21 10.7.5 The parties agree that this is special compensation and shall be reported as such, to the extent legally permissible, pursuant to Title 2 CCR, Section 571(a)(4) and 571 (a)(3)- Training premium.
10.8 Master Police Officer and Master Police Sergeant Program The City’s Master Police Officer and Master Police Sergeant Program will have ended as of the first full pay period of July 1, 2026.
10.8.1 Police Officers. Police Officers will be eligible for Master Police Officer (MPO) designation upon satisfying each of the following:
10.8.1.1 Fifteen years of service as a sworn member of the Concord Police Department.
10.8.1.2 Successful completion of a minimum of three separate specialty assignments.
10.8.1.3 Possession of an advanced P.O.S.T. certificate.
10.8.1.4 Completion of the POST Field Training Officer Basic Course and Field Training Officer Update Courses as necessary to be qualified to serve as a Field Training Officer.
10.8.1.4.1 Any Master Officer that fails to attend
the necessary update courses to remain qualified to
serve as a Field Training Officer shall lose their
MPO designation until completion of the course. A
Master Officer that is unable to attend a required
course due to a work-related injury shall not lose
their Master Officer designation until 90 days after
their return to full duty.
10.8.2 Lateral Police Officers. Lateral Police Officers will be eligible for MPO designation upon satisfying each of the following:
10.8.2.1 A minimum of three years service as a sworn member of the Concord Police Department.
10.8.2.2 A sufficient number of years of service as a sworn member of another California P.O.S.T. certified agency such that the years of service with the prior agency and the three or more years of service with Concord Police Department total at least 15 years of combined service. Service with a certificated agency of another jurisdiction that has a reciprocal agreement with California will be considered qualifying service for purposes of this paragraph.
22 10.8.2.3 Successful completion of at least three special assignments, one of which must have been with the Concord Police Department.
Successful completion of the remaining separate specialty assignments must have been with another California P.O.S.T. certified agency or with a certificated agency of another jurisdiction that has a reciprocal agreement with California.
10.8.2.4 Possession of an advanced P.O.S.T. certificate.
10.8.2.5 Pay at the top step of the range for Police Officer.
10.8.2.6 Completion of the POST Field
Training Officer Basic Course and Field Training Officer Update Courses as necessary to be qualified to serve as a Field Training Officer.
10.8.2.6.1 Any Master Officer that fails to attend
the necessary update courses to remain qualified to
serve as a Field Training Officer shall lose their
MPO designation until completion of the course. A
Master Officer that is unable to attend a required
course due to a work-related injury shall not lose
their Master Officer designation until 90 days after
their return to full duty.
10.8.3 Sergeants. Sergeants will be eligible for Master Sergeant designation upon satisfying each of the following:
10.8.3.1 Seven years of service at the rank of sergeant with the Concord Police Department.
10.8.3.2Successful completion of two assignments as a
sergeant.
10.8.3.3 Possession of a Supervisory Certificate issued by the Commission on Peace Officer Standards and Training.
10.8.4 Special Assignments. For purposes of paragraphs 1, 2, and 3 above:
10.8.4.1 Special assignments include those assignments listed in section
10.5.3 of the current MOU, and the following previously-recognized special assignments: Public Information Officer, Crime Prevention Officer, Crime Scene Investigator, TNT/CNT, and Dispatch. Special assignments for lateral police officers will include assignments with their former agency that are comparable to those above or that require similar professional demands. The Chief will be solely responsible for determining the comparability of former agency specialty assignments.
23 10.8.4.2 Successful completion of a special assignment requires a minimum of one year of continuous service in the assignment with an evaluation of "Meets Standards" or above in all applicable performance dimensions.
10.8.4.3 SWAT and TNT/CNT will each be considered successfully completed special assignment upon completion of five years of continuous service with the appropriate team.
10.8.4.4 FTO/ PTO will be considered a successfully completed special assignment when the officer has served as an FTO or PTO for a minimum of one year and has trained at least three trainees through their designated phase of the training cycle. Officers who were assigned as an FTO for a minimum of one year prior to July 1, 2019, will be credited with a successfully completed special assignment without the minimum trainee requirement.
10.8.4.5 Special assignments shall not be made solely for the purpose of qualifying an officer for the Master designation; Departmental Procedure No. 28 will continue to govern the selection procedure.
10.8.4.6 Backup CSI will be considered a successfully completed special assignment when the officer has served as a Backup CSI for a period of three years (need not be continuous).
10.8.4.7 If the Backup CSI program is eliminated, any Officer having completed the equivalent of one year’s service as a Backup CSI will receive credit for successfully completing a special assignment.
10.8.4.8 Dispatch will be considered a completed Specialty Assignment for the purposes of consideration for the Master Police Officer program when the officer has successfully completed the required Dispatcher training and further completed a minimum of 360 hours of solo dispatching service at the Call Center. It is incumbent upon the officer to provide the requisite documents that show he/she meets the minimum requirements of 360 hours as a solo dispatcher.
10.8.4.9 An Unmanned Aircraft Systems ("UAS") team assignment will be considered a completed Special Assignment for the purposes of the Master Police Officer and Master Police Sergeant programs when all of the following have been met: (1) the officer has successfully completed three years of service on the Concord Police UAS team in a full duty capacity, (2) the officer is approved for deployments, (3) the officer has completed a minimum of 12 non-training related deployments as an operator or observer within the three years of full duty service of which at least two deployments are completed per year, (4) the officer maintained his/her required Federal Aviation Administration ("FAA") Remote Pilot certification(s) and met the minimum yearly training commitments as set forth in UAS Procedures.
Officers who perform the duties of observer and who have not been
24 selected to the UAS team will not be afforded these considerations for the purpose of the Master Police Officer or Master Police Sergeant programs.
10.8.5 Performance Evaluations
10.8.5.1 An MPO or Master Sergeant may lose the Master designation upon receipt of a “Needs Improvement” or “Unacceptable” performance rating in the Master Police Officer or Master Sergeant rating dimensions. In such an event, a follow-up review will be scheduled one month after the initial evaluation and the designation shall be restored if the rating has returned to “Meets Standards” or higher. Additional follow-up reviews will occur every 30 days, if necessary, until the rating has returned to “Meet Standards” or higher.
Due process per the Public Safety Officer’s Procedural Bill of Rights shall be followed to ensure proportionate sanctions for sub-standard performance. Skelly appeal rights guaranteed by this MOU shall apply to all such appeals. In the event that a Skelly meeting is warranted, the meeting shall be heard within seven (7) days of issuance of the designation of “Needs Improvement” or “Unacceptable” at a time as may be mutually agreed upon by the parties. Any loss of MPO or Master Sergeant pay shall not occur until the Chief of Police or designee notifies the employee in writing after the Skelly meeting and shall not be retroactive.
10.8.5.2 The performance dimensions for an MPO and Master Sergeant will include, in addition to the dimensions for police officer or sergeant, the following:
10.8.5.2.1 Act as a mentor offering counsel, advice, and training of fellow officers in developmental areas not
limited to In-Service, Briefing Training, Firearms, and/or Weaponless Defense.
10.8.5.2.2 Provide advice and counsel in areas of their specific expertise that will provide benefit to their fellow officers, the Department, City, and the Community.
10.8.6 Transferability. Upon achievement of the designation of MPO or Master Sergeant, the designation shall apply irrespective of the employee's current assignment within their respective rank.
10.8.7 Application Process. Each officer is individually responsible for initiating application for the Master designation and for providing the necessary supporting documentation. Police Administration will assist in procurement of necessary supporting documentation.
10.8.8 Pay Differential.
10.8.8.1 Police Officers and Sergeants who achieve the Master
25 designation shall receive an additional 10% of base pay.
10.8.8.2 A Police Officer who has achieved the designation of MPO, who is subsequently promoted to Sergeant, and who successfully completes Sergeant probation, shall receive an additional 5% of base pay. Should the Sergeant later achieve the Master Sergeant designation, the additional percentage of base pay as a Master Sergeant shall not exceed 10%.
10.8.8.3 A Police Officer who is promoted to Sergeant before completing 15 years service as an officer, but who otherwise meets the minimum specialty assignment criteria for the MPO designation, shall receive an additional 5% of base pay upon completing 15 years of combined service as a Police Officer and Sergeant and after the employee has successfully completed Sergeant probation. This differential shall be in effect until such time the employee qualifies for the Master Sergeant designation.
10.8.8.4 The parties agree that this is special compensation and shall be reported as such, to the extent legally permissible, pursuant to Title 2 CCR, Section 571(a)(1) and Section 571.1(b)(1) as Master Police Officer Incentive Pay.
10.9 Educational Pay
10.9.1 Educational Incentive Program. The City shall compensate members with the following levels of education as follows:
10.9.1.1 AA Degree 2.5% of base pay
10.9.1.2 BA Degree 5% of base pay
10.9.1.3 MA Degree 6% of base pay
10.9.1.4 Educational incentive pay does not stack.
10.9.1.5 The approved field of study for such degrees is to be broadly interpreted to provide for the professional growth of the member. However, to be eligible for education incentive pay, the degree must enhance the member’s ability to do their job, as determined and approved by the Chief of Police and Director of Human Resources. All members previously receiving compensation for a degree prior to January 1, 2023, shall not have that degree disallowed by this section. Once a degree has been approved for compensation under this section, it cannot be retroactively denied.
10.9.1.6 Education incentive pay shall be effective the first full pay period after the employee has provided the Police Chief or designee satisfactory proof that the appropriate degree has been obtained.
26 10.9.1.7 The parties agree that to the extent permitted by law, the City will report this pay to CalPERS as special compensation under 2 CCR 571(a)(2) and 2 CCR 571.1(b)(4), Educational Incentive.
10.9.2 Peace Officer Standard Training (POST) Certificate Program. The City shall compensate members with the following POST certifications as follows:
10.9.2.1 Intermediate POST 2.5% of base pay
10.9.2.2 Advanced POST 5% of base pay
10.9.2.3 POST certificate pay does not stack.
10.9.2.4 POST certificate pay shall be effective the first full pay period after the employee has provided the Police Chief or designee satisfactory proof that the appropriate certificate has been earned.
10.9.2.5 The parties agree that to the extent permitted by law, the City will report this pay to CalPERS as special compensation under 2 CCR 571(a)(2) and 2 CCR 571.1(b)(4), Peace Officer Standard Training Certificate Pay.
10.10 Temporary Upgrade Pay
10.10.1 A Police Officer or a Police Sergeant who is temporarily upgraded to a higher classification will have his/her salary step adjusted to the higher classification’s salary step that is the closest to an adjustment of at least five percent (5%) above the employee’s base salary, no greater than the top step.
10.10.2 When a Police Sergeant is temporarily upgraded to a higher classification, his/her conditions of employment will continue to be covered by this MOU.
10.10.3 If a Police Officer or Police Sergeant who is temporarily upgraded to a higher classification would have received a pay increase in their lower classification due to an annual step increase, contractual pay increase, obtaining educational incentive pay, obtaining a POST certificate, or earning Master Officer or Master Sergeant designation, their pay in the higher classification will be adjusted per 10.10.1 to reflect the pay increase.
10.10.4 The parties agree that to the extent legally permissible, temporary upgrade pay will be reported to CalPERS as special compensation for Classic members only, pursuant to 2 CCR 571(a)(3).
11. Holidays
11.1 The following holidays shall be observed:
New Year’s Day January 1st
27 Martin Luther King, Jr. Birthday The Third Monday in January Lincoln’s Birthday February 12th
President’s Day The Third Monday in February
(Washington’s Birthday)
Memorial Day The Last Monday in May
Independence Day July 4th
Labor Day The First Monday in September
Veteran’s Day November 11th
Thanksgiving Day The Fourth Thursday in November
The Day Following Thanksgiving
Christmas Eve December 24th
Christmas Day December 25th
and, every other day recognized by City Council as a City-observed public fast, thanksgiving, or holiday.
Prior to the first full pay period in July 2026, Except as described in Section 11.3 below, all holidays falling on a Saturday will be observed on the preceding Friday, and holidays falling on a Sunday will be observed on the following Monday.
11.2 Employees in pay status on the day the holiday is observed (except as described in Section 11.5 below) shall receive a holiday pay equal to the straight time daily equivalent of ten (10) hours pay.
11.3 Employees assigned to Patrol and any others designated by the Chief of Police will work all holidays which fall on their normal work schedule. For purposes of this section, holidays are the actual date of the recognized holiday and not the day these holidays are observed by the City.
11.4 All hours worked on holidays shall be paid at the rate of one and one-half (1.5) the rate described in Section 11.5 In addition, employees who work holidays will receive ten (10) hours of holiday pay. However, for the following six (6) holidays the employee may elect compensatory time credit in lieu of the ten (10) hours of holiday pay. In such event, the election shall be made by the employee before time cards are submitted to the Finance Department for the pay period during which the holiday occurred. The six (6) holidays for which this option applies are:
Lincoln’s Birthday
Martin Luther King, Jr. Birthday
President’s Day (Washington’s Birthday)
Memorial Day
Veteran’s Day
The Day Following Thanksgiving
11.5 The holiday pay rate referenced in Section 11.4 above is the employee’s base hourly rate of pay (that the employee receives in the publicly available pay schedule) plus the following items of compensation:
Section 10.3 Corporal Pay
28 Section 10.4 Longevity Pay
Section 10.5.3.1 Detective Special Assignment Pay
Section 10.5.3.2 Canine Special Assignment Pay
Section 10.5.3.3 Community Unit Officer Special Assignment Pay Section 10.5.3.4 Traffic (Motorcycle Officer) Special Assignment Pay Section 10.5.3.5 Traffic Investigator Special Assignment Pay Section 10.5.3.6 Special Enforcement Team Special Assignment Pay Section 10.5.3.7 MEHT Liaison Officer Special Assignment Pay Section 10.5.3.8 Administrative Services Officer Special Assignment Pay Section 10.5.3.9 Public Information Officer Special Assignment Pay Section 10.5.3.10 DARE Officer Special Assignment Pay
Section 10.5.3.11 School Resources Officer Special Assignment Pay Section 10.5.3.12 Crime Scene Investigator Special Assignment Pay Section 10.5.3.13 Foot Patrol / Downtown Beat Special Assignment Pay Section 10.6 S.W.A.T. Pay
Section 10.8 Master Police Officer and Master Police Sergeant Program Section 10.9 Education Pay
Section 10.10 Temporary Upgrade Pay (for Classic Members Only)
11.6 The City reserves the right to modify this language based on CalPERS requirements.
11.7 Effective July 1, 2026, or the first full pay period after Council approves this MOU, whichever is later, the following provisions shall replace 11.2 through 11.6 above.
11.5.1 All members of this bargaining unit shall be scheduled to work without regard for holidays and must work all holidays that fall on their scheduled work day. For purposes of this section, holidays are the actual date of the recognized holiday and not the day the holidays are observed by the City. If a holiday falls on an employee’s scheduled work day, the employee must request and obtain prior approval to use the appropriate paid leave to have the holiday off.
11.5.2 In lieu of paid holidays off, all members of this bargaining unit receive six and one half percent (6.5%) calculated on base wage. The 6.5% equates to approximately 0.542% of base pay or approximately 11.274 hours of base pay per holiday. If the City Council recognizes an additional observed holiday, the amount of holiday pay shall increase by 0.5%. The parties agree this holiday-in-lieu pay shall be reported to CalPERS as special compensation, unless directed otherwise by CalPERS.
11.5.3 All hours worked on holidays shall be paid at the rate of time and one-half (1.5). The premium paid for hours worked on a holiday shall not be reported to CalPERS, unless directed otherwise by CalPERS.
11.5.4 The City reserves the right to modify this language based on CalPERS requirements.
12. Vacations
12.1 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 fifty-six (56) hours straight-time pay. No vacation credit shall accrue to
29 an eligible employee who receives less than fifty-six (56) hours straight-time pay for the biweekly pay period. Such straight-time pay may consist of pay for regular hours worked; or pay for approved vacation, sick leave, or compensatory time off; holiday observed by the City, jury duty; or pay for Military Leave. Overtime hours worked, or any authorized leave of absence with pay other than those identified above shall not apply toward the accrual of vacation.
Accrual Rates:
During the 1st year 80 hours 3.077 hours per pay period During the 2nd year 96 hours 3.692 hours per pay period During the 3rd - 7th year 120 hours 4.615 hours per pay period During the 8th - 9th year 128 hours 4.923 hours per pay period During the 10th - 12th year 136 hours 5.231 hours per pay period During the 13th - 14th year 152 hours 5.846 hours per pay period During the 15th - 19th year 168 hours 6.462 hours per pay period During the 20th - 24th year 176 hours 6.769 hours per pay period During the 25th year & thereafter 200 hours 7.692 hours per pay period
12.2 In addition, ten (10) hours of vacation shall be credited to the Police Officer and Sergeant vacation balance on the first pay period of the calendar year. The additional ten (10) hours will be considered as accrued vacation for the purposes of the maximum vacation balance available under Section 12.5.
12.3 On September 9 of each calendar year, employees in pay status shall accrue an additional eight (8) hours of vacation in lieu of an Admissions Day holiday. Such vacation accrual shall occur at the end of the pay period which includes September 9 and shall be credited to the employee’s vacation balance regardless of the number of hours paid during the pay period. However, such vacation accrual shall not be credited in any amount that exceeds the employee’s vacation accrual maximum unless specifically authorized by, and at the sole discretion of, the City Manager after considering alternatives that may be available. The City agrees to provide advance notification to those employees who may, as a result of such crediting, exceed their vacation maximum so that they may schedule vacation time or initiate other appropriate action in order to avoid a loss. Such notification shall be with the understanding that it is the employee’s responsibility to initiate the appropriate request.
12.4 Any change in the vacation accrual rate shall be effective at the beginning of the pay period that coincides with or follows the completion of the qualifying years of employment.
12.5 The maximum vacation balance available for an employee at any one time shall be double the amount of the employee’s vacation accrual for the current anniversary year (to include the ten (10) hours credited in the first pay period of the calendar year per section 12.2). However, upon approval of the Chief of Police, up to twenty (20) additional days of vacation may be accumulated for a period not to exceed one (1) anniversary year.
12.6 No vacation accrual shall be permitted in excess of the amounts indicated above.
30 12.7 Vacation Usage
12.7.1 When possible, vacation should be taken within the year following the accrual year and must be requested in advance.
12.7.2 All scheduling of vacations is to be approved by the Chief of Police ordesignee and shall be based on the employee’s Department seniority for the police officer classification, or total time in classification for police sergeant, giving due consideration to the wishes of the employee and the work requirements of the City.
12.7.3 Vacation may not be taken beyond that amount accrued. The authorization by the Chief of Police for vacation does not constitute authorization of paid vacation beyond the balance on hand at the time such vacation is taken.
Exceptions may only be made upon the recommendation of the Chief of Police and Human Resources and the approval of the City Manager.
12.7.4 Employees shall not be charged vacation usage for paid holidays occurring during the vacation period. For all employees, including those on a variable workweek, the holiday is equal to ten (10) hours.
12.7.5 Vacation may be used for any authorized absence (except disciplinary suspension) when no other paid leave resource is available.
12.8 Accrual Rate Upon Re-employment, Reinstatement, or Rehire An employee shall retain the same vacation accrual rate in existence at the time of termination upon appointment from a Re-employment List; reinstatement into the Competitive Service; or rehire within one (1) year of termination. When a rehire is more than one (1) year from the date of termination, the vacation accrual rate shall be the same as applied to a new employee.
12.9 Cash Payment in Lieu of Vacation Time Off
For the purposes of reducing excess vacation accrual, employees may elect to receive compensation (“cash-out”), annually, for a maximum of forty (40) hours of accrued vacation each year, so long as eighty (80) hours of accrued vacation remain for the benefit of the employee after the cash-out is taken. This election must be made in writing no later than December 31 of the calendar year prior to when the cash-out is scheduled to occur. By way of illustration, employees seeking a cash-out in calendar year 2027 must submit their cash-out election by December 31, 2026. This compensation shall occur on the first full pay period in August following submission of the irrevocable election form (See Attachment D). No exceptions will be made to this policy. If the non-revocable election is not made by December 31, there will be no other opportunity to cash-out vacation accruals until/unless the non-revocable election is made by the employee on or before December 31 of the following year.
12.10 Vacation Pay Upon Termination
The equivalent cash value of the unused vacation balance as of the last workday
31 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.
12.11 Upon Death
Upon the death of an employee, payment of any unused vacation balance shall be made to that person designated by the employee on the Designation of Person to Receive Warrants or Checks Upon Death of Employee (Form No. PER 57) or to the employee’s estate.
13. Employment, Advancement and Retention
13.1 Probation
13.1.1 Employees appointed to the entry level class of Police Officer shall be placed on probationary status for eighteen months. Employees appointed to the class of Police Officer who possess a valid basic P.O.S.T. certificate shall be placed on probation for one (1) year. The probationary period may be extended for up to one (1) additional year with the approval of the Human Resources Department and written notice to the employee.
13.1.2 Employees appointed or promoted to the Sergeant classification shall be placed on probationary status for one (1) year. The probationary period may be extended for up to one (1) additional year with the approval of the Human Resources Department and written notice to the employee.
13.1.3 The probationary period shall be considered a part of the examination and selection process and shall not include time served under any limited service or provisional appointment, but shall begin on the date of appointment to the Police Officer or Sergeant classification after certification.
13.1.4 Leaves of absence or assignments out of the classification totaling more than thirty (30) calendar days, for any reason, shall not be counted toward completion of the probationary period. The probationary period will be extended the equivalent amount of any leave of absence exceeding thirty (30) calendar days.
13.1.5 During the probationary period, the employee may be rejected by the Chief of Police at any time without right of appeal or hearing, unless required by law.
13.1.6 An employee rejected during the probationary period from a position to which the employee has been promoted shall return to the position and status from which the employee was promoted, unless the reason for rejection would have been sufficient to cause dismissal from the former position as well. In such case, the employee shall be entitled to appeal dismissal as provided in this MOU.
13.1.7 Employees who successfully complete their probationary period and who resign and are subsequently reinstated from a reinstatement list shall have a
32 six (6) month probationary period. Newly appointed probationary employees who are on a leave status in excess of three (3) months shall commence a new probationary period upon return to work.
13.1.8 Where the probationary employee has performed satisfactorily during the probationary period, the Chief of Police shall recommend to the Human Resources Department in the final probationary performance evaluation report, that the employee be considered for permanent appointment to the applicable classification. Employees who have not performed satisfactorily shall either be rejected pursuant to paragraph 13.1.5, or the probationary period extended pursuant to paragraph 13.1.2.
13.2 Status of Employee
An employee appointed to a Police Officer or Sergeant classification in the competitive service shall earn permanent status in the classification only if the employee has been selected by Lateral Entry or Direct Appointment, or selected from an appropriate employment list and successfully completes the designated probationary period. Once the employee gains status in a classification, that status is retained as long as the employee holds a position in that classification.
13.3 Demotions
An employee in any classification covered in this MOU may be demoted to the next subordinate classification (a) upon the employee’s request, (b) as a result of a reduction in force, (c) for disciplinary reasons, or (d) for other cause. In all cases the Chief of Police shall approve the demotion and notify the employee in writing of the action. Upon demotion, the employee will assume permanent status in the next subordinate classification and lose permanent status in the classification from which the employee was demoted. The pay shall be determined as follows:
13.3.1 Non-disciplinary Demotion. The employee shall be placed on the salary step in the next subordinate pay range that the employee would have achieved had the employee not been promoted to the classification held at the time of the demotion. The employee’s previous anniversary date shall be retained.
13.3.2 Disciplinary Demotion. In the event of a disciplinary demotion, which is subject to the disciplinary appeal procedure, the employee shall be placed on the salary step in the next subordinate pay range which is at least one (1) step less than the dollar amount received in the pay range held at the time of the demotion. The employee’s original anniversary date in the lower rank shall be reinstated.
13.4 Status While on Authorized Leave of Absence Without Pay Authorized leaves of absence without pay shall not cause a break in service, and rights accrued at the time the leave is granted shall be retained by the employee.
However, vacation credits, sick leave credits, holidays, health benefits, and retirement benefits, increases in salary, and other similar benefits shall not accrue
33 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.
13.5 Status of an Employee Upon Resignation or Retirement Employees who resign or retire give up permanent status and employment rights with the City, except as otherwise provided by the Personnel Rules, the Personnel Ordinance, or other Policy & Procedures or Administrative Directives or other provisions of this MOU or relevant state or federal laws dealing with personnel matters. Employees who resign are expected to provide reasonable notice (usually two weeks) of their intent to resign and must be physically present and actively at work up through their date of termination.
13.6 Seniority
13.6.1 Police Officer. Total time in classification will be used for determining assignments for those items covered by seniority bid, i.e., vacation, days-off, and shift assignments, etc. Special assignments within the Police Officer classification shall not interrupt total seniority in classification.
13.6.2 Police Sergeant. Police Sergeants assigned to Uniform Services, total time in classification will be used for determining assignments for those items covered by seniority bid, i.e., vacation, days-off, and shift assignments, etc. 14 Leaves of Absence with Pay
14.1 Sick Leave
Employees will accrue sick leave at the rate of 3.692 hours credited at the end of each full biweekly pay period during which such an employee receives at least fifty-six (56) hours of straight-time pay. No sick leave credit shall accrue to an employee who receives less than fifty-six (56) hours straight-time pay for the biweekly pay period. Such straight-time pay may consist of pay for regular hours worked, pay for approved vacation, sick leave, compensatory time off, an observed holiday, jury duty; and/or City pay for military leave. Overtime hours worked and/or any authorized leave of absence with pay shall not apply toward the accrual of sick leave. Sick leave may be accumulated without limit.
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 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
34 upon re-employment with the City. Upon retirement, or upon termination if eligible for retirement, accrued sick leave may be converted as described in Section 19.8 below.
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 leave of absence without pay for the period commencing with cessation of work to the date released to return to work by the attending physician. The use of additional vacation or compensatory time off to extend the period of paid leave is at the discretion of the Chief of Police in accordance with the provisions of the City’s Family Medical Leave Policy, Policy and Procedure.
14.1.4 Use of Sick Leave. An eligible employee may use accrued sick leave for the following:
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 of a member of the employee’s immediate family.
14.1.4.3 In the event a scheduled medical or dental appointment for the eligible employee, the employee’s spouse or registered domestic partner, or the employee’s dependent children that requires the employee’s absence from work.
14.1.4.4 For any other reason as permitted by law.
14.1.5 Limitations.
14.1.5.1 Sick leave shall not be used in lieu of or in addition to vacation.
14.1.5.2 If an employee is on sick leave on the day the City observes a holiday, that day shall not be counted as a day of sick leave.
14.1.5.3 If an employee’s request for use of sick leave would otherwise be approved, but there is no sick leave balance available for use, then the absence shall be charged to whatever vacation or compensatory time balance the employee may have. If there are no such balances available, then the time off shall be recorded as authorized leave of absence without pay.
14.1.5.4 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
35 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.”
14.1.5.5 Misuse of sick leave may be cause for disciplinary action, including possible discharge.
14.1.5.6 Lack of proper notification or lack of evidence of illness or injury, or due to limitations set forth in this Section 14.1.5, may be cause for denial of the use of sick leave.
14.1.5.7 When an employee has been absent for three or more consecutive days, the employee’s supervisor, appointing authority, or the Human Resources Director may require the employee to provide a physician’s certificate, or other similar evidence, to support the need for an absence for which sick leave was requested.
14.1.5.8 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.
14.1.6 Proper Notification. Employees shall provide, or make a diligent reasonable effort to provide, notice of absence to the immediate supervisor or the supervisor’s office (or to such person clearly designated by the immediate supervisor) within one (1) hour preceding the employee’s work shift on the initial workday for which sick leave is being requested. The Chief of Police may, however, establish an earlier notification time that is to be observed by the employee.
14.2 Administrative Leave
An employee placed on administrative leave shall remain in pay status and shall be eligible for all benefit accruals as though actively at work. During a period of administrative leave, an employee shall remain in an on-call status during the regular work hours and be ready, able and available for work.
14.3 Jury Duty
The City shall provide Jury Duty leave with pay for those employees called or selected to serve for Court Jury Duty subject to the following:
14.3.1 An employee called for Jury Duty shall immediately notify the Chief of Police through the immediate supervisor by providing the Jury Summons indicating the date, time, and place or for a summons for call-in jury service.
An employee serving on Jury Duty may remain in a regular pay status and turn over to the City Jury Duty fees received (other than Court paid mileage allowance), or
36 an employee may take vacation leave, compensatory leave, or leave without pay and retain all Jury Duty fees and allowances. Jury service performed on days where the employee would not have been regularly scheduled to work, are not compensated by the City.
14.3.2 Employees remaining in regular pay status shall immediately pay to the City’s Finance Department, through their department head, such amounts as received for Jury Duty fees.
14.3.3 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.
14.4 Bereavement Leave
Upon the death of a family member, employees are permitted to use up to five (5) paid days of bereavement leave. Days of bereavement leave need not be consecutive but shall be completed within three months of the date of the death of the family member.
For the purpose of this section “family member” is defined as spouse or registered domestic partner, child, parent, sibling, grandparent, grandchild, domestic partner, or parent-in-law.
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.
15. Authorized Leave of Absence without Pay
15.1 Personal Leave
15.1.1 An employee shall not be entitled to a leave of absence as a matter of right, but upon request may be granted a leave of absence without pay upon good and sufficient reason. The granting or denial of such leave shall not be subject to the grievance or complaint procedure.
15.1.2 Authorization for Personal Leave of Absence without Pay. An employee’s request for leave of absence without pay may be granted by the Chief of Police for a period of up to five (5) working days. Upon recommendation of the Chief of Police and the Human Resources Department, requests for leaves of absence without pay for periods greater than five (5) days, but for no more than two (2) years, may be granted by the City Manager. The denial by the City Manager of an unpaid leave of absence request may be appealed to the Personnel Board.
15.1.3 Early Return from Authorized Leave of Absence without Pay. An employee may request permission from the appointing authority to return from an authorized leave of absence prior to the expiration of such leave. Such a request
37 may be granted at the discretion of the Chief of Police.
15.1.4 Failure to Return from Authorized Leave of Absence without Pay.
Failure of an employee to return to employment upon the termination of any authorized leave of absence without pay shall constitute a separation from service of that employee, unless such leave is extended by the appropriate authority as specified in Section 15.1.2.
15.2 Authorized Leave of Absence without Pay for Military Duty
15.2.1 The Uniformed Services Employment and Reemployment Rights Act of 1994, 38 U.S.C. §4301, et seq. and the California Military and Veteran’s Code, §389, et seq., describe the benefits and protections of employees serving in the military.
15.2.2 Notwithstanding any provisions of the federal or state laws which might provide a lesser leave, reemployment, and/or reinstatement right, an employee shall be granted a leave of absence without pay for an indefinite period of time
when the employee is called into active military service. A leave of absence without pay may be granted by the Chief of Police with the approval of the Human Resources Department for an employee who volunteers or enlists for active military service. Leave of absence without pay shall be automatically terminated for those who voluntarily extend or accept extension of their military service period.
15.3 Family Care Leave
Family care leave shall be as mandated by state and federal law, provided that the specific family care leave provisions of this MOU shall not be reduced during the term of this Memorandum of Understanding.
15.4 Catastrophic Leave
A voluntary employee leave donation program has been established as provided in the City’s Catastrophic Leave Policy and Procedure.
16. Discipline
16.1 Rules of Conduct
Disciplinary measures may be taken for any good and sufficient cause. Cause for disciplinary action shall include:
16.1.1 Fraud in securing appointment or falsification concerning records, fellow employees, or work performed.
16.1.2 Incompetency or inefficiency.
16.1.3 Inexcusable neglect of duty.
38 16.1.4 Insubordination.
16.1.5 Willful disobedience.
16.1.6 Endangering self or others; or failure to follow adopted safety practices, or failure to properly use required personal protective gear or equipment.
16.1.7 Use, purchase, transport, or sale of illegal drugs. This does not include the purchase, transportation, or sale of illegal or controlled drugs as part of necessary performance of duties.
16.1.8 Unless directed to do so by a supervisor as part of necessary performance of duties, (a) consuming any alcoholic beverage during any portion of duty time (including coffee breaks, paid or unpaid lunch, contract work and overtime hours worked), or (b) purchasing or transporting for personal use any alcoholic beverage during any portion of paid duty time.
16.1.9 Reporting for or performing duty under impairment as a result of alcohol and/or drug abuse.
16.1.10 Dishonesty or immorality.
16.1.11 Conviction by any state or by the Federal Government for a crime, the punishment for which could have been imprisonment in a federal penitentiary or a state prison; or conviction of any crime involving moral turpitude.
16.1.12 Unauthorized absence without leave.
16.1.13 Discourteous or non-cooperative treatment of the public or other employees.
16.1.14 Misuse of or misappropriation of City property funds.
16.1.15 Improper political activity as defined in Section 11311 of the Personnel Ordinance.
16.1.16 Failure to abide by any condition of employment stipulated in the Personnel Ordinance; Personnel Rules, any personnel Policy & Procedure, Administrative Directive or Memorandum of Understanding used in the establishment and maintenance of the City’s personnel program; or by formal action of the Council or Board.
16.1.17 Failure to meet financial obligations to the extent that this leads to repeated attachment or garnishment of wages.
16.1.18 Acceptance of gifts or gratuities for favors or services performed during the course of City employment or due to City employment.
16.1.19 Any other acts or omissions which are incompatible with or unfavorable
39 to the public service.
16.2 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.
16.2.1 Written Reprimand. When used as a disciplinary action a written reprimand is an official notification to the employee that there is cause for dissatisfaction with the employee’s services and that further disciplinary measures may be taken if the cause is not corrected. Written reprimands shall be given in the manner and on forms prescribed or accepted by the Human Resources Department. Written reprimands shall be made a part of the employee’s official personnel record and may be considered as pertinent evidence or information in any hearing.
16.2.2 Suspension without pay shall be a temporary separation from City service not to exceed thirty (30) consecutive days.
16.2.3 Reduction in Step within range as a disciplinary measure is the withdrawal of step advancements granted for merit, efficiency, and length of service. Reduction in pay shall become effective on the effective date of the disciplinary action. In such case, the employee will be considered for future step advancement in accord with section 7.2 unless a shorter period is designated in the Order of Disciplinary Action.
16.2.4 Demotion without consent as a disciplinary action shall be a reduction in classification to a classification having a lower maximum salary. Demotion without consent may be made to the classification having the lowest maximum salary in the classification series or a classification series comparable to that within which the employee’s position is located. The demotion may be to any designated step in the lower pay range which is at least one (1) step lower than the dollar amount received in the pay range for the classification from which demoted. The employee’s original anniversary date in the lower rank shall be reinstated. The demotion may be for a temporary period if so designated in the Order of Disciplinary Action.
16.2.5 Dismissal means the termination of an employee from the City service.
16.2.6 Warning Notice. A Warning Notice is an informal procedure used by a supervisor to caution an employee and is not an official disciplinary action. The warning notice may be issued verbally or in writing. If the notice is presented in writing, the form titled “Employee Discussion Record” (Form PER 30) shall be used, and it shall be retained within the employee’s department and purged after one (1) year if the situation corrects itself. In using this procedure, a written warning is not to be forwarded to the Human Resources Department for filing in
40 the employee’s official personnel file. Warning notices are not subject to either the grievance procedure or discipline appeal process; however, they may be considered as pertinent evidence or information in any hearing resulting from any subsequent official action taken.
16.3 Authority for Disciplinary Actions
The Chief of Police shall have authority to take disciplinary action, provided also that the Chief of Police shall delegate to subordinate supervisory employees the authority to make immediate suspensions in emergency situations. The duration of such suspensions may not be stipulated, however, except by the Chief of Police. The Human Resources Department shall be notified of any contemplated disciplinary action prior to the time it is taken, provided that in emergency situations or other instances when prior notification is not practicable, the Human Resources Department may be notified as soon as possible subsequent to the time the action is taken.
16.4 In the conduct of any pre-disciplinary investigation or interrogation the employee shall be afforded the due process protections contained in Government Code Section 3300 et. seq.
16.5 Notice to Employees
Before taking any of the disciplinary actions specified in Section 17.2 against any employee who has passed the applicable probationary period, the City shall personally serve the employee with a “Notice of Intent to Take Disciplinary Action.” Such notice shall contain:
16.5.1 A statement describing the proposed disciplinary action.
16.5.2 A reference to the rule or standard violated.
16.5.3 A summary of the facts, including acts or omissions, which substantiate that the rule or standard was violated.
16.5.4 A statement that the employee may review and request copies of materials upon which the proposed disciplinary action is based.
16.5.5 A statement that the employee may respond to the Notice of Intent to Take Disciplinary Action orally and/or in writing before the action is taken.
16.6 Employee Response
If the employee would like to respond orally, the employee must notify the City in writing within seven (7) calendar days from the date the employee received the Notice of Intent to take Disciplinary Action. If a timely request was made, a pre- disciplinary conference shall be set for a mutually agreeable date, time, and location to take place no later than twenty-one (21) calendar days from the date the employee requested the conference. If the parties fail to reach a mutually agreeable date, time, and location for the pre-disciplinary conference, by the
41 twenty-one (21) calendar day deadline, the City shall unilaterally set the pre- disciplinary conference date, time, and location, but no sooner than seven (7) calendar days from when the City issues notice of unilaterally setting the conference date, time and location.
If the employee would like to respond solely in writing, the employee has twenty one (21) calendar days from the date the employee received the Notice of Intent to Take Disciplinary Action. If the employee has requested a pre-disciplinary conference, the written response must be received by 5:00 pm the day prior to the pre-disciplinary conference.
The parties may modify these response deadlines by mutual agreement, which shall be effective only upon written confirmation by the City.
If the employee does not respond within the timeframes set forth in this section, or within an authorized extension period, the right to respond shall be forfeited.
16.7 Order of Disciplinary Action
At the expiration of the response period, and after consideration of the employee’s response, if any, the Chief of Police shall determine if disciplinary action is warranted. If so, a written notice, including specific charges as to offense and the time, place, and circumstances of such offense shall be made to the employee at the time when any disciplinary action is made effective, provided that in emergency situations or other instances when simultaneous notification is not practicable, written notification may be given the following calendar 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.
16.8 Effective Date
Disciplinary action shall be effective as of the time designated by the Chief of Police, provided that no disciplinary action shall be recorded with an effective date which is prior to the date such action is taken. In addition, except for suspensions under emergency situations, the effective date shall not be earlier than the date of the notice of Order of Disciplinary Action.
16.9 Right of Appeal
An employee who has received a disciplinary written reprimand, or who has been suspended, demoted, dismissed, or whose pay step is reduced in the pay range shall be entitled to request a hearing as set forth below.
16.10 Employee Representative
At any step in the discipline appeal procedure, the employee concerned will be represented by the Union or, alternatively, may elect self-representation or representation by legal counsel. In either case, the employee concerned shall be personally present at all stages unless that employee specifically waives the right in writing.
42 16.11 Appeal Procedure
Within fourteen (14) calendar days of the employee’s receipt of Order of Disciplinary Action, the employee may request in writing to the Human Resources Director that the disciplinary decision be appealed to either, but not both, the Personnel Board or an arbitrator. In appeals of disciplinary written reprimands, the arbitration procedure, if elected, shall be an expedited procedure as described below.
16.11.1 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.
16.11.2 Arbitrator. Except as may be otherwise provided herein, the arbitration shall be conducted in accordance with the provisions of California Code of Civil Procedure, Section 1280 et seq. The decision of the arbitrator shall have the effect of a judgment.
Unless the parties mutually agree on an appropriate arbitrator within ten (10) calendar days from the date the employee requested to appeal the disciplinary decision to arbitration, the City shall request a list of no more than ten (10) names provided by the California State Mediation and Conciliation Service (CSMCS).
Once the list is received, the parties shall select an arbitrator within ten (10) calendar days by alternately striking names from the CSMCS list. 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 (1) name from the list until one (1) name remains and such person shall act as the arbitrator. The next to the last name stricken shall be the alternate arbitrator to serve in the event the first arbitrator is not available. This procedure shall be followed until there is an available arbitrator.
The cost of retaining the arbitrator and the incidental expense of the hearing shall be borne equally by the parties. However, if a party unilaterally cancels a scheduled arbitration after the arbitrator’s cancellation deadline, that party shall pay one hundred percent (100%) of the arbitrator’s cancellation fee. If the parties jointly cancel a scheduled arbitration after the arbitrator’s cancellation deadline, the arbitrator’s cancellation fee shall be borne equally by the parties.
16.11.2.1 Hearings on Appeals of Disciplinary Written
Reprimands – Expedited Arbitration.
Hearings on appeal of disciplinary written reprimands shall occur within 30 days of the selection of the arbitrator. Arbitrators selected for this expedited process shall have a minimum of five years of full time arbitration experience, including experience in expedited processes without written briefs. The arbitration process shall last a maximum of one (1) calendar day. No briefs shall be filed or received, and the matter shall be the subject of oral argument only, at the conclusion of the day of hearing. The arbitrator shall announce his or her decision from the
43 bench, and/or may issue a written confirmation of the award within three days thereafter. The award shall succinctly state the issue, facts, rationale and conclusion.
16.11.2.2 Hearings on Appeals of Other Disciplinary Actions Subject to the availability of the arbitrator, hearings on appeal of disciplinary actions other than written reprimands shall occur as soon as practicable but no later than within six (6) months of the selection of the arbitrator, unless the parties agree otherwise. If an arbitration has not commenced within the six (6) month period and the parties have not agreed otherwise, the parties shall submit the matter to the selected arbitrator to set the hearing on a date within three (3) months that is binding on both parties, or as soon thereafter, subject to the availability of the arbitrator.
16.11.3 Decision—Final and Binding. The decision of the Personnel Board or the arbitrator, whichever is selected, shall be made in writing within fourteen (14) calendar 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.
16.11.3.1 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:
16.11.3.1.1 There is not evidence to justify the
disciplinary action taken.
16.11.3.1.2 A violation or omission of procedure for
disciplinary action was made, which violation or omission resulted in prejudice to the employee.
16.11.3.1.3 The action taken resulted from political,
religious, or racial bias or prejudice.
16.11.3.1.4 The action taken was unreasonable,
capricious, or arbitrary in view of the offense, the
circumstances surrounding the offense, and the past record of the employee.
16.11.3.2 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
44 initial action under Section 16.8 and ending with the date of final decision.
16.11.3.3 Limitation. No reimbursement shall be made for any portion of the said period during which the employee was not ready, willing, and able to perform the duties of the position (excluding bona fide sick leave).
16.12 Waiver of Steps or Time Limits
Notwithstanding any provision in this section, any time limit or stage of procedure specified in this section may be waived upon consent of all parties involved.
16.13 No Interruption of Work
During the determination of a discipline appeal herein, there shall be no interruption of scheduled work relating to the discipline appeal, except as provided by Section 16.10. Nothing herein prevents the presentation of testimony, during duty time, for employee-witnesses per prior arrangement with the Department or through the subpoena procedure set forth at California Code of Civil Procedure, Section 1282.6. Scheduling of such witnesses shall be in accordance with operational requirements; employee-witnesses must obtain prior approval from the Department (at the supervisor-level or higher) prior to their appearance.
17. Grievance Procedure
17.1 Definition
A grievance is any dispute which involves the interpretation or application of any provision of this MOU, or an alleged violation of any provision of the Personnel Ordinance, Personnel Rules, Policy and Procedure, Resolution of Council, or Administrative Directive dealing with personnel matters, excluding, however, those provisions of this MOU which specifically provide that the decision of any City official shall be final.
17.2 Employee Representative
At any step in the grievance procedure, the employee concerned will be represented by the Association or, alternatively, may elect self-representation or representation by legal counsel. In either case, the employee concerned shall be personally present at all stages unless that employee specifically waives the right in writing.
17.3 Class Actions & Association Grievances
In the event more than one (1) employee is directly involved with an issue, the employees may, at any step in the grievance procedure, name one (1) of their members to carry the grievance through the procedure as a class action and be represented by the Association. In a class action grievance, that named employee
45 directly concerned shall be personally present at all stages. The Association will have the sole discretion to advance any Class Action Grievance to the Fourth Step.
17.4 Parties’ Intent
It is the intent to deal with and settle grievances informally and at the nearest practical organizational level and as promptly and fairly as possible. Whenever feasible, grievances will be handled during the regularly scheduled working day hours of the parties involved.
17.5 Procedure
17.5.1 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.
17.5.2 Second Step. If a mutually satisfactory solution of a grievance as specified in the paragraph above is not reached, then within fourteen (14) calendar days of the discussion with the immediate supervisor, the employee or employees aggrieved may reduce the grievance to writing. The grievance shall set forth all of the issues involved; shall be dated and signed by the employee or employees; and shall be submitted to the Chief of Police. The Chief of Police or the person appointed by the Chief of Police to hear and determine the grievance at this step shall make such investigation of the facts and issues as is required and reach a conclusion at the earliest date consistent with the nature of the investigation and with normal conduct of the department’s business. Upon reaching such conclusion, but in any event within fourteen (14) calendar days of the receipt of the grievance statement, the Chief of Police or designee shall reply in writing stating the department’s view of the issue involved.
17.5.3. Third Step. If the grievance has not been disposed of in the second step, the employee, within fourteen (14) calendar 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 twenty (20) calendar 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.
17.5.4 Fourth Step. Within fourteen (14) calendar 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.
17.5.5 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.
46 17.5.6 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 Mediation & Conciliation Service. After a toss of the coin to decide which party shall move first, the representative of the City and the employee (or the employee’s representative) shall alternately strike one (1) name from the list until one (1) name remains, and such person shall act as the arbitrator. The next to the last name stricken shall be the alternate arbitrator to serve in the event the first arbitrator is not available. This procedure shall be followed until there is an available arbitrator.
The cost of retaining the arbitrator and the incidental expense of hearing shall be borne equally by the parties.
17.5.7 Decision—Final and Binding. The decision of the Personnel Board or the arbitrator, whichever is selected, shall be made in writing within fourteen (14) calendar 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.
17.6 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 and/or extended upon consent of all parties involved.
17.7 No Interruption of Work
During the determination of a grievance herein, there shall be no interruption of scheduled work relating to the grievance, except as provided for in Section 16.13.
18. Safety and Health
18.1 Safety
18.1.1 Safety Committee. There shall be a City Employee Safety Committee.
Committee members shall designate a chairperson and vice chairperson, one (1) 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 (2) committee members and one (1) alternate for each representation unit. If the Union elects not to
47 make an appointment, the City Manager may.
18.1.2 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:
18.1.2.1 The City shall provide one (1) 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.
18.1.2.2 To obtain safety glasses, employee shall first contact the Human Resources Department to secure the necessary order form.
18.1.2.3 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.
18.1.2.4 One (1) 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.
18.1.2.5 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.
18.2 Wellness Program
The City shall maintain a Wellness Program for all City of Concord employees.
18.3 Fit for Duty
18.3.1 The City requires that all employees be capable of performing the essential functions with or without reasonable accommodation of his/her assigned position. The City may require employees to be subject to medical examinations which shall be arranged by and conducted at the City’s expense to determine fitness for duty.
18.3.2 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
48 interactive process to determine if workplace restrictions can be reasonable accommodated within the employees current position or in another available position for which the employee is qualified.
18.4 Stress Management
The parties agree on the importance of continuing to provide stress management awareness and training opportunities.
19. Benefit Plans
19.1 Group Medical Coverage
19.1.1 Active Employees
19.1.1.1 The City shall continue to contract with CalPERS for medical insurance plans for unit employees through the term of this Agreement.
19.1.1.2 The City shall pay 90% of the Kaiser premium at each rate of coverage (Employee Only, Employee plus 1, and Employee plus 2 or more):
Employee only $671.82
Employee + One (1) Dependent $1,343.65
Employee + Two (2) or more
Dependents
$1,746.74
19.1.1.3 Beginning with Plan year 2017, the parties agree to share seventy-five percent (75%) City and twenty-five percent (25%) employee any future increases (or decreases) in the Kaiser premium.
The City contribution towards medical premiums shall be calculated as follows: 90% of 2016 Kaiser premium + ((current Kaiser premium – 2016 Kaiser premium)*(.75))
Sixty (60) days prior to the effective date of the new Kaiser premium rates, as announced by CalPERS, the parties will meet to calculate the City and employee contributions.
19.1.2 Flexible Spending Account (IRC Section 125):
19.1.2.1 The City maintains a Flexible Spending Account pursuant to IRC Section 125.
19.1.2.2 The City makes a direct contribution to CalPERS equal to the minimum employer contribution for employees participating in the Public Employees Medical and Hospital Care Act (PEMHCA) on behalf of each active employee.
49 19.1.2.3 The City’s total contribution on behalf of each active employee is an amount which, together with the minimum PEMHCA contribution, equals the City contribution calculated in Section 19.1.1.
For 2026, the PEMHCA minimum is $162 per month.
[HISTORICAL EXAMPLE: If the PEMHCA minimum
contribution is $136, and the City’s share of premium for Employee Only is $671.82, then the City will make a direct PEMHCA payment of $136 and make available $535.82 to the employee under the premium conversion arrangement.]
19.1.2.4 Employees with medical coverage from a source other than through their employment with the City may request that their medical coverage as employees of the City be terminated; and shall, in lieu of that coverage be paid as follows:
• For those qualified and hired by the City of Concord before January 1, 2015, Medical in Lieu shall be $184.62 per pay period.
• For those qualified and hired by the City on or after January 1, 2015, Medical in Lieu shall be $92.31 per pay period.
Medical in lieu payments will begin the first pay period after health insurance coverage would be effective.
Employees who opt out of the CalPERS medical plan and receive cash must provide the following: (1) proof that the employee and all individuals for whom the employee intends to claim a personal exemption deduction (“tax family”), have or will have minimum essential coverage through another source (other than coverage in the individual market, whether or not obtained through Covered California) for the plan year to which the opt out arrangement applies (“opt out period”); and (2) the employee must sign an attestation that the employee and his/her tax family have or will have such minimum essential coverage for the opt out period. An employee must provide the attestation every plan year at open enrollment or within thirty (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.
19.1.2.5 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
50 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
19.1.3 Retiree Medical Insurance
Current employees hired prior to 8/2/2016 and who meet the requirements set forth in this section shall be vested per the following vesting schedule up to the flat dollar contribution rates set forth in the chart below, determined by the level of coverage selected (Single Party, Two-Party, and Family) and plan type:
19.1.3.1 Vesting Schedule:
• 0 – 9 years of City of Concord service – PEMHCA minimum • 10 – 14 years of City of Concord service – Two-Party
• 15+ years of City of Concord service – Family
By the term “vested”, the parties hereby expressly demonstrate their intent to memorialize the obligation of the City to provide the retiree medical insurance benefit described in section 19.1.3.3 to eligible future retirees (those hired prior to August 2, 2016) who retire directly from the City of Concord. Eligible retirees may elect to participate in or drop out of retiree medical coverage during any Open Enrollment period; however the employer contribution only applies for the period(s) of time that the eligible retiree is participating in retiree medical coverage through the City. The City’s obligation described herein will not cease upon expiration, termination or modification of this agreement.
19.1.3.2 Exception for Current Employees who become disabled and retire from the City of Concord and CalPERS:
Current employees (those hired prior to the date of this agreement) who become disabled during the course of their employment shall not be subject to the vesting schedule for retiree medical benefits.
19.1.3.3 Plan Types:
• Basic Plan (Pre-Medicare)
• Supplemental Medicare Plan (Retiree and dependent(s) are Medicare eligible)
• Combination Plan (when at least one (1) covered party – retiree or dependent are Medicare eligible but at least one (1) of the other covered individuals is not Medicare eligible)
51 Plan Type – Basic Plan (Pre-Medicare)
Level of Coverage City Monthly Contribution
Single Party Only $671.82
Two-Party $1,343.65
Family $1,746.74
Plan Type – Supplemental Medicare Plan Type (Retiree and dependent(s) are all Medicare eligible) Level of Coverage City Monthly Contribution
Medicare Retiree Only $287.52
Medicare Retiree+1 Medicare Dependent $575.04
Medicare Retiree+2 or more Medicare Dependents $862.56
Plan Type – Combination Plan Type Option 1 (Retiree is Medicare eligible, but dependent(s) are not) Level of Coverage City Monthly Contribution
Medicare Retiree+1 Basic Dependent $937.30
Medicare Retiree+2 or more Basic Dependents $1,321.01
Medicare Retiree+1 Medicare Dependent+1 or more Basic Dependent(s) $974.16 Plan Type – Combination Plan Type Option 2 (Retiree is not Medicare eligible, but one or more dependent(s) are)
Level of Coverage City Monthly Contribution
Basic Retiree+1 Medicare Dependent $937.30
Basic Retiree+2 or more Medicare Dependents $1,235.10
Basic Retiree+1 Basic Dependent+1 or more Medicare Dependent(s) $1,321.01
52 19.1.3.4 Retiree contributions will vary based on future changes to health premiums and health plan selected. However, the City contribution shall be fixed at the levels listed above.
In the event that the retiree selects a medical plan with a premium less than the City’s fixed contribution, the City shall pay the lesser amount.
19.1.3.5 Employees hired on or after 8/2/2016 and employees hired before 8/2/2016 but who work fewer than ten (10) continuous years for the City of Concord shall have no vested right to retiree medical benefits and shall only be entitled to the minimum contribution rate provided by law. However, any employee who retired directly from City of Concord and was eligible for the retirement medical benefit prior to 8/2/2016, but subsequently returns to employment with Concord shall retain his/her eligibility for retirement health benefits pursuant to 20.1.3.
In addition, any employee who has received a conditional offer of employment with the City prior to 8/2/2016 shall be treated as an active employee on the effective date for purposes of section 18.1.3. Further, those participating in the Police Academy training session #181 (only) who are subsequently hired directly by the City as Entry Level Police Officers will likewise be treated as an employee on the effective date for purposes of section 18.1.3.
19.1.3.5.1 The continuous City service requirement in Section
19.1.3.5 applies only to the initial qualification for retiree medical benefits under Section 19.1.3. Employees hired before 8/2/2016 who serve ten (10) or more years and retire directly from the City may aggregate prior service in calculating City contribution levels in Section 19.1.3.1.
Example 1. Employee 1 is initially employed by the City in 1995, works for the City for ten (10) years and then leaves. This employee is rehired by the City on August 30, 2016 and elects to retire from the City in December 2018. Although Employee 1 has twelve (12) years of total City service, Employee 1 is only eligible to receive the PEMHCA minimum contribution because their employment with the City immediately preceding retirement began after 8/2/2016.
Example 2. Employee 2 is initially hired by the City in 1990 and works for twelve (12) contiguous years. Employee 2 leaves City service in 2002, but is rehired by the City in 2006 and works continuously for twelve (12) years until 2018 when Employee 2 retires. Because (a) Employee 2’s employment with the City immediately preceding retirement began before August 2, 2016, (b) Employee 2 worked more than ten (10) contiguous years during the second stint of employment, and (c) Employee 2 retired directly from the City, Employee 2 is eligible for the Family level of flat dollar contribution based on their twenty-four (24) years of cumulative service, although not contiguous.
53 Example 3. Employee 3 is initially hired by the City in 1995, works for the City for ten (10) years and leaves for another agency. Employee 3 is rehired by the City in 2012 and retires from the City in 2018, after six (6) years of service. Employee 3 is only eligible to receive the PEMHCA minimum contribution because Employee 3 did not work at least ten (10) years of contiguous service during their last employment with the City.
19.1.4 The parties agree to re-open to meet and confer on regulatory changes related to the Affordable Care Act which arise during the term of this MOU.
19.1.5 Employees Disabled Due to Work Related Injury. The City will continue health plan coverage for employees who become disabled due to a work related injury which occurred during employment with the City. The coverage shall extend for up to one (1) year from the date of injury or to the date when the employee’s disability is determined to be permanent and stationary, whichever comes first. The City’s obligation shall be limited to the premium it was paying on behalf of the employee as of the date of injury.
19.1.6 Plan adjustments that may be stipulated by carriers as mandatory may be incorporated into the described health insurance program without contradicting the concept of the “present level of coverage.”
19.1.7 Extended health care coverage for those employees who retired prior to August 1, 1998 and for those employees placed on Long Term Disability who are not eligible for disability retirement shall be provided as described in Attachment C of this document.
19.2 Dental
19.2.1 The City will maintain the current dental plan for the term of the MOU and pay total premium cost for employee and dependents
19.2.2 Orthodontic coverage shall be provided to the employee, the employee’s spouse or registered domestic partner and dependent children under the age of twenty-six (26) years. The orthodontic coverage shall be on an 80% / 20% co- payment basis with a limit of a $5,000 cost to the City for the lifetime of the covered person.
19.2.3 The dental coverage shall provide that if an eligible person selects a more expensive plan of treatment than is customarily provided, or specialized techniques rather than standard procedures, the dental claims administrator will pay the applicable percentage of the lesser fee and the patient is responsible for the remainder of the dentist’s fee. For example, a crown where a filling would restore a tooth, a gold crown where one constructed of semi-precious materials
54 would restore the tooth, or a precision denture where a standard denture would suffice. Thus, the use of gold for crowns and jackets may be considered an optional benefit whenever the patient and dentist elect to use gold when other materials generally accepted by the dental profession will adequately restore the tooth; the additional cost, if any, would be the responsibility of the patient.
19.2.4 Plan adjustments that may be stipulated by carriers as mandatory may be incorporated into the described health insurance program without contradicting the concept of the “present level of coverage.”
19.2.5The City shall provide one hundred percent (100 %) coverage for all Diagnostic & Preventative Benefits for the employees included in this MOU.
19.3 Life Insurance
19.3.1 Group Term Life Insurance. The City will provide a life insurance benefit equal to two times the employee’s current annual earnings, not to exceed $400,000, during the term of this MOU.
19.3.2 Death Benefit. The death benefit shall be the amount of an employee’s Accumulated Retirement Contributions and the amount of insurance payable under the Group Term Life Insurance Policy.
19.5 Long Term Disability
The City will maintain the current Long Term Disability benefit program during the term of this MOU.
19.6 Job Injury Leave with Pay For Peace Officers
There shall be provided a category of leave known as “Job Injury Leave with Pay for Peace Officers.” As used in this section the term “4850” refers to Section 4850 of the Government Code. Such leave shall be administered according to the following provisions:
19.6.1 Eligibility. Any full-time employee occupying a regular position, regardless of such employee’s period of service with the City, who may be disabled due to an injury or illness arising out of and in the course of employment with the City of Concord, shall be eligible for 4850 benefits.
19.6.2 Disability Determination. The determination of temporary, total, or partial disability shall be made by the City’s medical examiner. In the event of a dispute, the finding, and order of the Worker’s Compensation Appeals Board (WCAB) regarding an application filed in connection with the injury or illness, claimed to have arisen out of or in the course of employment, shall be binding upon both the City and the police officer with respect to: (1) disability; (2) whether the disability is job-incurred; and (3) whether the disability is total, temporary, partial, or permanent and stationary.
55 19.6.3 Compensation During Job Injury Leave
19.6.3.1 Workers’ Compensation. Temporary disability indemnity payments shall be augmented by 4850 benefits to maintain the disabled employee at full base salary as that term is defined under California Labor Code section 4850. If temporary disability indemnity is not provided during the workers’ compensation waiting period, or for partial days lost due to the job-incurred disability, 4850 benefits shall cover these periods.
19.6.3.2 Salary. The salary to which the employee is entitled while on 4850 benefits shall be that required under California Labor Code section 4850, and may be increased by any general adjustments to the salary range that may occur during the course of 4850 benefits.
19.6.3.3 Social Security. The disabled employee shall apply, when eligible, for Social Security disability benefits. Social Security disability benefits paid to the employee or the employee’s dependents while receiving 4850 benefits shall be made payable to the City by the disabled employee. If the employee fails to apply for Social Security benefits, the 4850 benefits may be reduced by the amount of Social Security benefits to which the employee may have been entitled.
19.6.3.4 Other Disability Income. Benefits paid the disabled employee by private plans paid for by that employee and without participation by the City shall not reduce 4850 benefits.
19.6.4 Duration of Leave. Eligible employees shall be entitled to 4850 benefits for the period of temporary disability not to exceed one (1) year cumulatively from the date of the job-incurred disability.
If, at any time during 4850 leave, the Human Resources Director finds that the disability is permanent and stationary and the employee will be unable to return to work in the classification to which the employee was assigned as of the date of disability, the disabled employee shall be removed from 4850 leave status and shall apply for benefits under the City’s Long-Term Disability (LTD) program. (See Section 19.5 above.)
If the employee disagrees with the Human Resources Director’s determination that the employee’s condition is permanent and stationary and unable to perform the work of the assigned classification the employee shall notify the City in writing within ten (10) days of being removed from 4850 leave.
The matter shall be resolved by the Workers’ Compensation Appeals Board under the provisions of Labor Code Section 6144.
The decision of the Workers’ Compensation Appeals Board upon this issue may be appealed by either party to the Superior Court, providing this appeal
56 is filed within twenty (20) days from the date of the Workers’ Compensation Appeals Board decision.
Pending the processing and payment of benefits under the Long-Term Disability program, and/or the PERS Industrial Disability Retirement program, the City shall pay to the employee an amount equivalent to that which the employee would ordinarily receive under the applicable disability program. In the event the Workers’ Compensation Appeals Board finds that the employee’s disability is not permanent and stationary, and the employee cannot at that time be considered permanently unable to return to work, the employee shall be paid the amount the employee would have received as 4850 benefits less any benefit payments provided under the City’s LTD program or Social Security disability benefits paid to the employee or the employee’s dependents retroactive to the date the 4850 leave was terminated.
19.6.5 Impact of 4850 Benefits on Other Benefit Programs
19.6.5.1 Employees who are on 4850 leave shall accrue sick leave and vacation and shall receive any regular uniform allowance for a period not to exceed 12 months.
19.6.5.2 Life Insurance. The amount of City provided life insurance in effect at the time of the employee’s job-incurred disability shall remain in force and continue to be provided at the City’s expense throughout the duration of 4850 benefits.
19.6.5.3 Medical and Dental Plans. Medical and Dental Plan benefits in effect at the time of the employee’s job incurred disability shall be provided to the employee and the employee’s eligible throughout the duration of 4850 benefits.
19.6.5.4 Retirement System. Employee contributions to PERS will continue to be made during the period of 4850 leave and the period of leave shall be included as years of service for retirement purposes.
19.6.6 Step Increases. The interval between any step increase for which the employee would otherwise be considered shall be extended by the duration of 4850 benefits and a new anniversary date shall be established as of the effective date of any step increase granted following the reinstatement of the employee from 4850 benefits.
19.6.7 Probationary Appointments. If the employee was serving a Probationary Appointment when disabled on the job and the employee is subsequently reinstated from 4850 leave to a position in the classification
57 occupied at the time of disability, the probation appointment period shall be extended by the duration of 4850 leave.
19.6.8 Seniority. The employee’s seniority shall continue to accrue during the duration of 4850 leave and may be used for whatever purpose seniority is used by the Police Department according to their regulations.
19.6.9 Return to Work. If the disabled employee recovers and is released for full-time employment and duty status in the employee’s own classification, all benefits under 4850 benefit provisions shall cease and the employee shall immediately return to work upon medical release. This reinstatement from job injury leave shall be made even if it results in the layoff of another employee through application of the City’s layoff procedure. Medical release for return to work shall be determined and provided by the City’s appointed medical examiner.
19.6.10 Long-Term Disability. The Long-Term Disability (LTD) program runs concurrently with 4850 leave. An employee may be eligible to receive LTD benefits based upon eligibility criteria from the first date of disability, as determined by the LTD claims administrator. However, such LTD benefits are not paid since they are less than the 4850 benefits. At the end of the maximum one (1) year period of 4850 benefits, or, if sooner, upon the declaration of permanent and stationary and inability to return to work in the employee’s own occupation, the employee will continue to be eligible for LTD a period of up to twenty-six (26) months beyond the first date of disability under the “own occupation” definition of disability. However, when all of the following conditions are met, eligibility for LTD benefits under the “own occupation” definition shall be extended from twenty-six (26) months to a maximum of thirty-six (36) months from the first date of disability:
19.6.10.1 The disability has been accepted by the City’s workers’ compensation claims administrator as being a disability arising out of and in the course of employment; and
19.6.10.2 There continues to be medical certification by the City’s appointed medical examiner that the employee is unable to perform the full duties of his/her classification.
19.6.10.3 The extension period (beginning on the 27th through the 36th month described above) shall be canceled at any time during this period if any of the events shown below should occur:
19.6.10.3.1 Determination is made by the City’s
appointed medical examiner that the employee is no longer disabled from performing the full duties of his or her own classification; or
19.6.10.4 The extension period does not alter any eligibility or other provisions under which Long-Term Disability benefits are provided.
58 19.7 Retirement
19.7.1 The City provides retirement benefits to employees under the California Public Employees Retirement System (“CalPERS”) and, in the administration of the retirement program, PERS Rules and Regulations shall apply.
19.7.2 “Classic employees” participate in the CalPERS 3% at 50 plan. Classic employees contribute twelve percent (12%) member contribution to CalPERS.
19.7.3 “New members” hired after January 1, 2013 under the Public Employee Pension Reform Act (PEPRA), participate in the California Public Employee Retirement System Local Safety 2.7% at 57 retirement formula, and complies with Government Code sections 7522 et seq., including but not limited to a cap on pension benefits, and the three (3) year average for calculating final compensation. “New members” pay fifty percent (50%) of the normal cost for their pension benefit as identified by CalPERS.
19.7.4 For purposes of determining retirement benefits for “classic” members, “Final Compensation” shall mean the highest average monthly compensation paid as compensation earnable (as defined by the CalPERS regulations) to an employee during any period of twelve (12) consecutive months during the employee’s membership in the PERS Retirement Program.
19.8 Conversion of Sick Leave to Retirement Service Credit Upon retirement unused accrued sick leave can be used to extend service credit and an employee will receive 0.004 years of service credit for each eight (8) hours of unused accrued sick leave pursuant to CalPERS regulations. Alternatively, an employee can elect to cash out up to eight hundred (800) hours of unused accrued sick leave at the rate of two (2) hours of pay for each eight (8) hours of unused accrued sick leave. An employee can also elect a combination of cash out up to the maximum eight hundred (800) hours (200 hours pay) and extended service for the balance.
19.9 Deferred Compensation
Employees shall be eligible to participate voluntarily in the City of Concord Deferred Compensation Plan subject to Internal Revenue Service approval.
19.10 Employee Assistance
The City will maintain the Employee Assistance Program (E.A.P.) during the term of this MOU. The parties agree that the minimum number of counseling sessions will be eight (8) per contract year for employees and their eligible dependents.
19.11 Tuition Reimbursement
The City will reimburse employees for expenses incurred for tuition and books required for courses of study subject to the following conditions and limitations:
59 19.11.1 The subject matter of the course, training program, or degree relates to the employee’s work with the City and is designed to improve the employee’s job performance.
19.11.2 The course is in a school accredited by the Western Association of Schools and Colleges, the National Home Study Council, or by special permission as recommended by the Chief of Police and approved by the Human Resources Department.
Tuition reimbursement shall not be provided for any course or program conducted by an educational institution through a contractual relationship with any type of “Educational Broker” as further described in the report Educational Brokering in California Digest as published by the California Post-secondary Education Commission, April 27, 1977. Further, the City shall neither approve, recognize, nor reimburse any “Life Experience” credits that may be granted by any educational institution. Also, the City shall not reimburse any or all courses given by an educational institution, school or service that leads to a degree which includes credit for “prior learning experiences” that is not classroom related; regardless of the fact that the institution or school has been accredited by the Western Association of Schools and Colleges.
19.11.3 The class and study time are outside the employee’s normal working hours.
19.11.4 The course is completed with a grade better than C- or with a certificate of completion.
19.11.5 Reimbursement for books retained by the employee will be limited to fifty percent (50%) of the cost.
19.11.6 The maximum benefit payable to an employee per fiscal year shall be $1,500 for approved course work successfully completed at a school that is privately owned and/or operated. No limit shall apply to courses of instruction taken at schools that are publicly owned and/or operated.
19.11.7 Reimbursement shall not be provided for costs incurred for graduation fees, deferred tuition payment fees, student body fees, binders, note papers, exam blue books, parking fees, or miscellaneous supplies, computer hardware or software, or battery operated or electric calculators.
19.11.8 Human Resources Department authorization must be obtained prior to incurring any otherwise reimbursable expenses. Reimbursement will be approved by the Human Resources Department upon satisfactory evidence of satisfactory completion of the authorized course.
19.13 Vision Coverage
The City will maintain the current Vision Service Plan (VSP) (Examination, Lenses every twelve (12) months; $20 co-pay for exams and materials) for all
60 employees for the term of the MOU and pay total premium cost for employee and dependents.
20. Uniforms
20.1 Uniforms, Emblems, and Insignia
20.1.1 The City shall provide City emblem shoulder patches for police uniforms under a program regulated by the Chief of Police.
20.1.2 Upon promotion, an employee shall be provided by the City two (2) complete sets of jacket and one (1) set of shirt bar emblems and insignia appropriate for rank involved. This does not include service stripes which may be worn at the expense and discretion of the employee; except that for the 20th and 25th year of total peace officer service, the City shall provide, at the request of the employee, four sets of service stripes, each stripe denoting five years of peace officer service. Such service stripes are to be worn at the expense and discretion of the employee.
20.2 Uniform Allowance:
20.2.1 An annual uniform allowance shall be paid in 26 equal installments over the fiscal year, with the first payment being made in the first full pay period in July. In the event there is a 27th pay period in the fiscal year, there shall not be a payment in the 27th pay period. The annual uniform allowance shall be fourteen hundred dollars ($1,400).
20.2.1.1 New hires shall receive a one-time lump sum payment of fourteen hundred dollars ($1,400) to purchase new uniforms; this lump sum payment shall be made on their payday after the new hire’s first full pay period. Each subsequent fiscal year, the employee shall receive the annual (fourteen hundred dollars) $1,400 uniform allowance as described in 20.2.1.
20.2.1.2 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.
20.2.2 Employees selected to ride motorcycles shall be provided one (1) pair of boots and two (2) pairs of breeches at City expense after they successfully complete their motorcycle training and are actively employed using a motorcycle as a part of their duty assignment. Such breeches and boots shall be replaced at City expense upon approval of the employee’s supervisor if the article is obviously worn out due to normal wear and tear.
61 21. Reimbursement
21.1 Damaged or Lost Personal Property
Subject to the following provisions, claims for damaged or lost personal property of an employee shall, when such damage or loss results directly from the performance of work in the line of duty, be reimbursed. Such personal property must have been necessarily worn, used, or carried by the employee in order to adequately fulfill the duties and requirements of the job.
21.1.1 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.
21.1.2 Damage to or loss of personal property occurring in all but the following circumstances shall be eligible for reimbursement:
21.1.2.1 Theft or vandalism.
21.1.2.2 Ordinary wear and tear.
21.1.2.3 Employee carelessness, negligence, or lack of proper care.
21.1.2.4 Events normally encountered or anticipated in the job and subject to the control of the employee.
21.1.2.5 Incidents occurring outside hours actually worked (for example: breaks, meal periods, standby duty).
21.1.3 An employee shall be eligible for reimbursement for damage to or loss of any personal property except:
21.1.3.1 Tools or equipment used without the express approval of the appointing authority.
21.1.3.2 Items not required as part of a uniform or duty equipment such as jewelry.
21.1.3.3 Clothing provided at City cost.
21.1.3.4 Vehicles.
21.1.3.5 Items that have exceeded their normal life expectancy.
21.1.3.6 Items compensable by Workers’ Compensation coverage or the employee’s insurance.
21.1.4 Following verification of eligibility for payment, reimbursement shall be as prompt as possible. Reimbursement shall be limited as follows:
62 21.1.4.1 For items that may be repaired, reimbursement is limited to the actual cost to repair the item.
21.1.4.2 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.
21.1.4.3 Reimbursement for watches shall be limited to $50.00.
Reimbursement for cash shall be limited to $25.00.
21.1.5 Claims Procedure:
21.1.5.1 An employee may submit a claim on a form designated by the City to the immediate supervisor for review within thirty (30) calendar days of the incident which resulted in loss or damage. Claims submitted more than thirty (30) days following the incident may be considered only if the Chief of Police accepts an explanation for the delay.
21.1.5.2 The employee’s supervisor will review the claim and complete that portion designated for supervisory response and forward the claim form to the Chief of Police.
21.1.5.3 The Chief of Police will review the claim, add comments as appropriate, and forward the claim to the Finance Director.
21.1.5.4 The Finance Director will determine whether or not the claim satisfies the criteria specified above. If the criteria are met, the Finance Director will provide reimbursement. If a claim does not appear to meet the eligibility criteria, or if the amount of reimbursement appears to be inappropriate, the Finance Director will notify the Chief of Police of the concern prior to notifying the employee. The employee may be requested to provide additional information to substantiate a claim. The Finance Director and Chief of Police may, when appropriate, negotiate reimbursement amounts with the claimant or the claimant’s representative.
21.1.5.5 If a claim is rejected, the employee will be notified of the reason for rejection and the employee may submit additional information and request reconsideration.
21.1.6 Disputes. Disputes regarding either eligibility for reimbursement or the amount of reimbursement may be processed at the Second Step of the Grievance Procedure, Section 17.5.2.
21.2 Travel
21.2.1 The City Manager may authorize attendance, travel and reimbursement of all normal and necessary expenses incurred by employees representing the City
63 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.
21.2.2 The governing factor in authorizing attendance at these functions is the benefit to accrue to the City as a result of such attendance in relation to the overall expense to the City. All employees will obtain approval of the Chief of Police and the City Manager prior to incurring City reimbursable expenses when business or function will require them to be away from work for a full day or more, or require overnight absences.
21.2.3 Travel shall be by means most economical to the City of Concord. If travel by air is indicated, coach or economy air travel will be used whenever possible. Travel by private automobile will be authorized in lieu of flying, when it does not necessitate more time away from the job. The total travel cost shall be computed on direct route distances, but in no case shall the expense exceed the round trip cost by air.
21.2.4 No employee shall be authorized mileage allowance for privately-owned vehicle travel in the performance of official business or approved function within the immediate vicinity of Concord, if a City-owned vehicle is available and suitable for such use. When authorized, travel by private automobile will be reimbursed at the prevailing IRS mileage allowance.
21.2.5 When vehicles, either private or City-owned, are provided for authorized travel, employees shall pool rides whenever possible.
21.2.6 While attending approved functions, the burden of responsibility for sound judgment in expending City funds rests on the attending employee. The decision of the City Manager shall be final in cases where conflict of opinions on reimbursement exist.
21.2.7 Reimbursement of costs shall be based on the minimum number of days and hours required to transact City business. Early departures and late arrivals shall be at the employee’s own expense except where prior approval of the City Manager is received.
21.2.8 The use of City vehicles shall be limited to official City business and travel reasonably related thereto. Transportation of persons other than employees or official City delegates is authorized by the City Manager only in situations where it relates to City business, such as transportation of spouses or registered domestic partners to functions where they are registered to attend, and then only when alternative arrangements are impracticable.
21.2.9 Advance requests, receipts, and expense statements are to be submitted to the Finance Director for processing and filing. Processing shall include verification of policy compliance. Receipts are required to be filed for all major expenses when available such as registration, hotel, and travel.
64 22. Policies and Procedures
Prior to consideration by the City Council, 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.
23. Outside Employment
23.1 City employees shall not engage in any employment activity or enterprise for compensation which is inconsistent, incompatible, or in conflict with, or inimical to their duties as employees or with the duties, functions, or responsibilities of the employee’s appointing authority or the department in which employed. A employee shall not perform any work, service, or counsel for compensation outside of such employment 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
23.2 and 23.3 below.
23.2 Prohibited Activities
The Chief of Police may determine, subject to the concurrence of the City Manager, those outside activities which, for employees under his or her jurisdiction, are inconsistent with, incompatible to, or in conflict with their duties as employees. An employee’s outside employment, activity, or enterprise may be prohibited if it:
23.2.1 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
23.2.2 Involves receipt or acceptance by the employee of any money or other consideration from anyone other than the City for the performance of an act which the employee, if not performing such act, would be required or expected to render in the regular course or hours of his or her City employment or as a part of the duties of such a employee; or
23.2.3 Involves the performance of an act in other than the capacity of the employee, which act may later be subject directly or indirectly to the control, inspection, review, audit, or enforcement of any other officer or employee of the City to whom the employee reports; or
23.2.4 Involves such time demands as would render performance of his or her duties as an employee less efficient.
23.3 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 23.1 and 23.2 shall inform the Chief of Police of such desire, providing information as to the time required and the nature of such activity and such other information as may be required.
65 23.4 The Chief of Police at his or her own initiative, or at the request of the employee, shall make such determination as specified in Section 23.2 and either authorize or prohibit the employee’s outside employment, activity, or enterprise for compensation. Notice of such determination shall be in writing to the employee involved, with a copy forwarded to the Human Resources Director. If authorization is granted, it shall be valid only for the work and period prescribed therein. Such determination of the Chief of Police may be subject to the Grievance Procedure as set forth in Section 17.
24. 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.
25. Severability
Should any part of this Memorandum of Understanding, or any provision herein contained be rendered or declared invalid by reason of any existing or subsequently enacted legislation, Federal tax requirements, or by any decree of any court of competent jurisdiction, such invalidation of such part or portions of this MOU shall not invalidate the remaining portions thereof. The remaining portions or parts shall remain in full force and effect. It is mutually agreed that upon such invalidation the City and the Union will meet and confer in good faith with reference to the parts or provisions thus invalidated which affects the Unit.
This MOU is subject to all laws and ordinances. This MOU shall be further subject to all resolutions and administrative rules of the City except as expressly provided to the contrary by this MOU.
26. Revisions, Amendments, Extensions
Neither party shall be required to negotiate any changes to the terms of this MOU except by mutual agreement.
27. Term of Agreement
This MOU shall be effective upon ratification and approval by the members of the Concord Police Association and upon approval by the Concord City Council. The Terms of this Memorandum of Understanding shall be from the effective date through June 30, 2029. The parties shall reopen negotiations by March 15, 2029.
If negotiations are not completed by the end of the term, this MOU shall continue in full force and effect until an understanding is reached, or, failing agreement, until any applicable impasse procedure is exhausted.
66 Blank
67 Attachment A:
CITY OF CONCORD
SALARY SCHEDULE FOR POA UNIT CLASSIFICATIONS
Job
Code Classification Step Base Hourly Rate
Effective 7/6/26
Base Hourly Rate
Effective 7/5/27
Base Hourly Rate
Effective 7/3/28
1 $ 60.1094 $ 61.0110 $ 61.9262
2 $ 63.1149 $ 64.0616 $ 65.0225
3 $ 66.2706 $ 67.2647 $ 68.2736
4 $ 69.5841 $ 70.6279 $ 71.6873
7115 Police Officer
5 $ 73.0633 $ 74.1593 $ 75.2717
1 $ 77.1134 $ 78.2701 $ 79.4442
2 $ 80.9691 $ 82.1836 $ 83.4164
3 $ 85.0176 $ 86.2928 $ 87.5872
4 $ 89.2685 $ 90.6074 $ 91.9666
7114 Police Sergeant
5 $ 93.7319 $ 95.1378 $ 96.5649
68 Attachment B: Health Care Coverage for Disabled Employees Health care coverage may be extended to disabled Eligible Employees subject to the following:
1. D EFINITIONS
1.1 “Eligible Employee” means all full time employees covered by this MOU.
1.2 “Dependent” means the Eligible Employee’s legal spouse or registered domestic partner, and/or children who are eligible for coverage under the City provided CALPERS health plan.
1.3 “Extended Health Care Coverage” means continued eligibility to participate in and be covered by the City provided CALPERS health plan after commencement of Long Term Disability benefits.
1.4 “Individual Coverage” means coverage under the City provided CALPERS health plan for the disabled Eligible Employee or the surviving spouse or registered domestic partner of a disabled Eligible Employee.
1.5 “Residual Balance of Unused Sick Leave” means all hours of unused sick leave in excess of eight hundred (800) hours.
2. E LIGIBILITY
2.1 Extended health care coverage shall be limited to those Eligible Employees who become eligible and continue to be eligible to receive benefits under the City of Concord’s Long Term Disability Program but who are not eligible for a Disability Retirement.
2.2 Participation in extended health care coverage program by a disabled Eligible Employee and/or dependent(s) shall be voluntary.
2.3 Extended health care conversion coverage will cease on the last day of the month for which Long Term Disability benefits are payable. Continued enrollment in the CALPERS health plan will be available as a continuation benefit at the employee’s expense under standard Leave of Absence provisions.
3. SCOPE OF EXTENDED HEALTH CARE COVERAGE
3.1 Extended health care coverage shall not include prescription drug programs that are independent of available health plans. Continuation of dental plan coverage is at the entire expense of the eligible employee and is not included under the sick leave conversion provisions of this section.
3.2 Participants in the extended health care coverage program shall, when eligible, apply for Medicare Parts A and B and/or other insurance programs under which there is an entitlement to benefits.
69 4. P ARTICIPATION/ELECTION OPTIONS
Eligible Employees who elect to participate in the extended health care coverage program may choose one (1) of the following options:
4.1 Option 1. Conversion of Entire Sick Leave Balance
Convert the entire unused sick leave balance available at the date coverage commences. The entire unused sick leave balance at the date of retirement may be converted to fully-paid individual health care coverage. The number of unused sick leave hours shall be divided by eight (8) and rounded to the nearest whole number to determine the number of months of fully-paid health care up to the CALPERS Kaiser premium amount provided to regular, full-time employees for Individual Coverage.
If the Eligible Employee chooses to have a spouse or registered domestic partner covered, the number of months of coverage shall be reduced by one-half (0.5).
Health care coverage for dependents other than a spouse or registered domestic partner shall be at the sole expense of the Eligible Employee. However, if there is no spouse or registered domestic partner, one (1), and only one, dependent child of the Eligible Employee may be designated to receive the spousal coverage. Any premium amount for the selected coverage which exceeds the CALPERS Kaiser premium shall be paid by the Eligible Employee to the Finance Director. Upon exhausting the period of paid health coverage, the Eligible Employee may elect to continue participation in extended health care coverage by commencing payment as described in Option 3 below.
4.2 Option 2. Conversion of Residual Balance of Sick Leave Freeze eight hundred (800) hours of the unused sick leave balance available when Long Term Disability benefits commence. The Residual Balance of Unused Sick Leave (excess over 800 hours) may be converted to fully-paid extended health care as described under Option 1 above.
At the time of Service Retirement occurring while the Eligible Employee is eligible to receive benefits from the City’s Long Term Disability Program, an Eligible Employee will receive the dollar value of the frozen eight hundred (800) hours of unused sick leave computed at the rate of one (1) hour of pay for each four hours of unused sick leave.
4.3 Option 3. Payment for Participation
In lieu of converting any unused sick leave as described in Options 1 and 2 above, the Eligible Employee may choose to participate by paying the entire monthly premium rate for the selected CALPERS coverage to the Finance Director by the 10th of each month.
5. Except as provided in Option 2 above, if the Eligible Employee elects to use any or all of the unused sick leave balance as an option for extended health care coverage, the employee may not at a later date receive any portion of the unused sick leave in cash, even if the employee elects to stop participation in the extended health care coverage program.
70 6. DEATH OF DISABLED ELIGIBLE EMPLOYEE/SPOUSE OR REGISTERED DOMESTIC PARTNER
6.1 Upon the death of a disabled Eligible Employee’s spouse or registered domestic partner who has been covered under these conversion provisions, any or all of his or her unused months of fully-paid extended health care coverage will be made available to the disabled Eligible employee.
6.2 Upon the death of the disabled Eligible Employee, the surviving spouse or registered domestic partner may continue on extended health care until the number of months originally covered is exhausted.
Upon conclusion of fully-paid coverage, a surviving spouse or registered domestic partner, until remarriage or having entered a new partnership, may elect to continue to participate in the extended health care coverage program by commencing payment as described in Option 3 above. Dependent coverage would be at the sole expense of the surviving spouse or registered domestic partner.
6.3 Upon remarriage, a surviving spouse or registered domestic partner 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 or registered domestic partner.
6.4 If, under Option 1 above, a dependent child was provided coverage in lieu of the spouse or registered domestic partner, that dependent child may have access to any remaining months of such fully-paid health care coverage while remaining eligible as a dependent for coverage by the CalPERS health plan. Upon exhaustion of the remaining months, or if the dependent child ceases to meet eligible requirements of the CalPERS health plan, whichever is first, no further participation in extended health care coverage shall be offered.
71 ATTACHMENT C:
VACATION CASH OUT ELECTION FORM
(NON-REVOCABLE)
Pursuant to Personnel Policy & Procedure 37.17 Vacation, paragraph 4.3, I, hereby request to cash out hours of vacation leave (must not exceed 40 hours). I am aware and agree that the IRS requires that this election be non-revocable and that I will receive this payment during the first full pay period of August, or as otherwise specified in my applicable MOU, of the calendar year following this election. I further acknowledge that the hours I am seeking to cash out are not currently accrued vacation balance hours, but rather, in compliance with IRS regulations, are for hours that will be accrued in the calendar year in which the cash-out occurs.
PROCEDURE:
(1) Employee must complete and sign the form.
(2) The original, signed form must be received in Payroll no later than close of business the last regular work day of the calendar year prior to the year in which the cash out will be made. Forms received after the final regular work day of the calendar year cannot be accepted.
I understand the following provisions apply:
• I must have at least eighty (80) hours of accrued vacation leave when submitting the non-revocable Vacation Cash Out Election Form.
• This request can only be made once in each twelve month period. • Payment is subject to ordinary deductions and withholdings. • This request is irrevocable. Once elected, the number of hours listed for cash-out will no longer be available for me to use as vacation time. Once cashed out, I will not be able to buy back hours at a later time. • Adjustment of hours will begin to be reflected in a “Reserve” bank visible through Lawson Employee Self Service no later than the 2nd pay period in January.
Employee Name (please print) Employee #
Employee’s Signature
=============================================================================
FOR PAYROLL USE ONLY
Date form was received in Payroll:
Vacation balance at time of request:
Hours requested to be cashed out:
Reserved hours available at time of cash-out:
Eligibility verified on by
Hours to be cashed out: x hourly pay rate of $ Total Gross: $ Pay Code G16 Note: This will be charged to the same expense account from which the employee is presently paid.
Cash out processed PPE Hours deducted from employee’s vacation balance Verification of completed process Date
Signatures
For the Association For the City
Lee Lawrence Valerie Barone
President City Manager
Nick Davison Jasmin Loi
Vice President Director of Human Resources
David Petty Lisa S. Charbonneau
Negotiating Team Member Chief Negotiator
Joseph R. Lucia,
Chief Negotiator
Res. No. 26-XX 1
BEFORE THE CITY COUNCIL OF THE CITY OF CONCORD
COUNTY OF CONTRA COSTA, STATE OF CALIFORNIA
A Resolution Approving the Negotiated Terms and
Authorizing the City Manager to Execute a Three-
Year Memorandum of Understanding between the
City of Concord and the Concord Police Managers’
Representation Unit for the period July 1, 2026,
through June 30, 2029
Resolution No. 26-XX
/
WHEREAS, the term of the current memorandum of understanding between the City of Concord and the Concord Police Managers’ Representation Unit is set to expire June 30, 2026; and WHEREAS, over the past several months, City of Concord negotiators and the Concord Police Managers’ Representation Unit representatives bargained in good faith regarding a successor memorandum of understanding and reached a tentative agreement in May 2026. On May 26, 2026, the City of Concord received notice that the Concord Police Managers’ Representation Unit’s members ratified the tentative agreement; and
WHEREAS, the attached successor memorandum of understanding between the City of Concord and the Concord Police Managers’ Representation Unit contains the terms and conditions of employment for Police Lieutenants and Police Captains for July 1, 2026, through June 30, 2029 (Exhibit A); and
WHEREAS, the total cost of the comprehensive negotiated changes to the memorandum of understanding over the three-year term (Fiscal Years 2026-27, 2027-28, 2028-29) is approximately $560,100; and
WHEREAS, the City Council, after giving all public notices required by state law and the Concord Municipal Code, held a duly noticed public meeting on June 9, 2026, on this item, and, at such public meeting, Council considered the staff report dated June 9, 2026, together with all other relevant oral and written testimony, materials and information received, including oral and written responses from City staff given on or dated June 9, 2026, all attachments thereto, any correspondence Attachment 2
Res. No. 26-XX 2
presented, and all other pertinent testimony, other materials and information, which are maintained at the offices of the City of Concord, City Clerk, 1950 Parkside Drive, Concord, CA 94519; and WHEREAS, on June 9, 2026, the Council, after consideration thereof, moved to approve the recommendation of staff and adopt this resolution.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF CONCORD DOES RESOLVE AS FOLLOWS:
Section 1. None of the activities addressed herein constitute a “project” within the meaning of Public Resources Code Section 21065, 14 Cal Code Regs. Section 15060(c)(2), 15060(c)(3), or 15378 because none of the activities has the potential for resulting in either a direct physical change in the environment, or a reasonably foreseeable indirect physical change in the environment, even if any activity was a project under California Environmental Quality Act (CEQA), each is exempt under 14 Cal. Code Regs. Sections 15061(b)(2), 15061(b)(3), and 15378(b)(4).
Section 2. Approves the attached successor memorandum of understanding between the City of Concord and the Concord Police Managers’ Representation Unit for the period of July 1, 2026, through June 30, 2029.
Section 3. Authorizes the City Manager to execute the memorandum of understanding on behalf of the City of Concord and to execute such documents and take other such steps as may be necessary or desirable to implement the memorandum of understanding.
Section 4. This resolution shall become effective immediately upon its passage and adoption. //
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Res. No. 26-XX 3
PASSED AND ADOPTED by the City Council of the City of Concord on June 9, 2026, by the following vote:
AYES: Councilmembers -
NOES: Councilmembers -
ABSTAIN: Councilmembers -
ABSENT: Councilmembers -
I HEREBY CERTIFY that the foregoing Resolution No. 26-## was duly and regularly adopted at a regular meeting of the City Council of the City of Concord on June 9, 2026.
Joelle Fockler, MMC
City Clerk
APPROVED AS TO FORM:
Susanne Meyer Brown
City Attorney
Attachment: Exhibit A: Memorandum of Understanding between the City of Concord and the Police Managers’ Representation Unit for the period of July 1, 2026, through June 30, 2029.
MEMORANDUM OF UNDERSTANDING
BETWEEN
THE CITY OF CONCORD
AND
THE CONCORD POLICE MANAGERS’
REPRESENTATION UNIT
Effective July 1, 2026 - June 30th, 2029
Exhibit A to Attachment 2
Table of Contents
ii
SUBJECT PAGE
1. AGREEMENT........................................................................................................................6
2. ALCOHOLIC BEVERAGES AND ILLEGAL OR CONTROLLED SUBSTANCES ...7
3. DUES DEDUCTION ..............................................................................................................7
4. REPRESENTATION BY EMPLOYEES ............................................................................7
5. BULLETIN BOARD..............................................................................................................8
6. MANAGEMENT RIGHTS ...................................................................................................8
7. NON-DISCRIMINATION.....................................................................................................8
8. HOURS OF WORK ...............................................................................................................8
8.1 GENERAL....................................................................................................................8
8.2 BREAKS.......................................................................................................................9
8.3 MEAL PERIOD...........................................................................................................9
8.4 EMERGENCY MEAL................................................................................................9
8.5 DAYLIGHT SAVINGS TIME ...................................................................................9
9. ORGANIZATIONAL CHANGES......................................................................................10
9.1 PARTICIPATION .....................................................................................................10
9.2 MANAGEMENT RESPONSIBILITIES/ACCOUNTABILITY ...........................10
10. ECONOMIC/BUDGET UPDATE......................................................................................10
11. PAY........................................................................................................................................10
11.1 SALARY SCHEDULE ..............................................................................................10
11.2 SALARY ADJUSTMENTS .....................................................................................10
11.3 SALARY STEP PLACEMENT FOR PROMOTED LIEUTENANTS................10
11.4 ANNIVERSARY DATE OF STEP INCREASES ..................................................11
11.5 OVERPAYMENT – GRACE PERIOD...................................................................11
12. EDUCATIONAL PAY.........................................................................................................12
12.1 MASTER’S DEGREE...............................................................................................12
12.2 POST MANAGEMENT CERTIFICATE...............................................................12
13. PAY PREMIUM...................................................................................................................12
13.1 COMPENSATORY TIME OFF (CTO)..................................................................12
13.2 COURT APPEARANCES ........................................................................................13 14 HOLIDAYS...........................................................................................................................15
15. VACATION...........................................................................................................................17
15.5 VACATION USAGE.................................................................................................18
Table of Contents
ii
i
15.6 ACCRUAL RATE UPON RE-EMPLOYMENT, REINSTATEMENT OR REHIRE .....................................................................................................................................18
15.7 CASH PAYMENT IN LIEU OF VACATION TIME OFF...................................18
15.8 VACATION PAY UPON TERMINATION ...........................................................19
15.9 UPON DEATH...........................................................................................................19
16. ADMINISTRATIVE LEAVE .............................................................................................19
17. EMPLOYMENT, ADVANCEMENT, & RETENTION ..................................................19
17.1 PROBATIONARY PERIOD ....................................................................................19
17.2 DEMOTIONS.............................................................................................................19
17.3 STATUS WHILE ON AUTHORIZED LEAVE OF ABSENCE WITHOUT PAY .....................................................................................................................................20
17.4 STATUS OF AN EMPLOYEE UPON RESIGNATION OR RETIREMENT....20
18. LEAVES OF ABSENCE WITH PAY ................................................................................20
18.1 USE OF SICK LEAVE..............................................................................................20
18.2 DISCIPLINARY ADMINISTRATIVE LEAVE.....................................................22
18.3 JURY DUTY...............................................................................................................22
18.4 BEREAVEMENT LEAVE .......................................................................................23
19. AUTHORIZED LEAVE OF ABSENCE WITHOUT PAY..............................................23
19.1 PERSONAL LEAVE .................................................................................................23
19.2 AUTHORIZED LEAVE OF ABSENCE WITHOUT PAY FOR MILITARY DUTY .....................................................................................................................................23
19.3 FAMILY CARE LEAVE ..........................................................................................24
19.4 CATASTROPHIC LEAVE.......................................................................................24
20. DISCIPLINE .........................................................................................................................24
20.1 RULES OF CONDUCT.............................................................................................24
20.2 EXTENT OF DISCIPLINARY ACTIONS .............................................................25
20.3 AUTHORITY FOR DISCIPLINARY ACTIONS ..................................................27
20.5 NOTICE TO EMPLOYEES .....................................................................................27
20.6 EMPLOYEE RESPONSE.........................................................................................27
20.7 ORDER OF DISCIPLINARY ACTION .................................................................28
20.8 EFFECTIVE DATE...................................................................................................28
20.9 RIGHT OF APPEAL.................................................................................................28
20.10 EMPLOYEE REPRESENTATIVE..........................................................................28
20.11 APPEAL PROCEDURE............................................................................................29
20.12 WAIVER OF STEPS OR TIME LIMITS ...............................................................31
Table of Contents
i
v
20.13 NO INTERRUPTION OF WORK ...........................................................................31
21. GRIEVANCE PROCEDURE..............................................................................................31
21.1 DEFINITION..............................................................................................................31
21.2 EMPLOYEE REPRESENTATIVE..........................................................................32
21.3 CLASS ACTIONS & ASSOCIATION GRIEVANCES.........................................32
21.4 PARTIES’ INTENT ...................................................................................................32
21.5 PROCEDURE ............................................................................................................32
21.6 WAIVER OF STEPS OR TIME LIMITS ...............................................................34
21.7 NO INTERRUPTION OF WORK ...........................................................................34
22. SAFETY AND HEALTH.....................................................................................................34
22.1 SAFETY......................................................................................................................34
22.2 SAFETY GLASSES PROGRAM.............................................................................34
22.3 INOCULATIONS.......................................................................................................34
22.4 WELLNESS PROGRAM..........................................................................................34
22.5 FIT FOR DUTY .........................................................................................................34
22.6 STRESS MANAGEMENT........................................................................................35
23. BENEFIT PLANS.................................................................................................................35
23.1 GROUP MEDICAL COVERAGE...........................................................................35
23.2 DENTAL PLANS .......................................................................................................41
23.3 LIFE INSURANCE....................................................................................................41
23.4 LONG TERM DISABILITY.....................................................................................42
23.5 JOB INJURY LEAVE WITH PAY FOR PEACE OFFICERS ............................42
23.6 RETIREMENT CONTRIBUTION..........................................................................46
23.7 RETIREMENT SOCIAL SECURITY OFFSET....................................................46
23.8 CONVERSION OF SICK LEAVE TO RETIREMENT SERVICE CREDIT ....46
23.9 DISABILITY BENEFIT COORDINATION ..........................................................47
23.10 DEFERRED COMPENSATION..............................................................................47
23.11 EMPLOYEE ASSISTANCE PROGRAM...............................................................47
23.12 TUITION REIMBURSEMENT ...............................................................................47
24. TAKE HOME VEHICLES..................................................................................................48
25. UNIFORMS...........................................................................................................................48
25.1 EMBLEMS AND INSIGNIA ....................................................................................48
25.2 UNIFORM ALLOWANCE.......................................................................................49
26. REIMBURSEMENT ............................................................................................................49
Table of Contents
v
26.1 DAMAGED OR LOST PERSONAL PROPERTY ................................................49
26.2 TRAVEL .....................................................................................................................51
27. POLICIES AND PROCEDURES .......................................................................................52
28. OUTSIDE EMPLOYMENT................................................................................................53
28.2 PROHIBITED ACTIVITIES....................................................................................53
28.3 AUTHORIZATION ...................................................................................................53
29. RESIDUAL RIGHTS...........................................................................................................54
30. ENTIRE AGREEMENT......................................................................................................54
31. REVISIONS, AMENDMENTS, EXTENSIONS ...............................................................54
32. WAIVER ...............................................................................................................................54
33. SEVERABILITY CLAUSE.................................................................................................54
34. TERM ....................................................................................................................................55 ATTACHMENT "A" EXTENDED HEALTH CARE COVERAGE FOR RETIRED OR DISABLED POLICE OFFICERS ___________________________________________56 ATTACHMENT "B" RETIREMENT ALLOWANCE FACTORS - POLICE
EMPLOYEES _______________________________________________________________60 ATTACHMENT "C" VACATION CASH OUT FORM (NON-REVOCABLE) ________61 ATTACHMENT "D" SALARY SCHEDULE FOR PMA UNIT CLASSIFICATIONS ____62
6 CONCORD POLICE MANAGERS
Memorandum of Understanding
1. Agreement
This Memorandum of Understanding (MOU) entered into between the CITY OF CONCORD, hereinafter called “City,” and the CONCORD POLICE ASSOCIATION, the designated bargaining unit representative hereinafter called the “Association,” represents the results of meeting and conferring in good faith in accordance with Section 3500, et. seq., of the California Government Code.
The parties executing this MOU are the duly appointed representatives of the Concord Police Managers’ Representation Unit and the Association. The parties acknowledge the existence of a separate “Police Managerial Representation Unit” collective bargaining agreement applicable to the ranks of Captain and Lieutenant only. The parties agree that the parties negotiated the separate Captains’ and Lieutenants’ bargaining agreement with the express purpose to form a separate bargaining unit for the ranks of Captain and Lieutenant. Upon the formation of the new unit, the members in the ranks of Captain and Lieutenant shall be subject exclusively to the terms and conditions of the “Police Managerial Representation Unit” collective bargaining agreement. Upon the City Council’s adoption of the 2015-2019 “Police Managerial Representation Unit” collective bargaining agreement, the members in the ranks of Captain and Lieutenant shall not be entitled to avail themselves of the rights and privileges of the “Concord Police Association” MOU. Further, the parties agree that any and all “official” separation that creates the two (2) separate and distinct bargaining units shall be accomplished pursuant to the City’s Policy and Procedure numbered 37.34, paragraph 6 and the processes included therein to which the parties agree to adhere completely.
The adjustments to wages, hours, and conditions of employment that are set forth in this Memorandum have been discussed in good faith between the parties hereto. The representatives of the Concord Police Managers’ Representation Unit and the Association acting on behalf of its members and all sworn employees in the rank of Police Lieutenant and Police Captain of the Police Managerial Representation Unit agree to acceptance of all of the adjustments as set forth herein, and the staff representatives of the City agree to recommend to the City Council that all the adjustments set forth herein be adopted in full by the City Council in the manner and procedure prescribed by law.
For purposes of this MOU, Police Captains and Police Lieutenants may be collectively referred to as ‘PMA members,’ ‘Police Managers,’ or ‘Managers.’
Except as specifically provided for herein, it is agreed and understood that each party hereto voluntarily and unqualifiedly waives its right, and agrees that the other shall not be required to meet and confer with respect to any subject or matter covered herein, or with respect to any other matters within the scope of representation unless the parties mutually agree during the period of the term of this MOU; provided, however, that if the City desires to change a subject within the scope of representation which is not specified in this MOU, it shall provide notice to the Association, and shall meet and confer with the Association over
7 the proposal if the Association so requests within ten (10) calendar days of receipt of notice.
The section headings in this MOU are for convenience only and are not to be construed as modifying or governing the language in the section referred to.
2. Alcoholic Beverages and Illegal or Controlled Substances
2.1 No member of the Unit shall consume, purchase, or transport for personal use any alcoholic beverage or illegal/controlled substance during any portion of the paid duty time unless directed to do so by a supervisor as part of necessary performance of duties. This includes all breaks, lunch breaks, contract work and overtime hours worked.
2.2 No member of the Unit shall report for duty under impairment as a result of alcohol and/or drug use.
3. Dues Deduction
Upon written notice from the Association that dues deduction has been authorized by the employee, membership dues will be automatically deducted from an employee’s pay and forwarded by the City to the Association. Dues deduction begin the beginning of the pay period following the City’s receipt of notice from the Association. For an employee on an unpaid leave of absence or whose net pay is less than the Association dues deduction, the Association is responsible for collecting dues payments directly from the member.
4. Representation By Employees
4.1 For the purpose of meeting and conferring in good faith regarding wages, hours, and working conditions with a Certified Employee Organization, the City will provide time off with pay to no more than three (3) City employee members during their normal work hours. Meetings held outside of the employee’s normal work hours shall be on the employee’s own time.
4.2 For purposes of discipline or grievance or appeal meetings, the City will provide time off with pay for no more than the aggrieved employee plus one (1) other employee during the employees’ normal work hours. Meetings held outside of the employees’ normal work hours shall be on the employees’ own time.
4.3 Additional employees called by either party may be present with pay during his/her normal work hours to serve as a resource person or as a witness for meetings described in (4.1) or (4.2) above 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.
4.4 Electronic Mail. Association and Unit representatives may utilize the City’s electronic mail system solely to provide PMA members notification of the time, date and location of Board and membership meetings. When using the City’s electronic mail system for Association business, the Association and Unit members
8 shall comply with Administrative Directive 162, Computer Systems & Related Technologies Usage Policy & Security Guidelines.
5. Bulletin Board
Any material to be posted by the Association and Unit members shall be posted on a designated bulletin board provided by the City.
6. Management Rights
The parties to this MOU agree that the City retains the exclusive right to manage its operations and workforce, except to the extent that such right may be limited by the terms of any collective bargaining agreement, including, but not limited to this MOU, and/or applicable laws, rules, regulations and ordinances. The Association recognizes that the City’s rights include, but are not limited to, the right to manage its business and various departments; direct, select, decrease and increase the workforce, including hiring, promotion, demotion, to determine the qualifications of employees, to transfer employees within and between classifications, suspensions, discharge or layoff; the right to make all plans and decisions on all matters involving the business of the City, including, but not limited to the location of operations, the extent to which the facilities of any department thereof shall be operated, including any additions thereto; to maintain discipline and efficiency of employees; to schedule overtime and to run the City efficiently. The parties acknowledge that this provision shall not act, nor deemed to be a waiver of any rights or privileges.
7. Non-Discrimination
The City and the Association and Unit members agree that there shall be no discrimination of any City employee or applicant for employment on any grounds prohibited by state or federal law. The City and Association agree that no employee shall be discriminated against because of Association membership or activity.
8. Hours of Work
8.1 General
The City has established a twenty-eight (28) day 207(k) Fair Labor Standards Act (FLSA) work period for sworn safety employees covered under this unit.
The normal work schedule shall be four ten-hour work shifts per work week for weekdays, or three twelve and one half hour shifts per week for weekends. Shifts are generally intended to mirror the work groups they manage to reach eighty (80) hours of work every two (2) weeks. Those working the weekends shall work five (5) additional hours during each two (2) week pay period to reach the eighty (80) hour total for two (2) weeks. Adjustments may be made to meet the needs of the Department as determined by the Chief of Police or his designee. Prior to modifying any established shift (4/10 or 3/12.5) the Chief shall notify the Association and, on
9 request, meet and confer with representatives of the Association.
All paid leave shall count as hours worked for the purpose of determining eligibility for MOU/Contract overtime.
8.2 Breaks
The City shall provide one (1) fifteen (15) minute relief break within each five (5) hour work period with no travel time permitted to go to some other site for the break. Relief break time may not be accumulated and, if not taken, shall be lost.
8.2.1 The Chief of Police shall administer such program which will provide Police Managers no greater benefit than indicated above.
8.3 Meal Period
Employees assigned to Patrol shall receive a forty-five (45) minute on-duty paid meal period subject to call.
8.4 Emergency Meal
8.4.1 The City will provide an emergency meal under emergency circumstances.
The meal may be provided as a meal at a pre-designated restaurant; as a box lunch or equivalent; or through reimbursement of up to fifteen dollars ($15.00) per allowed meal including tax and tips upon production of a valid receipt.
8.4.2 For purposes of this section, “emergency circumstances” means an immediate response or holdover to a department authorized call outside of the employee’s regular work shift for three hours or greater duration when the responding employee has had no time or opportunity to prepare or provide a meal. Emergency circumstances do not include overtime court appearances, or previously scheduled worktime. Previously scheduled worktime is worktime scheduled with four or more hours of notice.
8.4.3 If the emergency circumstances meal break is not taken in conjunction with the assigned emergency work period, the meal allowance and break time is forfeited and no reimbursement will be made.
8.5 Daylight Savings Time
On any weekend during which there is a change to or from Standard Time to Daylight Savings Time, the Chief of Police may adjust work schedules so that those assigned to work do actually work the regular number of hours normally assigned to the shift.
The “time change hour” for Daylight Savings Time shall not be included in the definition of actual hours worked or be considered for pay purposes, and no employee assigned to a shift who works during the transition to or from Standard
10 Time to Daylight Savings Time shall be paid any sum except for actual hours worked during said shift.
9. Organizational Changes
9.1 Participation
The parties agree that as senior management employees, members of the bargaining unit will act as copartners with the City in effecting organizational change to optimize the provision of efficient and effective public services.
9.2 Management Responsibilities/Accountability
It is agreed that the Chief of Police and the Management Employees will work together cooperatively to define the mission and the role of managerial employees.
All Police Managers will work in good faith to retain, improve and enhance accountability systems, management effectiveness programs and efficiency practices as determined by the City Manager and executed by the Chief of Police.
All Police Managers will continue to support the City of Concord’s Mission, Vision, Values and Corporate Goals.
10. Economic/Budget Update
Quarterly economic/budget updates will be provided to employees.
11. Pay
11.1 Salary Schedule
The salary schedule for bargaining unit classifications effective the first full pay period of July 2026 is attached to this MOU as Attachment D. PMA members at top step as of June 30, 2026 shall remain at top step after this MOU is implemented in 2026.
11.2 Salary Adjustments
11.2.1 Effective the first full pay period of July 2027, the base salary for all bargaining unit classifications will be increased by two and one half percent (2.5%).
11.2.2 Effective the first full pay period of July 2028, the base salary for the Lieutenant classification will be increased by two percent (2.0%).
11.3 Salary Step Placement For Promoted Lieutenants
Effective July 1, 2027, upon the promotion from Police Sergeant to the classification of Lieutenant through the competitive selection process, an employee shall receive a promotional increase to the pay step in the Lieutenant classification salary range that is at least five percent (5.0%) greater than the employee’s base salary rate as a Sergeant plus the Sergeant’s longevity pay, POST pay, and/or S.W.A.T. pay. A promoted employee may not be placed at a rate above the highest step in their new classification’s
11 salary range.
11.4 Anniversary Date of Step Increases
The effective anniversary dates for the purpose of step increase for an eligible employee shall be established as follows:
11.4.1 All Managers must receive a performance rating of satisfactory or above to be eligible for consideration for advancement to Step 2, which shall occur twenty-six (26) bi-weekly pay periods following the date of promotion; as adjusted to the beginning date of the closest pay period at that time.
11.4.2 If employed at other than Step 1 in the salary range for the class, then all Managers must receive a performance rating of satisfactory or above to be eligible for consideration for adjustment advancement to the next salary step, which will take place twenty-six (26) bi-weekly pay periods following the date of promotion, with the adjustment to the beginning of the closest pay period at that time.
11.4.3 Consideration for all subsequent step increases shall be after receipt of a performance evaluation of satisfactory or above and then shall occur twenty-six (26) bi-weekly pay periods thereafter for each such step adjustment.
11.5 Overpayment – Grace Period
11.5.1 Following notice by certified mail, addressed to the overpaid employee at the last known address shown on the City’s records, the overpaid employee shall have fifteen (15) days in which to submit in writing to Payroll, a request for a grace period of no more than the number of pay periods in which the overpayment occurred, and with payments that are no less than two hundred dollars ($200) per pay period. The notice required to be given by the overpaid employee must be acknowledged by the Finance Department in writing to be effective. The City may require the employee to sign a promissory note that guarantees repayment. No grace period shall be allowed for an overpayment of five hundred dollars ($500.00), or less.
11.5.2 If no such written request as set forth above for a grace period is made, the overpaid monies shall be deducted in such manner as the City of Concord deems best.
11.5.3 If a promissory note has not been executed, upon termination of employment by resignation or otherwise of any overpaid employee, any remaining balance due and owing to the City shall be deducted from the employee’s last paycheck, including any “cash-out” of leave balances. If the employee does not have enough money or leave balances in the employee’s final paycheck to cover the amount that is still due and owing, the employee shall be obligated to execute a promissory note to establish
12 the method and manner of repayment of the remaining monies.
12. Educational Pay
12.1 Master’s Degree
The City shall compensate members with eligible Master’s Degrees as follows:
Lieutenants 7.5% of base salary rate
Captains 5.0% of base salary rate
Effective the first full pay period after July 1, 2026, the amount paid to Lieutenants for eligible Master’s Degrees shall be five percent (5.0%) of base salary rate.
The approved fields of study for such degrees is to be broadly interpreted to provide for the professional growth of the member. However, to be eligible for education incentive pay, the degree must enhance the member’s ability to do their job, as determined and approved by the Chief of Police and Director of Human Resources. Once a degree has been approved for compensation under this section or the corresponding POA section, it cannot be retroactively denied.
Master’s Degree pay shall be effective the first full pay period after the employee has provided the Chief of Police or designee satisfactory proof that the appropriate degree has been obtained.
The parties agree that to the extent permitted by law, the City will report this pay to CalPERS as special compensation under 2 CCR 571(a)(2) and 2 CCR 571.1(b)(4).
12.2 POST Management Certificate
Effective the first full pay period after July 1, 2028, the City shall compensate members who have obtained a POST Management Certificate with an additional two and one half percent (2.5%) of base pay.
POST Management certificate pay shall be effective the first full pay period after the employee has provided the Police Chief or designee satisfactory proof that the employee has earned the certificate.
The parties agree that to the extent permitted by law, the City will report this pay to CalPERS as special compensation under 2 CCR 571(a)(2) and 2 CCR 571.1(b)(4).
13. Pay Premium
13.1 Compensatory Time Off (CTO)
13.1.1 In lieu of overtime pay in cash, an employee may request to accrue compensatory time off (CTO), which will accrue at the rate of time and one
13 half for each overtime hour worked. The maximum CTO accrual shall be one hundred and seventy (170) hours. Once an employee has reached the CTO cap of one hundred and seventy (170) hours, overtime shall be compensated in cash. In addition, three (3) hours of CTO shall be provided to employees in the first pay period in March. If the employee’s CTO balance is at the maximum allowed, then the employee shall be paid the three (3) hours of compensatory time in the first pay period in March.
13.1.2 Any employee may request payment of up to eighty (80) hours of CTO accrued in accordance with the following provisions:
13.1.2.1 During the periods of April 1 through April 15 and October 1 through October 15, each year, a Unit member may elect to receive cash for up to eighty (80) hours’ worth of CTO accrued in each cash out period.
13.1.2.2 Payment of the cash in lieu of CTO shall be made not later than the last payday of the next month following the date the officer elected to receive such cash payment.
13.1.3 Absent a declared emergency, requests to use accumulated CTO shall be honored when such requests are submitted with reasonable notice.
Reasonable notice is defined as at least ten (10) calendar days in advance.
A request to use CTO without reasonable notice may still be granted within the discretion of the Department.
13.1.4 Requests for use of accumulated CTO on City observed holidays, as set forth in Section 13.1 shall be honored when such requests are submitted with reasonable notice, unless there is a declared emergency or such requests would result in significant staffing shortages caused by multiple requests for time off on the same holiday. A request to use CTO on City observed holidays without reasonable notice may still be granted within the discretion of the Department.
13.1.5 Employees who separate from the City will be paid for accumulated CTO at the regular rate of pay.
13.2 Court Appearances
13.2.1 The City shall compensate Managers for court appearances. The compensation shall be at straight time for court appearances during regularly assigned duty time. If the combined regular duty hours, approved paid leave, and court appearance time exceed forty (40) hours during a work week, or exceed eighty (80) hours during a pay period for those on variable work week, the court appearance time shall be at an overtime rate of one and one-half times the Manager’s straight time hourly rate of pay. The application of this provision shall include the following:
13.2.1.1 Within the Manager’s normal work week, any court
14 appearance that occurs after a Manager’s regular shift shall be compensated at the Manager’s overtime rate for a
minimum of three (3) hours.
13.2.1.2 Within the Manager’s normal “weekend” of any court appearance that occurs after completion of the last shift of the Manager’s normal work week and two (2) hours or more before the starting time of the first shift of the Manager’s normal work week shall be compensation at the Manager’s overtime rate for a minimum of four (4) hours. No minimum straight time guarantee shall apply if the interval is less than two (2) hours before the first shift of the Manager’s normal work week; such court appearances shall be compensated for the actual time involved at the Manager’s overtime rate.
If the court appearance which is scheduled for any of the Manager’s “weekend” days off is canceled with six (6) hours or less notice provided to the Manager, the Manager shall be compensated for a minimum of three (3) hours overtime
at the Manager’s overtime rate. Personal or telephone
contact with any person at the Manager’s residence,
including leaving a message on the Manager’s telephone
answering machine, is considered adequate notice.
13.2.1.3 If any court appearance extends beyond the minimum number of hours guaranteed for that court appearance, the Manager’s compensation shall continue at the Manager’s
overtime rate continuously until released from the court appearance.
13.2.1.4 Court appearances do not overlay. For court appearances that occur during the Manager’s off-duty time, the Manager shall have the benefit of the following:
13.2.1.4.1 If a second court appearance is scheduled at least two (2) hours after the beginning of a
first court appearance and less than three (3)
hours after the beginning of a first court
appearance, the Manager shall be entitled to
a minimum of three (3) hours at the
Manager’s overtime rate for the first court
appearance and a minimum of one (1) hour at
the Manager’s overtime rate for the second
court appearance.
13.2.1.4.2 For court appearances on a Manager’s normal
“weekend” off, if a second court appearance
15 is scheduled at least three (3) hours after the
beginning of a first court appearance, and less
than four (4) hours after the beginning of a
first court appearance, the Manager shall be
entitled to a minimum of four (4) hours at the
Manager’s overtime rate for the first court
appearance and a minimum of two (2) hours
at the Manager’s overtime rate for the second
court appearance.
13.2.1.5 For purposes of this provision relating to court appearances, pre-trial conferences approved by attorneys shall be
considered court appearances.
13.2.1.6 When a Manager is on sick leave or job injury leave for two or more consecutive working days (excluding “weekends”) then, commencing with the second day, court appearances that occur while the Manager is on sick leave or job injury leave shall be considered regular duty time and no premium guarantee shall apply under this provision.
14. Holidays
14.1 The following holidays shall be observed:
New Year’s Day January 1
Martin Luther King, Jr. Day The Third Monday in January Lincoln’s Birthday February 12
President’s Day The Third Monday in February
(Washington’s Birthday)
Memorial Day The Last Monday in May
Independence Day July 4
Labor Day The First Monday in September
Veteran’s Day November 11
Thanksgiving Day The Fourth Thursday in November
The Day Following Thanksgiving
Christmas Eve December 24
Christmas Day December 25
and every other day recognized by City Council as a City-observed public fast, thanksgiving, or holiday.
Prior to the first full pay period in July 2026, except as described in section 14.4 below, all holidays falling on a Saturday will be observed on the preceding Friday, and holidays falling on a Sunday will be observed on the following Monday.
14.2 Employees in pay status on the day the holiday is observed (except as described in
16 Section 14.5 below) shall receive a holiday pay equal to the straight time daily equivalent of ten (10) hours pay.
14.3 Base Rate of Pay is defined as the base hourly rate of pay that an employee receives in the publicly available pay schedule.
14.4 Regular Rate of Pay is defined, per the Fair Labor Standards Act, as the employee’s base rate of pay, plus all required additional compensation converted to an hourly rate.
14.5 The special compensation included in the regular rate of pay under Holiday Pay is Educational Incentive Program.
14.6 Employees assigned to Patrol and any others designated by the Chief of Police will work all holidays which fall on their normal work schedule. For purposes of this section, holidays are the actual date of the recognized holiday and not the day these holidays are observed by the City.
14.7 All hours worked on holidays shall be paid at the rate of one and one-half ( 1 . 5 ) the rate described in section 14.2. In addition, employees who work holidays will receive ten (10) hours of holiday pay. However, for the following six (6) holidays the employee may elect compensatory time credit in lieu of the ten (10) hours of holiday pay. In such event, the election shall be made by the employee before time cards are submitted to the Finance Department for the pay period during which the holiday occurred. The six (6) holidays for which this option applies are:
Lincoln’s Birthday
Martin Luther King, Jr. Birthday
President’s Day (Washington’s Birthday)
Memorial Day
Veteran’s Day
The Day Following Thanksgiving
14.8 The City reserves the right to modify this language based on CalPERS requirements.
14.9 Effective July 1, 2026, or the first full pay period after Council approves this MOU, whichever is later, the following provisions shall replace 14.2 through14.8 above.
14.9.1 All members of this bargaining unit shall be scheduled to work without regard for holidays and must work all holidays that fall on their scheduled work day. For purposes of this section, holidays are the actual date of the recognized holiday and not the day the holidays are observed by the City.
If a holiday falls on an employee’s scheduled work day, the employee must request and obtain prior approval to use the appropriate paid leave to have the holiday off.
17 14.9.2 In lieu of paid holidays off, all members of this bargaining unit receive six and one half percent (6.5%) calculated on base wage. The 6.5% equates to approximately 0.542% of base pay or approximately 11.274 hours of base pay per holiday. If the City Council recognizes an additional observed holiday, the amount of holiday pay shall increase by one half a percent (0.5%). The parties agree this holiday-in-lieu pay shall be reported to CalPERS as special compensation, unless directed otherwise by CalPERS.
All hours worked on holidays shall be paid at the rate of time and one-half (1.5). The premium paid for hours worked on a holiday shall not be reported to CalPERS, unless directed otherwise by CalPERS.
14.9.3 The City reserves the right to modify this language based on CalPERS requirements.
15. Vacation
In accordance with Policy & Procedure No. 37.17, VACATION.
15.1 The accrual of vacation for unit members shall be at the rates indicated below. The appropriate accrual for vacation shall be credited at the end of each full bi-weekly pay period during which such employee received fifty-six (56) hours straight time pay. No vacation credit shall accrue to an eligible employee who receives less than fifty-six (56) hours straight time pay for the bi-weekly pay period. Such straight time pay may consist of pay for regular hours worked or pay for approved vacation, sick leave, or compensatory time off.
15.2 The accrual rate of vacation shall be as follows for each pay period where the employee is eligible for vacation accrual:
During the 1st year: 4.615 hrs. vac. accrued each full pay period worked.
During the 2nd year: 5.231 hrs. vac. accrued each full pay period worked.
During the 3-7th year: 6.154 hrs. vac. accrued each full pay period worked.
During the 8-9th year: 6.462 hrs. vac. accrued each full pay period worked.
During the 10-12th year: 6.769 hrs. vac. accrued each full pay period worked.
During the l3th-l4th year: 7.385 hrs. vac. accrued each full pay period worked.
During the l5th-l9th year: 8.000 hrs. vac. accrued each full pay period worked.
During the 20th-25th year: 8.308 hrs. vac. accrued each full pay period worked.
During the 26th year and
thereafter: 8.654 hrs. vac. accrued each full pay period worked.
18 15.3 Upon the effective date of the implementation of the above vacation provisions, the entitlement of an Anniversary Date as a day off shall be discontinued.
15.4 Change in vacation accrual rates shall be effective at the beginning of the pay period that coincides with or follows the completion of the qualifying years of employment.
15.5 Vacation Usage
15.5.1 When possible, vacation should be taken within the year following the accrual year and must be requested in advance.
15.5.2 All scheduling of vacations is to be approved by the Chief of Police or designee giving due consideration to the wishes of the employee and the work requirements of the City.
15.5.3 Vacation may not be taken beyond that amount accrued. The authorization by the Chief of Police for vacation does not constitute authorization of paid vacation beyond the balance on hand at the time such vacation is taken.
Exceptions may only be made upon the recommendation of the Chief of Police and Human Resources and the approval of the City Manager.
15.5.4 Employees shall not be charged vacation usage for paid holidays occurring during the vacation period. For all employees, including those on a variable workweek, the holiday is equal to ten (10) hours.
15.5.5 Vacation may be used for any authorized absence (except disciplinary suspension) when no other paid leave resource is available.
15.6 Accrual Rate Upon Re-employment, Reinstatement or Rehire An employee shall retain the same vacation accrual rate in existence at the time of termination upon appointment from a Re-employment List; reinstatement into the Competitive Service or rehire within one (1) year of termination. When a rehire is more than one (1) year from the date of termination, the vacation accrual rate shall be the same as applied to a new employee.
15.7 Cash Payment in Lieu of Vacation Time Off
For the purposes of reducing excess vacation accrual, employees may elect to receive compensation (“cash-out”), annually, for a maximum of forty (40) hours of accrued vacation each year, so long as eighty (80) hours of accrued vacation remain for the benefit of the employee after the cash-out is taken. This election must be made in writing no later than December 31 of the calendar year prior to when the cash-out is scheduled to occur. By way of illustration, employees seeking a cash-out in calendar year 2027 must submit their cash-out election by December
19 31, 2026. This compensation shall occur on the first full pay period in August following submission of the irrevocable election form (See Attachment C). No exceptions will be made to this policy. If the non-revocable election is not made by December 31, there will be no other opportunity to cash-out vacation accruals until/unless the non-revocable election is made by the employee on or before December 31 of the following year.
15.8 Vacation Pay Upon Termination
The equivalent cash value of the unused vacation balance as of the last workday shall be included on the employee’s final paycheck; except that in cases of retirement from City service, the City Manager may approve the utilization of Available vacation time to extend the date of retirement per Administrative Policy- Vacation 37.17. Currently usage is limited to eighty (80) hours. Vacation is paid at the base hourly rate of pay.
15.9 Upon Death
Upon the death of an employee, payment of any unused vacation balance shall be made to that person designated by the employee on the Designation of Person to Receive Warrants or Checks Upon Death of Employee (Form No. PER 57) or to the employee’s estate.
16. Administrative Leave
Employees shall be entitled to administrative leave as provided in City Policy & Procedure
37.15, ADMINISTRATIVE LEAVE, and shall additionally be provided up to thirty (30) hours of administrative leave on an hour-for-hour basis for emergency overtime with the approval of the Police Chief. Such additional leave may only be taken as time off.
17. Employment, Advancement, & Retention
17.1 Probationary Period
Employees who successfully completed their probationary period and who resign and are subsequently reinstated from a reinstatement list shall have a six (6) month probationary period. Newly appointed probationary employees who are on a leave status in excess of three (3) months shall commence a new probationary period upon return to work.
17.2 Demotions
An employee in any classification covered in this MOU may be demoted to the next subordinate classification (a) upon the employee’s request, (b) as a result of a reduction in force (c) for disciplinary reasons, or (d) for other cause. In all cases the Chief of Police shall approve the demotion and notify the employee in writing of the action. Upon demotion, the employee will assume permanent status in the next subordinate classification and lose permanent status in the classification from which the employee was demoted. The pay shall be determined as follows:
20 17.2.1 Non-disciplinary Demotion. The employee shall be placed on the salary step in the next subordinate pay range that the employee would have achieved had the employee not been promoted to the classification held at the time of the demotion. The employee’s previous anniversary date shall be retained.
17.2.2 Disciplinary Demotion. In the event of a disciplinary demotion, which is subject to the disciplinary appeal procedure, the employee shall be placed on the salary step in the next subordinate pay range which is at least one step less than the dollar amount received in the pay range held at the time of the demotion. The employee’s original anniversary date in the lower rank shall be reinstated.
17.3 Status While on Authorized Leave of Absence Without Pay Authorized leaves of absence without pay shall not cause a break in service, and rights accrued at the time the leave is granted shall be retained by the employee.
However, vacation credits, sick leave credits, holidays, health benefits, and retirement benefits, increases in salary, and other similar benefits shall not accrue to a person granted such leave during the period of absence, unless required by law.
An employee returning after an authorized leave of absence without pay shall retain the same status and shall be placed at the same salary step in the pay range currently in effect for the class as the employee received when the leave commenced. Time spent on such leave without pay shall not count toward service for increases within the pay range, and the employee’s salary anniversary date shall be set forward a period of time equal to the employee’s total absence as adjusted to the beginning of the closest pay period.
17.4 Status of an Employee Upon Resignation or Retirement Employees who resign or retire give up permanent status and employment rights with the City, except as otherwise provided by the Personnel Rules, the Personnel Ordinance or other Policy & Procedures or Administrative Directives or other provisions of this MOU or relevant state or federal laws dealing with personnel matters. Employees who resign are expected to provide reasonable notice (usually two weeks) of their intent to resign and must be physically present and actively at workup through their date of termination.
18. Leaves of Absence with Pay
18.1 Use of Sick Leave
18.1.1 An eligible employee may use accrued sick leave for the following:
18.1.1.1 In the case of a bona fide illness of the employee.
18.1.1.2 In the event of the serious illness of a member of the employee’s immediate family.
21 18.1.1.3 In the event a scheduled medical or dental appointment for the eligible employee, the employee’s spouse or registered domestic partner, or the employee’s dependent children that requires the employee’s absence from work.
18.1.1.4 For any other reason as permitted by law.
18.1.2 Limitations
18.1.2.1 Sick leave shall not be used in lieu of or in addition to vacation.
18.1.2.2 If an employee is on sick leave on the day the City observes a holiday, that day shall not be counted as a day of sick leave.
18.1.2.3 If an employee’s request for use of sick leave would otherwise be approved, but there is no sick leave balance available for use, then the absence shall be charged to whatever vacation or compensatory time balance the
employee may have. If there are no such balances available, then the time off shall be recorded as authorized leave of absence without pay.
18.1.2.4 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.”
18.1.2.5 Misuse of sick leave may be cause for disciplinary action, including possible discharge.
18.1.2.6 Lack of proper notification or lack of evidence of illness or injury may be cause for denial of the use of sick leave.
18.1.2.7 When an employee has been absent for three (3) or more consecutive days, the employee’s supervisor, appointing authority, or the Human Resources Director may require the employee to provide a physician’s certificate, or other similar evidence, to support the need for an absence for which sick leave was requested.
18.1.2.8 The employee’s supervisor, appointing authority, or the
22 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.
18.1.3 Proper Notification
Employees shall provide, or make a diligent reasonable effort to provide, notice of absence to the immediate supervisor or the supervisor’s office (or to such person clearly designated by the immediate supervisor) within one hour preceding the employee’s work shift on the initial workday for which sick leave is being requested. The Chief of Police may, however, establish an earlier notification time that is to be observed by the employee.
18.2 Disciplinary Administrative Leave
An employee placed on administrative leave shall remain in pay status and shall be eligible for all benefit accruals as though actively at work. During a period of administrative leave, an employee shall remain in an on-call status during the regular work hours and be ready, able and available for work.
18.3 Jury Duty
The City shall provide Jury Duty leave with pay for those employees called or selected to serve for Court Jury Duty subject to the following:
18.3.1 An employee called for Jury Duty shall immediately notify the Chief of Police through the immediate supervisor by providing the Jury Summons indicating the date, time, and place or for a summons for call-in jury service.
An employee serving on Jury Duty may remain in a regular pay status and turn over to the City Jury Duty fees received (other than Court paid mileage allowance), or an employee may take vacation leave, compensatory leave, or leave without pay and retain all Jury Duty fees and allowances. Jury service performed on days where the employee would not have been regularly scheduled to work, are not compensated by the City.
18.3.2 Employees remaining in regular pay status shall immediately pay to the City’s Finance Department, through their department head, such amounts as received for Jury Duty fees.
18.3.3 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.
23 18.4 Bereavement Leave
Upon the death of a family member, employees are permitted to use up to five (5) paid days of bereavement leave. Days of bereavement leave need not be consecutive but shall be completed within three months of the date of the death of the family member.
For the purpose of this section “family member” is defined as a spouse or registered domestic partner, child, parent, sibling, grandparent, grandchild, or parent-in-law.
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.
19. Authorized Leave of Absence without Pay
19.1 Personal Leave
19.1.1 An employee shall not be entitled to a leave of absence as a matter of right, but upon request may be granted a leave of absence without pay upon good and sufficient reason. The granting or denial of such leave shall not be subject to the grievance or complaint procedure.
19.1.2 Authorization for Personal Leave of Absence without Pay. An employee’s request for leave of absence without pay may be granted by the Chief of Police for a period of up to five (5) working days. Upon recommendation of the Chief of Police and the Human Resources Department, requests for leaves of absence without pay for periods greater than five (5) days, but for no more than one (1) year, may be granted by the City Manager. The denial by the City Manager of an unpaid leave of absence request may be appealed to the Personnel Board.
19.1.3 Early Return from Authorized Leave of Absence without Pay. An employee may request permission from the appointing authority to return from an authorized leave of absence prior to the expiration of such leave.
Such a request may be granted at the discretion of the Chief of Police.
19.1.4 Failure to Return from Authorized Leave of Absence without Pay.
Failure of an employee to return to employment upon the termination of any authorized leave of absence without pay shall constitute a separation from service of that employee, unless such leave is extended by the appropriate authority as specified above.
19.2 Authorized Leave of Absence without Pay for Military Duty
19.2.1 The Uniformed Services Employment and Reemployment Rights Act of 1994, 38 U.S.C. §4301, et seq. and the California Military and Veteran’s Code, §389, et seq., describe the benefits and protections of employees serving in the military.
19.2.2 Notwithstanding any provisions of the federal or state laws which might
24 provide a lesser leave, reemployment, and/or reinstatement right, an employee shall be granted a leave of absence without pay for an indefinite period of time when the employee is called into active military service. A leave of absence without pay may be granted by the Chief of Police with the approval of the Human Resources Department for an employee who volunteers or enlists for active military service. Leave of absence without pay shall be automatically terminated for those who voluntarily extend or accept extension of their military service period.
19.3 Family Care Leave
Family care leave shall be as mandated by state and federal law, provided that the specific family care leave provisions of this MOU shall not be reduced during the term of this Memorandum of Understanding.
19.4 Catastrophic Leave
A voluntary employee leave donation program has been established as provided in the City’s Catastrophic Leave Policy and Procedure.
20. Discipline
20.1 Rules of Conduct
Disciplinary measures may be taken for any good and sufficient cause. Cause for disciplinary action shall include:
20.1.1 Fraud in securing appointment or falsification concerning records, fellow employees, or work performed.
20.1.2 Incompetency or inefficiency.
20.1.3 Inexcusable neglect of duty.
20.1.4 Insubordination.
20.1.5 Willful disobedience.
20.1.6 Endangering self or others; or failure to follow adopted safety practices, or failure to properly use required personal protective gear or equipment.
20.1.7 Use, purchase, transport, or sale of illegal drugs. This does not include the purchase, transportation, or sale of illegal or controlled drugs as part of necessary performance of duties.
20.1.8 Unless directed to do so by a superior as part of necessary performance of duties, (a) consuming any alcoholic beverage during any portion of duty time (including coffee breaks, paid or unpaid lunch, contract work
25 and overtime hours worked), or (b) purchasing or transporting for personal use any alcoholic beverage during any portion of paid duty time.
20.1.9 Reporting for or performing duty under impairment as a result of alcohol and/or drug abuse.
20.1.10 Dishonesty or immorality.
20.1.11 Conviction by any state or by the Federal Government for a crime, the punishment for which could have been imprisonment in a federal penitentiary or a state prison; or conviction of any crime involving moral turpitude.
20.1.12 Unauthorized absence without leave.
20.1.13 Discourteous or non-cooperative treatment of the public or other employees.
20.1.14 Misuse of or misappropriation of City property funds
20.1.15 Improper political activity as defined in Section 11311 of the Personnel Ordinance.
20.1.16 Failure to abide by any condition of employment stipulated in the Personnel Ordinance Personnel Rules, any personnel Policy & Procedure, Administrative Directive or Memorandum of Understanding used in the establishment and maintenance of the City’s personnel program; or by formal action of the Council or Board.
20.1.17 Failure to meet financial obligations to the extent that this leads to repeated attachment or garnishment of wages.
20.1.18 Acceptance of gifts or gratuities for favors or services performed during the course of City employment or due to City employment.
20.1.19 Any other acts or omissions which are incompatible with or unfavorable to the public service.
20.2 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.
20.2.1 Written Reprimand. When used as a disciplinary action a written
26 reprimand is an official notification to the employee that there is cause for dissatisfaction with the employee’s services and that further disciplinary measures may be taken if the cause is not corrected. Written reprimands shall be given in the manner and on forms prescribed or accepted by the Human Resources Department. Written reprimands shall be made a part of the employee’s official personnel record and may be considered as pertinent evidence or information in any hearing.
20.2.2 Suspension without pay shall be a temporary separation from City service not to exceed thirty (30) consecutive days.
20.2.3 Reduction in Step within range as a disciplinary measure is the withdrawal of step advancements granted for merit, efficiency, and length of service. Reduction in pay shall become effective on the effective date of the disciplinary action. In such case, the employee will be considered for future step advancement in accord with section
11.4.3 unless a shorter period is designated in the Order of Disciplinary Action.
20.2.4 Demotion without consent as a disciplinary action shall be a reduction in classification to a classification having a lower maximum salary.
Demotion without consent may be made to the classification having the lowest maximum salary in the classification series or a classification series comparable to that within which the employee’s position is located. The demotion may be to any designated step in the lower pay range which is at least one (1) step lower than the dollar amount received in the pay range for the classification from which demoted. The employee’s original anniversary date in the lower rank shall be reinstated. The demotion may be for a temporary period if so designated in the Order of Disciplinary Action.
20.2.5 Dismissal means the termination of an employee from the City service.
20.2.6 Warning Notice. A Warning Notice is an informal procedure used by a supervisor to caution an employee and is not an official disciplinary action. The warning notice may be issued verbally or in writing. If the notice is presented in writing, the form titled “Employee Discussion Record” (Form PER 30) shall be used, and it shall be retained within the employee’s department and purged after one (1) year if the situation corrects itself. In using this procedure, a written warning is not to be forwarded to the Human Resources Department for filing in the employee’s official personnel file. Warning notices are not subject to either the grievance procedure or discipline appeal process; however, they may be considered as pertinent evidence or information in any hearing resulting from any subsequent official action taken.
27 20.3 Authority for Disciplinary Actions
The Chief of Police shall have authority to take disciplinary action, provided also that the Chief of Police shall delegate to subordinate supervisory employees the authority to make immediate suspensions in emergency situations. The duration of such suspensions may not be stipulated, however, except by the Chief of Police.
The Human Resources Department shall be notified of any contemplated disciplinary action prior to the time it is taken, provided that in emergency situations or other instances when prior notification is not practicable, the Human Resources Department may be notified as soon as possible subsequent to the time the action is taken.
20.4 In the conduct of any pre-disciplinary investigation or interrogation the employee shall be afforded the due process protections contained in Government Code Section 3300 et. seq.
20.5 Notice to Employees
Before taking any of the disciplinary actions specified in Section 20.2 above against any employee who has passed the applicable probationary period, the City shall personally serve the employee with a “Notice of Intent to Take Disciplinary Action.” Such notice shall contain:
20.5.1 A statement describing the proposed disciplinary action.
20.5.2 A reference to the rule or standard violated.
20.5.3 A summary of the facts, including acts or omissions, which substantiate that the rule or standard was violated.
20.5.4 A statement that the employee may review and request copies of materials upon which the proposed disciplinary action is based.
20.5.5 A statement that the employee may respond to the Notice of Intent to Take Disciplinary Action orally and/or in writing before the action is taken.
20.6 Employee Response
If the employee would like to respond orally, the employee must notify the City in writing within seven (7) calendar days from the date the employee received the Notice of Intent to take Disciplinary Action. If a timely request was made, a pre- disciplinary conference shall be set for a mutually agreeable date, time, and location to take place no later than twenty-one (21) calendar days from the date the employee requested the conference. If the parties fail to reach a mutually agreeable date, time, and location for the pre-disciplinary conference, by the twenty-one (21) calendar day deadline, the City shall unilaterally set the pre-disciplinary conference date, time, and location, but no sooner than seven (7) calendar days from when the City
28 issues notice of unilaterally setting the conference date, time, and location.
If the employee would like to respond solely in writing, the employee has twenty- one (21) calendar days from the date the employee received the Notice of Intent to Take Disciplinary Action. If the employee has requested a pre-disciplinary conference, the written response must be received by 5:00 pm the day prior to the pre-disciplinary conference.
The parties may modify these response deadlines by mutual agreement, which shall be effective only upon written confirmation by the City.
If the employee does not responds within the timeframes set forth in this section, or within an authorized extension period the right to respond shall be forfeited.
20.7 Order of Disciplinary Action
At the expiration of the response period, and after consideration of the employee’s response, if any, the Chief of Police shall determine if disciplinary action is warranted. If so, a written notice, including specific charges as to offense and the time, place, and circumstances of such offense shall be made to the employee at the time when any disciplinary action is made effective, provided that in emergency situations or other instances when simultaneous notification is not practicable, written notification may be given the following calendar 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.
20.8 Effective Date
Disciplinary action shall be effective as of the time designated by the Chief of Police, provided that no disciplinary action shall be recorded with an effective date which is prior to the date such action is taken. In addition, except for suspensions under emergency situations, the effective date shall not be earlier than the date of the notice of Order of Disciplinary Action.
20.9 Right of Appeal
An employee who has received a disciplinary written reprimand, or who has been suspended, demoted, dismissed, or whose pay step is reduced in the pay range shall be entitled to request a hearing as set forth below.
20.10 Employee Representative
At any step in the discipline appeal procedure, the employee concerned will be represented by the Union or, alternatively, may elect self-representation or representation by legal counsel. In either case, the employee concerned shall be personally present at all stages unless that employee specifically waives the right in writing.
29 20.11 Appeal Procedure
Within fourteen (14) calendar days of the employee’s receipt of order of Disciplinary Action, the employee may request in writing to the Human Resources Director that the disciplinary decision be appealed to either, but not both, the Personnel Board or an arbitrator. In appeals of disciplinary written reprimands, the arbitration procedure, if elected, shall be an expedited procedure as described below.
20.11.1 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.
20.11.2 Arbitrator. Except as may be otherwise provided herein, the arbitration shall be conducted in accordance with the provisions of California Code of Civil Procedure, Section 1280 et seq. The decision of the arbitrator shall have the effect of a judgment.
Unless the parties mutually agree on an appropriate arbitrator within ten (10) calendar days from the date the employee requested to appeal the disciplinary decision to arbitration, the City shall request a list of no more than ten
(10) names provided by the California State Mediation and Conciliation Service (CSMCS). Once the list is received, the parties shall select an arbitrator within ten (10) calendar days by alternately striking names from the CSMCS list. 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 (1) name from the list until one (1) name remains and such person shall act as the arbitrator. The next to the last name stricken shall be the alternate arbitrator to serve in the event the first arbitrator is not available. This procedure shall be followed until there is an available arbitrator.
The cost of retaining the arbitrator and the incidental expense of the hearing shall be borne equally by the parties. However, if a party unilaterally cancels a scheduled arbitration after the arbitrator’s cancellation deadline, that party shall pay one hundred percent (100%) of the arbitrator’s cancellation fee. If the parties jointly cancel a scheduled arbitration after the arbitrator’s cancellation deadline, the arbitrator’s cancellation fee shall be borne equally by the parties.
20.11.2.1 Hearings on Appeals of Disciplinary Written Reprimands – Expedited Arbitration.
Hearings on appeal of disciplinary written reprimands shall occur within thirty (30) days of the selection of the arbitrator. Arbitrators
30 selected for this expedited process shall have a minimum of five years of full time arbitration experience, including experience in expedited processes without written briefs. The arbitration process shall last a maximum of one (1) calendar day. No briefs shall be filed or received, and the matter shall be the subject of oral argument only, at the conclusion of the day of hearing. The arbitrator shall announce his or her decision from the bench, and/or may issue a written confirmation of the award within three (3) days thereafter. The award shall succinctly state the issue, facts, rationale and conclusion.
20.11.2.2 Hearings on Appeals of Other Disciplinary Actions Subject to the availability of the arbitrator, hearings on appeal of disciplinary actions other than written reprimands shall occur as soon as practicable but no later than within six (6) months of the selection of the arbitrator, unless the parties agree otherwise. If an arbitration has not
commenced within the six (6) month period and the parties have not agreed otherwise, the parties shall submit the matter to the selected arbitrator to set the hearing on a date within three (3) months that is binding on both parties, or as soon thereafter, subject to the availability of the arbitrator.
20.11.3 Decision—Final and Binding. The decision of the Personnel Board or the arbitrator, whichever is selected, shall be made in writing within fourteen (14) calendar 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.
20.11.3.1 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:
20.11.3.1.1 There is no evidence to justify the
disciplinary action taken.
20.11.3.1.2 A violation or omission of procedure for
disciplinary action was made, which
violation or omission resulted in prejudice to
the employee.
31 20.11.3.1.3 The action taken resulted from political, religious, or racial bias or prejudice.
20.11.3.1.4 The action taken was unreasonable,
capricious, or arbitrary in view of the offense,
the circumstances surrounding the offense,
and the past record of the employee.
20.11.3.2 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 20.8 and ending with the date of final decision.
20.11.3.3 Limitation. No reimbursement shall be made for any portion of the said period during which the employee was not ready, willing, and able to perform the duties of the position (excluding bona fide sick leave).
20.12 Waiver of Steps or Time Limits
Notwithstanding any provision in this section, any time limit or stage of procedure specified in this section may be waived upon consent of all parties involved.
20.13 No Interruption of Work
During the determination of a discipline appeal herein, there shall be no interruption of scheduled work relating to the discipline appeal, except as provided by section
20.10. Nothing herein prevents the presentation of testimony, during duty time, for employee-witnesses per prior arrangement with the Department or through the subpoena procedure set forth at California Code of Civil Procedure, Section 1282.6.
Scheduling of such witnesses shall be in accordance with operational requirements; employee-witnesses must obtain prior approval from the Department (at the supervisor-level or higher) prior to the appearance.
21. Grievance Procedure
21.1 Definition
A grievance is any dispute which involves the interpretation or application of any provision of this MOU, or an alleged violation of any provision of the Personnel Ordinance, Personnel Rules, Policy and Procedure, Resolution of Council, or Administrative Directive dealing with personnel matters, excluding, however, those provisions of this MOU which specifically provide that the decision of any City official shall be final.
32 21.2 Employee Representative
At any step in the grievance procedure, the employee concerned will be represented by the Association or, alternatively, may elect self-representation or representation by legal counsel. In either case, the employee concerned shall be personally present at all stages unless that employee specifically waives the right in writing.
21.3 Class Actions & Association Grievances
In the event more than one (1) employee is directly involved with an issue, the employees may, at any step in the grievance procedure, name one (1) of their members to carry the grievance through the procedure as a class action and be represented by the Association. In a class action grievance, that named employee directly concerned shall be personally present at all stages. The Association will have the sole discretion to advance any Class Action Grievance to the Fourth Step.
21.4 Parties’ Intent
It is the intent to deal with and settle grievances informally and at the nearest practical organizational level and as promptly and fairly as possible. Whenever feasible, grievances will be handled during the regularly scheduled working day hours of the parties involved.
21.5 Procedure
21.5.1 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.
21.5.2 Second Step. If a mutually satisfactory solution of a grievance as specified in the paragraph above is not reached, then within fourteen (14) calendar days of the discussion with the immediate supervisor, the employee or employees aggrieved may reduce the grievance to writing.
The grievance shall set forth all of the issues involved; shall be dated and signed by the employee or employees; and shall be submitted to the Chief of Police. The Chief of Police or the person appointed by the Chief of Police to hear and determine the grievance at this step shall make such investigation of the facts and issues as is required and reach a conclusion at the earliest date consistent with the nature of the investigation and with normal conduct of the department’s business.
Upon reaching such conclusion, but in any event within fourteen (14) calendar days of the receipt of the grievance statement, the Chief of Police or designee shall reply in writing stating the department’s view of the issue involved.
21.5.3 Third Step. If the grievance has not been disposed of in the second step,
33 the employee, within fourteen (14) calendar 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 twenty (20) calendar 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.
21.5.4 Fourth Step. Within fourteen (14) calendar 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.
21.5.5 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.
21.5.6 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 Mediation & Conciliation Service (CSMCS). After a toss of the coin to decide which party shall move first, the representative of the City and the employee (or the employee’s representative) shall alternately strike one (1) name from the list until one (1) name remains, and such person shall act as the arbitrator. The next to the last name stricken shall be the alternate arbitrator to serve in the event the first arbitrator is not available. This procedure shall be followed until there is an available arbitrator.
The cost of retaining the arbitrator and the incidental expense of hearing shall be borne equally by the parties.
21.5.7 Decision—Final and Binding. The decision of the Personnel Board or the arbitrator, whichever is selected, shall be made in writing within fourteen (14) calendar 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,
34 directives, or procedures and shall not change existing wage rate schedules or employee benefits.
21.6 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 and/or extended upon consent of all parties involved.
21.7 No Interruption of Work
During the determination of a grievance herein, there shall be no interruption of scheduled work relating to the grievance, except as provided for in Section 20.13.
22. Safety and Health
22.1 Safety
Safety Committee. There shall be a City Employee Safety Committee. Committee members shall designate a chairperson and vice chairperson, one (1) 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 Association of Safety Committee vacancies and the Association may make committee appointments after consulting with, and considering the concerns of, the employees’ Department Head. The Association shall be entitled to appoint up to two (2) committee members and one (1) alternate for each representation unit. If the Association elects not to make an appointment, the City Manager may.
22.2 Safety Glasses Program
The safety glass frame allowance is sixty dollars ($60.00). All other terms and conditions are to remain the same.
22.3 Inoculations
Employees in the Unit will be included in any voluntary preventative flu or hepatitis inoculation program which the City may conduct at its discretion.
22.4 Wellness Program
The City shall maintain a Wellness Program for all City of Concord employees.
22.5 Fit for Duty
22.5.1 The City requires that all employees be capable of performing the essential functions with or without reasonable accommodation of his/her the assigned position. The City may require employees to be subject to medical examinations which shall be arranged by and conducted at the City’s expense to determine fitness for duty.
35 22.5.2 No employee shall hold any position in a class for which the employee is unable to perform fully the essential duties of such position without hazard to either the employee or others. Within the limitations indicated, and consistent with the provisions of existing Personnel Rules, the City will engage in the interactive process to determine if workplace restrictions can be reasonable accommodated within the employees current position or in another available position for which the employee is qualified.
22.6 Stress Management
The parties agree on the importance of continuing to provide stress management awareness and training opportunities.
23. Benefit Plans
23.1 Group Medical Coverage
23.1.1 Active Employees
23.1.1.1 The City shall continue to contract with CalPERS for medical insurance plans for unit employees through the term of this Agreement.
23.1.1.2 The City shall pay ninety percent (90%) of the Kaiser premium at each rate of coverage (Single Party, Two-Party, Family):
Single Party $671.82
Two-Party $1,343.65
Family $1,746.74
23.1.1.3 Beginning with Plan Year 2017, the parties agree to share seventy-five percent (75%) City and twenty-five percent (25%) employee any future increases (or decreases) in the Kaiser Premium.
The City contribution towards medical premiums shall be calculated as follows: ninety percent (90%) of 2016 Kaiser premium + (current Kaiser Premium – 2016 Kaiser
premium*(.75))
Sixty (60) days prior to the effective date of the new Kaiser premium rates, as announced by CalPERS, the parties will meet to calculate the City and employee contributions.
23.1.2 Flexible Spending Account (IRC Section 125):
36 23.1.2.1 The City provides a salary reduction program which allows employees to make pre-tax contributions for dependent care and health benefit premiums in accordance with Internal Revenue Service (IRS) codes 125/129.
23.1.2.2 The City makes a direct contribution to CalPERS equal to the minimum employer contribution for employees
participating in the Public Employees Medical and Hospital Care Act (PEMHCA) on behalf of each active employee.
23.1.2.3 The City’s total contribution on behalf of each active employee is an amount which, together with the minimum
PEMHCA contribution, equals the City contribution
calculated in Section 23.1.1. For 2026, the PEMHCA
minimum is $162 per month.
[HISTORICAL EXAMPLE: If the PEMHCA minimum
contribution is $136, and the City’s share of premium for Employee Only is $671.82, then the City will make a direct PEMHCA payment of $136 and make available $535.82 to
the employee under the premium conversion arrangement.]
23.1.2.4 Employees with medical coverage from a source other than through their employment with the City may request that their medical coverage as employees of the City be
terminated; and shall, in lieu of that coverage be paid as follows:
• For those qualified and hired by the City of Concord
before January 1, 2015, Medical in Lieu shall be .
$184.62 per pay period.
• For those qualified and hired by the City on or after January 1, 2015, Medical in Lieu shall be $92.31 per pay period.
Medical in lieu payments will begin the first pay period after health insurance coverage would be effective.
Employees who opt out of the CalPERS medical plan and receive cash must provide the following: (1) proof that the employee and all individuals for whom the employee intends to claim a personal exemption deduction (“tax family”), have or will have minimum essential coverage through another source (other than coverage in the individual market, whether or not obtained through Covered California) for the plan year to which the opt out arrangement applies (“opt out period”); and (2) the employee must sign an
37 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 thirty (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.
23.1.2.5 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
23.1.3 Retiree Medical Insurance
Current employees hired prior to 8/2/2016 and who meet the requirements set forth in this section shall be vested per the following vesting schedule up to the flat dollar contribution rates set forth in the charge below, determined by the level of coverage selected (Single Party, Two-Party, and Family) plan type:
23.1.3.1 Vesting Schedule:
• 0 – 9 years of City of Concord service – PEMHCA minimum • 10 – 14 years of City of Concord service – Two-Party
• 15+ years of City of Concord service – Family
By the term “vested”, the parties hereby expressly demonstrate their intent to memorialize the obligation of the City to provide the retiree medical insurance benefit described in section 23.1.3.3 to eligible future retirees (those hired prior to August 2, 2016) who retire directly from the City of Concord. Eligible retirees may elect to participate in or drop out of retiree medical coverage during any Open Enrollment period; however the employer contribution only applies for the period(s) of time
38 that the eligible retiree is participating in retiree medical coverage through the City. The City’s obligation described herein will not cease upon expiration, termination, or modification of this agreement.
23.1.3.2 Exception for Current Employees who become disabled and retire from the City of Concord and CalPERS:
Current employees (those hired prior to the date of this agreement) who become disabled during the course of their employment shall not be subject to the vesting schedule for retiree medical benefits.
23.1.3.3 Plan Types:
• Basic Plan (Pre-Medicare)
• Supplemental Medicare Plan (Retiree and dependent(s) are Medicare eligible)
• Combination Plan (when at least one (1) covered party – retiree or dependent are Medicare eligible but at least one (1) of the other covered individuals is not Medicare eligible) Plan Type – Basic Plan (Pre-Medicare)
Level of Coverage City Monthly
Contribution
Single Party Only $671.82
Two-Party $1,343.65
Family $1,746.74
Plan Type – Supplemental Medicare Plan Type (Retiree and dependent(s) are all Medicare eligible)
Level of Coverage City Monthly
Contribution
Medicare Retiree Only $287.52
Medicare Retiree+1 Medicare Dependent $575.04
Medicare Retiree+2 or more Medicare Dependents $862.56
Plan Type – Combination Plan Type Option 1 (Retiree is Medicare eligible, but dependent(s) are not)
Level of Coverage City Monthly
Contribution
Medicare Retiree+1 Basic Dependent $937.30
Medicare Retiree+2 or more Basic Dependents $1,321.01
Medicare Retiree+1 Medicare Dependent+1 or more Basic Dependent(s) $974.16
39 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
23.1.3.4 Retiree contributions will vary based on future changes to health premiums and health plan selected. However, the
City contribution shall be fixed at the levels listed above.
In the event that the retiree selects a medical plan with a premium less than the City’s fixed contribution, the City shall pay the lesser amount.
23.1.3.5 Employees hired on or after 8/2/2016 and employees hired before 8/2/2016 but who work fewer than ten (10)
continuous years for the City of Concord shall have no
vested right to retiree medical benefits and shall only be entitled to the minimum contribution rate provided by law.
However, any employee who retired directly from City of Concord and was eligible for the retirement medical benefit prior to 8/2/2016, but subsequently returns to employment with Concord shall retain his/her eligibility for retirement health benefits pursuant to Section 23.1.3. In addition, any employee who has received a conditional offer of
employment with the City prior to the effective date of this agreement shall be treated as an active employee on the effective date for purposes of Section 23.1.3.
23.1.3.6 The contiguous City service requirement in Section 23.1.3.5 applies only to the initial qualification for retiree medical benefits under Section 23.1.3. Employees hired before
8/2/2016 who serve ten (10) or more years and retire directly from the City may aggregate prior service in calculating City contribution levels in Section 23.1.3.1.
Example 1. Employee 1 is initially employed by the City in 1995, works for the City for ten (10) years and then leaves. This employee is rehired by the City on August 30, 2016 and elects to retire from the City in December 2018. Although Employee 1 has twelve (12) years of total City service, Employee 1 is only eligible to receive the PEMHCA minimum contribution because their employment with the City immediately preceding retirement
40 began after 8/2/2016.
Example 2. Employee 2 is initially hired by the City in 1990 and works for twelve (12) contiguous years. Employee 2 leaves City service in 2002, but is rehired by the City in 2006 and works continuously for twelve (12) years until 2018 when Employee 2 retires. Because (a) Employee 2’s employment with the City immediately preceding retirement began before August 2, 2016, (b) Employee 2 worked more than ten (10) contiguous years during the second stint of employment, and (c) Employee 2 retired directly from the City, Employee 2 is eligible for the Family level of flat dollar contribution based on their twenty-four (24) years of cumulative service, although not contiguous.
Example 3. Employee 3 is initially hired by the City in 1995, works for the City for ten (10) years and leaves for another agency. Employee 3 is rehired by the City in 2012 and retires from the City in 2018, after six (6) years of service. Employee 3 is only eligible to receive the PEMHCA minimum contribution because Employee 3 did not work at least ten (10) years of contiguous service during their last employment with the City.
23.1.4 The parties agree to re-open to meet and confer on regulatory changes related to the Affordable Care Act which arise during the term of this MOU.
23.1.5 The City agrees to continue to pay that amount of premium in effect determined by 22.1.1 above for employee and dependent coverage for that type of City contracted health plan the employee is a member of when s/he becomes disabled due to a City of Concord workers’ compensation injury. Such coverage shall extend for up to one year from the date of injury or to the date when the employee’s disability is determined to be permanent and stationary, whichever comes first.
23.1.6 Plan adjustments that maybe stipulated by carriers as mandatory may be incorporated into the described health insurance program without contradicting the concept of the “present level of coverage.”
23.1.7 Extended health care coverage for retired or disabled Police Managers shall be provided as described in Attachment “A” of this document.
Commencing July 1, 1998, Attachment “A” provisions shall apply only to extended health care coverage for temporary disabled Police Managers and retired unit members as applicable.
23.1.8 The City shall provide a salary reduction program which allows employees to make pre-tax contributions for health benefits pursuant to the provisions of Internal Revenue Code sections 125 and 129.
41 23.2 Dental Plans:
23.2.1 The City will maintain the current level of coverage for the term of the MOU Association and pay total premium cost for employee and dependents.
23.2.2 Orthodontic coverage shall be provided to the employee, the employee’s eligible spouse and dependent children under the age of 26 years. Such orthodontic coverage shall have a limit of $4,000 maximum cost to the City for the lifetime of the covered person. Effective January 1, 2027 or as soon as administratively feasible thereafter, the orthodontic coverage shall be on an 80% / 20% co-payment basis with a limit of a $5,000 cost to the City for the lifetime of the covered person.
23.2.3 The dental coverage shall provide that if an eligible person selects a more expensive plan of treatment than is customarily provided, or specialized techniques rather than standard procedures, the dental claims administrator will pay the applicable percentage of the lesser fee and the patient is responsible for the remainder of the dentist’s fee. For example, a crown where a filling would restore a tooth, a gold crown where one constructed of semi-precious materials would restore the tooth, or a precision denture where a standard denture would suffice.
Thus, the use of gold for crowns and jackets may be considered an optional benefit whenever the patient and dentist elect to use gold when other materials generally accepted by the dental profession will adequately restore the tooth; the additional cost, if any, would be the responsibility of the patient.
23.2.4 Plan adjustments that may be stipulated by carriers as mandatory may be incorporated into the described health insurance program with contradicting the concept of “present level of coverage.”
23.2.5 The City shall provide one hundred percent (100%) coverage for all Diagnostic & Preventative Benefits for the employees included in this MOU.
23.3 Life Insurance
23.3.1 Group Term Life Insurance. The City will provide a life insurance benefit equal to two times the employee’s current annual earnings, not to exceed $400,000 during the term of this MOU.
23.3.2 Death Benefit. The death benefit shall be the amount of an employee’s Accumulated Retirement Contributions and the amount of insurance payable under the Group Term Life Insurance Policy.
42 23.4 Long Term Disability
The City will maintain the current Long Term Disability benefit program during the term of this MOU.
23.5 Job Injury Leave With Pay for Peace Officers
There shall be provided a category of leave known as “Job Injury Leave With Pay for Peace Officers”. As used in this section the term “4850” refers to Section 4850 of the Government Code. Such leave shall be administered according to the following provisions:
23.5.1 Eligibility. Any full-time, sworn employee occupying a regular position, regardless of such employees period of service with the City, who may be disabled due to an injury or illness arising out of and in the course of employment with the City of Concord, shall be eligible for 4850 benefits.
23.5.2 Disability Determination. The determination of temporary total, or partial disability shall be made by the City’s appointed medical examiner. In the event of a dispute, the finding, and order of the Worker’s Compensation Appeals Board (WCAB) regarding an application filed in connection with the injury or illness, claimed to have arisen out of or in the course of employment shall be binding upon both the City and the police officer with respect to: (1) disability; (2) whether the disability is job-incurred; and (3) whether the disability is total, temporary, partial, or permanent and stationary.
23.5.3 Compensation During Job Injury Leave
23.5.3.1 Workers’ Compensation. Temporary disability indemnity payments shall be augmented by 4850 benefits to maintain the disabled officer at full base salary as that term is defined under California Labor Code 4850. If temporary disability indemnity is not provided during the workers’
compensation waiting period, or for partial days lost due to the job-incurred disability, 4850 benefits shall be
provided.
23.5.3.2 Salary. The salary to which the police officer is entitled while on 4850 benefits shall be that required under
California Labor Code section 4850, and may be increased by any general adjustments to the salary range that may occur during the course of the 4850 benefits.
23.5.3.3 Social Security. As a condition of receiving 4850 benefits, the disabled police officer shall apply, when eligible, for disability benefits from Social Security. Benefits paid to the police officer or the officers dependents while receiving
43 4850 benefits shall be made payable to the City by the disabled police officer. Failure of the employee to make application for Social Security benefits shall not prevent the City from making a deduction from the amount owing the
employee consisting of the Social Security benefits to which the employee may have been entitled
23.5.3.4 Other Disability Income. Benefits paid the disabled police officer by private plans paid for by that employee and
without participation by the City shall be in addition to income provided by 4850 benefits.
23.5.4 Duration of Leave. The eligible police officer shall be entitled to 4850 benefits for the period of temporary disability not to exceed one (1) year cumulatively from the date of the job-incurred disability.
If at any time during 4850 leave, the appointing authority finds that the disability is permanent and stationary and the officer will be unable to return to work in his/her classification, the disabled officer shall be removed from 4850 leave status and shall apply for benefits under the City’s Long-Term Disability (LTD) program. (See 22.6.10 below) If the disabled officer does not consider the condition permanent and stationary to the extent that he/she is unable to return to work in that classification, the officer shall so notify the City in writing within ten (10) days of being removed from 4850 leave. The matter shall be resolved by the Workers’ Compensation Appeals Board under the provisions of Labor Code Section 6144.
The decision of the Workers’ Compensation Appeals Board upon this issue may be appealed by either party to the Superior Court, providing this appeal is filed within twenty (20) days from the date the arbitration award is issued by the Workers’ Compensation Appeals Board or the court in the event an appeal is taken from the decision of the Workers’ Compensation Appeals Board.
Pending the accrual of benefits under the Long-Term Disability program, or benefits under the Concord Retirement System, there shall be paid to the employee by the City, a sum equivalent to that which the employee would ordinarily receive under the City’s Long-Term Disability program or Retirement Benefits, whichever program the employee elects to proceed under. In the event the Workers’ Compensation Appeals Board finds that the officer’s disability is not permanent and stationary, and the officer’s condition is such that he/she cannot at that time be considered permanently unable to return to work, there shall be paid to the officer retroactively to the date payment of 4850 leave ceased, an amount equal to that which he/she would have
44 received as 4850 benefits less any benefit payments provided under the City’s LTD program or Social Security disability benefits paid to the officer or the officer’s dependents.
23.5.5 Impact of 4850 Benefits on Other Benefit Programs
23.5.5.1 Employees who are on 4850 leave shall accrue sick and vacation leave and shall receive any regular uniform
allowance, Leave accrual and uniform allowance shall not exceed 12 months while on temporary job injury leave.
23.5.5.2 Life Insurance. The amount of life insurance then in effect and provided by the City at the time of the police officer’s job-incurred disability shall remain in force and continue to be provided at the City’s expense throughout the duration of 4850 benefits.
23.5.5.3 Medical and Dental Plans . While on 4850 benefits, the City will continue to pay on behalf of the disabled police officer, and the officer’s eligible dependents, coverage under any of the group health and dental plans offered by the City and in which the officer is enrolled as provided in the “Dental Plan” and “Health Plan” sections of this
Memorandum of Understanding.
23.5.5.4 Retirement System. Employee contributions are to be continued by the police officer while on 4850 leave and this period of time shall be included as years of service under the Concord Retirement System. Employee contributions
while on 4850 will be contributed under the PERS system and shall be included as years of service under that system.
23.5.6 Step Increases. The interval between any step increase for which the police officer would otherwise be considered shall be extended by the duration of 4850 benefits leave and a new anniversary date shall be established as of the effective date of any step increase granted following the reinstatement of the police officer from 4850 benefits.
23.5.7 Probationary Appointments. If the police officer was serving a Probationary Appointment when disabled on the job and the officer is subsequently reinstated from 4850 leave to a position in the class occupied at the time of disability, the probation appointment period shall be extended by the duration of 4850 leave.
23.5.8 Seniority. The police officer’s seniority shall continue to accrue during the duration of 4850 leave and may be used for whatever purpose seniority is used by the Police Department according to their regulations.
45 23.5.9 Return to Work. If the disabled police officer recovers and is released for full-time employment and duty status in the officer’s own classification, all benefits under 4850 benefits provisions shall cease and the employee shall immediately return to work upon medical release.
This reinstatement from 4850 benefits shall be made even if it requires the use of the City’s layoff procedure. Medical release for return to work shall be determined and provided by the City’s appointed medical examiner.
23.5.10 Long-Term Disability. The Long-Term Disability (LTD) program runs concurrently with 4850 leave. Although an officer may be eligible to receive LTD benefits based upon eligibility criteria from the first date of disability as determined by the LTD claims administrator, such LTD benefits are not paid inasmuch as the 4850 benefit exceeds the guaranteed LTD income level. At the end of the maximum one (1) year period of 4850 benefits, or a declaration of permanent and stationary and inability to return to work in his/her own occupation, whichever occurs first, the disabled officer would continue to be guaranteed the income level offered by the LTD program for a period of up to twenty- six (26) months beyond the first date of disability under the “own occupation” definition of disability. However, eligibility for LTD benefits under the “own occupation” definition shall be extended from twenty-six (26) months to a maximum of thirty-six (36) months from the first date of disability when all of the following conditions are met:
23.5.10.1 The injury/illness causing the disability occurs on or after July 2, 1984; and
23.5.10.2 The disability has been accepted by the City’s workers’ compensation claims administrator as being a disability arising out of and in the course of employment; and
23.5.10.3 There continues to be medical certification by the City’s appointed medical examiner that the officer is unable to perform the full duties of his/her classification.
23.5.10.4 The extension period (beginning on the twenty-seventh [27th] through the thirty-sixth [36th] month described
above) shall be canceled at any time during this period if any of the events shown below should occur:
23.5.10.4.1 Determination is made by the City’s
appointed medical examiner that the officer
is no longer disabled from performing the full
duties of his/her own classification; or
46 23.5.10.4.2 The extension period does not alter any
eligibility or other provisions under which
Long-Term Disability benefits are provided.
23.5.10.5 Effective June 21, 1993, the City’s Long Term Disability plan will become an independent program from the PERS
retirement system and the continuation of service credit will only be provided during the maximum one (1) year of 4850 or a declaration of permanent and stationary and inability to return to work in his/her own occupation, whichever occurs first.
23.6 Retirement Contribution
23.6.1 The City provides retirement benefits to employees under the California Public Employees Retirement System (“CalPERS”) and, in the administration of the retirement program, PERS Rules and Regulations shall apply.
23.6.2 “Classic employees” participate in the CalPERS 3% at 50 plan. Classic employees contribute twelve percent (12%) member contribution to CalPERS.
23.6.3 “New members” hired after January 1, 2013 under the Public Employee Pension Reform Act (PEPRA), participate in the California Public Employees Retirement System Local Safety 2.7% at 57 retirement formula, and complies with Government Code sections 7522 et seq., including but not limited to a cap on pension benefits, and the three (3) year average for calculating final compensation.
23.6.4 New members pay fifty percent (50%) of the normal cost for their pension benefit as identified by CalPERS.
23.7 Retirement Social Security Offset
The City’s contract with CalPERS includes a provision called “Full Formula Plus Social Security” as defined in Section 20499 of the Public Employees’ Retirement Law. This eliminates the coordination of retirement and Social Security benefits, and provides full CalPERS benefits for members in this representation unit employed on or after the effective date the City’s CalPERS contract was amended to provide this benefit, November 11, 1994.
23.8 Conversion of Sick Leave to Retirement Service Credit Upon retirement, unused accrued sick leave can be used to extend service credit and an employee will receive 0.004 years of service credit for each eight (8) hours of unused accrued sick leave pursuant to CalPERS regulations. Alternatively, an employee can elect to cash out up to eight hundred (800) hours of unused accrued sick leave at the rate of two hours of pay for each eight (8) hours of unused accrued
47 sick leave. An employee can also elect a combination of cash out up to the maximum eight hundred (800) hours (200 hours pay) and extended service for the balance.
23.9 Disability Benefit Coordination
City will provide coordination of industrial disability benefits to fifty (50) percent, i.e. the sworn retirement system shall provide the difference between the amount received for an approved disability allowance from the PERS retirement system and fifty (50) percent of final compensation for members actively on the payroll June 21, 1993, who have completed at least twelve and a half (12.5) years of sworn service with the City of Concord. This action was approved by the Retirement Board on January 26, 1994, and City Council approval as of November 11, 1994.
23.10 Deferred Compensation
Management employees shall be eligible to participate voluntarily in the City of Concord Deferred Compensation Plan subject to Internal Revenue Service approval. Further, the City shall provide an employer-paid 401(k) contribution equal to three percent (3%) of the Unit member’s base wage. The contributions will be made on a per pay-period basis.
23.10.1 Additional $2,000 Annual Employer Paid Contribution to the 401(k) Deferred Compensation Program
The City will provide an additional $2,000 flat-dollar employer paid contribution to the 401(k) deferred compensation account for all PMA members. The contribution will be made on a per-pay-period basis.
23.11 Employee Assistance Program
The City shall continue to maintain an Employee Assistance Program (E.A.P.). The parties agree that the minimum visits for Unit employees shall be eight (8) per contract year for employees and their eligible dependents.
23.12 Tuition Reimbursement
23.12.1 The application of the Tuition Refund Program will exclude graduation fees and if a text book is to be retained at the request of the employee and with the approval of the department head, the City will pay fifty percent (50%) of the costs for such books rather than one hundred percent (100%).
23.12.2 The Tuition Refund for Employee Schooling (Policy & Procedure No. 42) shall not apply to any course or program conducted by an educational institution through a contractual relationship with any type of “Educational Broker.” Further, the City shall not recognize or pay for in any way any “life experience” credits that may be granted by any educational institution.
48 23.12.3 The maximum benefit payable to an employee per fiscal year for approved course work successfully completed at a school that is privately owned and/or operated shall not exceed $1,500. No limit shall apply to schools that are publicly owned and/or operated.
Policy & Procedure No. 42, titled TUITION FOR EMPLOYEE
SCHOOLING shall be amended as follows:
2.5 The course is completed with a grade better than a C- or a certificate of satisfactory completion.
4.22 Unit Members. Reimbursement for books retained by the employee will be limited to fifty percent (50%) of cost. This policy shall not apply to any course or program conducted by an educational institution through a contractual relationship with any type of “Educational Broker” nor shall the City recognize or pay for any “Life Experience” credits that may be granted by any educational institution.
Excluded from reimbursement are computer hardware and software and battery operated or electric calculators.
24. Take Home Vehicles
Police Captains who are assigned take home vehicles shall have full and exclusive use of their assigned take home vehicle.
24.1 Said vehicle is to be used by the Police Captain in connection with their duties as a Concord Police Captain and for incidental personal reasons whereby the Captain is available to respond to a threshold event.
24.2 The Police Captain shall not use this vehicle for family vacations or trips in which the Captain would not reasonably be expected to respond to an incident or event.
24.3 The Police Captain shall not allow a third party to drive the vehicle, except by City personnel in the performance of City business or in the course of routine vehicle maintenance or repair.
24.4 The Police Captain shall not use the vehicle for, or in the furtherance of, any unlawful purpose or act, or for private commercial gain.
24.5 Alcohol consumption is prohibited whenever using the assigned vehicle.
25. Uniforms
25.1 Emblems and Insignia
25.1.1 The City shall provide City emblem shoulder patches for police uniforms under a program regulated by the Chief of Police.
49 25.1.2 Upon promotion, an employee within the Unit shall be provided by the City two (2) complete sets of jacket and one (1) set of shirt bar emblems and insignia appropriate for rank involved. This does not include service stripes which may be worn at the expense and discretion of the Manager, except that for the 20 th and 25 th year of total peace officer service, the City shall provide, at the request of the Manager, four (4) sets of service stripes, each stripe denoting five years of peace officer service. Such service stripes are to be worn at the expense and discretion of the Manager.
25.2 Uniform Allowance
25.2.1 An annual uniform allowance shall be paid in twenty-six (26) equal installments over the fiscal year, with the first payment being made in the first full pay period in July. In the event there is a 27th pay period in the fiscal year, there shall not be a payment in the 27 th pay period. The annual uniform allowance shall be one thousand four hundred dollars ($1,400.00).
25.2.2 New hires shall receive a one-time lump sum payment of $1,400 to purchase new uniforms; this lump sum payment shall be made on their payday after the new hire’s first full pay period. Each subsequent fiscal year, the employee shall receive the annual $1,400 uniform allowance as described in 24.2.
25.2.3 The parties agree that for “classic members” (as defined by CalPERS), this is special compensation and shall be reported as such, to the extent legally permissible, pursuant to Title 2 CCR, Section 571(a)(5) as Uniform Allowance.
26. Reimbursement
26.1 Damaged or Lost Personal Property
Subject to the following provisions, claims for damaged or lost personal property of an employee shall, when such damage or loss results directly from the performance of work in the line of duty, be reimbursed. Such personal property must have been necessarily worn, used, or carried by the employee in order to adequately fulfill the duties and requirements of the job.
26.1.1 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.
26.1.2 Damage to or loss of personal property occurring in all but the following circumstances shall be eligible for reimbursement:
26.1.2.1 Theft or vandalism.
50 26.1.2.2 Ordinary wear and tear.
26.1.3 Employee carelessness, negligence, or lack of proper care.
26.1.3.1 Events normally encountered or anticipated in the job and subject to the control of the employee.
26.1.3.2 Incidents occurring outside hours actually worked (for example: breaks, meal periods, standby duty
26.1.4 An employee shall be eligible for reimbursement for damage to or loss of any personal property except:
26.1.4.1 Tools or equipment used without the express approval of the appointing authority.
26.1.4.2 Items not required as part of a uniform or duty equipment such as jewelry.
26.1.4.3 Clothing provided at City cost.
26.1.4.4 Vehicles.
26.1.4.5 Items that have exceeded their normal life
expectancy.
26.1.4.6 Items compensable by Workers’ Compensation coverage or the employee’s insurance.
26.1.5 Following verification of eligibility for payment, reimbursement shall be as prompt as possible. Reimbursement shall be limited as follows:
26.1.5.1 For items that may be repaired, reimbursement is limited to the actual cost to repair the item.
26.1.5.2 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.
26.1.5.3 Reimbursement for watches shall be limited to $50.00.
Reimbursement for cash shall be limited to $25.00.
26.1.6 Claims Procedure:
26.1.6.1 An employee may submit a claim on a form designated by the City to the immediate supervisor for review within thirty (30) calendar days of the incident which resulted in loss or damage. Claims submitted more than thirty (30) days
following the incident may be considered only if the Chief
51 of Police accepts an explanation for the delay
26.1.6.2 The employee’s supervisor will review the claim and complete that portion designated for supervisory response and forward the claim form to the Chief of Police.
26.1.6.3 The Chief of Police will review the claim, add comments as appropriate, and forward the claim to the Finance Director.
26.1.6.4 The Finance Director will determine whether or not the claim satisfies the criteria specified above. If the criteria are met, the Finance Director will provide reimbursement. If a claim does not appear to meet the eligibility criteria, or if the amount of reimbursement appears to be inappropriate, the Finance Director will notify the Chief of Police of the concern prior to notifying the employee. The employee may be requested to provide additional information to
substantiate a claim. The Finance Director and Chief of Police may, when appropriate, negotiate reimbursement
amounts with the claimant or the claimant’s representative.
26.1.6.5 If a claim is rejected, the employee will be notified of the reason for rejection and the employee may submit additional information and request reconsideration.
26.1.7 Disputes. Disputes regarding either eligibility for reimbursement or the amount of reimbursement may be processed at the Second Step of the Grievance Procedure.
26.2 Travel
26.2.1 The City Manager may authorize attendance, travel and reimbursement of all normal and necessary expenses incurred by employees representing the City on official business or at an approved function.
The following guidelines shall govern the approval of the City Manager.
In areas not specifically covered, the City Manager’s decision shall prevail.
26.2.2 The governing factor in authorizing attendance at these functions is the benefit to accrue to the City as a result of such attendance in relation to the overall expense to the City. All employees will obtain approval of the Chief of Police and the City Manager prior to incurring City reimbursable expenses when business or function will require them to be away from work for a full day or more, or require overnight absences.
Travel shall be by means most economical to the City of Concord. If travel by air is indicated, coach or economy air travel will be used whenever possible. Travel by private automobile will be authorized in
52 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.
26.2.3 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.
26.2.4 When vehicles, either private or City-owned, are provided for authorized travel, employees shall pool rides whenever possible.
26.2.5 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.
26.2.6 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.
26.2.7 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 or registered domestic partners to functions where they are registered to attend, and then only when alternative arrangements are impracticable.
26.2.8 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.
27. Policies and Procedures
Prior to consideration by the City Council, 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.
53 28. Outside Employment
28.1 City employees shall not engage in any employment activity or enterprise for compensation which is inconsistent, incompatible, or in conflict with, or inimical to their duties as employees or with the duties, functions, or responsibilities of the employee’s appointing authority or the department in which employed. An employee shall not perform any work, service, or counsel for compensation outside of such employment where any part of 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 28.2 and 28.3 below.
28.2 Prohibited Activities
The Chief of Police may determine, subject to the concurrence of the City Manager, those outside activities which, for employees under his or her jurisdiction, are inconsistent with, incompatible to, or in conflict with their duties as employees. An employee’s outside employment, activity, or enterprise may be prohibited if it:
28.2.1 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
28.2.2 Involves receipt or acceptance by the employee of any money or other consideration from anyone other than the City for the performance of an act which the employee, if not performing such act, would be required or expected to render in the regular course or hours of his or her City employment or as a part of the duties of such an employee; or
28.2.3 Involves the performance of an act in other than the capacity of the employee, which act may later be subject directly or indirectly to the control, inspection, review, audit, or enforcement of any other officer or employee of the City to whom the employee reports; or
28.2.4 Involves such time demands as would render performance of his or her duties as an employee less efficient.
28.3 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 28.1 and 28.2 shall inform the Chief of Police of such desire, providing information as to the time required and the nature of such activity and such other information as may be required.
28.4 The Chief of Police at his or her own initiative, or at the request of the employee, shall make such determination as specified in Section 28.2 and either authorize or prohibit the employee’s outside employment, activity, or enterprise for
54 compensation. Notice of such determination shall be in writing to the employee involved, with a copy forwarded to the Human Resources Director. If authorization is granted, it shall be valid only for the work and period prescribed therein. Such determination of the Chief of Police may be subject to the Grievance Procedure as set forth in Section 21.
29. Residual Rights
Except as otherwise noted in this agreement, the City retains all rights of management.
30. 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.
31. Revisions, Amendments, Extensions
Neither party shall be required to negotiate any changes to the terms of this MOU except by mutual agreement.
32. Waiver
Upon the adoption of the MOU, the Association and Unit employees individually and collectively waive any rights and benefits that may in the future be determined under City of Concord Policy No. 37.9, titled COMPENSATION FOR MANAGERIAL CLASSES AND EMPLOYEES, and also any rights and benefits that may have been extended to them under that Policy by order of an arbitrator with the following exceptions:
32.1 Upon retirement from the City service, an incumbent in the Unit shall be paid in cash one-fourth (1/4) of that employees’ unused sick leave up to a maximum of two hundred (200) hours.
32.2 The additional one (1) week of vacation per year allowed managerial employees shall apply and be included in the vacation accrual rates specified in the “Vacation” Section of this Memorandum of Understanding.
33. Severability Clause
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, Federal tax requirements, or by any decree of any court of competent jurisdiction, such invalidation of such part or portions of this MOU shall not invalidate the remaining portions thereof. The remaining portions or parts shall remain in full force and effect. It is mutually agreed that upon such invalidation the City of Concord and the Concord Police Managers’ Association will meet and confer in good faith with reference to the parts or provisions thus invalidated.
This MOU is subject to all laws and ordinances. This MOU shall be further subject to all resolutions and administrative rules of the City except as expressly provided to the contrary
55 by this MOU.
34. Term
This MOU shall be effective upon ratification and approval by the members of the Concord Police Managers’ Association and upon approval by the Concord City Council. The Terms of this MOU shall be from the effective date through June 30, 2029. The parties shall reopen negotiations by March 15, 2029.
If negotiations are not completed by the end of the term, this MOU shall continue in full force and effect until an understanding is reached, or, failing agreement, until any applicable impasse procedure is exhausted.
56 ATTACHMENT A
EXTENDED HEALTH CARE COVERAGE
FOR RETIRED OR DISABLED POLICE OFFICERS
NOTE: AS A RESULT OF CHANGES TO SECTION 23.1.3 (RETIREE MEDICAL INSURANCE) SOME SECTIONS OF ATTACHMENT “A” MAY NO LONGER APPLY; IN THOSE INSTANCES, THE LANGUAGE IN SECTION 23.1.3 WILL PREVAIL Extended health care coverage may be provided to retired/disabled Police Employees subject to the following provisions: Effective July 1, 1998 retirement medical coverage for City of Concord “PERS” Retirement Plan unit members shall be provided under the “PERS Health Benefit Program” in accordance with the Health/Drug Plan section of the “MOU”. Concord “PERS” Retirement Plan membership is limited to unit members who are active unit members and retired unit members receiving a “PERS” retirement benefit allowance from service with the City of Concord who retired within one hundred and eighty (180) days of separation from the City of Concord. All other City of Concord Retirement System retirees who retired prior to June 21, 1993 and Disabled Police Employees will continue to be subject to the following provisions:
A. PROVISIONS
1. Active Police Employee means persons currently employed by the City of Concord as Police Employees, as that term is defined by the City of Concord Retirement Ordinance.
2. Dependent means the Police Employee’s legal spouse or registered domestic partner and/or children eligible for coverage by one of the City’s health care programs.
3. Extended Health Care Coverage means continued eligibility to participate in and be covered by one of the City’s health care programs after such date as the Police Employee no longer meets the definition of Active Police Employee due to Retirement or receipt of benefits from the City’s Long-Term Disability Program.
4. Individual Coverage means coverage under one of the City’s health care plans for the retired or disabled Police Employee or the widow/widower of a retired or disabled Police Employee.
5. Residual Balance of Unused Sick Leave means all hours of unused sick leave in excess of eight hundred (800) hours.
B. ELIGIBILITY
1. An employee is only eligible to use sick leave conversion at retirement or when on Long Term Disability (LTD).
2. Extended health care coverage shall be limited to those who are defined as Police
57 Employees by the City of Concord Retirement System and who shall either have severed his/her employment with the City of Concord by retiring under service or disability provisions of the City of Concord Retirement System, or have become eligible and continue to be eligible to receive benefits under the City of Concord’s Long-Term Disability Program. Police Employees who resign from City employment but remain a Member of the City of Concord Retirement System shall not be eligible to receive extended health care coverage upon their retirement.
3. Participation in extended health care coverage program by a retired or disabled Police Employee and his/her dependent(s) shall be voluntary.
C. SCOPE OF EXTENDED HEALTH CARE COVERAGE
1. Extended health care coverage is limited to benefits provided under the health care programs being offered to Active Police Employees. Extended health care coverage shall not include dental or drug programs offered to Active Police Employees.
2. Retired employee and spouse or registered domestic partner on City health plans shall enroll in Medicare as soon as eligible.
D. PARTICIPATION/ELECTION OPTIONS
1. At the time of retirement, the Police Employee who elects to participate in the extended health care coverage program may choose one of the following options:
a. Option 1. Conversion of Entire Sick Leave Balance
The entire unused sick leave balance at the date of retirement may be converted to fully-paid individual health care coverage on the basis of one month of prepaid health care coverage for each eight (8) hours of unused sick leave. 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 health care for Individual Coverage. If the Police Employee chooses to have a spouse or registered domestic partner covered, the number of months of health care coverage shall be reduced by one-half. Health care coverage for dependents other than a spouse or registered domestic partner shall be at the sole expense of the Police Employee. Upon exhaustion of the number of months of health care coverage, the Police Employee may elect to continue participation in extended health care coverage by commencing payment as described in Section D. I.c. below.
(I) City will pay Kaiser monthly rates for current plan benefits for 1995/96.
Employee $142.11
Employee + 1 $284.22
Employee + 2 $378.02
58 Kaiser rates will be the maximum for City payment to other health plans, and for sick leave conversion for those retiring or beginning Long Term Disability (LTD) after July 5, 1993.
b. Option 2. Conversion of Residual Balance of Sick Leave The Police Employee may elect to receive as a cash payment the dollar value of eight hundred (800) hours of the unused sick leave computed in accordance with Section 4.52 of Policy & Procedure No. 41, SICK LEAVE.
The Residual Balance of Unused Sick Leave (excess over 800 hours) may be converted to fully-paid extended health care coverage as described in Section D.1.a. above.
c. Option 3. Payment for Participation
In lieu of converting any unused sick leave as described in Sections D.1.a. and b. above, the Police Employee may choose to participate in the extended health care coverage by paying a monthly charge. For Individual Coverage, the amount of the monthly charge shall be an amount equal to the mandatory contribution rate made by Active Police Employees. Health care coverage for dependents, including spouse or registered domestic partner, shall be at the sole expense of the Police Employee.
2. At the time a Police Employee commences receipt of benefits from the City’s Long- Term Disability Program. The Police Employee who elects to participate in the extended health care coverage program may choose one of the following options. a. Option 1. Conversion of Entire Sick Leave Balance
Convert the entire unused sick leave balance available at the date s/he commences receipt of benefits in the manner described in Section D.1.a. above.
b. Option 2. Conversion of Residual Balance of Sick Leave Freeze eight hundred (800) hours of the unused sick leave balance available at the date s/he commences receipt of benefits from the City’s Long-Term Disability Program. The Residual Balance of Unused Sick Leave (excess over 800 hours) may be converted to fully-paid extended health care coverage as described in Section D.1.a. above.
At the time of Disability Retirement or a Service Retirement occurring while the Police Employee is eligible to receive benefits from the City’s Long-Term Disability Program, Police Employee may receive the dollar value of the frozen eight hundred (800) hours of unused sick leave computed at the rate set forth in Section 4.52 of Policy & Procedure No. 41, SICK LEAVE, or convert the entire eight
59 hundred (800) hours of unused sick leave to additional months of fully-paid health care coverage in the manner described in Section D.1.a. above.
c. Option 3. Payment for Participation
In lieu of converting any unused sick leave as described in D.2.a. and b., the Police Employee may choose to participate in the extended health care coverage by paying a monthly charge. For Individual Coverage, the amount of the monthly charge shall be an amount equal to the mandatory contribution rate made by Active Police Employees. Health care coverage for dependents, including spouse or registered domestic partner, shall be at the sole expense of the Police Employee.
3. Except as provided in Section D.2.b. above, if the Police Employee elects to use any or all of the unused sick leave balance as an option for extended health care coverage, s/he may not at a later date receive any portion of the unused sick leave in cash, even if s/he elects to no longer participate in the extended health care coverage program.
4. A Police Employee who elects not to participate in the extended health care program when first eligible may apply for coverage at a future date during the annual opening period for health plan changes for Active Employees.
E. DEATH OF RETIRED OR DISABLED POLICE OFFICER
1. If an employee who elected to convert sick leave at retirement for self and spouse or registered domestic partner continued the health coverage for self and spouse or registered domestic partner, the survivor (whether employee or spouse or registered domestic partner) may convert the deceased spouse’s remaining months to extended coverage.
2. Upon conclusion of fully-paid coverage, the surviving spouse or registered domestic partner until remarriage may elect to continue to participate in the extended health care program by commencing payment as described in D.1. above.
Dependent coverage would be at the sole expense of the surviving spouse or registered domestic partner.
3. Upon remarriage, the surviving spouse or registered domestic partner 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 Police Employee would be at the sole expense of the surviving spouse or registered domestic partner.
F. CONVERSION OF SICK LEAVE TO RETIREMENT SERVICE CREDIT Nothing contained in this document affects a Police Employee’s rights under Section 2809.B.6. of the Retirement Ordinance to convert all unused sick leave to retirement service credit.
60 ATTACHMENT B
RETIREMENT ALLOWANCE FACTORS - POLICE EMPLOYEES
Age at
Retirement Factors
50 1.0000
50-1/4 1.0175
50-1/2 1.0350
50-3/4 1.0525
51 1.0700
51-1/4 1.0875
51-1/2 1.1050
51-3/4 1.1225
52 1.1400
52-1/4 1.1575
52-1/2 1.1750
52-3/4 1.1925
53 1.2100
53-1/4 1.2275
53-1/2 1.2450
53-3/4 1.2625
54 1.2800
54-1/4 1.2975
54-1/2 1.3150
54-3/4 1.3325
55 and over 1.3500
Effective June 21, 1993, the Retirement
Allowance Factors covered by the City
contracted PERS Plan shall be applicable.
61 ATTACHMENT C
VACATION CASH OUT ELECTION FORM
(NON-REVOCABLE)
Pursuant to Personnel Policy & Procedure 37.17 Vacation, paragraph 4.3, I, hereby request to cash out hours of vacation leave (must not exceed 40 hours). I am aware and agree that the IRS requires that this election be non-revocable and that I will receive this payment during the first full pay period of August, or as otherwise specified in my applicable MOU, of the calendar year following this election. I further acknowledge that the hours I am seeking to cash out are not currently accrued vacation balance hours, but rather, in compliance with IRS regulations, are for hours that will be accrued in the calendar year in which the cash-out occurs.
PROCEDURE:
(1) Employee must complete and sign the form.
(2) The original, signed form must be received in Payroll no later than close of business the last regular work day of the calendar year prior to the year in which the cash out will be made. Forms received after the final regular work day of the calendar year cannot be accepted.
I understand the following provisions apply:
• I must have at least eighty (80) hours of accrued vacation leave when submitting the non-revocable Vacation Cash Out Election Form.
• This request can only be made once in each twelve month period. • Payment is subject to ordinary deductions and withholdings. • This request is irrevocable. Once elected, the number of hours listed for cash-out will no longer be available for me to use as vacation time. Once cashed out, I will not be able to buy back hours at a later time.
• Adjustment of hours will begin to be reflected in a “Reserve” bank visible through Lawson Employee Self Service no later than the 2nd pay period in January.
Employee Name (please print) Employee #
Employee’s Signature
=====================================================================================
FOR PAYROLL USE ONLY
Date form was received in Payroll:
Vacation balance at time of request:
Hours requested to be cashed out:
Reserved hours available at time of cash-out:
Eligibility verified on by
Hours to be cashed out: x hourly pay rate of $ Total Gross: $ _________Pay Code G16 Note: This will be charged to the same expense account from which the employee is presently paid.
Cash out processed PPE Hours deducted from employee’s vacation balance Verification of completed process Date
62 ATTACHMENT D
CITY OF CONCORD
SALARY SCHEDULE FOR PMA UNIT CLASSIFICATIONS
Job
Code Classification Step Base Hourly Rate
Effective 7/6/26
Base Hourly Rate
Effective 7/5/27
Base Hourly Rate
Effective 7/3/28
1 $ 109.4587 $ 112.1952 $ 114.4391
2 $ 114.9316 $ 117.8050 $ 120.1611
2923 Police Lieutenant
3 $ 120.6782 $ 123.6953 $ 126.1692
1 $ 132.7460 $ 136.0647 $ 136.06472921 Police Captain
2 $ 139.3833 $ 142.8679 $ 142.8679
Memorandum of Understanding between the
City of Concord and Concord Police Managers
Association
July 1, 2026 – June 30, 2029
65 Signatures
For the PMA For the City
James Nakayama Valerie Barone
Negotiating Team Member City Manager
Joshua Gilfry Jasmin Loi
Negotiating Team Member Director of Human Resources
Joseph R. Lucia, Lisa S. Charbonneau
Chief Negotiator Team Member Chief Negotiator
____________________________________
Kevin Halm
Negotiating Team Member
Staff Report
Date: June 9, 2026
To: City Council
From: Valerie J. Barone, City Manager
Reviewed by: Jasmin Loi, Director of Human Resources
Prepared by: Mark Love, Human Resources Manager
[email protected]
(925) 671-3397
Subject: Considering, in order to recruit and retain experienced and qualified police officers, adoption of:
(1) A Resolution approving the negotiated terms and
authorizing the City Manager to execute a three-year
memorandum of understanding between the City of Concord and the Concord Police Association for the period of July 1, 2026, through June 30, 2029; and
(2) A Resolution approving the negotiated terms and
authorizing the City Manager to execute a three-year
memorandum of understanding between the City of Concord and the Concord Police Managers’ Representation Unit for the period of July 1, 2026, through June 30, 2029.
CEQA: Not a project/exempt pursuant to Public Resources Code Section 21065, California Code of Regulations Title 14 Sections 15061(b)(2), 15061(b)(3), and/or 15378(b)(4).
Report in Brief
Concord residents continue to prioritize public safety in all community surveys. In order to recruit and retain qualified police officers, the City reached tentative agreements in May 2026 with both the Concord Police Association (POA) and the Concord Police Managers’ Representation Unit (PMA) for three-year successor memoranda of understanding. The Concord Police Association represents the Police Officer and Police Benched Staff Report
Agenda Item No. 5.a
June 9, 2026
Changes in redline/strikeout font
City Council Agenda Report
Agenda Item No. 5.a
June 9, 2026
Sergeant classifications, and the Concord Police Managers’ Representation Unit represents the Police Lieutenant and Police Captain classifications.
The terms of the respective tentative agreements are described below in the analysis section.
Recommended Action
(1) Adopt a Resolution approving the negotiated terms and authorizing the City Manager to execute a three-year memorandum of understanding between the City of Concord and the Concord Police Association for the period of July 1, 2026, through June 30, 2029; and
(2) Adopt a Resolution approving the negotiated terms and authorizing the City Manager to execute a three-year memorandum of understanding between the City of Concord and the Concord Police Managers’ Representation Unit for the period of July 1, 2026, through June 30, 2029.
Background
The terms of the current memoranda of understanding between the City of Concord and the Concord Police Association and the Concord Police Managers’ Representative Unit are set to expire June 30, 2026. Over the past several months, City of Concord negotiators and union representatives bargained in good faith regarding successor memoranda of understanding and reached tentative agreements in May 2026. On May 29, 2026, the City of Concord received notice that the Union’s members ratified their respective tentative agreements.
Notably, the POA agreement represents a multi-year effort to recruit and retain qualified officers, maintain CalPERS compliance and transition out of the Police Professionalization Program. Likewise, the PMA agreement represents a multi-year effort to recruit and retain qualified officers and maintain CalPERS compliance.
Analysis
Concord Police Association – Noteworthy changes:
1. Wage Increases
a. Effective the first full pay period of July 2026, the base salary for all bargaining unit classifications will be increased by one percent (1%). b. Effective the first full pay period of July 2027, the base salary for all bargaining unit classifications will be increased by one-and-a-half percent (1.5%).
c. Effective the first full pay period of July 2028, the base salary for all bargaining unit classifications will be increased by one-and-a-half percent (1.5%).
City Council Agenda Report
Agenda Item No. 5.a
June 9, 2026
2. Elimination of the Master Officer Program on December 3 July 1, 2026.
3. Longevity/Retention Program
a. Effective January 1, 2027 July 1, 2026, as part of the City’s transition out of the Master Officer/Sergeant Program, the City shall no longer pay pursuant to 10.4.1.
b. Effective January 1, 2027 the first full pay period after July 1, 2026 , bargaining unit members with at least six (6) years as a sworn member of the Concord Police Department shall be entitled to longevity/retention pay equal to two-and-one-half percent (2.5%) of base pay.
c. Effective January 1, 2027 the first full pay period after July 1, 2026 , as part of the City’s transition out of the Master Officer/Sergeant Program, bargaining unit members with at least ten (10) years of sworn service, of which a minimum of six (6) years must be as a sworn member of the Concord Police Department, shall be entitled to an additional two and one half percent (2.5%) longevity/retention pay, for a total longevity/retention pay of five percent (5%) of base pay.
d. Effective January 1, 2027 the first full pay period after July 1, 2026 , as part of the City’s transition out of the Master Officer/Sergeant Program, bargaining unit members with at least fourteen (14) years of sworn service, of which a minimum of six (6) years must be as a sworn member of the Concord Police Department, shall be entitled to an additional five percent (5%) longevity/retention pay, for a total longevity/retention pay of ten (10%) of base pay.
e. Effective January 1, 2027 the first full pay period after July 1, 2026 , as part of the City’s transition out of the Master Officer/Sergeant Program, bargaining members with at least eighteen (18) years of sworn service, of which a minimum of six (6) years must be as a sworn member of the Concord Police Department, shall be entitled to an additional five percent longevity/retention pay, for a total longevity/retention pay of fifteen percent (15%) of base pay.
4. Changes to Holidays
a. Effective July 1, 2026, or the first full pay period after council approves the MOU, whichever is later, all members of the POA bargaining unit shall be scheduled to work without regard for holidays and must work all holidays that fall on their scheduled workday.
b. In lieu of paid holidays off, all members of this bargaining unit receive six- and one-half percent (6.5%) calculated on base wage. The parties agree this holiday-in-lieu pay shall be reported to CalPERS as special compensation, unless directed otherwise by CalPERS.
City Council Agenda Report
Agenda Item No. 5.a
June 9, 2026
Concord Police Managers’ Representation Unit – Noteworthy changes:
1. Wage Increases
a. Effective the first full pay period of July 2027, the base salary for all bargaining unit classifications will be increased by two- and one-half percent (2.5%).
b. Effective the first full pay period of July 2028, the base salary for the Lieutenant classification will be increased by two percent (2%).
2. Master’s Degree
a. Effective July 1, 2026, the amount paid to Lieutenants for eligible Master’s Degrees shall be five percent (5%) of base salary.
3. POST Management Certificate
a. Effective July 1, 2028, the City shall compensate members who have obtained a POST Management Certificate with an additional two- and one- half percent (2.5%) of base pay.
4. Changes to Holidays
a. Effective July 1, 2026, or the first full pay period after council approves the MOU, whichever is later, all members of the PMA bargaining unit shall be scheduled to work without regard for holidays and must work all holidays that fall on their scheduled workday.
b. In lieu of paid holidays off, all members of this bargaining unit receive six- and one-half percent (6.5%) calculated on base wage. The parties agree this holiday-in-lieu pay shall be reported to CalPERS as special compensation, unless directed otherwise by CalPERS.
5. Dental Plan
a. Orthodontic lifetime limit is increased from $4,000 to $5,000.
6. Step System Changes (see salary schedule in MOU)
a. Lieutenant 5-step wage system is converted to a 3-step wage system, and all current Lieutenants are placed at Step 3 in the new step system. b. The current Captain 3 step schedule is converted to a 2-step schedule, and current Captains are placed at Step 2 of the new step schedule. c. In July 2026 a differential of 10% will be in place between the new Step 3 of the Lieutenant step schedule and the new Step 1 of the Captain Step 1.
City Council Agenda Report
Agenda Item No. 5.a
June 9, 2026
Financial Impact
The total cost of the compensation adjustments is $5,357,700 for the Concord Police Association memorandum of understanding and $560,100 for the Concord Police Managers’ Representation Unit over all three MOU years, Fiscal Years 2026-27, 2027- 2028, and 2028-29.
Environmental Determination
None of the activities addressed herein constitute a “project” within the meaning of Public Resources Code Section 21065, 14 Cal Code Regs. Section 15060(c)(2), 15060(c)(3), or 15378 because none of the activities has the potential for resulting in either a direct physical change in the environment, or a reasonably foreseeable indirect physical change in the environment, even if any activity was a project under California Environmental Quality Act (CEQA), each is exempt under 14 Cal. Code Regs. Sections 15061(b)(2), 15061(b)(3), and 15378(b)(4).
Public Contact
The City Council Agenda was posted.
Attachments
1. Resolution approving the proposed Concord Police Association memorandum of understanding with Exhibit A: Successor memorandum of understanding (July 1, 2026, to June 30, 2029)
2. Resolution approving the proposed Concord Police Managers’ Representation Unit memorandum of understanding, with Exhibit A: Successor memorandum of understanding (July 1, 2026 ,to June 30, 2029).
Staff Report
Date: June 9, 2026
To: City Council
From: Valerie J. Barone, City Manager
Prepared by: Joelle Fockler, MMC, City Clerk
[email protected]
(925) 671-3390
Subject: Considering adopting a Resolution amending Policy and Procedure No. 2, City Council Meeting Procedures, and
establishing the procedures for responding to disruption of telephonic or internet services during City Council meetings in accordance with Senate Bill 707, and other non-substantive changes to reflect current practice and procedure.
Report in Brief
The City Council is requested to adopt a Resolution amending Policy and Procedure No. 2, City Council Meeting Procedures, and establishing the procedures for responding to disruption of telephonic or internet services during City Council meetings in accordance with Senate Bill 707.
Recommended Action
Adopt a Resolution amending Policy and Procedure No. 2, City Council Meeting Procedures, and establishing the procedures for responding to disruption of telephonic or internet services during City Council meetings in accordance with Senate Bill 707 and other non-substantive changes to reflect current practice and procedure.
Background
Senate Bill 707 (SB 707), signed into law on October 3, 2025, modernizes and expands the Ralph M. Brown Act to improve public access, participation, and accessibility in local government meetings.
SB 707 calls for cities such as Concord to accommodate remote public comment as of July 1, 2026. In association with that change, SB 707 at Government Code Section 54953.4(b)(1)(A)(i)(I)(ib) also requires that the City Council approve a policy regarding
5.b5.b5.b5.b
City Council Agenda Report
Agenda Item No. 5.b
June 9, 2026
disruption of telephonic or internet services occurring during meetings, which policy must include recessing the open session for at least one hour after the disruption and making a good faith attempt to restore the service. The meeting may restart when the remote access has been re-established or after one hour, with certain findings, whichever is first. The Council may meet in closed session during the recess. If service cannot be restored after at least an hour, the Council must adopt a finding by roll call vote that it has made good faith efforts to restore service in accordance with its policy and that public interest in continuing the meeting outweighs the public interest in remote public access.
Analysis
Policy and Procedure No. 2, City Council Meeting Procedures has been edited essentially mirroring the statutory language required by SB 707. The text taken and adapted from the Government Code and incorporated into Policy and Procedure No. 2 is shown in the redline at Exhibit A to Attachment 1 to this staff report.
In addition to the mandatory changes required by SB 707, minor revisions to Policy and Procedure No. 2 are included to address the remote participation process and disruption to the orderly conduct of the meeting.
Financial Impact
There is no immediate impact on the General Fund budget. If the City determines the remote participation requirements cannot be met at meeting locations outside of the Council Chamber, the purchase of additional equipment is necessary.
Public Contact
The City Council Agenda was posted.
Attachment
1. Resolution
Exhibit A: Policy and Procedure No. 2, City Council Meeting Procedures Redline
Res. No. 26-XX
BEFORE THE CITY COUNCIL OF THE CITY OF CONCORD
COUNTY OF CONTRA COSTA, STATE OF CALIFORNIA
A Resolution Amending Policy and Procedure No. 2
and Establishing Procedures for Responding to
Disruptions during City Council Meetings in
Accordance with Senate Bill 707 and Other Non-
Substantive Changes to Reflect Current Practice and
Procedure
Resolution No. 26-XX
/
WHEREAS, Senate Bill 707 (SB 707), signed into law on October 3 2025, modernizes and expands the Ralph M. Brown Act to improve public access, participation, and accessibility in local government meetings; and
WHEREAS, SB 707 (Government Code Section 54953.4(b)(1)(A)(i)(l)(ib) requires that the City Council approve a policy regarding disruption of telephonic or internet services occurring during meetings; and
WHEREAS, the City Council wishes to establish procedures for responding to such disruptions during City Council meetings in accordance with SB 707; and WHEREAS, the City Council further wishes to make other non-substantive changes to reflect current practice and procedure.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF CONCORD DOES RESOLVE AS FOLLOWS:
Section 1. Policy and Procedure No. 2, City Council Meeting Procedures, is hereby amended as shown in the redline attached hereto as Exhibit A and incorporated by reference.
Section 2. This resolution shall become effective immediately upon its passage and adoption. //
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Attachment 1
Res. No. 26-XX
PASSED AND ADOPTED by the City Council of the City of Concord on June 9, 2026, by the following vote:
AYES: Councilmembers -
NOES: Councilmembers -
ABSTAIN: Councilmembers -
ABSENT: Councilmembers -
I HEREBY CERTIFY that the foregoing Resolution No. 26-XX was duly and regularly adopted at a regular meeting of the City Council of the City of Concord on June 9, 2026.
Joelle Fockler, MMC
City Clerk
APPROVED AS TO FORM:
Susanne Meyer Brown
City Attorney
Attachment: Exhibit A, Redline Policy and Procedure No. 2
CITY COUNCIL MEETING PROCEDURES
1. PURPOSE
To provide a procedural guide for the conduct of City Council meetings, including the preparation of agendas and minutes.
2. BACKGROUND
The City Council convenes regular and special meetings to conduct its business in accordance with California's open meeting law (the Brown Act, Government Code Section 54950 et seq.). A range of business matters come regularly before the City Council, including items requiring public discussion or a public hearing, routine items requiring formal action, and information items. To further the public interest, the City Council determines that it must focus its time and attention on the consideration of policy items, delegating to City staff those matters of an administrative nature. The City Council therefore sets forth herein a methodology for the expeditious and proper handling of City Council meetings, and for preparation of agendas and minutes. In the event of any conflict between these local procedures and State law, the provisions of State law shall govern. Except when prohibited by law or by a specific provision of this policy requiring a supermajority vote, the City Council by majority vote may waive or modify any of the procedural rules contained herein.
3. CITY COUNCIL MEETINGS
All meetings of the City Council shall be open to the public, except as provided by law.
3.1 Regular Meetings. Pursuant to Concord Municipal Code Section 2.05.010, regular meetings of the City Council shall be held in the Farrel A. Stewart Civic Center, 1950 Parkside Drive, Concord, California unless the meeting agenda identifies another location. Regular meetings shall be held as set by Resolution annually. The Council agenda may reserve around 5:00 p.m. to 6:00 p.m. for non-hearing items, including closed sessions and study sessions. No public hearing shall commence before 6:00 p.m. No public hearing shall commence after 10:00 p.m. without a majority vote of the City Council. No new items may be heard after 11:00 p.m. without a majority vote of the City Council. The City Clerk shall post an agenda, as required by Government Code Section 54954.2, specifying the time and the location of the meeting.
3.11 Remote Public Access. Pursuant to Government Code Section 54953.4, and subject to the exceptions therein, open and public City Council meetings shall include an opportunity for members of the public to attend via a two-way telephonic service or a two-way audiovisual platform, except if adequate telephonic or internet service is not operational at the meeting location. If adequate telephonic or internet service is operational at the meeting location during only a portion of the meeting, the City Council shall include an opportunity for members of the public to attend via a two-way telephonic service or a two-way audiovisual platform during that portion of the meeting.
3.12 Service Disruption. For meetings at which remote participation is required pursuant to Government Code Section 54953.4, if a disruption of telephonic or internet service that prevents all members of the public from attending or observing the meeting via the two-way telephonic service or two-way audiovisual platform occurs during the meeting, the City Council shall take the following actions:
3.121 Recess the open session of the meeting for at least one hour and make a good faith attempt
CITY OF CONCORD
Number:
Authority:
Effective:
Revised:
Reviewed:
Initiating Dept.:
2 Council Motion
12-07-70
6-9-2026
CM
POLICY & PROCEDURE
Exhibit A to Attachment 1
Changes in Redline/strikeout font