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9.4 Bilingual Pay................................................................................................................17
9.5 Night Differential......................................................................................................... 18
10. HOLIDAYS .......................................................................................................................... 18
11. VACATIONS.........................................................................................................................20
12. EMPLOYMENT, ADVANCEMENT & RETENTION........................................................22
12.1 Probation ......................................................................................................................22
12.2 Status of Employee.......................................................................................................22
12.3 Lay-off and Re-employment ........................................................................................26
12.4 Loss of Employment Status..........................................................................................31
13. CONTRACTING OUT..........................................................................................................31
14. LEAVES OF ABSENCE .......................................................................................................31
14.1 Sick Leave....................................................................................................................31
14.2 Bereavement Leave......................................................................................................34
15. AUTHORIZED LEAVE OF ABSENCE WITHOUT PAY................................................. 34
15.1 Personal Leave .............................................................................................................35
15.2 Authorized Leave of Absence Without Pay for Military Duty ....................................35
15.3 Authorized Leave of Absence Without Pay for Job Injury..........................................35
15.4 Family Care Leave ...................................................................................................... 35
15.5 Catastrophic Leave...................................................................................................... 35
15.6 Union Business (Release Time).................................................................................. 35
16. JURY DUTY......................................................................................................................... 35
17. DISCIPLINE ......................................................................................................................... 36
17.1 Cause of Disciplinary Action...................................................................................... 36
17.2 Extent of Disciplinary Actions.................................................................................... 37
17.3 Authority for Disciplinary Actions.............................................................................. 38
17.4 Notice to Employees ................................................................................................... 38
17.5 Employee Response .................................................................................................... 39
17.6 Order of Disciplinary Action....................................................................................... 39
17.7 Effective Date.............................................................................................................. 39
17.8 Right of Appeal........................................................................................................... 39
17.9 Employee Representative ............................................................................................ 39
17.10 Appeal Procedure .........................................................................................................40
17.11Waiver of Steps or Time Limits...................................................................................41
17.12 No Interruption of Work ..............................................................................................41
18. GRIEVANCE PROCEDURE................................................................................................42
18.1 Definition .....................................................................................................................42
18.2 Employee Representative .............................................................................................42
18.3 Class Actions................................................................................................................42
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18.4 Parties’ Intent ...............................................................................................................42
18.5 Procedure..................................................................................................................... 42
18.6 Waiver of Steps or Time Limits.................................................................................. 49
18.7 No Interruption of Work ............................................................................................. 43
19. COMPLAINT PROCEDURE............................................................................................... 44
20. SAFETY AND HEALTH ..................................................................................................... 46
20.1 Safety........................................................................................................................... 46
20.2 Wellness Program ....................................................................................................... 46
20.3 Fit For Duty .............................................................................................................................46
20.4 Stress Management ..................................................................................................... 46
21. BENEFIT PLANS................................................................................................................. 46
21.1 Group Medical Coverage ............................................................................................ 52
21.2 Dental .......................................................................................................................... 53
21.3 Long Term Disability.................................................................................................. 53
21.4 Life Insurance.............................................................................................................. 54
21.5 Retirement ................................................................................................................... 54
21.6 Deferred Compensation............................................................................................... 54
21.7 Employee Assistance................................................................................................... 55
21.8 Tuition Reimbursement............................................................................................... 55
22. UNIFORMS AND WORK CLOTHES ................................................................................ 56
22.1 Uniforms ..................................................................................................................... 56 Variations to Uniforms - Refer to Uniform Policy – Public Works Department (Attachment F). ........................................................................................................... 62
23. REIMBURSEMENT............................................................................................................. 58
23.1 Damaged or Lost Personal Property............................................................................ 58
23.2 Driver's License........................................................................................................... 60
23.3 Travel .......................................................................................................................... 60
24. PERSONNEL FILES ............................................................................................................ 61
25. POLICIES AND PROCEDURES......................................................................................... 62
26. OUTSIDE EMPLOYMENT................................................................................................. 62
27. LABOR RELATIONS FORUM........................................................................................... 63
28. ENTIRE AGREEMENT....................................................................................................... 63
29. SEVERABILITY .................................................................................................................. 63
30. REVISIONS, AMENDMENTS, EXTENSIONS ................................................................. 64
31. TERM OF AGREEMENT.................................................................................................... 64
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Memorandum of Understanding between the
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Appendix A Definitions 65
Attachment A Pay Table ATC and F&O 70
Attachment B Administrative, Technical, and Clerical Unit Pay Assignment 71 Of Classifications, Field & Operations Unit Pay Assignment of Classifications Attachment C Educational Brokers 73
Attachment D Clothing Modifications 74
Attachment E Retirement Awards Policy 76
Attachment F Uniform Policy Public Works Department 77
Attachment G Vacation Cash Out Election Form (Non-Revocable) 80 Attachment H New Employee Orientation and Membership 81 Attachment I GPS 83
Signatures 85
Memorandum of Understanding between the
City of Concord ~ and ~ ATC and F&O
General Introduction
This Memorandum of Understanding (“MOU”) is 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 Teamsters, Local 856 (hereafter referred to as “Teamsters,” “Union,” “Certified Employee Organization,”) representing the Administrative, Technical & Clerical Representation Unit and the Field & Operations Representation Unit (hereafter referred to as “Representation Unit,” or “Unit” as appropriate).
This Memorandum of Understanding entered into between the City and the Union, represents the results of meeting and conferring in good faith in accordance with Section 3500, et seq., 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 Union have ratified the terms and conditions in the MOU, and 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 Memorandum of Understanding are for convenience only and are not to be construed as modifying or governing the language in the Section referred to.
1. Recognition
The City recognizes Teamsters as the sole and exclusive employee representative for all employees in the Administrative, Technical & Clerical Representation Unit, and as the sole and exclusive employee representative for all employees in the Field & Operations Representation Unit, for the purpose of meeting and conferring in respect to rates of pay, wages, hours, and other terms and conditions of employment for the term of this MOU, pursuant to and in accordance with all applicable provisions of California Government Code 3500 through 3509, as amended, and Policy and Procedure No. 37.34.
As used in this MOU, the term(s) “Employee(s)”refers to full-time Competitive Service members of the Unit.
2. Scope of the MOU
This MOU applies to all full-time Competitive Service employees assigned to classifications included in the Administrative, Technical, and Clerical and the Field & Operations Representation Units, respectively, by the Personnel Board pursuant to Policy & Procedure No. 37.34, Section 4.
Memorandum of Understanding between the
City of Concord ~ and ~ ATC and F&O
3. Employee Representation
3.1 Dues Deduction
3.1.1 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.
3.1.2 The employee's earnings must be sufficient after other legal and required deductions are made to cover the amount of the dues. When an employee is in a nonpay status for an entire pay period, no deduction will be made to cover the pay period from future earnings. In the case of an employee who is in a non-pay, status during part of the pay period, and the salary is not sufficient to cover the full withholding, no deduction shall be made. In this circumstance, all other legal and required deductions (including health care deductions) have priority over Union dues.
3.1.3 New employee orientation and membership information is attached as Attachment H.
3.2 Representation by Employees
3.2.1 For purposes of meeting and conferring in good faith regarding wages, hours, and working conditions with the Union, the City will provide time off with pay to no more than three City employee members for each Representation Unit during their normal work hours. Meetings held outside of the employee's normal work hours shall be on the employee's own time.
3.2.2 For purposes of grievance 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 of the employee's normal work hours shall be on the employee's own time.
3.2.3 Additional employees called by either party may be present with pay during his/her normal work hours to serve as a resource person or as a witness for meetings described 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.
3.3 Bulletin Board
3.3.1 Any material to be posted by the Union shall be posted on a designated bulletin board provided by the City, in each department where bargaining unit members are assigned. The Union shall notify the Human Resources Director of any departments where no bulletin board exists and the Human Resources Director shall work with the department to address the lack of a bulletin board.
4. Management Rights
Except as otherwise noted in this Agreement, the City retains all rights of management.
5. Non-Discrimination
Neither the Union, the City, nor an employee shall discriminate in any way (including harassment) on any grounds prohibited by State or Federal law.
Memorandum of Understanding between the
City of Concord ~ and ~ ATC and F&O
6. Hours of Work
6.1 General
Eight (8) assigned hours within a calendar day shall constitute a day's work and five (5) days containing forty (40) assigned hours within a calendar week shall constitute a week's work, subject to the following provisions:
6.1.1 Daily hours of work (or shifts) for employees within departments shall be assigned by Department Heads as required to meet operational requirements of their departments.
6.1.2 Workdays and workweeks of a different number of hours may be authorized by the City Manager to meet the varying needs of the different City departments; such as five (5) eight (8) hour workdays, four (4) ten (10) hour workdays, a 9/80 work schedule, or a variable workweek schedule on behalf of certain employees.
Nothing contained in this Section shall preclude the application of the City's Policy & Procedure governing “Overtime” for any additional hours of work assigned to an employee over and above the regularly and routinely scheduled variable workweek schedule.
6.1.3 For purposes of this Section, Calendar Day means a continuous period starting at 12:01 a.m. and ending at midnight; Calendar Week means the period which begins at 12:01 a.m. Monday and ends the following Sunday at twelve midnight.
6.2 Breaks
There shall be provided one fifteen-minute relief break within each four-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. Anything consumed on the break is to be taken to the job by the employee and no time is authorized for the purchase or preparation of items in advance of the break time.
Breaks may not be taken in coffee shops, stores, or other non-job site locations unless specifically authorized by the supervisor. No time is authorized for clean up before breaks.
6.3 Clean-up
6.3.1 Administrative, Technical, and Clerical Representation Unit There shall be provided, if necessary, a five-minute personal clean-up time prior to meal period and at the end of the employee's workday.
6.3.2 Field & Operations Representation Unit
There shall be provided, if necessary, a five minute clean-up time prior to the meal period and, if necessary, ten minutes at the end of the workday, with the understanding that the time periods specified may be more or less depending upon circumstances.
Memorandum of Understanding between the
City of Concord ~ and ~ ATC and F&O
6.4 Lunch Period
Employees shall be provided a non-paid, duty-free lunch period of at least one halfhour. No additional travel time will be permitted for return to the yard or other locations for meal. No more than two (2) City vehicles may be at the same commercial eating establishment at any lunch or break time. The City will provide waterless soap and towels for those at work in the field. When employees are assigned to eat at the job site, such employees shall be paid for that half-hour lunch period.
6.5 Variable Work Schedule
A variable work schedule may be authorized for an individual employee or for a work unit within the department.
6.5.1 A request/approval for variable work schedule may either be initiated by a Department Head, an employee, or the supervisor.
6.5.2 The employee shall sign the form acknowledging he/she has read and understands the “Provisions that Apply to a Variable Work Schedule” Section of the form.
6.5.3 The variable work schedule shall not interfere with service to the public; shall meet the needs of the department; be to the advantage of the City; and, as much as possible, be complimentary to the schedule of other departments. If the variable work schedule involves an entire work unit, it shall be preferably supported by a majority of the employees affected.
6.5.4 The employee's supervisor and Department Head may recommend approval to the City Manager, or return the request to the originator indicating that the schedule is not recommended.
6.5.5 All existing personnel policies, rules, and regulations shall continue to apply. If any conflict or problem results from the variable schedule, the existing policies, rules, and regulations shall prevail.
6.5.6 Authorization for a variable work schedule is at the sole discretion of the Department Head and/or the City Manager and, if approved, may be rescinded at any time by either the Department Head or City Manager. The decision by the Department Head and/or the City Manager to authorize or deny a variable work schedule or to rescind as previously approved shall be final. Decisions to deny or change a variable work schedule shall be discussed with the employee(s) concerned upon request by the Union.
6.5.7 Labor Management Forum meetings shall regularly include discussion of alternate or variable work schedules as an agenda item with the intent to identify workable and mutually beneficial 4/10 and 9/80 work schedules.
6.6 Overtime Meal
An overtime meal shall be provided to maintenance field employees assigned to work under the following conditions:
6.6.1 The employee is assigned on an emergency basis to work in excess of two hours immediately before or immediately following the end of the normal
Memorandum of Understanding between the
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workday or the employee is assigned to work over four hours on a Callback status.
6.6.2 Under the above conditions, maintenance field employees are to be provided a thirty (30) minute paid overtime meal break with travel time permitted to go to the nearest restaurant designated by the City for emergency overtime meals and where arrangements have been made in advance for payment of such meal bills.
6.6.3 Eligible employees are authorized one overtime meal, not to exceed $12.50 (plus tax and reasonable tip) per overtime meal break.
6.6.4 Those employees on standby duty shall not be provided a meal at City expense except for conditions stated in Section 6.6.1 above.
Scheduled overtime work is to be treated as a regular workday except for the payment of the overtime premium, and no overtime meal will be furnished by the City.
7. Pay
7.1 Pay Ranges
A schedule of pay grades with pay rates and ranges, six salary steps enumerated 1, 2, 3, 4, 5, and 6, and hourly rate equivalents (based on 173.333 hours per month) has been established by resolution adopted by the Council. The classes covered by this MOU have been assigned by Council resolution to appropriate pay grades. The pay rate, pay range and salary steps for each pay grade establishes the basic compensation for each class assigned to each pay grade. The classes are listed alphabetically by class title in a salary schedule indicating pay range, salary steps, or other rates of pay, and the assigned overtime group for each class as designated by the Council.
7.2 Changes to the Pay Ranges
Effective the first full pay period after Council approval of this MOU or the first full pay period of July 2023, whichever is later, all bargaining unit members shall receive a 5% wage increase and 2% market adjustment, as well as a $1,000 non-pensionable lump sum payment.
Effective the first full pay period after July 1, 2024, all bargaining unit members shall receive a 4% wage increase.
Effective the first full pay period after July 1, 2025, all bargaining unit members shall receive a 4% wage increase and 1% market adjustment.
7.2.1 Attached as Attachments A and B to this MOU are listings of the classes currently falling within the scope of this MOU, with the assigned pay grade, pay rate, pay range, and salary steps. Any class that is placed in a salary rate higher than its assigned Pay Grade shall carry the appropriate pay grade designation accompanied by a job code, 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. Any classifications changed or added during the term of this agreement shall be attached to this MOU.
Memorandum of Understanding between the
City of Concord ~ and ~ ATC and F&O
7.2.2 Pay Range Change on Anniversary Date. In the event that a pay range change becomes effective on an employee's anniversary date, the employee shall first receive any within-range adjustment to which entitled at the current step and then receive the corresponding step adjustment, if applicable.
7.2.3 Pay Range Change on Date of Promotion. In the event that a pay range change becomes effective on the date an employee is promoted to a higher class, the employee shall first receive any corresponding step adjustment to which entitled in the lower class, and then the next higher step pursuant to the promotional adjustment process as provided in Section 7.3.7.
7.3 Step Assignments and Advances within the Pay Ranges 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 the following general plan.
7.3.1 Step 1.
Step “1” shall normally be paid upon initial employment. When a pay range exists for a class and it appears that the education and previous training or experience of a proposed employee are substantially superior to those required of the class and justify a beginning salary in excess of such minimum compensation, upon recommendation of the appointing authority and the Human Resources Director, the City Manager may authorize an appointment to a position at any higher salary step in the pay range. The City Manager's decision in this matter shall not be subject to the complaint or grievance procedure.
7.3.2 Step 2.
An eligible employee hired at Step “1” shall be considered for advancement to Step “2” thirteen (13) biweekly pay periods (approximately six months) following date of hire; with the effective date adjusted to the beginning date of the closest pay period at that time. If employed at other than Step “1” then consideration for advancement to the next salary step will take place twenty-six (26) bi-weekly pay periods (approximately one year) following the date of hire with the effective date adjusted to the beginning of the closest pay period at that time.
7.3.3 Advancement Beyond Step 2.
Consideration for each subsequent step advancement shall be after twenty-six (26) biweekly pay periods (approximately one year) following the last step advancement.
If early advancement is authorized, under Section 7.6, it shall coincide with the beginning of a pay period. This Section applies to those who are re-employed or reinstated at a step greater than Step “1”.
7.3.4 Re-Employment.
Upon re-employment, the employee will be placed at the same step in the pay range that they held prior to layoff. If the re-employment is made based on the reallocation of a position to a classification having a lower maximum salary than that of the classification the employee held previously, then the employee, upon reemployment will be placed into the pay range of the lower classification at the rate
Memorandum of Understanding between the
City of Concord ~ and ~ ATC and F&O
closest to the base rate of pay that they held prior to layoff. Future step adjustments (if applicable) follow the process identified in 7.3.1-7.3.3.
7.3.5 Rehire.
Upon the rehire of a former employee into the same class as the employee occupied prior to separation, such a person shall receive the same salary step in the pay range for the class as was received prior to separation. If rehired into a related lower class, credit shall be given for prior service in determining the salary step for employment in the lower class. If rehired into a higher class than previously occupied, the rules regarding pay upon promotion shall apply. The anniversary date for such a person shall be established based upon the date of such rehire.
7.3.6 Reinstatement.
Upon the reinstatement of an employee, the employee shall receive not more than the same salary step in the pay range the employee previously received prior to termination or non-disciplinary demotion and a new anniversary date for the employee shall be established based upon the date of such reinstatement.
7.3.7 Promotion.
Employees who are promoted shall be entitled to receive the rate of compensation in the entrance step of the pay range for the class to which the employee has been promoted. Where the pay range of the old position overlaps the pay range of the new position, the employee shall be placed at such step in the pay range of the higher class as to provide an increase in basic salary of at least five percent (5%) but no more than ten percent (10%) or the highest salary step in the authorized pay range for the higher class, whichever is lower.
7.3.8 Demotions.
In the case of the demotion of any employee in the City service to a class with a lower maximum salary, such employee shall be assigned to a salary step in the lower pay range which is:
7.3.8.1 For a disciplinary demotion, any designated step in the lower pay range which is at least one (1) step less than the dollar amount received in the pay range for the class from which demoted. A new anniversary date shall be established as of the effective date of demotion.
7.3.8.2 For a non-disciplinary demotion, that salary step in the pay range for the lower class which the employee would have received had the employee's service in the class from which demoted been continuous in said lower class. The employee's previous anniversary date shall be retained.
7.3.9 Classification Reviews.
When a position is reclassified from one existing class to another existing or new class with the same maximum salary, the salary and the anniversary date of the incumbent shall not change. If a position is reclassified to a class which has a higher maximum salary, the salary shall be adjusted in accordance with the promotional guidelines described above. If a position is reclassified to a class with a lower pay
Memorandum of Understanding between the
City of Concord ~ and ~ ATC and F&O
range, the salary of the incumbent shall not change. If such salary is greater than the maximum salary of the lower class, said salary may be designated a “Y” rate as provided in Section 7.3.14 below.
7.3.10 Transfers.
In the case of the transfer of any employee from one position to another in the same class or to another class in the same pay range, the employee shall remain at the same salary step and shall retain the same anniversary date.
7.3.11 Calculation of Anniversary Dates.
Anniversary dates shall be established as of the effective date of employment.
Anniversary dates shall change upon step advancement, promotion, or reinstatement in the City service or as the effective date of a special salary adjustment as provided in Section 7.6. Anniversary dates of those re-employed shall be adjusted to credit City service since the most recent salary step advancement, but the employee shall not be credited for the period of separation from City employment.
7.3.12 Step Advancement Not Automatic.
No advance in salary steps shall be automatic upon completion of the periods of service outlined above.
7.3.12.1 All increases shall be made on the basis of merit as established by the employee's work performance and after written recommendation of the appointing authority and approval by the Human Resources Director and the City Manager. Step advancements may be withheld in cases of inferior work, performance, lack of application, or indifferent attitude.
7.3.13 Same Relative Step.
Where a pay range for a given class is revised upward or downward, the incumbents of positions in classes affected shall have their existing salary adjusted to the same relative step in the new pay range (Step 2 to Step 2, Step 3 to Step 3, etc.) and their anniversary date shall not be changed.
7.3.14 Retention of Salary and “Y” Rates.
When a pay range is adjusted downward, incumbents may, on approval of the Council, retain their same dollar amount of salary within the lower pay range, or if their present rate exceeds the maximum of the lower range, may continue to receive the same dollar amount and said amount shall be designated a “Y” rate. Any such “Y” rate shall be indicated by a capital “Y” following the salary each time it appears on personnel records or transactions. Said “Y” rate shall be canceled on vacancy of the position or at such time when the pay range meets or exceed the “Y” rated pay rate.
7.4 Pay for Higher Class Work
Employees performing assigned short-term work above their normal classification will be compensated fairly as follows:
Memorandum of Understanding between the
City of Concord ~ and ~ ATC and F&O
7.4.1 Temporary Assignment to a Vacant Position.
When an employee is assigned to work for a limited time (not to exceed 960 hours in a fiscal year) to a vacant regular or appointive position in a higher classification, pending the completion of the normal selection process to fill the position, the employee shall be temporarily promoted, given a Provisional Appointment, and paid according to existing established rules in accordance with provisions of Section
7.4.4 below.
7.4.2 Replacement of an Absent Employee.
When an employee is continuously absent from work due to vacation, compensatory time off, sick leave, extended leave of absence, the employee's position shall be considered temporarily vacant after the fifteenth (15th) workday. For purposes of calculating “workdays” under this provision, the day the City observes a holiday is not considered a “workday”. In such cases, the position may then be filled on the sixteenth (16th) workday for a limited time as provided by Section 7.4.1 above, to replace an employee continuing to be absent beyond fifteen (15) workdays. In compelling cases when an absent employee must be replaced due to unanticipated or prolonged absence, the Department Head may, with the City Manager's approval and within existing budget limitations of that department, declare the absent employee's position temporarily vacant prior to the 15 workday limitation and assign and pay a replacement following provisions of Section 7.4.1 above and Section 7.4.4 below.
If approval is granted for pay for work in a higher classification and the assignment is terminated and later re-approved for the same employee within thirty (30) calendar days, no additional waiting period will be required.
7.4.3 Special Assignments.
When an employee is relieved of duties in his or her normal classification and for a limited time assigned to a higher classification to work on a special project or relieve an extra heavy workload, the employee shall be temporarily promoted and paid according to existing established rules in accordance with provisions of Section
7.4.4 below.
7.4.4 General Conditions
7.4.4.1 The employee is assigned to the higher classification for a full workday (8 consecutive work hours in the same day or shift assignment, or 10 consecutive work hours if the employee is on a 4/10 workweek).
7.4.4.2 The employee is assigned to a program, service or activity established by the City Council which is reflected in an authorized position which has been classified and assigned to the Salary Schedule.
7.4.4.3 The nature of the departmental assignment is such that the employee in the lower classification becomes fully responsible for the duties of the position of the higher classification and the employee is assigned, assumes, and performs all the duties and responsibilities of the position in the higher classification.
Memorandum of Understanding between the
City of Concord ~ and ~ ATC and F&O
7.4.4.4 Pay for work in a higher classification shall not be utilized as a substitute for the regular promotional procedures.
7.4.4.5 Higher pay assignments shall not exceed six (6) months except through reauthorization or as limited by law.
7.4.4.6 During the period of work in a higher classification, an employee will retain the right to return to the position and status in the employee’s regular lower classification, and anniversary and salary review dates will be determined in accordance with the existing Personnel Rules.
7.4.4.7 Allowable overtime pay will be paid on the basis of the rate of pay for the higher class.
7.4.4.8 Nothing in this provision shall prohibit the training of an employee in work of a more advanced nature without additional compensation, as long as full duties are not assumed.
7.4.4.9 Nothing in this provision is intended to exceed budgeted funds or increase the number of authorized full-time regular or appointive employees actively at work as authorized by the City Council for the fiscal year.
7.4.4.10 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.
7.5 Standby Pay
Standby Duty is a program recommended by the Department Head and approved by the City Manager and is defined as an assignment to remain available for telephone contact and ready to respond to trouble calls relating to City work during a stated offwork period. The following provisions apply to Standby Duty.
7.5.1 Employees in Public Works assigned to Standby duty on Saturdays, Sundays, or observed holidays shall be paid Sixty Dollars ($60.00) for each day so assigned. Such Standby duty shall be for a continuous 24-hour period starting at the time the employee is regularly scheduled to report to work during the work week or the time designated when assigned to Standby duty.
7.5.2 Employees in Public Works assigned to Standby duty on weekday nights shall be paid Forty Dollars ($40.00) for each night assigned to such duty. A night of such duty shall start at the close of the employee’s regular workday and lasts until the time the employee is normally scheduled to report for work on a regular workday.
7.5.3 Any employee working in the Police Department who is assigned to Standby duty shall receive Forty Dollars ($40.00) for each night they are assigned to standby duty.
7.5.4 No Standby duty or pay shall be considered as overtime except as required by the Fair Labor Standards Act, nor credited as time worked for computing
Memorandum of Understanding between the
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overtime eligibility, long term disability, life insurance, or retirement benefits.
7.5.5 While on Standby duty, if the employee is required to report to work to inspect, trouble shoot, or perform work related to the City's computer operations, the provisions for Call Back pay under Section 7.7 shall apply. Pay for such overtime work performed shall be in addition to Standby pay.
7.5.6 The appropriate Department or Division Head will determine and maintain a list of those employees deemed qualified to perform Standby duty. The Standby list shall not include non-bargaining unit employees.
7.5.7 Copies of the Standby lists shall be forwarded to the Police Communications Center for the Police Dispatcher to use in the event of computer operations trouble during non-working hours. One copy shall be transmitted to the Finance Department. Each Standby duty list shall include for each date the individual's name, address, phone number and commencement and termination times for the duty. It shall be the responsibility of the standby employee to carry or have ready access to the mobile communication device and to notify the Police Dispatcher of an alternate phone number in the event the mobile communication device is not operational.
7.5.8 Whenever possible, the Standby duty lists shall be made up of qualified employees volunteering for such duty. The selection of employees for Standby duty shall be for stated intervals and on a rotational basis to provide nearly equitable distribution of such duty. The sewer maintenance Standby list will be prepared by a Maintenance Services Manager, detailing one employee to Standby duty during the non-working hours specified. The traffic signal maintenance Standby duty list will be prepared by the supervising Transportation Engineer, detailing one employee to Standby duty during the non-working hours specified.
In the absence of names on a list of those requesting such assignment, management may assign qualified persons to Standby duty. The employee retains the right to grieve Standby duty under the City's grievance procedure of Section
18. Nothing in this section precludes the City from assigning additional staff to Stand-by status if operational conditions dictate.
7.5.9 An employee who is unavailable or who does not respond to a Standby duty call shall not qualify for Standby pay for the entire Standby period except where the employee has given the assigning supervisor advanced notice of an illness or compelling emergency.
7.5.10 City of Concord policies, procedures and personnel rules are in effect during Standby duty. Violations may result in disciplinary action at the Department Head level.
7.5.11 For Field & Operations Unit employees actually performing Standby duty, the City may provide a mobile communication device, at the discretion of management.
7.5.12 A City vehicle shall be provided to Field & Operations Unit employees while on Standby duty.
7.5.13 Employees who are assigned to be available shall be required to:
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Be ready to respond in a reasonable time (defined generally as within the timeframe expected for the employee's normal commute time plus 15 minutes for prep time).
Be readily available and capable to perform all duties at all hours by telephone or other communications devices and respond to work in uniform.
7.6 Special Salary Adjustments
The City Manager, upon recommendation of the appointing authority and the Director of Human Resources, may authorize a pay increase to an employee to correct gross inequities or to reward outstanding achievement and performance.
Any such increase will be effective at the beginning of the pay period following authorization. No increase can be authorized above the top step for the applicable pay range. The City Manager’s decision shall not be subject to the complaint or grievance procedures.
7.7 Call Back
Employees called back to work after the conclusion of their regular workday or called into work on their scheduled day off, including scheduled off observed holidays, shall be paid a minimum of two (2) hours of overtime or receive compensatory time off. Court Appearances related to an employee’s official duties are also subject to the same minimum compensation.
Call Back includes (1) an employee’s return to work upon the City’s request after the conclusion of the employee’s normal work shift, provided that more than one hour has elapsed between the end of the normal work shift and the subsequent requested reporting time; (2) employees called into work on their regular scheduled day off, including scheduled off observed holidays. Call Back does not include scheduled requests that an employee report to work prior to the commencement of the employee’s regular work shift.
7.7.1 When a court appearance, which has been scheduled to occur on the employee’s time off, is cancelled and less than six (6) hours’ notice of the cancellation is given, the employee shall be paid two (2) hours of overtime.
Personal contact or a message left on the employee’s department voice mail is considered adequate notice.
7.8 POST Pay for Dispatchers
City agrees to pay $48.08 per pay period ($1,250 per year) to up to five dispatchers who have obtained a Dispatcher Advanced POST Certificate.
Effective July 1, 2025, City agrees to pay $48.08 per pay period ($1,250 per year) to up to seven dispatchers who have obtained a Dispatcher Advanced POST Certificate.
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)(2) – Educational Incentive.
Memorandum of Understanding between the
City of Concord ~ and ~ ATC and F&O
7.9 SWAT Pay for Dispatchers
City agrees to pay 2% of base salary per hour to dispatchers who obtain SWAT certification while assigned to and on active status as SWAT team members.
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)(2) – Educational Incentive.
8. Performance Standards and Reports
8.1 Review with Employee
It is acknowledged that the prime benefit of a sound performance rating system is that it brings together the employee and the supervisor for a frank and constructive discussion and appraisal of the employee's work with specific suggestions for improvement. Therefore, it is expected that a performance report will be prepared by the employee's immediate supervisor at least annually which shall be thoroughly discussed with the employee. The employee shall sign the report to acknowledge such discussion of its contents. Such signature shall not necessarily mean the employee agrees with the contents of said report. A copy of the performance report shall be given to the employee.
Any employee who receives an overall “Unacceptable” or “Needs Improvement” rating will not be considered for any merit or length of service step advancement until an overall “Achieves Requirements” rating is established. Where an employee receives an overall rating of “Unacceptable” on two consecutive occasions, disciplinary action may be taken by the appointing authority as provided in Section
17. 8.2 Follow-up Reports
Follow-up reports concerning the performance of any employee who has received an “Unacceptable” or “Needs Improvement” rating shall be prepared at threemonth intervals. If, in the opinion of the appointing authority, the employee improves to the extent that the restoration of any merit step advancement previously withheld under provisions of Section 8.1 is justified, the appointing authority shall so recommend to the City Manager. Upon approval of the City Manager, such restoration shall be made and shall be effective on beginning date of a subsequent pay period as specified in the recommendation of the appointing authority.
8.3 Protest of Ratings
In any case, of protest to a report of performance, the provisions of the Grievance Procedure as provided by Section 18 shall apply.
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9. Pay Premium
9.1 Overtime Pay
9.1.1 Authorized work in excess of eight (8) hours per day and forty (40) hours per workweek shall be considered overtime. The only exception to these provisions is the authorized variable workweek described in Section 9.1.2.
9.1.2 Variable Workweek. An exception to the hours per day and hours per week in the above Section 9.1.1 is made for those employees who are working under an authorized variable workweek. When a variable workweek has been authorized, hours worked in excess of regularly scheduled time (including authorized paid leave time) are to be paid at the appropriate overtime rate for the class only for those hours that exceed eighty (80) in a pay period.
9.1.3 Secondary Classifications. An employee occupying a position in the Competitive Service, may also be appointed to a secondary classification within the Limited Service. Work performed in both the primary and secondary classifications shall be considered in computing overtime.
9.1.4 Unexcused or Unpaid Absence. If time is lost during the employee's regular workweek for unexcused or unpaid absence, then the hours of lost time will not be counted for overtime calculation purposes.
9.1.5 Holiday. Unworked observed holidays shall be considered, for payroll purposes, as eight (8) hours worked during that workweek when reporting time and computing overtime.
9.1.6 Each classification within the City's classification plan covered by this MOU shall be assigned to Overtime Group A. Employees in this group 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 of their straight time rate of pay for the amount of overtime worked.
9.1.7 The Police Department shall post planned overtime in the Police Records Bureau in a conspicuous location that is accessible to all employees who work in the Police Records Bureau (email is acceptable). Overtime shall be first offered to staff assigned to the Police Records Bureau, before being offered to other classifications within the bargaining unit or any other unit.
9.2 Compensatory Time
9.2.1 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.
9.2.2 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:
9.2.2.1 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.
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9.2.2.2 Payment of the cash in lieu of Comp Time off shall be made no later than the last payday occurring in the following month.
9.2.2.3 Payment of cash in lieu of time off shall not exceed the employee's Comp Time balance on hand at the time of payment.
9.2.3 Payment for accumulated Comp Time shall be included in the employee’s final paycheck.
9.3 Pay Differentials
9.3.1 Differential Pay for Lead Equipment Mechanic. Although the Equipment Mechanic and Lead Equipment Mechanic classes are assigned to the same Pay Grade, a pay differential of five percent (5%) shall be added to the base salary of an employee assigned to the class of Lead Equipment Mechanic.
9.3.2 Differential Pay for Operating Heavy Trucks and Equipment.
Employees assigned to operate, for one hour or more, the equipment normally operated within the classes of Heavy Equipment Operator I, Heavy Equipment Operator II, Gang Mower Operator, or Sweeper Operator, shall be paid a differential as follows:
9.3.2.1 If the employee has been examined, found to be qualified, and placed on an employment list for the applicable higher class, the employee shall receive a rate of pay for the entry step of the higher class or, if the pay ranges overlap, the rate of pay within the higher class for the step which will provide a minimum increase of 5%, but no more than 10% above the employee’s current rate. When this pay differential applies, a Personnel Action Form (Form PER-36) must be completed in advance showing the class code, appropriate step in existing salary range, and that the employee has been qualified/certified to be compensated at this level.
9.3.2.2 If the employee has not been examined, determined to be qualified, and has not been certified, the employees shall be paid a differential of 5%.
9.3.3 High Climbing Differential. A High Climbing Pay Differential of approximately 10% of the base hourly rate shall be paid to an employee assigned to climb poles or trees, using ropes, belts, and other safety rigging to a height of 25 feet or more above the ground or other stable footing for the purpose of trimming trees or performing other high work according to the following provisions:
9.3.3.1 An employee who is properly designated as a trainee shall receive the High Climbing Pay Differential indicated above for four (4) hours per day for a specified period of training.
9.3.3.2 Other employees, who are incidentally assigned to climb poles or trees or do high climbing, using ropes, belts, and other safety rigging to trim trees or perform other high work, shall receive the 10% High Climbing Pay Differential for the time that the employee is assigned to perform such work.
9.3.3.3 The High Climbing Differential Pay does not apply to trimming or pruning trees from the ground, or from the height of a non-extension ladder.
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9.3.3.4 Work performed while occupying the bucket of the Hi-Ranger or equivalent type of mechanical lift equipment shall not qualify for High Climbing Differential pay.
9.3.4 Differential Pay for Maintenance Worker I & Maintenance Worker II.
Except as otherwise provided in the agreement, work out of class shall be in accordance with the following:
Maintenance Worker I and Maintenance Worker II who perform any of the following:
Lead a crew of two or more for an eight hour shift;
Operate the following heavy equipment: backhoe, bobcat, gang mower, grader, compacting roller; street sweeper and asphalt zipper;
Work on a special project or provide relief for an extra heavy workload for a period of time not to exceed one pay period;
Be assigned to the role of Lead Operator to operate the City’s CCTV A differential of 5% of the base hourly rate will be paid for only the actual hours performing the duties. All assignments will be in writing and approved by the Public Works Director on a form designated specifically for Pay Differentials. Approval for differential pay assignments is granted by the Public Works Director or designee for a period up to two weeks. Any assignment exceeding that time period will require approval of the City Manager.
9.3.5 The pay differentials specified in Sections 9.3.2, 9.3.3, and 9.3.4 shall apply only for actual hours worked in such differential entitled assignment and shall not be paid for non-work time, including holidays, vacation, or other paid leave. The pay differential shall be in addition to, and not included in, the employee's base pay, nor shall it be considered in determining benefits under City programs including, but not limited to, life insurance, long-term disability, or retirement programs, and shall not be used in calculating overtime.
9.3.6 Differential Pay for Communications Training Officer (CTO) for Qualified Dispatcher II and Lead Dispatchers
Given the increased complexity and significant requirements necessary for effective training of Dispatcher trainees, the City of Concord will provide a CTO pay differential equal to 5% of base pay for qualified Dispatcher II and Lead Dispatchers for the hours in which they are engaged in providing formal training as established by the P.O.S.T. CTO training program.
To be qualified for the training differential, an employee within those classifications must:
1. Have successfully completed relevant P.O.S.T.
requirements including completion of the P.O.S.T. CTO
Training Course; and
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2. Receive specific pre-authorization and assignment by Police Management as a CTO for a set period of time; and
3. Code to the CTO Training Differential solely those hours worked providing training to other Dispatchers within the formal training process in the capacity of CTO.
Two pay codes will be established; one for Day Shift and one for Evening Shift. This Training Differential will be reported to CalPERS as training pay, however any hours worked on overtime are excluded from CalPERS reported "compensation earnable" as per California Government Code Section 20635. The CTO Training Differential does not apply to hours in which formal training did not occur, or hours otherwise not worked, including holidays, vacation, compensatory time off, and sick leave.
Nothing in this section is intended to impact the expectation that all Dispatcher II and Lead Dispatchers shall provide general training support, mentoring and guidance to Dispatcher trainees, as specified in the existing job specifications for those classes. Rather, the Training Differential is for hours spent in providing training within the established formal P.O.S.T.
CTO training program.
9.3.7 Latent Fingerprint Examiner Certification Pay. The City will pay a premium of $120 per month to employees who are assigned to lift and analyze latent fingerprints and who have received the Latent Print Examiner Certification from the International Association for Identification.
9.3.8 The parties agree that to the extent permitted by law, the City shall report these pay differentials to CalPERS as special compensation under 2 CCR, Sections 571(a)(4) and 571.1(b)(3) as Special Assignment Pays.
9.4 Bilingual Pay
The City will pay $150 per month bilingual premium to designated employees who have been certified as fluent in a language that meets the City’s operational needs and who are routinely and consistently assigned to positions requiring communication skills in languages other than English.
9.5 The parties agree that to the extent permitted by law, the City shall report this pay to CalPERS as special compensation under 2 CCR, Sections 571(a)(4) and 571.1(b)(3) as Bilingual Premium.Shift Differentials
A night shift is defined as regularly scheduled work hours in which one-half or more of the scheduled hours for that shift occur between the hours of 4:00 p.m. and 8:00 a.m. Employees assigned to work a night shift will receive a premium of $2 per hour above base salary.
A graveyard shift is defined as regularly scheduled work hours in which more than onehalf of the scheduled hours for that shift occur between the hours of 9 p.m. and 7 a.m Employees assigned to work a graveyard shift will receive a premium of $2.50 per hour above base salary.
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9.5.1 Shift differential shall be paid to employees who are assigned to perform work on a regularly scheduled night/graveyard shift, subject to the following:
9.5.1.1 The night/graveyard shift premium shall not be paid for any work performed by regular day shift employees unless they are rescheduled to perform work on a night/graveyard shift in lieu of their usual day schedule.
9.5.1.2 The night/graveyard shift premium does not apply for extra hours worked in cases where a shift is extended by additional hours worked either before or after the employee's normal shift. In such cases, overtime compensation will apply.
9.5.1.3 The night /graveyard shift premium shall be payable only for hours actually worked and shall not be paid for non-work time, such as holidays, sick leave, vacation, or other paid leave.
9.5.1.4 Employees assigned to the Recreational & Special Events Program Coordinator classification are not eligible for a night/graveyard shift premium.
9.5.1.5 The amount of the night/graveyard shift premium pay shall not be used in determining the employee’s benefit under the City’s life insurance or long- term disability programs and shall not be used in calculating overtime.
9.5.1.6 The parties agree that to the extent permitted by law, the City shall report this pay as special compensation 2 CCR, Sections 571(a)(4) and 571.1(b)(3) - Shift Differential.
10. Holidays
10.1 The following shall be observed as holidays for eligible full-time employees of the City:
Holiday Observed
New Year's Day January lst
Martin Luther King, Jr. Day The third Monday in January Washington's Birthday The third Monday in February
Memorial Day The last Monday in May
Independence Day July 4th
Labor Day The first Monday in September
Veteran's Day November 11th
Thanksgiving Day As proclaimed by the President
The Day Following Thanksgiving
Christmas Eve December 24th
Christmas Day December 25th
Every day appointed by the Mayor for a public fast, thanksgiving, or holiday.
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10.2 Holidays that fall on a Saturday shall be observed on the preceding Friday; holidays that fall on a Sunday shall be observed on the following Monday.
10.3 Employees in pay status on the day the City observes the holiday shall receive a holiday allowance equal to the straight-time daily equivalent of eight (8) hours base pay and be off work on the day the holiday is observed.
10.4 When a holiday falls on an employee’s regularly assigned day off, the employee shall accrue compensatory time off of eight hours for the holiday or paid the straight- time equivalent of eight (8) hours base pay, at the discretion of the Department Head, after giving due consideration to the wishes of the employee.
10.5 When an employee performs regularly and routinely scheduled work on a holiday, the employee shall accrue compensatory time off of eight hours or paid the equivalent of eight (8) hours base pay for the holiday, at the discretion of the Department Head, and shall be paid at the rate of the time and one-half (1.5) times the base hourly rate of pay for such work.
10.6 An employee who performs work on a holiday, which is not regularly and routinely scheduled, shall be paid the straight-time equivalent of eight (8) hours base pay for the holiday and shall be paid at the rate of time and one-half (1.5) for the actual hours worked. However, a minimum of two (2) hours overtime pay or compensatory time off shall be granted to an employee who works less than two hours.
10.7 Police Department employees may be designated by the Chief of Police to work all holidays which fall on their normal work schedule. If the employee is so designated, for purposes of this section only, holidays are the actual date of the recognized holiday and not the day these holidays are observed by the City.
10.8 All eligible employees shall be granted the same number of holidays per year.
10.9 Employees on authorized or unauthorized leaves of absence without pay shall not be paid for the holiday. An employee who is regularly and routinely scheduled to work the holiday, but does not work due to unexcused absence, shall not receive the holiday allowance.
10.10 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.
10.11 Certain non-sworn positions may be designated as Emergency Service Personnel. Emergency Service Personnel are required to work all holidays that fall on their normal work schedule. The following positions fall under this category:
Field Operations Division:
Community Services Officer – Jail............................................... 5 positions Community Services Officer – Community Service Desk........... 4 positions
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Support Services Division:
Lead Dispatcher – Communications............................................. 3 positions Dispatcher I and II – Communications......................................... 14 positions Police Records Clerk III – Records Bureau.................................. 5 positions NOTE: The Police Chief retains the authority to modify which personnel are designated as Emergency Service Personnel, as based on operational needs.
11. Vacations
11.1 Vacation accrual shall be at the rates indicated below. The appropriate accrual for vacation shall be credited at the end of each full biweekly pay period during which an employee receives 56 hours straight-time pay. No vacation credit shall accrue to an eligible employee who receives less than 56 hours straight-time pay for the biweekly pay period. Such straight-time pay may consist of pay for regular hours worked; or pay for approved vacation, sick leave, or compensatory time off; holiday observed by the City, jury duty; or pay for Military Leave. Overtime hours worked, or any authorized leave of absence with pay other than those identified above shall not apply toward the accrual of vacation.
Accrual Rates
During the 1st year 10 days 3.077 hours per pay period
During the 2nd year 12 days 3.692 hours per pay period
During the 3rd - 7th year 15 days 4.615 hours per pay period During the 8th - 9th year 16 days 4.923 hours per pay period During the 10th - 12th year 17 days 5.231 hours per pay period During the 13th - 14th year 19 days 5.846 hours per pay period During the 15th - 19th year 21 days 6.462 hours per pay period During the 20th year & thereafter 22 days 6.769 hours per pay period
11.2 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,
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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.
11.3 Any change in vacation accrual rate shall be effective at the beginning of the pay period that coincides with or follows the completion of the qualifying years of employment.
11.4 The maximum vacation balance available for an employee at any one time shall be two times the amount of the employee’s current vacation accrual rate. 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.
11.5 No vacation accrual shall be permitted in excess of the amounts indicated above.
11.6 Vacation Usage
11.6.1 When possible, vacation should be taken within the year following the accrual year and must be requested in advance.
11.6.2 All scheduling of vacations is to be approved by the Department Head (or such person's designated representative) giving due consideration to the wishes of the employee and the work requirements of the City.
11.6.3 Vacation may not be taken beyond that amount accrued. The authorization by the Department Head for vacation does not constitute authorization of paid vacation beyond the balance on hand at the time such vacation is taken.
11.6.4 Employees shall not be charged vacation usage for paid holidays occurring during the vacation period. For all employees, including those on a variable workweek, the holiday is equal to eight hours.
11.6.5 Vacation may be used for any authorized absence (except disciplinary suspension) when no other paid leave resource is available.
11.7 Accrual Rate Upon Re-employment, Reinstatement, or Rehire. An employee shall retain the same vacation accrual rate in existence at the time of termination upon appointment from a Re-employment List; reinstatement into the Competitive Service; or rehire within one year of termination. When a rehire is more than one year from the date of termination, the vacation accrual rate shall be the same as applied to a new employee.
11.8 Cash Payment in Lieu of Vacation Time off. For the purposes of reducing excess vacation accrual, employees may elect to receive compensation (“cash-out”), annually, for a maximum of 40 hours of accrued vacation each year, so long as 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 last payday occurring in April following submission of the irrevocable election form (See Attachment G). No exceptions will be made to this policy. If the nonPage 32 of 200 Memorandum of Understanding between the
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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.
11.8.1 Vacation Pay Upon Termination. The equivalent cash value of the unused vacation balance as of the last workday shall be included on the employee's final paycheck; except that in cases of retirement from City service, the City Manager may approve the utilization of available vacation time to extend the date of retirement.
11.8.2. Upon the death of an employee, payment of any unused vacation balance shall be made to that person designated by the employee on the
DESIGNATION OF PERSON TO RECEIVE WARRANTS OR CHECKS UPON DEATH OF EMPLOYEE (Form No. PER 57) or to the estate.
12. Employment, Advancement & Retention
12.1 Probation
Any person appointed or promoted to a regular position, except appointments to Police Dispatcher and Lead Dispatcher, shall be placed on probation for a period of six (6) months. The probationary period for appointments to Police Dispatcher and Lead Dispatcher shall be for one (1) year. With the approval of the Human Resources Director, and upon written notice to the probationer, the probationary period may be extended for up to six (6) months for those on a six-month probation period and for up to one (1) year for any appointments to the Police Dispatcher and Lead Dispatcher classes. For purposes of this section, the term “appointment,” with reference to the Lead Dispatcher, does not include promotions to that position. In the case of promotion to Lead Dispatcher, the probation period is six months, subject to extension. The probationary period shall be considered a part of the examination and selection process and shall not include the time served under any limited service or provisional appointment, but shall date from the time of appointment to a regular position after certification. Leaves of absence or assignments out of the class totaling more than thirty (30) calendar days, for any reason, shall not be counted toward completion of the probationary period. During the probationary period, the employee may be rejected by the appointing authority at any time without right of appeal or hearing. Section 2.40.160, of the Municipal Code shall apply to any employee who is rejected during a probation period from a position to which the employee was promoted. Note that the Chief of Police will continue to work with representatives of the Police Dispatchers to identify and implement effective dispatcher training.
12.2 Status of Employee
12.2.1 In the Competitive Service Status. An employee appointed to a regular position in the Competitive Service shall earn permanent status in a class only if the employee has successfully completed the designated probationary period after having been granted a Probationary Appointment through either the reallocation or reclassification process; through flexible position advancement; or by selection from an appropriate employment list. Once the employee gains status in a class, that status is retained as long as the employee holds a position in that class. The
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following sections clarify, rather than restrict, the effect various personnel transactions may have on the permanent status of employees.
12.2.2 Status of Employee Following Promotion. The appointment of any employee to a position in a class which has a higher maximum salary than the employee's present position constitutes a promotion. Any employee having permanent status in the City service shall be eligible to compete on a promotional basis in the promotional examinations provided such employee meets the requirements of the class for which the examination is to be held. If an employee, who is on a promotional employment list, resigns from the City service or is dismissed for cause, the employee’s name shall automatically be dropped from such list.
An appointment to a position in the Competitive Service shall be made from an employment list established for the class with the higher maximum salary. If no appropriate employment list exists, then a provisional appointment may be made.
The pay for an employee following promotion shall be as provided in Section 7.2.7 and 7.3.7 of this MOU.
An employee, who has been promoted and successfully completes the designated Probationary Appointment, gains permanent status in the new class and gives up permanent status in the former class. An employee who does not successfully complete the Probationary Appointment period may return to the position and status held prior to promotion, unless the reason for rejecting the employee during the probationary period from a position to which promoted would have been sufficient to cause dismissal from the former position as well, in which case, the employee shall be entitled to appeal the dismissal as provided by Section 2.40.160 of the Municipal Code.
12.2.3 Status of Employee Following Demotion. An employee may request demotion, or may be demoted as a result of reduction in force, for disciplinary reasons, or for other cause. In all cases, the appointing authority(ies) concerned shall approve the demotion and notify the employee in writing. The pay of an employee following demotion shall be as provided in Section 7 of this MOU.
If the demotion involves an employee with permanent status in the Competitive Service, then the demoted employee shall assume permanent status in the class to which demoted and give up permanent status in the class from which demoted only if the Human Resources Director finds that the employee meets the qualifications of the class to which demoted. If the employee does not have permanent status in the higher class or in a class comparable to the class to which demoted, then the employee shall be placed on a Provisional Appointment or Probationary Appointment from the appropriate employment list for the class.
12.2.4 Status of Incumbents in Reclassified Positions. Whenever reclassification occurs, an employee occupying the position may be retained in the position after it has been reclassified without further competitive examination, provided that upon investigation the Department Head concerned and the Human Resources Director find that the reclassification results from an official recognition of a change in duties and responsibilities which has already occurred; the addition of duties and responsibilities (justifying allocation to a different classification) was not
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the result of planned management action; the performance of the duties and responsibilities of the incumbent has been satisfactory; the incumbent possesses the knowledge, skills, and abilities of the qualifications of the different class; and the incumbent has permanent status in the class to which the position was formerly allocated.
12.2.5 Status of Employee Following Transfer. A transfer of a permanent employee from a position in one class to a position in another class having related duties and responsibilities, and the same maximum salary, shall be made only upon certification of the Human Resources Director that the employee possesses the qualifications for employment in the new class. In such case, no further competitive examination is required and the employee shall assume permanent status in the class to which assigned. However, an employee currently serving a probationary period shall not be transferred to a position in another class for which an employment list exists unless ordered by the Council. In such case, the employee shall start a new probationary period effective on the date of the transfer.
12.2.5.1 General. An employee may be transferred by the appointing authority from one position to another position in the same class; or, with the approval of the Human Resources Director, to a comparable class at the same salary level. If such transfer involves a change from the jurisdiction of one appointing authority to that of another, both must consent thereto before the action shall be considered effective, except if the Council shall order the transfer, such consent shall not be required.
Whenever possible, an employee being considered for transfer shall be notified within a reasonable period in advance of the effective date of such contemplated transfer and the employee’s wishes with respect to this action shall be taken into account to the extent practicable, consistent with the interest of efficient operations of the departments concerned. The pay of an employee following transfer shall be as provided in Section 7.3.10 of this MOU.
Vacant positions which require City Manager authorization to be filled will be advertised by the posting of a notice of vacancy for five (5) City business days before any recruitment for such vacancy.
12.2.5.2 Police Department. The intent of this procedure is to establish an orderly method of administering personnel transfers for fulltime, non-sworn personnel within the Police Department and to transfer the employee who best meets the requirements of a position.
12.2.5.2.1 Application. Notification of vacancies shall be advertised throughout the Department. The
advertisement shall include any special provision and/or requirements pertinent to the assignment and a closing date for receipt of transfer requests.
Persons interested in applying for a vacant position shall submit a request through the normal chain of command to the commanding officer of the Administrative Services Division.
The request for transfer shall include the employee's name,
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present assignment, length of time in present assignment, length of service with the department, unit requested, and an outline of any qualifications, experience, training or
education which the employee believes is relevant to the position.
Supervisors shall submit a written request for an interested subordinate who is on authorized leave at the time of the transfer consideration.
Supervising officers receiving requests for transfer shall attach a recommendation for or against such a transfer with a supporting explanation, and forward all such requests through the chain of command to the commander of the
Administrative Services Division.
12.2.5.2.2 Selection. The division commander of the
selecting division may create a panel to interview candidates.
The interview should consider, but not be limited to,
inquiries requiring motivation of the employee, experience, prior performance or preparation for the assignment. The employee shall be notified of the time and date of the
interview by a member of the panel.
There will be no compensation to an employee for time
spent in the interview if the employee is off duty.
Failure of the employee to attend the interview without good cause shall be deemed to be a withdrawal of interest in the position.
Upon conclusion of all interviews, the division commander of the involved division shall submit a recommendation for filling the anticipated or existing vacancy to the Chief of Police.
The Chief of Police shall make the final assignment and has the authority to assign anyone regardless of the
recommendation of the division commander.
Once a position is filled, all applications for the position will become void.
12.2.6 Status of Employee Upon Resignation. Employees who resign give up permanent status and employment rights, except as otherwise provided by the Personnel Rules, the Personnel Ordinance, or other Policy & Procedures or Administrative Directives or other provisions of this MOU dealing with personnel matters. Employees are expected to provide reasonable notice (usually two weeks) of their intent to resign and to be physically present and actively at work up through their date of termination.
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12.2.7 Retention of Status. No person having status, who, in addition to regular duties, is given additional or new duties by an appointing authority, shall by reasons thereof lose permanent status in the class which the employee held prior to the assignment of such additional or new duties.
12.2.8 Status of Employee While on Authorized Leave of Absence Without Pay. Authorized leave of absence without pay shall not be construed as a break in service, and rights accrued at the time the leave is granted shall be retained by the employee. However, vacation credits, sick leave credits, holidays, health benefits, and retirement benefits, increases in salary and other similar benefits shall not accrue to a person granted such leave during the period of absence, unless required by law. An employee returning after an authorized leave of absence without pay shall retain the same status and shall be placed at the same salary step in the pay range currently in effect for the class as the employee received when the leave commenced. Time spent on such leave without pay shall not count toward service for increases within the pay range, and the employee's salary anniversary date shall be set forward a period of time equal to the employee's total absence as adjusted to the beginning of the closest pay period.
12.3 Lay-off and Re-employment
12.3.1 Intent of Procedures. Public interest may require elimination or curtailment of a public service activity which may require the layoff of one (1) or more employee.
12.3.2 Layoff List Preparation Procedure. When a Competitive Service position within a classification is abolished, as provided in Section 2.40.100 of the Concord Municipal Code, the following general procedure shall be followed:
12.3.2.1 Limited service employees, in a classification covered in the Administrative, Technical & Clerical or Field & Operations bargaining units represented by Teamsters Local 856, will be released before an employee in the same classification with provisional, probationary or permanent status.
12.3.2.2 The Human Resources Director shall first prepare a Layoff List of all those Competitive Service employees (including those who are on Leave of Absence Without Pay) and vacancies within the classification in which a reduction in the number of positions is to occur.
12.3.2.3 If the number of positions that would remain in the classification is less than the number of current incumbents, employees shall be listed according to their current status within one of the following categories. Employees listed in Category A shall have the highest retention rights, and persons in Category C shall have the lowest.
Category Employee Status
A Permanent Appointment in the Competitive Service
B Probationary Appointment in the Competitive Service
C Provisional Appointment in the Competitive Service
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12.3.2.4 Within the above status categories, employees shall be listed in descending order beginning with the person who has the most continuous service with the City in the classification for which the list is prepared combined with continuous service with the City in classifications the maximum salary range, grade, or flat rate of which is equal to or higher than the classification for which the list is prepared.
Calculations of continuous service for purposes of layoff shall include:
12.3.2.4.1 Time in the same classification under its
present title or prior to its re-titling without a change in salary,
12.3.2.4.2 Time in a higher classification prior to
reclassification to one with a lower maximum salary,
12.3.2.4.3 Time in another classification which has
the same maximum salary,
12.3.2.4.4 Any paid leave of absence for which the
City issued a payroll check,
12.3.2.4.5 Any AUTHORIZED LEAVE OF ABSENCE
WITHOUT PAY for 30 or less calendar days, and
12.3.2.4.6 Any AUTHORIZED LEAVE OF ABSENCE
WITHOUT PAY for 365 or less calendar days due to
Military Leave, illness, injury, pregnancy, or post-delivery care of child.
12.3.2.5 Calculations of continuous service for any class for purposes of layoff shall not include:
12.3.2.5.1 An employee's time in a previous
classification the salary of which has a lower maximum, and
12.3.2.5.2 Any periods of AUTHORIZED LEAVES OF
ABSENCE WITHOUT PAY for periods which exceed those
specified in Sections 12.3.2.4.5 and 12.3.2.4.6 above.
12.3.2.6 Tie Breakers. If employees have identical periods of service within the same status category of the class, the following criteria shall be used in the order listed to determine which employee would be listed higher on the list:
12.3.2.6.1 Total continuous Competitive Service
and Exempt Service time,
12.3.2.6.2 Total continuous service including
Competitive Service, Exempt Service, and elapsed
Limited Service time, or
12.3.2.6.3 The lowest last four digits of the
employee's Social Security number.
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12.3.2.7 Employees Subject to Layoff. The employee(s) listed at the bottom of the lists in the lowest status categories in which names appear shall be subject to lay off from that classification.
12.3.3 Displacement (Retreat) List Preparation Procedure. In the event that the employee, who has been found to be subject to layoff, held permanent status in or was employed in another class during the employee’s period of continuous City service, the Human Resources Director shall prepare another Layoff List for that other class. Such list shall be prepared using the same methods for calculating service time and breaking ties described above.
This Displacement Procedure shall be followed in succession for as many times and classifications as necessary to identify the employee who is subject to layoff.
12.3.4 Displacement (Retreat) Paths. An employee, who is subject to layoff and who chooses to exercise retreat rights, exercises those rights in reverse sequence of appointments held in the Competitive Service during his or her period of continuous service, except that no employee shall have the right to retreat to a classification which currently has a higher maximum salary than the employee’s present classification. Further, if a classification to which the employee has retreat rights has been abolished or is inactive (contains no authorized positions), the employee may retreat to the next existing active classification in the Competitive Service in which he or she held a permanent appointment and the employee will be credited with the amount of service time the employee had in the terminated or inactive classification.
12.3.4.1 If a Competitive Service position is eliminated and the employee subject to layoff previously held an appointment to a full-time position in the Exempt Service, that employee would not have displacement (retreat) rights into the Exempt Service, but only would have displacement rights to a position in a Competitive Service classification if the employee held permanent status in that class prior to the Exempt Service appointment. The calculation of that person's service time would include the time spent in the Exempt Service appointment if the maximum salary of the Exempt Service classification is equal to or higher than that of the Competitive Service class to which the employee is retreating.
12.3.4.2 If an Exempt Service position is eliminated, and the incumbent had held permanent status in the Competitive Service prior to accepting a position in the Exempt Service, the incumbent would have displacement (retreat) rights to the previously held Competitive Service classification if it is to a classification that has a maximum salary that is equal to or lower than the employee's present classification.
12.3.4.3 Any person qualifying under the Displacement Procedure above shall be deemed to have held an appointment to the Clerical Trainee, Technical Trainee, or any new entry-level classification within the employee's occupational field established after January 1, 1979, provided the person meets the qualifications of that classification. In case of dispute the Personnel Board shall determine occupational field or
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qualifications of an incumbent.
12.3.5 Demotion or Transfer in Lieu of Layoff. An employee subject to layoff under provisions of this Section may request demotion or transfer to a vacant position in any classification for which the Human Resources Director deems the employee qualified. In such cases, the provisions of Section 12.2.3 and
Section 12.2.5.1 of this MOU shall apply as applicable. Qualified demotions or transfers to vacant positions will have priority over other applicants for vacant positions.
12.3.6 Official Notice of Layoff. Official Notice of Layoff shall be issued by the City Manager and shall:
12.3.6.1 Specify the date on which an employee is due to be laid off, such date to be a minimum of 10 working days following the date the notice is issued.
12.3.6.2 Cite the employee's right to re-employment, if any, and indicate the date on which the right expires.
12.3.6.3 Advise the employee of any available layoff assistance and referral services provided by the City.
12.3.6.4 Advise the employee that requests for paid time off to participate in employment interviews with other employers will be considered by the employee’s supervisor, subject to the needs of the service.
12.3.6.5 Advise the employee of displacement rights, if any, including the department, classification, and salary rate to which the employee would be assigned if the right is exercised.
12.3.6.6 Specify the date and time by which the Human Resources Director must receive the employee’s written response exercising or declining to exercise rights under the displacement procedure, such date not to exceed five (5) working days following the date the official Notice of Layoff is issued.
12.3.6.7 Advise the employee that, lacking a clear response from the employee within five (5) working days, the employee will be designated for layoff, and that any rights under the displacement procedure shall be deemed to have been forfeited.
12.3.7 Re-employment Lists
12.3.7.1 Eligibility For Placement. A Re-employment List for any class shall consist of the names of employees who have permanent status in that class and who either have been laid off after issuance of an official Notice of Layoff, or, in lieu of layoff, have been demoted, transferred, or have resigned from a position in the same class prior to the effective date of their layoff.
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employment List in reverse order of the designated date of layoff. That is, the employee who was most recently laid off, or who demoted, transferred, or resigned in lieu of layoff, shall be placed highest on the list. Employees whose positions have been reclassified to a class having a lower maximum salary, but who have not been demoted for cause, shall have their names placed on the Re-employment List in order of their service in the class from which their position was reclassified.
12.3.7.3 Duration. Names shall remain on a Re-employment List for no more than two (2) years from the date of layoff; demotion, transfer, or resignation in lieu of layoff; or the reclassification of the position to a class having a lower maximum salary.
12.3.7.4 Certification. As provided in Personnel Rules Section
8.9, Re- employment Lists shall be given priority in Certifications to fill positions, subject only to the following provisions:
12.3.7.4.1 If an incumbent is reclassified with findings that an examination is required and an employment list is created from an examination that includes the incumbent, the appointing authority shall consider only the incumbent from that list and those on the Re-employment List for
appointment. Individuals on the Re- employment List shall have equal, but no greater, consideration than the
incumbent. If the employment list does not include the
incumbent, the appointing authority shall consider only those on the Re-employment List.
12.3.7.4.2 No Re-employment, Reinstatement, Open,
or Promotional Employment List shall be certified as a
result of the reclassification of an incumbent with status.
12.3.7.4.3 If a Re-employment list exists for the class, the highest name on such list shall be certified when a vacancy is to be filled. If more than one vacancy is to be filled, then one more of the highest names shall be certified for each vacancy. In the event that employees on the Reemployment list have the same designated date of layoff, ties shall be broken using the tie breaker criteria specified in Sections 15.251 through 15.253 of the Personnel Rules. The principles governing availability of eligible employees and the removal of names from Re-employment lists shall be as provided in Sections 8.6 through 8.76 of the Personnel
Rules.
12.3.7.5 Restoration of Names of Laid off Employees to
Employment Lists. The names of probationary employees who are laid off, or demoted in lieu of layoff, shall be restored to the same eligibility block on the employment list from which the original appointment was made.
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12.3.8 Actions Upon Re-employment When an employee is selected from a Re- employment List, the employee shall:
12.3.8.1 Resume permanent status in that class and no further probationary period for that classification shall be required;
12.3.8.2 Be placed at the same salary step in effect on the date of separation from employment per Section 7.3.4 of this MOU.
12.3.8.3 Resume accrual of vacation at the accrual rate for applicable years of service in effect on the date of separation from employment, and
12.3.8.4 Have the sick leave balance restored to the number of hours available on the date of separation from employment.
12.4 Loss of Employment Status
Unauthorized Absence - Automatic Termination. Any employee absent for more than five (5) working days without prior permission of the appointing authority may be considered to have automatically terminated employment with the City. Such termination shall be final and without right of appeal or hearing unless said employee furnishes reasons satisfactory to the appointing authority for not having obtained prior permission.
13. Contracting Out
The City will agree to meet and confer with the Union when an employee is adversely affected by a City decision to contract out work normally performed by such employee.
14. Leaves of Absence
14.1 Sick Leave
Employees will accrue sick leave the rate of 3.692 hours credited at the end of each full bi-weekly pay period during which such an employee receives at least 56 hours of straight-time pay. No sick leave credit shall accrue to an employee who receives less than 56 hours straight-time pay for the bi-weekly pay period. Such straighttime pay may consist of pay for regular hours worked, pay for approved vacation, sick leave, compensatory time off, an observed holiday, jury duty, and/or City pay for military leave. Overtime hours worked and/or any authorized leave of absence without pay shall not apply toward the accrual of sick leave. Sick leave may be accumulated without limit.
14.1.1 Sick leave shall be available to employees as it accrues at the end of each pay period following date of eligible employment.
14.1.2 One-fourth (1/4) of an employee’s unused sick leave, up to a maximum of 200 hours, may be converted to pay upon retirement, or upon termination if eligible for retirement.
14.1.3 Sick leave applies to absences during pregnancy that are caused by either illness due to pregnancy or the attending physician’s order that the employee cease work. If the employee is ordered to cease work, the employee shall be allowed to use any available sick leave, vacation, or compensatory time, and authorized
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leave of absence without pay for the period commencing with cessation of work to the date released to return to work by the attending physician. The use of additional vacation or compensatory time off to extend the period of paid leave is at the discretion of the appointing authority in accordance with the provisions of the Family Medical Leave Policy, Policy & Procedure No. 77. An extension of authorized leave of absence without pay shall be in accordance with Section 16 of the Personnel Rules.
14.1.4 Use of Sick Leave. An eligible employee can only be granted sick leave with pay upon recommendation of the appointing authority for the following and/or for any reason permitted by law:
14.1.4.1 In the case of a bona fide illness of the employee.
14.1.4.2 In the event of the serious illness or death of a member of the employee's immediate family including a designated person, subject to the limitations identified below.
For purposes of this section, immediate family is defined as the employee's spouse, registered domestic partner, parent, parent-in-law, sibling, child (including legally adopted child), grandparent, grandparent-in-law, or any or either of them; grandchild, 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 the employee requests the leave).
14.1.4.3 In the event 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.
14.1.5 Augmentation of Temporary Disability Indemnity. When a City employee is receiving temporary disability indemnity under applicable Workers' Compensation provisions of the State Labor Code, the City shall augment that indemnity to provide the employee with the equivalent of full salary payment during the first 60 days of disability. The waiting period for short term disability insurance shall be 30 days. The waiting period for long term disability insurance shall be 90 days. Employees on disability will be allowed to convert vacation or compensatory time leave to pay for health insurance to the extent allowed by law.
14.1.6 Limitations
14.1.6.1 Not more than eighty (80) work hours of sick leave within any calendar year may be granted to an employee to care or attend to the members of the employee's immediate family.
14.1.6.2 Sick leave shall not be used in lieu of or in addition to vacation.
14.1.6.3 If an employee is on sick leave on the day the City observes a holiday, that day shall not be counted as a day of sick leave.
14.1.6.4 If an employee's request for use of sick leave would otherwise
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be approved, but there is no sick leave balance available for use, then the absence shall be charged to whatever vacation or compensatory time balance the employee may have. If there are no such balances available, then the time off shall be recorded as authorized leave of absence without pay.
14.1.6.5 If the employee's request for use of sick leave does not qualify under these provisions for sick leave, then the absence may be charged by the employee's supervisor or the appointing authority to whatever vacation or compensatory time balance the employee may have. If there are no such balances available, then the time off may be recorded as either “Authorized Leave of Absence Without Pay” or “Unauthorized Leave of Absence Without Pay”.
14.1.6.6 Misuse of sick leave may be cause for disciplinary action, including possible discharge.
14.1.6.7 Lack of proper notification or lack of evidence of illness or injury, or due to limitations set forth in Section 14.1.6, may be cause for denial of the use of sick leave.
14.1.6.8 The employee's supervisor, appointing authority, or the Human Resources Director may require the employee to provide a physician's certificate, or other similar evidence, to support the reason for an absence for which sick leave was requested.
14.1.6.9 The employee's supervisor, appointing authority, or the Human Resources Director may require an employee, who is absent from work for a period of seven (7) consecutive calendar days due to illness or accident, to submit to a physical examination at City expense before return to active duty.
14.1.7 Termination of Service. An employee who is terminated, except when eligible for retirement or when caused by layoff for lack of work or funds, shall forfeit all sick leave accrued at the time of termination. Forfeited sick leave shall not be reinstated upon re-employment with the City. Employees who retire or who are eligible for retirement upon termination, will be paid for one-fourth (1/4) of their unused sick leave balance not to exceed 200 hours.
14.1.8 Proper Notification. Each employee shall provide, or make a reasonably diligent effort to provide, notice of absence to the immediate supervisor or the supervisor's office (or to such person clearly designated by the immediate supervisor) within the first hour of the employee's work shift on the initial workday that sick leave is being requested. The appointing authority, however, may establish an earlier notification time that is to be observed by the employee.
14.1.9 Health Examination. Time off for medical examinations required for duty assignment licensing may be charged to any of the accumulated leave balances including sick leave. The costs charged for such medical examinations shall be paid by the City if not provided by the health plan coverage elected by the employee. Any medical examination required and paid for by the City shall remain confidential, except the employee will be entitled to a copy of all test results and
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conclusions upon request.
14.2 Bereavement Leave
An employee will be entitled to a maximum of (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.
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 an employee, the H.R. Director may extend the use period to a total of up to six months on a case-by-case basis for good cause. An example of good cause would be the pandemic related delays in burials, funerals and cremations.
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 a written verification of death, burial, or memorial services from a mortuary, funeral home, burial society, crematorium, religious institution, or governmental agency.
15. Authorized Leave of Absence Without Pay
15.1 Personal Leave
An employee shall not be entitled to a leave of absence as a matter of right, but upon request may be granted a leave of absence without pay upon good and sufficient reason. The granting or denial of such leave shall not be subject to the grievance or complaint procedure.
15.1.1 Authorization for Personal Leave of Absence Without Pay. An employee's request for leave of absence without pay may be granted by the appointing authority for a period of up to five (5) working days. Upon recommendation of the appointing authority and the Director of Human Resources, requests for leaves of absence without pay for periods greater than five (5) days, but for no more than two (2) years, may be granted by the City Manager.
An employee must use all accrued paid leave prior to being placed on authorized leave without pay. The denial by the City Manager of an unpaid leave of absence request may be appealed to the Personnel Board.
15.1.2 Early Return from Authorized Leave of Absence Without Pay. An employee may request permission from the appointing authority to return from an authorized leave of absence prior to the expiration of such leave. Such a request may be granted at the discretion of the appointment authority.
15.1.3 Failure to Return from Authorized Leave of Absence Without Pay.
Failure of an employee to return to employment upon the termination of any authorized leave of absence shall constitute a separation from service of that employee, unless such leave is extended by the appropriate authority as specified in Section 15.1.1.
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15.2 Authorized Leave of Absence Without Pay for Military Duty Nothing herein shall limit or prevent the City Manager (or designee) from granting a leave of absence without pay for an indefinite period of time to any employee who is called into active military service. Such a leave of absence may be granted by the City Manager or designee to an employee who volunteers or enlists for active military service. Leave of absence without pay shall be automatically terminated for those who voluntarily extend or accept extension of their military service period.
15.2.1 Return from Authorized Leave of Absence Without Pay for Military Duty. Not withstanding provision of Section 16.7 of the Personnel Rules, the applicable sections of the California Military and Veteran's Code shall apply in determining benefits for those employees returning from an authorized leave of absence without pay for military duty.
15.3 Authorized Leave of Absence Without Pay for Job Injury The City Manager (or designee) may grant a leave of absence without pay for an indefinite period of time to any employee who is disabled by job injury or illness.
After engaging with an employee in the interactive process, such leave may be terminated by the City Manager when he/she determines to his/her satisfaction that the employee is permanently disabled and unable to perform the duties of the class.
15.4 Family Care Leave
Family care leave shall be as mandated by State and federal law, provided that the specific family care leave provisions of this agreement shall not be reduced during the term of this Memorandum of Understanding.
15.5 Catastrophic Leave
A voluntary employee leave donation program has been established as provided in the Catastrophic Leave Policy.
15.6 Union Business (Release Time)
The Union may designate, within each Fiscal Year, two employees from each Representation Unit who will be granted by their Department Head(s) up to three workdays Authorized Leave Without Pay to participate in Union training seminars or scheduled conferences. If the demands of the service will not permit the absence of the employee(s) for the date(s) indicated, the Department Head shall have the discretion to deny the request and to advise the Union to designate an alternate whose absence would not seriously disrupt City operations.
16. Jury Duty
The City of Concord will provide Jury Duty leave with pay for those employees called or selected to serve for Court Jury Duty according to the following provisions:
16.1 An employee called for Jury Duty shall immediately notify the immediate supervisor and the Department Head by providing the Jury Summons indicating the date, time, and place.
16.2 An employee serving on Jury Duty may remain in a regular pay status and turn over to the City Jury Duty fees received (other than a mileage or transportation
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allowance), or an employee may take vacation leave, compensatory leave, or leave without pay and retain all Jury Duty fees and allowances.
16.3 Employees remaining in regular pay status shall immediately pay to the City's Finance Department, through their Department Head, the full amounts received for Jury Duty fees.
16.4 An employee called for Jury Duty shall report for work each day before Jury Duty begins if there is a reasonable amount of time. On workdays when Jury Duty is completed early, the employee shall return to the job and work the remainder of the normal shift if there is a reasonable amount of time.
16.5 The employee shall submit a Certificate of Jury Service to the Payroll office upon returning to work.
17. Discipline
17.1 Cause of Disciplinary Action
Disciplinary measures may be taken for any good and sufficient cause. Cause for disciplinary action shall include:
17.1.1 Fraud in securing appointment or falsification concerning records, fellow employees, or work performed.
17.1.2 Incompetency or inefficiency.
17.1.3 Inexcusable neglect of duty.
17.1.4 Insubordination.
17.1.5 Willful disobedience.
17.1.6 Endangering self or others, or failure to follow adopted safety practices, or failure to properly use required personal protective gear or equipment.
17.1.7 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.
17.1.8 Illegal use of narcotics or drugs or use to the detriment of work performance.
17.1.9 Dishonesty or immorality.
17.1.10 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.
17.1.11 Unauthorized absence without leave.
17.1.12 Discourteous or non-cooperative treatment of the public or other employees.
17.1.13 Misuse of or misappropriation of City property or funds.
17.1.14 Improper political activity as defined in Section 2.40.180 of the Municipal Code.
17.1.15 Failure to abide by any condition of employment stipulated in the
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Personnel Ordinance; Personnel Rules, any personnel Policy & Procedure, Administrative Directive or Memorandum of Understanding used in the establishment and maintenance of the City's personnel program; or by formal action of the Council or Board.
17.1.16 Failure to meet financial obligations to the extent that this leads to repeated attachment or garnishment of wages.
17.1.17 Acceptance of gifts or gratuities for favors or services performed during the course of City employment or due to City employment.
17.1.18 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.
17.1.19 Any other acts or omissions which are incompatible with or unfavorable to the public service.
17.1.20 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 professionals as well as the ATC/F&O units. That condition has been fulfilled.
17.2 Extent of Disciplinary Actions
The extent of the disciplinary action taken shall be commensurate with the offense, provided that the prior employment history of the employee may also be considered pertinent. The disciplinary actions that may be taken are written reprimand, suspension without pay, reduction in step within range, demotion without consent, dismissal, or any appropriate combination of these.
17.2.1 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
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discipline appeal process; however, they may be considered as pertinent evidence or information in any hearing resulting from any subsequent official action taken.
17.2.2 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 records 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.
17.2.3 Suspension without pay shall be a temporary separation from City service not to exceed thirty (30) consecutive days.
17.2.4 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.
17.2.5 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 Section 7.3.8.1. 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.
17.2.6 Dismissal means the termination of an employee from the City service.
17.3 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.
17.4 Notice to Employees
Before taking any of the disciplinary actions specified in Section 17.2 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, with a copy sent to the Union, a “Notice of Intent to Take Disciplinary Action”. Such notice shall contain:
17.4.1 A statement describing the proposed disciplinary action.
17.4.2 A reference to the rule or standard violated.
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17.4.3 A summary of the facts, including acts or omissions, which substantiate that the rule or standard was violated.
17.4.4 A statement that the employee may review and request copies of materials upon which the proposed disciplinary action is based.
17.4.5 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.
17.4.6 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.
17.5 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.
17.6 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.
17.7 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.
17.8 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 18.
17.9 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
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case, the employee concerned shall be personally present at all stages unless that employee specifically waives the right in writing.
17.10 Appeal Procedure
The following procedure shall be used in the appeal process:
17.10.1 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.
17.10.2 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.
17.10.3 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.
17.10.4 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.
17.10.5 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.
17.10.6 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.
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The cost of arbitration, including the incidental expenses of the hearing shall be borne equally by the parties.
17.10.7 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.
17.10.7.1 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:
17.10.7.1.1There is not evidence to justify the
disciplinary action taken.
17.10.7.1.2A violation or omission of procedure for
disciplinary action was made, which violation or
omission resulted in prejudice to the employee.
17.10.7.1.3The action taken resulted from political,
religious, or racial bias or prejudice.
17.10.7.1.4The action taken was unreasonable,
capricious, or arbitrary in view of the offense, the
circumstances surrounding the offense, and the past
record of the employee.
17.10.7.2 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 17.7 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).
17.11 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.
17.12 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
17.9.
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18. Grievance Procedure
18.1 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.
18.2 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.
18.3 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.
18.4 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.
18.5 Procedure
18.5.1 First Step. The employee or employees concerned shall first make efforts to resolve such grievance with their immediate supervisor concerned. The grievance shall be submitted to the supervisor within thirty (30) calendar days following the occurrence of the events on which the grievance is based.
18.5.2 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
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involved.
18.5.3 Third Step. If the grievance has not been resolved in the second step, the employee, within seven (7) working days after receiving the department's written reply, shall forward the written grievance to the City Manager or the City Manager's designated representative, who will review the facts and issues and make such further investigation as is necessary and will reach a conclusion at the earliest date consistent with the nature of the investigation and with normal conduct of the City's business. Upon reaching such conclusion, but in any event within ten (10) working days of the receipt of the grievance statement, the City Manager or the City Manager's designated representative shall reply in writing to the employee setting forth the City's decision.
18.5.4 Fourth Step. Within seven (7) working days after receiving the City Manager’s written decision, the employee may submit the grievance for consideration by either, but not both, the Personnel Board or an arbitrator, subject, in each grievance submitted to arbitration, to the execution of “An Agreement for Arbitration” signed by the employee, the employee's representative (if any), and the City Manager.
18.5.5 Personnel Board. In considering an employee grievance, the Personnel Board shall hear and investigate the grievance and shall make findings and a decision. The decision of the Personnel Board will have the effect of a judgment.
18.5.6 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.
18.5.7 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.
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18.6 Waiver of Steps or Time Limits
Notwithstanding any provision in this section, any time limit or stage of procedure specified in this Section may be waived upon consent of all parties involved.
18.7 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 18.2.
19. Complaint Procedure
The following procedure applies to disputes over working conditions where such disputes are not subject to the grievance procedure as specified in Section 18 herein. The employee may be represented by the Union at any step of the procedure.
19.1 The employee shall first attempt to resolve the matter with the employee’s immediate supervisor.
19.2 If the dispute is not resolved, the employee may request that the matter be referred to the Department Head.
19.3 If the employee and the Department Head cannot resolve the dispute, the employee may send a written complaint to the City Manager stating the nature of the complaint and the remedy sought. The City Manager, or designee, shall meet with the parties to the dispute and attempt to resolve it. If the parties cannot agree to a resolution, the City Manager or designee shall render a final decision.
20. Safety and Health
20.1 Safety
20.1.1 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.
20.1.2 Safety Glasses. Subject to the following provisions, the City will provide a pair of glasses that conforms to Federal standards as “safety glasses” upon request of the employee or if the employee's supervisor or applicable regulation requires the wearing of such glasses.
20.1.2.1 The City shall provide one pair of safety glasses including safety frame and lenses. If the employee normally wears corrective lenses, the appropriate eye prescription will be at the employee’s expense; the City will pay for grinding the lenses to the specifications prescribed by the employee's eye doctor.
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20.1.2.2 To obtain safety glasses, employee shall first contact the Human Resources Department to secure the necessary order form.
20.1.2.3 The employee will be responsible for appropriate fitting and verification of correctly ground lenses upon receipt of the safety glasses. If not suitable, the employee shall promptly notify the Human Resources Department.
20.1.2.4 One pair of safety glasses will be repaired or replaced if the prescription changes, or if the glasses are broken or damaged, provided that the defective glasses are returned to the Human Resources Department. One pair means more than one replacement as long as the replacement intervals are reasonable for normal breakage or damage, or changes in the prescription that occur on a normal basis. It is not the intent of the agreement to provide a new pair of glasses annually without a change in prescription.
20.1.2.5 Replacement of lost glasses will be at employee expense, unless the employee's supervisor otherwise recommends, based on evidence that the loss occurred during the performance of work for reasons other than employee carelessness or negligence. Non-glare safety glasses shall be provided to VDT users if the Safety Committee so recommends.
20.1.2.6 Employees not participating in the Safety Glasses Program will have the option of receiving an equal contribution towards the purchase of frames and lenses through a designated vendor as authorized by the Director of the Human Resources Department. Employees may purchase non-safety frames and lenses through a vendor of their choice, however the City’s contribution for reimbursement will be equal to that of the designated vendor used for the Safety Glasses Program. Non-safety Glasses may only be replaced upon furnishing proof of a change in prescription; no more than one pair per year to be replaced on this basis. No provisions for the repair or replacement of non-safety glasses for any other reason, including damage, wear and tear, and loss. The City retains the right to make determinations regarding qualifying expenses.
20.1.3 Toxic Materials. The City shall review practices and procedures for employee handling and storage of toxic materials. Any necessary safety equipment and training will be provided by the City.
20.1.4 Safety Equipment. The City will provide an annual allowance in the amount of $300 per year for safety boots that comply with standards established by the Safety Committee. All field employees shall wear approved safety boots. This allowance shall be paid in the first full pay period in July.
20.1.5 Prescription Drugs. The parties agree that the issue of how prescription as well as over the counter 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
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also have a responsibility for protecting confidentiality of medical information regarding employees.
20.2 Wellness Program
The City shall maintain a Wellness Program for all City of Concord employees.
20.3 Fit for Duty
20.3.1 The City requires that all employees be capable of performing the essential functions with or without reasonable accommodation of his/her assigned position. The City may require employees be subject to medical examinations which shall be arranged by and conducted at the City's expense to determine fitness for duty.
20.3.2 No employee shall hold any position in a class for which the employee is unable to perform fully the essential duties of such position without hazard to either the employee or others. Within the limitations indicated, and consistent with the provisions of existing Personnel Rules, the City will engage in the interactive process to determine if workplace restrictions can be reasonably accommodated within the employee’s current position or in another available position for which the employee is qualified.
20.4 Stress Management
The parties agree on the importance of continuing to provide stress management awareness and training opportunities.
21. Benefit Plans
21.1 Group Medical Coverage
21.1.1 Active Employees
21.1.1.1 The City shall continue to contract with CalPERS for medical insurance plans for unit employees through the term of this Agreement.
21.1.1.2 The City shall pay 90% of 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
21.1.1.3 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
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announced by CalPERS, the parties will meet to calculate the City and employee contributions.
21.1.2 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-payments, and medical expenses.
The parties also agree that the City may pay the employer portion of medical premiums (less 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.
21.1.2.1 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.
21.1.2.2 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.
21.1.2.3 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 21.1.1. 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 $151and make
available $646.27 to the employee under the premium conversion arrangement.]
21.1.2.4 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:
$639.51 per month for employees participating in the cash-inlieu of health benefits program as of January 1, 2017. $200 per month for all employees who opt out of health insurance after January 1, 2017.
The “waiver” benefit shall be capped at these levels.
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Employees who opt out of the CalPERS medical plan and receive cashin-lieu of health benefits 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.
21.1.2.5 Consistent with applicable laws and regulations, each worker may authorize salary deductions for any benefits permitted by law and provided for in the FSA plan document. Those benefits will include:
a. Health insurance in accordance with PERS regulations and Federal law;
b. Child care expenses not otherwise reimbursed by the City; c. Any qualified personal medical, dental and vision care expenses not covered by the City’s plans, including but not limited to deductibles, co-payments, medication and
medical equipment;
d. Commuter Benefits
21.1.3 Retiree Medical Insurance
21.1.3.1 Current employees hired prior to 6/28/2016 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 6/28/2016 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
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Plan Type – Basic Plan (Pre-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
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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.
21.1.3.2 Employees hired on or after 6/28/2016 and employees hired before 6/28/2016 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 6/28/2016, but subsequently returns to employment with Concord shall retain his/her eligibility for retirement health benefits pursuant to 21.1.3.1. In addition, any employee who has received a conditional offer of employment with the City prior to 6/28/2016 shall be treated as an active employee on the effective date for purposes of section 21.1.3.1.
21.1.4 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 21.1.3.1.
21.1.5 The City agrees to provide employee and dependent coverage as determined in 21.1.1 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.
21.1.6 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.
21.1.7 Health Care Coverage for Disabled Eligible Employees.
Health care coverage may be extended to disabled Eligible Employees subject to the following sub sections, 21.1.7.1 through
21.1.7.7. 21.1.7.1 Definitions
21.1.7.1.1 “Eligible Employee” means persons employed
full-time by the City of Concord in a regular position in the Competitive Service.
21.1.7.1.2 “Dependent” means the Eligible
Employee's legal spouse, and/or children who are
eligible for coverage under the City provided CALPERS
health plan.
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21.1.7.1.3 “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.
21.1.7.1.4 “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.
21.1.7.1.5 “Residual Balance of Unused Sick Leave”
means all hours of unused sick leave in excess of 800
hours.
21.1.7.2 Eligibility
21.1.7.2.1 Extended health care coverage shall be
limited to those Eligible Employees who become eligible and continue to be eligible to receive benefits under the City of Concord's Long Term Disability Program.
21.1.7.2.2 Participation in extended health care coverage program by a disabled Eligible Employee and/or
dependent(s) shall be voluntary.
21.1.7.2.3 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.
21.1.7.3 Scope of Extended Health Care Coverage
21.1.7.3.1 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.
21.1.7.3.2 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.
21.1.7.4 Participation/Election Options. Eligible Employees who elect to participate in the extended health care coverage program may choose one of the following options.
21.1.7.4.1 Option 1. Conversion of Entire Sick Leave
Balance. Convert the entire unused sick leave balance
available at the date coverage commences. The entire unused sick leave balance at the date of retirement may be converted
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to fully-paid individual health care coverage. The number of unused sick leave hours shall be divided by eight (8) and rounded to the nearest whole number to determine the
number of months of fully-paid health care up to the
CALPERS Kaiser premium amount provided to regular, fulltime employees for Individual Coverage. If the Eligible Employee chooses to have a spouse covered, the number of months of coverage shall be reduced by one-half. Health care coverage for dependents other than a spouse shall be at the sole expense of the Eligible Employee. However, if there is no spouse, one, and only one, dependent child of the Eligible Employee may be designated to receive the spousal coverage. Any premium amount for the selected coverage
which exceeds the CALPERS Kaiser premium shall be paid
by the Eligible Employee to the City. Upon exhausting the period of paid health coverage, the Eligible Employee may elect to continue participation in extended health care coverage by commencing payment as described in Option 3 below.
21.1.7.4.2 Option 2. Conversion of Residual
Balance of Sick Leave. Freeze 800 hours of the unused
sick leave balance available when Long Term Disability
benefits commence. The Residual Balance of Unused Sick
Leave (excess over 800 hours) may be converted to fullypaid extended health care as described under Option 1 above.
At the time of Service Retirement occurring while the
Eligible Employee is eligible to receive benefits from the City's Long Term Disability Program, an Eligible Employee will receive the dollar value of the frozen 800 hours of unused sick leave computed at the rate set forth in Section 14.1.2 above.
21.1.7.4.3 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.
21.1.7.5 Except as provided in Section 21.1.7.4.2 above, if the Eligible Employee elects to use any or all of the unused sick leave balance as an option for extended health care coverage, the employee may not at a later date receive any portion of the unused sick leave in cash, even if the employee elects to stop participation in the extended health care coverage program.
21.1.7.6 Death of Disabled Eligible Employee
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21.1.7.6.1 Upon the death of a disabled Eligible
Employee's spouse who has been covered under these
conversion provisions, any or all of his or her unused months of fully-paid extended health care coverage will be made available to the disabled Eligible employee.
21.1.7.6.2 Upon the death of the disabled Eligible
Employee, the surviving spouse may continue on extended health care until the number of months originally covered is exhausted.
Upon conclusion of fully-paid coverage, a surviving spouse, until remarriage, may elect to continue to participate in the extended health care coverage program by commencing
payment as described in 21.1.7.4.1 above. Dependent
coverage would be at the sole expense of the surviving
spouse.
21.1.7.6.3 Upon remarriage, a surviving spouse may
continue Individual Coverage in the extended health care coverage by paying the full amount required for such
coverage. Health care coverage for eligible dependent
children of the deceased Eligible Employee would be at the sole expense of the surviving spouse.
21.1.7.6.4 If, under Section 21.1.7.4.1., a dependent child was provided coverage in lieu of the spouse, that dependent child may have access to any remaining months of such fullypaid health care coverage while remaining eligible as a dependent for coverage by the CALPERS health plan. Upon exhaustion of the remaining months, or if the dependent child ceases to meet eligible requirements of the CALPERS health plan, whichever is first, no further participation in extended health care coverage shall be offered.
21.1.7.7 Conversion of Sick Leave to Retirement Service Credit.
Nothing contained in this document 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.
21.2 Dental
The City will maintain current plan for the term of the contract and pay total premium cost for employee and dependents.
21.3 Long Term Disability
Complaints in the administration of the City's Long Term Disability Program shall first be directed to the Human Resources Department. If not resolved, such complaints may be submitted in writing to the City's Retirement Board for consideration.
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21.4 Life Insurance
Death Benefit. The death benefit shall be the amount payable under the Group Term Life Insurance Policy.
21.5 Retirement
21.5.1 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 on or after November 29, 2010, and who are “classic” members as defined by CalPERS, are entitled to retirement benefits under CalPERS 2.0 @ 55 retirement formula (Tier II).
Bargaining unit employees hired on or after January 1, 2013, who are “new members” as defined by CalPERS, are entitled to retirement benefits under the CalPERS 2% @ 62 retirement formula (Tier III).
21.5.2 Employee Contribution Pick up: Bargaining unit employees pay member contributions on a pre-tax basis as follows:
Tier I (2.5% @ 55) 8%
Tier II (2% @ 55) 7%
Tier III (2% @ 62) 50% of Normal Cost as calculated by CalPERS
21.5.3 For purposes of determining retirement benefits for “classic” members, “Final Compensation” shall mean the highest average monthly compensation, including special compensation, paid as a salary to a member during any period of twelve (12) consecutive months during the member’s membership in the PERS Retirement Program and/or the City of Concord Retirement System, as applicable.
Compensation, as herein defined, paid during any period of service under a Reciprocal System shall be considered compensation for purposes of computing Final Compensation in the Concord retirement plan, provided entry into membership in one system occurred within three (3) years of discontinuance of employment as a member of the other system.
21.5.3.1 “Final Compensation” for “new members” in the 2% @ 62 retirement formula shall mean the average of pensionable compensation for a 36 consecutive month period of employment.
21.5.4 In addition, full-time employees who retire from the City are eligible for specific retirement awards as detailed in Attachment E.
21.6 Deferred Compensation
Full-time employees shall be eligible to participate voluntarily in the City of Concord Deferred Compensation Plan subject to Internal Revenue Service approval.
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21.7 Employee Assistance
The City shall 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 on termination of employment. Except for the number of counseling sessions, the Employee Assistance Program 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.
21.8 Tuition Reimbursement
21.8.1 Subject to the following provisions, the City will reimburse employees for expenses incurred for tuition and books required for courses of study providing the following conditions are met.
21.8.1.1 An employee shall obtain advance approval of a course of study or training program by submitting to the Human Resources Director, via channels, a “Request for Tuition Refund” form. This form must be initiated by the employee prior to incurring any expenses. If the course is approved for reimbursement, the Human Resources Director will so indicate by signing the form and returning a copy, through channels, to the employee. If the course is disapproved, the form will be returned as disapproved, through channels, to the employee.
21.8.1.2 The subject matter of the course, training program, or degree shall relate to the employee's work with the City and be designed to improve the employee's job performance.
21.8.1.3 The course shall be conducted by a school accredited by the Western Association of Schools and Colleges, the National Home Study Council, or by special permission as determined by the Human Resources Director.
21.8.1.4 The class and study time shall be outside the employee's working hours.
21.8.1.5 The course shall be completed with a grade better than a Cor a certificate of satisfactory completion.
21.8.1.6 Text books or other materials required by the course may be retained by the employee.
21.8.1.7 Upon completion of the course, the employee shall submit the copy of the Request for Tuition Refund form previously approved by the Human Resources Director, along with the receipted bill for tuition and books, and verification of satisfactory completion for the course to the Department Head for further transmittal to the Human Resources Director.
21.8.1.8 The Human Resources Director shall note the satisfactory completion of the course in the employee's service record and forward
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the approved tuition request to the Finance Department for payment.
21.8.2 Exclusions and Limitations
21.8.2.1 Reimbursement shall not be provided for such
expenses as graduation fees, deferred tuition payment fees, student body fees, binders, note papers, exam blue books, parking fees, miscellaneous supplies, computer hardware and software, and battery-operated or electric calculators.
21.8.2.2 The maximum benefit payable to an employee per fiscal year for attending a school that is privately owned and/or operated shall not exceed
$600. No such limits shall apply to schools that are publicly owned and/or operated.
21.8.2.3 This policy shall not apply to any course or program conducted by an educational institution through a contractual relationship with any type of “Educational Broker” similar to those listed in Attachment D and further described in the report Educational Brokering in California Digest as published by the California Postsecondary Education Commission, April 27, 1977. Further, the City shall neither approve, recognize, nor reimburse any “Life Experience” credits that may be granted by any educational institution. Also, the City shall not reimburse under the Tuition Refund Program for any and all courses given by an educational institution, school or service that leads to a degree which includes credit for “prior learning experiences” that is not classroom related; regardless of the fact that the institution or school has been accredited by the Western Association of Schools and Colleges.
22. Uniforms and Work Clothes
22.1 Variations to Uniforms - Refer to Uniform Policy – Public Works Department (Attachment F).
22.2 The City shall provide to employees assigned to the Building Inspector and Construction Inspector classes 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. 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 Cal PERS 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
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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.
22.3 The City shall provide to employees assigned to the Community Service Officer, Code Enforcement Officer and Forensic Specialist classes 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 of 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 Cal PERS 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.
22.4 Work Pants. Employees covered by the Public Works Department Uniform Policy (Attachment F) shall receive an annual clothing allowance for work pants in the amount of $240. Such allowance shall be paid in 26 equal installments over the fiscal year, beginning with the first full pay period of 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 stated in the Public Works Department Uniform Policy.
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 Cal PERS to ensure the $240 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
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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.
22.5 Rain gear and coveralls will be issued as needed in accordance with current OSHA guidelines.
22.6 The City may designate store(s) where all or part of the clothing items are to be secured. The quality, style, and color of all items are to be at the discretion of the City. Authorized employees who are to be provided these specific clothing items at City expense shall visit the designated store(s) and initiate transaction on their own off-duty time within five days of being notified to do so by their supervisor to secure such garments that fit properly.
22.7 All shirts and jackets shall be issued with the employee’s first name printed or sewn in a visible location (nicknames that are proper names are acceptable, e.g.
Jim for James, Rich for Richard, Beth for Elizabeth).
22.8 Employees provided City uniforms shall wear the uniforms at all times during the employee's regular working hours unless otherwise directed by the employee's immediate supervisor. Other articles referred to in this Section shall be worn as directed by the supervisor.
22.9 City uniforms may be worn directly to and from work. Employees may use locker facilities to change into City uniforms when such facilities are in the area in which they normally report for work. If locker facilities are used, uniforms may be changed before and after normal working hours, or during authorized clean-up time; however, employees are to be in uniform at the normal working time.
22.10 The City uniform is not to be worn except when on duty or reporting to or from duty in the service of the City of Concord.
22.11 Employees called for emergency work are not required to change into the City uniform prior to reporting for emergency work.
22.12 The City uniform is to be given the same protective care and consideration as other City property.
22.13 Maintenance and custody of the above clothing items shall be the responsibility of the employee; however, title shall be vested with the City.
22.14 Upon reassignment or termination, the City uniform shall be returned to the issuing department unless otherwise directed by the employee's immediate supervisor.
23. Reimbursement
23.1 Damaged or Lost Personal Property
Subject to the following provisions, claims for damaged or lost personal property of an employee shall be reimbursed, when such damage or loss results directly from the performance of work in the line of duty. Such personal property must have been necessarily worn, used, or carried by the employee in order to adequately fulfill the duties and requirements of the job.
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23.1.1 The City will process and review employee claims with the understanding that the burden of proof of damage or loss rests with the employee who shall submit specified evidence of ownership and value.
23.1.2 Damage to or loss of personal property occurring in all but the following circumstances shall be eligible for reimbursement:
23.1.2.1 Theft or vandalism.
23.1.2.2 Ordinary wear and tear.
23.1.2.3 Employee carelessness, negligence, or lack of proper care.
23.1.2.4 Events normally encountered or anticipated in the job and subject to the control of the employee.
23.1.2.5 Incidents occurring outside hours actually worked (for example: breaks, meal periods, standby duty).
23.1.3 Employees shall not be eligible for reimbursement for damage to or loss of any personal property for the following:
23.1.3.1 Tools or equipment used without the express approval of the appointing authority.
23.1.3.2 Items not required as part of a uniform or duty equipment such as jewelry.
23.1.3.3 Clothing provided at City cost.
23.1.3.4 Vehicles.
23.1.3.5 Items that have exceeded their normal life expectancy.
23.1.3.6 Items compensable by Workers' Compensation coverage or the employee's insurance.
23.1.4 Following verification of eligibility for payment, reimbursement shall be as prompt as possible. Reimbursement shall be limited as follows:
23.1.4.1 For items that may be repaired, reimbursement is limited to the actual cost to repair the item.
23.1.4.2 For items damaged beyond repair or lost, reimbursement is limited, either to the actual value of the item at the time of loss or damage, or to the original cost, whichever is less.
23.1.4.3 Reimbursement for watches shall be limited to
$50.00. Reimbursement for cash shall be limited to $25.00.
23.1.5 Claims Procedure
23.1.5.1 An employee may submit a claim on a form designated by the City to the employee's supervisor for review within thirty (30) calendar days of the incident which resulted in loss or damage. Claims submitted more than 30 days following the incident may be considered only if the Department Head accepts an explanation for the delay.
23.1.5.2 The employee's supervisor will review the claim and
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complete that portion designated for supervisory response and forward the claim form to the Department Head.
23.1.5.3 The employee's Department Head will review the claim; add comments as appropriate; and forward to the approving authority.
23.1.5.4 The approving authority will determine whether or not the claim satisfies the criteria specified above. If the criteria are met, the approving authority will provide reimbursement. If a claim does not appear to meet the eligibility criteria, or if the amount of reimbursement appears to be inappropriate, the approving authority will notify the Department Head of the concern prior to notifying the employee. The employee may be requested to provide additional information to substantiate a claim. The approving authority and Department Head may, when appropriate, negotiate reimbursement amounts with the claimant or the claimant’s representative.
23.1.5.5 If a claim is rejected, the employee will be notified of the reason for rejection and may submit additional information and request reconsideration.
23.1.6 Disputes. Disputes regarding either eligibility for reimbursement or the amount of reimbursement may be processed at the Third Step of the Grievance Procedure, Section 18.5.3
23.2 Driver's License
The City shall reimburse the difference between the Class C driver’s license and the Class B or A driver’s license, as applicable, for maintenance employees who are required to possess Class B or A licenses as part of their duties.
23.3 Travel
23.3.1 The City Manager may authorize attendance, travel and reimbursement of all normal and necessary expenses incurred by employees representing the City on official business or at an approved function. The following guidelines shall govern the approval of the City Manager. In areas not specifically covered, the City Manager's decision shall prevail.
23.3.2 The governing factor in authorizing attendance at these functions is the benefit to accrue skills and knowledge for the City as a result of such attendance in relation to the overall expense to the City. All employees will obtain approval of their Department Head and the City Manager prior to incurring City reimbursable expenses when business or function will require them to be away from work for a full day or more, or require overnight absences.
23.3.3 Travel shall be by means most economical to the City of Concord. If travel by air is indicated, coach or economy air travel will be used whenever
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possible. Travel by private automobile will be authorized in lieu of flying, when it does not necessitate more time away from the job. The total travel cost shall be computed on direct route distances, but in no case shall the expense exceed the round trip cost by air.
23.3.4 No employee shall be authorized mileage allowance for privately-owned vehicle travel in the performance of official business or approved function within the immediate vicinity of Concord, if a City-owned vehicle is available and suitable for such use. When authorized, travel by private automobile will be reimbursed at the prevailing IRS mileage allowance.
23.3.5 When vehicles, either private or City-owned, are provided for authorized travel, employees shall pool rides whenever possible.
23.3.6 While attending approved functions, the burden of responsibility for sound judgment in expending City funds rests on the attending employee. The decision of the City Manager shall be final in cases where conflict of opinions on reimbursement exist.
23.3.7 Reimbursement of costs shall be based on the minimum number of days and hours required to transact City business. Early departures and late arrivals shall be at the employee's own expense except where prior approval of the City Manager is received.
23.3.8 The use of City vehicles shall be limited to official City business and travel reasonably related thereto. Transportation of persons other than employees or official City delegates is authorized by the City Manager only in situations where it relates to City business, such as transportation of spouses to functions where they are registered to attend, and then only when alternative arrangements are impracticable.
23.3.9 Advance requests, receipts, and expense statements are to be submitted to the Finance Director for processing and filing. Processing shall include verification of policy compliance. Receipts are required to be filed for all major expenses when available such as registration, hotel, and travel.
23.3.10 Travel time for mandatory training will be compensated when it occurs outside normal working hours, and less any travel time equivalent to the employee’s normal commute time. Overnight travel will be treated as required by FLSA. Mandatory training will be defined as any training required to maintain legal certification.
24. Personnel Files
24.1 It is recognized that the employee's official personnel file is maintained in the City's Human Resources Department under the custody of the Human Resources Director.
All personnel files shall be kept in confidence and shall be available for inspection only to other employees of the City when actually necessary in the proper administration of the affairs of the City or the supervision of the employee.
24.2 Materials in the official personnel files of an employee which may serve as a basis for affecting the employment status of the employee, are to be made available for inspection of the employee involved. Every employee shall have the right to inspect such
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materials in his or her own file on request. Such review shall take place during normal business hours and the employee shall be released from duty for a reasonable period of time for this purpose without salary deduction. An employee or the employee’s designated representative shall have the right to examine and/or obtain copies of any material from the employee's official personnel file. Written authorization from the employee is required for his or her designated representative to examine and/or obtain copies of any material from the employee's official personnel file, unless the employee is present when the representative requests to examine the file.
24.3 Employees shall be provided with a copy of any letter or commendation received by the City and shall be entitled upon request to have a copy of such placed in their personnel file.
24.4 Information of a derogatory nature shall not be entered into the employee's official personnel file until the employee is given notice and an opportunity to review and comment thereon. All derogatory material other than employee performance evaluations shall be removed from the employee's file upon the employee's request after remaining in the file for a period of three (3) years, so long as no other similar instances have occurred. Such material shall be sealed and retained in a confidential folder and may only be used in conjunction with disciplinary action regarding the employee. An employee shall be notified within 15 working days if such sealed folder is opened.
24.5 An employee shall have the right to grieve the placement of any derogatory material in his or her file.
25. Policies and Procedures
Prior to consideration by the Policy Development & Internal Operations Committee, the City agrees to provide twenty (20) working days notice of any proposed modification, amendment, or consideration of any new Policy or Procedure Statement affecting personnel covered by this MOU. With mutual consent of the parties, this 20-day notice may be waived.
26. Outside Employment
26.1 City employees shall not engage in any employment activity, or enterprise for compensation which is inconsistent, incompatible, or in conflict with, or inimical to their duties as City employees or with the duties, functions, or responsibilities of the employee’s appointing authority or the department in which employed. A City employee shall not perform any work, service, or counsel for compensation outside of such employment where any part of his or her efforts will be subject to approval by any officer, employee, board, or commission of the City, unless otherwise approved in the manner prescribed by Sections 26.2 and 26.3 below.
26.2 Prohibited Activities. Each appointing authority may determine, subject to the concurrence of the City Manager, those outside activities which, for employees under his or her jurisdiction, are inconsistent with, incompatible to, or in conflict with their duties as City employees. An employee's outside employment, activity, or enterprise may be prohibited if it:
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26.2.1 Involves the use for private gain or advantage of City time, facilities, equipment, and supplies, or the badge, uniform, prestige, or influence of one's City office or employment; or
26.2.2 Involves receipt or acceptance by the City employee of any money or other consideration from anyone other than the City for the performance of an act which the employee, if not performing such act, would be required or expected to render in the regular course or hours of his or her City employment or as a part of the duties of such a City employee; or
26.2.3 Involves the performance of an act in other than the capacity of the City employee, which act may later be subject directly or indirectly to the control, inspection, review, audit, or enforcement of any other officer or employee of the City to whom the employee reports; or
26.2.4 Involves such time demands as would render performance of his or her duties as a City employee less efficient.
26.3 Authorization. Any employee, wishing to engage in an occupation or outside activity for compensation and having any reason to question whether this activity might come under Sections 26.1 and 26.2 shall inform the appointing authority of such desire, providing information as to the time required and the nature of such activity and such other information as may be required.
26.4 The appointing authority at his or her own initiative, or at the request of the employee, shall make such determination as specified in Section 26.2 and either authorize or prohibit the employee’s outside employment, activity, or enterprise for compensation. Notice of such determination shall be in writing to the employee involved, with a copy forwarded to the Human Resources Director. If authorization is granted, it shall be valid only for the work and period prescribed therein. Such determination of the appointing authority may be subject to the Grievance Procedure as set forth in Section 18.
27. Labor Relations Forum
The City Manager and other management representatives chosen by the City Manager will meet on a bi-monthly basis with two representatives of each bargaining unit and a Teamsters 856 Business Representative to address relevant and timely labor relations issues.
28. Entire Agreement
Except as otherwise specifically provided herein, this MOU fully and completely incorporates the understanding of the parties hereto and constitutes the sole and entire agreement between the parties in any and all matters subject to meet and confer.
29. 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 of
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Concord and the Union will meet and confer in good faith with reference to that part or provision thus invalidated which affects that particular Certified Employee Organization.
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.
30. Revisions, Amendments, Extensions
Neither party shall be required to negotiate any changes to the terms of this MOU except by mutual agreement.)
31. Term of Agreement
This MOU shall be effective upon ratification by approval of the members of the Union for those portions that apply to their respective Representation Units only and upon 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, 2026.
It is the intention and desire of the parties of this agreement to commence negotiations on a successor to this Memorandum of Understanding by March 15, 2026.
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Appendix A
DEFINITIONS
A. All words and terms used in this Memorandum of Understanding and in any other resolution, ordinance, rules or administrative statements dealing with personnel policies, systems, or procedures shall be defined as they are normally and generally defined in the field of personnel administration. For the purpose of convenience, however, the words and terms most commonly used are defined as follows:
1. "Allocation" means the official assignment of an individual position to its appropriate class in accordance with the duties performed and the authority and responsibilities exercised.
2. "Applicant" means any person who has made application for a position.
3. "Appointing Authority" or "Appointing Power" means the Heads of Departments and any other person or group of persons so designated in Section 2.40.140 of the Municipal Code as having the power by law or ordinance to make an appointment to any position in a specified department of the City of Concord.
4. "Appointive Position" means a position in the Exempt Service so designated by Section 2.40.110 of the Municipal Code to which a person may be assigned.
5. "Appointment" means the selection of a person to occupy an authorized position in either the Competitive Service, Exempt Service, or Limited Service.
6. "Board" means the Personnel Board appointed by the City Council in accordance with Section 2.20.310-2.20.340 of the Municipal Code.
7. "Candidate" means any person who has been accepted for participation in an examination.
8. "Certification" means the submittal to an appointing authority of a listing of eligibles from an appropriate employment list, or names of those on a reinstatement or reemployment list.
9. "Certified Employee Organization" means an employee organization that has been certified by the Personnel Board as representing the majority of the eligible employees in an appropriately designated employee representation unit and shall be considered to represent all the employees of that unit, except for those employees who may wish to represent themselves individually.
10. "City" means the City of Concord, California.
11. "Civil Service" means employment with a public agency.
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12. "Class" or "Classification" means a category into which is placed a position or group of positions with duties and responsibilities so similar that the same descriptive title, example of duties, recruiting standards, and salary can be applied with equity.
13. "Class Series" means two or more classification levels which have similar duties and responsibilities, but are distinguished from each other by degree of difficulty or level of responsibility.
14. "Classification Specification" means a written description of a classification.
15. "Classification Plan" means the list of class titles, class code numbers, a written classification specification for each class of positions as adopted by resolution of the City Council.
16. "Classified Service" means all positions in the City service, except Elective Offices, Special Positions, the City Manager, City Attorney, Assistant City Attorney, and all Heads of Departments.
17. "Compensation" means the salary, wage, allowances, and all other forms of valuable consideration earned by or paid to any employee by reason of said service in any position, but does not include any allowances authorized and incurred as incidents of employment.
18. "Competitive Examination" means one or more selection procedures used to assess the relative qualifications of a group of applicants or candidates.
19. "Competitive Service" means all regular full-time positions in the City service to which appointments are to be made from an employment list, but does not include those designated as elective, appointive, special, temporary, part-time, project, student, or seasonal positions.
20. "Continuous Examination" means a competitive examination or a particular class which is designed to be either open or promotional, or both; and the examination consists of the same or comparable tests of fitness which may be administered periodically; and as a result of which names of eligibles may be added to an existing employment list for the duration of such list.
21. "Continuous Service" means service without an authorized break or interruption during the period for which the employee has been employed by the City. A break or interruption in continuous service shall be construed as a deliberate severance of employment initiated by either the City or the employee for periods of more than fifteen (15) working days.
22. "Council" means the duly elected City Council of the City of Concord, California.
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23. "Days" means work days the City's administrative offices are open, unless otherwise designated.
24. "Demotion" means the movement of an employee from one class to another class having a lower maximum salary.
25. "Department" means an organizational unit with responsibility for carrying out a function under the supervision of a Department Head.
26. "Department Head" means the head of an established office or department having supervision of such department and office and also includes elected officials.
27. "Dismissal" means the involuntary termination of an employee from the City service for disciplinary reasons.
28. "Eligible" means a person whose name is on an employment list established by competitive examination.
29. "Employment List" means a list of names of persons who may be considered for employment with the City under specific conditions. Such lists may be designated as either a re-employment, reinstatement, promotional, or open employment list.
30. "Examination" means the selection procedures used to measure the relative capacities and fitness of the persons applying for positions within the Competitive Service.
31. "Exempt Service" means those offices and positions in classes specified in Section
2.40.110 of the Municipal Code.
32. "Grievance" defined in Section 18.1 of this Memorandum of Understanding
33. "Incumbent" means a person occupying a position in the City service.
34. "Layoff" means the separation of one or more employees from the active work force due to lack of work or funds, or to the abolition of positions by the Council for the above reasons, or due to organizational change.
35. "Open Examination" means a competitive examination for a particular class in which applications are invited from all qualified persons, regardless of whether or not they are employed by the City.
36. "Pay Range" means a series of base salary steps to which a class may be assigned.
37. "Permanent Appointment" or "Permanent Status" means the type of status granted an employee who has successfully completed an official probationary period for a particular class and in a regular position in the Competitive service.
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City of Concord ~ and ~ ATC and F&O
38. "Personnel Ordinance" means Article XI of the Concord Municipal Code, which creates a personnel Merit System for the City.
39. "Position" means a combination of duties and responsibilities legally assigned to be performed by a single officer or employee or the equivalent and performed on a fulltime basis. A position may be occupied or vacant.
40. "Probationary Appointment" or "Probationary Period" means a working test period during which an employee who has been selected from a reinstatement, promotional, or open employment list is required, by actual performance, to demonstrate fitness for the duties of the class to which appointed.
41. "Promotion" means the movement of an employee from one class to another class having a higher maximum rate of pay.
42. "Promotional Examination" means a competitive examination for a particular class which is only available to current employees who meet the qualifications for the class and who have a permanent appointment with the City or are otherwise permitted to take such an examination by Section 2.40.110(b) of the Municipal Code or by Section
2.49 of Policy and Procedure 37.0.
43. "Provisional Appointment" means an appointment of a person who possesses the qualifications established for a particular class and who has been appointed to a regular position in that class in the absence of available eligibles, or who has been assigned under the provisions of Section 2.40.140(d) of the Municipal Code or by Section 2.50 of Policy and Procedure No. 37.0.
44. "Reclassification" means a change in allocation of a position from an existing class to another existing or new class that is assigned to a salary range or rate in which the maximum salary is equal, higher, or lower.
45. "Re-employment" means the reappointment of a former employee (from a layoff reemployment list) who had a permanent appointment with the City at the time of layoff.
46. "Regular Employee" means a person occupying either an appointive or a regular position with the City.
47. "Regular Position" means a full-time position in the Competitive Service which is established without any limitation as to time.
48. "Rehire" means the reappointment of a former employee who does not have reemployment or reinstatement rights at the time of returning to the payroll.
49. "Reinstatement" means the probationary appointment, without examination, of either a former permanent status employee who resigned in good standing not more than
Memorandum of Understanding between the
City of Concord ~ and ~ ATC and F&O
one(1) year previously, or the return of a non-disciplinary demotion of an employee to a class in which status was held not more than one (1) year previously.
50. "Selection Procedure" means the use of any device or method used to make employment decisions such as application screening, written tests, oral interviews, performance tests, background investigations, assessments of physical or emotional condition, and probation periods.
51. "Special Position" means those positions in the Exempt service so designated by Section 2.40.110(a)(3) of the Municipal Code to which a person may be assigned.
52. "Status" means the type of an employee's appointment, such as provisional, probationary, permanent, exempt, or limited service.
53. "Step Advancement" means a change to a higher salary step in the pay range to which a class is assigned.
54. "Suspension" means an involuntary absence from duty without pay imposed for disciplinary purposes or pending investigation or charges.
55. "Termination" means the separation of an employee from City service.
56. "Transfer" means a change of an employee from one position to another position in the same class or in a comparable class having the same maximum salary.
57. "Waiver" means the rejection of an appointment offer by an Eligible or by a person on a reemployment or reinstatement list.
Memorandum of Understanding between the
City of Concord ~ and ~ ATC and F&O
Attachment A
PAY TABLE ATC AND F&O
MONTHLY SALARY / HOURLY RATES
(EFFECTIVE 7/10/2023)
Grade Rate Step 1 Step 2 Step 3 Step 4 Step 5 Step 6
1 Hourly
Monthly
$18.5433
$3,214
$19.4705
$3,375
$20.4439
$3,544
$21.4662
$3,721
$22.5395
$3,907
$23.6665
$4,102
2 Hourly
Monthly
$19.7302
$3,420
$20.7168
$3,591
$21.7526
$3,770
$22.8404
$3,959
$23.9824
$4,157
$25.1812
$4,365
3 Hourly
Monthly
$21.0305
$3,645
$22.082
$3,828
$23.1862
$4,019
$24.3457
$4,220
$25.5627
$4,431
$26.841
$4,652
4 Hourly
Monthly
$22.4666
$3,894
$23.5901
$4,089
$24.7696
$4,293
$26.0081
$4,508
$27.3085
$4,733
$28.6738
$4,970
5 Hourly
Monthly
$23.9641
$4,154
$25.1624
$4,361
$26.4204
$4,580
$27.7416
$4,809
$29.1287
$5,049
$30.5853
$5,301
6 Hourly
Monthly
$25.7361
$4,461
$27.0228
$4,684
$28.3741
$4,918
$29.7928
$5,164
$31.2825
$5,422
$32.8466
$5,693
7 Hourly
Monthly
$27.6039
$4,785
$28.9838
$5,024
$30.4333
$5,275
$31.9551
$5,539
$33.5527
$5,816
$35.2302
$6,107
8 Hourly
Monthly
$29.6720
$5,143
$31.1557
$5,400
$32.7134
$5,670
$34.3491
$5,954
$36.0665
$6,252
$37.8700
$6,564
9 Hourly
Monthly
$31.9719
$5,542
$33.5703
$5,819
$35.2490
$6,110
$37.0114
$6,415
$38.8621
$6,736
$40.8049
$7,073
10 Hourly
Monthly
$34.5400
$5,987
$36.2670
$6,286
$38.0802
$6,601
$39.9844
$6,931
$41.9835
$7,277
$44.0827
$7,641
11 Hourly
Monthly
$37.3565
$6,475
$39.2245
$6,799
$41.1856
$7,139
$43.245
$7,496
$45.4073
$7,871
$47.6779
$8,264
12 Hourly
Monthly
$40.3565
$6,995
$42.3741
$7,345
$44.4930
$7,712
$46.7174
$8,098
$49.0535
$8,503
$51.5063
$8,928
13 Hourly
Monthly
$44.8664
$7,777
$47.1096
$8,166
$49.4650
$8,574
$51.9385
$9,003
$54.5353
$9,453
$57.2622
$9,925
14 Hourly
Monthly
$51.5484
$8,935
$54.1257
$9,382
$56.8321
$9,851
$59.6735
$10,343
$62.6571
$10,861
$65.7900
$11,404
15 Hourly
Monthly
$59.2296
$10,266
$62.1912
$10,780
$65.3009
$11,319
$68.5657
$11,885
$71.9942
$12,479
$75.5940
$13,103
Memorandum of Understanding between the
City of Concord ~ and ~ ATC and F&O
Attachment B
ADMINISTRATIVE, TECHNICAL, AND CLERICAL UNIT
PAY ASSIGNMENT OF CLASSIFICATIONS
Class Title Pay
Grade
Class Title Pay
Grade
Administrative Clerk I…………………… 3 Permit Center Technician III…………. 10 Administrative Clerk II…………………... 6 Planning Technician…………………... 10 Administrative Clerk III………………….. 7 Program Assistant……………...………. 9 Administrative Secretary……………….. 9 Programmer Analyst ……………..…….. 12 Code Enforcement Officer 11 Recreation Cust. Service Coord……….. 7 Duplicate/Offset Printing Operator……. 5 Recreation Program Aide…………….…. 6 GIS Technician………………………….. 8 Recreation & Special Events Prg Coord. 11 Graphic Designer……………………...... 8 Senior Offset Duplicating Mach……… 7 Information Systems Tech. I…………... 7 Transportation Program Coordina…… 10 Information Systems Tech. II………..… 9 Video Services Coordinator………….. 9 Permit Center Technician I…………… 7 Youth Violence Prevention Spec......... 10 Permit Center Technician II………….. 9
MARKET RATE
Class Title Grade Step 1 Step 2 Step 3 Step 4 Step 5 Step 6 Account Clerk I 004 Hourly
Monthly
$23.5573
$4,083
$24.7354
$4,287
$25.9720
$4,502
$27.2707
$4,727
$28.6341
$4,963
$30.0658
$5,211
Account Clerk II 006 Hourly
Monthly
$26.9855
$4,677
$28.3346
$4,911
$29.7515
$5,157
$31.2391
$5,415
$32.8010
$5,686
$34.4411
$5,970
Account Clerk III 007 Hourly
Monthly
$28.9438
$5,017
$30.3908
$5,268
$31.9107
$5,531
$33.5063
$5,808
$35.1814
$6,098
$36.9405
$6,403
Accounting
Technician I
008 Hourly
Monthly
$31.1126
$5,393
$32.6681
$5,662
$34.3015
$5,946
$36.0166
$6,243
$37.8174
$6,555
$39.7083
$6,883
Accounting
Technician II
009 Hourly
Monthly
$33.5239
$5,811
$35.2000
$6,101
$36.9600
$6,406
$38.8080
$6,727
$40.7488
$7,063
$42.7858
$7,416
Accounts Payable
Team Leader
009 Hourly
Monthly
$33.5239
$5,811
$35.2000
$6,101
$36.9600
$6,406
$38.8080
$6,727
$40.7488
$7,063
$42.7858
$7,416
Building Inspector 011 Hourly
Monthly
$41.9461
$7,271
$44.0433
$7,634
$46.2455
$8,016
$48.5578
$8,417
$50.9860
$8,838
$53.5352
$9,279
Buyer 009 Hourly
Monthly
$33.5239
$5,811
$35.2000
$6,101
$36.9600
$6,406
$38.8080
$6,727
$40.7488
$7,063
$42.7858
$7,416
Community Service
Officer
007 Hourly
Monthly
$28.9438
$5,017
$30.3908
$5,268
$31.9107
$5,531
$33.5063
$5,808
$35.1814
$6,098
$36.9405
$6,403
Construction
Inspector
010 Hourly
Monthly
$38.8399
$6,732
$40.7819
$7,069
$42.8210
$7,422
$44.9621
$7,793
$47.2104
$8,183
$49.5706
$8,592
Forensic Specialist
I
008 Hourly
Monthly
$31.1126
$5,393
$32.6681
$5,662
$34.3015
$5,946
$36.0166
$6,243
$37.8174
$6,555
$39.7083
$6,883
Memorandum of Understanding between the
City of Concord ~ and ~ ATC and F&O
Forensic Specialist
II
010 Hourly
Monthly
$36.2166
$6,278
$38.0275
$6,591
$39.9287
$6,921
$41.9252
$7,267
$44.0216
$7,630
$46.2227
$8,012
Police Records
Clerk I
003 Hourly
Monthly
$22.0515
$3,822
$23.1540
$4,013
$24.3117
$4,214
$25.5274$
4,425
$26.8037
$4,646
$28.1441
$4,878
Police Records
Clerk II
006 Hourly
Monthly
$26.9855
$4,677
$28.3346
$4,911
$29.7515
$5,157
$31.2391
$5,415
$32.8010
$5,686
$34.4411
$5,970
Police Records
Clerk III
007 Hourly
Monthly
$28.9438
$5,017
$30.3908
$5,268
$31.9107
$5,531
$33.5063
$5,808
$35.1814
$6,098
$36.9405
$6,403
Revenue
Generation Team
Leader
010 Hourly
Monthly
$36.2166
$6,278
$38.0275
$6,591
$39.9287
$6,921
$41.9252
$7,267
$44.0216
$7,630
$46.2227
$8,012
Senior Building
Inspector
012 Hourly
Monthly
$46.1352
$7,997
$48.4420
$8,397
$50.8640
$8,816
$53.4073
$9,257
$56.0777
$9,720
$58.8813
$10,206
Senior Construction
Inspector
011 Hourly
Monthly
$41.9388
$7,269
$44.0357
$7,633
$46.2376
$8,015
$48.5494
$8,415
$50.9770
$8,836
$53.5258
$9,278
Treasury
Technician
007 Hourly
Monthly
$28.9438
$5,017
$30.3908
$5,268
$31.9107
$5,531
$33.5063
$5,808
$35.1814
$6,098
$36.9405
$6,403
Memorandum of Understanding between the
City of Concord ~ and ~ ATC and F&O
Attachment C
EDUCATIONAL BROKERS
(CONTRACTING AGENTS)
1. Academic Overtures................................................................... (213) 577-1260 Hilton Tower, 150 S. Los Robles
Pasadena, CA 91101
2. The Center for Continuing Education ........................................ (916) 920-2488 P.O. Box 13032
Sacramento, CA 95813
3. Continuing Education Corporation ............................................ (714) 832-8185 17291 Irvine Boulevard, Suite 262
Tustin, CA 92689
4. External Degree Services........................................................... (408) 629-8149 P.O. Box 24265
San Jose, CA 95154
5. Foundation for Educational Services ......................................... (213) 385-2891 520 South LaFayette Park Place
Los Angeles, CA 90057
6. The Institute for Professional Development............................... (408) 262-8500 696 Trimble Road
San Jose, CA 95131
7. International Education Foundation ........................................... (213) 389-3131 3550 Wilshire Boulevard
Los Angeles, CA 90010
8. Modulearn, Incorporated ............................................................ (714) 493-8122 32158 Camino Capistrano
P.O. Box 635
San Juan Capistrano, CA 92675
9. Rockport Management Corporation........................................... (714) 537-7045 12812 Garden Grove Boulevard, Suite O
Garden Grove, CA 92643
10. West Bristow Consultants.......................................................... (213) 373-6857 426 Via Corta, Suite 300
P.O. Box 232
Palos Verdes Estates, CA 90274
11. Western Management Institute................................................... (415) 376-1330 c/o St. Mary's College
Moraga, CA 94575
Memorandum of Understanding between the
City of Concord ~ and ~ ATC and F&O
SHIRT SELECTION
CLOTHING MODIFICATIONS
SHIRT AND JACKET SELECTIONS
Attachment D
1. Four shirt types are available:
a. Tee
b. Tank
c. Polo
d. Standard buttons (short or long sleeve)
e. Hi-Vis Class 3 T-shirt
2. Each shirt type is assigned a point value:
a. Tee = 1.0 point
b. Tank = 1.4 points
c. Polo = 2.4 points
d. Standard buttons (short or long sleeve) = 2.1 points e. Hi-Vis Class 3 T-Shirt = 2.7 points
3. Employees may choose any combination of shirt types, up to a maximum of 10. They must stay within a maximum of 17 points when making their selections.
As an example, an individual starts with 17 points then selects the following shirts:
TYPE QUANTITY
(maximum 10) VALUE POINTS USED POINT BALANCE
17.0 Tank 3 1.4 4.2 12.8
Tee 4 1.0 4.0 8.8
Polo 3 2.4 7.2 1.6
Total 10 15.4
In this example the maximum number of shirts (10) has been reached. Even though 1.6 points are unused, no additional shirts may be ordered.
In the next example, 8 shirts are chosen. A small point balance remains. It is insufficient to allow for the purchase of additional shirts. Even though only 8 shirts were chosen, the maximum point utilization has been reached. No additional shirts may be purchased for this individual.
TYPE QUANTITY
(maximum 10) VALUE POINTS USED POINT BALANCE
17.0 Tee 1 1.0 1.0 16.0
Polo 4 2.4 9.6 6.4
Button 3 2.1 6.3 1.0
Total 8 16.9
Memorandum of Understanding between the
City of Concord ~ and ~ ATC and F&O
JACKET SELECTION
The jacket program will offer three types; an award type, a longer length fleece-lined jacket, and a safety orange, or yellow-lime field jacket (in two lengths). The safety orange, or yellow-lime field jacket is intended for crews working on or near roads. Due to its cost, this is a "two-year jacket." Those individuals selecting it will not be eligible for a new jacket next year.
Memorandum of Understanding between the
City of Concord ~ and ~ ATC and F&O
Attachment E
RETIREMENT AWARDS POLICY
A. Full-time regular employees who retire from the City will receive the following:
• Retirement plaque
• $100 contribution by City toward gift being purchased by coworkers • Reimbursement up to $50 for dinner for two
• Pair of tickets to performance of choice at Pavilion
• (Police only) Sworn officers with 25 years of service may keep duty weapon B. Full-time regular employees hired before April 26, 1994, who retire from the City, will receive:
• All items included in Section A
• (Such employees shall also receive) A monetary award based on years of service (as follows) in lieu of golfing/swimming privileges previously referenced in the City’s recognition policy:
10 years of service ...$200
20 years of service ...$500
25 years of service ...$700
C. For All Future Employees:
• The recognition items to be received by employees hired on or after April 26, 1994 (date of modification of Policy & Procedure No. 13) 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.
The foregoing benefits only apply to employees who actually retire upon cessation of their employment with the City. It does not apply to employees who leave the City to work for another employer and retire at a later date.
Memorandum of Understanding between the
City of Concord ~ and ~ ATC and F&O
ATTACHMENT F
UNIFORM POLICY PUBLIC WORKS DEPARTMENT
July 23, 2013
I. Purpose
City of Concord Public Works employees are required to present a professional image to the public. This policy sets forth clothing guidelines which: a) ensure that requirement; b) promote worker safety; and c) provide a means for the community to easily identify Public Works employees as they conduct their daily business.
II. Applicability
This policy applies to all permanent City of Concord Public Works Department Employees in the Field and Operations Unit.
III. Policy
It is the intent of this policy that work attire complements an environment that reflects an efficient, orderly, and professionally operated organization while promoting workforce safety.
IV. Procedures
A. General Dress Code
As a representative of the City, each employee is expected to dress in a manner which promotes a positive, professional image while providing a means for employee identification. He or she shall also be dressed appropriate for his or her activity in compliance with current OSHA requirements. For this reason, all Public Works employee shall comply with the following dress code requirements:
1. Employees who are required to wear uniforms shall wear them while on duty (unless otherwise approved by their supervisor).
2. The City uniform is not to be worn except when on duty or reporting to or from duty in the service of the City of Concord.
Memorandum of Understanding between the
City of Concord ~ and ~ ATC and F&O
3. Employees called for emergency work are not required to change into the City uniform prior to reporting for emergency work.
4. Employees are expected to exercise good judgment in their choice of work clothes. All clothing must be clean, in good repair, and appropriate for the work setting.
5. When employees wear coats, shirts, sweatshirts, and jackets they must bear an original City logo (unless otherwise directed or approved by supervisor) and employee first name. This includes wearing a City-issued shirt beneath removable sweatshirts and jackets.
6. Attire which prohibits employees from safely performing their assigned duties is prohibited.
7. Employees shall take proper care of uniforms. The employee is responsible for any loss or damage of his/her City uniform due to negligence not including normal wear and tear.
B. Uniform Guidelines
Except as described in Section D below, Public Works employees will be issued standard uniforms which are consistent among divisions and compliant with OSHA guidelines.
1. Sweatshirts and or Jackets
Two (2) sweatshirts per employee per year will be issued as follows:
Sweatshirts will be hooded with zipper.
Sweatshirts will be compliant with OSHA guidelines.
One OSHA compliant jacket per employee per year may be issued in in lieu of sweatshirts.
2. Shirts
Eight (8) City-issued shirts per employee per year will be issued as follows:
Shirts will be OSHA compliant.
Shirts will be short or long sleeved t-shirts, or have buttons and collar.
3. Raingear and Coveralls
Memorandum of Understanding between the
City of Concord ~ and ~ ATC and F&O
Rain gear and coveralls will be issued as needed in compliance with current OSHA regulations.
4. Work Pants
Employees will each receive a $240 stipend per fiscal year for work pants. Work pants must be full-length blue denim (i.e. blue jeans) or dark navy or black twill/polyester style.
Works pants must not sag below the waistline or hip.
Work pants must be free of alterations, holes and bleaching.
5. Hats
Employees will be provided with two (2) “ball cap” style hats per employee per year.
Hats will be navy blue in color, Flex-Fit (non-adjustable) style and will bear the original City logo.
Employees may elect to wear a full brimmed sun hat in lieu of ball cap if approved by the division manager.
Employees may elect to wear their own choice of ball cap style hat as long as it does not bear writing or logos and is dark navy or black in color.
6. Uniform Disposal
Uniforms which have reached the end of their useful life and which bear the City logo must be properly disposed of by the employee. Properly disposed of is defined as removing the City logo and/or destroying.
Uniforms bearing the City logo must never be given away or donated to charity.
C. Time to Purchase
The Public Works Management Team will procure above said uniforms once annually during the month of June.
D. Laundry Service
A clothing rental and laundry service which provides uniforms shall be provided to full-time employees occupying regular positions in the Fleet Management Division and or other special need positions which require such service.
Memorandum of Understanding between the
City of Concord ~ and ~ ATC and F&O
ATTACHMENT G
VACATION CASH OUT ELECTION FORM
(NON-REVOCABLE)
Pursuant to Personnel Policy & Procedure 37.17 Vacation, paragraph 4.3, I, hereby request to cash out hours of vacation leave
(must not exceed 40 hours). I am aware and agree that the IRS requires that this election be nonrevocable and that I will receive this payment during the first full pay period of August, or as otherwise specified in my applicable MOU, of the calendar year following this election. I further acknowledge that the hours I am seeking to cash out are not currently accrued vacation balance hours, but rather, in compliance with IRS regulations, are for hours that will be accrued in the calendar year in which the cash-out occurs.
PROCEDURE:
(1) Employee must complete and sign the form.
(2) The original, signed form must be received in Payroll no later than close of business the last regular work day of the calendar year prior to the year in which the cash out will be made. Forms received after the final regular work day of the calendar year cannot be accepted.
I understand the following provisions apply:
• I must have at least eighty (80) hours of accrued vacation leave when submitting the nonrevocable Vacation Cash Out Election Form. • This request can only be made once in each twelve month period. • Payment is subject to ordinary deductions and withholdings. • This request is irrevocable. Once elected, the number of hours listed for cash-out will no longer be available for me to use as vacation time. Once cashed out, I will not be able to buy back hours at a later time.
• Adjustment of hours will begin to be reflected in a “Reserve” bank visible through Lawson Employee Self Service no later than the 2nd pay period in January.
Employee Name (please print) Employee #
Employee’s Signature
=====================================================================================
FOR PAYROLL USE ONLY
Date form was received in Payroll:
Vacation balance at time of request:
Hours requested to be cashed out:
Reserved hours available at time of cash-out:
Eligibility verified on by
Hours to be cashed out: x hourly pay rate of $ Total Gross: $ Pay Code VNR Note: This will be charged to the same expense account from which the employee is presently paid.
Cash out processed PPE Hours deducted from employee’s vacation balance Verification of completed process Date
Memorandum of Understanding between the
City of Concord ~ and ~ ATC and F&O
ATTACHMENT H
Memorandum of Understanding between the
City of Concord ~ and ~ ATC and F&O
Memorandum of Understanding between the
City of Concord ~ and ~ ATC and F&O
ATTACHMENT I
Memorandum of Understanding between the
City of Concord ~ and ~ ATC and F&O
Memorandum of Understanding between the
City of Concord ~ and ~ ATC and F&O
SIGNATURES
For the ADMINISTRATIVE,
TECHNCIAL & CLERICAL UNIT and
For the FIELD & OPERATIONS UNIT: For the CITY OF CONCORD:
Peter Finn, Principal Officer Valerie Barone
Teamsters, Local 856 City Manager
Juan Escobar, Business Representative Jasmin Loi
Teamsters, Local 856 Director of Human Resources
Jeanette Bradfield, Business Representative
Teamsters, Local 856
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, 2021 2023 through June 30, 20232026
Attachment 2
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......................................................................................................3
5. NON-DISCRIMINATION.......................................................................................................3
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............................................................................................6
7.3 Step Assignments and Advances within the Pay Ranges...............................................7
7.4 Pay for Higher Class Work ..........................................................................................10
7.5 Standby Pay..................................................................................................................11
7.6 Special Salary Adjustments..........................................................................................13
7.7 Call Back......................................................................................................................13
7.8 POST Pay for Dispatchers.....................................................................................................14
7.9 SWAT Pay for Dispatchers...................................................................................................14
8. PERFORMANCE STANDARDS AND REPORTS .............................................................14
8.1 Review with Employee ................................................................................................14
8.2 Follow-up Reports........................................................................................................15
8.3 Protest of Ratings.........................................................................................................15
9. PAY PREMIUM ....................................................................................................................15
9.1 Overtime Pay................................................................................................................15
9.2 Compensatory Time .....................................................................................................16
9.3 Pay Differentials...........................................................................................................16
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9.4 Bilingual Pay................................................................................................................19
9.5 Night Differential..........................................................................................................20
10. HOLIDAYS ...........................................................................................................................21
11. VACATIONS.........................................................................................................................23
12. EMPLOYMENT, ADVANCEMENT & RETENTION........................................................25
12.1 Probation ......................................................................................................................25
12.2 Status of Employee.......................................................................................................26
12.3 Lay-off and Re-employment ........................................................................................29
12.4 Loss of Employment Status..........................................................................................35
13. CONTRACTING OUT..........................................................................................................35
14. LEAVES OF ABSENCE .......................................................................................................35
14.1 Sick Leave....................................................................................................................35
14.2 Bereavement Leave......................................................................................................38
15. AUTHORIZED LEAVE OF ABSENCE WITHOUT PAY................................................. 39
15.1 Personal Leave .............................................................................................................39
15.2 Authorized Leave of Absence Without Pay for Military Duty ....................................39
15.3 Authorized Leave of Absence Without Pay for Job Injury..........................................39
15.4 Family Care Leave ...................................................................................................... 40
15.5 Catastrophic Leave...................................................................................................... 40
15.6 Union Business (Release Time).................................................................................. 40
16. JURY DUTY..........................................................................................................................40
17. DISCIPLINE ..........................................................................................................................41
17.1 Cause of Disciplinary Action.......................................................................................41
17.2 Extent of Disciplinary Actions.....................................................................................42
17.3 Authority for Disciplinary Actions...............................................................................43
17.4 Notice to Employees ....................................................................................................43
17.5 Employee Response .....................................................................................................44
17.6 Order of Disciplinary Action........................................................................................44
17.7 Effective Date...............................................................................................................44
17.8 Right of Appeal............................................................................................................44
17.9 Employee Representative .............................................................................................45
17.10 Appeal Procedure .........................................................................................................45
17.11Waiver of Steps or Time Limits...................................................................................47
17.12 No Interruption of Work ..............................................................................................47
18. GRIEVANCE PROCEDURE................................................................................................47
18.1 Definition .....................................................................................................................47
18.2 Employee Representative .............................................................................................47
18.3 Class Actions................................................................................................................47
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18.4 Parties’ Intent ...............................................................................................................47
18.5 Procedure..................................................................................................................... 48
18.6 Waiver of Steps or Time Limits.................................................................................. 49
18.7 No Interruption of Work ............................................................................................. 49
19. COMPLAINT PROCEDURE............................................................................................... 49
20. SAFETY AND HEALTH ..................................................................................................... 50
20.1 Safety........................................................................................................................... 50
20.2 Wellness Program ....................................................................................................... 51
20.3 Fit For Duty .............................................................................................................................51
20.4 Stress Management ..................................................................................................... 52
21. BENEFIT PLANS................................................................................................................. 52
21.1 Group Medical Coverage ............................................................................................ 52
21.2 Dental .......................................................................................................................... 59
21.3 Long Term Disability.................................................................................................. 59
21.4 Life Insurance.............................................................................................................. 59
21.5 Retirement ................................................................................................................... 60
21.6 Deferred Compensation............................................................................................... 60
21.7 Employee Assistance................................................................................................... 60
21.8 Tuition Reimbursement............................................................................................... 61
22. UNIFORMS AND WORK CLOTHES ................................................................................ 62
22.1 Uniforms ..................................................................................................................... 62 Variations to Uniforms - Refer to Uniform Policy – Public Works Department (Attachment F). ........................................................................................................... 62
23. REIMBURSEMENT............................................................................................................. 65
23.1 Damaged or Lost Personal Property............................................................................ 65
23.2 Driver's License........................................................................................................... 67
23.3 Travel .......................................................................................................................... 67
24. PERSONNEL FILES ............................................................................................................ 68
25. POLICIES AND PROCEDURES......................................................................................... 69
26. OUTSIDE EMPLOYMENT................................................................................................. 69
27. LABOR RELATIONS FORUM........................................................................................... 70
28. ENTIRE AGREEMENT....................................................................................................... 70
29. SEVERABILITY .................................................................................................................. 70
30. REVISIONS, AMENDMENTS, EXTENSIONS ................................................................. 71
31. TERM OF AGREEMENT.................................................................................................... 71
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Appendix A Definitions 72
Attachment A Pay Table ATC and F&O 77
Attachment B Administrative, Technical, and Clerical Unit Pay Assignment 78 Of Classifications, Field & Operations Unit Pay Assignment of Classifications Attachment C Educational Brokers 84
Attachment D Clothing Modifications 85
Attachment E Retirement Awards Policy 87
Attachment F Uniform Policy Public Works Department 88
Attachment G Vacation Cash Out Election Form (Non-Revocable) 91 Attachment H New Employee Orientation and Membership 92 Attachment I GPS 95
Signatures 97
Memorandum of Understanding between the
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General Introduction
This Memorandum of Understanding (“MOU”) is 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 Teamsters, Local 856 (hereafter referred to as “Teamsters,” “Union,” “Certified Employee Organization,”) representing the Administrative, Technical & Clerical Representation Unit and the Field & Operations Representation Unit (hereafter referred to as “Representation Unit,” or “Unit” as appropriate).
This Memorandum of Understanding entered into between the City and the Union, represents the results of meeting and conferring in good faith in accordance with Section 3500, et seq., 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 Union, have ratified the terms and conditions in the MOU, and 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 Memorandum of Understanding are for convenience only and are not to be construed as modifying or governing the language in the Section referred to.
1. Recognition
The City recognizes Teamsters as the sole and exclusive employee representative for all employees in the Administrative, Technical & Clerical Representation Unit, and as the sole and exclusive employee representative for all employees in the Field & Operations Representation Unit, for the purpose of meeting and conferring in respect to rates of pay, wages, hours, and other terms and conditions of employment for the term of this MOU, pursuant to and in accordance with all applicable provisions of California Government Code 3500 through 3509, as amended, and Policy and Procedure No. 37.34.
As used in this MOU, the term(s) “Employee(s)”refers to full-time Competitive Service members of the Unit.
2. Scope of the MOU
This MOU applies to all full-time Competitive Service employees assigned to classifications included in the Administrative, Technical, and Clerical and the Field & Operations Representation Units, respectively, by the Personnel Board pursuant to Policy & Procedure No. 37.34, Section 4.
Memorandum of Understanding between the
City of Concord ~ and ~ ATC and F&O
3. Employee Representation
3.1 Dues Deduction
3.1.1 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.
3.1.2 The employee's earnings must be sufficient after other legal and required deductions are made to cover the amount of the dues. When an employee is in a nonpay status for an entire pay period, no deduction will be made to cover the pay period from future earnings. In the case of an employee who is in a non-pay status during part of the pay period, and the salary is not sufficient to cover the full withholding, no deduction shall be made. In this circumstance, all other legal and required deductions (including health care deductions) have priority over Union dues.
3.1.3 New employee orientation and membership information is attached as Attachment H.
3.2 Representation by Employees
3.2.1 For purposes of meeting and conferring in good faith regarding wages, hours, and working conditions with the Union, the City will provide time off with pay to no more than three City employee members for each Representation Unit during their normal work hours. Meetings held outside of the employee's normal work hours shall be on the employee's own time.
3.2.2 For purposes of grievance 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 of the employee's normal work hours shall be on the employee's own time.
3.2.3 Additional employees called by either party may be present with pay during his/her normal work hours to serve as a resource person or as a witness for meetings described 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.
3.3 Bulletin Board
3.3.1 Any material to be posted by the Union shall be posted on a designated bulletin board provided by the City, in each department where bargaining unit members are assigned. The Union shall notify the Human Resources Director of any departments where no bulletin board exists and the Human Resources Director shall work with the department to address the lack of a bulletin board.
Memorandum of Understanding between the
City of Concord ~ and ~ ATC and F&O
4. Management Rights
Except as otherwise noted in this Agreement, the City retains all rights of management.
5. Non-Discrimination
Neither the Union, the City, nor an employee shall discriminate in any way (including harassment) on any grounds prohibited by State or Federal law.
6. Hours of Work
6.1 General
Eight (8) assigned hours within a calendar day shall constitute a day's work and five (5) days containing forty (40) assigned hours within a calendar week shall constitute a week's work, subject to the following provisions:
6.1.1 Daily hours of work (or shifts) for employees within departments shall be assigned by Department Heads as required to meet operational requirements of their departments.
6.1.2 Workdays and workweeks of a different number of hours may be authorized by the City Manager to meet the varying needs of the different City departments; such as five (5) eight (8) hour workdays, four (4) ten (10) hour workdays, a 9/80 work schedule, or a variable workweek schedule on behalf of certain employees.
Nothing contained in this Section shall preclude the application of the City's Policy & Procedure governing “Overtime” for any additional hours of work assigned to an employee over and above the regularly and routinely scheduled variable workweek schedule.
6.1.3 For purposes of this Section, Calendar Day means a continuous period starting at 12:01 a.m. and ending at midnight; Calendar Week means the period which begins at 12:01 a.m. Monday and ends the following Sunday at twelve midnight.
6.2 Breaks
There shall be provided one fifteen-minute relief break within each four-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. Anything consumed on the break is to be taken to the job by the employee and no time is authorized for the purchase or preparation of items in advance of the break time.
Breaks may not be taken in coffee shops, stores, or other non-job site locations unless specifically authorized by the supervisor. No time is authorized for clean up before breaks.
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6.3 Clean-up
6.3.1 Administrative, Technical, and Clerical Representation Unit There shall be provided, if necessary, a five-minute personal clean-up time prior to meal period and at the end of the employee's workday.
6.3.2 Field & Operations Representation Unit
There shall be provided, if necessary, a five minute clean-up time prior to the meal period and, if necessary, ten minutes at the end of the workday, with the understanding that the time periods specified may be more or less depending upon circumstances.
6.4 Lunch Period
Employees shall be provided a non-paid, duty-free lunch period of at least one halfhour. No additional travel time will be permitted for return to the yard or other locations for meal. No more than two (2) City vehicles may be at the same commercial eating establishment at any lunch or break time. The City will provide waterless soap and towels for those at work in the field. When employees are assigned to eat at the job site, such employees shall be paid for that half-hour lunch period.
6.5 Variable Work Schedule
A variable work schedule may be authorized for an individual employee or for a work unit within the department.
6.5.1 A request/approval for variable work schedule may either be initiated by a Department Head, an employee, or the supervisor.
6.5.2 The employee shall sign the form acknowledging he/she has read and understands the “Provisions that Apply to a Variable Work Schedule” Section of the form.
6.5.3 The variable work schedule shall not interfere with service to the public; shall meet the needs of the department; be to the advantage of the City; and, as much as possible, be complimentary to the schedule of other departments. If the variable work schedule involves an entire work unit, it shall be preferably supported by a majority of the employees affected.
6.5.4 The employee's supervisor and Department Head may recommend approval to the City Manager, or return the request to the originator indicating that the schedule is not recommended.
6.5.5 All existing personnel policies, rules, and regulations shall continue to apply. If any conflict or problem results from the variable schedule, the existing policies, rules, and regulations shall prevail.
Memorandum of Understanding between the
City of Concord ~ and ~ ATC and F&O
6.5.6 Authorization for a variable work schedule is at the sole discretion of the Department Head and/or the City Manager and, if approved, may be rescinded at any time by either the Department Head or City Manager. The decision by the Department Head and/or the City Manager to authorize or deny a variable work schedule or to rescind as previously approved shall be final. Decisions to deny or change a variable work schedule shall be discussed with the employee(s) concerned upon request by the Union.
6.5.7 Labor Management Forum meetings shall regularly include discussion of alternate or variable work schedules as an agenda item with the intent to identify workable and mutually beneficial 4/10 and 9/80 work schedules.
6.6 Overtime Meal
An overtime meal shall be provided to maintenance field employees assigned to work under the following conditions:
6.6.1 The employee is assigned on an emergency basis to work in excess of two hours immediately before or immediately following the end of the normal workday or the employee is assigned to work over four hours on a Call-Back status.
6.6.2 Under the above conditions, maintenance field employees are to be provided a thirty (30) minute paid overtime meal break with travel time permitted to go to the nearest restaurant designated by the City for emergency overtime meals and where arrangements have been made in advance for payment of such meal bills.
6.6.3 Eligible employees are authorized one overtime meal, not to exceed $12.50 (plus tax and reasonable tip) per overtime meal break.
6.6.4 Those employees on standby duty shall not be provided a meal at City expense except for conditions stated in Section 6.6.1 above.
Scheduled overtime work is to be treated as a regular workday except for the payment of the overtime premium, and no overtime meal will be furnished by the City.
7. Pay
7.1 Pay Ranges
A schedule of pay grades with pay rates and ranges, six salary steps enumerated 1, 2, 3, 4, 5, and 6, and hourly rate equivalents (based on 173.333 hours per month) has been established by resolution adopted by the Council. The classes covered by this MOU have been assigned by Council resolution to appropriate pay grades. The pay rate, pay range and salary steps for each pay grade establishes the basic compensation for each class assigned to each pay grade. The classes are listed alphabetically by class title in a salary schedule indicating pay range, salary steps, or other rates of pay, and the assigned overtime group for each class as designated by the Council.
Memorandum of Understanding between the
City of Concord ~ and ~ ATC and F&O
7.2 Changes to the Pay Ranges
Effective the first full pay period after Council approval of this MOU or the first full pay period of July 2023, whichever is later, all bargaining unit members shall receive a 5% wage increase and 2% market adjustment, as well as a $1,000 non-pensionable lump sum payment.
Effective the first full pay period after July 1, 2024, all bargaining unit members shall receive a 4% wage increase.
Effective the first full pay period after July 1, 2025, all bargaining unit members shall receive a 4% wage increase and 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%.
Effective in the first full pay period following ratification and approval, bargaining unit employees shall receive a $2,000 one-time payment.
Employees must be employed on the date that the payment is made in order to be eligible for the one-time payment.
A. Equity Adjustments: Equity adjustments as specified in Attachment I shall be effective in the pay period beginning November 15, 2021 of this agreement.
B. Communications Dispatcher Shift Differential: The subject of shift differential for the Communications Dispatcher classification shall be reviewed. The shift differential meetings will be attended by the Director of Human Resources and a Teamsters Union representative. This review shall include the City presenting market equity data on shift differential for this classification. This process shall begin no later than November 30, 2021 and end no later than February 10, 2022. Shift differential equity adjustments, if any, would be provided by mutual agreement of the parties.
7.2.1 Attached as Attachments A and B to this MOU are listings of the classes currently falling within the scope of this MOU, with the assigned pay grade, pay rate, pay range, and salary steps. Any class that is placed in a salary rate higher than its assigned Pay Grade shall carry the appropriate pay grade designation accompanied by a job code, 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. Any classifications changed or added during the term of this agreement shall be attached to this MOU.
Memorandum of Understanding between the
City of Concord ~ and ~ ATC and F&O
7.2.2 Pay Range Change on Anniversary Date. In the event that a pay range change becomes effective on an employee's anniversary date, the employee shall first receive any within-range adjustment to which entitled at the current step and then receive the corresponding step adjustment, if applicable.
7.2.3 Pay Range Change on Date of Promotion. In the event that a pay range change becomes effective on the date an employee is promoted to a higher class, the employee shall first receive any corresponding step adjustment to which entitled in the lower class, and then the next higher step pursuant to the promotional adjustment process as provided in Section 7.3.7.
7.3 Step Assignments and Advances within the Pay Ranges 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 the following general plan.
7.3.1 Step 1.
Step “1” shall normally be paid upon initial employment. When a pay range exists for a class and it appears that the education and previous training or experience of a proposed employee are substantially superior to those required of the class and justify a beginning salary in excess of such minimum compensation, upon recommendation of the appointing authority and the Human Resources Director, the City Manager may authorize an appointment to a position at any higher salary step in the pay range. The City Manager's decision in this matter shall not be subject to the complaint or grievance procedure.
7.3.2 Step 2.
An eligible employee hired at Step “1” shall be considered for advancement to Step “2” thirteen (13) biweekly pay periods (approximately six months) following date of hire; with the effective date adjusted to the beginning date of the closest pay period at that time. If employed at other than Step “1” then consideration for advancement to the next salary step will take place twenty-six (26) bi-weekly pay periods (approximately one year) following the date of hire with the effective date adjusted to the beginning of the closest pay period at that time.
7.3.3 Advancement Beyond Step 2.
Consideration for each subsequent step advancement shall be after twenty-six (26) biweekly pay periods (approximately one year) following the last step advancement.
If early advancement is authorized, under Section 7.6, it shall coincide with the beginning of a pay period. This Section applies to those who are re-employed or reinstated at a step greater than Step “1”.
7.3.4 Re-Employment.
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City of Concord ~ and ~ ATC and F&O
Upon re-employment, the employee will be placed at the same step in the pay range that they held prior to layoff. If the re-employment is made based on the reallocation of a position to a classification having a lower maximum salary than that of the classification the employee held previously, then the employee, upon reemployment will be placed into the pay range of the lower classification at the rate closest to the base rate of pay that they held prior to layoff. Future step adjustments (if applicable) follow the process identified in 7.3.1-7.3.3.
7.3.5 Rehire.
Upon the rehire of a former employee into the same class as the employee occupied prior to separation, such a person shall receive the same salary step in the pay range for the class as was received prior to separation. If rehired into a related lower class, credit shall be given for prior service in determining the salary step for employment in the lower class. If rehired into a higher class than previously occupied, the rules regarding pay upon promotion shall apply. The anniversary date for such a person shall be established based upon the date of such rehire.
7.3.6 Reinstatement.
Upon the reinstatement of an employee, the employee shall receive not more than the same salary step in the pay range the employee previously received prior to termination or non-disciplinary demotion and a new anniversary date for the employee shall be established based upon the date of such reinstatement.
7.3.7 Promotion.
Employees who are promoted shall be entitled to receive the rate of compensation in the entrance step of the pay range for the class to which the employee has been promoted. Where the pay range of the old position overlaps the pay range of the new position, the employee shall be placed at such step in the pay range of the higher class as to provide an increase in basic salary of at least five percent (5%) but no more than ten percent (10%) or the highest salary step in the authorized pay range for the higher class, whichever is lower.
7.3.8 Demotions.
In the case of the demotion of any employee in the City service to a class with a lower maximum salary, such employee shall be assigned to a salary step in the lower pay range which is:
7.3.8.1 For a disciplinary demotion, any designated step in the lower pay range which is at least one (1) step less than the dollar amount received in the pay range for the class from which demoted. A new anniversary date shall be established as of the effective date of demotion.
7.3.8.2 For a non-disciplinary demotion, that salary step in the pay range for the lower class which the employee would have received had the employee's service in the class from which demoted been continuous
Memorandum of Understanding between the
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in said lower class. The employee's previous anniversary date shall be retained.
7.3.9 Classification Reviews.
When a position is reclassified from one existing class to another existing or new class with the same maximum salary, the salary and the anniversary date of the incumbent shall not change. If a position is reclassified to a class which has a higher maximum salary, the salary shall be adjusted in accordance with the promotional guidelines described above. If a position is reclassified to a class with a lower pay range, the salary of the incumbent shall not change. If such salary is greater than the maximum salary of the lower class, said salary may be designated a “Y” rate as provided in Section 7.3.14 below.
7.3.10 Transfers.
In the case of the transfer of any employee from one position to another in the same class or to another class in the same pay range, the employee shall remain at the same salary step and shall retain the same anniversary date.
7.3.11 Calculation of Anniversary Dates.
Anniversary dates shall be established as of the effective date of employment.
Anniversary dates shall change upon step advancement, promotion, or reinstatement in the City service or as the effective date of a special salary adjustment as provided in Section 7.6. Anniversary dates of those re-employed shall be adjusted to credit City service since the most recent salary step advancement, but the employee shall not be credited for the period of separation from City employment.
7.3.12 Step Advancement Not Automatic.
No advance in salary steps shall be automatic upon completion of the periods of service outlined above.
7.3.12.1 All increases shall be made on the basis of merit as established by the employee's work performance and after written recommendation of the appointing authority and approval by the Human Resources Director and the City Manager. Step advancements may be withheld in cases of inferior work, performance, lack of application, or indifferent attitude.
7.3.13 Same Relative Step.
Where a pay range for a given class is revised upward or downward, the incumbents of positions in classes affected shall have their existing salary adjusted to the same relative step in the new pay range (Step 2 to Step 2, Step 3 to Step 3, etc.) and their anniversary date shall not be changed.
Memorandum of Understanding between the
City of Concord ~ and ~ ATC and F&O
7.3.14 Retention of Salary and “Y” Rates.
When a pay range is adjusted downward, incumbents may, on approval of the Council, retain their same dollar amount of salary within the lower pay range, or if their present rate exceeds the maximum of the lower range, may continue to receive the same dollar amount and said amount shall be designated a “Y” rate. Any such “Y” rate shall be indicated by a capital “Y” following the salary each time it appears on personnel records or transactions. Said “Y” rate shall be canceled on vacancy of the position or at such time when the pay range meets or exceed the “Y” rated pay rate.
7.4 Pay for Higher Class Work
Employees performing assigned short-term work above their normal classification will be compensated fairly as follows:
7.4.1 Temporary Assignment to a Vacant Position.
When an employee is assigned to work for a limited time (not to exceed 960 hours in a fiscal year) to a vacant regular or appointive position in a higher classification, pending the completion of the normal selection process to fill the position, the employee shall be temporarily promoted, given a Provisional Appointment, and paid according to existing established rules in accordance with provisions of Section
7.4.4 below.
7.4.2 Replacement of an Absent Employee.
When an employee is continuously absent from work due to vacation, compensatory time off, sick leave, extended leave of absence, the employee's position shall be considered temporarily vacant after the fifteenth (15th) workday. For purposes of calculating “workdays” under this provision, the day the City observes a holiday is not considered a “workday”. In such cases, the position may then be filled on the sixteenth (16th) workday for a limited time as provided by Section 7.4.1 above, to replace an employee continuing to be absent beyond fifteen (15) workdays. In compelling cases when an absent employee must be replaced due to unanticipated or prolonged absence, the Department Head may, with the City Manager's approval and within existing budget limitations of that department, declare the absent employee's position temporarily vacant prior to the 15 workday limitation and assign and pay a replacement following provisions of Section 7.4.1 above and Section 7.4.4 below.
If approval is granted for pay for work in a higher classification and the assignment is terminated and later re-approved for the same employee within thirty (30) calendar days, no additional waiting period will be required.
7.4.3 Special Assignments.
When an employee is relieved of duties in his or her normal classification and for a limited time assigned to a higher classification to work on a special project or
Memorandum of Understanding between the
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relieve an extra heavy workload, the employee shall be temporarily promoted and paid according to existing established rules in accordance with provisions of Section
7.4.4 below.
7.4.4 General Conditions
7.4.4.1 The employee is assigned to the higher classification for a full workday (8 consecutive work hours in the same day or shift assignment, or 10 consecutive work hours if the employee is on a 4/10 workweek).
7.4.4.2 The employee is assigned to a program, service or activity established by the City Council which is reflected in an authorized position which has been classified and assigned to the Salary Schedule.
7.4.4.3 The nature of the departmental assignment is such that the employee in the lower classification becomes fully responsible for the duties of the position of the higher classification and the employee is assigned, assumes, and performs all the duties and responsibilities of the position in the higher classification.
7.4.4.4 Pay for work in a higher classification shall not be utilized as a substitute for the regular promotional procedures.
7.4.4.5 Higher pay assignments shall not exceed six (6) months except through reauthorization or as limited by law.
7.4.4.6 During the period of work in a higher classification, an employee will retain the right to return to the position and status in the employee’s regular lower classification, and anniversary and salary review dates will be determined in accordance with the existing Personnel Rules.
7.4.4.7 Allowable overtime pay will be paid on the basis of the rate of pay for the higher class.
7.4.4.8 Nothing in this provision shall prohibit the training of an employee in work of a more advanced nature without additional compensation, as long as full duties are not assumed.
7.4.4.9 Nothing in this provision is intended to exceed budgeted funds or increase the number of authorized full-time regular or appointive employees actively at work as authorized by the City Council for the fiscal year.
7.4.4.97.4.4.10 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.
Memorandum of Understanding between the
City of Concord ~ and ~ ATC and F&O
7.5 Standby Pay
Standby Duty is a program recommended by the Department Head and approved by the City Manager and is defined as an assignment to remain available for telephone contact and ready to respond to trouble calls relating to City work during a stated offwork period. The following provisions apply to Standby Duty.
7.5.1 Employees in Public Works assigned to Standby duty on Saturdays, Sundays, or observed holidays shall be paid Forty FiveSixty Dollars ($45.0060.00) for each day so assigned. Such Standby duty shall be for a continuous 24-hour period starting at the time the employee is regularly scheduled to report to work during the work week or the time designated when assigned to Standby duty.
7.5.2 Employees in Public Works assigned to Standby duty on weekday nights shall be paid Thirty FiveForty Dollars ($35.0040.00) for each night assigned to such duty. A night of such duty shall start at the close of the employee’s regular workday and lasts until the time the employee is normally scheduled to report for work on a regular workday.
7.5.3 Any employee working in the Police Department who is assigned to Standby duty shall receive Twenty Forty Dollars ($20.0040.00) for each night they are assigned to standby duty.
7.5.4 No Standby duty or pay shall be considered as overtime except as required by the Fair Labor Standards Act, nor credited as time worked for computing overtime eligibility, long term disability, life insurance, or retirement benefits.
7.5.5 While on Standby duty, if the employee is required to report to work to inspect, trouble shoot, or perform work related to the City's computer operations, the provisions for Call Back pay under Section 7.7 shall apply. Pay for such overtime work performed shall be in addition to Standby pay.
7.5.6 The appropriate Department or Division Head will determine and maintain a list of those employees deemed qualified to perform Standby duty. The Standby list shall not include non-bargaining unit employees.
7.5.7 Copies of the Standby lists shall be forwarded to the Police Communications Center for the Police Dispatcher to use in the event of computer operations trouble during non-working hours. One copy shall be transmitted to the Finance Department. Each Standby duty list shall include for each date the individual's name, address, phone number and commencement and termination times for the duty. It shall be the responsibility of the standby employee to carry or have ready access to the mobile communication device and to notify the Police Dispatcher of an alternate phone number in the event the mobile communication device is not operational.
7.5.8 Whenever possible, the Standby duty lists shall be made up of qualified employees volunteering for such duty. The selection of employees for Standby duty shall be for stated intervals and on a rotational basis to provide nearly
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equitable distribution of such duty. The sewer maintenance Standby list will be prepared by a Maintenance Services Manager, detailing one employee to Standby duty during the non-working hours specified. The traffic signal maintenance Standby duty list will be prepared by the supervising Transportation Engineer, detailing one employee to Standby duty during the non-working hours specified.
In the absence of names on a list of those requesting such assignment, management may assign qualified persons to Standby duty. The employee retains the right to grieve Standby duty under the City's grievance procedure of Section
18. Nothing in this section precludes the City from assigning additional staff to Stand-by status if operational conditions dictate.
7.5.9 An employee who is unavailable or who does not respond to a Standby duty call shall not qualify for Standby pay for the entire Standby period except where the employee has given the assigning supervisor advanced notice of an illness or compelling emergency.
7.5.10 City of Concord policies, procedures and personnel rules are in effect during Standby duty. Violations may result in disciplinary action at the Department Head level.
7.5.11 For Field & Operations Unit employees actually performing Standby duty, the City may provide a mobile communication device, at the discretion of management.
7.5.12 A City vehicle shall be provided to Field & Operations Unit employees while on Standby duty.
7.5.13 Employees who are assigned to be available shall be required to:
Be ready to respond in a reasonable time (defined generally as within the timeframe expected for the employee's normal commute time plus 15 minutes for prep time).
Be readily available and capable to perform all duties at all hours by telephone or other communications devices and respond to work in uniform.
7.6 Special Salary Adjustments
The City Manager, upon recommendation of the appointing authority and the Director of Human Resources, may authorize a pay increase to an employee to correct gross inequities or to reward outstanding achievement and performance.
Any such increase will be effective at the beginning of the pay period following authorization. No increase can be authorized above the top step for the applicable pay range. The City Manager’s decision shall not be subject to the complaint or grievance procedures.
7.7 Call Back
Employees called back to work after the conclusion of their regular workday or called into work on their scheduled day off, including scheduled off observed
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holidays, shall be paid a minimum of two (2) hours of overtime or receive compensatory time off. Court Appearances related to an employee’s official duties are also subject to the same minimum compensation.
Call Back includes (1) an employee’s return to work upon the City’s request after the conclusion of the employee’s normal work shift, provided that more than one hour has elapsed between the end of the normal work shift and the subsequent requested reporting time; (2) employees called into work on their regular scheduled day off, including scheduled off observed holidays. Call Back does not include scheduled requests that an employee report to work prior to the commencement of the employee’s regular work shift.
7.7.1 When a court appearance, which has been scheduled to occur on the employee’s time off, is cancelled and less than six (6) hours’ notice of the cancellation is given, the employee shall be paid two (2) hours of overtime.
Personal contact or a message left on the employee’s department voice mail is considered adequate notice.
7.8 POST Pay for Dispatchers
City agrees to pay $48.08 per pay period ($1,250 per year) to up to five dispatchers who have obtained a Dispatcher Advanced POST Certificate.
Effective July 1, 2025, City agrees to pay $48.08 per pay period ($1,250 per year) to up to seven dispatchers who have obtained a Dispatcher Advanced POST Certificate.
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)(2) – Educational Incentive.
7.9 SWAT Pay for Dispatchers
City agrees to pay 2% of base salary per hour to dispatchers who obtain SWAT certification while assigned to and on active status as SWAT team members.
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)(2) – Educational Incentive.
8. Performance Standards and Reports
8.1 Review with Employee
It is acknowledged that the prime benefit of a sound performance rating system is that it brings together the employee and the supervisor for a frank and constructive discussion and appraisal of the employee's work with specific suggestions for
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improvement. Therefore, it is expected that a performance report will be prepared by the employee's immediate supervisor at least annually which shall be thoroughly discussed with the employee. The employee shall sign the report to acknowledge such discussion of its contents. Such signature shall not necessarily mean the employee agrees with the contents of said report. A copy of the performance report shall be given to the employee.
Any employee who receives an overall “Unacceptable” or “Needs Improvement” rating will not be considered for any merit or length of service step advancement until an overall “Achieves Requirements” rating is established. Where an employee receives an overall rating of “Unacceptable” on two consecutive occasions, disciplinary action may be taken by the appointing authority as provided in Section
17. 8.2 Follow-up Reports
Follow-up reports concerning the performance of any employee who has received an “Unacceptable” or “Needs Improvement” rating shall be prepared at threemonth intervals. If, in the opinion of the appointing authority, the employee improves to the extent that the restoration of any merit step advancement previously withheld under provisions of Section 8.1 is justified, the appointing authority shall so recommend to the City Manager. Upon approval of the City Manager, such restoration shall be made and shall be effective on beginning date of a subsequent pay period as specified in the recommendation of the appointing authority.
8.3 Protest of Ratings
In any case of protest to a report of performance, the provisions of the Grievance Procedure as provided by Section 18 shall apply.
9. Pay Premium
9.1 Overtime Pay
9.1.1 Authorized work in excess of eight (8) hours per day and forty (40) hours per workweek shall be considered overtime. The only exception to these provisions is the authorized variable workweek described in Section 9.1.2.
9.1.2 Variable Workweek. An exception to the hours per day and hours per week in the above Section 9.1.1 is made for those employees who are working under an authorized variable workweek. When a variable workweek has been authorized, hours worked in excess of regularly scheduled time (including authorized paid leave time) are to be paid at the appropriate overtime rate for the class only for those hours that exceed eighty (80) in a pay period.
9.1.3 Secondary Classifications. An employee occupying a position in the Competitive Service, may also be appointed to a secondary classification within
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the Limited Service. Work performed in both the primary and secondary classifications shall be considered in computing overtime.
9.1.4 Unexcused or Unpaid Absence. If time is lost during the employee's regular workweek for unexcused or unpaid absence, then the hours of lost time will not be counted for overtime calculation purposes.
9.1.5 Holiday. Unworked observed holidays shall be considered, for payroll purposes, as eight (8) hours worked during that workweek when reporting time and computing overtime.
9.1.6 Each classification within the City's classification plan covered by this MOU shall be assigned to Overtime Group A. Employees in this group 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 of their straight time rate of pay for the amount of overtime worked.
9.1.7 The Police Department shall post planned overtime in the Police Records Bureau in a conspicuous location that is accessible to all employees who work in the Police Records Bureau (email is acceptable). Overtime shall be first offered to staff (Police Records Clerk III and Community Service Officers[AL1]) assigned to the Police Records Bureau, before being offered to other classifications within the bargaining unit or any other unit.
9.2 Compensatory Time
9.2.1 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.
9.2.2 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:
9.2.2.1 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.
9.2.2.2 Payment of the cash in lieu of Comp Time off shall be made no later than the last payday occurring in the following month.
9.2.2.3 Payment of cash in lieu of time off shall not exceed the employee's Comp Time balance on hand at the time of payment.
9.2.3 Payment for accumulated Comp Time shall be included in the employee’s final paycheck.
9.3 Pay Differentials
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9.3.1 Differential Pay for Lead Equipment Mechanic. Although the Equipment Mechanic and Lead Equipment Mechanic classes are assigned to the same Pay Grade, a pay differential of five percent (5%) shall be added to the base salary of an employee assigned to the class of Lead Equipment Mechanic.
9.3.2 Differential Pay for Operating Heavy Trucks and Equipment.
Employees assigned to operate, for one hour or more, the equipment normally operated within the classes of Heavy Equipment Operator I, Heavy Equipment Operator II, Gang Mower Operator, or Sweeper Operator, shall be paid a differential as follows:
9.3.2.1 If the employee has been examined, found to be qualified, and placed on an employment list for the applicable higher class, the employee shall receive a rate of pay for the entry step of the higher class or, if the pay ranges overlap, the rate of pay within the higher class for the step which will provide a minimum increase of 5%, but no more than 10% above the employee’s current rate. When this pay differential applies, a Personnel Action Form (Form PER-36) must be completed in advance showing the class code, appropriate step in existing salary range, and that the employee has been qualified/certified to be compensated at this level.
9.3.2.2 If the employee has not been examined, determined to be qualified, and has not been certified, the employees shall be paid a differential of 5%.
9.3.3 High Climbing Differential. A High Climbing Pay Differential of approximately 10% of the base hourly rate shall be paid to an employee assigned to climb poles or trees, using ropes, belts, and other safety rigging to a height of 25 feet or more above the ground or other stable footing for the purpose of trimming trees or performing other high work according to the following provisions:
9.3.3.1 An employee who is properly designated as a trainee shall receive the High Climbing Pay Differential indicated above for four (4) hours per day for a specified period of training.
9.3.3.2 Other employees, who are incidentally assigned to climb poles or trees or do high climbing, using ropes, belts, and other safety rigging to trim trees or perform other high work, shall receive the 10% High Climbing Pay Differential for the time that the employee is assigned to perform such work.
9.3.3.3 The High Climbing Differential Pay does not apply to trimming or pruning trees from the ground, or from the height of a non-extension ladder.
9.3.3.4 Work performed while occupying the bucket of the Hi-Ranger or equivalent type of mechanical lift equipment shall not qualify for High Climbing Differential pay.
9.3.4 Differential Pay for Maintenance Worker I & Maintenance Worker II.
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Except as otherwise provided in the agreement, work out of class shall be in accordance with the following:
Maintenance Worker I and Maintenance Worker II who perform any of the following:
Lead a crew of two or more for an eight hour shift;
Operate the following heavy equipment: backhoe, bobcat, gang mower, grader, compacting roller; street sweeper and asphalt zipper;
Work on a special project or provide relief for an extra heavy workload for a period of time not to exceed one pay period;
Be assigned to the role of Lead Operator to operate the City’s CCTV A differential of 5% of the base hourly rate will be paid for only the actual hours performing the duties. All assignments will be in writing and approved by the Public Works Director on a form designated specifically for Pay Differentials. Approval for differential pay assignments is granted by the Public Works Director or designee for a period up to two weeks. Any assignment exceeding that time period will require approval of the City Manager.
9.3.5 The pay differentials specified in Sections 9.3.2, 9.3.3, and 9.3.4 shall apply only for actual hours worked in such differential entitled assignment and shall not be paid for non-work time, including holidays, vacation, or other paid leave. The pay differential shall be in addition to, and not included in, the employee's base pay, nor shall it be considered in determining benefits under City programs including, but not limited to, life insurance, long-term disability, or retirement programs, and shall not be used in calculating overtime.
9.3.6 Differential Pay for Communications Training Officer (CTO) for Qualified Dispatcher II and Lead Dispatchers
Given the increased complexity and significant requirements necessary for effective training of Dispatcher trainees, the City of Concord will provide a CTO pay differential equal to 5% of base pay for qualified Dispatcher II and Lead Dispatchers for the hours in which they are engaged in providing formal training as established by the P.O.S.T. CTO training program.
To be qualified for the training differential, an employee within those classifications must:
1. Have successfully completed relevant P.O.S.T.
requirements including completion of the P.O.S.T. CTO
Training Course; and
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2. Receive specific pre-authorization and assignment by Police Management as a CTO for a set period of time; and
3. Code to the CTO Training Differential solely those hours worked providing training to other Dispatchers within the formal training process in the capacity of CTO.
Two pay codes will be established; one for Day Shift and one for Evening Shift. This Training Differential will be reported to CalPERS as training pay, however any hours worked on overtime are excluded from CalPERS reported "compensation earnable" as per California Government Code Section 20635. The CTO Training Differential does not apply to hours in which formal training did not occur, or hours otherwise not worked, including holidays, vacation, compensatory time off, and sick leave.
Nothing in this section is intended to impact the expectation that all Dispatcher II and Lead Dispatchers shall provide general training support, mentoring and guidance to Dispatcher trainees, as specified in the existing job specifications for those classes. Rather, the Training Differential is for hours spent in providing training within the established formal P.O.S.T.
CTO training program.
9.3.7 Latent Fingerprint Examiner Certification Pay. The City will pay a premium of $120 per month to employees who are assigned to lift and analyze latent fingerprints and who have received the Latent Print Examiner Certification from the International Association for Identification.
9.3.79.3.8 The parties agree that to the extent permitted by law, the City shall report these pay differentials to CalPERS as special compensation under 2 CCR, Sections 571(a)(4) and 571.1(b)(3) as Special Assignment Pays.
9.4 Bilingual Pay
The City will pay $120 150 per month bilingual premium to designated employees who have been certified as fluent in a language that meets the City’s operational needs and who are routinely and consistently assigned to positions requiring communication skills in languages other than English.
The parties agree that to the extent permitted by law, the City shall report this pay to CalPERS as special compensation under 2 CCR, Sections 571(a)(4) and 571.1(b)(3) as Bilingual Premium.
9.5 Matron Duty
Matron Duty means the physical searching and/or transporting by vehicle of a female prisoner in the custody of the Police Department, aid in the care and custody of minor children, and other related activities.
9.5.1 In the absence of any available female Community Service Officer, Police