19 A. Placement on Lists: Candidates who successfully complete all components of the examination shall be placed on the appropriate employment list. Preparation and maintenance of employment lists under these Rules shall be the responsibility of the Personnel Officer.
B. Duration of Lists: All open-competitive and promotional lists shall remain in effect for one year unless exhausted or abolished within that period as provided below. The Personnel Officer may extend any 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. The Personnel Officer may abolish any employment list that has fewer than three available eligible candidates on it.
Section 34. Probationary Period and Performance Ratings A. 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. An employee rejected during the original probationary period shall have no appeal rights.
B. All original appointees to positions in classifications covered by this Agreement shall serve a probationary period of eighteen (18) months, which shall begin upon the first day of starting with the City. In the case of a fire fighter trainee who successfully graduates an academy, the time worked as a trainee will count towards the eighteen (18) month probationary period. Promotional appointees shall serve a probationary period of not less than six (6) months. However, the Fire Chief may extend the promotional probationary period for up to six (6) additional months.
C. Where the probationer loses time from the job, whether paid or unpaid, in sufficient amounts as to detract from the stated objectives of City's Personnel Rules and Regulations 11.01, Objective of Probationary Period, 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 that caused the extension. The probationer shall be so advised prior to the effective date of the extension.
D. It shall be the duty of the 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 time specified by the Officer, but no less than twice during the employee's probationary period.
E. The final probationary report on each probationer-shall include, and earlier reports may include, the department head's recommendation regarding retention.
F. During the probationary period, an appointee may be rejected at any time by the appointing authority without cause and without right of appeal. Notice of rejection shall be served in writing on the probationer.
G. 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/she 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
20 Section 40 and shall be furnished advance notice pursuant to Rule 13.02, Notice of Disciplinary Action, of the City's Personnel Rules and Regulations.
H. Performance reports shall be completed at least annually for all personnel having permanent status in positions in the Classified Service. Such reports may be required more frequently by the City Manager or designee, or the Fire Chief. This Section shall be governed by the department Standard Operating Procedure (SOP).
Section 35. Limited Duty for Disabled Employees
The following are guidelines that are to be utilized in determining whether an employee shall be given a limited duty assignment.
A. The employee must have incurred an injury or illness that incapacitates him/her from performing the full duties of his or her job. A physician licensed to practice medicine in the State of California must confirm such disability in writing.
B. There must be a written statement from a physician licensed to practice medicine in the State of California, releasing the employee to perform specific functions. The physician's statement must contain the specifics or the employee's limitations in performing work and how long it is anticipated these limitations are expected to continue.
C. The City may require a second physical examination by a City appointed doctor to assess the employee’s condition and to verify the information in the employee’s physician’s statement certification. The City will pay the cost of the City appointed doctor. In the event the two physician’s examinations and determinations are not in agreement, the City and affected employee will select a mutually acceptable third physician to review the results of the first two doctors and conduct a third examination whose determination shall be final and binding. The cost of the third doctor’s review and examination shall be paid by the City.
D. The assignments will be at the discretion of the Fire Chief, with due regard to the needs of the service and the condition of the employee, and subject to the rights of the employee under the Workers! Compensation Act.
E. Any rehabilitation, therapy, physician’s visits, or other treatment prescribed by the attending physician shall be without the loss of compensation only for the period of time required by applicable state law when the disability is job related.
Section 36. Emergency Management Authority
Nothing contained in this Memorandum of Understanding shall limit the authority of the Fire Chief and the City to make necessary changes during emergencies. The Department Head and/or the City shall notify the Union of such changes as soon as possible. Emergency assignments of personnel shall not extend beyond the period of the emergency. An emergency is defined as an unforeseen circumstance requiring immediate implementation of the change.
Section 37. Discharge or Discipline
The City Manager or his/her designee may take disciplinary action against any employee in the Classified Service for employment related dishonesty, insubordination, being under the influence of
21 alcohol or drugs while on duty, incompetence, willful negligence, failure to perform work as required or to observe the Department's safety rules and the Department's rules and regulations, which must be conspicuously posted and not in derogation of the Memorandum of Understanding, for engaging in strikes, individual or group slowdowns or work stoppages, or for violating or ordering the violation of the Memorandum of Understanding.
Such disciplinary action may include suspension, pay reduction, demotion or discharge.
Section 38. Personnel Files
An employee or his or her representative, on presentation of written authorization from the employee, shall have access to the employee's personnel file on request. The City shall furnish the employee copies of all performance evaluation reports and letters of reprimand or warning prior to placement of such documents into the employee's personnel file. The employee may be required to acknowledge the receipt of any document entered into his or her personnel file. Letters of commendation will be placed in the Personnel File. Certificates of Achievement related to the Fire Department shall be place in the employees Personnel File at the employee's request.
Section 39. Outside Employment
No full-time employee shall engage in employment that constitutes a conflict of interest for the employee or the City. No employee shall engage in outside employment during his/her regular working hours. No uniform, emblem, badge or other employee identification shall be worn by any person while in the employment of someone other than the City. A letter to the Fire Chief shall be submitted for all requests by the employee for permission to engage in outside employment. No employee shall accept or continue employment other than occasional work from other than the City of Brisbane without the approval of the City Manager which may be withheld if such employment constitutes a conflict of interest for the employee or the City or which would interfere with the employee's ability to perform his or her City job.
Section 40. Prohibited Activities
No employee organization shall encourage participation in, nor shall any employee participate in any strike, picketing, slow down, sick-in, or any other form of concerted activity against the City during the term of this Agreement, nor shall any employee recognize any picket line in the course of his duty, nor in any way be involved in the reduction or denial of City service to any premises because of a labor dispute. Any employee who violates any portion of this section is subject to disciplinary action up to and including discharge.
Section 41. Grievance Procedure
A. Definition of a Grievance: A grievance is defined as any dispute that involves the interpretation, application or alleged violation 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.
22 B. Should any dispute concerning an agreement, rule, or action arise which prescribes a separate appeal procedure, that dispute shall be excluded from this procedure.
Step I - An employee who has a grievance shall bring it to the attention of his immediate supervisor within five (5) working days of the occurrence of the act that is the basis for the dispute. Where the grievance concerns a matter of proper compensation or a matter which could not reasonably by discovered by the employee within five (5) working days of its occurrence, the grievance on such a matter shall be raised 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.
a. The name of the grievant.
b. The grievant's department and specific work site.
c. The name of the grievant's immediate supervisor.
d. A statement of the nature of the grievance including date and place of occurrence. e. The specific provision, policy or procedure alleged to have been violated. f. The remedy sought by the grievant.
g. The name of the individual or organization, if any, designated by the grievant to represent him/her 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.
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. If the department head or designee does not respond within the time limits, the grievant may appeal to the next level.
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 heads response (or the date the department head’s response was due).
The appointing authority, or his/her 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 or 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 (or the date the appointing authority’s decision was due).
C. The City and the Union shall meet promptly to select a mutually acceptable arbitrator. If no agreement can be reached, they shall request that the State Mediation and Conciliation Service supply a panel of five (5) names of persons experienced in hearing grievances involving City employees and who are members of the National Academy of Arbitrators (NAA). Each party shall
23 alternately strike a name until only one (1) name remains. The remaining panel member shall be the arbitrator. The order of striking shall be determined by lot.
D. The City and the Union shall share the fees and expenses of the arbitrator and a court reporter equally. Each party, however, shall bear the cost of its own presentation, including preparation, and post hearing briefs, if any.
E. Decisions of arbitrators on matters properly before them shall be final and binding on the parties hereto.
Pay Claims: All complaints involving or concerning payment of compensation shall be filed in writing and no adjustments shall be retroactive for more than sixty (60) days from the date of filing.
Section 42. Emergency Medical Technician (EMT-Basic & EMT-D) and Educational Incentive Employees assigned fire suppression duties (24-hour shift assignment) and the Fire Prevention Officer shall be eligible for educational incentive pay for successfully meeting certain qualifications and requirements.
Participation in the Department’s Physical Fitness Program (employees assigned fire suppression duties) as provided for in Department SOP Article III, Division 2, Section 3.2-6 and EMT-Basic/D (defibrillator) certifications are required for employees assigned to fire suppression duties to be eligible for educational incentive pay.
42.1 EMT Incentive Pay
Represented employees (excluding the Fire Prevention Officer and employees receiving Paramedic Assignment Pay) with EMT-Basic certifications or EMT-P certification will be paid additional compensation equal to five percent (5.0%) of top step Firefighter base pay as EMT Incentive Pay.
All employees shall maintain EMT-Basic certifications as a condition of employment. This requirement does not apply to the Fire Prevention Officer’s position.
The city will assume responsibility to provide all employees one (1) opportunity during each recertification period to re-certify for EMT-Basic during the employee’s regular duty shift. If the Department cannot provide an opportunity to re-certify on-duty the cost of the re-certification training will be paid by the Department.
An employee who fails to re-certify EMT-Basic will, on the date the certification lapses, automatically lose all EMT Incentive and Educational Incentive pay. The loss of incentive pay shall become effective with the next pay period until such time as the employee is once again certified.
Commencing that same date, employees shall have 180 calendar days in which to certify and provide the Fire Chief with the appropriate documentation that the employee is again currently certified EMTBasic. In the event the employee fails to re-certify during that 180-day calendar period, upon the expiration of that 180 days period the employee will then immediately be placed on leave without pay or benefits for 120 days. During that time period it will be the employee’s responsibility to acquire the necessary certification(s) and present the Fire Chief with documentation that the employee again is
24 currently certified. If at the end of this 120-day period the employee fails to obtain current certification(s) the employee’s service with the City of Brisbane shall be terminated.
The Fire Chief may extend the maximum re-certification period for an employee if the employee fails to acquire the necessary time to obtain re-certification due to an extended illness or disability. The amount of additional time allowed is at the option of the Fire Chief, but shall not exceed the leave time missed.
42.2 Educational Incentive
42.2.1 Employees who have:
a) Associate of Arts Degree or
b) A Fire Technology certificate from an accredited institution offering Fire Technology courses and programs under the CFSTES and two (2) years municipal fires suppression experience
Shall receive additional pay of 2.5% of the employee’s base salary.
42.2.2 Employees who have:
a) Bachelor of Arts or Science Degree or
b) An Associate Degree in Fire Technology from an accredited institution offering Fire Technology courses and programs under CFSTES, and CFSTES Fire Officer certification, and four (4) years municipal fire suppression experience Shall receive additional pay of 2.5% of the employee’s base salary.
42.2.3 The Fire Prevention Officer, having CFSTES Prevention Officer I and II, Fire Investigator I, Fire Instructor I certifications and ten (10) years of municipal fire service experience and two (2) years municipal fire service experience as a Fire Prevention Officer shall receive additional pay of 2.5% of the employee’s base salary.
42.3 Accredited Institution and Training Credit
An accredited institution shall mean institutions of higher education accredited by the Western Association of Schools and Colleges or the American Council on Education.
Training, course work, and programs offered by or taken through the State Fire Marshal’s Office and the CFSTES shall meet the requirements of accreditation for purposes of approved training and education.
For purposes of unit credit for State Fire Marshal training not taken through an accredited institution, unit credit shall be assigned based on sixteen (16) lecture hours equal to one (1) semester unit and forty-eight (48) field (lab) hours equal to one (1) semester unit.
Quarter units shall be valued at 0.75 of semester units (3 semester units equals 4 quarter units).
Twelve lecture hours, for course work not take through an accredited educational institution shall equal one (1) quarter unit.
25 42.4 Educational Incentive – non EMT
For purposes of receiving educational incentive pay, a current paramedic certificate will be deemed to meet the requirement of a current EMT-Basic and D certificate.
42.5 Incentive Pay Compensation Rates
The sum total of the base salary plus holiday compensation (calculated at the rate of (6.0%) will be used for the purpose of calculating incentive pays.
Section 43. Seniority
The initial appointment of the employee to a classification in the Classified Service shall be the employee’s seniority with the City. This employment anniversary date shall remain unchanged and shall be controlling for the purpose of establishing total time in the Classified Service. Any leave of absence taken will be governed by the City Personnel Rules & Regulations, Section 17.13 when determining total years of service credit.
The date of appointment to the classification within a City department shall be used to determine the employee’s seniority within that department for the purpose of determining eligibility for such service related benefits, such as vacation leave. If the appointment to the classification in the City department is not voluntary on the part of the employee, then the employee’s City seniority date shall be used to determine the employee’s seniority within the department.
Section 44. Severability of Provisions
Should any Section, clause or provision of this Memorandum of Understanding be declared illegal by final judgment of a court of competent jurisdiction, such invalidation of such Section, clause or provision shall not invalidate the remaining, portions hereof, and such remaining portions shall remain in full force and effect for the duration of this memorandum of Understanding. Upon such invalidation the parties agree immediately to meet and confer on substitute provisions for such parts or provisions rendered or declared illegal.
Section 45. Past Practices and Existing Memoranda of Understanding A. Continuance of working conditions and practices not specifically authorized by ordinance or resolution of the City Council is not guaranteed by this Memorandum of Understanding.
B. The City's Personnel Rules and Regulations shall remain in full force and effect unless contradicted by a specific provision of this Memorandum of Understanding.
C. It is understood and agreed by the parties that this Memorandum of Understanding 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.
D. This Agreement expires June 30, 2029.
E. The parties agree to a reopener to discuss the Department’s SOPs.
26 Section 46. Medical Expense Reimbursement Plan (“MERP”) The Union has indicated its intention to implement a Medical Expense Reimbursement Plan (“MERP”), the sole purpose of which is to provide funding for medical expenses and health insurance costs for eligible retirees, or qualified family members of eligible retirees as established by the MERP.
Participation in the MERP shall be the complete and sole responsibility of Union. The City’s sole responsibility with regard to the MERP will be the deduction and disbursement of funds. The City shall not have any involvement in the MERP’s design, its administration, or in the benefits paid, nor shall the City have any responsibility for any actions of the MERP or its trustees or of the Union with respect to the MERP. The Union will indemnify, defend and hold harmless the City, its agents, officers, and employees, against any and all claims or legal proceedings regarding the operation of the MERP.
RATIFICATION AND EXECUTION
The City and the unit 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 Council to adopt a resolution which will provide for the changes contained in said joint recommendations. The City and the unit agree that this Memorandum of Understanding 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.
INTERNATIONAL ASSOCIATION OF CITY OF BRISBANE
FIREFIGHTERS, LOCAL 2400, AFL-CIO
Dated____________________ By______________________
Jeremy Dennis
City Manager
By_______________________ By______________________
Andrew Martinez Abby Partin
President Human Resources Director
By_______________________
Nick Doyle
Secretary/Treasurer
By_______________________
Craig Briscoe
District Vice President
By______________________
Jon Crawford
Negotiator
By______________________
Joel Lisboa
By_______________________
Lindsey Stratton
APPENDIX A
PARAMEDIC PROGRAM AGREEMENT
BETWEEN THE CITY OF BRISBANE AND THE
INTERNATIONAL ASSOCIATION OF FIREFIGHTERS, LOCAL 2400
AFL-CIO
I. Understanding in Principle
The City and Union acknowledge that each side has had full opportunity to meet and confer concerning the possible implementation of the Countywide ALS-Paramedic Program and that the following provisions constitute the complete agreement between the parties on this subject. It is recognized that the City’s objective is to develop an overall approach to implementing a paramedic program as part of the Countywide ALS-Paramedic Program which is as cost neutral as possible (Program costs born by the City offset to the extent possible by funding provided by the JPA).
However, the City, at its sole discretion, may implement a City Paramedic Program independent of the Countywide ALS-JPA Program in the event the Countywide program is dissolved. If the terms and conditions of the final JPA agreement differ significantly from the proposals submitted to the County Board of Supervisors of February 24, 1998 the parties to this agreement will need to meet and confer.
II. Staffing
It is agreed and understood that paramedic staffing levels will be determined by the City. At no time will paramedics be released from their duties if this staffing level is compromised. The City will staff a minimum of one (1) paramedic on duty each shift.
A. No paramedic may be released from his/her commitment in order to maintain acceptable staffing levels.
B. All “City-Sponsored Student” (as defined in the Paramedic Program Eligibility section) personnel participating in the City’s Paramedic Program must agree to be available for assignment and provide services as a paramedic. No paramedic-certified personnel may withhold provision of paramedic services.
C. Newly hired paramedics and City Sponsored Students must maintain all required certifications and provide paramedic services for the City of Brisbane as part of the Brisbane Fire Department Paramedic Program for a minimum of three (3) years. During that time and until approved to leave the program, possession of and maintenance of all licenses and certifications required of a paramedic for the City of Brisbane must be maintained as a requirement of employment for those personnel assigned to the paramedic program and as required in this section.
D. Employees may request to leave the Fire Department’s Paramedic Program under the following conditions:
1. Employees hired by the City as a Firefighter/Paramedic or assigned to the City’s Paramedic Program must maintain all required licenses and certifications and provide paramedic services as a condition of employment. The Firefighter/Paramedic may request to leave the program after three (3) years of service with the Department as an assigned Paramedic in the City’s paramedic program. The Firefighter/Paramedic will no longer be required, as a condition of
employment, to maintain paramedic licenses and certifications upon the Fire Chief’s approval to leave the paramedic program.
2. City Sponsored Students, requesting to leave the paramedic program must have been a San Mateo County certified paramedic and serve with at least three (3) years of service as an assigned Paramedic in the City of Brisbane Paramedic Program before they can petition to leave the program.
3. No employee may be approved to leave the paramedic program until:
a. The three (3) year paramedic service commitment is completed. b. A certified paramedic replacement is available.
c. There is a position classification open for the employee. d. The Chief approves the request to leave the paramedic program.
4. All requests will be based on the operational and staffing needs of the department as determined by the City.
5. Employees must declare their intent to leave the paramedic program in writing to the Fire Chief, who will sign and date the written request as received.
6. Priority to leave the paramedic program will be based on time spent as a certified paramedic actively working in the department’s paramedic program as an assigned paramedic. The initial group of paramedics may have the same length of service with the department. Therefore, priority to leave the paramedic program will be based on seniority in the department for those initial employees.
E. The Chief may designate the assignment of “Lead Paramedic”. The Lead Paramedic shall be assigned additional responsibilities such as Department Liaison, quality assurance-quality improvement (QA/QI) Coordinator, equipment and supply procurement, record-keeping, and other duties determined by the Chief. The Lead Paramedic shall receive Lead Assignment Pay of 2% of the employee’s base salary.
III. Paramedic Assignment Pay
Employees certified as a Paramedic shall be eligible to receive monthly Paramedic Assignment Pay of thirteen percent (13%) of top step Firefighter base pay. Only paramedics officially designated and assigned to the paramedic program shall receive assignment pay. Employees receiving Paramedic Assignment Pay will not receive EMT Incentive Pay.
A. The Fire Chief may temporarily suspend Paramedic Pay if an employee is absent for more than thirty (30) consecutive calendar days for a non-industrial injury or illness, or leave of absence, excluding paid vacation leave. Upon return to work, an employee shall be returned to assignment status provided that he employee has maintained current paramedic certification during the period of absence.
V. Paramedic Program Eligibility
A. The City will initially fill vacancies with new hires who are paramedic certified. In addition, the City will offer paramedic training, as outlined in the agreement, to existing personnel in the
Firefighter and Captain classifications as is necessary to staff the paramedic program. Funding for all training costs will be based on funds available through the JPA to initially train paramedics.
B. “City-Sponsored Student”: Initially, current full-time regular permanent personnel in the classification of Firefighter or Fire Captain may be eligible for appointment to the Paramedic Program as a “City-Sponsored Student”. The actual number of students is dependent upon the number of vacancies in the department and the number of paramedics required to stall the program as determined by the City.
C. Initial Paramedic training, which is composed of (1) didactic training, (2) clinical training, and (3) field internship training, for existing personnel will be based on the following criteria:
1. Training will be scheduled by the department in coordination with the paramedic training provider with due consideration for the needs of the employee and training funds available from the JPA.
2. The parties involved in the program will work cooperatively to develop a training schedule.
3. During the didactic training, clinical training, and field internship training the employee may receive release time from assigned duty when scheduling conflict occur.
D. City-Sponsored Students may be eligible for an on-time program incentive in recognition of the related commitment and off-duty time that will be required to complete the training program.
The City will provide a training program incentive to authorized City-Sponsored Students of $4,500 incrementally in recognition of successful completion of the training as follows:
Didactic (Classroom Training) $2,500
Clinical Training $1,000
Internship (Ride-Along Training)
Paramedic Certification $1,000
VI. Paramedic Certification
A. It is the responsibility of the paramedic to maintain at all times current certification as directed by the County of San Mateo Health Officer, State Medical Services Authority, and any other local, state or federal regulation and/or certification requirements.
B. All Paramedic personnel shall maintain all required certifications, follow all related and required City, County, State and Federal certifications, policies, procedures, and practices as they apply to performance as a paramedic for the City of Brisbane.
C. The City shall reimburse paramedic-certified personnel for all registration, books, and certification fees related to continuing education, which may be required for paramediccertified personnel to maintain their certifications.
D. The City shall provide as much in-house training, continuing education, and other training as is financially and technically feasible. However, it is the responsibility of the employee to ensure that all license, certifications and training requirements are met on a continual basis for the classification of Paramedic and to provide services as a paramedic for the City of Brisbane and
as a part of the JPA. The City reserves sole discretion in determining whether part or all of the training will be provided by the City or whether the employee will complete all or part of the training of his/her own. The City will provide up to 24-hours of overtime per year in the employee completes all of the training on his/her own time. In the event the training is completed in part by the City and in part by the employee, training cost will be apportioned accordingly. This amount will be considered to cover all incurred expenses. Should certification requirements change both parties agree to meet and confer regarding the impact of these changes. It is understood that a contract re-opener is specific to Section VI.d of this appendix.
VII. City Sponsored Students/Initial Paramedic Selection The City will provide the opportunity for ALS paramedic training to regular, full-time permanent employees in the Firefighter and Fire Captain classifications based on initial program staffing needs.
In anticipation of the Countywide ALS-Paramedic Program being implemented, the parties agree to undertake ALS paramedic training and acknowledge the following:
A. Selection of personnel for ALS paramedic training will be done through an open process based on those employees interested in the program, with the selections of participants subject to an affirmative recommendation for appointment to the Fire Chief by the training vendor. The Fire Chief shall retain discretion as to final approval. Applicants not selected will be given written notice with an explanation. Regular, full-time permanent personnel may sign up to be a CitySponsored Student for ALS paramedic training on a voluntary basis. The selection criteria shall include the following elements:
1. Successful completion of a written and oral examination process (to be given the training vendor),
2. employee’s commitment to the program, and
3. approval of the Fire Chief.
B. The City shall pay all application, registration, tuition, books and certification fees related to training and associated with the ALS paramedic training and certification process. The City shall also pay all application, registration, tuition, books, and certification fees associated with the initial certification and licensing requirements related to ALS paramedic certification by the proposed Countywide JPA for “City-Sponsored” employees.
C. City-Sponsored Student paramedics agree that the following repayment schedule shall apply to any city-sponsored personnel who voluntarily leave the City of Brisbane Fire Department employment prior to completion of three (3) years of service as a paramedic to the City of Brisbane. Employees must sign an agreement agreeing to this condition.
D. The repayment schedule includes:
1. Personnel who elect to discontinue the pursuit of paramedic certification during the paramedic training period will be required to repay the City 100% of incurred tuition costs.
This is to be distinguished from academically failing the program. Any employee who fails vs. quitting will not be required to repay the City.
2. Personnel who leave during their first or second year of active service after initial paramedic certification will be required to reimburse the City for 40% of the initial tuition costs.
3. Personnel who leave during the third year of active service after initial paramedic certification will be required to reimburse the City for 25% of the initial tuition costs.
4. Active service shall be defined as the starting date the employee begins providing service as a paramedic in the City of Brisbane ALS program.
E. Employees who were City-Sponsored Students who completed three (3) years of service in the Paramedic Program who completed three (3) years of service in the Paramedic Program have met this tuition obligation requirement and shall not have any further reimbursement requirements.
F. Personnel who are promoted to a higher classification within the Brisbane Fire Department shall not be required to reimburse the City for costs incurred as described above. However, promotion to a higher classification does not relieve the employee from his/her obligation as a paramedic, except as provided for in Section II of this agreement.
G. City-Sponsored Students/Paramedics who are terminated from the Paramedic Program due to an industrial disability shall not be required to reimburse the City for costs incurred as described above.
H. Extenuating circumstances beyond those cited above shall be evaluated on a case-by-case basis with the final determination to be made by the Fire Chief.
VIII. Shift Changes
A. It is anticipated that temporary shift changes may be necessary to facilitate training citysponsored paramedic students without negatively impacting the Fire Department’s ability to provide an acceptable level of fire protection. This may affect those employees involved in paramedic training as well as those employees not involved with paramedic training. The Fire Department will have sole responsibility and discretion of establishing shift assignments. The Fire Department will make reasonable efforts to minimize the frequency and amount of shift changes to reduce program impact.
B. To distribute paramedic after completion of the training program some of the previous “temporary” shift assignments may become permanent. Additional changes may be needed to ensure proper paramedic distribution between the three (3) shifts.
IX. Workload Modifications
The ALS-Paramedic Program and paramedic training is a high priority for the Brisbane Fire Department. Therefore, the department shall make reasonable efforts to maintain an equitable workload for paramedic students and allow for study and preparation time necessary to meet paramedic training requirements.
X. Vacations, Trades, Other Leave, Overtime
A. Shall be as specified in the MOU and Sop’s, Article IV, Division I, Section through 4.1-14.
B. Personnel assigned to paramedic duty may make trades as specified in the MOU; however, no trade shall be approved or granted unless a qualified paramedic is on duty. Trades shall not be granted when the operational needs of the department are compromised.
C. In most cases of overtime, there should not be a change in the way the overtime rotation is presently administered. A potential exception would be to meet staffing requirements of a certified paramedic. In those cases, the Fire Department will make the overtime available following procedures for overtime specified in the MOU, Section 8 and department procedures.
However, the requirements of the City’s paramedic program must be met and may require making the overtime available to an eligible paramedic certified employee.
XI. Specific Terms and Conditions
This Agreement shall remain in effect for the duration of the City’s involvement with the proposed Countywide JPA or until changes, revisions, additions are made through the meet and confer process.
It is understood and agreed that during the term of the Agreement, should there be any changes in San Mateo County regarding the proposed Countywide JPA that concern the delivery of paramedic services and that materially impact the City’s ALS-program, the parties agree to address such impacts in the manner required under California Government Code Section 3505. It is understood and agreed that should any provision of this Agreement be determined to be inconsistent or incompatible with any requirements under State and Federal law, the parties agree to immediately address the affected provision in the manner required under Government Code Section 3505.
Employee:
Date:
PARAMEDIC TRAINING AGREEMENT
The above identified City of Brisbane Employee as a condition of participation in the ALS Paramedic Training Program, agrees to the following terms and conditions of this Paramedic Training Agreement (“Agreement”) by and between the Employee and the City of Brisbane (“City”) entered into as of the date above.
The City which, in good faith, incur expenses in providing the ALS Paramedic Training Program for the employee with the reasonable expectation that the Employee will complete the program and remain with the City as a trained paramedic for at least three (3) years thereafter. The general terms of the Agreement have been the subject of collective bargaining, and are generally memorialized in the Letter of Understanding between the City and the Firefighter’s Union Local 2400 dated .
A. The City shall pay all costs for application, registration, books, and certification fees associated with the ALS Paramedic training and certification process. The City shall also pay all costs for required application, registration, certification fees, and books associated with initial certification and licensing requirements related to the ALS paramedic certification by the proposed Countywide joint powers authority for “City-Sponsored” employees.
B. In consideration of the commitments stated above and the financial obligations of the City recited, Employee agrees as follows:
1. In the event Employee withdraws from paramedic training before completing the course, or where employee completes paramedic training but fails to secure certification as a paramedic, Employee agrees to and shall reimburse the City for the City’s incurred costs for all application, registration, books, and certification fees paid on behalf of the employee.
2. In the event Employee either: (a) voluntarily leaves employment from the City; (b) retires from City employment on other than an industrial disability retirement; or (c) is terminated from City employment, and any of such events occurs before completion of paramedic training and certification, Employee agrees to and shall reimburse the City for the City’s incurred costs of behalf of the Employee.
3. In the event Employee completes paramedic training and certification, but thereafter either; (a) voluntarily leaves employment from the City, (b) retires from City employment or other than an industrial disability retirement; or (c) is terminated from City assignment as a paramedic with the City after initial paramedic certification of the employee, then Employee agrees to and shall reimburse the City for forty percent (40%) of the City’s incurred costs for all application, registration, books, and certification fees paid on behalf of the Employee.
4. In the event Employee completes paramedic training and certification, but thereafter either: (a) voluntarily leaves employment from the City; (b) retires from City employment on other than industrial disability; or (c) is terminated from City employment, and any of such events occurs within the third year of active assignment as a paramedic with the City after initial paramedic certification of the employee, then Employee agrees to and shall reimburse the City for twenty-five percent (25%) of
the City’s incurred costs for all application, registration, books, and certification fees paid on behalf of the Employee.
Active service or active assignment shall be defined as the starting date the employee begins providing service as a paramedic in the City’s ALS Program.
APPENDIX B - MODIFIED WORK (LIGHT DUTY)
CITY OF BRISBANE - MODIFIED WORK (LIGHT DUTY)
Assignments for Injured Employees
Policy: It is the goal of the City of Brisbane to provide a safe working environment for all employees and to maintain an effective and efficient program for the provision of workers' compensation benefits.
To assist in such efforts, the utilization of light duty assignments will be encouraged wherever practicable.
Purpose: To provide for the return to work of both industrially and non-industrially injured and/or ill employees in a capacity consistent with a disability temporarily precluding the affected employee from the performance of the employee's full and normal duties but not limiting the employee totally such that productive assignments can be performed by the employee without fear of aggravating the injury.
Modified duty including modified work schedules may also be considered for employees on pregnancy disability.
Procedure:
I. An employee must have incurred an injury or illness which incapacitates him or her from performing the full duties of his/her job as set forth in the job description. Such disability must be confirmed in writing by a physician licensed to practice medicine in the State of California.
II. Treating physicians shall be supplied with the following:
a. City's Modified Work (Light Duty) policy,
b. Physician's Evaluation and Release foms,
c. Employee's job description,
d. Job Demands/Employee Restrictions form.
The above forms will be provided to the employee to present to his/her physician upon initial meeting with physician.
III. There must be a written statement from a physician licensed to practice medicine in the State of California, releasing the employee to perform specific functions. The physician's statement must contain the specifics of the employee's limitations in performing work and how long it is anticipated these limitations are expected to continue. A note from the physician affirming or updating the employee's modified duty status is required every 30 days.
IV. The City may require a second physical examination to verify the information in the physician's statement, at City expense.
V. The department head, in consultation with the Director of Human Resources will determine whether there is suitable work available within the department with due regard to needs of the City and the medical condition of the employee, and subject to the rights of the employee under the law.
VI. If a suitable assignment meeting all the restrictions imposed by the treating physician has been found for the injured employee, the employee will be released to light duty in that capacity.
VII. If more than one assignment is available to the employee, the department head, in consultation with the employee, shall determine which assignment shall be worked.
VIII. When performing light duty work assignments ( or modified work schedules for pregnancy disabilities) in accordance with this procedure, employees shall receive full compensation for their regular classification of employment.
IX. Such temporary light duty assignments may continue until such time as the first of the following events has occurred:
a. The employee is given a full and complete release to resume normal work activities by the employee's treating physician and said release is approved by the Director of Human Resources or his or her designee;
b. The employee's condition is declared permanent and stationary, and the employee is unable to perform the duties of his/her regular permanent position; c. The employee's work restrictions have not changed significantly for the better(i.e. they are less restrictive) and the employee can perform a wider range of tasks, qualifying the employee for a more challenging assignment within 6 months from the date of the employee's illness or injury;
d. More than 52 weeks have elapsed subsequent to the date of the employee's illness or injury.
X. An employee will only be assigned to work light duty on those days of the week when he/she would have been regularly scheduled to work full duty, unless the employee and the department work out some other mutually acceptable arrangement.
Light Duty Work During Pregnancy
A pregnant employee may work light duty if attending physician determines light duty to be appropriate.
If the attending physician recommends light duty the employee shall obtain a list of work restrictions from physician. It is the employee's responsibility to insure that the work restrictions are obtained from the physician and returned promptly to the Director of Human Resources The employee may work an alternate light duty schedule (i.e. a 40-hour week at 8-hours per day or 10- hours per day). In the event an employee opts to work an alternate light duty schedule of no less than 40 hours per week, such employee shall not incur a reduction in salary.
Employee will not lose seniority or permanent station assignments due to light duty assignment.
During light duty, the employee may take earned leave time for any doctor's appointments, or may flex their work hours to accommodate doctor appointments and Department needs, to mutual agreement by the employee and the Fire Chief. Flexing work hours shall not result in overtime.
Employees eligible to take a promotional exam will be allowed to participate in the examination, provided the employee's physician certifies in writing that the employee is physically capable of participating in the exam process. The Department will not be responsible for conducting any additional exams in order to accommodate employees who are unable to participate in the process.
An employee on light duty will be permitted to attend training, provided that the requirements of such training are within the employee's work restrictions.
Employee shall return to full duty upon receipt of a physician's statement ce1tifying that the employee is medically qualified to resume regular duties and responsibilities.
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AGREEMENT BETWEEN THE
CITY OF BRISBANE AND THE
MID-MANAGEMENT/PROFESSIONAL
EMPLOYEES GROUP
JULY 1, 2026 – JUNE 30, 2029
EXHIBIT F
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Table of Contents
ARTICLE 1. PREAMBLE ........................................................................................................................ 4 ARTICLE 2. RECOGNITION .................................................................................................................. 4 ARTICLE 3. NON-DISCRIMINATION .................................................................................................. 4 ARTICLE 4. MANAGEMENT RIGHTS AND IMPACT OF MANAGEMENT RIGHTS .................... 2 ARTICLE 5. CLASSIFICATIONS AND PAY PLANS........................................................................... 3 ARTICLE 6. TUITION REIMBURSEMENT .......................................................................................... 5 ARTICLE 7. PUBLIC EMPLOYEES' RETIREMENT SYSTEM........................................................... 5 ARTICLE 8. OVERTIME ......................................................................................................................... 6 ARTICLE 9. INSURANCE....................................................................................................................... 6 ARTICLE 10. SUPPLEMENTAL STIPEND ........................................................................................... 7 ARTICLE 11. DEFERRED COMPENSATION-EMPLOYER CONTRIBUTION................................. 8 ARTICLE 12. VACATION....................................................................................................................... 8 ARTICLE 13. HOLIDAYS ....................................................................................................................... 9 ARTICLE 14. ADMINISTRATIVE LEAVE ......................................................................................... 11 ARTICLE 15. SICK LEAVE .................................................................................................................. 11 ARTICLE 16. BEREAVEMENT LEAVE.............................................................................................. 13 ARTICLE 17. PERSONAL LEAVE....................................................................................................... 13 ARTICLE 18. MILITARY LEAVE ........................................................................................................ 13 ARTICLE 19. JURY DUTY.................................................................................................................... 13 ARTICLE 20. MATERNITY LEAVE .................................................................................................... 14 ARTICLE 21. MEDICAL LEAVE ......................................................................................................... 14 ARTICLE 22. LONGEVITY RECOGNITION INCENTIVE................................................................ 14 ARTICLE 23. OTHER LEAVES WITHOUT PAY................................................................................ 15 ARTICLE 24. LEAVES OF ABSENCE WITHOUT PAY: AFFECT ON SENIORITY AND BENEFITS 15
ARTICLE 25. WELLNESS BENEFIT ................................................................................................... 15 ARTICLE 26. LAYOFF PROCEDURE ................................................................................................. 15 ARTICLE 27. DEMOTION..................................................................................................................... 16 ARTICLE 28. TRANSFER ..................................................................................................................... 16 ARTICLE 29. PROMOTIONS................................................................................................................ 16 ARTICLE 30. PROBATIONARY PERIOD AND PERFORMANCE RATINGS ................................ 16 ARTICLE 31. MANDATORY ADMINISTRATIVE LEAVE .............................................................. 17 ARTICLE 32. DISCIPLINARY PROCEDURE ..................................................................................... 17
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ARTICLE 33. GRIEVANCE PROCEDURE.......................................................................................... 18 ARTICLE 34. OUTSIDE EMPLOYMENT............................................................................................ 19 ARTICLE 35. USE OF CITY FACILITIES ........................................................................................... 20 ARTICLE 36. PROHIBITED ACTIVITIES........................................................................................... 20 ARTICLE 37. WAIVER PROVISION OF BARGAINING DURING TERM OF AGREEMENT....... 20 ARTICLE 38. EMERGENCY WAIVER PROVISIONS ....................................................................... 21 ARTICLE 39. SEVERABILITY PROVISION....................................................................................... 21 ARTICLE 40. PAST PRACTICE............................................................................................................ 21 ARTICLE 41. TERM OF THE MEMORANDUM OF UNDERSTANDING....................................... 21
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MEMORANDUM OF UNDERSTANDING BETWEEN
THE CITY OF BRISBANE AND
THE MID-MANAGEMENT/PROFESSIONAL
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 Mid-Management/Professional 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 (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 Mid-Management/Professional Employees Group as the sole and exclusive representative for the bargaining unit consisting of the following classifications:
Associate Civil Engineer
Communications Manager
Deputy Director of Public Works
Deputy Finance Director
Geographic Information Systems Manager
Financial Services Manager
Harbormaster
Information Technology & Systems
Administrator
Principal Planner
Program Manager (SMCWPPP)
Public Works Superintendent
Public Works Supervisor
Public Works Team Leader
Recreation Manager
Recreation Supervisor
Regional Compliance Program Manager
(Maintenance Program Manager)
Senior Civil Engineer
Senior Management Analyst
Senior Planner
Sustainability Manager
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.
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B. The City and Group agree that they shall not discriminate against any employee because of race, color, sex, sexual orientation, marital status, age, disability, national origin, political or religious opinions or affiliations, or any other status protected by California or federal law. 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 anti-discrimination laws. The parties further agree that this Section shall not be subject to the Grievance Procedure provided in this Agreement. However, any individual, including a representative of the Union, may bring forth a complaint of discrimination and/or harassment on behalf of an employee.
C. Whenever a gender pronoun is used in the Agreement, it shall be understood to include all genders.
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:
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;
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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.
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 the agreed-upon schedule, 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 July 2026, the bargaining unit will receive a Cost of Living Adjustment increase of five percent (5.0%).
2. Effective the first full pay period in July 2027, the bargaining unit will receive a Cost of Living Adjustment increase of four percent (4.0%).
3. Effective the first full pay period m July 2028, the bargaining unit will receive a Cost of Living Adjustment increase equal to the average of (a) the twelve-month increase in the consumer price index (CPI-U San Francisco-Oakland-Hayward) measured from April 2025 to April 2026; (b) the twelve-month increase in the consumer price index (CPI-U San FranciscoOakland-Hayward) measured from April 2026 to April 2027; and (c) the twelve-month increase in the consumer price index (CPI-U San Francisco-Oakland-Hayward) measured from April 2027 to April 2028. However, the July 2028 Cost of Living Increase shall be no less than two and a half percent (2.5%) and no more than four percent (4%) (i.e., CPI 2.5-4%).
B. Additional Compensation
1. City Manager, or their designee,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
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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.
2. Assignment Pay Program
a) Employees in the Mid-Management/Professional Employees Group bargaining unit may apply for and participate in the City Manager, or their designee,’s Assignment Program, in which appointed employees are assigned to perform various and specific work duties that are not within the scope of their regular work duties. The application process for such an assignment (referred to hereafter as an “Additional Assignment”) shall be in accordance with the Personnel Rules & Regulations sections 7.01 - 7.04. The scope and length of an Additional Assignment is at the sole discretion of the City Manager, or their designee,. The current scope of duties of the regular position of an employee appointed to an Additional Assignment shall be adjusted to accommodate the time needed to perform the new assignment. Such adjustment shall be approved and agreed upon by the City Manager, or their designee,, the Department Head and the employee.
b) Prior to the employee agreeing to the assignment, an employee so assigned shall be advised of the monetary compensation from $250 to $750 per month and/or non-monetary compensation above and in addition to his/her current base salary for the full period of assignment. The appropriate amount of additional pay and scope and length of the assignment will be set prior to commencement of the assignment. There shall be no reduction in the amount of additional pay during the term of this agreement. c) Additional Assignments shall be no more than 5 - 6 hours per week on average, but in some weeks may be more and in others less. Should an assignment change in scope of duties and/or length of time during the agreed period, the employee may negotiate new compensation terms.
d) The pay and scope of duties of an Additional Assignment shall not be incorporated in the salary or job description of the regular position of the employee appointed to the assignment, and an employee’s participation in the Assignment Program shall not limit his/her future promotion eligibility. The probationary period and performance rating provisions of Article 27 of the Mid-Management/Professional Employees Group MOU shall apply to Additional Assignments. Application of Article 27’s probationary period and performance rating provisions to an Additional Assignment shall not affect application of those provisions to an employee’s regular work assignment.
e) Withdrawal from an Additional Assignment may be agreed upon by both the City Manager, or their designee, and the employee by written notification at least 2 weeks prior to the withdrawal date, provided that, if completion of a time-sensitive project to which an employee committed requires more than 2 weeks from the time of notification of withdrawal, the employee will complete the project prior to withdrawal from the additional Assignment.
Withdrawal from an Additional Assignment shall not negatively affect an employee’s regular position or eligibility for other assignments or promotions. f) Any adjustment made to the scope of duties of the regular position of an employee appointed to an Additional Assignment shall end upon the employee’s completion of or withdrawal
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from the Additional Assignment, so that the full scope of duties of the regular position prior to the Additional Assignment is restored.
4 Bi-Lingual Pay – Employees in this unit are eligible to receive $200 per month beginning July 2023. This incentive will be paid on a bi-weekly basis. 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
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 of 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 pre-approval 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%.
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New bargaining unit employees hired on or after January 1, 2013 who are determined by CalPERS to be “classic” or “legacy” members of CalPERS will receive the Local Miscellaneous 2%@ 60 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
The City shall provide insurance benefits as agreed upon below. If the City desires to change insurance providers during the term of this agreement, the City and Mid-Management/Professionals Employee Group will negotiate the results of the change with the understanding that a similar benefit will be provided through the length of the agreement term.
A. CalPERS Employer Health Contribution
The City shall make a direct contribution equal to the minimum employer contribution for agencies participating in the Public Employees Medical and Hospital Care Act (PEMHCA) on behalf of each active employee and qualified retiree. This will cease should the City no longer provide health benefits through the PEMHCA in the future.
B. Flexible Compensation Plan
The City shall continue to make a non-elective employer contribution to the flexible benefits plan on behalf of each active employee in an amount which, together with the minimum PEMHCA contribution in Article 9.A above, equals the following:
Single Party: $1,168.86
Two Party: $2,337.72
Family: $3,039.04
Effective beginning of: the plan year beginning January 2027, the plan year beginning January 2028, and the plan year beginning January 2029, the City shall make a non-elective employer contribution to the flexible benefits plan on behalf of each active employee in an amount which, together with the minimum PEMHCA contribution in Article 9.A above, equals the Kaiser rate at each level of coverage (Single, Two-Party, and Family).
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Cash-in-Lieu of Medical Coverage: Employees who waive coverage will be entitled to $800 per month.
C. Dental Benefits
During the term of this agreement, the City shall fund a dental plan for the benefit of employees.
Maximum Coverage:
The current maximum reimbursement amount per employee shall be $2500 for the employee plus $1,100 per dependent per plan year (i.e., fiscal year). The entire reimbursement amount may be used for any covered individual or combination of individuals. For example, a married employee with two (2) children would have a Maximum Reimbursement of $5800, and the employee may use all or part of that reimbursement for themselves, their children, or their spouse so long as the total reimbursed amount does not exceed $5,800 per plan year.
Effective the first pay period in July 2027, July 2028, and July 2029 the Maximum Coverage amounts listed above will be increased by a percentage equal to the annual percentage change in the San Francisco-Oakland-Hayward CPI-U for the twelve months ending in April of the relevant year (e.g., San Francisco-Oakland-Hayward CPI-U for April 2027 will be used to set the July 2027 Maximum Coverage amount).
D. Life and Long Term Disability Insurance
The City shall maintain in effect for the term of this resolution its existing VOYA life and long-term disability insurance plans.
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.
G. State Disability Insurance
Bargaining unit employees participate in the State Disability Insurance Program.
ARTICLE 10. 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. The amount will change to the Medicare Supplemental rate as designated by CALPERS once the employee or dependent is eligible for Medicare. If one covered family member is not in Medicare while another is, the employee will receive the appropriate amount for the combined plan. The benefit will continue only through the life of the employee, not survivors. This is a non-vested benefit. If the employee changes health care carriers, the benefit will cease; provided, however, that in the case of PEMHCA health care plans, an employee may change carriers as long as it the health care plan remains within the PEMHCA
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umbrella. All of the following conditions shall be met for the employee to be eligible to receive this benefit:
1) The employee has 15 years or more service with the City of Brisbane. 2) The employee retires from service with the City of Brisbane. 3) The effective date of the retirement is within one-hundred twenty (120) days of separation from the City of Brisbane.
4) Employees hired after July 1, 2008 are not eligible for the supplemental stipend benefit. Such employees will be eligible to receive a benefit as noted in Article 11 below.
ARTICLE 11. DEFERRED COMPENSATION-EMPLOYER CONTRIBUTION 1) Employees hired on or after July 1, 2008
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 and the above Article 10. Supplemental Stipend will not apply. In the event the employee makes a voluntary contribution of up to five (5.0%) percent of the employee’s base monthly salary toward the 457 deferred compensation plan the City will match such contribution at the rate of dollar ($1.00) per dollar ($1.00) up to a maximum of five percent (5.0%).
2) Employees hired before July 1, 2008
Employees hired 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 only those employees hired before July 1, 2008, who elected 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 will match employee contributions between three (3.0%) and five percent (5.0%) (i.e., the City will match contributions above 3.0% on a dollar-for-dollar basis up to an additional two percent (2.0%)). In no event will the City contribution to the 457 plan exceed five percent (5.0%) annually. 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 12. VACATION
1) 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 160 hours
After 4 years 120 hours 240 hours
After 9 years 160 hours 320 hours
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2) 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.
3) Subject to approval by the City Manager, or their designee,, 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.
3) 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.
4) Vacation leave accrued may exceed the listed maximum hours only with approval of the City Manager, or their designee,. Documentation of all vacation deferments approved by the City Manager, or their designee, shall be provided to Human Resources in such form as specified. 5) 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 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). 6) 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.
7) 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. Unit members who wish to sell back vacation must file an irrevocable election identifying the number of Vacation Leave hours they will sell back in December of the tax year preceding the sell back.
ARTICLE 13. HOLIDAYS
A. For all employees except those assigned to the Marina Department(below), the City shall observe the following holidays (each credited at eight (8) hours of holiday time):
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 (Farmworkers Day)
The last Monday in May (Memorial Day)
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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)
A City holiday shall also be observed on any day proclaimed by the City Council as a public holiday.
B. Observance of Holidays
1. Employees Except Employees in the Recreation and Marina Departments For all bargaining unit employees, except those assigned to the Recreation and Marina Departments, 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.
2. Recreation Employees
For any holiday which is observed by both the City and the Brisbane School District, the employees assigned to Recreation duties shall observe the holiday on the same day as the school district, rather than on the day observed by other City employees. The total number of holiday hours remains unchanged.
C. Floating Holidays
Employees will receive sixteen (16) hours of floating holiday for personal use. Paid holiday hours (floating holidays) are accumulated annually in the first full pay period of the calendar year and may not be carried over into subsequent calendar years.
Probationary employees are not eligible for floating holidays during the first six months of the probationary period. During the remainder of the 12-month probationary period, probationary employees are eligible for floating holidays on a pro rata basis based on the number of months remaining in the 12-month probationary period.
D. Marina Employees
The City shall observe the following holidays for employees who are assigned to the Marina Department (each credited at eight (8) hours of holiday time):
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January 1
Thanksgiving
December 24
December 25
December 31
Marina Employees will observe the five (5) listed holidays on the day they actually fall (not the observed City Holiday). If the holiday falls on an employee’s regular day off, the employee will receive eight (8) floating holiday hours in the pay period following the holiday. However, floating holiday hours for the December holidays will be awarded in the first full pay period in January of the following calendar year.
Marina employees will not observe the remaining nine (9) City-observed holidays and are expected to report to work on regularly-scheduled workdays that fall on any of those days. Marina employees will receive eight (8) floating holiday hours for each of the nine (9) City-observed holidays that are not observed by the Marina Department. These additional floating holidays will be awarded the pay period following the holiday and shall be taken before the end of the calendar year. This additional paid floating holiday time may not be accumulated or carried over into subsequent calendar years.
ARTICLE 14. ADMINISTRATIVE LEAVE
On or about the second pay period of August each year, the department head, with approval from the City Manager, or their designee, may grant up to 10 days Administrative Leave annually to MidManagement/Professional Employees in recognition of solid and consistent performance and significant contribution of time and effort over the past year. The employee can elect to receive such time in the form of pay in lieu of leave time. Such election shall be made before 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.
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.
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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. However, as permitted by CalPERS, employees may apply accrued but unused sick leave towards CalPERS service credit.
C. Employees shall accrue sick leave during their first ninety (90) days of employment under original appointments, but shall not be entitled to use sick leave until ninety (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 City Manager, or their designee,. 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 work days, 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 City Manager, or their designee, and may include, but not be limited to, home visitation and examination by a physician selected by the City.
The payment of sick leave may be suspended by the City Manager, or their designee, where he/she has reasonable grounds to believe that absences on a given day or days are the result of a concerted action of the part of two or more employees which is related to a labor dispute with the City directly or one in which the City is involved as a third party.
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 one-half of his/her 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.
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H. No accrued leave may be used for an injury or illness arising from outside employment.
ARTICLE 16. BEREAVEMENT LEAVE
After completion of thirty (30) days of employment, the Department Head will grant an employee up to five (5) working days of paid bereavement leave per occurrence 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, or as otherwise required by law. Bereavement leave under this provision need not be taken all at once, but must be used within three (3) months of the death of the immediate family member. 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 their designee, or designee. Bereavement leave in excess of five (5) days will be deducted from the employee’s eligible leave banks (vacation, sick leave, and CTO).
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
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
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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. See Personnel Rules and Regulations.
ARTICLE 21. MEDICAL LEAVE
The City Manager, or their designee, may place an employee on a medical leave of absence without pay where, in the City Manager, or their designee'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 City Manager, or their designee, may, under extraordinary circumstances, extend the leave for a definite period. Otherwise, the leave shall be terminated.
ARTICLE 22. LONGEVITY RECOGNITION INCENTIVE
Longevity 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 (40) hours of time off with pay. Longevity leave will be awarded on the employee’s anniversary date.
Employees may not exceed forty (40) hours of longevity leave at any time (i.e., any longevity leave not used before the employee’s next anniversary date will be forfeited). An employee wishing to use longevity leave must schedule that use with the employee’s supervisor. Any time not taken may not be carried over nor paid out in cash.
Longevity Incentive
A. Employees in this unit who have reached 10 years of continuous service with the City shall receive one percent (1.0%) in Longevity Incentive Pay.
B. Employees in this unit who have reached 15 years of continuous service with the City shall receive an additional one percent (1.0%) in Longevity Incentive Pay [total: 2.0%].
C. Employees in this unit who have reached 20 years of continuous service with the City shall receive an additional one percent (1.0%) in Longevity Incentive Pay [total: 3.0%].
D. Longevity pay will be based on number of continuous years of service. All percentages listed above are cumulative, for example, a member with at least 20 years of service will receive a cumulative 3.0% Longevity Incentive Pay.
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The Parties intend Longevity Incentive Pay to be reportable to CalPERS as Special Compensation.
However, the Parties recognize that CalPERS makes the final determination of whether pays like Longevity Incentive are includable as special compensation.
ARTICLE 23. OTHER LEAVES WITHOUT PAY
The City Manager, or their designee, may grant an 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 City Manager 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 City Manager, or their designee, may recall the employee from leave prior to its expiration. If the employee is unable to return to work on the recall date, the employee shall confer with the City Manager on an acceptable return date.
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 24. LEAVES OF ABSENCE WITHOUT PAY: AFFECT 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, nor 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 25. WELLNESS BENEFIT
The City provides up to five hundred dollars ($500) per fiscal year for a wellness benefit.
ARTICLE 26. LAYOFF PROCEDURE
City Personnel Rules and Regulations.
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ARTICLE 27. DEMOTION
A. Based upon an employee's request or upon an employee's demonstrated inability to perform the tasks of the position, the City Manager, or their designee, 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 City Manager, or their designee, 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 City Manager, or their designee, 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 managers 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.
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All original appointees shall serve a probationary period of twelve (12) months. Promotional appointees shall serve a probationary period of six (6) 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 City Manager, or their designee, 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 City Manager, or their designee, 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. Rejections on probation are not subject to appeal pursuant to Article 32. Grievance Procedure.
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. MANDATORY ADMINISTRATIVE LEAVE
The City Manager, or their designee, 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 32. DISCIPLINARY PROCEDURE
The City Manager, or their designee, may take disciplinary action against an employee for just cause, including, but not limited to: chronic absenteeism; incompetence; insubordination; failure to follow
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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 City Manager, or their designee, except under emergency circumstances which dictate immediate suspension 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 City Manager, or their designee, 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 City Manager, or their designee, 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 32 set forth below (see Step 4).
ARTICLE 33. 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 five (5) working days of its occurrence, the grievance on such matter shall be raised within five (5) working days after the employee discovered or could reasonable have discovered the occurrence which is the basis of the dispute. 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.
3. The name of the grievant.
4. The grievant's department and specific work site.
5. The name of the grievant's immediate supervisor.
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6. A statement of the nature of the grievance including date and place of occurrence.
7. The specific provision, policy, or procedure alleged to have been violated.
8. The remedy sought by the grievant.
9. 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.
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 ten (10) 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 City Manager, or their designee, within ten (10) working days from receipt of the department head's response. The City Manager, or their designee,, or his designated representative, shall respond to the grievance in writing within ten (10) working days of its receipt.
Within this period the City Manager, or their designee,, 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 City Manager, or their designee, in Step 3 may submit the grievance to arbitration within ten (10) working days from receipt of the City Manager, or their designee,'s decision.
The City and Association 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 34. 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 City Manager, or their designee, first approve the employment and determine that it will not adversely affect the employee's quality of work or availability for City service.
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Under no circumstances shall an employee be authorized to perform any function related to outside employment or activities during working hours.
ARTICLE 35. USE OF CITY FACILITIES
Upon reasonable advance notice, the City Manager, or their designee, 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.
Exceptions to the aforementioned on-duty policy may be granted by the City Manager, or their designee, 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 their designee, 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 their designee, 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. PROHIBITED ACTIVITIES
No employee organization shall encourage participation in, nor shall any employee participate in any strike, picketing, slow down, sick-out, secondary strike, or any other form of concerted activity against the City during the term of this agreement; nor shall any employee recognize any picket line in the course of his duty, nor in any way be involved in the reduction or denial of City service to any premises because of a labor dispute. (Any employee who violates any portion of this section is subject to disciplinary action.)
ARTICLE 37. 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, 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
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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 38. 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 to meet with the City regarding their impact on employees of the suspension of these provisions in the Agreement.
ARTICLE 39. 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 40. 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 41. TERM OF THE MEMORANDUM OF UNDERSTANDING
The term of this Memorandum of Understanding shall be for the period of July 1, 2026 through June 30, 2029.
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RATIFICATION AND EXECUTION
The City and the Mid-Management/Professional 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 Mid-Management/Professional 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.
CITY OF BRISBANE
By______________________
Jeremy Dennis
City Manager, or their designee,
By______________________
Abby Partin
Human Resources Director
MID-MANAGEMENT/PROFESSIONAL
EMPLOYEES GROUP
Dated____________________
By_______________________
Adrienne Etherton
By______________________
Dustin Cohn
By_______________________
Nicole Houghton
By_______________________
Kenneth Johnson
For Mid-Mgmt/Professionals Group:
MEMORANDUM OF UNDERSTANDING
BETWEEN THE
CITY OF BRISBANE
AND THE
BRISBANE POLICE OFFICERS ASSOCIATION
JULY 1, 2026 – JUNE 30, 2029
Exhibit G
2 TABLE OF CONTENTS
ARTICLE 1. PREAMBLE ......................................................................................................... 4 ARTICLE 2. RECOGNITION ................................................................................................... 4 ARTICLE 3. NON-DISCRIMINATION ................................................................................... 5 ARTICLE 4. MANAGEMENT RIGHTS AND IMPACT OF MANAGEMENT RIGHTS ..... 5 ARTICLE 5. CLASSIFICATION AND PAY RATES.............................................................. 6 ARTICLE 6. OVERTIME.......................................................................................................... 7 ARTICLE 7. CALLBACK PAY................................................................................................ 8 ARTICLE 8. SPECIAL ASSIGNMENT PAYS ........................................................................ 8 ARTICLE 9. WORK WEEK...................................................................................................... 9 ARTICLE 10. SHIFT DIFFERENTIAL .................................................................................. 10 ARTICLE 11. NIGHT SHIFT DIFFERENTIAL INCENTIVE............................................... 10 ARTICLE 12. LONGEVITY INCENTIVE ............................................................................. 10 ARTICLE 13. VACATION...................................................................................................... 10 ARTICLE 14. SICK LEAVE ................................................................................................... 12 ARTICLE 15. INSURANCE.................................................................................................... 14 ARTICLE 16. SUPPLEMENTAL STIPEND .......................................................................... 15 ARTICLE 17. DEFERRED COMPENSATION PLAN .......................................................... 16 ARTICLE 18. EDUCATION INCENTIVE............................................................................. 16 ARTICLE 19. CRISIS INTERVENTION AND BEHAVIORAL HEALTH INCIDENT TEAM PAY........................................................................................................................................... 17 ARTICLE 20. UNIFORM SUPPLY AND MAINTENANCE ................................................ 17 ARTICLE 21. COMPENSATORY TIME OFF....................................................................... 18 ARTICLE 22. PUBLIC EMPLOYEES’ RETIREMENT SYSTEM ....................................... 19 ARTICLE 23. TUITION REIMBURSEMENT ....................................................................... 19 ARTICLE 24. HOLIDAYS ...................................................................................................... 20 ARTICLE 25. ATTENDANCE................................................................................................ 20 ARTICLE 26. PARENTAL LEAVE........................................................................................ 21 ARTICLE 27. MEDICAL LEAVE .......................................................................................... 21 ARTICLE 28. MANDATORY ADMINISTRATIVE LEAVE ............................................... 21 ARTICLE 29. OTHERS LEAVES WITHOUT PAY .............................................................. 22 ARTICLE 30. LEAVES OF ABSENCE WITHOUT PAY; AFFECT ON SENIORITY AND BENEFITS................................................................................................................................ 22 ARTICLE 31. BEREAVEMENT LEAVE............................................................................... 22 ARTICLE 32. JURY DUTY..................................................................................................... 22 ARTICLE 33. LAYOFF PROCEDURE .................................................................................. 23 ARTICLE 34. DEMOTIONS ................................................................................................... 24 ARTICLE 35. TRANSFER ...................................................................................................... 24 ARTICLE 36. PROMOTIONS................................................................................................. 25 ARTICLE 37. PROBATIONARY PERIOD AND PERFORMANCE RATINGS ................. 25 ARTICLE 38. DISCIPLINARY PROCEDURE...................................................................... 26 ARTICLE 39. GRIEVANCE PROCEDURE........................................................................... 26 ARTICLE 40. BULLETIN BOARDS...................................................................................... 28 ARTICLE 41. MEALS ............................................................................................................. 28 ARTICLE 42. MILITARY LEAVE......................................................................................... 28
3 ARTICLE 43. OUTSIDE EMPLOYMENT............................................................................. 28 ARTICLE 44. WAIVER PROVISION ON BARGAINING DURING TERM OF AGREEMENT ................................................................................................................................................... 28 ARTICLE 45. EMERGENCY WAIVER PROVISIONS ........................................................ 29 ARTICLE 46. SEVERABILITY PROVISION........................................................................ 29 ARTICLE 47. PAST PRACTICE............................................................................................. 29 ARTICLE 48. USE OF CITY FACILITIES ............................................................................ 29 ARTICLE 49. PROHIBITED ACTIVITIES............................................................................ 30 ARTICLE 50. NOTICE OF SHIFT CHANGES...................................................................... 30 ARTICLE 51. TERM OF MEMORANDUM OF UNDERSTANDING................................. 30
4 MEMORANDUM OF UNDERSTANDING
BETWEEN THE CITY OF BRISBANE AND THE
BRISBANE POLICE OFFICERS ASSOCIATION
ARTICLE 1. PREAMBLE
Pursuant to Government Code 3500, as amended, et seq., this Memorandum of Understanding has been entered into by the City of Brisbane, hereafter referred to as “the City”, and the Brisbane Police Officers Association, hereafter referred to as “the Association”. The purpose of this Memorandum of Understanding 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 (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
A. Bargaining Unit Representation
The City hereby recognizes the Association as the sole and exclusive representative for the bargaining unit consisting of the following classifications.
Police Officer
Police Corporal
Sergeant
B. Authorized Representatives
The Association shall provide and maintain with the City’s authorized labor relations representative and the Chief of Police, a list of current officials of the Association, as well as the names of any other person(s) who are authorized to officially represent the Association in its dealings with the City.
The City Manager or designee of the City of Brisbane or any person or organization duly authorized by the City Manager or designee, is the representative of the City of Brisbane.
Release time for POA Board Members – Employees who are POA Board Members will receive up to five (5), twelve-hour (12-hour) days of release time per calendar year.
5 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 Association activities or to refrain from joining or participating in protected activities in accordance with the Employer-Employee Relations Resolution and Government Code Sections 3500, et seq.
B. The City and Association agree that they shall not discriminate against any employee because of race, color, religion, sex, sexual orientation, marital status, age, national origin, ancestry, disability, medical condition, military or veteran status. The City and the Association shall reopen any provision 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 and federal antidiscrimination laws.
C. Whenever a gender pronoun is used in this Memorandum of Understanding, it shall be understood to include all genders.
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 be expressed or abridged by specific provisions of this Memorandum of Understanding or by law to manage the City, as such rights existed prior to the execution of the Memorandum of Understanding. 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:
1. To manage the City generally and to determine the issues of policy;
2. To determine the existence of 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 including, 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 duties for lack of work or similar non-disciplinary reasons;
11. To establish and modify productivity and performance programs and standards;
6 12. To discharge, suspend, demote or otherwise discipline employees for proper cause in accordance with the provision 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 Memorandum of Understanding 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 the Agreement;
19. To take any and all necessary action to carry out the mission of the City in emergencies.
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 Association 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 the Memorandum of Understanding.
ARTICLE 5. CLASSIFICATION AND PAY RATES
A. Wages
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 July 2026, the bargaining unit will receive a Cost of Living Adjustment increase of five percent (5.0%).
2. Effective the first full pay period in July 2027, the bargaining unit will receive a Cost of Living Adjustment increase of four percent (4.0%).
3. Effective the first full pay period m July 2028, the bargaining unit will receive a Cost of Living Adjustment increase of three percent (3. 0%).
7 B. Payroll Deduction – Association Dues
Upon the receipt of a written request and authorization from the Union for deduction of Association dues from an employee’s paycheck, the City shall withhold such dues and deductions from the salary of the employee. The amount of the deductions shall be submitted by the City to the officer, bank, and/or firm designated by the Union as the person, bank, or firm authorized to receive such funds. The City shall continue to withhold such deductions unless the Union files a statement with the City withdrawing authorization for the continued withholding of the deductions. Payroll deductions for association dues shall be conducted in accordance with applicable state law.
ARTICLE 6. OVERTIME
Overtime when authorized by an employee’s supervisor, shall be paid on the following basis:
A. The work period for employees assigned to positions other than shift work shall begin on Monday and end on Sunday (40-hours per workweek) and the hours worked will normally fall between 8:00 AM and 5:00 PM or such other schedule as determined by the Department Head.
B. employees assigned to shift work shall work a 7(k) work period. The shift cycle (average of 42-hours per week) shall be four (4) consecutive tours of duty followed by four (4) consecutive days off-duty. The workday shall be 12-hours, with the shifts beginning at 7:00 AM and 7:00 PM or such other schedule as determined by the Department Head. The work period shall be 24 days, where the maximum non-overtime hours will be 147 hours. The City shall retain the right to change the shift cycle and/or work period, so long as the change is intended to be permanent and not done to avoid overtime obligations required under the Fair Labor Standards Act.
C. an employee required to work in excess of the regularly scheduled workday or regularly scheduled work shift, or as required under the Fair Labor Standard Act, shall be compensated for each overtime hour as authorized by employee’s supervisor at a rate of one-and one-half times the employee’s regular rate of pay.
D. The Fair Labor Standards Act requires that educational and other incentive pays be included in determining the regular rate of pay. For shift personnel, the hourly equivalent to the regular rate of pay shall be computed by dividing the annual base pay, including educational and incentive pays, by the total scheduled hours of 2,184. For employees assigned to a forty (40) hour workweek, the regular rate of pay shall be computed by dividing the annual base pay, including educational and incentive pays, by 2,080 hours.
E. Nothing herein shall preclude the covered employee and supervisor from adjusting the employee’s work schedule to reduce or eliminate such overtime if such adjustment is with the mutual consent of the employee and supervisor.
8 ARTICLE 7. CALLBACK PAY
When an off-duty employee is called back to work, a minimum of two (2) hours pay shall be paid.
The callback pay shall be paid at overtime rates if the employee has worked sufficient hours to have been placed into an overtime situation.
A. Court Time
Any employee required to report to court while not on duty shall receive a minimum of four (4) hours pay for such court appearance at the time and one-half rate of pay.
B. Page Standby
Police Sergeants and Officers who volunteer to be on pager standby for purposes of callback to duty shall receive one hour of overtime compensation for every 24 consecutive hours of standby. The employee has the choice of either pay or compensatory time off.
Standby compensation is only authorized by the Chief of Police or his/her designee based on shift staffing. When patrol staffing levels reach a minimum of two sworn employees per each 12-hour shift, then pager standby is authorized for one sworn employee. When one or more of the shifts in a 24-hour period has more than two sworn employees scheduled to work, then pager standby is not authorized.
ARTICLE 8. SPECIAL ASSIGNMENT PAYS
A. Field Training Officer
Officers assigned as Field Training Officers shall receive a premium of 5.0% of base salary per shift when assigned a trainee starting the first full pay period of January 2023.
B. Special Assignment
The Police Chief may, from time to time, make special assignments outside the employee’s classification. Such assignments carry no permanency in class and are made at the sole discretion of the Chief of Police. Participation in such assignments is strictly voluntary.
Officers so assigned by the Chief of Police will receive 5.0% above base salary for the duration of the assignment.
C. K-9 Maintenance Pay
K-9 Officers shall receive compensation equivalent to eight (8) hours of pay at the overtime rate for the care and grooming of their K-9 partner during their off-duty time as outlined in General Directives, Canine Policy.
D. Detective Pay
Officers assigned to detective duties shall receive an additional 10.0% of base salary when so assigned. The assignment to such a position shall be at the discretion of the Police Chief and shall not be considered a “promotional” assignment with the expectation of continuing to receive additional compensation when re-assigned to patrol duties. Employees assigned to detective duties are not eligible to receive holiday pay (6.0%) in lieu of holiday observance.
9 E. School Resource Officer
Officers assigned as a School Resource Officer shall receive the same benefits as officers assigned to detective duties.
F. Commander Pay
The City may assign a Sergeant to perform the full range of duties of a City of Brisbane Police Commander. An employee so assigned will receive ten percent (10%) above the employee’s current Sergeant base pay for the duration of such assignment. Such assignment outside of the Brisbane Police Officers’ Association’s bargaining unit is at the sole discretion of the City and may be revoked at any time.
G. SWAT Assignment Pay
Officers assigned to SWAT shall receive an addition 2.0% of base salary starting the first full pay period of January 2023.
H. Motor Officer Assignment Pay
Officers assigned as a Motor Officer shall receive an additional 5.0% of base salary starting the first full pay period of January 2023
I. Bi-Lingual Pay
Officers are eligible to receive one hundred and fifty dollars ($150) per month beginning the first pay period in July 2023. This incentive will be paid on a bi-weekly basis.
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.
J. Out of Class Pay
The Department may assign bargaining unit employees who meet the minimum qualifications of a higher classification to act in a position in that higher classification. Employees who are required to perform the full duties of the higher classification shall be paid not less than five percent (5.0%) more than the employee’s current base pay for all hours performing the out of class assignment.
ARTICLE 9. WORK WEEK
A. Police Officers, Police Corporals and Police Sergeants assigned shift work shall work four consecutive days of twelve-hour shifts followed by four consecutive days off as the shift cycle to be followed during the course of the Agreement. Police Officers, Police Corporals and Police Sergeants assigned to other schedules shall work a forty-hour work week. However, it is also understood that nothing contained in the Agreement precludes the Police Chief from making assignments of other hours of work or shift schedules for individuals should the Police Chief determine that the needs of the service so warrant such assignment(s).
B. There will be varying shift cycles for employees covered by this unit as outlined below:
1. Police Officers, Police Corporals and Police Sergeants assigned to shift work will work 147 hours in a twenty-four (24) day cycle and/or 2,184 hours annually.
10 2. Members who are full-time employee and not assigned as shift work personnel shall work a forty-hour workweek and/or 2,080 hours annually.
3. Nothing herein shall restrict the City rights under its layoff procedure set forth in its Rules and Regulations.
ARTICLE 10. SHIFT DIFFERENTIAL
A. Shift Employees assigned to and who work a forty-two (42) hour per week work schedule will receive an additional payment of two and a half percent (2.5%) of base wage.
ARTICLE 11. NIGHT SHIFT DIFFERENTIAL INCENTIVE
Employees routinely and consistently assigned to the night shift (1900 to 0700) will receive an additional 5.0% of base salary. The 5.0% differential shall apply only to hours worked during the night shift. Employees who cover the night shift on overtime do not qualify for Night Shift Differential.
ARTICLE 12. LONGEVITY INCENTIVE
A. As of January 2023, employees in this unit shall receive a 1.0% step increase for those who have reached 10 years of continuous service with the City.
B. As of January 2023, employees in this unit shall receive a 1.0% step increase for those employees who have reached 15 years of continuous service with the City.
C. As of January 2023, employees in this unit shall receive a 3.0% step increase for those employees who have reached 20 years of continuous service with the City. .
D. Longevity pay will be based on number of continuous years of service. All percentages listed above are cumulative, for example, by January, a member with at least 20 years of service will receive a cumulative 5.0% step increase in total for longevity pay.
ARTICLE 13. VACATION
A. All full-time personnel in the Classified Service shall be entitled to annual vacation leave as provided below:
Law Enforcement Shift Personnel (42-hour workweek)
Years Annual
Continuous Accrual Maximum
Service Amount Accrual
First 4 years 84 hours 168 hours
11 After 4 years 126 hours 252 hours
After 9 years 168 hours 336 hours
Non-Shift Personnel (40-hour workweek)
Years Annual
Continuous Accrual Maximum
Service Amount Accrual
First 4 years 80 hours 160 hours
After 4 years 120 hours 240 hours
After 9 years 160 hours 320 hours
B. Vacation credits shall be accrued pro rata on each pay period. Original appointees to law enforcement classifications shall not be eligible to take 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.
Lateral appointees to law enforcement classifications shall be eligible for the second tier of vacation, if upon the date of hire, the employee possess nine (9) years of demonstrated experience in his/her field of hire. Advance vacation leave allowance shall be awarded at the discretion of the City Manager. Lateral appointees awarded the second tier of vacation upon the date of hire shall be eligible to move to the third tier of vacation after four (4) years of service. The third tier of vacation shall be the maximum allowable annual vacation accrual.
C. Subject to approval of the City Manager or designee, 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 operational needs 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 accrued 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 a vacation leave request is at the discretion of the Police Chief or designee, based on staffing and operational needs of the department. Failure to plan for and timely scheduling of vacation leave shall result in the loss of further accrual of vacation hours 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 which is submitted within ten (10) days of the requested leave date(s).
12 G. Where an illness or injury necessitates care and treatment by a physician during an employee’s vacation leave, the days of care and treatment shall not be charged against the employee’s vacation accrual. Upon presentation of appropriate documentation from the physician such leave will be changed to the employee’s sick leave.
H. Employees who leave the City service during their first six months of employment under original appointments shall not receive any vacation leave or payment therefor. All other employees in the Classified Service shall, upon separation in good standing, be entitled to receive payment at their current base rate of pay for all vacation credits earned, but not taken as of the effective date of separation. However, no such payment shall be made for vacation leave credited in advance of being earned.
I. Vacation Buyback - Employees who are within fifteen (15) hours of the maximum allowed vacation hours in their vacation bank can sell up to 84 hours of vacation time back to the city in June of the fiscal year. Unit members who wish to sell back vacation must file an irrevocable election identifying the number of Vacation Leave hours they will sell back in December of the tax year preceding the sell back.
ARTICLE 14. SICK LEAVE
Employees covered by this agreement shall be provided paid sick leave as set forth below. Sick leave shall not be considered as a right that an employee may use at his/her discretion, but shall be allowed only in the case of actual sickness, injury, disability, or medical appointment, that prevents the employee from performing the full scope of the usual and customary duties of his/her classification. An employee who is granted sick leave is expected to take the appropriate recuperative steps and/or follow physician recommended recuperative steps to assure a timely return to work.
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 hours for each calendar month of service, except that shift personnel shall accrue such leave at the rate of 8.4 hours per month.
B. Sick leave credits for law enforcement shift personnel may be accumulated to a maximum of 1,092 hours and non-shift personnel may accumulate sick leave credits to a maximum of 1,040 hours. Employees separating from the City service shall not be entitled to any payment of unused, accrued leave.
C. Employees shall accrue sick leave during their first ninety (90) days of employment under original appointments, but shall not be entitled to use that leave until ninety (90) days of service have been attained. However, lateral entry appointment shall be eligible to accrue and use sick leave credits upon the date of hire.
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 prior to the
13 commencement of the shift. Per the department’s General Orders, 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 and is subject to final approval by the City Manager or designee.
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/her immediate supervisor, on a daily basis if deemed necessary by the supervisor.
Where the absence is, or is expected to be, for more than one workday, the employee may be required to file a physician’s certificate or stating the specific medical condition and the cause and nature of the illness, injury, disability, or condition that prevents the employee from performing the usual and customary duties of his/her classification with the City Manager or designee. When deemed appropriate, the City Manager or designee may require verification of the employee's ‘doctor'’ certificate by a physician specified by the City.
In the event the employee’s doctor’s certificate and the opinion of the City’s specified doctor’s verification as to the employee’s ability and/or scheduled time to return to work disagree, the employee may be required to report to a physician that has been agreed to by the employee’s physician and the City’s physician. The opinion of this physician shall be the final determination. The City will agree to pay for all costs associated with this verification and/or examination. A request for sick leave may be denied and the employee placed on leave without pay and/or disciplinary action being taken up to and including termination, should the employee fail to return to work after being deemed eligible to return to work by this third physician.
The department head or designee may deny a sick leave request and place the employee on leave without pay based on reasonable evidence that the employee failed to follow appropriate and/or doctor specified recuperative steps.
The payment of sick leave may be suspended by the City Manager or designee where there is reasonable grounds to believe that absences on a given day or days are the result of a concerted action on the part of two or more employees which is related to a labor dispute with the City directly or one in which the City is involved as a third party.
E. Where an illness or injury is job-related and covered by State Worker’s 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 which is covered under Labor Code 4850.
F. An employee may use one-half of his/her 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
14 person who stood in loco parentis when the employee was a minor child), grandparent, grandchild, sibling, or other individual as required by law. The City Manager or designee may approve use of leave for this purpose for other than the family members defined above.
G. Usage of this benefit shall be charged as follows:
1. Law enforcement shift personnel – One shift equals twelve (12) hours charged against the applicable balance.
2. 40-hour law enforcement personnel – One shift equals eight (8) hours charged against the applicable balance.
H. 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.
I. No accrued sick leave may be used for any injury or illness arising out of outside employment.
ARTICLE 15. INSURANCE
A. CalPERS Employer Health Contribution
The City shall make a direct contribution equal to the minimum employer contribution for agencies participating in the Public Employees Medical and Hospital Care Act (PEMHCA) on behalf of each active employee and qualified retiree. This will cease should the City no longer provide health benefits through the PEMHCA in the future.
B. Flexible Compensation Plan
The City shall continue to make a non-elective employer contribution to the flexible benefits plan on behalf of each active employee in an amount which, together with the minimum PEMHCA contribution in Article 15.A above, equals the following:
Single Party: $1,168.86
Two Party: $2,337.72
Family: $3,039.04
Effective beginning of: the plan year beginning January 2027, the plan year beginning January 2028, and the plan year beginning January 2029, the City shall make a non-elective employer contribution to the flexible benefits plan on behalf of each active employee in an amount which, together with the minimum PEMHCA contribution in Article 15.A above, equals the Kaiser rate at each level of coverage (Single, Two-Party, and Family).
Cash-in-Lieu of Medical Coverage: Employees who waive coverage will be entitled to $800 per month.
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.
15 Maximum Coverage: The current maximum reimbursement amount per employee shall be $2500 for the employee plus $1,100 per dependent per plan year. The entire reimbursement amount may be used for any covered individual or combination of individuals. For example, a married employee with two (2) children would have a Maximum Reimbursement of $5800, and the employee may use all or part of that reimbursement for themselves, their children, or their spouse so long as the total reimbursed amount does not exceed $5,800 per plan year.
Effective the first pay period in July 2027, July 2028, and July 2029 the Maximum Coverage amounts listed above will be increased by a percentage equal to the annual percentage change in the San Francisco-Oakland-Hayward CPI-U for the twelve months ending in April of the relevant year (e.g., San Francisco-Oakland-Hayward CPI-U for April 2027 will be used to set the July 2027 Maximum Coverage amount).
D. Life and Long Term Disability Insurance
The City shall maintain in effect for the term of this agreement its existing life insurance plan.
The City agrees to maintain in effect for the term of this agreement long-term disability insurance with the carrier requested by the unit, California Law Enforcement Association. The City further agrees to add the cost of the long-term disability premium to the employee’s pay warrant as gross income for the purpose of the disability premium being paid by the employee through a payroll tax deduction.
E. Vision Care Insurance
The City shall maintain in effect for the term of this agreement its existing level of vision care insurance. 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 existing agreement in order to provide an employee assistance program. In addition, this existing agreement shall provide for five (5) additional counseling sessions per incident for employees of this unit, for a total of 10 visits per incident.
G. Wellness Benefit
The City will provide up to five hundred dollars ($500) per fiscal year for a wellness benefit.
ARTICLE 16. SUPPLEMENTAL STIPEND
The parties agree to a Supplemental Stipend, in recognition of long-term service with the City of Brisbane, for employees retiring from City service after July 1, 2002.
For employees who retire after July 1, 2002, a stipend will be paid that is equal to the single party premium rate charged to the City by Kaiser- if all of the following conditions are satisfied:
1) the employee was hired prior to January 1, 2013 (if the employee separates from the City and returns to City within 5 years of their separation date his/her original hire date will be used for purposes of this section);
16 2) the employee has 15 years or more service with the City of Brisbane; 3) retires from service;
4) the effective date of the retirement is within 120 days of separation from the City of Brisbane.
In addition, it is agreed that an employee will no longer be eligible for such stipend should the employee elect to be covered by another medical plan other than that provided at the time of retirement. Furthermore, it is agreed that an employee who once waives his/her participation, such medical plan coverage and such waiver shall be irrevocable.
ARTICLE 17. DEFERRED COMPENSATION PLAN
A. Employees may voluntarily participate in the City’s deferred compensation plan.
B. For employees hired on or after January 1, 2013 the City will contribute one point five percent (1.5%) of the employee’s base monthly salary toward a deferred compensation plan and the above Supplemental Stipend will not apply. In the event the employee makes a contribution of five percent (5.0%) or more of the employee’s base monthly salary toward the deferred compensation plan, the City will match such contribution up to a maximum of five percent (5.0%).
C. For individual employees 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 a 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 the deferred compensation plan, the City will match such contribution 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.
ARTICLE 18. EDUCATION INCENTIVE
Educational incentive pay is provided to those law enforcement sworn personnel covered by the agreement as follows.
Plan A
An additional 3.5% of base salary is granted to such employees holding an Intermediate POST Certificate. Another 2.5% of base salary is granted to such employees holding an Advanced POST Certificate. The maximum aggregate educational incentive pay granted under Plan A is 6.0% of base salary.
17 Plan B
An additional 5.0% of base salary is granted to such employees holding an Associate of Arts Degree. Another 5.0% of base salary is granted to such employee holding a Bachelor’s Degree.
The maximum aggregate educational incentive granted under Plan B is 10.0% of base salary.
Employee hired prior to April 1, 2001, are eligible to elect either Plan A or Plan B. Employees who elect Plan A, then subsequently meet the requirement of Plan B, are eligible to move to Plan B. Employees hired after April 1, 2001, are eligible for Plan B only.
ARTICLE 19. CRISIS INTERVENTION AND BEHAVIORAL HEALTH INCIDENT TEAM PAY
Effective the first full pay period in July 2026, employees who are routinely and consistently assigned to the Crisis Intervention and Behavioral Health Team (CIT) will be granted an additional one and one-half percent (1.25%) of base salary. To qualify for assignment to the CIT, an individual must have:
A. Completed and received a certificate of completion for the full (40-hour) California POST CIT Training (CIT); and
B. Completed at least one of the following Advanced CIT Training courses:
o Crisis Intervention First Look: Focused Response for Veterans o Crisis Intervention First Look: Focused Response for Youth o Crisis Intervention Behavioral Health Training Field Training Officer (FTO) o Crisis Intervention Team-Leadership
o Crisis Intervention With Mentally Ill
o Crisis Response Training involving Veteran & Military Personnel The determination of employee eligibility, selection for CIT training, assignment to the CIT, and continued participation in the CIT program shall remain at the sole discretion of the Police Chief or designee based on the operational needs of the Department.
ARTICLE 20. UNIFORM SUPPLY AND MAINTENANCE
A. Department will issue to all safety employees the following equipment, which shall remain Department property at all times:
1. Law enforcement safety equipment, including belt, firearm, handcuff, riot gear, flashlight, rain gear and rubber boots, and jump suit.
2. Badges, identification cards, keys.
B. The Department will issue the following to all new employees and will inventory all existing officers and supply additional items to reach the following number and specifications. All listed items shall become the property of the officer upon successful completion of probation.
1. One nylon jacket
18 2. Three short-sleeve wool uniform shirts
3. Three long-sleeve wool uniform shirts
4. Three pair wool uniform trousers
5. One pair OSHA boots
6. Four cotton T-shirts
7. One dress jacket and tie
8. All uniform patches
9. One wool visor cap
10. Three name tags
11. 500 personalized business cards
12. One bullet-resistant vest and two covers selected by the officers from Department approved vendors within threat level, to a maximum of $400.
C. The Department will replace all unserviceable items, as needed.
D. Officers will receive annually three T-shirts and one nametag.
E. Vests will be replaced at the officer’s option at five years of service. Old vests shall be returned.
F. The Department will also provide the following:
1. Unlimited cleaning
2. Tailoring, alteration and repairs
3. Service stripes, rank insignia and special assignment accouterments G. Personal Property
The Department will repair or replace all items of personal property lost or damaged during the performance of duty. The maximum loss paid at any one incident will be $100.
H. Effective Date
For Officers who are classic CalPERS members, the monetary value of reportable provided uniforms is calculated by the City and reported to CalPERS. As of July 5,2010, the monetary value of reportable provided uniforms is $74.74 per pay period. The amount of the uniform allowance is based on actual purchase and maintenance costs for uniforms incurred in the prior fiscal year for the department, calculated as follows:
• (Total Maintenance Costs/number of officers) + (Total Purchases Made Classic Employees/Number of Classic Employees) = Monetary Value • Monetary Value is divided over the 26 pay periods, and is the amount reported to the Officer and CalPERS as the Uniform Allowance each fiscal year ARTICLE 21. COMPENSATORY TIME OFF
Members of the Association who are eligible to earn overtime shall be eligible to earn compensatory time off (CTO) at the rate of one-and-one-half times for every hour of overtime. No one may accumulate more than one hundred sixty (160) hours of comp time. An employee who has requested to use accumulated compensatory time off is permitted to use such time within a
19 reasonable period after making the request unless, in the opinion of the department head or designee, the request would unduly disrupt the operations of the department.
ARTICLE 22. PUBLIC EMPLOYEES’ RETIREMENT SYSTEM
The City participates in the California Public Employees Retirement System (CalPERS).
Retirement benefits under CalPERS are as follows:
A. For employees classified as “Classic Members” and/or became a CalPERS member prior to January 1, 2013:
1. 3% @ 55 Local Safety Police retirement formula.
2. Final Compensation one (1) year
3. 1959 Survivor Benefits (Level 3)
4. Unused Sick Leave Credit – Local Member
5. 2% Annual Cost-of-Living Allowance Increase
6. Improved Non-Industrial Disability Allowance
7. Military Service Credit as Public Service
8. $5,000 Retired Death Benefit
Employees classified as “Classic Members” shall pay the 9% employee CalPERS contribution.
B. For employees classified as “New Members” and/or became a CalPERS member on or after January 1, 2013:
1. 2.7% @ 57 Safety Members retirement formula
2. Final Compensation three (3) year
3. 1959 Survivor Benefits (Level 3)
4. Unused Sick Leave Credit – Local Member
5. 2% Annual Cost-of-Living Allowance Increase
6. Improved Non-Industrial Disability Allowance
7. Military Service Credit as Public Service
8. $5,000 Retired Death Benefit
Employees classified as “New Members” pay 50% of the normal cost of the CalPERS contribution.
C. To the extent permitted by law, including but not limited to Internal Revenue Code Section 414(h)(2), pension cost contributions shall be made on a pre-tax basis. It is understood that the City cannot guarantee such tax treatment as the State Legislature or Congress may alter the statutory authority for this tax treatment and the Franchise Tax Board, the IRS or the U.S.
Treasury Department may alter revenue rulings regarding such tax treatment.
ARTICLE 23. TUITION REIMBURSEMENT
Tuition reimbursement shall be governed by Police Department General Orders, Tuition Reimbursement Policy. However, any tuition reimbursement provided under said orders shall be
20 limited to the amount which the California State University system charges under its fee schedule for tuition and books.
ARTICLE 24. HOLIDAYS
A. Employees assigned to law enforcement shifts (42-hour) shall receive compensation in lieu of holiday observance in the amount of six percent (6.0%) of their base salary.
B. Employees not assigned to 42-hour shifts.
1) Employees assigned to duties that are scheduled for a forty-hour workweek and nonrotating shifts shall receive paid eight (8) hours of holiday time and be excused from duty for each of 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)
2) All employees assigned to duties that are scheduled for a forty-hour workweek and non-rotating shifts are eligible for an additional sixteen (16) hours of paid holiday time (floating holidays) for personal use. Paid holiday time (floating holidays) shall accrue on the first full pay period in January of each year and may not be carried over into subsequent calendar years. Floating holiday hours must be used by the end of the last full pay period of the calendar year.
ARTICLE 25. ATTENDANCE
Employees shall be in attendance at their work in accordance with rules and policies regarding hours of work, leaves and related conditions. Department heads shall be responsible for maintaining employee attendance records which shall be reported to the City Manager or his designee in the form and at the time prescribed by him.
Except in extraordinary circumstance, an employee who is unable to report for work at the beginning of his established shift shall notify his immediate supervisor within one hour from the commencement of such shift. Failure to provide this notification may result in the unreported
21 period of absence for the day being considered as leave without pay. An employee who is absent without notification for more than one work day shall be subject to disciplinary action including discharge, pursuant to Rule 13, Personnel Actions: Disciplinary, of the Personnel Rules and Regulations. The one-hour notification provision shall not preclude a department head, with approval of the City Manager or his designee, from requiring an earlier notification where it is warranted due to operational needs.
In order to insure employee availability for the protection of life and property and to otherwise serve the health, safety and welfare of the community, the City Manager or designee is authorized to establish a reasonable response time for employees to report to work after call to duty under emergency conditions. This response time may vary be operating unit, the type of personnel involved and the type of emergency, but shall not serve to require employees to reside within City boundaries.
ARTICLE 26. PARENTAL LEAVE
Parental leaves of absence shall be granted in accordance with applicable provisions of Federal and State law.
ARTICLE 27. MEDICAL LEAVE
The City Manager or designee may place an employee on a medical leave of absence without pay where, in the City Manager or designee’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 employees physical or mental health as it relates to the performance of his work. Before an employee is placed on such leave status, the employee shall be permitted to utilize all accrued sick leave and vacation credits.
A medical leave of absence may also be directed by the City Manager or designee in cases where an employee is already off the job due to illness or injury has exhausted all accrued sick and vacation credits.
Under normal circumstances, no leave directed or granted under this rule shall exceed 90 days, at which time the City Manager or designee may, under extraordinary circumstances, extend the leave for a definite period. Otherwise, the leave shall be terminated.
Nothing herein shall be construed as modifying the provisions of the State Labor Code Section 4850 as it relates to public safety personnel.
ARTICLE 28. MANDATORY ADMINISTRATIVE LEAVE
The City Manager or designee may place an employee in the Classified Service on administrative leave where, in his 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.
22 ARTICLE 29. OTHERS LEAVES WITHOUT PAY
The City Manager or designee may grant an 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 therefor, shall be submitted in writing by the employee and must be approved in advance by the City Manager or designee 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 City Manager or his designee may recall the employee from leave prior to its expiration.
ARTICLE 30. LEAVES OF ABSENCE WITHOUT PAY; AFFECT ON SENIORITY AND
BENEFITS
Except as provided under State Law for employees on military leaves of absence, employees on leaves of absence without pay shall not, after the first 30 days of such leave, accrue service or leave credits, nor shall the City be required to maintain contributions toward group insurance coverages. During the period of such leaves, all service and leave credits shall be reinstated at the levels as of the effective date of the leave.
ARTICLE 31. 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 (as defined in Rule 17.03, Sick Leave, as employee’s spouse, domestic partner, children, parents, in-laws, brothers, sisters, grandparents and grandchildren, or as otherwise required by law). The City Manager or his designee 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 32. 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.
23 ARTICLE 33. LAYOFF PROCEDURE
A. The City Council may abolish any position in the Classified Service due to lack of funds, work or need.
B. The layoff of employees resulting from the elimination of positions shall be governed by the following procedures:
1. Layoffs shall be made within the affected job classification in reverse order of total time in the Classified Service, including any period of probation, paid leave or active military leave. Except as provided under the Personnel Rules & Regulations, Leaves of Absence Without Pay: Effect on Seniority and Benefits of these Regulations, no service credits shall be earned during any leave of absence without pay. Where time in service is equal between two (2) or more affected employees, their evaluations shall serve as the determining factor.
2. The order of layoff in the affected classifications shall be:
a. Temporary employees
b. Probationary employees
c. Permanent employees
3. Probationary and permanent employees in the Classified Service who, under paragraph 1., above, are scheduled to be laid off shall receive at least twenty-one (21) days’ written notice to this effect.
In lieu of layoff, a permanent employee may elect transfer or demotion to a vacant position in the Classified Service, which the City intends to fill and for which the employee is qualified. Such actions shall be governed by the terms of Rule 12.03, Demotion, and 12.04, Transfer, and in no event shall result in an employee being placed in a classification carrying a higher maximum rate of pay.
Within ten (10) days from the date layoff notices are issued, an employee who would otherwise be laid off may elect to displace an employee in a classification carrying a lower or the same maximum rate of pay; provided, however, that the displacing employee must have held permanent status in such classification and have greater time in the Classified Service than the employee being displaced.
A probationary or permanent employee displaced in accordance with this paragraph shall, in turn, be provided the same notice and displacement privilege as set forth in this paragraph.
4. Permanent and probationary personnel laid off in accordance with this Rule shall, at their request, be placed on a re-employment list as provided by Rule 9.03 of these Regulations.
If an employee is re-employed from such a list, all service credits and other benefits accrued to the date of layoff shall be restored. In no event, however, shall the City be required to restore credits for vacation and other benefits paid out at the time of layoff.
24 At the time of layoff, the employee’s name shall be removed from all promotional eligible lists, but, at the employee’s request, shall be retained on open-competitive lists subject to the provisions of Rule 9.05, Employment Lists, of these Regulations.
5. A probationary or permanent employee laid off pursuant to this Rule shall have the right of appeal directly to Step 3 of the Grievance Procedure contained in Rule 15, Grievance Procedure, of these Regulations. An appeal filed under these circumstances shall not in any way be construed as stemming from a disciplinary action and the sole issue appropriate for determination shall be questions concerning interpretation or administration of the layoff procedure. An appeal filed under this paragraph shall not serve to suspend or delay layoff proceedings unless the City Manager determines otherwise.
In no event shall the City Manager be empowered to hear and rule upon the City Council’s judgment as to the merit and necessity of the elimination of positions.
ARTICLE 34. DEMOTIONS
A. Based upon an employee’s request or upon an employee’s demonstrated inability to perform the tasks of the position, the City Manager 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 City Manager pursuant to Article 37, Grievance Procedure.
C. Advance written notice of demotion, together with the effective date, shall be provided the employee and the employee’s department head.
ARTICLE 35. TRANSFER
A. An employee may be transferred by the City Manager 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 the employee and the affected managers.
25 ARTICLE 36. PROMOTIONS
Candidates who successfully complete all components of the examination shall be placed on the appropriate employment list. Preparation and maintenance of employment lists under these Rules shall be the responsibility of the City Manager or designee.
All open-competitive and promotional lists shall remain in effect for one year unless exhausted or abolished within that period as provided below. The City Manager or designee may extend such list up to six months. The effective date of a list shall be that date on which it is approved for posting by the City Manager or designee.
ARTICLE 37. 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 a new position and for rejecting any probationary employee whose performance does not meet the required standards of work.
All original appointees to positions in classifications covered by this agreement shall serve a probationary period of twelve (12) months following successful completion of the Field Training Program. Promotional appointees shall serve a probationary period of not less than six (6) months.
However, the Chief of Police may extend the lateral probationary period for up to six (6) additional months.
Where the probationer loses time from the job, whether paid or unpaid, in sufficient amounts as to detract from the stated objectives of City’s Rule 11.01, Objective of Probationary Period, the City Manager or his designee 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 City Manager or his designee an evaluation of the probationer’s performance at times specified by the Officer, but no less that 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, and appointee may be rejected at any time by the City Manager or his designee without cause and without right of 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 has been promoted shall be reinstated to a position in the class from which he was
26 promoted unless the rejection results in dismissal from City service. Where rejection results in dismissal, the employee shall have the right to appeal such action in accordance with Rule 14, Appeals Procedure and shall be furnished advance notice pursuant to Rule 13.02, Notice of Disciplinary Action. Rejections on probation are not subject to appeal pursuant to Article 38.
Grievance Procedure.
Performance reports shall be completed at least annually for all personnel having permanent status in positions in the Classified Service. Such reports may be required more frequently by the City Manager of his designee.
ARTICLE 38. DISCIPLINARY PROCEDURE
A. The City Manager or designee may take disciplinary action against an employee in the Classified Service for just cause 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; and absence without authorized leave.
B. The disciplinary action(s) taken may include suspension, pay reduction, demotion, discharge, or any combination of these or other appropriate penalties.
C. All discipline action taken against an employee in the Classified Service must receive the prior approval of the City Manager except under emergency circumstances which dictate immediate suspension 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 City Manager who shall review the case and make a determination concerning the appropriateness of the suspension and of further disciplinary action.
D. All actions resulting in salary reductions or demotions shall be subject to review by the City Manager and the department head involved within thirty (30) days following the effective date of the initial action and at regular intervals thereafter.
E. Employees shall have the right to appeal disciplinary actions pursuant to the Personnel Rules & Regulations.
ARTICLE 39. GRIEVANCE PROCEDURE
A grievance is any dispute which involved the interpretation or application of any provision of this Memorandum of Understanding excluding, however, those provisions of the Memorandum of Understanding which specifically provide that the decision of the City Manager or any City official shall be final, the interpretation or application of those provision not being subject to the grievance procedure.
STEP 1 An employee who has a grievance shall bring it to the attention of his 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
27 compensation or a matter which could not reasonably be discovered by the employee within five (5) working days of its occurrence, the grievance on such a matter shall be raised 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.
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 receipt.
STEP 3 If the employee is dissatisfied with the decision of the department head in Step 2, they may submit the grievance to the City Manager or his designee within ten (10) working days from receipt of the department head’s response. The City Manager, or designated representative, shall respond to the grievance in writing within ten (10) working days of its receipt. Within this period the City Manager, at their 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 City Manager in Step 3 may submit the grievance to arbitration within ten (10) working days from receipt of the City Manager’s decision.
The City and the Association shall meet promptly to select a mutually acceptable arbitrator. The fees and expenses of the arbitrator and a court reporter shall be shared by the City and the Association. Each party, however, shall bear the cost of its own presentation, including preparation and post hearing briefs, if any.
28 Decision of arbitrators on matters properly set before them shall be final and binding on the parties hereto.
ARTICLE 40. BULLETIN BOARDS
Officers shall secure permission of their superior officer before placing any material on a departmental bulletin board, and placing notices on the daily bulletin shall conform with departmental directives.
ARTICLE 41. MEALS
All Police employees shall be granted two, 20-minute breaks during their tour of duty. Police personnel shall be granted one, 45-minute meal break during a 12-hour tour of duty. Officers shall not go out of service for meals and personal breaks without available radio or telephone communications. Officers shall not leave the City of Brisbane for meals or personal breaks without the permission of a superior officer.
ARTICLE 42. MILITARY LEAVE
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 43. 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 in the Classified Service unless the department head and the City Manager or his designee 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 44. WAIVER PROVISION ON BARGAINING DURING TERM OF AGREEMENT Except as specifically provided for in the Agreement or by mutual agreement in writing during the term of this Agreement, the Association 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 or employment covered by this Memorandum of Understanding or in negotiations leading thereto, and irrespective of whether or not matters were discussed or were even within the contemplation
29 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 Association may, upon action by its Executive Board, request in writing to reopen and meet and confer regarding working conditions. This reopener 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 45. EMERGENCY WAIVER PROVISIONS
In the event of circumstance 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 Memorandum of Understanding 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 Association shall have the right to meet with the City regarding their impact on employees of the suspension of these provisions in the Memorandum of Understanding.
ARTICLE 46. SEVERABILITY PROVISION
Should any article, section, subsection, subdivision, sentence, clause, phrase, or provision of this Memorandum of Understanding be found to be inoperative, void, or invalid by a court of competent jurisdiction, all other provisions of the Memorandum of Understanding shall remain in full force and effect for the duration of this Memorandum of Understanding.
ARTICLE 47. PAST PRACTICE
Continuance of working conditions and practices not specifically covered by this MOU shall not be guaranteed by this Memorandum of Understanding.
The City’s Personnel Rules and Regulations shall remain in full force and effect unless contraindicated by a specific provision of this Memorandum of Understanding.
ARTICLE 48. USE OF CITY FACILITIES
Upon reasonable advance notice, the City Manager or his 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.
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 meetings 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.
30 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 49. PROHIBITED ACTIVITIES
No employee organization shall encourage participation in, nor shall any employee participate in any strike, picketing, slow down, sick-out, sympathy strike, or any other form of concerted activity against the City during the term of the Agreement; nor shall any employee recognize any picket line in the course of his duty, nor in any way be involved in the reduction or denial of City service to any premises because of a labor dispute. Any employee who violates any portion of this section is subject to disciplinary action.
ARTICLE 50. NOTICE OF SHIFT CHANGES
The Parties agree to work collaboratively in an attempt to reduce the number of instances when shift start times are changed on short notice. The Parties agree that, in order to do so, sworn employees will need to provide additional notice to the department of planned absences. The Parties agree that flexibility requires mutual effort. The Parties shall meet within 60 days of ratification of this agreement with the intention of developing protocols to further these goals.
ARTICLE 51. TERM OF MEMORANDUM OF UNDERSTANDING
The term of this Memorandum of Understanding shall be for the period of July 1, 206through June 30, 2029.
31 RATIFICATION AND EXECUTION
The City of Brisbane and the Brisbane Police Officers Association 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 Council to adopt a new wage and salary resolution which will provide for the changes contained in said joint recommendations. The City and the Association acknowledge that this Memorandum of Understanding shall not be in full force and effect until adopted by the City Council of the City of Brisbane. Subject to the foregoing, this Memorandum of Understanding is hereby executed by the authorized representative of the City and the Association entered into this ____________ day of ____________, 2026.
CITY OF BRISBANE BRISBANE POLICE OFFICERS ASSOC.
Jeremy Dennis, City Manager Chad Miller, President
Abby Partin, Human Resources Director Lester Vega, Vice President ___________________________________
Robert Malone, Treasurer
AGREEMENT BETWEEN THE
POLICE CHIEF
AND THE CITY OF BRISBANE
JULY 1, 2026– JUNE 30, 2029
EXHIBIT H
TABLE OF CONTENTS
BEREAVEMENT LEAVE ARTICLE 15
CLASSIFICATION AND PAY PLAN ARTICLE 5
DEFERRED COMPENSATION – EMPLOYER CONTRIBUTION ARTICLE 11 DISCIPLINARY PROCEDURE ARTICLE 27
EMERGENCY WAIVER PROVISIONS ARTICLE 32
FAMILY AND MEDICAL LEAVE ARTICLE 20
HOLIDAYS ARTICLE 13
HOURS OF WORK AND OVERTIME ARTICLE 8
HOUSING ASSISTANCE PROGRAM ARTICLE 6
INSURANCE ARTICLE 9
JURY DUTY ARTICLE 18
LAYOFF PROCEDURE ARTICLE 25
LEAVES OF ABSENCE WITHOUT PAY: EFFECT ON SENIORITY AND BENEFITS ARTICLE 23
LONGEVITY RECOGNITION INCENTIVE ARTICLE 22
MANAGEMENT RIGHTS AND IMPACT OF MANAGEMENT RIGHTS ARTICLE 4 MANDATORY ADMINISTRATIVE LEAVE ARTICLE 21
MATERNITY LEAVE ARTICLE 19
MILITARY LEAVE ARTICLE 17
NON-DISCRIMINATION ARTICLE 3
OUTSIDE EMPLOYMENT ARTICLE 28
PAST PRACTICE ARTICLE 34
PERSONAL LEAVE ARTICLE 16
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 14
SUPPLEMENTAL STIPEND ARTICLE 10
TERM OF THE AGREEMENT ARTICLE 36
UNIFORM SUPPLY AND MAINTENANCE ARTICLE 35
USE OF CITY FACILITIES ARTICLE 29
VACATION ARTICLE 12
WAIVER PROVISION OF BARGAINING DURING TERM ARTICLE 31
WELLNESS BENEFIT ARTICLE 24
-1-
MEMORANDUM OF UNDERSTANDING
BETWEEN THE CITY OF BRISBANE
AND THE POLICE CHIEF
ARTICLE 1. PREAMBLE
Pursuant to Government Code 3500, as amended, et seq., the City of Brisbane and the Police Chief 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).
ARTICLE 2. RECOGNITION
The City hereby recognizes the Police Chief as the sole and exclusive representative for this bargaining unit.
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, or any other status protected by California or federal law. 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 anti-discrimination laws. The parties further agree that this Section shall not be subject to the Grievance Procedure provided in this Agreement. However, any individual, including a representative of the Union, may bring forth a complaint of discrimination and/or harassment on behalf of an employee.
C. Whenever a gender pronoun is used in the Agreement, it shall be understood to include all genders.
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
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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:
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;
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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.
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 Police Chief 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. CLASSIFICATION AND PAY PLAN
A. Salaries
Wages for the Police Chief classification are set forth in Appendix “A,” which is hereby incorporated as though set forth in full.
Step A is the normal beginning step. However, with the approval of the City Manager, a person with exceptional qualifications may be appointed at a higher step. If an employee has performed satisfactorily during his/her first six months of employment, a step increase may be granted.
Successive step merit increases shall be granted annually thereafter, until the top step is reached if, in the opinion of the City Manager, performance of the employee merits such an increase.
The following changes in the wages will be made during the term of the agreement:
1) Effective the first full pay period in July 2026, the bargaining unit will receive a Cost of Living Adjustment increase of five percent (5.0%). 2) Effective the first full pay period in July 2027, the bargaining unit will receive a Cost of Living Adjustment increase of four percent (4.0%). 3) Effective the first full pay period m July 2028, the bargaining unit will receive a Cost of Living Adjustment increase of three percent (3.0%).
B. Additional Compensation
1. On or about the second pay period of August each year, the City Manager may grant up to 10 days management incentive annually to Police Chief in recognition of performance and significant contribution of time and effort over the past year. Based upon the determination of the City Manager as to the ability of the City to afford paying out management incentive, the employee can elect to receive this leave in the form of time off or pay. 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.
If there is an inability of the City to pay out Administrative Leave it will be awarded as leave time. For employees who are hired after the second pay period of August and do not
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serve a full year in their management position before the second pay period of the following Augsut, their management incentive leave shall be prorated. .
2. The employee in this unit may be appointed to act as Deputy City Manager. Appointment to this position is at the discretion of the City Manager. The employee, when so appointed, shall be eligible to receive up to 10.0% of his/her current base salary.
3. Bi-Lingual Pay – Employees in this unit are eligible to receive $200 per month effective the first pay period in July 2023. This incentive will be paid on a bi-weekly basis 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.
ARTICLE 6. HOUSING ASSISTANCE PROGRAM
The City Council hereby establishes a policy of encouraging Police Chief to participate in the community as a resident of Brisbane. To that end, the City Manager and Administrative Services Director shall implement a Housing Assistance Program.
Such assistance may be provided in the form of a housing allowance in the sum of $250 per month for an employee who resides in Brisbane.
The City Manager may also offer loans to the Police Chief to provide the employee with assistance in purchasing housing. The City Manager shall administer the program and shall review the circumstances and financial need of the Police Chief in order to determine the most appropriate means, if any, to effectuate the housing financing consistent with the financial conditions of the City and such other pertinent factors as the City Manager deems applicable. Arrangements for housing financing shall be reviewed and approved by the City Attorney prior to being presented to the City Council for final approval. In no event is the City obligated to provide such assistance and may in its sole discretion terminate or modify this Housing Assistance Program.
ARTICLE 7. PUBLIC EMPLOYEES' RETIREMENT SYSTEM
Employees hired by the City and who have entered CalPERS membership prior to January 1, 2013 will receive the Local Safety 3% @ 55 CalPERS retirement plan. The employee contribution for those participating in the Local Safety 3%@ 55 retirement plan will be 9.0%.
New Police Chief 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 Safety 3%@ 55 retirement plan. The employee contribution for those participating in the Local Safety 3%@ 55 retirement plan will be
9.0%.
New Police Chiefs hired on or after January 1, 2013 who are determined by CalPERS to be “new” members of the CalPERS retirement system will receive the Local Safety 2.7% @ 57 retirement plan. The employee contribution for those participating in the Local Safety 2.7% @ 57 retirement plan will be 50% of the normal cost for the retirement benefit. 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.
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ARTICLE 8. HOURS OF WORK AND OVERTIME
As defined by the Fair Labor Standards Act, the Chief of Police is considered exempt and as such is exempted from the Act’s overtime requirements.
ARTICLE 9. INSURANCE
A. CalPERS Employer Health Contribution
The City shall make a direct contribution equal to the minimum employer contribution for agencies participating in the Public Employees Medical and Hospital Care Act (PEMHCA) on behalf of each active employee and qualified retiree. This will cease should the City no longer provide health benefits through the PEMHCA in the future.
B. Flexible Compensation Plan
The City shall continue to make a non-elective employer contribution to the flexible benefits plan on behalf of each active employee in an amount which, together with the minimum PEMHCA contribution in Article 9.A above, equals the following:
Single Party: $1,168.86
Two Party: $2,337.72
Family: $3,039.04
Effective beginning of: the plan year beginning January 2027, the plan year beginning January 2028, and the plan year beginning January 2029, the City shall make a non-elective employer contribution to the flexible benefits plan on behalf of each active employee in an amount which, together with the minimum PEMHCA contribution in Article 9.A above, equals the Kaiser rate at each level of coverage (Single, Two-Party, and Family).
Cash-in-Lieu of Medical Coverage: Employees who waive coverage will be entitled to $800 per month.
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 $2500 for the employee plus $1,100 per dependent per plan year. The entire reimbursement amount may be used for any covered individual or combination of individuals. For example, a married employee with two (2) children would have a Maximum Reimbursement of $5800, and the employee may use all or part of that reimbursement for themselves, their children, or their spouse so long as the total reimbursed amount does not exceed $5,800 per plan year.
Effective the first pay period in July 2027, July 2028, and July 2029 the Maximum Coverage amounts listed above will be increased by a percentage equal to the annual percentage change in the San Francisco-Oakland-Hayward CPI-U for the twelve months ending in April of the
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relevant year (e.g., San Francisco-Oakland-Hayward CPI-U for April 2027 will be used to set the July 2027 Maximum Coverage amount).
D. Life Insurance & Long Term Disability
The City shall maintain in effect for the term of this agreement the existing life and long-term disability insurance plans.
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. 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.
The amount will change to the Medicare supplement once the employee or dependent is eligible for Medicare. If one covered family member is not in Medicare while another is, the employee will receive the appropriate amount for the combined plan. The benefit will continue only through the life of the employee, not survivors, and shall be subject to change in subsequent MOUs. If the employee changes health care carriers, the benefit will cease; provided, however, that in the case of PEMHCA health care plans, an employee may change carriers as long as it the health care plan remains within the PEMHCA umbrella. All of the following conditions shall be met for the employee to be eligible to receive this benefit:
1) The employee has 15 years or more service with the City of Brisbane. 2) The employee retires from service with the City of Brisbane. 3) The effective date of the retirement is within one-hundred twenty (120) days of separation from the City of Brisbane.
4) Employees hired after July 1, 2008 are not eligible for the supplemental stipend benefit.
Such employees will be eligible to receive a benefit as noted in Article 11 below. 5) Any employee hired before July 1, 2008 and who retires before July 1, 2020, and who meets the conditions above, will be paid a stipend that is equal to the single party premium rate charged the City by Kaiser
ARTICLE 11. DEFERRED COMPENSATION-EMPLOYER CONTRIBUTION A. For employees hired on or after July 1, 2016 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 and the above Article 10. Supplemental Stipend will not apply. In the event the employee makes a voluntary contribution of up to five percent (5.0%) or more of the employee’s base monthly salary toward the 457 deferred compensation plan the City will
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match such contribution at the rate of one dollar ($1.00) per dollar ($1.00) up to a maximum amount of five percent (5.0%).
B. Employees hired on or before July 1, 2016 shall have the option of contributing to their 457 deferred compensation plan without forfeiting any rights to the retiree medical supplemental stipend.
C. For only those individual employees hired on or before July 1, 2016, and who elected 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 will match employee contributions between three (3.0%) and five percent (5.0%) (i.e., the City will match contributions above 3.0% on a dollar-for-dollar basis up to an additional two percent (2.0%)). In no event will the City contribution to the 457 plan exceed five percent (5.0%) annually. 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 12. 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 160 hours
After 4 years 120 hours 240 hours
After 9 years 160 hours 320 hours
B. Vacation credits shall be accrued pro rata on each pay period.
C. 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.
D. Subject to approval by the appointing authority, 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.
E. If operational needs are such that an employee cannot take all or part of his annual vacation in a particular calendar year, such vacation shall either be taken during the following calendar year or paid for at the discretion of the appointing authority.
F. Based upon operational needs or employee preference, the use of vacation leave earned in a given year may be deferred to the following year. However, the total amount of vacation at
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any time shall not exceed two years annual accrual without approval of the appointing authority. All vacation deferments approved by the City Manager shall be furnished to Human Resources in such form as may be specified.
G. Employees of this unit may be eligible for a higher tier of Article 11, Section A Vacation Leave above, if upon the date of hire, said employee possesses nine (9) years or more demonstrated experience in their respective field of hire. This advanced vacation leave allowance shall be awarded to a new or recently appointed employee at the discretion of the City Manager.
Employees who are awarded the second tier vacation leave allowance shall graduate to the third and final tier after four years of service as Police Chief. The third tier of vacation shall be the maximum allowable annual vacation accrual.
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.
Unit members who wish to sell back vacation must file an irrevocable election identifying the number of Vacation Leave hours they will sell back in December of the tax year preceding the sell back.
ARTICLE 13. HOLIDAYS
A. The City shall observe the following holidays (each credited at eight (8) hours of holiday time):
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 (Farmworkers 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)
A City holiday shall also be observed on any day proclaimed by the City Council as a public holiday.
B. Observance of Holidays
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.
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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.
C. All full-time scheduled employees covered herein will receive sixteen (16) hours of paid holiday time (floating holidays) for personal use. Paid holiday time (floating holidays) is accumulated annually in the first full pay period of the calendar year 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. Based on the number of months remaining in the calendar year upon the conclusion of six months of employment, the employee is eligible for paid holiday time (floating holidays) on a pro rata basis (2 hours per month).
ARTICLE 14. 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 following provisions shall govern the accrual and usage of sick leave:
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. Employee 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 has 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. The City Manager 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 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 work days, 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 appointing authority and may include, but not be limited to, home visitation and examination by a physician selected by the City.
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The payment of sick leave may be suspended by the appointing authority where he/she has reasonable grounds to believe that absences on a given day or days are the result of a concerted action of the part of two or more employees which is related to a labor dispute with the City directly or one in which the City is involved as a third party.
E. Where an illness or injury is job-related and covered by State Workers' Compensation, accrued sick leave and vacation credits may be applied to make up the difference between State benefits and full, base salary.
F. An employee may use one-half of his/her 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 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 15. BEREAVEMENT LEAVE
After thirty (30) days of employment, the City Manager will grant up to five (5) working days of paid bereavement leave per occurrence to full-time 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, (including step-parents), siblings (including step-siblings), grandparents, grandchildren, and in-laws, or as otherwise required by law. City Manager or designee may approve use of leave for this purpose for other than the family members defined above. The City Manager or designee may also approve extensions to such leaves due to unusual circumstances. Bereavement leave in excess of five (5) days will be deducted from the employee’s eligible leave banks (vacation, sick leave, and CTO).
ARTICLE 16. PERSONAL LEAVE
The full-time employee in this unit may use up to one (1) day per year of sick leave for 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 City Manager and shall be deducted from the employee's sick leave balance.
ARTICLE 17. MILITARY LEAVE
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 City Manager 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 City Manager may determine when the leave is to be taken and may modify the employee's work schedule to accommodate the request for leave.
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ARTICLE 18. JURY DUTY
A full-time 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 official capacity as a City employee shall be permitted time off without pay. If the employee elects, accrued vacation may be used for this purpose.
ARTICLE 19. MATERNITY LEAVE
Maternity leaves of absence shall be granted in accordance with applicable provisions of Federal and State law.
ARTICLE 20. FAMILY AND MEDICAL LEAVE
Family and Medical leave shall be granted in accordance with the applicable Federal and State provisions. The policies and procedures covering this article are set forth in the Family and Medical Leave Policy.
ARTICLE 21. MANDATORY ADMINISTRATIVE LEAVE
The City Manager, in his sole discretion, may place an employee on administrative leave where, in his 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 or where such leave is in the best interest of the City. The City Manager shall advise the City Council, prior to granting such leave.
ARTICLE 22. LONGEVITY RECOGNITION INCENTIVE
Longevity 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 (40) hours of time off with pay. Employees may not exceed forty (40) hours of longevity leave at any time (i.e., any longevity leave not used before the employee’s next anniversary date will be forfeited). An employee wishing to use longevity leave must schedule that use with the City Manager. Any time not taken may not be carried over nor paid out in cash.
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Longevity Incentive
A. Employees in this unit who have reached 10 years of continuous service with the City shall receive one percent (1.0%) in Longevity Incentive Pay.
B. Employees in this unit who have reached 15 years of continuous service with the City shall receive an additional one percent (1.0%) in Longevity Incentive Pay [total: 2.0%].
C. Employees in this unit who have reached 20 years of continuous service with the City shall receive an additional one percent (1.0%) in Longevity Incentive Pay [total: 3.0%].
D. Longevity pay will be based on number of continuous years of service. All percentages listed above are cumulative, for example, a member with at least 20 years of service will receive a cumulative 3.0% Longevity Incentive Pay.
ARTICLE 23. LEAVES OF ABSENCE WITHOUT PAY: EFFECT ON SENIORITY AND
BENEFITS
Except as provided under State and Federal law for employees on military leave of absence or other such protected leave, employees on leaves of absence without pay shall not, after the first 30 days of such leave, accrue service or leave credits, nor 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 24. WELLNESS BENEFIT
The City will provide up to five hundred dollars ($500) per fiscal year for a wellness benefit.
ARTICLE 25. LAYOFF PROCEDURE
The policies and procedures covering this article are set forth in the City Personnel Rules and Regulations, Section 12.02.
ARTICLE 26. PROBATIONARY PERIOD AND PERFORMANCE RATINGS For the classification of Police Chief, 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.
The Police Chief shall serve a probationary period of 12 months. The appointing authority in his/her sole discretion may extend the probationary period another six months.
During the probationary period, an appointee may be rejected at any time by the City Manager without cause and without right to appeal. Notice of rejection shall be served in writing on the probationer.
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ARTICLE 27. DISCIPLINARY PROCEDURE
The Police Chief shall be subject to disciplinary action only for just cause including, but not limited to, performance, and matters which are the subject of disciplinary action as contained within the Personnel Rules and Regulations of the City. The Police Chief shall also have the rights of review and appeal provided to all other employees of the City (Resolution 94-13).
ARTICLE 28. OUTSIDE EMPLOYMENT
Employees shall not carry on, concurrently with their public employment, any other employment, business or undertaking that 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 29. USE OF CITY FACILITIES
Upon reasonable advance notice, 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.
The City Manager or designee may grant exceptions to the aforementioned on-duty policy 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 Group business.
Upon request, 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 Officer prior to posting. Space allotted for this purpose shall be withdrawn should any posted material contain inflammatory or other objectionable content.
ARTICLE 30. PROHIBITED ACTIVITIES
No employee or employee organization shall encourage participation in, nor shall any employee participate in any strike, picketing, slow down, sick-out, or any other form of concerted activity against the City during the term of this agreement; nor shall any employee recognize any picket line in the course of his duty, nor in any way be involved in the reduction or denial of City service
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to any premises because of a labor dispute. (Any employee who violates any portion of this section is subject to disciplinary action.)
ARTICLE 31. 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.
ARTICLE 32. 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 to meet with the City regarding their impact on employees of the suspension of these provisions in the Agreement.
ARTICLE 33. 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 34. 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 35. UNIFORM SUPPLY AND MAINTENANCE
A. The Department will issue to the Police Chief, which shall remain Department property at all times:
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1. Law enforcement safety equipment, including belt, firearm, handcuff, riot gear, flashlight, rain gear and rubber boots, and jump suit.
2. Badges, identification cards, keys.
B. The Department will issue the following and will inventory and supply additional items to reach the following number and specifications. All listed items shall become the property of the Police Chief.
1. One nylon jacket
2. Three short-sleeve wool uniform shirts
3. Three long-sleeve wool uniform shirts
4. Three pair wool uniform trousers
5. One pair OSHA boots
6. Four cotton T-shirts
7. One dress jacket and tie
8. All uniform patches
9. One wool visor cap
10. Three name tags
11. 500 personalized business cards
12. One bullet-resistant vest and two covers selected by the officers from Department approved vendors within threat level, to a maximum of $400.
C. The Department will replace all unserviceable items, as needed.
D. Police Chief will receive annually three T-shirts and one nametag.
E. Vests will be replaced at the Police Chief's option at five years of service. Old vests shall be returned.
F. The Department will also provide the following:
1. Unlimited cleaning
2. Tailoring, alteration and repairs
3. Service stripes, rank insignia and special assignment accouterments
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G. Personal Property
The Department will repair or replace all items of personal property lost or damaged during the performance of duty. The maximum loss paid at any one incident will be $100.
H. Effective Date
For a Police Chief who is a classic CalPERS member, the monetary value of reportable provided uniforms is calculated by the City and reported to CalPERS. As of July 5,2010, the monetary value of reportable provided uniforms is $74.74 per pay period.
The amount of the uniform allowance is based on actual purchase and maintenance costs for uniforms incurred in the prior fiscal year for the department, calculated as follows:
• (Total Maintenance Costs/number of officers) + (Total Purchases Made Classic Employees/Number of Classic Employees) = Monetary Value • Monetary Value is divided over the 26 pay periods, and is the amount reported to the Police Chief and CalPERS as the Uniform Allowance each fiscal year ARTICLE 36.TERM OF THE AGREEMENT
The term of this Memorandum of Understanding shall be for the period of July 1, 2026, through June 30, 2029.
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RATIFICATION AND EXECUTION
The City and the Police Chief 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 Police Chief 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.
POLICE CHIEF CITY OF BRISBANE
Dated____________________ By______________________
Jeremy Dennis
City Manager
By_______________________ By______________________
Elizabeth Macias Abby Partin
Human Resources Director
MEMORANDUM OF UNDERSTANDING
BETWEEN THE
CITY OF BRISBANE
AND THE
POLICE CAPTAIN ASSOCIATION
JULY 1, 2026 – JUNE 30, 2029
EXHIBIT I
TABLE OF CONTENTS
BEREAVEMENT LEAVE ARTICLE 17
CLASSIFICATION AND PAY PLAN ARTICLE 5
DEFERRED COMPENSATION – EMPLOYER CONTRIBUTION ARTICLE 12 DEMOTION ARTICLE 28
DISCIPLINARY PROCEDURE ARTICLE 32
EMERGENCY WAIVER PROVISIONS ARTICLE 38
GRIEVANCE PROCEDURE ARTICLE 33
HOLIDAYS ARTICLE 15
INSURANCE ARTICLE 9
JURY DUTY ARTICLE 20
LAYOFF PROCEDURE ARTICLE 27
LEAVES OF ABSENCE WITHOUT PAY: EFFECT ON SENIORITY AND BENEFITS ARTICLE 26
MANAGEMENT RIGHTS AND IMPACT OF MANAGEMENT RIGHTS ARTICLE 4 MANDATORY ADMINISTRATIVE INCENTIVE ARTICLE 24
MATERNITY LEAVE ARTICLE 21
MEDICAL EXAMINATION ARTICLE 13
MEDICAL LEAVE ARTICLE 22
MILITARY LEAVE ARTICLE 19
NON-DISCRIMINATION ARTICLE 3
OTHER LEAVES WITHOUT PAY ARTICLE 25
OUTSIDE EMPLOYMENT ARTICLE 34
OVERTIME ARTICLE 8
PAST PRACTICE ARTICLE 40
PERSONAL LEAVE ARTICLE 18
PREAMBLE ARTICLE 1
PROBATIONARY PERIOD AND PERFORMANCE RATINGS ARTICLE 31
PROHIBITED ACTIVITIES ARTICLE 36
PROMOTIONS ARTICLE 30
PUBLIC EMPLOYEES' RETIREMENT SYSTEM ARTICLE 7
RECOGNITION ARTICLE 2
RECOGNITION INCENTIVE ARTICLE 23
SEVERABILITY PROVISION ARTICLE 39
SICK LEAVE ARTICLE 16
SUPPLEMENTAL STIPEND ARTICLE 11
TERM OF AGREEMENT ARTICLE 42
TRANSFER ARTICLE 29
TUITION REIMBURSEMENT ARTICLE 6
UNIFORM SUPPLY AND MAINTENANCE ARTICLE 41
USE OF CITY FACILITIES ARTICLE 35
VACATION ARTICLE 14
WAIVER PROVISION OF BARGAINING DURING TERM ARTICLE 37
WELLNESS BENEFIT ARTICLE 10
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MEMORANDUM OF UNDERSTANDING BETWEEN
THE CITY OF BRISBANE AND
THE POLICE CAPTAIN ASSOCIATION
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 Police Captain. 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 (as declared by the National Bureau of Economic Research).
ARTICLE 2. RECOGNITION
The City hereby recognizes the Association as the sole and exclusive representative for the bargaining unit consisting of the following classification.
Police Captain
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, or any other status protected by California or federal law. 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 anti-discrimination laws. The parties further agree that this Section shall not be subject to the Grievance Procedure provided in this Agreement. However, any individual, including a representative of the Union, may bring forth a complaint of discrimination and/or harassment on behalf of an employee.
C. Whenever a gender pronoun is used in the Agreement, it shall be understood to include all genders.
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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:
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.
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
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members unless the impact consequences of the exercise of a management right upon unit members is provided for in this Agreement
ARTICLE 5. CLASSIFICATION AND PAY PLAN
A. Salaries
Wages for the Police Captain classification are set forth in Appendix A, which is hereby incorporated as though set forth in full.
Step A is the normal beginning step. However, with the approval of the City Manager, a person with exceptional qualifications may be appointed at a higher step. If an employee has performed satisfactorily during his/her first six months of employment, a step increase may be granted.
Successive step merit increases shall be granted annually thereafter until the top step is reached if, in the opinion of the Department Head or City Manager, performance of the employee merits such an increase.
The following changes in the wages will be made during the term of the agreement:
1) Effective the first full pay period in July 2026, the bargaining unit will receive a Cost of Living Adjustment increase of five percent (5.0%). 2) Effective the first full pay period in July 2027, the bargaining unit will receive a Cost of Living Adjustment increase of four percent (4.0%). 3) Effective the first full pay period m July 2028, the bargaining unit will receive a Cost of Living Adjustment increase of three percent (3.0%).
B. Additional Compensation
1. Administrative Leave – On or about the second pay period of August of each year, the department head, with approval from the City Manager, may grant up to 10 days of Administrative Leave time off annually to the employee in recognition of performance and significant contribution. Based upon the determination of the City Manager as to the ability of the City to afford paying out Administrative Leave time, the employee can elect to receive this leave in the form of time off or pay. Such election shall be made before 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. If there is an inability of the City to pay out Administrative Leave, it will be awarded as leave time.
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 management 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 three (3) days. The assignment is
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considered to be temporary in nature and in no event shall exceed one-hundred and eighty (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 receive ten percent (10.0%) above his/her current base salary for the first thirty (30) days of such assignment and fifteen percent (15.0%) above his/her current base salary for the duration of the assignment.
3. Compensation Study - The City will complete a total compensation market survey completed after January 2024 to 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 Captain bargaining unit regarding the results of the market study. The parties will explore the feasibility of a median implementation strategy. Should another Bargaining Unit receive more favorable terms regarding implementation of a compensation study, then those same provisions shall apply to this unit. If the total compensation survey is not completed on by March 2024, this bargaining unit shall receive a 2% increase in addition to the Cost of Living increase scheduled for July 2024 of 6%.
4. Bi-Lingual Pay – Employees in this unit are eligible to receive $200 per month the first pay period in January 2023. This incentive will be paid on a bi-weekly basis. 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.
ARTICLE 6. TUITION REIMBURSEMENT
An employee shall be 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).
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3. The employee agrees to reimburse the City of Brisbane if he/she fails to obtain pre-approval 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 prior to January 1, 2013 will receive the Local Safety 3% @ 55 CalPERS retirement plan. The employee contribution for those participating in the Local Safety 3%@ 55 retirement plan will be 9.0%.
New Captain 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 Safety 3%@ 55 retirement plan. The employee contribution for those participating in the Local Safety 3%@ 55 retirement plan will be 9.0%.
New Captain bargaining unit hires on or after January 1, 2013 who are determined by CalPERS to be “new” members to the CalPERS retirement system will receive the Local Safety 2.7% @ 57 retirement program. The employee contribution for those participating in the Local Safety
2.7%@ 57 retirement plan will be 50% of the normal cost for their retirement benefit. 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 make a direct contribution equal to the minimum employer contribution for agencies participating in the Public Employees Medical and Hospital Care Act (PEMHCA) on behalf of each active employee and qualified retiree. This will cease should the City no longer provide health benefits through the PEMHCA in the future.
B. Flexible Compensation Plan
The City shall continue to make a non-elective employer contribution to the flexible benefits plan on behalf of each active employee in an amount which, together with the minimum PEMHCA contribution in Article 9.A above, equals the following:
Single Party: $1,168.86
Two Party: $2,337.72
Family: $3,039.04
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Effective beginning of: the plan year beginning January 2027, the plan year beginning January 2028, and the plan year beginning January 2029, the City shall make a non-elective employer contribution to the flexible benefits plan on behalf of each active employee in an amount which, together with the minimum PEMHCA contribution in Article 9.A above, equals the Kaiser rate at each level of coverage (Single, Two-Party, and Family).
Cash-in-Lieu of Medical Coverage: Employees who waive coverage will be entitled to $800 per month.
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 $2500 for the employee plus $1,100 per dependent per plan year. The entire reimbursement amount may be used for any covered individual or combination of individuals. For example, a married employee with two (2) children would have a Maximum Reimbursement of $5800, and the employee may use all or part of that reimbursement for themselves, their children, or their spouse so long as the total reimbursed amount does not exceed $5,800 per plan year.
Effective the first pay period in July 2027, July 2028, and July 2029 the Maximum Coverage amounts listed above will be increased by a percentage equal to the annual percentage change in the San Francisco-Oakland-Hayward CPI-U for the twelve months ending in April of the relevant year (e.g., San Francisco-Oakland-Hayward CPI-U for April 2027 will be used to set the July 2027 Maximum Coverage amount).
D. Life Insurance
The City shall maintain in effect for the term of this resolution its existing life and long-term disability insurance plans.
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 existing Employee Assistance Program.
ARTICLE 10: WELLNESS BENEFIT
The City will provide up to five hundred dollars ($500) per fiscal year for a 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.
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The amount will change to the Medicare supplement once the employee or dependent is eligible for Medicare. If one covered family member is not in Medicare while another is, the employee will receive the appropriate amount for the combined plan. The benefit will continue only through the life of the employee, not survivors, and shall be subject to change in subsequent MOUs. If the employee changes health care carriers, the benefit will cease; provided, however, that in the case of PEMHCA health care plans, an employee may change carriers as long as it the health care plan remains within the PEMHCA umbrella. All of the following conditions shall be met for the employee to be eligible to receive this benefit:
1) The employee has 15 years or more service with the City of Brisbane. 2) The employee retires from service with the City of Brisbane. 3) The effective date of the retirement is within one-hundred twenty (120) days of separation from the City of Brisbane.
4) Employees hired after July 1, 2008 are not eligible for the supplemental stipend benefit. Such employees will be eligible to receive a benefit as noted in Article 12 below.
5) Any employee hired before July 1, 2008 and who retires before July 1, 2020, and who meets the conditions above, will be paid a stipend that is equal to the single party premium rate charged the City by Kaiser
ARTICLE 12. DEFERRED COMPENSATION – EMPLOYER CONTRIBUTION For employees hired on or after January 1, 2013 the City will contribute one point five percent (1.5%) of the employee’s base monthly salary toward a defined contribution benefit plan and the above Article 10. Supplemental Stipend will not apply. In the event the employee makes a contribution of up to five percent (5.0%) or more of the employee’s base monthly salary toward the Defined Contribution Plan, the City will match such contribution up to a maximum rate of five (5.0%).
Employees hired on or before January 1, 2013 shall have the option of contributing to their 457 deferred compensation plan without forfeiting any rights to the retiree supplemental stipend.
For only those individual employees eligible for the supplemental stipend, and who elected 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 a Defined Contribution Plan and will match employee contributions between three (3.0%) and five percent (5.0%) (i.e., the City will match contributions above 3.0% on a dollar-for-dollar basis up to an additional two percent (2.0%)). In no event will the City contribution to the 457 plan exceed five percent (5.0%) annually. 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.
ARTICLE 13. MEDICAL EXAMINATION
The employee shall be eligible to receive a comprehensive medical examination, to include an electrocardiogram, every other year. The medical examination shall be the same as the prePage 225 of 517 8 For Police Captain: For the City:
employment medical examination give to new police department employees. The employee shall use the same provider for the medical examination that is used by the City.
ARTICLE 14. VACATION
A. All full-time personnel shall be entitled to annual vacation leave as provided below:
Years of Continuous Service Annual Accrual Maximum Accrual First 4 years 80 hours 160 hours
After 4 years 120 hours 240 hours
After 9 years 160 hours 320 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 accrued 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 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 ten (10) days prior to the requested leave date(s).
G. Based upon operational needs or employee preference, the use of vacation leave earned in a given year may be deferred to the following year. However, the total amount of vacation at any time shall not exceed two years annual accrual without approval of the appointing authority. All vacation deferments approved by the department head or the appointing authority shall be furnished to Human Resources in such form as may be specified by him/her.
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H. 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.
I. 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.
Unit members who wish to sell back vacation must file an irrevocable election identifying the number of Vacation Leave hours they will sell back in December of the tax year preceding the sell back.
ARTICLE 15. 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 (Farmworkers 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)
A City holiday shall also be observed on any day proclaimed by the City Council as a public holiday.
B. Observance of Holidays
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.
C. The employees covered herein will receive an additional sixteen (16) hours of paid holiday time (floating holidays) for personal use. Paid holiday time (floating holidays) is
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accumulated annually in the first full pay period of the calendar year and may not be carried over into subsequent calendar years.
D. 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 16. SICK LEAVE
The employees covered by this 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 work days, 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 appointing authority and may include, but not be limited to, home visitation and examination by a physician selected by the City.
The payment of sick leave may be suspended by the appointing authority where he/she has reasonable grounds to believe that absences on a given day or days are the result of a
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concerted action of the part of two or more employees which is related to a labor dispute with the City directly or one in which the City is involved as a third party.
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.
An employee may use one-half of his/her 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.
F. 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.
G. No accrued leave may be used for an injury or illness arising from outside employment.
ARTICLE 17. BEREAVEMENT LEAVE
After thirty (30) days of employment, the City will grant up to five (5) working days of paid bereavement leave per occurrence 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 (including step-parents), siblings (including step-siblings), grandparents, grandchildren, and in-laws, or as otherwise required by law. 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. Bereavement leave in excess of five (5) days will be deducted from the employee’s eligible leave banks (vacation, sick leave, and CTO).
ARTICLE 18. PERSONAL LEAVE
The employee 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.
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ARTICLE 19. MILITARY LEAVE
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 20. 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 21. MATERNITY LEAVE
Maternity leaves of absence shall be granted in accordance with applicable provisions of Federal and State law.
ARTICLE 22. 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.
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ARTICLE 23. RECOGNITION INCENTIVE
Longevity 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. Employees may not exceed forty (40) hours of longevity leave at any time (i.e., any longevity leave not used before the employee’s next anniversary date will be forfeited). An employee wishing to use longevity leave must schedule that use with the Police Chief. Any time not taken may not be carried over nor paid out in cash.
Longevity Incentive
A. Employees in this unit who have reached 10 years of continuous service with the City shall receive one percent (1.0%) in Longevity Incentive Pay.
B. Employees in this unit who have reached 15 years of continuous service with the City shall receive an additional one percent (1.0%) in Longevity Incentive Pay [total: 2.0%].
C. Employees in this unit who have reached 20 years of continuous service with the City shall receive an additional one percent (1.0%) in Longevity Incentive Pay [total: 3.0%].
D. Longevity pay will be based on number of continuous years of service. All percentages listed above are cumulative, for example, a member with at least 20 years of service will receive a cumulative 3.0% Longevity Incentive Pay.
ARTICLE 24. 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 25. OTHER LEAVES WITHOUT PAY
The appointing authority may grant an 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
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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 26. 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, nor 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 27. LAYOFF PROCEDURE
City Personnel Rules and Regulations, Section 12.02.
ARTICLE 28. DEMOTION
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 29. 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 managers 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.
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ARTICLE 30. 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 31. 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.
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
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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 32. 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 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 32 set forth below (see Step 4).
ARTICLE 33. 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: An 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
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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.
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.
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ARTICLE 34. 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 35. 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.
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. PROHIBITED ACTIVITIES
No employee organization shall encourage participation in, nor shall any employee participate in any strike, picketing, slow down, sick-out, or any other form of concerted activity against the City during the term of this agreement; nor shall any employee recognize any picket line in the course of his duty, nor in any way be involved in the reduction or denial of City service to any premises because of a labor dispute. (Any employee who violates any portion of this section is subject to disciplinary action.)
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ARTICLE 37. 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 38. 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 to meet with the City regarding their impact on employees of the suspension of these provisions in the Agreement.
ARTICLE 39. 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 40. 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.
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ARTICLE 41. UNIFORM SUPPLY AND MAINTENANCE
A. The Department will issue to the Police Captain, which shall remain Department property at all times:
1. Law enforcement safety equipment, including belt, firearm, handcuff, riot gear, flashlight, rain gear and rubber boots, and jump suit.
2. Badges, identification cards, keys.
B. The Department will issue the following and will inventory and supply additional items to reach the following number and specifications. All listed items shall become the property of the Police Captain.
1. One nylon jacket
2. Three short-sleeve wool uniform shirts
3. Three long-sleeve wool uniform shirts
4. Three pair wool uniform trousers
5. One pair OSHA boots
6. Four cotton T-shirts
7. One dress jacket and tie
8. All uniform patches
9. One wool visor cap
10. Three name tags
11. 500 personalized business cards
12. One bullet-resistant vest and two covers selected by the officers from Department approved vendors within threat level, to a maximum of $400.
C. The Department will replace all unserviceable items, as needed.
D. Police Captain will receive annually three T-shirts and one nametag.
E. Vests will be replaced at the Police Captain’s option at five years of service. Old vests shall be returned.
F. The Department will also provide the following:
1. Unlimited cleaning
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2. Tailoring, alteration and repairs
3. Service stripes, rank insignia and special assignment accouterments G. Personal Property
The Department will repair or replace all items of personal property lost or damaged during the performance of duty. The maximum loss paid at any one incident will be $100.
H. Effective Date
For a Police Captain who is a classic CalPERS member, the monetary value of reportable provided uniforms is calculated by the City and reported to CalPERS. As of July 5, 2010, the monetary value of reportable provided uniforms is $74.74 per pay period. The amount of the uniform allowance is based on actual purchase and maintenance costs for uniforms incurred in the prior fiscal year for the department, calculated as follows:
• (Total Maintenance Costs/number of officers) + (Total Purchases Made Classic Employees/Number of Classic Employees) = Monetary Value • Monetary Value is divided over the 26 pay periods, and is the amount reported to the Police Commander and CalPERS as the Uniform Allowance each fiscal year
ARTICLE 42. TERM OF THE AGREEMENT
The term of this Memorandum of Understanding shall commence on July 1, 2026, and terminate after June 30, 2029.
RATIFICATION AND EXECUTION
The City and the Executive Management 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 Executive Management 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.
POLICE CAPTAIN CITY OF BRISBANE
Dated____________________ By______________________
Jeremy Dennis
City Manager
By_______________________ By______________________
Mario Garcia Abby Partin
Human Resources Director