Beverly Hills City Council
December 5, 2023

3617 3612 Parking Specialist OO19 $23.29 $24.45 $25.68 $26.97 $28.31 3610 3611 Permit Parking Assistant OO5 $16.31 $17.13 $17.98 $18.88 $19.82 3115 3116 Personnel & Training Specialist OO25 $26.76 $28.11 $29.51 $30.99 $32.54 3130 Police Cadet OO8 $18.73 $19.67 $20.66 $21.69 $22.77 5597 5596 Preschool Teaching Assistant (was
Preschool Assistant)
OO11 $19.25 $20.26 $21.33 $22.29 $23.41
5585 5586 Preschool Head Teacher OO33 $35.28 $37.05 $38.91 $40.83 $42.88 5590 Preschool Teacher OO24 $26.13 $27.43 $28.80 $30.25 $31.75 5518 5519 Program Operations Specialist OO28 $29.42 $30.89 $32.44 $34.06 $35.76 5548 Recreation Aide (was Recreation Leader I) OO1 16.31 Flat Rate 5552 5553 Recreation Leader OO7 $18.55 $19.53 $20.56 $21.64 $22.78 Recreation Specialist – Seasonal OO6 $27.18 $28.55 $29.96 $31.47 $33.04 5545 5546 Recreation Specialist (Hourly and RPT) OO6 $27.18 $28.55 $29.96 $31.47 $33.04 4041 4042 Senior Library Clerk G-55 $30.35 $32.02 $33.78 $35.63 $37.59 4056 4057 Senior Library Page F-16 $15.98 $15.98 $15.98 $16.47 $17.37 4546 Senior Support Specialist H-05 $40.50 $42.73 $45.08 $47.55 $50.17 5572 5568 Sr. Arts and Events Specialist OO32 $34.96 $36.81 $38.73 $40.78 $42.92 4573 4574 Sr. Video Production Specialist OO29 $31.22 $32.86 $34.60 $36.42 $38.37 3779 3778 Tree Maintenance Worker OO15 $20.15 $21.15 $22.21 $23.32 $24.48 5542 5544 Venue Coordinator G-71 $35.58 $37.54 $39.61 $41.78 $44.08 4572 4576 Video Producer/Editor (was Cable
TV/Video Associate I)
G-75 $37.03 $39.06 $41.21 $43.48 $45.87
4581 Video Production Specialist (was Cable
TV/Video Asst.)
OO27 $27.29 $28.73 $30.24 $31.74 $33.33
4559 4558 Volunteer Coordinator OO18 $22.95 $24.10 $25.30 $26.57 $27.89

MEA PART-TIME UNIT HOURLY SALARY SCHEDULE
EFFECTIVE 9/21/2024
Class
Code
RPT
Class
Code
Hourly
Classification Salary
Grade
Step 1 Step 2 Step 3 Step 4 Step 5
6016 6017 Account Specialist G-54 $31.40 $33.12 $34.95 $36.87 $38.90 6201 Administrative Intern-Grad OO12 $20.13 $21.14 $22.20 $23.30 $24.47 6200 Administrative Intern-Undergrad OO2 $17.04 $17.90 $18.79 $19.73 $20.71 5562 Art Handler OO30 $33.20 $34.96 $36.80 $38.74 $40.78 5571 5569 Arts and Events Specialist OO31 $33.20 $34.96 $36.80 $38.74 $40.78 5579 5580 Assistant Market Manager OO26 $28.50 $29.93 $31.42 $32.99 $34.65 3727 3726 Building Maintenance Attendant G-22 $22.84 $24.09 $25.42 $26.81 $28.29 4575 Cable TV/Video Specialist OO34 $38.67 $40.60 $42.63 $44.77 $47.01 5600 5601 Child Care Counselor OO10 $20.12 $21.17 $22.29 $23.29 $24.46 5599 5598 Child Care Site Coordinator OO23 $27.30 $28.66 $30.10 $31.61 $33.18 5062 5061 Code Enforcement Investigator OO20 $24.74 $25.98 $27.27 $28.63 $30.06 5567 5563 Community Services Assistant (was
Tennis Clerk)
OO3 $17.04 $17.90 $18.79 $19.73 $20.71
Community Services Facility Attendant
(was Rec Leader II)
OO1 17.04 Flat Rate
3099 3098 Crime Prevention Officer OO22 $26.99 $28.34 $29.74 $31.23 $32.80 6191 6192 Customer Service Representative G-52 $30.78 $32.47 $34.26 $36.14 $38.13 5123 Engineering Aide G-58 $32.67 $34.47 $36.37 $38.37 $40.47 5581 5584 Farmer's Market Coordinator OO21 $25.92 $27.21 $28.57 $30.01 $31.50 3125 Fire Cadet OO1 17.04 Flat Rate
5583 Food Services Specialist OO16 $22.57 $23.75 $25.00 $26.24 $27.56 5582 Food Services Worker OO16 $22.57 $23.75 $25.00 $26.24 $27.56 4026 4025 Librarian I G-75 $38.69 $40.82 $43.07 $45.44 $47.94 4022 4021 Librarian II H-05 $42.32 $44.65 $47.10 $49.69 $52.43 4050 4051 Library Clerk I G-35 $25.99 $27.42 $28.93 $30.52 $32.20 4046 4047 Library Clerk II G-45 $28.71 $30.29 $31.95 $33.71 $35.56 4062 Library Page OO1 17.04 Flat Rate
4036 Library Technician G-58 $32.67 $34.47 $36.37 $38.37 $40.47 6208 6207 Lifeguard OO1 17.04 Flat Rate
3572 3571 Mechanic Helper OO13 $20.96 $22.02 $23.11 $24.27 $25.49 6197 6198 Office Clerk (was Data Entry Specialist) OO14 $20.96 $22.02 $23.11 $24.27 $25.49 3773 3772 Park Maintenance Worker OO9 $20.02 $21.02 $22.08 $23.18 $24.34 3765 3766 Park Ranger OO17 $23.49 $24.67 $25.91 $27.20 $28.56 3615 3616 Parking Attendant OO4 $17.04 $17.90 $18.79 $19.73 $20.71 3617 3612 Parking Specialist OO19 $24.34 $25.55 $26.83 $28.18 $29.58 3610 3611 Permit Parking Assistant OO5 $17.04 $17.90 $18.79 $19.73 $20.71

3115 3116 Personnel & Training Specialist OO25 $27.97 $29.37 $30.84 $32.38 $34.01 3130 Police Cadet OO8 $19.57 $20.55 $21.59 $22.67 $23.79 5597 5596 Preschool Teaching Assistant (was
Preschool Assistant)
OO11 $20.12 $21.17 $22.29 $23.29 $24.46
5585 5586 Preschool Head Teacher OO33 $36.87 $38.72 $40.66 $42.67 $44.81 5590 Preschool Teacher OO24 $27.30 $28.66 $30.10 $31.61 $33.18 5518 5519 Program Operations Specialist OO28 $30.74 $32.28 $33.89 $35.59 $37.37 5548 Recreation Aide (was Recreation
Leader I)
OO1 17.04 Flat Rate
5552 5553 Recreation Leader OO7 $19.38 $20.41 $21.49 $22.61 $23.80 Recreation Specialist – Seasonal OO6 $28.40 $29.83 $31.31 $32.88 $34.53 5545 5546 Recreation Specialist (Hourly and RPT) OO6 $28.40 $29.83 $31.31 $32.88 $34.53 4041 4042 Senior Library Clerk G-55 $31.71 $33.46 $35.30 $37.24 $39.28 4056 4057 Senior Library Page F-16 $16.70 $16.70 $16.70 $17.21 $18.15 4546 Senior Support Specialist H-05 $42.32 $44.65 $47.10 $49.69 $52.43 5572 5568 Sr. Arts and Events Specialist OO32 $36.53 $38.46 $40.48 $42.62 $44.86 4573 4574 Sr. Video Production Specialist OO29 $32.63 $34.34 $36.16 $38.06 $40.10 3779 3778 Tree Maintenance Worker OO15 $21.05 $22.10 $23.21 $24.37 $25.59 5542 5544 Venue Coordinator G-71 $37.18 $39.23 $41.39 $43.66 $46.07 4572 4576 Video Producer/Editor (was Cable
TV/Video Associate I)
G-75 $38.69 $40.82 $43.07 $45.44 $47.94
4581 Video Production Specialist (was Cable
TV/Video Asst.)
OO27 $28.51 $30.02 $31.60 $33.17 $34.83
4559 4558 Volunteer Coordinator OO18 $23.98 $25.18 $26.44 $27.77 $29.15

MEA PART-TIME UNIT HOURLY SALARY SCHEDULE
EFFECTIVE 9/20/2025
Class
Code
RPT
Class
Code
Hourly
Classification Salary
Gade
Step 1 Step 2 Step 3 Step 4 Step 5
6016 6017 Account Specialist G-54 $32.81 $34.62 $36.52 $38.53 $40.65 6201 Administrative Intern-Grad OO12 $21.03 $22.09 $23.20 $24.35 $25.57 6200 Administrative Intern-Undergrad OO2 $17.81 $18.71 $19.64 $20.61 $21.64 5562 Art Handler OO30 $34.70 $36.54 $38.46 $40.48 $42.61 5571 5569 Arts and Events Specialist OO31 $34.70 $36.54 $38.46 $40.48 $42.61 5579 5580 Assistant Market Manager OO26 $29.79 $31.28 $32.84 $34.48 $36.21 3727 3726 Building Maintenance Attendant G-22 $23.86 $25.18 $26.56 $28.02 $29.56 4575 Cable TV/Video Specialist OO34 $40.41 $42.43 $44.55 $46.78 $49.12 5600 5601 Child Care Counselor OO10 $21.02 $22.13 $23.29 $24.34 $25.56 5599 5598 Child Care Site Coordinator OO23 $28.53 $29.95 $31.45 $33.03 $34.68 5062 5061 Code Enforcement Investigator OO20 $25.85 $27.14 $28.49 $29.91 $31.42 5567 5563 Community Services Assistant (was
Tennis Clerk)
OO3 $17.81 $18.71 $19.64 $20.61 $21.64
Community Services Facility
Attendant (was Rec Leader II)
OO1 17.81 Flat Rate
3099 3098 Crime Prevention Officer OO22 $28.20 $29.61 $31.08 $32.64 $34.28 6191 6192 Customer Service Representative G-52 $32.16 $33.93 $35.80 $37.77 $39.85 5123 Engineering Aide G-58 $34.14 $36.02 $38.00 $40.09 $42.30 5581 5584 Farmer's Market Coordinator OO21 $27.09 $28.44 $29.86 $31.36 $32.92 3125 Fire Cadet OO1 17.81 Flat Rate
5583 Food Services Specialist OO16 $23.58 $24.82 $26.12 $27.42 $28.80 5582 Food Services Worker OO16 $23.58 $24.82 $26.12 $27.42 $28.80 4026 4025 Librarian I G-75 $40.44 $42.66 $45.01 $47.48 $50.09 4022 4021 Librarian II H-05 $44.22 $46.66 $49.22 $51.93 $54.79 4050 4051 Library Clerk I G-35 $27.16 $28.65 $30.23 $31.89 $33.64 4046 4047 Library Clerk II G-45 $30.00 $31.65 $33.39 $35.23 $37.16 4062 Library Page OO1 17.81 Flat Rate
4036 Library Technician G-58 $34.14 $36.02 $38.00 $40.09 $42.30 6208 6207 Lifeguard OO1 17.81 Flat Rate
3572 3571 Mechanic Helper OO13 $21.91 $23.01 $24.15 $25.36 $26.63 6197 6198 Office Clerk (was Data Entry
Specialist)
OO14 $21.91 $23.01 $24.15 $25.36 $26.63
3773 3772 Park Maintenance Worker OO9 $20.92 $21.96 $23.07 $24.22 $25.43 3765 3766 Park Ranger OO17 $24.55 $25.78 $27.07 $28.42 $29.84 3615 3616 Parking Attendant OO4 $17.81 $18.71 $19.64 $20.61 $21.64 3617 3612 Parking Specialist OO19 $25.43 $26.70 $28.04 $29.45 $30.92 3610 3611 Permit Parking Assistant OO5 $17.81 $18.71 $19.64 $20.61 $21.64

3115 3116 Personnel & Training Specialist OO25 $29.23 $30.69 $32.23 $33.84 $35.54 3130 Police Cadet OO8 $20.45 $21.48 $22.56 $23.69 $24.86 5597 5596 Preschool Teaching Assistant (was
Preschool Assistant)
OO11 $21.02 $22.13 $23.29 $24.34 $25.56
5585 5586 Preschool Head Teacher OO33 $38.53 $40.46 $42.49 $44.59 $46.83 5590 Preschool Teacher OO24 $28.53 $29.95 $31.45 $33.03 $34.68 5518 5519 Program Operations Specialist OO28 $32.13 $33.73 $35.42 $37.19 $39.05 5548 Recreation Aide (was Recreation
Leader I)
OO1 17.81 Flat Rate
5552 5553 Recreation Leader OO7 $20.25 $21.32 $22.45 $23.63 $24.87 Recreation Specialist – Seasonal OO6 $29.68 $31.18 $32.72 $34.36 $36.08 5545 5546 Recreation Specialist (Hourly and
RPT)
OO6 $29.68 $31.18 $32.72 $34.36 $36.08
4041 4042 Senior Library Clerk G-55 $33.14 $34.96 $36.88 $38.91 $41.05 4056 4057 Senior Library Page F-16 $17.45 $17.45 $17.45 $17.98 $18.97 4546 Senior Support Specialist H-05 $44.22 $46.66 $49.22 $51.93 $54.79 5572 5568 Sr. Arts and Events Specialist OO32 $38.18 $40.19 $42.30 $44.53 $46.87 4573 4574 Sr. Video Production Specialist OO29 $34.09 $35.89 $37.78 $39.77 $41.90 3779 3778 Tree Maintenance Worker OO15 $22.00 $23.09 $24.26 $25.47 $26.74 5542 5544 Venue Coordinator G-71 $38.86 $41.00 $43.25 $45.63 $48.14 4572 4576 Video Producer/Editor (was Cable
TV/Video Associate I)
G-75 $40.44 $42.66 $45.01 $47.48 $50.09
4581 Video Production Specialist (was
Cable TV/Video Asst.)
OO27 $29.80 $31.37 $33.02 $34.66 $36.40
4559 4558 Volunteer Coordinator OO18 $25.06 $26.32 $27.63 $29.02 $30.46

EXHIBIT “B”
DEFINITIONS OF “NEW MEMBER” AND “CLASSIC MEMBER” PER THE PUBLIC EMPLOYEES’ PENSION REFORM ACT OF 2013 – PEPRA.

The parties acknowledge that the PEPRA controls over definitions such as “new member” and “classic member” and put their understanding of the definitions in their MOU for informational purposes so that employees understand their retirement benefits.

New Member
Government Code section 7522.04(f) defines “new member” as follows:
(a) "New member" means any of the following:
(1) An individual who becomes a member of any public retirement system for the first time on or after January 1, 2013, and who was not a member of any other public retirement system prior to that date.
(2) An individual who becomes a member of a public retirement system for the first time on or after January 1, 2013, and who was a member of another public retirement system prior to that date, but who was not subject to reciprocity under subdivision (c) of Section 7522.02.
(3) An individual who was an active member in a retirement system and who, after a break in service of more than six months, returned to active membership in that system with a new employer.

Classic Member
CalPERS refers to all members who do not fit the definition of new member as a classic member.

Attachment 5
Tentative Agreement – October 6, 2023

MEMORANDUM OF UNDERSTANDING

BETWEEN

THE CITY OF BEVERLY HILLS
AND

THE BEVERLY HILLS

CONFIDENTIAL EMPLOYEES ASSOCIATION
OCTOBER 71, 202319 – OCTOBER 26, 20236
i

TABLE OF CONTENTS
CHAPTER 1 - INTRODUCTION............................................................................................. 1 ARTICLE 1: INTEGRATION.............................................................................................. 1 ARTICLE 2: RECOGNITION CLAUSE................................................................................ 1 ARTICLE 3: TERM........................................................................................................... 1 CHAPTER 2 - COMPENSATION ........................................................................................... 1 ARTICLE 4: SALARY ........................................................................................................ 1 ARTICLE 5: OVERPAYMENT ........................................................................................... 2 ARTICLE 6: APPOINTMENT AND ADVANCEMENT......................................................... 2 A. Probationary Period, Step Placement and Advancement ................... 2 B. Employment at Other Than the First Step............................................ 3 C. Application Of Salary Steps To Reclassifications And Promotions ....... 3 D. Special Merit Step Advancement.......................................................... 3 E. Special Assignment Increase................................................................. 4 F. Part-Time Employment......................................................................... 4 G. Superior-Subordinate Relationship ...................................................... 4 H. Filling Position Out Of Classification (FPOC) ......................................... 4 ARTICLE 7: DEFERRED COMPENSATION ....................................................................... 5 ARTICLE 8: WELLNESS PAY ............................................................................................ 5 CHAPTER 3 - BENEFITS........................................................................................................ 7 ARTICLE 9: RETIREMENT ............................................................................................... 7 A. For “Classic Member” Employees......................................................... 7 B. For “New Members” As Defined By the Public Employees’ Pension Reform Act of 2013 (PEPRA)................................................................. 8 C. Additional Optional Benefits For All Employees................................... 9 ARTICLE 10: HEALTH BENEFITS ................................................................................... 10 A. Cafeteria Plan and Benefits................................................................. 10 B. Flexible Spending Accounts (FSA)....................................................... 12 ARTICLE 11: RETIREE MEDICAL INSURANCE ............................................................... 13 A. For Employees in the Unit Employed On December 31, 2009 ........... 13 B. For Employees in the Unit Hired Between July 1, 1981 and December 31, 1999 .............................................................................................. 13 C. For Employees Hired or Promoted into the Unit Between January 1, 2000 and December 31, 2009............................................................. 13 D. For Employees Hired On or After January 1, 2010 ............................. 14 ARTICLE 12: OTHER INSURANCE ................................................................................. 15 A. City –Provided Insurance .................................................................... 15 B. Optional Additional Life Insurance ..................................................... 15 ARTICLE 13: BENEFIT PAY-OFF UPON SEPARATION FROM CITY SERVICE .................. 15 ii
A. Vacation Payment............................................................................... 15 B. Sick Leave Payment............................................................................. 15 C. Severance Payment ............................................................................ 16 CHAPTER 4 - WORK HOURS.............................................................................................. 16 ARTICLE 14: HOURS OF WORK/WORK SCHEDULES .................................................... 16 A. Rest Periods ........................................................................................ 16 B. Meal Periods....................................................................................... 17 C. Job Sharing.......................................................................................... 17 ARTICLE 15: OVERTIME............................................................................................... 17 A. Accurately Reporting Time Worked.................................................... 17 B. Earning Overtime and Assigning Overtime Work............................... 18 C. Compensatory Time Off...................................................................... 18 D. Call Back .............................................................................................. 19 CHAPTER 5 - LEAVES OF ABSENCE ................................................................................... 19 ARTICLE 16: SICK LEAVE .............................................................................................. 19 ARTICLE 17: VACATION............................................................................................... 20 A. Authorization For Taking Vacation ..................................................... 20 B. Vacation Accrual ................................................................................. 20 C. Maximum Accrual of Vacation............................................................ 21 D. Holidays During Vacations.................................................................. 22 E. Limit On Payment ............................................................................... 22 ARTICLE 18: PAID TIME OFF ........................................................................................ 22 ARTICLE 19: HOLIDAYS ................................................................................................ 22 A. Accrual and Use of Holidays ............................................................... 22 B. Personal Holiday ................................................................................. 23 C. Potential Work on a Holiday............................................................... 24 ARTICLE 20: BEREAVEMENT LEAVE............................................................................. 24 ARTICLE 21: INDUSTRIAL DISABILITY LEAVE ............................................................... 24 ARTICLE 22: WITNESS AND JURY DUTY LEAVE............................................................ 25 A. Jury Duty ............................................................................................. 25 B. Witness Leave ..................................................................................... 25 ARTICLE 23: LEAVE WITHOUT PAY.............................................................................. 25 CHAPTER 6 - EMPLOYER-EMPLOYEE RELATIONS ............................................................ 26 ARTICLE 24: GRIEVANCE PROCEDURE ........................................................................ 26 A. Definition of a Grievance .................................................................... 26 B. Timeliness of a Grievance ................................................................... 26 C. Grievance Procedure .......................................................................... 26 ARTICLE 25: DISCIPLINE............................................................................................... 28 A. Pre-Action Due Process....................................................................... 28 iii
B. Disciplinary Appeals............................................................................ 29 ARTICLE 26: ASSOCIATION RELATED BUSINESS .......................................................... 30 A. Association Representatives............................................................... 30 B. Association Time Off........................................................................... 31 C. Use of City Facilities............................................................................ 31 D. Association Business and Training ...................................................... 31 E. Dues Deduction................................................................................... 31 ARTICLE 27: SAVINGS CLAUSE..................................................................................... 32 ARTICLE 28: MANAGEMENT RIGHTS .......................................................................... 32 ARTICLE 29: NON-DISCRIMINATION ........................................................................... 32 ARTICLE 30: TUITION REIMBURSEMENT..................................................................... 33 EXHIBIT “A”: LIST OF CLASSIFICATIONS REPRESENTED BY THE ASSOCIATION................. 34 EXHIBIT “B”: SALARY SCHEDULES FOR TERM OF CONTRACT ........................................... 35

CONFIDENTIAL EMPLOYEES ASSOCIATION

MEMORANDUM OF UNDERSTANDING
CHAPTER 1 - INTRODUCTION
The Beverly Hills Confidential Employees Association, a formally recognized employee organization, representing all its members within the Confidential Unit and duly authorized representatives of the management of the City of Beverly Hills (hereinafter referred to as the “City”), have met and conferred in good faith, freely exchanging information, opinions, and proposals, and have reached the following agreement (hereinafter referred to as either agreement or MOU) on matters within the scope of representation. The parties agree that all bargaining unit members are confidential employees under the law and applicable City Council resolution.

ARTICLE 1: INTEGRATION
This document embodies a written memorandum of the entire understanding and mutual agreement of the parties as required by Government Code § 3505.1 and supersedes all prior written and verbal agreements between the parties hereto. The word “day” in this agreement refers to calendar days unless specifically designated as working days.

ARTICLE 2: RECOGNITION CLAUSE
The Association represents all employees in the City of Beverly Hills designated as Confidential.

A list of all of the classifications represented by the Association is attached to this MOU as Exhibit A.

ARTICLE 3: TERM
This MOU shall be effective October 71, 202319 and shall expire on October 26, 20263.

Although employees in the unit are disaster service workers and subject to being called to work at any time, employees in the unit are not required to be on standby. If, during the term of this MOU, the City identifies a need to place employees in the unit on standby, the parties agree to meet and confer over the subject of standby, including standby pay.

During the term of the MOU, the parties can reopen negotiations to discuss the City’s modification to the Performance Evaluation process (including the evaluation form).

During the term of the MOU, the parties can reopen negotiations to discuss appropriate reimbursement for use of cell phones by employees in the unit.

CHAPTER 2 - COMPENSATION

ARTICLE 4: SALARY
Effective the pay period including October 1, 2019, employees will receive a base salary increase of two percent (2.0%).

Effective the pay period including October 1, 2020, employees will receive a base salary increase of two percent (2.0%).

Effective the pay period including October 1, 2021, employees will receive a base salary increase of two percent (2.0%).

Effective the pay period including October 1, 2022, employees will receive a base salary increase of two percent (2.0%).

Effective October 7, 2023, employees will receive a base salary increase of four and one half percent (4.50%).

Effective the pay period including October 1, 2024, employees will receive a base salary increase of four and one half percent (4.50%).

Effective the pay period including October 1, 2025, employees will receive a base salary increase of four and one half percent (4.50%).

The salary schedules for the duration of the MOU are attached hereto as Exhibit “B”.

ARTICLE 5: OVERPAYMENT
If an employee receives more compensation (whether in the form of salary, overtime, or any other form of compensation contained in this MOU), than he/shethey areis entitled to receive (i.e., is overpaid), the City will inform the employee. The City will then provide the employee with documentation reflecting the overpayment. The City will work with the employee to reconcile the overpayment, and if overpaid will work to create a repayment schedule.

If an employee is separating from the City and there is a mutual agreement between the City and employee that the employee has been overpaid, and the amount of the overpayment, the City shall recover the overpayment by reducing the value of the employee’s accrued leaves from which the employee would otherwise be entitled to receive a cash payment. If the value of such accrued leave does not cover the entire overpayment, the employee will still be required to reimburse the City for the remainder of the overpayment. If the value of accrued leaves (for which an employee is entitled to cash out) exceed the overpayment, the employee will still be cashed out for the remainder of their accrued leaves. If there is not an agreement that the employee has been overpaid and the amount of the overpayment, this paragraph shall not apply.

ARTICLE 6: APPOINTMENT AND ADVANCEMENT

A. Probationary Period, Step Placement, and Advancement

1. Probationary Period: The probationary period for all positions in the bargaining unit shall be one year.

2. Employee Placement and Advancement: Employees will be appointed into a position that is on the salary schedule with a prescribed range. Normally, employees shall be appointed in the first step and shall be eligible to be advanced through the five (5) basic steps in their allocated schedules as follows:
a. For employees starting at Steps 1 through 4 of the salary range:

After one (1) year of satisfactory service and each year annually thereafter, an employee shall be eligible for a salary increase to the next step of the range up to top step of the salary range. The effective date of the step increase shall be the employee’s anniversary date. Employees hired prior to the date of City Council approval of this 2019-2023 MOU, who were at Step 1 at the time of approval, shall receive a salary step increase to Step 2 after six (6) months of satisfactory service. They shall then be eligible for salary step increases to Steps 3 through 5 after one (1) year of satisfactory service and each year thereafter.
b. All increases are recommended by the employee’s supervisor and the Appointing Authority (each employee’s department head or designee), and is approved by the Human Resources Director.

Employees shall advance to the next step unless they receive a timely performance evaluation (i.e., within one calendar week of the employee’s anniversary date) indicating that their performance does not merit an increase, in which case, the step advancement may be withheld or delayed.
c. Employees on probation (including probation for a position into which an employee has promoted) shall be eligible to apply for an open recruitment and a promotion.

B. Employment At Other Than The First Step
Every employment shall be at the first step of the schedule prescribed for the classification unless, upon the recommendation of the Human Resources DirectorDirector of Human Resources, the City Manager authorizes hiring at a higher step. Such authorization shall be kept to a minimum and based upon proven inability to recruit at the first step, or upon ascertained special talent and ability of the prospective employee.

C. Application Of Salary Steps To Reclassifications And Promotions

When a position in the unit is reclassified upward to a class having a higher salary, the employee in the position shall be appointed to the reclassified position, providing that the employee meets the qualifications established for the reclassified position.

In the event an employee is promoted or reclassified upward, the employee shall be placed at the lowest step of the new classification that provides the employee at least five percent (5%) more than the base pay rate the employee was receiving prior to being promoted. In no event shall the promoted employee be placed above the top step of the new range. The effective date of the promotion shall be the first day of the pay period following the promotion date. The employee’s anniversary date for the position into which the employee is promoted (which determines step increases for that position) shall be the effective date of the promotion.

When a position is reclassified downward to a class having a lower salary or is determined by the Council to be excessively compensated, the employee in that position can be appointed to the reclassified position and the salary of the incumbent shall be “Y”-rated, which shall freeze the employee’s salary and prevent salary advancement for such position until the schedule for the reclassified position’s classification provides a step which exceeds the salary paid to the incumbent. No reduction of salary rate shall result from “Y”-rating.

Benefits and leave rights shall be available to all employees on probation as a result of accepting a promotion, if such employee has completed his/hertheir or her initial probation or at least twelve (12) months of probationary service in City service.

D. Special Merit Step Advancement
The City Manager may, upon the recommendation of the appointing authorityDepartment Head and the Human Resources DirectorDirector of Human Resources, authorize the advancement of an employee to any of the four (4) steps earlier than the employee would normally be eligible for length of service merit step advancement. Such increases shall be effective on the first day of the pay period following approval by the City Manager, if not otherwise specified by the Appointing AuthorityDepartment Head. A special merit step advancement shall affect the anniversary date of an employee causing it to change to the effective date of the special increase.

E. Special Assignment Increase
A special assignment increase may be granted (upon approval of the Human Resources DirectorDirector of Human Resources) to an employee by an Appointing AuthorityDepartment Head provided that the employee is clearly performing specific duties above and beyond that required by his/hertheir classification while not assigned or authorized to be filling a position out of classification. The Appointing

AuthorityDepartment Head shall submit his/hertheir recommendation and justification to the Human Resources DirectorDirector of Human Resources for approval. The Human Resources DirectorDirector of Human Resources will review the recommendation and determine whether it is warranted given the standards of this section. Said The increase shall be 6% above the base salary paid to the employee. Annually a review by the Human Resources DirectorDirector of Human Resources of the special assignment shall be made to determine if it is still warranted.

F. Part-Time Employment
Part-time appointment (defined as any appointment of less than a 40 hour full time assignment) to a position in any authorized classification shall be made at the first step of the appropriate salary schedule. In the event an appointment is made at other than Step I, the procedure relative to regular appointments shall be followed. Part-time employees shall receive a prorated share of benefits based upon the regularly assigned work hours; said hours to be determined at the time of appointment.

G. Superior - Subordinate Relationship
For the purpose of this section, a superior-subordinate relationship is defined as a relationship in which a classification has the responsibility for the direct supervision of another classification.

In such a relationship, a superior shall be paid a monthly salary rate above his/hertheir subordinates. When a subordinate’s monthly salary rate is equal to or exceeds that which is being paid to his/hertheir superior, the superior shall receive a special adjustment of 3% above the salary of the highest paid subordinate.

At any time the superior’s base salary (excluding this salary adjustment) exceeds the base salary of his/hertheir subordinates, the salary adjustment granted to him by this section shall be eliminated.

H. Filling Position Out Of Classification (FPOC)
As the result of departmental need and while so assigned, Eevery regular employee temporarily assigned to and working in a classification with a salary range above that of the employee’s regularly assigned position as the result of special departmental need shall be paid FPOC pay while so assigned at a step within higher classification’sthe range for the higher classification, after serving eighty (80) hours in any calendar year in the higher classification. When an employee meets these requirements, the employee shall receive the higher of (a) 5% above the pay rate of his/hertheir regular classification or (b) the first step of the salary schedule for the higher classification. Under no circumstances will a rate higher than the fifth step of the higher salary schedule be paid. No position may be filled out of classification unless established departmental procedures are

followed and authorization from the Department Head is obtained. Probationary employees are not eligible to fill a position out of classification.

To be eligible for compensation for filling a position out of classification, the employee has to possess the minimum qualifications for the higher classification and be capable of performing those specific tasks which he/shethey will be performing during this acting time and which differentiates it from the lower classification. Before FPOC status is attained, the necessary forms shall be approved by the Department Head or designee and Human Resources DirectorDirector of Human Resources. Employees assigned to fill positions out of classification shall not acquire status or credit for service in the higher classification and may be returned to their regularly assigned position at any time.

Employees receiving FPOC pay shall not receive the pay when on vacation or sick leave for two weeks or longer.

The parties agree that to the extent permitted by law, the compensation for FPOC is special compensation for “classic member” employees and shall be reported as such pursuant to Title 2 CCR, Section 571(a)(3) Temporary Upgrade Pay.

ARTICLE 7: DEFERRED COMPENSATION
A. The City shall contribute $60.00 per month per employee to a deferred compensation account.

In addition to the City’s contribution to deferred compensation described in the first paragraph, any employee may elect to contribute to his/hertheir own deferred compensation account from his/hertheirregular wages up to the maximum deferrals specified by law and/or plan rules. In accordance with the tax rules, any cash that an employee may receive through the cafeteria plan described in Article 10 may not be deferred to the employee’s accounts under the City’s deferred compensation plans. The employee may, however, be able to elect to increase his/hertheir deferrals to the City’s retirement plans from his/hertheir regular wages.

B. Conversion of Sick Leave to Deferred Compensation
Employees may choose to contribute part of their accumulated sick leave to deferred compensation. Per IRS regulations, converted sick leave may only be used to fund “catch up” contributions to deferred compensation, therefore, an employee must first contribute the maximum to their respective deferred compensation account before they are permitted to use their sick leave to make “catch up” contributions. The following restrictions apply to this program:

1. The employee must have a minimum of 15 years of service with the City of Beverly Hills.

2. The employee’s sick leave balance cannot be reduced below 500 hours by the contribution.

3. Contribution amounts and deferral limits will be governed by IRS Code restrictions and the deferred compensation plan rules related to “catch-up” contributions.

4. An employee may only convert the amount of sick leave they would be eligible to receive if they separated from service at the time of the sick leave conversion to deferred compensation.

ARTICLE 8: WELLNESS PAY
The City agrees that effective the pay period including October 1, 2019, employees in the unit will receive one half of one two percent (2.00.5%) each pay period of each employee’s annual base pay for wellness pay. Wellness pay is provided to employees to promote wellness. This includes, but is not limited to, purchase of gym memberships, physical fitness equipment, or medical exams or treatments designed to improve overall employee health. The City and the Association agree that this form of pay does not qualify as special compensation per Title 2 Section 571 or 571.1 and is therefore not pensionable.

Effective the pay period including October 1, 2020, the City agrees that employees in the unit will receive an additional one half of one percent (0.5%) (for a total of 1% of annual base pay) for wellness pay.

Effective the pay period including October 1, 2021, the City agrees that employees in the unit will receive an additional one half of one percent (0.5%) (for a total of 1.5% of annual base pay) for wellness pay. However, if the City’s Fiscal Year 2021-2022 Employer Miscellaneous Normal Cost Rate exceeds 10.303% (the 2020-2021 rate), employees in the unit will cost share (in accordance with Government Code section 20516(f)) as follows:

Classic Employees: One-half (1/2) of the amount by which the Fiscal Year 2021-2022 Employer Miscellaneous Normal Cost Rate exceeds 10.303% up to a maximum of 0.5% of compensation earnable.

New Members as defined by the Public Employees’ Pension Reform Act of 2013: Onehalf (1/2) of the amount by which the Fiscal Year 2021-2022 Employer Miscellaneous Normal Cost Rate exceeds 10.303% up to a maximum of 0.5% of pensionable compensation.

This cost share would be effective the first day of the pay period including October 1, 2021. For example, if the City’s Fiscal Year 2021-2022 Employer Miscellaneous Normal Cost Rate increases to 10.903% (a 0.6% increase), employees will cost share 0.3%. If the City’s Fiscal Year 2021-2022 Employer Miscellaneous Normal Cost Rate increases to 12% (which is more than 1% above the 2020-2021 rate), the employees shall cost share 0.5%, the maximum amount. Rate increases will

be applied to the one thousandth of a percent. If there is rounding necessary, the City will round up.

Effective the pay period including October 1, 2022, the City agrees that employees in the unit will receive an additional one half of one percent (0.5%) (for a total of 2.0% of annual base pay) for wellness pay. However, if the City’s Fiscal Year 2022-2023 Employer Miscellaneous Normal Cost Rate exceeds 10.303%, (the 2020-2021 Rate) employees in the unit will cost share on an ongoing basis (in accordance with Government Code section 20516(f)) as follows:

Classic Employees: One-half (1/2) of the amount by which the Fiscal Year 2022-2023 Employer Miscellaneous Normal Cost Rate exceeds 10.303% up to a maximum of 1.0% of compensation earnable.

New Members as defined by the Public Employees’ Pension Reform Act of 2013: Onehalf (1/2) of the amount by which the Fiscal Year 2022-2023 Employer Miscellaneous Normal Cost Rate exceeds 10.303% up to a maximum of 1.0% of pensionable compensation.

This cost share would be effective the first day of the pay period including October 1, 2022. For example, if the City’s Fiscal Year 2022-2023 Employer Miscellaneous Normal Cost Rate increases to 11.503% (a 1.2% increase over the 2020-2021 rate), employees will cost share 0.6% on an ongoing basis. If the City’s Fiscal Year 2022-2023 Employer Miscellaneous Normal Cost Rate increases to 12.5% (which is more than 2% above the 2020-2021 rate), the employees shall cost share 1.0%, the maximum amount. Rate increases will be applied to the one thousandth of a percent. If there is rounding necessary, the City will round up.

If the City’s Fiscal Year 2022-2023 Employer Miscellaneous Normal Cost Rate is lower than the City’s Fiscal Year 2021-2022 Employer Miscellaneous Normal Cost Rate, the employees will cost share, on an ongoing basis, the amount they started to cost share at the beginning of the pay period including October 1, 2021, but it will not be reduced. If the City’s Fiscal Year 2022-2023 Employer Miscellaneous Normal Cost Rate is higher than the City’s Fiscal Year 2021-2022 Employer Miscellaneous Normal Cost Rate, the employees will cost share as described above effective October 1, 2022 on an ongoing basis, but not in addition to the amount of the cost share the employees will be paying beginning with the pay period including October 1, 2021. The maximum cost share an employee can pay effective October 1, 2022 is one percent (1.0%).

If the Association ever informs the City that it no longer agrees to cost share, the employees’ wellness pay will be reduced by the same percentage as reduction in the cost share.

CHAPTER 3 - BENEFITS
ARTICLE 9: RETIREMENT
The City contracts with CalPERS for retirement benefits. The benefits provided herein are provided per the Public Employees Retirement Law (the “PERL”) as well as the City’s contract

with CalPERS. The PERL and the City’s contract with CalPERS shall control over any provision of this MOU which is inconsistent with the law or the City’s contract with CalPERS.

A. For “Classic Member” Employees

1. An individual hired on or after January 1, 2013, who was employed by any public employer before January 1, 2013 and who does not meet the definition of “New Member” under the PEPRA will be designated as a “Classic Member”. “Classic Members” are defined as those individuals who are:
a. Working for an employer providing CalPERS retirement benefits who begins employment with the City without a break in service or a break in service of six (6) months or less; or
b. Current member of a public retirement system or plan with reciprocity with CalPERS.

2. Retirement Formula: The City contracts with CalPERS to provide the 2.5% at 55 retirement formula set forth in California Government Code Section 21354.4.

3. Single Highest Year: The City’s contract with the CalPERS provides for the “Single Highest Year” retirement benefit for miscellaneous employees of which “classic member” employees are included pursuant to Government Code section 20042. The retirement benefit is based on the highest annual compensation for the one year during the employee’s membership in CalPERS.

4. Payment of Employee/Member Contribution: Classic Members pay their 8% Member Contribution.

B. For “New Members” As Defined By the Public Employees’ Pension Reform Act of 2013 (PEPRA)

1. A “New Member” as defined by PEPRA is an employee who becomes a member of a public retirement system for the first time on or after January 1, 2013 and:
a. Was not a member of a public retirement system before January 1, 2013; or
b. Was a member of a public retirement system before January 1, 2013 that is not subject to reciprocity with CalPERS; or

c. Alternatively, anyone who was an active member of a retirement system, has a break in service of more than six (6) months, and returns to active membership in the same system with a new employer.

2. Retirement Formula: Unit members who are defined as “new members” under the PEPRA, are covered by the 2% @ 62 formula provided for by the Public Employees’ Retirement Law at Government Code section 7522.20(a).

3. Retirement Benefit Calculation Period: For unit members defined as “new members” under the PEPRA such employees’ final compensation will be based on the highest annual average compensation earnable during the three consecutive years of employment immediately preceding the effective date of his or hertheir retirement or any other three consecutive year period chosen by the employee as set forth in Government Code section 7522.32(a).

4. Payment of Employee/Member Contribution: New member employees are responsible for paying the employee contribution of one-half of the total normal cost of the plan, as defined by CalPERS, through a payroll deduction. This amount will be determined by CalPERS in the future. The cost sharing provision below does not change this responsibility for paying one-half the normal cost, which is defined in the annual actuarial valuation report provided by CalPERS. The City has adopted the CalPERS resolution in accordance with IRS Code section 414(h)(2) to ensure that the employee contribution is made on a pre-tax basis.

In addition, new members pay an additional amount for their retirement contribution as cost sharing in accordance with Government Code section 20516(f). That amount will be the difference between the half the normal cost amount and eight percent so that their total retirement contribution will be eight percent (8%). If the half the normal cost rate equals or exceeds eight (8%) employees will not be required to cost share.

C. Additional Optional Benefits For All Employees

1. Military Buy- Back: The City’s contract with the CalPERS provides for the military buy- back option to a maximum of four (4) years buy- back time.

The entire cost of this buy- back shall be borne by those employees taking advantage of this buy- back option.

2. 1959 Survivor’s Benefit: The City’s contract with CalPERS provides Level 4 coverage under the 1959 Survivor’s Benefit pursuant to Government Code section 21574.

3. Pre-Retirement Option 2 Benefit: The City’s contract with CalPERS provides the Pre-Retirement Optional Settlement 2 Benefit as set forth in Government Code section 21548 for employees.

4. Pre-Retirement Death Benefits: The City’s contract with CalPERS provides the benefit known as the pre-retirement death benefits to continue after remarriage of survivor as set forth in Government Code section 21551.

5. Cost of Living Allowance: The City’s contract with CalPERS provides the benefit known as the 2% Cost of Living Allowance Increase as set forth in Government Code section 21329.

6. Retired Death Benefit: The City’s contract with CalPERS provides the $500 Retired Death benefit as set forth in Government Code section 21620.

7. Prior Service: The City’s contract with CalPERS provides the prior service benefit as set forth in Government Code section 20055.

ARTICLE 10: HEALTH BENEFITS
A. Cafeteria Plan and Benefits

1. Cafeteria Plan and Benefits: The City will provide current employees with flexible benefits through a cafeteria plan as provided below.

The following insurance benefits provided for in this Article will be provided through the provision of a cafeteria plan adopted in accordance with the provisions of IRS Code § 125: medical, dental, and optical.

Any language contained in this MOU which is also contained in the cafeteria plan documents is done so for the convenience of the parties.

However, the parties agree that all of the provisions of the cafeteria plan documents (whether included in this MOU or not) are applicable and binding on the parties to this MOU.

2. The Purchase of Optional Benefits Through the Cafeteria Plan: The cafeteria plan offers employees the opportunity to purchase the following optional benefits: medical, dental, and optical insurance.

Employees shall be provided with the amount of $2,150.00 per month (inclusive of the statutory minimum) for the purchase of the optional medical, dental and optical insurance benefits.

Effective January 1, 2022, employees who are enrolled in medical insurance coverage at the employee + family level will be provided $2,250.00 per month for the purchase of the optional medical, dental and optical insurance benefits. The $2,250.00 per month is inclusive of the CalPERS statutory minimum. Employees who are enrolled in medical insurance at the employee or employee + 1 level, will continue to be provided a City contribution of $2,150.00.

Effective January 1, 2023, employees who are enrolled in health insurance coverage at the employee + family level will be provided $2,350.00 per month for the purchase of the optional medical, dental and optical insurance benefits. The $2,350.00 per month is inclusive of the CalPERS statutory minimum. Employees who are enrolled in medical insurance at the employee or employee + 1 level, will continue to be provided a City contribution of $2,150.00.

Employees who are enrolled in health insurance coverage receive a monthly City contribution for the purchase of the optional medical, dental, and optical insurance benefits that is inclusive of the CalPERS statutory minimum. From adoption of the MOU through December 31, 2023, employees who are enrolled at the employee or employee + 1 level receive $2,150.00 per month. Employees who are enrolled at the employee + family level receive $2,350.00 per month.

Effective January 1 of each year of the MOU, the monthly City contribution for the purchase of the optional medical, dental, and optical insurance benefits that is inclusive of the CalPERS statutory minimum shall be as follows:
0 03. The Receipt of Cash Through the Cafeteria Plan:

Employees will be eligible to receive cash up to a maximum of $475 per month (subject to taxation as wages) through the cafeteria plan if they either opt out of receiving one of the optional benefits provided through the plan or if they choose optional benefits that do not cost as much as the maximum dollar amount they

COVERAGE LEVEL

TOTAL CITY

CONTRIBUTION

EFFECTIVE
JANUARY 1, 2024

TOTAL CITY

CONTRIBUTION

EFFECTIVE
JANUARY 1, 2025

TOTAL CITY

CONTRIBUTION

EFFECTIVE
JANUARY 1, 2026
Employee Only: $2,150 $2,150 $2,150
Employee Plus One
Dependent:
$2,200 $2,250 $2,300
Employee plus Family: $2,450 $2,550 $2,650

receive through the plan. Employees will be eligible to receive cash (subject to taxation as wages) through the cafeteria plan if they either opt out of receiving one of the optional benefits provided through the plan or if they choose optional benefits that do not cost as much as the maximum dollar amount they receive through the plan. Employees who opt out or who are enrolled in health insurance coverage at the employee only or employee +1 level will receive cash up to a maximum of $475 per month. Employees enrolled in health insurance coverage at the employee + family level will receive cash up to a maximum of $375 per month.

Effective January 1, 2022, employees who opt out or who are enrolled in health insurance coverage at the employee only or employee + 1 level will continue to receive cash up to a maximum of $475 per month. Employees enrolled in health insurance coverage at the employee + family level will receive cash up to a maximum of $425 per month.

Effective January 1, 2023, employees who opt out or who are enrolled in health insurance coverage at the employee only or employee + 1 level will continue to receive cash up to a maximum of $475 per month. Employees enrolled in health insurance coverage at the employee + family level will be eligible to receive cash up to a maximum of $375 per month. a. Medical Insurance: The City contracts with the Public Employees’ Retirement SystemCalPERS for medical insurance coverage of eligible employees and retirees. Eligible new hires are covered under the program on the first day of the month following the employee’s hire date.

The City contributes the PERS statutory minimum on behalf of each employee in the program.

Eligible employees may select any of the HMO or PPO medical insurance plans offered by CalPERS.

If CalPERS changes any of the medical insurance plans by either adding to or deleting the plan options described above, employees will be limited to those plan options offered by CalPERS.

For each of the plans, employees will also be able to choose the benefit for the employee, employee + 1, or employee + family.

Covered employees are required to participate in CalPERS medical insurance under one of the available options. However, an employee may opt out of medical insurance if the employee attests provides proof that he/shethey havehas minimum essential coverage as defined by the Affordable Care Act (“ACA”).

If at any time during the term of the MOU, any provision of Federal law or regulation would impose greater financial cost or penalties on the City above and beyond the City’s agreed upon contribution to an employee’s cafeteria plan, the parties agree to reopen negotiations. The negotiations will be for the limited purpose of making changes to the cafeteria plan that would be needed to ensure that such additional cost or penalties are avoided. b. Dental Insurance: Employees shall also have the ability to select from two levels of dental insurance from the City’s dental insurance provider, Guardian. The City reserves the right to change dental insurance providers if necessary. If it does, employees will be provided with similar benefits with the new provider. As with medical insurance, employees will have the options of: employee, employee + 1, or employee + family. Employees do not have to choose any dental insurance and need not provide proof of dental insurance from another source.
c. Optical Insurance: Employees shall also have the ability to select from two levels of optical insurance from the City’s optical insurance provider, Vision Service Plan (VSP). The City reserves the right to change optical insurance providers if necessary. If it does, employees will be provided with similar benefits with the new provider. As with medical insurance, employees have the options of: employee, employee + 1 or employee, + family. Employees do not have to choose any optical insurance and need not provide proof of optical insurance from another source.

4. Employee Contributions for Benefit Options: If an employee chooses optional benefits whose aggregate cost exceeds the total City contributions to the Cafeteria Plan, the City will automatically deduct the excess amount on a pre-tax basis from the employee’s bi-weekly payroll.

B. Flexible Spending Accounts (FSA):

Employees have the opportunity to participate in both a health care and dependent care flexible spending account (each an FSA) whereby employees will be able to defer up to the maximum permitted by law for the health care FSA and dependent care FSA to pay for any eligible out of pocket expenses related to health care or dependent care on a pretax basis. The provisions of both of these FSA’s will be provided in a plan document. The plan document will be available to each eligible employee upon request. Before January 1 of every year, employees will be able to elect to have their compensation for the upcoming year deducted biweekly and contributed on a pre-tax basis to the FSA. During the year (and for a short grace period thereafter), an employee can receive

reimbursements under the FSA for covered expenses incurred during the year, up to the amount of the employee’s elected contributions for the year. The FSA deductions will be withheld from employees’ regular payroll.

1. Benefits if on an Industrial Leave: In the event an employee is on a leave without pay as a result of an industrial injury, the City shall pay the PERS statutory minimum for that employee (assuming the employee wants medical, dental, or optical coverage from the City) for the duration of the leave. In addition, outside of PEMHCA, assuming the employee wants to be covered by medical, dental, or optical insurance the employee shall receive his/hertheir additional cafeteria plan contribution (up to the maximum amount provided above) amount for one month for each year of full service up to one year. If an employee chooses to opt out of insurance and receive cash as described above, he/shethey will be eligible to receive that cash for one month for each year of full service up to one year.

ARTICLE 11: RETIREE MEDICAL INSURANCE
A. For Employees In the Unit Employed On December 31, 2009 All employees in the unit employed on December 31, 2009, who remain employed in the bargaining unit after that date and retire from City service shall continue to be eligible to receive the same level of retiree medical benefits they were eligible to receive before January 1, 2010. For retirees participating in the CalPERS medical insurance program, the City will pay the statutory minimum. In addition, the City will provide benefits through a medical reimbursement program. In accordance with the tax rules, retirees will not be permitted to participate in the cafeteria plan.

B. For Employees Hired Between July 1, 1981 and December 31, 1999 For bargaining unit members hired between July 1, 1981 and December 31, 1999, and for retirees who retired (service retirement only) between July 1, 1981 and December 31, 1999, the City shall continue to pay the difference between the PERS statutory minimum and the actual cost of the medical insurance premium up to the one party rate of the PERS Platinum Care Plan. (The employee will receive a check for the difference between the one party rate of the PERS Care Plan and the PERS statutory minimum.) C. For Employees Hired or Promoted into the Unit Between January 1, 2000 and December 31, 2009
To qualify for this benefit, an employee shall:

1. Complete a minimum of 5 years of full-time employment with the City of Beverly Hills; and

2. Receive a service retirement from the City of Beverly Hills; and

3. Not perform any paid work for a PERS contracting agency following retirement from the City of Beverly Hills with the exception of work below 960 hours per fiscal year.

Upon these conditions, the City shall continue to pay a part or all of the difference between the PERS statutory minimum and the actual cost of the medical insurance up to the one party rate of the PERS Platinum Care plan at the following rate:

1. The City will pay 25% of the difference;

2. The City will pay an additional 5% of the difference for each year of employee service with the City of Beverly Hills, from the sixth year through the twentieth year. Thus, for example, an employee who retires with 20 or more years of service with the City of Beverly Hills will be entitled to receive 100% of the difference.

The City will not pay more than 100% of the cost of a retiree’s medical insurance premium.

To the extent that any provisions of AB 410 (effective January 1, 2014) are contrary to those provided herein, the provisions of AB 410 shall apply.

D. For Employees Hired On Or After January 1, 2010
Employees hired into the unit on or after January 1, 2010, who retire from the City, will receive the PERS statutory minimum paid by the City.

In addition, in lieu of additional retiree medical insurance benefits, the City shall, while the employees are working for the City, contribute the sum of $150.00 per month ($75.00 per pay period) for twenty-four (24) pay periods – (there will be no contribution in the third pay period of any month which has three pay periods) to a retirement health account on behalf of such employees. For employees who promote into the unit after January 1, 2010 who were City employees as of December 31, 2009, they will receive retiree medical benefits as though they were a member of the bargaining unit prior to January 1, 2010 as addressed above.

When such employees retire, they will be able to purchase health insurance by contributing the additional costs for PERS medical, dental, and optical insurance they choose.

E. Alternative Retiree Medical Program (ARMP)

Notwithstanding any provision above, employees in the unit who have previously voluntarily chosen to participate in the Alternative Retiree Medical Program (ARMP) will not receive retiree medical benefits from the City. Their choice of ARMP was made in lieu of receipt of the retiree medical benefit provided above.

ARTICLE 12: OTHER INSURANCE
A. City-Provided Insurance
The following benefits are provided to all employees at the City’s expense:

1. Term Life Insurance policy of $75,000.

2. Disability Insurance: Disability insurance policy provides two thirds (2/3) of monthly salary up to a maximum of up to $7,500.00 per month, except as may be provided under the applicable plan document. This plan has a 30-day elimination period. Employees may use accrued leaves to supplement payments received by the disability insurance plan. However, the employee may not receive more than 100% of their regular wages.

B. Optional Additional Life Insurance
Employees may also purchase supplemental term life insurance, if available, with deductions from their bi-weekly compensation as designated by each employee.

Although employees may use cash wages they receive through the cafeteria plan (if applicable) to purchase supplemental term life insurance, they cannot defer cash wages they receive through the cafeteria plan directly into the purchase of supplemental term life insurance. It must be a deduction from their paycheck.

ARTICLE 13: BENEFIT PAY-OFF UPON SEPARATION FROM CITY SERVICE A. Vacation PaymentPayoff
All employees who separate from City service shall be paid for accumulated vacation.

B. Sick Leave Payoffment
All accrued, unused sick leave at the date of separation from City service shall be the basis for determining the amount to be paid to each employee who qualifies to receive sick leave pay.

All accumulated sick leave at the date of separation from City service shall be the basis for determining the amount to be paid to each employee who qualifies to receive sick leave pay-off.

Only employees who have ten (10) or more continuous years of City service shall be eligible for sick leave pay-off upon separation from employment with the City. Employees with less than ten (10) years of continuous service shall not be eligible to receive any payoff for unused sick leave.

Employees with at least ten (10) but less than fifteen (15) years of continuous service shall be eligible to receive payment for accumulated sick leave at the rate of three percent (3%) per full year of service. For employees with fifteen (15) or more years of continuous service, the rate for accumulated sick leave is four percent (4%). However, the maximum rate of sick leave payoff shall not exceed 100%. Sick leave shall be calculated at the rate of pay, including all bonuses, received by the employee at the time of his/hertheir separation. For example, an employee with twelve full years of continuous City service at the time of separation would receive a pay-off for thirty-six percent (36%) (12 x 3%) of his/hertheir accumulated sick leave, and an employee with eighteen (18) years of continuous City service at the time of separation would receive a pay-off for seventy-two percent (72%) (18 x 4%) of his/hertheir accumulated sick leave.

C. Severance Payment
In addition to the layoff provisions of the Personnel Rules and Regulations, an employee who is laid off shall receive one day of their current salary for each year of service with the City, up to a maximum of ten (10) days of salary.

CHAPTER 4 - WORK HOURS
ARTICLE 14: HOURS OF WORK/WORK SCHEDULES
The workweek for all members of the unit shall be 168 regularly recurring hours. For employees working the 5/40 or 4/10 work schedule, it shall begin on Saturday at 12:00 a.m. and end at 11:59 p.m. the following Friday. For employees working the 9/80 work schedule, each employee’s designated FLSA workweek (168 hours in length) shall begin exactly four hours after the start time of his/hertheir eight hour shift on the day of the week that corresponds with the employee’s alternating regular day off. Every employee is required to work a forty (40) hour workweek, unless otherwise provided by the City Manager.

A. Rest Periods
Employees shall be allowed but not required to take a rest period of fifteen (15) minutes during the first half of their shift and another rest period of fifteen (15) minutes during the second half of their shift.

Such rest periods shall be scheduled in accordance with the requirements of the Department, but ordinarily shall not be scheduled within one (1) hour of the beginning or

the ending of a work shift or lunch period. Rest periods may not be combined with meal periods to extend an employee’s meal period.

Rest periods shall be considered hours worked and employees may be required to perform duties, if necessary.

B. Meal Periods
Employees are required to take a meal period of up to one (1) hour per shift.

1. Meal periods are unpaid unless an employee is required by his/hertheir supervisor to work through his/hertheir meal period.

2. The amount of time for a meal period and the procedure for taking a meal period shall be determined by the department director or his/hertheir designee.

C. Job Sharing
Job sharing is where two employees work the equivalent of one full-time position with the regular work schedule for the position and receive pro-rata benefits. Requests for job sharing will be evaluated on a case-by-case basis subject to an agreement between the City and the Association. Upon the effective date of this 2023-2026 MOU, this provision will sunset (and this provision will no longer be applicable) when the one employee job sharing at the time of the adoption of this MOU is no longer job sharing.

ARTICLE 15: OVERTIME
A. Accurately Reporting Time Worked
Employees are required to accurately report all time worked on their time sheets.

Employees shall submit all timesheets by the deadline established by the Payroll Division of the Finance Department. If an employee worked time that was not captured in the initial time sheet, the employee shall report the change to their supervisor. Under no circumstances may an employee work any time in addition to his/hertheir regular work hours before or after work or on an unpaid meal break without first receiving approval in advance from his/hertheir supervisor. Thus, all overtime requires advanced approval. In addition, since no supervisor is permitted to require an employee to work overtime without it being reported on his/hertheir time sheet, if an employee works such time it will be recorded.

Unit members shall record hours worked in one-tenth (1/10) of an hour increments of time. This is illustrated by the following:
0-3 Minutes – No additional time should be recorded

4-9 Minutes = .1 of an hour
10-15 Minutes = .2 of an hour
16-21 Minutes = .3 of an hour
22-27 Minutes = .4 of an hour
28-33 Minutes = .5 of an hour
34-39 Minutes = .6 of an hour
40-45 Minutes = .7 of an hour
46-51 Minutes = .8 of an hour
52-57 Minutes = .9 of an hour
58-60 Minutes = 1.0 full hour
For example, if an employee whose work schedule is 7:30 a.m. to 5:30 p.m. works until 5:48 p.m. he/shethey would record 9.3 hours for the day.

The parties agree that if the City makes any timekeeping system upgrades during the term of this MOU, if there are any meet and confer/consult obligations (either impacts or any decisions which may require meet and confer) the Association and/or the City agree to promptly meet and confer/consult if requested by the other party.

B. Earning Overtime and Assigning Overtime Work
All employees in this unit will be eligible to earn overtime for hours worked in excess of forty (40) in his/hertheir workweek. Employees shall be paid overtime compensation at the rate of 1.5 times their regular rate of pay when required to work more than forty (40) hours in a workweek. All paid leave shall be regarded as hours worked for purposes of calculating overtime.

C. Compensatory Time Off
Employees working overtime shall receive either pay or compensatory time off (CTO) at the department headDepartment Head’s discretion (such that a Department Head may deny an employee to earn CTO at any time due to operational need). Employees can accumulate up to 40 hours of compensatory time. Since CTO is earned at 1.5 hours for each hour of overtime worked, 40 hours of CTO equates to 26.66 hours of overtime worked. Once an employee has 40 hours of accumulated CTO, he/shethey cannot accumulate any additional CTO until his/hertheir bank is below 40 hours and any overtime worked will be paid. Employees will be cashed out of any accumulated CTO at their then existing regular rate of pay when they leave employment with the City or are promoted/move into a bargaining unit which does not have CTO for employees in the unit (e.g., a promotion to the Management and Professional Association).

An employee wishing to use his/hertheir accumulated compensatory time must provide reasonable notice to his/hertheirsupervisor. If reasonable notice is provided, the request will only be denied if the request is unduly disruptive to the operations of the employee’s department. For purposes of this agreement, reasonable notice is defined as at least one

calendar week. If an employee wishes to use compensatory time without providing reasonable notice, the decision to grant or deny that request will be at the discretion of the employee’s supervisor.

D. Call Back
An employee who is called back to work while off duty shall receive a minimum of two hours of pay as long as the hours which are worked are not adjacent to the employee’s regular hours. For hours worked before the shift where the employee continues to work into their regular shift, this is not a call back. Rather, the employee will be paid for the actual hours worked. For hours worked after an employee’s regular shift ends, the minimum call back pay shall apply if the call back occurs fifteen (15) minutes or more after the employee’s shift has ended.

For example, if an employee normally works from 8:00 a.m. to 6:00 p.m. Monday through Thursday and 8:00 a.m. to 5:00 p.m. every other Friday, and the employee is called back to work at 7:00 p.m. on any evening, he/shethey will receive a minimum of two hours of pay. Alternatively, if an employee with the same schedule is called back to work at 7:00 a.m. on any day between Monday through Thursday or on his/hertheir working Friday, he/shethey would not receive call back pay, rather, would receive pay for the actual time worked.

CHAPTER 5 - LEAVES OF ABSENCE
ARTICLE 16: SICK LEAVE
Except as is otherwise provided, all employees shall accrue, use, and be compensated for sick leave as follows:

1. Accrual: Each employee shall accrue 96 hours of sick leave at the rate of approximately 3.69 hours for each complete biweekly period of employment. During years in which there are 27 pay dates, there will be no sick leave accrual on the 27th pay date. Payroll Ddivision records are the final authority for settling disputes regarding accrued and accumulated sick leave.

2. Eligibility for Use: With the exception of employees who change positions within the unit by promotion, transfer or for some other reason (or promote from another full-time unit), during the first six (6) months of employment, an employee may use up to three (3) days of sick leave. After six (6) months, an employee may use any sick leave he/she has accrued.

3. 3. Sick Leave Usage: Sick leave may be used by the employee when he/shethey areis ill or during a period illness by a child, step child, parent, step parent, spouse, or registered domestic partner. Up to half of the employee’s

annual accrual (48 hours) may also be used to care for a parent-in-law, grandchild, or grandparent or “designated person”. A “designated person” is a person identified by the employee at the time they request sick leave. An employee may designate one person per 12-month period.

Employees who run out of sick leave shall be permitted to use other accrued leave for sick leave purposes if approved by their supervisor.

4. Sick Leave Incentive: After completion of one year of service, employees who use twenty-eight (28) hours or less of sick leave each payroll year (defined as the year that ends at the end of the last full pay period in December where the pay day is also in December) may convert up to 28 hours of the accumulated unused sick leave to cash during the month of January of the following year. Days not paid for or taken may be used in the future, or paid at separation in accordance with the sick leave buy-back program as referenced in Article 13 of this MOU. Eligible sick leave for 2019 will be paid as provided in this paragraph (which will be paid in January 2020).

Effective for sick leave accrued in calendar year 2020 and every year thereafter, If an employee wants to cash out sick leave (because he/shethey havehas used twenty-eight (28) hours of sick leave or less), he/shethey must comply with the following: By December 15 (the first year being 2019) of each year, employees may make an irrevocable election to cash out up twenty-eight (28) hours of sick leave which will be earned in the following calendar year. If the irrevocable election is not made, the employee will not have any of his/hertheir sick leave cashed out in January of the year after it was accrued.

An employee changing classifications and moving into the Confidential bargaining unit before December 15 of the current year, will be able to make an irrevocable election to participate in the sick leave incentive cash out in the subsequent applicable cash out (provided they are eligible). As an example, an employee entering the Confidential bargaining unit on or before December 15, 2023 can make their irrevocable election to cash out sick leave and have the potential to receive their first cash out in January 2025, provided they meet the eligibility requirements in 2024.

Additionally, the employee’s irrevocable election will be followed regardless of the bargaining group the employee may be in at the time of the actual cash out.

As an example, if a Confidential bargaining unit member makes an irrevocable election on December 15, 2023, but changes to another bargaining group in 2024, their irrevocable election made as a Confidential bargaining unit member will be honored (based on eligibility) when cash out is made.

ARTICLE 17: VACATION
A. Authorization For Taking Vacation
With the exception of employees who change positions within the unit by promotion, transfer or for some other reason (or promotes from another full-time unit), no employee may take accrued vacation until the employee completes six months of service. All vacation use must be approved by the employee’s Appointing Authority. Employees may use accumulated vacation if approved by the their employee's department headDepartment Head or designeewho change positions within the unit by promotion, transfer or for some other reason are eligible to take vacation during their probationary period.

An employee entitled to vacation shall make written application in the manner and within the time directed by the Appointing AuthorityDepartment Head. Every Appointing AuthorityDepartment Head shall establish a vacation schedule for each calendar year based as far as possible upon applications and seniority (which for purposes of use of vacation refers to the employee’s overall cumulative full-time service within the City) of the employees concerned but subject to his/hertheir right to plan work under his/hertheir control and to allow vacations when employees can be spared. He/sheThey shall notify every employee as soon as possible whether his/hertheir application is approved, and if not, of the period which is substituted.

B. Vacation Accrual
Vacation accrual shall be calculated on the basis of hours. Vacation credit shall accrue biweekly to every member of the bargaining unit at the rates indicated below:

FIRST 4 YEARS AFTER 4 YEARS AFTER 14 YEARS
OF SERVICE THROUGH 14 YEARS OF SERVICE

OF SERVICE OF SERVICE

3.07 Hours 4.60 Hours 6.13 Hours
Bi-weekly Bi-weekly Bi-weekly
80 Hours/Yr 120 Hours/Yr 160 Hours/Yr
C. Maximum Accrual of Vacation
Employees with fourteen years of service or less may not accumulate more than 480 hours of vacation. Employees with 480 hours of vacation on the books will not continue to accrue vacation until their balance falls below 480 hours.

Employees with more than fourteen (14) years of service may not accumulate more than 520 hours of vacation at any time.

Employees who reach his/hertheir maximum vacation accumulation will stop accruing vacation until his/hertheir balance falls below his/hertheir maximum vacation accumulation.

Until December 31, 2019, an employee with 240 hours or more of accumulated vacation can request to receive a cash payment for up to 80 vacation hours earned but not taken during the payroll year (defined as the last pay period in December with a pay day also occurring in December). The payment will be made in January of 2020; at the same time the employee’s vacation accrual will be reduced by the number of hours requested to be paid.

Effective for calendar year 2020 and every year thereafter: By December 15 (the first year being 2019) of each year, employees may make an irrevocable election to cash out up to eighty (80) hours thatwhich will be earned in the following calendar year, provided that at the time of the cash out, the employee has minimum of 240 hours of accrued vacation leave.

The employee will be paid for the vacation hours (up to a maximum of eighty (80) hours) they irrevocably elected to cash out on the first pay day in January of the following calendar year (the first year being 2021).

If an employee makes an irrevocable election to cash out vacation in the following calendar year and uses vacation in that subsequent year, the vacation used will come from vacation the employee had earned prior to January 1 of the year the employee has elected to cash out vacation. This is to ensure that assuming an employee had a vacation balance prior to January 1, the vacation used will not result in a reduction in the amount of vacation the employee will be eligible to cash out.

In addition to the above, starting in calendar year 2024, an employee who has an “unforeseen emergency” (defined as an unanticipated emergency that is caused by an event beyond the control of the employee and that would result in severe financial hardship to the employee if early withdrawal were not permitted) shall be entitled to make a request to the Director of Human Resources for a payoff of accrued vacation leave. The amount of vacation leave which may be paid off is limited to the amount necessary to meet the emergency. The maximum payoff the employee can receive for an emergency is limited up to eighty (80) hours of their accrued vacation leave. These eighty (80) hours would be the same eighty (80) hours the employee elected to cash out, not an additional eighty (80) hours.

An employee moving into the Confidential bargaining group before December 15 of the current year, will be able to make an irrevocable election to participate in the vacation incentive cash out in the subsequent applicable cash out (provided they are eligible). As an example, an employee entering the Confidential unit on or before December 15, 2023 can make their irrevocable election to cash out vacation leave and have the potential to

receive their first cash out in December 2024, provided they meet the eligibility requirements in 2024.

The employee’s irrevocable election will be followed regardless of the bargaining group the employee may be in at the time of the actual cash out. As an example, if a member belongs to Confidential when the irrevocable election is made (December 15, 2023), but changes to another bargaining group in 2024, their irrevocable election made as a Confidential member will be honored (based on eligibility) when cash out is made.

D. Holidays During Vacations
When a holiday falls within an employee’s vacation, the day will count as a holiday, not vacation.

E. Limit On Payment
No employee shall be paid any more for his/hertheir vacation period than he/shethey would have received if he/shethey had worked.

ARTICLE 18: PAID TIME OFF
Each employee will be granted 27 hours of additional Paid Time Off (PTO) at the beginning of each calendar year.

Employees will accrue a pro-rata amount of PTO each pay period during the year. However, during the year, an employee may use PTO that he/shethey havehas already accrued or will accrue for the remainder of the year. If an employee leaves the City’s employ in the middle of the year, he/shethey will only be able to cash out the amount of PTO he/shethey havehas accrued up to the date of his/hertheir separation from City service. Employees will receive cash payment for the PTO hours not taken as time off during the payrollcalendar year. Payment will be made in January of the following year.

ARTICLE 19: HOLIDAYS
A. Accrual and Use of Holidays
All employees shall be entitled to the following paid holidays if they were in paid status for the entire day the work day before and the work day after the holiday, (i.e., either the employee worked or was absent or using paid leave for the entire day on such workdays):

New Year’s Day January 1
Martin Luther King Day 3rd Monday in January
Presidents’ Day 3rd Monday in February
Memorial Day Last Monday in May
Juneteenth June 19

Independence Day July 4
Labor Day 1st Monday in September
Veterans’ Day November 11
Thanksgiving Day 4th Thursday in November
Day after Thanksgiving Day after the 4th Thursday in November Christmas Day December 25

1. Every employee whose regular work schedule is a five (5) day per week or a 9/80 or 4/10 schedule, Monday through Friday, will observe holidays as follows:
a. If the holiday falls Monday through Friday, one work day off is granted with pay on the day on which the holiday falls. b. If the following holidays (January 1, June 19, July 4, November 11, and December 25) fall on a Saturday, the preceding Friday shall be considered the holiday; if the holiday falls on Sunday, the following Monday shall be considered the holiday. If any holiday falls on a day thatwhich is an off work day for employees working an alternate work schedule, the employee shall receive a floating holiday in lieu of the holiday. Floating holidays may be taken at each employee’s discretion, subject to approval of the Appointing AuthorityDepartment Head or designee. Generally, these floating holidays may be used after the holiday has occurred unless the employee requests to use the floating day contiguous to the actual holiday. Appointing Authorities or designees will not act unreasonably in granting requests to use floating holidays.

Employees may accrue up to five (5) floating holidays. If an employee has five (5) floating holidays on the books, he/shethey will not accrue a floating holiday per this paragraph unless he/shethey reduces the number of floating holidays by using floating holiday leave to reduce the number of floating holidays below five (5). Per Labor Code section 227.3, floating holiday hours cannot be cashed out if unused nor can these hours be cashed out upon movement to another bargaining group or at separation from City employment. If a Confidential bargaining unit member moves into another bargaining unit, they will retain their floating holiday balance in an amount not to exceed the terms outlined in this MOU.

B. Personal Holiday
All unit employees shall be entitled to two additional paid holidays each fiscal year.

Employees hired between July 1 and December 31 shall be entitled to two personal holidays for use that fiscal year. Employees hired between January 1 and March 31 shall

be credited with one personal holiday for use by June 30 of the same year. Employees hired between April 1 and June 30 will not be credited with any personal holidays until the following fiscal year.

The hours of personal holidays will be based on the number of hours the employee is scheduled to work based upon his/hertheir regular work schedule. At the beginning of each fiscal year, employees will be credited with additional personal holiday hours sufficient to bring the employee up to the cap of two personal holidays (maximum of 18 hours for employees working a 9/80 work schedule and 20 hours for employees working a 4/10 work schedule, and 16 hours for employees working a 5/40 schedule).

Department headDepartment Heads or designees will not act unreasonably in granting requests to use personal holidays. Employees are encouraged to use personal holidays during the year they are earned. Employees may not have more than two personal holidays on the books at any time. If at the end of a fiscal year, an employee still has personal holidays on the books, for the following fiscal year, the employee will receive only that amount of personal holidays that will bring the balance to two personal holidays, in accordance with California Labor Code Section 227.3.

Personal holidays cannot be cashed out at the end of the year, when moving out of the bargaining unit or upon separation from City employment.

If an employee moves into another bargaining unit that has personal holiday, they will retain their personal holiday balance and continue to accrue any additional hours per the terms of the respective MOU.

C. Potential Work on a Holiday
Because of operational need, employees may be required to work on an observed City holiday. An employee who is required to work on an observed City holiday by his/hertheir supervisor will be paid his/hertheir holiday pay for the day. In addition, the employee will receive straight time pay for any hours he/shethey works on the holiday.

ARTICLE 20: BEREAVEMENT LEAVE
Bereavement leave is an absence occasioned by the death of a family member, herein defined as a spouse, parent, grandchild, brother, sister, child, step-child, grandparent, in-law, or registered domestic partner of the employee.

Up to a maximum of forty (40) hours of bereavement leave, per calendar year, (regardless of the number of family member deaths) may be used in the event of the death of a family member. In the event an employee needs additional time off for this purpose, he/shethey may use up to 40 hours of sick leave per calendar year.

Requests for bereavement leave shall be made in writing, when feasible and shall be approved by the department headDepartment Head or designee and the Director of Human Resources or designee.

In addition to the above (which allows an employee up to 40 hours of paid bereavement leave as well as the ability to use an additional 40 hours of sick leave for bereavement) there is a right to use additional bereavement leave under the law.

For employees who have been with the City for at least thirty (30) days) who have exhausted both their paid bereavement leave and the five additional days of sick leave which can be used for bereavement, they may use up to five (5) days of bereavement leave for each death of a family member as defined above. This leave under the law must be used within three (3) months from the date of death. Although this is not City-paid leave, employees may use any accrued and available leave that is otherwise available to the employee for this purpose.

ARTICLE 21: INDUSTRIAL DISABILITY LEAVE
All terms contained in this section and the determination thereof shall be as defined by the provisions of Division 4 of the California Labor Code, Sections 3201 et. seq.

In the event of an accepted work-related injury claim, the City shall pay the gross salary, less legally required deductions, to the injured employee for a period not to exceed ten (10) working days. Employees covered under this program shall not receive a monetary amount greater than they would receive if they had been working under normal conditions.

Should an injured employee’s period of absence exceed ten (10) working days, payment under this program will cease. An employee eligible to receive temporary disability indemnity may then utilize accumulated sick and vacation which when added to his/hertheir temporary disability indemnity payments will add up to full salary, An employee who elects not to utilize accrued leave while receiving temporary disability indemnity payments must notify the Human Resources Office.

An employee seeking these benefits may be required to be examined by cityCity authorized physicians at the discretion of the Human Resources DirectorDirector of Human Resources and Risk Management Division of Administrative Servicesthe Human Resources Department for the purpose of determining eligibility for this program.

ARTICLE 22: WITNESS AND JURY DUTY LEAVE
A. Jury Duty

1. An employee who is called for jury duty shall be compensated (as though he or shethey werewas working) for those hours of absence due to the jury duty that occurs during the employee’s regularly scheduled working hours.

Employees are required to provide documentation to Human Resources

that they are on jury duty and once completed, documentation from the court that they have completed their jury duty service. This documentation is necessary for employees to receive pay for jury duty.

2. If a unit member is required to be absent from work to report for jury duty, the employee will notify his/hertheir supervisor of the absence as soon as possible, including, a phone message the night before if the employee finds out via a phone recording that he/shethey must report the next day.

3. An employee on jury duty must either return to work after the jury service is done for the day if there are still four hours or more left on his/hertheir shift or call in to his/hertheir supervisor and ask to use leave to cover the rest of his/hertheir shift.

4. An employee who is called to jury duty on a non-working day will not receive compensation or be authorized to change their schedule as a result of being called to jury duty.

B. Witness Leave
Any employee who is required to serve as a witness pursuant to a lawful subpoena in any judicial or quasi-judicial proceeding, in a manner other than one to which (except if the employee is a party to the proceeding and it is unrelated to their current or past public employment), or who is required to serve as a juror, shall be allowed time off without loss of pay (with no need to use accrued leaves) to serve as a witnessperform such duties.

If the employee is a witness in a matter pursuant to a lawful subpoena in any judicial or quasi-judicial proceeding to which they are a party that is unrelated to their current or past public employment, they are entitled to take time off to serve as a witness per the law. While the City will not provide paid time off to serve as a witness, the employee may use vacation, compensatory time off or paid time off hours for the time off to serve as a witness.

In addition, per California Labor Code § 230(b) an employee shall be allowed time off but with loss of pay, if the employee is a party to the matter for reasons other than actions within the scope of the employee’s current or past public employment. This section is not applicable to those employees participating in judicial or quasi-judicial proceedings that are within the scope of their employment.

ARTICLE 23: LEAVE WITHOUT PAY
Requests for leaves of absence without pay must be submitted to each employee’s supervisor and approved by the employee’s Appointing AuthorityDepartment Head or designee and shall be used only if all appropriate accrued leaves (e.g., sick leave may not be exhausted if the leave is not for a medical purpose) have been exhausted. Employees on leave of absence without pay

shall not accrue vacation, leave rights, nor shall the City pay for any benefits, except as required by law. Decisions whether to grant such a leave will be made based on operational needs of the Department.

CHAPTER 6 - EMPLOYER-EMPLOYEE RELATIONS
ARTICLE 24: GRIEVANCE PROCEDURE
The City and Association recognize that disputes related to this MOU will occur from time to time.

It is both parties’ intent and desire that any such disputes be resolved quickly and amicably.

However, the parties recognize that occasionally disputes will need to be resolved by a neutral.

It is for that reason that the parties agree to the following provisions of their grievance procedure.

A. Definition of a Grievance
An allegation by an employee or the Association that there has been a violation, misinterpretation, or misapplication of the terms of this MOU or any past practice.

B. Timeliness of a Grievance
All grievances must be filed within 30 calendar days of the occurrence giving rise to the grievance or the time within which the grievant (either the employee or Association) knew or should have known of the occurrence.

C. Grievance Procedure
The parties acknowledge that a grievance procedure is beneficial to resolve MOU disputes. The grievance procedure consists of the following steps:

1. Step 1 - Communication with the Human Resources Department:

Whenever an employee or Association believes that there has been a violation, misinterpretation, or misapplication of the terms of this MOU, the employee or Association shall inform the Human Resources DirectorDirector of Human Resources in writing of the alleged violation, misinterpretation, or misapplication. The Human Resources DirectorDirector of Human Resources shall either promptly schedule a meeting with the designated employee or the Association representative to discuss the grievance or may respond in writing within thirty (30) calendar days. If a meeting is scheduled, the Human Resources DirectorDirector of Human Resources shall present his/hertheir determination in writing within thirty (30) calendar days of the meeting.

The response will be sent by e-mail to the designated employee or Association representative.

If the grievance is brought by an employee in Human Resources, the City Manager or designee will substitute in the role of the Director of Human Resources.

Following receipt of the response at Step 1 of the grievance procedure, the Association may request that the City agree to submit the grievance to mediation. If the City agrees, then a mediator will be requested by either party from the State Mediation and Conciliation Service. Following completion of the mediation, if the grievance is not resolved, the Association shall have ten (10) calendar days to submit the grievance to Step 2 as described below.

1.2. Step 2 – Advisory Arbitration: If the employee or Association is not satisfied with the results of Step 1 (or the Human Resources DirectorDirector of Human Resources does not respond within the time limits for a response), the employee or Association may move the grievance to advisory arbitration. To do so, the employee or Association must present, in writing, to the Human Resources DirectorDirector of Human Resources a document setting forth the alleged violation, misinterpretation, or misapplication of the terms of this MOU and requesting that the grievance be submitted to advisory arbitration. This document must be presented within ten (10) calendar days of the date the Step 1 response was e-mailed to the employee or Association representative or within ten (10) calendar days from the last date the response was due if no response is given.

2.3. Once received, the Human Resources DirectorDirector of Human Resourcesshall, within thirty (30) days,send a letter to the grievant (either the employee or Association) advising the grievant as to who the City’s representative will be. The grievant shall then contact the City’s representative for the purpose of determining whether the parties can agree on an arbitrator to hear the grievance. If the parties can agree, the representative for the City shall contact the agreed upon arbitrator to determine his/hertheir availability for the hearing. If the parties cannot reach agreement on an arbitrator, the Human Resources DirectorDirector of Human Resources or designee will send a letter to the State Mediation and Conciliation Service requesting a list of seven (7) arbitrators. Once the list is received, the representatives of the parties shall strike names until an arbitrator is chosen. The parties shall toss a coin to determine who shall strike the first name. Once the arbitrator is chosen, the parties will contact the arbitrator to schedule a hearing.

3.4. During the hearing, the formal rules of evidence do not apply. The cost of the arbitrator, and a court reporter (if the parties agree on the use of a court reporter) shall be equally split between the City and the grievant. If the employee is pursuing a grievance without the support of the

Association, the employee shall be responsible for one-half of the costs of the arbitration.

4.5. Once the arbitrator issues his/hertheir advisory recommendation, it will be submitted to the City Manager.

5.6. The arbitrator shall provide copies of his/hertheir recommendation to both parties’ representatives. Within ten (10) calendar days from the receipt of the arbitrator’s advisory recommendation, the Association (or the employee, if proceeding on his/hertheir own) and the applicable department headDepartment Head may submit to the City Manager a brief statement, not exceeding three (3) double-spaced pages, stating whether they believe the arbitrator's advisory recommendation is correct or not and why.

6.7. Within thirty-five (35) calendar days of receipt of the arbitrator's advisory recommendation, the City Manager shall issue a written decision and send such decision to the Human Resources Department. The City Manager may accept, reject, or modify the arbitrator's advisory recommendation or any part thereof. The City Manager's decision shall be final and binding.

In reaching his/hertheir decision, the City Manager shall review the arbitrator's advisory recommendation, the brief statements (if any) submitted by the parties to the City Manager, and the evidence, both documentary and testimonial, and arguments presented to the arbitrator.

The Human Resources Department shall provide copies of the City Manager’s decision to the grievant and the applicable department headDepartment Head within the same thirty-five (35) calendar days. If the City Manager fails to accept, reject, or modify the arbitrator’s opinion and award within thirty-five (35) calendar days of receipt by the City Manager, it shall be considered accepted.

ARTICLE 25: DISCIPLINE
Although probationary employees may be rejected from probation for any lawful reason, once an employee passes his/hertheir probationary period, he/shethey shall only be subjected to discipline (defined as termination, demotion, suspension, and reduction in pay) if the City can support its position by a preponderance of the evidence. Written reprimands, counseling memos, and written warnings are not subject to this process. Although employees may be subject to such action, there is no right of appeal from such action. However, an employee may submit written comments thereon, which shall be attached to the counseling (or other such document) in the employee’s personnel file. The City acknowledges that discipline is intended to be corrective and not punitive in nature and will follow progressive discipline in order to address any misconduct.

A. Pre-Action Due Process

Prior to being subject to any discipline that results in the loss of pay an employee will first be served with a Nnotice of Iintent to Ddiscipline by their manager or department headDepartment Head. This document will set forth the grounds for discipline, the facts supporting the grounds and all evidence the City has relied upon in proposing the discipline. The notice of intent to disciplineNotice of Intent to Discipline will also advise the employee of any prior discipline, which the City representative issuing the notice believes, is relevant to the current discipline. In addition, the Nnotice of Iintent will advise the employee of his/hertheir right to respond to the proposed discipline either in writing or orally at a meeting. If the employee does not respond within the time limits, the discipline will be imposed.

If the employee chooses to respond in writing, he/shethey must ensure his/hertheir response is received by the representative who issued the Nnotice of Iintent to Ddiscipline within seven (7) calendar days of receiving the Nnotice of Iintent to Ddiscipline. If the employee wishes to respond orally, he/shethey must call or write the City representative who issued the Nnotice of Iintent to Ddiscipline within seven (7) calendar days of receiving the Nnotice of Iintent to Ddiscipline informing the representative that he/shethey wishes to have an oral response. The City representative will advise the employee when the meeting (known as a Skelly meeting) will take place, which shall occur in a reasonable time.

At the Skelly meeting (assuming the employee wants to respond orally), the employee has the right to be represented. The Skelly meeting is not a hearing. It is an opportunity for the employee and/or his/hertheir representative to respond to the Nnotice of Iintent to Ddiscipline. The employee may be represented at the Skelly meeting by one on-duty Association representative as well as by an attorney or professional representative if he/shethey chooses. Under no circumstances may the employee be represented by more than one Association member at the Skelly meeting.

The City representative who will hear the response may or may not be the person who issued the Nnotice of Iintent to Ddiscipline. The decision will either be to impose the proposed discipline, impose no discipline or to impose a lesser discipline. The City representative hearing the response does not have authority to impose discipline that is greater than that which was proposed.

If the discipline is imposed or if it is reduced but there is still discipline imposed which is covered by this procedure, the City representative shall issue a Notice of Discipline. Like the Nnotice of Iintent, the Notice of Discipline shall set forth the grounds, facts, and evidence supporting the discipline as well as any prior discipline relied upon by the City representative in imposing the discipline. The Notice of Discipline will also set forth the employee’s appeal rights advising the employee that if he/shethey wishes to appeal the discipline, he/shethey must do so in writing by serving a Notice of Appeal to the Human Resources DirectorDirector of Human Resources within seven (7) calendar days.

The Notice of Discipline will set forth the effective date of the discipline.

B. Disciplinary Appeals
If an employee desires to appeal a disciplinary action, he/shethey (or the representative) shall submit a written Nnotice of Aappeal. A representative of the City shall contact either the employee or his/hertheir identified representative within ten (10) calendar days of receipt of the Notice of Appeal for the purpose of determining whether the parties can agree on an arbitrator to hear the appeal. If the parties can agree, the representative for the City shall contact the agreed upon arbitrator to determine his/hertheir availability for the hearing. If the parties cannot reach agreement on an arbitrator, the Human Resources DirectorDirector of Human Resources or designee will send a letter to the State Mediation and Conciliation Service requesting a list of seven (7) arbitrators. Once the list is received, the representatives of the parties shall strike names until an arbitrator is chosen. The parties shall toss a coin to determine who shall strike the first name. Once the arbitrator is chosen, the parties will contact the arbitrator to schedule a hearing.

During the hearing, the formal rules of evidence do not apply. The cost of the list of arbitrators, the arbitrator him/herselfthemselves, and the court reporter shall be equally split between the City and the Association unless the Association is not financially supporting the appeal by providing representation for the employee. In that case, the City will pay for the arbitration costs. Once the arbitrator issues his /hertheir advisory recommendation, he/shethey will submit it to the City Manager as well as both parties’ representatives.

Within ten (10) calendar days from the receipt of the arbitrator’s advisory recommendation, both parties’ representatives may submit to the City Manager a brief statement, not exceeding three (3) double-spaced pages, stating whether they believe the arbitrator's advisory recommendation is correct or not and why.

Within thirty-five (35) calendar days of receipt of the arbitrator's advisory recommendation, the City Manager shall issue and send his/hertheir final written decision to the parties.

The City Manager may accept, reject, or modify the arbitrator's advisory recommendation or any part thereof. In no case, however, may the City Manager increase the penalty above that imposed by the department headDepartment Head. The City Manager's decision shall be final and binding. In reaching his/hertheir decision, the City Manager shall review the arbitrator's advisory recommendation, the brief statement (if any) submitted by the parties to the City Manager, and the evidence, both documentary and testimonial, from the arbitration including any arguments presented to the arbitrator.

The employee has the right to appeal the City Manager’s decision in accordance with California Code of Civil Procedure section 1094.6, which provides a 90-day statute of limitations.

ARTICLE 26: ASSOCIATION RELATED BUSINESS
A. Association Representatives
The Association has previously submitted a current list of Association representatives (Board Members and alternates) to the Human Resources DirectorDirector of Human Resources (“Director’). Any changes to this list shall be submitted to the Director or designee within ten (10) working days following such changes.

B. Association Time-Off
The City shall allow three Association employee representatives reasonable time off without loss of compensation or other benefits while formally meeting and conferring with representatives of the City on matters within the scope of representation or as may be required by the Grievance Procedure or to represent an employee in a disciplinary matter.

C. Use of City Facilities
Representatives of the Association may use City facilities for general membership meetings with the City as long as approval and prior clearance from the Director Department Head or designee are obtained. The Association may hold meetings during the noon hour in facilities that are available, subject to approval by the Director Department Head or designee.

D. Association Business and Training
The Association shall have a bank of 150 hours per contract year for use in conducting Association business. These hours cannot be carried over into the next contract year (i.e., October 1 to September 30). The President of the Association President may be asked to provide a record of the time used by the Department Head Director at any time and shall produce such record in a reasonable period of time. Association representatives utilizing this time shall notify their supervisors and shall endeavor to provide as much advance notice as possible. Employees must track their use of the one hundred and fifty (150) hours in the City’s timekeeping system by using appropriate payroll codes so that the City’s payroll staff can keep accurate, ongoing records of the amount of leave used for the year at any time.

E. Dues Deduction
The City will deduct dues once each pay period in an amount certified to be current and correct by the Association President of the Association from the pay of those employees who individually provide written authorization for dues to the Association. The City shall remit the deductions on a bi-weekly basis, when feasible. The total of all such deductions shall be remitted by the City to the Association. This authorization shall remain in full

force and effect until and so long as the Association remains a formally recognized employee organization in the City. It is the responsibility of the Association to advise the City of new employees who authorize dues deductions. Such deductions will be made on a prospective basis. The City shall rely on a certification from the Association for the authorization, modification, or cancellation of any/all dues deductions. The City shall direct employee requests to cancel or change dues deductions to the Association.

F. Demographic Reports
In accordance with Government Code §3555 3559, the City shall provide to Association Representatives the name, hire date, job title, department, work location, work, home, and personal cellular telephone numbers, personal email addresses on file with the City, 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 to Association Representatives with a list of that information for all employees in the bargaining unit at least every 120 days. The City shall provide the information identified herein regardless of whether the newly hired employee was previously employed by the City.

G. New Employee Orientation
The City shall provide written notice to an identified Association Representative when a new employee is hired or promoted into the bargaining unit and provide up to 30 minutes of paid release time for an Association Representative to meet with the new employee for the purpose of discussing membership in the Association. This new employee orientation should take place as promptly as possible on or after the first day of employment. An Association Representative will notify the City when a new employee has signed a membership card authorizing membership dues deduction and when such deductions shall begin.

ARTICLE 27: SAVINGS CLAUSE
If any benefit or provision of this MOU is deemed by a court of competent jurisdiction to be illegal or otherwise unenforceable, the remaining benefits or provisions of the MOU shall remain in full force and effect. In the event of such invalidation the City and Association shall meet and confer in good faith concerning the invalidation of the provision, including whether a replacement benefit or provision is appropriate.

ARTICLE 28: MANAGEMENT RIGHTS
Except as limited by the specific and express terms of this MOU, the City hereby retains and reserves unto itself all rights, powers, authority, duty, and responsibilities confirmed on and vested in it by the law and the Constitution of the State of California and/or United States of America.

The management and the direction of the work force of the City is vested exclusively in the City, and nothing in this MOU is intended to circumscribe or modify the existing rights of the City including but not limited to the direction of the work of its employees. This includes the right to determine the methods, means, and the number and kinds of personnel by which services are to be provided; to implement rules, regulations, and directives consistent with law and the specific provisions of this MOU; and to determine whether goods or services shall be made or provided by the City or shall be purchased or contracted for; and to contract out bargaining unit work.

The City also has the following rights: to hire, promote, demote, transfer, assign, schedule, and retain employees in positions within the City;, subject to the rules and regulations of the City; to reprimand, suspend, reduce in pay, withhold salary increases, or discharge employees for just and proper cause; to maintain and improve the efficiency of governmental operations; to relieve employees from duties because of lack of work or funds; to take action as may be necessary to carry out the City's mission and services in emergencies; to determine the methods, means, and appropriate job classifications (including content); to direct employees, including scheduling and assigning of work and work hours; to determine the organizational structure and personnel by which the operations are to be carried out; to establish reasonable performance standards for personnel, including but not limited to qualifications and quantity standards; and to establish employee performance standards and to require compliance therewith. In addition to the foregoing, the parties agree that the City may demand to meet and confer over the subject of furloughs.

ARTICLE 29: NON-DISCRIMINATION
The parties mutually reaffirm their respective policies of non-discrimination in the treatment of any employee because of race, religion, sexual orientation, medical condition, gender, gender identity, gender expression, color, sex, age, disability, national origin, ancestry, or any other protected classification recognized by the law.

ARTICLE 30: TUITION EDUCATION REIMBURSEMENT
Employees in the unit shall be eligible for tuition reimbursement in accordance with the requirements of Administrative Regulation, Number 3A.2.

FOR THE BEVERLY HILLS CONFIDENTIAL EMPLOYEES ASSOCIATION ___________________________ __________________________
Karen Myron Date
___________________________ __________________________

Ilene Knebel Date

FOR THE CITY OF BEVERLY HILLS
___________________________ __________________________
Shelley Ovrom Date
___________________________ __________________________
Kirsten Rowe Date
___________________________ __________________________
Michael Nettles Tatiana Szerwinski Date
___________________________ __________________________
Peter Brown Date

EXHIBIT “A”

LIST OF CLASSIFICATIONS REPRESENTED BY THE CONFIDENTIAL EMPLOYEES ASSOCIATION • Administrative Assistant
• City Clerk Assistant
• City Clerk Specialist
• Community Development Commission Specialist
• Executive Assistant
• Executive Assistant I
• Executive Assistant to the City Council
• Human Resources Assistant
• Human Resources Associate I
• Human Resources Associate II
• Human Resources Associate III
• Human Resources Specialist
• Management Assistant
• Office Assistant I
• Office Assistant II
• Risk Management Coordinator
• Staff Assistant

EXHIBIT “B”

CONFIDENTIAL EMPLOYEES ASSOCIATION SALARY SCHEDULE
Effective October 1, 2019
PAC # Classification
Salary
Schedule
Salary
Range
6133 Administrative Assistant C-50 $ 5,008 - $ 6,180
6101 City Clerk Assistant C-55 $ 5,258 - $ 6,490
6100 City Clerk Specialist C-78 $ 6,597 - $ 8,173
6118 Community Development Commission Specialist C-70 $ 6,093 - $ 7,548 6120 Executive Assistant C-65 $ 5,798 - $ 7,158
6130 Executive Assistant I C-48 $ 4,911 - $ 6,060
6122 Executive Assistant to City Council C-70 $ 6,093 - $ 7,548 6135 Human Resources Assistant C-50 $ 5,008 - $ 6,180
6077 Human Resources Associate I C-59 $ 5,468 - $ 6,749 6075 Human Resources Associate II C-66 $ 5,855 - $ 7,229 Human Resources Associate III C-75 $ 6,403 - $ 7,933
Human Resources Specialist C-75 $ 6,403 - $ 7,933
6125 Management Assistant C-55 $ 5,258 - $ 6,490
6143 Office Assistant I C-30 $ 4,122 - $ 5,083
6140 Office Assistant II C-40 $ 4,543 - $ 5,604
Risk Management Coordinator C-75 $ 6,403 - $ 7,933
6152 Staff Assistant C-63 $ 5,686 - $ 7,019

CONFIDENTIAL EMPLOYEES ASSOCIATION SALARY SCHEDULE
Effective October 1, 2020
PAC # Classification
Salary
Schedule
Salary
Range
6133 Administrative Assistant C-50 $ 5,108 - $ 6,303
6101 City Clerk Assistant C-55 $ 5,363 - $ 6,620
6100 City Clerk Specialist C-78 $ 6,729 - $ 8,336
6118 Community Development Commission Specialist C-70 $ 6,214 - $ 7,699 6120 Executive Assistant C-65 $ 5,914 - $ 7,302
6130 Executive Assistant I C-48 $ 5,009 - $ 6,181
6122 Executive Assistant to City Council C-70 $ 6,214 - $ 7,699 6135 Human Resources Assistant C-50 $ 5,108 - $ 6,303
6077 Human Resources Associate I C-59 $ 5,577 - $ 6,884 6075 Human Resources Associate II C-66 $5,972 - $ 7,374 Human Resources Associate III C-75 $ 6,531 - $ 8,091
Human Resources Specialist C-75 $ 6,531 - $ 8,091
6125 Management Assistant C-55 $ 5,363 - $ 6,620
6143 Office Assistant I C-30 $ 4,205 - $ 5,185
6140 Office Assistant II C-40 $ 4,679 - $ 5,772
Risk Management Coordinator C-75 $ 6,531 - $ 8,091
6152 Staff Assistant C-63 $ 5,799 - $ 7,160

CONFIDENTIAL EMPLOYEES ASSOCIATION SALARY SCHEDULE
Effective October 1, 2021
PAC # Classification
Salary
Schedule
Salary
Range
6133 Administrative Assistant C-50 $ 5,210 - $ 6,430
6101 City Clerk Assistant C-55 $ 5,471 - $ 6,752
6100 City Clerk Specialist C-78 $ 6,864 - $ 8,503
6118 Community Development Commission Specialist C-70 $ 6,339 - $ 7,853 6120 Executive Assistant C-65 $ 6,032 - $ 7,448
6130 Executive Assistant I C-48 $ 5,110 - $ 6,305
6122 Executive Assistant to City Council C-70 $ 6,339 - $ 7,853 6135 Human Resources Assistant C-50 $ 5,210 - $ 6,430
6077 Human Resources Associate I C-59 $ 5,689 - $ 7,022 6075 Human Resources Associate II C-66 $ 6,091 - $ 7,521 Human Resources Associate III C-75 $ 6,662 - $ 8,253
Human Resources Specialist C-75 $ 6,662 - $ 8,253
6125 Management Assistant C-55 $ 5,471 - $ 6,752
6143 Office Assistant I C-30 $ 4,289 - $ 5,288
6140 Office Assistant II C-40 $ 4,727 - $ 5,830
Risk Management Coordinator C-75 $ 6,662 - $ 8,253
6152 Staff Assistant C-63 $ 5,915 - $ 7,303

CONFIDENTIAL EMPLOYEES ASSOCIATION SALARY SCHEDULE
Effective October 1, 2022
PAC # Classification
Salary
Schedule
Salary
Range
6133 Administrative Assistant C-50 $ 5,314 - $ 6,558
6101 City Clerk Assistant C-55 $ 5,580 - $ 6,887
6100 City Clerk Specialist C-78 $ 7,001 - $ 8,673
6118 Community Development Commission Specialist C-70 $ 6,465 - $ 8,010 6120 Executive Assistant C-65 $ 6,153 - $ 7,597
6130 Executive Assistant I C-48 $ 5,212 - $ 6,431
6122 Executive Assistant to City Council C-70 $ 6,465 - $ 8,010 6135 Human Resources Assistant C-50 $ 5,314 - $ 6,558
6077 Human Resources Associate I C-59 $ 5,802 - $ 7,162 6075 Human Resources Associate II C-66 $ 6,213 - $ 7,671 Human Resources Associate III C-75 $ 6,795 - $ 8,418
Human Resources Specialist C-75 $ 6,795 - $ 8,418
6125 Management Assistant C-55 $ 5,580 - $ 6,887
6143 Office Assistant I C-30 $ 4,375 - $ 5,394
6140 Office Assistant II C-40 $ 4,821 - $ 5,947
Risk Management Coordinator C-75 $ 6,795 - $ 8,148
6152 Staff Assistant C-63 $ 6,034 - $ 7,449

CONFIDENTIAL ASSOCIATION SALARY SCHEDULE
Effective 10/07/2023
Class
Code
Classification Title Salary
Grade
Step 1 Step 2 Step 3 Step 4 Step 5
6133 Administrative Assistant 700-C-50 $5,553.63 $5,852.95 $6,168.61 $6,501.84 $6,853.22 6101 City Clerk Assistant 700-C-55 $5,831.17 $6,145.77 $6,477.62 $6,827.75 $7,197.11 6100 City Clerk Specialist 700-C-78 $7,316.26 $7,718.65 $8,143.18 $8,591.05 $9,063.57 6118 Community Development
Commission Specialist
700-C-70 $6,756.43 $7,128.02 $7,520.07 $7,933.69 $8,370.04 6132 Executive Assistant 700-C-65 $6,429.61 $6,777.05 $7,143.60 $7,530.41 $7,938.38 6122 Executive Assistant to the City
Council
700-C-70 $6,756.43 $7,128.02 $7,520.07 $7,933.69 $8,370.04 6078 Human Resources Assistant 700-C-50 $5,553.63 $5,852.95 $6,168.61 $6,501.84 $6,853.22 6077 Human Resources Associate I 700-C-59 $6,063.48 $6,390.79 $6,736.08 $7,100.46 $7,484.80 6075 Human Resources Associate II 700-C-66 $6,492.80 $6,843.77 $7,213.91 $7,604.55 $8,016.65 Human Resources Associate III 700-C-75 $7,101.09 $7,491.65 $7,903.71 $8,338.40 $8,797.00 Human Resources Specialist 700-C-75 $7,101.09 $7,491.65 $7,903.71 $8,338.40 $8,797.00 6116 Management Assistant 700-C-55 $5,831.17 $6,145.77 $6,477.62 $6,827.75 $7,197.11 6143 Office Assistant I 700-C-30 $4,571.66 $4,816.92 $5,075.65 $5,348.65 $5,636.73 6140 Office Assistant II 700-C-40 $5,038.11 $5,309.00 $5,594.95 $5,896.47 $6,214.64 Risk Management
Coordinator
700-C-75 $7,101.09 $7,491.65 $7,903.71 $8,338.40 $8,797.00 6152 Staff Assistant 700-C-63 $6,305.11 $6,645.71 $7,005.04 $7,384.22 $7,784.19

CONFIDENTIAL ASSOCIATION SALARY SCHEDULE
Effective 9/21/2024
Class
Code
Classification Title Salary
Grade
Step 1 Step 2 Step 3 Step 4 Step 5
6133 Administrative Assistant 700-C-50 $5,803.55 $6,116.33 $6,446.20 $6,794.42 $7,161.62 6101 City Clerk Assistant 700-C-55 $6,093.57 $6,422.33 $6,769.11 $7,135.00 $7,520.98 6100 City Clerk Specialist 700-C-78 $7,645.49 $8,065.99 $8,509.62 $8,977.65 $9,471.43 6118 Community Development
Commission Specialist
700-C-70 $7,060.47 $7,448.78 $7,858.47 $8,290.70 $8,746.70 6132 Executive Assistant 700-C-65 $6,718.94 $7,082.02 $7,465.06 $7,869.28 $8,295.60 6122 Executive Assistant to the City
Council
700-C-70 $7,060.47 $7,448.78 $7,858.47 $8,290.70 $8,746.70 6078 Human Resources Assistant 700-C-50 $5,803.55 $6,116.33 $6,446.20 $6,794.42 $7,161.62 6077 Human Resources Associate I 700-C-59 $6,336.33 $6,678.38 $7,039.20 $7,419.98 $7,821.61 6075 Human Resources Associate II 700-C-66 $6,784.98 $7,151.74 $7,538.53 $7,946.75 $8,377.40 Human Resources Associate III 700-C-75 $7,420.64 $7,828.77 $8,259.37 $8,713.62 $9,192.86 Human Resources Specialist 700-C-75 $7,420.64 $7,828.77 $8,259.37 $8,713.62 $9,192.86 6116 Management Assistant 700-C-55 $6,093.57 $6,422.33 $6,769.11 $7,135.00 $7,520.98 6143 Office Assistant I 700-C-30 $4,777.39 $5,033.68 $5,304.05 $5,589.34 $5,890.38 6140 Office Assistant II 700-C-40 $5,264.83 $5,547.91 $5,846.72 $6,161.81 $6,494.30 Risk Management Coordinator 700-C-75 $7,420.64 $7,828.77 $8,259.37 $8,713.62 $9,192.86 6152 Staff Assistant 700-C-63 $6,588.84 $6,944.77 $7,320.27 $7,716.51 $8,134.48

CONFIDENTIAL ASSOCIATION SALARY SCHEDULE
Effective 9/20/2025
Class
Code
Classification Title Salary
Grade
Step 1 Step 2 Step 3 Step 4 Step 5
6133 Administrative Assistant 700-C-50 $6,064.71 $6,391.56 $6,736.28 $7,100.17 $7,483.89 6101 City Clerk Assistant 700-C-55 $6,367.78 $6,711.33 $7,073.72 $7,456.07 $7,859.42 6100 City Clerk Specialist 700-C-78 $7,989.53 $8,428.96 $8,892.55 $9,381.64 $9,897.64 6118 Community Development
Commission Specialist
700-C-70 $7,378.19 $7,783.98 $8,212.10 $8,663.78 $9,140.30 6132 Executive Assistant 700-C-65 $7,021.29 $7,400.71 $7,800.99 $8,223.40 $8,668.91 6122 Executive Assistant to the City
Council
700-C-70 $7,378.19 $7,783.98 $8,212.10 $8,663.78 $9,140.30 6078 Human Resources Assistant 700-C-50 $6,064.71 $6,391.56 $6,736.28 $7,100.17 $7,483.89 6077 Human Resources Associate I 700-C-59 $6,621.47 $6,978.90 $7,355.97 $7,753.88 $8,173.59 6075 Human Resources Associate II 700-C-66 $7,090.30 $7,473.57 $7,877.77 $8,304.36 $8,754.39 Human Resources Associate III 700-C-75 $7,754.56 $8,181.07 $8,631.04 $9,105.74 $9,606.54 Human Resources Specialist 700-C-75 $7,754.56 $8,181.07 $8,631.04 $9,105.74 $9,606.54 6116 Management Assistant 700-C-55 $6,367.78 $6,711.33 $7,073.72 $7,456.07 $7,859.42 6143 Office Assistant I 700-C-30 $4,992.37 $5,260.20 $5,542.73 $5,840.86 $6,155.45 6140 Office Assistant II 700-C-40 $5,501.74 $5,797.56 $6,109.82 $6,439.10 $6,786.54 Risk Management Coordinator 700-C-75 $7,754.56 $8,181.07 $8,631.04 $9,105.74 $9,606.54 6152 Staff Assistant 700-C-63 $6,885.34 $7,257.29 $7,649.68 $8,063.75 $8,500.53 Attachment 6

MEMORANDUM OF UNDERSTANDING

BETWEEN

THE CITY OF BEVERLY HILLS
AND

THE BEVERLY HILLS

CONFIDENTIAL EMPLOYEES ASSOCIATION
OCTOBER 7, 2023 – OCTOBER 2, 2026
i

TABLE OF CONTENTS
CHAPTER 1 - INTRODUCTION ......................................................................................1 ARTICLE 1: INTEGRATION....................................................................................... 1 ARTICLE 2: RECOGNITION CLAUSE......................................................................... 1 ARTICLE 3: TERM.................................................................................................... 1 CHAPTER 2 - COMPENSATION .....................................................................................1 ARTICLE 4: SALARY ................................................................................................. 1 ARTICLE 5: OVERPAYMENT .................................................................................... 2 ARTICLE 6: APPOINTMENT AND ADVANCEMENT.................................................. 2 ARTICLE 7: DEFERRED COMPENSATION ................................................................ 5 ARTICLE 8: WELLNESS PAY ..................................................................................... 6 CHAPTER 3 - BENEFITS ................................................................................................6 ARTICLE 9: RETIREMENT ........................................................................................ 6 ARTICLE 10: HEALTH BENEFITS .............................................................................. 9 ARTICLE 11: RETIREE MEDICAL INSURANCE ........................................................ 12 A. Probationary Period, Step Placement, and Advancement................. 2 B. Employment At Other Than The First Step......................................... 3 C. Application Of Salary Steps To Reclassifications And Promotions ..... 3 D. Special Merit Step Advancement........................................................ 4 E. Special Assignment Increase............................................................... 4 F. Part-Time Employment....................................................................... 4 G. Superior - Subordinate Relationship................................................... 4 H. Filling Position Out Of Classification (FPOC) ....................................... 5 A. The City shall contribute $60.00 per month per employee to a deferred compensation account. ............................................................... 5 B. Conversion of Sick Leave to Deferred Compensation ........................ 5 A. For “Classic Member” Employees....................................................... 6 B. For “New Members” As Defined By the Public Employees’ Pension Reform Act of 2013 (PEPRA)............................................................... 7 C. Additional Optional Benefits For All Employees................................. 8 A. Cafeteria Plan and Benefits................................................................. 9 B. Flexible Spending Accounts (FSA):.................................................... 11 ii
ARTICLE 12: OTHER INSURANCE .......................................................................... 13 ARTICLE 13: BENEFIT PAY-OFF UPON SEPARATION FROM CITY SERVICE............ 14 CHAPTER 4 - WORK HOURS .......................................................................................15 ARTICLE 14: HOURS OF WORK/WORK SCHEDULES ............................................. 15 ARTICLE 15: OVERTIME ........................................................................................ 16 CHAPTER 5 - LEAVES OF ABSENCE..............................................................................17 ARTICLE 16: SICK LEAVE ....................................................................................... 17 ARTICLE 17: VACATION ........................................................................................ 19 A. For Employees In the Unit Employed On December 31, 2009 ......... 12 B. For Employees Hired Between July 1, 1981 and
December 31, 1999........................................................................... 12 C. For Employees Hired or Promoted into the Unit Between January 1, 2000 and December 31, 2009 ......................................... 12 D. For Employees Hired On Or After January 1, 2010........................... 13 E. Alternative Retiree Medical Program (ARMP).................................. 13 A. City-Provided Insurance.................................................................... 13 B. Optional Additional Life Insurance ................................................... 14 A. Vacation Payoff................................................................................. 14 B. Sick Leave Payoff............................................................................... 14 C. Severance Payment .......................................................................... 14 A. Rest Periods ...................................................................................... 15 B. Meal Periods..................................................................................... 15 C. Job Sharing........................................................................................ 15 A. Accurately Reporting Time Worked.................................................. 16 B. Earning Overtime and Assigning Overtime Work............................. 16 C. Compensatory Time Off.................................................................... 17 D. Call Back ............................................................................................ 17 A. Authorization For Taking Vacation ................................................... 19 B. Vacation Accrual ............................................................................... 19 C. Maximum Accrual of Vacation.......................................................... 19 D. Holidays During Vacations................................................................ 20 E. Limit On Payment ............................................................................. 21 iii
ARTICLE 18: PAID TIME OFF ................................................................................. 21 ARTICLE 19: HOLIDAYS ......................................................................................... 21 ARTICLE 20: BEREAVEMENT LEAVE...................................................................... 23 ARTICLE 21: INDUSTRIAL DISABILITY LEAVE......................................................... 23 ARTICLE 22: WITNESS AND JURY DUTY LEAVE..................................................... 24 ARTICLE 23: LEAVE WITHOUT PAY ....................................................................... 25 CHAPTER 6 - EMPLOYER-EMPLOYEE RELATIONS ........................................................25 ARTICLE 24: GRIEVANCE PROCEDURE .................................................................. 25 ARTICLE 25: DISCIPLINE......................................................................................... 27 ARTICLE 26: ASSOCIATION RELATED BUSINESS ................................................... 30 ARTICLE 27: SAVINGS CLAUSE.............................................................................. 31 ARTICLE 28: MANAGEMENT RIGHTS.................................................................... 31 ARTICLE 29: NON-DISCRIMINATION .................................................................... 32 ARTICLE 30: EDUCATION REIMBURSEMENT........................................................ 32 EXHIBIT “A” ..............................................................................................................34 A. Accrual and Use of Holidays ............................................................. 21 B. Personal Holiday ............................................................................... 22 C. Potential Work on a Holiday............................................................. 23 A. Jury Duty ........................................................................................... 24 B. Witness Leave ................................................................................... 24 A. Definition of a Grievance .................................................................. 25 B. Timeliness of a Grievance ................................................................. 25 C. Grievance Procedure ........................................................................ 25 A. Pre-Action Due Process..................................................................... 28 B. Disciplinary Appeals.......................................................................... 29 A. Association Representatives............................................................. 30 B. Association Time-Off......................................................................... 30 C. Use of City Facilities.......................................................................... 30 D. Association Business and Training .................................................... 30 E. Dues Deduction................................................................................. 30 F. Demographic Reports....................................................................... 31 G. New Employee Orientation .............................................................. 31 iv

LIST OF CLASSIFICATIONS REPRESENTED BY THE CONFIDENTIAL EMPLOYEES ASSOCIATION ........................................................................................................ 34 EXHIBIT “B” ..............................................................................................................35 CONFIDENTIAL EMPLOYEES ASSOCIATION SALARY SCHEDULE............................ 35

CONFIDENTIAL EMPLOYEES ASSOCIATION

MEMORANDUM OF UNDERSTANDING
CHAPTER 1 - INTRODUCTION
The Beverly Hills Confidential Employees Association, a formally recognized employee organization, representing all its members within the Confidential Unit and duly authorized representatives of the management of the City of Beverly Hills (hereinafter referred to as the “City”), have met and conferred in good faith, freely exchanging information, opinions, and proposals, and have reached the following agreement (hereinafter referred to as either agreement or MOU) on matters within the scope of representation. The parties agree that all bargaining unit members are confidential employees under the law and applicable City Council resolution.

ARTICLE 1: INTEGRATION
This document embodies a written memorandum of the entire understanding and mutual agreement of the parties as required by Government Code § 3505.1 and supersedes all prior written and verbal agreements between the parties hereto. The word “day” in this agreement refers to calendar days unless specifically designated as working days.

ARTICLE 2: RECOGNITION CLAUSE
The Association represents all employees in the City of Beverly Hills designated as Confidential.

A list of all of the classifications represented by the Association is attached to this MOU as Exhibit A.

ARTICLE 3: TERM
This MOU shall be effective October 7, 2023 and shall expire on October 2, 2026.

Although employees in the unit are disaster service workers and subject to being called to work at any time, employees in the unit are not required to be on standby. If, during the term of this MOU, the City identifies a need to place employees in the unit on standby, the parties agree to meet and confer over the subject of standby, including standby pay.

During the term of the MOU, the parties can reopen negotiations to discuss the City’s modification to the Performance Evaluation process (including the evaluation form).

CHAPTER 2 - COMPENSATION
ARTICLE 4: SALARY
Effective October 7, 2023, employees will receive a base salary increase of four and one half percent (4.50%).

Effective the pay period including October 1, 2024, employees will receive a base salary increase of four and one half percent (4.50%).

Effective the pay period including October 1, 2025, employees will receive a base salary increase of four and one half percent (4.50%).

The salary schedules for the duration of the MOU are attached hereto as Exhibit “B”.

ARTICLE 5: OVERPAYMENT
If an employee receives more compensation (whether in the form of salary, overtime, or any other form of compensation contained in this MOU), than they are entitled to receive (i.e., is overpaid), the City will inform the employee. The City will then provide the employee with documentation reflecting the overpayment. The City will work with the employee to reconcile the overpayment, and if overpaid will work to create a repayment schedule.

If an employee is separating from the City and there is a mutual agreement between the City and employee that the employee has been overpaid, and the amount of the overpayment, the City shall recover the overpayment by reducing the value of the employee’s accrued leaves from which the employee would otherwise be entitled to receive a cash payment. If the value of such accrued leave does not cover the entire overpayment, the employee will still be required to reimburse the City for the remainder of the overpayment. If the value of accrued leaves (for which an employee is entitled to cash out) exceed the overpayment, the employee will still be cashed out for the remainder of their accrued leaves. If there is not an agreement that the employee has been overpaid and the amount of the overpayment, this paragraph shall not apply.

ARTICLE 6: APPOINTMENT AND ADVANCEMENT
A. Probationary Period, Step Placement, and Advancement

1. Probationary Period: The probationary period for all positions in the bargaining unit shall be one year.

2. Employee Placement and Advancement: Employees will be appointed into a position that is on the salary schedule with a prescribed range. Normally, employees shall be appointed in the first step and shall be eligible to be advanced through the five (5) basic steps in their allocated schedules as follows:
a. For employees starting at Steps 1 through 4 of the salary range:

After one (1) year of satisfactory service and each year annually thereafter, an employee shall be eligible for a salary increase to the next step of the range up to top step of the salary range. The effective date of the step increase shall be the employee’s anniversary date.

b. Employees shall advance to the next step unless they receive a timely performance evaluation (i.e., within one calendar week of the employee’s anniversary date) indicating that their performance does not merit an increase, in which case, the step advancement may be withheld or delayed.
c. Employees on probation (including probation for a position into which an employee has promoted) shall be eligible to apply for an open recruitment and a promotion.

B. Employment At Other Than The First Step
Every employment shall be at the first step of the schedule prescribed for the classification unless, upon the recommendation of the Director of Human Resources, the City Manager authorizes hiring at a higher step. Such authorization shall be kept to a minimum and based upon proven inability to recruit at the first step, or upon ascertained special talent and ability of the prospective employee.

C. Application Of Salary Steps To Reclassifications And Promotions When a position in the unit is reclassified upward to a class having a higher salary, the employee in the position shall be appointed to the reclassified position, providing that the employee meets the qualifications established for the reclassified position.

In the event an employee is promoted or reclassified upward, the employee shall be placed at the lowest step of the new classification that provides the employee at least five percent (5%) more than the base pay rate the employee was receiving prior to being promoted. In no event shall the promoted employee be placed above the top step of the new range. The effective date of the promotion shall be the first day of the pay period following the promotion date. The employee’s anniversary date for the position into which the employee is promoted (which determines step increases for that position) shall be the effective date of the promotion.

When a position is reclassified downward to a class having a lower salary or is determined by the Council to be excessively compensated, the employee in that position can be appointed to the reclassified position and the salary of the incumbent shall be “Y”-rated, which shall freeze the employee’s salary and prevent salary advancement for such position until the schedule for the reclassified position’s classification provides a step which exceeds the salary paid to the incumbent. No reduction of salary rate shall result from “Y”-rating.

Benefits and leave rights shall be available to all employees on probation as a result of accepting a promotion, if such employee has completed their initial probation or at least twelve (12) months of probationary service in City service.

D. Special Merit Step Advancement
The City Manager may, upon the recommendation of the Department Head and the Director of Human Resources, authorize the advancement of an employee to any of the four (4) steps earlier than the employee would normally be eligible for length of service merit step advancement. Such increases shall be effective on the first day of the pay period following approval by the City Manager, if not otherwise specified by the Department Head. A special merit step advancement shall affect the anniversary date of an employee causing it to change to the effective date of the special increase.

E. Special Assignment Increase
A special assignment increase may be granted (upon approval of the Director of Human Resources) to an employee by an Department Head provided that the employee is clearly performing specific duties above and beyond that required by their classification while not assigned or authorized to be filling a position out of classification. The Department Head shall submit their recommendation and justification to the Director of Human Resources for approval. The Director of Human Resources will review the recommendation and determine whether it is warranted given the standards of this section. The increase shall be 6% above the base salary paid to the employee. Annually a review by the Director of Human Resources of the special assignment shall be made to determine if it is still warranted.

F. Part-Time Employment
Part-time appointment (defined as any appointment of less than a 40 hour full time assignment) to a position in any authorized classification shall be made at the first step of the appropriate salary schedule. In the event an appointment is made at other than Step I, the procedure relative to regular appointments shall be followed. Part-time employees shall receive a prorated share of benefits based upon the regularly assigned work hours; said hours to be determined at the time of appointment.

G. Superior - Subordinate Relationship
For the purpose of this section, a superior-subordinate relationship is defined as a relationship in which a classification has the responsibility for the direct supervision of another classification.

In such a relationship, a superior shall be paid a monthly salary rate above their subordinates. When a subordinate’s monthly salary rate is equal to or exceeds that which is being paid to their superior, the superior shall receive a special adjustment of 3% above the salary of the highest paid subordinate.

At any time the superior’s base salary (excluding this salary adjustment) exceeds the base salary of their subordinates, the salary adjustment granted to him by this section shall be eliminated.

H. Filling Position Out Of Classification (FPOC)
As the result of departmental need and while so assigned, every regular employee temporarily assigned to and working in a classification with a salary range above the employee’s regularly assigned position shall be paid FPOC pay at a step within higher classification’s range after serving eighty (80) hours in any calendar year in the higher classification. When an employee meets these requirements, the employee shall receive the higher of (a) 5% above the pay rate of their regular classification or (b) the first step of the salary schedule for the higher classification. Under no circumstances will a rate higher than the fifth step of the higher salary schedule be paid. No position may be filled out of classification unless established departmental procedures are followed and authorization from the Department Head is obtained. Probationary employees are not eligible to fill a position out of classification.

To be eligible for compensation for filling a position out of classification, the employee has to possess the minimum qualifications for the higher classification and be capable of performing those specific tasks which they will be performing during this acting time and which differentiates it from the lower classification. Before FPOC status is attained, the necessary forms shall be approved by the Department Head or designee and Director of Human Resources. Employees assigned to fill positions out of classification shall not acquire status or credit for service in the higher classification and may be returned to their regularly assigned position at any time. Employees receiving FPOC pay shall not receive the pay when on vacation or sick leave for two weeks or longer.

The parties agree that to the extent permitted by law, the compensation for FPOC is special compensation for “classic member” employees and shall be reported as such pursuant to Title 2 CCR, Section 571(a)(3) Temporary Upgrade Pay.

ARTICLE 7: DEFERRED COMPENSATION
A. City Contribution
The City shall contribute $60.00 per month per employee to a deferred compensation account.

In addition to the City’s contribution to deferred compensation described in the first paragraph, any employee may elect to contribute to their own deferred compensation account from their regular wages up to the maximum deferrals specified by law and/or plan rules. In accordance with the tax rules, any cash that an employee may receive through the cafeteria plan described in Article 10 may not be deferred to the employee’s accounts under the City’s deferred compensation plans. The employee may, however, be able to elect to increase their deferrals to the City’s retirement plans from their regular wages.

B. Conversion of Sick Leave to Deferred Compensation
Employees may choose to contribute part of their accumulated sick leave to deferred compensation. Per IRS regulations, converted sick leave may only be used to fund “catch up”

contributions to deferred compensation, therefore, an employee must first contribute the maximum to their respective deferred compensation account before they are permitted to use their sick leave to make “catch up” contributions. The following restrictions apply to this program:

1. The employee must have a minimum of 15 years of service with the City of Beverly Hills.

2. The employee’s sick leave balance cannot be reduced below 500 hours by the contribution.

3. Contribution amounts and deferral limits will be governed by IRS Code restrictions and the deferred compensation plan rules related to “catch-up” contributions.

4. An employee may only convert the amount of sick leave they would be eligible to receive if they separated from service at the time of the sick leave conversion to deferred compensation.

ARTICLE 8: WELLNESS PAY
The City agrees that employees in the unit will receive two percent (2.0%) each pay period of each employee’s annual base pay for wellness pay. Wellness pay is provided to employees to promote wellness. This includes, but is not limited to, purchase of gym memberships, physical fitness equipment, or medical exams or treatments designed to improve overall employee health. The City and the Association agree that this form of pay does not qualify as special compensation per Title 2 Section 571 or 571.1 and is therefore not pensionable.

CHAPTER 3 - BENEFITS
ARTICLE 9: RETIREMENT
The City contracts with CalPERS for retirement benefits. The benefits provided herein are provided per the Public Employees Retirement Law (the “PERL”) as well as the City’s contract with CalPERS. The PERL and the City’s contract with CalPERS shall control over any provision of this MOU which is inconsistent with the law or the City’s contract with CalPERS.

A. For “Classic Member” Employees

1. An individual hired on or after January 1, 2013, who was employed by any public employer before January 1, 2013 and who does not meet the definition of “New Member” under the PEPRA will be designated as a “Classic Member”. “Classic Members” are defined as those individuals who are:
a. Working for an employer providing CalPERS retirement benefits who begins employment with the City without a break in service or a break in service of six (6) months or less; or

b. Current member of a public retirement system or plan with reciprocity with CalPERS.

2. Retirement Formula: The City contracts with CalPERS to provide the 2.5% at 55 retirement formula set forth in California Government Code Section 21354.4.

3. Single Highest Year: The City’s contract with CalPERS provides for the “Single Highest Year” retirement benefit for miscellaneous employees of which “classic member” employees are included pursuant to Government Code section 20042. The retirement benefit is based on the highest annual compensation for the one year during the employee’s membership in CalPERS.

4. Payment of Employee/Member Contribution: Classic Members pay their 8% Member Contribution.

B. For “New Members” As Defined By the Public Employees’ Pension Reform Act of 2013 (PEPRA)

1. A “New Member” as defined by PEPRA is an employee who becomes a member of a public retirement system for the first time on or after January 1, 2013 and:
a. Was not a member of a public retirement system before January 1, 2013; or
b. Was a member of a public retirement system before January 1, 2013 that is not subject to reciprocity with CalPERS; or c. Alternatively, anyone who was an active member of a retirement system, has a break in service of more than six (6) months, and returns to active membership in the same system with a new employer.

2. Retirement Formula: Unit members who are defined as “new members” under the PEPRA are covered by the 2% @ 62 formula provided for by the Public Employees’ Retirement Law at Government Code section 7522.20(a).

3. Retirement Benefit Calculation Period: For unit members defined as “new members” under the PEPRA such employees’ final compensation will be based on the highest annual average compensation earnable during the three consecutive years of employment immediately preceding the effective date of their retirement or any other three consecutive year period chosen by the employee as set forth in Government Code section 7522.32(a).

4. Payment of Employee/Member Contribution: New member employees are responsible for paying the employee contribution of one-half of the total normal cost of the plan, as defined by CalPERS, through a payroll deduction. The cost sharing provision below does not change this responsibility for paying one-half the normal cost, which is defined in the annual actuarial valuation report provided by CalPERS. The City has adopted the CalPERS resolution in accordance with IRS Code section 414(h)(2) to ensure that the employee contribution is made on a pre-tax basis.

In addition, new members pay an additional amount for their retirement contribution as cost sharing in accordance with Government Code section 20516(f). That amount will be the difference between the half the normal cost amount and eight percent so that their total retirement contribution will be eight percent (8%). If the half the normal cost rate equals or exceeds eight (8%) employees will not be required to cost share.

C. Additional Optional Benefits For All Employees

1. Military Buy-Back: The City’s contract with CalPERS provides for the military buy-back option to a maximum of four (4) years buy-back time.

The entire cost of this buy-back shall be borne by those employees taking advantage of this buy-back option.

2. 1959 Survivor’s Benefit: The City’s contract with CalPERS provides Level 4 coverage under the 1959 Survivor’s Benefit pursuant to Government Code section 21574.

3. Pre-Retirement Option 2 Benefit: The City’s contract with CalPERS provides the Pre-Retirement Optional Settlement 2 Benefit as set forth in Government Code section 21548 for employees.

4. Pre-Retirement Death Benefits: The City’s contract with CalPERS provides the benefit known as the pre-retirement death benefits to continue after remarriage of survivor as set forth in Government Code section 21551.

5. Cost of Living Allowance: The City’s contract with CalPERS provides the benefit known as the 2% Cost of Living Allowance Increase as set forth in Government Code section 21329.

6. Retired Death Benefit: The City’s contract with CalPERS provides the $500 Retired Death benefit as set forth in Government Code section 21620.

7. Prior Service: The City’s contract with CalPERS provides the prior service benefit as set forth in Government Code section 20055.

ARTICLE 10: HEALTH BENEFITS
A. Cafeteria Plan and Benefits

1. Cafeteria Plan and Benefits: The City will provide current employees with flexible benefits through a cafeteria plan as provided below.

The following insurance benefits provided for in this Article will be provided through the provision of a cafeteria plan adopted in accordance with the provisions of IRS Code § 125: medical, dental, and optical.

Any language contained in this MOU which is also contained in the cafeteria plan documents is done so for the convenience of the parties.

However, the parties agree that all of the provisions of the cafeteria plan documents (whether included in this MOU or not) are applicable and binding on the parties to this MOU.

2. The Purchase of Optional Benefits Through the Cafeteria Plan: The cafeteria plan offers employees the opportunity to purchase the following optional benefits: medical, dental, and optical insurance.

Employees who are enrolled in health insurance coverage receive a monthly City contribution for the purchase of the optional medical, dental, and optical insurance benefits that is inclusive of the CalPERS statutory minimum. From adoption of the MOU through December 31, 2023, employees who are enrolled at the employee or employee + 1 level receive $2,150.00 per month. Employees who are enrolled at the employee + family level receive $2,350.00 per month.

Effective January 1 of each year of the MOU, the monthly City contribution for the purchase of the optional medical, dental, and optical insurance benefits that is inclusive of the CalPERS statutory minimum shall be as follows:

COVERAGE LEVEL

TOTAL CITY

CONTRIBUTION

EFFECTIVE
JANUARY 1, 2024

TOTAL CITY

CONTRIBUTION

EFFECTIVE
JANUARY 1, 2025

TOTAL CITY

CONTRIBUTION

EFFECTIVE
JANUARY 1, 2026
Employee Only: $2,150 $2,150 $2,150
Employee Plus One
Dependent:
$2,200 $2,250 $2,300
Employee plus Family: $2,450 $2,550 $2,650

3. The Receipt of Cash Through the Cafeteria Plan:

Employees will be eligible to receive cash (subject to taxation as wages) through the cafeteria plan if they either opt out of receiving one of the optional benefits provided through the plan or if they choose optional benefits that do not cost as much as the maximum dollar amount they receive through the plan. Employees who opt out or who are enrolled in health insurance coverage at the employee only or employee +1 level will receive cash up to a maximum of $475 per month.

Employees enrolled in health insurance coverage at the employee + family level will receive cash up to a maximum of $375 per month.
a. Medical Insurance: The City contracts with CalPERS for medical insurance coverage of eligible employees and retirees. Eligible new hires are covered under the program on the first day of the month following the employee’s hire date.

The City contributes the PERS statutory minimum on behalf of each employee in the program.

Eligible employees may select any of the HMO or PPO medical insurance plans offered by CalPERS.

If CalPERS changes any of the medical insurance plans by either adding to or deleting the plan options described above, employees will be limited to those plan options offered by CalPERS.

For each of the plans, employees will also be able to choose the benefit for the employee, employee + 1, or employee + family.

Covered employees are required to participate in CalPERS medical insurance under one of the available options. However, an employee may opt out of medical insurance if the employee attests that they have minimum essential coverage as defined by the Affordable Care Act (“ACA”).

If at any time during the term of the MOU, any provision of Federal law or regulation would impose greater financial cost or penalties on the City above and beyond the City’s agreed upon contribution to an employee’s cafeteria plan, the parties agree to reopen negotiations. The negotiations will be for the limited purpose of making changes to the cafeteria plan that would be needed to ensure that such additional cost or penalties are avoided. b. Dental Insurance: Employees shall also have the ability to select from two levels of dental insurance from the City’s dental insurance provider. The City reserves the right to change dental insurance

providers if necessary. If it does, employees will be provided with similar benefits with the new provider. As with medical insurance, employees will have the options of: employee, employee + 1, or employee + family. Employees do not have to choose any dental insurance and need not provide proof of dental insurance from another source.
c. Optical Insurance: Employees shall also have the ability to select from two levels of optical insurance from the City’s optical insurance provider. The City reserves the right to change optical insurance providers if necessary. If it does, employees will be provided with similar benefits with the new provider. As with medical insurance, employees have the options of: employee, employee + 1 or employee, + family. Employees do not have to choose any optical insurance and need not provide proof of optical insurance from another source.

4. Employee Contributions for Benefit Options: If an employee chooses optional benefits whose aggregate cost exceeds the total City contributions to the Cafeteria Plan, the City will automatically deduct the excess amount on a pre-tax basis from the employee’s bi-weekly payroll.

B. Flexible Spending Accounts (FSA):

Employees have the opportunity to participate in both a health care and dependent care flexible spending account (each an FSA) whereby employees will be able to defer up to the maximum permitted by law for the health care FSA and dependent care FSA to pay for any eligible out of pocket expenses related to health care or dependent care on a pretax basis. The provisions of both of these FSA’s will be provided in a plan document. The plan document will be available to each eligible employee upon request. Before January 1 of every year, employees will be able to elect to have their compensation for the upcoming year deducted biweekly and contributed on a pre-tax basis to the FSA. During the year (and for a short grace period thereafter), an employee can receive reimbursements under the FSA for covered expenses incurred during the year, up to the amount of the employee’s elected contributions for the year. The FSA deductions will be withheld from employees’ regular payroll.

1. Benefits if on an Industrial Leave: In the event an employee is on a leave without pay as a result of an industrial injury, the City shall pay the PERS statutory minimum for that employee (assuming the employee wants medical, dental, or optical coverage from the City) for the duration of the leave. In addition, outside of PEMHCA, assuming the employee wants to be covered by medical, dental, or optical insurance the employee shall receive their additional cafeteria plan contribution (up to the maximum amount provided above) amount for one month for each year of full service up to one year. If an employee chooses to opt out of insurance and

receive cash as described above, they will be eligible to receive that cash for one month for each year of full service up to one year.

ARTICLE 11: RETIREE MEDICAL INSURANCE
A. For Employees In the Unit Employed On December 31, 2009 All employees in the unit employed on December 31, 2009, who remain employed in the bargaining unit after that date and retire from City service shall continue to be eligible to receive the same level of retiree medical benefits they were eligible to receive before January 1, 2010. For retirees participating in the CalPERS medical insurance program, the City will pay the statutory minimum. In addition, the City will provide benefits through a medical reimbursement program. In accordance with the tax rules, retirees will not be permitted to participate in the cafeteria plan.

B. For Employees Hired Between July 1, 1981 and December 31, 1999 For bargaining unit members hired between July 1, 1981 and December 31, 1999, the City shall continue to pay the difference between the PERS statutory minimum and the actual cost of the medical insurance premium up to the one party rate of the PERS Platinum Plan. (The employee will receive a check for the difference between the one party rate of the PERS Care Plan and the PERS statutory minimum.)
C. For Employees Hired or Promoted into the Unit Between January 1, 2000 and December 31, 2009
To qualify for this benefit, an employee shall:

1. Complete a minimum of 5 years of full-time employment with the City of Beverly Hills; and

2. Receive a service retirement from the City of Beverly Hills; and

3. Not perform any paid work for a PERS contracting agency following retirement from the City of Beverly Hills with the exception of work below 960 hours per fiscal year.

Upon these conditions, the City shall continue to pay a part or all of the difference between the PERS statutory minimum and the actual cost of the medical insurance up to the one party rate of the PERS Platinum plan at the following rate:

1. The City will pay 25% of the difference;

2. The City will pay an additional 5% of the difference for each year of employee service with the City of Beverly Hills, from the sixth year through the twentieth year. Thus, for example, an employee who retires with 20

or more years of service with the City of Beverly Hills will be entitled to receive 100% of the difference.

The City will not pay more than 100% of the cost of a retiree’s medical insurance premium.

To the extent that any provisions of AB 410 (effective January 1, 2014) are contrary to those provided herein, the provisions of AB 410 shall apply.

D. For Employees Hired On Or After January 1, 2010
Employees hired into the unit on or after January 1, 2010, who retire from the City, will receive the PERS statutory minimum paid by the City.

In addition, in lieu of additional retiree medical insurance benefits, the City shall, while the employees are working for the City, contribute the sum of $150.00 per month ($75.00 per pay period) for twenty-four (24) pay periods (there will be no contribution in the third pay period of any month which has three pay periods) to a retirement health account on behalf of such employees. For employees who promote into the unit after January 1, 2010 who were City employees as of December 31, 2009, they will receive retiree medical benefits as though they were a member of the bargaining unit prior to January 1, 2010 as addressed above.

When such employees retire, they will be able to purchase health insurance by contributing the additional costs for PERS medical, dental, and optical insurance they choose.

E. Alternative Retiree Medical Program (ARMP)
Notwithstanding any provision above, employees in the unit who have previously voluntarily chosen to participate in the Alternative Retiree Medical Program (ARMP) will not receive retiree medical benefits from the City. Their choice of ARMP was made in lieu of receipt of the retiree medical benefit provided above.

ARTICLE 12: OTHER INSURANCE
A. City-Provided Insurance
The following benefits are provided to all employees at the City’s expense:

1. Term Life Insurance policy of $75,000.

2. Disability Insurance: Disability insurance policy provides two thirds (2/3) of monthly salary up to a maximum of up to $7,500.00 per month, except as may be provided under the applicable plan document. This plan has a 30-day elimination period. Employees may use accrued leaves to supplement payments received by the disability insurance plan. However, the employee may not receive more than 100% of their regular wages.

B. Optional Additional Life Insurance
Employees may also purchase supplemental term life insurance, if available, with deductions from their bi-weekly compensation as designated by each employee.

Although employees may use cash wages they receive through the cafeteria plan (if applicable) to purchase supplemental term life insurance, they cannot defer cash wages they receive through the cafeteria plan directly into the purchase of supplemental term life insurance. It must be a deduction from their paycheck.

ARTICLE 13: BENEFIT PAY-OFF UPON SEPARATION FROM CITY SERVICE A. Vacation Payoff
All employees who separate from City service shall be paid for accumulated vacation.

B. Sick Leave Payoff
All accrued, unused sick leave at the date of separation from City service shall be the basis for determining the amount to be paid to each employee who qualifies to receive sick leave pay.

All accumulated sick leave at the date of separation from City service shall be the basis for determining the amount to be paid to each employee who qualifies to receive sick leave pay-off.

Only employees who have ten (10) or more continuous years of City service shall be eligible for sick leave pay-off upon separation from employment with the City. Employees with less than ten (10) years of continuous service shall not be eligible to receive any payoff for unused sick leave.

Employees with at least ten (10) but less than fifteen (15) years of continuous service shall be eligible to receive payment for accumulated sick leave at the rate of three percent (3%) per full year of service. For employees with fifteen (15) or more years of continuous service, the rate for accumulated sick leave is four percent (4%). However, the maximum rate of sick leave payoff shall not exceed 100%. Sick leave shall be calculated at the rate of pay, including all bonuses, received by the employee at the time of their separation.

For example, an employee with twelve full years of continuous City service at the time of separation would receive a pay-off for thirty-six percent (36%) (12 x 3%) of their accumulated sick leave, and an employee with eighteen (18) years of continuous City service at the time of separation would receive a pay-off for seventy-two percent (72%) (18 x 4%) of their accumulated sick leave.

C. Severance Payment
In addition to the layoff provisions of the Personnel Rules and Regulations, an employee who is laid off shall receive one day of their current salary for each year of service with the City, up to a maximum of ten (10) days of salary.

CHAPTER 4 - WORK HOURS
ARTICLE 14: HOURS OF WORK/WORK SCHEDULES
The workweek for all members of the unit shall be 168 regularly recurring hours. For employees working the 5/40 or 4/10 work schedule, it shall begin on Saturday at 12:00 a.m. and end at 11:59 p.m. the following Friday. For employees working the 9/80 work schedule, each employee’s designated FLSA workweek (168 hours in length) shall begin exactly four hours after the start time of their eight hour shift on the day of the week that corresponds with the employee’s alternating regular day off. Every employee is required to work a forty (40) hour workweek, unless otherwise provided by the City Manager.

A. Rest Periods
Employees shall be allowed but not required to take a rest period of fifteen (15) minutes during the first half of their shift and another rest period of fifteen (15) minutes during the second half of their shift.

Such rest periods shall be scheduled in accordance with the requirements of the Department, but ordinarily shall not be scheduled within one (1) hour of the beginning or the ending of a work shift or lunch period. Rest periods may not be combined with meal periods to extend an employee’s meal period.

Rest periods shall be considered hours worked and employees may be required to perform duties, if necessary.

B. Meal Periods
Employees are required to take a meal period of up to one (1) hour per shift.

1. Meal periods are unpaid unless an employee is required by their supervisor to work through their meal period.

2. The amount of time for a meal period and the procedure for taking a meal period shall be determined by the department director or their designee.

C. Job Sharing
Job sharing is where two employees work the equivalent of one full-time position with the regular work schedule for the position and receive pro-rata benefits. Requests for job sharing will be evaluated on a case-by-case basis subject to an agreement between the City and the Association. Upon the effective date of this 2023-2026 MOU, this provision will sunset (and this provision will no longer be applicable) when the one employee job sharing at the time of the adoption of this MOU is no longer job sharing.

ARTICLE 15: OVERTIME
A. Accurately Reporting Time Worked
Employees are required to accurately report all time worked on their time sheets.

Employees shall submit all timesheets by the deadline established by the Payroll Division of the Finance Department. If an employee worked time that was not captured in the initial time sheet, the employee shall report the change to their supervisor. Under no circumstances may an employee work any time in addition to their regular work hours before or after work or on an unpaid meal break without first receiving approval in advance from their supervisor. Thus, all overtime requires advanced approval. In addition, since no supervisor is permitted to require an employee to work overtime without it being reported on their time sheet, if an employee works such time it will be recorded.

Unit members shall record hours worked in one-tenth (1/10) of an hour increments of time. This is illustrated by the following:
0-3 Minutes – No additional time should be recorded
4-9 Minutes = .1 of an hour
10-15 Minutes = .2 of an hour
16-21 Minutes = .3 of an hour
22-27 Minutes = .4 of an hour
28-33 Minutes = .5 of an hour
34-39 Minutes = .6 of an hour
40-45 Minutes = .7 of an hour
46-51 Minutes = .8 of an hour
52-57 Minutes = .9 of an hour
58-60 Minutes = 1.0 full hour
For example, if an employee whose work schedule is 7:30 a.m. to 5:30 p.m. works until 5:48 p.m. they would record 9.3 hours for the day.

The parties agree that if the City makes any timekeeping system upgrades during the term of this MOU, if there are any meet and confer/consult obligations (either impacts or any decisions which may require meet and confer) the Association and/or the City agree to promptly meet and confer/consult if requested by the other party.

B. Earning Overtime and Assigning Overtime Work
All employees in this unit will be eligible to earn overtime for hours worked in excess of forty (40) in their workweek. Employees shall be paid overtime compensation at the rate of 1.5 times their regular rate of pay when required to work more than forty (40) hours in a workweek. All paid leave shall be regarded as hours worked for purposes of calculating overtime.

C. Compensatory Time Off
Employees working overtime shall receive either pay or compensatory time off (CTO) at the Department Head’s discretion (such that a Department Head may deny an employee to earn CTO at any time due to operational need). Employees can accumulate up to 40 hours of compensatory time. Since CTO is earned at 1.5 hours for each hour of overtime worked, 40 hours of CTO equates to 26.66 hours of overtime worked. Once an employee has 40 hours of accumulated CTO, they cannot accumulate any additional CTO until their bank is below 40 hours and any overtime worked will be paid. Employees will be cashed out of any accumulated CTO at their then existing regular rate of pay when they leave employment with the City or are promoted/move into a bargaining unit which does not have CTO for employees in the unit (e.g., a promotion to the Management and Professional Association).

An employee wishing to use their accumulated compensatory time must provide reasonable notice to their supervisor. If reasonable notice is provided, the request will only be denied if the request is unduly disruptive to the operations of the employee’s department. For purposes of this agreement, reasonable notice is defined as at least one calendar week. If an employee wishes to use compensatory time without providing reasonable notice, the decision to grant or deny that request will be at the discretion of the employee’s supervisor.

D. Call Back
An employee who is called back to work while off duty shall receive a minimum of two hours of pay as long as the hours which are worked are not adjacent to the employee’s regular hours. For hours worked before the shift where the employee continues to work into their regular shift, this is not a call back. Rather, the employee will be paid for the actual hours worked. For hours worked after an employee’s regular shift ends, the minimum call back pay shall apply if the call back occurs fifteen (15) minutes or more after the employee’s shift has ended.

For example, if an employee normally works from 8:00 a.m. to 6:00 p.m. Monday through Thursday and 8:00 a.m. to 5:00 p.m. every other Friday, and the employee is called back to work at 7:00 p.m. on any evening, they will receive a minimum of two hours of pay.

Alternatively, if an employee with the same schedule is called back to work at 7:00 a.m. on any day between Monday through Thursday or on their working Friday, they would not receive call back pay, rather, would receive pay for the actual time worked.

CHAPTER 5 - LEAVES OF ABSENCE
ARTICLE 16: SICK LEAVE
Except as is otherwise provided, all employees shall accrue, use, and be compensated for sick leave as follows:

1. Accrual: Each employee shall accrue 96 hours of sick leave at the rate of approximately 3.69 hours for each complete biweekly period of employment. During years in which there are 27 pay dates, there will be no sick leave accrual on the 27th pay date. Payroll Division records are the final authority for settling disputes regarding accrued and accumulated sick leave.

2. Sick Leave Usage: Sick leave may be used by the employee when they are ill or during a period illness by a child, step child, parent, step parent, spouse, or registered domestic partner. Up to half of the employee’s annual accrual (48 hours) may also be used to care for a parent-in-law, grandchild, grandparent or “designated person”. A “designated person” is a person identified by the employee at the time they request sick leave.

An employee may designate one person per 12-month period.

Employees who run out of sick leave shall be permitted to use other accrued leave for sick leave purposes if approved by their supervisor.

3. Sick Leave Incentive: After completion of one year of service, employees who use twenty-eight (28) hours or less of sick leave each payroll year (defined as the year that ends at the end of the last full pay period in December where the pay day is also in December) may convert up to 28 hours of the accumulated unused sick leave to cash during the month of January of the following year. Days not paid for or taken may be used in the future, or paid at separation in accordance with the sick leave buy-back program as referenced in Article 13 of this MOU.

If an employee wants to cash out sick leave (because they have used twenty-eight (28) hours of sick leave or less), they must comply with the following: By December 15 of each year, employees may make an irrevocable election to cash out up twenty-eight (28) hours of sick leave which will be earned in the following calendar year. If the irrevocable election is not made, the employee will not have any of their sick leave cashed out in January of the year after it was accrued.

An employee changing classifications and moving into the Confidential bargaining unit before December 15 of the current year, will be able to make an irrevocable election to participate in the sick leave incentive cash out in the subsequent applicable cash out (provided they are eligible). As an example, an employee entering the Confidential bargaining unit on or before December 15, 2023 can make their irrevocable election to cash out sick leave and have the potential to receive their first cash out in January 2025, provided they meet the eligibility requirements in 2024.

Additionally, the employee’s irrevocable election will be followed regardless of the bargaining group the employee may be in at the time of

the actual cash out. As an example, if a Confidential bargaining unit member makes an irrevocable election on December 15, 2023, but changes to another bargaining group in 2024, their irrevocable election made as a Confidential bargaining unit member will be honored (based on eligibility) when cash out is made.

ARTICLE 17: VACATION
A. Authorization For Taking Vacation
Employees may use accumulated vacation if approved by the their Department Head or designee.

An employee entitled to vacation shall make written application in the manner and within the time directed by the Department Head. Every Department Head shall establish a vacation schedule for each calendar year based as far as possible upon applications and seniority (which for purposes of use of vacation refers to the employee’s overall cumulative full-time service within the City) of the employees concerned but subject to their right to plan work under their control and to allow vacations when employees can be spared. They shall notify every employee as soon as possible whether their application is approved, and if not, of the period which is substituted.

B. Vacation Accrual
Vacation accrual shall be calculated on the basis of hours. Vacation credit shall accrue biweekly to every member of the bargaining unit at the rates indicated below:

FIRST 4 YEARS AFTER 4 YEARS AFTER 14 YEARS
OF SERVICE THROUGH 14 YEARS OF SERVICE

OF SERVICE OF SERVICE

3.07 Hours 4.60 Hours 6.13 Hours
Bi-weekly Bi-weekly Bi-weekly
80 Hours/Yr 120 Hours/Yr 160 Hours/Yr
C. Maximum Accrual of Vacation
Employees with fourteen years of service or less may not accumulate more than 480 hours of vacation. Employees with 480 hours of vacation on the books will not continue to accrue vacation until their balance falls below 480 hours.

Employees with more than fourteen (14) years of service may not accumulate more than 520 hours of vacation at any time.

Employees who reach their maximum vacation accumulation will stop accruing vacation until their balance falls below their maximum vacation accumulation.

By December 15 of each year, employees may make an irrevocable election to cash out up to eighty (80) hours that will be earned in the following calendar year, provided that at the time of the cash out, the employee has minimum of 240 hours of accrued vacation leave.

The employee will be paid for the vacation hours (up to a maximum of eighty (80) hours) they irrevocably elected to cash out on the first pay day in January of the following calendar year.

If an employee makes an irrevocable election to cash out vacation in the following calendar year and uses vacation in that subsequent year, the vacation used will come from vacation the employee had earned prior to January 1 of the year the employee has elected to cash out vacation. This is to ensure that assuming an employee had a vacation balance prior to January 1, the vacation used will not result in a reduction in the amount of vacation the employee will be eligible to cash out.

In addition to the above, starting in calendar year 2024, an employee who has an “unforeseen emergency” (defined as an unanticipated emergency that is caused by an event beyond the control of the employee and that would result in severe financial hardship to the employee if early withdrawal were not permitted) shall be entitled to make a request to the Director of Human Resources for a payoff of accrued vacation leave. The amount of vacation leave which may be paid off is limited to the amount necessary to meet the emergency. The maximum payoff the employee can receive for an emergency is limited up to eighty (80) hours of their accrued vacation leave. These eighty (80) hours would be the same eighty (80) hours the employee elected to cash out, not an additional eighty (80) hours.

An employee moving into the Confidential bargaining group before December 15 of the current year, will be able to make an irrevocable election to participate in the vacation incentive cash out in the subsequent applicable cash out (provided they are eligible). As an example, an employee entering the Confidential unit on or before December 15, 2023 can make their irrevocable election to cash out vacation leave and have the potential to receive their first cash out in December 2024, provided they meet the eligibility requirements in 2024.

The employee’s irrevocable election will be followed regardless of the bargaining group the employee may be in at the time of the actual cash out. As an example, if a member belongs to Confidential when the irrevocable election is made (December 15, 2023), but changes to another bargaining group in 2024, their irrevocable election made as a Confidential member will be honored (based on eligibility) when cash out is made.

D. Holidays During Vacations
When a holiday falls within an employee’s vacation, the day will count as a holiday, not vacation.

E. Limit On Payment
No employee shall be paid any more for their vacation period than they would have received if they had worked.

ARTICLE 18: PAID TIME OFF
Each employee will be granted 27 hours of additional Paid Time Off (PTO) at the beginning of each calendar year.

Employees will accrue a pro-rata amount of PTO each pay period during the year. However, during the year, an employee may use PTO that they have already accrued or will accrue for the remainder of the year. If an employee leaves the City’s employ in the middle of the year, they will only be able to cash out the amount of PTO they have accrued up to the date of their separation from City service. Employees will receive cash payment for the PTO hours not taken as time off during the payroll year. Payment will be made in January of the following year.

ARTICLE 19: HOLIDAYS
A. Accrual and Use of Holidays
All employees shall be entitled to the following paid holidays if they were in paid status for the entire day the work day before and the work day after the holiday, (i.e., either the employee worked or was absent or using paid leave for the entire day on such workdays):

New Year’s Day January 1
Martin Luther King Day 3rd Monday in January
Presidents’ Day 3rd Monday in February
Memorial Day Last Monday in May
Juneteenth June 19
Independence Day July 4
Labor Day 1st Monday in September
Veterans’ Day November 11
Thanksgiving Day 4th Thursday in November
Day after Thanksgiving Day after the 4th Thursday in November Christmas Day December 25

1. Every employee whose regular work schedule is a five (5) day per week or a 9/80 or 4/10 schedule, Monday through Friday, will observe holidays as follows:
a. If the holiday falls Monday through Friday, one work day off is granted with pay on the day on which the holiday falls. b. If the following holidays (January 1, June 19, July 4, November 11, and December 25) fall on a Saturday, the preceding Friday shall be considered the holiday; if the holiday falls on Sunday, the following

Monday shall be considered the holiday. If any holiday falls on a day that is an off work day for employees working an alternate work schedule, the employee shall receive a floating holiday in lieu of the holiday. Floating holidays may be taken at each employee’s discretion, subject to approval of the Department Head or designee. Generally, these floating holidays may be used after the holiday has occurred unless the employee requests to use the floating day contiguous to the actual holiday. Appointing Authorities or designees will not act unreasonably in granting requests to use floating holidays. Employees may accrue up to five (5) floating holidays. If an employee has five (5) floating holidays on the books, they will not accrue a floating holiday per this paragraph unless they reduce the number of floating holidays by using floating holiday leave to reduce the number of floating holidays below five (5). Per Labor Code section 227.3, floating holiday hours cannot be cashed out if unused nor can these hours be cashed out upon movement to another bargaining group or at separation from City employment. If a Confidential bargaining unit member moves into another bargaining unit, they will retain their floating holiday balance in an amount not to exceed the terms outlined in this MOU.

B. Personal Holiday
All unit employees shall be entitled to two additional paid holidays each fiscal year.

Employees hired between July 1 and December 31 shall be entitled to two personal holidays for use that fiscal year. Employees hired between January 1 and March 31 shall be credited with one personal holiday for use by June 30 of the same year. Employees hired between April 1 and June 30 will not be credited with any personal holidays until the following fiscal year.

The hours of personal holidays will be based on the number of hours the employee is scheduled to work based upon their regular work schedule. At the beginning of each fiscal year, employees will be credited with additional personal holiday hours sufficient to bring the employee up to the cap of two personal holidays (maximum of 18 hours for employees working a 9/80 work schedule and 20 hours for employees working a 4/10 work schedule, and 16 hours for employees working a 5/40 schedule).

Department Heads or designees will not act unreasonably in granting requests to use personal holidays. Employees are encouraged to use personal holidays during the year they are earned. Employees may not have more than two personal holidays on the books at any time. If at the end of a fiscal year, an employee still has personal holidays on the books, for the following fiscal year, the employee will receive only that amount of personal holidays that will bring the balance to two personal holidays, in accordance with California Labor Code Section 227.3.

Personal holidays cannot be cashed out at the end of the year, when moving out of the bargaining unit or upon separation from City employment.

If an employee moves into another bargaining unit that has personal holiday, they will retain their personal holiday balance and continue to accrue any additional hours per the terms of the respective MOU.

C. Potential Work on a Holiday
Because of operational need, employees may be required to work on an observed City holiday. An employee who is required to work on an observed City holiday by their supervisor will be paid their holiday pay for the day. In addition, the employee will receive straight time pay for any hours they work on the holiday.

ARTICLE 20: BEREAVEMENT LEAVE
Bereavement leave is an absence occasioned by the death of a family member, herein defined as a spouse, parent, grandchild, brother, sister, child, step-child, grandparent, in-law, or registered domestic partner of the employee.

Up to a maximum of forty (40) hours of bereavement leave, per calendar year, (regardless of the number of family member deaths) may be used in the event of the death of a family member. In the event an employee needs additional time off for this purpose, they may use up to 40 hours of sick leave per calendar year.

Requests for bereavement leave shall be made in writing, when feasible and shall be approved by the Department Head or designee and the Director of Human Resources or designee.

In addition to the above (which allows an employee up to 40 hours of paid bereavement leave as well as the ability to use an additional 40 hours of sick leave for bereavement) there is a right to use additional bereavement leave under the law.

For employees who have been with the City for at least thirty (30) days) who have exhausted both their paid bereavement leave and the five additional days of sick leave which can be used for bereavement, they may use up to five (5) days of bereavement leave for each death of a family member as defined above. This leave under the law must be used within three (3) months from the date of death. Although this is not City-paid leave, employees may use any accrued and available leave that is otherwise available to the employee for this purpose.

ARTICLE 21: INDUSTRIAL DISABILITY LEAVE
All terms contained in this section and the determination thereof shall be as defined by the provisions of Division 4 of the California Labor Code, Sections 3201 et. seq.

In the event of an accepted work-related injury claim, the City shall pay the gross salary, less legally required deductions, to the injured employee for a period not to exceed ten (10) working

days. Employees covered under this program shall not receive a monetary amount greater than they would receive if they had been working under normal conditions.

Should an injured employee’s period of absence exceed ten (10) working days, payment under this program will cease. An employee eligible to receive temporary disability indemnity may then utilize accumulated sick and vacation which when added to their temporary disability indemnity payments will add up to full salary, An employee who elects not to utilize accrued leave while receiving temporary disability indemnity payments must notify the Human Resources Office.

An employee seeking these benefits may be required to be examined by City authorized physicians at the discretion of the Director of Human Resources and Risk Management Division of the Human Resources Department for the purpose of determining eligibility for this program.

ARTICLE 22: WITNESS AND JURY DUTY LEAVE
A. Jury Duty

1. An employee who is called for jury duty shall be compensated (as though they were working) for those hours of absence due to the jury duty that occurs during the employee’s regularly scheduled working hours.

Employees are required to provide documentation to Human Resources that they are on jury duty and once completed, documentation from the court that they have completed their jury duty service. This documentation is necessary for employees to receive pay for jury duty.

2. If a unit member is required to be absent from work to report for jury duty, the employee will notify their supervisor of the absence as soon as possible, including the night before if the employee finds out that they must report the next day.

3. An employee on jury duty must either return to work after the jury service is done for the day if there are still four hours or more left on their shift or call in to their supervisor and ask to use leave to cover the rest of their shift.

4. An employee who is called to jury duty on a non-working day will not receive compensation or be authorized to change their schedule as a result of being called to jury duty.

B. Witness Leave
Any employee who is required to serve as a witness pursuant to a lawful subpoena in any judicial or quasi-judicial proceeding, (except if the employee is a party to the proceeding and it is unrelated to their current or past public employment) shall be allowed time off with pay (with no need to use accrued leaves) to serve as a witness.

If the employee is a witness in a matter pursuant to a lawful subpoena in any judicial or quasi-judicial proceeding to which they are a party that is unrelated to their current or past public employment, they are entitled to take time off to serve as a witness per the law. While the City will not provide paid time off to serve as a witness, the employee may use vacation, compensatory time off or paid time off hours for the time off to serve as a witness.

ARTICLE 23: LEAVE WITHOUT PAY
Requests for leaves of absence without pay must be submitted to each employee’s supervisor and approved by the employee’s Department Head or designee and shall be used only if all appropriate accrued leaves (e.g., sick leave may not be exhausted if the leave is not for a medical purpose) have been exhausted. Employees on leave of absence without pay shall not accrue vacation, leave rights, nor shall the City pay for any benefits, except as required by law. Decisions whether to grant such a leave will be made based on operational needs of the Department.

CHAPTER 6 - EMPLOYER-EMPLOYEE RELATIONS
ARTICLE 24: GRIEVANCE PROCEDURE
The City and Association recognize that disputes related to this MOU will occur from time to time.

It is both parties’ intent and desire that any such disputes be resolved quickly and amicably.

However, the parties recognize that occasionally disputes will need to be resolved by a neutral.

It is for that reason that the parties agree to the following provisions of their grievance procedure.

A. Definition of a Grievance
An allegation by an employee or the Association that there has been a violation, misinterpretation, or misapplication of the terms of this MOU or any past practice.

B. Timeliness of a Grievance
All grievances must be filed within 30 calendar days of the occurrence giving rise to the grievance or the time within which the grievant (either the employee or Association) knew or should have known of the occurrence.

C. Grievance Procedure
The parties acknowledge that a grievance procedure is beneficial to resolve MOU disputes. The grievance procedure consists of the following steps:

1. Step 1 - Communication with the Human Resources Department:

Whenever an employee or Association believes that there has been a violation, misinterpretation, or misapplication of the terms of this MOU, the employee or Association shall inform the Director of Human Resources in writing of the alleged violation, misinterpretation, or misapplication.

The Director of Human Resources shall either promptly schedule a meeting

with the designated employee or the Association representative to discuss the grievance or may respond in writing within thirty (30) calendar days. If a meeting is scheduled, the Director of Human Resources shall present their determination in writing within thirty (30) calendar days of the meeting. The response will be sent by e-mail to the designated employee or Association representative.

If the grievance is brought by an employee in Human Resources, the City Manager or designee will substitute in the role of the Director of Human Resources.

Following receipt of the response at Step 1 of the grievance procedure, the Association may request that the City agree to submit the grievance to mediation. If the City agrees, then a mediator will be requested by either party from the State Mediation and Conciliation Service. Following completion of the mediation, if the grievance is not resolved, the Association shall have ten (10) calendar days to submit the grievance to Step 2 as described below.

2. Step 2 – Advisory Arbitration: If the employee or Association is not satisfied with the results of Step 1 (or the Director of Human Resources does not respond within the time limits for a response), the employee or Association may move the grievance to advisory arbitration. To do so, the employee or Association must present, in writing, to the Director of Human Resources a document setting forth the alleged violation, misinterpretation, or misapplication of the terms of this MOU and requesting that the grievance be submitted to advisory arbitration. This document must be presented within ten (10) calendar days of the date the Step 1 response was e-mailed to the employee or Association representative or within ten (10) calendar days from the last date the response was due if no response is given.

3. Once received, the Director of Human Resources shall, within thirty (30) days, send a letter to the grievant (either the employee or Association) advising the grievant as to who the City’s representative will be. The grievant shall then contact the City’s representative for the purpose of determining whether the parties can agree on an arbitrator to hear the grievance. If the parties can agree, the representative for the City shall contact the agreed upon arbitrator to determine their availability for the hearing. If the parties cannot reach agreement on an arbitrator, the Director of Human Resources or designee will send a letter to the State Mediation and Conciliation Service requesting a list of seven (7) arbitrators. Once the list is received, the representatives of the parties shall strike names until an arbitrator is chosen. The parties shall toss a coin to determine who shall strike the first name. Once the arbitrator is chosen, the parties will contact the arbitrator to schedule a hearing.

4. During the hearing, the formal rules of evidence do not apply. The cost of the arbitrator, and a court reporter (if the parties agree on the use of a court reporter) shall be equally split between the City and the grievant. If the employee is pursuing a grievance without the support of the Association, the employee shall be responsible for one-half of the costs of the arbitration.

5. Once the arbitrator issues their advisory recommendation, it will be submitted to the City Manager.

6. The arbitrator shall provide copies of their recommendation to both parties’ representatives. Within ten (10) calendar days from the receipt of the arbitrator’s advisory recommendation, the Association (or the employee, if proceeding on their own) and the applicable Department Head may submit to the City Manager a brief statement, not exceeding three (3) double-spaced pages, stating whether they believe the arbitrator's advisory recommendation is correct or not and why.

7. Within thirty-five (35) calendar days of receipt of the arbitrator's advisory recommendation, the City Manager shall issue a written decision and send such decision to the Human Resources Department. The City Manager may accept, reject, or modify the arbitrator's advisory recommendation or any part thereof. The City Manager's decision shall be final and binding.

In reaching their decision, the City Manager shall review the arbitrator's advisory recommendation, the brief statements (if any) submitted by the parties to the City Manager, and the evidence, both documentary and testimonial, and arguments presented to the arbitrator. The Human Resources Department shall provide copies of the City Manager’s decision to the grievant and the applicable Department Head within the same thirty-five (35) calendar days. If the City Manager fails to accept, reject, or modify the arbitrator’s opinion and award within thirty-five (35) calendar days of receipt by the City Manager, it shall be considered accepted.

ARTICLE 25: DISCIPLINE
Although probationary employees may be rejected from probation for any lawful reason, once an employee passes their probationary period, they shall only be subjected to discipline (defined as termination, demotion, suspension, and reduction in pay) if the City can support its position by a preponderance of the evidence. Written reprimands, counseling memos, and written warnings are not subject to this process. Although employees may be subject to such action, there is no right of appeal from such action. However, an employee may submit written comments thereon, which shall be attached to the counseling (or other such document) in the employee’s personnel file. The City acknowledges that discipline is intended to be corrective and not punitive in nature and will follow progressive discipline in order to address any misconduct.

A. Pre-Action Due Process
Prior to being subject to any discipline that results in the loss of pay an employee will first be served with a Notice of Intent to Discipline by their manager or Department Head. This document will set forth the grounds for discipline, the facts supporting the grounds and all evidence the City has relied upon in proposing the discipline. The Notice of Intent to Discipline will also advise the employee of any prior discipline, which the City representative issuing the notice believes is relevant to the current discipline. In addition, the Notice of Intent will advise the employee of their right to respond to the proposed discipline either in writing or orally at a meeting. If the employee does not respond within the time limits, the discipline will be imposed.

If the employee chooses to respond in writing, they must ensure their response is received by the representative who issued the Notice of Intent to Discipline within seven (7) calendar days of receiving the Notice of Intent to Discipline. If the employee wishes to respond orally, they must call or write the City representative who issued the Notice of Intent to Discipline within seven (7) calendar days of receiving the Notice of Intent to Discipline informing the representative that they wish to have an oral response. The City representative will advise the employee when the meeting (known as a Skelly meeting) will take place, which shall occur in a reasonable time.

At the Skelly meeting (assuming the employee wants to respond orally), the employee has the right to be represented. The Skelly meeting is not a hearing. It is an opportunity for the employee and/or their representative to respond to the Notice of Intent to Discipline. The employee may be represented at the Skelly meeting by one on-duty Association representative as well as by an attorney or professional representative if they choose. Under no circumstances may the employee be represented by more than one Association member at the Skelly meeting.

The City representative who will hear the response may or may not be the person who issued the Notice of Intent to Discipline. The decision will either be to impose the proposed discipline, impose no discipline or to impose a lesser discipline. The City representative hearing the response does not have authority to impose discipline that is greater than that which was proposed.

If the discipline is imposed or if it is reduced but there is still discipline imposed which is covered by this procedure, the City representative shall issue a Notice of Discipline. Like the Notice of Intent, the Notice of Discipline shall set forth the grounds, facts, and evidence supporting the discipline as well as any prior discipline relied upon by the City representative in imposing the discipline. The Notice of Discipline will also set forth the employee’s appeal rights advising the employee that if they wish to appeal the discipline, they must do so in writing by serving a Notice of Appeal to the Director of Human Resources within seven (7) calendar days.

The Notice of Discipline will set forth the effective date of the discipline.

B. Disciplinary Appeals
If an employee desires to appeal a disciplinary action, they (or the representative) shall submit a written Notice of Appeal. A representative of the City shall contact either the employee or their identified representative within ten (10) calendar days of receipt of the Notice of Appeal for the purpose of determining whether the parties can agree on an arbitrator to hear the appeal. If the parties can agree, the representative for the City shall contact the agreed upon arbitrator to determine their availability for the hearing. If the parties cannot reach agreement on an arbitrator, the Director of Human Resources or designee will send a letter to the State Mediation and Conciliation Service requesting a list of seven (7) arbitrators. Once the list is received, the representatives of the parties shall strike names until an arbitrator is chosen. The parties shall toss a coin to determine who shall strike the first name. Once the arbitrator is chosen, the parties will contact the arbitrator to schedule a hearing.

During the hearing, the formal rules of evidence do not apply. The cost of the list of arbitrators, the arbitrator themselves, and the court reporter shall be equally split between the City and the Association unless the Association is not financially supporting the appeal by providing representation for the employee. In that case, the City will pay for the arbitration costs. Once the arbitrator issues their advisory recommendation, they will submit it to the City Manager as well as both parties’ representatives.

Within ten (10) calendar days from the receipt of the arbitrator’s advisory recommendation, both parties’ representatives may submit to the City Manager a brief statement, not exceeding three (3) double-spaced pages, stating whether they believe the arbitrator's advisory recommendation is correct or not and why.

Within thirty-five (35) calendar days of receipt of the arbitrator's advisory recommendation, the City Manager shall issue and send their final written decision to the parties.

The City Manager may accept, reject, or modify the arbitrator's advisory recommendation or any part thereof. In no case, however, may the City Manager increase the penalty above that imposed by the Department Head. The City Manager's decision shall be final and binding. In reaching their decision, the City Manager shall review the arbitrator's advisory recommendation, the brief statement (if any) submitted by the parties to the City Manager, and the evidence, both documentary and testimonial, from the arbitration including any arguments presented to the arbitrator.

The employee has the right to appeal the City Manager’s decision in accordance with California Code of Civil Procedure section 1094.6, which provides a 90-day statute of limitations.

ARTICLE 26: ASSOCIATION RELATED BUSINESS
A. Association Representatives
The Association has previously submitted a current list of Association representatives (Board Members and alternates) to the Director of Human Resources (“Director’). Any changes to this list shall be submitted to the Director or designee within ten (10) working days following such changes.

B. Association Time-Off
The City shall allow three Association employee representatives reasonable time off without loss of compensation or other benefits while formally meeting and conferring with representatives of the City on matters within the scope of representation or as may be required by the Grievance Procedure or to represent an employee in a disciplinary matter.

C. Use of City Facilities
Representatives of the Association may use City facilities for general membership meetings with the City as long as approval and prior clearance from the Department Head or designee are obtained. The Association may hold meetings during the noon hour in facilities that are available, subject to approval by the Department Head or designee.

D. Association Business and Training
The Association shall have a bank of 150 hours per contract year for use in conducting Association business. These hours cannot be carried over into the next contract year (i.e., October 1 to September 30). The Association President may be asked to provide a record of the time used by the Department Head at any time and shall produce such record in a reasonable period of time. Association representatives utilizing this time shall notify their supervisors and shall endeavor to provide as much advance notice as possible. Employees must track their use of the one hundred and fifty (150) hours in the City’s timekeeping system by using appropriate payroll codes so that the City’s payroll staff can keep accurate, ongoing records of the amount of leave used for the year at any time.

E. Dues Deduction
The City will deduct dues once each pay period in an amount certified to be current and correct by the President of the Association from the pay of those employees who individually provide written authorization for dues to the Association. The City shall remit the deductions on a bi-weekly basis, when feasible. The total of all such deductions shall be remitted by the City to the Association. This authorization shall remain in full force and effect until and so long as the Association remains a formally recognized employee organization in the City. It is the responsibility of the Association to advise the City of new employees who authorize dues deductions. Such deductions will be made on a prospective basis. The City shall rely on a certification from the Association for the

authorization, modification, or cancellation of any/all dues deductions. The City shall direct employee requests to cancel or change dues deductions to the Association.

F. Demographic Reports
In accordance with Government Code §3555 3559, the City shall provide to Association Representatives the name, hire date, job title, department, work location, work, home, and personal cellular telephone numbers, personal email addresses on file with the City, 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 to Association Representatives with a list of that information for all employees in the bargaining unit at least every 120 days. The City shall provide the information identified herein regardless of whether the newly hired employee was previously employed by the City.

G. New Employee Orientation
The City shall provide written notice to an identified Association Representative when a new employee is hired or promoted into the bargaining unit and provide up to 30 minutes of paid release time for an Association Representative to meet with the new employee for the purpose of discussing membership in the Association. This new employee orientation should take place as promptly as possible on or after the first day of employment. An Association Representative will notify the City when a new employee has signed a membership card authorizing membership dues deduction and when such deductions shall begin.

ARTICLE 27: SAVINGS CLAUSE
If any benefit or provision of this MOU is deemed by a court of competent jurisdiction to be illegal or otherwise unenforceable, the remaining benefits or provisions of the MOU shall remain in full force and effect. In the event of such invalidation the City and Association shall meet and confer in good faith concerning the invalidation of the provision, including whether a replacement benefit or provision is appropriate.

ARTICLE 28: MANAGEMENT RIGHTS
Except as limited by the specific and express terms of this MOU, the City hereby retains and reserves unto itself all rights, powers, authority, duty, and responsibilities confirmed on and vested in it by the law and the Constitution of the State of California and/or United States of America.

The management and the direction of the work force of the City is vested exclusively in the City, and nothing in this MOU is intended to circumscribe or modify the existing rights of the City including but not limited to the direction of the work of its employees. This includes the right to determine the methods, means, and the number and kinds of personnel by which services are to be provided; to implement rules, regulations, and directives consistent with law and the specific

provisions of this MOU; and to determine whether goods or services shall be made or provided by the City or shall be purchased or contracted for; and to contract out bargaining unit work.

The City also has the following rights: to hire, promote, demote, transfer, assign, schedule, and retain employees in positions within the City, subject to the rules and regulations of the City; to reprimand, suspend, reduce in pay, withhold salary increases, or discharge employees for just and proper cause; to maintain and improve the efficiency of governmental operations; to relieve employees from duties because of lack of work or funds; to take action as may be necessary to carry out the City's mission and services in emergencies; to determine the methods, means, and appropriate job classifications (including content); to direct employees, including scheduling and assigning of work and work hours; to determine the organizational structure and personnel by which the operations are to be carried out; to establish reasonable performance standards for personnel, including but not limited to qualifications and quantity standards; and to establish employee performance standards and to require compliance therewith. In addition to the foregoing, the parties agree that the City may demand to meet and confer over the subject of furloughs.

ARTICLE 29: NON-DISCRIMINATION
The parties mutually reaffirm their respective policies of non-discrimination in the treatment of any employee because of race, religion, sexual orientation, medical condition, gender, gender identity, gender expression, color, sex, age, disability, national origin, ancestry, or any other protected classification recognized by the law.

ARTICLE 30: EDUCATION REIMBURSEMENT
Employees in the unit shall be eligible for tuition reimbursement in accordance with the requirements of Administrative Regulation, Number 3A.2.

FOR THE BEVERLY HILLS CONFIDENTIAL EMPLOYEES ASSOCIATION ___________________________ __________________________
Karen Myron Date
___________________________ __________________________
Ilene Knebel Date

FOR THE CITY OF BEVERLY HILLS
___________________________ __________________________
Shelley Ovrom Date
___________________________ __________________________
Kirsten Rowe Date

___________________________ __________________________
Tatiana Szerwinski Date
___________________________ __________________________
Peter Brown Date

EXHIBIT “A”

LIST OF CLASSIFICATIONS REPRESENTED BY THE CONFIDENTIAL EMPLOYEES ASSOCIATION • Administrative Assistant
• City Clerk Assistant
• City Clerk Specialist
• Community Development Commission Specialist
• Executive Assistant
• Executive Assistant to the City Council
• Human Resources Assistant
• Human Resources Associate I
• Human Resources Associate II
• Human Resources Associate III
• Human Resources Specialist
• Management Assistant
• Office Assistant I
• Office Assistant II
• Risk Management Coordinator
• Staff Assistant

EXHIBIT “B”

CONFIDENTIAL EMPLOYEES ASSOCIATION SALARY SCHEDULE

CONFIDENTIAL ASSOCIATION SALARY SCHEDULE
Effective 10/07/2023
Class
Code
Classification Title Salary
Grade
Step 1 Step 2 Step 3 Step 4 Step 5
6133 Administrative Assistant 700-C-50 $5,553.63 $5,852.95 $6,168.61 $6,501.84 $6,853.22 6101 City Clerk Assistant 700-C-55 $5,831.17 $6,145.77 $6,477.62 $6,827.75 $7,197.11 6100 City Clerk Specialist 700-C-78 $7,316.26 $7,718.65 $8,143.18 $8,591.05 $9,063.57 6118 Community Development
Commission Specialist
700-C-70 $6,756.43 $7,128.02 $7,520.07 $7,933.69 $8,370.04 6132 Executive Assistant 700-C-65 $6,429.61 $6,777.05 $7,143.60 $7,530.41 $7,938.38 6122 Executive Assistant to the City
Council
700-C-70 $6,756.43 $7,128.02 $7,520.07 $7,933.69 $8,370.04 6078 Human Resources Assistant 700-C-50 $5,553.63 $5,852.95 $6,168.61 $6,501.84 $6,853.22 6077 Human Resources Associate I 700-C-59 $6,063.48 $6,390.79 $6,736.08 $7,100.46 $7,484.80 6075 Human Resources Associate II 700-C-66 $6,492.80 $6,843.77 $7,213.91 $7,604.55 $8,016.65 Human Resources Associate III 700-C-75 $7,101.09 $7,491.65 $7,903.71 $8,338.40 $8,797.00 Human Resources Specialist 700-C-75 $7,101.09 $7,491.65 $7,903.71 $8,338.40 $8,797.00 6116 Management Assistant 700-C-55 $5,831.17 $6,145.77 $6,477.62 $6,827.75 $7,197.11 6143 Office Assistant I 700-C-30 $4,571.66 $4,816.92 $5,075.65 $5,348.65 $5,636.73 6140 Office Assistant II 700-C-40 $5,038.11 $5,309.00 $5,594.95 $5,896.47 $6,214.64 Risk Management
Coordinator
700-C-75 $7,101.09 $7,491.65 $7,903.71 $8,338.40 $8,797.00 6152 Staff Assistant 700-C-63 $6,305.11 $6,645.71 $7,005.04 $7,384.22 $7,784.19

CONFIDENTIAL ASSOCIATION SALARY SCHEDULE
Effective 9/21/2024
Class
Code
Classification Title Salary
Grade
Step 1 Step 2 Step 3 Step 4 Step 5
6133 Administrative Assistant 700-C-50 $5,803.55 $6,116.33 $6,446.20 $6,794.42 $7,161.62 6101 City Clerk Assistant 700-C-55 $6,093.57 $6,422.33 $6,769.11 $7,135.00 $7,520.98 6100 City Clerk Specialist 700-C-78 $7,645.49 $8,065.99 $8,509.62 $8,977.65 $9,471.43 6118 Community Development
Commission Specialist
700-C-70 $7,060.47 $7,448.78 $7,858.47 $8,290.70 $8,746.70 6132 Executive Assistant 700-C-65 $6,718.94 $7,082.02 $7,465.06 $7,869.28 $8,295.60 6122 Executive Assistant to the City
Council
700-C-70 $7,060.47 $7,448.78 $7,858.47 $8,290.70 $8,746.70 6078 Human Resources Assistant 700-C-50 $5,803.55 $6,116.33 $6,446.20 $6,794.42 $7,161.62 6077 Human Resources Associate I 700-C-59 $6,336.33 $6,678.38 $7,039.20 $7,419.98 $7,821.61 6075 Human Resources Associate II 700-C-66 $6,784.98 $7,151.74 $7,538.53 $7,946.75 $8,377.40 Human Resources Associate III 700-C-75 $7,420.64 $7,828.77 $8,259.37 $8,713.62 $9,192.86 Human Resources Specialist 700-C-75 $7,420.64 $7,828.77 $8,259.37 $8,713.62 $9,192.86 6116 Management Assistant 700-C-55 $6,093.57 $6,422.33 $6,769.11 $7,135.00 $7,520.98 6143 Office Assistant I 700-C-30 $4,777.39 $5,033.68 $5,304.05 $5,589.34 $5,890.38 6140 Office Assistant II 700-C-40 $5,264.83 $5,547.91 $5,846.72 $6,161.81 $6,494.30 Risk Management Coordinator 700-C-75 $7,420.64 $7,828.77 $8,259.37 $8,713.62 $9,192.86 6152 Staff Assistant 700-C-63 $6,588.84 $6,944.77 $7,320.27 $7,716.51 $8,134.48

CONFIDENTIAL ASSOCIATION SALARY SCHEDULE
Effective 9/20/2025
Class
Code
Classification Title Salary
Grade
Step 1 Step 2 Step 3 Step 4 Step 5
6133 Administrative Assistant 700-C-50 $6,064.71 $6,391.56 $6,736.28 $7,100.17 $7,483.89 6101 City Clerk Assistant 700-C-55 $6,367.78 $6,711.33 $7,073.72 $7,456.07 $7,859.42 6100 City Clerk Specialist 700-C-78 $7,989.53 $8,428.96 $8,892.55 $9,381.64 $9,897.64 6118 Community Development
Commission Specialist
700-C-70 $7,378.19 $7,783.98 $8,212.10 $8,663.78 $9,140.30 6132 Executive Assistant 700-C-65 $7,021.29 $7,400.71 $7,800.99 $8,223.40 $8,668.91 6122 Executive Assistant to the City
Council
700-C-70 $7,378.19 $7,783.98 $8,212.10 $8,663.78 $9,140.30 6078 Human Resources Assistant 700-C-50 $6,064.71 $6,391.56 $6,736.28 $7,100.17 $7,483.89 6077 Human Resources Associate I 700-C-59 $6,621.47 $6,978.90 $7,355.97 $7,753.88 $8,173.59 6075 Human Resources Associate II 700-C-66 $7,090.30 $7,473.57 $7,877.77 $8,304.36 $8,754.39 Human Resources Associate III 700-C-75 $7,754.56 $8,181.07 $8,631.04 $9,105.74 $9,606.54 Human Resources Specialist 700-C-75 $7,754.56 $8,181.07 $8,631.04 $9,105.74 $9,606.54 6116 Management Assistant 700-C-55 $6,367.78 $6,711.33 $7,073.72 $7,456.07 $7,859.42 6143 Office Assistant I 700-C-30 $4,992.37 $5,260.20 $5,542.73 $5,840.86 $6,155.45 6140 Office Assistant II 700-C-40 $5,501.74 $5,797.56 $6,109.82 $6,439.10 $6,786.54 Risk Management Coordinator 700-C-75 $7,754.56 $8,181.07 $8,631.04 $9,105.74 $9,606.54 6152 Staff Assistant 700-C-63 $6,885.34 $7,257.29 $7,649.68 $8,063.75 $8,500.53 Attachment 7
Tentative Agreement – October 6, 2023

MEMORANDUM OF UNDERSTANDING

BETWEEN

THE CITY OF BEVERLY HILLS
AND

THE BEVERLY HILLS

SUPERVISORS ASSOCIATION
OCTOBER 71, 202319 – October 26, 20263
i

TABLE OF CONTENTS
Page
CHAPTER 1 - INTRODUCTION......................................................................................................... 1 ARTICLE 1: INTEGRATION.......................................................................................................... 1 ARTICLE 2: TERM....................................................................................................................... 1 CHAPTER 2 - COMPENSATION ....................................................................................................... 1 ARTICLE 3: SALARIES ................................................................................................................. 1 ARTICLE 4: OVERPAYMENT ....................................................................................................... 2 ARTICLE 5: DEFERRED COMPENSATION ................................................................................... 2 A. Deferred Compensation Contribution ............................................................. 2 B. Conversion of Sick Leave to Deferred Compensation ..................................... 2 ARTICLE 6: ADDITIONAL COMPENSATION................................................................................ 3 A. Shift Pay ........................................................................................................... 3 B. Certification Pay................................................................................................ 4 C. Bi-Lingual Pay.................................................................................................... 5 D. Wellness Pay ..................................................................................................... 6 ARTICLE 7: APPOINTMENT AND ADVANCEMENT..................................................................... 7 A. Probationary Period.......................................................................................... 7 B. Step Placement and Advancement Through Range ......................................... 8 C. Salary Placement Upon Promotion................................................................... 8 D. Special Merit Step Advancement...................................................................... 9 E. Reclassification, Promotion and Y-Rating......................................................... 9 F. Request for Reclassification............................................................................ 10 G. Special Assignment Increase........................................................................... 10 H. Temporary Employment................................................................................. 10 I. Superior – Subordinate Relationship.............................................................. 11 J. Filing Position Out Of Classification (FPOC).................................................... 11 CHAPTER 3 - BENEFITS.................................................................................................................. 12 ARTICLE 8: RETIREMENT ......................................................................................................... 12 A. For “Classic Member” Employees................................................................... 12 B. For “New Members” As Defined By the Public Employees’ Pension Reform Act of 2013 (PEPRA)........................................................................................ 13 C. Additional Optional Benefits For All Employees............................................. 14 D. Advancement of Disability Retirement Benefits For Employees Who File For Disability Retirement ...................................................................................... 15 ARTICLE 9: HEALTH BENEFITS ................................................................................................. 15 A. Cafeteria Plan and Benefits............................................................................. 15 B. Flexible Spending Account (FSA)..................................................................... 18 ii
ARTICLE 10: RETIREE MEDICAL INSURANCE ........................................................................... 18 A. Tier 1: Employees Hired Prior to January 1, 2010 .......................................... 18 B. Tier 2: Employees Hired On Or After January 1, 2010.................................... 19 C. Purchasing Additional Insurance If Funds Are Insufficient to Cover The Cost of Chosen Benefits .............................................................................................. 19 ARTICLE 11: LIFE AND LONG TERM DISABILITY INSURANCE................................................... 19 A. City –Provided Insurance ................................................................................ 19 B. Optional Additional Life Insurance ................................................................. 20 ARTICLE 12: TUITION REIMBURSEMENT................................................................................. 20 ARTICLE 13: TOOLS, UNIFORMS, SAFETY BOOTS, AND SAFETY GLASSES............................... 20 A. Tool Allowance................................................................................................ 20 B. Uniforms ......................................................................................................... 21 C. Safety Boot Reimbursement........................................................................... 21 D. Safety Glasses ................................................................................................. 21 ARTICLE 14: BENEFIT PAY-OFF UPON SEPARATION FROM CITY SERVICE .............................. 21 A. Vacation Pay-Off ............................................................................................. 21 B. Sick Leave Pay-Off........................................................................................... 21 C. Pay for Employees Subject to Layoff .............................................................. 22 CHAPTER 4 - WORK HOURS.......................................................................................................... 22 ARTICLE 15: HOURS, WORKWEEKS AND WORK SCHEDULES ................................................. 22 A. Workweek and Work Schedule....................................................................... 22 B. Hours of Operation ......................................................................................... 23 C. Rest Periods .................................................................................................... 23 D. Meal Periods................................................................................................... 23 ARTICLE 16: OVERTIME........................................................................................................... 24 A. Accurately Reporting Time Worked................................................................ 24 B. Earning Overtime and Assigning Overtime Work........................................... 25 C. Compensatory Time........................................................................................ 25 ARTICLE 17: STAND-BY AND CALL BACK ................................................................................. 26 A. Stand-by .......................................................................................................... 26 B. Call Back .......................................................................................................... 26 CHAPTER 5 - LEAVES OF ABSENCE ............................................................................................... 27 ARTICLE 18: SICK LEAVE .......................................................................................................... 27 ARTICLE 19: VACATION........................................................................................................... 28 A. Authorization For Taking Vacation ................................................................. 28 B. Accumulation .................................................................................................. 28 C. Request To Use Vacation ................................................................................ 29 D. Vacation Allowances....................................................................................... 29 iii
ARTICLE 20: HOLIDAYS ............................................................................................................ 30 A. Holidays........................................................................................................... 30 B. Personal Holidays............................................................................................ 31 ARTICLE 21: BEREAVEMENT LEAVE......................................................................................... 32 ARTICLE 22: INDUSTRIAL DISABILITY LEAVE ........................................................................... 32 A. Salary Continuance ......................................................................................... 32 B. Benefits Continuation ..................................................................................... 33 ARTICLE 23: JURY DUTY & WITNESS LEAVE ............................................................................ 33 A. Jury Duty ......................................................................................................... 33 B. Witness Leave ................................................................................................. 34 ARTICLE 24: LEAVE WITHOUT PAY.......................................................................................... 34 ARTICLE 25: PROFESSIONAL DEVELOPMENT PROGRAM - SABBATICAL LEAVE...................... 34 CHAPTER 6 - EMPLOYER-EMPLOYEE RELATIONS ........................................................................ 36 ARTICLE 26: NON-DISCRIMINATION ....................................................................................... 36 ARTICLE 27: MANAGEMENT RIGHTS ...................................................................................... 36 ARTICLE 28: CONTRACTING OUT ............................................................................................ 36 A. Bargaining Obligation and RFP’s..................................................................... 36 B. Emergency Contracting Out Not Requiring Meet and Confer........................ 37 ARTICLE 29: ASSOCIATION RELATED BUSINESS ...................................................................... 37 A. Association Representatives........................................................................... 37 B. Association Business Time Off........................................................................ 37 C. Use of City Facilities........................................................................................ 38 D. Dues Deduction............................................................................................... 38 E. Bulletin Boards................................................................................................ 38 ARTICLE 30: GRIEVANCE PROCEDURE .................................................................................... 38 A. Definition of a Grievance ................................................................................ 39 B. Timeliness of a Grievance ............................................................................... 39 C. Grievance Procedure ...................................................................................... 39 ARTICLE 31: DISCIPLINE........................................................................................................... 40 A. Pre-Action Due Process................................................................................... 41 B. Disciplinary Appeals........................................................................................ 42 ARTICLE 32: PERSONNEL FILES................................................................................................ 43 ARTICLE 33: JOB DESCRIPTIONS.............................................................................................. 43 ARTICLE 34: ADMINISTRATIVE CODE & PERSONNEL RULES AND REGULATIONS................... 44 ARTICLE 35: SAVINGS CLAUSE................................................................................................. 44 EXHIBIT “A”: LIST OF CLASSIFICATIONS REPRESENTED BY THE ASSOCIATION....................... 46 EXHIBIT “B”: SALARY SCHEDULES AND MATRICES FOR TERM OF CONTRACT ....................... 47

SUPERVISORS ASSOCIATION

MEMORANDUM OF UNDERSTANDING
CHAPTER 1 - INTRODUCTION
The Supervisors Association of Beverly Hills (hereinafter referred to as “SUP” or “Association”), a formally recognized employee organization, representing all its members within the Supervisors Association (hereinafter referred to as "Employees"), and duly authorized representatives of the management of the City of Beverly Hills (hereinafter referred to as "the City"), have met and conferred in good faith, freely exchanging information, opinions, and proposals, and have reached the following agreement (hereinafter referred to as “MOU” or “agreement”) on matters within the scope of representation. A list of all of the classifications represented by the SUP is attached to this MOU as Exhibit A.

Now, therefore, the parties agree and mutually recommend to the City Council the following for its determination:

ARTICLE 1: INTEGRATION
This document embodies a written memorandum of the entire understanding and mutual agreement of the parties as required by Government Code Section 3505.1 and supersedes all prior Memoranda of Understanding and verbal agreements between the parties hereto.

It is recognized that there exist now certain past practices or procedures which are in force and effect which affect wages, hours, and working conditions. To that extent, it is agreed that such practices, policies, and procedures shall remain in force and effect during the term of this agreement, unless they are inconsistent with provisions of this MOU, or unless changed by the meet & and confer process. This MOU is subject to a determination and implementation by the City Council pursuant to Government Code Section 3505.1.

ARTICLE 2: TERM
Unless otherwise specified herein, this MOU shall be effective October 71, 202319 and shall expire on October 26, 20263.

During the term of the MOU, the parties can reopen negotiations to discuss the City’s modification to the Performance Evaluation process (including the evaluation form)appropriate reimbursement for use of cell phones by employees in the unit.

CHAPTER 2 - COMPENSATION
ARTICLE 3: SALARIES

Effective the pay period including October 1, 2019, employees will receive a base salary increase of two percent (2.0%).

Effective the pay period including October 1, 2020, employees will receive a base salary increase of two percent (2.0%).

Effective the pay period including October 1, 2021, employees will receive a base salary increase of two percent (2.0%).

Effective the pay period including October 1, 2022, employees will receive a base salary increase of two percent (2.0%).

Effective October 7, 2023, employees will receive a base salary increase of four and forty-nine one hundredths percent (4.49%).

Effective the pay period including October 1, 2024, employees will receive a base salary increase of Council approval of this MOU, employees will receive a base salary increase of four and one half percent (4.50%).

Effective the pay period including October 1, 2025, employees will receive a base salary increase of four and one half percent (4.50%).

The salary schedules for the duration of the MOU are attached hereto as Exhibit “B”.

ARTICLE 4: OVERPAYMENT
If an employee receives more compensation (whether in the form of salary, overtime or any other form of compensation contained in this MOU), than he/shethey areis entitled to receive (i.e., is overpaid), the City will inform the employee. The City will work with the employee to reconcile the overpayment and, if overpaid, will work to create a repayment schedule.

If an employee is separating from the City and there is a mutual agreement between the City and employee that the employee has been overpaid and the amount of the overpayment, the City shall recover the overpayment by reducing the value of the employee’s accrued leaves from which the employee would otherwise be entitled to receive a cash payment. If the value of such accrued leave does not cover the entire overpayment, the employee will still be required to reimburse the City for the remainder of the overpayment. If the value of accrued leaves (for which an employee is entitled to cash out) exceed the overpayment, the employee will still be cashed out for the remainder of their accrued leaves. If there is not an agreement that the employee has been overpaid and the amount of the overpayment, this paragraph shall not apply.

ARTICLE 5: DEFERRED COMPENSATION

A. Deferred Compensation Contribution
The City shall contribute $100.00 per month per employee to a deferred compensation account.

In addition to the City’s contribution to deferred compensation described in the first paragraph, any employee may elect to contribute to his/hertheir own deferred compensation account from his/hertheir regular wages up to the maximum deferrals specified by law and/or plan rules. In accordance with the tax rules, any cash that an employee may receive through the cafeteria plan may not be deferred to the employee’s accounts under the City’s retirement plans.

B. Conversion of Sick Leave to Deferred Compensation
Employees may choose to contribute part of their accumulated sick leave to deferred compensation. Per IRS regulations, The converted sick leave may only be used to fund “catch up” contributions to deferred compensation, therefore, an employee must first contribute the maximum to their respective deferred compensation account before they are permitted to use their sick leave to make “catch up” contributions. The following restrictions apply to this program:

1. The employee must have a minimum of 15 years of service with the City of Beverly Hills.

2. The employee’s sick leave balance cannot be reduced below 500 hours by the contribution.

3. Contribution amounts and deferral limits will be governed by IRS Code restrictions and the deferred compensation plan rules related to “catch-up” contributions.

4. An employee may only convert the amount of sick leave they would be eligible to receive if they separated from service at the time of the sick leave conversion to deferred compensation.

4. The first time an employee invokes this provision, an employee may only convert up to the amount of sick leave he/she would be eligible to receive if he/she separated from service at the time of the sick leave conversion to deferred compensation less 500 hours.

5. Subsequently, the number of sick leave hours eligible for conversion to deferred compensation will be determined by combining the elements below. • The accumulated sick leave payoff percentage will be applied to new sick leave hours accrued after a conversion.
• The incremental increase in the sick leave payoff percentage since the most recent conversion will be applied to the remaining sick leave balance after a conversion.

ARTICLE 6: ADDITIONAL COMPENSATION
No compensation adjustments authorized by this article shall become effective until an official transaction form authorizing the adjustment is approved by the Human Resources DirectorDirector of Human Resources.

A. Shift Pay

1. Definitions:
a. Day shift means any authorized work schedules assigned except swing or night shift as defined in this article.
b. Swing shift means authorized work schedules regularly assigned in which at least four (4) hours worked are between the hours of 5:00 p.m. and 1:00 a.m. of each workday.
c. Night shift means authorized work schedules regularly assigned in which at least four (4) hours worked are between the hours of 11:00 p.m. and 8:00 a.m. of each workday.

2. Shift Pay
a. Employees assigned to a swing shift shall receive a shift differential of 3% of base salary just for the days when the swing shift occurs. b. Employees assigned to a night shift shall receive a shift differential of 6% of base salary.
c. An employee assigned to a shift which qualifies as both a swing shift and a night shift (e.g., a shift from 8:00 p.m. to 5:30 a.m.) is considered a night shift in determining eligibility of shift pay.

The parties agree that to the extent permitted by law, the compensation for shift pay is special compensation and shall be reported as such pursuant to Title 2 CCR, Section 571(a)(4) and 571.1(b)(3) Shift Differential B. Certification Pay
Employees are eligible for the following certification pays. The effective date of the provision for such pay is the first day of the pay period following when the certification (not the certificate) has been issued. Once issued, an employee is required to promptly provide the certification to their Department Head so the necessary personnel action forms can be completed to add the certification pay.

1. Water Utility: Any water treatment and distribution certificates achieved by employees in water classifications which are above the requirements of the job will be paid at $50.00 per month per certificate. $50 for the first certificate, $100 per month for the second certificate, $150 per month for the third certificate, etc. These certificate pays do not stack. For example, if an employee receives $150 for the third certificate, he/shethey will not receive pay for the first and second certificates. This includes D1-D5 and T1-T5.

The parties agree that to the extent permitted by law, the compensation for water treatment and distribution certificates is special compensation and shall be reported as such pursuant to Title 2 CCR, Section 571(a)(2) and Section 571.1(b)(2) Educational Incentive Pay.

2. Wastewater Utility: Collection System Maintenance Certification, Grade IV - $25.00/mo.: Offered through the California Water Environment Association (CWEA)
Eligible position(s): Drainage Maintenance Supervisor

3. Fleet Services:
a. Master Automobile Technician Certificate - $50.00/mo.: Offered through the ASE Automobile Technician Tests
Eligible position(s): Fleet Supervisor
In order to be eligible for this pay, an employee must complete all eight sections of the certification program
The parties agree that to the extent permitted by law, the compensation for Master Automobile Technician is special compensation and shall be reported

as such pursuant to Title 2 CCR, Section 571(a)(2) and Section 571.1(b)(2) Educational Incentive Pay.
b. Master Truck Technician Certificate - $50.00/mo.: Offered through the ASE Automobile Technician Tests
Eligible position(s): Fleet Supervisor
In order to be eligible for this pay, an employee must complete all required sections to obtain an ASE master certificate
c. Emergency Vehicle TechnicianFire Mechanic I Certificate - $25.00/mo.:

Offered through the California Fire Chief's Association, Fire Mechanic Section Eligible position(s): Fleet Supervisor
d. Emergency Vehicle TechnicianFire Mechanic II Certificate - $25.00/mo.:

Offered through the California Fire Chief's Association, Fire Mechanic Section Eligible position(s): Fleet Supervisor
e. Emergency Vehicle TechnicianMaster Fire Mechanic Certificateion, Level III - $50.00/mo.: Offered through the California Fire Chief's Association, Fire Mechanic Section
Eligible position(s): Fleet Supervisor
For the certifications provided above, when they are part of a progressive series, the pay shall be cumulative.

Certifications which were being paid on the effective date of this MOU will continue to be paid to the employees who were receiving them.

C. Bil-Lingual Pay
The City shall pay 3% above base salary to employees who are approved by their department headDepartment Head and the Director of Human Resources to become certified by the County of Los Angeles or other agencies approved by the City. The certification of tests is required for written and oral proficiency in Spanish, Farsi, Korean, Russian, Sign or any other language designated by the City. Those employees who receive a bi-lingual pay will be required to speak the alternate language in the course and scope of their employment. In addition, if receiving the pay, an employee may be asked to assist in translating even if unrelated to his/hertheir specific job duties. The initial fees for any testing required to obtain certification shall be borne

by the City. If the employee fails to obtain the certification, subsequent attempts will be paid for by the employees.

The parties agree that to the extent permitted by law, the compensation for Bilingual bilingual Pay pay is special compensation and shall be reported as such pursuant to Title 2 CCR, Section 571(a)(4) and Section 571.1(b)(3) Bilingual Premium.

D. Wellness Pay
The City agrees that effective the pay period including October 1, 2019, employees in the unit will receive two one half of one percent (2.00.5%) of each employee’s annual base pay for wellness pay. Wellness pay is provided to employees to promote wellness. This includes, but is not limited to, purchase of gym memberships, physical fitness equipment or medical exams or treatments designed to improve overall employee health. The City and SUP the Association agree that this form of pay does not qualify as special compensation per Title 2 Section 571 or 571.1 and is therefore not pensionable.

Effective the pay period including October 1, 2020, the City agrees that employees in the unit will receive an additional one half of one percent (0.5%) (for a total of 1% of annual base pay) for wellness pay.

Effective the pay period including October 1, 2021, the City agrees that employees in the unit will receive an additional one half of one percent (0.5%) (for a total of 1.5% of annual base pay) for wellness pay. However, if the City’s Fiscal Year 2021-2022 Employer Miscellaneous Normal Cost Rate exceeds 10.303% (the 2020-2021 rate), employees in the unit will cost share (in accordance with Government Code section 20516(f)) as follows:

Classic Employees: One-half (1/2) of the amount by which the Fiscal Year 2021-2022 Employer Miscellaneous Normal Cost Rate exceeds 10.303% up to a maximum of 0.5% of compensation earnable.

New Members as defined by the Public Employees’ Pension Reform Act of 2013: Onehalf (1/2) of the amount by which the Fiscal Year 2021-2022 Employer Miscellaneous Normal Cost Rate exceeds 10.303% up to a maximum of 0.5% of pensionable compensation.

This cost share would be effective the first day of the pay period including October 1, 2021. For example, if the City’s Fiscal Year 2021-2022 Employer Miscellaneous Normal Cost Rate increases to 10.903% (a 0.6% increase), employees will cost share 0.3%. If the City’s Fiscal Year 2021-2022 Employer Miscellaneous Normal Cost Rate increases to 12% (which is more than 1% above the 2020-2021 rate), the employees shall cost share 0.5%, the maximum amount. Rate increases will be applied to the one thousandth of a percent. If there is rounding necessary, the City will round up.

Effective the pay period including October 1, 2022, the City agrees that employees in the unit will receive an additional one half of one percent (0.5%) (for a total of 2.0% of annual base pay) for wellness pay. However, if the City’s Fiscal Year 2022-2023 Employer Miscellaneous Normal Cost Rate exceeds 10.303%, (the 2020-2021 Rate) employees in the unit will cost share on an ongoing basis (in accordance with Government Code section 20516(f)) as follows:

Classic Employees: One-half (1/2) of the amount by which the Fiscal Year 2022-2023 Employer Miscellaneous Normal Cost Rate exceeds 10.303% up to a maximum of 1.0% of compensation earnable.

New Members as defined by the Public Employees’ Pension Reform Act of 2013: Onehalf (1/2) of the amount by which the Fiscal Year 2022-2023 Employer Miscellaneous Normal Cost Rate exceeds 10.303% up to a maximum of 1.0% of pensionable compensation.

This cost share would be effective the first day of the pay period including October 1, 2022. For example, if the City’s Fiscal Year 2022-2023 Employer Miscellaneous Normal Cost Rate increases to 11.503% (a 1.2% increase over the 2020-2021 rate), employees will cost share 0.6% on an ongoing basis. If the City’s Fiscal Year 2022-2023 Employer Miscellaneous Normal Cost Rate increases to 12.5% (which is more than 2% above the 2020-2021 rate), the employees will cost share 1.0%, the maximum amount. Rate increases will be applied to the one thousandth of a percent. If there is rounding necessary, the City will round up.

If the City’s Fiscal Year 2022-2023 Employer Miscellaneous Normal Cost Rate is lower than the City’s Fiscal Year 2021-2022 Employer Miscellaneous Normal Cost Rate, the employees will cost share, on an ongoing basis, the amount they started to cost share at the beginning of the pay period including October 1, 2021, but it will not be reduced. If the City’s Fiscal Year 2022-2023 Employer Miscellaneous Normal Cost Rate is higher than the City’s Fiscal Year 2021-2022 Employer Miscellaneous Normal Cost Rate, the employees will cost share as described above effective October 1, 2022 on an ongoing basis, but not in addition to the amount of the cost share the employees will be pay beginning with the pay period including October 1, 2021. The maximum cost share an employee can pay effective October 1, 2022 is one percent (1.0%).

If the Association ever informs the City that it no longer agrees to cost share, the employees’ wellness pay will be reduced by the same percentage as reduction in the cost share.

ARTICLE 7: APPOINTMENT AND ADVANCEMENT
A. Probationary Period
The probationary period for all positions in the bargaining unit shall be one year.

A department headDepartment Head has the right to extend an employee’s probationary period for two reasons: 1) the employee has missed at least 15 work days during his/hertheir probationary period; or 2) based on an employee’s work performance, the department

headDepartment Head wants more time to determine whether the employee will be passed off probation. If the reason for the extension is days missed from work during probation, the probationary period will be extended by the number of workdays the employee has missed (for any reason), excluding approved vacation leaves during his/hertheir probationary period. If the reason for the extension is work performance, the probationary period cannot be extended by more than an additional six (6) months. In all cases, the City will inform a probationary employee in writing that his or hertheir probation has been extended prior to any extension and will inform such employee of the new date upon which his or hertheir probationary period will end.

Employees on probation (including probation for a position into which an employee has promoted) shall be eligible to apply for an open recruitment and a promotion.

B. Step Placement and Advancement Through Range
Employees will be appointed into a position which is on the salary schedule with a prescribed range. Normally, employees shall be appointed to the first step (although they can ask to be appointed above the first step, if appropriate based on experience) and shall be eligible to be advanced through the five (5) basic steps in their allocated ranges as follows:

1. For employees starting at Step 1 through 4 of the salary range: After one (1) year of satisfactory service and each year annually thereafter (i.e., the anniversary date), an employee shall be eligible for a salary increase to the next step of the range up to top step of the salary range. The effective date of the step increase shall be employee’s anniversary date. Employees hired prior to the date of City Council approval of this 2019-2023 MOU, who were at Step 1 at the time of approval, shall receive a salary step increase to Step 2 after six (6) months of satisfactory service. They shall then be eligible for salary step increases to Steps 3 through 5 after one (1) year of satisfactory service and each year thereafter.

2. Employees shall advance to the next step unless they receive a timely performance evaluation (i.e., within one calendar week of the employee’s anniversary date) indicating that their performance does not merit an increase, in which case, the step advancement may be withheld or delayed. An employee whose evaluation is timely given (i.e., within one calendar week of the employee’s anniversary date) and whose overall performance is less than “meets standards”, may have his or her merit increase withheld or delayed.

3. All increases are recommended by the employee's supervisor and the Appointing Authority (as defined throughout this MOU as each employee’s department head or designee), and approved by the Human Resources Director.

C. Salary Placement Upon Promotion

Every employee who is promoted shall be appointed to the first step of the salary range of the new classification or at least 5% above the step and range of his/hertheir previous classification, whichever is higher. In no event shall the promoted employee be placed above step 5 of the new range (even if placement at step 5 does not provide a minimum five percent (5%) base salary increase). The effective date of the promotion shall be the first day of the pay period following the promotion date. The employee’s anniversary date for the position into which the employee is promoted (which determines step increases for that position) shall be the effective date of the promotion.

D. Special Merit Step Advancement
The City Manager may, upon the recommendation of the employee’s department headDepartment Head and the Human Resources DirectorDirector of Human Resources, authorize the advancement of an employee to any of the four (4) steps earlier than he/shethey would normally be eligible for length of service. Such increases shall be effective on the first day of the pay period following approval by the City Manager, if not otherwise specified by the Appointing Authority. Employees will then be eligible for regular step increases annually on the anniversary of the special merit advancement.

E. Reclassification, Promotion and Y-Rating

1. Reclassification: When a position in the unit is reclassified upward, the employee in the position may be appointed to the reclassified position, providing that:
a. The employee has held the position which was reclassified for a minimum of ninety calendar (90) days immediately prior to the reclassification; and b. The employee meets the qualifications established for the reclassified position.

If the employee does not meet both of the above criteria, the reclassified position shall be filled through a recruitment process.

2. Y-Rating: The City may offer to “Y”-rate an employee whose position has been eliminated, reclassified downward, or for some other reason which has caused the compensation of a position to be reduced. In the event an employee in a position is Y-rated, the employee's monthly base salary shall not be increased until the monthly base salary of the position held by that employee exceeds the monthly salary paid to that employee.

3. Compensation After Reclassification: Every employee who is appointed to a position which is reclassified upward shall be appointed to the first step of the salary range of

the new classification or at least 5% above the step and range of his/hertheir previous classification, whichever is higher.

F. Request for Reclassification
If an employee, SUP or a Department believes the duties and responsibilities of a position have changed and are no longer accurately described by the job description for the classification for her/his position, the classification, the employee, SUP or a Department may make a request for reclassification to the Human Resources DirectorDirector of Human Resources or designee.

Such requests shall be made in writing using a form specified by the Human Resources Department and a copy of which will be given to each potentially impacted employee’s respective department head at the initial filing.

For employee or SUP requests, a reclassification study may not be requested more than one time every two years for the same classification. Additionally, Human Resources will review each request and determine whether to move forward with the requested reclassification study. If SUP disagrees with Human Resources’ decision, Human Resources and SUP will meet.

If as a result of that meeting, an agreement between Human Resources and the SUP is not reached, the reclassification study will be conducted.

All employee, SUP and Department initiated requests for a given fiscal year must be submitted to Human Resources between July 1 and July 31 no later than September 15th (however, for 2019, the last date to file a request is December 1st) for implementation in the next fiscal year.

Before a request for reclassification can be submitted, the employee must have been performing duties that are not accurately described by the employee’s job description for at least nine (9) months.

If a request for reclassification is made, there shall be no changes to the employee’s wages, hours, or working conditions as a result of the reclassification without first completing the meet and confer process with the Association.

The Human Resources DirectorDirector of Human Resources or designee shall conduct have a classification study of the positionconducted on the position and report the results of the study to the City Manager prior to City Council budget presentations. A copy of the classification study report shall be provided to the employees affected and the SUPprior to City Council budget presentations. If a reclassification or salary adjustment is recommended and approved, the affected employee(s) will be reclassified If classification specifications are modified in such a manner as to necessitate a change in compensation level, or if an employee is reclassified as long as employees have been working in the position for at least nine months, the change shall be effective the next July 1 (or the effective date of the next City budget).

The decision of the City Manager shall be final. In the event the reclassification request is denied, neither the employee nor the SUP have the right to grieve the decision.

This procedure relates only to the request of an employee or the SUP for reclassification.

G. Special Assignment Increase
A special assignment increase may be granted (upon approval of the Human Resources DirectorDirector of Human Resources) to an employee by a Department HeadDepartment Head without following the above procedures if the Department Head believes such action is in the best interests of the respective Department provided that the employee is clearly performing specific duties above and beyond that required by his/hertheir classification while not assigned or authorized to be filling a position out of classification. The Appointing Authority shall submit his/hertheir recommendation and justification to the Human Resources DirectorDirector of Human Resources for approval. The Human Resources DirectorDirector of Human Resources will review the recommendation and determine whether it is warranted given the standards of this section. Said increase shall be 6% above the base salary paid to the employee. Annually, a review by the Human Resources DirectorDirector of Human Resources of the special assignment shall be made to determine if it is still warranted.

H. Temporary Employment
Temporary employees may be hired by the City to backfill for an employee on a leave of absence, if an incumbent leaves City employment and there is not an active eligibility list, and the City has a temporary need for an employee. Temporary employees (one or more) can be hired for 180 days maximum (cumulative total if more than one is temporary employee is hired), except a temporary employee hired to backfill for an employee who is on a medical leave of absence. The City may hire the same person to work as a temporary employee for a different vacancy or leave. If the City needs an extension of the 180 days, it may ask the Association to grant it. The Association must grant the first extension up to 90 days. After that, an additional extension requires the City show good cause and the City must meet and confer with the Association regarding the additional extension.

In addition to the previous paragraph, a person may be hired to a temporary appointment (to perform bargaining unit work) for up to a maximum of 180 days as determined by the department to satisfy a temporary need. Prior to hiring a temporary employee who is hired neither to replace an employee absent from duty nor to fill a vacancy (i.e., a determined short term (180 day or less) need), any such work will first be offered to bargaining unit members on an overtime basis. If such work can be done by employees, a temporary employee will not be hired. If all the work offered on an overtime basis to bargaining unit members is not accepted by employees, the City may also appoint persons on a temporary basis to perform the work not accepted by the employees on an overtime basis.

I. Superior - Subordinate Relationship
For the purpose of this section, a superior-subordinate relationship is defined as a relationship in which a classification has the responsibility for the direct supervision of another classification.

In such a relationship, the superior shall be paid a monthly salary rate above his/hertheir subordinates. When a subordinate's monthly salary rate is equal to or exceeds that which is being paid to his/hertheir superior, the superior shall receive a special adjustment of 3% above the salary received by his/hertheir highest paid subordinate.

At any time the superior's base salary (excluding this salary adjustment) exceeds 3% above the base salary of his/hertheir subordinates, the salary adjustment granted to him/her by this section shall be eliminated.

Monthly salary rate is defined as the base monthly salary paid to a position. Excluded from salary computations for this provision are any bonuses paid, shift differentials, overtime payments, or any additional payment to a position.

J. Filling Position Out Of Classification (FPOC)
As the result of departmental need and while so assigned, eE Every employee assigned to and working in a classification with a salary range above that of the employee's regularly assigned position shall receive FPOC pay. When an employee is eligible for FPOC and is assigned and performs the duties of the higher classification, the employee shall be placed at the step of the higher classification which is at least 5% above the pay step of his/hertheir regular classification, provided that no rate higher than the fifth step, nor lower than the first step of the salary schedule is provided. Probationary employees are not eligible to fill a position out of classification.

1. Where an employee is assigned to fill a position out of classification with less than two weeks’ notice, the FPOC can be approved (and the employee is then authorized to be paid) by an email where the Department Head approves it. The employee will not be required to perform the FPOC work until he/shethey receives written approval (in the form of an email from the Department Head) authorizing the work and pay. The Department shall complete the necessary personnel forms (personnel action form and FPOC request form) and submit them to Human Resources.

2. Where the employee is assigned to fill a position out of classification with more than two weeks’ notice (i.e., the FPOC work will be performed more than two weeks after the request is made) the process for approval requires that established departmental procedures are followed and authorization from the Department Head or designee is obtained. This requires the completion and approval of the necessary personnel forms (personnel action form and FPOC request form) submitted to Human Resources.

To be eligible for compensation for filling a position out of classification, the employee has to meet the criteria for the higher classification and be capable of performing those specific tasks

which he/shethey will be performing during this acting time and which differentiates it from the lower classification.

Employees assigned to fill positions out of classification shall not acquire status or credit for services in the higher class and may be returned to their regular position at any time.

Employees receiving FPOC pay shall not receive the pay when on vacation or sick leave for three calendar weeks or longer.

The parties agree that to the extent permitted by law, the compensation for FPOC is special compensation for “classic member” employees and shall be reported as such pursuant to Title 2 CCR, Section 571(a)(3) Temporary Upgrade Pay.

CHAPTER 3 - BENEFITS
ARTICLE 8: RETIREMENT
The City contracts with CalPERS for retirement benefits. The benefits provided herein are provided per the Public Employees’ Retirement Law (the “PERL”) as well as the City’s contract with CalPERS. The PERL and the City’s contract with CalPERS shall control over any provision of this MOU which is inconsistent with the law or the City’s contract with CalPERS.

A. For “Classic Member” Employees

1. An individual hired on or after January 1, 2013 who was employed by any public employer before January 1, 2013 and who does not meet the definition of “New Member” under the PEPRA will be designated as a “Classic Member”. “Classic Members” are defined as those individuals who are:
a. Working for an employer providing CalPERS retirement benefits who begins employment with the City without a break in service or a break in service of six (6) months or less; or
b. Current member of a public retirement system or plan with reciprocity with CalPERS.

2. Retirement Formula: The City contracts with CalPERS to provide the 2.5% at 55 retirement formula set forth in California Government Code Section 21354.4.

3. Single Highest Year: The City's contract with CalPERS provides for the "Single Highest Year" retirement benefit for miscellaneous employees of which “classic member” employees in the unit are included per Government Code section 20042. The retirement benefit is based on the highest annual compensation for the one year during the employee's membership in CalPERS.

4. Payment of Employee/Member Contribution: Classic Members pay their 8% Member Contribution.

B. For “New Members” As Defined By the Public Employees’ Pension Reform Act of 2013 (PEPRA)

1. A “New Member” as defined by PEPRA is an employee who becomes a member of a public retirement system for the first time on or after January 1, 2013 and:
a. Was not a member of a public retirement system before January 1, 2013; or b. Was a member of a public retirement system before January 1, 2013 that is not subject to reciprocity with CalPERS; or
c. Alternatively, anyone who was an active member of a retirement system, has a break in service of more than six (6) months, and returns to active membership in the same system with a new employer.

2. Retirement Formula: Unit members who are defined as “new members” under the PEPRA, are covered by the 2%@ 62 formula provided for by the Public Employees’ Retirement Law at Government Code section 7522.20(a).

3. Retirement Benefit Calculation Period: For unit members defined as “new members” under the PEPRA such employees’ final compensation will be based on the highest annual average compensation earnable during the three consecutive years of employment immediately preceding the effective date of his or hertheir retirement or any other three consecutive year period chosen by the employee as set forth in Government Code section 7522.32(a).

4. Payment of Employee/Member Contribution: New member employees are responsible for paying the employee contribution of one-half of the total normal cost of the plan, as defined by CalPERS, through a payroll deduction. This amount will be determined by CalPERS in the future. The cost sharing provision below does not change this responsibility for paying one-half the normal cost, which is defined in the annual actuarial valuation report provided by CalPERS.

The City has adopted the CalPERS resolution in accordance with IRS Code section 414(h)(2) to ensure that the employee contribution is made on a pre-tax basis.

In addition, new members pay an additional amount for their retirement contribution as cost sharing in accordance with Government Code section 20516(f). That amount will be the difference between the half the normal cost amount and eight percent so that their total retirement contribution will be eight percent (8%). If the half the normal cost rate equals or exceeds eight (8%) employees will not be required to cost share.

C. Additional Optional Benefits For All Employees

1. 1959 Survivor's Benefit: The City’s contract with CalPERS provides Level 4 coverage under the 1959 Survivor's Benefit per Government Code section 21574.

2. Pre-Retirement Option 2 Benefit: The City’s contract with CalPERS provides for Pre-Retirement Optional Settlement 2 Benefit as set forth in Government Code Section 21548 for employees in the unit.

3. Military Service Credit: The City’s contract with CalPERS provides the Military Service Credit option set forth in Government Code section 21024.

4. Pre-Retirement Death Benefits: The City’s contract with CalPERS provides the benefit known as the pre-retirement death benefits to continue after remarriage of survivor as set forth in Government Code section 21551.

5. Cost of Living Allowance: The City’s contract with CalPERS provides the benefit known as the 2% Cost of Living Allowance Increase as set forth in Government Code section 21329.

6. Retired Death Benefit: The City’s contract with CalPERS provides the $500 Retired Death benefit as set forth in Government Code section 21620.

7. Prior Service: The City’s contract with CalPERS provides the prior service benefit as set forth in Government Code section 20055.

D. Advancement of Disability Retirement Benefits For Employees Who File For Disability Retirement
In the event an employee who has been certified as disabled files an application for disability retirement and the City does not dispute the employee’s application, the City will advance disability retirement payments to the retiree until there is a determination from CalPERS as to whether the application will be granted or not. Once that determination is made by PERS (that the employee qualifies for disability retirement) the City will be reimbursed for the advanced disability payments. If the City disputes the application for disability retirement, no advanced disability retirement payments will be provided. In the case of an employee who files for service retirement pending his/hertheir application for disability retirement which the City disputes, the City will advance only that portion of the retiree’s pension that is undisputed.

ARTICLE 9: HEALTH BENEFITS

A. Cafeteria Plan and Benefits:

1. Cafeteria Plan and Benefits
The City will provide current employees with flexible benefits through a cafeteria plan as provided below.

Any language contained in this MOU which is also contained in the cafeteria plan documents is done so for the convenience of the parties. However, the parties agree that all of the provisions of the cafeteria plan documents (whether included in this MOU or not) are applicable and binding on the parties to this MOU.

The following insurance benefits provided for in this Article will be provided through the provision of a cafeteria plan adopted in accordance with the provisions of IRS Code § 125: medical, dental, and optical.

2. The Purchase of Optional Benefits Through the Cafeteria Plan The cafeteria plan offers employees the opportunity to purchase the following optional benefits: medical, dental and optical insurance.

Employees shall be provided with the amount of $2,150.00 per month (inclusive of the statutory minimum) for the purchase of the optional medical, dental and optical insurance benefits.

Effective January 1, 2022, employees who are enrolled in medical insurance coverage at the employee + family level will be provided $2,250.00 per month for the purchase of the optional medical, dental and optical insurance benefits.

The $2,250.00 per month is inclusive of the CalPERS statutory minimum.

Employees who are enrolled in medical insurance at the employee or employee + 1 level, will continue to be provided a City contribution of $2,150.00.

Effective January 1, 2023, employees who are enrolled in health insurance coverage at the employee + family level will be provided $2,350.00 per month for the purchase of the optional medical, dental and optical insurance benefits.

The $2,350.00 per month is inclusive of the CalPERS statutory minimum.

Employees who are enrolled in medical insurance at the employee or employee + 1 level, will continue to be provided a City contribution of $2,150.00.

Employees who are enrolled in health insurance coverage receive a monthly City contribution for the purchase of the optional medical, dental, and optical insurance benefits that is inclusive of the CalPERS statutory minimum. From adoption of the MOU through December 31, 2023, employees who are enrolled

at the employee or employee + 1 level receive $2,200150.00 per month.

Employees who are enrolled at the employee + family level receive $2,350.00 per month.

Effective January 1 of each year of the MOU, the monthly City contribution for the purchase of the optional medical, dental, and optical insurance benefits that is inclusive of the CalPERS statutory minimum shall be as follows:

3. The Receipt of Cash Through the Cafeteria Plan:

Employees who opt out or who are enrolled in health insurance coverage at the employee only or employee + 1 level will be eligible to receive cash up to a maximum of $475 per month, and enrolled employees with employee + family coverage will be eligible to receive ($375 per month for employees enrolled in health insurance coverage at the employee + family level) (subject to taxation as wages) through the cafeteria plan if they either opt out of receiving one of the optional benefits provided through the plan or if they choose optional benefits that do not cost as much as the maximum dollar amount they receive through the plan.

Effective January 1, 2022, employees who opt out or who are enrolled in health insurance coverage at the employee only or employee + 1 level will continue to receive cash up to a maximum of $475 per month. Employees enrolled in health insurance coverage at the employee + family level will be eligible to receive cash up to a maximum of $425 per month.

Effective January 1, 2023, employees who opt out or who are enrolled in health insurance coverage at the employee only or employee + 1 level will continue to receive cash up to a maximum of $475 per month. Employees enrolled in health insurance coverage at the employee + family level will be eligible to receive cash up to a maximum of $375 per month.
a. Medical Insurance: The City contracts with the Public Employees’ Retirement System for medical insurance. For newly hired employees, insurance

COVERAGE LEVEL

TOTAL CITY

CONTRIBUTION

EFFECTIVE
JANUARY 1, 2024

TOTAL CITY

CONTRIBUTION

EFFECTIVE
JANUARY 1, 2025

TOTAL CITY

CONTRIBUTION

EFFECTIVE
JANUARY 1, 2026
Employee Only: $2,150 $2,150 $2,150
Employee Plus One
Dependent:
$2,200 $2,250 $2,300
Employee Plus Family: $2,450 $2,550 $2,650

coverage is effective the first day of the next month following the employee’s hire date.

The payment of premiums toward this medical insurance program will be through the administration of a flexible benefit package.

The City will contribute the PERS statutory minimum on behalf of each participant in the program.

Eligible employees may select any of the HMO or PPO medical insurance plans offered by CalPERS.

If CalPERS changes any of the medical insurance plans by either adding to or deleting the plan options described above, employees will be limited to those plan options offered by CalPERS.

For each of the plans, employees will also be able to choose the benefit for the employee, employee + 1 or employee + family. Covered employees are required to participate in CalPERS medical insurance under one of the available options. However, an employee may opt out of medical insurance if the employee provides proofattests that he/shethey haves minimum essential coverage as defined by the Affordable Care Act.

If at any time during the term of the MOU, any provision of Federal law or regulation would impose greater financial cost or penalties on the City above and beyond the City’s agreed upon contribution to an employee’s cafeteria plan, the parties agree to reopen negotiations. The negotiations will be for the limited purpose of making changes to the cafeteria plan that would be needed to ensure that such additional cost or penalties are avoided. b. Dental Insurance: Employees shall also have the ability to select from two levels of dental insurance from the City’s dental insurance provider, Guardian. The City reserves the right to change dental insurance providers if necessary. If it does, employees will be provided with equivalent benefits with the new provider. As with medical insurance, employees will have the options of: employee, employee + 1 or employee + family. Employees do not have to choose any dental insurance and need not provide proof of dental insurance from another source.
c. Optical Insurance: Employees shall also have the ability to select from two levels of optical insurance from the City’s optical insurance provider, Vision Service Plan (VSP). The City reserves the right to change optical insurance providers if necessary. If it does, employees will be provided with equivalent

benefits with the new provider. As with medical insurance, employees have the options of: employee, employee + 1 or employee + family. Employees do not have to choose any optical insurance and need not provide proof of optical insurance from another source.

4. Employee Contributions for Benefit Options:

If an employee chooses optional benefits whose aggregate cost exceeds the maximum City contributions to the Cafeteria Plan, the City will automatically deduct the excess amount on a pre-tax basis from the employee’s bi-weekly payroll.

B. Flexible Spending Accounts (FSA):

Employees have the opportunity to participate in both a health care and dependent care flexible spending account (each an FSA) whereby employees will be able to defer up to the maximum permitted by law (for both the health care FSA and dependent care FSA) to pay for any eligible out of pocket expenses related to health care or dependent care on a pre-tax basis.

The provisions of both of these FSA’s will be provided in a plan document. The plan document will be available to each eligible employee upon request. Before January 1 of every year, employees will be able to elect to have their compensation for the upcoming year deducted biweekly and contributed on a pre-tax basis to the FSA. During the year (and for a short grace period thereafter), an employee can receive reimbursements under the FSA for covered expenses incurred during the year, up to the amount of the employee’s elected contributions for the year. The FSA deductions will be withheld from employees’ regular payroll.

ARTICLE 10: RETIREE MEDICAL INSURANCE
A. Tier 1: Employees Hired Prior to January 1, 2010
For employees hired prior to January 1, 2010, they shall be eligible (as retirees) for continued medical benefits up to $350.00 per month (which includes the PERS statutory minimum, i.e., the employee will receive an electronic funds transfer or check for the difference between $350 and the PERS statutory minimum) unless and until the following occur:

1. The retiree reaches age 70, or

2. The retiree becomes eligible for Medicare (if the employee is eligible for Medicare, the City will pay the designated Medicare supplement rate not to exceed $350 per month), or

3. The retiree is or becomes eligible to be a participant in another employer-paid medical plan or Veteran's Administration benefit

For eligible retirees (as described below) who are age 70 or above, the City shall pay the statutory minimum directly to CalPERS for such employees up to $150/month (which includes the PERS statutory minimum, i.e., the employee will receive an electronic funds transfer or check for the difference between $150 and the PERS statutory minimum) toward medical coverage under PERS. If the statutory minimum exceeds $150, the City shall pay the statutory minimum for such employees. In this situation the employee will not get a check from the City.

Eligible retirees include those full time SUP employees who:

1. Retire after July 1, 2000; and

2. Take a service retirement and are not subsequently covered under PERS with another agency; and

3. Have 20 or more years of full time service with the City of Beverly Hills prior to retirement.

For those retirees over age 70 who do not otherwise meet the eligibility criteria the City will pay the PERS statutory minimum on their behalf.

To the extent that any provisions of AB 410 (effective January 1, 2014) are contrary to those provided herein, the provisions of AB 410 shall apply.

B. Tier 2: Employees Hired On Or After January 1, 2010
Employees hired into the unit as new employees by the City on or after January 1, 2010 who retire from the City will receive the PERS statutory minimum paid by the City.

In addition, for employees hired into the unit as new employees on or after January 1, 2010, in lieu of additional retiree medical insurance benefits, the City shall, while the employees are working for the City, contribute the sum of $150.00 per month, $75.00 per pay period for twenty-four (24) pay periods – (there will be no contribution in the third pay period of any month which has three pay periods) to a health retirement account on behalf of such employees.

For employees who enter the unit on or after January 1, 2010 who were City employees as of December 31, 2009, they will receive retiree medical benefits as though they were a member of the bargaining unit prior to January 1, 2010.

C. Purchasing Additional Insurance If Funds Are Insufficient to Cover The Cost of Chosen Benefits
Any retiree whose City contribution for retiree medical insurance is insufficient to cover the actual cost of such insurance for the retiree and his/hertheir eligible dependents can purchase

such insurance through CalPERS by paying the additional amount in excess of the City contributions, if any.

ARTICLE 11: LIFE AND LONG TERM DISABILITY INSURANCE
A. City-Provided Insurance
The following benefits are provided to all employees at the City’s expense:

1. Term Life Insurance policy of $75,000.

2. Disability Insurance: policy provides two thirds (2/3) of monthly salary up to a maximum of up to $6,000.00 per month (effective January 1, 2024 this amount is increased to $8,400.00), except as may be provided under the applicable plan document. This plan has a 60-day elimination period. The elimination period is reduced to a 30-day elimination period effective January 1, 2024. Employees may use accrued leaves to supplement payments received by the disability insurance plan. However, the employee may not receive more than 100% of their regular wages.

B. Optional Additional Life Insurance
Employees may also purchase supplemental term life insurance, if available, with deductions from their bi-weekly compensation as designated by each employee. Although employees may use cash wages they receive through the cafeteria plan (if applicable) to purchase supplemental term life insurance, they cannot defer cash wages they receive through the cafeteria plan directly into the purchase of supplemental term life insurance. It must be an after-tax deduction from their paycheck.

ARTICLE 12: TUITION EDUCATION REIMBURSEMENT
In accordance with the requirements of Administrative Regulation, Number 3A.2HR.06, the City shall reimburse an employee for attending an accredited college or university provided that the course is directly job related. If an individual is pursuing a degree, the City shall reimburse the employee for only those courses taken in the major, provided the degree objective is job related.

To be eligible for tuition reimbursement each employee shall (prior to each fiscal year) submit a document setting forth the following:
• the name of the institution at which the course(s) will be taken,

• the title(s) of the course(s) for which he/shethey areis seeking reimbursement, and
• how the course(s) is directly related to the employee’s job The employee shall forward this document to his/hertheir department headDepartment Head or designee, who shall forward it for approval to the Human Resources Department. Since eligibility requirements are set forth in the Administrative Regulation and require advance approval from a supervisor, department headDepartment Head and Human Resources prior to the commencement of education, employees wishing to receive tuition reimbursement are encouraged to review the policy.

ARTICLE 13: TOOLS, UNIFORMS, SAFETY BOOTS, AND SAFETY GLASSES A. Tool Allowance
During January of each year, the City will pay aAny employee in the classification of Fleet Supervisor shall receive up to who is required to furnish tools an annual tool allowance of $7500. per fiscal year as a tool reimbursement. Such employees shall provide receipts of their tool purchases to their supervisor for reimbursement, which will be paid in a reasonable period of time. This amount may be taxable in accordance with law. The City agrees to continue to furnish the current assortment of tools. City will not require employees to provide any receipts to receive the tool allowance.

B. Uniforms
Supervisors shall receive five uniforms a week at City expense. The uniforms shall be the property of the City. The City shall replace damaged or worn out uniform parts, as necessary.

The parties agree that to the extent permitted by law, this is special compensation and shall be reported as such pursuant to Title 2, CCR 571(a)(5) the City will report as special compensation, the value of the uniforms for unit members who are “Classic Members” (as described in Exhibit C to this MOU) per the Public Employees’ Pension Reform Act of 2013. “New members” as defined under the Public Employees’ Pension Reform Act of 2013 will not have the value of the uniforms reported as special compensation.

C. Safety Boot Reimbursement
The City agrees to reimburse each employee up to $4300 per fiscal year for the purchase of safety boots provided the employee’s department headDepartment Head determines the need to use safety boots as part of the employee’s job and the employee submits receipts for the boots purchased. Safety boots reimbursements shall be paid within a reasonable period of time from when the employee submits the receipts.

D. Safety Glasses

If an employee’s department headDepartment Head determines there is a need for an employee to use safety glasses as part of his/hertheir job, the employee may choose: 1) to be reimbursed up to $4200 per fiscal year for the purchase of prescription safety glasses. The employee must submit a receipt (which indicates the glasses purchased are for safety), or 2) go to the City’s provider and choose a pair of prescription safety glasses (up to $200). If the employee chooses a pair of prescription safety glasses in excess of $4200, he/shethey must pay the difference directly to the provider.

E. Automobile Usage
No employee in the unit shall be required to utilize their personal vehicle for city business as a condition of employment. An employee who does not drive their personal vehicle for City business does not qualify for an auto allowance per the City’s Administrative Regulation Finance.03 Mileage Reimbursement and Automobile Allowance Policies.

ARTICLE 14: BENEFIT PAYOFF UPON SEPARATION FROM CITY SERVICE A. Vacation Pay-Off
Employees who separate from City service shall be paid for accumulated vacation.

B. Sick Leave Pay-Off
All accumulated sick leave at the date of separation from City service shall be the basis for determining the amount to be paid to each employee who qualifies to receive sick leave payoff.

Only employees who have ten (10) or more continuous years of City service shall be eligible for sick leave pay-off upon separation from employment with the City. Employees with less than ten (10) years of continuous service shall not be eligible to receive any pay-off for unused sick leave.

The rate of Sick sick Leave leave pay-off shall be calculated as follows: Three percent (3%) of accumulated sick leave per full year of service. Sick leave shall be calculated at the base rate of pay received by the employee at the time of his/hertheir separation.

Each employee eligible to receive sick leave pay-off shall receive said pay at the time of separation.

C. Pay for Employees Subject to Layoff
In addition to the layoff provision of the Personnel Rules and Regulations, an employee who is laid off shall receive severance pay of one day of their current salary, for each full year of service with the City, up to a maximum of ten (10) days of salary.