Agenda packet — Brisbane City Council, December 8, 2022 (part 1 of 2)

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CITYof BRISBANE
Thursday, December 8, 2022 at 7:30 PM ● Virtual Meeting This meeting is compliant with the Ralph M. Brown act as amended by California Assembly Bill No. 361 effective September 16, 2021 providing for a public health emergency exception to the standard teleconference rules required by the Brown Act. The purpose of this is to provide a safe environment for the public, staff and Councilmembers, while allowing for public participation. The public may address the Council using exclusively remote public comment options. The Council may take action on any item listed in the agenda.

PUBLIC MEETING VIDEOS
Members of the public may view the City Council Meeting by logging into the Zoom Webinar listed below. City Council Meetings can also be viewed live and/or on-demand via the City’s YouTube Channel, www.youtube.com/brisbaneca, or on Comcast Channel 27. Archived videos can be replayed on the City’s website, http://brisbaneca.org/meetings .

TO ADDRESS THE COUNCIL
The City Council Meeting will be an exclusively virtual meeting. The agenda materials may be viewed online at www.brisbaneca.org at least 24 hours prior to a Special Meeting, and at least 72 hours prior to a Regular Meeting.

Remote Public Comments:

Meeting participants are encouraged to submit public comments in writing in advance of the meeting. Aside from commenting while in the Zoom webinar the following email and text line will be also monitored during the meeting and public comments received will be noted for the record during Oral Communications 1 and 2 or during an Item.

Email: [email protected]
Text: 628-219-2922
Join Zoom Webinar: zoom.us (please use the latest version: zoom.us/download) brisbaneca.org/cc-zoom
Webinar ID: 991 9362 8666
Passcode: 123456
Call In Number: 1 (669) 900 9128

SPECIAL ASSISTANCE
If you need special assistance to participate in this meeting, please contact the City Clerk at (415) 508-2113.

Notification in advance of the meeting will enable the City to make reasonable arrangements to ensure accessibility to this meeting.

WRITINGS THAT ARE RECEIVED AFTER THE AGENDA HAS BEEN POSTED Any writings that are received after the agenda has been posted but before 2 p.m. of the day of the meeting will be available for public inspection at the front lobby in City Hall and on the internet (www.brisbaneca.org/meetings).

Any writings that are received after the agenda has been posted but after 2 p.m. of the day of the meeting will be available on the internet at the start of the meeting (www.brisbaneca.org/meetings), at which time the materials will be distributed to the Council.

City Council Special Meeting Agenda
1 December 8, 2022 - 2 - 7:30 PM
7:30 P.M. CALL TO ORDER – PLEDGE OF ALLEGIANCE

ROLL CALL

ADOPTION OF AGENDA
ORAL COMMUNICATIONS NO. 1

NEW BUSINESS
A. Consider Adoption of Resolutions approving the Memorandum of Understanding between the City and the following groups: Confidential Employees, Confidential Management, Executive Management, Brisbane Fire Management, General Association Employees, International Association of Firefighters, Mid-management/Professional, Police Chief, and Police Commander, each for the term of July 1, 2022 to June 30, 2026 (Unless a Councilmember of a member of the public request that a particular resolution be discussed separately, these resolutions may be adopted by one motion.)

1. Adopt Resolution of the City Council of the City of Brisbane Concerning Wages, Hours and Working Conditions for the Confidential Employees Group

2. Adopt Resolution of the City Council of The City of Brisbane Concerning Wages, Hours And Working Conditions for the Confidential Management Group

3. Adopt Resolution of the City Council of the City of Brisbane Concerning Wages, Hours and Working Conditions for the Executive Management Group

4. Adopt Resolution of the City Council of the City of Brisbane Concerning Wages, Hours and Working Conditions for the General Employees Association

5. Adopt Resolution of the City Council of the City of Brisbane Concerning Wages, Hours and Working Conditions for the International Associations of Firefighters, Local 2400,

AFL-CIO

6. Adopt Resolution of the City Council of the City of Brisbane Concerning Wages, Hours and Working Conditions for the Mid-Management/Professional Employees Group

7. Adopt Resolution of the City Council of the City of Brisbane Concerning Wages, Hours and Working Conditions for the Police Commander Association

8. Adopt Resolution of the City Council of the City of Brisbane Concerning Wages, Hours and Working Conditions for the Police Chief
B. Approve Resolutions Adopting Pay Scales and Master Pay Schedules for Fiscal Year 2022-23. (These Pay Schedules will reflect the salary increases imbedded in the Memoranda of Understanding approved by the prior Council action.)
C. Receive Updates on Transportation Grants
2 December 8, 2022 - 3 - 7:30 PM
D. Adoption of Resolution adopting the County of San Mateo Certification of Votes and declaring results of Measure O at the Municipal Election held on November 8, 2022 (This item may be continued to December 9, 2022 at 12:00 p.m. so that the County of San Mateo Certification of Votes has been received)
E. Adoption of Resolution adopting the County of San Mateo Certification of Votes and declaring results of Measure U at the Municipal Election held on November 8, 2022 (This item may be continued to December 9, 2022 at 12:00 p.m. so that the County of San Mateo Certification of Votes has been received)
F. Consider Adoption of Transactions and Use Tax Ordinance Resolution to Implement the Transactions and Use Tax Ordinance Approved by the Voters and a Resolution Authorizing Examination of Sales or Transactions and Use Taxes Records (This item may be continued to December 9, 2022 at 12:00 p.m. so that the County of San Mateo Certification of Votes has been received)
G. Introduction of an Ordinance to Administer and Implement the Business License Tax Imposed on Hotels and Other Places Designed for Occupancy by Transients. (Note: This Ordinance is exempt from review under the California Environmental Quality Act because it is not a “project”. Section 15378 (b)(5) of the CEQA Guidelines. This item may be continued to December 9, 2022 at 12:00 p.m. so that the County of San Mateo Certification of Votes has been received)

MAYOR/COUNCIL MATTERS
H. Caltrain Electrification Project Letter of Support
I. Countywide Assignments and Subcommittee Reports
J. City Council Meeting Schedule
K. Written Communications
ORAL COMMUNICATIONS NO. 2

ADJOURNMENT
3 File Attachments for Item:

A. Consider Adoption of Resolutions approving the Memorandum of Understanding between the City and the following groups: Confidential Employees, Confidential Management, Executive Management, Brisbane Fire Management, General Association Employees, International Association of Firefighters, Mid-management/Professional, Police Chief, and Police Commander, each for the term of July 1, 2022 to June 30, 2026 (Unless a Councilmember of a member of the public request that a particular resolution be discussed separately, these resolutions may be adopted by one motion.)

1. Adopt Resolution of the City Council of the City of Brisbane Concerning Wages, Hours and Working Conditions for the Confidential Employees Group

2. Adopt Resolution of the City Council of The City of Brisbane Concerning Wages, Hours And Working Conditions for the Confidential Management Group

3. Adopt Resolution of the City Council of the City of Brisbane Concerning Wages, Hours and Working Conditions for the Executive Management Group

4. Adopt Resolution of the City Council of the City of Brisbane Concerning Wages, Hours and Working Conditions for the General Employees Association

5. Adopt Resolution of the City Council of the City of Brisbane Concerning Wages, Hours and Working Conditions for the International Associations of Firefighters, Local 2400, AFL-CIO

6. Adopt Resolution of the City Council of the City of Brisbane Concerning Wages, Hours and Working Conditions for the Mid-Management/Professional Employees Group

7. Adopt Resolution of the City Council of the City of Brisbane Concerning Wages, Hours and Working Conditions for the Police Commander Association

8. Adopt Resolution of the City Council of the City of Brisbane Concerning Wages, Hours and Working Conditions for the Police Chief
4 A.
1 2022-2026 MOUs

CITY COUNCIL AGENDA REPORT
Meeting Date: December 8, 2022
From: Abby Partin, Human Resources Administrator
Subject: Resolutions approving the Memoranda of Understanding between the City and the following groups: Confidential Employees, Confidential Management, Executive Management, Brisbane Fire Management, General Association Employees, International Association of Firefighters, Mid-management/Professional, Police Chief and Police Commander, each for the term of July 1, 2022 to June 30, 2026 Community Goal/Result
Fiscally Prudent
Purpose
To ensure the community continues to receive excellent service by retaining and attracting exceptional employees in a financially prudent manner.

Recommendation
Adopt Resolutions approving the Memoranda of Understanding between the City and the following groups: Confidential Employees, Confidential Management, Executive Management, Brisbane Fire Management, General Association Employees, International Association of Firefighters, Mid-management/Professional, Police Chief and Police Commander, each for the term of July 1, 2022 to June 30, 2026
Background
The current Memoranda of Understanding (MOU) with the aforementioned bargaining groups expired on June 30, 2022. The labor relations team and bargaining groups’ representatives have met and conferred on terms and conditions over the past months and presented tentative agreements to the City Council. Council will now receive any public comment on the various Memoranda before deciding whether to approve the Memoranda.

Discussion
Discussion with all the bargaining groups have resulted in the Memoranda that would have the following:

For all bargaining group employees:

Salary - 3% increase first full pay period in January 2023, 3% increase first full pay period January 2024, 6% increase first full pay period July 2024 but could be higher depending on the outcome of the salary survey, and maximum of 6% increase with a floor of 4% increase first full pay period in July 2025 based on the cumulative percentage change in the Consumers Prince Index between April 2021 and April 2025, i.e., if the percentage change is 18% or more, then the increase will be 6%; if the percentage change is less than 18%, then the increase will be 4% The CPI to be used 5 A.
2 2022-2026 MOUs
is CPI-W (Urban Wage Earners and Clerical Workers) for the San Francisco-Oakland-Hayward area. The base period is 1982-1984=100.

Total Compensation Survey – A total compensation survey, using cities to be mutually agreed upon by the City and the bargaining groups, will be completed after January 2024 to be used to reopen the MOUs concerning compensation for the July 1, 2024 to June 30, 2025 period.

Recession Clause – Retain the existing provision in the preamble of the MOUs to allow the City to reopen MOUs, if necessary due to a recession.

Longevity Incentive - Add to the current longevity sections a 3% incentive for employees who have reached 20 continuous years of service as of and after January 2023.

In addition to the longevity incentive above, IAFF employees will receive an additional 1% incentive pay added for employees have reached 10 continuous years of service as of and after January 2023 and 1% incentive pay added for employees have reached 15 continuous years of service as of and after January 2024.

Health Insurance – 3% increase in Cafeteria Plan in January 2023, 3% increase in Cafeteria Plan in January 2024, 3% increase in Cafeteria Plan in January 2025, 3% increase in Cafeteria Plan in January 2026. The overall increase in the Cafeteria Plan will be no more than a cumulative 17% over the four-year period. Increases above the guaranteed rates will occur, however, if the Kaiser rate increases above the cumulative guaranteed rate.

Bi-Lingual Pay – Starting the first full pay period in July 2023, who are not members of the General Employees Association; and $250 per month for members of General Association.

To be eligible for bi-lingual pay, employees must pass a state exam showing competency in the second language. Employees are only eligible to receive bi-lingual pay for one language.

Holidays – The City’s holiday schedule will be New Year’s Day, Martin Luther King Day, President’s Day, Cesar Chavez Day, Memorial Day, Juneteenth, Independence Day, Labor Day, Veteran’s Day’s, Thanksgiving Day, Day after Thanksgiving, Day prior to Christmas, Christmas Day, Day prior to New Year’s Day, plus two floating holidays.

IAFF employees who are assigned shift work and must work the holidays will continue to receive holiday pay in lieu of holidays. (Holiday pay is 6%.) Deferred Compensation- Employees will receive an increased City match from 2.5% of salary to 5% of salary.

Vacation Buyback – The City will buyback a certain number of unused vacation leave hours.

Employees who have used a minimum of 60 hours during the fiscal year may “sell” up to 80 hours of vacation leave; and members of the IAFF who have used a minimum of 84 hours during the fiscal year may sell up to 112 hours of vacation leave by the end of the fiscal year. This provision will end on June 30, 2025, unless prior to June 30, 2025 the City and the bargaining groups agree otherwise.
6 A.
3 2022-2026 MOUs
Creation of Firefighter II Classification – Create a new classification between the classification of Firefighter/Paramedic and Captain starting in January 2023. The compaction rate between Firefighter I and Firefighter II will be 10%. Employees promoted to Firefighter II will be placed at the step which is closest to, but no higher than, their currently monthly salary.

When a Firefighter II is promoted to Captain, the employee will be placed at the step closest to, but no higher than, the employee’s then current monthly salary. Promotions to Firefighter II will be an internal promotional opportunity.

IAFF Probationary Period – New appointees in IAFF classifications covered by the MOU shall serve a probationary period of 18 months, which shall begin upon the first day of employment with the City. In the case of a firefighter trainee who successfully graduates an academy, the time spent as a trainee will count towards the 18-month probationary period. The language regarding promotional appointees will remain the same, i.e., such employees shall serve a probationary period of not less than six (6) months nor more than twelve (12) months.

Residency Requirement – Remove from IAFF MOU.

Fiscal Impact
The estimated costs to implement these Memoranda of Understanding are as follows: FY 2022- 23, $741,492; FY 2023-24, $1,336,581; FY 2024-25, $2,569,179; and FY 2025-26, $3,479,722.

The costs are included in the adopted budget for FY 2022-23 and will need to be incorporated in ensuing budgets.

Measure of Success
Approve the Memoranda of Understanding with the bargaining groups which protect the City’s long-term interests.

Attachments

1. Resolutions approving the MOUs with the bargaining groups.

2. Memoranda of Understanding
________________________ ________________________
Abby Partin, HR Administrator Clay Holstine, City Manager 7 A.

RESOLUTION NO 2022-XX

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BRISBANE

CONCERNING WAGES, HOURS AND WORKING CONDITIONS FOR THE

BRISBANE FIRE MANAGEMENT GROUP
WHEREAS, the City of Brisbane and the Brisbane Fire Management Group, have met and conferred in accordance with the requirements of the Meyers-MiliasBrown Act; and WHEREAS, the City of Brisbane and the Brisbane Fire Management Group have reached an agreement regarding wages, hours and working conditions.

NOW, THEREFORE, the City Council of the City of Brisbane resolves as follows:

The Memorandum of Understanding between the City of Brisbane and the Brisbane Fire Management Group is approved as set forth in Exhibit A and is incorporated by reference as though fully set forth herein.
_________________
Coleen Mackin, Mayor
I hereby certify that the foregoing Resolution No. 2020-XX was duly and regularly adopted at a special meeting of the Brisbane City Council on December 8, 2022, by the following vote:

Ayes:

Noes:

Absent: None
Abstain: None
_____________________
Ingrid Padilla, City Clerk
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RESOLUTION NO 2022-XX

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BRISBANE

CONCERNING WAGES, HOURS AND WORKING CONDITIONS FOR THE

CONFIDETIAL EMPLOYEES GROUP
WHEREAS, the City of Brisbane and the Confidential Employees Group, have met and conferred in accordance with the requirements of the Meyers-Milias-Brown Act; and
WHEREAS, the City of Brisbane and the Confidential Employees Group have reached an agreement regarding wages, hours and working conditions.

NOW, THEREFORE, the City Council of the City of Brisbane resolves as follows:

The Memorandum of Understanding between the City of Brisbane and the Confidential Employees Group is approved as set forth in Exhibit A and is incorporated by reference as though fully set forth herein.
_________________

Coleen Mackin, Mayor
I hereby certify that the foregoing Resolution No. 2022-XX was duly and regularly adopted at a special meeting of the Brisbane City Council on December 8, 2022, by the following vote:

Ayes:

Noes:

Absent: None
Abstain: None
_____________________
Ingrid Padilla, City Clerk
29 A.

AGREEMENT BETWEEN THE

CITY OF BRISBANE

AND THE

CONFIDENTIAL EMPLOYEES GROUP
JULY 1, 2022 – JUNE 30, 2026
30 A.

TABLE OF CONTENTS
BEREAVEMENT LEAVE ARTICLE 16
CLASSIFICATION AND PAY PLAN ARTICLE 5
DEFERRED COMPENSATION – EMPLOYER CONTRIBUTION ARTICLE 12 DEMOTION ARTICLE 27
DISCIPLINARY PROCEDURE ARTICLE 31
EMERGENCY WAIVER PROVISIONS ARTICLE 37
GRIEVANCE PROCEDURE ARTICLE 32
HOLIDAYS ARTICLE 14
INSURANCE ARTICLE 9
JURY DUTY ARTICLE 19
LAYOFF PROCEDURE ARTICLE 26
LEAVES OF ABSENCE WITHOUT PAY: AFFECT ON SENIORITY ARTICLE 25 LONGEVITY RECOGNITION LEAVE ARTICLE 22
MANAGEMENT RIGHTS AND IMPACT OF MANAGEMENT RIGHTS ARTICLE 4 DISCIPLINARY ADMINISTRATIVE LEAVE ARTICLE 23
MATERNITY LEAVE ARTICLE 20
MEDICAL LEAVE ARTICLE 21
MILITARY LEAVE ARTICLE 18
NON-DISCRIMINATION ARTICLE 3
OTHER LEAVES WITHOUT PAY ARTICLE 24
OUTSIDE EMPLOYMENT ARTICLE 33
OVERTIME ARTICLE 8
PAST PRACTICE ARTICLE 39
PERSONAL LEAVE ARTICLE 17
PREAMBLE ARTICLE 1
PROBATIONARY PERIOD AND PERFORMANCE RATING ARTICLE 30
PROHIBITED ACTIVITIES ARTICLE 35
PROMOTIONS ARTICLE 29
PUBLIC EMPLOYEES' RETIREMENT SYSTEM ARTICLE 7
RECOGNITION ARTICLE 2
SEVERABILITY PROVISION ARTICLE 38
SICK LEAVE ARTICLE 15
SUPPLEMENTAL STIPEND ARTICLE 11
TERM OF THE MEMORANDUM OF UNDERSTANDING ARTICLE 40
TRANSFER ARTICLE 28
TUITION REIMBURSEMENT ARTICLE 6
USE OF CITY FACILITIES ARTICLE 34
VACATION ARTICLE 13
WAIVER PROVISION OF BARGAINING DURING TERM ARTICLE 36
WELLNESS BENEFIT ARTICLE 10
31 A.

MEMORANDUM OF UNDERSTANDING BETWEEN

THE CITY OF BRISBANE AND

THE CONFIDENTIAL EMPLOYEES GROUP
ARTICLE 1. PREAMBLE
Pursuant to Government Code 3500, as amended, et seq., this Agreement has been entered into by the City of Brisbane and the Confidential Employees Group. The purpose of this Agreement is the promotion of harmonious relations, peaceful resolution of differences, and the establishment of rates of compensation, hours of work, and other matters relating to employment conditions to be observed by the parties.

The terms of the memorandum of Understanding shall be subject to review and meet and confer by the parties if the State of California or the Federal government through executive or legislative action substantially affects the ability of the City to provide funding for City Council adopted services. This review and meet and confer may also be exercised in the event there is a recession (defined by the Federal Reserve as two consecutive quarters of negative growth in the United States economy).

ARTICLE 2. RECOGNITION
The City hereby recognizes the Confidential Employees Group as the sole and exclusive representative for the bargaining unit consisting of the following classifications:

Administrative Management Analyst
Deputy City Clerk/Executive Assistant
Human Resources Administrator
Senior Human Resources Analyst
ARTICLE 3. NON-DISCRIMINATION
A. The parties mutually recognize and agree to protect the rights of all employees hereby to join and/or participate in protected Group activities or to refrain from joining or participating in protected activities in accordance with the Employer-Employee Relations Resolution Sections 3500 et seq.

B. The City and Group agree that they shall not discriminate against any employee because of race, color, sex, sexual orientation, marital status, age, physical handicap, national origin, political or religious opinions or affiliations. The City and the Group shall reopen any provisions of this Agreement for the purpose of complying with any order of a federal or state agency or court of competent jurisdiction requiring modification or change in any provision or provisions of this Agreement in compliance with state or federal antidiscrimination laws.

C. Whenever a gender pronoun is used in the Agreement, it shall be understood to include all genders.
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1. To manage the City generally and to determine the issues of policy;

2. To determine the existence or non-existence of facts which are the basis of the management decision;

3. To determine the necessity of organization of any service or activity conducted by the City and expand or diminish services;

4. To determine the nature, manner, means, technology, and extent of services to be provided to the public;

5. Methods of financing;

6. Types of equipment or technology to be used;

7. To determine and/or change the facilities, methods, technology, means and size of the work force by which the City operations are to be conducted;

8. To determine and change the number of locations, relocations and types of operations, processes and materials to be used in carrying out all City functions but not limited to, the right to contract for or subcontract any work or operation of the City;

9. To assign work to and schedule employees in accordance with requirements as determined by the City, and to establish and change work schedules and assignments;

10. To relieve employees from duty for lack of work or similar non-disciplinary reasons;

11. To establish and modify productivity and performance programs and standards;

12. To discharge, suspend, demote or otherwise discipline employees for proper cause in accordance with the provisions and procedures set forth in City Personnel Rules and Regulations;

13. To determine job classifications and to reclassify employees;

14. To hire, transfer, promote and demote employees for non-disciplinary reasons in accordance with this Agreement and City's Rules and Regulations;

15. To determine policies, procedures and standards for selection, training and promotion of employees;

16. To establish employee performance standards including, but not limited to, quality and quality standards; and to require compliance therewith;

17. To maintain order and efficiency in its facilities and operations;

18. To establish and promulgate and/or modify rules and regulations to maintain order and safety in the City which are not in contravention with this Agreement;

19. To take any and all necessary action to carry out the mission of the City in emergencies. 33 A.

B. Impact of Management Rights
Where required by law, and within the scope of representation, the City agrees prior to implementation to meet and confer with the Group over the impact of the exercise of management's rights upon the wages, hours, and terms and conditions of employment on unit members unless the impact consequences of the exercise of a management right upon unit members is provided for in this Agreement
ARTICLE 5. CLASSIFICATIONS AND PAY PLANS
A. Salaries
Wages for covered employees are set forth in Appendix A, which is hereby incorporated as though set forth in full.

Each employee shall be compensated on a bi-weekly basis. Payment will normally be made on Friday immediately following the conclusion of a City payroll period. A City payroll period begins on the Monday which is the first day of the City pay period and ends on the Sunday which is the last day of the City pay period and consists of fourteen (14) calendar days.

The following changes in the wages will be made during the term of the agreement:

1. Effective the first full pay period in January 2023, a Cost of Living Adjustment increase of 3%.

2. Effective the first full pay period in January 2024, a Cost of Living Adjustment increase of 3%.

3. Effective the first full pay period in July 2024, a minimum Cost of Living Adjustment increase of 6%.

4. Effective the first full pay period in July 2025, a Cost of Living Adjustment increase of 6% unless the cumulative inflation over the course of the term of the contract is less than 18%. If the cumulative inflation is less than 18%, the Cost of Living Adjustment will be reduced no lower than 4%. The measurement period will be April 2021 to April 2025. The CPI to be used is CPI-W (Urban Wage Earners and Clerical Workers) for the San Francisco-Oakland-Hayward area. The base period is 1982- 1984=100.

B. Additional Compensation

1. Automobile Allowance - Employees of this unit are eligible to receive up to $300 per month automobile allowance at the discretion of the City Manager. Employees of this unit who do not receive an auto allowance, but utilize their personal automobile while conducting City business, shall be reimbursed for mileage at the current rate as provided by the Internal Revenue Service (without any minimum).
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1. Administrative Incentive Leave – On or about the second pay period of August each year, the department head, with approval from the City Manager, may grant up to 10 days Administrative Incentive Leave annually to Confidential Employees in recognition of solid and consistent performance and significant contribution of time and effort over the past year. Such election shall be made prior to December 31 of the year prior to when the leave is granted. When the employee elects to receive this leave in the form of time off, said leave shall be taken within one year from the date it is granted, and may not be carried over beyond that point. For employees who are hired after the second pay period of August and do not serve a full year in their management position before the second pay period of the following August, their Administrative Leave Incentive leave shall be prorated.

2. Acting Pay - Employees of this unit are eligible to be assigned to perform the duties of a higher classification. Assignment to this higher classification is at the discretion of the department head and shall be for a term of at least one-week. The assignment is considered to be temporary in nature and in no event shall exceed 180 days, subject to the restrictions of Government Code section 20480. An employee assigned to perform the duties of a higher classification shall be entitled to receive 10.0% above his/her current base salary for the first thirty (30) days of such assignment and 15.0% above his/her current base salary for the duration of the assignment.

3. Assignment Pay - Employees in this unit may accept assignments to perform specific work duties that are not within the scope of their regular work duties. Such assignments, including the scope and length, are at the sole discretion of the City Manager. An employee so assigned shall be entitled to receive from $250 to $750 per month above and in addition to his/her current base salary for the full period of assignment. The appropriate amount of additional pay will be set prior to commencement of the assignment, and there shall be no reduction in the amount of additional pay during the assignment period. The assignments provided for shall be on average no more than 5 - 6 hours per week but some weeks may be more and others less.

4. Bi-Lingual Pay – Employees in this unit are eligible to receive $200 per month beginning July 2023. Employees are only eligible to receive Bi-Lingual pay for one language and must pass a state exam showing competency in the second language in order to be eligible
C. Compensation Study
A total compensation survey will be completed after January 2024. The results of the survey will be used to reopen the contract for total compensation discussion. The parties will convene to review the components of said market study. The City will meet and confer with the bargaining unit regarding the results of the market study and upon the request of the group, will meet and confer regarding total compensation based on those results, including but not limited to exploration of the feasibility of a median implementation strategy. If the total compensation survey is not completed on by March 2024, this bargaining unit shall 35 A.
receive a 2% increase in addition to the Cost of Living increase scheduled for July 2024 of 6%.

ARTICLE 6. TUITION REIMBURSEMENT
An employee who takes a job-related course at an accredited institution shall be eligible for reimbursement for the cost of registration fees, tuition, and course materials upon completion of the course. The employee shall achieve a grade of “C” or better, or “Pass” if the course was a pass/fail course. All courses shall be pre-approved by the department head.

If the course(s) being taken is part of a planned college degree program at a properly accredited institution of learning, the tuition reimbursement provided shall be limited to the amount which the California State University system charges under its fee schedule for registration fees, tuition, and course materials. Partial assistance will be considered for accelerated and other special programs on a case-by-case basis. The employee shall achieve a grade of “C” or better, or “Pass” if the course(s) was a pass/fail course. All courses shall be pre-approved by the department head.

Employees receiving reimbursement as a part of a planned degree program shall be required to complete a service obligation with the City of Brisbane after completion of the program as follows:

1. One (1) year service after the end of the last semester for part-time students (six or less units per semester or eight or less quarter units per quarter).

2. Two (2) years’ service after the end of the last semester for full-time students (over six units per semester or over eight quarter units per quarter).

3. The employee agrees to reimburse the City of Brisbane if he/she fails to obtain preapproval from the department head, he/she does not meet the grade requirements, or he/she does not fulfill the service requirement.

ARTICLE 7. PUBLIC EMPLOYEES' RETIREMENT SYSTEM
Employees hired by the City and who have entered CalPERS membership on or prior to July 1, 2008 will receive the Local Miscellaneous 2.7% @ 55 CalPERS retirement plan. The employee contribution for those participating in the Local Miscellaneous 2.7%@ 55 retirement plan will be

8.0%.

Employees hired by the City and who have entered CalPERS membership from July 1, 2008 to December 31, 2012 will receive the Local Miscellaneous 2%@ 60 CalPERS retirement plan.

The employee contribution for those participating in the Local Miscellaneous 2%@ 60 retirement plan will be 7.0%.

New bargaining unit hires on or after January 1, 2013 who are determined by CalPERS to be “classic” or “legacy” members of the CalPERS will receive the Local Miscellaneous 2%@ 60 36 A.
retirement plan. The employee contribution for those participating in the Local Miscellaneous 2%@ 60 retirement plan will be 7.0%.

For new bargaining unit employees hired on or after January 1, 2013 who are determined by CalPERS to be “new” members of CalPERS will receive the Local Miscellaneous 2% @ 62 retirement program. The employee contribution for those participating in the Local Miscellaneous 2%@ 62 plan shall pay 50% of the normal cost. In this and all other relevant respects, the City will comply with Government Code sections 7522 et seq. (PEPRA) including but not limited to the employee cost-share, the cap on pension benefits, and the three-year average for calculating final compensation.

ARTICLE 8. OVERTIME
As defined by the Fair Labor Standards Act, employees of this unit are considered exempt and as such are exempted from the Act’s overtime requirements.

ARTICLE 9. INSURANCE
A. CalPERS Employer Health Contribution
The City shall contribute the minimum health premium contribution for participating active and retired employees under the Public Employees’ Medical and Hospital Care Act (PEMHCA), currently at $149 for 2022 and $151 for 2023. This will cease should the City no longer provide health benefits through PEMHCA in the future.

B. Flexible Compensation Plan
The City shall continue to offer a bona fide Flexible Compensation Plan and to make monthly contributions for employee benefit allowance for allocation to health insurance and health and dependent care reimbursement accounts. It is understood that the City may establish such regulations as may become necessary to ensure that the cafeteria plan remains a bona fide plan for the purpose of taxation and FLSA compliance, subject to meet and confer to the extend required by state law.

The City’s contribution to the Flexible Compensation Plan (cafeteria plan) shall increase as follows:
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1. Effective December 2022, the City’s contribution toward the Flexible Compensation Plan will increase by 3% to the following amounts:

No Plan: $700.29
Single Party: $835.29 + PEMHCA
Two Party: $1831.81 + PEMHCA
Family: $2429.77 + PEMHCA
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2. Effective December 2023, the City’s contribution toward the Flexible Compensation Plan will increase by 3% to the following amounts
No Plan: $721.30
Single Party: $860.35 + PEMHCA
Two Party: $1886.76 + PEMHCA
Family: $2502.66 + PEMHCA

3. Effective December 2024, the City’s contribution toward the Flexible Compensation Plan will increase by 3% to the following amounts:

No Plan: $742.94
Single Party: $886.16 + PEMHCA
Two Party: $1943.37 + PEMHCA
Family: $2577.74.66 + PEMHCA

4. Effective December 2025, the City’s contribution toward the Flexible Compensation Plan will increase by 3% to the following amounts:

No Plan: $765.23
Single Party: $912.74 + PEMHCA
Two Party: $2,001.67 + PEMHCA
Family: $2,655.07 + PEMHCA
The overall increase in the cafeteria plan will be no more than a cumulative 17% over the three-year period. Increases above the guaranteed rates will occur if the Kaiser rate increases above the cumulative guaranteed rate.

Calendar Year Guaranteed Increase Amount Available based on Cumulative Kaiser Increase above Cumulative Guaranteed Increase
2022 3%
2023 3% 5%
2024 3% 5% unless a portion used in previous year
2025 3% 5% unless a portion used in previous year
C. Dental Benefits
During the term of this agreement, the City shall contribute the sum of $145 per month per employee toward a dental plan.

Maximum Coverage:

The current maximum reimbursement amount per employee shall be $2,000 per plan year.

The reimbursement per dependent shall be $1,100 per plan year. The amount of the unused employee balance that can be applied to the outstanding dependent balance shall be $530 per fiscal year.

D. Life and Long Term Disability Insurance
The City shall maintain in effect for the term of this resolution its existing life and long-term disability insurance plans.
38 A.

E. Vision Care Insurance
The City shall maintain in effect for the term of this agreement the existing level of coverage.

The City shall contribute 100% of the family rate for such vision care coverage.

F. Employee Assistance Program
The City shall maintain in effect for the term of this agreement its occupational health services in order to provide an Employee Assistance Program.

ARTICLE 10. WELLNESS BENEFIT
The City provides up to $300 per fiscal year for an agreed upon wellness benefit.

ARTICLE 11. SUPPLEMENTAL STIPEND
The City will provide for an amount equal to Kaiser Health Insurance for employee, employee plus 1, or employee plus 2 depending on the level of insurance the employee has in retirement.

ARTICLE 12. DEFERRED COMPENSATION-EMPLOYER CONTRIBUTION For employees hired on or after July 1, 2008, the City will contribute one point five percent (1.5%) of the employee’s base monthly salary toward one of the City’s 457 deferred compensation plans. Additionally, the City will match a contribution from the employee at the rate of one dollar ($1.00) per dollar ($1.00) up to three percent (3.0%) of salary. Effective July 1, 2020, if the employee makes a voluntary contribution toward the 457 deferred compensation plan, the City will match such contribution at the rate of one dollar ($1.00) per dollar ($1.00) up to a maximum of four percent (4.0%) of salary. Effective July 1, 2021, if the employee makes a voluntary contribution toward the 457 deferred compensation plan, the City will match such contribution at the rate of one dollar ($1.00) per dollar ($1.00) up to a maximum rate of five percent (5.0%) of salary.
39 A.

Employees hired on or before July 1, 2008 shall have the option of contributing to their 457 deferred compensation plan without forfeiting any rights to the retiree medical supplemental stipend.

For individual employees hired on or before July 1, 2008 that are eligible for the supplemental stipend who voluntarily elect to irrevocably opt out of the supplemental stipend benefit, the City will contribute three percent (3.0%) of the employee's base monthly salary toward their 457 deferred compensation plan and the above supplemental stipend will not apply. In the event the employee makes a contribution up to five percent (5.0%) of the employee's base monthly salary towards their 457 plan, the City will match such contribution at the rate of forty cents ($0.40) per dollar ($1.00) up to two percent (2.0%). The City's total contribution toward any employee will not exceed five percent (5.0%). This benefit will terminate upon separation from service with the City. Furthermore, it is agreed that an employee who once waives his/her participation in the supplemental stipend program, it shall be irrevocable. Total contribution to 457 deferred compensation plans will be limited to annual maximum contributions dictated by IRS code.

ARTICLE 13. VACATION
A. All full-time personnel shall be entitled to annual vacation leave as provided below:

Years of Continuous
Service
Annual Accrual
Amount
Maximum Accrual
Amount
First 4 years 80 hours 400 hours
After 4 years 120 hours 400 hours
After 9 years 160 hours 400 hours
B. Vacation credits shall be accrued pro rata on each pay period. Employees shall not be eligible to use vacation during the first six (6) months of employment, but shall receive credits for that period when six (6) months of service have been attained.

C. Subject to approval by the appointing authority, the department and employee shall schedule the times at which vacation leave is to be taken with due consideration being given to the desires of the employee and the operational needs of the department. Use of vacation leave in less than one-day increments shall be discouraged.

D. Based on the operational need or employee preference, vacation leave earned in a given year may be deferred to the following year. However, the total amount of vacation accrued shall not exceed the maximum accrual listed above, except as noted below.

E. Vacation leave accrual may exceed the listed maximum hours only with approval of the Appointing Authority. Documentation of all vacation deferments approved by the Appointing Authority shall be provided to Human Resources in such form as specified.

F. It is the employee’s responsibility to keep track of his/her accrued hours and make timely requests to take earned vacation leave. The granting of vacation leave requests is at the discretion of the department head or designee, based on staffing and operational needs of the 40 A.
department. Failure to plan for and timely scheduling of vacation leave shall result in no further vacation hours being accrued when the maximum number of accrued vacation hours is reached. However, no employee shall lose the accrual of vacation hours when timely vacation requests are made. A timely vacation request shall be one that is submitted at least ten (10) days prior to the requested leave date(s).

G. Where an illness or injury necessitates care and treatment by a physician during an employee’s vacation leave, the days shall not be charged against the employee’s vacation accrual. Upon presentation of appropriated documentation from the physician such leave will be changed to the employee’s sick leave.

H. Vacation Buyback Provision – Employees who have used a minimum of 60 hours during the fiscal year can sell up to 80 hours of vacation time back to the City in June of that fiscal year.

This provision will terminate on June 30, 2025 unless agreed to continue by both parties prior to June 30, 2025.

ARTICLE 14. HOLIDAYS
A. The City shall observe the following holidays:

January 1 (New Year’s Day)
The third Monday in January (Martin Luther King, Jr. Day) The third Monday in February (President’s Day)
March 31 (Cesar Chavez Day)
The last Monday in May (Memorial Day)
June 19 (Juneteenth)
July 4 (Independence Day)
The first Monday in September (Labor Day)
November 11 (Veteran’s Day)
Fourth Thursday in November (Thanksgiving Day)
Day After Thanksgiving
December 24 (Christmas Eve)
December 25 (Christmas Day)
December 31 (New Year’s Eve)
B. Observance of Holidays
A City holiday shall also be observed on any day proclaimed by the President, Governor or Mayor of the City as a public holiday.

Where any of the aforementioned holidays falls on a Sunday, the following Monday shall be observed as the holiday. Where the holiday falls on a Saturday, the preceding Friday shall be observed as the holiday. Where Christmas Eve or New Year's Eve falls on a Saturday or Sunday, the preceding Friday shall be observed as the holiday.

When a City holiday falls on an employee's regularly scheduled day off which is other than Saturday or Sunday, another day off shall be granted.
41 A.

C. All employees covered herein are eligible for an additional 16 hours of paid holiday time (floating holidays) for personal use. Paid holiday time (floating holidays) is accumulated annually and may not be carried over into subsequent calendar years.

Probationary employees are not eligible for paid holiday time (floating holidays) during the first six months of employment. During the remainder of the 12-month probationary period, probationary employees are eligible for paid holiday time (floating holidays) on a pro rata basis on the number of month remaining in the 12-month probationary period.

ARTICLE 15. SICK LEAVE
Employees covered by the agreement shall be provided paid sick leave as set forth below. These benefits shall not be considered as a right, which, an employee may use as his discretion, but shall be allowed only where justified by necessity and actual personal sickness or disability.

The accrual and usage of sick leave shall be governed by the following provisions:

A. Sick leave shall be earned at the rate of eight (8) hours for each calendar month of service.

B. Sick leave credits earned may be accumulated without limit. Employees separating from the City service shall not be entitled to any payment of unused, accrued leave.

C. Employees shall not accrue sick leave during their first 90 days of employment under original appointments, but shall receive credits for that period when 90 days of service have been attained.

D. In order to be entitled to sick leave, an employee who, because of illness or injury, is unable to report for work shall so notify his immediate supervisor within one hour from the commencement of the shift. A department head may require an earlier notification where it is warranted due to operational needs.

Failure to provide such notification without good reason may result in that day of absence being treated as a leave of absence without pay. The determination in this regard shall be made by the department head, subject to final approval by the appointing authority. Where the period of absence due to illness or injury is not known at the outset, it shall be the responsibility of the employee to remain in contact with his immediate supervisor, on a daily basis if deemed necessary by the supervisor.

Where the absence is, or is expected to be, for more than two workdays, the employee may be required to file a physician's certificate or a personal affidavit with the Personnel Officer, stating the cause of absence. At its discretion, the City may establish other methods of verification as it deems appropriate. These means shall require the prior approval of the 42 A.
appointing authority and may include, but not be limited to, home visitation and examination by a physician selected by the City.

E. Where an illness or injury is job-related and covered by State Workers' Compensation, accrued sick leave and vacation credits shall be applied to make up the difference between State benefits and full, base salary. However, sick leave shall not be paid for any absence of a law enforcement employee resulting from illness or injury arising out of the course of employment by the City.

F. An employee may use all of their annual accrual of sick leave to attend to the diagnosis, care, or treatment of an existing health condition or preventative care for a child, spouse, registered domestic partner, parent (including biological, adoptive, foster parent, stepparent or legal guardian of an employee or the employee’s spouse or registered domestic partner, or a person who stood in loco parentis when the employee was a minor child), grandparent, grandchild, or sibling. The Personnel Officer may approve use of leave for this purpose for other than the family members defined above.

G. Accrued sick leave may, with department head approval, be used for medical and dental appointments of the employee where it is unfeasible to schedule them on the employee's own time.

H. No accrued leave may be used for an injury or illness arising from outside employment.

ARTICLE 16. BEREAVEMENT LEAVE
Up to five working days per occurrence may be granted by the department head to employees where there has been a death in the employee's immediate family. "Immediate family" shall be defined as the employee's spouse, domestic partner, children, parents, brothers, sisters, grandparents, grandchildren, and in-laws. The Personnel Officer may approve use of leave for this purpose for other than the family members defined above. Extensions to such leaves due to unusual circumstances may be approved by the City Manager or designee.

ARTICLE 17. PERSONAL LEAVE
Employees may use up to one (1) day per year of sick leave for the purpose of conducting personal business which cannot be accommodated on the employee’s own time. Use of this leave must be approved in advance by the department head and shall be deducted from the employee's sick leave balance.

ARTICLE 18. MILITARY LEAVE
43 A.

Military leave shall be granted in accordance with the provisions of the State Military and Veterans code. An employee requesting leave for this purpose shall provide the department head with a copy of the military orders specifying the dates, site and purpose of the activity or mission. Within the limits of such orders, the department head may determine when the leave is to be taken and may modify the employee's work schedule to accommodate the request for leave.

ARTICLE 19. JURY DUTY
An employee who is called to serve as a juror shall be entitled to leave during the period of such service or while necessarily being present in court as the result of such a summons. Under these circumstances, the employee shall be paid his full salary for this period, provided the employee remits jury fees received to the City. Such fees shall not include mileage reimbursements or subsistence payments. In order to receive regular wages, the employee must provide the City with a copy of the summons and any documentation related to attendance.

An employee who is subpoenaed to appear in court in an official capacity shall be allowed to do so without loss of compensation. An employee subpoenaed to appear in court in a matter unrelated to his/her official capacity as a City employee shall be permitted time off without pay.

If the employee elects, accrued vacation or administrative time off may be used for this purpose.

ARTICLE 20. MATERNITY LEAVE
Maternity leaves of absence shall be granted in accordance with applicable provisions of Federal and State law.

ARTICLE 21. MEDICAL LEAVE
The appointing authority may place an employee on a medical leave of absence without pay where, in the appointing authority's judgment, that employee is incapacitated to perform the regular functions of his position. This type of leave may be used pending the employee's anticipated recovery or pending the outcome of a medical evaluation of the employee's physical or mental health as it relates to the performance of his/her work. Before an employee is placed on such leave status, the employee shall be permitted to utilize all accrued sick leave and vacation credits.

Under normal circumstances, no leave directed or granted under this rule shall exceed 90 days at which time the appointing authority may, under extraordinary circumstances, extend the leave for a definite period. Otherwise, the leave shall be terminated.

ARTICLE 22. LONGEVITY RECOGNITION LEAVE
In recognition of twelve (12) consecutive years of service with the City of Brisbane, the City grants to such a qualified employee each year forty hours of time off with pay. Such time off is to be taken within a year of the date the leave is awarded, provided, that the employee schedules 44 A.
appropriate release time with the employee’s supervisor and provided further that such time not taken may not be carried over nor paid out in cash.

In recognition of twenty (20) consecutive years of service with the City, the City grants to such qualified employee a 3.0% (three percent) incentive effective the first full payroll period after January 1, 2023. The incentive increase shall be given to any employee who has twenty (20) years of consecutive service as of January 1, 2023.

ARTICLE 23. MANDATORY ADMINISTRATIVE LEAVE
The appointing authority may place an employee on administrative leave where, in his/her judgment, such action would be in the best interests of the City service. This leave may be with or without pay. Its application may include, but not be limited to, situations where disciplinary matters are pending.

ARTICLE 24. OTHER LEAVES WITHOUT PAY
The appointing authority may grant a confidential employee a leave of absence without pay for a definite period not to exceed three months. Department heads may grant such leaves not to exceed five working days.

The request for leave, and the reasons therefore, shall be submitted in writing by the employee and must be approved in advance by the appoint authority or the department head, as appropriate.

On expiration of the approved leave, the employee shall be reinstated to his former position or to a comparable one if the former position is abolished during the period of leave and the employee otherwise would not have been laid off. Based upon unforeseeable changes in operating requirements, the appointing authority may recall the employee from leave prior to its expiration.

Failure on the part of an employee to return to work on the date originally scheduled or subsequently modified shall be considered as a resignation.

ARTICLE 25. LEAVES OF ABSENCE WITHOUT PAY: EFFECT ON SENIORITY AND

BENEFITS
Except as provided under State law for employees on military leave of absence, employees on leaves of absence without pay shall not, after the first 30 days of such leave, accrue service or leave credits, no shall the City be required to maintain contributions toward group insurance coverage. During the period of such leaves, all service and leave credits shall be retained at the levels existing as of the effective date of the leave.

ARTICLE 26. LAYOFF PROCEDURE
See City Personnel Rules and Regulations
ARTICLE 27. DEMOTION
45 A.

A. Based upon an employee's request or upon an employee's demonstrated inability to perform the tasks of the position, the appointing authority may demote an employee to a position in a classification which carries a lower maximum rate of pay and which the employee is qualified to perform. Under these circumstances, the employee's new rate of pay shall be that step on the new salary range which most closely corresponds to the employee's former salary step.

B. Where such action is based upon an employee's inability to perform the work of the current position, the employee may appeal the action of the appointing authority pursuant to Rule 15 of the City Rules and Regulations.

C. Advance written notice of demotion, together with the effective date, shall be provided to the employee and the employee's department head.

ARTICLE 28. TRANSFER
A. An employee may be transferred by the appointing authority from one position to another position in the same classification or in a comparable classification carrying the same maximum salary rate and which the employee is qualified to perform. Where a transfer would involve two (2) departments or two (2) divisions of the same department, the transfer shall be subject to the approval of both department heads unless it is being made for the purpose of economy or efficiency.

B. Advance written notice of this action, together with its effective date, shall be provided to the employee and the affected managers.

ARTICLE 29. PROMOTIONS
Candidates who successfully complete all components of the examination shall be placed on the appropriate employment list. Preparation and maintenance of employment lists is the responsibility of the Personnel Officer.

All open competitive and promotional lists shall remain in effect for one year unless exhausted or abolished within that period as provided. The Personnel Officer may extend such list for up to six months. The effective date of a list shall be that date on which it is approved for posting by the Personnel Officer.

ARTICLE 30. PROBATIONARY PERIOD AND PERFORMANCE RATINGS The probationary period shall be regarded as part of the testing process and shall be utilized for closely observing the employee's work, for securing the most effective adjustment of the employee to the new position, and for rejecting any probationary employee whose performance does not meet the required standards of work.
46 A.

All original appointees shall serve a probationary period of twelve (12) months. Promotional appointees shall serve a probationary period of not less than six (6) moths, nor more than twelve (12) months.

Where the probationer loses time from the job, whether paid or unpaid, in sufficient amounts as to detract from the stated objective of Rule 11.10 in the City Rules and Regulations, the appointing authority may extend the period of probation beyond the limits contained in the preceding paragraph. This extension may not exceed the aggregate amount of lost time which caused the extension. The probationer shall be so advised prior to the effective date of the extension.

It shall be the duty of each department head and immediate supervisor to investigate carefully the probationer's adjustment and performance to determine whether or not the probationer is qualified for permanent status. The department head shall submit to the Personnel Officer an evaluation of the probationer's performance at times specified by the Officer, but no less than twice during the employee's probationary period.

The final probationary report on each probationer shall include, and earlier reports may include, the department head's recommendation regarding retention.

During the probationary period, an appointee may be rejected at any time by the appointing authority without cause and without right to appeal. Notice of rejection shall be served in writing on the probationer.

An employee rejected during the probationary period from a position in the Classified Service to which he/she has been promoted shall be reinstated to a position in the class from which he was promoted unless the rejection results in dismissal from the City service. Where rejection results in dismissal, the employee shall have the right to appeal such action in accordance with Rule 14 of the City Rules and Regulations and shall be furnished advance notice pursuant to Rule 13.02 of the City Rules and Regulations.

Performance reports shall be completed at least annually for all personnel having permanent status. Such reports may be required more frequently by the Personnel Officer.

ARTICLE 31. DISCIPLINARY PROCEDURE
The appointing authority may take disciplinary action against an employee for misconduct including, but not limited to: chronic absenteeism; incompetence; insubordination; failure to follow work rules; misstatement of fact on an application or other personnel document; falsification of records; unfitness for duty; and absence without authorized leave.

The disciplinary action(s) taken may include suspension, pay reduction, demotion, discharge, or any combination of these or other appropriate penalties.

All disciplinary action taken against an employee must receive the prior approval of the appointing authority except under emergency circumstances which dictate immediate suspension 47 A.
of the employee by the department head or supervisor. In such cases, the employee's department head shall immediately report the action taken to the appointing authority who shall review the case and make a determination concerning the appropriateness of the suspension and of further disciplinary action.

All actions resulting in salary reductions or demotions shall be subject to review by the appointing authority and the department head involved within thirty (30) days following the effective date of the initial action and at regular intervals thereafter.

Employees shall have the right to appeal disciplinary actions pursuant to the applicable provisions of Article 29 set forth below (see Step 4).

ARTICLE 32. GRIEVANCE PROCEDURE
A grievance is defined as any dispute involving the interpretation, application, or alleged violations of:

1. A current Memorandum of Understanding between the City and a recognized employee organization.

2. The City's Personnel Ordinance and City's Rules where the provision in dispute is within the scope of representation.

Should any dispute concern an agreement, rule, or action which prescribes a separate appeal procedure, that dispute shall be excluded from the procedure.

STEP 1: A mid-management or confidential employee who has a grievance shall bring it to the attention of his/her immediate supervisor within five (5) working days of the occurrence of the act which is the basis for the dispute. Where the grievance concerns a matter of proper compensation or a matter which could not reasonably be discovered by the employee within twenty (20) working days of the occurrence. If the employee and the immediate supervisor are unable to resolve the grievance within five (5) working days of the date it is raised with the immediate supervisor, the employee shall have the right to submit a formal grievance which shall contain the information set forth below.

1. The name of the grievant.

2. The grievant's department and specific work site.

3. The name of the grievant's immediate supervisor.

4. A statement of the nature of the grievance including date and place of occurrence.

5. The specific provision, policy, or procedure alleged to have been violated.

6. The remedy sought by the grievant.

7. The name of the individual or organization, if any, designated by the grievant to represent him in the processing of the grievance. However, in no event shall an employee organization other than the one which formally represents the position occupied by the grievant be designated as the grievant's representative. 48 A.

Formal grievances shall be processed beginning with Step 2 of this procedure.

STEP 2: An employee dissatisfied with the decision of the immediate supervisor in Step 1 may submit the grievance to his department head within seven (7) working days from the date of the immediate supervisor's decision. The department head shall respond to the grievance in writing within seven (7) working days from the date of its receipt.

STEP 3: If the employee is dissatisfied with the decision of the department head in Step 2, he/she may submit the grievance to the appointing authority within ten (10) working days from receipt of the department head's response. The appointing authority, or his designated representative, shall respond to the grievance in writing within ten (10) working days of its receipt. Within this period the appointing authority, at his/her discretion, may conduct an informal hearing involving the parties to the dispute.

STEP 4: For any disciplinary suspensions, disciplinary demotions or disciplinary terminations and for no other action(s), an employee who is dissatisfied with the decision of the appointing authority in Step 3 may submit the grievance to arbitration within ten (10) working days from receipt of the appointing authority's decision.

The City and Group shall meet promptly to select a mutually-acceptable arbitrator. The fees and expenses of the arbitrator and a court reporter shall be the responsibility of the City, except in cases where allegations are of criminal misconduct, dereliction of duty, abandonment of position, gross negligence or moral turpitude. Each party, however, shall bear the cost of its own representation, including preparation and post-hearing briefs, if any.

Decision of arbitrators on matters properly set before them shall be final and binding on the parties hereto.

ARTICLE 33. OUTSIDE EMPLOYMENT
Employees shall not carry on, concurrently with their public employment, any other employment, business or undertaking which conflicts or interferes with their City employment.

Outside employment shall not be undertaken by full time employees unless the department head and the appointing authority first approve the employment and determine that it will not adversely affect the employee's quality of work or availability for City service.

Under no circumstances shall an employee be authorized to perform any function related to outside employment or activities during working hours.

ARTICLE 34. USE OF CITY FACILITIES
Upon reasonable advance notice, the City Manager or designee may authorize the use of appropriate City facilities by recognized employee organizations for meetings involving City employees they represent. Such meetings shall not conflict with the conduct of normal City business nor be held during on-duty time of the City personnel concerned. 49 A.

Exceptions to the aforementioned on-duty policy may be granted by the City Manager or designee where it is clearly necessary for a represented employee to confer with his employee representative on a matter concerning employee relations and the City. The time devoted to such meeting shall be kept to a minimum, and the employee representative shall notify the responsible supervisor or manager when arriving at and leaving the work site.

Except as provided above, employee representatives shall not have access to City premises for the conduct of union or association business.

Upon request, the City Manager or designee shall also provide a reasonable amount of space at appropriate City facilities for posting of material by recognized employee organizations. This material shall be subject to review by the City Manager or designee prior to posting. Space allotted for this purpose shall be withdrawn should any posted material contain inflammatory or other objectionable content.

ARTICLE 36. WAIVER PROVISION OF BARGAINING DURING TERM OF AGREEMENT Except as specifically provided for in this Agreement or by mutual agreement in writing during the term of this Agreement, the Group and the City hereby agree not to seek to negotiate or bargain with respect to any matters pertaining to rates, wages, hours, and terms and conditions of employment covered by this Agreement or in negotiations leading thereto, and irrespective of whether or not matters are discussed or were even within the contemplation of any parties hereto during negotiations leading to this Agreement, and any rights in that respect are hereby expressly waived during the term of this Agreement.

During the term of this Agreement, the Group may, upon action by its Executive Board, request in writing to reopen and meet and confer regarding working conditions. This re-opener shall not apply to salary, insurance, or any other monetary item(s), nor shall it apply to specific individual problems, which shall be handled under the grievance procedure.

ARTICLE 37. EMERGENCY WAIVER PROVISIONS
In the event of circumstances beyond the control of the City, such as acts of God, fire, flood, insurrection, civil disorder, national emergency, or similar circumstances, the provisions of this Agreement which restrict the City's ability to respond to these emergencies shall be suspended for the duration of such emergency. After the emergency is over, the Group shall have the right 50 A.
to meet with the City regarding their impact on employees of the suspension of these provisions in the Agreement.

ARTICLE 38. SEVERABILITY PROVISION
Should any article, section, subsection, subdivision, sentence, clause, phrase, or provision of this Agreement be found to be inoperative, void, or invalid by a court of competent jurisdiction, all other provisions of the Agreement shall remain in full force and effect for the duration of this Agreement.

ARTICLE 39. PAST PRACTICE
Continuance of working conditions and practices not specifically authorized by ordinance or resolution of the City Council is not guaranteed by this Agreement. The City shall not be relieved of its obligation to meet and confer with the Group regarding changes in working conditions and practices where otherwise required by law.

The City's Personnel Rules and Regulations shall remain in full force and effect unless contraindicated by a specific provision of the Agreement.

It is understood and agreed by the parties that this Agreement supersedes all previous agreements between the parties, and that upon approval by the Brisbane City Council it shall be binding and enforceable to the full extent permitted by law.

ARTICLE 40. TERM OF THE MEMORANDUM OF UNDERSTANDING
The term of this Memorandum of Understanding shall commence on July 1, 2022, and terminate after June 30, 2026
51 A.

RATIFICATION AND EXECUTION
The City and the Confidential Employees Group have reached an understanding as to certain recommendations to be made to the City Council for the City of Brisbane and have agreed that the parties hereto will jointly urge the Council to adopt a resolution which will provide for the changes contained in said joint recommendation. The City and the Confidential Employees Group acknowledge that this agreement shall not be in full force and effect until adopted by the City Council of the City of Brisbane. If the foregoing is in accordance with your understanding, please so indicate by signing below.

CONFIDENTIAL EMPLOYEES GROUP
Dated____________________

CITY OF BRISBANE
By______________________ By ______________________
Jeannette Maldonado Clayton Holstine
City Manager
By By______________________
Elizabeth Solis Stuart Schillinger
Assistant City Manager
52 A.

By_______________________
Abby Partin
Human Resources Administrator
53 A.

RESOLUTION NO 2022-XX

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BRISBANE

CONCERNING WAGES, HOURS AND WORKING CONDITIONS FOR THE

CONFIDENTIAL MANAGEMENT GROUP
WHEREAS, the City of Brisbane and the Confidential Management Group, have met and conferred in accordance with the requirements of the Meyers-Milias-Brown Act; and
WHEREAS, the City of Brisbane and the Confidential Management Group have reached an agreement regarding wages, hours and working conditions.

NOW, THEREFORE, the City Council of the City of Brisbane resolves as follows:

The Memorandum of Understanding between the City of Brisbane and the Confidential Management Group is approved as set forth in Exhibit A and is incorporated by reference as though fully set forth herein.
_________________

Ayes:

Noes:

Absent: None
Abstain: None
_____________________
Ingrid Padilla, City Clerk
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55 A.
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70 A.

RESOLUTION NO 2022-XX

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BRISBANE

CONCERNING WAGES, HOURS AND WORKING CONDITIONS FOR THE

EXECUTIVE MANAGEMENT GROUP
WHEREAS, the City of Brisbane and the Executive Management Group, have met and conferred in accordance with the requirements of the Meyers-Milias-Brown Act; and
WHEREAS, the City of Brisbane and the Executive Management Group have reached an agreement regarding wages, hours and working conditions.

NOW, THEREFORE, the City Council of the City of Brisbane resolves as follows:

The Memorandum of Understanding between the City of Brisbane and the Executive Management Group is approved as set forth in Exhibit A and is incorporated by reference as though fully set forth herein.
_________________

Ayes:

Noes:

Absent: None
Abstain: None
_____________________
Ingrid Padilla, City Clerk
71 A.

MEMORANDUM OF UNDERSTANDING

BETWEEN THE

CITY OF BRISBANE

AND THE

EXECUTIVE MANAGEMENT GROUP
JULY 1, 2022 – JUNE 30, 2026
72 A.

TABLE OF CONTENTS
BEREAVEMENT LEAVE ARTICLE 16
CLASSIFICATION AND PAY PLAN ARTICLE 5
DEFERRED COMPENSATION – EMPLOYER CONTRIBUTION ARTICLE 12 DISCIPLINARY PROCEDURE ARTICLE 27
EMERGENCY WAIVER PROVISIONS ARTICLE 32
FAMILY AND MEDICAL LEAVE ARTICLE 21
HOLIDAYS ARTICLE 14
HOUSING ASSISTANCE PROGRAM ARTICLE 6
INSURANCE ARTICLE 9
JURY DUTY ARTICLE 19
LAYOFF PROCEDURE ARTICLE 25
LEAVES OF ABSENCE WITHOUT PAY: AFFECT ON SENIORITY ARTICLE 24

LONGEVITY RECOGNITION INCENTIVE
ARTICLE 22
MANAGEMENT RIGHTS AND IMPACT OF MANAGEMENT RIGHTS ARTICLE 4 MANDATORY ADMINISTRATIVE LEAVE ARTICLE 23
MATERNITY LEAVE ARTICLE 20
MILITARY LEAVE ARTICLE 18
NON-DISCRIMINATION ARTICLE 3
OUTSIDE EMPLOYMENT ARTICLE 28
OVERTIME ARTICLE 8
PAST PRACTICE ARTICLE 35
PERSONAL LEAVE ARTICLE 17
PREAMBLE ARTICLE 1
PROBATIONARY PERIOD AND PERFORMANCE RATING ARTICLE 26
PROHIBITED ACTIVITIES ARTICLE 30
PUBLIC EMPLOYEES' RETIREMENT SYSTEM ARTICLE 7
RECOGNITION ARTICLE 2
SEVERABILITY PROVISION ARTICLE 33
SICK LEAVE ARTICLE 15
SUPPLEMENTAL STIPEND & MEDICAL AFTER RETIRMENT ACCOUNT ARTICLE 11 TOTAL COMPENSATION PROVISION ARTICLE 34
TERM OF THE MEMORANDUM OF UNDERSTANDING ARTICLE 36
USE OF CITY FACILITIES ARTICLE 29
VACATION ARTICLE 13
WAIVER PROVISION OF BARGAINING DURING TERM ARTICLE 31
WELLNESS BENEFIT ARTICLE 10
73 A.
1 For the Executive Management Group: __________ For the City: _________

MEMORANDUM OF UNDERSTANDING

BETWEEN THE CITY OF BRISBANE AND

THE EXECUTIVE MANAGEMENT GROUP
ARTICLE 1. PREAMBLE
Pursuant to Government Code 3500, as amended, et seq., the City of Brisbane and the Brisbane Executive Management Group have entered into this Agreement. The purpose of this Agreement is the promotion of harmonious relations, peaceful resolution of differences, and the establishment of rates of compensation, hours of work, and other matters relating to employment conditions to be observed by the parties.

The terms of this Memorandum of Understanding shall be subject to review and meet and confer by the parties if the State of California or the Federal government through executive or legislative action substantially affects the ability of the City to provide funding for City Council adopted services. This review and meet and confer may also be exercised in the event there is a recession (as declared by the National Bureau of Economic Research and defined as two consecutive quarters of negative growth in the United States Gross Domestic Product (GDP)).

ARTICLE 2. RECOGNITION
The City hereby recognizes the Executive Management Employees Group as the majority representative for the bargaining unit consisting of the following classifications:

Assistant to the City Manager
City Clerk
Community Development Director
Director of Marina and Aquatic Services
Marina Services Director
Parks & Recreation Director
Public Works Director/City Engineer
ARTICLE 3. NON-DISCRIMINATION
A. The parties mutually recognize and agree to protect the rights of all employees hereby to join and/or participate in protected Group activities or to refrain from joining or participating in protected activities in accordance with the Employer-Employee Relations Resolution Sections 3500 et seq.

C. Whenever a gender pronoun is used in the Agreement, it shall be understood to include all genders.
74 A.
2 For the Executive Management Group: __________ For the City: _________ ARTICLE 4. MANAGEMENT RIGHTS AND IMPACT OF MANAGEMENT RIGHTS A. The City reserves, retains, and is vested with, solely and exclusively, all rights of management which have not been expressed abridged by specific provision of this Agreement or by law to manage the City, as such rights existed prior to the execution of this Agreement. The sole and exclusive rights of management, as they are not abridged by this Agreement or by law, shall include, but not be limited to, the following rights: