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not lose their Master Officer designation until 90
days after their return to full duty.
9.10.3 10.8.3 Sergeants. Sergeants will be eligible for Master Sergeant designation upon satisfying each of the following:
9.10.3.1 10.8.3.1 Seven years of service at the rank of sergeant with the Concord Police Department.
10.8.3.2 Successful completion of two assignments
as a sergeant in addition to a minimum of one
year assigned to Patrol.
9.10.3.2 10.8.3.3 Possession of a Supervisory Certificate issued by the Commission on Peace Officer Standards and Training.
9.10.4 10.8.4 Specialty Assignments. For purposes of paragraphs 1, 2, and 3 above:
9.10.4.1 10.8.4.1 Specialty assignments include those assignments listed in section 10.5.39.7.3 of the current MOU, plus Canine Duty, and the following previously- recognized specialty assignments: of Public Information Officer, Crime Prevention Officer, Training Officer, Crime Scene Investigator, TNT/CNT, and Dispatch. Specialty assignments for lateral police officers will include assignments with their former agency that are comparable to those above or that require similar professional demands. The Chief will be solely responsible for determining the comparability of former agency specialty assignments.
9.10.4.2 10.8.4.2 Successful completion of a specialty assignment requires a minimum of one year of continuous service in the assignment with an evaluation of "Meets Standards" or above in all applicable performance dimensions.
9.10.4.3 10.8.4.3 SWAT and TNT/CNT will each be considered a successfully completed specialty assignment upon completion of five years of continuous service with the appropriate team.
9.10.4.4 10.8.4.4 FTO/ or PTO will be considered a successfully completed specialty assignment when the officer has served as an FTO or PTO for a minimum of one year and has trained at least three trainees through their designated phase of the training cycle. Current oOfficers who were previously assigned (prior to the effective date of this agreement) as an FTO for a minimum of one year prior to July 1, 2019, will be credited with a successfully completed specialty assignment without the minimum trainee requirement.
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9.10.4.5 10.8.4.5 Specialty assignments shall not be made solely for the purpose of qualifying an officer for the Master designation; Departmental Procedure No. 28 will continue to govern the selection procedure.
10.8.4.69.10.4.6 Patrol Backup CSI will be considered a successfully completed specialty assignment when the officer has served as a Backup CSI in a qualifying position on a qualifying shift for a period of three years (need not be continuous). A qualifying position on a qualifying shift will include the first Backup CSI to select each Overlap and Graveyard shift; the second Backup CSI to select each Graveyard shift if both Graveyard and Overlap shifts have at least one Backup CSI; and the second Backup CSI to select each Overlap shift if both Graveyard shifts have two Backup CSI’s.
10.8.4.7 9.10.4.7 If the Backup CSI program is eliminated, any Officer having completed the equivalent of one year’s service as a Backup CSI, in a qualifying position on a qualifying shift, will receive credit for successfully completing a specialty assignment.
9.10.4.6 10.8.4.8 9.10.4.8 Dispatch will be considered a completed Specialty Assignment for the purposes of consideration for the Master Police Officer program when the officer has successfully completed the required Dispatcher training and further completed a minimum of 360 hours of solo dispatching service at the Call Center. It is incumbent upon the officer to provide the requisite documents that show he/she meets the minimum requirements of 360 hours as a solo dispatcher.
10.8.4.99.10.4.9 An Unmanned Aircraft Systems ("UAS") team assignment will be considered a completed Specialty Assignment for the purposes of consideration for the Master Police Officer and Master Police Sergeant programs when all of the following have been met: (1) the officer has successfully completed three years of service on the Concord Police UAS team in a full duty capacity, (2) the officer is approved for deployments, (3) the officer has completed a minimum of 12 non-training related deployments as an operator or observer within the three years of full duty service of which at least two deployments are completed per year, (4) the officer maintained his/her required Federal Aviation Administration ("FAA") Remote Pilot certification(s) and met the minimum yearly training commitments as set forth in UAS Procedures. Officers who perform the duties of observer and who have not been selected to the UAS team will not be afforded these considerations for the purpose of the Master Police Officer or Master Police Sergeant programs.
9.10.5 10.8.5 Performance Evaluations
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10.8.5.19.10.5.1 An MPO or Master Sergeant may lose the Master designation upon receipt of a “Needs Improvement” or “Unacceptable” performance rating in the Master Police Officer or Master Sergeant rating dimensions. In such an event, a follow-up review will be scheduled one month after the initial evaluation and the designation shall be restored if the rating has returned to “Meets Standards” or higher. Additional follow-up reviews will occur every 30 days, if necessary, until the rating has returned to “Meet Standards” or higher.
Due process per the Public Safety Officer’s Procedural Bill of Rights shall be followed to ensure proportionate sanctions for sub-standard performance. Skelly appeal rights guaranteed by this MOU shall apply to all such appeals. In the event that a Skelly meeting is warranted, the meeting shall be heard within seven (7) days of issuance of the designation of “Needs Improvement” or “Unacceptable” at a time as may be mutually agreed upon by the parties. Any loss of MPO or Master Sergeant pay shall not occur until the Chief of Police or designee notifies the employee in writing after the Skelly meeting and shall not be retroactive.
10.8.5.2 9.10.5.2 The performance dimensions for an MPO and Master Sergeant will include, in addition to the dimensions for police officer or sergeant, the following:
10.8.5.2.1 9.10.5.2.1 Act as a mentor offering counsel, advice, and training of fellow officers in developmental areas not limited to In-Service, Briefing Training, Firearms, and/or Weaponless Defense.
10.8.5.2.2 9.10.5.2.2 Provide advice and counsel in areas of their specific expertise that will provide benefit to their fellow officers, the Department, City, and the Community.
10.8.6 9.10.6 Transferability. Upon achievement of the designation of MPO or Master Sergeant, the designation shall apply irrespective of the employee's current assignment within their respective rank.
10.8.7 9.10.7 Application Process. Each officer is individually responsible for initiating application for the Master designation and for providing the necessary supporting documentation. Police Administration will assist in procurement of necessary supporting documentation.
9.10.8 10.8.8 Pay Differential.
10.8.8.19.10.8.1 Police Officers and Sergeants who achieve the Master designation shall receive an additional 10% of base pay. pay differential which shall be included in the employee's base pay.
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10.8.8.29.10.8.2 A Police Officer who has achieved the designation of MPO, who is subsequently promoted to Sergeant, and who successfully completes Sergeant probation, shall receive an additional pay differential of 5% of base pay. which shall be included in the employee's base pay. Should the Sergeant later achieve the Master Sergeant designation, the additional percentage of base pay pay differential as a Master Sergeant shall not exceed 10%.
10.8.8.39.10.8.2 A Police Officer who is promoted to Sergeant before completing 15 years service as an officer, but who otherwise meets the minimum specialty assignment criteria for the MPO designation, shall receive an additional pay differential of 5% of base pay upon completing 15 years of combined service as a Police Officer and Sergeant and after the employee has successfully completed Sergeant probation. This differential shall be in effect until such time the employee qualifies for the Master Sergeant designation.
10.8.8.49.10.8.3 The parties agree that this is special compensation and shall be reported as such, to the extent legally permissible, pursuant to Title 2 CCR, Section 571(a)(1) and Section 571.1(b)(1) as Master Police Officer Incentive Pay.
910.119 Police Professionalization ProgramEducational Pay
10.9.1 Educational and training incentives shall be provided in accordance with the Police Professionalization Program (“PPP”) which is described in Appendix B. Effective as soon as is practical for the City but no later than the first full pay period in July 2023, members of this bargaining unit will no longer receive Police Professionalization Pay and Attachment B to this MOU is void.
10.9.2 Educational Incentive Program. Effective the same pay period in which the Police Professionalization Program is eliminated, the City shall compensate members with the following levels of education as follows:
10.9.2.1 AA Degree 2.5% of base pay
10.9.2.2 BA Degree 5% of base pay
10.9.2.3 MA Degree 6% of base pay
10.9.2.4 Educational incentive pay does not stack.
10.9.2.5 The approved field of study for such degrees is to be broadly interpreted to provide for the professional growth of the member. However, to be eligible for education incentive pay, the degree must enhance the member’s ability to do their job, as determined and approved by the Chief of Police and Director of Human Resources. All members previously receiving compensation for a
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degree approved by the City prior to January 1, 2023, shall not have that degree disallowed by this section. Once a degree has been approved for compensation under this section, it cannot be retroactively denied.
10.9.2.6 Education incentive pay shall be effective the first full pay period after the employee has provided the Police Chief or designee satisfactory proof that the appropriate degree has been obtained.
10.9.2.7 The parties agree that to the extent permitted by law, the City will report this pay to CalPERS as special compensation under 2 CCR 571(a)(2) and 2 CCR 571.1(b)(4), Educational Incentive.
10.9.3 Peace Officer Standard Training (POST) Certificate Program. Effective the same pay period in which the Police Professionalization Program is eliminated, the City shall compensate members with the following POST certifications as follows:
10.9.3.1 Intermediate POST 2.5% of base pay
10.9.3.2 Advanced POST 5% of base pay
10.9.3.3 POST certificate pay does not stack.
10.9.3.4 POST certificate pay shall be effective the first full pay period after the employee has provided the Police Chief or designee satisfactory proof that the appropriate certificate has been earned.
10.9.3.5 The parties agree that to the extent permitted by law, the City will report this pay to CalPERS as special compensation under 2 CCR 571(a)(2) and 2 CCR 571.1(b)(4), Peace Officer Standard Training Certificate Pay.
10.10 Temporary Upgrade Pay
10.10.1 A Police Officer or a Police Sergeant who is temporarily upgraded to a higher classification will have his/her salary step adjusted to the higher classification’s salary step that is the closest to an adjustment of at least 5% above the employee’s base salary, no greater than the top step.
10.10.2 When a Police Sergeant is temporarily upgraded to a higher classification, his/her conditions of employment will continue to be covered by this MOU.
10.10.3 If a Police Officer or Police Sergeant who is temporarily upgraded to a higher classification would have received a pay increase in their lower classification due to an annual step increase, contractual pay increase, obtaining
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educational incentive pay, obtaining a POST certificate, or earning Master Officer or Master Sergeant designation, their pay in the higher classification will be adjusted per 10.10.1 to reflect the pay increase.
10.10.4 The parties agree that to the extent legally permissible, temporary upgrade pay will be reported to CalPERS as special compensation for Classic members only, pursuant to 2 CCR 571(a)(3).
11. Administrative Adjustment
11.1 Effective as soon as practical for the City but no later than the first full pay period in July 2023, the City will pay incentives /add-on pays on the base salary rate alone. Effective the same pay period, the City shall provide an administrative salary adjustment as follows:
11.1.1 The City shall increase the salary for the officer classification by two percent (2%).
11.1.22.1 The City shall increase the salary for the sergeant classification by one percent (1%).
11.2 The same pay period the above goes into effect, Appendix A shall be void.
11.3 Effective no later than sixty days after the pay period in which the City implements the above administrative salary adjustments, the City shall provide one-time, non- pensionable lump sums to the discrete group of members affected beyond the 2% or 1% salary increase, calculated per the parties’ agreed-upon formula, not to exceed $9,000 per individual.
9.12 Promotional Pay Increases
Upon the promotion from Police Officer to the classification of Sergeant through the competitive selection process, an employee shall receive a promotional increase to the pay step in the Sergeant classification which is at least 5.0% greater than the employee’s current rate of pay (including any Police Officer PPP educational incentives included in base pay, corporal assignment pay, and/or specialty pay). Sergeant PPP incentives, if any, will then be added to the resulting step pay rate.
9.13 Longevity Pay
Bargaining unit members with at least eighteen (18) years of sworn service, of which a minimum of nine (9) years must be as a sworn member of the Concord Police Department, shall be entitled to Longevity Pay equal to 5% of base pay.
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1210. Holidays
12.110.1 The following holidays shall be observed:
New Year’s Day January 1st
Martin Luther King, Jr. Birthday The Third Monday in January Lincoln’s Birthday February 12th
President’s Day The Third Monday in February
(Washington’s Birthday)
Memorial Day The Last Monday in May
Independence Day July 4th
Labor Day The First Monday in September
Veteran’s Day November 11th
Thanksgiving Day The Fourth Thursday in November
The Day Following Thanksgiving
Christmas Eve December 24th
Christmas Day December 25th
and, every other day appointed by the Mayor for a public fast, thanksgiving, or holiday.
Except as described in Section 112.40.4 below, all holidays falling on a Saturday will be observed on the preceding Friday, and holidays falling on a Sunday will be observed on the following Monday.
12.210.2 In addition, three (3) hours of compensatory time off (“CTO”) shall be provided to employees in the first pay period in March. If the employee’s CTO balance is at the maximum allowed, then the employee shall be paid the three (3) hours of compensatory time in the first pay period in March.
12.310.3 Employees in pay status on the day the holiday is observed (except as described in Section 12.510.5 below) shall receive a holiday pay equal to the straight time daily equivalent of ten (10) hours pay.
12.410.4 Employees assigned to Patrol and any others designated by the Chief of Police will work all holidays which fall on their normal work schedule. For purposes of this section, holidays are the actual date of the recognized holiday and not the day these holidays are observed by the City.
12.510.5 All hours worked on holidays shall be paid at the rate of one and one-half the employee’s regular rate of pay. In addition, employees who work holidays will receive ten (10) hours of holiday pay. However, for the following six (6) holidays the employee may elect compensatory time credit in lieu of the ten (10) hours of holiday pay. In such event, the election shall be made by the employee before time cards are submitted to the Finance Department for the pay period during which the holiday occurred. The six (6) holidays for which this option applies are:
Lincoln’s Birthday
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Martin Luther King, Jr. Birthday
President’s Day (Washington’s Birthday)
Memorial Day
Veteran’s Day
The Day Following Thanksgiving
12.610.6 The holiday pay rate of pay shall be the applicable pay specified under section
12.310.3 or 12.510.5 and shall be calculated based on the applicable shift to which the employee is regularly assigned, and shall include police specialty pay assigned to the bargaining unit employee in accordance with section 9 of the collective bargaining agreement.
The City reserves the right to modify this language based on CalPERS requirements. 1311. Vacations
13.111.1 Vacation accrual shall be at the rates indicated below. The appropriate accrual for vacation shall be credited at the end of each full biweekly pay period during which an employee receives 56 hours straight-time pay. No vacation credit shall accrue to an eligible employee who receives less than 56 hours straight-time pay for the biweekly pay period.
Such straight-time pay may consist of pay for regular hours worked; or pay for approved vacation, sick leave, or compensatory time off; holiday observed by the City, jury duty; or pay for Military Leave. Overtime hours worked, or any authorized leave of absence with pay other than those identified above shall not apply toward the accrual of vacation.
Accrual Rates:
During the 1st year 80 hours 3.077 hours per pay period During the 2nd year 96 hours 3.692 hours per pay period During the 3rd - 7th year 120 hours 4.615 hours per pay period During the 8th - 9th year 128 hours 4.923 hours per pay period During the 10th - 12th year 136 hours 5.231 hours per pay period During the 13th - 14th year 152 hours 5.846 hours per pay period During the 15th - 19th year 168 hours 6.462 hours per pay period During the 20th - 24th year 176 hours 6.769 hours per pay period During the 25th year & thereafter 200 hours 7.692 hours per pay period
13.211.2 In addition, ten (10) hours of vacation shall be credited to the Police Officer and Sergeant vacation balance on the first pay period of the calendar year. The additional ten (10) hours will be considered as accrued vacation for the purposes of the maximum vacation balance available under Section 13.511.5.
13.311.3 On September 9 of each calendar year, employees in pay status shall accrue an additional eight (8) hours of vacation in lieu of an Admissions Day holiday. Such vacation accrual shall occur at the end of the pay period which includes September 9 and shall be credited to the employee’s vacation balance regardless of the number of hours paid during the pay period. However, such vacation accrual shall not be credited in any amount that exceeds the employee’s vacation accrual maximum unless specifically authorized by,
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and at the sole discretion of, the City Manager after considering alternatives that may be available. The City agrees to provide advance notification to those employees who may, as a result of such crediting, exceed their vacation maximum so that they may schedule vacation time or initiate other appropriate action in order to avoid a loss. Such notification shall be with the understanding that it is the employee’s responsibility to initiate the appropriate request.
13.411.4 Any change in the vacation accrual rate shall be effective at the beginning of the pay period that coincides with or follows the completion of the qualifying years of employment.
13.511.5 The maximum vacation balance available for an employee at any one time shall be double the amount of the employee’s vacation accrual for the current anniversary year (to include the 10 hours credited in the first pay period of the calendar year per section
13.211.2). However, upon approval of the Chief of Police, up to 20 additional days of vacation may be accumulated for a period not to exceed one anniversary year.
13.611.6 No vacation accrual shall be permitted in excess of the amounts indicated above.
13.711.7 Vacation Usage
13.7.111.7.1 When possible, vacation should be taken within the year following the accrual year and must be requested in advance.
13.7.211.7.2 All scheduling of vacations is to be approved by the Chief of Police (or such person’s designated representative) and shall be based on the employee’s Department seniority for the police officer classification, or total time in classification for police sergeant, giving due consideration to the wishes of the employee and the work requirements of the City.
13.7.311.7.3 Vacation may not be taken beyond that amount accrued. The authorization by the Chief of Police for vacation does not constitute authorization of paid vacation beyond the balance on hand at the time such vacation is taken.
Exceptions may only be made upon the recommendation of the Chief of Police and Human Resources and the approval of the City Manager.
13.7.411.7.4 Employees shall not be charged vacation usage for paid holidays occurring during the vacation period. For all employees, including those on a variable workweek, the holiday is equal to ten hours.
13.7.511.7.5 Vacation may be used for any authorized absence (except disciplinary suspension) when no other paid leave resource is available.
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13.811.8 Accrual Rate Upon Re-employment, Reinstatement, or Rehire
An employee shall retain the same vacation accrual rate in existence at the time of termination upon appointment from a Re-employment List; reinstatement into the Competitive Service; or rehire within one year of termination. When a rehire is more than one year from the date of termination, the vacation accrual rate shall be the same as applied to a new employee.
13.911.9 Cash Payment in Lieu of Vacation Time Off
For the purposes of reducing excess vacation accrual, employees may elect to receive compensation (“cash-out”), annually, for a maximum of 40 hours of accrued vacation each year, so long as eighty (80) hours of accrued vacation remain for the benefit of the employee after the cash-out is taken. This election must be made in writing no later than December 31 of the calendar year prior to when the cash-out is scheduled to occur. By way of illustration, employees seeking a cash-out in calendar year 2016 must submit their cash-out election by December 31, 2015. This compensation shall occur on the first full pay period in August following submission of the irrevocable election form (See Attachment D). No exceptions will be made to this policy. If the non-revocable election is not made by December 31, there will be no other opportunity to cash-out vacation accruals until/unless the non-revocable election is made by the employee on or before December 31 of the following year.
13.1011.10 Vacation Pay Upon Termination
The equivalent cash value of the unused vacation balance as of the last workday shall be included on the employee’s final paycheck; except that in cases of retirement from City service, the City Manager may approve the utilization of available vacation time to extend the date of retirement.
13.1111.11 Upon Death
Upon the death of an employee, payment of any unused vacation balance shall be made to that person designated by the employee on the Designation of Person to Receive Warrants or Checks Upon Death of Employee (Form No. PER 57) or to the employee’s estate.
1412. Employment, Advancement and Retention
14.112.1 Probation
14.1.112.1.1 Employees appointed to the entry level class of Police Officer shall be placed on probationary status for eighteen months. Employees appointed to the class of Police Officer who possess a valid basic P.O.S.T. certificate shall be placed on probation for one year. The probationary period may be extended for up
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to one additional year with the approval of the Human Resources Department and written notice to the employee.
14.1.212.1.2 Employees appointed or promoted to the Sergeant classification shall be placed on probationary status for one year. The probationary period may be extended for up to one additional year with the approval of the Human Resources Department and written notice to the employee.
14.1.312.1.3 The probationary period shall be considered a part of the examination and selection process and shall not include time served under any limited service or provisional appointment, but shall begin on the date of appointment to the Police Officer or Sergeant classification after certification.
14.1.412.1.4 Leaves of absence or assignments out of the classification totaling more than 30 calendar days, for any reason, shall not be counted toward completion of the probationary period. The probationary period will be extended the equivalent amount of any leave of absence exceeding 30 calendar days.
14.1.512.1.5 During the probationary period, the employee may be rejected by the Chief of Police at any time without right of appeal or hearing, unless required by law.
14.1.612.1.6 An employee rejected during the probationary period from a position to which the employee has been promoted shall return to the position and status from which the employee was promoted, unless the reason for rejection would have been sufficient to cause dismissal from the former position as well. In such case, the employee shall be entitled to appeal dismissal as provided in this MOU.
14.1.712.1.7 Employees who successfully complete their probationary period and who resign and are subsequently reinstated from a reinstatement list shall have a six (6) month probationary period. Newly appointed probationary employees who are on a leave status in excess of three (3) months shall commence a new probationary period upon return to work.
14.1.812.1.8 Where the probationary employee has performed satisfactorily during the probationary period, the Chief of Police shall recommend to the Human Resources Department in the final probationary performance evaluation report, that the employee be considered for permanent appointment to the applicable classification. Employees who have not performed satisfactorily shall either be rejected pursuant to paragraph 14.1.512.1.5, or the probationary period extended pursuant to paragraph 14.1.212.1.2.
14.212.2 Status of Employee
An employee appointed to a Police Officer or Sergeant classification in the competitive service shall earn permanent status in the classification only if the employee has been selected by Lateral Entry or Direct Appointment, or selected
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from an appropriate employment list and successfully completes the designated probationary period. Once the employee gains status in a classification, that status is retained as long as the employee holds a position in that classification.
14.312.3 Demotions
An employee in any classification covered in this MOU may be demoted to the next subordinate classification (a) upon the employee’s request, (b) as a result of a reduction in force, (c) for disciplinary reasons, or (d) for other cause. In all cases the Chief of Police shall approve the demotion and notify the employee in writing of the action. Upon demotion, the employee will assume permanent status in the next subordinate classification and lose permanent status in the classification from which the employee was demoted. The pay shall be determined as follows:
14.3.112.3.1 Non-disciplinary Demotion. The employee shall be placed on the salary step in the next subordinate pay range that the employee would have achieved had the employee not been promoted to the classification held at the time of the demotion. The employee’s previous anniversary date shall be retained.
14.3.212.3.2 Disciplinary Demotion. In the event of a disciplinary demotion, which is subject to the disciplinary appeal procedure, the employee shall be placed on the salary step in the next subordinate pay range which is at least one step less than the dollar amount received in the pay range held at the time of the demotion. The employee’s original anniversary date in the lower rank shall be reinstated.
14.412.4 Status While on Authorized Leave of Absence Without Pay Authorized leaves of absence without pay shall not cause a break in service, and rights accrued at the time the leave is granted shall be retained by the employee.
However, vacation credits, sick leave credits, holidays, health benefits, and retirement benefits, increases in salary, and other similar benefits shall not accrue to a person granted such leave during the period of absence, unless required by law. An employee returning after an authorized leave of absence without pay shall retain the same status and shall be placed at the same salary step in the pay range currently in effect for the class as the employee received when the leave commenced. Time spent on such leave without pay shall not count toward service for increases within the pay range, and the employee’s salary anniversary date shall be set forward a period of time equal to the employee’s total absence as adjusted to the beginning of the closest pay period.
14.512.5 Status of an Employee Upon Resignation or Retirement Employees who resign or retire give up permanent status and employment rights with the City, except as otherwise provided by the Personnel Rules, the Personnel Ordinance, or other Policy & Procedures or Administrative Directives or other provisions of this MOU or relevant state or federal laws dealing with personnel matters. Employees who resign are expected to provide reasonable notice (usually
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two weeks) of their intent to resign and must be physically present and actively at work up through their date of termination.
14.612.6 Seniority
14.6.112.6.1 Police Officer. Total time in classification will be used for determining assignments for those items covered by seniority bid, i.e., vacation, days-off, and shift assignments, etc. Special assignments within the Police Officer classification shall not interrupt total seniority in classification.
14.6.212.6.2 Police Sergeant. Police Sergeants assigned to Uniform Services, total time in classification will be used for determining assignments for those items covered by seniority bid, i.e., vacation, days-off, and shift assignments, etc.
14.6.312.6.3 Upon request of the POA within 90 days from Council approval of this MOU, the parties shall meet to discuss issues related to seniority. Any changes to the MOU arising from such discussion shall be by mutual agreement only.
12.7 Provisional Appointment of a Police Officer or a Police Sergeant to a Higher Classification
12.7.1 A Police Officer or a Police Sergeant who is provisionally appointed to a higher classification will have his/her salary step adjusted to the higher classification’s salary step that is the closest to an adjustment of 5% above the employee’s base salary.
12.7.2 When a Police Sergeant is provisionally appointed to a higher classification, his/her conditions of employment will continue to be covered by the memorandum of understanding between the City of Concord and the Concord Police Association.
1513 Leaves of Absence with Pay
15.113.1 Sick Leave
Employees will accrue sick leave at the rate of 3.692 hours credited at the end of each full biweekly pay period during which such an employee receives at least 56 hours of straight-time pay. No sick leave credit shall accrue to an employee who receives less than 56 hours straight-time pay for the biweekly pay period. Such straight-time pay may consist of pay for regular hours worked, pay for approved vacation, sick leave, compensatory time off, an observed holiday, jury duty; and/or City pay for military leave. Overtime hours worked and/or any authorized leave of absence with pay shall not apply toward the accrual of sick leave. Sick leave may be accumulated without limit.
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15.1.113.1.1 Sick leave shall be available to employees as it accrues at the end of each pay period following date of eligible employment.
15.1.213.1.2 An employee who is terminated, except when eligible for retirement or when caused by layoff for lack of work or funds, shall forfeit all sick leave accrued at the time of termination. Forfeited sick leave shall not be reinstated upon re-employment with the City. Upon retirement, or upon termination if eligible for retirement, accrued sick leave may be converted as described in Section 20.718.7 below.
15.1.313.1.3 Sick leave applies to absences during pregnancy that are caused by either illness due to pregnancy or the attending physician’s order that the employee cease work. If the employee is ordered to cease work, the employee shall be allowed to use any available sick leave, vacation, or compensatory time, and authorized leave of absence without pay for the period commencing with cessation of work to the date released to return to work by the attending physician. The use of additional vacation or compensatory time off to extend the period of paid leave is at the discretion of the Chief of Police in accordance with the provisions of the City’s Family Medical Leave Policy, Policy and Procedure.
15.1.413.1.4 Use of Sick Leave. An eligible employee may use accrued sick leave for the following:
15.1.4.113.1.4.1 In the case of a bona fide illness of the employee.
15.1.4.213.1.4.2 In the event of the serious illness of a member of the employee’s immediate family.
15.1.4.313.1.4.3 In the event of a death of a member of the employee’s immediate family which is defined as the employee’s spouse, parent, parent-in-law, brother, sister, child (including legally adopted child), grandparent, grandparent-in-law, or any or either of them; and if living within the employee’s home, grandchild.
15.1.4.413.1.4.4 In the event a scheduled medical or dental appointment for the eligible employee, the employee’s spouse, or the employee’s dependent children that requires the employee’s absence from work.
15.1.4.513.1.4.5 For any other reason as permitted by law.
15.1.513.1.5 Limitations.
15.1.5.113.1.5.1 Sick leave shall not be used in lieu of or in addition to vacation.
15.1.5.213.1.5.2 If an employee is on sick leave on the day the City observes a holiday, that day shall not be counted as a day of sick leave.
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15.1.5.313.1.5.3 If an employee’s request for use of sick leave would otherwise be approved, but there is no sick leave balance available for use, then the absence shall be charged to whatever vacation or compensatory time balance the employee may have. If there are no such balances available, then the time off shall be recorded as authorized leave of absence without pay.
15.1.5.413.1.5.5 If the employee’s request for use of sick leave does not qualify under these provisions for sick leave, then the absence may be charged by the employee’s supervisor or the appointing authority to whatever vacation or compensatory time balance the employee may have. If there are no such balances available, then the time off may be recorded as either “Authorized Leave of Absence Without Pay” or “Unauthorized Leave of Absence Without Pay.”
15.1.5.513.1.5.6 Misuse of sick leave may be cause for disciplinary action, including possible discharge.
15.1.5.613.1.5.7 Lack of proper notification or lack of evidence of illness or injury, or due to limitations set forth in this Section
15.1.513.1.5, may be cause for denial of the use of sick leave.
15.1.5.713.1.5.8 When an employee has been absent for three or more consecutive days, the employee’s supervisor, appointing authority, or the Human Resources Director may require the employee to provide a physician’s certificate, or other similar evidence, to support the need for an absence for which sick leave was requested.
15.1.5.813.1.5.9 The employee’s supervisor, appointing authority, or the Human Resources Director may require an employee, who is absent from work for a period of seven (7) consecutive calendar days due to illness or accident, to submit to a physical examination at City expense before return to active duty.
15.1.613.1.6 Proper Notification. Employees shall provide, or make a diligent reasonable effort to provide, notice of absence to the immediate supervisor or the supervisor’s office (or to such person clearly designated by the immediate supervisor) within one hour preceding the employee’s work shift on the initial workday for which sick leave is being requested. The Chief of Police may, however, establish an earlier notification time that is to be observed by the employee.
15.213.2 Administrative Leave
An employee placed on administrative leave shall remain in pay status and shall be eligible for all benefit accruals as though actively at work. During a period of administrative leave, an employee shall remain in an on-call status during the regular work hours and be ready, able and available for work.
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15.313.3 Jury Duty
The City shall provide Jury Duty leave with pay for those employees called or selected to serve for Court Jury Duty subject to the following:
15.3.113.3.1 An employee called for Jury Duty shall immediately notify the Chief of Police through the immediate supervisor by providing the Jury Summons indicating the date, time, and place or for a summons for call-in jury service.
15.3.213.3.2 An employee serving on Jury Duty may remain in a regular pay status and turn over to the City Jury Duty fees received (other than Court paid mileage allowance), or an employee may take vaca tion leave, compensatory leave, or leave without pay and retain all Jury Duty fees and allowances. Jury service performed on days where the employee would not have been regularly scheduled to work, are not compensated by the City.
15.3.313.3.3 Employees remaining in regular pay status shall immediately pay to the City’s Finance Department, through their department head, such amounts as received for Jury Duty fees.
15.3.413.3.4 An employee called for Jury Duty shall report for work each day before Jury Duty begins if there is a reasonable amount of time. On workdays when Jury Duty is completed early, the employee shall return to the job and work the remainder of the normal shift if there is a reasonable amount of time.
1614. Authorized Leave of Absence without Pay
16.114.1 Personal Leave
16.1.114.1.1 An employee shall not be entitled to a leave of absence as a matter of right, but upon request may be granted a leave of absence without pay upon good and sufficient reason. The granting or denial of such leave shall not be subject to the grievance or complaint procedure.
16.1.214.1.2 Authorization for Personal Leave of Absence without Pay. An employee’s request for leave of absence without pay may be granted by the Chief of Police for a period of up to five (5) working days. Upon recommendation of the Chief of Police and the Human Resources Department, requests for leaves of absence without pay for periods greater than five (5) days, but for no more than two (2) years, may be granted by the City Manager. The denial by the City Manager of an unpaid leave of absence request may be appealed to the Personnel Board.
16.1.314.1.3 Early Return from Authorized Leave of Absence without Pay.
An employee may request permission from the appointing authority to return
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from an authorized leave of absence prior to the expiration of such leave. Such a request may be granted at the discretion of the Chief of Police.
14.1.4 Failure to Return from Authorized Leave of Absence without Pay.
Failure of an employee to return to employment upon the termination of any authorized leave of absence without pay shall constitute a separation from service of that employee, unless such leave is extended by the appropriate authority as specified in Section 16.1.2.14.1.2
16.214.2 Authorized Leave of Absence without Pay for Military Duty
16.2.114.2.1 The Uniformed Services Employment and Reemployment Rights Act of 1994, 38 U.S.C. §4301, et seq. and the California Military and Veteran’s Code, §389, et seq., describe the benefits and protections of employees serving in the military.
16.2.214.2.2 Notwithstanding any provisions of the federal or state laws which might provide a lesser leave, reemployment, and/or reinstatement right, an employee shall be granted a leave of absence without pay for an indefinite period of time when the employee is called into active military service. A leave of absence without pay may be granted by the Chief of Police with the approval of the Human Resources Department for an employee who volunteers or enlists for active military service. Leave of absence without pay shall be automatically terminated for those who voluntarily extend or accept extension of their military service period.
16.314.3 Family Care Leave
Family care leave shall be as mandated by state and federal law, provided that the specific family care leave provisions of this MOU shall not be reduced during the term of this Memorandum of Understanding.
16.414.4 Catastrophic Leave
A voluntary employee leave donation program has been established as provided in the City’s Catastrophic Leave Policy and Procedure.
1715. Discipline
17.115.1 Rules of Conduct
Disciplinary measures may be taken for any good and sufficient cause. Cause for disciplinary action shall include:
17.1.115.1.1 Fraud in securing appointment or falsification concerning records, fellow employees, or work performed.
17.1.215.1.2 Incompetency or inefficiency.
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17.1.315.1.3 Inexcusable neglect of duty.
17.1.415.1.4 Insubordination.
17.1.515.1.5 Willful disobedience.
17.1.615.1.6 Endangering self or others; or failure to follow adopted safety practices, or failure to properly use required personal protective gear or equipment.
17.1.715.1.7 Use, purchase, transport, or sale of illegal drugs. This does not include the purchase, transportation, or sale of illegal or controlled drugs as part of necessary performance of duties.
17.1.815.1.8 Unless directed to do so by a supervisor as part of necessary performance of duties, (a) consuming any alcoholic beverage during any portion of duty time (including coffee breaks, paid or unpaid lunch, contract work and overtime hours worked), or (b) purchasing or transporting for personal use any alcoholic beverage during any portion of paid duty time.
17.1.915.1.9 Reporting for or performing duty under impairment as a result of alcohol and/or drug abuse.
17.1.1015.1.10 Dishonesty or immorality.
17.1.1115.1.11 Conviction by any state or by the Federal Government for a crime, the punishment for which could have been imprisonment in a federal penitentiary or a state prison; or conviction of any crime involving moral turpitude.
17.1.1215.1.12 Unauthorized absence without leave.
17.1.1315.1.13 Discourteous or non-cooperative treatment of the public or other employees.
17.1.1415.1.14 Misuse of or misappropriation of City property funds.
17.1.1515.1.15 Improper political activity as defined in Section 11311 of the Personnel Ordinance.
17.1.1615.1.16 Failure to abide by any condition of employment stipulated in the Personnel Ordinance; Personnel Rules, any personnel Policy & Procedure, Administrative Directive or Memorandum of Understanding used in the establishment and maintenance of the City’s personnel program; or by formal action of the Council or Board.
17.1.1715.1.17 Failure to meet financial obligations to the extent that this leads to repeated attachment or garnishment of wages.
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17.1.1815.1.18 Acceptance of gifts or gratuities for favors or services performed during the course of City employment or due to City employment.
17.1.1915.1.19 Any other acts or omissions which are incompatible with or unfavorable to the public service.
17.215.2 Extent of Disciplinary Actions
The extent of the disciplinary action taken shall be commensurate with the offense, provided that the prior employment history of the employee may also be considered pertinent. The disciplinary actions that may be taken are written reprimand, suspension without pay, reduction in step within range, demotion without consent, dismissal, or any appropriate combination of these.
17.2.115.2.1 Written Reprimand. When used as a disciplinary action a written reprimand is an official notification to the employee that there is cause for dissatisfaction with the employee’s services and that further disciplinary measures may be taken if the cause is not corrected. Written reprimands shall be given in the manner and on forms prescribed or accepted by the Human Resources Department. Written reprimands shall be made a part of the employee’s official personnel record and may be considered as pertinent evidence or information in any hearing.
17.2.215.2.2 Suspension without pay shall be a temporary separation from City service not to exceed thirty (30) consecutive days.
17.2.315.2.3 Reduction in Step within range as a disciplinary measure is the withdrawal of step advancements granted for merit, efficiency, and length of service. Reduction in pay shall become effective on the effective date of the disciplinary action. In such case, the employee will be considered for future step advancement in accord with section 7.5 unless a shorter period is designated in the Order of Disciplinary Action.
17.2.415.2.4 Demotion without consent as a disciplinary action shall be a reduction in classification to a classification having a lower maximum salary.
Demotion without consent may be made to the classification having the lowest maximum salary in the classification series or a classification series comparable to that within which the employee’s position is located. The demotion may be to any designated step in the lower pay range which is at least one step lower than the dollar amount received in the pay range for the classification from which demoted. The employee’s original anniversary date in the lower rank shall be reinstated. The demotion may be for a temporary period if so designated in the Order of Disciplinary Action.
17.2.515.2.5 Dismissal means the termination of an employee from the City service.
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17.2.615.2.6 Warning Notice. A Warning Notice is an informal procedure used by a supervisor to caution an employee and is not an official disciplinary action.
The warning notice may be issued verbally or in writing. If the notice is presented in writing, the form titled “Employee Discussion Record” (Form PER 30) shall be used, and it shall be retained within the employee’s department and purged after one (1) year if the situation corrects itself. In using this procedure, a written warning is not to be forwarded to the Human Resources Department for filing in the employee’s official personnel file. Warning notices are not subject to either the grievance procedure or discipline appeal process; however, they may be considered as pertinent evidence or information in any hearing resulting from any subsequent official action taken.
17.315.3 Authority for Disciplinary Actions
The Chief of Police shall have authority to take disciplinary action, provided also that the Chief of Police shall delegate to subordinate supervisory employees the authority to make immediate suspensions in emergency situations. The duration of such suspensions may not be stipulated, however, except by the Chief of Police. The Human Resources Department shall be notified of any contemplated disciplinary action prior to the time it is taken, provided that in emergency situations or other instances when prior notification is not practicable, the Human Resources Department may be notified as soon as possible subsequent to the time the action is taken.
17.415.4 In the conduct of any pre-disciplinary investigation or interrogation the employee shall be afforded the due process protections contained in Government Code Section 3300 et. seq.
17.515.5 Notice to Employees
Before taking any of the disciplinary actions specified in Section 15.2 against any employee who has passed the applicable probationary period, the City shall cause to be served, personally or by certified mail, to the employee a “Notice of Intent to Take Disciplinary Action.” Such notice shall contain:
17.5.115.5.1 A statement describing the proposed disciplinary action.
17.5.215.5.2 A reference to the rule or standard violated.
17.5.315.5.3 A summary of the facts, including acts or omissions, which substantiate that the rule or standard was violated.
17.5.415.5.4 A statement that the employee may review and request copies of materials upon which the proposed disciplinary action is based.
17.5.515.5.5 A statement that the employee has a specified number of working days from the receipt of the notice to respond to the appointing authority, orally or in writing.
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17.615.6 Employee Response
The employee upon whom such Notice of Intent to take Disciplinary Action has been served shall have at least five (5) working days from the receipt of the notice to respond to the City, either orally or in writing, before the proposed action is taken. Upon request of the employee, and for cause acceptable to the Chief of Police, the City may extend the period during which a response would be received. The City shall confirm such extension in writing. If the employee’s response is not received within the period specified in the original Notice of Intent, or within an authorized extension period, any subsequent right to respond shall be forfeited.
17.715.7 Order of Disciplinary Action
At the expiration of the response period, and after consideration of the employee’s response, if any, the Chief of Police shall determine if disciplinary action is warranted. If so, a written notice, including specific charges as to offense and the time, place, and circumstances of such offense shall be made to the employee at the time when any disciplinary action is made effective, provided that in emergency situations or other instances when simultaneous notification is not practicable, written notification may be given the following normal City working day. Said notice shall, whenever possible, be made in the form prescribed by the Human Resources Director and copies shall be submitted to the Human Resources Director for the employee’s official personnel record.
17.815.8 Effective Date
Disciplinary action shall be effective as of the time designated by the Chief of Police, provided that no disciplinary action shall be recorded with an effective date which is prior to the date such action is taken. In addition, except for suspensions under emergency situations, the effective date shall not be earlier than the date of the notice of Order of Disciplinary Action.
17.915.9 Right of Appeal
An employee who has received a disciplinary written reprimand, or who has been suspended, demoted, dismissed, or whose pay step is reduced in the pay range shall be entitled to request a hearing as set forth below.
17.1015.10 Employee Representative
At any step in the discipline appeal procedure, the employee concerned will be represented by the Union or, alternatively, may elect self-representation or representation by legal counsel. In either case, the employee concerned shall be personally present at all stages unless that employee specifically waives the right in writing.
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17.1115.11 Appeal Procedure
The following procedure shall be used in the appeal process for disciplinary written reprimands, suspensions, reduction in step, demotion and dismissal.
17.11.115.11.1 Protest. Within seven (7) working days of the receipt of written notice of Order of Disciplinary Action, or in the case of a written reprimand, the date of the action, the disciplined employee may protest the action.
Such protest shall be in writing and given to the Chief of Police with a copy sent to the Human Resources Director.
17.11.215.11.2 Hearing. The Human Resources Director, within seven (7) working days of the receipt of such an employee’s protest, shall initiate arrangements to hold a hearing between the Chief of Police, the employee, and the Human Resources Director.
17.11.315.11.3 Specification of Intent. The Chief of Police shall consider the disciplined employee’s protest presentation and any other pertinent information that may be forthcoming during the hearing. Within seven (7) working days subsequent to such hearing the Chief of Police may revoke, modify, or affirm the initial disciplinary action and shall notify the employee, in writing, of the intended action, together with any further relevant information. A copy of the notice will be sent to the Human Resources Director.
17.11.415.11.4 Appeal to Personnel Board or Arbitrator. If the matter has not been settled, the employee may, within seven (7) working days of the receipt of the appointing authority’s specification of intention, request in writing to the Human Resources Director that an investigation and decision of the matter be made by either, but not both, the Personnel Board or an arbitrator, subject, in cases submitted to arbitration, to the execution in writing of “An Agreement for Arbitration” signed by the employee, the employee’s representative (if any), and the City Manager. In appeals of disciplinary written reprimands, the arbitration procedure, if elected, shall be an expedited procedure as described below.
17.11.515.11.5 Personnel Board. In considering an employee appeal, the Personnel Board shall investigate and hear the appeal and shall make findings and a decision. The decision of the Personnel Board will have the effect of a judgment.
17.1.615.11.6 Arbitrator. The agreement for arbitration will provide that the arbitration decision will have the effect of a judgment. Except as may be otherwise provided herein, the provisions of Title 9, commencing with Section 1280 of the Code of Civil Procedure dealing with arbitration will apply.
The arbitrator shall be selected from among a list of no more than ten (10) names provided by the California State Conciliation Service, the American Arbitration Association, or a similar body mutually agreed to between the parties.
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After a toss of a coin to decide which party shall move first, the representative of the City and the employee (or the employee’s representative) shall alternately strike one name from the list until one name remains and such person shall act as the arbitrator. The next to the last name stricken shall be the alternate arbitrator to serve in the event the first arbitrator is not available. This procedure shall be followed until there is an available arbitrator.
At any time during the term of this MOU, the parties may, as an alternative to use of AAA or CSCS, arrive at a list of names of arbitrators and a procedure for striking names.
The cost of retaining the arbitrator and the incidental expense of the hearing shall be borne equally by the parties.
17.11.6.115.11.6.1 Special Procedures for Disciplinary Written Reprimands Expedited Arbitration.
Hearings on appeal of disciplinary written reprimands shall occur within 30 days of the selection of the arbitrator. Arbitrators selected for this expedited process shall have a minimum of five years of full time arbitration experience, including experience in expedited processes without written briefs. The arbitration process shall last a maximum of one calendar day. No briefs shall be filed or received, and the matter shall be the subject of oral argument only, at the conclusion of the day of hearing. The arbitrator shall announce his or her decision from the bench, and/or may issue a written confirmation of the award within three days thereafter. The award shall succinctly state the issue, facts, rationale and conclusion.
17.11.715.11.7 Decision—Final and Binding. The decision of the Personnel Board or the arbitrator, whichever is selected, shall be made in writing within ten (10) working days of the close of the investigation and/or hearing; direct the appropriate appointing authority in the disposition of the case; and shall be final and binding upon both parties. The Personnel Board or the arbitrator, whichever is selected, shall be restricted to the interpretation and application of existing policies, rules, directives, or procedures and shall not change existing wage rate schedules or employee benefits.
17.11.7.115.11.7.1 Modification or Revocation. The Personnel Board or the arbitrator, whichever selected, may modify or revoke a disciplinary action based on any of the following guidelines:
17.11.7.1.115.11.7.1.1 There is not evidence to justify the disciplinary action taken.
17.11.7.1.215.11.7.1.2 A violation or omission of
procedure for disciplinary action was made, which violation or omission resulted in prejudice to the employee.
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17.11.7.1.315.11.7.1.3 The action taken resulted from
political, religious, or racial bias or prejudice.
17.11.7.1.415.11.7.1.4 The action taken was unreasonable, capricious, or arbitrary in view of the offense, the
circumstances surrounding the offense, and the past record of the employee.
17.11.7.215.11.7.2 Reimbursement for Lost Pay. Reimbursement shall be made as directed by the Personnel Board or arbitrator, whichever is selected, to an employee for loss of pay due to a disciplinary action which is subsequently revoked or modified. Such reimbursement pertains to and is confined to the period of time between the date of initial action under Section 16.8 and ending with the date of final decision.
17.11.7.315.11.7.3 Limitation. No reimbursement shall be made for any portion of the said period during which the employee was not ready, willing, and able to perform the duties of the position (excluding bona fide sick leave).
17.1215.12 Waiver of Steps or Time Limits
Notwithstanding any provision in this section, any time limit or stage of procedure specified in this section may be waived upon consent of all parties involved.
17.1315.13 No Interruption of Work
During the determination of a discipline appeal herein, there shall be no interruption of scheduled work relating to the discipline appeal, except as provided by Section 15.10. Nothing herein prevents the presentation of testimony, during duty time, for employee-witnesses per prior arrangement with the Department or through subpoena. Scheduling of such witnesses shall be in accordance with operational requirements.
17.1415.14 Working Day
As used in this section, a working day means a day on which the City’s general offices are open for business, i.e., Mondays through Fridays, excluding holidays and other day treated as a holiday under Section 10.
1816. Grievance Procedure
18.116.1 Definition
A grievance is any dispute which involves the interpretation or application of any provision of this MOU, or an alleged violation of any provision of the Personnel
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Ordinance, personnel Rules, Policy and Procedure, Resolution of Council, or Administrative Directive dealing with personnel matters, excluding, however, those provisions of this MOU which specifically provide that the decision of any City official shall be final.
18.216.2 Employee Representative
At any step in the grievance procedure, the employee concerned will be represented by the Association or, alternatively, may elect self-representation or representation by legal counsel. In either case, the employee concerned shall be personally present at all stages unless that employee specifically waives the right in writing.
18.316.3 Class Actions & Association Grievances
In the event more than one employee is directly involved with an issue, the employees may, at any step in the grievance procedure, name one of their members to carry the grievance through the procedure as a class action and be represented by the Association. In a class action grievance, that named employee directly concerned shall be personally present at all stages. The Association will have the sole discretion to advance any Class Action Grievance to the Fourth Step.
18.416.4 Parties’ Intent
It is the intent to deal with and settle grievances informally and at the nearest practical organizational level and as promptly and fairly as possible. Whenever feasible, grievances will be handled during the regularly scheduled working day hours of the parties involved.
18.516.5 Procedure
18.5.116.5.1 First Step. The employee or employees concerned shall first make efforts to resolve such grievance with their immediate supervisor concerned. The grievance shall be submitted to the supervisor within thirty (30) calendar days following the occurrence of the events on which the grievance is based.
18.5.216.5.2 Second Step. If a mutually satisfactory solution of a grievance as specified in the paragraph above is not reached, then within seven (7) days of the discussion with the immediate supervisor, the employee or employees aggrieved may reduce the grievance to writing. The grievance shall set forth all of the issues involved; shall be dated and signed by the employee or employees; and shall be submitted to the Chief of Police. The Chief of Police or the person appointed by the Chief of Police to hear and determine the grievance at this step shall make such investigation of the facts and issues as is required and reach a conclusion at the earliest date consistent with the nature of the investigation and with normal conduct of the department’s business. Upon reaching such conclusion, but in any event within seven (7) working days of the receipt of the grievance statement, the
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Chief of Police or designee shall reply in writing stating the department’s view of the issue involved.
18.5.316.5.3. Third Step. If the grievance has not been disposed of in the second step, the employee, within seven (7) working days after receiving the department’s written reply, shall forward the written grievance to the City Manager or the City Manager’s designated representative, who will review the facts and issues and make such further investigation as is necessary and will reach a conclusion at the earliest date consistent with the nature of the investigation and with normal conduct of the City’s business. Upon reaching such conclusion, but in any event within ten (10) working days of the receipt of the grievance statement, the City Manager or the City Manager’s designated representative shall reply in writing to the employee setting forth the City’s decision.
18.5.416.5.4 Fourth Step. Within seven (7) working days after receiving the City Manager’s written decision the employee may submit the grievance for consideration by either, but not both, the Personnel Board or an arbitrator, subject, in each grievance submitted to arbitration, to the execution of “An Agreement for Arbitration” signed by the employee, the employee’s representative, if any, and the City Manager.
18.5.516.5.5 Personnel Board. In considering an employee grievance, the Personnel Board shall hear and investigate the grievance and shall make findings and a decision. The decision of the Personnel Board will have the effect of a judgment.
18.5.616.5.6 Arbitrator. The agreement for arbitration will provide that the arbitration decision will have the effect of a judgment. Except as may be otherwise provided herein, provisions of Title 9, commencing with Section 1280 of the Code of Civil Procedure dealing with arbitration, will apply.
The arbitrator shall be selected from among a list of no more than ten (10) names provided by the California State Conciliation Service, the American Arbitration Association, or from a similar body mutually agreed to between the parties. After a toss of the coin to decide which party shall move first, the representative of the City and the employee (or the employee’s representative) shall alternately strike one name from the list until one name remains, and such person shall act as the arbitrator. The next to the last name stricken shall be the alternate arbitrator to serve in the event the first arbitrator is not available. This procedure shall be followed until there is an available arbitrator.
The cost of retaining the arbitrator and the incidental expense of hearing shall be borne equally by the parties.
18.5.716.5.7 Decision—Final and Binding. The decision of the Personnel Board or the arbitrator, whichever is selected, shall be made in writing within ten (10) working days of the close of the investigation and/or hearing; shall direct the appropriate appointing authority in the disposition of the case; and shall be final
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and binding upon both parties. In each grievance matter, the Personnel Board and the arbitrator shall be restricted to the interpretation and application of existing policies, rules, directives, or procedures and shall not change existing wage rate schedules or employee benefits.
18.616.6 Waiver of Steps or Time Limits
Notwithstanding any provision in this section, any time limit or stage of procedure specified in this section may be waived upon consent of all parties involved.
18.716.7 No Interruption of Work
During the determination of a grievance herein, there shall be no interruption of scheduled work relating to the grievance, except as provided for in Section 16.3.
18.816.8 Working Day
As used in this section, a working day means a day on which the City’s general offices are open for business, i.e., Mondays through Fridays, excluding holidays and other day treated as a holiday under Section 10.
1917. Safety and Health
19.117.1 Safety
19.1.117.1.1 Safety Committee. There shall be a City Employee Safety Committee. Committee members shall designate a chairperson and vice chairperson, one of whom will regularly attend the meetings of the Executive Safety Committee. In order to facilitate the committee’s work, its members or alternates will be provided reasonable time to meet without causing overtime compensation or interfering with the needs of the City. The City will notify the Union of Safety Committee vacancies and the Union may make committee appointments after consulting with, and considering the concerns of, the employees’ Department Head. The Union shall be entitled to appoint up to two committee members and one alternate for each representation unit. If the Union elects not to make an appointment, the City Manager may.
19.1.217.1.2 Safety Glasses. Subject to the following provisions, the City will provide a pair of glasses that conforms to Federal standards as “safety glasses” upon request of the employee or if the employee’s supervisor or applicable regulation requires the wearing of such glasses:
19.1.2.117.1.2.1 The City shall provide one pair of safety glasses including safety frame and lenses. If the employee normally wears corrective lenses, the appropriate eye prescription will be at the employee’s expense; the City will pay for grinding the lenses to the specifications prescribed by the employee’s eye doctor.
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19.1.2.217.1.2.2 To obtain safety glasses, employee shall first contact the Human Resources Department to secure the necessary order form.
19.1.2.317.1.2.3 The employee will be responsible for appropriate fitting and verification of correctly ground lenses upon receipt of the safety glasses. If not suitable, the employee shall promptly notify the Human Resources Department.
19.1.2.417.1.2.4 One pair of safety glasses will be repaired or replaced if the prescription changes, or if the glasses are broken or damaged, provided that the defective glasses are returned to the Human Resources Department.
19.1.2.517.1.2.5 Replacement of lost glasses will be at employee expense, unless the employee’s supervisor otherwise recommends, based on evidence that the loss occurred during the performance of work for reasons other than employee carelessness or negligence. Non- glare safety glasses shall be provided to VDT users if the Safety Committee so recommends.
19.217.2 Wellness Program
The City shall maintain a Wellness Program for all City of Concord employees.
19.317.3 Fit for Duty
19.3.117.3.1 The City requires that all employees be capable of performing the essential functions with or without reasonable accommodation of his/her assigned position. The City may require employees to be subject to medical examinations which shall be arranged by and conducted at the City’s expense to determine fitness for duty.
19.3.217.3.2 No employee shall hold any position in a class for which the employee is unable to perform fully the essential duties of such position without hazard to either the employee or others. Within the limitations indicated, and consistent with the provisions of existing Personnel Rules, the City will engage in the interactive process to determine if workplace restrictions can be reasonable accommodated within the employees current position or in another available position for which the employee is qualified.
19.417.4 Stress Management
The parties agree on the importance of continuing to provide stress management awareness and training opportunities.
2018. Benefit Plans
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20.118.1 Group Medical Coverage
20.1.118.1.1 Active Employees
20.1.1.118.1.1.1 The City shall continue to contract with CalPERS for medical insurance plans for unit employees through the term of this Agreement.
20.1.1.218.1.1.2 The City shall pay 90% of the Kaiser premium at each rate of coverage (Employee Only, Employee plus 1, and Employee plus 2 or more):
Employee only $671.82
Employee + One Dependent $1,343.65
Employee + Two or more Dependents $1,746.74
20.1.1.318.1.1.3 Beginning with Plan year 2017, the parties agree to share seventy-five percent (75%) City and twenty-five percent (25%) employee any future increases (or decreases) in the Kaiser premium.
The City contribution towards medical premiums shall be calculated as follows: 90% of 2016 Kaiser premium + ((current Kaiser premium – 2016 Kaiser premium)*(.75))
60 days prior to the effective date of the new Kaiser premium rates, as announced by CalPERS, the parties will meet to calculate the City and employee contributions.
20.1.218.1.2 Flexible Spending Account (IRC Section 125):
20.1.2.118.1.2.1 The City maintains a Flexible Spending Account pursuant to IRC Section 125.As soon as practical, but not later than 90 days from the effective date of the agreement, the City will expand the existing premium conversion arrangement under IRC Section 125 to enable pre-tax contributions for medical insurance only by the City on behalf of participating employees.
20.1.2.218.1.2.2 Pursuant to changes in the preceding paragraph, tThe City shall makes a direct contribution to CalPERS equal to the minimum employer contribution for employees participating in the Public Employees Medical and Hospital Care Act (PEMHCA) on behalf of each active employee.
20.1.2.318.1.2.3 The City’s total contribution on behalf of each active employee is an amount which, together with the minimum PEMHCA
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contribution, equals the City contribution calculated in Section
20.1.118.1.1. For 201923, the PEMHCA minimum is $136151.
[HISTORICAL EXAMPLE: If the PEMHCA minimum
contribution is $136, and the City’s share of premium for Employee Only is $671.82, then the City will make a direct PEMHCA payment of $136 and make available $535.82 to the employee under the premium conversion arrangement.]
20.1.2.418.1.2.4 Employees with medical coverage from a source other than through their employment with the City may request that their medical coverage as employees of the City be terminated; and shall, in lieu of that coverage be paid as follows:
For those qualified and hired by the City of Concord before January 1, 2015, Medical in Lieu shall be $400 per month.
For those qualified and hired by the City on or after January 1, 2015, Medical in Lieu shall be $200 per month.
Employees who opt out of the CalPERS medical plan and receive cash must provide the following: (1) proof that the employee and all individuals for whom the employee intends to claim a personal exemption deduction (“tax family”), have or will have minimum essential coverage through another source (other than coverage in the individual market, whether or not obtained through Covered California) for the plan year to which the opt out arrangement applies (“opt out period”); and (2) the employee must sign an at testation that the employee and his/her tax family have or will have such minimum essential coverage for the opt out period.
An employee must provide the attestation every plan year at open enrollment or within 30 days after the start of the plan year. T he opt -out payment cannot be made and the City will not in fact make payment if the employer knows that the employee or tax family member doesn’t have such alternative coverage, or if the conditions in this paragraph are not otherwise satisfied. Employees and known dependents who do not provide the annual information required will be enrolled in the lowest cost health plan.
20.1.2.518.1.2.5 Consistent with applicable laws and regulations, each worker may authorize salary deductions for any benefits permitted by law and provided for in the FSA plan document. Those benefits will include:
a. Health insurance in accordance with PERS regulations and Federal law;
b. Child care expenses not otherwise reimbursed by the City;
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c. Any qualified personal medical, dental and vision care expenses not covered by the City’s plans, including but not limited to deductibles, co-payments, medication and medical equipment;
d. Commuter Benefits
20.1.318.1.3 Retiree Medical Insurance
Current employees hired prior to 8/2/2016 and who meet the requirements set forth in this section shall be vested per the following vesting schedule up to the flat dollar contribution rates set forth in the chart below, determined by the level of coverage selected (Single Party, Two-Party, and Family) and plan type:
20.1.3.118.1.3.1 Vesting Schedule:
0 – 9 years of City of Concord service – PEMHCA minimum 10 – 14 years of City of Concord service – Two-Party
15+ years of City of Concord service – Family
By the term “vested”, the parties hereby expressly demonstrate their intent to memorialize the obligation of the City to provide the retiree medical insurance benefit described in section 20.1.3.318.1.3.3 to eligible future retirees (those hired prior to August 2, 2016) who retire directly from the City of Concord. Eligible retirees may elect to participate in or drop out of retiree medical coverage during any Open Enrollment period; however the employer contribution only applies for the period(s) of time that the eligible retiree is participating in retiree medical coverage through the City. The City’s obligation described herein will not cease upon expiration, termination or modification of this agreement.
20.1.3.218.1.3.2 Exception for Current Employees who become disabled and retire from the City of Concord and CalPERS:
Current employees (those hired prior to the date of this agreement) who become disabled during the course of their employment shall not be subject to the vesting schedule for retiree medical benefits.
20.1.3.318.1.3.3 Plan Types:
Basic Plan (Pre-Medicare)
Supplemental Medicare Plan (Retiree and dependent(s) are Medicare eligible)
Combination Plan (when at least one covered party – retiree or
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dependent are Medicare eligible but at least one of the other covered individuals is not Medicare eligible)
Plan Type – Basic Plan (Pre-Medicare)
Level of Coverage City Monthly Contribution
Single Party Only $671.82
Two-Party $1,343.65
Family $1,746.74
Plan Type – Supplemental Medicare Plan Type (Retiree and dependent(s) are all Medicare eligible) Level of Coverage City Monthly Contribution
Medicare Retiree Only $287.52
Medicare Retiree+1 Medicare Dependent $575.04
Medicare Retiree+2 or more Medicare Dependents $862.56
Plan Type – Combination Plan Type Option 1 (Retiree is Medicare eligible, but dependent(s) are not) Level of Coverage City Monthly Contribution
Medicare Retiree+1 Basic Dependent $937.30
Medicare Retiree+2 or more Basic Dependents $1,321.01
Medicare Retiree+1 Medicare Dependent+1 or more Basic Dependent(s) $974.16
Plan Type – Combination Plan Type Option 2 (Retiree is not Medicare eligible, but one or more dependent(s) are)
Level of Coverage City Monthly Contribution
Basic Retiree+1 Medicare Dependent $937.30
Basic Retiree+2 or more Medicare Dependents $1,235.10
Basic Retiree+1 Basic Dependent+1 or more Medicare Dependent(s) $1,321.01
20.1.3.418.1.3.4 Retiree contributions will vary based on future changes to health premiums and health plan selected. However, the City contribution shall be fixed at the levels listed above.
In the event that the retiree selects a medical plan with a premium less than the City’s fixed contribution, the City shall pay the lesser amount.
20.1.3.518.1.3.5 Employees hired on or after 8/2/2016 and employees hired before 8/2/2016 but who work fewer than ten (10) continuous years for the City of Concord shall have no vested right to retiree medical benefits and shall only be entitled to the minimum contribution rate provided by law. However, any employee who retired directly from City of Concord and was eligible for the retirement medical benefit
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prior to 8/2/2016, but subsequently returns to employment with Concord shall retain his/her eligibility for retirement health benefits pursuant to
20.1.318.1.3. In addition, any employee who has received a conditional offer of employment with the City prior to 8/2/2016 shall be treated as an active employee on the effective date for purposes of section
20.1.318.1.3. Further, those participating in the Police Academy training session #181 (only) who are subsequently hired directly by the City as Entry Level Police Officers will likewise be treated as an employee on the effective date for purposes of section 20.1.318.1.3.
20.1.3.5.118.1.3.5.1 The continuous City service requirement in Section 18.1.3.5 applies only to the initial qualification for retiree medical benefits under Section 20.1.318.1.3. Employees hired before 8/2/2016 who serve ten (10) or more years and retire directly from the City may aggregate prior service in calculating City contribution levels in Section 20.1.3.118.1.3.1.
Example 1. Employee 1 is initially employed by the City in 1995, works for the City for ten (10) years and then leaves. This employee is rehired by the City on August 30, 2016 and elects to retire from the City in December 2018. Although Employee 1 has twelve (12) years of total City service, Employee 1 is only eligible to receive the PEMHCA minimum contribution because their employment with the City immediately preceding retirement began after 8/2/2016.
Example 2. Employee 2 is initially hired by the City in 1990 and works for twelve (12) contiguous years. Employee 2 leaves City service in 2002, but is rehired by the City in 2006 and works continuously for twelve (12) years until 2018 when Employee 2 retires. Because (a) Employee 2’s employment with the City immediately preceding retirement began before August 2, 2016, (b) Employee 2 worked more than ten (10) contiguous years during the second stint of employment, and (c) Employee 2 retired directly from the City, Employee 2 is eligible for the Family level of flat dollar contribution based on their twenty-four (24) years of cumulative service, although not contiguous.
Example 3. Employee 3 is initially hired by the City in 1995, works for the City for ten (10) years and leaves for another agency. Employee 3 is rehired by the City in 2012 and retires from the City in 2018, after six (6) years of service. Employee 3 is only eligible to receive the PEMHCA minimum contribution because Employee 3 did not work at least ten (10) years of contiguous service during their last employment with the City.
20.1.418.1.4 The parties agree to re-open to meet and confer on regulatory changes related to the Affordable Care Act which arise during the term of this MOU.
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20.1.518.1.5 Employees Disabled Due to Work Related Injury. The City will continue health plan coverage for employees who become disabled due to a work related injury which occurred during employment with the City. The coverage shall extend for up to one year from the date of injury or to the date when the employee’s disability is determined to be permanent and stationary, whichever comes first. The City’s obligation shall be limited to the premium it was paying on behalf of the employee as of the date of injury.
20.1.618.1.6 Plan adjustments that may be stipulated by carriers as mandatory may be incorporated into the described health insurance program without contradicting the concept of the “present level of coverage.”
20.1.718.1.7 Extended health care coverage for those employees who retired prior to August 1, 1998 and for those employees placed on Long Term Disability who are not eligible for disability retirement shall be provided as described in Attachment C of this document.
20.218.2 Dental
20.2.118.2.1 The City will maintain the current dental plan for the term of the MOU and pay total premium cost for employee and dependents
20.2.218.2.2 Orthodontic coverage shall be provided to the employee, the employee’s spouse and dependent children under the age of 26 years. The orthodontic coverage shall be on an 80% / 20% co-payment basis with a limit of a $5,000 cost to the City for the lifetime of the covered person.
20.2.318.2.3 The dental coverage shall provide that if an eligible person selects a more expensive plan of treatment than is customarily provided, or specialized techniques rather than standard procedures, the dental claims administrator will pay the applicable percentage of the lesser fee and the patient is responsible for the remainder of the dentist’s fee. For example, a crown where a filling would restore a tooth, a gold crown where one constructed of semi-precious materials would restore the tooth, or a precision denture where a standard denture would suffice. Thus, the use of gold for crowns and jackets may be considered an optional benefit whenever the patient and dentist elect to use gold when other materials generally accepted by the dental profession will adequately restore the tooth; the additional cost, if any, would be the responsibility of the patient.
18.2.4 20.2.4 Plan adjustments that may be stipulated by carriers as mandatory may be incorporated into the described health insurance program without contradicting the concept of the “present level of coverage.”
20.2.518.2.5 The City shall provide 100 % coverage for all Diagnostic & Preventative Benefits for the employees included in this MOU.
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20.318.3 Life Insurance
20.3.118.3.1 Group Term Life Insurance. The City will provide a life insurance benefit equal to two times the employee’s current annual earnings, not to exceed $400,000, during the term of this MOU.
20.3.218.3.2 Death Benefit. The death benefit shall be the amount of an employee’s Accumulated Retirement Contributions and the amount of insurance payable under the Group Term Life Insurance Policy.
18.4 Short Term Disability
The parties have agreed to delete Short Term Disability coverage for this entire bargaining unit.
20.518.5 Long Term Disability
The City will maintain the current Long Term Disability benefit program during the term of this MOU.
20.618.6 Job Injury Leave with Pay For Peace Officers
There shall be provided a category of leave known as “Job Injury Leave with Pay for Peace Officers.” As used in this section the term “4850” refers to Section 4850 of the Government Code. Such leave shall be administered according to the following provisions:
20.6.118.6.1 Eligibility. Any full-time employee occupying a regular position, regardless of such employee’s period of service with the City, who may be disabled due to an injury or illness arising out of and in the course of employment with the City of Concord, shall be eligible for 4850 benefits.
20.6.218.6.2 Disability Determination. The determination of temporary, total, or partial disability shall be made by the City’s medical examiner. In the event of a dispute, the finding, and order of the Worker’s Compensation Appeals Board (WCAB) regarding an application filed in connection with the injury or illness, claimed to have arisen out of or in the course of employment, shall be binding upon both the City and the police officer with respect to: (1) disability; (2) whether the disability is job-incurred; and (3) whether the disability is total, temporary, partial, or permanent and stationary.
20.6.318.6.3 Compensation During Job Injury Leave
20.6.3.118.6.3.1 Workers’ Compensation. Temporary disability indemnity payments shall be augmented by 4850 benefits to maintain the disabled employee at full base salary, including the amount of Police Professionalization Program [PPP] incentive pay designated to be included in base pay. If temporary disability indemnity is not provided
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during the workers’ compensation waiting period, or for partial days lost due to the job-incurred disability, 4850 benefits shall cover these periods.
20.6.3.218.6.3.2 Salary. The salary to which the employee is entitled while on 4850 benefits shall be the base salary step including any PPP incentive designated to be included in base pay in effect on the date of the job-incurred disability, and may be increased by any general adjustments to the salary range that may occur during the course of 4850 benefits.
20.6.3.318.6.3.3 Social Security. The disabled employee shall apply, when eligible, for Social Security disability benefits. Social Security disability benefits paid to the employee or the employee’s dependents while receiving 4850 benefits shall be made payable to the City by the disabled employee. If the employee fails to apply for Social Security benefits, the 4850 benefits may be reduced by the amount of Social Security benefits to which the employee may have been entitled.
20.6.3.418.6.3.4 Other Disability Income. Benefits paid the disabled employee by private plans paid for by that employee and without participation by the City shall not reduce 4850 benefits.
20.6.418.6.4 Duration of Leave. Eligible employees shall be entitled to 4850 benefits for the period of temporary disability not to exceed one (1) year cumulatively from the date of the job-incurred disability.
If, at any time during 4850 leave, the Human Resources Director finds that the disability is permanent and stationary and the employee will be unable to return to work in the classification to which the employee was assigned as of the date of disability, the disabled employee shall be removed from 4850 leave status and shall apply for benefits under the City’s Long-Term Disability (LTD) program. (See Section 20.518.5 above.)
If the employee disagrees with the Human Resources Director’s determination that the employee’s condition is permanent and stationary and unable to perform the work of the assigned classification the employee shall notify the City in writing within ten (10) days of being removed from 4850 leave.
The matter shall be resolved by the Workers’ Compensation Appeals Board under the provisions of Labor Code Section 6144.
The decision of the Workers’ Compensation Appeals Board upon this issue may be appealed by either party to the Superior Court, providing this appeal is filed within twenty (20) days from the date of the Workers’ Compensation Appeals Board decision.
Pending the processing and payment of benefits under the Long-Term Disability program, and/or the PERS Industrial Disability Retirement program,
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the City shall pay to the employee an amount equivalent to that which the employee would ordinarily receive under the applicable disability program. In the event the Workers’ Compensation Appeals Board finds that the employee’s disability is not permanent and stationary, and the employee cannot at that time be considered permanently unable to return to work, the employee shall be paid the amount the employee would have received as 4850 benefits less any benefit payments provided under the City’s LTD program or Social Security disability benefits paid to the employee or the employee’s dependents retroactive to the date the 4850 leave was terminated.
20.6.518.6.5 Impact of 4850 Benefits on Other Benefit Programs:
20.6.5.118.6.5.1 Employees who are on 4850 leave shall accrue sick leave and vacation and shall receive any regular uniform allowance for a period not to exceed 12 months.
20.6.5.218.6.5.2 Life Insurance. The amount of City provided life insurance in effect at the time of the employee’s job-incurred disability shall remain in force and continue to be provided at the City’s expense throughout the duration of 4850 benefits.
20.6.5.318.6.5.3 Medical and Dental Plans. Medical and Dental Plan benefits in effect at the time of the employee’s job incurred disability shall be provided to the employee and the employee’s eligible throughout the duration of 4850 benefits.
20.6.5.418.6.5.4 Retirement System. Employee contributions to PERS will continue to be made during the period of 4850 leave and the period of leave shall be included as years of service for retirement purposes.
20.6.618.6.6 Step Increases. The interval between any step increase for which the employee would otherwise be considered shall be extended by the duration of 4850 benefits and a new anniversary date shall be established as of the effective date of any step increase granted following the reinstatement of the employee from 4850 benefits.
20.6.718.6.7 Probationary Appointments. If the employee was serving a Probationary Appointment when disabled on the job and the employee is subsequently reinstated from 4850 leave to a position in the classification occupied at the time of disability, the probation appointment period shall be extended by the duration of 4850 leave.
20.6.818.6.8 Seniority. The employee’s seniority shall continue to accrue during the duration of 4850 leave and may be used for whatever purpose seniority is used by the Police Department according to their regulations.
20.6.918.6.9 Return to Work. If the disabled employee recovers and is released for full-time employment and duty status in the employee’s own
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classification, all benefits under 4850 benefit provisions shall cease and the employee shall immediately return to work upon medical release. This reinstatement from job injury leave shall be made even if it results in the layoff of another employee through application of the City’s layoff procedure. Medical release for return to work shall be determined and provided by the City’s appointed medical examiner.
20.6.1018.6.10 Long-Term Disability. The Long-Term Disability (LTD) program runs concurrently with 4850 leave. An employee may be eligible to receive LTD benefits based upon eligibility criteria from the first date of disability, as determined by the LTD claims administrator. However, such LTD benefits are not paid since they are less than the 4850 benefits. At the end of the maximum one year period of 4850 benefits, or, if sooner, upon the declaration of permanent and stationary and inability to return to work in the employee’s own occupation, the employee will continue to be eligible for LTD a period of up to twenty-six (26) months beyond the first date of disability under the “own occupation” definition of disability. However, when all of the following conditions are met, eligibility for LTD benefits under the “own occupation” definition shall be extended from 26 months to a maximum of 36 months from the first date of disability:
20.6.10.118.6.10.1 The disability has been accepted by the City’s workers’ compensation claims administrator as being a disability arising out of and in the course of employment; and
20.6.10.218.6.10.2 There continues to be medical certification by the City’s appointed medical examiner that the employee is unable to perform the full duties of his/her classification.
20.6.10.318.6.10.3 The extension period (beginning on the 27th through the 36th month described above) shall be canceled at any time during this period if any of the events shown below should occur:
20.6.10.3.118.6.10.4.1 Determination is made by the City’s appointed medical examiner that the employee is no longer disabled from performing the full duties of his or her own classification; or
20.6.10.418.6.10.4 The extension period does not alter any eligibility or other provisions under which Long-Term Disability benefits are provided.
20.718.7 Retirement
20.7.118.7.1 The City provides retirement benefits to employees under the California Public Employees Retirement System (“CalPERS”) and, in the
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administration of the retirement program, PERS Rules and Regulations shall apply.
20.7.218.7.2 ”Classic employees” participate in the CalPERS 3% at 50 plan.
Classic employees contribute their 912% member contribution to CalPERS, and contribute an additional 3% towards the employer’s contribution, as authorized by Government Code 20516(f), for a total contribution of 12%.
18.7.2.1 Effective the first full pay period in July 2020, Classic employees will contribute an additional 2%, (11% total), toward their member contribution to CalPERS.
18.7.2.2 Effective the first full pay period in July 2022, Classic employees will contribute an additional 1%, (12% total), toward their member contribution to CalPERS.
20.7.318.7.4 “New members” hired after January 1, 2013 under the Public Employee Pension Reform Act (PEPRA), participate in the California Public Employee Retirement System Local Safety 2.7% at 57 retirement formula, and complies with Government Code sections 7522 et seq., including but not limited to a cap on pension benefits, and the three year average for calculating final compensation. ”New members” pay 50% of the normal cost for their pension benefit as identified by CalPERS.
20.7.418.7.5 For purposes of determining retirement benefits for “classic” members, “Final Compensation” shall mean the highest average monthly compensation paid as compensation earnable (as defined by the CalPERS regulations) to an employee during any period of twelve (12) consecutive months during the employee’s membership in the PERS Retirement Program.
20.818.8 Conversion of Sick Leave to Retirement Service Credit Upon retirement unused accrued sick leave can be used to extend service credit and an employee will receive 0.004 years of service credit for each 8 hours of unused accrued sick leave pursuant to CalPERS regulations. Alternatively, an employee can elect to cash out up to 800 hours of unused accrued sick leave at the rate of two hours of pay for each 8 hours of unused accrued sick leave. An employee can also elect a combination of cash out up to the maximum 800 hours (200 hours pay) and extended service for the balance.
20.918.9 Deferred Compensation
Employees shall be eligible to participate voluntarily in the City of Concord Deferred Compensation Plan subject to Internal Revenue Service approval.
20.1018.10 Employee Assistance
The City will maintain the Employee Assistance Program (E.A.P.) during the term of this MOU. The parties agree that the minimum number of counseling
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sessions will be eight (8) per contract year for employees and their eligible dependents.
20.1118.11 Tuition Reimbursement
The City will reimburse employees for expenses incurred for tuition and books required for courses of study subject to the following conditions and limitations:
20.11.118.11.1 The subject matter of the course, training program, or degree relates to the employee’s work with the City and is designed to improve the employee’s job performance.
20.11.218.11.2 The course is in a school accredited by the Western Association of Schools and Colleges, the National Home Study Council, or by special permission as recommended by the Chief of Police and approved by the Human Resources Department.
Tuition reimbursement shall not be provided for any course or program conducted by an educational institution through a contractual relationship with any type of “Educational Broker” as further described in the report Educational Brokering in California Digest as published by the California Post-secondary Education Commission, April 27, 1977. Further, the City shall neither approve, recognize, nor reimburse any “Life Experience” credits that may be granted by any educational institution. Also, the City shall not reimburse any or all courses given by an educational institution, school or service that leads to a degree which includes credit for “prior learning experiences” that is not classroom related; regardless of the fact that the institution or school has been accredited by the Western Association of Schools and Colleges.
20.11.318.11.3 The class and study time are outside the employee’s normal working hours.
20.11.418.11.4 The course is completed with a grade better than C- or with a certificate of completion.
20.11.518.11.5 Reimbursement for books retained by the employee will be limited to 50% of the cost.
20.11.618.11.6 The maximum benefit payable to an employee per fiscal year shall be $1,500 for approved course work successfully completed at a school that is privately owned and/or operated. No limit shall apply to courses of instruction taken at schools that are publicly owned and/or operated.
20.11.718.11.7 Reimbursement shall not be provided for costs incurred for graduation fees, deferred tuition payment fees, student body fees, binders, note papers, exam blue books, parking fees, or miscellaneous supplies, computer hardware or software, or battery operated or electric calculators.
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20.11.818.11.8 Human Resources Department authorization must be obtained prior to incurring any otherwise reimbursable expenses. Reimbursement will be approved by the Human Resources Department upon satisfactory evidence of satisfactory completion of the authorized course.
20.1318.13 Vision Coverage
The City will maintain the current Vision Service Plan (VSP) (Examination, Lenses every 12 months; $20 co-pay for exams and materials) for all employees for the term of the MOU and pay total premium cost for employee and dependents.
20.1418.14 PEPRA Maximum Compensation Limits
Upon request by the POA, prior to July 2024, t he parties agree to meet to discuss and exchange information about the effects of PEPRA maximum compensat ion limits on bargaining unit members. Such discussions will not constitute a waiver of any rights or obligations of the parties under the MOU and that any changes to the MOU will be subject to mutual agreement.
2119. Uniforms
21.119.1 Uniforms, Emblems, and Insignia
21.1.119.1.1 The City shall provide City emblem shoulder patches for police uniforms under a program regulated by the Chief of Police.
21.1.219.1.2 Upon promotion, an employee shall be provided by the City two complete sets of jacket and one set of shirt bar emblems and insignia appropriate for rank involved. This does not include service stripes which may be worn at the expense and discretion of the employee; except that for the 20th and 25th year of total peace officer service, the City shall provide, at the request of the employee, four sets of service stripes, each stripe denoting five years of peace officer service. Such service stripes are to be worn at the expense and discretion of the employee.
21.219.2 Uniform Allowance:
21.2.119.2.1 Beginning July 1, 2022, aAn annual uniform allowance shall be paid in 26 equal installments over the fiscal year, with the first payment being made in the first full pay period in July. In the event there is a 27th pay period in the fiscal year, there shall not be a payment in the 27th pay period. The annual uniform allowance shall be $1,400.A uniform allowance will be made the first full pay period in July. The uniform allowance shall be one thousand four hundred dollars ($1,400.00) annually.
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21.2.1.119.2.1.1. New hires shall receive a one-time lump sum payment of $1,400 to purchase new uniforms; this lump sum payment shall be made on their payday after the new hire’s first full pay period.
Each subsequent fiscal year, the employee shall receive the annual $1,400 uniform allowance as described in 20.2.119.2.1.
21.2.1.219.2.1.2 On a one-time non-precedent setting basis, employees who are CalPERS “classic” members (as defined by CalPERS) who retire in Fiscal Year 2022-23, the City shall restate its uniform allowance reporting to CalPERS to ensure the $1,400 paid in the first full pay period in July 2021 is reported evenly throughout Fiscal Year 2021-22 if the employee provides the City with at least 90 calendar days’ notice prior to his/her retirement date. If the employee provides less than 90 calendar days advance notice of his/her retirement date, the City is not obligated to restate its uniform allowance reporting to CalPERS.
21.2.1.319.2.1.3 The parties agree that for “classic members” (as defined by CalPERS), this is special compensation and shall be reported as such, to the extent legally permissible, pursuant to Title 2 CCR, Section 571(a)(5) as Uniform Allowance.
21.2.219.2.2 Employees selected to ride motorcycles shall be provided one pair of boots and two pair of breeches at City expense after they successfully complete their motorcycle training and are actively employed using a motorcycle as a part of their duty assignment. Such breeches and boots shall be replaced at City expense upon approval of the employee’s supervisor if the article is obviously worn out due to normal wear and tear.
2220. Reimbursement
22.120.1 Damaged or Lost Personal Property
Subject to the following provisions, claims for damaged or lost personal property of an employee shall, when such damage or loss results directly from the performance of work in the line of duty, be reimbursed. Such personal property must have been necessarily worn, used, or carried by the employee in order to adequately fulfill the duties and requirements of the job.
22.1.120.1.1 The City will process and review employee claims with the understanding that the burden of proof of damage or loss rests with the employee who shall submit specified evidence of ownership and value.
22.1.220.1.2 Damage to or loss of personal property occurring in all but the following circumstances shall be eligible for reimbursement:
22.1.2.120.1.2.1 Theft or vandalism.
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22.1.2.220.1.2.2 Ordinary wear and tear.
22.1.2.320.1.2.3 Employee carelessness, negligence, or lack of proper care.
22.1.2.420.1.2.4 Events normally encountered or anticipated in the job and subject to the control of the employee.
22.1.2.520.1.2.5 Incidents occurring outside hours actually worked (for example: breaks, meal periods, standby duty).
22.1.320.1.3 An employee shall be eligible for reimbursement for damage to or loss of any personal property except:
22.1.3.120.1.3.1 Tools or equipment used without the express approval of the appointing authority.
22.1.3.220.1.3.2 Items not required as part of a uniform or duty equipment such as jewelry.
22.1.3.320.1.3.3 Clothing provided at City cost.
22.1.3.420.1.3.4 Vehicles.
22.1.3.520.1.3.5 Items that have exceeded their normal life expectancy.
22.1.3.620.1.3.6 Items compensable by Workers’ Compensation coverage or the employee’s insurance.
22.1.420.1.4 Following verification of eligibility for payment, reimbursement shall be as prompt as possible. Reimbursement shall be limited as follows:
22.1.4.120.1.4.1 For items that may be repaired, reimbursement is limited to the actual cost to repair the item.
22.1.4.220.1.4.2 For items damaged beyond repair or lost, reimbursement is limited, either to the actual value of the item at the time of loss or damage, or to the original cost, whichever is less.
22.1.4.320.1.4.3 Reimbursement for watches shall be limited to $50.00.
Reimbursement for cash shall be limited to $25.00.
22.1.520.1.5 Claims Procedure:
22.1.5.120.1.5.1 An employee may submit a claim on a form designated by the City to the immediate supervisor for review within thirty (30) calendar days of the incident which resulted in loss or damage. Claims
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submitted more than 30 days following the incident may be considered only if the Chief of Police accepts an explanation for the delay.
22.1.5.220.1.5.2 The employee’s supervisor will review the claim and complete that portion designated for supervisory response and forward the claim form to the Chief of Police.
22.1.5.320.1.5.3 The Chief of Police will review the claim, add comments as appropriate, and forward the claim to the Finance Director.
22.1.5.420.1.5.4 The Finance Director will determine whether or not the claim satisfies the criteria specified above. If the criteria are met, the Finance Director will provide reimbursement. If a claim does not appear to meet the eligibility criteria, or if the amount of reimbursement appears to be inappropriate, the Finance Director will notify the Chief of Police of the concern prior to notifying the employee. The employee may be requested to provide additional information to substantiate a claim. The Finance Director and Chief of Police may, when appropriate, negotiate reimbursement amounts with the claimant or the claimant’s representative.
22.1.5.520.1.5.5 If a claim is rejected, the employee will be notified of the reason for rejection and the employee may submit additional information and request reconsideration.
22.1.620.1.6 Disputes. Disputes regarding either eligibility for reimbursement or the amount of reimbursement may be processed at the Second Step of the Grievance Procedure, Section 18.5.216.5.2.
22.220.2 Travel
22.2.120.2.1 The City Manager may authorize attendance, travel and reimbursement of all normal and necessary expenses incurred by employees representing the City on official business or at an approved function. The following guidelines shall govern the approval of the City Manager. In areas not specifically covered, the City Manager’s decision shall prevail.
22.2.220.2.2 The governing factor in authorizing attendance at these functions is the benefit to accrue to the City as a result of such attendance in relation to the overall expense to the City. All employees will obtain approval of the Chief of Police and the City Manager prior to incurring City reimbursable expenses when business or function will require them to be away from work for a full day or more, or require overnight absences.
22.2.320.2.3 Travel shall be by means most economical to the City of Concord.
If travel by air is indicated, coach or economy air travel will be used whenever possible. Travel by private automobile will be authorized in lieu of flying, when it does not necessitate more time away from the job. The total travel cost shall be
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computed on direct route distances, but in no case shall the expense exceed the round trip cost by air.
22.2.420.2.4 No employee shall be authorized mileage allowance for privately- owned vehicle travel in the performance of official business or approved function within the immediate vicinity of Concord, if a City-owned vehicle is available and suitable for such use. When authorized, travel by private automobile will be reimbursed at the prevailing IRS mileage allowance.
22.2.520.2.5 When vehicles, either private or City-owned, are provided for authorized travel, employees shall pool rides whenever possible.
22.2.620.2.6 While attending approved functions, the burden of responsibility for sound judgment in expending City funds rests on the attending employee. The decision of the City Manager shall be final in cases where conflict of opinions on reimbursement exist.
22.2.720.2.7 Reimbursement of costs shall be based on the minimum number of days and hours required to transact City business. Early departures and late arrivals shall be at the employee’s own expense except where prior approval of the City Manager is received.
22.2.820.2.8 The use of City vehicles shall be limited to official City business and travel reasonably related thereto. Transportation of persons other than employees or official City delegates is authorized by the City Manager only in situations where it relates to City business, such as transportation of spouses to functions where they are registered to attend, and then only when alternative arrangements are impracticable.
22.2.920.2.9 Advance requests, receipts, and expense statements are to be submitted to the Finance Director for processing and filing. Processing shall include verification of policy compliance. Receipts are required to be filed for all major expenses when available such as registration, hotel, and travel.
2321. Policies and Procedures
Prior to consideration by the City Council, the City agrees to provide 20 working days notice of any proposed modification, amendment, or consideration of any new Policy or Procedure Statement affecting personnel covered by this MOU. With mutual consent of the parties, this 20-day notice may be waived.
2422. Outside Employment
24.122.1 City employees shall not engage in any employment activity or enterprise for compensation which is inconsistent, incompatible, or in conflict with, or inimical to their duties as employees or with the duties, functions, or responsibilities of the employee’s appointing authority or the department in which employed. A employee shall not perform any work, service, or counsel for compensation outside of such employment
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where any part of his or her efforts will be subject to approval by any officer, employee, board, or commission of the City, unless otherwise approved in the manner prescribed by Sections 22.2 and 22.3 below.
24.222.2 Prohibited Activities
The Chief of Police may determine, subject to the concurrence of the City Manager, those outside activities which, for employees under his or her jurisdiction, are inconsistent with, incompatible to, or in conflict with their duties as employees. An employee’s outside employment, activity, or enterprise may be prohibited if it:
24.2.122.2.1 Involves the use for private gain or advantage of City time, facilities, equipment, and supplies, or the badge, uniform, prestige, or influence of one’s City office or employment; or
24.2.222.2.2 Involves receipt or acceptance by the employee of any money or other consideration from anyone other than the City for the performance of an act which the employee, if not performing such act, would be required or expected to render in the regular course or hours of his or her City employment or as a part of the duties of such a employee; or
24.2.322.2.3 Involves the performance of an act in other than the capacity of the employee, which act may later be subject directly or indirectly to the control, inspection, review, audit, or enforcement of any other officer or employee of the City to whom the employee reports; or
24.2.422.2.4 Involves such time demands as would render performance of his or her duties as an employee less efficient.
24.322.3 Authorization
Any employee, wishing to engage in an occupation or outside activity for compensation and having any reason to question whether this activity might come under Sections 24.122.1 and 24.222.2 shall inform the Chief of Police of such desire, providing information as to the time required and the nature of such activity and such other information as may be required.
24.422.4 The Chief of Police at his or her own initiative, or at the request of the employee, shall make such determination as specified in Section 24.222.2 and either authorize or prohibit the employee’s outside employment, activity, or enterprise for compensation. Notice of such determination shall be in writing to the employee involved, with a copy forwarded to the Human Resources Director.
If authorization is granted, it shall be valid only for the work and period prescribed therein. Such determination of the Chief of Police may be subject to the Grievance Procedure as set forth in Section 1186.
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2523. Entire Agreement
Except as otherwise specifically provided herein, this MOU fully and completely incorporates the understanding of the parties hereto and constitutes the sole and entire agreement between the parties in any and all matters subject to meet and confer.
2624. Severability
Should any part of this Memorandum of Understanding, or any provision herein contained be rendered or declared invalid by reason of any existing or subsequently enacted legislation, Federal tax requirements, or by any decree of any court of competent jurisdiction, such invalidation of such part or portions of this MOU shall not invalidate the remaining portions thereof. The remaining portions or parts shall remain in full force and effect. It is mutually agreed that upon such invalidation the City and the Union will meet and confer in good faith with reference to the parts or provisions thus invalidated which affects the Unit.
This MOU is subject to all laws and ordinances. This MOU shall be further subject to all resolutions and administrative rules of the City except as expressly provided to the contrary by this MOU.
2725. Revisions, Amendments, Extensions
Neither party shall be required to negotiate any changes to the terms of this MOU except by mutual agreement.
2826. Term of Agreement
This MOU shall be effective upon ratification and approval by the members of the Concord Police Association and upon approval by the Concord City Council. The Terms of this Memorandum of Understanding shall be from the effective date through June 30, 20261.
The parties shall reopen negotiations by March 15, 20216.
If negotiations are not completed by the end of the term, this MOU shall continue in full force and effect until an understanding is reached, or, failing agreement, until any applicable impasse procedure is exhausted.
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Attachment A: Pay Schedule
Effective July 1, 2019
CLASS PAY CATEGORY
Step 1
Step 2
Step 3
Step 4
Step 5
Master
Officer Step
5 Police Officer Base Pay $7,410 $7,781 $8,170 $8,578 $9,008 $9,909
3.0% Specialty Pay $9,279 $10,206
5.0% Specialty Pay or
5.0% Corporal Pay $9,459 $10,405
5.0% Corporal Pay and
3.0% Specialty Pay $9,742 $10,717
5.0% Corporal Pay and
5.0% Specialty Pay $9,931 $10,924
2.5% PPP* $7,596 $7,975 $8,374 $8,793 $9,234 $10,157
2.5% PPP and 3.0%
Specialty Pay $9,511 $10,461
2.5% PPP and 5.0%
Specialty Pay or 5.0%
Corporal Pay
$9,695 $10,664
2.5% PPP and 5.0%
Corporal Pay and 3.0%
Specialty Pay
$9,987 $10,985
2.5% PPP and 5.0%
Corporal Pay and 5.0%
Specialty Pay
$10,178 $11,196
5.0% PPP $7,781 $8,170 $8,579 $9,008 $9,459 $10,405
5.0% PPP and 3.0% $9,743 $10,718
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CLASS PAY CATEGORY
Step 1
Step 2
Step 3
Step 4
Step 5
Master
Officer Step
5 Specialty Pay
5.0% PPP and 5.0%
Specialty Pay or 5.0%
Corporal Pay
$9,932 $10,925
5.0% PPP and 5.0%
Corporal Pay and 3.0%
Specialty Pay
$10,231 $11,253
5.0% PPP and 5.0%
Corporal Pay and 5.0%
Specialty Pay
$10,428 $11,470
10.0% PPP $8,150 $8,559 $8,987 $9,436 $9,909 $10,900
10.0% PPP and 3.0%
Specialty Pay $10,206 $11,226
10.0% PPP and 5.0%
Specialty Pay or 5.0%
Corporal Pay
$10,404 $11,445
10.0% PPP and 5.0%
Corporal Pay and 3.0%
Specialty Pay
$10,716 $11,787
10.0% PPP and 5.0%
Corporal Pay and 5.0%
Specialty Pay
$10,924 $12,016
Sergeant
Base Pay $9,596 $10,076 $10,580 $11,110 $11,664
2.5% PPP $9,836 $10,328 $10,845 $11,387 $11,956
7.5% PPP $10,316 $10,832 $11,374 $11,943 $12,540
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CLASS PAY CATEGORY
Step 1
Step 2
Step 3
Step 4
Step 5
Master
Officer Step
5 10% PPP $10,556 $11,083 $11,637 $12,219 $12,831
Master
Sergeant 5%
Base Pay $10,076 $10,580 $11,109 $11,665 $12,247
2.5% PPP $10,328 $10,844 $11,387 $11,957 $12,553
7.5% PPP $10,832 $11,374 $11,942 $12,540 $13,166
10% PPP $11,083 $11,637 $12,219 $12,830 $13,472
Master
Sergeant 10%
Base Pay $10,556 $11,083 $11,638 $12,221 $12,830
2.5% PPP $10,820 $11,361 $11,929 $12,526 $13,151
7.5% PPP $11,348 $11,916 $12,511 $13,137 $13,793
10% PPP $11,611 $12,191 $12,801 $13,441 $14,114
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Attachment B: Police Professionalization Program
ELIMINATION: As set forth in the 2023-2026 MOU at Section
10.912.2, the Police Professionalization Program shall be eliminated no later than the first full pay period in July 2023 and this Attachment B shall be void.
1. PURPOSE
To establish a Police Professionalization Program to increase the standards and requirements for Police Service to meet the needs of the City of Concord.
2. EXCLUSIONS
This policy does not apply to the Chief of Police.
3. DEFINITIONS
3.1 Base salary means the appropriate salary step in the Pay Range adopted for the class.
3.2 P.O.S.T. means the California Commission on Peace Officer Standards & Training.
3.3 Police Officer as used in this Policy Statement means any “peace officer” as the term is defined in Section 830-830.5 of the State of California Penal Code, regardless of rank.
3.4 Program year means from August 1 through the following July 31.
3.5 Satisfactory completion of course(s) means the attainment of a letter grade of “C” or better, a “Pass” grade if graded on a pass-fail basis; or a certificate of completion.
4. GENERAL
It is the intent of the City of Concord to maintain a high quality police service to cope with increased demands placed upon this function due to judicial, legislative, technical and social changes. Incumbent officers are encouraged to meet the higher requirements for their own classification and to become prepared for advancement through a salary incentive program.
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5. POLICY
The City of Concord will establish and maintain a Police Professionalization Program designed for the capable experienced officer who is interested in a broad academic and specialized training background.
6. PARTICIPATION
6.1 During each program year, an eligible police officer shall be entitled to receive additional percentage of pay over base salary as an incentive according to the attached Table A. Such incentive pay shall be effective at the beginning of the pay period following the fulfillment of all of these conditions:
6.1.1 Has provided the Chief of Police satisfactory proof that the appropriate P.O.S.T. Certificate requirements as specified in Table A have been met; and
6.1.2 Has provided the Chief of Police evidence of satisfactory completion (during off-duty time within the previous program year or during the officer’s entry probation period with the Concord Police Department) of either:
6.1.2.1 Six semester units or nine quarter units of credit in approved college course(s); or
6.1.2.2 One hundred hours of approved specialized off-duty instruction;
6.1.2.3 An off-duty research project requiring approximately 100 hours and approved in advance by the Chief of Police.
7. PROVISIONS
7.1 The requirements for the P.O.S.T. Intermediate and Advanced Certificates are those set forth by the California Commission on Peace Officer Standards and Training.
7.2 Qualifying courses, college or specialized training programs, or research projects are to be pursued during the officer’s off-duty time under this Police Professionalization Program and must be approved in advance as appropriate by the Chief of Police and the Human Resources Department. The following shall not be considered qualifying education or training under the Police Professionalization Program.
7.2.1 Routine exercises to maintain proficiency with firearms or other similar police skills.
7.2.2 The hours spent by a Police Officer attending Police Department mandatory training programs for which the officer is compensated.
7.2.3 The hours spent by a Police Officer performing homework assignments or other preparatory work in connection with an academic or special course of instruction.
7.2.4 The hours spent by a Police Officer preparing and presenting speeches as a representative of the Police Department.
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7.3 Police Officers are encouraged to complete the requirements for college degrees. The approved fields of specialty for such degrees is to be broadly interpreted to provide for the professional growth of the police officer, however, courses which are not creditable toward a degree program or such programs that are pursued for an a vocational interest rather than professional growth may not satisfy the requirement for salary incentives under the Police Professionalization Program.
7.4 The Police Department shall provide job related specialized training periodically through the year and make such training available during the officer’s off-duty hours.
7.5 The appropriate Police Professionalization Program salary incentives shall be added to each paycheck issued to the participant officer while qualified under this program.
The effective date of any increase in level of participation shall be at the beginning of a pay period following the attainment of the appropriate P.O.S.T. Certificate and/or college degree. Percentages applied for completion of training shall be effective at the beginning of the first full pay period in the program year for training completed during the previous program year. Police Officer eligibility for Training Pay discontinues upon achievement of a Bachelor’s degree. However, due to the payment cycle, a Police Officer will continue to receive Training Pay for the balance of the program year during which the Bachelor’s degree was achieved.
7.5.1 Salary incentives for participation in the Police Professionalization Program shall be payable only while the officer is actively employed as a Police Officer with the City. The incentive salary shall be in addition to base pay, except as provided in Table A. The incentive salary shall not be payable during the term of a disciplinary suspension, disability retirement, long term disability, or when on leave of absence without pay. The incentive salary under this program shall automatically cease on the date the participating officer is no longer in the Police Department; and a reinstated officer shall be treated as a new hire.
7.5.2 In the event a Police Officer entitled to a salary incentive under the Police Professionalization Program leaves the employ of the City for any reason, the officer shall receive the proportionate amount of the incentive due to the date of separation from the City service (less any non-qualifying time as specified in Section 7.5.1 above) at the time the officer’s final wage is being processed.
8. RESPONSIBILITIES
8.1 The Chief of Police shall be responsible for the administration of this policy.
8.1.1 The Chief of Police shall initiate a “Notice of Personnel Action” form to add, change, suspend, or remove the salary incentive as provided by the Police Professionalization Program.
8.2 The Finance Director shall add the appropriate salary incentive to each paycheck for each police officer entitled to a salary incentive provided by and in accordance with this Policy Statement upon receipt of the approved “Notice of Personnel Action” form indicated in Section 8.1.1 above.
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8.2.1 The Finance Director shall use the appropriate salary steps contained in the City’s Table II “Schedule of Monthly Pay Ranges” and Table III “Schedule of Hourly Pay Rates” in calculating the percentage incentive payment due which is subject to retirement and other benefits.
8.3 The Human Resources Department may periodically audit and make recommendations to the Chief of Police and/or the City Manager regarding the status and administration of this policy.
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TABLE A
Classification
Professionalization
Status
% Added
to Base
% Not in
Base Total %
Police Officer IC + AA + Training 0 2.5 2.5
IC + BA 5.0 0 5.0
AC + AA + Training 0 2.5 2.5
AC + BA 10.0 0 10.0
Police Sergeant IC + AA + Training 0 2.5 2.5
IC + BA 7.5 0 7.5
IC + BA + Training 7.5 2.5 10
AC + AA + Training 0 2.5 2.5
AC + BA 7.5 0 7.5
AC + BA + Training 7.5 2.5 10
AC + MA 10 0 10
AA AA Degree or 60 college units
IC P.O.S.T. Intermediate Certificate
AC P.O.S.T. Advanced Certificate
BA Bachelor’s Degree
MA Master’s Degree
Training Off duty training (satisfactory completion of either 6 semester units of approved college work or 100 hours of approved job related training each year or approved research project).
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Attachment C: Health Care Coverage for Disabled Employees Health care coverage may be extended to disabled Eligible Employees subject to the following:
1. DEFINITIONS
1.1 “Eligible Employee” means all full time employees covered by this MOU.
1.2 “Dependent” means the Eligible Employee’s legal spouse, and/or children who are eligible for coverage under the City provided CALPERS health plan.
1.3 “Extended Health Care Coverage” means continued eligibility to participate in and be covered by the City provided CALPERS health plan after commencement of Long Term Disability benefits.
1.4 “Individual Coverage” means coverage under the City provided CALPERS health plan for the disabled Eligible Employee or the surviving spouse of a disabled Eligible Employee.
1.5 “Residual Balance of Unused Sick Leave” means all hours of unused sick leave in excess of 800 hours.
2. ELIGIBILITY
2.1 Extended health care coverage shall be limited to those Eligible Employees who become eligible and continue to be eligible to receive benefits under the City of Concord’s Long Term Disability Program but who are not eligible for a Disability Retirement.
2.2 Participation in extended health care coverage program by a disabled Eligible Employee and/or dependent(s) shall be voluntary.
2.3 Extended health care conversion coverage will cease on the last day of the month for which Long Term Disability benefits are payable. Continued enrollment in the CALPERS health plan will be available as a continuation benefit at the employee’s expense under standard Leave of Absence provisions.
3. SCOPE OF EXTENDED HEALTH CARE COVERAGE
3.1 Extended health care coverage shall not include prescription drug programs that are independent of available health plans. Continuation of dental plan coverage is at the entire expense of the eligible employee and is not included under the sick leave conversion provisions of this section.
3.2 Participants in the extended health care coverage program shall, when eligible, apply for Medicare Parts A and B and/or other insurance programs under which there is an entitlement to benefits.
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4. PARTICIPATION/ELECTION OPTIONS
Eligible Employees who elect to participate in the extended health care coverage program may choose one of the following options:
4.1 Option 1. Conversion of Entire Sick Leave Balance
Convert the entire unused sick leave balance available at the date coverage commences. The entire unused sick leave balance at the date of retirement may be converted to fully-paid individual health care coverage. The number of unused sick leave hours shall be divided by eight (8) and rounded to the nearest whole number to determine the number of months of fully-paid health care up to the CALPERS Kaiser premium amount provided to regular, full-time employees for Individual Coverage.
If the Eligible Employee chooses to have a spouse covered, the number of months of coverage shall be reduced by one-half. Health care coverage for dependents other than a spouse shall be at the sole expense of the Eligible Employee. However, if there is no spouse, one, and only one, dependent child of the Eligible Employee may be designated to receive the spousal coverage. Any premium amount for the selected coverage which exceeds the CALPERS Kaiser premium shall be paid by the Eligible Employee to the Finance Director. Upon exhausting the period of paid health coverage, the Eligible Employee may elect to continue participation in extended health care coverage by commencing payment as described in Option 3 below.
4.2 Option 2. Conversion of Residual Balance of Sick Leave Freeze 800 hours of the unused sick leave balance available when Long Term Disability benefits commence. The Residual Balance of Unused Sick Leave (excess over 800 hours) may be converted to fully-paid extended health care as described under Option 1 above.
At the time of Service Retirement occurring while the Eligible Employee is eligible to receive benefits from the City’s Long Term Disability Program, an Eligible Employee will receive the dollar value of the frozen 800 hours of unused sick leave computed at the rate of one hour of pay for each four hours of unused sick leave.
4.3 Option 3. Payment for Participation
In lieu of converting any unused sick leave as described in Options 1 and 2 above, the Eligible Employee may choose to participate by paying the entire monthly premium rate for the selected CALPERS coverage to the Finance Director by the 10th of each month.
5. Except as provided in Option 2 above, if the Eligible Employee elects to use any or all of the unused sick leave balance as an option for extended health care coverage, the employee may not at a later date receive any portion of the unused sick leave in cash, even if the employee elects to stop participation in the extended health care coverage program.
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6. DEATH OF DISABLED ELIGIBLE EMPLOYEE/SPOUSE
6.1 Upon the death of a disabled Eligible Employee’s spouse who has been covered under these conversion provisions, any or all of his or her unused months of fully- paid extended health care coverage will be made available to the disabled Eligible employee.
6.2 Upon the death of the disabled Eligible Employee, the surviving spouse may continue on extended health care until the number of months originally covered is exhausted.
Upon conclusion of fully-paid coverage, a surviving spouse, until remarriage, may elect to continue to participate in the extended health care coverage program by commencing payment as described in Option 3 above. Dependent coverage would be at the sole expense of the surviving spouse.
6.3 Upon remarriage, a surviving spouse may continue Individual Coverage in the extended health care coverage by paying the full amount required for such coverage.
Health care coverage for eligible dependent children of the deceased Eligible Employee would be at the sole expense of the surviving spouse.
6.4 If, under Option 1 above, a dependent child was provided coverage in lieu of the spouse, that dependent child may have access to any remaining months of such fully- paid health care coverage while remaining eligible as a dependent for coverage by the CalPERS health plan. Upon exhaustion of the remaining months, or if the dependent child ceases to meet eligible requirements of the CalPERS health plan, whichever is first, no further participation in extended health care coverage shall be offered.
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ATTACHMENT D
VACATION CASH OUT ELECTION FORM
(NON-REVOCABLE)
Pursuant to Personnel Policy & Procedure 37.17 Vacation, paragraph 4.3, I, _____________________________________ hereby request to cash out ____ hours of vacation leave (must not exceed 40 hours). I am aware and agree that the IRS requires that this election be non-revocable and that I will receive this payment during the first full pay period of August, or as otherwise specified in my ap plicable MOU, of the calendar year following this election. I further acknowledge that the hours I am seeking to cash out are not currently accrued vacation balance hours, but rather, in compliance with IRS regulations, are for hours that will be accrued in the calendar year in which the cash-out occurs.
PROCEDURE:
(1) Employee must complete and sign the form.
(2) The original, signed form must be received in Payroll no later than close of business the last regular work day of the calendar year prior to the year in which the cash out will be made. Forms received after the final regular work day of the calendar year cannot be accepted.
I understand the following provisions apply:
I must have at least eighty (80) hours of accrued vacation leave when submi tting the non -revocable Vacation Cash Out Election Form.
This request can only be made once in each twelve month period. Payment is subject to ordinary deductions and withholdings. This request is irrevocable. Once elected, the number of hours listed fo r cash -out will no longer be available for me to use as vacation time. Once cashed out, I will not be able to buy back hours at a later time.
Adjustment of hours will begin to be reflected in a “Reserve” bank visible through Lawson Employee Self Service no later than the 2nd pay period in January.
Employee Name (please print)______________________________ Employee # ________
Employee’s Signature_____________________________________ =============================================================================
FOR PAYROLL USE ONLY
Date form was received in Payroll: __________
Vacation balance at time of request: __________
Hours requested to be cashed out: __________
Reserved hours available at time of cash-out: __________ Eligibility verified on __________ by ____________________________________________________ Hours to be cashed out: _____ x hourly pay rate of $________ Total Gross: $__________Pay Code G16 Note: This will be charged to the same expense account from which the employee is presently paid.
Cash out processed PPE __________ Hours deducted from employee’s vacation balance _________ Verification of completed process _________________________________________ Date ________
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ADDENDUM TO THE MEMORANDUM OF UNDERSTAND BETWEEN T HE CITY OF CONCORD AND THE CONCORD POLICE OFFICERS’ ASSOCIATION
DATED 4 DECEMBER 2007
On or about 26 September 2006 the City Council adopted the Tobacco Retailers License Ordinance (TRLO) in response to the community’s desire to abate the sale of tobacco to individuals who are not legally of an age to purchase tobacco products.
After consultation and a vote that was put to the membership, the Concord Police Officers’ Association (CPOA) agreed, for the purposes of the TRLO only, that the City can hire and retain part-time police officers.
The part -time officers will work at an hourly rate of pay that will be established by the City’s Human Resources Department in conjunction with the Chief of Police.
The course and scope of the part -time officers’ em ployment will be directed and determined solely by the Chief of Police, the purpose of which shall be the fulfillment and execution of the mandate directed by the TRLO.
The CPOA agreement is predicated, in part, upon the part -time officers’ prohibition fr om responding to standard patrol and/or officer calls, absent exigent circumstances including immediate officer safety or danger to life or property. Further, any lack of available staff would not permit the City to use the part -time officers to fill a beat or respond to calls other than those beats and calls that relate directly to the TRLO. The part-time officers will not displace any members of the bargaining unit and except for the duties associated with the terms of the TRLO will not perform any other regularly assigned bargaining unit work. In the event that the scope and duties outlined in the TRLO are modified significantly, the parties will meet and confer on such changes.
The City and the CPOA agree and understand that as long as the TRLO is i n existence, the City shall have the authority to hire and retain part-time police officers pursuant to this Addendum.
Agreed to on 4th December 2007.
For the City of Concord: For the CPOA:
SO SIGNED SO SIGNED
Edward James, City Manager (interim) Ronald Bruckert, CPOA President
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Signatures
For the UnionAssociation
For the City
Joe HigbyPaul VanDiver Valerie Barone
President , Concord Police Association City Manager
Ron BruckertDan Smith Jasmin Loi
Vice President Director, of Human Resources
______________________________________
Nick Davison
Negotiating Team Member
_______________________________________
David PettyLee Lawrence
Negotiating Team Member
_______________________________________
Shawn Phalen
Negotiating Team Member
_______________________________________
Dan SmithOllie Sansen
Negotiating Team Member
_______________________________________
Paul Van DiverRockne A. Lucia, Jr.
Negotiating Team MemberChief Negotiator
_________________________________
Lisa S. Charbonneau
Chief Negotiator
Rockne A. Lucia, Jr.Joe Higby
Chief NegotiatorLabor Relations
Representative
Res. No. xx-xx 1
BEFORE THE CITY COUNCIL OF THE CITY OF CONCORD
COUNTY OF CONTRA COSTA, STATE OF CALIFORNIA
A Resolution Approving the Negotiated Terms
and Authorizing the City Manager to Execute
a Three-and-a-Half-Year Memorandum of
Understanding between the City of Concord and the
Concord Police Managers’ Representation Unit for
the Period January 1, 2023, through June 30, 2026;
and Approving an Appropriation of $43,600 from
General Fund balance for FY2022-23 to Implement
the Terms of the Memorandum of Understanding
Resolution No. 22-XX
_____________________________________________________________/ WHEREAS, the term of the current memorandum of understanding between the City of Concord and the Concord Police Managers’ Representation Unit is set to expire June 30, 2023; and WHEREAS, the City of Concord and the Concord Police Managers’ Representation Unit mutually agreed to open contract negotiations early; and WHEREAS, over the past several months, City of Concord negotiators and Concord Police Managers’ Representation Unit representatives bargained in good faith regarding a successor memorandum of understanding and reached a tentative agreement on November 18, 2022. On November 22, 2022, the City of Concord received notice that the Concord Police Managers’ Representation Unit’s members ratified the tentative agreement; and WHEREAS, the attached successor memorandum of understanding between the City of Concord and the Concord Police Managers’ Representation Unit contains the terms and conditions of employment for Police Lieutenants and Police Captains for January 1, 2023, through July 30, 2026 (Exhibit A); and
WHEREAS, the total cost of the comprehensive negotiated changes to the memorandum of understanding over three-and-a-half-years (Fiscal Years 2022-23, 2023-24, 2024-25 and 2025-26) is approximately $1.4 million; and
WHEREAS, there are sufficient funds available in the current adopted budget (Fiscal Year 2022-23); and
//
Attachment 3
Res. No. xx-xx 2
WHEREAS, the City Council, after giving all public notices required by state law and the Concord Municipal Code, held a duly noticed public hearing on December 13, 2022 on this item and at such public hearing considered the staff report dated December 13, 2022, together with all other relevant oral and written information, testimony and comments received, before deciding on this item.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF CONCORD DOES RESOLVE AS FOLLOWS:
Section 1. Determines that Council action hereon is exempt from California Environmental Quality Act (CEQA) review because none of the activities has the potential for resulting in either a direct physical change in the environment, or a reasonably foreseeable indirect physical change in the environment, the activities consist of continuing administrative or maintenance activities, creation of government funding mechanisms or other government fiscal activities, and/or organizational or administrative activities of governments, which do not constitute a "project" within the meaning of Public Resources Code Section 21065, CEQA Guidelines Sections 15060(c)(2), 15060(c)(3) and 15378 (including subsections (b)(2), (4) and/or (5)), and the activities do not constitute discretionary approval of a specific project. If any activity were determined to be a “project” for CEQA analysis, such activity is either subject to a categorical exception set forth in CEQA Guidelines Section 15061(b)(2) or falls within the "Common Sense" CEQA exemption set forth in CEQA Guidelines Section 15061(b)(3). No unusual circumstances exist and none of the exceptions under CEQA Guidelines Section 15300.2 apply. This determination reflects the City’s independent judgment and analysis.
Section 2. Approves the attached successor memorandum of understanding between the City of Concord and the Concord Police Managers’ Representation Unit containing the terms and conditions of employment for Police Lieutenants and Police Captains for January 1, 2023, through July 30, 2026.
Section 3. Authorizes the City Manager to execute the memorandum of understanding on behalf of the City of Concord and to execute such documents and take such other steps as might be necessary or desirable to implement the memorandum of understanding.
Res. No. xx-xx 3
Section 4. Approves an appropriation of $43,600 from General Fund balance in FY2022-23 to implement the terms of the memorandum of understanding
Section 5. This resolution shall become effective immediately upon its passage and adoption.
PASSED AND ADOPTED by the City Council of the City of Concord on December 13, 2022, by the following vote:
AYES: Councilmembers -
NOES: Councilmembers -
ABSTAIN: Councilmembers -
ABSENT: Councilmembers -
I HEREBY CERTIFY that the foregoing Resolution No. 22-XX was duly and regularly adopted at a regular meeting of the City Council of the City of Concord on December 13, 2022. ____________________________________
Joelle Fockler, MMC
City Clerk
APPROVED AS TO FORM:
_______________________________
Susanne Meyer Brown
City Attorney
Exhibit A: Memorandum of understanding between the City of Concord and the Concord Police Managers’ Representation Unit for January 1, 2023, through July 30, 2026
10308567.1 CO286-023
MEMORANDUM OF UNDERSTANDING
BETWEEN
THE CITY OF CONCORD
AND
THE CONCORD POLICE MANAGERS’
REPRESENTATION UNIT
Effective January 1st, 2023 - June 30th, 2026
Exhibit A to Attachment 3
Table of Contents
i
10308567.1 CO286-023
SUBJECT PAGE
1. AGREEMENT ........................................................................................................................ 1
2. ALCOHOLIC BEVERAGES AND ILLEGAL OR CONTROLLED SUBSTANCES ... 2
3. DUES DEDUCTION .............................................................................................................. 2
4. REPRESENTATION BY EMPLOYEES ............................................................................ 2
5. BULLETIN BOARD .............................................................................................................. 3
6. MANAGEMENT RIGHTS ................................................................................................... 3
7. NON-DISCRIMINATION .................................................................................................... 3
8. HOURS OF WORK ............................................................................................................... 4
8.1 GENERAL.................................................................................................................... 4
8.2 BREAKS ....................................................................................................................... 4
8.3 MEAL PERIOD ........................................................................................................... 4
8.4 EMERGENCY MEAL ................................................................................................ 4
8.5 DAYLIGHT SAVINGS TIME ................................................................................... 5
9. ORGANIZATIONAL CHANGES ....................................................................................... 5
9.1 PARTICIPATION ....................................................................................................... 5
9.2 MANAGEMENT RESPONSIBILITIES/ACCOUNTABILITY ............................ 5
10. ECONOMIC/BUDGET UPDATE ....................................................................................... 5
11. PAY ....................................................................................................................................... 5
11.1 SALARY ADJUSTMENTS ........................................................................................ 5
11.2 EDUCATION INCENTIVE PROGRAM ................................................................. 6
11.3 ANNIVERSARY DATE OF STEP INCREASES .................................................... 6
11.4 OVERPAYMENT – GRACE PERIOD ..................................................................... 7
12. PAY PREMIUM ..................................................................................................................... 7
12.1 COMPENSATORY TIME ......................................................................................... 7
12.2 COURT APPEARANCES .......................................................................................... 8
13. HOLIDAYS .......................................................................................................................... 11 14 VACATION .......................................................................................................................... 12
15. ADMINISTRATIVE LEAVE ............................................................................................. 14
16. EMPLOYMENT, ADVANCEMENT, & RETENTION .................................................. 14
16.1 PROBATIONARY PERIOD .................................................................................... 14
16.2 DEMOTIONS ............................................................................................................ 14
16.3 STATUS WHILE ON AUTHORIZED LEAVE OF ABSENCE WITHOUT PAY15
16.4 STATUS OF AN EMPLOYEE UPON RESIGNATION OR RETIREMENT ... 15
Table of Contents (continued)
ii
10308567.1 CO286-023
17. LEAVES OF ABSENCE WITH PAY ................................................................................ 15
17.1 USE OF SICK LEAVE ............................................................................................. 15
17.2 DISCIPLINARY ADMINISTRATIVE LEAVE .................................................... 17
17.3 JURY DUTY .............................................................................................................. 18
18. AUTHORIZED LEAVE OF ABSENCE WITHOUT PAY ............................................. 18
18.1 PERSONAL LEAVE ................................................................................................. 18
18.2 AUTHORIZED LEAVE OF ABSENCE WITHOUT PAY FOR MILITARY DUTY ..................................................................................................................................... 19
18.3 FAMILY CARE LEAVE .......................................................................................... 19
18.4 CATASTROPHIC LEAVE ...................................................................................... 19
19. DISCIPLINE ........................................................................................................................ 19
19.1 RULES OF CONDUCT ............................................................................................ 19
19.2 EXTENT OF DISCIPLINARY ACTIONS ............................................................. 21
19.3 AUTHORITY FOR DISCIPLINARY ACTIONS .................................................. 22
19.5 NOTICE TO EMPLOYEES ..................................................................................... 23
19.6 EMPLOYEE RESPONSE ........................................................................................ 23
19.7 ORDER OF DISCIPLINARY ACTION ................................................................. 23
19.8 EFFECTIVE DATE .................................................................................................. 24
19.9 RIGHT OF APPEAL ................................................................................................ 24
19.10 EMPLOYEE REPRESENTATIVE ......................................................................... 24
19.11 APPEAL PROCEDURE ........................................................................................... 24
19.12 WAIVER OF STEPS OR TIME LIMITS............................................................... 27
19.13 NO INTERRUPTION OF WORK........................................................................... 27
19.14 WORKING DAY. ...................................................................................................... 27
20. GRIEVANCE PROCEDURE ............................................................................................. 27
20.1 DEFINITION ............................................................................................................. 27
20.2 EMPLOYEE REPRESENTATIVE ......................................................................... 28
20.3 CLASS ACTIONS & ASSOCIATION GRIEVANCES ........................................ 28
20.4 PARTIES’ INTENT .................................................................................................. 28
20.5 PROCEDURE ............................................................................................................ 28
20.6 WAIVER OF STEPS OR TIME LIMITS............................................................... 30
20.7 NO INTERRUPTION OF WORK........................................................................... 30
20.8 WORKING DAY ....................................................................................................... 30
21. SAFETY AND HEALTH .................................................................................................... 30
Table of Contents (continued)
iii
10308567.1 CO286-023
21.1 SAFETY...................................................................................................................... 30
21.2 SAFETY GLASSES PROGRAM ............................................................................ 31
21.3 INOCULATIONS ...................................................................................................... 31
21.4 WELLNESS PROGRAM ......................................................................................... 31
21.5 FIT FOR DUTY ......................................................................................................... 31
21.6 STRESS MANAGEMENT ....................................................................................... 31
22. BENEFIT PLANS ................................................................................................................ 31
22.1 GROUP MEDICAL COVERAGE .......................................................................... 31
22.2 DENTAL PLANS....................................................................................................... 37
22.3 LIFE INSURANCE ................................................................................................... 38
22.4 LONG TERM DISABILITY .................................................................................... 38
22.5 JOB INJURY LEAVE WITH PAY FOR PEACE OFFICERS ............................ 38
22.6 RETIREMENT CONTRIBUTION ......................................................................... 43
22.7 RETIREMENT SOCIAL SECURITY OFFSET ................................................... 43
22.8 CONVERSION OF SICK LEAVE TO RETIREMENT SERVICE CREDIT .... 43
22.9 DISABILITY BENEFIT COORDINATION .......................................................... 44
22.10 DEFERRED COMPENSATION ............................................................................. 44
22.11 EMPLOYEE ASSISTANCE PROGRAM .............................................................. 45
22.12 TUITION REIMBURSEMENT ............................................................................... 45
22.13 PEPRA MAXIMUM COMPENSATION LIMITS ................................................ 45
23. TAKE HOME VEHICLES ................................................................................................. 46
24. UNIFORMS .......................................................................................................................... 46
24.1 EMBLEMS AND INSIGNIA.................................................................................... 46
24.2 UNIFORM ALLOWANCE ...................................................................................... 46
25. REIMBURSEMENT ............................................................................................................ 47
25.1 DAMAGED OR LOST PERSONAL PROPERTY ................................................ 47
25.2 TRAVEL ..................................................................................................................... 49
26. POLICIES AND PROCEDURES ...................................................................................... 50
27. OUTSIDE EMPLOYMENT ............................................................................................... 51
27.2 PROHIBITED ACTIVITIES ................................................................................... 51
27.3 AUTHORIZATION .................................................................................................. 51
28. RESIDUAL RIGHTS ........................................................................................................... 52
29. ENTIRE AGREEMENT ..................................................................................................... 52
30. REVISIONS, AMENDMENTS, EXTENSIONS ............................................................... 52
Table of Contents (continued)
iv
10308567.1 CO286-023
31. WAIVER ............................................................................................................................... 52
32. SEVERABILITY CLAUSE ................................................................................................ 52
33. TERM .................................................................................................................................... 53 ATTACHMENT "A" EXTENDED HEALTH CARE COVERAGE FOR RETIRED OR DISABLED POLICE OFFICERS 54
ATTACHMENT "B" RETIREMENT ALLOWANCE FACTORS - POLICE
EMPLOYEES 58
ATTACHMENT "C" POLICE MANAGEMENT PROFESSIONALIZATION 59 ATTACHMENT "D" VACATION CASH OUT FORM (NON-REVOCABLE) 64
1 10308567.1 CO286-023
CONCORD POLICE MANAGERS
Memorandum of Understanding
1. Agreement
This Memorandum of Understanding (MOU) entered into between the CITY OF CONCORD, hereinafter called “City,” and the CONCORD POLICE ASSOCIATION, the designated bargaining unit representative hereinafter called the “Association,” represents the results of meeting and conferring in good faith in accordance with Section 3500, et. seq., of the California Government Code.
The parties executing this MOU are the duly appointed representatives of the Concord Police Managers’ Representation Unit and the Association. The parties acknowledge the existence of a separate “Police Managerial Representation Unit” collective bargaining agreement applicable to the ranks of Captain and Lieutenant only. The parties agree that the parties negotiated the separate Captains’ and Lieutenants’ bargaining agreement with the express purpose to form a separate bargaining unit for the ranks of Captain and Lieutenant. Upon the formation of the new unit, the members in the ranks of Captain and Lieutenant shall be subject exclusively to the terms and conditions of the “Police Managerial Representation Unit” collective bargaining agreement. Upon the City Council’s adoption of the 2015-2019 “Police Managerial Representation Unit” collective bargaining agreement, the members in the ranks of Captain and Lieutenant shall not be entitled to avail themselves of the rights and privileges of the “Concord Police Association” MOU. Further, the parties agree that any and all “official” separation that creates the two (2) separ ate and distinct bargaining units shall be accomplished pursuant to the City’s Policy and Procedure numbered 37.34, paragraph 6 and the processes included therein to which the parties agree to adhere completely.
The adjustments to wages, hours, and condit ions of employment that are set forth in this Memorandum have been discussed in good faith between the parties hereto. The representatives of the Concord Police Managers’ Representation Unit and the Association acting on behalf of its members and all swor n employees in the rank of Police Lieutenant and Police Captain of the Police Managerial Representation Unit agree to acceptance of all of the adjustments as set forth herein, and the staff representatives of the City agree to recommend to the City Council that all the adjustments set forth herein be adopted in full by the City Council in the manner and procedure prescribed by law.
Memorandum of Understanding between the
City of Concord and Concord Police Association January 1, 2023 – June 30, 2026
2 10308567.1 CO286-023
Except as specifically provided for herein, it is agreed and understood that each party hereto voluntarily and unqualifiedly waives its right, and agrees that the other shall not be required to meet and confer with respect to any subject or matter covered herein, or with respect to any other matters within the scope of representation unless the parties mutually agree during the period of the term of this MOU; provided , however, that if the City desires to change a subject within the scope of representation which is not specified in this MOU, it shall provide notice to the Association, and shall meet and confer with the Association over the proposal if the Association so requests within ten (10) calendar days of receipt of notice.
The section headings in this MOU are for convenience only and are not to be construed as modifying or governing the language in the section referred to.
2. Alcoholic Beverages and Illegal or Controlled Substances
2.1 No member of the Unit shall consume, purchase, or transport for personal use any alcoholic beverage or illegal/controlled substance during any portion of the paid duty time unless directed t o do so by a supervisor as part of necessary performance of duties. This includes all breaks, lunch breaks, contract work and overtime hours worked.
2.2 No member of the Unit shall report for duty under impairment as a result of alcohol and/or drug use.
3. Dues Deduction
Upon written notice from the Association that dues deduction has been authorized by the employee, membership dues will be automatically deducted from an employee’s pay and forwarded by the City to the Association. Dues deduction begin the beginning of the pay period following the City’s receipt of notice from the Association. For an employee on an unpaid leave of absence or whose net pay is less than the Association dues deduction, the Association is responsible for collecting dues payments directly from the member.
4. Representation By Employees
4.1 For the purpose of meeting and conferring in good faith regarding wages, hours, and working conditions with a Certified Employee Organization, the City will provide time off with pay to no mo re than three (3) City employee members during their normal work hours. Meetings held outside of the employee’s normal work hours shall be on the employee’s own time.
4.2 For purposes of discipline or grievance or appeal meetings, the City will provide time off with pay for no more than the aggrieved employee plus one (1) other
Memorandum of Understanding between the
City of Concord and Concord Police Association January 1, 2023 – June 30, 2026
3 10308567.1 CO286-023
employee during the employees’ normal work hours. Meetings held outside of the employees’ normal work hours shall be on the employees’ own time.
4.3 Additional employees called b y either party may be present with pay during his/her normal work hours to serve as a resource person or as a witness for meetings described in ( 5.1) or ( 5.2) above the limited time required to cover the subject. Meetings held outside of that employee’s no rmal work hours shall be on the employee’s own time.
4.4 Electronic Mail. Association and Unit representatives may utilize the City’s electronic mail system solely to provide PMA members notification of the time, date and location of Board and membership meetings. When using the City’s electronic mail system for Association business, the Association and Unit members shall comply with Administrative Directive 162, Computer Systems & Related Technologies Usage Policy & Security Guidelines.
5. Bulletin Board
Any material to be posted by the Association and Unit members shall be posted on a designated bulletin board provided by the City.
6. Management Rights
The parties to this MOU agree that the City retains the exclusive right to manage its operations and workforce, except to the extent that such right may be limited by the terms of any collective bargaining agreement, including, but not limited to this MOU, and/or applicable laws, rules, regulations and ordinances. The Association recognizes that the City’s rights include, but are not limited to, the right to manage its business and various departments; direct, select, decrease and increase the workforce, including hiring, promotion, demotion, to determine the qualifications of employees, to transfer employee s within and between classifications, suspensions, discharge or layoff; the right to make all plans and decisions on all matters involving the business of the City, including, but not limited to the location of operations, the extent to which the facilitie s of any department thereof shall be operated, including any additions thereto; to maintain discipline and efficiency of employees; to schedule overtime and to run the City efficiently. The parties acknowledge that this provision shall not act, nor deeme d to be a waiver of any rights or privileges.
7. Non-Discrimination
The City and the Association and Unit members agree that there shall be no discrimination of any City employee or applicant for employment on any grounds prohibited by state or federal law . The City and Association agree that no employee shall be discriminated against because of Association membership or activity.
Memorandum of Understanding between the
City of Concord and Concord Police Association January 1, 2023 – June 30, 2026
4 10308567.1 CO286-023
8. Hours of Work
8.1 General
The City has established a 28 days 207(k) Fair Labor Standards Act work period for sworn safety employees covered under this unit.
The normal work schedule shall be four ten -hour work shifts per work week for weekdays, or three twelve and one half hour shifts per week for weekends. Shifts are generally intended to mirror the work groups they manage to reach 80 hours of work every two weeks. Those working the weekends shall work five additional hours during each two week pay period to reach the 80 hour total for two weeks.
Adjustments may be made to meet the needs of the Department as determined by the Chief of Police or his designee . Prior to modifying any established shift (4/10 or 3/12.5) the Chief shall notify the Association and, on request, meet and confer with representatives of the Association.
All paid leave shall count as hours worked for the p urpose of determining eligibility for MOU/Contract overtime.
8.2 Breaks
The City shall provide one 15-minute relief break within each 5-hour work period with no travel time permitted to go to some other site for the break. Relief break time may not be accumulated and, if not taken, shall be lost.
8.2.1 The Chief of Police shall administer such program which will provide Police Managers no greater benefit than indicated above.
8.3 Meal Period
Employees assigned to Patrol shall receive a 45-minute on-duty paid meal period subject to call.
8.4 Emergency Meal
8.4.1 The City will provide an emergency meal under emergency circumstances.
The meal may be provided as a meal at a pre -designated restaurant; as a box lunch or equivalent; or through reimbursement of up to $15.00 per allowed meal including tax and tips upon production of a valid receipt.
8.4.2 For purposes of this section, “emergency circumstances means an immediate response or holdover to a department authorized call outside of the employee’s regular work shift for three hours or greater duration when the responding employee has had no time or opportunity to prepare or provide a meal. Emergency circumstances do not include overtime court appearances, or previously scheduled worktime. Previously scheduled worktime is worktime scheduled with four or more hours of notice.
Memorandum of Understanding between the
City of Concord and Concord Police Association January 1, 2023 – June 30, 2026
5 10308567.1 CO286-023
8.4.3 If the emergency circumstances meal break is not taken in conjunction with the assigned emergency work period, the meal allowance and break time is forfeited and no reimbursement will be made.
8.5 Daylight Savings Time
On any weekend during which there is a change to or from Standard Time to Daylight Savings Time, the Chief of Police may adjust work schedules so that those assigned to work do actually work the regular numbe r of hours normally assigned to the shift.
The “time change hour” for Daylight Savings Time shall not be included in the definition of actual hours worked or be considered for pay purposes, and no employee assigned to a shift who works during the transiti on to or from Standard Time to Daylight Savings Time shall be paid any sum except for actual hours worked during said shift.
9. Organizational Changes
9.1 Participation
The parties agree that as senior management employees, members of the bargaining unit wi ll act as copartners with the City in effecting organizational change to optimize the provision of efficient and effective public services.
9.2 Management Responsibilities/Accountability
It is agreed that the Chief of Police and the Management Employees will work together cooperatively to define the mission and the role of managerial employees. All Police Managers will work in good faith to retain, improve and enhance accountability systems, management effectiveness programs and efficiency practices as determined by the City Manager and executed by the Chief of Police. All Police Managers will continue to support the City of Concord’s Mission, Vision, Values and Corporate Goals.
10. Economic/Budget Update
Quarterly economic/budget updates will be provided to employees.
11. Pay
11.1 Salary Adjustments
11.1.1 Effective the first full pay period of July 2023, the base salary for all bargaining unit classifications will be increased by 5%.
Memorandum of Understanding between the
City of Concord and Concord Police Association January 1, 2023 – June 30, 2026
6 10308567.1 CO286-023
11.1.2 Effective the first full pay period of July 202 4, the base sala ry for all bargaining unit classifications will be increased by 5%.
11.1.3 Effective the first full pay period of July 202 5, the base salary all bargaining unit classifications will be increased by 4%.
11.2 Education Incentive Program
Effective as soon as is practical for the City but no later than the first full pay period in July 2023, members of this bargaining unit will no longer receive Police Management Professionalization Pay and Attachment C to this MOU is void.
Effective the same pay period in which Police Management Professionalization Pay is eliminated, the City shall compensate members with eligible Master’s Degrees as follows:
Lieutenants 7.5% of base salary rate
Captains 5.0% of base salary rate
The approved fields of study for such degrees is to be broadly interpreted to provide for the professional growth of the member. However, to be eligible for education incentive pay, the degree must enhance the member’s ability to do their job, as determined and approved by the Chief of Police and Director of Human Resources. All members previously receiving compensation for a degree approved under the Police Management Professionalization Pay shall not have that degree disallowed by this section. Once a degree has been approved for compensation under this section or the corresponding POA section, it cannot be retroactively denied.
Education incentive pay shall be effective the first full pay period after the employee has provided the Chief of Police or designee satisfactory proof that the appropriate degree has been obtained.
The parties agree that to the extent permitted by law, the City will report this pay to CalPERS as special compensation under 2 CCR 571(a)(2) and 2 CCR 571.1(b)(4).
11.3 Anniversary Date of Step Increases
The ef fective anniversary dates for the purpose of step increase for an eligible employee shall be established as follows:
11.3.1 All Managers must receive a performance rating of satisfactory or above to be eligible for consideration for advancement to Step 2, which shall occur 26 bi-weekly pay periods following the date of promotion; as adjusted to the beginning date of the closest pay period at that time.
Memorandum of Understanding between the
City of Concord and Concord Police Association January 1, 2023 – June 30, 2026
7 10308567.1 CO286-023
11.3.2 If employed at other than Step 1 in the salary range for the class, then all Managers must receive a performance rating of satisfactory or above to be eligible for consideration for adjustment advancement to the next salary step, which will take place 26 bi -weekly pay periods following the date of promotion, with the adjustment to the beginning of th e closest pay period at that time.
11.3.3 Consideration for all subsequent step increases shall be after receipt of a performance evaluation of satisfactory or above and then shall occur 26 bi-weekly pay periods thereafter for each such step adjustment.
11.4 Overpayment – Grace Period
11.4.1 Following notice by certified mail, addressed to the overpaid employee at the last known address shown on the City’s records, the overpaid employee shall have fifteen (15) days in which to submit in writing to Payroll, a request for a grace period of no more than the number of pay periods in which the overpayment occurred, and with payments that are no less than $200 per pay period . The notice required to be given by the overpaid employee must be acknowledged by the Finance Department in writing to be effective. The City may require the employee to sign a promissory note that guarantees repayment. No grace period shall be allowed for an overpayment of $500.00, or less.
11.4.2 If no such written request as set forth above for a grace period is made, the overpaid monies shall be deducted in such manner as the City of Concord deems best.
11.4.3 If a promissory note has not been executed, upon termination of employment by resignation or otherwise of any overpaid employ ee, any remaining balance due and owing to the City shall be deducted from the employee’s last paycheck, including any “cash -out” of leave balances. If the employee does not have enough money or leave balances in the employee’s final paycheck to cover the amount that is still due and owing, the employee shall be obligated to execute a promissory note to establish the method and manner of repayment of the remaining monies.
12. Pay Premium
12.1 Compensatory Time
The maximum compensatory time accrual shall be 170 hours. Any overtime earned which would cause the accrued compensatory time to exceed the maximum shall be paid in cash at the appropriate overtime rate. Any employee may request payment of up to eighty (80) hours of compensatory time accrued in accordance with the following provisions:
Memorandum of Understanding between the
City of Concord and Concord Police Association January 1, 2023 – June 30, 2026
8 10308567.1 CO286-023
12.1.1 During the periods of April 1 through April 15 and October 1 through October 15, each year, a Unit member may elect to receive cash for up to eighty (80) hours’ worth of compensatory time accrued in each cash o ut period.
12.1.2 Payment of the cash in lieu of compensatory time off shall be made not later than the last payday of the next month following the date the officer elected to receive such cash payment.
12.1.3 Absent a declared emergency, requests for us e of accumulated compensatory time off shall be honored when such requests are submitted with seven (7) calendar days advanced notice.
12.2 Court Appearances
12.2.1 The City shall compensate Managers for court appearances. The compensation shall be at st raight time for court appearances during regularly assigned duty time. If the combined regular duty hours, approved paid leave, and court appearance time exceed forty (40) hours during a work week, or exceed eighty (80) hours during a pay period for those on variable work week, the court appearance time shall be at an overtime rate of one and one -half times the Manager’s straight time hourly rate of pay.
The application of this provision shall include the following:
12.2.1.1 Within the Manager’s normal wor k week, any court appearance that occurs after a Manager’s regular shift shall be compensated at the Manager’s overtime rate for a
minimum of three (3) hours.
12.2.1.2 Within the Manager’s normal “weekend” of any court appearance that occurs after complet ion of the last shift of the Manager’s normal work week and two (2) hours or
more before the starting time of the first shift of the Manager’s normal work week shall be compensation at the Manager’s overtime rate for a minimum of four (4) hours.
No minimum straight time guarantee shall apply if the
interval is less than two (2) hours before the first shift of the Manager’s normal work week; such court appearances
shall be compensated for the actual time involved at the Manager’s overtime rate.
12.2.1.2.1 If the court appearance which is
scheduled for any of the Manager’s “weekend” days
off is canceled with six (6) hours or less notice
provided to the Manager, the Manager shall be
compensated for a minimum of three (3) hours
Memorandum of Understanding between the
City of Concord and Concord Police Association January 1, 2023 – June 30, 2026
9 10308567.1 CO286-023
overtime at the Manager’s overti me rate. Personal
or telephone contact with any person at the
Manager’s residence, including leaving a message
on the Manager’s telephone answering machine, is
considered adequate notice.
12.2.1.3 If any court appearance extends beyond the minimum number of hours guaranteed for that court appearance, the Manager’s compensation shall continue at the Manager’s
overtime rate continuously until released from the court appearance.
12.2.1.4 Court appearances do not overlay. For court appearances that occur during the Manager’s off-duty time, the Manager shall have the benefit of the following:
Memorandum of Understanding between the
City of Concord and Concord Police Association January 1, 2023 – June 30, 2026
10 10308567.1 CO286-023
12.2.1.4.1 If a second court appearance is scheduled at least two (2) hours after the beginning of a
first court appearance and less than three (3)
hours after the be ginning of a first court
appearance, the Manager shall be entitled to
a minimum of three (3) hours at the
Manager’s overtime rate for the first court
appearance and a minimum of one (1) hour
at the Manager’s overtime rate for the
second court appearance.
12.2.1.4.2 For court appearances on a Manager’s
normal “weekend” off, if a second court
appearance is scheduled at least three (3)
hours after the beginning of a first court
appearance, and less than four (4) hours
after the beginning of a first court
appearance, the Manager shall be entitled to
a minimum of four (4) hours at the
Manager’s overtime rate for the first court
appearance and a minimum of two (2) hours
at the Manager’s overtime rate for the
second court appearance.
12.2.1.5 For purposes of this provision relating to court appearances, pre -trial conferences approved by attorneys shall be considered court appearances.
12.2.1.6 When a Manager is on sick leave or job injury leave for two or more consecutive working days (excluding
“weekends”) then, commencing with the second day, court appearances that occur while the Manager is on sick leave or job injury leave shall be considered regular duty time and no premium guarantee shall apply under this provision.
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13. Holidays
13.1 The following holidays shall be observed:
New Year’s Day January 1
Martin Luther King, Jr. Day The Third Monday in January Lincoln’s Birthday February 12
President’s Day The Third Monday in February
(Washington’s Birthday)
Memorial Day The Last Monday in May
Independence Day July 4
Labor Day The First Monday in September
Veteran’s Day November 11
Thanksgiving Day The Fourth Thursday in November
The Day Following Thanksgiving
Christmas Eve December 24
Christmas Day December 25
and every other day appointed by the Mayor for a public fast, thanksgiving, or holiday.
Except as described in Section 14.4 below, all holidays falling on a Saturday will be observed on the preceding Friday, and holidays falling on a Sunday will be observed on the following Monday.
13.2 In addition, three (3) hours of compensatory time off (“CTO”) shall be provided to employees in the first pay period in March. If the employee’s CTO balance is at the maximum allowed, then the employee shall be paid the three (3) hours of compensatory time in the first pay period in March.
13.3 Employees in pay status on the day the holiday is observed (except as described in Section 14.5 below) shall receive a holiday pay equal to the straight time daily equivalent of ten (10) hours pay.
13.4 Employees assigned to Patrol and any others designated by the Chief of Police will work all holidays which fall on their normal work schedule. For purposes of this section, holidays are the actual date of the recognized holiday and not the day these holidays are observed by the City.
13.5 All hours worked on holidays shall be paid at the rate of one and one -half the employee’s regular rate of pay. In addition, employees who work holidays will receive ten (10) hours of holiday pay. However, for the following six (6) holidays the employee may elect compensatory time credit in lieu of the ten (10) hours of holiday pay. In such event, the election shall be made by the employee before time cards are submitted to the Finance Department for the pay period during which the holiday occurred. The six (6) holidays for which this option applies are:
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Lincoln’s Birthday
Martin Luther King, Jr. Birthday
President’s Day (Washington’s Birthday)
Memorial Day
Veteran’s Day
The Day Following Thanksgiving
14. Vacation
In accordance with Policy & Procedure No. 37.17, VACATION.
14.1 The accrual of vacation for unit members shall be at the rates indicated below.
The appropriate accrual for vacation shall be credited at the end of each full bi - weekly pay period during which such employe e received 56 hours straight time pay. No vacation credit shall accrue to an eligible employee who receives less than 56 hours straight time pay for the bi -weekly pay period. Such straight time pay may consist of pay for regular hours worked or pay for app roved vacation, sick leave, or compensatory time off.
14.2 The accrual rate of vacation shall be as follows for each pay period where the employee is eligible for vacation accrual:
During the 1st year: 4.615 hrs. vac. accrued each full pay period worked.
During the 2nd year: 5.231 hrs. vac. accrued each full pay period worked.
During the 3-7th year: 6.154 hrs. vac. accrued each full pay period worked.
During the 8-9th year: 6.462 hrs. vac. accrued each full pay period worked.
During the 10-12th year: 6.769 hrs. vac. accrued each full pay period worked.
During the l3th-l4th year: 7.385 hrs. vac. accrued each full pay period worked.
During the l5th-l9th year: 8.000 hrs. vac. accrued each full pay period worked.
During the 20th-25th year: 8.308 hrs. vac. accrued each full pay period worked.
During the 26th year and
thereafter: 8.654 hrs. vac. accrued each full pay period worked.
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14.3 Upon the effective date of the implementation of the above vacation provisions, the entitlement of an Anniversary Date as a day off shall be discontinued.
14.4 Change in vacation accrual rates shall be effective at the beginning of the pay period that coincides with or follows the completion of the qualifying years of employment.
14.5 Vacation Usage
14.5.1 When possible, vacation should be taken within the year following the accrual year and must be requested in advance.
14.5.2 All scheduling of vacations is to be approved by the Chief of Police (or such person’s designated representative) givin g due consideration to the wishes of the employee and the work requirements of the City.
14.5.3 Vacation may not be taken beyond that amount accrued. The authorization by the Chief of Police for vacation does not constitute authorization of paid vacatio n beyond the balance on hand at the time such vacation is taken. Exceptions may only be made upon the recommendation of the Chief of Police and Human Resources and the approval of the City Manager.
14.5.4 Employees shall not be charged vacation usage for paid holidays occurring during the vacation period. For all employees, including those on a variable workweek, the holiday is equal to ten hours.
14.5.5 Vacation may be used for any authorized absence (except disciplinary suspension) when no other paid leave resource is available.
14.6 Accrual Rate Upon Re-employment, Reinstatement or Rehire An employee shall retain the same vacation accrual rate in existence at the time of termination upon appointment from a Re -employment List; reinstatement into the Competitive Service or rehire within one year of termination. When a rehire is more than one year from the date of termination, the vacation accrual rate shall be the same as applied to a new employee.
14.7 Cash Payment in Lieu of Vacation Time Off
For the purposes of reducing excess vacation accrual, employees may elect to receive compensation (“cash -out”), annually, for a maximum of 40 hours of accrued vacation each year, so long as eighty (80) hours of accrued vacation remain for the benefit of the employee after the cash -out is taken. This election must be made in writing no later than December 31 of the calendar year prior to
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when the cash -out is scheduled to occur. By way of illustration, employees seeking a cash -out in calendar year 2016 must submit their cash -out election by December 31, 2015. This compensation shall occur on the first full pay period in August following submission of the irrevocable election form (See Attachment D). No exceptions will be made to this policy. If the non -revocable election is not made by December 31, there will be no other opportunity to cash -out vacation accruals until/unless the non -revocable election is made by the employee on or before December 31 of the following year.
14.8 Vacation Pay Upon Termination
The equivalent cash value of the unused vacation balance as of the last workday shall be included on the employee’s final paycheck; except that in cases of retirement from City service, the City Manager may approve the utilization of Available vacation tim e to extend the date of retirement per Administrative Policy-Vacation 37.17. Currently usage is limited to 80 hours . Vacation is paid at the base hourly rate of pay.
14.9 Upon Death
Upon the death of an employee, payment of any unused vacation balance s hall be made to that person designated by the employee on the Designation of Person to Receive Warrants or Checks Upon Death of Employee (Form No. PER 57) or to the employee’s estate.
15. Administrative Leave
Employees shall be entitled to administrative leav e as provided in City Policy & Procedure 37.15, ADMINISTRATIVE LEAVE, and shall additionally be provided up to thirty (30) hours of administrative leave on an hour -for-hour basis for emergency overtime with the approval of the Police Chief. Such additional leave may only be taken as time off.
16. Employment, Advancement, & Retention
16.1 Probationary Period
Employees who successfully completed their probationary period and who resign and are subsequently reinstated from a reinstatement list shall have a six (6) month probationary period. Newly appointed probationary employees who are on a leave status in excess of three (3) months shall commence a new probationary period upon return to work.
16.2 Demotions
An employee in any classification covered in this M OU may be demoted to the next subordinate classification (a) upon the employee’s request, (b) as a result of a reduction in force (c) for disciplinary reasons, or (d) for other cause. In all cases the Chief of Police shall approve the demotion and notify t he employee in writing of the action. Upon demotion, the employee will assume permanent status in the
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next subordinate classification and lose permanent status in the classification from which the employee was demoted. The pay shall be determined as follows:
16.2.1 Non-disciplinary Demotion. The employee shall be placed on the salary step in the next subordinate pay range that the employee would have achieved had the employee not been promoted to the classification held at the time of the demotion. The employee’s previous anniversary date shall be retained.
16.2.2 Disciplinary Demotion. In the event of a disciplinary demotion, which is subject to the disciplinary appeal procedure, the employee shall be placed on the salary step in the next subordinate pa y range which is at least one step less than the dollar amount received in the pay range held at the time of the demotion . The employee’s original anniversary date in the lower rank shall be reinstated.
16.3 Status While on Authorized Leave of Absence Without Pay Authorized leaves of absence without pay shall not cause a break in service , and rights accrued at the time the leave is granted shall be retained by the employee.
However, vacation credits, sick leave credits, holidays, health benefits, and retirement benefits, increases in salary, and other similar benefits shall not accrue to a person granted such leave during the period of absence , unless required by law. An employee returning after an authorized leave of absence without pay shall retain the same status and shall be placed at the same salary step in the pay range currently in effect for the class as the employee received when the leave commenced. Time spent on such leave without pay shall not count toward service for increases within the pay ra nge, and the employee’s salary anniversary date shall be set forward a period of time equal to the employee’s total absence as adjusted to the beginning of the closest pay period.
16.4 Status of an Employee Upon Resignation or Retirement Employees who res ign or retire give up permanent status and employment rights with the City, except as otherwise provided by the Personnel Rules, the Personnel Ordinance or other Policy & Procedures or Administrative Directives or other provisions of this MOU or relevant s tate or federal laws dealing with personnel matters. Employees who resign are expected to provide reasonable notice (usually two weeks) of their intent to resign and must be physically present and actively at workup through their date of termination.
17. Leaves of Absence with Pay
17.1 Use of Sick Leave
17.1.1 An eligible employee may use accrued sick leave for the following:
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17.1.1.1 In the case of a bona fide illness of the employee.
17.1.1.2 In the event of the serious illness of a member of the employee’s immediate family, or the death of a parent -in- law, or grandparents of spouse or employee.
17.1.1.3 In the event of a death of a member of the employee’s immediate family which is defined as the employee’s
spouse, parent, parent -in-law, brother, sister, child
(including legally adopted child), grandparent, grandparent- in-law, or any or either of them; and if living within the employee’s home, grandchild.
17.1.1.4 In the event a scheduled medical or dental appointment for the eligible employee, t he employee’s spouse, or the
employee’s dependent children that requires the
employee’s absence from work.
17.1.1.5 For any other reason as permitted by law.
17.1.2 Limitations
17.1.2.1 Sick leave shall not be used in lieu of or in addition to vacation.
17.1.2.2 If an employee is on sick leave on the day the City observes a holiday, that day shall not be counted as a day of sick leave.
17.1.2.3 If an employee’s request for use of sick leave would otherwise be approved, but there is no sick leave b alance available for use, then the absence shall be charged to whatever vacation or compensatory time balance the
employee may have. If there are no such balances
available, then the time off shall be recorded as authorized leave of absence without pay.
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17.1.2.5 If the employee’s request for use of sick leave does not qualify under these provisions for sick leave, then the absence may be charged by the employee’s supervisor or
the appointing authority to whatever vacation or
compensatory time balance the employee may have. If
there are no such balances available, then the time off may be recorded as either “Authorized Leave of Absence
Without Pay” or “Unauthorized Leave of Absence Without
Pay.”
17.1.2.6 Misuse of sick leave may be cause for disciplinary action, including possible discharge.
17.1.2.7 Lack of proper notification or lack of evidence of illness or injury may be cause for denial of the use of sick leave.
17.1.2.8 When an employee has been absent for three or more consecutive days, the empl oyee’s supervisor, appointing authority, or the Human Resources Director may require
the employee to provide a physician’s certificate, or other similar evidence, to support the need for an absence for which sick leave was requested.
17.1.2.9 The employe e’s supervisor, appointing authority, or the Human Resources Director may require an employee, who
is absent from work for a period of seven (7) consecutive calendar days due to illness or accident, to submit to a physical examination at City expense befor e return to active duty.
17.1.3 Proper Notification
Employees shall provide, or make a diligent reasonable effort to provide, notice of absence to the immediate supervisor or the supervisor’s office (or to such person clearly designated by the immedia te supervisor) within one hour preceding the employee’s work shift on the initial workday for which sick leave is being requested. The Chief of Police may, however, establish an earlier notification time that is to be observed by the employee.
17.2 Disciplinary Administrative Leave
An employee placed on administrative leave shall remain in pay status and shall be eligible for all benefit accruals as though actively at work. During a period of administrative leave, an employee shall remain in an on -call st atus during the regular work hours and be ready, able and available for work.
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17.3 Jury Duty
The City shall provide Jury Duty leave with pay for those employees called or selected to serve for Court Jury Duty subject to the following:
17.3.1 An employee called for Jury Duty shall immediately notify the Chief of Police through the immediate supervisor by providing the Jury Summons indicating the date, time, and place or for a summons for call -in jury service.
17.3.2 An employee serving on Jury Duty may r emain in a regular pay status and turn over to the City Jury Duty fees received (other than Court paid mileage allowance), or an employee may take vacation leave, compensatory leave, or leave without pay and retain all Jury Duty fees and allowances. Jury s ervice performed on days where the employee would not have been regularly scheduled to work, are not compensated by the City.
17.3.3 Employees remaining in regular pay status shall immediately pay to the City’s Finance Department, through their departmen t head, such amounts as received for Jury Duty fees.
17.3.4 An employee called for Jury Duty shall report for work each day before Jury Duty begins if there is a reasonable amount of time. On workdays when Jury Duty is completed early, the employee shall return to the job and work the remainder of the normal shift if there is a reasonable amount of time.
18. Authorized Leave of Absence without Pay
18.1 Personal Leave
18.1.1 An employee shall not be entitled to a leave of absence as a matter of right, but upo n request may be granted a leave of absence without pay upon good and sufficient reason. The granting or denial of such leave shall not be subject to the grievance or complaint procedure.
18.1.2 Authorization for Personal Leave of Absence without Pay . An employee’s request for leave of absence without pay may be granted by the Chief of Police for a period of up to five (5) working days. Upon recommendation of the Chief of Police and the Human Resources Department, requests for leaves of absence without pa y for periods greater than five (5) days, but for no more than one (1) year, may be granted by the City Manager. The denial by the City Manager of an unpaid leave of absence request may be appealed to the Personnel Board.
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18.1.3 Early Return from Authoriz ed Leave of Absence without Pay . An employee may request permission from the appointing authority to return from an authorized leave of absence prior to the expiration of such leave.
Such a request may be granted at the discretion of the Chief of Police.
18.1.4 Failure to Return from Authorized Leave of Absence without Pay .
Failure of an employee to return to employment upon the termination of any authorized leave of absence without pay shall constitute a separation from service of that employee, unless s uch leave is extended by the appropriate authority as specified above.
18.2 Authorized Leave of Absence without Pay for Military Duty
18.1.1 The Uniformed Services Employment and Reemployment Rights Act of 1994, 38 U.S.C. §4301, et seq. and the California Military and Veteran’s Code, §389, et seq., describe the benefits and protections of employees serving in the military.
18.1.2 Notwithstanding any provisions of the federal or state laws which might provide a lesser leave, reemployment, and/or reinstatem ent right, an employee shall be granted a leave of absence without pay for an indefinite period of time when the employee is called into active military service . A leave of absence without pay may be granted by the Chief of Police with the approval of the Human Resources Department for an employee who volunteers or enlists for active military service. Leave of absence without pay shall be automatically terminated for those who voluntarily extend or accept extension of their military service period.
18.3 Family Care Leave
Family care leave shall be as mandated by state and federal law, provided that the specific family care leave provisions of this MOU shall not be reduced during the term of this Memorandum of Understanding.
18.4 Catastrophic Leave
A voluntary employee leave donation program has been established as provided in the City’s Catastrophic Leave Policy and Procedure.
19. Discipline
19.1 Rules of Conduct
Disciplinary measures may be taken for any good and sufficient cause. Cause for disciplinary action shall include:
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19.1.1 Fraud in securing appointment or falsification concerning records, fellow employees, or work performed.
19.1.2 Incompetency or inefficiency.
19.1.3 Inexcusable neglect of duty.
19.1.4 Insubordination.
19.1.5 Willful disobedience.
19.1.6 Endangering self or others; or failure to follow adopted safety practices, or failure to properly use required personal protective gear or equipment.
19.1.7 Use, purchase, transport, or sale of illegal drugs. This does not include the purchase, transportation, or sale of illegal or controlled drugs as part of necessary performance of duties.
19.1.8 Unless directed to do so by a superior as part of necessary performance of duties, (a) consuming any alcoholic beverage during any portion of duty time (including coffee breaks, paid or unpaid lunch, contract work and overtime hours worked), or (b) purchasing or transporting for personal use any alcoholic beverage during any portion of paid duty time.
19.1.9 Reporting for or performing du ty under impairment as a result of alcohol and/or drug abuse.
19.1.10 Dishonesty or immorality.
19.1.11 Conviction by any state or by the Federal Government for a crime, the punishment for which could have been imprisonment in a federal penitentiary or a state prison; or conviction of any crime involving moral turpitude.
19.1.12 Unauthorized absence without leave.
19.1.13 Discourteous or non -cooperative treatment of the public or other employees.
19.1.14 Misuse of or misappropriation of City property funds
19.1.15 Improper political activity as defined in Section 11311 of the Personnel Ordinance.
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19.1.16 Failure to abide by any condition of employment stipulated in the Personnel Ordinance Personnel Rules, any personnel Policy & Procedure, Admin istrative Directive or Memorandum of
Understanding used in the establishment and maintenance of the City’s personnel program; or by formal action of the Council or Board.
19.1.17 Failure to meet financial obligations to the extent that this leads to repeated attachment or garnishment of wages.
19.1.18 Acceptance of gifts or gratuities for favors or services performed during the course of City employment or due to City employment.
19.1.19 Any other acts or omissions which are incompatible with or unfavorable to the public service.
19.2 Extent of Disciplinary Actions
The extent of the disciplinary action taken shall be commensurate with the offense, provided that the prior employment history of the employee may also be considered pertinent. The discipl inary actions that may be taken are written reprimand, suspension without pay, reduction in step within range, demotion without consent, dismissal, or any appropriate combination of these.
19.2.1 Written Reprimand . When used as a disciplinary action a wr itten reprimand is an official notification to the employee that there is cause for dissatisfaction with the employee’s services and that further disciplinary measures may be taken if the cause is not corrected.
Written reprimands shall be given in the man ner and on forms prescribed or accepted by the Human Resources Department. Written reprimands shall be made a part of the employee’s official personnel record and may be considered as pertinent evidence or information in any hearing.
19.2.2 Suspension without pay shall be a temporary separation from City service not to exceed thirty (30) consecutive days.
19.2.3 Reduction in Step within range as a disciplinary measure is the withdrawal of step advancements granted for merit, efficiency, and length of se rvice. Reduction in pay shall become effective on the effective date of the disciplinary action. In such case, the employee will be considered for future step advancement in accord with section
7.5 unless a shorter period is designated in the Order of Disc iplinary Action.
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19.2.4 Demotion without consent as a disciplinary action shall be a reduction in classification to a classi fication having a lower maximum salary. Demotion without consent may be made to the classification having the lowest maximum sala ry in the classification series or a classification series comparable to that within which the employee’s position is located. The demotion may be to any designated step in the lower pay range which is at least one step lower than the dollar amount received in the pay range for the classification from which demoted.
The employee’s original anniversary date in the lower rank shall be reinstated. The demotion may be for a temporary period if so designated in the Order of Disciplinary Action.
19.2.5 Dismissal means the termination of an employee from the City service.
19.2.6 Warning Notice. A Warning Notice is an informal procedure used by a supervisor to caution an employee and is not an official disciplinary action. The warning notice may be issued verba lly or in writing. If the notice is presented in writing, the form titled “Employee Discussion Record” (Form PER 30) shall be used, and it shall be retained within the employee’s department and purged after one (1) year if the situation corrects itself. In using this procedure, a written warning is not to be forwarded to the Human Resources Department for filing in the employee’s official personnel file. Warning notices are not subject to either the grievance procedure or discipline appeal process; however, they may be considered as pertinent evidence or information in any hearing resulting from any subsequent official action taken.
19.3 Authority for Disciplinary Actions
The Chief of Police shall have authority to take disciplinary action, provided also that the Chief of Police shall delegate to subordinate supervisory employees the authority to make immediate suspensions in emergency situations. The duration of such suspensions may not be stipulated, however, except by the Chief of Police. The Human Resour ces Department shall be notified of any contemplated disciplinary action prior to the time it is taken, provided that in emergency situations or other instances when prior notification is not practicable, the Human Resources Department may be notified as s oon as possible subsequent to the time the action is taken.
19.4 In the conduct of any pre -disciplinary investigation or interrogation the employee shall be afforded the due process protections contained in Government Code Section 3300 et. seq.
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19.5 Notice to Employees
Before taking any of the disciplinary actions specified in above against any employee who has passed the applicable probationary period, the City shall cause to be served, personally or by certified mail, to the employee a “Notice of Inte nt to Take Disciplinary Action.” Such notice shall contain:
19.5.1 A statement describing the proposed disciplinary action.
19.5.2 A reference to the rule or standard violated.
19.5.3 A summary of the facts, including acts or omissions, which substantiate that the rule or standard was violated.
19.5.4 A statement that the employee may review and request copies of materials upon which the proposed disciplinary action is based.
19.5.5 A statement that the employee has a specified number of working d ays from the receipt of the notice to respond to the appointing authority, orally or in writing.
19.6 Employee Response
The employee upon whom such Notice of Intent to take Disciplinary Action has been served shall have at least five (5) working days from the receipt of the notice to respond to the City, either orally or in writing, before the proposed action is taken. Upon request of the employee, and for cause acceptable to the Chief of Police, the City may extend the period during which a response woul d be received. The City shall confirm such extension in writing. If the employee’s response is not received within the period specified in the original Notice of Intent, or within an authorized extension period, any subsequent right to respond shall be forfeited.
19.7 Order of Disciplinary Action
At the expiration of the response period, and after consideration of the employee’s response, if any, the Chief of Police shall determine if disciplinary action is warranted. If so, a written notice, including sp ecific charges as to offense and the time, place, and circumstances of such offense shall be made to the employee at the time when any disciplinary action is made effective, provided that in emergency situations or other instances when simultaneous notific ation is not practicable, written notification may be given the following normal City working day Said notice shall, whenever possible, be made in the form prescribed by the Human Resources Director and copies shall be submitted to the Human Resources Director for the employee’s official personnel record.
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19.8 Effective Date
Disciplinary action shall be effective as of the time designated by the Chief of Police, provided that no disciplinary action shall be recorded with an effective date which is prior t o the date such action is taken. In addition, except for suspensions under emergency situations, the effective date shall not be earlier than the date of the notice of Order of Disciplinary Action.
19.9 Right of Appeal
An employee who has received a disci plinary written reprimand, or who has been suspended, demoted, dismissed, or whose pay step is reduced in the pay range shall be entitled to request a hearing as set forth below.
19.10 Employee Representative
At any step in the discipline appeal procedure, the employee concerned will be represented by the Union or, alternatively, may elect self -representation or representation by legal counsel. In either case, the employee concerned shall be personally present at all stages unless that employee specifical ly waives the right in writing.
19.11 Appeal Procedure
The following procedure shall be used in the appeal process for disciplinary written reprimands, suspensions, reduction in step, demotion and dismissal.
19.11.1 Protest. Within seven (7) working days of the receipt of written notice of Order of Disciplinary Action, or in the case of a written reprimand, the date of the action, the disciplined employee may protest the action. Such protest shall be in writing and given to the Chief of Police with a copy sent to the Human Resources Director.
19.11.2 Hearing. The Human Resources Director, within seven (7) working days of the receipt of such an employee’s protest, shall initiate arrangements to hold a hearing between the Chief of Police, the employee, and the Human Resources Director.
19.11.3 Specification of Intent . The Chief of Police shall consider the disciplined employee’s protest presentation and any other pertinent information that may be forthcoming during the hearing. Within seven (7) working day s subsequent to such hearing the Chief of Police may revoke, modify, or affirm the initial disciplinary action and shall notify the employee, in writing, of the intended action, together with any further relevant information. A copy of the notice will be sent to the Human Resources Director.
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19.11.4 Appeal to Personnel Board or Arbitrator . If the matter has not been settled, the employee may, within seven (7) working days of the receipt of the appointing authority’s specification of intention, request in writing to the Human Resources Director that an investigation and decision of the matter be made by either, but not both, the Personnel Board or an arbitrator, subject, in cases submitted to arbitration, to the execution in writing of “An Agreement for Ar bitration” signed by the employee, the employee’s representative (if any), and the City Manager. In appeals of disciplinary written reprimands, the arbitration procedure, if elected, shall be an expedited procedure as described below.
19.11.5 Personnel B oard. In considering an employee appeal, the Personnel Board shall investigate and hear the appeal and shall make findings and a decision. The decision of the Personnel Board will have the effect of a judgment.
19.11.6 Arbitrator. The agreement for arbit ration will provide that the arbitration decision will have the effect of a judgment. Except as may be otherwise provided herein, the provisions of Title 9, commencing with Section 1280 of the Code of Civil Procedure dealing with arbitration will apply.
The arbitrator shall be selected from among a list of no more than ten (10) names provided by the California State Conciliation Service, the American Arbitration Association, or a similar body mutually agreed to between the parties. After a toss of a coin to decide which party shall move first, the representative of the City and the employee (or the employee’s representative) shall alternately strike one name from the list until one name remains and such person shall act as the arbitrator. The next to the last name stricken shall be the alternate arbitrator to serve in the event the first arbitrator is not available. This procedure shall be followed until there is an available arbitrator.
At any time during the term of this MOU, the parties may, as an alternative to use of AAA or CSCS, arrive at a list of names of arbitrators and a procedure for striking names.
The cost of retaining the arbitrator and the incidental expense of the hearing shall be borne equally by the parties.
19.11.6.1 Special Proced ures for Disciplinary Written Reprimands Expedited Arbitration.
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Hearings on appeal of disciplinary written reprimands shall occur within 30 days of the selection of the arbitrator.
Arbitrators selected for this expedited process shall have a minimum of five years of full time arbitration experience, including experience in expedited processes without written briefs. The arbitration process shall last a maximum of one calendar day. No briefs shall be filed or received, and the matter shall be the subject of oral argument only, at the conclusion of the day of hearing. The arbitrator shall
announce his or her decision from the bench, and/or may issue a written confirmation of the award within three days thereafter. The award shall succinctly state the issue , facts, rationale and conclusion.
19.11.7 Decision—Final and Binding. The decision of the Personnel Board or the arbitrator, whichever is selected, shall be made in writing within ten (10) working days of the close of the investigation and/or hearing; direct the appropriate appointing authority in the disposition of the case; and shall be final and binding upon both parties. The Personnel Board or the arbitrator, whichever is selected, shall be restricted to the interpretation and application of existing policies, rules, directives, or procedures and shall not change existing wage rate schedules or employee benefits.
19.11.7.1 Modification or Revocation . The Personnel Board or the arbitrator, whichever selected, may modify or revoke a
disciplinary action based on any of the following
guidelines:
19.11.7.1.1 There is no evidence to justify the
disciplinary action taken.
19.11.7.1.2 A violation or omission of procedure for
disciplinary action was made, which
violation or omission resulted in prejudice to
the employee.
19.11.7.1.3 The action taken resulted from political,
religious, or racial bias or prejudice.
19.11.7.1.4 The action taken was unreasonable,
capricious, or arbitrary in view of the
offense, the circumstances surrounding the
offense, and the past record of the employee.
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19.11.7.2 Reimbursement for Lost Pay . Reimbursement shall be made as directed by the Personnel Board or arbitrator,
whichever is selected, to an employee for loss of pay due to a disciplinary action which is subsequently revoked or
modified. Such reimbursement pertains to and is confined to the period of time between the date of initial action under Section 1 9.8 and ending with the date of final
decision.
19.11.7.3 Limitation. No reimbursement shall be made for any portion of the said period during which the employee was not ready, willing, and able to perform the duties of the position (excluding bona fide sick leave).
19.12 Waiver of Steps or Time Limits
Notwithstanding any provision in this section, any time limit or stage of procedure specified in this section may be waived upon consent of all parties involved.
19.13 No Interruption of Work
During the determination of a discipline appeal herein, there shall be no interruption of scheduled work relating to the disci pline appeal, except as necessary for the employee to meet with their representative. Nothing herein prevents the presentation of testimony, during duty time, for employee -witnesses per prior arrangement with the Department or through subpoena. Scheduling of such witnesses shall be in accordance with operational requirements.
19.14 Working Day.
As used in this section, a working day means a day on which the City’s general offices are open for business, i.e., Mondays through Fridays, exc luding holidays and other day treated as a holiday under Section 14.
20. Grievance Procedure
20.1 Definition
A grievance is any dispute which involves the interpretation or application of any provision of this MOU, or an alleged violation of any provision o f the Personnel Ordinance, personnel Rules, Policy and Procedure, Resolution of Council, or Administrative Directive dealing with personnel matters, excluding, however, those provisions of this MOU which specifically provide that the decision of any City official shall be final.
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20.2 Employee Representative
At any step in the grievance procedure, the employee concerned will be represented by the Association or, alternatively, may elect self -representation or representation by legal counsel. In either cas e, the employee concerned shall be personally present at all stages unless that employee specifically waives the right in writing.
20.3 Class Actions & Association Grievances
In the event more than one employee is directly involved with an issue, the employees may, at any step in the grievance procedure, name one of their members to carry the grievance through the procedure as a class action and be represented by the Association. In a class action grievance, that named employee directly concerned shall be personally present at all stages. The Association will have the sole discretion to advance any Class Action Grievance to the Fourth Step.
20.4 Parties’ Intent
It is the intent to deal with and settle grievances informally and at the nearest practical or ganizational level and as promptly and fairly as possible. Whenever feasible, grievances will be handled during the regularly scheduled working day hours of the parties involved.
20.5 Procedure
20.5.1 First Step . The employee or emplo yees concerned shall first make efforts to resolve such grievance with their immediate supervisor concerned. The grievance shall be submitted to the supervisor within thirty (30) calendar days following the occurrence of the events on which the grievance is based.
20.5.2 Second Step . If a mutually satisfactory solution of a grievance as specified in the paragraph above is not reached, then within seven (7) days of the discussion with the immediate supervisor, the employee or employees aggrieved may reduce the grievance to writing. The grievance shall set forth all of the issues involved; shall be dated and signed by the employee or employees; and shall be submitted to the Chief of Police. The Chief of Police or the person appointed by the Chief of Police to hear and determine the grievance at this step shall make such investigation of the facts and issues as is required and reach a conclusion at the earliest date consistent with the nature of the investigation and with normal conduct of the department’s busi ness.
Upon reaching such conclusion, but in any event within seven (7) working days of the receipt of the grievance statement, the Chief of Police or designee shall reply in writing stating the department’s view of the issue involved.
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20.5.3 Third Step . If the grievance has not been disposed of in the second step, the employee, within seven (7) working days after receiving the department’s written reply, shall forward the written grievance to the City Manager or the City Manager’s designated representati ve, who will review the facts and issues and make such further investigation as is necessary and will reach a conclusion at the earliest date consistent with the nature of the investigation and with normal conduct of the City’s business. Upon reaching such conclusion, but in any event within ten (10) working days of the receipt of the grievance statement, the City Manager or the City Manager’s designated representative shall reply in writing to the employee setting forth the City’s decision.
20.5.4 Fourth Step. Within seven (7) working days after receiving the City Manager’s written decision the employee may submit the grievance for consideration by either, but not both, the Personnel Board or an arbitrator, subject, in each grievance submitted to arbitrat ion, to the execution of “An Agreement for Arbitration” signed by the employee, the employee’s representative, if any, and the City Manager.
20.5.5 Personnel Board . In considering an employee grievance, the Personnel Board shall hear and investigate the grievance and shall make findings and a decision. The decision of the Personnel Board will have the effect of a judgment.
20.5.6 Arbitrator. The agreement for arbitration will provide that the arbitration decision will have the effect of a judgment. Exce pt as may be otherwise provided herein, provisions of Title 9, commencing with Section 1280 of the Code of Civil Procedure dealing with arbitration, will apply.
The arbitrator shall be selected from among a list of no more than ten (10) names provided by the California State Conciliation Service, the American Arbitration Association, or from a similar body mutually agreed to between the parties. After a toss of the coin to decide which party shall move first, the representative of the City and the emplo yee (or the employee’s representative) shall alternately strike one name from the list until one name remains, and such person shall act as the arbitrator. The next to the last name stricken shall be the alternate arbitrator to serve in the event the first arbitrator is not available. This procedure shall be followed until there is an available arbitrator.
The cost of retaining the arbitrator and the incidental expense of hearing shall be borne equally by the parties.
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20.5.7 Decision—Final and Binding. The decision of the Personnel Board or the arbitrator, whichever is selected, shall be made in writing within ten (10) working days of the close of the investigation and/or hearing; shall direct the appropriate appointing authority in the disposition of the case; and shall be final and binding upon both parties. In each grievance matter, the Personnel Board and the arbitrator shall be restricted to the interpretation and application of existing policies, rules, directives, or procedures and shall not change existing wage rate schedules or employee benefits.
20.6 Waiver of Steps or Time Limits
Notwithstanding any provision in this section, any time limit or stage of procedure specified in this section may be waived upon consent of all parties involved.
20.7 No Interruption of Work
During the determination of a grievance herein, there shall be no interruption of scheduled work relating to the grievance, except as provided for in Section 20.3.
20.8 Working Day
As used in this section, a working day means a day on which the City’s general offices are open for business, i.e., Mondays through Fridays, excluding holidays and other day treated as a holiday under Section 14.
21. Safety and Health
21.1 Safety
21.1.1 Safety Committee . There shall be a City Employee Safety Committee. Committee members shall designate a chairperson and vice chairperson, one of whom will regularly attend the meetings of the Executive Safety Committee. In order to facilitate the committee’s work, its members or alternates will be provide d reasonable time to meet without causing overtime compensation or interfering with the needs of the City. The City will notify the Association of Safety Committee vacancies and the Association may make committee appointments after consulting with, and con sidering the concerns of, the employees’ Department Head. The Association shall be entitled to appoint up to two committee members and one alternate for each representation unit. If the Association elects not to make an appointment, the City Manager may.
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21.2 Safety Glasses Program
The safety glass frame allowance is sixty dollars ($60.00). All other terms and conditions are to remain the same.
21.3 Inoculations
Employees in the Unit will be included in any voluntary preventative flu or hepatitis inoculation program which the City may conduct at its discretion.
21.4 Wellness Program
The City shall maintain a Wellness Program for all City of Concord employees.
21.5 Fit for Duty
21.5.1 The City require s that all employees be capable of performin g the essential functions with or without reasonable accommodation of his/her the assigned position . The City may require employees to be subject to medical examinations which shall be arranged by and conducted at the City’s expense to determine fitness for duty.
21.5.2 No employee shall hold any position in a class for which the employee is unable to perform fully the essential duties of such position without hazard to either the employee or others. Within the limitations indicated, and consistent with t he provisions of existing Personnel Rules, the City will engage in the interactive process to determine if workplace restrictions can be reasonable accommodated within the employees current position or in another available position for which the employee is qualified.
21.6 Stress Management
The parties agree on the importance of continuing to provide stress management awareness and training opportunities.
22. Benefit Plans
22.1 Group Medical Coverage
22.1.1 Active Employees
22.1.1.1 The City shall con tinue to contract with CalPERS for medical insurance plans for unit employees through the
term of this Agreement.
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22.1.1.2 The City shall pay 90% of the Kaiser premium at each rate of coverage (Single Party, Two-Party, Family):
Single Party $671.82
Two-Party $1,343.65
Family $1,746.74
22.1.1.3 Beginning with Plan Year 2017, the parties agree to share seventy-five percent (75%) City and twenty -five percent (25%) employee any future increases (or decreases) in the Kaiser Premium.
The City contribut ion towards medical premiums shall be calculated as follows: 90% of 2016 Kaiser premium +
(current Kaiser Premium – 2016 Kaiser premium*(.75))
60 days prior to the effective date of the new Kaiser
premium rates, as announced by CalPERS, the parties will meet to calculate the City and employee contributions.
22.1.2 Flexible Spending Account (IRC Section 125):
The City provides a salary reduction program which allows employees to make pre -tax contributions for dependent care and health benefit premiums in accordance with Internal Revenue Service (IRS) codes 125/129.
22.1.2.2 The City make s a direct contribution to CalPERS equal to the minimum employer contribution for employees
participating in the Public Employees Medical and Hospital Care Act (PEMHCA) on behalf of each active employee.
22.1.2.3 The City ’s total contribution on behalf of each active employee is an amount which, together with the minimum
PEMHCA contribution, equals the City contribution
calculated in Section 22.1.1. For 20 23, the PEMHCA
minimum is $151.
[HISTORICAL EXAMPLE: If the PEMHCA minimum
contribution is $ 136, and the City’s share of premium for Employee Only is $671.82, then the City will make a direct PEMHCA payment of $136 and make available $535.82 to
the employee under the premium conversion arrangement.]
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22.1.2.4 Employees with medical coverage from a source other than through their employment with the City may request that their medical coverage as employees of the City be
terminated; and shall, in lieu of that coverage be paid as follows:
For those qualified and hired by the City of Concord
before January 1, 2015, Medical in Lieu shall be $400
per month.
For those qualified and hired by the City on or after January 1, 2015, Medical in Lieu shall be $200 per
month.
Employees who opt out of the CalPERS medical plan and receive cash must provide the following: (1) proof that the employee and all individuals for whom the employee intends to claim a personal exemption deduction (“tax family”), have or will have minimum es sential coverage through another source (other than coverage in the individual market, whether or not obtained through Covered California) for the plan year to which the opt out arrangement applies (“opt out period”); and (2) the employee must sign an attestation that the employee and his/her tax family have or will have such minimum essential coverage for the opt out period. An employee must provide the attestation every plan year at open enrollment or within 30 days after the start of the plan year. The opt-out payment cannot be made and the City will not in fact make payment if the employer knows that the employee or tax family member doesn’t have such alternative coverage, or if the conditions in this paragraph are not otherwise satisfied. Employees an d known dependents who do not provide the annual information required will be enrolled in the lowest cost health plan.
22.1.2.5 Consistent with applicable laws and regulations, each worker may authorize salary deductions for any benefits permitted by law and provided for in the FSA plan
document. Those benefits will include:
a. Health insurance in accordance with PERS
regulations and Federal law;
b. Child care expenses not otherwise reimbursed by
the City;
c. Any qualified personal medical, dental and vision
care expenses not covered by the City’s plans,
including but not limited to deductibles, co -
payments, medication and medical equipment;
d. Commuter Benefits
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22.1.3 Retiree Medical Insurance
Current employees hired prior to 8/2/2016 and who meet the requirements set forth in this section shall be vested per the following vesting schedule up to the flat dollar contribution rates set forth in the charge below, determined by the level of coverage selected (Single Party, Two-Party, and Family) plan type:
22.1.3.1 Vesting Schedule:
0 – 9 years of City of Concord service – PEMHCA minimum 10 – 14 years of City of Concord service – Two-Party
15+ years of City of Concord service – Family
By the term “vested”, the parties hereby expressly demonstrate their intent to m emorialize the obligation of the City to provide the retiree medical insurance benefit described in section 22.1.3 .3 to eligible future retirees (those hired prior to August 2, 2016) who retire directly from the City of Concord . Eligible retirees may elect to participate in or drop out of retiree medical coverage during any Open Enrollment period; however the employer contribution only applies for the period(s) of time that the eligible retiree is participating in retiree medical coverage through the City. The City’s obligation described herein will not cease upon expiration, termination, or modification of this agreement.
21.1.3.2 Exception for Current Employees who become disabled and retire from the City of Concord and CalPERS:
Current employees (those h ired prior to the date of this agreement) who become disabled during the course of their employment shall not be subject to the vesting schedule for retiree medical benefits.
21.1.3.3 Plan Types:
Basic Plan (Pre-Medicare)
Supplemental Medicare Plan (Retiree and dependent(s) are Medicare eligible)
Combination Plan (when at least one covered party – retiree or dependent are Medicare eligible but at least one of the other covered individuals is not Medicare eligible)
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Plan Type – Basic Plan (Pre-Medicare)
Level of Coverage City Monthly
Contribution
Single Party Only $671.82
Two-Party $1,343.65
Family $1,746.74
Plan Type – Supplemental Medicare Plan Type (Retiree and dependent(s) are all Medicare eligible)
Level of Coverage City Monthly
Contribution
Medicare Retiree Only $287.52
Medicare Retiree+1 Medicare Dependent $575.04
Medicare Retiree+2 or more Medicare Dependents $862.56
Plan Type – Combination Plan Type Option 1 (Retiree is Medicare eligible, but dependent(s) are not)
Level of Coverage City Monthly
Contribution
Medicare Retiree+1 Basic Dependent $937.30
Medicare Retiree+2 or more Basic Dependents $1,321.01
Medicare Retiree+1 Medicare Dependent+1 or more Basic Dependent(s) $974.16
Plan Type – Combination Plan Type Option 2 (Retiree is not Medicare eligible, but one or more dependent(s) are)
Level of Coverage City Monthly
Contribution
Basic Retiree+1 Medicare Dependent $937.30
Basic Retiree+2 or more Medicare Dependents $1,235.10
Basic Retiree+1 Basic Dependent+1 or more Medicare Dependent(s)
$1,321.01
22.1.3.4 Retiree contributions will vary based on future changes to health premiums and health plan selected. However, the City contribution shall be fixed at the levels listed above.
In the event that the retiree selects a med ical plan with a premium less than the City’s fixed contribution, the City
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shall pay the lesser amount.
22.1.3.5 Employees hired on or after 8/2/2016 and employees hired before 8/2/2016 but who work fewer than ten (10)
continuous years for the City of C oncord shall have no vested right to retiree medical benefits and shall only be entitled to the minimum contribution rate provided by law.
However, any employee who retired directly from City of Concord and was eligible for the retirement medical benefit prior to 8/2/2016, but subsequently returns to employment with Concord shall retain his/her eligibility for retirement health benefits pursuant to section 22.1.3. In addition, any employee who has received a conditional offer of
employment with the City p rior to the effective date of this agreement shall be treated as an active employee on the effective date for purposes of section 22.1.3.
22.1.3.6 The contiguous City service requirement in Section 22.1.3.5 applies only to the initial qualification for retiree medical benefits under Section 22.1.3. Employees hired before
8/2/2016 who serve ten (10) or more years and retire
directly from the City may aggregate prior service in
calculating City contribution levels in Section 22.1.3.1.
Example 1. Employee 1 is initially employed by the City in 1995, works for the City for ten (10) years and then leaves. This employee is rehired by the City on August 30, 2016 and elects to retire from the City in December 2018. Although Employee 1 has twelve (12) years of total City service, Employee 1 is only eligible to receive the PEMHCA minimum contribution because their employment with the City immediately preceding retirement began after 8/2/2016.
Example 2. Employee 2 is initially hired by the City in 1990 and works for twelve (12) contiguous years. Employee 2 leaves City service in 2002, but is rehired by the City in 2006 and works continuously for twelve (12) years until 2018 when Employee 2 retires. Because (a) Employee 2’s employment with the City immediately preceding retirement began before August 2, 2016, (b) Employee 2 worked more than ten (10) contiguous years during the second stint of employment, and (c) Employee 2 retired directly from the City, Employee 2 is eligible for the Family level of flat dollar contribution based on their twenty-four (24) years of cumulative service, although not contiguous.
Example 3. Employee 3 is initially hired by the City in 1995, works for the City for ten (10) years and leaves for another agency. Employee 3 is rehired by the City in 2012 and retires from the City in 2018, after six (6) years of
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service. Employee 3 is only eligible to receive the PEMHCA minimum contribution because Employee 3 did not work at least ten (10) years of contiguous service during their last employment with the City.
22.1.4 The parties agree to re -open to meet and confer on regulatory changes related to the Affordable Care Act which arise during the term of this MOU.
22.1.5 The City agrees to continue to pay that amount of premium in effect determined by 22.1.1 above for employee and dependent coverage for that type of City contracted health plan the employee is a member of when s/he becomes disabled due to a City of Concord workers’ compensation injury. Such coverage shall extend for up to one year from the date of injury or to the date when the employee’s disability is determined to be permanent and stationary, whichever comes first.
22.1.6 Plan adjustments that maybe stipulated by carriers as mandatory may be incorporated into the described health insurance program without contradicting the concept of the “present level of coverage.”
22.1.7 Extended health care coverage for retired or disabled Police Managers shall be provided as described in Attachment “A” of this document.
Commencing July 1, 1998, Attachment “A” provisions shall apply only to extended health care coverage for temporary disabled Police Managers and retired unit members as applicable.
22.1.8 The City shall provide a salary reduction program which allows employees to make pre -tax contributions for health benefits pursuant to the provisions of Internal Revenue Code sections 125 and 129.
22.2 Dental Plans:
22.2.1 The City maintains the current level of coverage for the Association and pay total premium cost for employee and dependents.
22.2.2 There shall be made available to Unit employees, orthodontic coverage for the employee, eligible spouse and dependent children under the age of 26 years. Such orthodontic coverage shall have a limit of $4,000 maximum cost to the City for the lifetime of the covered person.
22.2.3 Plan adjustments that may be stipulated by carriers as mandatory may be incorporated into the described health insurance program with contradicting the concept of “present level of coverage.”
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22.3 Life Insurance
22.3.1 Group Term Life Insurance. The City will provide a life insurance benefit equal to two times the employee’s current annual earnings , not to exceed $400,000 during the term of this MOU.
22.3.2 Death Benefit. The death benefit shall be the amount of an employee’s Accumulated Retirement Contributions and the amount of insurance payable under the Group Term Life Insurance Policy.
22.4 Long Term Disability
The City will maintain the current Long Term Disability benefit program during the term of this MOU.
22.5 Job Injury Leave With Pay for Peace Officers
There shall be provided a category of leave known as “Job Injury Leave With Pay for Peace Officers”. As used in this section the term “4850” refers to Section 4850 of the Government Code. Such leave shall be administered according to the following provisions:
22.5.1 Eligibility. Any full -time, sworn employee occupying a regular position, regardless of such employees period of service with the City, who may be disabled due to an inj ury or illness arising out of and in the course of employment with the City of Concord, shall be eligible for 4850 benefits.
22.5.2 Disability Determination . The determination of temporary total, or partial disability shall be made by the City’s appoin ted medical examiner. In the event of a dispute, the finding, and order of the Worker’s Compensation Appeals Board (WCAB) regarding an application filed in connection with the injury or illness, claimed to have arisen out of or in the course of employment shall be binding upon both the City and the police officer with respect to: (I) disability; (2) whether the disability is job-incurred; and (3) whether the disability is total, temporary, partial, or permanent and stationary.
22.5.3 Compensation During Job Injury Leave
22.5.3.1 Workers’ Compensation. Temporary disability indemnity payments shall be augmented by 4850 benefits to maintain the disabled officer at full base salary (including the amount of Police Professionalization Program [PPP]
incentive pay designated to be included in base pay). If temporary disability indemnity is not provided during the workers’ compensation waiting period, or for partial days
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lost due to the job -incurred disability, 4850 benefits shall be provided.
22.5.3.2 Salary. The salary to which the police officer is entitled while on 4850 benefits shall be the base salary step
(including any PPP incentive designated to be included in base pay) then in effect on the date of the job -incurred disability, and may be increased by any general
adjustments to the salary range that may occur during the course of the 4850 benefits.
22.5.3.3 Social Security. As a condition of receiving 4850 benefits, the disabled police officer shall apply, when eligible, for disability benefits from Social Security. Benefits paid to the police officer or the officers dependents while receiving 4850 benefits shall be made payable to the City by the
disabled police officer. Failure of the employee to make application for Social Security benefits shall not prevent the City from making a deduction from the amount owing the
employee consisting of the Social Security benefits to
which the employee may have been entitled
22.5.3.4 Other Disability Income . Benefits paid the disabled police officer by private p lans paid for by that employee and without participation by the City shall be in addition to income provided by 4850 benefits.
22.5.4 Duration of Leave. The eligible police officer shall be entitled to 4850 benefits for the period of temporary disability not to exceed one (1) year cumulatively from the date of the job-incurred disability.
If at any time during 4850 leave, the appointing authority finds that the disability is permanent and stationary and the officer will be unable to return to work in his /her classification, the disabled officer shall be removed from 4850 leave status and shall apply for benefits under the City’s Long-Term Disability (LTD) program. (See 22.6.10 below)
If the disabled officer does not consider the condition permanent and stationary to the extent that he/she is unable to return to work in that classification, the officer shall so notify the City in writing within ten (10) days of being removed from 4850 leave. The matter shall be resolved by the Workers’ Compensation Appeal s Board under the provisions of Labor Code Section 6144.
The decision of the Workers’ Compensation Appeals Board upon this issue may be appealed by either party to the Superior Court, providing
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this appeal is filed within twenty (20) days from the date t he arbitration award is issued by the Workers’ Compensation Appeals Board or the court in the event an appeal is taken from the decision of the Workers’ Compensation Appeals Board.
Pending the accrual of benefits under the Long -Term Disability program, or benefits under the Concord Retirement System, there shall be paid to the employee by the City, a sum equivalent to that which the employee would ordinarily receive under the City’s Long -Term Disability program or Retirement Benefits, whichever program th e employee elects to proceed under. In the event the Workers’ Compensation Appeals Board finds that the officer’s disability is not permanent and stationary, and the officer’s condition is such that he/she cannot at that time be considered permanently unab le to return to work, there shall be paid to the officer retroactively to the date payment of 4850 leave ceased, an amount equal to that which he/she would have received as 4850 benefits less any benefit payments provided under the City’s LTD program or So cial Security disability benefits paid to the officer or the officer’s dependents.
22.5.5 Impact of 4850 Benefits on Other Benefit Programs
22.5.5.1 Commencing August 1, 1989, employees who are on 4850 leave shall accrue sick and vacation leave and shal l receive any regular uniform allowance, Leave accrual and uniform allowance shall not exceed 12 months while on temporary job injury leave.
22.5.5.2 Life Insurance . The amount of life insurance then in effect and provided by the City at the time of the police officer’s job -incurred disability shall remain in force and continue to be provided at the City’s expense throughout the duration of 4850 benefits.
22.5.5.3 Medical and Dental Plans . While on 4850 benefits, the City will continue to pay on behal f of the disabled police officer, and the officer’s eligible dependents, coverage under any of the group health and dental plans offered by the City and in which the officer is enrolled as provided in the “Dental Plan” and “Health Plan” sections of this
Memorandum of Understanding.
22.5.5.4 Retirement System . Employee contributions are to be continued by the police officer while on 4850 leave and this period of time shall be included as years of service under
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the Concord Retirement System. Effective June 21, 1993, employee contributions while on 4850 will be contributed under the PERS system and shall be included as years of service under that system.
22.5.6 Step Increases. The interval between any step increase for which the police officer would otherwi se be considered shall be extended by the duration of 4850 benefits leave and a new anniversary date shall be established as of the effective date of any step increase granted following the reinstatement of the police officer from 4850 benefits.
22.5.7 Probationary Appointment s. If the police officer was serving a Probationary Appointment when disabled on the job and the officer is subsequently reinstated from 4850 leave to a position in the class occupied at the time of disability, the probation appointme nt period shall be extended by the duration of 4850 leave.
22.5.8 Seniority. The police officer’s seniority shall continue to accrue during the duration of 4850 leave and may be used for whatever purpose seniority is used by the Police Department accordin g to their regulations.
22.5.9 Return to Work. If the disabled police officer recovers and is released for full -time employment and duty status in the officer’s own classification, all benefits under 4850 benefits provisions shall cease and the employee s hall immediately return to work upon medical release. This reinstatement from 4850 benefits shall be made even if it requires the use of the City’s layoff procedure. Medical release for return to work shall be determined and provided by the City’s appointed medical examiner.
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22.5.10 Long-Term Disability. The Long -Term Disability (LTD) program runs concurrently with 4850 leave. Although an officer may be eligible to receive LTD benefits based upon eligibility criteria from the first date of disability as determined by the LTD claims administrator, such LTD benefits are not paid inasmuch as the 4850 benefit exceeds the guaranteed LTD income level. At the end of the maximum one (1) year period of 4850 benefits, or a declaration of permanent and stationary and inability to return to work in his/her own occupation, whichever occurs first, the disabled officer would continue to be guaranteed the income level offered by the LTD program for a period of up to twenty -six (26) months beyond the first date of disabilit y under the “own occupation” definition of disability. However, eligibility for LTD benefits under the “own occupation” definition shall be extended from twenty -six (26) months to a maximum of thirty-six (36) months from the first date of disability when a ll of the following conditions are met:
22.5.10.1 The injury/illness causing the disability occurs on or after July 2, 1984; and
22.5.10.2 The disability has been accepted by the City’s workers’ compensation claims administrator as being a disability arising out of and in the course of employment; and
22.5.10.3 There continues to be medical certification by the City’s appointed medical examiner that the officer is unable to perform the full duties of his/her classification.
22.5.10.4 The extension period (beginning on the twenty -seventh [27th] through the thirty -sixth [36th] month described above) shall be canceled at any time during this period if any of the events shown below should occur:
22.5.10.5.1 Determination is made by the City’s
appointed medical examiner that the officer
is no longer disabled from performing the
full duties of his/her own classification; or
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22.5.10.5 The extension period does not alter any eligibility or other provisions under which Long-Term Disability benefits are provided.
Effective June 21, 1993, the City’s Long Term Disability plan will become an independent program from the PERS
retirement system and the continuation of service credit will only be provided during the maximum one (1) year of 4850 or a declarat ion of permanent and stationary and
inability to return to work in his/her own occupation,
whichever occurs first.
22.6 Retirement Contribution
22.6.1 The City provides retirement benefits to employees under the California Public Employees Retirement S ystem (“CalPERS”) and, in the administration of the retirement program, PERS Rules and Regulations shall apply.
22.6.2 “Classic employees” participate in the CalPERS 3% at 50 plan. Classic employees contribute 12% member contribution to CalPERS.
22.6.3 “New members” hired after January 1, 2013 under the Public Employee Pension Reform Act (PEPRA) , participate in the California Public Employees Retirement System Local Safety 2.7% at 57 retirement formula, and complies with Government Code sections 7522 e t seq., including but not limited to a cap on pension benefits, and the three year average for calculating final compensation.
22.6.4 New members pay 50% of the normal cost for their pension benefit as identified by CalPERS.
22.7 Retirement Social Security Offset
Effective September 1994, the City shall amend its contract with the Public Employees’ Retirement System (PERS) to include the provision called “Full Formula Plus Social Security” as defined in Section 20499 of the Public Employees’ Retirement Law. This amendment will eliminate the coordination of retirement and Social Security benefits, and provide full PERS coverage for past and future service of safety members in this representation unit employed on or after the effective date of this contract amendment.
22.8 Conversion of Sick Leave to Retirement Service Credit Upon retirement, unused accrued sick leave can be used to extend service credit and an employee will receive 0.004 years of service credit for each 8 hours of
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unused accrued sick l eave pursuant to CalPERS regulations . Alternatively, an employee can elect to cash out up to 800 hours of unused accrued sick leave at the rate of two hours of pay for each 8 hours of unused accrued sick leave. An employee can also elect a combination of c ash out up to the maximum 800 hours (200 hours pay) and extended service for the balance.
22.9 Disability Benefit Coordination
City will provide coordination of industrial disability benefits to fifty (50) percent, i.e. the sworn retirement system shall provide the difference between the amount received for an approved disability allowance from the PERS retirement system and fifty (50) percent of final compensation for members actively on the payroll June 21, 1993, who have completed at least 12 ½ years o f sworn service with the City of Concord. This action was approved by the Retirement Board on January 26, 1994, and City Council approval as of November 11, 1994.
22.10 Deferred Compensation
Management employees shall be eligible to participate voluntar ily in the City of Concord Deferred Compensation Plan subject to Internal Revenue Service approval. Further, the City shall provide an employer -paid 401(k) contribution equal to 3% of the Unit member’s base wage. The contributions will be made on a per pay-period basis.
22.10.1 Additional $2,000 Annual Employer Paid Contribution to the 401(k) Deferred Compensation Program
The City will provide an additional $2,000 flat -dollar employer paid contribution to the 401(k) deferred compensation account for a ll Concord Police Managers’ Representation Unit members. The contribution will be made on a per-pay-period basis.
22.10.2 Effective the first full pay period in July 2020 through the last pay period including days in 2022, Management employees have forgone the employer -paid 401(k) contribution equal to 3% of the Unit member’s base wage and the additional $2,000 Annual Employer Paid Contribution to the 401(k) Deferred Compensation Program.
22.10.3 Effective the first full pay period in 2023, the City’s co ntributions to Management employees ’ deferred compensation accounts shall recommence in an amount equal to 3% of the Unit member’s base wage and the additional $2,000 Annual Employer Paid Contribution.
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22.11 Employee Assistance Program
The City shall continue to maintain an Employee Assistance Program (E.A.P.) .
The parties agree that the minimum visits for Unit employees shall be eight (8) per contract year for employees and their eligible dependents.
22.12 Tuition Reimbursement
22.12.1 The applica tion of the Tuition Refund Program will exclude graduation fees and if a text book is to be retained at the request of the employee and with the approval of the department head, the City will pay 50% of the costs for such books rather than 100%.
22.12.2 The Tuition Refund for Employee Schooling (Policy & Procedure No. 42) shall not apply to any course or program conducted by an educational institution through a contractual relationship with any type of “Educational Broker.” Further, the City shall not rec ognize or pay for in any way any “life experience” credits that may be granted by any educational institution.
22.12.3 The maximum benefit payable to an employee per fiscal year for approved course work successfully completed at a school that is privately owned and/or operated shall not exceed $1,500. No limit shall apply to schools that are publicly owned and/or operated.
Policy & Procedure No. 42, titled TUITION FOR EMPLOYEE
SCHOOLING shall be amended as follows:
2.5 The course is completed with a grade better than a C - or a certificate of satisfactory completion.
4.22 Unit Members. Reimbursement for books retained by the employee will be limited to 50% of cost. This policy shall not apply to any course or program conducted by an educational in stitution through a contractual relationship with any type of “Educational Broker” nor shall the City recognize or pay for any “Life Experience” credits that may be granted by any educational institution. Excluded from reimbursement are computer hardware a nd software and battery operated or electric calculators.
22.13 PEPRA Maximum Compensation Limits
Upon request by the PMA, prior to July 2024, the parties shall meet to discuss the effects of, and exchange information about PEPRA maximum compensation limits on bargaining unit members. Such discussions will not constitute a waiver of any rights or obligations of the parties under the MOU and any changes to the MOU will be subject to mutual agreement.
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23. Take Home Vehicles
Police Captains who are assigned ta ke home vehicles shall have full and exclusive use of their assigned take home vehicle.
23.1 Said vehicle is to be used by the Police Captain in connection with their duties as a Concord Police Captain and for incidental personal reasons whereby the Captain is available to respond to a threshold event.
23.2 The Police Captain shall not use this vehicle for family vacations or trips in which the Captain would not reasonably be expected to respond to an incident or event.
23.3 The Police Captain shall not allow a third party to drive the vehicle, except by City personnel in the performance of City business or in the course of routine vehicle maintenance or repair.
23.4 The Police Captain shall not use the vehicle for, or in the furtherance of, any unlawful purpose or act, or for private commercial gain.
23.5 Alcohol consumption is prohibited whenever using the assigned vehicle.
24. Uniforms
24.1 Emblems and Insignia
24.1.1 The City shall provide City emblem shoulder patches for police uniforms under a program regulated by the Chief of Police.
24.1.2 Upon promotion, an employee within the Unit shall be provided by the City two (2) complete sets of jacket and one (1) set of shirt bar emblems and insignia appropriate for rank involved. This does not include s ervice stripes which may be worn at the expense and discretion of the Manager, except that for the 20th and 25th year of total peace officer service, the City shall provide, at the request of the Manager, four (4) sets of service stripes, each stripe denot ing five years of peace officer service. Such service stripes are to be worn at the expense and discretion of the Manager.
24.2 Uniform Allowance
24.2.1 Beginning July 1, 2022, an annual uniform allowance shall be paid in 26 equal installments over the fi scal year, with the first payment being made in the first full pay period in July. In the event there is a 27 th pay period in the fiscal year, there shall not be a payment in the 27 th pay period. . The annual uniform allowance shall be one thousand four hundred dollars ($1,400.00).
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24.2.2 New hires shall receive a one -time lump sum payment of $1,400 to purchase new uniforms; this lump sum payment shall be made on their payday after the new hire’s first full pay period. Each subsequent fiscal year, the employee shall receive the annual $1,400 uniform allowance as described in 24.2.
24.2.3 On a one -time non -precedent setting basis, employees who are CalPERS “classic” members (as defined by CalPERS) who retire in Fiscal Year 2022 -23, the City shall resta te its uniform allowance reporting to CalPERS to ensure the $1,400 paid in the first full pay period in July 2021 is reported evenly throughout Fiscal Year 2021-22 if the employee provides the City with at least 90 calendar days’ notice prior to his/her re tirement date. If the employees provides less than 90 calendar days advance notice of his/her retirement date, the City is not obligated to restate its uniform allowance reporting to CalPERS.
24.2.4 The parties agree that for “classic members” (as defined by CalPERS), this is special compensation and shall be reported as such, to the extent legally permissible, pursuant to Title 2 CCR, Section 571(a)(5) as Uniform Allowance.
25. Reimbursement
25.1 Damaged or Lost Personal Property
Subject to the following p rovisions, claims for damaged or lost personal property of an employee shall, when such damage or loss results directly from the performance of work in the line of duty, be reimbursed. Such personal property must have been necessarily worn, used, or carrie d by the employee in order to adequately fulfill the duties and requirements of the job.
25.1.1 The City will process and review employee claims with the understanding that the burden of proof of damage or loss rests with the employee who shall submit specified evidence of ownership and value.
25.1.2 Damage to or loss of personal property occurring in all but the following circumstances shall be eligible for reimbursement:
25.1.2.1 Theft or vandalism.
25.1.2.2 Ordinary wear and tear.
25.1.2.3 Employee carelessness, negligence, or lack of proper care.
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25.1.2.4 Events normally encountered or anticipated in the job and subject to the control of the employee.
25.1.2.5 Incidents occurring outside hours actually worked (for example: breaks, meal periods, standby duty
25.1.3 An employee shall be eligible for reimbursement for damage to or loss of any personal property except:
25.1.3.1 Tools or equipment used without the express approval of the appointing authority.
25.1.3.2 Items not required as p art of a uniform or duty equipment such as jewelry.
25.1.3.3 Clothing provided at City cost.
25.1.3.4 Vehicles.
25.1.3.5 Items that have exceeded their normal life
expectancy.
25.1.3.6 Items compensable by Workers’ Compensation coverage or the employee’s insurance.
25.1.4 Following verification of eligibility for payment, reimbursement shall be as prompt as possible. Reimbursement shall be limited as follows:
25.1.4.1 For items that may be repaired, reimbursement is limited to the actual cost to repair the item.
25.1.4.2 For items damaged beyond repair or lost, reimbursement is limited, either to the actual value of the item at the time of loss or damage, or to the original cost, whichever is less.
25.1.4.3 Reimbursement for watches shall be limited to $50.00.
Reimbursement for cash shall be limited to $25.00.
25.1.5 Claims Procedure:
25.1.5.1 An employee may submit a claim on a form designated by the City to the immediate supervisor for review within
thirty (30) calendar days of the incide nt which resulted in loss or damage. Claims submitted more than 30 days
following the incident may be considered only if the Chief of Police accepts an explanation for the delay.
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25.1.5.2 The employee’s supervisor will review the claim and complete that portion designated for supervisory response and forward the claim form to the Chief of Police.
25.1.5.3 The Chief of Police will review the claim, add comments as appropriate, and forward the claim to the Finance Director.
25.1.5.4 The Finance Director will determine whether or not the claim satisfies the criteria specified above. If the criteria are met, the Finance Director will provide reimbursement. If a claim does not appear to meet the eligibility criteria, or if the amount of reimbursement appear s to be inappropriate, the Finance Director will notify the Chief of Police of the concern prior to notifying the employee. The employee
may be requested to provide additional information to
substantiate a claim. The Finance Director and Chief of Police ma y, when appropriate, negotiate reimbursement
amounts with the claimant or the claimant’s representative.
25.1.5.5 If a claim is rejected, the employee will be notified of the reason for rejection and the employee may submit
additional information and request reconsideration.
25.1.6 Disputes. Disputes regarding either eligibility for reimbursement or the amount of reimbursement may be processed at the Second Step of the Grievance Procedure.
25.2 Travel
25.2.1 The City Manager may authorize attendance, travel and reimbursement of all normal and necessary expenses incurred by employees representing the City on official business or at an approved function. The following guidelines shall govern the approval of the City Manager. In areas not specifically cov ered, the City Manager’s decision shall prevail.
25.2.2 The governing factor in authorizing attendance at these functions is the benefit to accrue to the City as a result of such attendance in relation to the overall expense to the City. All employees wi ll obtain approval of the Chief of Police and the City Manager prior to incurring City reimbursable expenses when business or function will require them to be away from work for a full day or more, or require overnight absences.
25.2.3 Travel shall be by means most economical to the City of Concord. If travel by air is indicated, coach or economy air travel will be used whenever possible. Travel by private automobile will be authorized in
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lieu of flying, when it does not necessitate more time away from th e job. The total travel cost shall be computed on direct route distances, but in no case shall the expense exceed the round trip cost by air.
25.2.4 No employee shall be authorized mileage allowance for privately - owned vehicle travel in the performance o f official business or approved function within the immediate vicinity of Concord, if a City - owned vehicle is available and suitable for such use. When authorized, travel by private automobile will be reimbursed at the prevailing IRS mileage allowance.
25.2.5 When vehicles, either private or City -owned, are provided for authorized travel, employees shall pool rides whenever possible.
25.2.6 While attending approved functions, the burden of responsibility for sound judgment in expending City funds rests on the attending employee. The decision of the City Manager shall be final in cases where conflict of opinions on reimbursement exist.
25.2.7 Reimbursement of costs shall be based on the minimum number of days and hours required to transact City business. Early departures and late arrivals shall be at the employee’s own expense except where prior approval of the City Manager is received.
25.2.8 The use of City vehicles shall be limited to official City business and travel reasonably related thereto. Tra nsportation of persons other than employees or official City delegates is authorized by the City Manager only in situations where it relates to City business, such as transportation of spouses to functions where they are registered to attend, and then only when alternative arrangements are impracticable.
25.2.9 Advance requests, receipts, and expense statements are to be submitted to the Finance Director for processing and filing. Processing shall include verification of policy compliance. Receipts are re quired to be filed for all major expenses when available such as registration, hotel, and travel.
26. Policies and Procedures
Prior to consideration by the City Council, the City agrees to provide 20 working days’ notices’ notice of any proposed modificatio n, amendment, or consideration of any new Policy or Procedure Statement affecting personnel covered by this MOU. With mutual consent of the parties, this 20-day notice may be waived.
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27. Outside Employment
27.1 City employees shall not engage in any employm ent activity or enterprise for compensation which is inconsistent, incompatible, or in conflict with, or inimical to their duties as employees or with the duties, functions, or responsibilities of the employee’s appointing authority or the department in wh ich employed. An employee shall not perform any work, service, or counsel for compensation outside of such employment where any part of his or her efforts will be subject to approval by any officer, employee, board, or commission of the City, unless otherwise approved in the manner prescribed by Sections 27.2 and 27.3 below.
27.2 Prohibited Activities
The Chief of Police may determine, subject to the concurrence of the City Manager, those outside activities which, for employees under his or her jurisdiction, are inconsistent with, incompatible to, or in conflict with their duties as employees. An employee’s outside employment, activity, or enterprise may be prohibited if it:
27.2.1 Involves the use for private gain or advantage of City time, facilities, equipment, and supplies, or the badge, uniform, prestige, or influence of one’s City office or employment; or
27.2.2 Involves receipt or acceptance by the employee of any money or other consideration from anyone other than the City for the performance of an act which the employee, if not performing such act, would be required or expected to render in the regular course or hours of his or her City employment or as a part of the duties of such an employee; or
27.2.3 Involves the performance of an act in ot her than the capacity of the employee, which act may later be subject directly or indirectly to the control, inspection, review, audit, or enforcement of any other officer or employee of the City to whom the employee reports; or
27.2.4 Involves such time demands as would render performance of his or her duties as an employee less efficient.
27.3 Authorization
Any employee, wishing to engage in an occupation or outside activity for compensation and having any reason to question whether this activity migh t come under Sections 27.1 and 27.2 shall inform the Chief of Police of such desire, providing information as to the time required and the nature of such activity and such other information as may be required.
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27.4 The Chief of Police at his or her own initiative, or at the request of the employee, shall make such determination as specified in Section 27.2 and either authorize or prohibit the employee’s outside employment, activity, or enterprise for compensation. Notice of such determination shall be in writing to the employee involved, with a copy forwarded to the Human Resources Director. If authorization is granted, it shall be valid only for the work and period prescribed therein. Such determination of the Chief of Police may be subject to the Grievance Procedure as set forth in Section 20.
28. Residual Rights
Except as otherwise noted in this agreement, the City retains all rights of management.
29. Entire Agreement
Except as otherwise specifically provided herein, this MOU fully and completely incorporates the understanding of the parties hereto and constitutes the sole and entire agreement between the parties in any and all matters subject to meet and confer.
30. Revisions, Amendments, Extensions
Neither party shall be required to negotiate any changes to the terms of this MOU except by mutual agreement.
31. Waiver
Upon the adoption of the Memorandum of Understanding, the Association and Unit employees individually and collectively waive any rights and benefits that may in the future be determined under City of Concord Policy No. 37.9, titled COMPENSATION FOR MANAGERIAL CLASSES AND EMPLOYEES, and also any rights and benefits that may have been extended to them under that Policy by order of an arbitrator with the following exceptions:
31.1 Upon retirement from the City service, an incumbent in the Unit shall be paid in cash one-fourth (1/4) of that employees ’ unused sick leave up to a maximum of 200 hours.
31.2 The additional one (1) week of vacation per year allowed managerial employees shall apply and be included in the vacation accrual rates specified in the “Vacation” Section of this Memorandum of Understanding.
32. Severability Clause
Should any part of this Memorandum of Understanding, or any provision herein contained be rendered or declared inval id by reason of any existing or subsequently
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enacted legislation, Federal tax requirements, or by any decree of any court of competent jurisdiction, such invalidation of such part or portions of this Memorandum of Understanding shall not invalidate the rem aining portions thereof. The remaining portions or parts shall remain in full force and effect. It is mutually agreed that upon such invalidation the City of Concord and the Concord Police Association will meet and confer in good faith with reference to the parts or provisions thus invalidated.
This Memorandum of Understanding is subject to all laws and ordinances. This Memorandum of Understanding shall be further subject to all resolutions and administrative rules of the City except as expressly provided to the contrary by this Memorandum of Understanding.
33. Term
This MOUshall be effective upon ratification and approval by the members of the Concord Police Managers’ Association and upon approval by the Concord City Council.
The Terms of this Memorandum o f Understanding shall be from the effective date through June 30, 2026. The parties shall reopen negotiations by March 15, 2026.
If negotiations are not completed by the end of the term, this MOU shall continue in full force and effect until an understa nding is reached, or, failing agreement, until any applicable impasse procedure is exhausted.
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ATTACHMENT “A”
EXTENDED HEALTH CARE COVERAGE
FOR RETIRED OR DISABLED POLICE OFFICERS
NOTE: AS A RESULT OF CHANGES TO SECTION 22.1.3 (RETIREE MEDICAL INSURANCE) SOME SECTIONS OF ATTACHMENT “A” MAY NO LONGER APPLY; IN THOSE INSTANCES, THE LANGUAGE IN SECTION 22.1.3 WILL PREVAIL
Extended health care coverage may be provided to retired/disabled Police Employees subject to the following provisions: Effective J uly 1, 1998 retirement medical coverage for City of Concord “PERS” Retirement Plan unit members shall be provided under the “PERS Health Benefit Program” in accordance with the Health/Drug Plan section of the “MO U”. Concord “PERS” Retirement Plan membershi p is limited to unit members who are active unit members and retired unit members receiving a “PERS” retirement benefit allowance from service with the City of Concord who retired within 180 days of separation from the City of Concord. All other City of Co ncord Retirement System retirees who retired prior to June 21, 1993 and Disabled Police Employees will continue to be subject to the following provisions:
A. PROVISIONS
1. Active Police Employee means persons currently employed by the City of Concord as Police Employees, as that term is defined by the City of Concord Retirement Ordinance.
2. Dependent means the Police Employee’s legal spouse and/or children eligible for coverage by one of the City’s health care programs.
3. Extended Health Care Coverage means continued eligibility to participate in and be covered by one of the City’s health care programs after such date as the Police Employee no longer meets the definition of Active Police Employee due to Retirement or receipt of benefits from the City’s Long-Term Disability Program.
4. Individual Coverage means coverage under one of the City’s health care plans for the retired or disabled Police Employee or the widow/widower of a retired or disabled Police Employee.
5. Residual Balance of Un used Sick Leave means all hours of unused sick leave in excess of 800 hours.
B. ELIGIBILITY
1. An employee is only eligible to use sick leave conversion at retirement or when on Long Term Disability (LTD).
2. Extended health care coverage shall be limited to those who are defined as Police Employees by the City of Concord Retirement System and who shall either have severed his/her employment with the City of Concord by retiring under service or
55 10308567.1 CO286-023
disability provisions of the City of Concord Retireme nt System, or have become eligible and continue to be eligible to receive benefits under the City of Concord’s Long-Term Disability Program. Police Employees who resign from City employment but remain a Member of the City of Concord Retirement System shall not be eligible to receive extended health care coverage upon their retirement.
3. Participation in extended health care coverage program by a retired or disabled Police Employee and his/her dependent(s) shall be voluntary.
C. SCOPE OF EXTENDED HEALTH CARE COVERAGE
1. Extended health care coverage is limited to benefits provided under the health care programs being offered to Active Police Employees. Extended health care coverage shall not include dental or drug programs offered to Active Police Employees.
2. Retired employee and spouse on City health plans shall enroll in Medicare as soon as eligible.
D. PARTICIPATION/ELECTION OPTIONS
1. At the time of retirement, the Police Employee who elects to participate in the extended health care coverage program may choose one of the following options:
a. Option 1. Conversion of Entire Sick Leave Balance
The entire unused sick leave balance at the date of retirement may be converted to fully-paid individual health care coverage on the basis of o ne month of prepaid health care coverage for each 8 hours of unused sick leave. The number of unused sick leave hours shall be divided by 8 and rounded to the nearest whole number to determine the number of months of health care for Individual Coverage. If the Police Employee chooses to have a spouse covered, the number of months of health care coverage shall be reduced by one -half. Health care coverage for dependents other than a spouse shall be at the sole expense of the Police Employee. Upon exhaustion o f the number of months of health care coverage, the Police Employee may elect to continue participation in extended health care coverage by commencing payment as described in Section D. I. c. below.
(I) City will pay Kaiser monthly rates for current plan bene fits for 1995/96.
Employee $142.11
Employee + 1 $284.22
Employee + 2 $378.02
Attachment “A” (continued)
56 10308567.1 CO286-023
Kaiser rates will be the maximum for City payment to other health plans, and for sick leave conversion for those retiring or beginning Long Term Disability (LTD) after July 5, 1993.
b. Option 2. Conversion of Residual Balance of Sick Leave
The Police Employee may elect to receive as a cash payment the dollar value of 800 hours of the unused sick leave computed in accordance with Section 4.52 of Policy & Procedure No. 4 1, SICK LEAVE. The Residual Balance of Unused Sick Leave (excess over 800 hours) may be converted to fully-paid extended health care coverage as described in Section D.1.a. above.
c. Option 3. Payment for Participation
In lieu of converting any unused sick leave as described in Sections D.1.a. and b. above, the Police Employee may choose to participate in the extended health care coverage by paying a monthly charge. For Individual Coverage, the amount of the monthly charge shall be an amount equal to the mandatory contribution rate made by Active Police Employees. Health care coverage for dependents, including spouse, shall be at the sole expense of the Police Employee.
2. At the time a Police Employee commences receipt of benefits from the City’s Long-Term Disability Program. The Police Employee who elects to participate in the extended health care coverage program may choose one of the following options.
a. Option 1. Conversion of Entire Sick Leave Balance
Convert the entire unused sick leave b alance available at the date s/he commences receipt of benefits in the manner described in Section D.1.a. above.
b. Option 2. Conversion of Residual Balance of Sick Leave
Freeze 800 hours of the unused sick leave balance available at the date s/he commences receipt of benefits from the City’s Long -Term Disability Program. The Residual Balance of Unused Sick Leave (excess over 800 hours) may be converted to fully -paid extended health care coverage as described in Section D.1.a. above.
(I) At the time of Disability Retirement or a Service Retirement occurring while the Police Employee is eligible to receive benefits from the City’s Long -Term Disability Program, Police Employee may receive the dollar value of the frozen 800 hours of unused sick
Attachment “A” (continued)
57 10308567.1 CO286-023
leave co mputed at the rate set forth in Section 4.52 of Policy & Procedure No. 41, SICK LEAVE, or convert the entire 800 hours of unused sick leave to additional months of fully -paid health care coverage in the manner described in Section D.1.a. above.
c. Option 3. Payment for Participation
In lieu of converting any unused sick leave as described in D.2.a. and b., the Police Employee may choose to participate in the extended health care coverage by paying a monthly charge. For Individual Coverage, the amount of the monthly charge shall be an amount equal to the mandatory contribution rate made by Active Police Employees. Health care coverage for dependents, including spouse, shall be at the sole expense of the Police Employee.
3. Except as provided in Secti on D.2.b. above, if the Police Employee elects to use any or all of the unused sick leave balance as an option for extended health care coverage, s/he may not at a later da te receive any portion of the unused sick leave in cash, even if s/he elects to no l onger participate in the extended health care coverage program.
4. A Police Employee who elects not to participate in the extended health care program when first eligible may apply for coverage at a future date during the annual opening period for health plan changes for Active Employees.
E. DEATH OF RETIRED OR DISABLED POLICE OFFICER
1. If an employee who elected to convert sick leave at retirement for self and spouse continued the health coverage for self and spouse, the survivor (whether employee or spouse) may convert the deceased spouse’s remaining months to extended coverage.
2. Upon conclusion of fully -paid coverage, the surviving spouse until remarriage may elect to continue to participate in the extended health care program by commencing payment as described in D.1. above. Dependent coverage would be at the sole expense of the surviving spouse.
3. Upon remarriage, the surviving spouse may continue Individual Coverage in the extended health care coverage by paying the full amount require d for such coverage. Health care coverage for eligible dependent children of the deceased Police Employee would be at the sole expense of the surviving spouse.
F. CONVERSION OF SICK LEAVE TO RETIREMENT SERVICE CREDIT Nothing contained in this document a ffects a Police Employee’s rights under Section 2809.B.6. of the Retirement Ordinance to convert all unused sick leave to retirement service credit.