58 10308567.1 CO286-023
ATTACHMENT “B”
RETIREMENT ALLOWANCE FACTORS - POLICE EMPLOYEES
Age at
Retirement Factors
50 1.0000
50-1/4 1.0175
50-1/2 1.0350
50-3/4 1.0525
51 1.0700
51-1/4 1.0875
51-1/2 1.1050
51-3/4 1.1225
52 1.1400
52-1/4 1.1575
52-1/2 1.1750
52-3/4 1.1925
53 1.2100
53-1/4 1.2275
53-1/2 1.2450
53-3/4 1.2625
54 1.2800
54-1/4 1.2975
54-1/2 1.3150
54-3/4 1.3325
55 and over 1.3500
Effective June 21, 1993, the Retirement
Allowance Factors covered by the City
contracted PERS Plan shall be applicable.
59 10308567.1 CO286-023
ATTACHMENT “C”
POLICE MANAGEMENT PROFESSIONALIZATION PROGRAM
1. Elimination
As set forth in the 2023-2026 MOU at Section 12.2, the Police Management Professionalization Program shall be eliminated no later than the first full pay period in July 2023 and this Attachment C shall be void.
2. Purpose
To establish a Police Management Professionalization Program that increases the standards and requirements for Police Lieutenants and Captains to meet the needs of the City of Concord. Upon achieving the rank of Lieutenant or Captain, or if appointed in a provisional or acting capacity, managers will be eligible for participation in the program.
3. Exclusions
3.1 This policy does not apply to the Chief of Police.
3.2 Any course or c ollege degre e program which includes college credits for “life experience” shall not be recognized by the City as qualifying for the Police Professionalization Program.
4. Definitions
4.1 Base salary means the appropriate salary step in the Pay Range adopted for the class.
4.2 P.O.S.T means the California Commission on Peace Officer Standards & Training.
4.3 Program year means from August 1 through the following July 31.
4.4 Satisfactory completion of course(s) means the attainment of a letter grade “C” or better’ a “pass” grade if grade on a pass-fail basis; or a certificate of completion.
5. General
It is the intent of the City of Concord to maintain high quality police service to cope with increased demands placed upon this function due to judicial, legislative, technical and social changes. Incumbent police managers are encouraged to meet the higher requirements for their own classification and to become prepared for advancement through a salary incentive program.
Attachment “C” (continued)
60 10308567.1 CO286-023
6. Policy
The City of Concord will establish and maintain a Police Management Professionalization Program designed for the experienced manager who is interested in a broad academic and specialized training background.
Attachment “C” (continued)
61 10308567.1 CO286-023
7. Participation
During each program year, an eligible police lieutenant or captain shall be entitled to receive additional percentage of pay over base salary according to the table at the end of Attachment C. Such incentive pay shall be effective at the beginning of the pay period following fulfillment of conditions.
8. Provisions
8.1 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.
8.2 Qualifying courses, college or specialized training programs, or research projects are to be pursued during off -duty time an d 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.
8.2.1 Routine exercises to maintain proficiency with firearms or other similar police skills.
8.2.2 The hours spent attending Police Department mandatory training programs for which there is compensation.
8.2.3 The hours spend performing homework assignments or other preparatory work in connection with an academic or special course of instruction.
8.2.4 The hours spent preparing and presenting speeches as a representative of the Police Department.
8.3 Police managers are encouraged to complete the requirement for advanced college degrees. The approved fields of specialty for such degrees is to be broadly interpreted to provide for the professional growth of the police manager; however, courses which are not creditable toward a degree program or such programs that are pursued for a vocational interest, rather than professional growth, may not satisfy the requirement for salary incentives under the Police Management Professionalization Program.
8.4 The Police Department shall provide job -related specialized training periodically through the year and make such training available during off-duty hours.
8.5 The appropriate Police Management Professionalization Program salary incentives shall be added to each paycheck while the Police Manager is qualified under this program. The effective date of any increase in level of part icipation shall be at the beginning of a pay period following attainment of the appropriate
Attachment “C” (continued)
62 10308567.1 CO286-023
P.O.S.T certificate or advanced 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.
8.5.1 Salary incentives for participation in the Police Management Professionalization Program shall be payable only while the Police Manager is actively employed with the City. The ince ntive salary shall be in addition to base pay. 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 case on the date of separation from the Police Department.
8.5.2 In the event a Police Manager entitled to a salary incentive under the Police Management Professionalization Program leaves the employ of the City for any reason, the Po lice Manager shall receive the proportionate amount of incentive (less any non -qualifying time as specified in Section
7.5.1 above) at the time the final wage is being processed.
9. Responsibilities
9.1 The Chief of Police shall be responsible for administration of this policy.
9.1.1 The Chief of Police shall initiate a “Notice of Personnel Action” form to add, change, suspend, or remove the salary incentives as provided by the Police Management Professionalization Program.
9.2 The Finance Director shall add the appropriate salary incentive to each paycheck for each police manager entitled to a salary incentive provided by in accordance with this Policy Statement upon receipt of the approved “Notice of Personnel Action” form as indicated in Section 8.1.1 above.
9.2.1 The Fina nce Director shall use the appropriate salary steps contained in the City’s salary schedule to calculate the percentage incentive payment, which is subject to retirement and other benefits.
9.3 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.
Attachment “C” (continued)
63 10308567.1 CO286-023
POLICE MANAGEMENT PROFESSIONALIZATION PROGRAM
PAY RATES: EFFECTIVE 08/01/16
Police Lieutenant
2.5% Training Pay
7.5% Masters’ Degree
10% Masters’ Degree + 2.5% Educational Incentive
Police Captain
2.5% Training pay
5% Masters’ Degree
7.5% Masters’ Degree + Training Pay
64 10308567.1 CO286-023
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 applicable 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 submitting 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 for 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 ________
Memorandum of Understanding between the
City of Concord and Concord Police Association January 1, 2023 – June 30, 2026
65 10308567.1 CO286-023
Signatures
For the PMA
For the City
James Nakayama Valerie Barone
Negotiating Team Member City Manager
Greg Rodriguez Jasmin Loi
Negotiating Team Member Director of Human Resources
Rockne A. Lucia, Jr. Lisa S. Charbonneau
Chief Negotiator Chief Negotiator
_____________________________________
Joe Higby
Labor Relations Representative
10308567.1 CO286-023
MEMORANDUM OF UNDERSTANDING
BETWEEN
THE CITY OF CONCORD
AND
THE CONCORD POLICE MANAGERS’
REPRESENTATION UNIT
Effective January uly 1st, 201923 - June 30th, 20216
Attachment 4
Table of Contents
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10308567.1 CO286-023
SUBJECT PAGE
1. ADMINISTRATIVE LEAVE ............................................................................................... 1
12. AGREEMENT ........................................................................................................................ 1
23. ALCOHOLIC BEVERAGES AND ILLEGAL OR CONTROLLED SUBSTANCES . 22
34. DUES DEDUCTION ............................................................................................................ 22
45. REPRESENTATION BY EMPLOYEES .......................................................................... 22
56. BULLETIN BOARD ............................................................................................................ 33
67. MANAGEMENT RIGHTS ................................................................................................. 33
78. NON-DISCRIMINATION .................................................................................................. 33
89. HOURS OF WORK ............................................................................................................. 44
89.1 GENERAL ................................................................................................................................................ 44
89.2 BREAKS ................................................................................................................................................... 44
89.3 LUNCH PERIOD ...................................................................................................................................... 44
89.4 EMERGENCY MEAL .............................................................................................................................. 44
89.5 DAYLIGHT SAVINGS TIME ................................................................................................................. 55 910. ORGANIZATIONAL CHANGES ..................................................................................... 55 101. ECONOMIC/BUDGET UPDATE ..................................................................................... 55 112. PAY ........................................................................................................................................ 55 112.1 ...................................................................................................................................... SALARY ADJUSTMENTS 55 112.2 ................... EDUCATION INCENTIVE PROGRAMPOLICE MANAGEMENT PROFESSIONALIZATION PAY 66 112.3 ................................................................................................. ANNIVERSARY DATE OF STEP INCREASES 66 112.4 ...................................................................................................................OVERPAYMENT – GRACE PERIOD 76 123. PAY PREMIUM ................................................................................................................... 77 132.1 ........................................................................................................................................ COMPENSATORY TIME 87 123.2 ......................................................................................................................................... COURT APPEARANCES 87 143. HOLIDAYS ...................................................................................................................... 1110 154. VACATION ...................................................................................................................... 1211 154.5 VACATION USAGE ................................................................................................................. 1312 145.6 ACCRUAL RATE UPON RE-EMPLOYMENT, REINSTATEMENT OR REHIRE .............. 1312 145.7 CASH PAYMENT IN LIEU OF VACATION TIME OFF ....................................................... 1312 145.8 VACATION PAY UPON TERMINATION .............................................................................. 1413 145.9 ............................................................................................................................................................ UPON DEATH 1413
15. ADMINISTRATIVE LEAVE…………………………………………………………………………………………………………………14 166. EMPLOYMENT, ADVANCEMENT, & RETENTION .............................................. 1413 166.1 .....................................................................................................................................PROBATIONARY PERIOD 1413 166.2 .............................................................................................................................................................. DEMOTIONS 1413
Table of Contents (continued)
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10308567.1 CO286-023
166.3 .........................................STATUS WHILE ON AUTHORIZED LEAVE OF ABSENCE WITHOUT PAY 1514
16.4 STATUS OF AN EMPLOYEE UPON RESIGNATION OR RETIREMENT ..................................... 1514
17. LEAVES OF ABSENCE WITH PAY ............................................................................ 1514
17.1 USE OF SICK LEAVE ......................................................................................................................... 1614
17.2 DISCIPLINARY ADMINISTRATIVE LEAVE .................................................................................. 1816
17.3 JURY DUTY ......................................................................................................................................... 1917
18. AUTHORIZED LEAVE OF ABSENCE WITHOUT PAY ......................................... 1917
18.1 PERSONAL LEAVE ............................................................................................................................ 1917
18.2 AUTHORIZED LEAVE OF ABSENCE WITHOUT PAY FOR MILITARY DUTY......................... 2018
18.3 FAMILY CARE LEAVE ...................................................................................................................... 2018
18.4 CATASTROPHIC LEAVE ................................................................................................................... 2018
19. DISCIPLINE .................................................................................................................... 2018
19.1 RULES OF CONDUCT ........................................................................................................................ 2018
19.2 EXTENT OF DISCIPLINARY ACTIONS ........................................................................................... 2220
19.3 AUTHORITY FOR DISCIPLINARY ACTIONS ................................................................................ 2321
19.5 NOTICE TO EMPLOYEES .................................................................................................................. 2422
19.6 EMPLOYEE RESPONSE ..................................................................................................................... 2422
19.7 ORDER OF DISCIPLINARY ACTION ............................................................................................... 2422
19.8 EFFECTIVE DATE .............................................................................................................................. 2523
19.9 RIGHT OF APPEAL ............................................................................................................................. 2523
19.10 EMPLOYEE REPRESENTATIVE ...................................................................................................... 2523
19.11 APPEAL PROCEDURE ...................................................................................................................... 2523
19.12 WAIVER OF STEPS OR TIME LIMITS ............................................................................................ 2826
19.13 NO INTERRUPTION OF WORK ....................................................................................................... 2826
19.14 WORKING DAY. ................................................................................................................................ 2826
20. GRIEVANCE PROCEDURE ......................................................................................... 2826
20.1 DEFINITION ........................................................................................................................................ 2826
20.2 EMPLOYEE REPRESENTATIVE ...................................................................................................... 2927
20.3 CLASS ACTIONS & ASSOCIATION GRIEVANCES ....................................................................... 2927
20.4 PARTIES’ INTENT .............................................................................................................................. 2927
20.5 PROCEDURE ....................................................................................................................................... 2927
20.6 WAIVER OF STEPS OR TIME LIMITS ............................................................................................. 3129
20.7 NO INTERRUPTION OF WORK ........................................................................................................ 3129
20.8 WORKING DAY .................................................................................................................................. 3129
21. SAFETY AND HEALTH ................................................................................................ 3129
21.1 SAFETY ................................................................................................................................................ 3129
21.2 SAFETY GLASSES PROGRAM ......................................................................................................... 3230
Table of Contents (continued)
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10308567.1 CO286-023
21.3 INOCULATIONS ................................................................................................................................. 3230
21.4 WELLNESS PROGRAM ..................................................................................................................... 3230
21.5 FIT FOR DUTY ........................................................................................................................................... 3230
21.6 STRESS MANAGEMENT ................................................................................................................... 3230
22. BENEFIT PLANS ............................................................................................................ 3230
22.1 GROUP MEDICAL COVERAGE ........................................................................................................ 3230
22.2 DENTAL PLANS ................................................................................................................................. 3836
22.3 LIFE INSURANCE ............................................................................................................................... 3937
22.4 SHORT TERM DISABILITY............................................................................................................... 3937
22.45 ..................................................................................................................................... LONG TERM DISABILITY 3937
22.56 ......................................................................... JOB INJURY LEAVE WITH PAY FOR PPEACE OFFICERS 3937
22.67 .......................................................................................................................... RETIREMENT CONTRIBUTION 4442
22.78 .................................................................................................... RETIREMENT SOCIAL SECURITY OFFSET 4442
22.89 .................................................. CONVERSION OF SICK LEAVE TO RETIREMENT SERVICE CREDIT 4542
22.910 DISABILITY BENEFIT COORDINATION ..................................................................................... 4643
22.101 DEFERRED COMPENSATION ....................................................................................................... 4643
22.112 EMPLOYEE ASSISTANCE PROGRAM ......................................................................................... 4743
22.132 TUITION REIMBURSEMENT ......................................................................................................... 4743
22.13 PEPRA MAXIMUM, COMPENSATION LIMITS…………………………………………………...45
23. TAKE HOME VEHICLES ............................................................................................. 4844
24. UNIFORMS ...................................................................................................................... 4844
24.1 EMBLEMS AND INSIGNIA ............................................................................................................... 4845
24.2 UNIFORM ALLOWANCE .................................................................................................................. 4845
25. REIMBURSEMENT ........................................................................................................ 4945
25.1 DAMAGED OR LOST PERSONAL PROPERTY .............................................................................. 4945
25.2 TRAVEL ............................................................................................................................................... 5147
26. POLICIES AND PROCEDURES .................................................................................. 5348
27. OUTSIDE EMPLOYMENT ........................................................................................... 5449
27.2 PROHIBITED ACTIVITIES ................................................................................................................ 5449
27.3 AUTHORIZATION .............................................................................................................................. 5449
28. RESIDUAL RIGHTS ....................................................................................................... 5550
29. ENTIRE AGREEMENT ................................................................................................. 5550
30. REVISIONS, AMENDMENTS, EXTENSIONS ........................................................... 5550
31. WAIVER ........................................................................................................................... 5550
32. SEVERABILITY CLAUSE ............................................................................................ 5551
33. TERM ................................................................................................................................ 5651
Table of Contents (continued)
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10308567.1 CO286-023
ATTACHMENT A EXTENDED HEALTH CARE COVERAGE....................................... 542 ATTACHMENT B RETIREMENT ALLOWANCE FACTORS ........................................ 586 ATTACHMENT C POLICEMANAGEMENT PROFESSIONALIZATION PROGRAM ........ 597 ATTACHMENT D VACATION CASH OUT ELECTION FORM .................................... 641
1 10308567.1 CO286-023
CONCORD POLICE MANAGERS
Memorandum of Understanding
1. Administrative Leave
Employees shall be entitled to administrative lea ve 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 additiona l leave may only be taken as time off.
2.1. 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 ca lled 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 Memorandum MOU are the duly appointed representatives of the C oncord 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 parti es 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 Uni t” 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) separate 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 conditions 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 sworn 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 July January 1, 201923 – June 30, 20216
2 10308567.1 CO286-023
Except as specifically provided for herein, it is agreed and understood that each par ty 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 unles s the parties mutually agree during the period of the term of this MemorandumMOU; 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 Associat ion, 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 Memorandum of Understanding MOU are for convenience only and are not to b e construed as modifying or governing the language in the section referred to.
3.2. Alcoholic Beverages and Illegal or Controlled Substances
23.1 No member of the Unit shall consume, purchase, or transport for personal use any alcoholic beverage or illegal/c ontrolled substance during any portion of the paid duty time unless directed to do so by a supervisor as part of necessary performance of duties. This includes all breaks, lunch breaks, contract work and overtime hours worked.
23.2 No member of the Unit shall report for duty under impairment as a result of alcohol and/or drug use.
4.3. 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.
5.4. Representation By Employees
54.1 For the purpose of meeting and conferring in good faith regarding wages, hours, and working conditions with a C ertified Employee Organization, the City will provide time off with pay to no more 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.
45.2 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 July January 1, 201923 – June 30, 20216
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.
45.3 Additional employees called by 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 limit ed time required to cover the subject. Meetings held outside of that employee’s normal work hours shall be on the employee’s own time.
45.4 Electronic Mail. Association and Unit representatives may utilize the City’s electronic mail system solely to prov ide 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 S ystems & Related Technologies Usage Policy & Security Guidelines.
6.5. 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.
7.6. Management Rights
The parties to this Memorandum of Understanding (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 employees 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 facilities of any department thereof shall be operated, including any additions thereto; to maintain discipline and efficiency of employees; to schedul e overtime and to run the City efficiently. The parties acknowledge that this provision shall not act, nor deemed to be a waiver of any rights or privileges.
8.7. 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 July January 1, 201923 – June 30, 20216
4 10308567.1 CO286-023
9.8. Hours of Work
98.1 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 o ne 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 t he 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 reque st, meet and confer with representatives of the Association.
All paid leave shall count as hours worked for the purpose of determining eligibility for MOU/Contract overtime.
98.2 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.
89.2.1 The Chief of Police shall administer such program which will provide Police Managers no greater benefit than indicated above.
89.3 Meal Period
Employees assigned to Patrol shall receive a 45-minute on-duty paid meal period subject to call.
9.4 8.4 Emergency Meal
89.4.1 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.
89.4.2 For purposes of this section, “emer gency 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 July January 1, 201923 – June 30, 20216
5 10308567.1 CO286-023
89.4.3 If the emergency circumstances meal break is not tak en in conjunction with the assigned emergency work period, the meal allowance and break time is forfeited and no reimbursement will be made.
98.5 Daylight Savings Time
On any weekend during which there is a change to or from Standard Time to Daylight Savi ngs timeTime, the Chief of Police may adjust work schedules so that those assigned to work do actually work the regular number 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 transition to or from Standard Time to Daylight Savings Time shall be paid any sum except for actual hours worked during said shift.
10.9. Organizational Changes
190.1 Participation
The parties agree that as senior management employees, members of the bargaining unit will act as copartners with the City in effecting organizational change to optimize the provision of efficient and effective public services.
109.2 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 C oncord’s Mission, Vision, Values and Corporate Goals.
11.10. Economic/Budget Update
Quarterly economic/budget updates will be provided to employees.
12.11. Pay
121.1 Salary Adjustments
121.1.1 Effective the first full pay period of July 1, 20192023, the base salar y for wages for all Bbargaining unit classifications will be increased by 35%.
Memorandum of Understanding between the
City of Concord and Concord Police Association July January 1, 201923 – June 30, 20216
6 10308567.1 CO286-023
121.1.2 Effective the first full pay period of July 1, 20240, the base salary wages for all bargaining unit classifications will be increased by 52%.3%.
121.1.3 Effective the first full pay period of July 202 15, the base salary wages for all bargaining unit classifications will be increased by 14%.
12.1.4 Effective the first full pay period of July 2022, wages for all bargaining unit classifications will be increased by 2%.
121.2 Police Management Professionalization PayEducation 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.A description of this program and the incentive pay are shown as Attachment C.
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).
121.3 Anniversary Date of Step Increases
The effective anniversary dates for the purpose of step increase for an eligible employee shall be established as follows:
Memorandum of Understanding between the
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121.3.1 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.
121.3.2 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 the closest pay period at that time.
121.3.3 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.
121.4 Overpayment – Grace Period
121.4.1 Following notice by certified mail, ad dressed 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 employe e to sign a promissory note that guarantees repayment. No grace period shall be allowed for an overpayment of $500.00, or less.
121.4.2 If no such written request as set forth above for a grace period is made, the overpaid monies shall be deducted in su ch manner as the City of Concord deems best.
121.4.3 If a promissory note has not been executed, upon termination of employment by resignation or otherwise of any overpaid employee, any remaining balance due and owing to the City shall be deducted from th e 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 execu te a promissory note to establish the method and manner of repayment of the remaining monies.
13.12. Pay Premium
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132.1 Compensatory Time
The maximum compensatory time accrual shall be 170 hours. Any overtime earned which would cause the accrued compensatory t ime 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:
132.1.1 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 out period.
132.1.2 Payment of the cash in lieu of compensatory time off sh all be made not later than the last payday of the next month following the date the officer elected to receive such cash payment.
132.1.3 Absent a declared emergency, requests for use of accumulated compensatory time off shall be honored when such request s are submitted with seven (7) calendar days advanced notice.
132.2 Court Appearances
132.2.1 The City shall compensate Managers for court appearances. The compensation shall be at straight 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 overtim e 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:
132.2.1.1 Within the Manager’s normal work week, any court appearance that occurs after a Manager’s regular shi ft shall be compensated at the Manager’s overtime rate for a
minimum of three (3) hours.
123.2.1.2 Within the Manager’s normal “weekend” of any court appearance that occurs after completion of the last shift of the Manager’s normal work week and two (2) h ours 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
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shall be compensated for the actual time involved at the Manager’s overtime rate.
132.2.1.2.1 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
overtime at the Manager’s overtime 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.
132.2.1.3 If any court appearance extends beyond the minimum number of hours guaranteed for that court appearance, the Manager’s compe nsation shall continue at the Manager’s overtime rate continuously until released from the court appearance.
132.2.1.4 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:
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132.2.1.4.1 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 beginning of a first court
appearance, the Manager shall be entitle d 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.
132.2.1.4.2 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) h ours 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.
132.2.1.5 For purposes of this provision relating to court appearances, pre -trial conferences approved by attorneys shall be considered court appearances.
132.2.1.6 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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14.13. Holidays
143.1 The following holidays shall be observed:
New Year’s Day January 1st
Martin Luther King, Jr. BirthdayDay 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 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.
143.2 In addition, three (3) hours of compens atory 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.
143.3 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.
143.4 Employees assigned to Patrol and any others d esignated 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.
143.5 All hou rs 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
15.14. Vacation
In accordance with Policy & Procedure No. 37.17, VACATION.
154.1 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 employee 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 approved vacation, sick leave, or compensatory time off.
154.2 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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154.3 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.
154.4 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.
154.5 Vacation Usage
154.5.1 When possible, vacat ion should be taken within the year following the accrual year and must be requested in advance.
154.5.2 All scheduling of vacations is to be approved by the Chief of Police (or such person’s designated representative) giving due consideration to the wishes of the employee and the work requirements of the City.
154.5.3 Vacation may not be taken beyond that amount
accrued. The authorization by the Chief of Police for vacation does not constitute authorization of paid 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.
154.5.4 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.
154.5.5 Vacation may be used for any authorized absence (except disciplinary suspension ) when no other paid leave resource is available.
154.6 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.
154.7 Cash Payment in Lieu of Vacation Time Off
For the purposes of reduc ing 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.
154.8 Vacation Pay Upon Termination
The equivalent cash val ue 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 per Administrative Policy-Vacation 37.17. Currently usage is limited to 80 hours . Vacation is paid at the base hourly rate of pay.
154.9 Upon Death
Upon the death of an employee, payment of any unused vacation balance shall be made to that p erson 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 leave 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 tak en 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 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 writin g
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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:
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 anni versary 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 pay range which is at l east 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 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.
16.4 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 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
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17.1 Use of Sick Leave
17.1.1 An eligible employee may use accrued sick leave for the following:
17.1.1.1 In the case of a bona fide illness of the employee.
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17.1.1.2 In the event of the serious illness of a member of the employee’s immediate f amily, 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, the 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 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.
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17.1.2.5 If the empl oyee’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. I f
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 employee’s supervisor, a ppointing 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 employee’s supervisor, appo inting 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.
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 immediate supervisor) withi n 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 status 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 Dut y 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 remain in a regular p ay 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 service 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 department 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 upon request may be gra nted 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 pay for periods greate r 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 Authorized 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 R eturn from Authorized Leave of Absence without Pay .
Failure of an employee to return to employment upon the termination of any authorized leave of absence whithoutwithout pay shall constitute a separation from service of that employee, unless such 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 an d 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 reinstatement right, a n 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 Resou rces 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 emplo yee 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 t ime (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 duty under imp airment 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 pris on; 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, Administrative Di rective 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 disciplinary action s 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 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 f orms 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 sh all 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 service. Reduc tion 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.
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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 salary in the cl assification 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 verbally or in wr iting. 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 Resources Departme nt 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 possi ble 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 Intent 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 days 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 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.
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 specific charg es 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.
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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 to the date s uch 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 disciplinary writ ten 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 emplo yee 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 th e 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 rece ipt 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 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.
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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 Arbitration” s igned 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 Board . In con sidering 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 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. After a toss of a coin to decide w hich 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 st ricken 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 Procedures for Dis ciplinary 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 arg ument 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 app ropriate 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, ru les, 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 an y 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 sa id 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 discipline 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, excluding holid ays 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 of the Person nel 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 case, the emplo yee 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 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.
20.5 Procedure
20.5.1 First Step . The employee or employees concern ed 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 grievanc e 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 de termine 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 r eaching 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 grie vance 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.
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 arbitration, 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 a nd 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. 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 Cali fornia 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.
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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 w age 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 whic h 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 provided reasonabl e 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 considering th e 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 performing 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 the provisi ons 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 continue to c ontract 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 contribution toward s 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 shall provides a salary reduction program which allows employees to make pre-tax contributions for dependent care and health benefit premiums in acc ordance with Internal Revenue Service (IRS) codes 125/129.
22.1.2.1 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.
22.1.2.2 Pursuant to changes in the preceding paragraph, t The 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.
22.1.2.3 The City ’s total contribution on behalf of each active employee is an amount which, together with the minimum
PEMHCA con tribution, equals the City contribution
calculated in Section 22.1.1. For 20 2319, the PEMHCA
minimum is $136151.
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[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.]
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 emplo yee 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 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 altern ative 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.
22.1.2.5 Consistent with applicable law s 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;
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b. Child care exp enses 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
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, determi ned 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 memorialize 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) o f 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 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.
21.1.3.3 Plan Types:
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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)
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
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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 medical plan with a premium less than the City’s fixed contribution, the City 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 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 employe e 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 prior 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 aggregat e 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
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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.
22.1.4 The parties agree to re -open to meet and confer on regulatory changes related to the Affordable Care Act which arise du ring 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 d isabled 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 Cit y 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
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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 descr ibed health insurance program with contradicting the concept of “present level of coverage.”
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 Short Term Disability
The parties agree that the short term disability benefit shall no longer apply to the members of this bargaining unit.
22.54 Long Term Disability
The City will maintain the current Long Term Disability benefit program during the term of this MOU.
22.65 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. Su ch leave shall be administered according to the following provisions:
22.65.1 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 injury or i llness arising out of and in the course of employment with the City of Concord, shall be eligible for 4850 benefits.
22.56.2 Disability Determination . The determination of temporary total, or partial disability shall be made by the City’s appointed med ical 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 b e binding upon both the City and the police officer with respect to: (I) disability;
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(2) whether the disability is job-incurred; and (3) whether the disability is total, temporary, partial, or permanent and stationary.
22.56.3 Compensation During Job Injury Leave
22.56.3.1 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 d esignated to be included in base pay). If temporary disability indemnity is not provided during the workers’ compensation waiting period, or for partial days lost due to the job -incurred disability, 4850 benefits shall be provided.
22.65.3.2 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.
22.56.3.3 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
22.65.3.4 Other Disability Income . Benefits paid the disabled police officer by private pla ns paid for by that employee and without participation by the City shall be in addition to income provided by 4850 benefits.
22.56.4 Duration of Leave. The eligible police officer shall be entitled to 4850 benefits for the period of temporary disability n ot 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
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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 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 th e 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 the 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 unabl e 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 Soc ial Security disability benefits paid to the officer or the officer’s dependents.
22.56.5 Impact of 4850 Benefits on Other Benefit Programs
22.56.5.1 Commencing August 1, 1989, employees who are on 4850 leave shall accrue sick and vacation leave and sha ll receive any regular uniform allowance, Leave accrual and uniform allowance shall not exceed 12 months while on temporary job injury leave.
22.56.5.2 Life Insurance . The amount of life insurance then in effect and provided by the City at the time of th e 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.
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22.56.5.3 Medical and Dental Plans . While on 4850 benefits, the City will continue to pay on be half 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.
22.65.5.4 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 the Concord Retirement System. Effective J une 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.
22.65.6 Step Increases. The interval between any step increase for which the police officer would ot herwise 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.
22.65.7 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 app ointment period shall be extended by the duration of 4850 leave.
22.65.8 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 a ccording to their regulations.
22.65.9 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 em ployee shall 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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22.56.10 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 disability 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 disabili ty when all of the following conditions are met:
22.65.10.1 The injury/illness causing the disability occurs on or after July 2, 1984; and
22.65.10.2 The disability has been accepted by the City’s workers’ compensation claims administrator as being a d isability arising out of and in the course of employment; and
22.65.10.3 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.
22.65.10.4 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:
22.65.10.5.1 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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22.65.10.5 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 declaration of permanent and stationary and
inability to return to work in his/her own occupation,
whichever occurs first.
22.76 Retirement Contribution
22.67.1 The City provides retirement benefits to employees under the California Public Emplo yees Retirement System (“ CalPERS”) and, in the administration of the retirement program, PERS Rules and Regulations shall apply.
22.67.2 “Classic employees” participate in the CalPERS 3% at 50 plan. Classic employees contribute 129% member contribution to CalPERS..
22.7.2.1 Effective the first full pay period in July 2020, Classic employees will contribute an additional 2% (11% total), toward their member contribution to CalPERS.
22.7.2.2 Effective the first full pay period in July 2022, Classic employees will contribute an additional 1% (12% total), toward their member contribution to CalPERS.
22.67.34 “New members” hired after January 1, 2013 under the Public Employee Pension Reform Act (PEPRA) , participate in the California Public Employees Retir ement 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.
22.67.45 New members pay 50% of the normal cost for their pension benefit as identified by CalPERS.
22.78 Retirement Social Security Offset
Effective September 1994, the City shall amend its contract with the Public Employees’ Retirement System (PERS) to include the provis ion called “Full Formula Plus Social Security” as defined in Section 20499 of the Public
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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.
22.89 Conversion of Sick Leave to Retirement Service Credit Upon retirement, unused accrued sick leave can be used to extend serv ice 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 o f 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.
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22.910 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 of 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.
22.1011 Deferred Compensation
Management employees shall be eligible to participate voluntarily in the City of Concord Deferred Compensation Plan subject to Internal Revenue Service approval. Further, the City shall provide an emplo yer-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.
22.1011.1 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 all Concord Police Managers’ Representation Unit members. The contribution will be made on a per-pay-period basis.
22.1011.2 Effective the first full pay period in July 2020 through the last pay period including days in 2022, Management employees have will 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 for FY 20/21.
22.1011.3 Effective the first full pay period in 2023, July 2021, the City’s contributions to Management employees’ will forgo the employer-paid deferred compensation accounts shall rec ommence in an
amount401(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 for FY 21/22.
22.11.4 Effective the first full pay period in July 20 22, Management employees will forgo 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 for FY 22/23.
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22.121 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.
22.132 Tuition Reimbursement
22.132.1 The application 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%.
22.132.2 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 Brok er.” Further, the City shall not recognize or pay for in any way any “life experience” credits that may be granted by any educational institution.
22.132.3 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 institution 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 and software and battery operated or electric calculators.
22.143 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 take 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 p atches 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 fo r rank involved. This does not include service 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) se ts 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 Manager.
24.2 Uniform Allowance
24.2.1 Beginning July 1, 2022, an annual uniform allowance shall be p aid 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 27 th pay period in the fiscal year, there shall not be a payment in the 27 th pay period. A uniform allowance will be made the first full pay period in
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July. The annual uniform allowance shall be one thousand four hundred dollars ($1,400.00) annually.
24.2.21 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.
24.2.32 On a one -time non -precedent setting basis, employ ees 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 throug hout 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 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.
24.2.43 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 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.
25.1.1 The City will process and review employe e 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.
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25.1.2.3 Employee carelessness, negligence, or lack of proper care.
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 part 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 incident which resulted in loss or damage. Claims submitted more than 30 days
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following the incident may be considered only if the Chief of Police accepts an explanation for the delay.
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 provid e 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.
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 pro cessed 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 ap proved function. The following guidelines shall govern the approval of the City Manager. In areas not specifically covered, 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 will obtain approval of the Chief of Police and the City Manager prior to incurring City reimbursable expenses when business or function wil l require them to be away from work for a full day or more, or require overnight absences.
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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 lieu of flying, when it does not necessitate more time away from the 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.
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25.2.4 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.
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. Transportation of persons other than employees or official City delegates is authorized by the City Manager only in situations where it rela tes 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 required to be filed for all major expenses when available such as registration, hotel, and travel.
26. Policies and Procedures
Prior to con sideration by the City Council, the City agrees to provide 20 working days’ notices’ 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.
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27. Outside Employment
27.1 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. An employee shall not perform any work, service, or counsel for compensation outside of such employment where any part of h is 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, sub ject 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 other than the capacity of the employee, which act may later be subject directly or indirectly to the control, inspection, review, audit, o r 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 en gage in an occupation or outside activity for compensation and having any reason to question whether this activity might 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 th e 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 ma ximum 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
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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 Memorandum of Understanding 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 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 Und erstanding 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 MOUMemorandum of Understanding shall be effective upon ratification a nd approval by the members of the Unit Concord Police Managers’ 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, 202 63.July 1 , 20 19 through June 30, 2021. The parties shall reopen negotiations by March 15, 202120236.
If negotiations are not completed by the end of the term, this Memorandum of UnderstandingMOU 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”
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 July 1, 1998 retirement medical cove rage 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 membership is limited to unit members who ar e 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 Concord Retirement System retirees wh o 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 eligibilit y 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 Unused 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 a s 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
58 10308567.1 CO286-023
disability provisions of the City of Concord Retirement 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 extende d 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 hea lth 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 an d 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 one month of prepaid health care cov erage 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 of the number of months of health ca re 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 benefits for 1995/96.
Employee $142.11
Employee + 1 $284.22
Employee + 2 $378.02
Attachment “A” (continued)
59 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. 41, 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 Section s 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 balance 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 Serv ice 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)
60 10308567.1 CO286-023
leave computed at the rate set forth in Sec tion 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 am ount 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 Section D.2.b. above, if the Police Empl oyee 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 longer participate in the extended h ealth 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 decease d 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 required for such coverage. Health care co verage 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 affects a Police Employee’s rights u nder Section 2809.B.6. of the Retirement Ordinance to convert all unused sick leave to retirement service credit.
61 10308567.1 CO286-023
ATTACHMENT “B”
RETIREMENT ALLOWANCE FACTORS - POLICE EMPLOYEES
Age at
Retirement Factors
50 1.0000
50-1/4 1.0175
50-1/2 1.0350
50-3/4 1.0525
51 1.0700
51-1/4 1.0875
51-1/2 1.1050
51-3/4 1.1225
52 1.1400
52-1/4 1.1575
52-1/2 1.1750
52-3/4 1.1925
53 1.2100
53-1/4 1.2275
53-1/2 1.2450
53-3/4 1.2625
54 1.2800
54-1/4 1.2975
54-1/2 1.3150
54-3/4 1.3325
55 and over 1.3500
Effective June 21, 1993, the Retirement
Allowance Factors covered by the City
contracted PERS Plan shall be applicable.
62 10308567.1 CO286-023
ATTACHMENT “C”
POLICE MANAGEMENT PROFESSIONALIZATION PROGRAM
1. Elimination
As set forth in the 2023-2026 MOU at Section 12.2, the Police Management Professionalization Program shall be eliminated no later than the first full pay period in July 2023 and this Attachment C shall be void.
1.2.Purpose
To establish a Police Management Professionalization Program that increases the standards and requirements for Police Lieutenants and Captains to meet the needs of the City of Concord. Upon achieving the rank of Lieuten ant or Captain, or if appointed in a provisional or acting capacity, managers will be eligible for participation in the program.
2.3.Exclusions
2.13.1 This policy does not apply to the Chief of Police.
2.23.2 Any course or c ollege degree program which includes college cr edits for “life experience” shall not be recognized by the City as qualifying for the Police Professionalization Program.
3.4.Definitions
3.14.1 Base salary means the appropriate salary step in the Pay Range adopted for the class.
3.24.2 P.O.S.T means the California Commi ssion on Peace Officer Standards & Training.
3.34.3 Program year means from August 1 through the following July 31.
3.44.4 Satisfactory completion of course(s) means the attainment of a letter grade “C” or better’ a “pass” grade if grade on a pass-fail basis; or a certificate of completion.
4.5.General
It is the intent of the City of Concord to maintain high quality police service to cope with increased demands placed upon this function due to judicial, legislative, technical and social changes. Incumbent police manager s are encouraged to meet the higher requirements for their own classification and to become prepared for advancement through a salary incentive program.
Attachment “C” (continued)
63 10308567.1 CO286-023
5.6.Policy
The City of Concord will establish and maintain a Police Management Professionalization Program designed for the experienced manager who is interested in a broad academic and specialized training background.
Attachment “C” (continued)
64 10308567.1 CO286-023
6.7.Participation
During each program year, an eligible police lieutenant or captain shall be entitled to receive additional percentage of pay over base salary according to the table at the end of Attachment C. Such incentive pay shall be effective at the beginning of the pay period following fulfillment of conditions.
7.8.Provisions
7.18.1 The requirements for the P.O.S.T. Intermediate and Advanced Certifi cates are those set forth by the California Commission on Peace Officer Standards and Training.
7.28.2 Qualifying courses, college or specialized training programs, or research projects are to be pursued during off -duty time 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.
7.2.18.2.1 Routine exercises to maintain proficiency with firearms or other similar police skills.
7.2.28.2.2 The hours spent attending Police Department mandatory training programs for which there is compensation.
7.2.38.2.3 The hours spend performing homework assignments or other preparatory work in connection with an academic or special course of instruction.
7.2.48.2.4 The hours spent preparing and presenting speeches as a representative of the Police Department.
7.38.3 Police managers are encouraged to complete the requirement for advanced college degrees. The approved fields of specialty for such degrees is to be broadly interpreted to provide for the professional growth of the police manager; however, courses which are not creditable toward a degree program or such programs that are pursued for a vocational interest, rather than professional growth, may not satisfy the requirement for salary incentives under the Police Management Professionalization Program.
7.48.4 The Police Department shall provide job -related specialized training periodically through the year and make such training available during off-duty hours.
7.58.5 The appropriate Police Management Professionalization Program salary incentives shall be added to each paycheck while the Police Manager is qualified under this program. The effective date of any increase in level of participation
Attachment “C” (continued)
65 10308567.1 CO286-023
shall be at the beginning of a pay period following attainment of the appropriate P.O.S.T certificate or advanced 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 compl eted during the previous program year.
7.5.18.5.1 Salary incentives for participation in the Police Management Professionalization Program shall be payable only while the Police Manager is actively employed with the City. The incentive salary shall be in addition t o base pay. 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 case on the date of separation from the Police Department.
7.5.28.5.2 In the event a Police Manager entitled to a salary incentive under the Police Management Professionalization Program leaves the employ of the City for any reason, the Police Manager shall receive the prop ortionate amount of incentive (less any non -qualifying time as specified in Section
7.5.1 above) at the time the final wage is being processed.
8.9.Responsibilities
8.19.1 The Chief of Police shall be responsible for administration of this policy.
8.1.19.1.1 The Chief of Pol ice shall initiate a “Notice of Personnel Action” form to add, change, suspend, or remove the salary incentives as provided by the Police Management Professionalization Program.
8.29.2 The Finance Director shall add the appropriate salary incentive to each paycheck for each police manager entitled to a salary incentive provided by in accordance with this Policy Statement upon receipt of the approved “Notice of Personnel Action” form as indicated in Section 8.1.1 above.
8.2.19.2.1 The Finance Director shall use the appropri ate salary steps contained in the City’s salary schedule to calculate the percentage incentive payment, which is subject to retirement and other benefits.
8.39.3 The Human Resources Department may periodically audit and make recommendations to the Chief of Pol ice and/or the City Manager regarding the status and administration of this policy.
Attachment “C” (continued)
66 10308567.1 CO286-023
POLICE MANAGEMENT PROFESSIONALIZATION PROGRAM
PAY RATES: EFFECTIVE 08/01/16
Police Lieutenant
2.5% Training Pay
7.5% Masters’ Degree
10% Masters’ Degree + 2.5% Educational Incentive
Police Captain
2.5% Training pay
5% Masters’ Degree
7.5% Masters’ Degree + Training Pay
67 10308567.1 CO286-023
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 applicable 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 submitting 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 for 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 _________
68 10308567.1 CO286-023
Verification of completed process _________________________________________ Date ________
Memorandum of Understanding between the
City of Concord and Concord Police Association Julyanuary 1, 201923 – June 30, 20216
69 10308567.1 CO286-023
Signatures
For the UnionPMA
For the City
Garrett VoergeJames Nakayama Valerie Barone
Negotiating Team Member City Manager
Jeff KriegerGreg Rodriguez Jasmin Loi
Negotiating Team Member Director, of Human Resources
Rockne A. Lucia, Jr. Lisa S. Charbonneau
Chief Negotiator Chief Negotiator
_____________________________________
_____________________________________
Joe Higby
Labor Relations RepresentativeConcord
Police Association
From: Loi, Jasmin <[email protected]>
Sent: Tuesday, December 13, 2022 1:55 PM
To: [email protected]
Cc: City Clerk <[email protected]>
Subject: RE: Pull item agenda
Good afternoon Mr. Anthony,
This is the information we have readily available. The current salary schedules for all classifications within the City are available here: https://www.cityofconcord.org/DocumentCenter/View/7975. The classifications covered by tonight’s agenda item are at the bottom of page 6 (POA and POA MGMT). On
rates as of January 9, 2023 for Police Officers and Sergeants. There is no change to the salaries for PMA members in January of 2023. The compensation adjustments will be paid from the City’s General Fund budget. The total cost of the compensation adjustments by bargaining group is listed in the Financial Impact section of the staff report and will require additional appropriations in FY2022-23 to implement the contracts. Future budgets will build in the terms of the MOUs for FY 2023-24, 2024-25 and 2025-26.
A Yes vote means Council member supports the agreement and related appropriation. A No vote means, Council member does not support the agreement and the related appropriation. “Approved” means, the agreement will be implemented and “Rejected” means, the unions and the City will have to resume negotiations. If you need additional information, please let us know.
Thank you.
Jasmin Loi
Director of Human Resources
City of Concord | Website: www.cityofconcord.org
(925) 671-3310 | [email protected]
1950 Parkside Drive, MS/30, Concord, CA 94519
PRIVILEGED AND CONFIDENTIAL COMMUNICATION - This electronic transmissio n, and any documents attached hereto, may contain confidential and/or legally privileged information and is intended only for use by the recipient named above. Any dis closure, copying, distribution, or use of such information received in error is prohibite d. Please delete and notify sender if you received this message in error.
Benched Correspondence
Agenda Item No. 4.h
December 13, 2022
From: D'Marco Anthony <[email protected]>
Sent: Monday, December 12, 2022 3:18 PM
To: City Clerk <[email protected]>
Subject: Re: Pull item agenda
Hello. Yeah, I did have a lot of questions when I read the item agenda. I was wondering what the officers’ pay is/would be before/after the pay raises. Would all/some/none of this come from the city budget? I was also curious how their pay/pay raises compare to other cities in California.
What exactly does a “yes” or “no” vote mean for this item agenda, and what would happen if this item is approved/rejected?
Thank you for following up,
-D'Marco J. Anthony
On Monday, December 12, 2022, 01:48:12 PM PST, City Clerk <[email protected]> wrote:
Hello Mr. Anthony – I will ask the Mayor to remove the item from the Consent Calendar. Do you have questions regarding the item that staff can answer prior to tomorrow night?
Joelle Fockler, MMC | City Clerk
City of Concord | Website: www.cityofconcord.org
(925) 671-3390 | [email protected]
From: D'Marco Anthony <[email protected]>
Sent: Monday, December 12, 2022 1:36 PM
To: City Clerk <[email protected]>
Subject: Pull item agenda
Hello. I would like to pull item 4h from the consent calendar.
Thanks,
D’Marco J. Anthony
Staff Report
Date: December 13, 2022
To: City Council
From: Valerie J. Barone, City Manager
Prepared by: Joelle Fockler, MMC, City Clerk
[email protected]
(925) 671-3390
Subject: Considering adoption of a Resolution declaring the ability of the City Council, Local Reuse Authority, Concord/Pleasant Hill Health Care District, standing City Council Subcommittees, and all City boards, commissions (including the Planning Commission), and committees to continue to meet remotely, pursuant to AB 361. Recommended by the City Clerk.
CEQA: Not a project/exempt pursuant to Public Resources Code Section 21065, 14 Cal Code Reg. Sections 15060(c)(2), 15060(c)(3), 15061(b)(3) and/or 15378.
Report in Brief
Adopt a Resolution declaring the ability of the City Council, Local Reuse Authority, Concord/Pleasant Hill Health Care District, standing City Council Subcommittees, and all City boards, commissions (including the Planning Commission), and committees to meet remotely, pursuant to AB 361.
Recommended Action
Adopt a Resolution declaring the ability of the City Council, Local Reuse Authority, Concord/Pleasant Hill Health Care District, standing City Council Subcommittees, and all City boards, commissions (including the Planning Commission), and committees to meet remotely, pursuant to AB 361.
Background
On March 4, 2020, the Governor of the State of California (“Governor”) issued a Proclamation of a State of Emergency due to COVID-19. Such proclamation remains in effect, as are the facts, circumstances, and emergency under which it was issued.
4.i4.i
City Council Agenda Report
Agenda Item No. 4.i
December 13, 2022
On March 17, 2020, Governor Newsom issued Executive Order N-29-20 allowing local legislative bodies to hold meetings via teleconference and to make meetings accessible electronically without violating the open meeting laws found in the Ralph M. Brown Act (California Government Code Sections 54950 et seq., “Brown Act”).
On March 19, 2020, the City Council adopted Resolution No. 20-12 ratifying the City of Concord Director of Emergency Services Proclamation of Local Emergency dated March 13, 2020.
Since the enactment of the Executive Order, local legislative bodies in California have been able to hold public meetings by “teleconference” (a term that includes video conferencing) without complying with all the following Brown Act requirements for teleconference meetings.
Give notice of each teleconference location from which a member will be participating in a public meeting and each teleconference location must be specifically identified in the meeting notice and agenda, including full address and room number;
Each teleconference location must be accessible to the public; Members of the public must be able to address the body at each teleconference location;
Post agendas at all teleconference locations; and
During teleconference meetings, at least a quorum of the members of the local body must participate from locations within the boundaries of the territory over which the local body exercises jurisdiction.
In March 2020, staff transitioned meetings to TEAMS and then Zoom for all City meetings. Zoom meetings have allowed the City Council, City Council Committees, and the City’s boards, commissions, and committees to continue to conduct City business from the safety of their homes. The usage of Zoom for public meetings for the last 31 months has allowed the City to ensure the public’s continued access to meetings while also ensuring the public’s safety.
On June 11, 2021, Governor Newsom issued Executive Order N-08-21, which, among other things, rescinded his prior Executive Order N-29-20 and set a date of October 1, 2021, for public agencies to transition back to public meetings held in full compliance with the Brown Act.
The California state legislature adopted AB 361 as an urgency measure. AB 361 was signed by the Governor on September 16, 2021, and became effective immediately. AB 361 amends the Brown Act to allow local legislative bodies to continue meeting remotely using teleconferencing and virtual meeting technology as long as there is (1) a
City Council Agenda Report
Agenda Item No. 4.i
December 13, 2022
“state of emergency” pursuant to Government Code Section 54953(e)(4), and (2) the local legislative body making certain findings including that state or local officials have imposed or recommended measures to promote social distancing or that meeting in person would present imminent risks to the health or safety of Attendees.
Since September 28, 2021, the City Council sitting as the City Council, Local Reuse Authority and Concord/Pleasant Hill Health Care District has regularly adopted resolutions consistent with the findings required by AB 361 to enable teleconference meetings. The City Council sitting as the City Council, Local Reuse Authority, and Concord/Pleasant Hill Health Care District must adopt a Resolution at tonight’s meeting to allow public meetings by teleconference for the next 30 days, through January 12, 2023.
Analysis
The stated aim of AB 361 is “to improve and enhance public access to local agency meetings during the COVID-19 pandemic and future applicable emergencies, by allowing broader access through teleconferencing options,” AB 361 allows local legislative bodies to meet remotely if there is a gubernatorial proclaimed “state of emergency” and a local legislative body finding that state or local officials have imposed or recommended measures to promote social distancing or that meeting in person would present imminent risks to the health or safety of Attendees.
If the state of emergency remains active for more than 30 days, a local agency must make the following findings by majority vote every 30 days to continue using the bill’s exemption to the Brown Act teleconferencing rules.
The legislative body has reconsidered the circumstances of the emergency; and Either of the following circumstances exist: The state of emergency continues to directly impact the ability of members to meet safely in person, or State or local officials continue to impose or recommend social distancing measures.
The City Council must make findings regarding the circumstances of the emergency and vote to continue using the law’s exemptions every 30 days. Given the Governor’s State of Emergency remains in place and the Contra Costa County Health Officer continues to recommend social distancing, the City Council can make the necessary findings to adopt a Resolution to continue using AB 361’s exemption.
Environmental Determination
This action does not constitute a “project” within the meaning of Public Resources Code Section 21065, 14 Cal Code Reg. Section 15060(c)(2), 15060(c)(3), and/or 15378 because it has no potential for resulting in either a direct physical change in the environment, or a reasonably foreseeable indirect physical change in the environment.
In addition, this action is categorically exempt pursuant to Section 15061(b)(3), “Review for Exemptions” of the CEQA Guidelines because there is no possibility that it may have
City Council Agenda Report
Agenda Item No. 4.i
December 13, 2022
a significant effect on the environment, and no further environmental review is required.
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.
Financial Impact
There is no financial impact.
Public Contact
The City Council Agenda was posted.
Attachment
1. Resolution declaring the ability to continue to meet remotely, pursuant to AB 361
Res No. 22-XX
LRA Res. No. 22-XX
CPHHCD Res. No. 22-XX 1
BEFORE THE CITY COUNCIL OF THE CITY OF CONCORD, CITY CONCIL SITTING
AS THE LOCAL REUSE AUTHORITY, CITY COUNCIL SITTING AS THE
CONCORD/PLEASANT HILL HEALTH CARE DISTRICT
COUNTY OF CONTRA COSTA, STATE OF CALIFORNIA
A Resolution Declaring the Ability of the City
Council, Local Reuse Authority, Concord/Pleasant
Hill Health Care District, Standing City Council
Subcommittees, and all City Boards, Commissions,
and Committees to Continue to Meet Remotely
Pursuant to AB 361
City Council Resolution No. 22-XX
Local Reuse Authority Resolution No. 22-XX
Concord/Pleasant Hill Health Care District Resolution No. 22-XX /
WHEREAS, on March 4, 2020, the Governor of the State of California (“Governor”) issued a Proclamation of a State of Emergency due to COVID-19. Such proclamation remains and is in effect as of the date of this Resolution, as are the facts, circumstances, and emergency under which it was issued; and
WHEREAS, on March 19, 2020, pursuant to Resolution No. 20-12, the City Council of the City of Concord (“City Council”) ratified the City of Concord Director of Emergency Services Proclamation of Local Emergency dated March 13, 2020; and WHEREAS, on March 17, 2020, the Governor issued Executive Order N-29-20 allowing local legislative bodies to hold remote meetings via teleconference and to make such meetings accessible electronically without violating the open meeting laws found in the Ralph M. Brown Act Ralph M. Brown Act (California Government Code Sections 54950 et seq., “Brown Act”); and WHEREAS, on June 11, 2021, the Governor issued Executive Order N-08-21, which placed an end date of September 30, 2021, on such authority; and WHEREAS, since the issuance of Executive Order N-08-21, Delta and Omicron variants emerged, causing spikes in COVID-19 cases throughout the state; and WHEREAS, pursuant to Executive Orders N-29-20 and N-08-21, the legislative bodies of the local agency City of Concord (“City”) including its City Council, standing Council subcommittees, Local Reuse Authority, Concord/Pleasant Hill Health Care District, and all City boards, commissions Attachment 1
Res No. 22-XX
LRA Res. No. 22-XX
CPHHCD Res. No. 22-XX 2
(including the Planning Commission), and committees (collectively, “City Bodies”), have been holding remote meetings using teleconferencing and virtual meeting technology in an effort to help protect the public, members of City Bodies, and City staff attending such meetings (“Attendees”) from COVID-19; and
WHEREAS, due the rise in COVID-19 cases, including numerous variants, the City continues to be deeply concerned about protecting the health and safety of Attendees, particularly given that even fully vaccinated people have contracted the most recent variants, people may have and transmit the virus before knowing they are infected and/or if they are asymptomatic; City staff and/or officials have experienced COVID-19 outbreaks and/or exposures; meetings of City Bodies often last several hours, and City meeting facilities are limited in space with seats are close together, and City facilities have restricted air flow; and
WHEREAS, the California state legislature adopted AB 361 as an urgency measure that was signed by the Governor on September 16, 2021, effective immediately. AB 361 amends the Brown Act to allow local legislative bodies to continue meeting remotely using teleconferencing and virtual meeting technology as long as there is a “state of emergency” proclaimed by the Governor pursuant to Government Code Section 54953(e)(4) and upon the local legislative body making certain findings including that state or local officials have imposed or recommended measures to promote social distancing or that meeting in person would present imminent risks to the health or safety of Attendees; and
WHEREAS, the County Health Officer continues to recommend social distancing and the use of online meetings in order to safely hold public meetings, most recently through an October 4, 2022 letter; and
WHEREAS, the County Health Officer has confirmed that the above recommendations to continue social distancing and use online meetings remain in place despite the rescission of formal health orders on October 21, 2022; and
WHEREAS, the City desires to continue holding public meetings of the City Bodies remotely using teleconferencing and virtual meeting technology in order to avoid the imminent risk to the health and safety of Attendees; and
Res No. 22-XX
LRA Res. No. 22-XX
CPHHCD Res. No. 22-XX 3
WHEREAS, the City Council, the Local Reuse Authority, and the Concord/Pleasant Hill Health Care District passed Resolution No. 22-68, Local Reuse Authority Resolution No. 22-46, and Concord/Pleasant Hill Health Care District Resolution No. 21-038 on December 6, 2022, in compliance with AB 361. Pursuant to Government Code Section 54953(e)(1)(A), such meeting was held during a proclaimed state of emergency, each of the City Council, the Local Reuse Authority, and the Concord/Pleasant Hill Health Care District determined, by majority vote, 5-0, that, as a result of the emergency, meeting in person would present imminent risks to the health or safety of Attendees. Consistent with that authority, this December 13, 2022, meeting of the City Council, the Local Reuse Authority; and the Concord/Pleasant Hill Health Care District was held remotely using teleconferencing; and
WHEREAS, the facts, circumstances, and emergency under which such determination was made and Resolution No. 22-68 Local Reuse Authority Resolution No. 22-46, and Concord/Pleasant Hill Health Care District Resolution No. 22-038 was adopted continue to exist as of the date of this Resolution; and
WHEREAS, the City Council, the Local Reuse Authority, and the Concord/Pleasant Hill Health Care District after giving all public notices required by State Law and the Concord Municipal Code, held a duly noticed joint public meeting on December 13, 2022; and WHEREAS, at such public meeting, the City Council, the Local Reuse Authority, and the Concord/Pleasant Hill Health Care District considered all pertinent oral and written information, exhibits, testimony, and comments received during the public review process, including, without limitation, information received at the public meeting, the oral report from City staff, the written report from City staff dated December 13, 2022, this Resolution, and all other information on which each of the City Council, the Local Reuse Authority, and the Concord/Pleasant Hill Health Care District has based its decision (collectively, “Remote Meeting Information”). //
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Res No. 22-XX
LRA Res. No. 22-XX
CPHHCD Res. No. 22-XX 4
NOW, THEREFORE, THE CITY COUNCIL, THE CITY COUNCIL SITTING AS
THE LOCAL REUSE AUTHORITY, AND THE CITY COUNCIL SITTING AS THE
CONCORD/PLEASANT HILL HEALTH CARE DISTRICT OF THE CITY OF CONCORD DOES RESOLVE AS FOLLOWS:
Section 1. Recitals. Each of the City Council, the Local Reuse Authority, and the Concord/Pleasant Hill Health Care District hereby finds and determines that the foregoing recitals are true and correct; the recitals are hereby incorporated by reference into each of the findings as though fully set forth therein. The recitals and the information below constitute findings in this matter, and together with the Remote Meeting Information, serve as an adequate and appropriate evidentiary basis for the findings and actions set forth herein. Any exhibits attached to this Resolution are incorporated herein by reference.
Section 2. CEQA. This action does not constitute a “project” within the meaning of Public Resources Code Section 21065, 14 Cal Code Reg. Section 15060(c)(2), 15060(c)(3), and/or 15378 because it has no potential for resulting in either a direct physical change in the environment, or a reasonably foreseeable indirect physical change in the environment. In addition, this action is categorically exempt pursuant to Section 15061(b)(3), “Review for Exemptions” of the CEQA Guidelines because there is no possibility that it may have a significant effect on the environment, and no further environmental review is required. 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 3. AB 361 Findings. Each of the City Council, the Local Reuse Authority, and the Concord/Pleasant Hill Health Care District hereby finds the following:
a. A state of emergency remains active.
b. State or local officials have imposed or recommended measures to promote social distancing.
c. Each of the City Council, the Local Reuse Authority, and the Concord/Pleasant Hill Health Care District have reconsidered the circumstances of the state of emergency. d. The following circumstances exist:
Res No. 22-XX
LRA Res. No. 22-XX
CPHHCD Res. No. 22-XX 5
(i) The state of emergency continues to directly impact the ability of Attendees to meet safely in person.
(ii) State or local officials continue to impose or recommend measures to promote social distancing.
Section 4. As of December 13, 2022, meetings of City Bodies may continue to be conducted remotely using teleconferencing and virtual meeting technology for the next 30 days in compliance with AB 361. The City Council, the Local Reuse Authority, and the Concord/Pleasant Hill Health Care District will revisit the remote conduct meetings of City Bodies within 30 days of the adoption of this Resolution.
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, the Local Reuse Authority, and the Concord/Pleasant Hill Health Care District on December 13, 2022, by the following vote:
AYES: Councilmembers -
NOES: Councilmembers -
ABSTAIN: Councilmembers -
ABSENT: Councilmembers -
I HEREBY CERTIFY that the foregoing City Council Resolution No. 22-XX, Local Reuse Authority Resolution No. 22-XX and Concord/Pleasant Hill Health Care District Resolution No. 22- XX were duly and regularly adopted at a regular joint meeting of the City Council of the City of Concord, the Local Reuse Authority, and the Concord/Pleasant Hill Health Care District on December 13, 2022.
Joelle Fockler, MMC
City Clerk
APPROVED AS TO FORM:
Susanne Brown
City Attorney
Staff Report
Date: December 13, 2022
To: City Council
From: Valerie J. Barone, City Manager
Prepared by: Justin Ezell, Assistant City Manager
[email protected]
(925) 671-3155
Subject: Considering (1) adoption of a Resolution establishing a Working Group for the Homeless Strategic Plan; (2) calling for recruitment to fill five positions; and (3) Selecting January 17 or 25 as a special meeting date to conduct interviews and make Working Group appointments, and select two
Councilmembers to serve on the Working Group and assign one as Chair and one as Vice Chair.
CEQA: Not a project/exempt pursuant to Public Resources Code Section 21065, CEQA Guidelines Sections 15060(c),
15061(b)(3), 15262, and/or 15378.
Report in Brief
On August 23, 2022, the City Council discussed the approach to development of a City of Concord Homeless Strategic Plan, which is a priority project for the City Council for this fiscal year. As part of the August 23 conversation, Council supported the formation of a Council appointed special-purpose Working Group to advise staff, the consultant team, and the Council on the development of the Homeless Strategic Plan. The Working Group’s composition and membership was referred to the Housing and Economic Development Committee (HED) (McGallian/Aliano) for discussion and recommendation to council. This report outlines the Committee’s recommended approach for membership and selection of Working Group members.
Recommended Action
1. Adopt a Resolution forming a seven member Working Group (Attachment 1);
2. Authorize the City Clerk to announce a recruitment to fill five positions; and
5.a5.a5.a5.a
City Council Agenda Report
Agenda Item No. 5.a
December 13, 2022
3. Select January 17 or 25 as a special meeting date to conduct interviews and make Working Group appointments, and select two Councilmembers to serve on the Working Group and assign one as Chair and one as Vice Chair.
Background
In January of this year, the City conducted a statistically valid survey of residents to gauge satisfaction with City services and the overall quality of life in Concord. A majority of residents rated quality of life as either good or excellent in Concord. The survey also asked what are the most serious issues facing Concord, and 51.9% of respondents cited homelessness as the most serious issue facing the residents of Concord. To support addressing the issue, Council set aside $2.4 million of one-time general funds at its March mid-year budget update. In April, Council set the development and adoption of a Homeless Strategic Plan as a priority for Fiscal Year 2022-23. Staff presented Council with a work program for strategic plan development in August that resulted in the referral of a discussion of the Homeless Strategic Plan Working Group membership and appointment process to HED. In September, Council allocated an additional $3 million of American Rescue Plan Act funds for a total of $5.4 million of one-time funding available for projects and priorities established in the strategic plan. This funding will also be used to fund the consultant costs associated with development of the plan.
Background on the Homeless Strategic Plan
The Homeless Strategic Plan (Plan) is intended to guide future City efforts and investments related to responding to the impacts from and the needs of Concord’s unsheltered population, using data and fact based information.
In very broad strokes, the Homeless Strategic Plan will be developed under Council’s direction and will incorporate:
Strong community engagement/involvement including residents, businesses, individuals with lived experience, service providers, faith based groups, etc. A Working Group, appointed by the Council, to work directly with staff and the consulting team to guide the development of the plan. (Discussion of the working group’s membership and appointment process is the purpose of tonight’s meeting.)
A comprehensive background report which, at minimum, describes:
o Current system and community services, where the services reside, and associated strategies, challenges, and costs
o Unmet needs, system gaps, and system performance
o Overview of federal, state, and regional/county data, roles, funding and strategies
The development of a vision, goals, and objectives with measurable performance targets.
City Council Agenda Report
Agenda Item No. 5.a
December 13, 2022
Development of an implementation plan for the defined objectives, including prioritized recommendations for investment of the money Council has set aside to invest in responding to the impacts from and needs of Concord’s unsheltered population.
Council will have input into the Plan at key points in the process and will be the approving body for the Plan.
On August 23, 2022 Council referred a discussion on Working Group membership and formation to the Council Committee on Housing and Economic Development (HED).
The HED committee, which consisted of Committee Chair Tim McGallian and Committee Member Mayor Dominic Aliano, met on October 13, 2022 to receive a presentation from staff. Four speakers provided public comment, which committee members considered while finalizing their recommendations. The public commenters expressed general support for the Committee-recommended approach; additionally, they voiced a desire to see development of the strategic plan move more quickly than what is anticipated by staff. (Note: The Request for Proposals for identifying a consulting team is currently out and staff anticipates returning to Council with a contract and more defined work program and project schedule for review and approval on January 24, 2023).
Analysis
The Working Group will act as an advisory body to Council, staff and the project consultants working on development of the Homeless Strategic Plan. Staff anticipates that the life of the working group will be nine to twelve months, given the desire for a strong public engagement plan, in addition to numerous Council and Working Group meetings that will be needed throughout the process.
Working Group Membership
HED recommends creation of a seven member Working Group. HED further recommends the following composition of the Working Group:
Two Concord City Councilmembers
One representative with lived experience of being homeless One representative from a nonprofit homeless services provider One representative that is a substance abuse and/or mental health professional One representative that is a Concord resident and property owner One representative from Concord’s business community or an owner of commercial property in Concord
City Council Agenda Report
Agenda Item No. 5.a
December 13, 2022
For the lived experience, nonprofit homeless services provider, and substance abuse and/or mental health profession positions, the HED recommends that preference be given to applicants that are either from or based in Concord.
Member terms are for the life of the Working Group, which is anticipated to be nine to twelve months.
Proposed Appointment Process
HED recommends the following process be used to fill seats on the working group:
December 13, 2022 (tonight): Council reviews the Working Group membership and appointment process, adopts a Resolution creating the Working Group (Attachment 1), and directs the City Clerk to announce opening of the application period. - The Working Group membership application will clearly describe the time commitment that is expected of appointees (Attachment 2). - NOTE: HED requested that discretion regarding the lived experience seat be used in an effort to maintain confidentiality of someone with lived experience and to ensure that there wouldn’t be barriers to participation in the work group if the individual were currently experiencing homelessness.
Staff confirmed that confidentiality in the process is not possible. The City cannot legally withhold the qualifications of persons that are appointed to the Working Group.
January 3, 2023: Application period closes at 5 p.m.
January 10, 2023: Council reviews applications and selects two applicants to interview for each position on the working group (for a total of ten people), except for the two Councilmember seats.
January 17 or 25, 2023: Council does the following:
- Interviews selected applicants and makes appointments to the Working Group. - Identifies and ranks three alternates in the order in which they will be used (if they are needed).
- Selects two Councilmembers to serve on the Working Group, and assigns one as Chair and one as Vice Chair.
Staffing of the Working Group
Staff from the Community Development Department and City Manager’s Office will serve as primary support to Council, the Working Group, and the consulting team on the City’s Homeless Strategic Plan development. Additional staff support to the project, on an as-needed basis, will be provided by:
City Council Agenda Report
Agenda Item No. 5.a
December 13, 2022
A representative from the Concord Police Department, with experience on homeless response
A representative from Contra Costa County’s H3 Program (the County’s Chief of Program has agreed to support the City’s effort by lending a person with expertise)
A representative from Concord’s Planning Division
The City’s Community Services Manager from the Housing Division Working Group Responsibilities
Staff anticipates the Working Group meeting at least monthly for approximately nine to twelve months. Meeting durations will vary from one to three hours to hear, discuss, and provide feedback on information brought forth by staff and consultants. Meetings will be subject to the Brown Act, noticed in advance, and open to the public with opportunities for public comment.
Council briefings will be built into the schedule to ensure the full Council has an opportunity to provide feedback and direction throughout the process.
As stated earlier there will also be a robust public engagement effort, and the Working Group may have a role in portions of the outreach effort.
Financial Impact
Development of a Working Group will have no direct fiscal impact. The City Council set aside $5.4million of one-time funding, to be used for programs and services identified in a Homeless Strategic Plan. This is also the source of funding for the Homeless Strategic Plan.
Environmental Determination
Pursuant to Public Resources Code Section 21065, CEQA Guidelines Sections 15060(c), 15061(b)(3), 15262 (Feasibility and Planning Studies), and/or 15378, City Council action on this item is not subject to environmental review under the California Environmental Quality Act (CEQA) of 1970, as amended, because it does not commit the City to a definite course of action, does not constitute discretionary approval of a specific project, will not result in a direct or reasonably foreseeable indirect physical change in the environment, and falls within the “common sense” exemption set forth in CEQA Guidelines Section 15061(b)(3), excluding projects where “it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment.” 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. Individual projects will undergo CEQA analysis as necessary.
City Council Agenda Report
Agenda Item No. 5.a
December 13, 2022
Public Contact
The City Council Agenda was posted.
Attachments
1. Resolution Establishing a Homeless Strategic Plan Working Group
2. Homeless Strategic Plan Working Group Candidate Application Questions
Res No. 22-XX 1
BEFORE THE CITY COUNCIL OF THE CITY OF CONCORD
COUNTY OF CONTRA COSTA, STATE OF CALIFORNIA
A Resolution Establishing a Homeless Strategic Plan
Working Group
Resolution No. 22-XX
/
WHEREAS, on August 23, 2022, the City Council discussed the approach to development of a City of Concord Homeless Strategic Plan, which is a priority project for the City Council for Fiscal Year 2022-23.; and
WHEREAS, as part of the August 23, 2022 conversation, Council supported the formation of a Council appointed special-purpose Working Group to advise staff and the consultant on the development of the Homeless Strategic Plan; and
WHEREAS, the City Council now desires the establishment of a Homeless Strategic Plan Working Group (Working Group) and to authorize the City Clerk to initiate the recruitment of the Working Group.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF CONCORD DOES RESOLVE AS FOLLOWS:
Section 1. Pursuant to Public Resources Code Section 21065, CEQA Guidelines Sections 15060(c), 15061(b)(3), 15262 (Feasibility and Planning Studies), and/or 15378, City Council action on this item is not subject to environmental review under the California Environmental Quality Act (CEQA) of 1970, as amended, because it does not commit the City to a definite course of action, does not constitute discretionary approval of a specific project, will not result in a direct or reasonably foreseeable indirect physical change in the environment, and falls within the “common sense” exemption set forth in CEQA Guidelines Section 15061(b)(3), excluding projects where “it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment.” 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. Individual projects will undergo CEQA analysis as necessary. //
Attachment 1
Res No. 22-XX 2
Section 2. Authorizes establishment of the Homeless Strategic Plan Working Group (Working Group) to help guide development of the Homeless Strategic Plan, and authorizes the City Clerk to initiate recruitment for the Working Group, as generally described below:
1.1 Working Group Membership and Composition: The Working Group shall consist of seven members appointed by the City Council. Three alternates shall be appointed by the City Council and ranked in the order in which they will be used (if they are needed).
Membership criteria includes:
1.1.1 Two Concord City Councilmembers.
1.1.2 One representative with lived experience of being homeless.
1.1.3 One representative from a nonprofit homeless services provider.
1.1.4 One representative that is a substance abuse and/or mental health professional.
1.1.5 One representative that is a Concord resident and property owner.
1.1.6 One representative from Concord’s business community or an owner of commercial property in Concord.
1.1.7 For the lived experience, nonprofit homeless services provider, and substance abuse and mental health profession positions, preference shall be given to applicants that are either from or based in Concord.
1.2 Working Group Functions and Roles: The Working Group will act as an advisory body to Council, staff and the project consultants working on development of the Homeless Strategic Plan. The Working Group will meet at least monthly for approximately nine to twelve months. Meeting durations will vary from one to three hours to hear, discuss, and provide feedback on information brought forth by staff and consultants. Meetings will be subject to the Brown Act, noticed in advance, and open to the public with opportunities for public comment.
1.3 Working Group Term of Appointment: Member terms are for the life of the Working Group, which is anticipated to be nine to twelve months.
1.4 Working Group Application and Selection Process: Individuals interested in serving on the Working Group shall be asked to complete and submit a written, online application
Res No. 22-XX 3
specifying certain information related to the position. The City Council shall review the applications, conduct interviews, and appoint members to the Working Group.
1.5 Appointment of Councilmembers as Chair and Vice Chair: The City Council shall appoint two Councilmembers to serve as Chair and Vice Chair of the Working Group.
1.6 Working Group Meeting Frequency and Organization: The working Group shall meet monthly or more frequently as needed, usually in the evenings and in person, with potential additional meetings on weekends and other times. Working Group meetings will be convened and supported by City staff, and shall be open to the public and subject to public meeting regulations.
1.7 Duration of the Working Group: The Working Group shall cease to exist following adoption of a Homeless Strategic Plan or until such time as the City Council terminates the Working Group, whichever comes sooner.
Section 3. 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
Homeless Strategic Plan
Working Group Candidate Application Questions
(Note: applicants will access the application in the City’s online portal) The Homeless Strategic Plan Working Group will meet in person once per month at minimum. Meetings will last from 1-3 hours depending on the agenda. Members are expected to attend all meetings, read all materials, and be prepared to listen and engage on the topics discussed.
Questions that are not applicable can be left blank or marked N/A. Contact information (name, email, phone number, home address) Number of years at current address
Number of years in Concord
Number of years in the County
Employment information (employer, title, occupation)
Number of years at current employer
Employer address
Whether applicant is available for daytime or evening meetings Which position is being applied for (i.e. resident, lived experience, service provider, substance abuse/mental health professional, business community) Reason applicant desires to serve on the Working Group Experience, technical training, and/or skills which qualify applicant for appointment
Resume upload (optional)
Attachment 2
Working Group for the
Homeless Strategic Plan
Justin Ezell
Assistant City Manager
Dec ember 13, 2022
1
Past Actions
2 •January 2022 – Community satisfaction survey
•March 2022 – $2.4 million set aside for homeless services •April 2022 – Homeless Strategic Plan prioritized
•August 2022 – Work plan for development of strategic plan • Referral to HED of developing and appointing a working group •September 2022 – Additional $3 M allocated ($5.4 M total) •October 2022 – HED developed recommendations; issued RFP
Upcoming Actions
3 •January 24, 2023 – Award contract to consultant
•December 2023 – Adoption of Homeless Strategic Plan
HED Recommendations for Working Group
4 •An advisory body to Council, staff, and project consultants •Exist only until plan adoption (nine to twelve months) •Have seven members including two councilmembers, and:
• Representative with lived experience
• Representative from a nonprofit homeless services provider • Representative from substance abuse and/or mental health profession • Representative that is a Concord resident and property owner • Representative from Concord’s business community/property owner
HED Recommendations for Appointments
5 •Council to select two Councilmembers at future meeting •Recruitment process for other five positions:
• December 13, 2022 – City Clerk announce opening of application period • January 3, 2023 – application period closes
• January 10, 2023 – Council review applications and select candidates to interview • January 17 or 25, 2023 – Council interviews and appointments • Three alternates are to be selected should a vacancy occur or appointed member ceases participation
• Alternates ranked in the order in which they will be used (if they are needed)
Working Group Functions
6 •Working group will:
• Meet monthly for approximately nine to twelve months (1-3 hour meetings) • Hear, discuss, and provide feedback on information presented to them • Operate under the Brown Act
• Provide routine briefings to Council to keep informed, and receive feedback • May have role in public engagement and outreach process
Staff Support
7 •City Manager’s Office
•Representatives from Concord’s Planning and Housing
Division’s
•Representative from Concord PD with homeless response
experience
•Representative from Contra Costa County’s H3 Program
Consider and provide direction on the following:
1. Composition of the Working Group
2. Announce a recruitment to fill five positions
3. Selecting January 17 or 25 as a special meeting date to:
◦ Conduct interviews and make Working Group appointments; and ◦ Select two Councilmembers to serve on the Working Group and assign one as Chair and one as Vice Chair
8
Council Questions and
Public Comment
9 Working Group for Homeless Strategic Plan
Staff Report
Date: December 13, 2022
To: City Council
From: Valerie J. Barone, City Manager
Prepared by: Justin Ezell
[email protected]
(925) 671-3155
Subject: Considering (1) adoption of a Resolution stating the City of Concord's intent to participate in the Green Empowerment Zone; and (2) appointment of a Councilmember to serve on the board of directors.
CEQA: Not a project/exempt pursuant to Public Resources Code Section 21065, CEQA Guidelines Sections 15060(c),
15061(b)(3), and/or 15378.
Report in Brief
California State Assemblymember Tim Grayson authored AB 844, signed into law on September 28, 2021. The Bill establishes the Green Empowerment Zone (GEZ) for the Northern Waterfront area of Contra Costa County. If the City wishes to participate in the GEZ it must adopt a resolution stating its intent, and appointment of a Councilmember to serve a two-year term on the board of directors must occur.
Recommended Action
1. Adopt a Resolution stating the City of Concord’s intent to participate in the Green Empowerment Zone; and
2. Appoint one (1) Councilmember to serve a two (2) year term on the board of directors.
Background
AB 844 established the Green Empowerment Zone (“Zone”) for the Northern Waterfront area of Contra Costa County. The Zone includes the cities of Antioch, Benicia, Brentwood, Concord, Hercules, Martinez, Oakley, Pittsburg, Vallejo and the unincorporated portion of Contra Costa County north of CA State Highway 4. The intent
5.b5.b5.b5.b
City Council Agenda Report
Agenda Item No. 5.b
December 13, 2022
of the Zone is to prioritize access to tax incentives, grants, loan programs, workforce training programs, and private sector investment in the renewable energy sector.
AB 844 defines the governing structure as a 40-member board of directors with seven stakeholder groups serving as voting directors. The stakeholder groups and number of voting representatives allocated to each are as follows:
1. Local government – 10
2. Large employers – 5
3. State government – 5
4. Small business & economic development – 5
5. Universities, laboratories & foundations with green energy expertise – 5
6. Private sector organized labor organizations – 5
7. Workforce development, public & private educational entities – 5 Under AB 844 each city and the county shall select one representative who serves a two-year term on the board of directors. An executive board of directors shall also be established that consists of the chair, two deputy chairs and up to seven members of the board of directors.
On October 20, 2022, Assemblymember Grayson wrote to the City with a formal request for the City to choose a representative to sit on the GEZ board of directors (Attachment 1).
Analysis
The duties of the Zone are:
1. To identify projects and programs that best utilize public dollars and most quickly improve the economic vitality of the clean energy economy in a coordinated manner.
2. To work with members of the state’s congressional delegation and federal officials to gain critical federal support.
3. To partner with research and educational institutions and private foundations in support of studies of interest and importance to the energy industry in the Northern Waterfront area of the County of Contra Costa.
4. To review state policies and regulations to ensure they are fair and appropriate and determine whether alternative approaches can accomplish goals in less costly ways.
5. To make recommendations to the Governor that improve the economic well- being of the region and the quality of life of residents.
City Council Agenda Report
Agenda Item No. 5.b
December 13, 2022
6. To create and maintain a website that is managed and updated by an entity designated by the board of directors.
To participate in the GEZ, Council must adopt the attached Resolution stating the City’s intent to participate in the GEZ (Attachment 2); additionally, the Mayor must propose appointment of a representative from the Concord Council to serve on the board of directors, the Council would then confirm the Mayor’s selection. City of Concord Policy and Procedure No. 2 at Section 4.53.d authorizes the Mayor to propose appointments to standing committees and regional bodies, subject to confirmation by a majority of the City Council.
The Legislative Counsel’s Digest for Assembly Bill No. 844 is included as Attachment 3.
Financial Impact
There are no known fiscal impacts of participating in the Green Empowerment Zone.
Environmental Determination
Pursuant to Public Resources Code Section 21065, CEQA Guidelines Sections 15060(c), 15061(b)(3), and/or 15378, City Council action on this item is not subject to environmental review under the California Environmental Quality Act (CEQA) of 1970, as amended, because it will not result in a direct or reasonably foreseeable indirect physical change in the environment, and falls within the “common sense” exemption set forth in CEQA Guidelines Section 15061(b)(3), excluding projects where “it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment.”
Public Contact
The City Council Agenda was posted.
Attachments
1. Letter from Assemblymember Grayson
2. Resolution stating City of Concord’s intent to participate in the Green Empowerment Zone
3. Legislative Counsel’s Digest for Assembly Bill No. 844
October 20, 2022
To: Mayor Aliano
Cc: Valerie Barone, City Manager
Re: City of Concord’s Participation on the Board of the Green Empowerment Zone
Dear Mayor Aliano,
I write to formally request that the City of Concord begin the process of choosing their representative to sit on the Green Empowerment Zone’s Board of Directors. In 2021, the California State Assembly passed AB 844(Grayson), which established the Green Empowerment Zone (GEZ), encompassing a significant portion of Contra Costa County, including the City of Concord. In pursuance of establishing the Board of the GEZ, I am reaching out to the local agencies which will be represented on the GEZ’s Board of Directors to request they begin the internal process of choosing their representative. If you, or your staff, have any questions, please feel free to contact my office.
Sincerely,
G
Timothy S. Grayson
Attachment 1
Res No. 22-XX 1
BEFORE THE CITY COUNCIL OF THE CITY OF CONCORD
COUNTY OF CONTRA COSTA, STATE OF CALIFORNIA
A Resolution stating the City of Concord’s intent to
participate in the Green Empowerment Zone.
Resolution No. 22-XX
/
WHEREAS, Assembly Bill (AB) 844 established the Green Empowerment Zone (“GEZ”) for the Northern Waterfront area of Contra Costa County; and WHEREAS, the intent of the GEZ is to prioritize access to tax incentives, grants, loan programs, workforce training programs, and private sector investment in the renewable energy sector; and
WHEREAS, the GEZ includes the cities of Antioch, Benicia, Brentwood, Concord, Hercules, Martinez, Oakley, Pittsburg, and Vallejo, and the unincorporated portion of Contra Costa County north of CA State Highway 4; and
WHEREAS, at this time the State of California requires affirmative action on the part of the City of Concord to confirm its participation and interest in the GEZ; and WHEREAS, AB 844 defines the GEZ governing structure as a 40 member board of directors with seven stakeholders entities serving as voting directors, the largest of which is the local government stakeholder group; and
WHEREAS, there is currently one (1) full-term 2 year vacancy on the Green Empowerment Zone Board of Directors; and
WHEREAS, City of Concord Policy and Procedure No. 2 authorizes the Mayor to propose appointments to standing committees and regional bodies, subject to confirmation by a majority of the City Council.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF CONCORD DOES RESOLVE AS FOLLOWS:
Section 1. Pursuant to Public Resources Code Section 21065, CEQA Guidelines Sections 15060(c), 15061(b)(3), and/or 15378, City Council action on this item is not subject to environmental review under the California Environmental Quality Act (CEQA) of 1970, as amended, because it will Attachment 2
Res No. 22-XX 2
not result in a direct or reasonably foreseeable indirect physical change in the environment, and falls within the “common sense” exemption set forth in CEQA Guidelines Section 15061(b)(3), excluding projects where “it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment.”
Section 2. The City Council of the City of Concord hereby confirms its interest in participating in the Green Empowerment Zone.
Section 3. 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 Page 6 of 12
Assembly Bill No. 844
CHAPTER 377
An act to add and repeal Chapter 34 (commencing with Section 7599.100) of Division 7 of Title 1 of the Government Code, relating to local government.
[ Approved by Governor September 28, 2021. Filed with Secretary of State September 28, 2021. ]
LEGISLATIVE COUNSEL'S DIGEST
AB 844, Grayson. Green Empowerment Zone for the Northern Waterfront area of the County of Contra Costa.
Existing law establishes procedures for the formation of infrastructure financing districts, enhanced infrastructure financing districts, infrastructure and revitalization financing districts, community revitalization and investment authorities, and public-private partnerships, as specified, to undertake various economic development projects, including financing public facilities and infrastructure, affordable housing, and economic revitalization.
This bill, until January 1, 2028, would authorize establishment of a Green Empowerment Zone for the Northern Waterfront area of the County of Contra Costa. The bill would authorize the Green Empowerment Zone to be composed of specified cities, upon adoption of a resolution by the city or county, and would provide for the Green Empowerment Zone to be governed by a board of directors. The bill would task the Green Empowerment Zone with various duties, including, among other things, identification of projects and programs that will best utilize public dollars and improve the economic vitality of the Northern Waterfront area of the County of Contra Costa in a coordinated effort to support the development of the clean energy economy.
The bill would require the Green Empowerment Zone to create and maintain an internet website that is managed and updated by an entity designated by the board of directors, produce a report each year that includes recommendations for action by the Legislature and the progress of the zone, and post the report on its internet website, as specified.
This bill would make legislative findings and declarations as to the necessity of a special statute for the County of Contra Costa
Vote: MAJORITY Appropriation: NO Fiscal Committee: NO Local Program: NO
Attachment 3
THE PEOPLE OF THE STATE OF CALIFORNIA DO
ENACT AS FOLLOWS:
SECTION 1.
Chapter 34 (commencing with Section 7599.100) is added to Division 7 of Title 1 of the Government Code, to read:
CHAPTER 34. Green Empowerment Zone for the Northern Waterfront area of the County of Contra Costa 7599.100.
(a) A Green Empowerment Zone for the Northern Waterfront area of the County of Contra Costa may be established. The geography of the zone shall extend to the territories of the cities listed in subdivision (c) and the unincorporated areas of the County of Contra Costa north of State Highway 4. The board of directors may, by majority vote, change the geography of the Green Empowerment Zone.
(b) The purpose of the Green Empowerment Zone is to build upon the comparative advantage provided by the regional concentration of highly skilled energy industry workers by prioritizing access to tax incentives, grants, loan programs, workforce training programs, and private sector investment in the renewable energy sector.
(c) The Green Empowerment Zone may include all of the following cities and the county upon the adoption of a resolution by the legislative body of each city and county that states the intent of the city or county to participate in the Green Empowerment Zone:
(1) The City of Antioch.
(2) The City of Benicia.
(3) The City of Brentwood.
(4) The City of Concord.
(5) The City of Hercules.
(6) The City of Martinez.
(7) The City of Oakley.
(8) The City of Pittsburg.
(9) The City of Vallejo.
(10) The County of Contra Costa.
(d) The board of directors may vote to include additional jurisdictions in the membership of the Green Empowerment Zone.
7599.101.
(a) The Green Empowerment Zone shall be governed by a board of directors. (b) The Green Empowerment Zone shall be comprised of representatives from seven stakeholder groups who shall serve as voting directors, as follows:
(1) Ten local government directors, one from each of the cities and the county set forth in subdivision (c) of Section 7599.100 that have adopted a resolution expressing its intent to participate in the Green Empowerment Zone. Each city and county shall select one representative who shall serve a two-year term.
(2) Five large employer directors, located within one or more cities or the county listed in subdivision (c) of Section 7599.100. Each of the five largest private employers in the fields of energy or manufacturing within the area of the Green Empowerment Zone shall select a representative who will serve a two-year term. Employer size shall be based upon data from the local workforce board.
(3) (A) Four state government directors who each shall be a resident of one of the cities or the county listed in subdivision (c) of Section 7599.100, and who also serve on one of the following state agencies or commissions:
(i) The State Air Resources Board.
(ii) The California Transportation Commission.
(iii) The California Workforce Development Board.
(iv) The California Energy Commission.
(B) Each board or commission shall select a representative to the Green Empowerment Zone who shall serve a two-year term.
(C) If the board is unable to identify a sufficient number of individuals who meet the residential and service qualifications for membership as a state government representative described in subparagraph (A), it may waive either or both by a majority vote. (4) Five small business and economic development directors who shall represent existing economic and business development organizations that serve the cities or the county listed in subdivision (c) of Section 7599.100. These small business and economic development representatives shall be nominated by the Association of Bay Area Governments and confirmed by the board to serve two-year terms.
(5) Five directors from universities, laboratories, and foundations with specialized expertise and knowledge of green energy who shall, upon agreement by the regents, be nominated by the Office of the President of the University of California and confirmed by the board. These university, laboratory, and foundation representatives shall serve two-year terms. (6) Five directors representing the five largest private sector organized labor organizations whose membership works in the cities and the county listed in subdivision (c) of Section 7599.100.
Each union shall select its own representative to the Green Empowerment Zone board who shall each serve a two-year term.
(7) Five directors representing workforce development and public and private educational entities that serve cities or the county listed in subdivision (c) of Section 7599.100, at least one of whom shall be a representative from the California State University and at least one of whom shall be a representative from the California Community Colleges. These workforce development and education representatives shall be nominated by the Association of Bay Area Governments and confirmed by the board to serve two-year terms. (8) Confirmation of a nominee for membership on the board of directors shall be by majority vote of the sitting members of the board.
(c) Every Member of the Legislature and of the United States Congress that represents a city listed in subdivision (c) of Section 7599.100 shall be ex officio voting members of the board of directors.
(d) A board chair and two deputy chairs shall be selected by a majority vote of the board. The chair and deputy chairs shall serve two-year terms. An individual may serve as chair or deputy chair more than once, however, they shall not serve consecutive terms. The chair and deputy chairs shall be chosen from among the following:
(1) One member shall be a Member of the Legislature who represents one or more of the cities or the county listed in subdivision (c) of Section 7599.100. (2) One member shall be a representative from a local agency in a city or county listed in subdivision (c) of Section 7599.100.
(3) One member shall be a representative whose residence and place of employment is within one or more of the cities or the county listed in subdivision (c) of Section 7599.100. (e) The Green Empowerment Zone shall also have an executive board comprised of the chair, deputy chairs, and up to seven members of the board of directors selected by a majority vote of the board of directors.
(f) The members of the board of directors shall serve without compensation. (g) A member of the board of directors, including the chair, shall, upon identifying a conflict of interest, or a potential conflict of interest, regarding a matter before the board of directors of the Green Empowerment Zone, immediately and before consideration of the matter, do all of the following:
(1) Provide written notice to the chair regarding the interest that gives rise to the conflict of interest or potential conflict of interest. In the case of the chair, written notice shall be give to one of the deputy chairs.
(2) Recuse themselves from discussing or voting on the matter. (3) Leave the meeting room until after discussion, vote, and any other consideration of disposition of the matter is concluded.
(h) A member of the board of directors shall not use the name of the Green Empowerment Zone on any letterhead, business code, or identification badge unless the person has been authorized to do so by the board of directors.
7599.102.
The Green Empowerment Zone shall have the following duties:
(a) Identification of projects and programs that will best utilize public dollars and most quickly improve the economic vitality of the Northern Waterfront area of the County of Contra Costa, especially those that leverage federal, state, local, and private sector resources in a coordinated effort to support the development of the clean energy economy. (b) Work with members of the state’s congressional delegation and federal official, including any relevant federal interagency task force, to gain federal support for projects identified by the zone as critical to the region‘s energy economy.
(c) Partner with the University of California, the California State University, community colleges, and the state’s other research and educational institutions, as well as private foundations, to provide guidance, advice, and encouragement in support of studies of particular interest and importance to the energy industry in the Northern Waterfront area of the County of Contra Costa.
(d) Review state policies and regulations to ensure they are fair and appropriate for the state’s diverse geographic regions, including the Northern Waterfront area of the County of Contra Costa, and determine whether alternative approaches can accomplish goals in less costly ways. (e) Make recommendations to the Governor that would improve the economic well-being of the region and the quality of life of its residents.
(f) Create and maintain an internet website that is managed and updated by an entity designated by the board of directors.
7599.103.
(a) The board shall appoint a steering committee that, on or before January 1, 2023, shall develop metrics that shall be reported to the Legislature and state departments and agencies gauging the progress of the zone that shall include, but not be limited to, all of the following:
(1) The number of jobs gained and lost in each sector of the economy. (2) The average wage of the jobs gained in each sector of the economy. (3) The number and types of grants solicited and received by, or on behalf of, the zone. (4) The type and amount of workforce training conducted in the zone, by whom it was provided, and the amount of capital investment attached to provision of that training. (b) Commencing on January 1, 2023, and on or before January 1 of each year thereafter, the Green Empowerment Zone shall post the report described in subdivision (a) on its internet website and submit a letter to the Legislature informing the Legislature that the report has been posted.
7599.104.
This chapter shall remain in effect only until January 1, 2028, and as of that date is repealed.
SEC. 2.
The Legislature finds and declares that a special statute is necessary and that a general statute cannot be made applicable within the meaning of Section 16 of Article IV of the California Constitution because of the unique circumstances and challenges relating to economic development in the County of Contra Costa.