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actions, losses, damages, injuries, and liability arising out of the sole negligence or willful misconduct on the part of the CITY.
11. INSURANCE. CONSULTANT agrees to have and maintain the policies set forth in Exhibit B entitled “INSURANCE REQUIREMENTS,” which is attached hereto and incorporated herein. All policies, endorsements, certificates, and/or binders shall be subject to approval by the City Attorney as to form and content and shall be provided no later than thirty (30) calendar days following the execution of this Agreement by both parties. These requirements are subject to amendment or waiver only if so approved in writing by the CITY. A lapse in any required insurance coverage during this Agreement shall be a breach of this Agreement. The insurance contemplated under this provision shall remain in full force and effect during the term of this Agreement.
12. TIME OF PERFORMANCE. The time of performance of the services under this Agreement is of the essence, and all time deadlines identified in this Agreement or Scope of Services shall be strictly construed.
13. SUSPENSION OF WORK. CITY may, at any time, by written notice, suspend further performance by CONSULTANT. All suspensions shall extend the time schedule for performance in a mutually satisfactory manner, and CONSULTANT shall be paid for services performed and reimbursable expenses incurred prior to the suspension date. During the period of suspension, CONSULTANT shall not receive any payment for services, or expenses, except for reasonable administration expenses, incurred by CONSULTANT by reason of such suspension.
14. TERMINATION. CITY may terminate this Agreement for any reason upon ten (10) days written notice to the other party. CITY may terminate the Agreement upon five (5) days written notice if CONSULTANT breaches this Agreement. In the event of any termination, CONSULTANT shall promptly deliver to the CITY any and all finished and unfinished reports or other written, recorded, photographic, or visual materials, documents, data, and other deliverables (“Work Materials”) prepared for the CITY prior to the effective date of such termination, all of which shall become CITY’s sole property. After receipt of the Work Materials, CITY will pay CONSULTANT for the services satisfactorily performed as of the effective date of the termination.
15. COMPLIANCE WITH CIVIL RIGHTS. During the performance of this contract,
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CONSULTANT agrees as follows:
A. Equal Employment Opportunity. In connection with the execution of this Agreement, CONSULTANT shall not discriminate against any employee or applicant for employment on the basis of any protected class pursuant to California law. Such actions shall include, but not be limited to, the following: employment, promotion, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rate of pay or other forms of compensation; and selection for training including apprenticeship.
B. Nondiscrimination Civil Rights Act of 1964. CONSULTANT will comply with all federal regulations relative to nondiscrimination in federally assisted programs.
C. Solicitations for Subcontractors including Procurement of Materials and Equipment. In all solicitation, either by competitive bidding or negotiations, made by CONSULTANT for work to be performed under a subcontract including procurement of materials or leases of equipment, each potential subcontractor, supplier or lessor shall be notified by CONSULTANT of CONSULTANT’S obligation under this Agreement and the regulations relative to nondiscrimination on the basis of any protected class pursuant to California law.
16. CONFLICT OF INTEREST.
A. CONSULTANT covenants and represents that neither it, nor any officer or principal of its firm, has, or shall acquire any interest, directly or indirectly, which would conflict in any manner with the interests of CITY or which would in any way hinder CONSULTANT’s performance of services under this Agreement. CONSULTANT further covenants that in the performance of the Agreement, no person having any such interest shall be employed by it as an officer, official, agent, employee or subcontractor without the express written consent of the CITY. CONSULTANT agrees to at all times avoid conflicts of interest, or the appearance of any conflicts of interest, with the interests of the CITY in the performance of this Agreement.
B. CONSULTANT is not a designated employee within the meaning of the Political Reform Act because CONSULTANT:
(1) Will conduct research and arrive at conclusions with respect to its rendition of information, advice, recommendation or counsel independent of the control and direction of the CITY
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or of any CITY official, other than normal contract monitoring; and (2) Possesses no authority with respect to any CITY decision beyond the rendition of information, advice, recommendation or counsel. (2 Cal. Code Regs. § 18700(a)(2).)
17. COMPLIANCE WITH LAWS. CONSULTANT shall comply with all applicable Federal, State of California, and local laws, rules, and regulations and shall obtain all applicable licenses, including a business license with the City of Concord, and permits for the conduct of its business and the performance of the services.
18. CHOICE OF LAW. This Agreement shall be construed and interpreted in accordance with the laws of the State of California, excluding any choice of law rules which may direct the application of the laws of another jurisdiction. In the event that suit shall be brought by either party hereunder, the parties agree that trial of such action shall be held exclusively in a state court in the County of Contra Costa, California.
19. NON-WAIVER. The waiver by either party of any breach of any term, covenant, or condition contained in the Agreement, or any default in their performance of any obligations under the Agreement shall not be deemed to be a waiver of any other breach or default of the same or any other term, covenant, condition, or obligation, nor shall any waiver of any incident of breach of default constitute a continuing waiver of same.
20. ENFORCEABILITY; INTERPRETATION. In the event that any of the provisions or portions of application of any of the provisions of the Agreement are held to be illegal or invalid by a court of competent jurisdiction, CITY and CONSULTANT shall negotiate an equitable adjustment in the provisions of the Agreement with a view toward affecting the purpose of the Agreement. The illegality or invalidity of any of the provisions or portions of application of any of the provisions of the Agreement shall not affect the legality or enforceability of the remaining provisions or portions of application of any of the provisions of the Agreement. This Agreement shall be interpreted as though it was a product of a joint drafting effort and no provisions shall be interpreted against a party on the ground that said party was solely or primarily responsible for drafting the language to be interpreted.
21. INTEGRATION. All exhibits identified in this Agreement are attached hereto and incorporated herein by reference. The Agreement contains the entire agreement and understanding
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between the parties as to the subject matter of this Agreement. It merges and supersedes all prior or contemporaneous agreements, commitments, representation, writings, and discussions between CONSULTANT and CITY, whether oral or written.
//
//
22. SUCCESSORS AND ASSIGNS: NO THIRD PARTY BENEFICIARIES; NO JOINT VENTURE. CITY and CONSULTANT respectively, bind themselves, their successors, assigns, and legal representatives to the terms and obligations of this Agreement. CONSULTANT shall not assign or transfer any interest in the Agreement without the CITY's prior written consent, which consent shall be in the CITY’s sole discretion. Any attempted assignment or transfer in breach of this provision shall be void. This Agreement is not intended and shall not be construed to create any third party benefit. This Agreement is not intended and shall not be construed to create a joint venture or partnership between the parties. CONSULTANT, its officers, employees and agents shall not have any power to bind or commit the CITY to any decision.
23. FINANCIAL RECORDS. Records of CONSULTANT’s direct labor costs, payroll costs, and reimbursable expenses pertaining to this project covered by this Agreement will be kept on a generally recognized accounting basis and made available to CITY if and when required.
24. NOTICES. All notices required hereunder shall be in writing and mailed postage prepaid by certified or registered mail, return receipt requested, or by personal delivery to the CITY's address as shown below, or such other places as CITY or CONSULTANT may, from time to time, respectively, designate in a written notice given to the other. Notice shall be deemed received three (3) days after the date of the mailing thereof or upon personal delivery.
To CITY: Gregory Taylor, IT Director
Information Technology Department
City of Concord
1950 Parkside Drive
Concord, CA 94519-2578
Phone: (925) 671-3189
Email: [email protected]
To CONSULTANT: Cedrick Major, Owner/Managing Partner PTCE Group, LLC
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1397 S. Maya Way
Mountain House, CA 95391
Phone: (559) 519-6796
Email: [email protected]
25. NON-LIABILITY. No member of the CITY and no other officer, official, agent, employee or volunteer of the CITY shall be personally liable to CONSULTANT or otherwise in the event of any default or breach of the CITY, or for any amount which may become due to CONSULTANT or any successor in interest, or for any obligations directly or indirectly incurred under the terms of this Agreement.
26. EXECUTION. Each individual or entity executing this Agreement on behalf of Applicant represents and warrants that he or she or it is duly authorized to execute and deliver this Agreement on behalf of Applicant and that such execution is binding upon Applicant.
This Agreement may be executed in several counterparts, each of which shall constitute one and the same instrument and shall become binding upon the parties when at least one copy hereof shall have been signed by both parties hereto. In approving this Agreement, it shall not be necessary to produce or account for more than one such counterpart.
IN WITNESS WHEREOF, the parties have executed this Agreement in one (1) or more copies as of the date and year first written above.
CONSULTANT CITY OF CONCORD, a Municipal
Corporation
By:_________________________________ By:______________________________ Name: Cedrick Major Name: Gregory Taylor
Title: Owner/Managing Partner Title IT Director
Address: 1397 S. Maya Way Address: 1950 Parkside Drive
Mountain House, CA 95391 Concord, CA 94519
Telephone: (559)519-6796 Telephone: (925) 671-3189
Email: [email protected]
APPROVED AS TO FORM: ATTEST:
Susanne Meyer Brown Joelle Fockler, MMC
City Attorney City Clerk
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FINANCE DIRECTOR'S CERTIFICATION:
Concord, California
Date:
I HEREBY CERTIFY THAT ADEQUATE FUNDS EXIST OR WILL BE RECEIVED DURING THE CURRENT FISCAL YEAR 23/24 TO PAY THE ANTICIPATED EXPENSES TO BE INCURRED PURSUANT TO THIS CONTRACT.
THE SUM OF $_________________. Account Code .
Finance Director's Signature
The City of Concord: Infrastructure and Security Support Services EXHIBIT A: Scope of Services
PTCE Group is proposing the following professional services engagement to provide day-to-day operational and future project support in the network, server, voice over IP, virtualization, and security technology areas at The City of Concord. PTCE will perform troubleshooting, analysis, configuration, implementation, and project management services to fulfill the objectives of The City of Concord.
Engagement Governance
PTCE Group will:
1. Work with Customer's technical points of contact to meet defined objectives for operational support.
2. Work with the Customer’s project manager(s) to develop any needed project definitions and project workplans. PTCE Group and Customer's project manager(s) will be the points of contact for issue resolution and will continuously monitor progress to minimize potential risks.
3. Provide experienced consultants to work with the Customer to evaluate requirements and desired outcomes for the service. PTCE Group agrees to perform services as listed below, with the understanding that said services can be modified after initial analysis and planning as agreed to by both parties. If additional hours are needed the Customer must use the Change Order process to request hours, with both PTCE Group and Customer agreeing to the change in scope before actual work effort begins.
4. Determine with the client the reporting and status process for the engagement. a. Kickoff Call
b. Regularly scheduled status calls
c. Status reports
d. Escalation process
Infrastructure and Security Support
1. Operational Network Support:
Provide support for the day-to-day operation of the network at the City of Concord. Assist with additions, changes, and troubleshooting efforts. Implement new hardware according to the City of Concord’s new network infrastructure designs and plans.
Assist with the replacement of failed hardware.
Maintain and/or create network infrastructure documentation.
2. Voice Over IP(VoIP) Support
Provide support for the day-to-day operation of the Voice over IP environment at the City of Concord. This is to include supporting the Voice UCS server platform along with the Cisco Call Manger, Cisco Unity Connection and Cisco Emergency Responder systems. Assist with any moves, adds and changes as needed and troubleshooting efforts. Maintain and/or create documentation of the Voice over IP environment.
3. Server Infrastructure Support
Provide support for the day-to-day operation of the server infrastructure at the City of Concord. This includes supporting new server implementations, maintaining existing systems and troubleshooting issues as they arise.
Maintain and/or create documentation of the server infrastructure environment.
4. Infrastructure Virtualization Support
Provide support for the day-to-day operation of the virtualization environment at the City of Concord. This includes supporting additions, changes and troubleshooting issues as they arise in the Citrix and VMware environments.
Maintain and/or create documentation of the virtualization environment.
5. Firewall Support
Provide support for the day-to-day operation of the firewall environment at the City of Concord. This includes supporting additions, changes and troubleshooting issues as they arise.
Maintain and/or create documentation of the firewall environment.
6. Cisco Umbrella Support
Provide support for the day-to-day operation of the Cisco Umbrella environment at the City of Concord. This includes supporting additions, changes and troubleshooting issues as they arise.
Maintain and/or create documentation of the Cisco Umbrella environment.
7. Future projects in the areas of Network, Servers, Voice over IP, Virtualization and Security Provide architectural and engineering services for future projects in the Network, Server, Voice over IP, Virtualization and Security technology domains.
Customer responsibilities
1. Assign an individual to assist in scheduling and coordinating the client side resources.
2. Provide appropriate access to the environment and related systems.
Fee Structure
Services are performed on a time and material basis and will be billed monthly.
Description Rate
Infrastructure Support $100/hr.
Signatures
The parties through their authorized representatives signing below, hereby agree to the terms of this Statement of Work as of the Effective Date.
The City of Concord PTCE Group
Signature Signature
Name Name
Title Title
Date: Date:
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EXHIBIT “B”
CONSULTANT shall procure and maintain for the duration of the contract insurance against claims from injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder and the results of that work by CONSULTANT, their agents, representatives, employees or subcontractors.
MINIMUM SCOPE OF INSURANCE.
Coverage shall be at least as broad as:
1. Commercial General Liability Policy: CONSULTANT shall maintain during the term of this Agreement a commercial general liability insurance policy providing coverage of at least one million ($1,000,000) combined single limit per occurrence or two million ($2,000,000) aggregate limit for bodily injury, personal injury and property damage. The coverage shall contain no special limitations on the scope or protection afforded to CITY, its officers, officials, agents, employees, or volunteers. CONSULTANT’s insurance coverage shall be primary insurance with respect to CITY, its officers, officials, agents, employees, and volunteers. Any insurance, risk pooling arrangement, or self-insurance maintained by CITY, its officers, officials, agents, employees, or volunteers shall be in excess of CONSULTANT’s insurance and shall not contribute with it.
2. Automobile Liability Coverage. CONSULTANT shall maintain automobile liability insurance covering all vehicles used in the performance of this Agreement providing a one million dollar ($1,000,000) combined single limit per occurrence for bodily injury, personal injury, and property damage.
3. Professional Liability Coverage (Errors and Omissions). CONSULTANT shall maintain professional liability insurance with coverage for all negligent errors, acts or omissions committed by CONSULTANT, its agents and employees in the performance of this Agreement. The amount of this insurance shall be not less than one million dollars ($1,000,000) on a claims made annual aggregate basis or a combined single limit per occurrence basis.
4. Workers Compensation: CONSULTANT covenants that it will insure itself against liability for Workers' Compensation pursuant to the provisions of California Labor Code §3700, et seq.
CONSULTANT shall, at all times, upon demand of the CITY, furnish proof that Workers' Compensation Insurance is being maintained by it in force and effect in accordance with the California Labor Code. The insurer shall also agree to waive all rights of subrogation against the CITY, its officers, officials, agents, employees and volunteers for losses arising from work performed under this Agreement. This provision shall not apply upon written verification by CONSULTANT that CONSULTANT has no employees.
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If CONSULTANT maintains broader coverage and/or higher limits than the minimums shown above, the CITY requires and shall be entitled to the broader coverage and/or higher limits maintained by CONSULTANT. A lapse in any required insurance coverage during this Agreement shall be a breach of this Agreement.
The policies are to contain, or be endorsed to contain the following provisions:
1. Additional Insured. CITY, its officers, officials, agents, employees, and volunteers are to be covered as an additional insured as respects: Liability arising out of activities performed by or on behalf of CONSULTANT and operations of CONSULTANT, premises owned, occupied, or used by CONSULTANT. The coverage shall contain no special limitations on the scope or protection afforded to CITY, its officers, officials, agents, employees, or volunteers.
Except for worker's compensation and professional liability insurance, the policies mentioned in this subsection shall name CITY as an additional insured and provide for notice of cancellation to CITY. CONSULTANT shall also provide timely and prompt notice to CITY if CONSULTANT receives any notice of cancellation or nonrenewal from its insurer.
2. Primary Coverage. CONSULTANT'S insurance coverage shall be primary insurance with respect to CITY, its officers, officials, agents, employees, and volunteers. Any insurance, risk pooling arrangement, or self-insurance maintained by CITY, its officers, officials, agents, employees, or volunteers shall be in excess of CONSULTANT'S insurance and shall not contribute with it.
3. Reporting Provisions. Any failure to comply with the reporting provisions of the policy shall not affect the coverage provided to the CITY, its officers, officials, agents, employees, or volunteers.
4. Verification of Coverage. CONSULTANT shall furnish CITY with certificates of insurance and the original endorsements effecting coverage required by this Agreement. The certificates and endorsements for each insurance policy are to be signed by a person authorized by that insurer to bind coverage on its behalf. The aforementioned policies shall be issued by an insurance carrier having a rating of Best A-7 or better which is satisfactory to the City Attorney and shall be delivered to CITY at the time of the execution of this Agreement or before work commences. Such policies and certificates shall be in a form approved by the City Attorney. CITY reserves the right to require complete certified copies of all required insurance policies at any time.
5. Inclusion in Subcontracts. To the extent any of the services required of CONSULTANT under this Agreement are subcontracted to a third party, CONSULTANT shall include all of the provisions of this Section in all such subcontracts as obligations of the subcontractor.
Staff Report
Date: June 27, 2023
To: City Council
From: Valerie J. Barone, City Manager
Reviewed by: Jasmin Loi, Director of Human Resources
Prepared by: James Peavey, Human Resources Manager
[email protected]
(925) 671-3397
Subject: Considering adoption of a Resolution approving the negotiated terms and authorizing the City Manager to execute a three-year memorandum of understanding between the City of Concord and the Office and Professional Employees
International Union Local 29 for the period of July 1, 2023 through June 30, 2026, and authorizing budget appropriations of $36,100 in Fiscal Year 2023-24 and $37,800 in Fiscal Year 2024-25.
CEQA: Not a project/exempt pursuant to Public Resources Code Section 21065, 14 Cal Code Reg. Sections 15060, 15061, 15273, and/or 15378.
Report in Brief
The term of the current memorandum of understanding between the City of Concord and the Office and Professional Employees International Union (OPEIU), Local 29 will expire on June 30, 2023. Over the past several months, City of Concord negotiators and OPEIU Local 29 representatives bargained in good faith regarding a successor memorandum of understanding. On May 22, 2023, the parties reached a tentative agreement which has been incorporated into the MOU before Council. On May 26, 2023, the OPEIU Local 29 membership ratified the tentative agreement. The terms of the successor memorandum of understanding (Exhibit A to Attachment 1) will cost $2 million over the three-year term of the agreement and requires budget appropriations of $36,100 in Fiscal Year 2023-24 and $37,800 in Fiscal Year 2024-25. The
5.n
City Council Agenda Report
Agenda Item No. 5.n
June 27, 2023
implementation costs of the third year of the memorandum of understanding will be incorporated into a future budget.
Recommended Action
Adopt a Resolution approving the negotiated terms and authorizing the City Manager to execute a three-year memorandum of understanding between the City of Concord and the Office and Professional Employees International Union Local 29 for the period of July 1, 2023 through June 30, 2026, and authorizing budget appropriations of $36,100 in Fiscal Year 2023-24 and $37,800 in Fiscal Year 2024-25.1 Background
The terms of the current memorandum of understanding between the City of Concord and the OPEIU Local 29 is set to expire on June 30, 2023. Over the past several months, City of Concord negotiators and OPEIU Local 29 representatives bargained in good faith regarding a successor memorandum of understanding and reached a tentative agreement on May 22, 2023. On May 26, 2023, the OPEIU Local 29 membership ratified the tentative agreement.
Analysis
The noteworthy memorandum of understanding modifications are to employee salaries; specifically, the following base wage increases and market adjustments (the remaining substantive provisions of the memorandum of understanding are unchanged):2 Effective the first full pay period after July 1, 2023, all bargaining unit classifications base wages will increase 5%.
Effective the first full pay period after July 1, 2023, all bargaining unit classifications will receive a one time non-precedent setting market equity adjustment of 1%.
Effective the first full pay period after July 1, 2024, all bargaining unit classifications base wages will increase 5%.
Effective the first full pay period after July 1, 2025, all bargaining unit classifications base wages will increase 4%.
Effective the first full pay period after July 1, 2025, all bargaining unit classifications will receive a one time non-precedent setting market equity adjustment of 1%.
1 A copy of the Resolution is found as Attachment 1. A copy of the successor memorandum of understanding is at Exhibit A of to Attachment 1.
2 To assist in tracking changes between the current MOU and the recommended successor MOU, a redline version is found as Attachment 2.
City Council Agenda Report
Agenda Item No. 5.n
June 27, 2023
Financial Impact
The total cost of the comprehensive negotiated changes to the memorandum of understanding is $2 million over the three year term of the agreement. Budget appropriations of $36,100 for Fiscal Year 2023-24 and $37,800 for Fiscal Year 2024-25 are necessary to cover the costs of implementation of the terms of the successor memorandum of understanding. Funds are available in the adopted budget for Fiscal Year 2023-24 and Fiscal Year 2024-25 for the remainder of the costs of the memorandum of understanding. Costs for Fiscal Year 2025-26 will be incorporated into the next biennial budget.
Environmental Determination
City Council action herein is exempt from California Environmental Quality Act (CEQA) review because none of the activities has the potential for resulting in either a direct physical change in the environment, or a reasonably foreseeable indirect physical change in the environment, the activities consist of continuing administrative or maintenance activities, creation of government funding mechanisms or other government fiscal activities, and/or organizational or administrative activities of government, which do not constitute a “project” within the meaning of Public Resources Code Section 21065, CEQA Guidelines Sections 105060(c)(2), 15060(c)(3), 15273, and/or 15378 (including subsections (b)(2), (4) and/or (5)), and the activities do not constitute discretionary approval of a specific project. If any activity were determined to be a “project” for CEQA analysis, such activity is either subject to a categorical exception set forth in CEQA Guidelines Section 15061(b)(2) or falls within the “Common Sense” CEQA exemption set forth in CEQA Guidelines Section 15061(b)(3). No unusual circumstances exist and none of the exceptions under CEQA Guidelines Section 15300.2 apply. This determination reflects the City of Concord’s independent judgment and analysis.
Public Contact
The City Council Agenda was posted.
Attachments:
1. Resolution approving the negotiated terms and authorizing the City Manager to execute a three-year memorandum of understanding between the City of Concord and the Office and Professional Employees International Union Local 29 for the period of July 1, 2023 through June 30, 2026, and authorizing budget appropriations of $36,100 in Fiscal Year 2023-24 and $37,800 in Fiscal Year 2024-25, with Exhibit A: Memorandum of understanding between the City of Concord and the Office and Professional Employees International Union Local 29 for the period of July 1, 2023 through June 30, 2026
2. Redline version of the memorandum of understanding between the City of Concord and the OPEIU Local 29 tracking the changes between the current memorandum of understanding and the successor memorandum of understanding
Res. No. 23-XX 1
BEFORE THE CITY COUNCIL OF THE CITY OF CONCORD
COUNTY OF CONTRA COSTA, STATE OF CALIFORNIA
A Resolution Approving the Memorandum of
Understanding between the City of Concord and the
Office and Professional Employees International
Union Local 29 for the period July 1, 2023 through
June 30, 2026, and Authorizing Budget
Appropriations of $36,100 in Fiscal Year 2023-24 and
$37,800 in Fiscal Year 2024-25
Resolution No. 23-XX
/
WHEREAS, the term of the current memorandum of understanding between the City of Concord and the Office and Professional Employees International Union Local 29 is set to expire on June 30, 2023; and
WHEREAS, over the past several months, City of Concord negotiators and the Office and Professional Employees International Union Local 29 representatives bargained in good faith regarding a successor memorandum of understanding and reached a tentative agreement on May 22, 2023; and
WHEREAS, the Office and Professional Employees International Union Local 29 membership ratified the tentative agreement on May 26, 2023; and WHEREAS, the attached successor memorandum of understanding between the City of Concord and the Office and Professional Employees International Union Local 29 contains the terms and conditions of employment for the classifications represented by the Office and Professional Employees International Union Local 29 for the period of July 1, 2023 through June 30, 2026 (Exhibit A); and
WHEREAS, the total cost of the comprehensive negotiated changes to the memorandum of understanding over three years (Fiscal Years 2023-24, 2024-25 and 2025-26) is $2 million; and WHEREAS, budget appropriations of $36,100 for Fiscal Year 2023-24 and $37,800 for Fiscal Year 2024-25 are necessary to cover the costs of the implementation of the terms of the successor memorandum of understanding; and
Attachment 1
Res. No. 23-XX 2
WHEREAS, funds are available in the adopted budget for Fiscal Year 2023-24 and Fiscal Year 2024-25 for the remainder of the costs of the memorandum of understanding; and WHEREAS, costs for Fiscal Year 2025-26 will be incorporated into the next biennial budget; and
WHEREAS, City Council, after giving all public notices required by state law and Concord Municipal Code, held a duly noticed public meeting on June 27, 2023, on this item and at such public meeting considered the staff report dated June 27, 2023, together with all other relevant oral and written information, testimony, and comment received, before deciding on this item.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF CONCORD DOES RESOLVE AS FOLLOWS:
Section 1. Determines that City Council action herein is exempt from California Environmental Quality Act (CEQA) review because none of the activities has the potential for resulting in either a direct physical change in the environment, or a reasonably foreseeable indirect physical change in the environment, the activities consist of continuing administrative or maintenance activities, creation of government funding mechanisms or other government fiscal activities, and/or organizational or administrative activities of government, which do not constitute a “project” within the meaning of Public Resources Code Section 21065, CEQA Guidelines Sections 105060(c)(2), 15060(c)(3), 15273, and/or 15378 (including subsections (b)(2), (4) and/or (5)), and the activities do not constitute discretionary approval of a specific project. If any activity were determined to be a “project” for CEQA analysis, such activity is either subject to a categorical exception set forth in CEQA Guidelines Section 15061(b)(2) or falls within the “Common Sense” CEQA exemption set forth in CEQA Guidelines Section 15061(b)(3). No unusual circumstances exist and none of the exceptions under CEQA Guidelines Section 15300.2 apply. This determination reflects the City of Concord’s independent judgment and analysis.
Section 2. Approves the attached successor memorandum of understanding between the City of Concord and the Office and Professional Employees International Union Local 29 for the period of July 1, 2023 through June 30, 2026.
Res. No. 23-XX 3
Section 3. Approves budget appropriations of $36,100 for Fiscal Year 2023-24 and $37,800 for Fiscal Year 2024-25 to cover the costs of the implementation of the terms of the successor memorandum of understanding.
Section 4. Authorizes the City Manager to execute the successor memorandum of understanding on behalf of the City of Concord and to execute such documents and take such other steps as might be necessary or desirable to implement the memorandum of understanding.
Section 5. This resolution shall become effective immediately upon its passage and adoption.
PASSED AND ADOPTED by the City Council of the City of Concord on June 27, 2023, by the following vote:
AYES: Councilmembers -
NOES: Councilmembers -
ABSTAIN: Councilmembers -
ABSENT: Councilmembers -
I HEREBY CERTIFY that the foregoing Resolution No. 23-XX was duly and regularly adopted at a regular meeting of the City Council of the City of Concord on June 27, 2023.
Joelle Fockler, MMC
City Clerk
APPROVED AS TO FORM:
Susanne Meyer Brown
City Attorney
Exhibit A: Memorandum of Understanding between the City of Concord and the Office and Professional Employees International Union Local 29 for the period of July 1, 2023 through June 30, 2026
MEMORANDUM OF UNDERSTANDING
Between
The City of Concord
and
Office and Professional Employees
International Union (OPEIU), Local 29
Local
AFL-CIO & CLC
July 1, 2023 – June 30, 2026
29 Exhibit A to Attachment 1
Table of Contents
i
SUBJECT PAGE
1. RECOGNITION......................................................................................................... 1
1.1. Representation by Employees.............................................................................2
1.2. Establishment of Classification ...........................................................................2
1.3. Membership.......................................................................................................2
1.4. Union Release....................................................................................................3
2. SCOPE OF AGREEMENT........................................................................................ 3
3. EMPLOYEE RIGHTS............................................................................................... 3
4. HOURS OF WORK ................................................................................................... 3
4.1 Breaks...............................................................................................................3
4.2 Clean-up ............................................................................................................3
4.3 Meals.................................................................................................................3
4.4 Alternate Work Schedule....................................................................................4
4.5 Telecommuting Agreement ................................................................................4
5. PAY ............................................................................................................................ 4
5.1 Step Increases.....................................................................................................4
5.2 Pay for Higher Class Work .................................................................................4
5.3 Pay Administration Tables..................................................................................5
5.4 Registration Differential......................................................................................5
5.5 Bilingual Pay......................................................................................................5
5.6 Salary Changes...................................................................................................5
5.7. Steps/Merit System ............................................................................................5
6. OVERTIME............................................................................................................... 6
7. HOLIDAYS................................................................................................................ 6
8. VACATIONS.............................................................................................................. 7
9. REDUCTIONS IN FORCE/LOSS OF EMPLOYMENT STATUS........................... 8
9.1 Layoff and Reemployment.................................................................................8
9.2 Loss of Employment Status ...............................................................................8
Table of Contents
ii
10. LEAVES OF ABSENCE............................................................................................ 9
10.1 Sick Leave.........................................................................................................9
10.2 Bereavement Leave..........................................................................................10
10.3 Family Care Leave...........................................................................................10
10.4 Catastrophic Leave...........................................................................................10
11. JURY DUTY............................................................................................................. 11
12. NON DISCRIMINATION........................................................................................ 11
13. DISCIPLINE PROCEDURE.................................................................................... 11
13.1 Cause of Disciplinary Action ............................................................................11
13.2 Extent of Disciplinary Actions..........................................................................12
13.3 Authority for Disciplinary Actions ....................................................................13
13.4 Notice to Employees.........................................................................................14
13.5 Employee Response .........................................................................................14
13.6 Order of Disciplinary Action.............................................................................14
13.7 Effective Date..................................................................................................14
13.8 Right of Appeal................................................................................................15
13.9 Employee Representative..................................................................................15
13.10 Appeal Procedure.............................................................................................15
13.11 Waiver of Steps or Time Limits ........................................................................17
13.12 No Interruption of Work...................................................................................17
14. GRIEVANCE PROCEDURE................................................................................... 17
14.1 Definition.........................................................................................................17
14.2 Employee Representative..................................................................................17
14.3 Class Actions ...................................................................................................18
14.4 Parties’ Intent...................................................................................................18
14.5 Procedure.........................................................................................................18
15. SAFETY AND HEALTH ........................................................................................ 20
15.1 Safety..............................................................................................................20
15.2 Wellness Program............................................................................................20
15.3 Drug and Alcohol Use and Testing....................................................................20
Table of Contents
iii
16. BENEFIT PLANS..................................................................................................... 21
16.1 Medical............................................................................................................21
16.2 Dental..............................................................................................................28
16.3 Long Term Disability .......................................................................................28
16.4 Life Insurance ..................................................................................................29
16.5 Retirement .......................................................................................................29
16.6 Deferred Compensation ....................................................................................29
16.7 Employee Assistance........................................................................................29
16.8 Tuition Reimbursement ....................................................................................29
16.9 Retirement Award Package...............................................................................30
17. ENTIRE AGREEMENT.......................................................................................... 30
17.2 Severability......................................................................................................30
18. REVISIONS, AMENDMENTS, EXTENSIONS...................................................... 30
19. PAPERLESS PAYROLL......................................................................................... 30
20. TERM OF AGREEMENT....................................................................................... 31 Attachment A: Pay Table Professional Unit............................................................................ i Attachment B: Retirement Award Package.............................................................................vi Attachment C: Educational Incentive Program.................................................................... vii Educational Incentive Program Request Form ..................................................................... xii Attachment D: Side Letters................................................................................................. xiii Signatures.........................................................................................................................xviii
This Memorandum of Understanding (MOU) made and entered into effective the first day of July 2023, by and between the City of Concord (hereafter referred to as “City” or “Employer”) and the Office and Professional Employees International Union (OPEIU) Local 29 (hereafter referred to as “Local 29,” or “Unit” as appropriate).
1. RECOGNITION
The City recognizes the OPEIU Local 29 (“Local 29” or “Union”) formerly known as the Concord Associated Professional Employees or “CAPE” as the Certified Employee Organization for the Professional Representation Unit.
This MOU entered into between the Union and the City represents the result of meeting and conferring in good faith in accordance with Section 3505 of the California Government Code.
The adjustments to wages, hours and conditions of employment that are set forth in this MOU have been discussed in good faith between the parties hereto. The members of the Professional Employees, have ratified the terms and conditions in the MOU, 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. Unless otherwise noted herein, changes to wages, hours, and conditions of employment are prospective following City Council approval of the MOU.
The section headings in this MOU are for convenience only and are not to be construed as modifying or governing the language in the section referred to.
As used in this MOU, the term “Employee(s)” refers to full time competitive service members of the Unit. The Professional Representation Unit is comprised of employees in the classifications set forth in Exhibit A hereto.
MEMORANDUMOF UNDERSTANDING
Between
The City of Concord
and
Office and Professional Employees
International Union
(OPEIU) Local 29
Memorandum of Understanding between the
City of Concord and OPEIU Local 29 July 1, 2023 - June 30, 2026
1.1 Representation by Employees
For purposes of meeting and conferring in good faith regarding wages, hours, and working conditions with the Professional Employees, the City, upon 24-hour notice, will provide time off with pay to no more than three 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.
1.2 Establishment of Classification
When the City establishes a new classification, the City shall notify Local 29 of its intention to establish the new classification and the unit placement of the classification. Notice under this provision will be accomplished by e-mailing Local 29 a copy of or link to the agenda packet for the meeting at which the City Council is scheduled to establish of the new classification.
OPEIU may request that the Human Resources Director meet to discuss the unit placement of the new classification. Such request shall be in writing and must be made prior to the Council meeting at which the unit placement is to be determined.
Except as provided in the City’s Classification Plan, the decision of the Human Resources Director shall be final.
1.3 Membership
1.3.1 Purpose
The parties mutually understand and agree that under the Meyers-MiliasBrown Act (Government Code section 3500 et seq.), all employees represented by Local 29, have the right to join or not join the Union.
1.3.2 Union Dues
(a) Upon written notice from the Union 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 Union. Dues deductions begin the beginning of the pay period following the City’s receipt of notice from the Union.
(b) The employee’s earnings must be sufficient after the other legal and required deductions are made to cover the amount of the dues authorized. When an employee is in a non-pay status for an entire pay period, no withholding will be made to cover the pay period from future earnings. In the case of an employee in a non-pay status only during part of the pay period, whose salary is not sufficient to cover the full withholding, no deduction shall be made. In the case of an employee who is receiving catastrophic leave benefits during a pay period, no deduction shall be made. In this connection, all other legal and required deductions (including health care and insurance deductions) have priority over Union dues.
Memorandum of Understanding between the
City of Concord and OPEIU Local 29 July 1, 2023 - June 30, 2026
(c) The provisions of the above shall not apply during periods that an employee is separated from the representation unit, but shall be reinstated upon the return of the employee to the representation unit. For the purpose of this section, the termseparation includestransfer out of the representation unit, layoff, and leave of absence without pay.
1.3.3 New employee orientation and membership information is attached as Attachment D
1.3.4 Indemnification
The Union agrees to hold harmless, indemnify and defend the City and its officers, employees and agents against any and all claims, proceedings and liability arising, directly or indirectly, out of any actions taken or not taken by or on behalf of the City under this Section.
1.4 Union Release
The City agrees to pay up to eight (8) hours biannually for a maximum of two (2) stewards to attend stewards’ council meetings, training, and other union-sponsored meetings. Requests for time off pursuant to this article shall be made at least two (2) weeks in advance, except by mutual agreement.
2. SCOPEOFAGREEMENT
This MOU applies to all classifications assigned to Local 29 by the Personnel Board pursuant to Policy and Procedure No. 37.34, Section 4.
3. EMPLOYEE RIGHTS
3.1 The Parties hereby incorporate by reference Policy and Procedure No. 37.34, Section 3, in effect on the date of this MOU. Changes to any Policy and Procedure referenced in this MOU will become effective only after satisfying the City’s meet and confer obligations.
4. HOURS OFWORK
4.1 Breaks
There shall be provided one 15-minute relief break within each 4-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.
4.2 Clean-up
There shall be provided, if necessary, five minutes cleanup time prior to the meal period and also at the end of the employee's workday.
4.3 Meals
All City vehicles involved in field crew operations will not leave the field job site during the meal period and employees are not to be provided travel time to return to yard or other locations for meals. The City will provide waterless soap and towels
Memorandum of Understanding between the
City of Concord and OPEIU Local 29 July 1, 2023 - June 30, 2026
for those at work in the field.
4.4 Alternate Work Schedule
By mutual agreement between the Department Head and employee, subject to approval of the City Manager and side letter signed by the Union, the parties may agree to an alternate work schedule. Any agreement will be subject to a thirty (30) day termination notice by either party. The City will provide at least two weeks’ notice to return from regularly scheduled telecommuting, whenever possible. The City reserves the right to require an employee to return with less than 2-weeks’ notice in casessuch as emergencies or a significant unexpected operational need as determined by the City.
4.5 Telecommuting Agreement
By mutual agreement between the Department Head and the employee, subject to approval of the City Manager and side letter signed by the Union, the parties may agree to a Telecommuting Agreement. Any agreement will be subject to a thirty (30) day termination notice by either party. (See Administrative Directive No. 162, section K, and Administrative Directive No. 118.)
5. PAY
5.1 Step Increases
The Parties hereby incorporate by reference Policy and Procedure No. 37.7 Employment Status – Pay Plan, Section 3.4, in effect on the date of this MOU.
Changes to Policy and Procedure No. 37.7, Section 3.4 will become effective only after satisfying the City’s meet and confer obligations.
5.2 Pay for Higher Class Work
The Parties hereby incorporate by reference Policy and Procedure No. 37.6 Classification Plan, in effect on the date of this MOU. Changes to Policy and Procedure No. 37.6 will become effective only after satisfying the City’s meet and confer obligations.
The City will continue its practice of budgeting and paying all employee costs related to training and fees associated with required professional certification as specified in the respective job classifications.
5.2.1 Working Out of Class
5.2.1.1 Definition.Employees who are temporarily assigned by the City Manager, or designee, to perform a substantial amount of additional work customarily assigned to a higher classification.
5.2.1.2 Pay Differential. The salary increase received by an employee when working out-of-class will be determined by the City Manager based on the range of duties assigned. However, the standard increase will be five percent (5%). Once the Out-ofClass assignment ends, the pay differential shall be terminated.
Memorandum of Understanding between the
City of Concord and OPEIU Local 29 July 1, 2023 - June 30, 2026
Termination of the pay differential is not discipline and the disciplinary appeal process does not apply under these
circumstances.
5.2.1.3 Duration. Out-of-Class assignments must not extend pastsix (6) months except through written authorization of the City Manager, or designee.
5.2.1.4The parties agree that to the extent permitted by law, the City shall report this pay to CalPERS as special compensation for Classic members only (as that term is defined by CalPERS) under 2 CCR 571(a)(3) – Temporary Upgrade Pay.5.3 Pay Administration Tables
5.3.1 Pay Table Professional Unit - Table of Pay Grades and Hourly RateRanges as of the first full pay period following ratification and approval of the MOU is found at Attachment A
5.3.2 Any class that is placed in a salary rate higher than its assigned pay grade shall carry the class's assigned pay grade designation as recommended by that study, coded by the letter "M" indicating a special rate authorized due to competitive rates found in the market place, or for whatever reason agreed upon as a result of the meet and confer process.
5.4 Registration Differential
The registration differential for Junior Civil Engineers and for Assistant Civil Engineers who have received registration from the Board of Registration for Professional Engineers of the California Department of Consumer Affairs shall be non-cumulative 5% of each step within the pay range. The amount of this registration differential shall be included in base pay and subject to related fringe benefits.
5.5 Bilingual Pay
The City will pay a $150 per month bilingual premium to City-designated employees who have been certified as fluent in a language that meets the City’s operational needs
The parties agree that to the extent permitted by law, the City shall report this pay to CalPERS as special compensation under Title 2 CCR, Sections 571(a)(4) and 571.1(b)(3) as Bilingual Premium.
5.6 Salary Changes
Effective the first full pay period after Council approval of this MOU or the first full pay period of July 2023, whichever is later, bargaining unit members shall receive a five percent (5%) wage increase and a one percent (1%) market adjustment.
Effective the first full pay period after July 1, 2024, bargaining unit
Memorandum of Understanding between the
City of Concord and OPEIU Local 29 July 1, 2023 - June 30, 2026
members shall receive a five percent (5%) wage increase.
Effective the first full pay period after July 1, 2025, all bargaining unit members shall receive a four percent (4%) wage increase and a one percent (1%) market adjustment.
5.7. Steps/Merit System
Effective October 1, 2013, Local 29 members began participation in the Results Based Performance Management System for salary step increase eligibility.
Normally, and as a general rule, upon employment, reemployment, rehire, and upon progress and productivity, employees shall be considered for initial placements and subsequent step advancement according to Policy & Procedure 37.7 Employment Status – Pay Plan.
An employee who receives an overall “Not Fully Achieves Expectations” will not be considered for any merit or length of service step advancement until an overall “Achieves Expectations” rating is established. Where an employee receives an overall rating of “Not Fully Achieves Expectations” on two consecutive occasions, disciplinary action may be taken by the appointing authority as provided in Section
13. An employee who receives an overall “Not Fully Achieves Expectations” and does not receive a step increase may appeal this decision to his or her Department Head.
If the employee is not satisfied with the outcome of the decision he/she may request a meeting with the City Manager. The City Manager will meet with the employee to discuss the evaluation. The employee may be accompanied by their union representative. The decision of the City Manager will be final.
6. OVERTIME
6.1 The Parties hereby incorporate by reference Policy and Procedure No. 37.14, Overtime, in effect on the date of this MOU. All classifications covered by this MOU shall be assigned to Overtime Group A. Employees shall be granted either time off equivalent to one and one-half times the overtime hours worked, or cash compensation equivalent to one and one-half times their straight time rate of pay for the overtime hours worked. Employees entitled to overtime may accumulate up to a maximum of 160 hours compensatory time off with pay. The City shall balance accounts twice annually in April and October.
6.2 An employee may request up to forty (40) hours of Compensatory Time earned (Comp Time) to be paid in cash in accordance with the following provisions:
6.2.1 During the periods April 15 through April 30 and October 15 through October 30, the employee may elect to receive cash for up to forty (40) hours’ worth of Comp Time earned.
6.2.2 Payment of the cash in lieu of Comp Time off shall be made no later than the last payday occurring in the following month.
Memorandum of Understanding between the
City of Concord and OPEIU Local 29 July 1, 2023 - June 30, 2026
6.2.3 Payment of cash in lieu of time off shall not exceed the employee’s Comp Time balance on hand at the time of the payment.
7. HOLIDAYS
The following shall be provided as holidays for purposes of wages and hours of work for eligible full time employees:
Observed
New Year’s Day .................................................... January 1 st
Martin Luther King Jr. Day .................................... Third Monday in January Washington's Birthday............................................ Third Monday in February Memorial Day........................................................ Last Monday in May Independence Day.................................................. July 4 th
Labor Day ............................................................. First Monday in September Veteran's Day ........................................................ November 11th Thanksgiving Day.................................................. As Proclaimed by the President Day Following Thanksgiving................................... As Proclaimed by the President Christmas Eve....................................................... December 24th Christmas Day ....................................................... December 25th
7.1 In addition, the City will credit each full-time employee’s compensatory time bank with an additional three (3) hours of straight time leave in the first pay period in March.
8. VACATIONS
8.1 Except as provided immediately below, the Parties hereby incorporate by reference Policy and Procedure No. 37.17 in effect on the date of this MOU. Provided, however, that the maximum vacation balance available for an employee at any one time shall be the amount of the employee's vacation accrual for the previous anniversary year plus the amount of the vacation accrualfor the current anniversary year. However, upon approval of the Department Head, up to 40 additional days of vacation may be accumulated for a period not to exceed one anniversary year.
Changes to Policy and Procedure No. 37.17 will become effective only after satisfying the City’s meet and confer obligations.
8.1.1 Annual Vacation Cash-Out. For the purposes of reducing excess vacation accrual, employees may elect to receive compensation (“cash-out”), annually, for a maximum of 40 hours of accruedvacation each year,so long as two workweeks of accrued vacation remain for the benefit of the employee after the cash-out is taken. This election must be made in writing no later than December 31 of the calendar year prior to when the cash-out is
Memorandum of Understanding between the
City of Concord and OPEIU Local 29 July 1, 2023 - June 30, 2026
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 (which will be made available in the Human Resources Department). 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.
8.1.2 On September 9 of each calendar year, employees in pay status shall accrue an additional eight (8) hours of vacation in lieu of an Admissions Day holiday. Such vacation accrualshall occur at the end of the pay period which includes September 9 and shall be credited to the employee's vacation balance regardless of the number of hours paid during the pay period.
However, such vacation accrual shall not be credited in any amount that exceeds the employee's vacation accrual maximum unless specifically authorized by, and at the sole discretion of, the City Manager after considering alternatives that may be available. The City agrees to provide advance notification to those employees who may, as a result of such crediting, exceed their vacation maximum so that they may schedule vacation time or initiate other appropriate action in order to avoid a loss.
Such notification shall be with the understanding that it is the employee's responsibility to initiate the appropriate request. For purposes of this section, pay status means the employee has worked or is on authorized paid leave of absence for at least four hours on the workday prior to and following the holiday. Employees on authorized or unauthorized leaves of absence without pay are not considered to be in pay status during the leave of absence.
9. REDUCTIONS IN FORCE/LOSS OFEMPLOYMENTSTATUS
9.1 Layoff and Reemployment
The Parties hereby incorporate by reference Policy & Procedure No. 37.33 Layoff, Displacement, Re-employment in effect on the date of this MOU. Changes to Policy & Procedure No. 37.33 will become effective only aftersatisfying the City’s meet and confer obligations.
Layoffs shall proceed consistent with the terms of existing City policy. However, in the event layoffs are required, the City will provide up to thirty (30) calendar days’ notice to affected bargaining unit employees. If the City determines it is appropriate to give less than thirty (30) calendar days’ notice, it will pay the employee the difference between the notice period and the thirty calendar days. For example, if the City gives an employee ten (10) days’ notice of layoff, the City will pay the employee his or her normal pay for the period between the tenth and thirtieth day.
Memorandum of Understanding between the
City of Concord and OPEIU Local 29 July 1, 2023 - June 30, 2026
9.2 Loss of Employment Status
The Parties hereby incorporate by reference Policy & Procedure No. 37.7 Employment Status – Pay Plan, Section 2.3.6, and Policy & Procedure No. 37.20 Personal Leave, Section 3.8 in effect on the date of this MOU. Changes to Policy & Procedure No. 37.7, Section 2.3.6, and Policy & Procedure No. 37.20, Section
3.8 will become effective only after satisfying the City’s meet and confer obligations.
10. LEAVES OFABSENCE
10.1 Sick Leave
The Parties hereby incorporate by reference Policy and Procedure No. 41, in effect on the date of this MOU, subject to the changes described below. Changes to Policy and Procedure No. 41, other than those to incorporate the exceptions below, will become effective only after satisfying the City’s meet and confer obligations.
10.1.1 The accrual of sick leave for an eligible employee (an employee in the Competitive Service or those in Appointive Positions) shall be at the rate of 3.692 hours credited at the end of each full bi-weekly pay period during which such an employee receives 56 hours straight time pay. No sick leave 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.
10.1.2 Upon retirement, or termination when eligible for retirement, unused accrued sick leave can be used to extend service credit and an employee will receive 0.004 years of service credit for each 8 hours of unused accrued sick leave. Alternatively, an employee can elect to cash out up to 800 hours of unused accrued sick leave atthe rate of two hours of pay for each 8 hours of unused accrued sick leave. An employee can also elect a combination of cashout up to the maximum 800 hours (200 hours pay) and extended service for the balance.
10.1.3 For an eligible full-time employee, sick leave shall be available as it accrues at the end of each pay period following date of eligible employment.
10.1.4 In the event of the death of a parent-in-law, grandparents of employee or spouse, the employee's sick leave benefit may be used in the same manner as applies to the employee's "immediate family" under provisions of Policy & Procedure No. 41, titled "SICK LEAVE".
10.1.5 In the case of the employee's illness due to pregnancy, sick leave shall apply to those periods when the employee is expected to return to work during the term of the pregnancy. If the employee is ordered to cease work by her physician due to pregnancy, the employee should be allowed to use any available sick leave, vacation, or compensatory time,
Memorandum of Understanding between the
City of Concord and OPEIU Local 29 July 1, 2023 - June 30, 2026
and authorized leave of absence without pay during the period commencing with the cessation of work to the date released to return to work by the attending physician. An extension of paid absence beyond this period through the use of available vacation and comp time is at the discretion of the appointing authority. An extension of authorized leave of absence without pay shall be in accordance with Policy & Procedure No. 77 Family and Medical Leave.
10.1.6 Not more than one hundred and twenty (120) hours of sick leave within any calendar year may be granted to an employee for the care or attendance upon the members of the employee's immediate family.
Eighty (80) hours of sick leave per any calendar year may be used for bereavement leave.
10.1.7 Use of Sick Leave. An eligible employee can only be granted sick leave with pay upon recommendation of the appointing authority for the following:
10.1.7.1 In the case of a bona fide illness of the employee.
10.1.7.2 In the event of the serious illness a member of the employee’s immediate family.
Immediate Family means an employee's: spouse; biological, adoptive or foster parent (including a step-parent, or legal guardian of an employee or the employee’s spouse or
registered domestic partner, or a person who stood in loco parentis when the employee was a minor child); child
(defined to include a biological or legally adopted child, a foster child, a step-child, legal ward, or a child to whom the employee stands in loco parentis. This definition of child is applicable regardless of age or dependency status.);
registered domestic partner; parent-in-law; sibling;
grandchild; grandparent; designated person, which is defined as any individual related by blood or whose association with the employee is the equivalent of a family relationship (the employee may identify one designated person per 12-month period at the time they request the leave); or any or either of them.
10.1.703 In the event of a scheduled medical or dental appointment for the eligible employee, the employee’s spouse, the
employee’s registered domestic partner, or the employee’s dependent children that requires the employee’s absence from work.
10.2 Bereavement Leave
10.2.1 Paid Bereavement Leave
Memorandum of Understanding between the
City of Concord and OPEIU Local 29 July 1, 2023 - June 30, 2026
An employee will be entitled to a maximum of five (5) paid days of bereavement leave due to the death of an employee’s family member.
For purposes of this section, the term “family member” means spouse or a child, child-in-law, parent, parent-in-law, sibling, grandparent, grandchild, grandchild-in-law, or domestic partner as defined by California Government Code 12945.2.
10.2.2 Other Conditions
Days of bereavement leave need not be consecutive but shall be completed within three months of the date of death of the family member.
If requested by the City, the employee, within thirty (30) days of the first day of leave, shall provide documentation of the death of the family member. As used in this section, “documentation” includes, but is not limited to, a death certificate, a published obituary, or written verification of death, burial, or memorial services from a mortuary, funeral home, burial society, crematorium, religious institution, or governmental agency.
10.3 Family Care Leave
The parties hereby incorporate by reference Policy and Procedure No. 77, in effect on the date of this MOU. Changes to Policy and Procedure No. 77 will become effective only after satisfying the City’s meet and confer obligations.
10.4 Catastrophic Leave
The parties hereby incorporate by reference Administrative Directive No. 157, in effect on the date of this MOU. Changes to Administrative Directive No. 157 will become effective only after satisfying the City’s meet and confer obligations.
11. JURYDUTY
The parties hereby incorporate by reference Policy and Procedure No. 47, in effect on the date of this MOU. Changes to Policy and Procedure No. 47 will become effective only after satisfying the City’s meet and confer obligations.
12. NON DISCRIMINATION
The parties fully subscribe to the City’s policy providing an environment free of unlawful discrimination in its work place, programs, and activities. An employee who engages in impermissible discrimination will be subject to appropriate remedial action, which may include discipline, up to and including termination, depending upon the nature and severity of the discriminatory act.
13. DISCIPLINEPROCEDURE
13.1 Cause of Disciplinary Action
Memorandum of Understanding between the
City of Concord and OPEIU Local 29 July 1, 2023 - June 30, 2026
Disciplinary measures may be taken for any good and sufficient cause. Cause for disciplinary action shall include:
13.1.1 Fraud in securing appointment or falsification concerning records, fellow employees, or work performed.
13.1.2 Incompetency or inefficiency.
13.1.3 Inexcusable neglect of duty.
13.1.4 Insubordination.
13.1.5 Willful disobedience.
13.1.6 Endangering self or others, or failure to follow adopted safety practices, or failure to properly use required personal protective gear or equipment.
13.1.7 Being under the influence of alcohol or any controlled substances while on duty; including but not limited to drunkenness on duty or intoxication on duty.
13.1.8 Illegal use of narcotics or drugs or use to the detriment of work performance.
13.1.9 Dishonesty or immorality.
13.1.10 Conviction by any state or by the Federal Government for a crime, the punishment for which could have been imprisonment in a federal penitentiary or a state prison; or conviction of any crime involving moral turpitude.
13.1.1 Unauthorized absence without leave.
13.1.12 Discourteous or non-cooperative treatment of the public or other employees.
13.1.13 Misuse of or misappropriation of City property or funds.
13.1.14 Improper political activity as defined in Section 2.40.180 of the Municipal Code.
13.1.15 Failure to abide by any condition of employment stipulated in the Personnel Ordinance; Personnel Rules, any personnel Policy & Procedure, Administrative Directive or Memorandum of Understanding used in the establishment and maintenance of the City's personnel program; or by formal action of the Council or Board.
13.1.16 Failure to meet financial obligations to the extent that this leads to repeated attachment or garnishment of wages.
13.1.17 Acceptance of gifts or gratuities for favors or services performed during the course of City employment or due to City employment.
13.1.18 NoCity-owned, leased, or rented equipment, autos, trucks, instruments, tools, supplies, machines, or any other item which is the property of the City shall be used by any City employee while said employee is engaged in any outside employment or activity for compensation or otherwise for personal use, except upon prior authorization of the City Manager. Further, no City employee shall allow any person to rent, borrow, or use any of the items mentioned, except upon prior authorization of the City Manager.
Memorandum of Understanding between the
City of Concord and OPEIU Local 29 July 1, 2023 - June 30, 2026
Violations and Penalties. Any violation of these provisions respecting use of City property shall constitute sufficient grounds for disciplinary action, including immediate dismissal of the employee from the City service.
13.1.19 Any other acts or omissions which are incompatible with or unfavorable to the public service.
13.1.20 Consuming, purchasing, or transporting any alcoholic beverages or illegal substances, or abusing the use of controlled substances during any portion of the paid duty time. This includes all coffee breaks, unpaid lunch breaks and during any overtime hours worked. The consumption of alcoholic beverages or illegal substances during unpaid lunch breaks is likewise prohibited.
Note: The Union’s agreement to prohibit consuming alcoholic beverages or illegal substances during unpaid lunch breaks was conditioned upon implementation of the same policy for managers and professional as well as the ATC/F&O units. That condition has been fulfilled.
13.2 Extent of Disciplinary Actions
The extent of the disciplinary action taken shall be commensurate with the offense, provided that the prior employment history of the employee may also be considered pertinent. The disciplinary actions that may be taken are written reprimand, suspension without pay, reduction in step within range, demotion without consent, dismissal, or any appropriate combination of these.
13.2.1 Warning Notice is an informal procedure used by a supervisor to caution an employee and is not an official disciplinary action. The warning notice may be issued verbally or in writing. If the notice is presented in writing, the form titled “Employee Discussion Record” (Form PER 30) shall be used, and it shall be retained within the employee's department and purged after one (1) year if the situation corrects itself. In using this procedure, a written warning is not to be forwarded to the Human Resources Director 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.
13.2.2 Written Reprimand as a disciplinary action means 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 said cause is not corrected. Written reprimands shall be given in the manner and on forms prescribed or accepted by the Human Resources Director. 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. Written reprimands are not subject to the discipline appeal procedure, but may be subject to the grievance
Memorandum of Understanding between the
City of Concord and OPEIU Local 29 July 1, 2023 - June 30, 2026
procedure.
13.2.3 Suspension without pay shall be a temporary separation from City service not to exceed thirty (30) consecutive days.
13.2.4 Reduction in Step within range as a disciplinary measure is the withdrawal of step advancements granted for merit, efficiency, and length of service. Reduction in pay shall become effective on the effective date of the disciplinary action. Reduction may be made on permanent or temporary basis.
13.2.5 Demotion without consent as a disciplinary action shall be a reduction in classification to a classification having a lower maximum salary with reduction in salary in accordance with Policy & Procedure 37.7 Employment Status – Pay Plan, section 3.4.7. Demotion without consent may be made to the classification having the lowest maximum salary in the classification series or a classification series comparable to that within which the employee's position is located. Demotion may be made on a permanent or temporary basis.
13.2.6 Dismissal means the termination of an employee from the City service.
13.3 Authority for Disciplinary Actions
The appointing authority shall have authority to take disciplinary action, provided also that the appointing authority 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 appointing authority. The Human Resources Director 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 Director may be notified as soon as possible subsequent to the time the action is taken.
13.4 Notice to Employees
Before taking any of the disciplinary actions specified in Section 13.2 of the MOU against any employee who has passed a probationary period for a position in the City's Competitive Service, 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:
13.4.1 A statement describing the proposed disciplinary action.
13.4.2 A reference to the rule or standard violated.
13.4.3 A summary of the facts, including acts or omissions, which substantiate that the rule or standard was violated.
13.4.4 A statement that the employee may review and request copies of materials upon which the proposed disciplinary action is based.
13.4.5 A statement that the employee upon whom such Notice of Intent to take
Memorandum of Understanding between the
City of Concord and OPEIU Local 29 July 1, 2023 - June 30, 2026
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.
13.4.6 A statement that failure to respond to the notice will be regarded as a waiver of the employee's subsequent right to respond to the notice.
13.5 Employee Response
Upon the employee’s request, and for cause acceptable to the appointing authority, the City may extend the period for submitting a response. 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.
13.6 Order of Disciplinary Action
At the expiration of the response period, and after consideration of the employee’s response, if any, the appointing authority shall determine if disciplinary action is warranted. If so, a written notice, including specific charges as to offense and the time, place, and circumstances of such offense shall be made to the employee at the time when any disciplinary action is made effective, provided that in emergency situations or other instances when simultaneous notification is not practicable, written notification may be given the following normal City working day. Said notice shall, whenever possible, be made in the form prescribed by the Human Resources Director and copies shall be submitted to the Human Resources Director for the employee's official personnel record.
13.7 Effective Date
A disciplinary action shall be effective as of the time designated by the person or persons authorizing the action, provided that no disciplinary action shall be recorded with an effective date which is prior to the date such action is taken. In addition, except for suspensions under emergency situations, the effective date shall not be earlier than the date of the notice of Order of Disciplinary Action.
13.8 Right of Appeal
An employee 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.
Written reprimands shall not be subject to the discipline appeal process, but may be subject to the grievance procedure as provided in Section 14 (Grievance Procedure).
13.9 Employee Representative
At any step in the discipline appeal procedure, the employee concerned will be represented by the Union or, alternatively, may elect self-representation. In either case, the employee concerned shall be personally present at all stages unless that employee specifically waives the right in writing.
13.10 Appeal Procedure
Memorandum of Understanding between the
City of Concord and OPEIU Local 29 July 1, 2023 - June 30, 2026
The following procedure shall be used in the appeal process:
13.10.1 Protest. Within seven (7) working days of the receipt of written notice of Order of Disciplinary Action, the disciplined employee may protest the disciplinary action. Such protest shall be in writing and given to the Human Resources Director.
13.10.2 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 City Manager or designee and the employee.
13.10.3 Specification of Intent. The City Manager or designee 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 City Manager or designee 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.
13.10.4 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 City Manager’s or designee’s specification of intention, request in writing to the Human Resources Director that an investigation and decision of the matter be made by either, but not both, the Personnel Board or an arbitrator, subject, in cases submitted to arbitration, to the execution in writing of “An Agreement for Arbitration” signed by the employee, the employee's representative (if any), and the City Manager.
13.10.5 Personnel Board. In considering an employee appeal, the Personnel Board shall investigate and hear the appeal and shall make findings and a decision. The decision of the Personnel Board will have the effect of a judgment.
13.10.6 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 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
Memorandum of Understanding between the
City of Concord and OPEIU Local 29 July 1, 2023 - June 30, 2026
the event the first arbitrator is not available. This procedure shall be followed until there is an available arbitrator.
The cost of arbitration, including the incidental expenses of the hearing shall be borne equally by the parties.
13.10.7 Decision - Final and Binding. The decision of the Personnel Board or the arbitrator, whichever is selected, shall be made in writing within ten (10) working days of the close of the investigation and/or hearing; direct the appropriate appointing authority in the disposition of the case; and shall be final and binding upon both parties. The Personnel Board or the arbitrator, whichever is selected, shall be restricted to the interpretation and application of existing policies, rules, directives, or procedures and shall not change existing wage rate schedules or employee benefits.
13.10.7.1 Modification or Revocation. The PersonnelBoard or the arbitrator, whichever selected, may modify or revoke a
disciplinary action based on any of the following guidelines:
13.10.7.1.1 There is no evidence to justify the
disciplinary action taken.
13.10.7.1.2 A violation or omission of procedure for
disciplinary action was made, which violation
or omission resulted in prejudice to the
employee.
13.10.7.1.3 The action taken resulted from political,
religious, or racial bias or prejudice.
13.10.7.1.4 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.
13.10.7.2 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 13.7 and ending with the date of final decision.
Limitation: No reimbursement shall be made for any portion of the said period during which the employee was not ready, willing, and able to perform the duties of the position (excluding bona fide sick leave).
13.11 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.
Memorandum of Understanding between the
City of Concord and OPEIU Local 29 July 1, 2023 - June 30, 2026
13.12 No Interruption of Work
During the determination of a discipline appeal herein, there shall be no interruption of scheduled work relating to the discipline appeal, except as provided by Section
13.9. For purposes of grievances or appeal meetings, the City will provide time off with pay for no more than the aggrieved employee, plus one other employee during the employee's normal work hours. Meetings held outside the employee's normal work hours shall be on the employee's own time.
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 above for the limited time required to cover the subject. Meetings held outside of that employee's normal work hours shall be on the employee's own time.
14. GRIEVANCEPROCEDURE
14.1 Definition
A grievance is any dispute which involves the interpretation or application of any provision of this MOU excluding, however, those provisions of this MOU which specifically provide that the decision of any City official shall be final; the interpretation or application of those provisions not being subject to the grievance procedure.
14.2 Employee Representative
At any step in the grievance procedure, the employee concerned will be represented by the Union or, alternatively, may elect self-representation. In either case, the employee concerned shall be personally present at all stages unless that employee specifically waives the right in writing.
14.3 Class Actions
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 Union. In a class action grievance, the named employee directly concerned shall be personally present at all stages.
14.4 Parties’ Intent
It is the intent to deal with and settle grievances informally, and at the earliest 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.
14.5 Procedure
14.5.1 First Step. The employee or employees concerned shall first make efforts to resolve such grievance with their immediate supervisor concerned. The grievance shall be submitted to the supervisor within
Memorandum of Understanding between the
City of Concord and OPEIU Local 29 July 1, 2023 - June 30, 2026
thirty (30) calendar days following the occurrence of the events on which the grievance is based.
14.5.2 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 submit the grievance in 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 employee's Department Head. A copy of the written grievance shall be sent to the Director of Human Resources. The Department Head or the person appointed by the Department Head to hear and determine the grievance at this step shall make such investigation of the facts and issues asis required and reacha conclusion atthe earliest date consistent with the nature of the investigation and with normal conduct of the department's business. Upon reaching such conclusion, but in any event within seven (7) working days of the receipt of the grievance statement, the Department Head or the person appointed by the Department Head shall reply in writing stating the department's view of the issue involved.
14.5.3 Third Step.If the grievance has not been disposed of in the second step, the employee, within seven (7) working days after receiving the department's written reply, shall forward the written grievance to the City Manager or the City Manager's designated representative, who will review the facts and issues and make such further investigation as is necessaryand 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.
14.5.4 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.
14.5.5 PersonnelBoard.Inconsidering an employee grievance, the Personnel Board shall hear and investigate the grievance and shall make findings and a decision. The decision of the Personnel Board will have the effect of a judgment.
14.5.6 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,
Memorandum of Understanding between the
City of Concord and OPEIU Local 29 July 1, 2023 - June 30, 2026
will apply.
The arbitrator shall be selected from among a list of no more than ten (10) names provided by the California State Conciliation Service, the American Arbitration Association, or a similar body mutually agreed to between the parties. After a toss of a coin to decide which party shall move first, the representative of the City and the employee (or the employee's representative) shall alternately strike one name from the list until one name remains and such person shall act as the arbitrator. The next to the last name stricken shall be the alternate arbitrator to serve in the event the first arbitrator is not available.
This procedure shall be followed until there is an available arbitrator.
The cost of arbitration, including the incidental expenses of the hearing shall be borne equally by the parties.
14.5.7 Decision - Final and Binding. The decision of the Personnel Board or the arbitrator, whichever is selected, shall be made in writing within ten (10) working days of the close of the investigation and/or hearing, shall direct the appropriate appointing authority in the disposition of the case, and shall be final and binding upon both parties. In each grievance matter, the Personnel Board and the arbitrator shall be restricted to the interpretation and application of existing policies, rules, directives, or procedures and shall not change existing wage rate schedules or employee benefits.
14.6 Waiver of Steps orTime 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.
14.7 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 14.2.
15. SAFETY AND HEALTH
15.1 Safety
15.1.1 Safety Committee. There shall be a City Employee Safety Committee.
Committee members shall designate a chairperson and vice chairperson, one of whom will regularly attend the meetings of the Executive Safety Committee. In order to facilitate the committee's work, its members or alternates will be provided reasonable time to meet without causing overtime compensation or interfering with the needs of the City. The City will notify the Union of Safety Committee vacancies and the Union may make committee appointments after consulting with, and considering the concerns of, the employees' Department Head. The Union shall be entitled to appoint up to two committee members and one alternate for each representation unit. If the Union elects not to make an appointment, the City Manager may.
Memorandum of Understanding between the
City of Concord and OPEIU Local 29 July 1, 2023 - June 30, 2026
15.1.2 Safety boots.TheCity will provide an annual allowance in the amount of $300 to employees who are required to perform field work for the purpose of purchasing safety boots complying with standards established by the Safety Committee. This allowance shall be paid in the first full pay period in July.
15.1.3 The City shall provide to employees assigned to Building Inspection Supervisor, Public Works Supervisor, and Construction Inspection Supervisor classifications an annual clothing allowance of $350. Such allowance shall be paid in 26 equal installments over the fiscal year, beginning with the first full pay period in July. In the event there is a 27th payroll in the fiscal year, there will be no payment in the last pay period of the year.. The purpose of this allowance is for the purchase of a uniform as designated by the Director of Community Development and Director of Public Works. The wearing and use of such uniform shall conform to the Uniform Policy set by the Director of Community Development.
On a one-time non-precedent setting basis, employees who are CalPERS "classic" members (as defined by CalPERS) who retire in Fiscal Year 2022-23, the City shall restate its uniform allowance reporting to CalPERS to ensure the $350 paid in the first full pay period in July 2021 is reported evenly throughout Fiscal Year 2021-22 if the employee provides the City with at least 90 calendar days' notice prior to his/her retirement date. If the employee provides less than 90 calendar days advance notice of his/her retirement date, the City is not obligated to restate its uniform allowance reporting to CalPERS.
The City shall provide to Administrative Assistants assigned to supervise Community Service officers, an annual clothing allowance of $750. Such allowance shall be paid in 26 equal installments over the fiscal year, beginning with the first full pay period in July. In the event there is a 27th payroll in the fiscal year, there will be no payment in the last pay period of the year. The purpose of this allowance is for the purchase of a uniform as designated by the Chief of Police. The wearing and use of such uniform shall conform to the Uniform Policy set by the Chief of Police.
On a one-time non-precedent setting basis, employees who are CalPERS "classic" members (as defined by CalPERS) who retire in Fiscal Year 2022-23, the City shall restate its uniform allowance reporting to CalPERS to ensure the $750 paid in the first full pay period in July 2021 is reported evenly throughout Fiscal Year 2021-22 if the employee provides the City with at least 90 calendar days' notice prior to his/her retirement date. If the employee provides less than 90 calendar days advance notice of his/her retirement date, the City is not obligated to restate its uniform allowance reporting to CalPERS.
Memorandum of Understanding between the
City of Concord and OPEIU Local 29 July 1, 2023 - June 30, 2026
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. The parties agree it is ultimately CalPERS who determines whether any form of pay is reportable special compensation.
15.1.4 All employees performing field work shall be provided, on an individual basis, safety glasses pursuant to Policy and Procedure No. 106, in addition to hard hats, and safety vests.
15.2 Wellness Program
The City shall maintain a Wellness Program for all City of Concord employees.
Local 29 has the right to have a seat on the committee as designated by the Union.
The City will provide program funding.
15.3 Drug and Alcohol Use and Testing
15.3.1 No employee shall use, purchase, sell, or transport any alcoholic beverages or illegal substances, or abuse the use of controlled substances during any portion of the paid duty time. Paid duty time includes all "coffee breaks", lunch breaks, whether paid or unpaid, and any overtime hours worked.
15.3.2 In addition to existing rules governing use of alcohol and drugs or being under the influence while on duty, drinking alcoholic beverages during unpaid lunch is also prohibited. Note: The Association's agreement to this provision was conditioned upon implementation of the same policy for mid-managers, executive managers, and members of the Local 856 bargaining unit. That condition has been fulfilled.
15.3.3 The parties agree that the issue of how prescription as well as over-thecounter drugs are used and regulated for employees is a matter of mutual importance and concern. Supervisors and employees have a common responsibility for maintaining safe working conditions. These common responsibilities include a need to be sensitive to the ways in which prescription and over-the-counter drugs may affect work performance and safety. Supervisors also have a responsibility for protecting confidentiality of medical information regarding employees.
15.3.4 An employee who violates these provisions will be subject to disciplinary action.
16. BENEFIT PLANS
16.1 Medical
16.1.1 Active Employees
16.1.11 The City shall continue to contract with CalPERS for medical insurance plans for unit employees through the term
Memorandum of Understanding between the
City of Concord and OPEIU Local 29 July 1, 2023 - June 30, 2026
of this Agreement.
16.1.1.2 The City shall pay 90% of the 2016 Kaiser premium at each rate of coverage (Employee Only, Employee plus 1, and
Employee plus 2 or more):
Employee only $ 671.82
Employee + One Dependent $1,343.65
Employee + Two or more Dependents $1,746.74
16.1.1.3 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 premiums.
The City contribution towards medical premiums shall be calculated as follows: 90% of 2016 Kaiser premium +
((current Kaiser premium – 2016 Kaiser premium)*(.75)). 60 days prior to the effective date of the new Kaiser premium rates, as announced by CalPERS, the parties will meet to calculate the City and employee contributions.
16.1.1.4 The parties agree to re-open to meet and confer on regulatory changes related to the Affordable Care Act which arise
during the term of this MOU.
16.1.2 Flexible Spending Account (IRC Section 125)
The City shall maintain the current Flexible Spending
Account/Cafeteria Plan (FSA) offered by the City. The FSA will include accounts for dependent care, medical premium co-payment, and medical expenses.
The parties also agree that the City may pay the employer portion of medical premiums (less the statutorily mandated PEMHCA
contribution) through the FSA. The parties understand that the City’s use of the FSA as a vehicle for its medical contributions would not change the City or employee’s overall contribution to active medical premiums as set forth in this agreement.
16.1.2.1 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.
16.1.2.2 The City shall make a direct contribution equal to the minimum employer contribution for agencies participating in the Public Employees Medical and Hospital Care Act
Memorandum of Understanding between the
City of Concord and OPEIU Local 29 July 1, 2023 - June 30, 2026
(PEMHCA) on behalf of each active employee.
16.1.2.3 The City shall make a premium contribution on behalf of each active employee in an amount which, together with the minimum PEMHCA contribution, equals the City
contribution calculated in Section 16.1.1. For 2023, the PEMHCA minimum is $151.
[EXAMPLE: If the PEMHCA minimum contribution is $151,
and the City’s share of premium for Employee Only is $797.27, then the City will make a direct PEMHCA payment of $151 and make available $646.27 to the employee under the premium conversion arrangement.]
16.1.2.4 Any employee who has health plan coverage as a result of being an eligible dependent of another City employee, or who has health plan coverage as an eligible dependent of a person employed elsewhere, may request that their health plan coverage as an employee of the City be terminated, and that they be paid the amount of the monthly health waiver benefit as follows:
For those qualified and hired by the City of Concord
before January 1, 2015, Medical in Lieu shall be
$500. (These employees also received a one-time
lump sum payment in the amount of $750, which was
paid during the first full pay period in January 2015); For those qualified and hired by the City on or after January 1, 2015, Medical in Lieu shall be $200; and
the “waiver” benefit shall be capped at these levels.
Employees who opt out of the CalPERS medical plan
and receive cashmust provide the following: (1)
proof that the employee and all individuals for whom
the employee intends to claim a personal exemption
deduction (“tax family”), have or will have minimum
essential coverage through another source (other than
coverage in the individual market, whether or not
obtained through Covered California) for the plan
year to which the opt out arrangement applies (“opt
out period”); and (2) the employee must sign an
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
Memorandum of Understanding between the
City of Concord and OPEIU Local 29 July 1, 2023 - June 30, 2026
Plan Type – Basic Plan (Pre-Medicare)
such alternative coverage, or if the conditions in this paragraph are not otherwise satisfied. Employees and
known dependents who do not provide the annual
information required will be enrolled in the lowest
cost health plan.
16.1.2.5 Consistent with applicable laws and regulations, each worker may authorize salary deductions for any benefits permitted by law and provided for in the FSA plan document. Those benefits will include:
a. Health insurance in accordance with PERS
regulations and Federal law;
b. Child care expenses not otherwise reimbursed by the
City;
c. Any qualified personal medical, dental and vision
care expenses not covered by the City’s plans,
including but not limited to deductibles, copayments, medication and medical equipment; d. Commuter Benefits
16.1.3 Retiree Medical Insurance
16.1.3.1 Current employees hired prior to 7/12/2016 and who meet the requirements set forth in this section shall be vested in the flat dollar contribution rates set forth in the chart below.
For active employees hired before 7/12/2016 and who work for the City of Concord continuously for five (5) or more years, who retire directly from the City, in accordance with CalPERS and PEMHCA requirements, the City shall
reimburse the retirees up to the following amounts
determined by the level of coverage selected and plan type:
Plan Types:
Basic Plan (Pre-Medicare)
Supplemental Medicare Plan (Retiree and dependent(s) are Medicare eligible) Combination Plan (when at least one covered party – retiree or dependent are Medicare eligible but at least one of the other covered individuals is not Medicare eligible) Level of Coverage City Monthly Contribution
Single Party Only $671.82
Two-Party $1,343.65
Family $1,746.74
Memorandum of Understanding between the
City of Concord and OPEIU Local 29 July 1, 2023 - June 30, 2026
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 Retiree contributions will vary based on future changes to health premiums and health plan selected. However, the City contribution shall be capped at the levels listed above.
City contributions to medical premiums shall not exceed 100% of the premium cost for the applicable level of Kaiser coverage.
16.1.3.2 Employees hired on or after 7/12/2016 and employees hired before 7/12/2016 but who work fewer than five (5)
continuous years for the City of Concord shall have no
vested right to retiree medical benefits beyond the minimum contribution rate provided by law. However, any employee who retired directly from City of Concord and was eligible for the retirement medical benefit prior to 7/12/2016, but subsequently returns to employment with Concord shall
retain his/her eligibility for retirement health benefits pursuant to 16.1.3.1. In addition, any employee who has received a conditional offer of employment with the City prior to 7/12/2016 shall be treated as an active employee on the effective date for purposes of section 16.1.3.1.
16.1.4 Nothing in this agreement shall preclude the City from selecting an alternative health care provider (other than PEMHCA) after the expiration of this agreement, subject to bargaining obligations under state law. However, should the City change health care providers in the future, it shall continue to pay toward retiree health coverage in the amounts set forth in 16.1.3.1.
16.1.5 The City agrees to provide employee and dependent coverage as
Memorandum of Understanding between the
City of Concord and OPEIU Local 29 July 1, 2023 - June 30, 2026
determined in 16.1.1 above when an employee 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.
16.1.6 Health Care Coverage for Disabled Eligible Employees Health care coverage may be extended to disabled eligible employees subject to the following provisions:
16.1.6.1 Definitions
16.1.6.1.1 Eligible employee means a person currently
employed full-time by the City of Concord in a
competitive service position.
16.1.6.1.2 Dependent means the eligible employee's legal spouse and/or children eligible for coverage by one
of the City's health care programs.
16.1.6.1.3 Extended health care coverage means continued eligibility to participate in and be covered by the
City provided CalPERS health plan after
commencement of Long Term Disability benefits.
16.1.6.1.4 Individual coverage means coverage under the City provided CalPERS health plan for the disabled
eligible employee or the surviving spouse of a
disabled eligible employee.
16.1.6.1.5 Residual Balance of Unused Sick Leave means all hours of unused sick leave in excess of 800 hours.
16.1.6.2 Eligibility
16.1.6.2.1 Extended health care coverage shall be
limited to those eligible employees who, in
the future, will become eligible and continue
to be eligible to receive benefits under the
City of Concord's long term disability
program.
16.1.6.2.2 Participation in extended health care coverage program by a disabled eligible employee and
the employee’s dependent(s) shall be
voluntary.
16.1.6.2.3 Extended health care conversion coverage
will cease on the last day of the month for
which long term disability benefits are
payable. Continued enrollment in the
Memorandum of Understanding between the
City of Concord and OPEIU Local 29 July 1, 2023 - June 30, 2026
CalPERS health plan will be available as a
continuation benefit at the employee's
expense under standard Leave of Absence
provisions.
16.1.6.3 Scope ofExtended Health Care Coverage
16.1.6.3.1 Extended health care coverage shall not
include prescription drug programs that are
independent of available health plans.
Continuation of dental plan coverage is at the
entire expense of the eligible employee and is
not included under the sick leave conversion
provisions of this section.
16.1.6.3.2 Participants in the extended health care
coverage program shall, when eligible, apply
for Medicare, parts A and B and/or other
insurance programs under which there is an
entitlement to benefits.
16.1.6.4 Participation/Election Options
At the time an eligible employee commences receipt of
benefits from the City's Long Term Disability program, the eligible employee who elects to participate in the extended health care coverage program may choose one of the
following options.
16.1.6.4.1 Option 1 - Conversion of Entire Sick Leave
Balance
Convert the entire unused sick leave balance
available at the date the employee
commences receipt of benefits on the basis of
one month of prepaid health care coverage
for each 8 hours of unused sick leave. The
number of unused sick leave hours shall be
divided by 8 and rounded to the nearestwhole
number to determine the number of months
of fully paid CalPERS Health Plan coverage
as described in section 16.1.1 above.
16.1.6.4.2 Option 2 - Conversion ofResidualBalance
of Sick Leave
Freeze 800 hours of the unused sick leave
balance available at the date the employee
commences receipt of benefits from the
City's Long Term Disability program. The
Memorandum of Understanding between the
City of Concord and OPEIU Local 29 July 1, 2023 - June 30, 2026
residual balance of unused sick leave
(excess over 800 hours) may be converted
to fully- paid extended health care coverage
as described above. At the time of service
retirement occurring while the eligible
employee is eligible to receive benefits
from the City's long term disability
program, an eligible employee may receive
the dollar value of the frozen 800 hours of
unused sick leave computed at the rate of
two hours of pay for each eight hours of sick
leave accrual, or use the frozen sick leave to
extend service credit at the rate of 0.004
years of service credit for each8 hours of
unused accrued sick leave.
16.1.6.4.3 Option 3 - Payment for Participation
In lieu of converting any unused sick leave
as described in Options 1 and 2 above, the
eligible employee may choose to
participate by paying the entire monthly
premium rate for the selected CalPERS
coverage to the City by the 10th of each
month.
16.1.6.4.4 Except as provided immediately above, if
the eligible employee elects to use any or
all of the unused sick leave balance as an
option for extended health care coverage,
the employee may not at a later date
receive any portion of the unused sick
leave in cash, even if the employee elects
to no longer participate in the extended
health care coverage program.
16.1.6.5 Death of Disabled Eligible Employee
16.1.6.5.1 Upon the death of the spouse of a disabled
eligible employee who has been covered
under these conversion provisions, any or
all of the unused months of fully-paid
extended health care coverage will be
made available to the disabled eligible
employee.
16.1.6.5.2 Upon the death of the disabled eligible
employee, the surviving spouse may
continue on extended health care until the
Memorandum of Understanding between the
City of Concord and OPEIU Local 29 July 1, 2023 - June 30, 2026
number of months originally covered is
exhausted.
16.1.6.5.3 Upon remarriage, a surviving spouse may
continue individual coverage in the
extended health care coverage by paying
the full amount required for such
coverage. Health care coverage for
eligible dependent children of the
deceased eligible employee would be at
the sole expense of the surviving spouse.
16.1.6.6 Conversion ofSick Leave to Retirement Service Credit Nothing contained in this section affects an eligible
employee's rights under Section 2809.B.6. of the Retirement Ordinance to convert all unused sick leave to retirement service credit as described in section 10.1.2.
16.1.7 Domestic Partner Coverage
Registered domestic partners of bargaining unit employees shall be eligible to qualify as dependents under the City’s medical and dental plans, subject to the conditions set forth by the benefit carriers.
16.2 Dental
The City shall maintain the current dental and orthodontia plan, described in the Delta Dental “Evidence of Coverage”, Group No. 3676-1016, for the term of this MOU and will pay the cost of any increase in monthly dental premiums which become effective during the term of this MOU.
Minor changes in the dental plan that may be stipulated by the dental claims administrator asmandatory may be incorporated into the described health insurance program without contradicting the concept of the "present level of coverage".
16.3 Long Term Disability
The City shall maintain, at the City’s cost, the current Long Term Disability program for the term of this MOU. Individual coverage ceases upon termination of employment. The City will notify the Union and provide an opportunity to meet and confer before changing the level of coverage.
16.4 Life Insurance
The City shall maintain the current City-paid Group Life Insurance program for employees for the term of this MOU. The City will notify the Union and provide an opportunity to meet and confer before changing the level of coverage.
16.5 Retirement
16.5.1 Retirement Formula
Bargaining unit employees hired before November 29, 2010, are
Memorandum of Understanding between the
City of Concord and OPEIU Local 29 July 1, 2023 - June 30, 2026
entitled to retirement benefits under the California Public Employee Retirement System (CalPERS) 2.5% @ 55 retirement formula (Tier I).
Bargaining unit employees hired November 29, 2010, or later, who “classic members” are as defined by CalPERS, are entitled to retirement benefits under the CalPERS 2.0% @ 55 retirement formula (Tier II).
Bargaining unit employees hired January 1, 2013 or later, who are “new members” as defined by CalPERS, are entitled to retirement benefits under the CalPERS 2% @ 62 retirement formula (Tier III).
16.5.2 Employee Contribution Pick-up
Bargaining unit members will pay the entire Member Contribution. For employees in Tier 1, the Member contribution is eight (8%) percent. For employees in Tier 2, the Member Contribution is seven (7%) percent.
For employees in Tier 3, the Member Contribution is one-half of the Normal Cost as calculated by CalPERS (currently 6.25%).
16.6 Deferred Compensation
Employees in the Professional Representation Unit shall be eligible to participate voluntarily in the City of Concord Deferred Compensation Plan 457 and 401K subject to Internal Revenue Service approval. There is no City contribution.
16.7 Employee Assistance
City agrees to pay for six (6) Employee Assistance Program (E.A.P.) counseling sessions per contract year for each employee and for their eligible dependents.
Coverage ceases upon termination of employment. Except for the number of counseling sessions, the E.A.P. shall be at the present level of coverage. If two (2) or more family members are seentogether in one session, eachwould be considered to have used a City-paid session. Costs for more than six (6) sessions for the employee or dependents shall be paid by the employee.
16.8 Tuition Reimbursement
16.8.1 The parties hereby incorporate by reference Policy and Procedure No. 42, in effect on the date of this MOU; provided, however, that the tuition reimbursement under section 4.2 shall be increased to $1,500.00 effective July 8, 2002. Changes to Policy and Procedure No. 42 will become effective only after satisfying the City’s meet and confer obligations.
16.8.2 During 2002, the parties shall meet to develop an incentive plan for employees based on employee development, continuing education, professional certification, or another basis as agreed by the parties. Such incentive program shall become effective in January 2003. See Attachment C -Local 29 Educational Incentive program - effective with Council approval on November 18, 2003.
The parties agree that to the extent permitted by law, the City shall
Memorandum of Understanding between the
City of Concord and OPEIU Local 29 July 1, 2023 - June 30, 2026
report this pay to CalPERS as special compensation under 2 CCR 571(a)(2) and 2 CCR 571.1(b)(4) – Educational incentive.
16.8.3 Upon the written request of the union, the City agrees to constitute a joint committee within ninety (90) calendar days of adoption of the successor MOU whose purpose shall be to review the existing Educational Employee Incentive Program. The committee shall consist of two representatives selected by the union and two representatives chosen by the City. The committee will deliberate for no more than ninety (90) days and shall make its written recommendations regarding changes, if any, to the Human Resources Director for consideration.
16.9 Retirement Award Package
The Retirement Award Package shall be continued as described in Attachment B.
17. ENTIRE AGREEMENT
17.1 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.
17.2 Severability
Should any part of this MOU, or any provision herein contained, be rendered or declared invalid by reason of any existing or subsequently enacted legislation, or by any decree of any court of competent jurisdiction, such invalidation of such part or portions of this MOU shall not invalidate the remaining portions thereof. The remaining portions or parts shall remain in full force and effect. It is mutually agreed that upon such invalidation, the City and the Professional Employees will meet and confer in good faith with reference to the parts or provisions thus invalidated.
This MOU is subject to all existing State Laws and the ordinances, resolutions, and administrative rules of the City, except as expressly provided to the contrary by this MOU.
18. REVISIONS,AMENDMENTS,EXTENSIONS
Neither party shall, during the term of this MOU, demand any change herein, provided that nothing herein shall prohibit the parties from changing the terms of this MOU by mutual agreement.
19. PAPERLESS PAYROLL
20. TERM OF AGREEMENT
This MOU shall be effective upon ratification by approval of the members of Local 29 and approval by the Concord City Council; its effective date shall be asstated upon its adoption
Memorandum of Understanding between the
City of Concord and OPEIU Local 29 July 1, 2023 - June 30, 2026
by the City Council. The term of this MOU shall be from the effective date until June 30, 2026. All salary, benefits, and other provisions in effect on July 1, 2023, shall continue at their same June 30, 2026 level until impasse procedures are exhausted. The parties will commence meeting and conferring toward a successor MOU on or before March 15, 2026
INTENTIONALLY LEFT BLANK
Page i
ATTACHMENT A
CITY OF CONCORD
PAY TABLE PROFESSIONAL UNIT
Job
Code Classification Pay Grade Step Hourly Rate Effective 7/10/23 Hourly Rate
Effective 7/8/24
Hourly Rate
Effective 7/7/25
3536 Accountant I 010* 1 $ 39.7403 $ 41.7273 $ 43.8136
2 $ 41.7274 $ 43.8137 $ 46.0043
3 $ 43.8139 $ 46.0045 $ 48.3047
4 $ 46.0046 $ 48.3048 $ 50.7200
5 $ 48.3047 $ 50.7199 $ 53.2558
6 $ 50.7199 $ 53.2558 $ 55.9185
3530 Accountant II 012* 1 $ 46.4300 $ 48.7515 $ 51.1890 2 $ 48.7514 $ 51.1889 $ 53.7483
3 $ 51.1892 $ 53.7486 $ 56.4360
4 $ 53.7482 $ 56.4356 $ 59.2573
5 $ 56.4359 $ 59.2576 $ 62.2204
6 $ 59.2576 $ 62.2204 $ 65.3314
3709 Administrative Assistant 011 1 $ 37.3703 $ 39.2388 $ 41.2007 2 $ 39.2385 $ 41.2004 $ 43.2604
3 $ 41.2007 $ 43.2607 $ 45.4237
4 $ 43.2606 $ 45.4236 $ 47.6947
5 $ 45.4237 $ 47.6948 $ 50.0795
6 $ 47.6951 $ 50.0798 $ 52.5837
3711 Administrative
Coordinator
013 1 $ 44.8867 $ 47.1310 $ 49.4875
2 $ 47.1312 $ 49.4877 $ 51.9620
3 $ 49.4874 $ 51.9617 $ 54.5597
4 $ 51.9620 $ 54.5601 $ 57.2881
5 $ 54.5603 $ 57.2883 $ 60.1527
6 $ 57.2882 $ 60.1526 $ 63.1602
3114 Assistant Engineer 012* 1 $ 50.4307 $ 52.9522 $ 55.5998 2 $ 52.9524 $ 55.6000 $ 58.3800
3 $ 55.5999 $ 58.3798 $ 61.2987
4 $ 58.3800 $ 61.2990 $ 64.3639
5 $ 61.2990 $ 64.3639 $ 67.5820
6 $ 64.3638 $ 67.5819 $ 70.9609
3134 Assistant Planner 011* 1 $ 39.9583 $ 41.9562 $ 44.0540 2 $ 41.9562 $ 44.0540 $ 46.2567
3 $ 44.0541 $ 46.2568 $ 48.5696
4 $ 46.2569 $ 48.5697 $ 50.9981
Page ii
Job
Code Classification Pay Grade Step Hourly Rate Effective 7/10/23 Hourly Rate
Effective 7/8/24
Hourly Rate
Effective 7/7/25
5 $ 48.5697 $ 50.9981 $ 53.5480
6 $ 50.9980 $ 53.5479 $ 56.2252
3113 Associate Civil Engineer 014* 1 $ 59.9001 $ 62.8951 $ 66.0398 2 $ 62.8952 $ 66.0399 $ 69.3418
3 $ 66.0402 $ 69.3422 $ 72.8093
4 $ 69.3419 $ 72.8089 $ 76.4493
5 $ 72.8093 $ 76.4497 $ 80.2721
6 $ 76.4497 $ 80.2721 $ 84.2857
3132 Associate Planner 012* 1 $ 44.4504 $ 46.6729 $ 49.0065 2 $ 46.6730 $ 49.0066 $ 51.4569
3 $ 49.0066 $ 51.4569 $ 54.0297
4 $ 51.4570 $ 54.0298 $ 56.7312
5 $ 54.0300 $ 56.7315 $ 59.5680
6 $ 56.7315 $ 59.5680 $ 62.5464
3375 Building Inspection
Supervisor
013* 1 $ 51.3392 $ 53.9061 $ 56.6014
2 $ 53.9063 $ 56.6016 $ 59.4316
3 $ 56.6017 $ 59.4317 $ 62.4032
4 $ 59.4315 $ 62.4030 $ 65.5231
5 $ 62.4032 $ 65.5233 $ 68.7994
6 $ 65.5234 $ 68.7995 $ 72.2394
3377 Construction Inspection
Supervisor
012* 1 $ 47.5285 $ 49.9049 $ 52.4001
2 $ 49.9049 $ 52.4001 $ 55.0201
3 $ 52.4000 $ 55.0200 $ 57.7710
4 $ 55.0202 $ 57.7712 $ 60.6597
5 $ 57.7713 $ 60.6598 $ 63.6927
6 $ 60.6598 $ 63.6927 $ 66.8773
7121 Crimes and Intelligence
Analyst
014 1 $ 47.1297 $ 49.4861 $ 51.9604
2 $ 49.4863 $ 51.9606 $ 54.5586
3 $ 51.9603 $ 54.5583 $ 57.2862
4 $ 54.5585 $ 57.2864 $ 60.1507
5 $ 57.2865 $ 60.1508 $ 63.1583
6 $ 60.1510 $ 63.1585 $ 66.3164
3135 Economic Development
Specialist
014 1 $ 47.1297 $ 49.4861 $ 51.9604
2 $ 49.4863 $ 51.9606 $ 54.5586
3 $ 51.9603 $ 54.5583 $ 57.2862
4 $ 54.5585 $ 57.2864 $ 60.1507
5 $ 57.2865 $ 60.1508 $ 63.1583
6 $ 60.1510 $ 63.1585 $ 66.3164
Page iii
Job
Code Classification Pay Grade Step Hourly Rate Effective 7/10/23 Hourly Rate
Effective 7/8/24
Hourly Rate
Effective 7/7/25
3710 GIS Program Analyst 012 1 $ 40.3729 $ 42.3915 $ 44.5110 2 $ 42.3915 $ 44.5110 $ 46.7365
3 $ 44.5110 $ 46.7365 $ 49.0733
4 $ 46.7369 $ 49.0737 $ 51.5273
5 $ 49.0736 $ 51.5272 $ 54.1035
6 $ 51.5274 $ 54.1037 $ 56.8088
3798 Housing Program
Analyst
013 1 $ 44.8867 $ 47.1310 $ 49.4875
2 $ 47.1312 $ 49.4877 $ 51.9620
3 $ 49.4874 $ 51.9617 $ 54.5597
4 $ 51.9620 $ 54.5601 $ 57.2881
5 $ 54.5603 $ 57.2883 $ 60.1527
6 $ 57.2882 $ 60.1526 $ 63.1602
3799 Housing Rehabilitation
Coordinator
013 1 $ 44.8867 $ 47.1310 $ 49.4875
2 $ 47.1312 $ 49.4877 $ 51.9620
3 $ 49.4874 $ 51.9617 $ 54.5597
4 $ 51.9620 $ 54.5601 $ 57.2881
5 $ 54.5603 $ 57.2883 $ 60.1527
6 $ 57.2882 $ 60.1526 $ 63.1602
3797 Housing Rehabilitation
Specialist
010* 1 $ 35.5936 $ 37.3732 $ 39.2418
2 $ 37.3733 $ 39.2419 $ 41.2039
3 $ 39.2419 $ 41.2039 $ 43.2640
4 $ 41.2042 $ 43.2644 $ 45.4276
5 $ 43.2642 $ 45.4274 $ 47.6987
6 $ 45.4276 $ 47.6989 $ 50.0838
3116 Junior Engineer 010* 1 $ 43.0693 $ 45.2227 $ 47.4838 2 $ 45.2229 $ 47.4840 $ 49.8582
3 $ 47.4839 $ 49.8580 $ 52.3509
4 $ 49.8582 $ 52.3511 $ 54.9686
5 $ 52.3511 $ 54.9686 $ 57.7170
6 $ 54.9689 $ 57.7173 $ 60.6031
3702 Microcomputer
Coordinator
011 1 $ 37.3703 $ 39.2388 $ 41.2007
2 $ 39.2385 $ 41.2004 $ 43.2604
3 $ 41.2007 $ 43.2607 $ 45.4237
4 $ 43.2606 $ 45.4236 $ 47.6947
5 $ 45.4237 $ 47.6948 $ 50.0795
6 $ 47.6951 $ 50.0798 $ 52.5837
3791 Neighborhood Services
Supervisor
013* 1 $ 51.3392 $ 53.9061 $ 56.6014
2 $ 53.9063 $ 56.6016 $ 59.4316
3 $ 56.6017 $ 59.4317 $ 62.4032
Page iv
Job
Code Classification Pay Grade Step Hourly Rate Effective 7/10/23 Hourly Rate
Effective 7/8/24
Hourly Rate
Effective 7/7/25
4 $ 59.4315 $ 62.4030 $ 65.5231
5 $ 62.4032 $ 65.5233 $ 68.7994
6 $ 65.5234 $ 68.7995 $ 72.2394
3707 Network Engineer 012 1 $ 40.3729 $ 42.3915 $ 44.5110 2 $ 42.3915 $ 44.5110 $ 46.7365
3 $ 44.5110 $ 46.7365 $ 49.0733
4 $ 46.7369 $ 49.0737 $ 51.5273
5 $ 49.0736 $ 51.5272 $ 54.1035
6 $ 51.5274 $ 54.1037 $ 56.8088
3140 Plan Check Engineer 014* 1 $ 57.8056 $ 60.6958 $ 63.7305 2 $ 60.6960 $ 63.7308 $ 66.9173
3 $ 63.7306 $ 66.9171 $ 70.2629
4 $ 66.9173 $ 70.2631 $ 73.7762
5 $ 70.2632 $ 73.7763 $ 77.4651
6 $ 73.7763 $ 77.4651 $ 81.3383
3378 Public Works Supervisor 012* 1 $ 47.5285 $ 49.9049 $ 52.4001 2 $ 49.9049 $ 52.4001 $ 55.0201
3 $ 52.4000 $ 55.0200 $ 57.7710
4 $ 55.0202 $ 57.7712 $ 60.6597
5 $ 57.7713 $ 60.6598 $ 63.6927
6 $ 60.6598 $ 63.6927 $ 66.8773
7122 Senior Crimes and
Intelligence Analyst
016 1 $ 52.9564 $ 55.6042 $ 58.3844
2 $ 55.6041 $ 58.3843 $ 61.3035
3 $ 58.3843 $ 61.3035 $ 64.3686
4 $ 61.3036 $ 64.3687 $ 67.5871
5 $ 64.3687 $ 67.5871 $ 70.9664
6 $ 67.5871 $ 70.9664 $ 74.5147
3792 Senior Housing
Rehabilitation Specialist
012 1 $ 40.3729 $ 42.3915 $ 44.5110
2 $ 42.3915 $ 44.5110 $ 46.7365
3 $ 44.5110 $ 46.7365 $ 49.0733
4 $ 46.7369 $ 49.0737 $ 51.5273
5 $ 49.0736 $ 51.5272 $ 54.1035
6 $ 51.5274 $ 54.1037 $ 56.8088
3704 Senior Network Systems
Engineer
013 1 $ 44.8867 $ 47.1310 $ 49.4875
2 $ 47.1312 $ 49.4877 $ 51.9620
3 $ 49.4874 $ 51.9617 $ 54.5597
4 $ 51.9620 $ 54.5601 $ 57.2881
5 $ 54.5603 $ 57.2883 $ 60.1527
6 $ 57.2882 $ 60.1526 $ 63.1602
Page v
Job
Code Classification Pay Grade Step Hourly Rate Effective 7/10/23 Hourly Rate
Effective 7/8/24
Hourly Rate
Effective 7/7/25
3130 Senior Planner 014* 1 $ 49.7430 $ 52.2301 $ 54.8416 2 $ 52.2300 $ 54.8415 $ 57.5835
3 $ 54.8416 $ 57.5836 $ 60.4627
4 $ 57.5838 $ 60.4629 $ 63.4860
5 $ 60.4630 $ 63.4861 $ 66.6604
6 $ 63.4862 $ 66.6605 $ 69.9935
7123 Senior Police Crimes
Analyst
011 1 $ 37.3703 $ 39.2388 $ 41.2007
2 $ 39.2385 $ 41.2004 $ 43.2604
3 $ 41.2007 $ 43.2607 $ 45.4237
4 $ 43.2606 $ 45.4236 $ 47.6947
5 $ 45.4237 $ 47.6948 $ 50.0795
6 $ 47.6951 $ 50.0798 $ 52.5837
3703 Senior Programmer
Analyst
012 1 $ 44.8867 $ 47.1310 $ 49.4875
2 $ 47.1312 $ 49.4877 $ 51.9620
3 $ 49.4874 $ 51.9617 $ 54.5597
4 $ 51.9620 $ 54.5601 $ 57.2881
5 $ 54.5603 $ 57.2883 $ 60.1527
6 $ 57.2882 $ 60.1526 $ 63.1602
3706 Senior Systems Analyst 014 1 $ 47.1297 $ 49.4861 $ 51.9604 2 $ 49.4863 $ 51.9606 $ 54.5586
3 $ 51.9603 $ 54.5583 $ 57.2862
4 $ 54.5585 $ 57.2864 $ 60.1507
5 $ 57.2865 $ 60.1508 $ 63.1583
6 $ 60.1510 $ 63.1585 $ 66.3164
3570 Supervising Accountant 014* 1 $ 54.7916 $ 57.5311 $ 60.4076 2 $ 57.5311 $ 60.4076 $ 63.4279
3 $ 60.4078 $ 63.4281 $ 66.5995
4 $ 63.4281 $ 66.5995 $ 69.9294
5 $ 66.5994 $ 69.9293 $ 73.4257
6 $ 69.9295 $ 73.4259 $ 77.0971
3705 Web Coordinator 010 1 $ 34.5547 $ 36.2824 $ 38.0965 2 $ 36.2824 $ 38.0965 $ 40.0013
3 $ 38.0966 $ 40.0014 $ 42.0014
4 $ 40.0014 $ 42.0014 $ 44.1014
5 $ 42.0015 $ 44.1015 $ 46.3065
6 $ 44.1017 $ 46.3067 $ 48.6220
*Market Rate *Market Rate *Market Rate
Page vi
ATTACHMENT B
Retirement Award Package
A. Full time regular employees who retire from the City will receive the following:
Retirement plaque
$100 contribution by City toward gift being purchased for retiree by co-workers Reimbursement up to $50 for dinner for two
Pair of tickets to performance of choice at Sleep Train Pavilion (this benefit will remain available only so long asthe City has accessto complementary tickets from the Pavilion B. Full time regular employees hired before April 26, 1994, who retire from the City will receive, in addition to the items listed in paragraph A:
A monetary award based on years of service as follows:
10 years of service $200.00
20 years of service: $500.00
25 years of service: $700.00
C. For employees hired on or after April 26, 1994, retirement recognition awards will be governed by City policy, if any, in effect at the time of retirement. Any employee recognition program developed by the City is subject to change or elimination at any time.
D. The foregoing benefits only apply to employees who actually retire upon cessation of their employment from the City. They do not apply to employees who leave the City to work for another employer and retire at a later time.
Page vii
ATTACHMENT C
EFFECTIVE WITH COUNCIL APPROVAL ON NOVEMBER 18, 2003
OPEIU - LOCAL 29
EDUCATIONAL INCENTIVE PROGRAM
1. PURPOSE
To establish a voluntary Educational Incentive Program for Office and Professional Employees International Union (OPEIU) Local 29 members that would enhance the organization’s ability to provide exceptional service delivery and respond effectively to continually changing business needs. The program is self-initiated, with the Local 29 member taking full responsibility to propose, pursue, and complete agreed upon training and educational curriculum. In addition, the program would:
Encourage growth through education.
Be mutually beneficial for both the City of Concord organization and Local 29 members. Provide a monetary incentive for recognizing relevant educational accomplishments and the employee’s efforts to obtain skill sets that are of value to the Organization. Recognize that the Organization and greater Concord Community will have evolving needs, and that changes will occur within the professions represented by Local 29 members, requiring Local 29 members to continually update their skills and education. Fit the parameters of the City’s 10-Year Financial Plan and be simple to administer.
Upon the written request of the union, the City agrees to constitute a joint committee within ninety (90) calendar days of adoption of the successor MOU whose purpose shall be to review the existing Educational Employee Incentive Program. The committee shall consist of two representatives selected by the union and two representatives chosen by the City. The committee will deliberate for no more than ninety (90) days and shall make its written recommendations regarding changes, if any, to the Human Resources Director for consideration.
2. SCOPE
This voluntary program would apply to all members of Local 29, and be administered on an annual (fiscal year) basis by the Human Resources Department.
3. POLICY
The program will provide an incentive for pursuing educational goals that fall within the parameters of the program, defined as follows:
3.1 Employee Participation: To participate in the Local 29 Educational Incentive Program, an employee must meet the following criteria:
3.1.1 The employee must be a member of Local 29.
Page viii
3.1.2 To receive the Incentive Award, the employee must be a current full-time employee of the City of Concord. The Incentive Program will not apply to those who have left employment.
3.1.3 The Local 29 member may participate during their probationary period; however, they are not eligible to receive the corresponding Incentive Award until they have successfully completed their probationary period.
3.2 Coursework Eligibility: To be eligible for program inclusion, a workshop, program or course of study must meet the following criteria:
3.2.1 Support the City of Concord’s Mission, Vision, Values and Corporate Goals.
3.2.2 Link to the division or department’s Strategic Plan.
3.2.3 Be part of a formal educational process (college level, undergraduate or graduate degree) OR is part of an industry-recognized program (licensing, certification, etc.). College coursework should be in a field related to the employee’s work, and specific electives will be reviewed and approved by the Department Head to ensure applicability to the department’s desired outcomes. The Department Head reserves the right to identify specific electives, which would then apply to the Educational Incentive Program.
3.2.4 Provide a skill that is of immediate or strategic value to the department.
3.2.5 Must be completed with a grade of “C” or better, or a “Pass” if course is a Pass/Fail.
3.2.6 Be conducted during off-work hours. If the employee chooses, vacation time may be used for classes only available during normal work hours. Such use remains subject to the normal policies, procedures, and Department needs as any other vacation request.
3.3 Calculating the Incentive Award: Upon successful completion of pre-approved eligible coursework, the Educational Incentive benefit will be applied as follows:
3.3.1 Benefits will be based on earning a specific number of CEUs or their hourly equivalent within one fiscal year (July 1 – June 30):
2-3 CEUs = 1% bonus*
4-6 CEUs = 3% bonus*
7 + CEUs = 5% bonus*
(*) Bonus is calculated based on gross wages earned, using the tax information provided on the employee’s prior year W-2
3.3.2 Recognizing that coursework may reflect Continuing Educational Units, (CEU), quarter units, semester units or hours of instruction, the following nationally recognized conversion formula will apply:
1 CEU = 10 hours of instruction = 1 Quarter Unit = 2/3 Semester Unit
Page ix
3.3.3 The Bonus will be paid out in a lump-sum basis, calculated using gross wages earned as reflected in the employee’s prior year W-2 tax form. The bonus is payable upon the first pay period in September, and considered to be income for calculating retirement benefits under the CalPERS System.
3.3.4 The employee must provide proof of satisfactory completion, as well as the number of CEUs, prior to the end of the fiscal year in order to receive credit.
No credit will be given for partially complete course work. Only completed coursework within the fiscal year will be considered for calculating the Incentive award.
3.3.5 The coursework completion date will identify the fiscal year in which the units are earned and eligible for an incentive award. For example, an approved course of study that begins in April 2003 and ends in July of 2003 would be considered for FY 03-04 and any corresponding incentive award would be payable at the end of FY 03-04.
3.4 Linkage to Evaluation Process: While the employee and manager have the right to initiate this program at any time, the program will also be linked to the evaluation process. The Manager and Employee are required to discuss the employee’s educational and developmental goals and the applicability of the Local 29 Educational Incentive Award Program during the course of the annual review process.
Furthermore, managers of Local 29 employees are required to include specific discussion of this program within their Achievement Plan Part III and report back on the successful implementation of the program in Part III of their Year-end Report.
4. ADMINISTRATION
The Human Resources Department is responsible for overseeing the implementation of this policy as outlined below. The program may be initiated during the course of the Local 29 member’s annual review process, or at any other time of the year as initiated by the employee:
4.1 Employee completes the Local 29 Educational Incentive Program Request Form. This form provides specific required information to enable the manager to make an informed decision.
4.2 Manager reviews the request using established program criteria and guidelines as specified in this policy document, to determine whether the requested course of study fits the parameters of the program.
4.3 If manager does not support the request:
4.3.1 Manager must provide written documentation as to the foundation for their decision, inform the employee, and retain a copy of the employee’s request form along with the documentation outlining the manager’s decision making process and their rejection of the request.
4.3.2 A copy of this paperwork must be forwarded to the Human Resources Department for inclusion in the employee’s personnel file.
Page x
4.4 If a manager supports the request:
4.4.1 Manager completes their portion of the Request Form, which will specify the date the course of study is to commence, the anticipated completion date, and the number of CEUs it is anticipated the employee will complete within the specified fiscal year.
4.4.2 Human Resources reviews the paperwork for consistency of application from an organization-wide perspective, and provides final approval. Any concerns are addressed with the appropriate Department Head. Human Resources will retain a copy of the form for inclusion in the employee’s personnel file, and forward the remaining copies to the manager.
4.4.2 The manager and the employee both retain a copy of the Request form in their working files.
4.4.3 Prior to the end of the fiscal year, the employee must submit proof of completion including number of CEUs or hours of instruction, and a grade of C or better or Pass if coursework is Pass/Fail.
4.4.4 Manager reviews the proof of completion, compares it to the agreement outlined in the Request Form to ensure that the course work has been successfully completed and meets the necessary standards for issuance of an educational incentive award.
4.4.5 Manager then completes a “Local 29 Educational Incentive Program Award Authorization” form, indicating the corresponding number of CEUs completed, and the correlating award percentage as defined in section 3.3.
4.4.6 Manager sends the authorization form, along with a copy of the original request form and proof of completion documentation to Human Resources for final review.
4.4.7 Human Resources retains a copy of the paperwork for the employee’s personnel file, then forwards the original paperwork to the Payroll Division for processing.
4.4.8 The Payroll Division then applies the specified educational incentive award as a lump sum payment in the first full payroll period of the following Fiscal Year provided the employee has successfully completed their probationary employment period.
4.4.9 Employee classification change: If an employee changes classification or department in the midst of a previously approved course of study, any existing Educational Incentive Program requests must be reviewed and confirmed by the new Department Head and supervisor. The supervisor will review the coursework agreement to ensure that the existing program is applicable to the new department’s objectives. Continuation of an existing Educational Incentive Program request is conditional upon the new supervisor’s approval.
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4.4.10 Change in Department Head or Supervisor: In the case of a change in management, any existing Educational Incentive Program requests will remain in force under the conditions previously approved and established.
4.4.10.1 Any new Educational Incentive coursework requests will be reviewed by the new manager under the guidelines
established in this policy document.
5. EXCLUSIONS AND LIMITATIONS
5.1 Employee is responsible for providing sufficient information to the manager to help them make an informed decision as to whether the requested course of study fits the parameters of the Local 29 Educational Incentive Program.
5.2 The Department Head is the ultimate authority. There is no higher appeals process.
5.3 Managers and Department Heads retain the right to deny an eligible course of study if having the employee participate would create an undue operational hardship.
Page xii
CITY OF CONCORD
OPEIU Local 29 Educational Incentive Program Request Form Employee
NAME JOB TITLE
DEPARTMENT/DIVISION HIRE DATE
COURSE NAME OR SEMINAR
CEUs (please do the conversion)
BEGINNING DATE ENDING DATE
PURPOSE AND BENEFIT (please attach course description or flyer) Manager
NAME
APPROVED DENIED
RATIONALE FOR DECISION
APPROVAL IS CONDITIONALBASED ON COMPLETEION OF THE ABOVE COURSEWORK BY(date) By signing this form, both Employee and Manager agree to the information noted above. Employee and Manager must abide by the policies governing this program.
MANAGER SIGNATURE DATE
EMPLOYEE SIGNATURE DATE
APPROVED BY HUMAN RESOURCES DATE
Page xiii
ATTACHMENT D
Page xiv
ATTACHMENT D (continued)
Page xv
ATTACHMENT D (continued)
Page xvi
ATTACHMENT D (continued)
Page xvii
ATTACHMENT D (continued)
Memorandum of Understanding between the
City of Concord and OPEIU Local 29 July 1, 2023- June 30, 2026 Page xviii
SIGNATURES
For the OFFICE AND PROFESSIONAL
EMPLOYEES INTERNATIONAL UNION
LOCAL 29:
Tamara R. Rubyn Date
President/Business Manager
OPEIU Local 29
Kelly Gschwend Date
Secretary Treasurer/Business Representative
OPEIU Local 29
For the CITY OF CONCORD:
Valerie Barone Date
City Manager
Jasmin Loi Date
Director of Human Resources
MEMORANDUM OF UNDERSTANDING
Between
The City of Concord
and
Office and Professional Employees
International Union (OPEIU), Local 29
Local
AFL-CIO & CLC
July 1, 2021 2023 – June 30, 20232026
29 Attachment 2
Table of Contents
i
SUBJECT PAGE
1. RECOGNITION ................................................................................................................ 1
1.1. Representation by Employees ................................................................................. 2
1.2. Establishment of Classification ............................................................................... 2
1.3. Membership ............................................................................................................. 2
1.4. Union Release ......................................................................................................... 3
2. SCOPE OF AGREEMENT .............................................................................................. 3
3. EMPLOYEE RIGHTS ..................................................................................................... 3
4. HOURS OF WORK ........................................................................................................... 3
4.1 Breaks ...................................................................................................................... 3
4.2 Clean-up .................................................................................................................. 3
4.3 Meals ....................................................................................................................... 3
4.4 Alternate Work Schedule ........................................................................................ 4
4.5 Telecommuting Agreement .................................................................................... 4
5. PAY ..................................................................................................................................... 4
5.1 Step Increases .......................................................................................................... 4
5.2 Pay for Higher Class Work ...................................................................................... 4
5.3 Pay Administration Tables ...................................................................................... 5
5.4 Registration Differential .......................................................................................... 5
5.5 Bilingual Pay ........................................................................................................... 5
5.6 Salary Changes ........................................................................................................ 5
5.7. Steps/Merit System .................................................................................................. 5
6. OVERTIME ....................................................................................................................... 6
7. HOLIDAYS ....................................................................................................................... 6
8. VACATIONS ..................................................................................................................... 7
9. REDUCTIONS IN FORCE/LOSS OF EMPLOYMENT STATUS ............................. 8
9.1 Layoff and Reemployment ..................................................................................... 8
9.2 Loss of Employment Status ................................................................................... 8
Table of Contents
ii
10. LEAVES OF ABSENCE .................................................................................................. 9
10.1 Sick Leave ............................................................................................................... 9
10.2 Bereavement Leave ............................................................................................... 10
10.3 Family Care Leave ................................................................................................ 10
10.4 Catastrophic Leave ................................................................................................ 10
11. JURY DUTY .................................................................................................................... 11
12. NON DISCRIMINATION ............................................................................................... 11
13. DISCIPLINE PROCEDURE ......................................................................................... 11
13.1 Cause of Disciplinary Action ................................................................................ 11
13.2 Extent of Disciplinary Actions .............................................................................. 12
13.3 Authority for Disciplinary Actions ........................................................................ 13
13.4 Notice to Employees ............................................................................................. 14
13.5 Employee Response .............................................................................................. 14
13.6 Order of Disciplinary Action ................................................................................. 14
13.7 Effective Date ........................................................................................................ 14
13.8 Right of Appeal ..................................................................................................... 15
13.9 Employee Representative ...................................................................................... 15
13.10 Appeal Procedure ................................................................................................... 15
13.11 Waiver of Steps or Time Limits ............................................................................ 17
13.12 No Interruption of Work ....................................................................................... 17
14. GRIEVANCE PROCEDURE ........................................................................................ 17
14.1 Definition .............................................................................................................. 17
14.2 Employee Representative ...................................................................................... 17
14.3 Class Actions ......................................................................................................... 18
14.4 Parties’ Intent ......................................................................................................... 18
14.5 Procedure ............................................................................................................... 18
15. SAFETY AND HEALTH .............................................................................................. 20
15.1 Safety..................................................................................................................... 20
15.2 Wellness Program ................................................................................................. 20
15.3 Drug and Alcohol Use and Testing ....................................................................... 20
Table of Contents
iii
16. BENEFIT PLANS ........................................................................................................... 21
16.1 Medical .................................................................................................................. 21
16.2 Dental .................................................................................................................... 28
16.3 Long Term Disability ............................................................................................. 28
16.4 Life Insurance ........................................................................................................ 29
16.5 Retirement ............................................................................................................. 29
16.6 Deferred Compensation ......................................................................................... 29
16.7 Employee Assistance ............................................................................................. 29
16.8 Tuition Reimbursement ......................................................................................... 29
16.9 Retirement Award Package ................................................................................... 30
17. ENTIRE AGREEMENT ................................................................................................ 30
17.2 Severability ............................................................................................................ 30
18. REVISIONS, AMENDMENTS, EXTENSIONS .......................................................... 30
19. PAPERLESS PAYROLL ............................................................................................... 30
20. TERM OF AGREEMENT ............................................................................................. 31 Attachment A: Pay Table Professional Unit ................................................................................. i Attachment B: Retirement Award Package .................................................................................. vi Attachment C: Educational Incentive Program ......................................................................... vii Educational Incentive Program Request Form ........................................................................... xii Attachment D: Side Letters ........................................................................................................ xiii Signatures ................................................................................................................................... xix
This Memorandum of Understanding (MOU) made and entered into effective the first day of July 20212023, by and between the City of Concord (hereafter referred to as “City” or “Employer”) and the Office and Professional Employees International Union (OPEIU) Local 29 (hereafter referred to as “Local 29,”, or “Unit” as appropriate).
1. RECOGNITION
The City recognizes the OPEIU Local 29 (“Local 29” or “Union”) formerly known as the Concord Associated Professional Employees or “CAPE” as the Certified Employee Organization for the Professional Representation Unit.
This MOU entered into between the Union and the City represents the result of meeting and conferring in good faith in accordance with Section 3505 of the California Government Code.
The adjustments to wages, hours and conditions of employment that are set forth in this MOU have been discussed in good faith between the parties hereto. The members of the Professional Employees, have ratified the terms and conditions in the MOU, 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. Unless otherwise noted herein, changes to wages, hours, and conditions of employment are prospective following City Council approval of the MOU.
The section headings in this MOU are for convenience only and are not to be construed as modifying or governing the language in the section referred to.
As used in this MOU, the term “Employee(s)” refers to full time competitive service members of the Unit. The Professional Representation Unit is comprised of employees in the classifications set forth in Exhibit A hereto.
MEMORANDUM OF UNDERSTANDING
Between
The City of Concord
and
Office and Professional Employees
International Union
(OPEIU) Local 29
Memorandum of Understanding between the
City of Concord and OPEIU Local 29 July 1, 2021 2023 - June 30, 20232026
1.1 Representation by Employees
For purposes of meeting and conferring in good faith regarding wages, hours, and working conditions with the Professional Employees, the City, upon 24-hour notice, will provide time off with pay to no more than three 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.
1.2 Establishment of Classification
When the City establishes a new classification, the City shall notify Local 29 of its intention to establish the new classification and the unit placement of the classification. Notice under this provision will be accomplished by e-mailing Local 29 a copy of or link to the agenda packet for the meeting at which the City Council is scheduled to establish of the new classification.
OPEIU may request that the Human Resources Director meet to discuss the unit placement of the new classification. Such request shall be in writing and must be made prior to the Council meeting at which the unit placement is to be determined.
Except as provided in the City’s Classification Plan, the decision of the Human Resources Director shall be final.
1.3 Membership
1.3.1 Purpose
The parties mutually understand and agree that under the Meyers-MiliasBrown Act (Government Code section 3500 et seq.), all employees represented by Local 29, have the right to join or not join the Union.
1.3.2 Union Dues
(a) Upon written notice from the Union 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 Union. Dues deductions begin the beginning of the pay period following the City’s receipt of notice from the Union.
(b) The employee’s earnings must be sufficient after the other legal and required deductions are made to cover the amount of the dues authorized. When an employee is in a non-pay status for an entire pay period, no withholding will be made to cover the pay period from future earnings. In the case of an employee in a non-pay status only during part of the pay period, whose salary is not sufficient to cover the full withholding, no deduction shall be made. In the case of an employee who is receiving catastrophic leave benefits during a pay period, no deduction shall be made. In this connection, all other legal and required deductions (including health care and insurance deductions) have priority over Union dues.
Memorandum of Understanding between the
City of Concord and OPEIU Local 29 July 1, 2021 2023 - June 30, 20232026
(c) The provisions of the above shall not apply during periods that an employee is separated from the representation unit, but shall be reinstated upon the return of the employee to the representation unit. For the purpose of this section, the term separation includes transfer out of the representation unit, layoff, and leave of absence without pay.
1.3.3 New employee orientation and membership information is attached as Attachment D
1.3.4 Indemnification
The Union agrees to hold harmless, indemnify and defend the City and its officers, employees and agents against any and all claims, proceedings and liability arising, directly or indirectly, out of any actions taken or not taken by or on behalf of the City under this Section.
1.4 Union Release
The City agrees to pay up to eight (8) hours biannually for a maximum of two (2) stewards to attend stewards’ council meetings, training, and other union-sponsored meetings. Requests for time off pursuant to this article shall be made at least two (2) weeks in advance, except by mutual agreement.
2. SCOPE OF AGREEMENT
This MOU applies to all classifications assigned to Local 29 by the Personnel Board pursuant to Policy and Procedure No. 37.34, Section 4.
3. EMPLOYEE RIGHTS
3.1 The Parties hereby incorporate by reference Policy and Procedure No. 37.34, Section 3, in effect on the date of this MOU. Changes to any Policy and Procedure referenced in this MOU will become effective only after satisfying the City’s meet and confer obligations.
4. HOURS OF WORK
4.1 Breaks
There shall be provided one 15-minute relief break within each 4-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.
4.2 Clean-up
There shall be provided, if necessary, five minutes cleanup time prior to the meal period and also at the end of the employee's workday.
4.3 Meals
All City vehicles involved in field crew operations will not leave the field job site during the meal period and employees are not to be provided travel time to return to yard or other locations for meals. The City will provide waterless soap and towels
Memorandum of Understanding between the
City of Concord and OPEIU Local 29 July 1, 2021 2023 - June 30, 20232026
for those at work in the field.
4.4 Alternate Work Schedule
By mutual agreement between the Department Head and employee, subject to approval of the City Manager and side letter signed by the Union, the parties may agree to an alternate work schedule. Any agreement will be subject to a thirty (30) day termination notice by either party. The City will provide at least two weeks’ notice to return from regularly scheduled telecommuting, whenever possible. The City reserves the right to require an employee to return with less than 2-weeks’ notice in cases such as emergencies or a significant unexpected operational need as determined by the City.
4.5 Telecommuting Agreement
By mutual agreement between the Department Head and the employee, subject to approval of the City Manager and side letter signed by the Union, the parties may agree to a Telecommuting Agreement. Any agreement will be subject to a thirty (30) day termination notice by either party. (See Administrative Directive No. 162, section K, and Administrative Directive No. 118.)
5. PAY
5.1 Step Increases
The Parties hereby incorporate by reference Policy and Procedure No. 37.7 Employment Status – Pay Plan, Section 3.4, in effect on the date of this MOU.
Changes to Policy and Procedure No. 37.7, Section 3.4 will become effective only after satisfying the City’s meet and confer obligations.
5.2 Pay for Higher Class Work
The Parties hereby incorporate by reference Policy and Procedure No. 37.6 Classification Plan, in effect on the date of this MOU. Changes to Policy and Procedure No. 37.6 will become effective only after satisfying the City’s meet and confer obligations.
The City will continue its practice of budgeting and paying all employee costs related to training and fees associated with required professional certification as specified in the respective job classifications.
5.2.1 Working Out of Class
5.2.1.1 Definition. Employees who are temporarily assigned by the City Manager, or designee, to perform a substantial amount of additional work customarily assigned to a higher classification.
5.2.1.2 Pay Differential. The salary increase received by an employee when working out-of-class will be determined by the City Manager based on the range of duties assigned. However, the standard increase will be five percent (5%). Once the Out-ofClass assignment ends, the pay differential shall be terminated.
Memorandum of Understanding between the
City of Concord and OPEIU Local 29 July 1, 2021 2023 - June 30, 20232026
Termination of the pay differential is not discipline and the disciplinary appeal process does not apply under these
circumstances.
5.2.1.3 Duration. Out-of-Class assignments must not extend past six (6) months except through written authorization of the City Manager, or designee.
5.2.1.4 The parties agree that to the extent permitted by law, the City shall report this pay to CalPERS as special compensation for Classic members only (as that term is defined by CalPERS) under 2 CCR 571(a)(3) – Temporary Upgrade Pay.
5.3 Pay Administration Tables
5.3.1 Pay Table Professional Unit - Table of Pay Grades and Hourly Rate Ranges as of the first full pay period following ratification and approval of the MOU is found at and July 1, 2022 pay assignment of the Professional Unit classes (pay table attached as Attachment A). Effective in the first full pay period following ratification and approval, bargaining unit employees shall receive a $2,000 one-time payment for essential worker recognition.
Employees must be employed on the date that the payment is made in order to be eligible for the one-time payment.
5.3.2 Any class that is placed in a salary rate higher than its assigned pay grade shall carry the class's assigned pay grade designation as recommended by that study, coded by the letter "M" indicating a special rate authorized due to competitive rates found in the market place, or for whatever reason agreed upon as a result of the meet and confer process.
5.4 Registration Differential
The registration differential for Junior Civil Engineers and for Assistant Civil Engineers who have received registration from the Board of Registration for Professional Engineers of the California Department of Consumer Affairs shall be non-cumulative 5% of each step within the pay range. The amount of this registration differential shall be included in base pay and subject to related fringe benefits.
5.5 Bilingual Pay
The City will pay a $120 150 per month bilingual premium to City-designated employees who have been certified as fluent in a language that meets the City’s operational needs
The parties agree that to the extent permitted by law, the City shall report this pay to CalPERS as special compensation under Title 2 CCR, Sections 571(a)(4) and 571.1(b)(3) as Bilingual Premium.
This compensation shall be pensionable consistent with PERS rules which currently provide that bilingual pay is PERSable for employees who are routinely and
Memorandum of Understanding between the
City of Concord and OPEIU Local 29 July 1, 2021 2023 - June 30, 20232026
consistently assigned to positions requiring communications skills in languages other than English.
5.6 Salary Changes
Effective the first full pay period after Council approval of this MOU or the first full pay period of July 2023, whichever is later, bargaining unit members shall receive a five percent (5%) wage increase; and a one percent (1%) market adjustment.
Effective the first full pay period after July 1, 2024, bargaining unit members shall receive a five percent (5%) wage increase.
Effective the first full pay period after July 1, 2025, all bargaining unit members shall receive a four percent (4%) wage increase; and a one percent (1%) market adjustment.
Effective in the pay period beginning November 15, 2021 of this Agreement base wages for all bargaining unit classifications will be increased by 3%.
Effective in the first full pay period of July 2022, base wages for all bargaining unit classifications will be increased by 3%.
5.7. Steps/Merit System
Effective October 1, 2013, Local 29 members began participation in the Results Based Performance Management System for salary step increase eligibility.
Normally, and as a general rule, upon employment, reemployment, rehire, and upon progress and productivity, employees shall be considered for initial placements and subsequent step advancement according to Policy & Procedure 37.7 Employment Status – Pay Plan.
An employee who receives an overall “Not Fully Achieves Expectations” will not be considered for any merit or length of service step advancement until an overall “Achieves Expectations” rating is established. Where an employee receives an overall rating of “Not Fully Achieves Expectations” on two consecutive occasions, disciplinary action may be taken by the appointing authority as provided in Section
13. An employee who receives an overall “Not Fully Achieves Expectations” and does not receive a step increase may appeal this decision to his or her Department Head.
If the employee is not satisfied with the outcome of the decision he/she may request a meeting with the City Manager. The City Manager will meet with the employee to discuss the evaluation. The employee may be accompanied by their union representative. The decision of the City Manager will be final.
6. OVERTIME
6.1 The Parties hereby incorporate by reference Policy and Procedure No. 37.14, Overtime, in effect on the date of this MOU. All classifications covered by this
Memorandum of Understanding between the
City of Concord and OPEIU Local 29 July 1, 2021 2023 - June 30, 20232026
MOU shall be assigned to Overtime Group A. Employees shall be granted either time off equivalent to one and one-half times the overtime hours worked, or cash compensation equivalent to one and one-half times their straight time rate of pay for the overtime hours worked. Employees entitled to overtime may accumulate up to a maximum of 160 hours compensatory time off with pay. The City shall balance accounts twice annually in April and October.
6.2 An employee may request up to forty (40) hours of Compensatory Time earned (Comp Time) to be paid in cash in accordance with the following provisions:
6.2.1 During the periods April 15 through April 30 and October 15 through October 30, the employee may elect to receive cash for up to forty (40) hours’ worth of Comp Time earned.
6.2.2 Payment of the cash in lieu of Comp Time off shall be made no later than the last payday occurring in the following month.
6.2.3 Payment of cash in lieu of time off shall not exceed the employee’s Comp Time balance on hand at the time of the payment.
7. HOLIDAYS
The following shall be provided as holidays for purposes of wages and hours of work for eligible full time employees:
Observed
New Year’s Day ............................................................. January 1st Martin Luther King Jr. Day .......................................... Third Monday in January Washington's Birthday ................................................ Third Monday in February Memorial Day ................................................................. Last Monday in May Independence Day .......................................................... July 4th Labor Day ....................................................................... First Monday in September Veteran's Day .................................................................. November 11th Thanksgiving Day .......................................................... As Proclaimed by the President Day Following Thanksgiving ................................... As Proclaimed by the President Christmas Eve .......................................................... December 24th Christmas Day ................................................................ December 25th
7.1 In addition, the City will credit each full-time employee’s compensatory time bank with an additional three (3) hours of straight time leave in the first pay period in March.
8. VACATIONS
8.1 Except as provided immediately below, the Parties hereby incorporate by reference
Memorandum of Understanding between the
City of Concord and OPEIU Local 29 July 1, 2021 2023 - June 30, 20232026
Policy and Procedure No. 37.17 in effect on the date of this MOU. Provided, however, that the maximum vacation balance available for an employee at any one time shall be the amount of the employee's vacation accrual for the previous anniversary year plus the amount of the vacation accrual for the current anniversary year. However, upon approval of the Department Head, up to 40 additional days of vacation may be accumulated for a period not to exceed one anniversary year.
Changes to Policy and Procedure No. 37.17 will become effective only after satisfying the City’s meet and confer obligations.
8.1.1 Annual Vacation Cash-Out. For the purposes of reducing excess vacation accrual, employees may elect to receive compensation (“cash-out”), annually, for a maximum of 40 hours of accrued vacation each year, so long as two workweeks of accrued vacation remain for the benefit of the employee after the cash-out is taken. This election must be made in writing no later than December 31 of the calendar year prior to when the cash-out is scheduled to occur. By way of illustration, employees seeking a cash-out in calendar year 2016 must submit their cash-out election by December 31, 2015. This compensation shall occur on the first full pay period in August following submission of the irrevocable election form (which will be made available in the Human Resources Department). 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.
8.1.2 On September 9 of each calendar year, employees in pay status shall accrue an additional eight (8) hours of vacation in lieu of an Admissions Day holiday. Such vacation accrual shall occur at the end of the pay period which includes September 9 and shall be credited to the employee's vacation balance regardless of the number of hours paid during the pay period.
However, such vacation accrual shall not be credited in any amount that exceeds the employee's vacation accrual maximum unless specifically authorized by, and at the sole discretion of, the City Manager after considering alternatives that may be available. The City agrees to provide advance notification to those employees who may, as a result of such crediting, exceed their vacation maximum so that they may schedule vacation time or initiate other appropriate action in order to avoid a loss.
Such notification shall be with the understanding that it is the employee's responsibility to initiate the appropriate request. For purposes of this section, pay status means the employee has worked or is on authorized paid leave of absence for at least four hours on the workday prior to and following the holiday. Employees on authorized or unauthorized leaves of absence without pay are not considered to be in pay status during the leave of absence.
9. REDUCTIONS IN FORCE/LOSS OF EMPLOYMENT STATUS
Memorandum of Understanding between the
City of Concord and OPEIU Local 29 July 1, 2021 2023 - June 30, 20232026
9.1 Layoff and Reemployment
The Parties hereby incorporate by reference Policy & Procedure No. 37.33 Layoff, Displacement, Re-employment in effect on the date of this MOU. Changes to Policy & Procedure No. 37.33 will become effective only after satisfying the City’s meet and confer obligations.
Layoffs shall proceed consistent with the terms of existing City policy. However, in the event layoffs are required, the City will provide up to thirty (30) calendar days’ notice to affected bargaining unit employees. If the City determines it is appropriate to give less than thirty (30) calendar days’ notice, it will pay the employee the difference between the notice period and the thirty calendar days. For example, if the City gives an employee ten (10) days’ notice of layoff, the City will pay the employee his or her normal pay for the period between the tenth and thirtieth day.
9.2 Loss of Employment Status
The Parties hereby incorporate by reference Policy & Procedure No. 37.7 Employment Status – Pay Plan, Section 2.3.6, and Policy & Procedure No. 37.20 Personal Leave, Section 3.8 in effect on the date of this MOU. Changes to Policy & Procedure No. 37.7, Section 2.3.6, and Policy & Procedure No. 37.20, Section
3.8 will become effective only after satisfying the City’s meet and confer obligations.
10. LEAVES OF ABSENCE
10.1 Sick Leave
The Parties hereby incorporate by reference Policy and Procedure No. 41, in effect on the date of this MOU, subject to the changes described below. Changes to Policy and Procedure No. 41, other than those to incorporate the exceptions below, will become effective only after satisfying the City’s meet and confer obligations.
10.1.1 The accrual of sick leave for an eligible employee (an employee in the Competitive Service or those in Appointive Positions) shall be at the rate of 3.692 hours credited at the end of each full bi-weekly pay period during which such an employee receives 56 hours straight time pay. No sick leave 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.
10.1.2 Upon retirement, or termination when eligible for retirement, unused accrued sick leave can be used to extend service credit and an employee will receive 0.004 years of service credit for each 8 hours of unused accrued sick leave. Alternatively, an employee can elect to cash out up to 800 hours of unused accrued sick leave at the rate of two hours of pay for each 8 hours of unused accrued sick leave. An employee can also elect a combination of cash out up to the maximum 800 hours (200 hours
Memorandum of Understanding between the
City of Concord and OPEIU Local 29 July 1, 2021 2023 - June 30, 20232026
pay) and extended service for the balance.
10.1.3 For an eligible full-time employee, sick leave shall be available as it accrues at the end of each pay period following date of eligible employment.
10.1.4 In the event of the death of a parent-in-law, grandparents of employee or spouse, the employee's sick leave benefit may be used in the same manner as applies to the employee's "immediate family" under provisions of Policy & Procedure No. 41, titled "SICK LEAVE".
10.1.5 In the case of the employee's illness due to pregnancy, sick leave shall apply to those periods when the employee is expected to return to work during the term of the pregnancy. If the employee is ordered to cease work by her physician due to pregnancy, the employee should be allowed to use any available sick leave, vacation, or compensatory time, and authorized leave of absence without pay during the period commencing with the cessation of work to the date released to return to work by the attending physician. An extension of paid absence beyond this period through the use of available vacation and comp time is at the discretion of the appointing authority. An extension of authorized leave of absence without pay shall be in accordance with Policy & Procedure No. 77 Family and Medical Leave.
10.1.6 Not more than one hundred and twenty (120) hours of sick leave within any calendar year may be granted to an employee for the care or attendance upon the members of the employee's immediate family.
Eighty (80) hours of sick leave per any calendar year may be used for bereavement leave.
10.1.7 Use of Sick Leave. An eligible employee can only be granted sick leave with pay upon recommendation of the appointing authority for the following:
10.1.7.1 In the case of a bona fide illness of the employee.
10.1.7.2 In the event of the serious illness or death of a member of the employee’s immediate family.
Immediate Family means an employee's: spouse;, a
biological, adoptive or foster parent (including a step-parent, or legal guardian of an employee or the employee’s spouse or registered domestic partner, or a person who stood in loco parentis when the employee was a minor child) parent;,
brother, sister, child (defined to include a biological or legally adopted child, a foster child, a step-child, legal ward, or a child to whom the employee stands in loco parentis. This definition of child is applicable regardless of age or
dependency status.),; registered domestic partner,; parentPage 76 of 123 Memorandum of Understanding between the
City of Concord and OPEIU Local 29 July 1, 2021 2023 - June 30, 20232026
in- law,; sibling,; grandchild,; grandparent,; designated person, which is defined as any individual related by blood or whose association with the employee is the equivalent of a family relationship (the employee may identify one
designated person per 12-month period at the time they
request the leave); or any or either of them.
10.1.703 In the event of a scheduled medical or dental appointment for the eligible employee, the employee’s spouse, the
employee’s registered domestic partner, or the employee’s dependent children that requires the employee’s absence from work.
10.2 Bereavement Leave
10.2.110.2.1 Paid Bereavement Leave
An employee will be entitled to a maximum of four (4) days of bereavement leave to attend a funeral in the State of California or a maximum of five (5) paid days of bereavement leave to attend a funeral outside the State of California per calendar year due to the death of an in the employee’s immediate family member. For purposes of this section, the term “family member” means spouse or a child, child-in-law, parent, parent-in-law, sibling, grandparent, grandchild, grandchild-inlaw, or domestic partner as defined by California Government Code 12945.2., or the death of a parent- in-law, son-in-law, daughter-in-law, grandparents, or grandchildren of the employee or the employees’ spouse.
10.2.2 Other Conditions
Days of bereavement leave need not be consecutive but shall be completed within three months of the date of death of the family member.
If requested by the City, the employee, within thirty (30) days of the first day of leave, shall provide documentation of the death of the family member. As used in this section, “documentation” includes, but is not limited to, a death certificate, a published obituary, or written verification of death, burial, or memorial services from a mortuary, funeral home, burial society, crematorium, religious institution, or governmental agency.
10.3 Family Care Leave
The parties hereby incorporate by reference Policy and Procedure No. 77, in effect on the date of this MOU. Changes to Policy and Procedure No. 77 will become effective only after satisfying the City’s meet and confer obligations.
10.4 Catastrophic Leave
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City of Concord and OPEIU Local 29 July 1, 2021 2023 - June 30, 20232026
The parties hereby incorporate by reference Administrative Directive No. 157, in effect on the date of this MOU. Changes to Administrative Directive No. 157 will become effective only after satisfying the City’s meet and confer obligations.
11. JURY DUTY
The parties hereby incorporate by reference Policy and Procedure No. 47, in effect on the date of this MOU. Changes to Policy and Procedure No. 47 will become effective only after satisfying the City’s meet and confer obligations.
12. NON DISCRIMINATION
The parties fully subscribe to the City’s policy providing an environment free of unlawful discrimination in its work place, programs, and activities. An employee who engages in impermissible discrimination will be subject to appropriate remedial action, which may include discipline, up to and including termination, depending upon the nature and severity of the discriminatory act.
13. DISCIPLINE PROCEDURE
13.1 Cause of Disciplinary Action
Disciplinary measures may be taken for any good and sufficient cause. Cause for disciplinary action shall include:
13.1.1 Fraud in securing appointment or falsification concerning records, fellow employees, or work performed.
13.1.2 Incompetency or inefficiency.
13.1.3 Inexcusable neglect of duty.
13.1.4 Insubordination.
13.1.5 Willful disobedience.
13.1.6 Endangering self or others, or failure to follow adopted safety practices, or failure to properly use required personal protective gear or equipment.
13.1.7 Being under the influence of alcohol or any controlled substances while on duty; including but not limited to drunkenness on duty or intoxication on duty.
13.1.8 Illegal use of narcotics or drugs or use to the detriment of work performance.
13.1.9 Dishonesty or immorality.
13.1.10 Conviction by any state or by the Federal Government for a crime, the punishment for which could have been imprisonment in a federal penitentiary or a state prison; or conviction of any crime involving moral turpitude.
13.1.1 Unauthorized absence without leave.
13.1.12 Discourteous or non-cooperative treatment of the public or other employees.
13.1.13 Misuse of or misappropriation of City property or funds.
Memorandum of Understanding between the
City of Concord and OPEIU Local 29 July 1, 2021 2023 - June 30, 20232026
13.1.14 Improper political activity as defined in Section 2.40.180 of the Municipal Code.
13.1.15 Failure to abide by any condition of employment stipulated in the Personnel Ordinance; Personnel Rules, any personnel Policy & Procedure, Administrative Directive or Memorandum of Understanding used in the establishment and maintenance of the City's personnel program; or by formal action of the Council or Board.
13.1.16 Failure to meet financial obligations to the extent that this leads to repeated attachment or garnishment of wages.
13.1.17 Acceptance of gifts or gratuities for favors or services performed during the course of City employment or due to City employment.
13.1.18 No City-owned, leased, or rented equipment, autos, trucks, instruments, tools, supplies, machines, or any other item which is the property of the City shall be used by any City employee while said employee is engaged in any outside employment or activity for compensation or otherwise for personal use, except upon prior authorization of the City Manager. Further, no City employee shall allow any person to rent, borrow, or use any of the items mentioned, except upon prior authorization of the City Manager.
Violations and Penalties. Any violation of these provisions respecting use of City property shall constitute sufficient grounds for disciplinary action, including immediate dismissal of the employee from the City service.
13.1.19 Any other acts or omissions which are incompatible with or unfavorable to the public service.
13.1.20 Consuming, purchasing, or transporting any alcoholic beverages or illegal substances, or abusing the use of controlled substances during any portion of the paid duty time. This includes all coffee breaks, unpaid lunch breaks and during any overtime hours worked. The consumption of alcoholic beverages or illegal substances during unpaid lunch breaks is likewise prohibited.
Note: The Union’s agreement to prohibit consuming alcoholic beverages or illegal substances during unpaid lunch breaks was conditioned upon implementation of the same policy for managers and professional as well as the ATC/F&O units. That condition has been fulfilled.
13.2 Extent of Disciplinary Actions
The extent of the disciplinary action taken shall be commensurate with the offense, provided that the prior employment history of the employee may also be considered pertinent. The disciplinary actions that may be taken are written reprimand, suspension without pay, reduction in step within range, demotion without consent, dismissal, or any appropriate combination of these.
13.2.1 Warning Notice is an informal procedure used by a supervisor to caution an employee and is not an official disciplinary action. The warning
Memorandum of Understanding between the
City of Concord and OPEIU Local 29 July 1, 2021 2023 - June 30, 20232026
notice may be issued verbally or in writing. If the notice is presented in writing, the form titled “Employee Discussion Record” (Form PER 30) shall be used, and it shall be retained within the employee's department and purged after one (1) year if the situation corrects itself. In using this procedure, a written warning is not to be forwarded to the Human Resources Director 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.
13.2.2 Written Reprimand as a disciplinary action means 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 said cause is not corrected. Written reprimands shall be given in the manner and on forms prescribed or accepted by the Human Resources Director. 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. Written reprimands are not subject to the discipline appeal procedure, but may be subject to the grievance procedure.
13.2.3 Suspension without pay shall be a temporary separation from City service not to exceed thirty (30) consecutive days.
13.2.4 Reduction in Step within range as a disciplinary measure is the withdrawal of step advancements granted for merit, efficiency, and length of service. Reduction in pay shall become effective on the effective date of the disciplinary action. Reduction may be made on permanent or temporary basis.
13.2.5 Demotion without consent as a disciplinary action shall be a reduction in classification to a classification having a lower maximum salary with reduction in salary in accordance with Policy & Procedure 37.7 Employment Status – Pay Plan, section 3.4.7. Demotion without consent may be made to the classification having the lowest maximum salary in the classification series or a classification series comparable to that within which the employee's position is located. Demotion may be made on a permanent or temporary basis.
13.2.6 Dismissal means the termination of an employee from the City service.
13.3 Authority for Disciplinary Actions
The appointing authority shall have authority to take disciplinary action, provided also that the appointing authority 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 appointing authority. The Human Resources Director shall be notified of any
Memorandum of Understanding between the
City of Concord and OPEIU Local 29 July 1, 2021 2023 - June 30, 20232026
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 Director may be notified as soon as possible subsequent to the time the action is taken.
13.4 Notice to Employees
Before taking any of the disciplinary actions specified in Section 13.2 of the MOU against any employee who has passed a probationary period for a position in the City's Competitive Service, 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:
13.4.1 A statement describing the proposed disciplinary action.
13.4.2 A reference to the rule or standard violated.
13.4.3 A summary of the facts, including acts or omissions, which substantiate that the rule or standard was violated.
13.4.4 A statement that the employee may review and request copies of materials upon which the proposed disciplinary action is based.
13.4.5 A statement that 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.
13.4.6 A statement that failure to respond to the notice will be regarded as a waiver of the employee's subsequent right to respond to the notice.
13.5 Employee Response
Upon the employee’s request, and for cause acceptable to the appointing authority, the City may extend the period for submitting a response. 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.
13.6 Order of Disciplinary Action
At the expiration of the response period, and after consideration of the employee’s response, if any, the appointing authority shall determine if disciplinary action is warranted. If so, a written notice, including specific charges as to offense and the time, place, and circumstances of such offense shall be made to the employee at the time when any disciplinary action is made effective, provided that in emergency situations or other instances when simultaneous notification is not practicable, written notification may be given the following normal City working day. Said notice shall, whenever possible, be made in the form prescribed by the Human Resources Director and copies shall be submitted to the Human Resources Director for the employee's official personnel record.
Memorandum of Understanding between the
City of Concord and OPEIU Local 29 July 1, 2021 2023 - June 30, 20232026
13.7 Effective Date
A disciplinary action shall be effective as of the time designated by the person or persons authorizing the action, provided that no disciplinary action shall be recorded with an effective date which is prior to the date such action is taken. In addition, except for suspensions under emergency situations, the effective date shall not be earlier than the date of the notice of Order of Disciplinary Action.
13.8 Right of Appeal
An employee 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.
Written reprimands shall not be subject to the discipline appeal process, but may be subject to the grievance procedure as provided in Section 14 (Grievance Procedure).
13.9 Employee Representative
At any step in the discipline appeal procedure, the employee concerned will be represented by the Union or, alternatively, may elect self-representation. In either case, the employee concerned shall be personally present at all stages unless that employee specifically waives the right in writing.
13.10 Appeal Procedure
The following procedure shall be used in the appeal process:
13.10.1 Protest. Within seven (7) working days of the receipt of written notice of Order of Disciplinary Action, the disciplined employee may protest the disciplinary action. Such protest shall be in writing and given to the Human Resources Director.
13.10.2 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 City Manager or designee and the employee.
13.10.3 Specification of Intent. The City Manager or designee 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 City Manager or designee 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.
13.10.4 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 City Manager’s or designee’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
Memorandum of Understanding between the
City of Concord and OPEIU Local 29 July 1, 2021 2023 - June 30, 20232026
Board or an arbitrator, subject, in cases submitted to arbitration, to the execution in writing of “An Agreement for Arbitration” signed by the employee, the employee's representative (if any), and the City Manager.
13.10.5 Personnel Board. In considering an employee appeal, the Personnel Board shall investigate and hear the appeal and shall make findings and a decision. The decision of the Personnel Board will have the effect of a judgment.
13.10.6 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 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 arbitration, including the incidental expenses of the hearing shall be borne equally by the parties.
13.10.7 Decision - Final and Binding. The decision of the Personnel Board or the arbitrator, whichever is selected, shall be made in writing within ten (10) working days of the close of the investigation and/or hearing; direct the appropriate appointing authority in the disposition of the case; and shall be final and binding upon both parties. The Personnel Board or the arbitrator, whichever is selected, shall be restricted to the interpretation and application of existing policies, rules, directives, or procedures and shall not change existing wage rate schedules or employee benefits.
13.10.7.1 Modification or Revocation. The Personnel Board or the arbitrator, whichever selected, may modify or revoke a
disciplinary action based on any of the following guidelines:
13.10.7.1.1 There is no evidence to justify the
disciplinary action taken.
13.10.7.1.2 A violation or omission of procedure for
disciplinary action was made, which violation
or omission resulted in prejudice to the
employee.
Memorandum of Understanding between the
City of Concord and OPEIU Local 29 July 1, 2021 2023 - June 30, 20232026
13.10.7.1.3 The action taken resulted from political,
religious, or racial bias or prejudice.
13.10.7.1.4 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.
13.10.7.2 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 13.7 and ending with the date of final decision.
Limitation: No reimbursement shall be made for any portion of the said period during which the employee was not ready, willing, and able to perform the duties of the position (excluding bona fide sick leave).
13.11 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.
13.12 No Interruption of Work
During the determination of a discipline appeal herein, there shall be no interruption of scheduled work relating to the discipline appeal, except as provided by Section
13.9. For purposes of grievances or appeal meetings, the City will provide time off with pay for no more than the aggrieved employee, plus one other employee during the employee's normal work hours. Meetings held outside the employee's normal work hours shall be on the employee's own time.
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 above for the limited time required to cover the subject. Meetings held outside of that employee's normal work hours shall be on the employee's own time.
14. GRIEVANCE PROCEDURE
14.1 Definition
A grievance is any dispute which involves the interpretation or application of any provision of this MOU excluding, however, those provisions of this MOU which specifically provide that the decision of any City official shall be final; the interpretation or application of those provisions not being subject to the grievance procedure.
Memorandum of Understanding between the
City of Concord and OPEIU Local 29 July 1, 2021 2023 - June 30, 20232026
14.2 Employee Representative
At any step in the grievance procedure, the employee concerned will be represented by the Union or, alternatively, may elect self-representation. In either case, the employee concerned shall be personally present at all stages unless that employee specifically waives the right in writing.
14.3 Class Actions
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 Union. In a class action grievance, the named employee directly concerned shall be personally present at all stages.
14.4 Parties’ Intent
It is the intent to deal with and settle grievances informally, and at the earliest 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.
14.5 Procedure
14.5.1 First Step. The employee or employees concerned shall first make efforts to resolve such grievance with their immediate supervisor concerned. The grievance shall be submitted to the supervisor within thirty (30) calendar days following the occurrence of the events on which the grievance is based.
14.5.2 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 submit the grievance in 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 employee's Department Head. A copy of the written grievance shall be sent to the Director of Human Resources. The Department Head or the person appointed by the Department Head to hear and determine the grievance at this step shall make such investigation of the facts and issues as is required and reach a conclusion at the earliest date consistent with the nature of the investigation and with normal conduct of the department's business. Upon reaching such conclusion, but in any event within seven (7) working days of the receipt of the grievance statement, the Department Head or the person appointed by the Department Head shall reply in writing stating the department's view of the issue involved.
14.5.3 Third Step. If the grievance has not been disposed of in the second step, the employee, within seven (7) working days after receiving the department's written reply, shall forward the written grievance to the
Memorandum of Understanding between the
City of Concord and OPEIU Local 29 July 1, 2021 2023 - June 30, 20232026
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.
14.5.4 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.
14.5.5 Personnel Board. In considering an employee grievance, the Personnel Board shall hear and investigate the grievance and shall make findings and a decision. The decision of the Personnel Board will have the effect of a judgment.
14.5.6 Arbitrator. The agreement for arbitration will provide that the arbitration decision will have the effect of a judgment. Except as may be otherwise provided herein, provisions of Title 9, commencing with Section 1280 of the Code of Civil Procedure dealing with arbitration, will apply.
The arbitrator shall be selected from among a list of no more than ten (10) names provided by the California State Conciliation Service, the American Arbitration Association, or a similar body mutually agreed to between the parties. After a toss of a coin to decide which party shall move first, the representative of the City and the employee (or the employee's representative) shall alternately strike one name from the list until one name remains and such person shall act as the arbitrator. The next to the last name stricken shall be the alternate arbitrator to serve in the event the first arbitrator is not available.
This procedure shall be followed until there is an available arbitrator.
The cost of arbitration, including the incidental expenses of the hearing shall be borne equally by the parties.
14.5.7 Decision - Final and Binding. The decision of the Personnel Board or the arbitrator, whichever is selected, shall be made in writing within ten (10) working days of the close of the investigation and/or hearing, shall direct the appropriate appointing authority in the disposition of the case, and shall be final and binding upon both parties. In each grievance matter, the Personnel Board and the arbitrator shall be restricted to the interpretation and application of existing policies, rules, directives, or procedures and shall not change existing wage rate schedules or employee benefits.
Memorandum of Understanding between the
City of Concord and OPEIU Local 29 July 1, 2021 2023 - June 30, 20232026
14.6 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.
14.7 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 14.2.
15. SAFETY AND HEALTH
15.1 Safety
15.1.1 Safety Committee. There shall be a City Employee Safety Committee.
Committee members shall designate a chairperson and vice chairperson, one of whom will regularly attend the meetings of the Executive Safety Committee. In order to facilitate the committee's work, its members or alternates will be provided reasonable time to meet without causing overtime compensation or interfering with the needs of the City. The City will notify the Union of Safety Committee vacancies and the Union may make committee appointments after consulting with, and considering the concerns of, the employees' Department Head. The Union shall be entitled to appoint up to two committee members and one alternate for each representation unit. If the Union elects not to make an appointment, the City Manager may.
15.1.2 Safety boots. The City will provide an annual allowance in the amount of $300 to employees who are required to perform field work for the purpose of purchasing safety boots complying with standards established by the Safety Committee. This allowance shall be paid in the first full pay period in July.
15.1.3 The City shall provide to employees assigned to Building Inspection Supervisor, Public Works Supervisor, and Construction Inspection Supervisor classes classifications an annual clothing allowance of $350. Such allowance shall be paid in 26 equal installments over the fiscal year, beginning with the first full pay period in July. In the event there is a 27th payroll in the fiscal year, there will be no payment in the last pay period of the year. the month of July. The purpose of this allowance is for the purchase of a uniform as designated by the Director of Community Development and Director of Public Works. The wearing and use of such uniform shall conform to the Uniform Policy set by the Director of Community Development.
On a one-time non-precedent setting basis, employees who are CalPERS "classic" members (as defined by CalPERS) who retire in Fiscal Year 2022-23, the City shall restate its uniform allowance reporting to CalPERS to ensure the $350 paid in the first full pay period in July 2021 is reported evenly throughout Fiscal Year 2021-22 if the employee
Memorandum of Understanding between the
City of Concord and OPEIU Local 29 July 1, 2021 2023 - June 30, 20232026
provides the City with at least 90 calendar days' notice prior to his/her retirement date. If the employee provides less than 90 calendar days advance notice of his/her retirement date, the City is not obligated to restate its uniform allowance reporting to CalPERS.
The City shall provide to Administrative Assistants assigned to supervise Community Service officers, an annual clothing allowance of $750. Such allowance shall be paid in 26 equal installments over the fiscal year, beginning with the first full pay period in July. In the event there is a 27th payroll in the fiscal year, there will be no payment in the last pay period of the year. The purpose of this allowance is for the purchase of a uniform as designated by the Chief of Police. The wearing and use of such uniform shall conform to the Uniform Policy set by the Chief of Police.
On a one-time non-precedent setting basis, employees who are CalPERS "classic" members (as defined by CalPERS) who retire in Fiscal Year 2022-23, the City shall restate its uniform allowance reporting to CalPERS to ensure the $750 paid in the first full pay period in July 2021 is reported evenly throughout Fiscal Year 2021-22 if the employee provides the City with at least 90 calendar days' notice prior to his/her retirement date. If the employee provides less than 90 calendar days advance notice of his/her retirement date, the City is not obligated to restate its uniform allowance reporting to CalPERS.
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. The parties agree it is ultimately CalPERS who determines whether any form of pay is reportable special compensation.
15.1.4 All employees performing field work shall be provided, on an individual basis, safety glasses pursuant to Policy and Procedure No. 106, in addition to hard hats, and safety vests.
15.2 Wellness Program
The City shall maintain a Wellness Program for all City of Concord employees.
Local 29 has the right to have a seat on the committee as designated by the Union.
The City will provide program funding.
15.3 Drug and Alcohol Use and Testing
15.3.1 No employee shall use, purchase, sell, or transport any alcoholic beverages or illegal substances, or abuse the use of controlled substances during any portion of the paid duty time. Paid duty time includes all "coffee breaks", lunch breaks, whether paid or unpaid, and any overtime hours worked.
Memorandum of Understanding between the
City of Concord and OPEIU Local 29 July 1, 2021 2023 - June 30, 20232026
15.3.2 In addition to existing rules governing use of alcohol and drugs or being under the influence while on duty, drinking alcoholic beverages during unpaid lunch is also prohibited. Note: The Association's agreement to this provision was conditioned upon implementation of the same policy for mid-managers, executive managers, and members of the Local 856 bargaining unit. That condition has been fulfilled.
15.3.3 The parties agree that the issue of how prescription as well as over-thecounter drugs are used and regulated for employees is a matter of mutual importance and concern. Supervisors and employees have a common responsibility for maintaining safe working conditions. These common responsibilities include a need to be sensitive to the ways in which prescription and over-the-counter drugs may affect work performance and safety. Supervisors also have a responsibility for protecting confidentiality of medical information regarding employees.
15.3.4 An employee who violates these provisions will be subject to disciplinary action.
16. BENEFIT PLANS
16.1 Medical
16.1.1 Active Employees
16.1.11 The City shall continue to contract with CalPERS for medical insurance plans for unit employees through the term of this Agreement.
16.1.1.2 The City shall pay 90% of the 2016 Kaiser premium at each rate of coverage (Employee Only, Employee plus 1, and
Employee plus 2 or more):
Employee only $ 671.82
Employee + One Dependent $1,343.65
Employee + Two or more Dependents $1,746.74
16.1.1.3 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 premiums.
The City contribution towards medical premiums shall be calculated as follows: 90% of 2016 Kaiser premium +
((current Kaiser premium – 2016 Kaiser premium)*(.75)). 60 days prior to the effective date of the new Kaiser premium rates, as announced by CalPERS, the parties will meet to calculate the City and employee contributions.
16.1.1.4 The parties agree to re-open to meet and confer on regulatory
Memorandum of Understanding between the
City of Concord and OPEIU Local 29 July 1, 2021 2023 - June 30, 20232026
changes related to the Affordable Care Act which arise
during the term of this MOU.
16.1.2 Flexible Spending Account (IRC Section 125)
The City shall maintain the current Flexible Spending
Account/Cafeteria Plan (FSA) offered by the City. The FSA will include accounts for dependent care, medical premium co-payment, and medical expenses.
The parties also agree that the City may pay the employer portion of medical premiums (less the statutorily mandated PEMHCA
contribution) through the FSA. The parties understand that the City’s use of the FSA as a vehicle for its medical contributions would not change the City or employee’s overall contribution to active medical premiums as set forth in this agreement.
16.1.2.1 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.
16.1.2.2 The City shall make a direct contribution equal to the minimum employer contribution for agencies participating in the Public Employees Medical and Hospital Care Act
(PEMHCA) on behalf of each active employee.
16.1.2.3 The City shall make a premium contribution on behalf of each active employee in an amount which, together with the minimum PEMHCA contribution, equals the City
contribution calculated in Section 16.1.1. For 20222023, the PEMHCA minimum is $149151.
[EXAMPLE: If the PEMHCA minimum contribution is
$149151, and the City’s share of premium for Employee Only is $671.82797.27, then the City will make a direct PEMHCA payment of $149 151 and make available $522.82646.27 to the employee under the premium conversion arrangement.]
16.1.2.4 Any employee who has health plan coverage as a result of being an eligible dependent of another City employee, or who has health plan coverage as an eligible dependent of a person employed elsewhere, may request that their health plan coverage as an employee of the City be terminated, and that they be paid the amount of the monthly health waiver benefit as follows:
For those qualified and hired by the City of Concord
before January 1, 2015, Medical in Lieu shall be
Memorandum of Understanding between the
City of Concord and OPEIU Local 29 July 1, 2021 2023 - June 30, 20232026
$500. (These employees also received a one-time
lump sum payment in the amount of $750, which was
paid during the first full pay period in January 2015); For those qualified and hired by the City on or after January 1, 2015, Medical in Lieu shall be $200; and
the “waiver” benefit shall be capped at these levels.
Employees who opt out of the CalPERS medical plan
and receive cash must provide the following: (1)
proof that the employee and all individuals for whom
the employee intends to claim a personal exemption
deduction (“tax family”), have or will have minimum
essential coverage through another source (other than
coverage in the individual market, whether or not
obtained through Covered California) for the plan
year to which the opt out arrangement applies (“opt
out period”); and (2) the employee must sign an
attestation that the employee and his/her tax family
have or will have such minimum essential coverage
for the opt out period. An employee must provide the
attestation every plan year at open enrollment or
within 30 days after the start of the plan year. The
opt-out payment cannot be made and the City will
not in fact make payment if the employer knows that
the employee or tax family member doesn’t have
such alternative coverage, or if the conditions in this paragraph are not otherwise satisfied. Employees and
known dependents who do not provide the annual
information required will be enrolled in the lowest
cost health plan.
16.1.2.5 Consistent with applicable laws and regulations, each worker may authorize salary deductions for any benefits permitted by law and provided for in the FSA plan document. Those benefits will include:
a. Health insurance in accordance with PERS
regulations and Federal law;
b. Child care expenses not otherwise reimbursed by the
City;
c. Any qualified personal medical, dental and vision
care expenses not covered by the City’s plans,
including but not limited to deductibles, copayments, medication and medical equipment; d. Commuter Benefits
Memorandum of Understanding between the
City of Concord and OPEIU Local 29 July 1, 2021 2023 - June 30, 20232026
Plan Type – Basic Plan (Pre-Medicare)
16.1.3 Retiree Medical Insurance
16.1.3.1 Current employees hired prior to 7/12/2016 and who meet the requirements set forth in this section shall be vested in the flat dollar contribution rates set forth in the chart below.
For active employees hired before 7/12/2016 and who work for the City of Concord continuously for five (5) or more years, who retire directly from the City, in accordance with CalPERS and PEMHCA requirements, the City shall
reimburse the retirees up to the following amounts
determined by the level of coverage selected and plan type:
Plan Types:
Basic Plan (Pre-Medicare)
Supplemental Medicare Plan (Retiree and dependent(s) are Medicare eligible) Combination Plan (when at least one covered party – retiree or dependent are Medicare eligible but at least one of the other covered individuals is not Medicare eligible) 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 Retiree contributions will vary based on future changes to health premiums and health plan
Memorandum of Understanding between the
City of Concord and OPEIU Local 29 July 1, 2021 2023 - June 30, 20232026
selected. However, the City contribution shall be capped at the levels listed above.
City contributions to medical premiums shall not exceed 100% of the premium cost for the applicable level of Kaiser coverage.
16.1.3.2 Employees hired on or after 7/12/2016 and employees hired before 7/12/2016 but who work fewer than five (5)
continuous years for the City of Concord shall have no
vested right to retiree medical benefits beyond the minimum contribution rate provided by law. However, any employee who retired directly from City of Concord and was eligible for the retirement medical benefit prior to 7/12/2016, but subsequently returns to employment with Concord shall
retain his/her eligibility for retirement health benefits pursuant to 16.1.3.1. In addition, any employee who has received a conditional offer of employment with the City prior to 7/12/2016 shall be treated as an active employee on the effective date for purposes of section 16.1.3.1.
16.1.4 Nothing in this agreement shall preclude the City from selecting an alternative health care provider (other than PEMHCA) after the expiration of this agreement, subject to bargaining obligations under state law. However, should the City change health care providers in the future, it shall continue to pay toward retiree health coverage in the amounts set forth in 16.1.3.1.
16.1.5 The City agrees to provide employee and dependent coverage as determined in 16.1.1 above when an employee 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.
16.1.6 Health Care Coverage for Disabled Eligible Employees Health care coverage may be extended to disabled eligible employees subject to the following provisions:
16.1.6.1 Definitions
16.1.6.1.1 Eligible employee means a person currently
employed full-time by the City of Concord in a
competitive service position.
16.1.6.1.2 Dependent means the eligible employee's legal spouse and/or children eligible for coverage by one
of the City's health care programs.
16.1.6.1.3 Extended health care coverage means continued eligibility to participate in and be covered by the
City provided CalPERS health plan after
Memorandum of Understanding between the
City of Concord and OPEIU Local 29 July 1, 2021 2023 - June 30, 20232026
commencement of Long Term Disability benefits.
16.1.6.1.4 Individual coverage means coverage under the City provided CalPERS health plan for the disabled
eligible employee or the surviving spouse of a
disabled eligible employee.
16.1.6.1.5 Residual Balance of Unused Sick Leave means all hours of unused sick leave in excess of 800 hours.
16.1.6.2 Eligibility
16.1.6.2.1 Extended health care coverage shall be
limited to those eligible employees who, in
the future, will become eligible and continue
to be eligible to receive benefits under the
City of Concord's long term disability
program.
16.1.6.2.2 Participation in extended health care coverage program by a disabled eligible employee and
the employee’s dependent(s) shall be
voluntary.
16.1.6.2.3 Extended health care conversion coverage
will cease on the last day of the month for
which long term disability benefits are
payable. Continued enrollment in the
CalPERS health plan will be available as a
continuation benefit at the employee's
expense under standard Leave of Absence
provisions.
16.1.6.3 Scope of Extended Health Care Coverage
16.1.6.3.1 Extended health care coverage shall not
include prescription drug programs that are
independent of available health plans.
Continuation of dental plan coverage is at the
entire expense of the eligible employee and is
not included under the sick leave conversion
provisions of this section.
16.1.6.3.2 Participants in the extended health care
coverage program shall, when eligible, apply
for Medicare, parts A and B and/or other
insurance programs under which there is an
entitlement to benefits.
16.1.6.4 Participation/Election Options
Memorandum of Understanding between the
City of Concord and OPEIU Local 29 July 1, 2021 2023 - June 30, 20232026
At the time an eligible employee commences receipt of
benefits from the City's Long Term Disability program, the eligible employee who elects to participate in the extended health care coverage program may choose one of the
following options.
16.1.6.4.1 Option 1 - Conversion of Entire Sick Leave
Balance
Convert the entire unused sick leave balance
available at the date the employee
commences receipt of benefits on the basis of
one month of prepaid health care coverage
for each 8 hours of unused sick leave. The
number of unused sick leave hours shall be
divided by 8 and rounded to the nearest whole
number to determine the number of months
of fully paid CalPERS Health Plan coverage
as described in section 16.1.1 above.
16.1.6.4.2 Option 2 - Conversion of Residual Balance
of Sick Leave
Freeze 800 hours of the unused sick leave
balance available at the date the employee
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 above. At the time of service
retirement occurring while the eligible
employee is eligible to receive benefits
from the City's long term disability
program, an eligible employee may receive
the dollar value of the frozen 800 hours of
unused sick leave computed at the rate of
two hours of pay for each eight hours of sick
leave accrual, or use the frozen sick leave to
extend service credit at the rate of 0.004
years of service credit for each 8 hours of
unused accrued sick leave.
16.1.6.4.3 Option 3 - Payment for Participation
In lieu of converting any unused sick leave
as described in Options 1 and 2 above, the
eligible employee may choose to
participate by paying the entire monthly
Memorandum of Understanding between the
City of Concord and OPEIU Local 29 July 1, 2021 2023 - June 30, 20232026
premium rate for the selected CalPERS
coverage to the City by the 10th of each
month.
16.1.6.4.4 Except as provided immediately above, if
the eligible employee elects to use any or
all of the unused sick leave balance as an
option for extended health care coverage,
the employee may not at a later date
receive any portion of the unused sick
leave in cash, even if the employee elects
to no longer participate in the extended
health care coverage program.
16.1.6.5 Death of Disabled Eligible Employee
16.1.6.5.1 Upon the death of the spouse of a disabled
eligible employee who has been covered
under these conversion provisions, any or
all of the unused months of fully-paid
extended health care coverage will be
made available to the disabled eligible
employee.
16.1.6.5.2 Upon the death of the disabled eligible
employee, the surviving spouse may
continue on extended health care until the
number of months originally covered is
exhausted.
16.1.6.5.3 Upon remarriage, a surviving spouse may
continue individual coverage in the
extended health care coverage by paying
the full amount required for such
coverage. Health care coverage for
eligible dependent children of the
deceased eligible employee would be at
the sole expense of the surviving spouse.
16.1.6.6 Conversion of Sick Leave to Retirement Service Credit Nothing contained in this section affects an eligible
employee's rights under Section 2809.B.6. of the Retirement Ordinance to convert all unused sick leave to retirement service credit as described in section 10.1.2.
16.1.7 Domestic Partner Coverage
Registered domestic partners of bargaining unit employees shall be eligible to qualify as dependents under the City’s medical and dental
Memorandum of Understanding between the
City of Concord and OPEIU Local 29 July 1, 2021 2023 - June 30, 20232026
plans, subject to the conditions set forth by the benefit carriers.
16.2 Dental
The City shall maintain the current dental and orthodontia plan, described in the Delta Dental “Evidence of Coverage”, Group No. 3676-1016, for the term of this MOU and will pay the cost of any increase in monthly dental premiums which become effective during the term of this MOU.
Minor changes in the dental plan that may be stipulated by the dental claims administrator as mandatory may be incorporated into the described health insurance program without contradicting the concept of the "present level of coverage".
16.3 Long Term Disability
The City shall maintain, at the City’s cost, the current Long Term Disability program for the term of this MOU. Individual coverage ceases upon termination of employment. The City will notify the Union and provide an opportunity to meet and confer before changing the level of coverage.
16.4 Life Insurance
The City shall maintain the current City-paid Group Life Insurance program for employees for the term of this MOU. The City will notify the Union and provide an opportunity to meet and confer before changing the level of coverage.
16.5 Retirement
16.5.1 Retirement Formula
Bargaining unit employees hired before November 29, 2010, are entitled to retirement benefits under the California Public Employee Retirement System (CalPERS) 2.5% @ 55 retirement formula (Tier I).
Bargaining unit employees hired November 29, 2010, or later, who “classic members” are as defined by CalPERS, are entitled to retirement benefits under the CalPERS 2.0% @ 55 retirement formula (Tier II).
Bargaining unit employees hired January 1, 2013 or later, who are “new members” as defined by CalPERS, are entitled to retirement benefits under the CalPERS 2% @ 62 retirement formula (Tier III).
16.5.2 Employee Contribution Pick-up
Bargaining unit members will pay the entire Member Contribution. For employees in Tier 1, the Member contribution is eight (8%) percent. For employees in Tier 2, the Member Contribution is seven (7%) percent.
For employees in Tier 3, the Member Contribution is one-half of the Normal Cost as calculated by CalPERS (currently 6.25%).
16.6 Deferred Compensation
Employees in the Professional Representation Unit shall be eligible to participate voluntarily in the City of Concord Deferred Compensation Plan 457 and 401K
Memorandum of Understanding between the
City of Concord and OPEIU Local 29 July 1, 2021 2023 - June 30, 20232026
subject to Internal Revenue Service approval. There is no City contribution.
16.7 Employee Assistance
City agrees to pay for six (6) Employee Assistance Program (E.A.P.) counseling sessions per contract year for each employee and for their eligible dependents.
Coverage ceases upon termination of employment. Except for the number of counseling sessions, the E.A.P. shall be at the present level of coverage. If two (2) or more family members are seen together in one session, each would be considered to have used a City-paid session. Costs for more than six (6) sessions for the employee or dependents shall be paid by the employee.
16.8 Tuition Reimbursement
16.8.1 The parties hereby incorporate by reference Policy and Procedure No. 42, in effect on the date of this MOU; provided, however, that the tuition reimbursement under section 4.2 shall be increased to $1,500.00 effective July 8, 2002. Changes to Policy and Procedure No. 42 will become effective only after satisfying the City’s meet and confer obligations.
16.8.2 During 2002, the parties shall meet to develop an incentive plan for employees based on employee development, continuing education, professional certification, or another basis as agreed by the parties. Such incentive program shall become effective in January 2003. See Attachment D C - Local 29 Educational Incentive program - effective with Council approval on November 18, 2003.
The parties agree that to the extent permitted by law, the City shall report this pay to CalPERS as special compensation under 2 CCR 571(a)(2) and 2 CCR 571.1(b)(4) – Educational incentive.
16.8.3 Upon the written request of the union, the City agrees to constitute a joint committee within ninety (90) calendar days of adoption of the successor MOU whose purpose shall be to review the existing Educational Employee Incentive Program. The committee shall consist of two representatives selected by the union and two representatives chosen by the City. The committee will deliberate for no more than ninety (90) days and shall make its written recommendations regarding changes, if any, to the Human Resources Director for consideration.
16.9 Retirement Award Package
The Retirement Award Package shall be continued as described in Attachment CB.
17. ENTIRE AGREEMENT
17.1 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.
Memorandum of Understanding between the
City of Concord and OPEIU Local 29 July 1, 2021 2023 - June 30, 20232026
17.2 Severability
Should any part of this MOU, or any provision herein contained, be rendered or declared invalid by reason of any existing or subsequently enacted legislation, or by any decree of any court of competent jurisdiction, such invalidation of such part or portions of this MOU shall not invalidate the remaining portions thereof. The remaining portions or parts shall remain in full force and effect. It is mutually agreed that upon such invalidation, the City and the Professional Employees will meet and confer in good faith with reference to the parts or provisions thus invalidated.
This MOU is subject to all existing State Laws and the ordinances, resolutions, and administrative rules of the City, except as expressly provided to the contrary by this MOU.
18. REVISIONS, AMENDMENTS, EXTENSIONS
Neither party shall, during the term of this MOU, demand any change herein, provided that nothing herein shall prohibit the parties from changing the terms of this MOU by mutual agreement.
19. PAPERLESS PAYROLL
20. TERM OF AGREEMENT
This MOU shall be effective upon ratification by approval of the members of Local 29 and approval by the Concord City Council; its effective date shall be as stated upon its adoption by the City Council. The term of this MOU shall be from the effective date until June 30, 20232026. All salary, benefits, and other provisions in effect on July 1, 20212023, shall continue at their same June 30, 2023 2026 level until impasse procedures are exhausted.
The parties will commence meeting and conferring toward a successor MOU on or before March 15, 2023.2026
INTENTIONALLY LEFT BLANK
Page i
ATTACHMENT A
CITY OF CONCORD
PAY TABLE PROFESSIONAL UNIT
Job
Code Classification Pay Grade Step Hourly Rate Effective 7/10/23 Hourly Rate
Effective 7/8/24
Hourly Rate
Effective 7/7/25
3536 Accountant I 010* 1 $ 39.7403 $ 41.7273 $ 43.8136
2 $ 41.7274 $ 43.8137 $ 46.0043
3 $ 43.8139 $ 46.0045 $ 48.3047
4 $ 46.0046 $ 48.3048 $ 50.7200
5 $ 48.3047 $ 50.7199 $ 53.2558
6 $ 50.7199 $ 53.2558 $ 55.9185
3530 Accountant II 012* 1 $ 46.4300 $ 48.7515 $ 51.1890 2 $ 48.7514 $ 51.1889 $ 53.7483
3 $ 51.1892 $ 53.7486 $ 56.4360
4 $ 53.7482 $ 56.4356 $ 59.2573
5 $ 56.4359 $ 59.2576 $ 62.2204
6 $ 59.2576 $ 62.2204 $ 65.3314
3709 Administrative Assistant 011 1 $ 37.3703 $ 39.2388 $ 41.2007 2 $ 39.2385 $ 41.2004 $ 43.2604
3 $ 41.2007 $ 43.2607 $ 45.4237
4 $ 43.2606 $ 45.4236 $ 47.6947
5 $ 45.4237 $ 47.6948 $ 50.0795
6 $ 47.6951 $ 50.0798 $ 52.5837
3711 Administrative
Coordinator
013 1 $ 44.8867 $ 47.1310 $ 49.4875
2 $ 47.1312 $ 49.4877 $ 51.9620
3 $ 49.4874 $ 51.9617 $ 54.5597
4 $ 51.9620 $ 54.5601 $ 57.2881
5 $ 54.5603 $ 57.2883 $ 60.1527
6 $ 57.2882 $ 60.1526 $ 63.1602
3114 Assistant Engineer 012* 1 $ 50.4307 $ 52.9522 $ 55.5998 2 $ 52.9524 $ 55.6000 $ 58.3800
3 $ 55.5999 $ 58.3798 $ 61.2987
4 $ 58.3800 $ 61.2990 $ 64.3639
5 $ 61.2990 $ 64.3639 $ 67.5820
6 $ 64.3638 $ 67.5819 $ 70.9609
3134 Assistant Planner 011* 1 $ 39.9583 $ 41.9562 $ 44.0540 2 $ 41.9562 $ 44.0540 $ 46.2567
3 $ 44.0541 $ 46.2568 $ 48.5696
4 $ 46.2569 $ 48.5697 $ 50.9981
5 $ 48.5697 $ 50.9981 $ 53.5480
Page ii
Job
Code Classification Pay Grade Step Hourly Rate Effective 7/10/23 Hourly Rate
Effective 7/8/24
Hourly Rate
Effective 7/7/25
6 $ 50.9980 $ 53.5479 $ 56.2252
3113 Associate Civil Engineer 014* 1 $ 59.9001 $ 62.8951 $ 66.0398 2 $ 62.8952 $ 66.0399 $ 69.3418
3 $ 66.0402 $ 69.3422 $ 72.8093
4 $ 69.3419 $ 72.8089 $ 76.4493
5 $ 72.8093 $ 76.4497 $ 80.2721
6 $ 76.4497 $ 80.2721 $ 84.2857
3132 Associate Planner 012* 1 $ 44.4504 $ 46.6729 $ 49.0065 2 $ 46.6730 $ 49.0066 $ 51.4569
3 $ 49.0066 $ 51.4569 $ 54.0297
4 $ 51.4570 $ 54.0298 $ 56.7312
5 $ 54.0300 $ 56.7315 $ 59.5680
6 $ 56.7315 $ 59.5680 $ 62.5464
3375 Building Inspection
Supervisor
013* 1 $ 51.3392 $ 53.9061 $ 56.6014
2 $ 53.9063 $ 56.6016 $ 59.4316
3 $ 56.6017 $ 59.4317 $ 62.4032
4 $ 59.4315 $ 62.4030 $ 65.5231
5 $ 62.4032 $ 65.5233 $ 68.7994
6 $ 65.5234 $ 68.7995 $ 72.2394
3377 Construction Inspection
Supervisor
012* 1 $ 47.5285 $ 49.9049 $ 52.4001
2 $ 49.9049 $ 52.4001 $ 55.0201
3 $ 52.4000 $ 55.0200 $ 57.7710
4 $ 55.0202 $ 57.7712 $ 60.6597
5 $ 57.7713 $ 60.6598 $ 63.6927
6 $ 60.6598 $ 63.6927 $ 66.8773
7121 Crimes and Intelligence
Analyst
014 1 $ 47.1297 $ 49.4861 $ 51.9604
2 $ 49.4863 $ 51.9606 $ 54.5586
3 $ 51.9603 $ 54.5583 $ 57.2862
4 $ 54.5585 $ 57.2864 $ 60.1507
5 $ 57.2865 $ 60.1508 $ 63.1583
6 $ 60.1510 $ 63.1585 $ 66.3164
3135 Economic Development
Specialist
014 1 $ 47.1297 $ 49.4861 $ 51.9604
2 $ 49.4863 $ 51.9606 $ 54.5586
3 $ 51.9603 $ 54.5583 $ 57.2862
4 $ 54.5585 $ 57.2864 $ 60.1507
5 $ 57.2865 $ 60.1508 $ 63.1583
6 $ 60.1510 $ 63.1585 $ 66.3164
3710 GIS Program Analyst 012 1 $ 40.3729 $ 42.3915 $ 44.5110 2 $ 42.3915 $ 44.5110 $ 46.7365
Page iii
Job
Code Classification Pay Grade Step Hourly Rate Effective 7/10/23 Hourly Rate
Effective 7/8/24
Hourly Rate
Effective 7/7/25
3 $ 44.5110 $ 46.7365 $ 49.0733
4 $ 46.7369 $ 49.0737 $ 51.5273
5 $ 49.0736 $ 51.5272 $ 54.1035
6 $ 51.5274 $ 54.1037 $ 56.8088
3798 Housing Program
Analyst
013 1 $ 44.8867 $ 47.1310 $ 49.4875
2 $ 47.1312 $ 49.4877 $ 51.9620
3 $ 49.4874 $ 51.9617 $ 54.5597
4 $ 51.9620 $ 54.5601 $ 57.2881
5 $ 54.5603 $ 57.2883 $ 60.1527
6 $ 57.2882 $ 60.1526 $ 63.1602
3799 Housing Rehabilitation
Coordinator
013 1 $ 44.8867 $ 47.1310 $ 49.4875
2 $ 47.1312 $ 49.4877 $ 51.9620
3 $ 49.4874 $ 51.9617 $ 54.5597
4 $ 51.9620 $ 54.5601 $ 57.2881
5 $ 54.5603 $ 57.2883 $ 60.1527
6 $ 57.2882 $ 60.1526 $ 63.1602
3797 Housing Rehabilitation
Specialist
010* 1 $ 35.5936 $ 37.3732 $ 39.2418
2 $ 37.3733 $ 39.2419 $ 41.2039
3 $ 39.2419 $ 41.2039 $ 43.2640
4 $ 41.2042 $ 43.2644 $ 45.4276
5 $ 43.2642 $ 45.4274 $ 47.6987
6 $ 45.4276 $ 47.6989 $ 50.0838
3116 Junior Engineer 010* 1 $ 43.0693 $ 45.2227 $ 47.4838 2 $ 45.2229 $ 47.4840 $ 49.8582
3 $ 47.4839 $ 49.8580 $ 52.3509
4 $ 49.8582 $ 52.3511 $ 54.9686
5 $ 52.3511 $ 54.9686 $ 57.7170
6 $ 54.9689 $ 57.7173 $ 60.6031
3702 Microcomputer
Coordinator
011 1 $ 37.3703 $ 39.2388 $ 41.2007
2 $ 39.2385 $ 41.2004 $ 43.2604
3 $ 41.2007 $ 43.2607 $ 45.4237
4 $ 43.2606 $ 45.4236 $ 47.6947
5 $ 45.4237 $ 47.6948 $ 50.0795
6 $ 47.6951 $ 50.0798 $ 52.5837
3791 Neighborhood Services
Supervisor
013* 1 $ 51.3392 $ 53.9061 $ 56.6014
2 $ 53.9063 $ 56.6016 $ 59.4316
3 $ 56.6017 $ 59.4317 $ 62.4032
4 $ 59.4315 $ 62.4030 $ 65.5231
5 $ 62.4032 $ 65.5233 $ 68.7994
6 $ 65.5234 $ 68.7995 $ 72.2394
Page iv
Job
Code Classification Pay Grade Step Hourly Rate Effective 7/10/23 Hourly Rate
Effective 7/8/24
Hourly Rate
Effective 7/7/25
3707 Network Engineer 012 1 $ 40.3729 $ 42.3915 $ 44.5110 2 $ 42.3915 $ 44.5110 $ 46.7365
3 $ 44.5110 $ 46.7365 $ 49.0733
4 $ 46.7369 $ 49.0737 $ 51.5273
5 $ 49.0736 $ 51.5272 $ 54.1035
6 $ 51.5274 $ 54.1037 $ 56.8088
3140 Plan Check Engineer 014* 1 $ 57.8056 $ 60.6958 $ 63.7305 2 $ 60.6960 $ 63.7308 $ 66.9173
3 $ 63.7306 $ 66.9171 $ 70.2629
4 $ 66.9173 $ 70.2631 $ 73.7762
5 $ 70.2632 $ 73.7763 $ 77.4651
6 $ 73.7763 $ 77.4651 $ 81.3383
3378 Public Works Supervisor 012* 1 $ 47.5285 $ 49.9049 $ 52.4001 2 $ 49.9049 $ 52.4001 $ 55.0201
3 $ 52.4000 $ 55.0200 $ 57.7710
4 $ 55.0202 $ 57.7712 $ 60.6597
5 $ 57.7713 $ 60.6598 $ 63.6927
6 $ 60.6598 $ 63.6927 $ 66.8773
7122 Senior Crimes and
Intelligence Analyst
016 1 $ 52.9564 $ 55.6042 $ 58.3844
2 $ 55.6041 $ 58.3843 $ 61.3035
3 $ 58.3843 $ 61.3035 $ 64.3686
4 $ 61.3036 $ 64.3687 $ 67.5871
5 $ 64.3687 $ 67.5871 $ 70.9664
6 $ 67.5871 $ 70.9664 $ 74.5147
3792 Senior Housing
Rehabilitation Specialist
012 1 $ 40.3729 $ 42.3915 $ 44.5110
2 $ 42.3915 $ 44.5110 $ 46.7365
3 $ 44.5110 $ 46.7365 $ 49.0733
4 $ 46.7369 $ 49.0737 $ 51.5273
5 $ 49.0736 $ 51.5272 $ 54.1035
6 $ 51.5274 $ 54.1037 $ 56.8088
3704 Senior Network Systems
Engineer
013 1 $ 44.8867 $ 47.1310 $ 49.4875
2 $ 47.1312 $ 49.4877 $ 51.9620
3 $ 49.4874 $ 51.9617 $ 54.5597
4 $ 51.9620 $ 54.5601 $ 57.2881
5 $ 54.5603 $ 57.2883 $ 60.1527
6 $ 57.2882 $ 60.1526 $ 63.1602
3130 Senior Planner 014* 1 $ 49.7430 $ 52.2301 $ 54.8416 2 $ 52.2300 $ 54.8415 $ 57.5835
3 $ 54.8416 $ 57.5836 $ 60.4627
4 $ 57.5838 $ 60.4629 $ 63.4860
Page v
Job
Code Classification Pay Grade Step Hourly Rate Effective 7/10/23 Hourly Rate
Effective 7/8/24
Hourly Rate
Effective 7/7/25
5 $ 60.4630 $ 63.4861 $ 66.6604
6 $ 63.4862 $ 66.6605 $ 69.9935
7123 Senior Police Crimes
Analyst
011 1 $ 37.3703 $ 39.2388 $ 41.2007
2 $ 39.2385 $ 41.2004 $ 43.2604
3 $ 41.2007 $ 43.2607 $ 45.4237
4 $ 43.2606 $ 45.4236 $ 47.6947
5 $ 45.4237 $ 47.6948 $ 50.0795
6 $ 47.6951 $ 50.0798 $ 52.5837
3703 Senior Programmer
Analyst
012 1 $ 44.8867 $ 47.1310 $ 49.4875
2 $ 47.1312 $ 49.4877 $ 51.9620
3 $ 49.4874 $ 51.9617 $ 54.5597
4 $ 51.9620 $ 54.5601 $ 57.2881
5 $ 54.5603 $ 57.2883 $ 60.1527
6 $ 57.2882 $ 60.1526 $ 63.1602
3706 Senior Systems Analyst 014 1 $ 47.1297 $ 49.4861 $ 51.9604 2 $ 49.4863 $ 51.9606 $ 54.5586
3 $ 51.9603 $ 54.5583 $ 57.2862
4 $ 54.5585 $ 57.2864 $ 60.1507
5 $ 57.2865 $ 60.1508 $ 63.1583
6 $ 60.1510 $ 63.1585 $ 66.3164
3570 Supervising Accountant 014* 1 $ 54.7916 $ 57.5311 $ 60.4076 2 $ 57.5311 $ 60.4076 $ 63.4279
3 $ 60.4078 $ 63.4281 $ 66.5995
4 $ 63.4281 $ 66.5995 $ 69.9294
5 $ 66.5994 $ 69.9293 $ 73.4257
6 $ 69.9295 $ 73.4259 $ 77.0971
3705 Web Coordinator 010 1 $ 34.5547 $ 36.2824 $ 38.0965 2 $ 36.2824 $ 38.0965 $ 40.0013
3 $ 38.0966 $ 40.0014 $ 42.0014
4 $ 40.0014 $ 42.0014 $ 44.1014
5 $ 42.0015 $ 44.1015 $ 46.3065
6 $ 44.1017 $ 46.3067 $ 48.6220
*Market Rate *Market Rate *Market Rate
CITY OF CONCORD
PAY TABLE PROFESSIONAL UNIT
Job Code Classification Pay Grade Step Hourly Rate
Effective 11/15/21
Hourly Rate
Effective 7/11/22
Page vi
3536 Accountant I 010* 1 $36.3990 $37.4909
2 $38.2190 $39.3655
3 $40.1300 $41.3339
4 $42.1366 $43.4006
5 $44.2433 $45.5705
6 $46.4554 $47.8490
3530 Accountant II 012* 1 $42.5262 $43.8019
2 $44.6524 $45.9919
3 $46.8852 $48.2917
4 $49.2291 $50.7059
5 $51.6908 $53.2415
6 $54.2752 $55.9034
3709 Administrative Assistant 011 1 $34.2282 $35.2550
2 $35.9394 $37.0175
3 $37.7366 $38.8686
4 $39.6233 $40.8119
5 $41.6045 $42.8526
6 $43.6849 $44.9954
3711 Administrative Coordinator 013 1 $41.1127 $42.3460 2 $43.1684 $44.4634
3 $45.3266 $46.6863
4 $47.5931 $49.0208
5 $49.9729 $51.4720
6 $52.4714 $54.0455
3114 Assistant Engineer 012* 1 $46.1905 $47.5762
2 $48.5001 $49.9551
3 $50.9251 $52.4528
4 $53.4714 $55.0755
5 $56.1450 $57.8293
6 $58.9521 $60.7206
3134 Assistant Planner 011* 1 $36.5987 $37.6966
2 $38.4286 $39.5814
3 $40.3500 $41.5605
4 $42.3676 $43.6386
5 $44.4860 $45.8205
6 $46.7101 $48.1114
Job Code Classification Pay Grade Step Hourly Rate
Effective 11/15/21
Hourly Rate
Effective 7/11/22
3113 Associate Civil Engineer 014* 1 $54.8637 $56.5096
2 $57.6069 $59.3351
3 $60.4875 $62.3021
4 $63.5116 $65.4169
Page vii
5 $66.6875 $68.6881
6 $70.0218 $72.1224
3132 Associate Planner 012* 1 $40.7131 $41.9344
2 $42.7488 $44.0312
3 $44.8862 $46.2327
4 $47.1305 $48.5444
5 $49.4871 $50.9717
6 $51.9615 $53.5203
3375 Building Inspection Supervisor 013* 1 $47.0227 $48.4333 2 $49.3738 $50.8550
3 $51.8427 $53.3979
4 $54.4345 $56.0675
5 $57.1564 $58.8710
6 $60.0142 $61.8146
3377 Construction Inspection 012* 1 $43.5324 $44.8383
Supervisor 2 $45.7089 $47.0801
3 $47.9942 $49.4340
4 $50.3941 $51.9059
5 $52.9139 $54.5013
6 $55.5596 $57.2263
7121 Crimes and Intelligence Analyst 014 1 $43.1670 $44.4620 2 $45.3255 $46.6852
3 $47.5915 $49.0192
4 $49.9712 $51.4703
5 $52.4699 $54.0439
6 $55.0935 $56.7463
3135 Economic/Redevelopment 014 1 $43.1670 $44.4620
Specialist 2 $45.3255 $46.6852
3 $47.5915 $49.0192
4 $49.9712 $51.4703
5 $52.4699 $54.0439
6 $55.0935 $56.7463
3710 GIS Program Analyst 012 1 $36.9784 $38.0877
2 $38.8272 $39.9920
3 $40.7686 $41.9916
Job Code Classification Pay Grade Step Hourly Rate
Effective 11/15/21
Hourly Rate
Effective 7/11/22
4 $42.8073 $44.0915
5 $44.9475 $46.2959
6 $47.1950 $48.6108
Page viii
3798 Housing Program Analyst 013 1 $41.1127 $42.3460
2 $43.1684 $44.4634
3 $45.3266 $46.6863
4 $47.5931 $49.0208
5 $49.9729 $51.4720
6 $52.4714 $54.0455
3799 Housing Rehabilitation 013 1 $41.1127 $42.3460
Coordinator 2 $43.1684 $44.4634
3 $45.3266 $46.6863
4 $47.5931 $49.0208
5 $49.9729 $51.4720
6 $52.4714 $54.0455
3797 Housing Rehabilitation Specialist 010* 1 $32.6009 $33.5789 2 $34.2310 $35.2579
3 $35.9425 $37.0207
4 $37.7398 $38.8719
5 $39.6266 $40.8153
6 $41.6081 $42.8563
3116 Junior Engineer 010* 1 $39.4481 $40.6315
2 $41.4206 $42.6632
3 $43.4915 $44.7962
4 $45.6662 $47.0361
5 $47.9495 $49.3879
6 $50.3471 $51.8575
3702 Microcomputer Coordinator 011 1 $34.2282 $35.2550
2 $35.9394 $37.0175
3 $37.7366 $38.8686
4 $39.6233 $40.8119
5 $41.6045 $42.8526
6 $43.6849 $44.9954
3791 Neighborhood Services Supervisor 013* 1 $47.0227 $48.4333 2 $49.3738 $50.8550
3 $51.8427 $53.3979
4 $54.4345 $56.0675
5 $57.1564 $58.8710
6 $60.0142 $61.8146
Job Code Classification Pay Grade Step Hourly Rate
Effective 11/15/21
Hourly Rate
Effective 7/11/22
3707 Network Engineer 012 1 $36.9784 $38.0877
2 $38.8272 $39.9920
3 $40.7686 $41.9916
4 $42.8073 $44.0915
Page ix
5 $44.9475 $46.2959
6 $47.1950 $48.6108
3140 Plan Check Engineer 014* 1 $52.9453 $54.5336
2 $55.5927 $57.2604
3 $58.3722 $60.1233
4 $61.2909 $63.1296
5 $64.3555 $66.2861
6 $67.5732 $69.6003
3378 Public Works Supervisor 012* 1 $43.5324 $44.8383
2 $45.7089 $47.0801
3 $47.9942 $49.4340
4 $50.3941 $51.9059
5 $52.9139 $54.5013
6 $55.5596 $57.2263
7122 Senior Crimes and Intelligence 016 1 $48.5038 $49.9589 Analyst 2 $50.9289 $52.4567
3 $53.4754 $55.0796
4 $56.1492 $57.8336
5 $58.9566 $60.7252
6 $61.9044 $63.7615
3792 Senior Housing Rehabilitation 012 1 $36.9784 $38.0877 Specialist 2 $38.8272 $39.9920
3 $40.7686 $41.9916
4 $42.8073 $44.0915
5 $44.9475 $46.2959
6 $47.1950 $48.6108
3704 Senior Network Systems Engineer 013 1 $41.1127 $42.3460 2 $43.1684 $44.4634
3 $45.3266 $46.6863
4 $47.5931 $49.0208
5 $49.9729 $51.4720
6 $52.4714 $54.0455
3130 Senior Planner 014* 1 $45.5606 $46.9274
2 $47.8385 $49.2736
3 $50.2305 $51.7374
4 $52.7422 $54.3244
Page x
Job Code Classification Pay Grade Step Hourly Rate
Effective 11/15/21
Hourly Rate
Effective 7/11/22
5 $55.3793 $57.0406
6 $58.1483 $59.8927
7123 Senior Police Crimes Analyst 011 1 $34.2282 $35.2550 2 $35.9394 $37.0175
3 $37.7366 $38.8686
4 $39.6233 $40.8119
5 $41.6045 $42.8526
6 $43.6849 $44.9954
3703 Senior Programmer Analyst 012 1 $36.9784 $38.0877
2 $38.8272 $39.9920
3 $40.7686 $41.9916
4 $42.8073 $44.0915
5 $44.9475 $46.2959
6 $47.1950 $48.6108
3706 Senior Systems Analyst 014 1 $43.1670 $44.4620
2 $45.3255 $46.6852
3 $47.5915 $49.0192
4 $49.9712 $51.4703
5 $52.4699 $54.0439
6 $55.0935 $56.7463
3570 Supervising Accountant 014* 1 $50.1847 $51.6902
2 $52.6939 $54.2747
3 $55.3287 $56.9885
4 $58.0951 $59.8379
5 $60.9998 $62.8297
6 $64.0499 $65.9713
3705 Web Coordinator 010 1 $31.6494 $32.5988
2 $33.2318 $34.2287
3 $34.8934 $35.9402
4 $36.6381 $37.7372
5 $38.4700 $39.6241
6 $40.3936 $41.6054
*Market Rate *Market Rate
Page xi
ATTACHMENT B
Retirement Award Package
A. Full time regular employees who retire from the City will receive the following:
Retirement plaque
$100 contribution by City toward gift being purchased for retiree by co-workers Reimbursement up to $50 for dinner for two
Pair of tickets to performance of choice at Sleep Train Pavilion (this benefit will remain available only so long as the City has access to complementary tickets from the Pavilion B. Full time regular employees hired before April 26, 1994, who retire from the City will receive, in addition to the items listed in paragraph A:
A monetary award based on years of service as follows:
10 years of service $200.00
20 years of service: $500.00
25 years of service: $700.00
C. For employees hired on or after April 26, 1994, retirement recognition awards will be governed by City policy, if any, in effect at the time of retirement. Any employee recognition program developed by the City is subject to change or elimination at any time.
D. The foregoing benefits only apply to employees who actually retire upon cessation of their employment from the City. They do not apply to employees who leave the City to work for another employer and retire at a later time.
Page xii
ATTACHMENT C
EFFECTIVE WITH COUNCIL APPROVAL ON NOVEMBER 18, 2003
OPEIU - LOCAL 29
EDUCATIONAL INCENTIVE PROGRAM
1. PURPOSE
To establish a voluntary Educational Incentive Program for Office and Professional Employees International Union (OPEIU) Local 29 members that would enhance the organization’s ability to provide exceptional service delivery and respond effectively to continually changing business needs. The program is self-initiated, with the Local 29 member taking full responsibility to propose, pursue, and complete agreed upon training and educational curriculum. In addition, the program would:
Encourage growth through education.
Be mutually beneficial for both the City of Concord organization and Local 29 members. Provide a monetary incentive for recognizing relevant educational accomplishments and the employee’s efforts to obtain skill sets that are of value to the Organization. Recognize that the Organization and greater Concord Community will have evolving needs, and that changes will occur within the professions represented by Local 29 members, requiring Local 29 members to continually update their skills and education. Fit the parameters of the City’s 10-Year Financial Plan and be simple to administer.
Upon the written request of the union, the City agrees to constitute a joint committee within ninety (90) calendar days of adoption of the successor MOU whose purpose shall be to review the existing Educational Employee Incentive Program. The committee shall consist of two representatives selected by the union and two representatives chosen by the City. The committee will deliberate for no more than ninety (90) days and shall make its written recommendations regarding changes, if any, to the Human Resources Director for consideration.
2. SCOPE
This voluntary program would apply to all members of Local 29, and be administered on an annual (fiscal year) basis by the Human Resources Department.
3. POLICY
The program will provide an incentive for pursuing educational goals that fall within the parameters of the program, defined as follows:
3.1 Employee Participation: To participate in the Local 29 Educational Incentive Program, an employee must meet the following criteria:
3.1.1 The employee must be a member of Local 29.
Page xiii
3.1.2 To receive the Incentive Award, the employee must be a current full-time employee of the City of Concord. The Incentive Program will not apply to those who have left employment.
3.1.3 The Local 29 member may participate during their probationary period; however, they are not eligible to receive the corresponding Incentive Award until they have successfully completed their probationary period.
3.2 Coursework Eligibility: To be eligible for program inclusion, a workshop, program or course of study must meet the following criteria:
3.2.1 Support the City of Concord’s Mission, Vision, Values and Corporate Goals.
3.2.2 Link to the division or department’s Strategic Plan.
3.2.3 Be part of a formal educational process (college level, undergraduate or graduate degree) OR is part of an industry-recognized program (licensing, certification, etc.). College coursework should be in a field related to the employee’s work, and specific electives will be reviewed and approved by the Department Head to ensure applicability to the department’s desired outcomes. The Department Head reserves the right to identify specific electives, which would then apply to the Educational Incentive Program.
3.2.4 Provide a skill that is of immediate or strategic value to the department.
3.2.5 Must be completed with a grade of “C” or better, or a “Pass” if course is a Pass/Fail.
3.2.6 Be conducted during off-work hours. If the employee chooses, vacation time may be used for classes only available during normal work hours. Such use remains subject to the normal policies, procedures, and Department needs as any other vacation request.
3.3 Calculating the Incentive Award: Upon successful completion of pre-approved eligible coursework, the Educational Incentive benefit will be applied as follows:
3.3.1 Benefits will be based on earning a specific number of CEUs or their hourly equivalent within one fiscal year (July 1 – June 30):
2-3 CEUs = 1% bonus*
4-6 CEUs = 3% bonus*
7 + CEUs = 5% bonus*
(*) Bonus is calculated based on gross wages earned, using the tax information provided on the employee’s prior year W-2
3.3.2 Recognizing that coursework may reflect Continuing Educational Units, (CEU), quarter units, semester units or hours of instruction, the following nationally recognized conversion formula will apply:
1 CEU = 10 hours of instruction = 1 Quarter Unit = 2/3 Semester Unit
Page xiv
3.3.3 The Bonus will be paid out in a lump-sum basis, calculated using gross wages earned as reflected in the employee’s prior year W-2 tax form. The bonus is payable upon the first pay period in September, and considered to be income for calculating retirement benefits under the CalPERS System.
3.3.4 The employee must provide proof of satisfactory completion, as well as the number of CEUs, prior to the end of the fiscal year in order to receive credit.
No credit will be given for partially complete course work. Only completed coursework within the fiscal year will be considered for calculating the Incentive award.
3.3.5 The coursework completion date will identify the fiscal year in which the units are earned and eligible for an incentive award. For example, an approved course of study that begins in April 2003 and ends in July of 2003 would be considered for FY 03-04 and any corresponding incentive award would be payable at the end of FY 03-04.
3.4 Linkage to Evaluation Process: While the employee and manager have the right to initiate this program at any time, the program will also be linked to the evaluation process. The Manager and Employee are required to discuss the employee’s educational and developmental goals and the applicability of the Local 29 Educational Incentive Award Program during the course of the annual review process.
Furthermore, managers of Local 29 employees are required to include specific discussion of this program within their Achievement Plan Part III and report back on the successful implementation of the program in Part III of their Year-end Report.
4. ADMINISTRATION
The Human Resources Department is responsible for overseeing the implementation of this policy as outlined below. The program may be initiated during the course of the Local 29 member’s annual review process, or at any other time of the year as initiated by the employee:
4.1 Employee completes the Local 29 Educational Incentive Program Request Form. This form provides specific required information to enable the manager to make an informed decision.
4.2 Manager reviews the request using established program criteria and guidelines as specified in this policy document, to determine whether the requested course of study fits the parameters of the program.
4.3 If manager does not support the request:
4.3.1 Manager must provide written documentation as to the foundation for their decision, inform the employee, and retain a copy of the employee’s request form along with the documentation outlining the manager’s decision making process and their rejection of the request.
4.3.2 A copy of this paperwork must be forwarded to the Human Resources Department for inclusion in the employee’s personnel file.
Page xv
4.4 If a manager supports the request:
4.4.1 Manager completes their portion of the Request Form, which will specify the date the course of study is to commence, the anticipated completion date, and the number of CEUs it is anticipated the employee will complete within the specified fiscal year.
4.4.2 Human Resources reviews the paperwork for consistency of application from an organization-wide perspective, and provides final approval. Any concerns are addressed with the appropriate Department Head. Human Resources will retain a copy of the form for inclusion in the employee’s personnel file, and forward the remaining copies to the manager.
4.4.2 The manager and the employee both retain a copy of the Request form in their working files.
4.4.3 Prior to the end of the fiscal year, the employee must submit proof of completion including number of CEUs or hours of instruction, and a grade of C or better or Pass if coursework is Pass/Fail.
4.4.4 Manager reviews the proof of completion, compares it to the agreement outlined in the Request Form to ensure that the course work has been successfully completed and meets the necessary standards for issuance of an educational incentive award.
4.4.5 Manager then completes a “Local 29 Educational Incentive Program Award Authorization” form, indicating the corresponding number of CEUs completed, and the correlating award percentage as defined in section 3.3.
4.4.6 Manager sends the authorization form, along with a copy of the original request form and proof of completion documentation to Human Resources for final review.
4.4.7 Human Resources retains a copy of the paperwork for the employee’s personnel file, then forwards the original paperwork to the Payroll Division for processing.
4.4.8 The Payroll Division then applies the specified educational incentive award as a lump sum payment in the first full payroll period of the following Fiscal Year provided the employee has successfully completed their probationary employment period.
4.4.9 Employee classification change: If an employee changes classification or department in the midst of a previously approved course of study, any existing Educational Incentive Program requests must be reviewed and confirmed by the new Department Head and supervisor. The supervisor will review the coursework agreement to ensure that the existing program is applicable to the new department’s objectives. Continuation of an existing Educational Incentive Program request is conditional upon the new supervisor’s approval.
Page xvi
4.4.10 Change in Department Head or Supervisor: In the case of a change in management, any existing Educational Incentive Program requests will remain in force under the conditions previously approved and established.
4.4.10.1 Any new Educational Incentive coursework requests will be reviewed by the new manager under the guidelines
established in this policy document.
5. EXCLUSIONS AND LIMITATIONS
5.1 Employee is responsible for providing sufficient information to the manager to help them make an informed decision as to whether the requested course of study fits the parameters of the Local 29 Educational Incentive Program.
5.2 The Department Head is the ultimate authority. There is no higher appeals process.
5.3 Managers and Department Heads retain the right to deny an eligible course of study if having the employee participate would create an undue operational hardship.
Page xvii
CITY OF CONCORD
OPEIU Local 29 Educational Incentive Program Request Form Employee
NAME JOB TITLE
DEPARTMENT/DIVISION HIRE DATE
COURSE NAME OR SEMINAR
CEUs (please do the conversion)
BEGINNING DATE ENDING DATE
PURPOSE AND BENEFIT (please attach course description or flyer) Manager
NAME
APPROVED DENIED
RATIONALE FOR DECISION
APPROVAL IS CONDITIONAL BASED ON COMPLETEION OF THE ABOVE COURSEWORK BY (date) By signing this form, both Employee and Manager agree to the information noted above. Employee and Manager must abide by the policies governing this program.
MANAGER SIGNATURE DATE
EMPLOYEE SIGNATURE DATE
APPROVED BY HUMAN RESOURCES DATE
Page xviii
ATTACHMENT D
Page xix
ATTACHMENT D (continued)
Page xx
ATTACHMENT D (continued)
Page xxi
ATTACHMENT D (continued)
Page xxii
ATTACHMENT D (continued)
Memorandum of Understanding between the
City of Concord and OPEIU Local 29 July 1, 2023- June 30, 2026 Page xxiii
SIGNATURES
For the OFFICE AND PROFESSIONAL
EMPLOYEES INTERNATIONAL UNION
LOCAL 29:
Tamara R. Rubyn Date
President/Business Manager
OPEIU Local 29
Kelly Gschwend Date
Secretary Treasurer/Business Representative
OPEIU Local 29
For the CITY OF CONCORD:
Valerie Barone Date
City Manager
Jasmin Loi Date
Director of Human Resources
Staff Report
Date: June 27, 2023
To: City Council
From: Valerie J. Barone, City Manager
Reviewed by: Jasmin Loi, Director of Human Resources
Prepared by: James Peavey, Human Resources Manager
[email protected]
(925) 671-3397
Subject: Considering adoption of a Resolution approving the negotiated terms and authorizing the City Manager to execute a three-year memorandum of understanding between the City of Concord and Teamsters Local 856 for the period of July 1, 2023 through June 30, 2026, and authorizing budget
appropriations of $396,600 in Fiscal Year 2023-24 and $112,500 in Fiscal Year 2024-25.
CEQA: Not a project/exempt pursuant to Public Resources Code Section 21065, 14 Cal Code Reg. Sections 15060, 15061, 15273, and/or 15378.
Report in Brief
The term of the current memorandum of understanding between the City of Concord and the Teamsters Local 856 will expire on June 30, 2023. Over the past several months, City of Concord negotiators and Teamsters Local 856 representatives bargained in good faith regarding a successor memorandum of understanding. On May 9, 2023, the parties reached a tentative agreement. On May 19, 2023, the Teamsters Local 856 membership ratified the tentative agreement. The terms of the successor memorandum of understanding will cost, over the three years, $5.5 million and will require budget appropriations of $396,600 in Fiscal Year 2023-24 and $112,500 in Fiscal Year 2024-25. The implementation costs of the third year of the successor memorandum of understanding will be incorporated into future budgets.
5.o
City Council Agenda Report
Agenda Item No. 5.o
June 27, 2023
Recommended Action
Adopt a Resolution approving the negotiated terms and authorizing the City Manager to execute a three-year memorandum of understanding between the City of Concord and Teamsters Local 856 for the period of July 1, 2023 through June 30, 2026, and authorizing budget appropriations of $396,600 in Fiscal Year 2023-24 and $112,500 in Fiscal Year 2024-25.1
Background
The terms of the current memorandum of understanding between the City of Concord and Teamsters Local 856 are set to expire on June 30, 2023. Over the past several months, City of Concord negotiators and Teamsters Local 856 representatives bargained in good faith regarding a successor memorandum of understanding and reached a tentative agreement on May 9, 2023. On May 19, 2023, Teamsters Local 856 membership ratified the tentative agreement.
Analysis
The noteworthy memorandum of understanding modifications are to employee salaries; specifically, the following base wage increases, market adjustments, and a lump sum payment (the remaining substantive provisions of the memorandum of understanding are unchanged):2
Effective the first full pay period after July 1, 2023, all bargaining unit classifications base wages will increase 5%.
Effective the first full pay period after July 1, 2023, all bargaining unit classifications will receive a one time non-precedent setting market equity adjustment of 2%.
Effective the first full pay period after July 1, 2023, all bargaining unit classifications will receive a one time non-precedent setting lump sum $1,000 payment. To receive this payment, individuals must be a City of Concord employee on the date this payment is made.
Effective the first full pay period after July 1, 2024, all bargaining unit classifications base wages will increase 4%.
Effective the first full pay period after July 1, 2025, all bargaining unit classifications base wages will increase 4%.
Effective the first full pay period after July 1, 2025, all bargaining unit classifications will received a one time non-precedent setting market equity adjustment of 1%.
1 A copy of the Resolution is found as Attachment 1. A copy of the successor memorandum of understanding is found as Exhibit A of Attachment 1.
2 To assist in tracking changes between the current memorandum of understanding and the recommended successor memorandum of understanding, a redline version is found as Attachment 2.
City Council Agenda Report
Agenda Item No. 5.o
June 27, 2023
Financial Impact
The total cost of the comprehensive negotiated changes to the memorandum of understanding over three years (Fiscal Years 2023-24, 2024-25 and 2025-26) is $5.5 million. Budget appropriations of $396,600 for Fiscal Year 2023-24 and $112,500 for Fiscal Year 2024-25 are necessary to cover the costs of the implementation of the terms of the successor memorandum of understanding. Funds are available in the adopted budget for Fiscal Year 2023-24 and Fiscal Year 2024-25 for the remainder of the costs of the memorandum of understanding. Costs for Fiscal Year 2025-26 will be incorporated into the next biennial budget.
Environmental Determination
City Council action herein is exempt from California Environmental Quality Act (CEQA) review because none of the activities has the potential for resulting in either a direct physical change in the environment, or a reasonably foreseeable indirect physical change in the environment, the activities consist of continuing administrative or maintenance activities, creation of government funding mechanisms or other government fiscal activities, and/or organizational or administrative activities of government, which do not constitute a “project” within the meaning of Public Resources Code Section 21065, CEQA Guidelines Sections 105060(c)(2), 15060(c)(3), 15273, and/or 15378 (including subsections (b)(2), (4) and/or (5)), and the activities do not constitute discretionary approval of a specific project. If any activity were determined to be a “project” for CEQA analysis, such activity is either subject to a categorical exception set forth in CEQA Guidelines Section 15061(b)(2) or falls within the “Common Sense” CEQA exemption set forth in CEQA Guidelines Section 15061(b)(3). No unusual circumstances exist and none of the exceptions under CEQA Guidelines Section 15300.2 apply. This determination reflects the City of Concord’s independent judgment and analysis.
Public Contact
The City Council Agenda was posted.
Attachments:
1. Resolution approving the negotiated terms and authorizing the City Manager to execute a three-year memorandum of understanding between the City of Concord and Teamsters Local 856 for the period of July 1, 2023 through June 30, 2026, and authorizing budget appropriations of $396,600 in Fiscal Year 2023-24 and $112,500 in Fiscal Year 2024-25, with Exhibit A: Memorandum of understanding between the City of Concord and Teamsters Local 856 for the period of July 1, 2023 through June 30, 2026
2. Redline version of the memorandum of understanding between the City of Concord and the Teamsters Local 856 tracking the changes between the current memorandum of understanding and the successor memorandum of understanding
Res. No. 23-XX 1
BEFORE THE CITY COUNCIL OF THE CITY OF CONCORD
COUNTY OF CONTRA COSTA, STATE OF CALIFORNIA
A Resolution Approving the Negotiated Terms and
Authorizing the City Manager to Execute a ThreeYear Memorandum of Understanding between the City of Concord and Teamsters Local 856 for the
period of July 1, 2023 through June 30, 2026, and
Authorizing Budget Appropriations of $396,600 in
Fiscal Year 2023-24 and $112,500 in Fiscal Year
2024-25
Resolution No. 23-XX
/
WHEREAS, the term of the current memorandum of understanding between the City of Concord and Teamsters Local 856 is set to expire on June 30, 2023; and WHEREAS, over the past several months, City of Concord negotiators and Teamsters Local 856 representatives bargained in good faith regarding a successor memorandum of understanding and reached a tentative agreement on May 9, 2023; and
WHEREAS, on May 19, 2023, the Teamsters Local 856 membership ratified the tentative agreement; and
WHEREAS, the attached successor memorandum of understanding between the City of Concord and Teamsters Local 856 contains the terms and conditions of employment for the classifications represented by Teamsters Local 856 for the period of July 1, 2023 through June 30, 2026 (Exhibit A); and
WHEREAS, the total cost of the comprehensive negotiated changes to the memorandum of understanding over three years (Fiscal Years 2023-24, 2024-25 and 2025-26) is $5.5 million; and WHEREAS, budget appropriations of $396,600 for Fiscal Year 2023-24 and $112,500 for Fiscal Year 2024-25 are necessary to cover the costs of the implementation of the terms of the successor memorandum of understanding; and
WHEREAS, funds are available in the adopted budget for Fiscal Year 2023-24 and Fiscal Year 2024-25 for the remainder of the costs of the memorandum of understanding; and WHEREAS, costs for Fiscal Year 2025-26 will be incorporated into the next biennial budget; and
Attachment 1
Res. No. 23-XX 2
WHEREAS, City Council, after giving all public notices required by state law and the Concord Municipal Code, held a duly noticed public hearing on June 27, 2023, on this item and at such public hearing considered the staff report dated June 27, 2023, together with all other relevant oral and written information, testimony, and comment received, before deciding on this item.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF CONCORD DOES RESOLVE AS FOLLOWS:
Section 1. Determines that City Council action herein is exempt from California Environmental Quality Act (CEQA) review because none of the activities has the potential for resulting in either a direct physical change in the environment, or a reasonably foreseeable indirect physical change in the environment, the activities consist of continuing administrative or maintenance activities, creation of government funding mechanisms or other government fiscal activities, and/or organizational or administrative activities of government, which do not constitute a “project” within the meaning of Public Resources Code Section 21065, CEQA Guidelines Sections 105060(c)(2), 15060(c)(3), 15273, and/or 15378 (including subsections (b)(2), (4) and/or (5)), and the activities do not constitute discretionary approval of a specific project. If any activity were determined to be a “project” for CEQA analysis, such activity is either subject to a categorical exception set forth in CEQA Guidelines Section 15061(b)(2) or falls within the “Common Sense” CEQA exemption set forth in CEQA Guidelines Section 15061(b)(3). No unusual circumstances exist and none of the exceptions under CEQA Guidelines Section 15300.2 apply. This determination reflects the City of Concord’s independent judgment and analysis.
Section 2. Approves the attached successor memorandum of understanding between the City of Concord and Teamsters Local 856 for the period of July 1, 2023 through June 30, 2026.
Section 3. Approves budget appropriations of $396,600 for Fiscal Year 2023-24 and $112,500 for Fiscal Year 2024-25 to cover the costs of the implementation of the terms of the successor memorandum of understanding.
Section 4. Authorizes the City Manager to execute the successor memorandum of understanding on behalf of the City of Concord and to execute such documents and take such other
Res. No. 23-XX 3
steps as might be necessary or desirable to implement the memorandum of understanding.
Section 5. This resolution shall become effective immediately upon its passage and adoption.
PASSED AND ADOPTED by the City Council of the City of Concord on June 27, 2023, by the following vote:
AYES: Councilmembers -
NOES: Councilmembers -
ABSTAIN: Councilmembers -
ABSENT: Councilmembers -
I HEREBY CERTIFY that the foregoing Resolution No. 23-XX was duly and regularly adopted at a regular meeting of the City Council of the City of Concord on June 27, 2023.
Joelle Fockler, MMC
City Clerk
APPROVED AS TO FORM:
Susanne Meyer Brown
City Attorney
Exhibit A: Memorandum of Understanding between the City of Concord and Teamsters Local 856 for the period of July 1, 2023 through June 30, 2026
MEMORANDUM OF UNDERSTANDING
Between
The City of Concord, California
and
The Administrative, Technical & Clerical Representation Unit Public Employees’ Union, Teamsters Local 856, and
The Field & Operations Representation Unit
Public Employees’ Union, Teamsters Local 856
July 1, 2023 through June 30, 2026
Exhibit A to Attachment 1
i
Memorandum of Understanding between the
City of Concord ~ and ~ ATC and F&O
TABLE OF CONTENTS
GENERAL INTRODUCTION ........................................................................................................1
1. RECOGNITION.......................................................................................................................1
2. SCOPE OF THE MOU ............................................................................................................1
3. EMPLOYEE REPRESENTATION.........................................................................................2
3.1 Agency Shop/Dues Deduction .......................................................................................2
3.2 Representation by Employees........................................................................................2
3.3 Bulletin Board ................................................................................................................2
4. MANAGEMENT RIGHTS..................................................................................................... 2
5. NON-DISCRIMINATION...................................................................................................... 2
6. HOURS OF WORK.................................................................................................................3
6.1 General ...........................................................................................................................3
6.2 Breaks.............................................................................................................................3
6.3 Clean-up.........................................................................................................................4
6.4 Lunch Period ..................................................................................................................4
6.5 Variable Work Schedule ................................................................................................4
6.6 Overtime Meal................................................................................................................5
7. PAY..........................................................................................................................................5
7.1 Pay Ranges.....................................................................................................................5
7.2 Changes to the Pay Ranges........................................................................................... 5
7.3 Step Assignments and Advances within the Pay Ranges.............................................. 6
7.4 Pay for Higher Class Work ........................................................................................... 8
7.5 Standby Pay..................................................................................................................10
7.6 Special Salary Adjustments..........................................................................................12
7.7 Call Back......................................................................................................................12
7.8 POST Pay for Dispatchers.....................................................................................................12
7.9 SWAT Pay for Dispatchers...................................................................................................13
8. PERFORMANCE STANDARDS AND REPORTS .............................................................13
8.1 Review with Employee ................................................................................................13
8.2 Follow-up Reports........................................................................................................13
8.3 Protest of Ratings.........................................................................................................13
9. PAY PREMIUM ....................................................................................................................14
9.1 Overtime Pay................................................................................................................14
9.2 Compensatory Time .....................................................................................................14
9.3 Pay Differentials...........................................................................................................15