▪ Provides a non-pensionable lump sum payment of one thousand dollars ($1,000.00) effective the first full pay period following City Council approval. ▪ Provides a three percent (3%) increase the first full pay period in July 2027.
Family Sick Leave
▪ Updates the definition of immediate family to align with the California Family Rights Act (CFRA) and applicable bereavement leave laws. ▪ Establishes a limit of six (6) designated (chosen) people.
Probationary Period
▪ Extends the maximum extension of the probationary period of an employee filling a new position in the Police Department from three (3) months to six (6) months.
Training Differential
▪ Expands eligibility for differential pay from a single classification in the Police Department to all classifications within the department that meet the established training requirements.
Union Leave
▪ Increases the union release time increased from sixteen (16) hours to twenty-four (24) hours per fiscal year for labor relations matters
Uniform Allowance
▪ Increases the uniform allowance for Public Works Maintenance staff by two hundred dollars ($200.00) for the purchase of uniform items and by two hundred dollars ($200.00) for the purchase of safety shoes, for a combined increase of four hundred dollars ($400.00).
Additionally, agreements were made to revise language for clarification and/or improvements to the operational procedures for the following:
▪ Section 3.6 Acting Pay
▪ Section 4.5 Payment for Unused Sick Leave
▪ Section 4.8 Bereavement Leave
▪ Section 7.3 Performance Evaluation
▪ Section 14.11 Retired Employees - Health Benefits
▪ Section 14.3 Medical In-Lieu Language
▪ Section 16.1 Uniform Allowance
Side Letter
▪ To establish Joint Team Committees within 180 days of the adoption of the Successor MOU to discuss and explore topics of bilingual pay, commuter benefit, vacation sellback, and tuition reimbursement.
SEIU MOU
City Council Meeting | September 1, 2026
FISCAL IMPACT
The estimated cost of this Successor MOU is projected to cost up to $480,000 over the life of the 2-year contract. The estimated cost for year one reflects an increase of up to $70,000 over the approved Fiscal Year 2026 budget. The increased cost will be included within the FY2026 mid-year budget process, at which time Council will approve the increased appropriation associated with the MOU. The cost associated with the second year of the contract will be included within the Fiscal Year 2027 budget, which Council will adopt as part of the next biennial budget in June 2027.
STAFF COMMUNICATION WITH THE PUBLIC
There has been no communication with the public.
CONFLICT OF INTEREST
There is no conflict of interest.
CONCLUSION
Staff recommends that the City Council adopt the resolution approving the Successor MOU with SEIU for the period of July 1, 2026 through June 30, 2028, authorize the City Manager to execute the Successor MOU on behalf of the City, and approve an amendment to the City’s Classification and Compensation Plan.
PREPARED BY: Lilybell Nakamura, Human Resources Director
ATTACHMENTS
▪ Draft Resolution
➢ Exhibit A – SEIU Memorandum of Understanding (tracked changes) ➢ Exhibit B – SEIU Memorandum of Understanding (Clean copy) RESOLUTION NO.
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EMERYVILLE APPROVING
AND ADOPTING A MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF
EMERYVILLE AND THE SERVICE EMPLOYEES INTERNATIONAL UNION LOCAL (SEIU) 1021, AUTHORIZING THE CITY MANAGER TO EXECUTE THE
MEMORANDUM OF UNDERSTANDING, AND APPROVING THE AMENDMENT TO THE CITY’S COMPENSATION PLAN IN CONFORMANCE WITH CALIFORNIA CODE OF REGULATIONS, TITLE 2, SECTION 570.5
WHEREAS, the current Memorandum of Understanding (MOU) between the City of Emeryville and SEIU expired on June 30, 2026; and
WHEREAS, the City and SEIU entered negotiations in good faith for a successor MOU; and
WHEREAS, pursuant to the provisions of the Meyers-Milias-Brown Act (Government Code Section 3500, et seq.) the City Manager or designee, as authorized by the City Council, has met and conferred in good faith with the representatives of SEIU on matters related to wages, hours, and other terms and conditions of employment; and WHEREAS, the representatives of the City and SEIU have reached a tentative agreement to a successor Memorandum of Understanding (the “MOU”), attached hereto and incorporated herein by this reference as Exhibit A; and WHEREAS, the SEIU membership ratified the agreement on August 31, 2026; and WHEREAS, the City Council finds that the terms and conditions of the MOU are proper and in the best interests of the City; now, therefore, be it RESOLVED, that the City Council of the City of Emeryville approves and adopts the Successor MOU between the City of Emeryville and SEIU and authorizes the City Manager to execute the MOU, and to take such further actions as may be necessary to implement the MOU including any necessary non-substantive modifications; and, be it, further
RESOLVED, that if any provisions relating to the Memorandum of Understanding (MOU) contained herein are found to be in conflict with provisions of any other previous resolutions related to the MOU, the provisions herein shall prevail; and, be it, further RESOLVED, that the City Council of the City of Emeryville hereby approves an amendment to the City’s Classification and Compensation Plan to reflect the revisions in compensation provided pursuant to the MOU.
Resolution No. _____
SEIU MOU
City Council Meeting | September 1, 2026
ADOPTED, by the City Council of the City of Emeryville at a Regular Meeting held September 1, 2026, by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
MAYOR
ATTEST: APPROVED AS TO FORM:
CITY CLERK SPECIAL COUNSEL
ATTACHMENTS
▪ Exhibit A – SEIU MOU (tracked changes)
▪ Exhibit B – SEIU MOU (clean copy)
MEMORANDUM OF UNDERSTANDING
BETWEEN
THE CITY OF EMERYVILLE/
MANAGEMENT OF EMERYVILLE SERVICES
AUTHORITY (MESA)
AND
SERVICE EMPLOYEES’ INTERNATIONAL UNION
(SEIU) LOCAL 1021
July 1, 20263, through June 30, 20268
Table of Contents
Section 1 - General Provisions........................................................................................................................1 Section 2 - Direct Pay for Services.................................................................................................................4 Section 3 - Hours and Overtime .....................................................................................................................4 Section 4 - Leaves ..........................................................................................................................................8 Section 5 - Contracting Out..........................................................................................................................14 Section 6 - Employee Rights ........................................................................................................................14 Section 7 - Employee Evaluation Procedures...............................................................................................15 Section 8 - Posting and Filling of Temporary Vacancies .............................................................................16 Section 9 - Health and Safety .......................................................................................................................18 Section 10 - Grievance Procedure ................................................................................................................19 Section 11 - Non-Harassment and Retaliation..............................................................................................22 Section 12 - Layoffs & Resignations............................................................................................................22 Section 13 - Miscellaneous...........................................................................................................................26 Section 14 - Health and Welfare...................................................................................................................27 Section 15 - Salary........................................................................................................................................31 Section 16 - Uniform Allowance.................................................................................................................33 Section 17 - Holidays ..................................................................................................................................34 Section 18 - Child Safety and Protection......................................................................................................35 Section 19 - Employee Assistance Program.................................................................................................36 Section 20 - Concerted Activities .................................................................................................................36 Section 21 - Management Rights and Responsibilities.................................................................................36 Section 22 - Direct Deposit...........................................................................................................................37 Section 23 - Severability of Provisions.........................................................................................................37 Section 24 - Duration....................................................................................................................................38 APPENDIX A - Salary Schedule Effective 3/16/2024July 12, 2026............................................................39 APPENDIX B - Salary Schedule Effective 7/1/2024First Full Pay Period in July 2027 ..............................40 APPENDIX C - Salary Schedule Effective July 2025..................................................................................41 SIDE LETTER - Bilingual Pay, Commuter Benefit, Vacation Sellback, Tuition Reim Joint Meeting.......42 SIDE LETTER - Remote Work PolicyPolice Communications Dispatch Trainee......................................43 SIDE LETTER - Police Department Operations ..........................................................................................44
SEIU Local 1021 MOU 20236-20268
1 PREAMBLE - We, the undersigned, duly appointed representatives of the City of Emeryville and the Management of Emeryville Services Authority (Employer) a political subdivision of the State of California, hereinafter referred to as "City", and Service Employees International Union, Local 1021, a recognized employee organization, hereinafter referred to as "Union", having met and negotiated in good faith, under the authority of the Meyers-Milias Brown Act, do hereby jointly prepare the following written Memorandum of Understanding.
It is therefore agreed as follows:
Section 1 - General Provisions
1.1 Recognition
The Union is formally acknowledged as the Recognized Employee Organization representing the employees occupying those positions set forth in Salaries and Classification, Appendix A, attached to and hereby made a part of this Memorandum of Understanding, as well as any new classifications which may be assigned to this representation unit by the City Manager. Changes, modifications, additions and/or deletions to the representation unit shall only be made pursuant to the provisions of the Employer-Employee Organization Relations Resolutions of the City.
Appeals from a determination of the Employee Relations Officer may be processed pursuant to Section 10. Grievance Procedure of this Memorandum of Understanding in lieu of the Appeal Procedure set forth in the Employer-Employee Relations Resolution.
1.2 Discrimination Prohibited
The City and Union agree that they shall not discriminate, as defined by law, in any way on account of race, creed, religion, sex, sexual orientation, national origin, political affiliation, disability, or age. The City agrees that there shall be no discrimination, interference, restraint, or coercion by the City or any of its agents or employees, on behalf of or against any of its employees because of membership in the Union.
1.3 Union Security
Union Access to New Employee Orientation (AB119)
SEIU Local 1021 shall have access to New Employee Orientation (NEO) sessions, consistent with AB 119. The City shall recognize the designated field representatives as the points of contact for NEO related matters. The Union shall be responsible for updating the City of any changes to the points of contact. In accordance with the provision of AB119, City shall do the following:
Provide the Union’s designated representatives with a scheduled NEO date not less than 10 days in advance of an orientation, except that a shorter notice may be provided in a specific instance where there is an urgent need critical to the City’s operations that was not reasonably foreseeable.
A. Provide the Union a list of new employees, who are represented by their SEIU Local 1021 MOU 20236-20268
1 SEIU Local 1021 MOU 20236-20268
2 respective bargaining unit and are scheduled to attend the upcoming NEO session.
The list, which shall include each new employee’s name, classification, location, division, and supervisor, shall be provided no later than the Monday before the scheduled NEO date. A shorter notice may be provided under mitigating circumstances, in which case City will provide the information as soon as possible prior to the NEO date.
B. Within 30 days of the date of hire of each new employee in a classification represented by the Union, the City will provide, via email to a duly authorized Union official, the employee’s name, job title, department, work location, work, home and personal cell phone number, home address, work, and personal email address on file with the City. If the City does not have the home or personal cell phone number or the personal email address on file, this information shall not be provided.
C. The Union shall be permitted to meet separately with newly hired employees represented by their bargaining unit and make a presentation of up to 30 minutes at the conclusion of each NEO. The City will provide a space for the Union representative to meet with the new employees during this timeframe. Under no circumstances shall the Union presentation exceed thirty (30) minutes.
D. If for any reason the Union will not be present for a scheduled NEO presentation, the Union shall notify the City at least 10 working days prior to the session.
E. The City and the Union agree to handle payroll deductions for Union-represented employees in accord with Government Code section 1157.12.
F. The City shall provide, via electronic format, a list of all existing bargaining unit members on record every 120 days. The list shall be provided to the Union membership department by the last Friday of the month in April, August and December of each year, respectively. The list shall include the following information to the extent it is in the City’s possession:
1. Name
2. Classification
3. Department
4. Union Code Description
5. Work Address
6. Work, Home and Personal Cellular Telephone Numbers
7. Work and Personal Email Addresses
8. Home Address
If the City does not have the home and personal cell phone number, or the personal email address on file, this information shall not be provided.
G. Union designee, who is limited to Union Representatives, Union Board Members, Chapter Presidents, and Shop Stewards, shall conduct the presentations covered under this agreement. In the event none of the listed designees are available for a scheduled NEO, a member may be granted release time to be present. Only one SEIU Local 1021 MOU 20236-20268
2 SEIU Local 1021 MOU 20236-20268
3 employee will be granted release time to be present at each NEO. Release time request must be made by the Union no later than 12:00 p.m. three (3) business days before the scheduled NEO.
The parties will agree to allow an employee Union member designee to be granted release time, including reasonable time for travel, to present at the NEO.
1.4 Bulletin Board Space
The City shall provide reasonable space on bulletin boards for official Union notices at each central work area.
1.5 Meeting Space
The City shall reasonably make available conference rooms and other meeting areas for the purpose of holding Union meetings during off-duty time periods subject to space and security considerations. The Union shall provide timely advance notice of such meetings.
1.6 Union Access to Work Locations
Union officers and representatives shall be granted reasonable access to employee work locations to contact members concerning business within the scope of representation. Union representatives shall reasonably notify the employee's department head or supervisor of their presence and exercise care not to interfere with the performance of duties assigned to the employee. Union members may use the City electronic mail system limited to minimal and incidental use related to notification of meetings.
1.7 Distribution of Information
A. Union representatives shall be allowed a reasonable amount of time, not to exceed one (1) hour, to orient the new employee regarding the Union. Release time for such orientation must be approved by an employee’s immediate supervisor.
B. Union representatives shall be notified within thirty (30) days of any hiring date or separating date of an employee subject to this Agreement, their department, classification and, if known at the time to the Human Resources Department, the new employee’s immediate supervisor.
1.8 Add/Delete of Budgeted Positions
The City shall notify the Union of any proposed additions or deletions to all budgeted positions prior to approval by City Council. Such notification is for information purposes only and shall not create an obligation for the City to meet and confer over the notification or the substance of the notification.
1.9 Memorandum Agreement Orientation
The City and the Union shall conduct orientation sessions on the MOU for members and Management within three months of signing the Agreement. Additional sessions for stewards and supervisors may also be provided.
SEIU Local 1021 MOU 20236-20268
3 SEIU Local 1021 MOU 20236-20268
4 Section 2 - Direct Pay for Services
2.1 Initial Salary
The initial salary of an employee of the City shall be the salary attached to the lowest rate of the salary schedule established for the classification to which the employee is appointed; provided, however, that the appointing authority may appoint a new employee at any step in the applicable salary schedule for the classification involved if there has been unusual difficulty in recruiting competent employees at the lowest rate of said salary schedule or the higher rate is commensurate with the education and experience of the appointee.
2.2 Minimum Salary Increase When Promoted
Whenever an employee is promoted to a position in a classification with a higher salary range maximum, the employee shall receive the step in the new range that is higher than the current pay, provided the new step placement represents at least a 5% increase over the employee’s then-current base pay. The appointing authority, with discretion and for good cause, may provide compensation at any step in the applicable salary schedule for the classification involved if the employee has demonstrated outstanding achievement in public service.
2.3 Salary Steps
Advancement within the salary range specified for an employee's classification shall be on the basis of one year's satisfactory service, as evidenced by a performance evaluation, and shall be effective on the first anniversary date of appointment to such classification. An employee who has demonstrated outstanding achievement in the public service may receive a step increase at a shorter interval than set forth above.
Section 3 - Hours and Overtime
3.1 Work Week
The normal schedule of work hours is as follows:
Employee Work Schedule Overtime
1) Eight (8) hours per day Hours in excess of forty (40) hours five (5) days per week per week or eight (8) hours per day. 2) Seven (7) hours per day, Over thirty-five (35) hours per five (5) days per week. week or seven (7) hours per day. 3) Eight (8) hours per day, Over 171 hours in 28-day work five (5) day per week, period.
28 days per work period.
4) A flex time schedule Over the prescribed hours
approved by the week/day.
City Manager in writing.
SEIU Local 1021 MOU 20236-20268
4 SEIU Local 1021 MOU 20236-20268
5 The City may allow interested employees the option of establishing flexible schedules if recommended by the Department Head and approved City Manager. Flexible schedules shall include but not be limited to job sharing, four (4) day workweeks, flexible starting times.
3.2 Overtime Work
All work performed in excess of, an employee's normal workday or in excess of an employee's normal workweek shall be considered overtime work. Overtime work may be required of any employee in order to meet special or unusual needs of service beneficial to the City and community. Time spent in any of the leaves listed in Section 4 – Leave of Absence will not count as time worked toward determining an employee’s entitlement to overtime compensation.
Arrangements of overtime work shall rest solely with the Department Head or the designated representative. The City may require employees to work more than their regularly scheduled workday or workweek.
3.3 Compensation for Overtime Work
Employees performing compensable overtime work shall be paid at the rate of time and one-half (1-1/2) of the employee's straight-time hourly rate of pay. Any overtime work performed in excess of four (4) hours of overtime in a day or on the seventh (7th) consecutive day of work in a seven (7) day period shall be paid at double (2x) the regular rate of pay.
An employee, with their supervisor's approval, may elect to receive compensatory time off in lieu of overtime pay. If an employee elects to receive compensatory time in lieu of overtime pay, such request will not be unreasonably denied; provided, however, no employee shall be permitted to accumulate more than 120 hours of compensatory time at any time.
Accrued compensatory time may be used, with supervisory approval, when requested by the employee provided twenty-four (24) hours advance notice is given by the employee involved.
3.4 Assignment of Overtime
The City will provide at least twelve (12) hours advance notice of available overtime work whenever possible.
Overtime will be assigned on a rotational basis among qualified employees who perform the same type of work during the normal workday.
Each department shall permit inspection of its overtime records by the Union.
3.5 Minimum Overtime Guarantee
An employee eligible to receive payment for overtime who is called back to work on a day off, or who is called back to work after their regular working day has been completed and has left the employment site, shall be paid a minimum of three (3) hours at time and one-half of the employee's regular hourly rate of pay. An employee who is required to make a job-related court appearance on a scheduled day off shall be compensated for a minimum of four (4) hours at the overtime rate.
SEIU Local 1021 MOU 20236-20268
5 SEIU Local 1021 MOU 20236-20268
6 3.6 Acting Pay
Employees may be assigned to perform the duties of a higher classification on an "acting" basis when a vacancy exists in such higher paid classification for a period in excess of one (1) working day.
An "acting" assignment shall only be made by a Department Head and employees shall be provided with a written notice assigning them to the higher classification on an acting basis.
Employees assigned by the Department Head to perform the duties of a higher classification on an "acting" basis, shall receive "acting" pay for each full day of assignment in such higher classification. In the event the employee works more than forty (40) consecutive hours in the higher classification, the employee shall be paid "acting" pay for the entire period worked in the higher classification. Acting pay shall be at theat first step of the classification in which the employee is acting, which shall result in at least a five percent (5%) increase.
In the event an employee works continuously for the applicable hourly equivalent of one (1) year that is either one thousand eight hundred-twenty (1,820) hours for those on a thirty-five (35) hour per week schedule or two thousand eighty (2,080) hours for those on a forty (40) hour per week schedule, in the higher classification, the employee will be promoted to that classification. Such promoted employee shall be subject to the regular promotion probation requirements of the City.
3.7 Meal Periods and Rest Periods
Employees, except dispatchers (see Section 3.8), shall be assigned to a one-half (1/2) hour or a one (1) hour unpaid meal period each day within a two (2) hour period at the midpoint of each shift, and a fifteen (15) minute paid rest period during the first half of the work shift, and another fifteen (15) minute paid rest period during the second half of the work shift. Work break periods may not be used for time off at the beginning or end of an employee’s shift.
3.8 Dispatchers Rest Periods
Dispatchers will be eligible to suspend their duties for a paid lunch period of thirty (30) minutes subject to the direction of the Police Services Manager or the Watch Sergeant (in their absence). In the event of an interrupted lunch break, and if staffing permits, the Dispatcher affected may resume their lunch break.
A. No lunch period will be scheduled at the beginning or end of a tour of duty except in special situations and then only with permission of the Police Services Manager or the Watch Sergeant (in their absence).
B. No lunch period will be granted to Dispatchers working less than five (5) hours.
C. Lunch periods shall be subject to the supervision and direction of the Police Services Manager or the Watch Sergeant (in their absence) and shall be scheduled so as to provide uninterrupted service to the public.
D. Dispatchers shall be assigned a fifteen (15) minute paid rest period during the first half of the work shift, and another fifteen (15) minute paid rest period during the second half of the work shift. Work break periods shall not be taken during priority one calls for service or in instances where another Dispatcher is not SEIU Local 1021 MOU 20236-20268
7 available to cover; in such instances the employee shall have no remediation.
SEIU Local 1021 MOU 20236-20268
7 SEIU Local 1021 MOU 20236-20268
8 Work break periods may not be used for time off at the beginning or end of an employee’s shift.
3.9 Stand-by Pay
A. The City may assign Crew Leaders and Maintenance Workers to mandatory stand-by status in one week increments on a rotating basis in the order of least to most senior. Maintenance Workers are required to have at least one (1) year of experience in the classification and be deemed by management to be qualified for stand-by assignments. If an employee is absent from work during their turn in the rotation for assigned standby status, the Public Works Supervisor may assign any Maintenance Worker or Crew Leader to assume the stand-by responsibility during the absence. In making such assignment to cover absences, the Public Works Supervisor will make reasonable efforts to solicit a volunteer to cover the absence or holiday period rotation. If there is no volunteer, the Public Works Supervisor shall distribute the assignments so as to avoid giving any non-volunteering employee an excessive share of such assignments.
B. The normal standby week rotation will be Monday through Sunday, inclusive.
The Public Works Supervisor may deviate from this rotation pattern and staffing levels or may assign in an emergency (e.g., storm conditions) without notice or with thirty (30) days advance written notice if, in their judgment, such deviation would best serve the City’s operational needs.
C. While on stand-by status, the affected employee will be assigned a City truck for the stand-by week and shall carry a City-provided pager, cell phone or other such communication device at all times.
D. A Maintenance Worker assigned to the rotation who is required to report to work from standby status will be compensated for time worked at the third step of the Crew Leader wage range at the appropriate overtime rate if applicable.
E. Employees shall refrain from using alcohol or non-prescribed controlled substances while on stand-by status and remain able to report to work within one (1) hour, if called to report for duty. If the employee’s residence is more than one (1) hour away from their normal City report location, the City will extend this one (1) hour period by a reasonable period as determined by the City to accommodate the additional necessary travel time. An employee on stand-by status may otherwise freely use such time for their personal activities. When the employee reports to work, stand-by status ends and the City shall thereafter compensate the employee at their base hourly rate or, if applicable, the overtime rate of one and one-half (1½) times their regular rate of pay, for all hours worked after such call until the employee is authorized to terminate the work for which they were called to report, except for the hours between 11 p.m. and 7a.m. when they will be paid double (2 times) their regular rate of pay for the hours worked. For each hour period spent on stand-by status the employee shall receive six dollars ($6.00).
Time in stand-by status is not time worked for pay purposes.
F. In the event there is an unexpected absence on a weekend or holiday, the employee assigned to work standby may be required to report to work, depending on operation and service needs.
G. At any time during the term of this agreement, either party may request to discuss SEIU Local 1021 MOU 20236-20268
8 SEIU Local 1021 MOU 20236-20268
9 possible modifications of the stand-by procedure to mitigate negative effects for employees or operations. The parties may amend the procedure by mutual written agreement of the Union and the City Manager.
3.10 Shift Differential
For represented employees in the Police Department, the City shall pay a shift differential of five percent (5%) of the employee’s base wage for all hours actually worked between the hours of 1800 (6:00 p.m.) and 0600 (6:00 a.m.).
Section 4 – Leaves
4.1 Status Report of Accrued Leaves
The City agrees to regularly provide an official record of the current accrued leave on each employee's paycheck stub. Verification of an employee's official accrued leave record will be provided upon receipt of a reasonable request for such verification by the City.
4.2 Vacation
A. Accrual
An employee shall accrue vacation leave from the date of the employee's regular appointment by the City, each month at the rates enumerated below up to the accumulation maximum. For the purpose of determining the amount of vacation entitlement, an employment year is defined as the period of one year from the anniversary date of such appointment by the City.
Employees hired prior to July 1, 1999:
From date of appointment to regular employment through the completion of ten (10) years of service: Fifteen (15) days of vacation per year, (1-1/4 days/month); beginning with the commencement of the eleventh year of service - twenty (20) days’ vacation per year (1-2/3 days/month); beginning with the commencement of the twenty-first year of service - twenty-five (25) days’ vacation per year (2.08 days/month).
Employees hired beginning July 1, 1999: 0 – 4 years of service, 10 days’ vacation per year (.83 days/month); 5 - 10 years of service, 15 days’ vacation per year (1.25 days/month); 11 - 20 years of service, 20 days’ vacation per year (1.66 days/month); 21 plus years of service, 25 days’ vacation per year (2.08 days/month).
B. Minimum Usage
An employee may take vacation leave in increments of not less than one-half (1/2) day.
C. Interruption of Leave
In the event that a holiday occurs during a period of authorized vacation leave, the workday which is the holiday shall be charged as a holiday and not as a day of vacation. In the event that an employee needs to use sick leave during that employee's scheduled vacation, the full workdays on which such illness occurs shall not be charged to vacation leave, provided that a doctor's certificate or report of treatment is submitted and approved. Vacation leave not used due to the use of SEIU Local 1021 MOU 20236-20268
9 SEIU Local 1021 MOU 20236-20268
10 sick leave in an authorized vacation period shall be rescheduled for use at a later date, in accordance with established procedure.
D. General
1. If it becomes necessary to call an employee back to work from a scheduled vacation, the employee shall be credited with the unused vacation hours and shall have the opportunity to take such remaining vacation leave at a time of the employee's choosing with the Department Head's approval. The employee’s travel costs incurred for changing travel plans and returning to work shall be reimbursed except in instances of a declared City, State or National emergency.
2. If an employee leaves the City's employment and has unused vacation time, compensation shall be given at the hourly rate times the hours of unused vacation.
3. An employee may elect to take all or part of the earned vacation or may carry over to the next service year all or part of earned vacation. No employee will be allowed to maintain a balance of unused vacation leave in excess of twice their yearly allowance for the forthcoming year. It shall be the responsibility of each employee to ensure the full use of vacation leave credits received by scheduling the necessary time off each year. An employee who reaches the accumulation maximum will cease to accrue further vacation until their balance drops below the maximum.
E. Part-Time Employees
All Permanent part-time employees shall receive vacation and sick leave computed at 50% of the accrual provided to full-time employees. Any permanent part-time employee working above the 50% threshold shall accrue prorated vacation and sick leave hours based on the full-time equivalent status of the position held. For example, an employee in a budgeted 75% full-time equivalent position would be eligible to accrue vacation and sick leave at 75% of a full-time employee’s accrual level with the same years of service.
F. Vacation Requests
Requests by a represented employee for vacation leave shall be subject to management approval. The department head or designee shall respond to vacation requests in a timely manner and no later than seven (7) working days from the date the request is submitted. Management will consider the time sensitivity of the request, operational needs and staffing considerations in an effort to provide a timely response. The City shall consider City seniority as a factor in resolving conflicting requests for vacation leave.
4.3 Sick Leave Accrual
Sick leave shall be accrued monthly for all eligible full-time employees at the rate of one and one quarter (1-1/4) days per month.
Employees may be granted sick leave in increments of no less than one-half (1/2) hour.
4.4 Family Sick Leave
A. Definition of Immediate Family. Immediate family is defined as employee's parents (parents-in-law, step-parents, legal guardians), spouse/ domestic partner, children (biological, adopted, foster, step, legal wards, or children of domestic partner) siblings (step, half), grandparents, grandchildren, and SEIU Local 1021 MOU 20236-20268
11 designated (chosen) persons as follows:, step-parents, spouse, domestic partner, children, step-children, brother, sister, step- brother, step-sister, half-brother, halfsister, foster child, ward of the court, grandparents, step-grandparents, legal guardian, grandchildren, parents of
SEIU Local 1021 MOU 20236-20268
11 SEIU Local 1021 MOU 20236-20268
12 A. employee's spouse, a person who is bonded to the employee by blood, marriage, adoption, fostering, partnership or legal guardianship; anyone living in the same household as the employee; and anyone named on a list of chosen relations which identifies the relationship. Employees may submit their list of chosen relations to the City’s Human Resources Department upon employment or for current employees during the medical insurance annual “Open Enrollment” period.
1. One (1) designated (chosen) person per rolling, 12-month period; and
2. Up to five (5) designated (chosen) persons per fiscal year.
Upon request for family sick leave for a designated (chosen) person, employees must specify the person for whom they are using the benefit
A.B. Entitlement. An employee may use accrued sick leave for illness in the immediate family. At the City’s request, the employee will provide satisfactory evidence of the facts justifying such absence.
4.5 Payment for Unused Sick Leave Buy-Back
A. Employees hired before January 1, 2014, who voluntarily resign or retire, for service or disability, from the City and provide at least two (2) weeks' notice of intent (as provided in Section 12.3) shall have the option of having their unused sick leave balance paid out. Payment of unused sick leave is limited to a maximum of nine hundred sixty (960) hours for employees assigned to a 40-hour workweek or eight hundred forty (840) hours for employees assigned to a 35- hour workweek.
A. The payment shall be calculated by multiplying the employee's eligible unused sick leave hours by 60% of the employee's hourly base rate of pay at the time of separation.Upon retirement from the City for service or disability, a full-time employee may convert accrued but unused sick leave to additional service credit as provided in the City's contract with the Public Employees' Retirement System; or B. Employees hired on or after January 1, 2014, who have completed at least ten (10) years of continuous service and voluntarily resign or retire, for service or disability, from the City and provide at least two (2) weeks' notice of intent (as provided in Section 12.3) shall have the option of having their unused sick leave balance paid out. Payment of unused sick leave is limited to a maximum of nine hundred sixty (960) hours for employees assigned to a 40-hour workweek or eight hundred forty (840) hours for employees assigned to a 35-hour workweek.
B. The payment shall be calculated by multiplying the employee's eligible unused sick leave hours by 30% of the employee's hourly base rate of pay at the time of separation.For represented employees hired before January 1, 2014, they shall receive payment for that portion of sick leave earned but unused at the time of separation up to a maximum of one hundred twenty (120) days at the rate of sixty percent (60%) of their then current salary, provided the employee separates from the City in good standing. Good standing is defined as retirement or in the case of resignation, the employee has provided at least two (2) weeks’ notice prior to separation (as provided in Section 12.3).
SEIU Local 1021 MOU 20236-20268
13 C. Any unused sick leave balance above the maximum hours will be reported to SEIU Local 1021 MOU 20236-20268
13 CalPERS for service credit consideration.For represented employees hired on or after January 1, 2014, payment of sick leave will be granted to employees with at least ten (10) years of continuous service and shall receive payment for that portion of sick leave earned but unused at the time of separation up to a maximum of one hundred twenty (120) days at the rate of thirty percent (30%) of their then current salary, provided the employee separates from the City in good standing.
Good standing is defined as retirement or in the case of resignation, the employee has provided at least two (2) weeks’ notice prior to separation (as provided in Section 12.3).
C. Employees who choose to opt out of payment for unused sick leave will have all of their unused sick leave hours reported to CalPERS for service credit consideration.
4.6 Serious Illness/Injury
An employee who suffers a non-job-related illness or injury may be required to undergo a medical examination to determine fitness for employment prior to return to work. The necessity for such medical examinations shall be determined by the Human Resources Director on an individual basis. Such medical examinations shall be conducted by a physician selected by the City. The City shall be responsible for the cost of such examinations.
4.7 Catastrophic Injury/Illness Time Bank
Upon approval of the City Manager or their designated representative, use of Catastrophic Leave from the City’ Catastrophic Leave Bank may be available for the benefit of a non-probationary City employee suffering from a catastrophic illness or injury either to their self, their spouse, domestic partner, parent, or dependent child.
Employees may donate earned vacation, compensatory time and/or sick time on a voluntary basis to another City employee. The donation and the use of Catastrophic Leave shall be subject to the conditions listed below.
SEIU Local 1021 MOU 20236-20268
13 SEIU Local 1021 MOU 20236-20268
14 A. The employee requesting Catastrophic Leave must have exhausted all other leave balances available to the employee including earned vacation, earned sick leave and accrued compensatory time before qualifying for catastrophic leave. The employee shall specify in their application the number of leave hours they are requesting. If those are exhausted, the employee may file a new application for a specified number of additional hours.
B. Catastrophic Leave may only be used for a qualifying “medical emergency” as provided under applicable federal and state law. As described in U.S. I.R.S.
Revenue Ruling 90-29 (1990-1 C.B. 11, 1990 I.R.B. 5) a “medical emergency” is defined as a medical condition of the employee or a family member of the employee that will require the prolonged absence of the employee from duty and will result in a substantial loss of income to the employee because the employee will have exhausted all paid leave. A family member of the employee includes a spouse, domestic partner, parent, or dependent child. State and federal income tax on the value of leave donated shall be deducted from the receiving employee's pay at the time of payment to the employee.
C. The donation of leave hours shall not be reversible. In the event all hours donated are not used for catastrophic illness or injury, the balance will remain in the Catastrophic Leave Bank for subsequent use by eligible City employees with a qualifying catastrophic emergency.
D. All hours donated to a recipient shall be treated as sick leave and subject to the provisions in this Memorandum of Understanding regarding the use and payment of same.
E. Donated leave time shall be changed to its cash value and then credited to the City’s Catastrophic Leave Bank. Funds in the Bank will then be available to an eligible recipient in equivalent hours at the recipient's straight time hourly rate of pay.
F. Donating employees may not reduce their balance of earned vacation below eighty (80) hours by reason of such donations.
G. Donating employees may not reduce their balance of earned sick below one hundred and twenty (120) hours by reason of such donations.
4.8 Bereavement Leave
In the event of a death in the immediate family, of a permanent or probationary employee, they employees shall be granted upon request, paid bereavement leave, not to exceed five (5) regularly scheduled workdays. This provision does not apply if the death occurs while the employee is on unpaid leave of absence or layoff.
For the purposes of this section the immediate family shall include employee's parents (parents-in-law, step-parents, legal guardians), spouse/ domestic partner, children (biological, adopted, foster, step, legal wards, or children of domestic partner) siblings (step, half), grandparents, grandchildren, and designated (chosen) persons as follows:be restricted to father, mother, brother, sister, spouse, child, stepchild, foster child, ward of the court, legal guardian, grandparents, grandchildren, mother-in-law, father-in-law, domestic partners of unit members who have filed a Declaration of Domestic Partnership in accordance with established City policy, and parents and children of domestic partners, a person who is bonded to the employee SEIU Local 1021 MOU 20236-20268
15 by blood, marriage, adoption, fostering, partnership or legal guardianship; anyone living in the same household as the employee; and anyone named on a list of chosen relations which identifies the relationship, that the employee has given to the City upon employment or for current
SEIU Local 1021 MOU 20236-20268
15 SEIU Local 1021 MOU 20236-20268
16 employees during the medical insurance annual “Open Enrollment” period.
At the request of the City, the employee shall furnish a death certificate and proof of relationship.
1. One (1) designated (chosen) person per rolling, 12-month period; and
2. Five (5) designated (chosen) persons per fiscal year.
Upon request for bereavement leave for a designated (chosen) person, employees must specify the person for whom they are using the benefit.
At the request of the City, the employee shall furnish a death certificate and proof of relationship. Employees must have worked for the employer for at least 30 days prior to the leave. Leave must be completed within three months after the death for whom the leave is being taken.
4.9 Workers’ Compensation
For employee injury or disability falling within the provisions of the State Workers' Compensation Disability Act, disability compensation at the rate allowed under said Act shall be the basic remuneration during the employees' period of disability. In the case of full-time and part-time employees other than temporary and provisional employees, additional compensation equal to the difference between said employees' regular pay and the disability compensation allowance shall be granted for a period not to exceed forty-five (45) calendar days for any one period of incapacity.
The number of hours each day for which a part-time employee is compensated pursuant to the provisions of this Section shall be equivalent to the average daily number of hours worked by the employee during the fifty-two (52) week period or entire period of employment whichever is less immediately preceding their absence because of industrial disability.
Payment under this provision shall be integrated with any benefit which said employee may receive under the Labor Code of the State of California awarded as the result of the same injury. If, after the period of entitlement, the employee is still disabled, the employee may supplement any benefits paid under the Labor Code with accumulated sick leave and vacation to the extent necessary to make up the difference between the amount of said award and the normal weekly base pay for each week of continuing disability.
The City reserves the right to determine medical fitness for employment prior to the employee being returned to work. Such evaluations shall include a determination that the employee may safely return to work without the likelihood of further injury or illness to the employee. All such evaluations and determinations shall be consistent with workers' compensation law.
If an employee engages in alternate employment during the period of temporary disability the City shall receive a credit against workers' compensation payments made to the employee during said period of temporary disability.
4.10 Jury Duty Leave
SEIU Local 1021 MOU 20236-20268
17 Employees who have been summoned for and/or selected to serve on a jury shall receive their regular rate of compensation during such absence from work; provided that any jury fees received by an employee shall be remitted to the City.
Employees with nonstandard hours who have been selected to serve jury duty on their regularly scheduled workday should be compensated for their regular rate of pay and not be required to work their hours served on jury duty for that day/shift.
4.11 Subpoenaed Court Appearance Leave
Leave of absence shall be granted to an employee who has been served a subpoena to appear in a court case related to their employment with the City. The length of the leave granted shall be for the number of days in attendance in court as certified by the SEIU Local 1021 MOU 20236-20268
17 SEIU Local 1021 MOU 20236-20268
18 clerk or other authorized officer of the court. The employee shall receive full pay during the leave period provided that the witness fee for such leave is assigned to and the subpoena and court certification is filed with the City. The witness fee assigned to the City does not include reimbursement to the employee for expenses.
4.12 Family Leave
The City shall comply with the provisions of the State and Federal Family Leave Acts as required under the law. In that these two pieces of legislation are conflicted; the City will establish a Family Leave Policy that incorporates the governing provisions of the statutes. This policy will be incorporated into the City Personnel Rules as it applies to all bargaining units.
4.13 Parental Leave
A. Pregnant employees shall be allowed to continue working as long as they are physically capable of performing the duties of their jobs. Absence from work due to pregnancy-related disabilities shall be treated the same as absence from work due to any other physical disability.
B. Any pregnancy related disability occurring outside the employees' paid leave period shall be treated the same as any other physical disability and the employee shall be entitled to use any accumulated sick leave during this time. In addition, the employee may utilize any accrued vacation leave, or compensatory time off for any portion of the unpaid leave.
C. Benefits Credits. Credit toward all benefits dependent upon length of service, such as seniority and pension credits, shall be accrued during the first four (4) months of parental leave and retained thereafter.
D. Life and Health Insurance Coverage. The City agrees to maintain life and health insurance coverage during parental leave for four (4) months subject to any regular participation requirement of the employee. Thereafter the City agrees to continue coverage for the employee at the employee's expense.
E. Reinstatement. An employee returning from parental leave shall be reinstated in their former position at the salary they would have received had their employment with the City been continuous, exclusive of step increases.
F. Maternity, Paternity and Adoption Leave. An employee shall have five (5) days off with pay for maternity, paternity, or adoption leave. An employee may utilize any accrued vacation leave or compensatory time off for any additional time off for maternity, paternity, or adoption leave.
4.14 Leave of Absence Without Pay
A permanent, full-time or permanent part-time employee may be granted a leave of absence without pay of up to one (1) year, upon approval by the City, with no loss of seniority or benefits accrued prior to said leave.
4.15 Union Leave
The City will grant three (3) members of the bargaining unit designated by the Union release from duty with pay for up to twenty-foursixteen (2416) hours each fiscal year to attend labor relations training or attend union business away from City premises.
SEIU Local 1021 MOU 20236-20268
19 In either case,
SEIU Local 1021 MOU 20236-20268
19 SEIU Local 1021 MOU 20236-20268
20 such activities must be directly related to City of Emeryville contract negotiations or contract administration or for training but shall not be used to participate in preparation of litigation of any kind against the City, its Councilors, agents, officers, employees, or contractors. The designated employee must give the City at least ten
(10) working days advance written notice of the desired work time off to the City Human Resources Director and the employee’s immediate supervisor, or leave will not be allowed. The City may deny or cancel such leave in an emergency or conditions of anticipated severe short staffing.
4.16 Donor Activities
In the event that an employee participates in organ or bone marrow donation the employee may use sick leave or request catastrophic leave for this purpose.
Section 5 - Contracting Out
The City retains the right to determine if any of the work performed by members of the representation unit shall be performed by outside contract or intra-City transfer of work and to implement such action subject only to the terms of the following paragraph.
The City will provide the Union with forty-five (45) working days advance notice if a decision to sub-contract or transfer outside the bargaining unit work presently performed exclusively and traditionally by City employees will result in the layoff of any such employee(s). Such notice will include a brief statement of the reasons for the subcontract. Within these forty-five (45) days following notice from City of a decision to sub-contract that will result in a layoff, the Union may request to meet with City to discuss alternatives to the sub-contract. Such meeting shall be scheduled by the City in consultation with the Union and shall occur within seven (7) days after the request for the meeting is delivered to the City.
Section 6 - Employee Rights
6.1 Personnel Files
A. Employees shall be provided with copies of any disciplinary action before it is placed in the employee's personnel file. The employee shall have an opportunity to respond in writing to such disciplinary action and have their written response attached thereto.
B. Material in the personnel files of employees which may serve as a basis for affecting the status of their employment are to be made available for the inspection of the employee involved.
C. An employee, upon reasonable notice to their supervisor, shall have the right without loss of pay to examine and/or obtain copies of any material from their personnel file with the exception of material that includes ratings, reports, or records which were obtained prior to the employment of the employee involved.
The employee's personnel file shall be available for examination by the Union Field Representative as authorized by the employee. Employees covered by this Agreement wishing to review their personnel file shall call the Personnel Office in advance and schedule an appointment to inspect their personnel files. This right will be exercised reasonably.
SEIU Local 1021 MOU 20236-20268
20 SEIU Local 1021 MOU 20236-20268
21 D. All personnel files shall be kept confidential.
E. The official personnel file and the official grievance file shall be maintained separately.
F. Employees or their designated representative may request a review of material contained in their personnel files for possible deletion. Formal letters of reprimand and/or formal counseling memorandum, which did not involve criminal violations will, upon written request of the employee, be removed from the employee’s official personnel file if there have been no other disciplinary actions for a two (2) year period. Materials which would be removed upon an employee’s request that are more than two (2) years old, based on the employee's continuous service for such two (2) year period, will not be used or relied upon to take or support disciplinary action.
6.2 Each new employee shall receive upon employment a copy of the Collective Bargaining Agreement to be provided by the Union at Union orientation.
Section 7 - Employee Evaluation Procedures
The following procedures shall be strictly adhered to:
7.1 Evaluation by First Level Manager
The first level manager shall evaluate the employee by means of a performance evaluation.
7.2 Period of Probation
A. Entry Level Probationary Period. The probationary period of an employee filling a new classification in the competitive service of the City shall be of nine (9) months in duration, except that, in the case of a probationary employee requiring further consideration, the City may at its option extend the probationary period by three (3) months. In such event, the City agrees to notify the Union of the fact that the period of probation for a person filling an entry level has been extended.
B. Entry Level Probationary Period, Police and Child Development Department Employees. The probationary period of an employee filling a new position in the competitive service of the City Police Department and those hired into the Teacher classification in the Emeryville Child Development Center shall be of twelve (12) months duration, except that, in the case of a probationary employee requiring further consideration, the City may, at its option, extend the probationary period by three (3) months. In such event, the City agrees to notify the Union of the fact that the period of probation for a person filling an entry level has been extended.
Following this initial extension, the City, by mutual agreement with the Union, may extend the probationary
A. period for employees in the Police Department by an additional three (3) months.
B.C. Promotional Probationary Period. All employees promoted to a position in the classified service shall serve a probationary period of six (6) months. Any employee rejected during the probationary period following a promotional appointment shall be reinstated to the classification from which SEIU Local 1021 MOU 20236-20268
22 they were
SEIU Local 1021 MOU 20236-20268
22 promoted unless the employee is discharged in the manner provided in this Memorandum of Understanding.
SEIU Local 1021 MOU 20236-20268
22 SEIU Local 1021 MOU 20236-20268
23 7.3 Performance Evaluation
The City agrees that represented employees are entitled to a Performance Evaluation which describes individual performance. The report shall define the standards of acceptable service, serve as a means of recognizing good work, describe deficiencies, if any, and what steps the employee may take to achieve fully effective performance.
Probationary Employees. A new employee shall receive a Performance Evaluation within ten (10) days after the end of the fifth, eighth and, in the case of 12-month probationary employees, eleventh month of service.
Thereafter, the employee shall receive an annual performance evaluation at the anniversary of their date of hire.
Evaluations for employees in Police classifications will cover performance during a calendar year rather than anniversary year, and the evaluations will have an annual due date of January 31st.”
Once an employee has reached the top step of the employee’s classification salary range, the timing of the employee’s performance evaluation will transition to a calendar year, rather than based on the employee’s anniversary date. For the year this transition occurs, the following will be the schedule:
Month of Anniversary
Date
Next Calendar Year
Evaluation Date
January - June By January 31 of the
same calendar year
July - December By January 31 of the
following calendar year
7.4 Presentation of Report to Employee
Management shall make every effort to provide timely employee performance evaluations. Human Resources will notify departments of upcoming employee anniversary dates. Such notice will be provided on a monthly basis prior to the last week in the month preceding employee anniversary dates. If an evaluation is untimely and recommends a merit increase, such an increase shall be retroactive to the employee’s anniversary date.
Upon completing the performance evaluation report, the evaluator shall present it to the employee and discuss it with the employee. The employee shall then sign the report in order to indicate their receipt and they shall receive a signed copy.
If an evaluation is not presented to the employee within sixty (60) days of the employee's anniversary date, and the employee has not been disciplined within the last six (6) months of the year being evaluated, such employee will be deemed to have had "satisfactory" performance for the year being evaluated and any appropriate merit increase will be paid retroactively to the employee's anniversary date. The evaluation for an employee who has been disciplined within the last six (6) months of the year being evaluated will be completed within ninety (90) days of the employee's anniversary date.
7.5 Petition for Reevaluation
Six (6) months after receiving the satisfactory evaluation below in any category, the SEIU Local 1021 MOU 20236-20268
24 employee may petition their Department Head or designee to reevaluate them. If an improvement has been shown, an updated evaluation will be completed and placed in the employee’s personnel file.
Section 8 - Posting and Filling of Temporary Vacancies
8.1 A temporary vacancy exists when either of the following circumstances occurs:
(a) An employee in a permanent position is absent due to illness, injury, or leave of absence; or
(b) During the interim when a vacant permanent position is being evaluated for a reclassification.
The City retains the right to determine whether a temporary vacancy will be filled or SEIU Local 1021 MOU 20236-20268
24 SEIU Local 1021 MOU 20236-20268
25 not and may fill the temporary vacancy from any resources such as temporary agency personnel except under the following conditions:
Whenever it is determined by the City that a vacancy of thirty (30) days of longer is to be filled on a temporary basis, the department with the temporary vacancy to be filled will post the vacancy for application by the employees within that department.
Members of the bargaining unit assigned to permanent positions within the department where the temporary vacancy to be filled exists, and members assigned to permanent positions in another department who have obtained their department head's approval to apply for the temporary vacancy, will be considered before the department makes a temporary assignment from any other source.
A member assigned to a permanent position in another department than the department where the temporary vacancy exists will be advised by their department head of the reason(s) when their request for approval to apply for such temporary vacancy is denied. Such reasons may include but are not limited to the following:
employee performance concerns, an employee’s probationary status, the lack of available backup, skills scarcity, or the need to retain a critical job function within the department. The department head's decision to approve or not approve such request to apply for a temporary assignment shall be final and not subject to further appeal through the grievance procedure.
All applicants must meet the minimum requirements for the temporary vacancy. Such temporary vacancy will be posted for seven (7) calendar) days; interviews will be conducted with all eligible employees within the next following seven (7) calendar days; and applicants will be notified within the next following seven (7) calendar days. If no unit member is selected to fill the temporary vacancy, the City may continue to use non-bargaining unit temporary personnel to fill the vacancy for longer than fifty-one (51) days.
In the case of vacancies occurring under 8.1.b above, the maximum a temporary employee can be assigned shall be six (6) months.
8.2 Filling Permanent Promotional Vacancies
When it is determined by the City that a vacancy will be filled on a permanent basis, the Human Resources Director shall certify the eligibility list to the hiring department for employment consideration. Members of the bargaining unit who are on the certified eligibility list will be interviewed before any other candidates on the certified eligibility lists are interviewed.
If there are three (3) or fewer eligible and available persons on an eligibility list for certification to the hiring department, the Human Resources Director may use discretion by calling for a new examination in order to secure a sufficient number of persons eligible for certification.
8.3 Classification Studies/Job Audits
Classification study/job Audit requests shall be submitted to Department Heads. The Department Head shall review, comment on and forward such requests to Human Resources for consideration and discussion. The Union shall receive written notification of determination from Human Resources.
SEIU Local 1021 MOU 20236-20268
25 SEIU Local 1021 MOU 20236-20268
26 Section 9 - Health and Safety
9.1 Health and Safety Standard
The City and the Union will make every effort to maintain adequate and satisfactory health and safety standards. No employee shall be required to perform work with unsafe equipment or in situations which are injurious to their health or safety. The City shall conform to and comply with all health, safety, and sanitation guidelines. A Safety and Training Committee consisting of five (5) persons (including one representative from each Bargaining Unit) will meet at regularly scheduled intervals and shall hold safety meetings and inspections to recommend improvements consistent with OSHA and to recommend training programs to the City Manager. The Human Resources Director shall serve as staff to the Committee. Each bargaining unit shall designate one alternate member. Members of the Safety Committee shall be allowed reasonable release time to attend safety committee meetings.
9.2 Safety Committee
The Safety Committee shall be formed with a Union member from each of the below listed sites to review health, safety, sanitation and working conditions. The committee shall make recommendations to the appointed administrator who shall chair the Safety Committee meetings.
Sites: City Administration Offices, Public Works Corporation Yard, Police Department, Child Development Center.
The members of the Committee shall be allowed reasonable release time to attend safety committee meetings.
9.3 Heating, Ventilation and Air Conditioning
The City will make reasonable efforts to maintain building heating, lighting, ventilation and air conditioning systems in proper working order.
9.4 Employees with Chronic Illnesses
A. No employee shall be terminated, suspended with or without pay, solely because they have a chronic, serious, or life-threatening illness. The City may lawfully justify dismissal only when the disability 1) substantially interferes with the person's ability to perform their job after the City has made a reasonable accommodation for the disability, or 2) the employee would pose a reasonable probability of substantial harm to others.
B. No employee shall be required to be tested for the HIV antibody.
C. The City shall follow the City’s Exposure Control Plan, which is required by OSHA standards, for all City employees that may be expected, on a routine or collateral basis, to be exposed to blood born pathogens or other infectious materials (OPIMs). The text of the plan, which covers handling and training, is maintained in the Human Resources Department.
9.5 Video Display Terminals
The City shall endeavor to provide safe and healthy working conditions for employees using video display terminals (VDT's). The City will continue to make a SEIU Local 1021 MOU 20236-20268
26 SEIU Local 1021 MOU 20236-20268
27 good faith effort to assure safe and healthy working conditions for pregnant employees using VDT's, including provisions of safety equipment, manual performance of the work, and medically recommended restrictions.
Breaks shall be taken in accordance with Federal and/or State law. The City shall advise the Union of any health, safety, and/or ergonomic recommendations developed by the Health and Safety Committee. The City agrees to meet with the Union upon request, to review the findings and receive recommendations for modifications in safety regulations.
The safety committee shall make recommendations regarding the safe use and operation of VDT's.
9.6 Light Duty
The City shall meet and confer with the Union for the sole purpose of developing a light duty policy which shall be incorporated into the Personnel Rules and Regulations.
Section 10 - Grievance Procedure
10.1 Definition
A. A grievance is defined as, and limited to, a written complaint by an individual employee, group of employees, or the Union regarding any dispute involving an alleged violation of specific provisions of this Memorandum of Understanding (MOU) during the term of this MOU, or disciplinary actions.
B. Proposals to modify, amend or terminate this Memorandum of Understanding or written agreement or addenda supplementary hereto shall not be grievable.
C. A grievance shall contain a clear and concise statement of the grievance by indicating the issue involved, the relief sought, the date the incident or violation took place and the specific section of the MOU alleged to have been violated.
D. Group grievances are defined as, and limited to, those grievances which cover more than one employee, and which involve circumstances and facts for the grievance involved. Grievances which are group grievances must be designated on the grievance form at Step 1. The grievance must describe the group involved.
E. Alleged violations of a specific provision of this MOU may be grieved by the Union and shall be so identified as a Union grievance on the grievance form. Such Union grievances shall be signed by the Field Representative or their designee and shall contain all information as specified above for any other grievance.
F. Working days for the purpose of this section shall be defined as days during which the City’s Administrative Offices are open.
10.2 Time Limits and The Grievance Steps
Timely submission of a grievance is established only by postmark or by hand delivery. Faxes or e-mails do not establish proof of service or timeliness.
Step 1. Supervisor
(a) The grievance shall be presented in writing, either by the employee or by an authorized union representative to the designated supervisor of the employee SEIU Local 1021 MOU 20236-20268
27 SEIU Local 1021 MOU 20236-20268
28 within twenty (20) working days after the cause of such grievance occurs or within twenty (20) working days from the date the employee had reason to know of the alleged violation of the MOU that gave rise to the cause of such grievance.
Grievances which are not presented within the specified time period shall be deemed to be waived and abandoned.
(b) The designated supervisor shall have twenty (20) working days from date of receipt of grievance in which to respond. The designated supervisor shall issue a response, in writing, to the employee and the employee’s representative designated on the original grievance form.
(c) A grievance occasioned by the action (or lack of action) of person(s) other than a management official in the employee’s home department, may be filed at Step 3, as long as said grievance is filed within the time limits specified in Step 1 (a), above.
Step 2. Department Head
If the grievance is not satisfactorily resolved at Step 1, the employee or the Union may submit a Step 2 grievance as follows:
(a) The Step 2 grievance shall be submitted in writing either by the employee or by an authorized union representative to the department head or to such representative as they may designate. A grievance may only be submitted to this (and each subsequent) step of the Grievance Procedure by giving written notice of the submission within twenty (20) working days of the expiration of the designated time limits of the City official responsible for the prior response.
Deadlines which fall on a non-working day will automatically be extended to the next business day.
(b) The department head or a designated representative shall have twenty (20) working days from date of receipt of grievance in which to respond.
Step 3. Human Resources
(a) A grievance that remains unresolved following the Union's receipt of the Step 2 written response from the Department Head or their designated representative, and/or an Advanced Level Filing’ grievance, shall be submitted to the Head of Human Resources within twenty (20) working days.
(b) The Head of Human Resources shall meet with the grievant, the steward associated with the grievance, the Chief Steward, and/or the Union Representative, limited to three union representatives total, including the grievant. (c) The Head of Human Resources will have twenty (20) working days in which to provide a written response to any grievance unless timelines are extended in accordance with this section.
Step 4. Arbitration
(a) If the grievance remains unresolved at Step 3, either the Union or the City may, by written notice to the other party, advance the grievance to an impartial arbitrator within twenty (20) working days of the Step 3 response. The arbitration shall be selected by mutual agreement within twenty (20) working days from the date the grievance is advanced to arbitration. If agreement is not reached, either SEIU Local 1021 MOU 20236-20268
28 SEIU Local 1021 MOU 20236-20268
29 party may request the names of five (5) impartial arbitrators from the State Mediation and Conciliation Service. Upon receipt of the list, the Head of Human Resources, or designee, and the designated Union Representative, or designee, shall alternately strike names from the list of arbitrators until one arbitrator’s name remains, whom shall serve as the arbitrator. This process shall occur within twenty (20) working days. The fees and expenses of the arbitrator and of a court reporter shall be shared equally by the Union and the City. Each party, however, shall bear the cost of its own presentation including, but not limited to, preparation, presentation at hearing, and post hearing briefs, if any. (b) The City and/or the grievant may call witnesses. If an employee covered by this Agreement gives testimony in connection with the grievance procedure during working hours, the employee shall suffer no loss of pay. If the grievant’s hearing is scheduled during working hours, the grievant shall suffer no loss of pay in order to present their grievance.
(c) Decisions of arbitrators on matters properly before them shall be final and binding on the parties hereto.
No arbitrator shall entertain, hear, decide, or make recommendations on any dispute unless such dispute involves a position in a unit represented by the Union and unless such dispute falls within the definition of a grievance as set forth in subsection 10.1.
No arbitrator shall have the power to amend or modify this Memorandum of Understanding or written agreements or addenda supplementary hereto or to establish any new terms or conditions of employment.
10.3 No grievance involving disciplinary action taken against an employee will be entertained unless it is filed in writing with the Head of Human Resources within seven (7) working days of the time at which the affected employee was notified of such action.
10.4 Grievances which allege that employees are not being compensated in accordance with the MOU shall be initially filed in writing with the Head of Human Resources.
In no event shall there be any compensation adjustments that are retroactive prior to the date of the occurrence giving rise to the compensation grievance. Any other matters of compensation are not grievable and are to be resolved in the meeting and conferring process. If these matters are not detailed in the Memorandum of Understanding which results from such meeting and conferring process, they shall be deemed withdrawn until the meeting and conferring process is next opened for such discussion.
10.5 A steward and one (1) alternate steward shall be appointed by the union in each of the following work areas:
City Administrative Office Public Works Department
Police Department Community Services Department
A. If the aggrieved employee desires the assistance of a steward as provided in Steps 1 through 3 of the grievance procedure, or during the Arbitration process, the City shall afford said steward reasonable time off during work hours without loss of compensation or other benefits to investigate and take up said grievance. The grievant and/or the area steward shall obtain the specific approval of the SEIU Local 1021 MOU 20236-20268
29 SEIU Local 1021 MOU 20236-20268
30 Department and/or division head or, in the latter's absence, another authorized management official, before leaving their duties, workstation or assignment for the purpose of investigating and/or processing a grievance.
B. An employee may request the presence of a steward during an interview with their supervisor which the employee reasonably believes may result in disciplinary action, and where the employee has specifically asked the supervisor whether there is the potential for disciplinary action and has been advised by the supervisor that such potential exists. If at any time during an interview without a steward in attendance, it becomes apparent that disciplinary action may result, either party may adjourn the interview until a steward can be present. The provisions of this paragraph shall not apply to interviews conducted for the purpose of reviewing an employee's performance evaluation.
10.6 Timelines may be extended by mutual agreement of the Union and the Head of Human Resources at any step in this procedure. A request for timeline extension and subsequent agreement to a time extension shall be documented in writing by the party requesting the extension.
10.7 With the mutual consent of the parties, the services of a mediator may be employed to help mediate the grievance at any step in this procedure.
Section 11 - Non-Harassment and Retaliation
11.1 No employee shall be subjected to any illegal form of harassment in the course of employment. Prohibited harassment and retaliation are defined in the City Administrative Instruction 1119 – Non-Harassment and Retaliation.
11.2 Allegations of prohibited harassment and/or retaliation shall be reported promptly to the immediate supervisor, or in accordance with procedures outlined in Administrative Instruction 1119. Should Administrative Instruction 1119 be amended, then the subsequent amendment(s) shall be utilized as the administrative remedy for addressing such complaints.
Section 12 - Layoffs & Resignations
12.1 Layoffs
Whenever there is a lack of work or a lack of funds requiring reduction in personnel in a department or division of the City government, the required layoffs shall be made in accordance with the following procedures:
A. Employees shall be laid off in inverse order of their length of service within the affected job classification.
1. Length of service for the purpose of this Section 12.1 shall mean an employee's continuous uninterrupted service within a classification from the effective date of their appointment as a probationary or part-time employee in that classification.
2. An interruption in length of service within a classification shall occur as a result of any one of the following:
(a) Discharge for cause
(b) Voluntary resignation
SEIU Local 1021 MOU 20236-20268
30 SEIU Local 1021 MOU 20236-20268
31 (c) Retirement for service or disability
(d) Absence from work for thirty-six (36) consecutive months because of layoff
(e) Failure to return from layoff as provided in Section 12.2 (f) Failure to return from an approved leave of absence upon the date specified for return at the time said approval was granted.
Provisional and acting appointments to a classification shall not be construed as service in such classification unless such provisional or acting appointment was contiguous with appointment to such classification in a probationary or part-time status.
3. Whenever the effective date of appointment to a classification is the same for two or more employees, the original date of hire as a probationary or part-time employee with the City shall be used to determine which employee has greater length of service within the classification. The employee with the earlier original date of hire with the City shall be considered to have the greater length of service within the classification in this situation.
In the event two or more employees have exactly the same length of service, the employee whose rank order on the eligibility list for appointment to the current classification was lower shall be laid off first.
B. Within each affected job classification all provisional, temporary, and seasonal employees in that classification shall be laid off before probationary employees and all probationary employees shall be laid off before any regular employees provided; however, that part-time employees whose length of service is less than any probationary or regular employee shall be laid off before such probationary or regular employee. Thereafter, if additional reductions in personnel are required, those employees with the least length of service within the affected classification shall be laid off.
C. As an alternative to layoff, an employee with regular, probationary or part-time status who is displaced from their classification in accordance with the procedures provided in paragraphs (A) and (B) of this Section shall be allowed to bump to a classification at the same salary level or to a classification at the next lower salary level provided the classification to which they bump is one in which they have previously served in a regular, probationary or part-time status and where their original date of appointment to said classification, as defined in Section 8 of the Personnel Rules and Regulations, predates that of at least one employee presently serving therein.
As an exception to the foregoing, an employee may bump into a classification in which they have previously served and where their original date of appointment to that classification predates that of at least one employee presently serving therein and where said classification carries a higher salary level only if such higher salary level resulted solely from the application of an equity salary adjustment.
1. Bumping rights afforded an employee pursuant to this Section shall include access to those classifications in which they have previously served but which may since have been re-titled but where, as determined by the City, SEIU Local 1021 MOU 20236-20268
31 SEIU Local 1021 MOU 20236-20268
32 no substantive changes have been made in the duties or qualifications for the classification(s) in question. Such determination by the City shall be subject to the grievance procedure of this Memorandum of Understanding.
2. Prior to employees being laid off the City shall post an official bulletin board and provide the Union with status registers for all affected classifications within the representation unit. Said lists shall include the names of all present employees who have held these classifications and their appointment dates thereto.
3. An employee eligible to bump into another classification pursuant to this paragraph C shall have five (5) workdays after notice of assignment by the City Manager to a position in that classification in which to accept such assignment. If the affected employee fails to accept such an assignment within said five (5) workday period, they shall be laid off. An employee so assigned shall be placed at a salary step in the range for the classification to which they bump closest to the employee's former rate of pay but which does not exceed the salary step held by the employee in the classification from which the employee was displaced.
4. In the event an employee bumps to an occupied or vacant position that is "flexibly" staffed as reflected in the Positions and Salaries Resolution, assignment to said position shall be at the level at which the position is staffed at the time of layoff.
D. When employees are scheduled for layoff by the City, the affected employee and the Union will be given at least thirty (30) calendar days’ notice, except in an emergency. For the purposes of this section only, an emergency is defined as, but not limited to: earthquakes, fire, floods, terrorism, nuclear /radiological incidents, hazardous material incidents, disease, civil disturbances, or any other emergency requiring a coordinated multi-agency response. The City shall attempt, in so far as is possible, to accomplish any contemplated reduction in personnel by attrition rather than by layoff.
E. In the event employees are scheduled to be laid off, other employees with greater length of service within the same classification may elect to be laid off in lieu of those employees scheduled for such layoff.
12.2 Rights of Return
As position vacancies occur, employees on layoff and those occupying positions to which they have bumped shall be afforded return rights in the order of their length of service in the classification(s) in which such vacancies occur.
A. An employee shall have ten (10) workdays from the mailing by certified mail of a notice of return to their address of record on file in the Personnel Department to indicate acceptance of such return and their agreement to report for work as specified in the notice.
B. Employees in layoff status shall retain all credited sick leave earned but unused at the time of layoff. An employee on layoff shall not earn vacation leave credit while in layoff status. Upon an employee's return from layoff the employee shall be credited with proportionate vacation leave for the balance of the calendar year.
The amount of such credit shall be based upon their continuous uninterrupted service with the City including time spent in layoff status. Use of vacation leave SEIU Local 1021 MOU 20236-20268
32 SEIU Local 1021 MOU 20236-20268
33 so credited shall be subject to the provisions of Section 4.2(a) of this Memorandum of Understanding.
C. Employees who are displaced from their classifications by virtue of layoff shall be placed on a re-employment register for the classification they held at the time the layoff occurred, hereinafter referred to as the "primary" register. They shall also be placed on re-employment registers for classifications previously served in, hereinafter referred to as "secondary" registers. If an employee fails to respond to such notice of return within the prescribed time period or declines to return from layoff to a secondary register classification their name shall be removed from said secondary register and they shall no longer be eligible for recall to that classification. If an employee fails to respond to notice of return within the prescribed time period or declines return to their primary register classification the employee will be considered to have voluntarily resigned their employment with the City.
D. Full-time employees who have bumped to a part-time position, or who have been recalled from layoff to a part-time position, shall be afforded an opportunity to return to full-time status as position openings become available.
E. Employees who request and are granted voluntary demotion to a vacant position in lieu of layoff shall be afforded the same rights of return as employees who have exercised bumping rights.
F. An employee who, in lieu of layoff, was transferred to another position within the same classification shall be notified of an opening in their previous position and shall be afforded an opportunity to apply for reinstatement to that position.
12.3 Resignations
Any employee wishing to leave the employ of the City in good standing shall file with the Department Head at least two (2) weeks before leaving the service, a written resignation stating the effective date and reasons for leaving. The resignation shall be forwarded to the City Manager through the Personnel Director with a statement by the Department Head as to the resigned employee's service performance. In the case of any adverse comments, the employee shall be notified in writing and shall be given the opportunity to respond in writing. Failure of the employee to submit their written resignation as provided herein shall be entered on the service record of the employee and may be cause for denying future employment by the City.
12.4 Non-Discrimination in Workforce Reduction
Layoffs and demotions resulting there from shall be made without regard to an employee's race, color, creed, political beliefs, national origin, religion, sex, age, sexual orientation, or physical or mental handicap to the extent required by law.
12.5 Alternatives to Layoffs
In the interests of employees who may be adversely affected by a general layoff, arising from the need to reduce the work force, the City will first solicit volunteers for alternative measures such as, but not limited to, early retirement, demotion, jobsharing, reduced work hours and the like in order to reduce the impact of layoffs on employees.
SEIU Local 1021 MOU 20236-20268
33 SEIU Local 1021 MOU 20236-20268
34 Section 13 - Miscellaneous
13.1 Education and Training
Employees shall be eligible for reimbursement of tuition and textbook expenses for training that is required by the City or for training which is mutually acceptable by the employee and the City. Training that the City may determine it will not require but for which the City may, in its discretion, authorize reimbursement under this section includes, but is not limited to, courses or training programs related to:
(a) improving the employee’s basic skills (e.g. reading, writing, basic mathematics, problem solving, error reduction, etc.).
(b) improving the employee’s knowledge and skills needed to better perform the duties of their current position; or
(c) building on the employee’s existing knowledge and skill base to prepare the employee for possible advancement or lateral job transitions within the City that are logically connected to the employee’s present position.
Nothing in this section is intended to diminish the employee’s opportunity to apply for alternative career training support pursuant to the City’s general personnel policies.
13.2 Negotiations Process
The City will allow release time for three (3) employees of the Union's choosing for the purposes of meeting and conferring on the negotiation of this Memorandum of Understanding, consistent with the continued function of the City.
13.3 City Participation in CALPERS - Payment of Employee's PERS Contributions A. The City will provide for the participation of employees in the California Public Employees’ Retirement System (“PERS”) under the PERS Miscellaneous Employee 2% @ 55 (single highest year of compensation earnable and Level III Survivor Benefits plan) retirement formula plan for eligible employees hired before January 1, 2012.
B. Employee hired on or after January 1, 2012, will be enrolled in the 2 @ 60 retirement formula plan (average of highest three years compensation earnable and Level III Survivor Benefits plan).
C. Employees enrolled in the above plans (2% @55 and 2% @ 60) shall contribute to PERS each pay period seven percent (7%) of “PERSable” compensation toward the PERS employee contribution rate.
D. Effective January 1, 2013, newly hired employees that are considered “new members” in accordance with the Public Employee Pension Reform Act (PEPRA) will be enrolled under the PERS Miscellaneous Employee 2% @ 62 retirement formula plan (average of highest three years compensation earnable and Level III Survivor Benefits plan), in accordance with applicable law and PEPRA.
Employees enrolled in the 2% @ 62 shall contribute to the PERS each pay period one half the normal cost, which (as of 7/1/16) is six and a half percent (6.5%) of “PERSable” compensation toward the PERS employee contribution rate.
13.4 Use of Personal Autos for City Business
Employees who are authorized by their Department Head to drive their personal SEIU Local 1021 MOU 20236-20268
34 SEIU Local 1021 MOU 20236-20268
35 automobile in the performance of official City business, shall be reimbursed for each mile so driven at the Internal Revenue Service published permissible mileage rate.
The employee involved shall maintain accurate records of miles driven on official City business and submit same to their Department Head for reimbursement.
Section 14 - Health and Welfare
14.1 Medical Benefits
The City shall continue to contract with the California Public Employees' Retirement System (CalPERS) for the purpose of providing medical benefits for eligible active employees, eligible retired employees and eligible survivors of retired employees.
The City’s contribution towards medical insurance benefits for each eligible employee shall be the minimum contribution amount required by Government Code Section 22892. Contributions provided under this Section are required only to the extent mandated by Public Employees Medical and Hospital Care Act (PEMHCA).
The City's mandatory contributions shall be adjusted annually by the CalPERS board to reflect any change in the medical care component of the Consumer Price Index and rounded to the nearest dollar.
For the purpose of this section, a dependent is defined as a person who satisfies the definition of dependent in the CalPERS medical plan in which the employee is enrolled. Such dependents must also be enrolled in and covered by the plan. The eligible employee, retiree, or survivor shall be responsible for making any additional contributions needed to pay for this benefit as agreed upon in this Pay and Benefits Plan.
CalPERS may change carriers and plans; the City shall not be required to provide a specific insurance coverage and shall only be required to provide those benefits as described in this section so long as the City contracts for benefits with CalPERS for medical insurance benefits.
14.2 Section 125 Cafeteria Plan
The City shall provide a contribution to the Section 125 Cafeteria Plan for each fulltime active employee in regular or probationary status enrolled in one of the CalPERS medical insurance plans offered by the City.
The City Contribution. The City shall provide a contribution to the flexible benefits plan (Section 125 Cafeteria Plan) for each full-time active employee in regular or probationary status enrolled in one of the CalPERS medical insurance plans offered by the City.
Effective calendar year 2024, the City will pay 90% of the selected plan premium, which includes the minimum contribution amount required by Government Code Section 22892. Contributions provided under this Section are required only to the extent mandated by Public Employees Medical and Hospital Care Act (PEMHCA).
Additional Employee Contributions. The employee will pay 10% of the selected plan premium which shall be withheld from the employee's salary by the City on a pretax basis.
SEIU Local 1021 MOU 20236-20268
35 SEIU Local 1021 MOU 20236-20268
36 14.3 Medical In-Lieu/Alternate Benefit
Employees shall be allowed an opportunity to select certain options as alternatives to those benefits listed in Section 14 of this Memorandum of Understanding under the following terms.
Eligibility for receipt of alternative benefits is restricted to those employees for whom no City contribution is made towards premiums for group medical insurance because of coverage saidthe employees have opted out and have coverage from a source other than the City. In order to receive the medical in-lieu/alternate benefit, employees must meet all of the requirements of an Eligible Opt-Out ArrangementWritten proof of said coverage is required by the City.
The requirements that must be satisfied for the Eligible Opt-Out Arrangement are as follows:
(a) The Participant must have minimum essential coverage ("MEC") through another source (other than coverage in the individual market and other than individual coverage through Covered California);
(b) The Participant and all individuals in the Participant’s expected tax family have (or will have) the required minimum essential coverage. A Participant’s expected tax family includes all individuals for whom the Participant reasonably expects to claim a personal exemption deduction for the taxable year(s) that cover the Participant's plan year to which the opt-out arrangement applies:
(c) The Participant must provide reasonable evidence of the MEC for the applicable period. Reasonable evidence may include an attestation by the Participant; (d) The Participant must provide the evidence/attestation every Plan Year:
(e) The Participant must provide the evidence/attestation no earlier than a reasonable time before coverage starts (e.g. open enrollment), The evidence/attestation may also be provided within a reasonable time after the Plan
Year starts; and
(f) The medical in-lieu/alternate benefit cannot be made (and the City must not in fact make payment) if the
City knows or has reason to know that the Participant or tax family member does not have the alternative coverage.
The City shall contribute ninety percent (90%) of the Kaiser - Region 1, single party premium per month for alternate benefits for eligible full-time employees who select and are eligible for the medical-in-lieu/alternate benefits.
Available Benefits. Contributions made by the City may be applied by the employee to one or both of the following options:
(a) AThe medical-in-lieu/alternate benefit is provided to the employee as a cash payment that supplements to the employee's monthly compensationsalary. State and Federal taxes will be withheld on any monies applied to this option. (b) Contribution to the Deferred Compensation Plan currently in effect for represented employees, as governed by IRS regulations, must be made on an after-tax contribution basis.
SEIU Local 1021 MOU 20236-20268
37 14.4 Dental Benefits.
The City shall pay the full cost of coverage for employee and eligible dependents (including domestic partners) up to the family level under the Delta Dental Plan.
14.5 Vision Care
The City shall pay the full cost of coverage for employee and eligible dependents (including domestic partners) up to the family level under the Vision Service Plan (VSP).
14.6 Life Insurance
The City shall pay the entire cost of providing each regular full-time and permanent part- time, and probationary full-time employee with group term life insurance equal to the employee's annual salary or fifty thousand dollars ($50,000), whichever is greater, rounded to the nearest one-thousand-dollar ($1,000) increment.
Such policy to include accidental death and dismemberment coverage, and the right to conversion at the time of termination of employment to a form of permanent coverage without medical restrictions to the extent allowable by the insurance carrier and the law. The payment for such converted coverage shall be the responsibility of the individual electing such coverage.
Should the IRS increase the non-taxable insurance amount beyond $50,000, then maximum level of insurance coverage may be increased to that limit which is nontaxable under the IRS codes and regulations. In any event the City will not provide life insurance beyond the amount of the employee's annual salary.
SEIU Local 1021 MOU 20236-20268
37 SEIU Local 1021 MOU 20236-20268
38 14.7 Flexible Spending (FSA) and Dependent Care (DCAP) Accounts The City agrees to allow employees to designate a specific amount of salary, consistent with applicable public law, to be redirected each month to pay for Health Care and Dependent care costs on a pre-tax basis. The City will reimburse such employee on a monthly basis for health care and dependent care from such redirected funds, upon presentation to the designated third-party administrator of a claim and receipt for services rendered. Any unused funds will be administered in accordance with applicable Federal law.
Federal law limits the circumstances under which an employee may elect benefits and change an election under the Flexible Benefits Plan.
14.8 Permanent Part-Time Employees
Represented employees working less than full- time are eligible for City-sponsored health care benefits in accordance with the below tiers:
(a) Tier I - Represented regular part-time employees who are regularly scheduled to work thirty (30) hours or more hours a week but less than full- time (35 or 40 hours, depending on assigned work schedule) will be eligible for health care benefits and flexible benefit contributions on the same basis as regular full-time employees.
(b) Tier II - Represented regular part-time employees who are regularly scheduled to work at least twenty (20) but less than thirty (30) hours per week will be eligible for the City-sponsored health care benefits with the City paying flexible benefit contributions up to a maximum of seventyfive percent (75%) of the premium charged for the plan in which the employee is enrolled, up to a maximum of seventy-five percent (75%) of the Bay Area Kaiser premium at the applicable level of plan enrollment (i.e., one party, two party, or family). The balance of the required premium will be paid by the employee by payroll deduction.
If there are any premium rate increases for the dental and vision plans amounts, during the term of this agreement, at the request of the City, the parties will re-open negotiations. Such re-opener negotiations shall be limited to the discussion of how such increase(s) will be shared between the City and the employee. Absent an agreement between the parties, the above contributions for dental and vision benefits will remain in effect.
14.9 Reservation of Rights
The City reserves the right to provide medical, dental or vision care benefits under a program other than that offered through CalPERS or other existing benefit arrangements at any time during the term of this Memorandum of Understanding.
Alternate coverage may be provided through a consortium of public agencies or private employers which may be formed for the purpose of providing medical, dental or vision care benefits for employees; or through a program of self-insurance.
The City shall offer to meet with the Union to discuss the impact of such alternative coverage before the effective date of such coverage.
14.10 Health Care Legislation
SEIU Local 1021 MOU 20236-20268
38 SEIU Local 1021 MOU 20236-20268
39 If either the State of California or the federal government produces legislation that requires a change in the benefits provided under this MOU, or imposes an employee or an employer contribution requirement toward the cost of such benefits, the City shall have the right to adjust its contributions so that its total contribution is no greater than is required under this MOU and shall have a duty to provide any benefits lost through such legislation through a supplemental health plan. If the cost of such additional benefits exceed the total City contribution required by this MOU, the Parties will reopen negotiations for the purpose of determining an alternative plan design which conforms with the legislation and any necessary adjustments in contribution levels for both the City and the employees covered hereunder.
14.11 Retired Employees – Health Benefits
The City shall contribute $32.20 each month on behalf of each eligible retired employee. Employees who retired prior to January 1, 1981, are eligible for medical benefits only. Employees who retired between January 1, 1981, and January 1, 1984, inclusive are eligible for Medical and Dental benefits only. Employees who retire subsequent to January 1, 1984, are eligible for maximum medical, dental and vision care benefits in the amounts below:
Medical Dental Vision
Retiree $16.00 $20.00 $ 5.00
Retiree + One Dependent 16.00 35.00 8.68
Retiree + Two or more Dependents 16.00 46.06 8.68
The Employer’s medical contribution described above includes the PEMHCA statutory minimum employer contribution requirement.
These increased City contributions rates shall remain in effect only as long as required by law.
Retired employees who qualify for the Federal Government Medicare Benefits are eligible for Medicare Supplemental coverage only and may not elect any other medical insurance benefit. They remain eligible for dental and vision care benefits as provided herein.
14.12 Retiree Supplement Account
The City shall establish a Retiree Supplement Benefit Account on behalf of each retiree The Employer shall contribute the minimum employer health premium contributions required under the Public Employees’ Medical and Hospital Care Act (PEMHCA) toward CalPERS medical insurance premium.
Employees with eleven (11) or more years of continuous service are eligible for the following retiree health benefits. The combination of the City’s minimum employer contribution and Retiree Supplemental Benefit Account shall not exceed the follows:
Coverage Level Medical* Dental Vision
Retiree $153162.00 $20.00 $ 5.00
Retiree + One Dependent 286.00 35.00 8.68
Retiree + Two or more Dependents 363.00 46.06 8.68
SEIU Local 1021 MOU 20236-20268
40 *The medical benefit includes the Employer’s contribution under the Public Employees’ Medical and Hospital Care Act (PEMHCA). The Employer shall contribute the greater of the medical benefit amount shown above or the applicable PEMHCA minimum contribution. The Employer's medical contribution shall be paid directly to CalPERS.
The Employer's dental and vision contributions shall be applied toward the applicable monthly premiums. The retiree shall be responsible for paying any remaining premium amount directly to the Employer.
To be eligible for the Employer's retiree health benefits described in this section, an employee must be currently enrolled in an Employer-sponsored medical (CalPERS), dental, and/or vision plan at the time of retirement. An employee who is not enrolled in an applicable plan upon retirement shall not be eligible to receive the Employer's corresponding medical, dental, or vision contribution for that plan at a later date, except as otherwise required by law.
Additionally, in order to be eligible for this benefit, the employee's effective date of retirement must occur within one hundred twenty (120) days of the effective date of their separation from employment with the City and they must be enrolled in a medical, dental and vision care plan offered by the City. The surviving spouse of a retired employee who qualifies to receive these benefits is also entitled to receive the SEIU Local 1021 MOU 20236-20268
40 SEIU Local 1021 MOU 20236-20268
41 benefits in the event (a) they were designated by the employee prior to the employee's retirement, to receive a survivor benefit under the Public Employees' Retirement System (PERS) plan, and (b) they are receiving said survivor benefit, and (c) they are a member of a medical, dental and vision plan offered by the City of Emeryville. In the event a retired employee has designated more than one survivor who satisfy the above criteria, benefit payments made pursuant to this Section shall not exceed the monthly amount recited above for all such eligible survivors of the employee.
Eligible employees are those who retire from the City for service or disability and who have been employed continuously by the City.
14.13 Long Term Disability
The City shall provide and maintain a Long-Term Disability plan for all full-time active employees. The premium for such plan shall be paid by the City.
14.14 Health and Wellness
A. Employees shall receive a 15% discount on all current City facilities and current service fees including, but not limited to, childcare services provided by ECDC; facilities, programs and classes provided by the Community Services Department; the Senior Center; and rental facilities.
B. The City and SEIU representatives shall participate in a city-wide joint labormanagement committee to discuss health and wellness programs for employees.
Meetings will be held at mutually agreed upon times and places. Up to two employees may be released from scheduled duty to attend meetings of the committee.
Section 15 - Salary
15.1 Cost of Living Adjustments (COLA)
Effective March 16, 2024, the first full pay period following City Council approval, all classifications in the bargaining unit shall receive a salary increase of three and a half percent (3.5%). In addition to the salary increase, the City will provide a onetime lump sum payment equivalent to the value of a three and a half percent (3.5%) salary increase for the period of July 12, 2026 3, through the implementation of the three and a half percent (3.5%) salary increase referenced above.
Effective the first full pay period in July 20272024 all classifications in the bargaining unit shall receive salary increase of three and a half percent (3.5%).
Effective the first full pay period in July 2025, all classifications in the bargaining unit shall receive salary increase of three and a half percent (3.5%).
One-Time Lump Sum Payment
Effective the first full pay period following City Council approval of this agreementMemorandum of Understanding, bargaining unit members employed on the date of payment, shall receive a non-pensionable lump sum payment of $1,000.00.
15.2 Market Adjustment
Effective March 16, 2024, the following classifications in the bargaining unit shall SEIU Local 1021 MOU 20236-20268
42 receive a concurrent (i.e., non-compounding with the salary increase above) market adjustment to median, over 2 years, as follows:
SEIU Local 1021 MOU 20236-20268
42 SEIU Local 1021 MOU 20236-20268
43 Code Job Classification
Market
Adjustment Year 1 Year 2
1242 Police Communications Dispatcher 11.6% 5.8% 5.8%
1370 Public Works Maintenance Worker 7.4% 3.7% 3.7%
1390 Public Works Crew Leader 7.4% 3.7% 3.7%
1595 Recreation Assistant 2.4% 1.2% 1.2%
1605 Program Coordinator 2.4% 1.2% 1.2%
1234 Police Evidence Technician 1% 0.5% 0.5%
1241 Police Records Specialist 1% 0.5% 0.5%
1321 Engineer, Senior Civil 13% 6.5% 6.5%
1537 Sr. Building Inspector 11 % 5.5% 5.5%
*1325 Environmental Programs Analyst 3.7% 3.745% -
*City agrees to align Environmental Programs Analyst with Administrative Analyst.
In addition, the City will provide bargaining unit employes employed on the date of payment a one-time lump sum payment equivalent to the value of the market adjustment increase for the period of July 1, 2023 through the implementation of market adjustment year 1 referenced above.
15.1 Recruitment and Retention Adjustments
Effective March 16, 2024, all classifications in the bargaining unit shall receive a recruitment/retention market adjustment increase of one and a half percent (1.5%).
In addition to the increase, the City will provide bargaining unit employes employed on the date of payment a one-time lump sum payment equivalent to the value of a one percent (1.5%) salary increases (including all premium pays and overtime) for the period of July 1, 2023, through the implementation of the one and a half percent (1.5%) recruitment/retention market adjustment increase referenced above.
Effective the first full pay period in July 2024 all classifications in the bargaining unit shall receive a recruitment/retention market adjustment of one and a half percent (1.5%). Effective the first full pay period in July 2025, all classifications in the bargaining unit shall receive a recruitment/retention market adjustment of one and a half percent (1.5%).
15.4 Police Communications Dispatcher Police Department Employees - Training Differential Employees in the classification of Police Communications Dispatcher Police Department Employees,, who are assigned in writing by the Department Head to train new employees as a "public safety dispatcher", shall be compensated with premium pay in the amount of six percent (6%).
A. The premium pay is applied to the employee's current base salary step only.
There shall be no "pyramiding" of such premium pay, except that this provision shall be in accordance with the provisions of the Federal Fair Labor Standards Act.
B. Parties agree that the application of this premium pay is not precedent setting and does not relieve any employee in the Representation Unit from assisting in the task of training new employees. This additional compensation to a Police Communications Dispatcher Police Department Employee assigned by the Department Head to train
SEIU Local 1021 MOU 20236-20268
43 SEIU Local 1021 MOU 20236-20268
44 an new employee in the duties of a public safety agency dispatcher reflects the complexity and scope of such duties.
C. The City agrees that employees are entitled to periodic and timely Performance Evaluations which outline performance and progress in their classification. Accordingly, the parties agree that the City may elect to require a Police Communication Dispatcher Police Department Employee acting in the capacity of a trainer to prepare a performance evaluation report on the work of the dispatcher trainee under their direction; such reports will satisfy the performance evaluations required by Section 7.3(a) of this Memorandum of Understanding for probationary employees.
15.5 Police Communications Dispatcher – Certificate Incentive All Police Communications Dispatchers who have obtained a POST Dispatcher Intermediate Certificate shall receive an additional sum per month equal to two percent (2%) of salary.
All Police Communications Dispatchers who have obtained a POST Dispatcher Advanced Certificate shall receive an additional sum per month equal to three percent (3%) of salary.
Section 16 - Uniform Allowance
16.1 Public Works Maintenance
Public Works Maintenance and Crew Leader Uniform and Safety Shoe Allowance Public Works Maintenance personnel, initially appointed to the position three hundred twenty- five dollars ($325.00) per person per year allowance for the purchase of a uniform and two hundred seventy-five dollars ($275.00) per year for the purchase of safety shoes. Thereafter on the first pay period in October and March of each year, Public Works Maintenance personnel shall receive three hundred twenty-five dollars ($325.00) and two hundred seventy-five dollars ($275.00) respectively for purchase of uniforms and shoes.
Effective starting calendar year 2027, the allowance shall be implemented as follows:
New employees in the Public Works Maintenance Worker and Crew Leader classifications shall receive four hundred dollars ($400.00) on their first paycheck for the purchase of a uniform. Thereafter, a uniform allowance of fifteen dollars and thirty-eight cents ($15.38) will be paid on a biweekly basis.
New employees in the Public Works Maintenance Worker and Crew Leader classifications shall receive four hundred dollars ($400.00) on their first paycheck for the purchase of safety shoes. Thereafter, the safety shoe allowance of fifteen dollars and thirty-nine cents ($15.39) will be paid on a biweekly basis.
16.2 Police Classifications – Uniform Allowance
The City will provide represented employees in the Police Department, initially appointed to their position, a four hundred twenty-five-dollar ($425.00) allowance for the purchase of required articles of uniform. Thereafter on the first paycheck in October and March of each year, each represented employee in the Police Department shall receive a uniform maintenance allowance of four hundred seventy- SEIU Local 1021 MOU 20236-20268
45 five dollars ($475.00.)
Represented employees in the Police Department are eligible for uniform replacement as per Department policy.
16.3 The City shall provide, and Building Inspectors and Senior Building Inspectors shall wear, safety shoes required by Cal OSHA and any other safety equipment required by Cal OSHA regulations of individuals that inspect construction sites. The City shall provide Recreation Assistants and Program Coordinators in Recreation with not less than two (2) pair of work pants, two (2) work shirts and one (1) sweatshirt each fiscal year beginning July 1, 2009. In addition, the City shall provide Teachers and Program Coordinators in the Child Development Center with one (1) work jacket and two (2) work smocks each fiscal year beginning July 1, 2009.
SEIU Local 1021 MOU 20236-20268
45 SEIU Local 1021 MOU 20236-20268
46 Section 17 - Holidays
17.1 The following holidays shall be observed by the City with respect to all covered employees:
1. New Year’s Day (January 1)
2. Martin Luther King Jr. Birthday (3rd Monday in January)
3. Washington's Birthday (3rd Monday in February)
4. Memorial Day (Last Monday in May)
5. Juneteenth (June 19)
6. Independence Day (July 4)
7. Labor Day (1st Monday in September)
8. Indigenous Peoples’ Day (2nd Monday in October)
9. Veterans Day (November 11)
10. Thanksgiving Day (4th Thursday in November)
11. Day after Thanksgiving (4th Friday in November)
12. Christmas Day (December 25)
17.2 If any holiday falls on a Saturday, the preceding Friday shall be observed as the holiday; and if a holiday falls on a Sunday, the following Monday shall be observed as the holiday.
17.3 If a holiday occurs on the Police Department employee's normal day off, the employee shall be compensated for 8 hours of holiday pay at the straight-time hourly rate of pay.
17.4 An employee who works on a holiday observed by the City shall be compensated for such holiday at the rate of time and one-half (1-1/2) the straight-time hourly rate in addition to regular holiday pay.
In this instance the employee may, at the approval of their supervisor, elect to have any portion of the compensation for holidays worked credited as compensation time.
Police Communications Dispatchers who are assigned to work on Juneteenth, Independence Day, Christmas and New Year’s Day, the holidays are observed on the actual date of the holiday.
17.5 Floating Holidays. For fiscal year 2023-2024, bargaining unit employees shall be granted three (3) floating holidays each fiscal year on the first day of the first pay period beginning on or after July 1 of the respective year and one (1) additional floating holiday each fiscal year on the first day of the first pay period beginning on or after July 1 of the respective year. This additional floating holiday may only be used on the day before the Thanksgiving, Christmas Eve or New Year’s Eve holidays and may be taken in ½ day increments prorated based on the number of hours in the employee’s normal work week.
17.6 Effective fiscal year 2024-2025, bargaining unit employees shall be granted four (4) floating holiday each fiscal year on the first day of the first pay period beginning on or after July 1 of the respective year.
For employees at ECDC:
1. Members of SEIU who are regularly assigned to the Emeryville Child Development Center (ECDC) (the “Affected Employees”) will work on Veteran’s Day and Indigenous People’s Day and shall instead receive December 24th and SEIU Local 1021 MOU 20236-20268
46 SEIU Local 1021 MOU 20236-20268
47 December 26th off as observed holidays.
2. If December 24th and/or December 26th falls on a Saturday, the Affected Employee shall observe the holiday on the preceding Friday. If December 24th and/or December 26th falls on a Sunday, the Affected Employee shall observe the following Monday as the holiday.
3. In addition, affected employees must use one of their four floating holidays on New Year’s Eve on which day the City may close the ECDC. In years in which New Year’s Eve falls on a Saturday or Sunday, employees will be allowed to retain and use a floating holiday in the same manner as other floating holidays.
Section 18 - Child Safety and Protection
18.1 Child Development Center Labor Management Committee A committee consisting of three persons each from the City and the Union shall be established to meet at mutually agreeable times to discuss the following issues in Child Development:
(a) Staff schedules including working hours, lunch breaks, and staff meeting schedules
(b) Training and development, including mandatory and optional training and educational programs
(c) Other issues that the committee agrees are appropriate for discussion and resolution
18.2 Child Safety
The parties are committed to child safety and have zero tolerance for child abuse or endangerment. For represented employees in any department who work or interact with minors or children as part of their job duties, any instance of observed, reported or reasonably suspected abuse, endangerment or mistreatment of a child or minor shall result in an investigation during which the employee may be placed on temporary leave with pay. Employees who harm, endanger or otherwise mistreat a child of any age will be subject to disciplinary action up to and including discharge from employment.
Represented employees who work or interact with minors or children shall not abuse children, including, but not limited to, the following:
(a) physical abuse—striking, spanking, shaking, slapping; (b) verbal abuse—humiliating, degrading;
(c) sexual abuse—inappropriate touching or verbal exchange; (d) mental abuse—shaming, withholding care, cruelty, threatening; (e) neglect—withholding food, water, basic care, etc.
No type of abuse will be tolerated; and abusive behavior shall be cause for immediate dismissal.
18.3 Mandated Reporting
All employees are expected to comply with Administrative Instruction 1132 Mandated Reporting. Any employee subject to the mandatory report requirement of the California Penal Code, Section 11166.5 reasonably suspects that a child, 18 years SEIU Local 1021 MOU 20236-20268
47 SEIU Local 1021 MOU 20236-20268
48 or younger, has received a physical injury or injuries which appear to have been inflicted other than accidental means by any person, or that they have been sexually abused, such fact will be reported immediately by the observer by telephone and in writing immediately but in no case longer than thirty-six (36) hours to Child Protective Services (CPS) or the police department in the city of the incident.
If an Employee suspects or has knowledge of child abuse based upon behaviors, physical symptoms or signs, the Employee is required by law to report this immediately to Child Protective Services. Employees are also to report any suspicion of child abuse immediately by sending an “Unusual Incident Report” to Community Care Licensing, as required, with a copy to their direct supervisor. If the direct supervisor is not on duty, the Employee will follow the chain of command up to the next available manager.
In cases where Employees are accused of child abuse the individual will be suspended with pay pending investigation.
Section 19 - Employee Assistance Program
In the event an employee is admitted to the Employee Assistance Program, and at the time of such entry has disciplinary action pending which is related to the cause for entry into the Employee Assistance Program, said disciplinary action shall be held in abeyance during the period the employee is satisfactorily participating in the Program. Upon successful completion of the Program, such disciplinary action will be canceled. The provisions of this Section shall be applicable only on the first occasion an employee is admitted to the Employee Assistance program and shall not apply in the event an employee completes or drops out of the Program and applies for re-admittance.
Section 20 - Concerted Activities
The Union, its members and representatives agree that it and they will not engage in or authorize any strike, slowdown, stoppage of work, curtailment of production, concerted refusal of overtime work, refusal to operate designated equipment (provided such equipment is safe and sound) or to perform customary duties because of any dispute arising during the term of this Memorandum of Understanding; and neither the Union nor any representative thereof shall engage in job action for the purpose of effecting changes of personnel or operations of management or of employees not covered by this Memorandum of Understanding.
Section 21 - Management Rights and Responsibilities
21.1 The Union recognizes and agrees that the City retains and reserves all powers, rights, authority, duties and responsibilities conferred upon and vested in it by the laws and the Constitution of the State of California and of the United States, limited only by Sections of this Agreement.
21.2 The Union recognizes and the City agrees that the exercise of the foregoing powers, rights, authority, duties and responsibilities by the adoption of policies, rules, regulations, and practices in furtherance thereof; and the use of judgment and discretion in connection therewith shall be limited only by the specific and express terms of this Agreement and then only to the extent such specific and express terms are in conformance to the Constitution and laws of the State of California and of the SEIU Local 1021 MOU 20236-20268
48 SEIU Local 1021 MOU 20236-20268
49 United States.
21.3 The Union recognizes and agrees that the City’s powers, rights, authority, duties, and responsibilities include the exclusive right to manage, plan, organize, staff, direct, and control; to decrease and increase the workforce, to establish and change standards, to determine solely the extent to which the facilities of any department thereof shall be operated and the outside purchase of products, the right to introduce new or improved methods and facilities; and to otherwise take any action desired to run the entire operation efficiently except as modified by this Agreement.
21.4 The Union recognizes and agrees that the City retains its right to amend, modify, or suspend policies and practices referred to in this Agreement in case of emergency.
Emergency is to be defined as: An act of God, a natural or man-made disaster, or other dire interruption of the City’s programs. When an emergency is declared the City shall immediately notify and consult with the Union.
Section 22 - Direct Deposit
As a condition of employment, and within one (1) year of the effective date of this Agreement, employees will make the necessary arrangements to have all sums paid pursuant to this Agreement direct deposited into one or more bank accounts as designated by the employee.
Section 23 - Severability of Provisions
If any section, clause, or provision of this Memorandum of Understanding is declared illegal by final judgment of a court of competent jurisdiction, such invalidation of such section, clause or provision shall not invalidate the remaining portions hereof, and such remaining portions shall remain in full force and effect for the duration of this Memorandum of Understanding.
Upon such invalidation the parties agree immediately to meet and negotiate substitute provisions for such parts or provisions rendered or declared illegal or an unfair labor practice. If the parties are unable to agree upon substitute provisions the dispute may, at the request of either the City or the Union, be referred to the grievance procedure.
SEIU Local 1021 MOU 20236-20268
49 SEIU Local 1021 MOU 20236-20268
50 _____________________________
Ossee Desmangles, Chief Negotiator
FOR THE CITY:
06/12/2024
FOR SEIU:
07/26/2024
06/12/2024
Negotiating Team Member
07/26/2024
Negotiating Team Member
06/12/2024
Negotiating Team Member
07/29/2024
SEIU Executive Director
08/15/2024
Section 24 - Duration
Except as otherwise expressly provided herein, if at all, for the retroactive application of specific contract terms, this Memorandum of Understanding shall take effect upon ratification and signing by the authorized representatives of both parties hereto and shall remain in effect through and including June 30, 2026 and shall continue thereafter, from year to year, unless at least thirty (30) days prior to the first day of July, 2026, or the first day of July of any subsequent year, either party files written notice with the other of its desire to amend, modify, or terminate this Agreement.
Approved by Council on March 5, 2024
Paul Buddenhagen, City Manager Navarre Oaks, Interim President Lilybell Nakamura, Human Resources Director Michael Roberts Pedro Jimenez, Assistant City Manager Jamie Lee
Negotiating Team Member
Peter Masiak
NEGOTIATED:
Approved as to Form:
John Kennedy
City Attorney
08/16/2024
Blake Huntsman
SEIU Field Supervisor
Negotiating Team Member
08/15/2024
David Canham
SEIU Director
08/16/2024
06/12/2024
Gregory Ramirez, Chief Negotiator
SEIU Local 1021 MOU 20236-20268
51 SEIU Local 1021 MOU 20236-20268
51 Section 24 - Duration
Except as otherwise expressly provided herein, if at all, for the retroactive application of specific contract terms, this Memorandum of Understanding shall take effect upon ratification and signing by the authorized representatives of both parties hereto and shall remain in effect through and including June 30, 2026 and shall continue thereafter, from year to year, unless at least thirty (30) days prior to the first day of July, 2026, or the first day of July of any subsequent year, either party files written notice with the other of its desire to amend, modify, or terminate this Agreement.
Approved by Council on September 1, 2026
SEIU Local 1021 The City of Emeryville
______________________________ ___________________________________ Ryan Fettes, Chief Negotiator Jeff Bailey, Chief Negotiator ______________________________ ___________________________________ Alyssa Chung, President Lilybell Nakamura, Human Resources Director ________________________________ ___________________________________ Michael Roberts, Bargaining Team Member Pedro Jimenez, Assistant City Manager ______________________________ ___________________________________ Jamie Lee, Bargaining Team Member Qiana James, Sr. Human Resources Analyst ______________________________
Ryan Fettes, Chief Negotiator
______________________________
David Canham, Executive Director
____________________________________
Peter Masiak, Field Director
Approved as to Form:
__________________________
Christie Crowl, City Attorney
SEIU Local 1021 MOU 20236-20268
52 APPENDIX A
BASE MONTHLY BIWEEKLY SALARY SCHEDULE
Effective first full pay period in July 2026
JOB
CODE JOB CLASSIFICATION A B C D E
Hrs/
Wk
1161 ACCOUNTANT
4,003.30
4,204.20
4,414.20
4,635.40
4,867.10 35
1180 ACCOUNTING TECHNICIAN
3,277.40
3,441.20
3,613.40
3,794.00
3,983.70 35
1410 ADMINISTRATIVE ANALYST
3,963.40
4,161.50
4,370.10
4,587.80
4,817.40 35
1410 ADMINISTRATIVE ANALYST*
4,529.60
4,756.00
4,994.40
5,243.20
5,505.60 40
1510 ADMINISTRATIVE ASSISTANT
2,992.50
3,142.30
3,299.80
3,465.00
3,637.90 35
1501 ASSISTANT PLANNER
3,469.20
3,642.80
3,824.10
4,015.90
4,216.80 35
1322 ASSOCIATE CIVIL ENGINEER
4,866.40
5,110.00
5,364.80
5,632.90
5,914.30 35
1500 ASSOCIATE PLANNER
4,376.40
4,595.50
4,825.10
5,066.60
5,320.00 35
1535 BUILDING INSPECTOR
4,331.20
4,547.20
4,774.40
5,012.80
5,263.20 40
1507 BUILDING PERMIT TECH./PLAN CHECKER
3,595.20
3,775.10
3,964.10
4,162.20
4,370.80 35
1453
COMMUNITY & ECONOMIC DEVELOPMENT
COORDR I
3,721.20
3,906.70
4,102.70
4,307.10
4,523.40 35
1450
COMMUNITY & ECONOMIC DEVELOPMENT
COORDR II
4,750.20
4,987.50
5,236.70
5,498.50
5,773.60 35
1245 CRIME ANALYST
3,980.00
4,179.20
4,388.00
4,608.00
4,838.40 40
1325 ENVIRONMENTAL PROGRAMS ANALYST
3,963.40
4,161.50
4,370.10
4,587.80
4,817.40 35
1326 ENVIRONMENTAL PROGRAMS TECHNICIAN
2,923.20
3,069.50
3,223.50
3,384.50
3,553.20 35
1655 FAMILY SUBSIDY SPECIALIST
2,760.00
2,897.60
3,042.40
3,194.40
3,354.40 40
1695 LEAD TEACHER
2,846.40
2,988.80
3,137.60
3,294.40
3,459.20 40
1710 MEAL HANDLER (Part-time)
20.94 21.99
23.09 24.24
25.45 hour
ly
1480 OFFICE ASSISTANT I (Part-Time)
27.52 28.90
30.34 31.86
33.45 hour
ly
1470 OFFICE ASSISTANT I
1,686.30
1,770.30
1,858.50
1,951.60
2,049.60 35
1470 OFFICE ASSISTANT I*
1,927.20
2,023.20
2,124.00
2,230.40
2,342.40 40
1481 OFFICE ASSISTANT II (Part-Time)
34.52 36.25
38.06 39.96
41.96 hour
ly
1460 OFFICE ASSISTANT II
2,115.40
2,220.40
2,331.70
2,447.90
2,570.40 35
1460 OFFICE ASSISTANT II*
2,417.60
2,537.60
2,664.80
2,797.60
2,937.60 40
1190 PAYROLL TECHNICAN
3,447.50
3,619.70
3,799.60
3,990.00
4,189.50 35
1505 PLANNING TECHNICIAN
3,105.20
3,260.60
3,423.70
3,595.20
3,775.10 35
1232 POLICE ADMINISTRATIVE SPECIALIST
3,383.20
3,552.80
3,730.40
3,916.80
4,112.80 40
1242 POLICE COMMUNICATIONS DISPATCHER
3,875.20
4,068.80
4,272.00
4,487.20
4,711.20 40
1234 POLICE EVIDENCE TECHNICIAN
3,416.00
3,586.40
3,765.60
3,954.40
4,152.00 40
SEIU Local 1021 MOU 20236-20268
53 1241 POLICE RECORDS SPECIALIST
3,252.80
3,416.00
3,586.40
3,765.60
3,954.40 40
1240 POLICE SERVICES TECHNICIAN
3,222.40
3,383.20
3,552.80
3,730.40
3,916.80 40
1605 PROGRAM COORDINATOR
3,049.60
3,203.20
3,363.20
3,531.20
3,708.00 40
1390 PUBLIC WORKS CREW LEADER
3,842.40
4,034.40
4,236.00
4,447.20
4,670.40 40
1370
PUBLIC WORKS MAINTENANCE WORKERGENERAL
3,234.40
3,396.80
3,566.40
3,744.80
3,932.00 40
1595 RECREATION ASSISTANT
2,710.40
2,847.20
2,988.00
3,137.60
3,294.40 40
1160 SENIOR ACCOUNTANT
4,494.70
4,720.10
4,955.30
5,203.80
5,463.50 35
1170 SENIOR ACCOUNTING TECHNICIAN
3,446.80
3,619.70
3,799.60
3,990.00
4,189.50 35
1537 SENIOR BUILDING INSPECTOR
5,038.40
5,291.20
5,554.40
5,832.00
6,124.00 40
1321 SENIOR CIVIL ENGINEER
5,902.40
6,197.10
6,506.50
6,832.00
7,172.90 35
1503 SENIOR PLANNER
4,844.70
5,086.20
5,340.30
5,606.30
5,887.00 35
1665 TEACHER
2,229.60
2,341.60
2,458.40
2,581.60
2,710.40 40
1690 TEACHER AIDE-SUBSTITUTE (Part-Time)
21.02 22.07
23.18 - -
hour
ly
1685 TEACHER ASSISTANT
1,681.60
1,765.60
1,854.40
1,947.20
2,044.80 40
1675 TEACHER ASSOCIATE
1,854.40
1,947.20
2,044.80
2,146.40
2,254.40 40
1680 TEACHER-SUBSTITUTE (Part-Time)
23.18 24.34
25.56 - -
hour
ly
Effective 3/16/2024
JOB
CODE JOB CLASSIFICATION A B C D E Hrs/Wk
1161 ACCOUNTANT 7,639 8,021 8,422 8,844 9,286 35
1180 ACCOUNTING TECHNICIAN 6,254 6,566 6,894 7,239 7,601 35 1410 ADMINISTRATIVE ANALYST 7,562 7,940 8,338 8,754 9,192 35 1410 ADMINISTRATIVE ANALYST * 8,642 9,074 9,529 10,005 10,505 40 1510 ADMINISTRATIVE ASSISTANT 5,710 5,996 6,296 6,611 6,942 35 1501 ASSISTANT PLANNER 6,619 6,950 7,296 7,662 8,045 35 1322 ASSOCIATE CIVIL ENGINEER 9,285 9,749 10,236 10,748 11,284 35 1500 ASSOCIATE PLANNER 8,351 8,769 9,206 9,667 10,150 35 1535 BUILDING INSPECTOR 8,264 8,676 9,110 9,564 10,042 40 1507 BUILDING PERMIT TECH./PLAN CHECKER 6,860 7,203 7,563 7,941 8,339 35 1453 COMMUNITY & ECONOMIC DEVELOPMENT COORDR I 7,100 7,454 7,828 8,218 8,630 35 1450 COMMUNITY & ECONOMIC DEVELOPMENT COORDR II 9,064 9,516 9,992 10,492 11,016 35 1245 CRIME ANALYST 7,594 7,974 8,373 8,792 9,232 40
1325 ENVIRONMENTAL PROGRAMS ANALYST 7,562 7,940 8,338 8,754 9,192 35 1326 ENVIRONMENTAL PROGRAMS TECHNICIAN 5,578 5,857 6,150 6,458 6,780 35 1655 FAMILY SUBSIDY SPECIALIST 5,267 5,529 5,805 6,095 6,401 40 1695 LEAD TEACHER 5,431 5,703 5,987 6,286 6,600 40
1710 MEAL HANDLER (Part-Time) 18.44 19.36 20.33 21.35 22.41 hourly 1480 OFFICE ASSISTANT I (Part-Time) 24.24 25.45 26.72 28.06 29.46 hourly 1470 OFFICE ASSISTANT I 3,217 3,378 3,546 3,724 3,910 35 1470 OFFICE ASSISTANT I* 3,677 3,860 4,053 4,256 4,469 40 1481 OFFICE ASSISTANT II (Part-Time) 30.40 31.92 33.52 35.19 36.95 hourly 1460 OFFICE ASSISTANT II 4,036 4,237 4,449 4,671 4,904 35 SEIU Local 1021 MOU 20236-20268
54 1460 OFFICE ASSISTANT II * 4,612 4,842 5,084 5,338 5,605 40 1190 PAYROLL TECHNICAN 6,577 6,906 7,250 7,614 7,994 35 1505 PLANNING TECHNICIAN 5,924 6,221 6,532 6,860 7,203 35 1232 POLICE ADMINISTRATIVE SPECIALIST 6,455 6,779 7,117 7,474 7,848 40 1242 POLICE COMMUNICATIONS DISPATCHER 7,007 7,357 7,725 8,113 8,518 40 1234 POLICE EVIDENCE TECHNICIAN 6,486 6,811 7,151 7,509 7,885 40 1241 POLICE RECORDS SPECIALIST 6,177 6,486 6,811 7,151 7,509 40 1240 POLICE SERVICES TECHNICIAN 6,148 6,455 6,779 7,117 7,474 40 1605 PROGRAM COORDINATOR 5,753 6,043 6,344 6,661 6,995 40 1390 PUBLIC WORKS CREW LEADER 7,082 7,436 7,807 8,197 8,608 40 1370 PUBLIC WORKS MAINTENANCE WORKER 5,961 6,260 6,573 6,902 7,247 40 1595 RECREATION ASSISTANT 5,114 5,371 5,637 5,919 6,215 40 1160 SENIOR ACCOUNTANT 8,575 9,006 9,455 9,929 10,424 35 1170 SENIOR ACCOUNTING TECHNICIAN 6,576 6,906 7,250 7,614 7,994 35 1537 SENIOR BUILDING INSPECTOR 9,135 9,593 10,071 10,574 11,103 40 1321 SENIOR CIVIL ENGINEER 10,605 11,134 11,691 12,275 12,888 35 1503 SENIOR PLANNER 9,243 9,704 10,189 10,697 11,232 35 1665 TEACHER 4,255 4,468 4,690 4,926 5,171 40
1690 TEACHER AIDE-SUBSTITUTE (Part-Time) 18.51 19.44 20.41 - - hourly 1685 TEACHER ASSISTANT 3,209 3,368 3,539 3,715 3,901 40 1675 TEACHER ASSOCIATE 3,539 3,715 3,901 4,096 4,301 40 1680 TEACHER-SUBSTITUTE (Part-Time) 20.41 21.43 22.51 - - hourly *Positions assigned to Community Services and Police Department are assigned 40-hour/week schedule.
SEIU Local 1021 MOU 20236-20268
54 SEIU Local 1021 MOU 20236-20268
55 APPENDIX B
BASE MONTHLY BIWEEKLY SALARY SCHEDULE
Effective first full pay period in July 2027
JOB
CODE JOB CLASSIFICATION A B C D
1161 ACCOUNTANT
4,123.70
4,330.20
4,546.50 4,774.70
1180 ACCOUNTING TECHNICIAN
3,375.40
3,544.10
3,721.90 3,908.10
1410 ADMINISTRATIVE ANALYST
4,082.40
4,286.10
4,501.00 4,725.70
1410 ADMINISTRATIVE ANALYST*
4,665.60
4,898.40
5,144.00 5,400.80
1510 ADMINISTRATIVE ASSISTANT
3,082.10
3,236.80
3,398.50 3,569.30
1501 ASSISTANT PLANNER
3,573.50
3,752.00
3,938.90 4,136.30
1322 ASSOCIATE CIVIL ENGINEER
5,012.70
5,263.30
5,525.80 5,801.60
1500 ASSOCIATE PLANNER
4,508.00
4,733.40
4,970.00 5,218.50
1535 BUILDING INSPECTOR
4,460.80
4,684.00
4,917.60 5,163.20
1507 BUILDING PERMIT TECH./PLAN CHECKER
3,703.00
3,888.50
4,083.10 4,286.80
1453 COMMUNITY & ECONOMIC DEVELOPMENT COORDR I
3,832.50
4,023.60
4,225.90 4,436.60
1450 COMMUNITY & ECONOMIC DEVELOPMENT COORDR II
4,893.00
5,137.30
5,393.50 5,663.70
1245 CRIME ANALYST
4,099.20
4,304.80
4,520.00 4,746.40
1325 ENVIRONMENTAL PROGRAMS ANALYST
4,082.40
4,286.10
4,501.00 4,725.70
1326 ENVIRONMENTAL PROGRAMS TECHNICIAN
3,010.70
3,161.90
3,320.10 3,486.00
1655 FAMILY SUBSIDY SPECIALIST
2,843.20
2,984.80
3,133.60 3,290.40
1695 LEAD TEACHER
2,932.00
3,078.40
3,232.00 3,393.60
1710 MEAL HANDLER (Part-time)
21.57 22.65
23.78 24.97
1480 OFFICE ASSISTANT I (Part-Time)
28.35 29.76
31.25 32.82
1470 OFFICE ASSISTANT I
1,736.70
1,823.50
1,914.50 2,010.40
1470 OFFICE ASSISTANT I*
1,984.80
2,084.00
2,188.00 2,297.60
1481 OFFICE ASSISTANT II (Part-Time)
35.56 37.34
39.20 41.16
1460 OFFICE ASSISTANT II
2,179.10
2,286.90
2,401.70 2,521.40
1460 OFFICE ASSISTANT II*
2,490.40
2,613.60
2,744.80 2,881.60
1190 PAYROLL TECHNICAN
3,551.10
3,728.20
3,913.70 4,109.70
1505 PLANNING TECHNICIAN
3,198.30
3,358.60
3,526.60 3,703.00
1232 POLICE ADMINISTRATIVE SPECIALIST
3,484.80
3,659.20
3,842.40 4,034.40
1242 POLICE COMMUNICATIONS DISPATCHER
3,991.20
4,191.20
4,400.00 4,621.60
1234 POLICE EVIDENCE TECHNICIAN
3,518.40
3,693.60
3,878.40 4,072.80
SEIU Local 1021 MOU 20236-20268
56 1241 POLICE RECORDS SPECIALIST
3,350.40
3,518.40
3,693.60 3,878.40
1240 POLICE SERVICES TECHNICIAN
3,319.20
3,484.80
3,659.20 3,842.40
1605 PROGRAM COORDINATOR
3,140.80
3,299.20
3,464.00 3,636.80
1390 PUBLIC WORKS CREW LEADER
3,957.60
4,155.20
4,363.20 4,580.80
1370 PUBLIC WORKS MAINTENANCE WORKER-GENERAL
3,331.20
3,498.40
3,673.60 3,856.80
1595 RECREATION ASSISTANT
2,792.00
2,932.80
3,077.60 3,232.00
1160 SENIOR ACCOUNTANT
4,629.80
4,861.50
5,103.70 5,359.90
1170 SENIOR ACCOUNTING TECHNICIAN
3,550.40
3,728.20
3,913.70 4,109.70
1537 SENIOR BUILDING INSPECTOR
5,189.60
5,449.60
5,720.80 6,007.20
1321 SENIOR CIVIL ENGINEER
6,079.50
6,383.30
6,701.80 7,037.10
1503 SENIOR PLANNER
4,990.30
5,238.80
5,500.60 5,774.30
1665 TEACHER
2,296.80
2,412.00
2,532.00 2,659.20
1690 TEACHER AIDE-SUBSTITUTE (Part-Time)
21.65 22.73
23.88 -
1685 TEACHER ASSISTANT
1,732.00
1,818.40
1,910.40 2,005.60
1675 TEACHER ASSOCIATE
1,910.40
2,005.60
2,106.40 2,210.40
1680 TEACHER-SUBSTITUTE (Part-Time)
23.88 25.07
26.32 -
Effective 7/1/2024
JOB
CODE JOB CLASSIFICATION A B C D E Hrs/Wk
1161 ACCOUNTANT 8,021 8,422 8,843 9,286 9,751 35
1180 ACCOUNTING TECHNICIAN 6,566 6,894 7,239 7,601 7,981 35 1410 ADMINISTRATIVE ANALYST 7,940 8,337 8,755 9,192 9,651 35 1410 ADMINISTRATIVE ANALYST * 9,074 9,528 10,005 10,505 11,030 40 1510 ADMINISTRATIVE ASSISTANT 5,995 6,295 6,611 6,941 7,289 35 1501 ASSISTANT PLANNER 6,950 7,297 7,661 8,045 8,447 35 1322 ASSOCIATE CIVIL ENGINEER 9,749 10,237 10,748 11,285 11,849 35 1500 ASSOCIATE PLANNER 8,768 9,207 9,667 10,151 10,658 35 1535 BUILDING INSPECTOR 8,677 9,110 9,565 10,043 10,544 40 1507 BUILDING PERMIT TECH./PLAN CHECKER 7,203 7,563 7,941 8,338 8,756 35 1453 COMMUNITY & ECONOMIC DEVELOPMENT COORDR I 7,455 7,827 8,219 8,629 9,061 35 1450 COMMUNITY & ECONOMIC DEVELOPMENT COORDR II 9,517 9,992 10,491 11,016 11,566 35 1245 CRIME ANALYST 7,973 8,372 8,791 9,231 9,693 40
1325 ENVIRONMENTAL PROGRAMS ANALYST 7,940 8,337 8,755 9,192 9,651 35 1326 ENVIRONMENTAL PROGRAMS TECHNICIAN 5,856 6,150 6,457 6,780 7,119 35 1655 FAMILY SUBSIDY SPECIALIST 5,530 5,806 6,096 6,400 6,721 40 1695 LEAD TEACHER 5,702 5,988 6,286 6,601 6,930 40
1710 MEAL HANDLER (Part-Time) 19.36 20.33 21.35 22.41 23.53 hourly 1480 OFFICE ASSISTANT I (Part-Time) 25.45 26.72 28.06 29.46 30.93 hourly 1470 OFFICE ASSISTANT I 3,378 3,547 3,723 3,910 4,106 35 1470 OFFICE ASSISTANT I* 3,861 4,053 4,256 4,468 4,692 40 1481 OFFICE ASSISTANT II (Part-Time) 31.92 33.52 35.19 36.95 38.80 hourly 1481 OFFICE ASSISTANT II 4,238 4,449 4,671 4,905 5,149 35 1460 OFFICE ASSISTANT II * 4,842 5,084 5,338 5,605 5,885 40 SEIU Local 1021 MOU 20236-20268
57 1190 PAYROLL TECHNICAN 6,906 7,251 7,613 7,994 8,393 35 1505 PLANNING TECHNICIAN 6,220 6,532 6,859 7,203 7,563 35 1232 POLICE ADMINISTRATIVE SPECIALIST 6,778 7,118 7,473 7,848 8,240 40 1242 POLICE COMMUNICATIONS DISPATCHER 7,764 8,152 8,559 8,989 9,438 40 1234 POLICE EVIDENCE TECHNICIAN 6,843 7,186 7,544 7,923 8,319 40 1241 POLICE RECORDS SPECIALIST 6,517 6,843 7,186 7,544 7,923 40 1240 POLICE SERVICES TECHNICIAN 6,455 6,778 7,118 7,473 7,848 40 1605 PROGRAM COORDINATOR 6,110 6,417 6,738 7,074 7,429 40 1390 PUBLIC WORKS CREW LEADER 7,698 8,083 8,486 8,910 9,357 40 1370 PUBLIC WORKS MAINTENANCE WORKER 6,480 6,805 7,145 7,503 7,878 40 1595 RECREATION ASSISTANT 5,431 5,704 5,987 6,285 6,600 40 1160 SENIOR ACCOUNTANT 9,004 9,456 9,928 10,425 10,946 35 1170 SENIOR ACCOUNTING TECHNICIAN 6,905 7,251 7,613 7,994 8,393 35 1537 SENIOR BUILDING INSPECTOR 10,094 10,600 11,128 11,684 12,269 40 1321 SENIOR CIVIL ENGINEER 11,824 12,415 13,035 13,687 14,370 35 1503 SENIOR PLANNER 9,705 10,189 10,699 11,232 11,793 35 1665 TEACHER 4,467 4,691 4,925 5,172 5,430 40
1690 TEACHER AIDE-SUBSTITUTE (Part-Time) 19.44 20.41 21.43 - - hourly 1685 TEACHER ASSISTANT 3,369 3,537 3,715 3,901 4,096 40 1675 TEACHER ASSOCIATE 3,715 3,901 4,096 4,301 4,516 40 1680 TEACHER-SUBSTITUTE (Part-Time) 21.43 22.50 23.63 - - hourly *Positions assigned to Community Services and Police Department are assigned 40-hour/week schedule.
SEIU Local 1021 MOU 20236-20268
57 SEIU Local 1021 MOU 20236-20268
58 APPENDIX C
BASE MONTHLY SALARY SCHEDULE
Effective first full pay period in July 2025
JOB
CODE JOB CLASSIFICATION A B C D E Hrs/Wk
1161 ACCOUNTANT 8,422 8,843 9,285 9,751 10,238 35
1180 ACCOUNTING TECHNICIAN 6,895 7,239 7,601 7,981 8,380 35 1410 ADMINISTRATIVE ANALYST 8,337 8,754 9,193 9,651 10,134 35 1410 ADMINISTRATIVE ANALYST * 9,528 10,004 10,506 11,031 11,582 40 1510 ADMINISTRATIVE ASSISTANT 6,295 6,610 6,941 7,288 7,653 35 1501 ASSISTANT PLANNER 7,298 7,662 8,044 8,447 8,870 35 1322 ASSOCIATE CIVIL ENGINEER 10,237 10,749 11,286 11,849 12,441 35 1500 ASSOCIATE PLANNER 9,207 9,667 10,150 10,658 11,191 35 1535 BUILDING INSPECTOR 9,111 9,565 10,044 10,545 11,072 40 1507 BUILDING PERMIT TECH./PLAN CHECKER 7,563 7,941 8,338 8,755 9,194 35 1453 COMMUNITY & ECONOMIC DEVELOPMENT COORDR I 7,828 8,218 8,630 9,061 9,515 35 1450 COMMUNITY & ECONOMIC DEVELOPMENT COORDR II 9,993 10,492 11,016 11,567 12,145 35 1245 CRIME ANALYST 8,372 8,791 9,231 9,693 10,178 40
1325 ENVIRONMENTAL PROGRAMS ANALYST 8,337 8,754 9,193 9,651 10,134 35 1326 ENVIRONMENTAL PROGRAMS TECHNICIAN 6,149 6,457 6,780 7,119 7,475 35 1655 FAMILY SUBSIDY SPECIALIST 5,807 6,096 6,401 6,720 7,057 40 1695 LEAD TEACHER 5,987 6,287 6,601 6,931 7,277 40
1710 MEAL HANDLER (Part-Time) 20.33 21.35 22.41 23.53 24.71 hourly 1480 OFFICE ASSISTANT I (Part-Time) 26.72 28.06 29.46 30.93 32.48 hourly 1470 OFFICE ASSISTANT I 3,547 3,724 3,909 4,106 4,311 35 1470 OFFICE ASSISTANT I* 4,054 4,255 4,468 4,692 4,927 40 1481 OFFICE ASSISTANT II (Part-Time) 33.52 35.19 36.95 38.80 40.74 hourly 1481 OFFICE ASSISTANT II 4,450 4,671 4,905 5,150 5,407 35 1460 OFFICE ASSISTANT II * 5,084 5,338 5,605 5,885 6,179 40 1190 PAYROLL TECHNICAN 7,251 7,614 7,993 8,394 8,813 35 1505 PLANNING TECHNICIAN 6,531 6,859 7,202 7,563 7,941 35 1232 POLICE ADMINISTRATIVE SPECIALIST 7,117 7,474 7,846 8,240 8,652 40 1242 POLICE COMMUNICATIONS DISPATCHER 8,152 8,559 8,987 9,438 9,910 40 1234 POLICE EVIDENCE TECHNICIAN 7,185 7,545 7,921 8,319 8,735 40 1241 POLICE RECORDS SPECIALIST 6,843 7,185 7,545 7,921 8,319 40 1240 POLICE SERVICES TECHNICIAN 6,778 7,117 7,474 7,846 8,240 40 1605 PROGRAM COORDINATOR 6,415 6,738 7,075 7,428 7,801 40 1390 PUBLIC WORKS CREW LEADER 8,083 8,487 8,910 9,356 9,825 40 1370 PUBLIC WORKS MAINTENANCE WORKER 6,804 7,145 7,502 7,878 8,271 40 1595 RECREATION ASSISTANT 5,702 5,989 6,286 6,600 6,930 40 1160 SENIOR ACCOUNTANT 9,454 9,929 10,424 10,947 11,493 35 1170 SENIOR ACCOUNTING TECHNICIAN 7,250 7,614 7,993 8,394 8,813 35 1537 SENIOR BUILDING INSPECTOR 10,599 11,130 11,685 12,268 12,882 40 1321 SENIOR CIVIL ENGINEER 12,416 13,036 13,687 14,371 15,089 35 1503 SENIOR PLANNER 10,191 10,699 11,234 11,794 12,383 35 1665 TEACHER 4,691 4,926 5,171 5,430 5,701 40
1690 TEACHER AIDE-SUBSTITUTE (Part-Time) 20.41 21.43 22.50 - - hourly 1685 TEACHER ASSISTANT 3,538 3,714 3,901 4,096 4,301 40 1675 TEACHER ASSOCIATE 3,901 4,096 4,301 4,516 4,742 40 1680 TEACHER-SUBSTITUTE (Part-Time) 22.50 23.63 24.81 - - hourly *Positions assigned to Community Services and Police Department are assigned 40-hour/week schedule.
SEIU Local 1021 MOU 20236-20268
58 Emeryville/MESA and SEIU Local 1021 MOU 2023-2026
Emeryville MESA-SEIU, 20236-
20268 Side Letter of Agreement 59
For SEIU:
Ossee Desmangles, Chief Negotiator
_______________
06/12/2024
Gregory Ramirez, Chief Negotiator
Side Letter to the Memorandum of Understanding
Between the
Management of Emeryville Services Authority and the City of Emeryville and
Service Employees International Union (SEIU)
BILINGUAL PAY JOINT TEAM MEETING
This Side Letter is by and between the Management of Emeryville Services Authority and the City of Emeryville (“City”) and the Service Employees International Union (“SEIU”) and will become effective following the agreement by SEIU and adoption by the City.
The Parties are the signatories to a Memorandum of Understanding (hereinafter referred to as the “MOU”) setting forth terms and conditions of employment for certain City employees within the Service Employees International Union, Local 1021 bargaining unit.
The Parties agree to establish a Joint Team Committee within thirty (30) days of contract approval. The Joint Team Committee shall consist of no more than two representatives each for the purposes of researching compensation models for employees with multi-lingual skills that the City determines necessary for service delivery to the Public. Said committee shall meet regularly to draft a proposal to be reviewed and considered by the City within one year of contract approval.
For the City:
06/12/2024 07/26/2024
Lilybell Nakamura, Human Resources Director Navarre Oaks, Interim President Negotiating Team Member Negotiating Team Member
06/12/2024
Pedro Jimenez, Assistant City Manager Michael Roberts
07/26/2024
Negotiating Team Member Negotiating Team Member
07/29/2024
Jamie Lee
Negotiating Team Member
Emeryville/MESA and SEIU Local 1021 MOU 2023-2026
Emeryville MESA-SEIU, 20236-
20268 Side Letter of Agreement 60
Emeryville/MESA and SEIU Local 1021 MOU 2023-2026
Emeryville MESA-SEIU, 20236-
20268 Side Letter of Agreement 60
For SEIU:
________________________________
Ossee Desmangles, Chief Negotiator
Side Letter to the Memorandum of Understanding
Between the
Management of Emeryville Services Authority and the City of Emeryville and
Service Employees International Union (SEIU)
REMOTE WORK POLICY
This Side Letter is by and between the Management of Emeryville Services Authority and the City of Emeryville (“City”) and the Service Employees International Union (“SEIU”) and will become effective following the agreement by SEIU and adoption by the City.
The City is seeking to adopt a remote work policy to provide the opportunity for its employees to work remotely and will meet and confer with SEIU prior to adopting a remote work policy. The City will keep the Administrative Instruction 1136 Emergency Teleworking Policy in effect until the remote work policy referenced herein is implemented, no later than June 30, 2024, whichever is soonest.
For the City:
06/12/2024 07/26/2024
Lilybell Nakamura, Human Resources Director Navarre Oaks, Interim President Negotiating Team Member Negotiating Team Member
06/12/2024
Pedro Jimenez, Assistant City Manager Michael Roberts
07/26/2024
Negotiating Team Member Negotiating Team Member
07/29/2024
Jamie Lee
Negotiating Team Member
06/12/2024
Gregory Ramirez, Chief Negotiator
Emeryville/MESA and SEIU Local 1021 MOU 2023-2026
Emeryville MESA-SEIU, 20236-
20268 Side Letter of Agreement 61
Emeryville/MESA and SEIU Local 1021 MOU 2023-2026
Emeryville MESA-SEIU, 20236-
20268 Side Letter of Agreement 61
For SEIU:
________________________________
Ossee Desmangles, Chief Negotiator
Side Letter to the Memorandum of Understanding
Between the
Management of Emeryville Services Authority and the City of Emeryville and
Service Employees International Union (SEIU)
POLICE DEPARTMENT OPERATIONS
This Side Letter is by and between the Management of Emeryville Services Authority and the City of Emeryville (“City”) and the Service Employees International Union (“SEIU”) and will become effective following the agreement by SEIU and adoption by the City.
The Parties are the signatories to a Memorandum of Understanding (hereinafter referred to as the “MOU”) setting forth terms and conditions of employment for certain City employees within the Service Employees International Union, Local 1021 bargaining unit.
The Parties agree to establish a labor management committee within 30 (thirty) days of contract approval.
The labor management committee shall consist of no more than three representatives each for the purposes of reviewing and addressing but are not limited to Emergency Services Dispatch Center procedures and Police Department Procedures. Said committee will meet monthly and work collaboratively to address procedural issues that shall include but are not limited to work schedules, overtime, minimum overtime guarantee in an effort to provide clarity and improve operational efficiency. 07/26/2024
Lilybell Nakamura, Human Resources Director Navarre Oaks, Interim President Negotiating Team Member Negotiating Team Member
06/12/2024
Pedro Jimenez, Assistant City Manager Michael Roberts
07/26/2024
Negotiating Team Member Negotiating Team Member
07/29/2024
Jamie Lee
Negotiating Team Member
For the City:
06/12/2024
Gregory Ramirez, Chief Negotiator
06/12/2024
Emeryville/MESA and SEIU Local 1021 MOU 2023-2026
Emeryville MESA-SEIU, 20236-
20268 Side Letter of Agreement 62
Side Letter to the Memorandum of Understanding
Between the
City of Emeryville
and
Ser vice Employees International Union (SEIU)
This Side Letter is by and between the City of Emeryville (“City”) and the Service Employees International Union (“SEIU”) and will become effective following the agreement by SEIU and adoption by the City.
The Parties agree to establish Joint Team Committees within one hundred and eighty (180) days of the adoption of the 2026 Memorandum of Understanding (MOU) by the City Council. The Joint Team Committees shall consist of no more than two representatives each to meet to discuss and explore the following topics:
• Bilingual Pay
• Commuter Benefit
• Vacation Sellback
• Tuition Reimbursement
Emeryville/MESA and SEIU Local 1021 MOU 2023-2026
Emeryville MESA-SEIU, 20236-
20268 Side Letter of Agreement 63
Side Letter to the Memorandum of Understanding
Between the
City of Emeryville
and
Service Employees International Union (SEIU)
This Side Letter is by and between the City of Emeryville (“City”) and the Service Employees International Union (“SEIU”) and will become effective following the agreement by SEIU and adoption by the City.
The Parties agree to meet and discuss the establishment of a Police Communications Dispatch Trainee classification within one hundred and eighty (180) days of the adoption of the 2026 Memorandum of Understanding (MOU) by the City Council.
MEMORANDUM OF UNDERSTANDING
BETWEEN
THE CITY OF EMERYVILLE
AND
SERVICE EMPLOYEES’ INTERNATIONAL UNION
(SEIU) LOCAL 1021
July 1, 2026, through June 30, 2028
Table of Contents
Section 1 - General Provisions........................................................................................................................1 Section 2 - Direct Pay for Services.................................................................................................................4 Section 3 - Hours and Overtime .....................................................................................................................4 Section 4 - Leaves ..........................................................................................................................................8 Section 5 - Contracting Out..........................................................................................................................14 Section 6 - Employee Rights ........................................................................................................................14 Section 7 - Employee Evaluation Procedures...............................................................................................15 Section 8 - Posting and Filling of Temporary Vacancies .............................................................................17 Section 9 - Health and Safety .......................................................................................................................18 Section 10 - Grievance Procedure ................................................................................................................19 Section 11 - Non-Harassment and Retaliation..............................................................................................22 Section 12 - Layoffs & Resignations............................................................................................................22 Section 13 - Miscellaneous...........................................................................................................................26 Section 14 - Health and Welfare...................................................................................................................27 Section 15 - Salary........................................................................................................................................32 Section 16 - Uniform Allowance.................................................................................................................32 Section 17 - Holidays ..................................................................................................................................33 Section 18 - Child Safety and Protection......................................................................................................34 Section 19 - Employee Assistance Program.................................................................................................36 Section 20 - Concerted Activities .................................................................................................................36 Section 21 - Management Rights and Responsibilities.................................................................................36 Section 22 - Direct Deposit...........................................................................................................................37 Section 23 - Severability of Provisions.........................................................................................................37 Section 24 - Duration....................................................................................................................................38 APPENDIX A - Salary Schedule Effective July 12, 2026............................................................................39 APPENDIX B - Salary Schedule Effective First Full Pay Period in July 2027 ............................................40 SIDE LETTER - Bilingual Pay, Commuter Benefit, Vacation Sellback, Tuition Reim Joint Meeting.......41 SIDE LETTER - Police Communications Dispatch Trainee .......................................................................42
SEIU Local 1021 MOU 2026-2028
1 PREAMBLE - We, the undersigned, duly appointed representatives of the City of Emeryville (Employer) a political subdivision of the State of California, hereinafter referred to as "City", and Service Employees International Union, Local 1021, a recognized employee organization, hereinafter referred to as "Union", having met and negotiated in good faith, under the authority of the Meyers-Milias Brown Act, do hereby jointly prepare the following written Memorandum of Understanding.
It is therefore agreed as follows:
Section 1 - General Provisions
1.1 Recognition
The Union is formally acknowledged as the Recognized Employee Organization representing the employees occupying those positions set forth in Salaries and Classification, Appendix A, attached to and hereby made a part of this Memorandum of Understanding, as well as any new classifications which may be assigned to this representation unit by the City Manager. Changes, modifications, additions and/or deletions to the representation unit shall only be made pursuant to the provisions of the Employer-Employee Organization Relations Resolutions of the City.
Appeals from a determination of the Employee Relations Officer may be processed pursuant to Section 10. Grievance Procedure of this Memorandum of Understanding in lieu of the Appeal Procedure set forth in the Employer-Employee Relations Resolution.
1.2 Discrimination Prohibited
The City and Union agree that they shall not discriminate, as defined by law, in any way on account of race, creed, religion, sex, sexual orientation, national origin, political affiliation, disability, or age. The City agrees that there shall be no discrimination, interference, restraint, or coercion by the City or any of its agents or employees, on behalf of or against any of its employees because of membership in the Union.
1.3 Union Security
Union Access to New Employee Orientation (AB119)
SEIU Local 1021 shall have access to New Employee Orientation (NEO) sessions, consistent with AB 119. The City shall recognize the designated field representatives as the points of contact for NEO related matters. The Union shall be responsible for updating the City of any changes to the points of contact. In accordance with the provision of AB119, City shall do the following:
Provide the Union’s designated representatives with a scheduled NEO date not less than 10 days in advance of an orientation, except that a shorter notice may be provided in a specific instance where there is an urgent need critical to the City’s operations that was not reasonably foreseeable.
A. Provide the Union a list of new employees, who are represented by their SEIU Local 1021 MOU 2026-2028
1 SEIU Local 1021 MOU 2026-2028
2 respective bargaining unit and are scheduled to attend the upcoming NEO session.
The list, which shall include each new employee’s name, classification, location, division, and supervisor, shall be provided no later than the Monday before the scheduled NEO date. A shorter notice may be provided under mitigating circumstances, in which case City will provide the information as soon as possible prior to the NEO date.
B. Within 30 days of the date of hire of each new employee in a classification represented by the Union, the City will provide, via email to a duly authorized Union official, the employee’s name, job title, department, work location, work, home and personal cell phone number, home address, work, and personal email address on file with the City. If the City does not have the home or personal cell phone number or the personal email address on file, this information shall not be provided.
C. The Union shall be permitted to meet separately with newly hired employees represented by their bargaining unit and make a presentation of up to 30 minutes at the conclusion of each NEO. The City will provide a space for the Union representative to meet with the new employees during this timeframe. Under no circumstances shall the Union presentation exceed thirty (30) minutes.
D. If for any reason the Union will not be present for a scheduled NEO presentation, the Union shall notify the City at least 10 working days prior to the session.
E. The City and the Union agree to handle payroll deductions for Union-represented employees in accord with Government Code section 1157.12.
F. The City shall provide, via electronic format, a list of all existing bargaining unit members on record every 120 days. The list shall be provided to the Union membership department by the last Friday of the month in April, August and December of each year, respectively. The list shall include the following information to the extent it is in the City’s possession:
1. Name
2. Classification
3. Department
4. Union Code Description
5. Work Address
6. Work, Home and Personal Cellular Telephone Numbers
7. Work and Personal Email Addresses
8. Home Address
If the City does not have the home and personal cell phone number, or the personal email address on file, this information shall not be provided.
G. Union designee, who is limited to Union Representatives, Union Board Members, Chapter Presidents, and Shop Stewards, shall conduct the presentations covered under this agreement. In the event none of the listed designees are available for a scheduled NEO, a member may be granted release time to be present. Only one SEIU Local 1021 MOU 2026-2028
2 SEIU Local 1021 MOU 2026-2028
3 employee will be granted release time to be present at each NEO. Release time request must be made by the Union no later than 12:00 p.m. three (3) business days before the scheduled NEO.
The parties will agree to allow an employee Union member designee to be granted release time, including reasonable time for travel, to present at the NEO.
1.4 Bulletin Board Space
The City shall provide reasonable space on bulletin boards for official Union notices at each central work area.
1.5 Meeting Space
The City shall reasonably make available conference rooms and other meeting areas for the purpose of holding Union meetings during off-duty time periods subject to space and security considerations. The Union shall provide timely advance notice of such meetings.
1.6 Union Access to Work Locations
Union officers and representatives shall be granted reasonable access to employee work locations to contact members concerning business within the scope of representation. Union representatives shall reasonably notify the employee's department head or supervisor of their presence and exercise care not to interfere with the performance of duties assigned to the employee. Union members may use the City electronic mail system limited to minimal and incidental use related to notification of meetings.
1.7 Distribution of Information
A. Union representatives shall be allowed a reasonable amount of time, not to exceed one (1) hour, to orient the new employee regarding the Union. Release time for such orientation must be approved by an employee’s immediate supervisor.
B. Union representatives shall be notified within thirty (30) days of any hiring date or separating date of an employee subject to this Agreement, their department, classification and, if known at the time to the Human Resources Department, the new employee’s immediate supervisor.
1.8 Add/Delete of Budgeted Positions
The City shall notify the Union of any proposed additions or deletions to all budgeted positions prior to approval by City Council. Such notification is for information purposes only and shall not create an obligation for the City to meet and confer over the notification or the substance of the notification.
1.9 Memorandum Agreement Orientation
The City and the Union shall conduct orientation sessions on the MOU for members and Management within three months of signing the Agreement. Additional sessions for stewards and supervisors may also be provided.
SEIU Local 1021 MOU 2026-2028
3 SEIU Local 1021 MOU 2026-2028
4 Section 2 - Direct Pay for Services
2.1 Initial Salary
The initial salary of an employee of the City shall be the salary attached to the lowest rate of the salary schedule established for the classification to which the employee is appointed; provided, however, that the appointing authority may appoint a new employee at any step in the applicable salary schedule for the classification involved if there has been unusual difficulty in recruiting competent employees at the lowest rate of said salary schedule or the higher rate is commensurate with the education and experience of the appointee.
2.2 Minimum Salary Increase When Promoted
Whenever an employee is promoted to a position in a classification with a higher salary range maximum, the employee shall receive the step in the new range that is higher than the current pay, provided the new step placement represents at least a 5% increase over the employee’s then-current base pay. The appointing authority, with discretion and for good cause, may provide compensation at any step in the applicable salary schedule for the classification involved if the employee has demonstrated outstanding achievement in public service.
2.3 Salary Steps
Advancement within the salary range specified for an employee's classification shall be on the basis of one year's satisfactory service, as evidenced by a performance evaluation, and shall be effective on the first anniversary date of appointment to such classification. An employee who has demonstrated outstanding achievement in the public service may receive a step increase at a shorter interval than set forth above.
Section 3 - Hours and Overtime
3.1 Work Week
The normal schedule of work hours is as follows:
Employee Work Schedule Overtime
1) Eight (8) hours per day Hours in excess of forty (40) hours five (5) days per week per week or eight (8) hours per day. 2) Seven (7) hours per day, Over thirty-five (35) hours per five (5) days per week. week or seven (7) hours per day. 3) Eight (8) hours per day, Over 171 hours in 28-day work five (5) day per week, period.
28 days per work period.
4) A flex time schedule Over the prescribed hours
approved by the week/day.
City Manager in writing.
SEIU Local 1021 MOU 2026-2028
4 SEIU Local 1021 MOU 2026-2028
5 The City may allow interested employees the option of establishing flexible schedules if recommended by the Department Head and approved City Manager. Flexible schedules shall include but not be limited to job sharing, four (4) day workweeks, flexible starting times.
3.2 Overtime Work
All work performed in excess of, an employee's normal workday or in excess of an employee's normal workweek shall be considered overtime work. Overtime work may be required of any employee in order to meet special or unusual needs of service beneficial to the City and community. Time spent in any of the leaves listed in Section 4 – Leave of Absence will not count as time worked toward determining an employee’s entitlement to overtime compensation.
Arrangements of overtime work shall rest solely with the Department Head or the designated representative. The City may require employees to work more than their regularly scheduled workday or workweek.
3.3 Compensation for Overtime Work
Employees performing compensable overtime work shall be paid at the rate of time and one-half (1-1/2) of the employee's straight-time hourly rate of pay. Any overtime work performed in excess of four (4) hours of overtime in a day or on the seventh (7th) consecutive day of work in a seven (7) day period shall be paid at double (2x) the regular rate of pay.
An employee, with their supervisor's approval, may elect to receive compensatory time off in lieu of overtime pay. If an employee elects to receive compensatory time in lieu of overtime pay, such request will not be unreasonably denied; provided, however, no employee shall be permitted to accumulate more than 120 hours of compensatory time at any time.
Accrued compensatory time may be used, with supervisory approval, when requested by the employee provided twenty-four (24) hours advance notice is given by the employee involved.
3.4 Assignment of Overtime
The City will provide at least twelve (12) hours advance notice of available overtime work whenever possible.
Overtime will be assigned on a rotational basis among qualified employees who perform the same type of work during the normal workday.
Each department shall permit inspection of its overtime records by the Union.
3.5 Minimum Overtime Guarantee
An employee eligible to receive payment for overtime who is called back to work on a day off, or who is called back to work after their regular working day has been completed and has left the employment site, shall be paid a minimum of three (3) hours at time and one-half of the employee's regular hourly rate of pay. An employee who is required to make a job-related court appearance on a scheduled day off shall be compensated for a minimum of four (4) hours at the overtime rate.
SEIU Local 1021 MOU 2026-2028
5 SEIU Local 1021 MOU 2026-2028
6 3.6 Acting Pay
Employees may be assigned to perform the duties of a higher classification on an "acting" basis when a vacancy exists in such higher paid classification for a period in excess of one (1) working day.
An "acting" assignment shall only be made by a Department Head and employees shall be provided with a written notice assigning them to the higher classification on an acting basis.
Employees assigned by the Department Head to perform the duties of a higher classification on an "acting" basis, shall receive "acting" pay for each full day of assignment in such higher classification. Acting pay shall be at the first step of the classification in which the employee is acting, which shall result in at least a five percent (5%) increase.
In the event an employee works continuously for the applicable hourly equivalent of one (1) year that is either one thousand eight hundred-twenty (1,820) hours for those on a thirty-five (35) hour per week schedule or two thousand eighty (2,080) hours for those on a forty (40) hour per week schedule, in the higher classification, the employee will be promoted to that classification. Such promoted employee shall be subject to the regular promotion probation requirements of the City.
3.7 Meal Periods and Rest Periods
Employees, except dispatchers (see Section 3.8), shall be assigned to a one-half (1/2) hour or a one (1) hour unpaid meal period each day within a two (2) hour period at the midpoint of each shift, and a fifteen (15) minute paid rest period during the first half of the work shift, and another fifteen (15) minute paid rest period during the second half of the work shift. Work break periods may not be used for time off at the beginning or end of an employee’s shift.
3.8 Dispatchers Rest Periods
Dispatchers will be eligible to suspend their duties for a paid lunch period of thirty (30) minutes subject to the direction of the Police Services Manager or the Watch Sergeant (in their absence). In the event of an interrupted lunch break, and if staffing permits, the Dispatcher affected may resume their lunch break.
A. No lunch period will be scheduled at the beginning or end of a tour of duty except in special situations and then only with permission of the Police Services Manager or the Watch Sergeant (in their absence).
B. No lunch period will be granted to Dispatchers working less than five (5) hours.
C. Lunch periods shall be subject to the supervision and direction of the Police Services Manager or the Watch Sergeant (in their absence) and shall be scheduled so as to provide uninterrupted service to the public.
D. Dispatchers shall be assigned a fifteen (15) minute paid rest period during the first half of the work shift, and another fifteen (15) minute paid rest period during the second half of the work shift. Work break periods shall not be taken during priority one calls for service or in instances where another Dispatcher is not available to cover; in such instances the employee shall have no remediation.
Work break periods may not be used for time off at the beginning or end of an SEIU Local 1021 MOU 2026-2028
7 employee’s shift.
3.9 Stand-by Pay
A. The City may assign Crew Leaders and Maintenance Workers to mandatory stand-by status in one week increments on a rotating basis in the order of least to most senior. Maintenance Workers are required to have at least one (1) year of experience in the classification and be deemed by management to be qualified for stand-by assignments. If an employee is absent from work during their turn in the rotation for assigned standby status, the Public Works Supervisor may assign any Maintenance Worker or Crew Leader to assume the stand-by responsibility during the absence. In making such assignment to cover absences, the Public Works Supervisor will make reasonable efforts to solicit a volunteer to cover the absence or holiday period rotation. If there is no volunteer, the Public Works Supervisor shall distribute the assignments so as to avoid giving any non-volunteering employee an excessive share of such assignments.
B. The normal standby week rotation will be Monday through Sunday, inclusive.
The Public Works Supervisor may deviate from this rotation pattern and staffing levels or may assign in an emergency (e.g., storm conditions) without notice or with thirty (30) days advance written notice if, in their judgment, such deviation would best serve the City’s operational needs.
C. While on stand-by status, the affected employee will be assigned a City truck for the stand-by week and shall carry a City-provided pager, cell phone or other such communication device at all times.
D. A Maintenance Worker assigned to the rotation who is required to report to work from standby status will be compensated for time worked at the third step of the Crew Leader wage range at the appropriate overtime rate if applicable.
E. Employees shall refrain from using alcohol or non-prescribed controlled substances while on stand-by status and remain able to report to work within one (1) hour, if called to report for duty. If the employee’s residence is more than one (1) hour away from their normal City report location, the City will extend this one (1) hour period by a reasonable period as determined by the City to accommodate the additional necessary travel time. An employee on stand-by status may otherwise freely use such time for their personal activities. When the employee reports to work, stand-by status ends and the City shall thereafter compensate the employee at their base hourly rate or, if applicable, the overtime rate of one and one-half (1½) times their regular rate of pay, for all hours worked after such call until the employee is authorized to terminate the work for which they were called to report, except for the hours between 11 p.m. and 7a.m. when they will be paid double (2 times) their regular rate of pay for the hours worked. For each hour period spent on stand-by status the employee shall receive six dollars ($6.00).
Time in stand-by status is not time worked for pay purposes.
F. In the event there is an unexpected absence on a weekend or holiday, the employee assigned to work standby may be required to report to work, depending on operation and service needs.
G. At any time during the term of this agreement, either party may request to discuss SEIU Local 1021 MOU 2026-2028
7 SEIU Local 1021 MOU 2026-2028
8 possible modifications of the stand-by procedure to mitigate negative effects for employees or operations. The parties may amend the procedure by mutual written agreement of the Union and the City Manager.
3.10 Shift Differential
For represented employees in the Police Department, the City shall pay a shift differential of five percent (5%) of the employee’s base wage for all hours actually worked between the hours of 1800 (6:00 p.m.) and 0600 (6:00 a.m.).
Section 4 – Leaves
4.1 Status Report of Accrued Leaves
The City agrees to regularly provide an official record of the current accrued leave on each employee's paycheck stub. Verification of an employee's official accrued leave record will be provided upon receipt of a reasonable request for such verification by the City.
4.2 Vacation
A. Accrual
An employee shall accrue vacation leave from the date of the employee's regular appointment by the City, each month at the rates enumerated below up to the accumulation maximum. For the purpose of determining the amount of vacation entitlement, an employment year is defined as the period of one year from the anniversary date of such appointment by the City.
Employees hired prior to July 1, 1999:
From date of appointment to regular employment through the completion of ten (10) years of service: Fifteen (15) days of vacation per year, (1-1/4 days/month); beginning with the commencement of the eleventh year of service - twenty (20) days’ vacation per year (1-2/3 days/month); beginning with the commencement of the twenty-first year of service - twenty-five (25) days’ vacation per year (2.08 days/month).
Employees hired beginning July 1, 1999: 0 – 4 years of service, 10 days’ vacation per year (.83 days/month); 5 - 10 years of service, 15 days’ vacation per year (1.25 days/month); 11 - 20 years of service, 20 days’ vacation per year (1.66 days/month); 21 plus years of service, 25 days’ vacation per year (2.08 days/month).
B. Minimum Usage
An employee may take vacation leave in increments of not less than one-half (1/2) day.
C. Interruption of Leave
In the event that a holiday occurs during a period of authorized vacation leave, the workday which is the holiday shall be charged as a holiday and not as a day of vacation. In the event that an employee needs to use sick leave during that employee's scheduled vacation, the full workdays on which such illness occurs shall not be charged to vacation leave, provided that a doctor's certificate or report of treatment is submitted and approved. Vacation leave not used due to the use of SEIU Local 1021 MOU 2026-2028
8 SEIU Local 1021 MOU 2026-2028
9 sick leave in an authorized vacation period shall be rescheduled for use at a later date, in accordance with established procedure.
D. General
1. If it becomes necessary to call an employee back to work from a scheduled vacation, the employee shall be credited with the unused vacation hours and shall have the opportunity to take such remaining vacation leave at a time of the employee's choosing with the Department Head's approval. The employee’s travel costs incurred for changing travel plans and returning to work shall be reimbursed except in instances of a declared City, State or National emergency.
2. If an employee leaves the City's employment and has unused vacation time, compensation shall be given at the hourly rate times the hours of unused vacation.
3. An employee may elect to take all or part of the earned vacation or may carry over to the next service year all or part of earned vacation. No employee will be allowed to maintain a balance of unused vacation leave in excess of twice their yearly allowance for the forthcoming year. It shall be the responsibility of each employee to ensure the full use of vacation leave credits received by scheduling the necessary time off each year. An employee who reaches the accumulation maximum will cease to accrue further vacation until their balance drops below the maximum.
E. Part-Time Employees
All Permanent part-time employees shall receive vacation and sick leave computed at 50% of the accrual provided to full-time employees. Any permanent part-time employee working above the 50% threshold shall accrue prorated vacation and sick leave hours based on the full-time equivalent status of the position held. For example, an employee in a budgeted 75% full-time equivalent position would be eligible to accrue vacation and sick leave at 75% of a full-time employee’s accrual level with the same years of service.
F. Vacation Requests
Requests by a represented employee for vacation leave shall be subject to management approval. The department head or designee shall respond to vacation requests in a timely manner and no later than seven (7) working days from the date the request is submitted. Management will consider the time sensitivity of the request, operational needs and staffing considerations in an effort to provide a timely response. The City shall consider City seniority as a factor in resolving conflicting requests for vacation leave.
4.3 Sick Leave Accrual
Sick leave shall be accrued monthly for all eligible full-time employees at the rate of one and one quarter (1-1/4) days per month.
Employees may be granted sick leave in increments of no less than one-half (1/2) hour.
4.4 Family Sick Leave
A. Definition of Immediate Family. Immediate family is defined as employee's parents (parents-in-law, step-parents, legal guardians), spouse/ domestic partner, children (biological, adopted, foster, step, legal wards, or children of domestic partner) siblings (step, half), grandparents, grandchildren, and SEIU Local 1021 MOU 2026-2028
10 designated (chosen) persons as follows:
1. One (1) designated (chosen) person per rolling, 12-month period; and
2. Up to five (5) designated (chosen) persons per fiscal year.
Upon request for family sick leave for a designated (chosen) person, employees must specify the person for whom they are using the benefit B. Entitlement. An employee may use accrued sick leave for illness in the immediate family. At the City’s request, the employee will provide satisfactory evidence of the facts justifying such absence.
4.5 Payment for Unused Sick Leave
A. Employees hired before January 1, 2014, who voluntarily resign or retire, for service or disability, from the City and provide at least two (2) weeks' notice of intent (as provided in Section 12.3) shall have the option of having their unused sick leave balance paid out. Payment of unused sick leave is limited to a maximum of nine hundred sixty (960) hours for employees assigned to a 40-hour workweek or eight hundred forty (840) hours for employees assigned to a 35- hour workweek.
The payment shall be calculated by multiplying the employee's eligible unused sick leave hours by 60% of the employee's hourly base rate of pay at the time of separation.
B. Employees hired on or after January 1, 2014, who have completed at least ten (10) years of continuous service and voluntarily resign or retire, for service or disability, from the City and provide at least two (2) weeks' notice of intent (as provided in Section 12.3) shall have the option of having their unused sick leave balance paid out. Payment of unused sick leave is limited to a maximum of nine hundred sixty (960) hours for employees assigned to a 40-hour workweek or eight hundred forty (840) hours for employees assigned to a 35-hour workweek.
The payment shall be calculated by multiplying the employee's eligible unused sick leave hours by 30% of the employee's hourly base rate of pay at the time of separation.
C. Any unused sick leave balance above the maximum hours will be reported to CalPERS for service credit consideration.
D. Employees who choose to opt out of payment for unused sick leave will have all of their unused sick leave hours reported to CalPERS for service credit consideration.
4.6 Serious Illness/Injury
An employee who suffers a non-job-related illness or injury may be required to undergo a medical examination to determine fitness for employment prior to return to work. The necessity for such medical examinations shall be determined by the Human Resources Director on an individual basis. Such medical examinations shall be conducted by a physician selected by the City. The City shall be responsible for the cost of such examinations.
SEIU Local 1021 MOU 2026-2028
11 4.7 Catastrophic Injury/Illness Time Bank
Upon approval of the City Manager or their designated representative, use of Catastrophic Leave from the City’ Catastrophic Leave Bank may be available for the benefit of a non-probationary City employee suffering from a catastrophic illness or injury either to their self, their spouse, domestic partner, parent, or dependent child.
Employees may donate earned vacation, compensatory time and/or sick time on a voluntary basis to another City employee. The donation and the use of Catastrophic Leave shall be subject to the conditions listed below.
A. The employee requesting Catastrophic Leave must have exhausted all other leave balances available to the employee including earned vacation, earned sick leave and accrued compensatory time before qualifying for catastrophic leave. The employee shall specify in their application the number of leave hours they are requesting. If those are exhausted, the employee may file a new application for a specified number of additional hours.
B. Catastrophic Leave may only be used for a qualifying “medical emergency” as provided under applicable federal and state law. As described in U.S. I.R.S.
Revenue Ruling 90-29 (1990-1 C.B. 11, 1990 I.R.B. 5) a “medical emergency” is defined as a medical condition of the employee or a family member of the employee that will require the prolonged absence of the employee from duty and will result in a substantial loss of income to the employee because the employee will have exhausted all paid leave. A family member of the employee includes a spouse, domestic partner, parent, or dependent child. State and federal income tax on the value of leave donated shall be deducted from the receiving employee's pay at the time of payment to the employee.
C. The donation of leave hours shall not be reversible. In the event all hours donated are not used for catastrophic illness or injury, the balance will remain in the Catastrophic Leave Bank for subsequent use by eligible City employees with a qualifying catastrophic emergency.
D. All hours donated to a recipient shall be treated as sick leave and subject to the provisions in this Memorandum of Understanding regarding the use and payment of same.
E. Donated leave time shall be changed to its cash value and then credited to the City’s Catastrophic Leave Bank. Funds in the Bank will then be available to an eligible recipient in equivalent hours at the recipient's straight time hourly rate of pay.
F. Donating employees may not reduce their balance of earned vacation below eighty (80) hours by reason of such donations.
G. Donating employees may not reduce their balance of earned sick below one hundred and twenty (120) hours by reason of such donations.
4.8 Bereavement Leave
In the event of a death in the immediate family, employees shall be granted upon request, paid bereavement leave, not to exceed five (5) regularly scheduled workdays. This provision does not apply if the death occurs while the employee is SEIU Local 1021 MOU 2026-2028
12 on unpaid leave of absence or layoff.
For the purposes of this section the immediate family shall include employee's parents (parents-in-law, step-parents, legal guardians), spouse/ domestic partner, children (biological, adopted, foster, step, legal wards, or children of domestic partner) siblings (step, half), grandparents, grandchildren, and designated (chosen) persons as follows:
One (1) designated (chosen) person per rolling, 12-month period; and Five (5) designated (chosen) persons per fiscal year.
Upon request for bereavement leave for a designated (chosen) person, employees must specify the person for whom they are using the benefit.
At the request of the City, the employee shall furnish a death certificate and proof of relationship. Employees must have worked for the employer for at least 30 days prior to the leave. Leave must be completed within three months after the death for whom the leave is being taken.
4.9 Workers’ Compensation
For employee injury or disability falling within the provisions of the State Workers' Compensation Disability Act, disability compensation at the rate allowed under said Act shall be the basic remuneration during the employees' period of disability. In the case of full-time and part-time employees other than temporary and provisional employees, additional compensation equal to the difference between said employees' regular pay and the disability compensation allowance shall be granted for a period not to exceed forty-five (45) calendar days for any one period of incapacity.
The number of hours each day for which a part-time employee is compensated pursuant to the provisions of this Section shall be equivalent to the average daily number of hours worked by the employee during the fifty-two (52) week period or entire period of employment whichever is less immediately preceding their absence because of industrial disability.
Payment under this provision shall be integrated with any benefit which said employee may receive under the Labor Code of the State of California awarded as the result of the same injury. If, after the period of entitlement, the employee is still disabled, the employee may supplement any benefits paid under the Labor Code with accumulated sick leave and vacation to the extent necessary to make up the difference between the amount of said award and the normal weekly base pay for each week of continuing disability.
The City reserves the right to determine medical fitness for employment prior to the employee being returned to work. Such evaluations shall include a determination that the employee may safely return to work without the likelihood of further injury or illness to the employee. All such evaluations and determinations shall be consistent with workers' compensation law.
If an employee engages in alternate employment during the period of temporary disability the City shall receive a credit against workers' compensation payments made to the employee during said period of temporary disability.
4.10 Jury Duty Leave
SEIU Local 1021 MOU 2026-2028
13 Employees who have been summoned for and/or selected to serve on a jury shall receive their regular rate of compensation during such absence from work; provided that any jury fees received by an employee shall be remitted to the City.
Employees with nonstandard hours who have been selected to serve jury duty on their regularly scheduled workday should be compensated for their regular rate of pay and not be required to work their hours served on jury duty for that day/shift.
4.11 Subpoenaed Court Appearance Leave
Leave of absence shall be granted to an employee who has been served a subpoena to appear in a court case related to their employment with the City. The length of the leave granted shall be for the number of days in attendance in court as certified by the clerk or other authorized officer of the court. The employee shall receive full pay during the leave period provided that the witness fee for such leave is assigned to and the subpoena and court certification is filed with the City. The witness fee assigned to the City does not include reimbursement to the employee for expenses.
4.12 Family Leave
The City shall comply with the provisions of the State and Federal Family Leave Acts as required under the law. In that these two pieces of legislation are conflicted; the City will establish a Family Leave Policy that incorporates the governing provisions of the statutes. This policy will be incorporated into the City Personnel Rules as it applies to all bargaining units.
4.13 Parental Leave
A. Pregnant employees shall be allowed to continue working as long as they are physically capable of performing the duties of their jobs. Absence from work due to pregnancy-related disabilities shall be treated the same as absence from work due to any other physical disability.
B. Any pregnancy related disability occurring outside the employees' paid leave period shall be treated the same as any other physical disability and the employee shall be entitled to use any accumulated sick leave during this time. In addition, the employee may utilize any accrued vacation leave, or compensatory time off for any portion of the unpaid leave.
C. Benefits Credits. Credit toward all benefits dependent upon length of service, such as seniority and pension credits, shall be accrued during the first four (4) months of parental leave and retained thereafter.
D. Life and Health Insurance Coverage. The City agrees to maintain life and health insurance coverage during parental leave for four (4) months subject to any regular participation requirement of the employee. Thereafter the City agrees to continue coverage for the employee at the employee's expense.
E. Reinstatement. An employee returning from parental leave shall be reinstated in their former position at the salary they would have received had their employment with the City been continuous, exclusive of step increases.
F. Maternity, Paternity and Adoption Leave. An employee shall have five (5) days off with pay for maternity, paternity, or adoption leave. An employee may utilize any accrued vacation leave or compensatory time off for any additional time off for maternity, paternity, or adoption leave.
SEIU Local 1021 MOU 2026-2028
14 4.14 Leave of Absence Without Pay
A permanent, full-time or permanent part-time employee may be granted a leave of absence without pay of up to one (1) year, upon approval by the City, with no loss of seniority or benefits accrued prior to said leave.
4.15 Union Leave
The City will grant three (3) members of the bargaining unit designated by the Union release from duty with pay for up to twenty-four(24) hours each fiscal year to attend labor relations training or attend union business away from City premises. In either case,
such activities must be directly related to City of Emeryville contract negotiations or contract administration or for training but shall not be used to participate in preparation of litigation of any kind against the City, its Councilors, agents, officers, employees, or contractors. The designated employee must give the City at least ten (10) working days advance written notice of the desired work time off to the City Human Resources Director and the employee’s immediate supervisor, or leave will not be allowed. The City may deny or cancel such leave in an emergency or conditions of anticipated severe short staffing.
4.16 Donor Activities
In the event that an employee participates in organ or bone marrow donation the employee may use sick leave or request catastrophic leave for this purpose.
Section 5 - Contracting Out
The City retains the right to determine if any of the work performed by members of the representation unit shall be performed by outside contract or intra-City transfer of work and to implement such action subject only to the terms of the following paragraph.
The City will provide the Union with forty-five (45) working days advance notice if a decision to sub-contract or transfer outside the bargaining unit work presently performed exclusively and traditionally by City employees will result in the layoff of any such employee(s). Such notice will include a brief statement of the reasons for the subcontract. Within these forty-five (45) days following notice from City of a decision to sub-contract that will result in a layoff, the Union may request to meet with City to discuss alternatives to the sub-contract. Such meeting shall be scheduled by the City in consultation with the Union and shall occur within seven (7) days after the request for the meeting is delivered to the City.
Section 6 - Employee Rights
6.1 Personnel Files
A. Employees shall be provided with copies of any disciplinary action before it is placed in the employee's personnel file. The employee shall have an opportunity to respond in writing to such disciplinary action and have their written response attached thereto.
B. Material in the personnel files of employees which may serve as a basis for affecting the status of their employment are to be made available for the SEIU Local 1021 MOU 2026-2028
15 inspection of the employee involved.
C. An employee, upon reasonable notice to their supervisor, shall have the right without loss of pay to examine and/or obtain copies of any material from their personnel file with the exception of material that includes ratings, reports, or records which were obtained prior to the employment of the employee involved.
The employee's personnel file shall be available for examination by the Union Field Representative as authorized by the employee. Employees covered by this Agreement wishing to review their personnel file shall call the Personnel Office in advance and schedule an appointment to inspect their personnel files. This right will be exercised reasonably.
D. All personnel files shall be kept confidential.
E. The official personnel file and the official grievance file shall be maintained separately.
F. Employees or their designated representative may request a review of material contained in their personnel files for possible deletion. Formal letters of reprimand and/or formal counseling memorandum, which did not involve criminal violations will, upon written request of the employee, be removed from the employee’s official personnel file if there have been no other disciplinary actions for a two (2) year period. Materials which would be removed upon an employee’s request that are more than two (2) years old, based on the employee's continuous service for such two (2) year period, will not be used or relied upon to take or support disciplinary action.
6.2 Each new employee shall receive upon employment a copy of the Collective Bargaining Agreement to be provided by the Union at Union orientation.
Section 7 - Employee Evaluation Procedures
The following procedures shall be strictly adhered to:
7.1 Evaluation by First Level Manager
The first level manager shall evaluate the employee by means of a performance evaluation.
7.2 Period of Probation
A. Entry Level Probationary Period. The probationary period of an employee filling a new classification in the competitive service of the City shall be of nine (9) months in duration, except that, in the case of a probationary employee requiring further consideration, the City may at its option extend the probationary period by three (3) months. In such event, the City agrees to notify the Union of the fact that the period of probation for a person filling an entry level has been extended.
B. Entry Level Probationary Period, Police and Child Development Department Employees. The probationary period of an employee filling a new position in the competitive service of the City Police Department and those hired into the Teacher classification in the Emeryville Child Development Center shall be of twelve (12) months duration, except that, in the case of a probationary employee requiring further consideration, the City may, at its option, extend the probationary period by three (3) months. In such event, the City agrees to notify SEIU Local 1021 MOU 2026-2028
16 the Union of the fact that the period of probation for a person filling an entry level has been extended.
Following this initial extension, the City, by mutual agreement with the Union, may extend the probationary period for employees in the Police Department by an additional three (3) months.
C. Promotional Probationary Period. All employees promoted to a position in the classified service shall serve a probationary period of six (6) months. Any employee rejected during the probationary period following a promotional appointment shall be reinstated to the classification from which they were promoted unless the employee is discharged in the manner provided in this Memorandum of Understanding.
7.3 Performance Evaluation
The City agrees that represented employees are entitled to a Performance Evaluation which describes individual performance. The report shall define the standards of acceptable service, serve as a means of recognizing good work, describe deficiencies, if any, and what steps the employee may take to achieve fully effective performance.
Probationary Employees. A new employee shall receive a Performance Evaluation within ten (10) days after the end of the fifth, eighth and, in the case of 12-month probationary employees, eleventh month of service.
Thereafter, the employee shall receive an annual performance evaluation at the anniversary of their date of hire.
Once an employee has reached the top step of the employee’s classification salary range, the timing of the employee’s performance evaluation will transition to a calendar year, rather than based on the employee’s anniversary date. For the year this transition occurs, the following will be the schedule:
Month of Anniversary
Date
Next Calendar Year
Evaluation Date
January - June By January 31 of the
same calendar year
July - December By January 31 of the
following calendar year
7.4 Presentation of Report to Employee
Management shall make every effort to provide timely employee performance evaluations. Human Resources will notify departments of upcoming employee anniversary dates. Such notice will be provided on a monthly basis prior to the last week in the month preceding employee anniversary dates. If an evaluation is untimely and recommends a merit increase, such an increase shall be retroactive to the employee’s anniversary date.
Upon completing the performance evaluation report, the evaluator shall present it to the employee and discuss it with the employee. The employee shall then sign the report in order to indicate their receipt and they shall receive a signed copy.
If an evaluation is not presented to the employee within sixty (60) days of the employee's anniversary date, and the employee has not been disciplined within the SEIU Local 1021 MOU 2026-2028
17 last six (6) months of the year being evaluated, such employee will be deemed to have had "satisfactory" performance for the year being evaluated and any appropriate merit increase will be paid retroactively to the employee's anniversary date. The evaluation for an employee who has been disciplined within the last six (6) months of the year being evaluated will be completed within ninety (90) days of the employee's anniversary date.
7.5 Petition for Reevaluation
Six (6) months after receiving the satisfactory evaluation below in any category, the employee may petition their Department Head or designee to reevaluate them. If an improvement has been shown, an updated evaluation will be completed and placed in the employee’s personnel file.
Section 8 - Posting and Filling of Temporary Vacancies
8.1 A temporary vacancy exists when either of the following circumstances occurs:
(a) An employee in a permanent position is absent due to illness, injury, or leave of absence; or
(b) During the interim when a vacant permanent position is being evaluated for a reclassification.
The City retains the right to determine whether a temporary vacancy will be filled or not and may fill the temporary vacancy from any resources such as temporary agency personnel except under the following conditions:
Whenever it is determined by the City that a vacancy of thirty (30) days of longer is to be filled on a temporary basis, the department with the temporary vacancy to be filled will post the vacancy for application by the employees within that department.
Members of the bargaining unit assigned to permanent positions within the department where the temporary vacancy to be filled exists, and members assigned to permanent positions in another department who have obtained their department head's approval to apply for the temporary vacancy, will be considered before the department makes a temporary assignment from any other source.
A member assigned to a permanent position in another department than the department where the temporary vacancy exists will be advised by their department head of the reason(s) when their request for approval to apply for such temporary vacancy is denied. Such reasons may include but are not limited to the following:
employee performance concerns, an employee’s probationary status, the lack of available backup, skills scarcity, or the need to retain a critical job function within the department. The department head's decision to approve or not approve such request to apply for a temporary assignment shall be final and not subject to further appeal through the grievance procedure.
All applicants must meet the minimum requirements for the temporary vacancy. Such temporary vacancy will be posted for seven (7) calendar) days; interviews will be conducted with all eligible employees within the next following seven (7) calendar days; and applicants will be notified within the next following seven (7) calendar days. If no unit member is selected to fill the temporary vacancy, the City may continue to use non-bargaining unit temporary personnel to fill the vacancy for longer than fifty-one (51) days.
SEIU Local 1021 MOU 2026-2028
18 In the case of vacancies occurring under 8.1.b above, the maximum a temporary employee can be assigned shall be six (6) months.
8.2 Filling Permanent Promotional Vacancies
When it is determined by the City that a vacancy will be filled on a permanent basis, the Human Resources Director shall certify the eligibility list to the hiring department for employment consideration. Members of the bargaining unit who are on the certified eligibility list will be interviewed before any other candidates on the certified eligibility lists are interviewed.
If there are three (3) or fewer eligible and available persons on an eligibility list for certification to the hiring department, the Human Resources Director may use discretion by calling for a new examination in order to secure a sufficient number of persons eligible for certification.
8.3 Classification Studies/Job Audits
Classification study/job Audit requests shall be submitted to Department Heads. The Department Head shall review, comment on and forward such requests to Human Resources for consideration and discussion. The Union shall receive written notification of determination from Human Resources.
Section 9 - Health and Safety
9.1 Health and Safety Standard
The City and the Union will make every effort to maintain adequate and satisfactory health and safety standards. No employee shall be required to perform work with unsafe equipment or in situations which are injurious to their health or safety. The City shall conform to and comply with all health, safety, and sanitation guidelines. A Safety and Training Committee consisting of five (5) persons (including one representative from each Bargaining Unit) will meet at regularly scheduled intervals and shall hold safety meetings and inspections to recommend improvements consistent with OSHA and to recommend training programs to the City Manager. The Human Resources Director shall serve as staff to the Committee. Each bargaining unit shall designate one alternate member. Members of the Safety Committee shall be allowed reasonable release time to attend safety committee meetings.
9.2 Safety Committee
The Safety Committee shall be formed with a Union member from each of the below listed sites to review health, safety, sanitation and working conditions. The committee shall make recommendations to the appointed administrator who shall chair the Safety Committee meetings.
Sites: City Administration Offices, Public Works Corporation Yard, Police Department, Child Development Center.
The members of the Committee shall be allowed reasonable release time to attend safety committee meetings.
9.3 Heating, Ventilation and Air Conditioning
The City will make reasonable efforts to maintain building heating, lighting, SEIU Local 1021 MOU 2026-2028
19 ventilation and air conditioning systems in proper working order.
9.4 Employees with Chronic Illnesses
A. No employee shall be terminated, suspended with or without pay, solely because they have a chronic, serious, or life-threatening illness. The City may lawfully justify dismissal only when the disability 1) substantially interferes with the person's ability to perform their job after the City has made a reasonable accommodation for the disability, or 2) the employee would pose a reasonable probability of substantial harm to others.
B. No employee shall be required to be tested for the HIV antibody.
C. The City shall follow the City’s Exposure Control Plan, which is required by OSHA standards, for all City employees that may be expected, on a routine or collateral basis, to be exposed to blood born pathogens or other infectious materials (OPIMs). The text of the plan, which covers handling and training, is maintained in the Human Resources Department.
9.5 Video Display Terminals
The City shall endeavor to provide safe and healthy working conditions for employees using video display terminals (VDT's). The City will continue to make a good faith effort to assure safe and healthy working conditions for pregnant employees using VDT's, including provisions of safety equipment, manual performance of the work, and medically recommended restrictions.
Breaks shall be taken in accordance with Federal and/or State law. The City shall advise the Union of any health, safety, and/or ergonomic recommendations developed by the Health and Safety Committee. The City agrees to meet with the Union upon request, to review the findings and receive recommendations for modifications in safety regulations.
The safety committee shall make recommendations regarding the safe use and operation of VDT's.
9.6 Light Duty
The City shall meet and confer with the Union for the sole purpose of developing a light duty policy which shall be incorporated into the Personnel Rules and Regulations.
Section 10 - Grievance Procedure
10.1 Definition
A. A grievance is defined as, and limited to, a written complaint by an individual employee, group of employees, or the Union regarding any dispute involving an alleged violation of specific provisions of this Memorandum of Understanding (MOU) during the term of this MOU, or disciplinary actions.
B. Proposals to modify, amend or terminate this Memorandum of Understanding or written agreement or addenda supplementary hereto shall not be grievable.
C. A grievance shall contain a clear and concise statement of the grievance by indicating the issue involved, the relief sought, the date the incident or violation took place and the specific section of the MOU alleged to have been violated.
SEIU Local 1021 MOU 2026-2028
20 D. Group grievances are defined as, and limited to, those grievances which cover more than one employee, and which involve circumstances and facts for the grievance involved. Grievances which are group grievances must be designated on the grievance form at Step 1. The grievance must describe the group involved.
E. Alleged violations of a specific provision of this MOU may be grieved by the Union and shall be so identified as a Union grievance on the grievance form. Such Union grievances shall be signed by the Field Representative or their designee and shall contain all information as specified above for any other grievance.
F. Working days for the purpose of this section shall be defined as days during which the City’s Administrative Offices are open.
10.2 Time Limits and The Grievance Steps
Timely submission of a grievance is established only by postmark or by hand delivery. Faxes or e-mails do not establish proof of service or timeliness.
Step 1. Supervisor
(a) The grievance shall be presented in writing, either by the employee or by an authorized union representative to the designated supervisor of the employee within twenty (20) working days after the cause of such grievance occurs or within twenty (20) working days from the date the employee had reason to know of the alleged violation of the MOU that gave rise to the cause of such grievance. Grievances which are not presented within the specified time period shall be deemed to be waived and abandoned.
(b) The designated supervisor shall have twenty (20) working days from date of receipt of grievance in which to respond. The designated supervisor shall issue a response, in writing, to the employee and the employee’s representative designated on the original grievance form.
(c) A grievance occasioned by the action (or lack of action) of person(s) other than a management official in the employee’s home department, may be filed at Step 3, as long as said grievance is filed within the time limits specified in Step 1 (a), above.
Step 2. Department Head
If the grievance is not satisfactorily resolved at Step 1, the employee or the Union may submit a Step 2 grievance as follows:
(a) The Step 2 grievance shall be submitted in writing either by the employee or by an authorized union representative to the department head or to such representative as they may designate. A grievance may only be submitted to this (and each subsequent) step of the Grievance Procedure by giving written notice of the submission within twenty (20) working days of the expiration of the designated time limits of the City official responsible for the prior response.
Deadlines which fall on a non-working day will automatically be extended to the next business day.
(b) The department head or a designated representative shall have twenty (20) working days from date of receipt of grievance in which to respond.
Step 3. Human Resources
SEIU Local 1021 MOU 2026-2028
21 (a) A grievance that remains unresolved following the Union's receipt of the Step 2 written response from the Department Head or their designated representative, and/or an Advanced Level Filing’ grievance, shall be submitted to the Head of Human Resources within twenty (20) working days.
(b) The Head of Human Resources shall meet with the grievant, the steward associated with the grievance, the Chief Steward, and/or the Union Representative, limited to three union representatives total, including the grievant. (c) The Head of Human Resources will have twenty (20) working days in which to provide a written response to any grievance unless timelines are extended in accordance with this section.
Step 4. Arbitration
(a) If the grievance remains unresolved at Step 3, either the Union or the City may, by written notice to the other party, advance the grievance to an impartial arbitrator within twenty (20) working days of the Step 3 response. The arbitration shall be selected by mutual agreement within twenty (20) working days from the date the grievance is advanced to arbitration. If agreement is not reached, either party may request the names of five (5) impartial arbitrators from the State Mediation and Conciliation Service. Upon receipt of the list, the Head of Human Resources, or designee, and the designated Union Representative, or designee, shall alternately strike names from the list of arbitrators until one arbitrator’s name remains, whom shall serve as the arbitrator. This process shall occur within twenty (20) working days. The fees and expenses of the arbitrator and of a court reporter shall be shared equally by the Union and the City. Each party, however, shall bear the cost of its own presentation including, but not limited to, preparation, presentation at hearing, and post hearing briefs, if any. (b) The City and/or the grievant may call witnesses. If an employee covered by this Agreement gives testimony in connection with the grievance procedure during working hours, the employee shall suffer no loss of pay. If the grievant’s hearing is scheduled during working hours, the grievant shall suffer no loss of pay in order to present their grievance.
(c) Decisions of arbitrators on matters properly before them shall be final and binding on the parties hereto.
No arbitrator shall entertain, hear, decide, or make recommendations on any dispute unless such dispute involves a position in a unit represented by the Union and unless such dispute falls within the definition of a grievance as set forth in subsection 10.1.
No arbitrator shall have the power to amend or modify this Memorandum of Understanding or written agreements or addenda supplementary hereto or to establish any new terms or conditions of employment.
10.3 No grievance involving disciplinary action taken against an employee will be entertained unless it is filed in writing with the Head of Human Resources within seven (7) working days of the time at which the affected employee was notified of such action.
10.4 Grievances which allege that employees are not being compensated in accordance with the MOU shall be initially filed in writing with the Head of Human Resources.
SEIU Local 1021 MOU 2026-2028
22 In no event shall there be any compensation adjustments that are retroactive prior to the date of the occurrence giving rise to the compensation grievance. Any other matters of compensation are not grievable and are to be resolved in the meeting and conferring process. If these matters are not detailed in the Memorandum of Understanding which results from such meeting and conferring process, they shall be deemed withdrawn until the meeting and conferring process is next opened for such discussion.
10.5 A steward and one (1) alternate steward shall be appointed by the union in each of the following work areas:
City Administrative Office Public Works Department
Police Department Community Services Department
A. If the aggrieved employee desires the assistance of a steward as provided in Steps 1 through 3 of the grievance procedure, or during the Arbitration process, the City shall afford said steward reasonable time off during work hours without loss of compensation or other benefits to investigate and take up said grievance. The grievant and/or the area steward shall obtain the specific approval of the Department and/or division head or, in the latter's absence, another authorized management official, before leaving their duties, workstation or assignment for the purpose of investigating and/or processing a grievance.
B. An employee may request the presence of a steward during an interview with their supervisor which the employee reasonably believes may result in disciplinary action, and where the employee has specifically asked the supervisor whether there is the potential for disciplinary action and has been advised by the supervisor that such potential exists. If at any time during an interview without a steward in attendance, it becomes apparent that disciplinary action may result, either party may adjourn the interview until a steward can be present. The provisions of this paragraph shall not apply to interviews conducted for the purpose of reviewing an employee's performance evaluation.
10.6 Timelines may be extended by mutual agreement of the Union and the Head of Human Resources at any step in this procedure. A request for timeline extension and subsequent agreement to a time extension shall be documented in writing by the party requesting the extension.
10.7 With the mutual consent of the parties, the services of a mediator may be employed to help mediate the grievance at any step in this procedure.
Section 11 - Non-Harassment and Retaliation
11.1 No employee shall be subjected to any illegal form of harassment in the course of employment. Prohibited harassment and retaliation are defined in the City Administrative Instruction 1119 – Non-Harassment and Retaliation.
11.2 Allegations of prohibited harassment and/or retaliation shall be reported promptly to the immediate supervisor, or in accordance with procedures outlined in Administrative Instruction 1119. Should Administrative Instruction 1119 be amended, then the subsequent amendment(s) shall be utilized as the administrative remedy for addressing such complaints.
SEIU Local 1021 MOU 2026-2028
23 Section 12 - Layoffs & Resignations
12.1 Layoffs
Whenever there is a lack of work or a lack of funds requiring reduction in personnel in a department or division of the City government, the required layoffs shall be made in accordance with the following procedures:
A. Employees shall be laid off in inverse order of their length of service within the affected job classification.
1. Length of service for the purpose of this Section 12.1 shall mean an employee's continuous uninterrupted service within a classification from the effective date of their appointment as a probationary or part-time employee in that classification.
2. An interruption in length of service within a classification shall occur as a result of any one of the following:
(a) Discharge for cause
(b) Voluntary resignation
(c) Retirement for service or disability
(d) Absence from work for thirty-six (36) consecutive months because of layoff
(e) Failure to return from layoff as provided in Section 12.2 (f) Failure to return from an approved leave of absence upon the date specified for return at the time said approval was granted.
Provisional and acting appointments to a classification shall not be construed as service in such classification unless such provisional or acting appointment was contiguous with appointment to such classification in a probationary or part-time status.
3. Whenever the effective date of appointment to a classification is the same for two or more employees, the original date of hire as a probationary or part-time employee with the City shall be used to determine which employee has greater length of service within the classification. The employee with the earlier original date of hire with the City shall be considered to have the greater length of service within the classification in this situation.
In the event two or more employees have exactly the same length of service, the employee whose rank order on the eligibility list for appointment to the current classification was lower shall be laid off first.
B. Within each affected job classification all provisional, temporary, and seasonal employees in that classification shall be laid off before probationary employees and all probationary employees shall be laid off before any regular employees provided; however, that part-time employees whose length of service is less than any probationary or regular employee shall be laid off before such probationary or regular employee. Thereafter, if additional reductions in personnel are required, those employees with the least length of service within the affected classification shall be laid off.
C. As an alternative to layoff, an employee with regular, probationary or part-time SEIU Local 1021 MOU 2026-2028
24 status who is displaced from their classification in accordance with the procedures provided in paragraphs (A) and (B) of this Section shall be allowed to bump to a classification at the same salary level or to a classification at the next lower salary level provided the classification to which they bump is one in which they have previously served in a regular, probationary or part-time status and where their original date of appointment to said classification, as defined in Section 8 of the Personnel Rules and Regulations, predates that of at least one employee presently serving therein.
As an exception to the foregoing, an employee may bump into a classification in which they have previously served and where their original date of appointment to that classification predates that of at least one employee presently serving therein and where said classification carries a higher salary level only if such higher salary level resulted solely from the application of an equity salary adjustment.
1. Bumping rights afforded an employee pursuant to this Section shall include access to those classifications in which they have previously served but which may since have been re-titled but where, as determined by the City, no substantive changes have been made in the duties or qualifications for the classification(s) in question. Such determination by the City shall be subject to the grievance procedure of this Memorandum of Understanding.
2. Prior to employees being laid off the City shall post an official bulletin board and provide the Union with status registers for all affected classifications within the representation unit. Said lists shall include the names of all present employees who have held these classifications and their appointment dates thereto.
3. An employee eligible to bump into another classification pursuant to this paragraph C shall have five (5) workdays after notice of assignment by the City Manager to a position in that classification in which to accept such assignment. If the affected employee fails to accept such an assignment within said five (5) workday period, they shall be laid off. An employee so assigned shall be placed at a salary step in the range for the classification to which they bump closest to the employee's former rate of pay but which does not exceed the salary step held by the employee in the classification from which the employee was displaced.
4. In the event an employee bumps to an occupied or vacant position that is "flexibly" staffed as reflected in the Positions and Salaries Resolution, assignment to said position shall be at the level at which the position is staffed at the time of layoff.
D. When employees are scheduled for layoff by the City, the affected employee and the Union will be given at least thirty (30) calendar days’ notice, except in an emergency. For the purposes of this section only, an emergency is defined as, but not limited to: earthquakes, fire, floods, terrorism, nuclear /radiological incidents, hazardous material incidents, disease, civil disturbances, or any other emergency requiring a coordinated multi-agency response. The City shall attempt, in so far as is possible, to accomplish any contemplated reduction in personnel by attrition rather than by layoff.
E. In the event employees are scheduled to be laid off, other employees with greater length of service within the same classification may elect to be laid off in lieu of those employees scheduled for such layoff.
SEIU Local 1021 MOU 2026-2028
25 12.2 Rights of Return
As position vacancies occur, employees on layoff and those occupying positions to which they have bumped shall be afforded return rights in the order of their length of service in the classification(s) in which such vacancies occur.
A. An employee shall have ten (10) workdays from the mailing by certified mail of a notice of return to their address of record on file in the Personnel Department to indicate acceptance of such return and their agreement to report for work as specified in the notice.
B. Employees in layoff status shall retain all credited sick leave earned but unused at the time of layoff. An employee on layoff shall not earn vacation leave credit while in layoff status. Upon an employee's return from layoff the employee shall be credited with proportionate vacation leave for the balance of the calendar year.
The amount of such credit shall be based upon their continuous uninterrupted service with the City including time spent in layoff status. Use of vacation leave so credited shall be subject to the provisions of Section 4.2(a) of this Memorandum of Understanding.
C. Employees who are displaced from their classifications by virtue of layoff shall be placed on a re-employment register for the classification they held at the time the layoff occurred, hereinafter referred to as the "primary" register. They shall also be placed on re-employment registers for classifications previously served in, hereinafter referred to as "secondary" registers. If an employee fails to respond to such notice of return within the prescribed time period or declines to return from layoff to a secondary register classification their name shall be removed from said secondary register and they shall no longer be eligible for recall to that classification. If an employee fails to respond to notice of return within the prescribed time period or declines return to their primary register classification the employee will be considered to have voluntarily resigned their employment with the City.
D. Full-time employees who have bumped to a part-time position, or who have been recalled from layoff to a part-time position, shall be afforded an opportunity to return to full-time status as position openings become available.
E. Employees who request and are granted voluntary demotion to a vacant position in lieu of layoff shall be afforded the same rights of return as employees who have exercised bumping rights.
F. An employee who, in lieu of layoff, was transferred to another position within the same classification shall be notified of an opening in their previous position and shall be afforded an opportunity to apply for reinstatement to that position.
12.3 Resignations
Any employee wishing to leave the employ of the City in good standing shall file with the Department Head at least two (2) weeks before leaving the service, a written resignation stating the effective date and reasons for leaving. The resignation shall be forwarded to the City Manager through the Personnel Director with a statement by the Department Head as to the resigned employee's service performance. In the case of any adverse comments, the employee shall be notified in writing and shall be given the opportunity to respond in writing. Failure of the employee to submit their written resignation as provided herein shall be entered on the service record of the employee SEIU Local 1021 MOU 2026-2028
26 and may be cause for denying future employment by the City.
12.4 Non-Discrimination in Workforce Reduction
Layoffs and demotions resulting there from shall be made without regard to an employee's race, color, creed, political beliefs, national origin, religion, sex, age, sexual orientation, or physical or mental handicap to the extent required by law.
12.5 Alternatives to Layoffs
In the interests of employees who may be adversely affected by a general layoff, arising from the need to reduce the work force, the City will first solicit volunteers for alternative measures such as, but not limited to, early retirement, demotion, jobsharing, reduced work hours and the like in order to reduce the impact of layoffs on employees.
Section 13 - Miscellaneous
13.1 Education and Training
Employees shall be eligible for reimbursement of tuition and textbook expenses for training that is required by the City or for training which is mutually acceptable by the employee and the City. Training that the City may determine it will not require but for which the City may, in its discretion, authorize reimbursement under this section includes, but is not limited to, courses or training programs related to:
(a) improving the employee’s basic skills (e.g. reading, writing, basic mathematics, problem solving, error reduction, etc.).
(b) improving the employee’s knowledge and skills needed to better perform the duties of their current position; or
(c) building on the employee’s existing knowledge and skill base to prepare the employee for possible advancement or lateral job transitions within the City that are logically connected to the employee’s present position.
Nothing in this section is intended to diminish the employee’s opportunity to apply for alternative career training support pursuant to the City’s general personnel policies.
13.2 Negotiations Process
The City will allow release time for three (3) employees of the Union's choosing for the purposes of meeting and conferring on the negotiation of this Memorandum of Understanding, consistent with the continued function of the City.
13.3 City Participation in CALPERS - Payment of Employee's PERS Contributions A. The City will provide for the participation of employees in the California Public Employees’ Retirement System (“PERS”) under the PERS Miscellaneous Employee 2% @ 55 (single highest year of compensation earnable and Level III Survivor Benefits plan) retirement formula plan for eligible employees hired before January 1, 2012.
B. Employee hired on or after January 1, 2012, will be enrolled in the 2 @ 60 retirement formula plan (average of highest three years compensation earnable and Level III Survivor Benefits plan).
C. Employees enrolled in the above plans (2% @55 and 2% @ 60) shall contribute SEIU Local 1021 MOU 2026-2028
27 to PERS each pay period seven percent (7%) of “PERSable” compensation toward the PERS employee contribution rate.
D. Effective January 1, 2013, newly hired employees that are considered “new members” in accordance with the Public Employee Pension Reform Act (PEPRA) will be enrolled under the PERS Miscellaneous Employee 2% @ 62 retirement formula plan (average of highest three years compensation earnable and Level III Survivor Benefits plan), in accordance with applicable law and PEPRA.
Employees enrolled in the 2% @ 62 shall contribute to the PERS each pay period one half the normal cost, which (as of 7/1/16) is six and a half percent (6.5%) of “PERSable” compensation toward the PERS employee contribution rate.
13.4 Use of Personal Autos for City Business
Employees who are authorized by their Department Head to drive their personal automobile in the performance of official City business, shall be reimbursed for each mile so driven at the Internal Revenue Service published permissible mileage rate.
The employee involved shall maintain accurate records of miles driven on official City business and submit same to their Department Head for reimbursement.
Section 14 - Health and Welfare
14.1 Medical Benefits
The City shall continue to contract with the California Public Employees' Retirement System (CalPERS) for the purpose of providing medical benefits for eligible active employees, eligible retired employees and eligible survivors of retired employees.
The City’s contribution towards medical insurance benefits for each eligible employee shall be the minimum contribution amount required by Government Code Section 22892. Contributions provided under this Section are required only to the extent mandated by Public Employees Medical and Hospital Care Act (PEMHCA).
The City's mandatory contributions shall be adjusted annually by the CalPERS board to reflect any change in the medical care component of the Consumer Price Index and rounded to the nearest dollar.
For the purpose of this section, a dependent is defined as a person who satisfies the definition of dependent in the CalPERS medical plan in which the employee is enrolled. Such dependents must also be enrolled in and covered by the plan. The eligible employee, retiree, or survivor shall be responsible for making any additional contributions needed to pay for this benefit as agreed upon in this Pay and Benefits Plan.
CalPERS may change carriers and plans; the City shall not be required to provide a specific insurance coverage and shall only be required to provide those benefits as described in this section so long as the City contracts for benefits with CalPERS for medical insurance benefits.
14.2 Section 125 Cafeteria Plan
The City shall provide a contribution to the Section 125 Cafeteria Plan for each fulltime active employee in regular or probationary status enrolled in one of the CalPERS medical insurance plans offered by the City.
The City Contribution. The City shall provide a contribution to the flexible benefits SEIU Local 1021 MOU 2026-2028
28 plan (Section 125 Cafeteria Plan) for each full-time active employee in regular or probationary status enrolled in one of the CalPERS medical insurance plans offered by the City.
Effective calendar year 2024, the City will pay 90% of the selected plan premium, which includes the minimum contribution amount required by Government Code Section 22892. Contributions provided under this Section are required only to the extent mandated by Public Employees Medical and Hospital Care Act (PEMHCA).
Additional Employee Contributions. The employee will pay 10% of the selected plan premium which shall be withheld from the employee's salary by the City on a pretax basis.
14.3 Medical In-Lieu/Alternate Benefit
Employees shall be allowed an opportunity to select certain options as alternatives to those benefits listed in Section 14 of this Memorandum of Understanding under the following terms.
Eligibility for receipt of alternative benefits is restricted to those employees for whom no City contribution is made towards premiums for group medical insurance because the employees have opted out and have coverage from a source other than the City. In order to receive the medical in-lieu/alternate benefit, employees must meet all of the requirements of an Eligible Opt-Out Arrangement
The requirements that must be satisfied for the Eligible Opt-Out Arrangement are as follows:
(a) The Participant must have minimum essential coverage ("MEC") through another source (other than coverage in the individual market and other than individual coverage through Covered California);
(b) The Participant and all individuals in the Participant’s expected tax family have (or will have) the required minimum essential coverage. A Participant’s expected tax family includes all individuals for whom the Participant reasonably expects to claim a personal exemption deduction for the taxable year(s) that cover the Participant's plan year to which the opt-out arrangement applies:
(c) The Participant must provide reasonable evidence of the MEC for the applicable period. Reasonable evidence may include an attestation by the Participant; (d) The Participant must provide the evidence/attestation every Plan Year:
(e) The Participant must provide the evidence/attestation no earlier than a reasonable time before coverage starts (e.g. open enrollment), The evidence/attestation may also be provided within a reasonable time after the Plan
Year starts; and
(f) The medical in-lieu/alternate benefit cannot be made (and the City must not in fact make payment) if the
City knows or has reason to know that the Participant or tax family member does not have the alternative coverage.
The City shall contribute ninety percent (90%) of the Kaiser - Region 1, single party premium per month for alternate benefits for eligible full-time employees who select SEIU Local 1021 MOU 2026-2028
29 and are eligible for the medical-in-lieu/alternate benefits.
The medical-in-lieu/alternate benefit is provided to the employee as a cash payment that supplements to the employee's monthly compensation. State and Federal taxes will be withheld on any monies applied to this option.
14.4 Dental Benefits.
The City shall pay the full cost of coverage for employee and eligible dependents (including domestic partners) up to the family level under the Delta Dental Plan.
14.5 Vision Care
The City shall pay the full cost of coverage for employee and eligible dependents (including domestic partners) up to the family level under the Vision Service Plan (VSP).
14.6 Life Insurance
The City shall pay the entire cost of providing each regular full-time and permanent part- time, and probationary full-time employee with group term life insurance equal to the employee's annual salary or fifty thousand dollars ($50,000), whichever is greater, rounded to the nearest one-thousand-dollar ($1,000) increment.
Such policy to include accidental death and dismemberment coverage, and the right to conversion at the time of termination of employment to a form of permanent coverage without medical restrictions to the extent allowable by the insurance carrier and the law. The payment for such converted coverage shall be the responsibility of the individual electing such coverage.
Should the IRS increase the non-taxable insurance amount beyond $50,000, then maximum level of insurance coverage may be increased to that limit which is nontaxable under the IRS codes and regulations. In any event the City will not provide life insurance beyond the amount of the employee's annual salary.
14.7 Flexible Spending (FSA) and Dependent Care (DCAP) Accounts The City agrees to allow employees to designate a specific amount of salary, consistent with applicable public law, to be redirected each month to pay for Health Care and Dependent care costs on a pre-tax basis. The City will reimburse such employee on a monthly basis for health care and dependent care from such redirected funds, upon presentation to the designated third-party administrator of a claim and receipt for services rendered. Any unused funds will be administered in accordance with applicable Federal law.
Federal law limits the circumstances under which an employee may elect benefits and change an election under the Flexible Benefits Plan.
14.8 Permanent Part-Time Employees
Represented employees working less than full- time are eligible for City-sponsored health care benefits in accordance with the below tiers:
(a) Tier I - Represented regular part-time employees who are regularly scheduled to work thirty (30) hours or more hours a week but less than full- time (35 or 40 hours, depending on assigned work schedule) will be eligible for health care benefits and flexible benefit contributions on the SEIU Local 1021 MOU 2026-2028
30 same basis as regular full-time employees.
(b) Tier II - Represented regular part-time employees who are regularly scheduled to work at least twenty (20) but less than thirty (30) hours per week will be eligible for the City-sponsored health care benefits with the City paying flexible benefit contributions up to a maximum of seventyfive percent (75%) of the premium charged for the plan in which the employee is enrolled, up to a maximum of seventy-five percent (75%) of the Bay Area Kaiser premium at the applicable level of plan enrollment (i.e., one party, two party, or family). The balance of the required premium will be paid by the employee by payroll deduction.
If there are any premium rate increases for the dental and vision plans amounts, during the term of this agreement, at the request of the City, the parties will re-open negotiations. Such re-opener negotiations shall be limited to the discussion of how such increase(s) will be shared between the City and the employee. Absent an agreement between the parties, the above contributions for dental and vision benefits will remain in effect.
14.9 Reservation of Rights
The City reserves the right to provide medical, dental or vision care benefits under a program other than that offered through CalPERS or other existing benefit arrangements at any time during the term of this Memorandum of Understanding.
Alternate coverage may be provided through a consortium of public agencies or private employers which may be formed for the purpose of providing medical, dental or vision care benefits for employees; or through a program of self-insurance.
The City shall offer to meet with the Union to discuss the impact of such alternative coverage before the effective date of such coverage.
14.10 Health Care Legislation
If either the State of California or the federal government produces legislation that requires a change in the benefits provided under this MOU, or imposes an employee or an employer contribution requirement toward the cost of such benefits, the City shall have the right to adjust its contributions so that its total contribution is no greater than is required under this MOU and shall have a duty to provide any benefits lost through such legislation through a supplemental health plan. If the cost of such additional benefits exceed the total City contribution required by this MOU, the Parties will reopen negotiations for the purpose of determining an alternative plan design which conforms with the legislation and any necessary adjustments in contribution levels for both the City and the employees covered hereunder.
14.11 Retired Employees – Health Benefits
The Employer shall contribute the minimum employer health premium contributions required under the Public Employees’ Medical and Hospital Care Act (PEMHCA) toward CalPERS medical insurance premium.
Employees with eleven (11) or more years of continuous service are eligible for the following retiree health benefits:
Coverage Level Medical* Dental Vision
Retiree $162.00 $20.00 $ 5.00
SEIU Local 1021 MOU 2026-2028
31 Retiree + One Dependent 286.00 35.00 8.68
Retiree + Two or more Dependents 363.00 46.06 8.68
*The medical benefit includes the Employer’s contribution under the Public Employees’ Medical and Hospital Care Act (PEMHCA). The Employer shall contribute the greater of the medical benefit amount shown above or the applicable PEMHCA minimum contribution. The Employer's medical contribution shall be paid directly to CalPERS.
The Employer's dental and vision contributions shall be applied toward the applicable monthly premiums. The retiree shall be responsible for paying any remaining premium amount directly to the Employer.
To be eligible for the Employer's retiree health benefits described in this section, an employee must be currently enrolled in an Employer-sponsored medical (CalPERS), dental, and/or vision plan at the time of retirement. An employee who is not enrolled in an applicable plan upon retirement shall not be eligible to receive the Employer's corresponding medical, dental, or vision contribution for that plan at a later date, except as otherwise required by law.
Additionally, in order to be eligible for this benefit, the employee's effective date of retirement must occur within one hundred twenty (120) days of the effective date of their separation from employment with the City and they must be enrolled in a medical, dental and vision care plan offered by the City. The surviving spouse of a retired employee who qualifies to receive these benefits is also entitled to receive the benefits in the event (a) they were designated by the employee prior to the employee's retirement, to receive a survivor benefit under the Public Employees' Retirement System (PERS) plan, and (b) they are receiving said survivor benefit, and (c) they are a member of a medical, dental and vision plan offered by the City of Emeryville. In the event a retired employee has designated more than one survivor who satisfy the above criteria, benefit payments made pursuant to this Section shall not exceed the monthly amount recited above for all such eligible survivors of the employee.
Eligible employees are those who retire from the City for service or disability and who have been employed continuously by the City.
14.12 Long Term Disability
The City shall provide and maintain a Long-Term Disability plan for all full-time active employees. The premium for such plan shall be paid by the City.
14.13 Health and Wellness
A. Employees shall receive a 15% discount on all current City facilities and current service fees including, but not limited to, childcare services provided by ECDC; facilities, programs and classes provided by the Community Services Department; the Senior Center; and rental facilities.
B. The City and SEIU representatives shall participate in a city-wide joint labormanagement committee to discuss health and wellness programs for employees.
Meetings will be held at mutually agreed upon times and places. Up to two employees may be released from scheduled duty to attend meetings of the SEIU Local 1021 MOU 2026-2028
32 committee.
Section 15 - Salary
Effective the first full pay period following City Council approval, all classifications in the bargaining unit shall receive a salary increase of three percent (3%). In addition to the salary increase, the City will provide a one-time lump sum payment equivalent to the value of a three percent (3%) salary increase for the period of July 12, 2026 , through the implementation of the three percent (3%) salary increase referenced above.
Effective the first full pay period in July 2027 all classifications in the bargaining unit shall receive salary increase of three percent (3%).
One-Time Lump Sum Payment
Effective the first full pay period following City Council approval of this Memorandum of Understanding, bargaining unit members employed on the date of payment, shall receive a non-pensionable lump sum payment of $1,000.00.
15.1 Police Department Employees - Training Differential Police Department Employees, who are assigned in writing by the Department Head to train employees shall be compensated with premium pay in the amount of six percent (6%).
A. The premium pay is applied to the employee's current base salary step only.
There shall be no "pyramiding" of such premium pay, except that this provision shall be in accordance with the provisions of the Federal Fair Labor Standards Act.
B. Parties agree that the application of this premium pay is not precedent setting and does not relieve any employee in the Representation Unit from assisting in the task of training employees. This additional compensation to a Police Department Employee assigned by the Department Head to train an employee reflects the complexity and scope of such duties.
C. The City agrees that employees are entitled to periodic and timely Performance Evaluations which outline performance and progress in their classification. Accordingly, the parties agree that the City may elect to require a Police Department Employee acting in the capacity of a trainer to prepare a performance evaluation report on the work of the trainee under their direction; such reports will satisfy the performance evaluations required by Section 7.3(a) of this Memorandum of Understanding for probationary employees.
15.2 Police Communications Dispatcher – Certificate Incentive All Police Communications Dispatchers who have obtained a POST Dispatcher Intermediate Certificate shall receive an additional sum per month equal to two percent (2%) of salary.
All Police Communications Dispatchers who have obtained a POST Dispatcher Advanced Certificate shall receive an additional sum per month equal to three percent (3%) of salary.
SEIU Local 1021 MOU 2026-2028
33 Section 16 - Uniform Allowance
16.1 Public Works Maintenance
Public Works Maintenance and Crew Leader Uniform and Safety Shoe Allowance Public Works Maintenance personnel, initially appointed to the position three hundred twenty- five dollars ($325.00) per person per year allowance for the purchase of a uniform and two hundred seventy-five dollars ($275.00) per year for the purchase of safety shoes. Thereafter on the first pay period in October and March of each year, Public Works Maintenance personnel shall receive three hundred twenty-five dollars ($325.00) and two hundred seventy-five dollars ($275.00) respectively for purchase of uniforms and shoes.
Effective starting calendar year 2027, the allowance shall be implemented as follows:
New employees in the Public Works Maintenance Worker and Crew Leader classifications shall receive four hundred dollars ($400.00) on their first paycheck for the purchase of a uniform. Thereafter, a uniform allowance of fifteen dollars and thirty-eight cents ($15.38) will be paid on a biweekly basis.
New employees in the Public Works Maintenance Worker and Crew Leader classifications shall receive four hundred dollars ($400.00) on their first paycheck for the purchase of safety shoes. Thereafter, the safety shoe allowance of fifteen dollars and thirty-nine cents ($15.39) will be paid on a biweekly basis.
16.2 Police Classifications – Uniform Allowance
The City will provide represented employees in the Police Department, initially appointed to their position, a four hundred twenty-five-dollar ($425.00) allowance for the purchase of required articles of uniform. Thereafter on the first paycheck in October and March of each year, each represented employee in the Police Department shall receive a uniform maintenance allowance of four hundred seventyfive dollars ($475.00.) Represented employees in the Police Department are eligible for uniform replacement as per Department policy.
16.3 The City shall provide, and Building Inspectors and Senior Building Inspectors shall wear, safety shoes required by Cal OSHA and any other safety equipment required by Cal OSHA regulations of individuals that inspect construction sites. The City shall provide Recreation Assistants and Program Coordinators in Recreation with not less than two (2) pair of work pants, two (2) work shirts and one (1) sweatshirt each fiscal year beginning July 1, 2009. In addition, the City shall provide Teachers and Program Coordinators in the Child Development Center with one (1) work jacket and two (2) work smocks each fiscal year beginning July 1, 2009.
Section 17 - Holidays
17.1 The following holidays shall be observed by the City with respect to all covered employees:
1. New Year’s Day (January 1)
2. Martin Luther King Jr. Birthday (3rd Monday in January)
3. Washington's Birthday (3rd Monday in February)
4. Memorial Day (Last Monday in May)
SEIU Local 1021 MOU 2026-2028
34 5. Juneteenth (June 19)
6. Independence Day (July 4)
7. Labor Day (1st Monday in September)
8. Indigenous Peoples’ Day (2nd Monday in October)
9. Veterans Day (November 11)
10. Thanksgiving Day (4th Thursday in November)
11. Day after Thanksgiving (4th Friday in November)
12. Christmas Day (December 25)
17.2 If any holiday falls on a Saturday, the preceding Friday shall be observed as the holiday; and if a holiday falls on a Sunday, the following Monday shall be observed as the holiday.
17.3 If a holiday occurs on the Police Department employee's normal day off, the employee shall be compensated for 8 hours of holiday pay at the straight-time hourly rate of pay.
17.4 An employee who works on a holiday observed by the City shall be compensated for such holiday at the rate of time and one-half (1-1/2) the straight-time hourly rate in addition to regular holiday pay.
In this instance the employee may, at the approval of their supervisor, elect to have any portion of the compensation for holidays worked credited as compensation time.
Police Communications Dispatchers who are assigned to work on Juneteenth, Independence Day, Christmas and New Year’s Day, the holidays are observed on the actual date of the holiday.
17.5 Floating Holidays. For fiscal year 2023-2024, bargaining unit employees shall be granted three (3) floating holidays each fiscal year on the first day of the first pay period beginning on or after July 1 of the respective year and one (1) additional floating holiday each fiscal year on the first day of the first pay period beginning on or after July 1 of the respective year. This additional floating holiday may only be used on the day before the Thanksgiving, Christmas Eve or New Year’s Eve holidays and may be taken in ½ day increments prorated based on the number of hours in the employee’s normal work week.
17.6 Effective fiscal year 2024-2025, bargaining unit employees shall be granted four (4) floating holiday each fiscal year on the first day of the first pay period beginning on or after July 1 of the respective year.
For employees at ECDC:
1. Members of SEIU who are regularly assigned to the Emeryville Child Development Center (ECDC) (the “Affected Employees”) will work on Veteran’s Day and Indigenous People’s Day and shall instead receive December 24th and December 26th off as observed holidays.
2. If December 24th and/or December 26th falls on a Saturday, the Affected Employee shall observe the holiday on the preceding Friday. If December 24th and/or December 26th falls on a Sunday, the Affected Employee shall observe the following Monday as the holiday.
3. In addition, affected employees must use one of their four floating holidays on New Year’s Eve on which day the City may close the ECDC. In years in which New Year’s Eve falls on a Saturday or Sunday, employees will be allowed to retain and use a floating holiday in the same manner as other floating holidays.
SEIU Local 1021 MOU 2026-2028
35 Section 18 - Child Safety and Protection
18.1 Child Development Center Labor Management Committee A committee consisting of three persons each from the City and the Union shall be established to meet at mutually agreeable times to discuss the following issues in Child Development:
(a) Staff schedules including working hours, lunch breaks, and staff meeting schedules
(b) Training and development, including mandatory and optional training and educational programs
(c) Other issues that the committee agrees are appropriate for discussion and resolution
18.2 Child Safety
The parties are committed to child safety and have zero tolerance for child abuse or endangerment. For represented employees in any department who work or interact with minors or children as part of their job duties, any instance of observed, reported or reasonably suspected abuse, endangerment or mistreatment of a child or minor shall result in an investigation during which the employee may be placed on temporary leave with pay. Employees who harm, endanger or otherwise mistreat a child of any age will be subject to disciplinary action up to and including discharge from employment.
Represented employees who work or interact with minors or children shall not abuse children, including, but not limited to, the following:
(a) physical abuse—striking, spanking, shaking, slapping; (b) verbal abuse—humiliating, degrading;
(c) sexual abuse—inappropriate touching or verbal exchange; (d) mental abuse—shaming, withholding care, cruelty, threatening; (e) neglect—withholding food, water, basic care, etc.
No type of abuse will be tolerated; and abusive behavior shall be cause for immediate dismissal.
18.3 Mandated Reporting
All employees are expected to comply with Administrative Instruction 1132 Mandated Reporting. Any employee subject to the mandatory report requirement of the California Penal Code, Section 11166.5 reasonably suspects that a child, 18 years or younger, has received a physical injury or injuries which appear to have been inflicted other than accidental means by any person, or that they have been sexually abused, such fact will be reported immediately by the observer by telephone and in writing immediately but in no case longer than thirty-six (36) hours to Child Protective Services (CPS) or the police department in the city of the incident.
If an Employee suspects or has knowledge of child abuse based upon behaviors, physical symptoms or signs, the Employee is required by law to report this immediately to Child Protective Services. Employees are also to report any suspicion of child abuse immediately by sending an “Unusual Incident Report” to Community Care Licensing, as required, with a copy to their direct supervisor. If the direct SEIU Local 1021 MOU 2026-2028
36 supervisor is not on duty, the Employee will follow the chain of command up to the next available manager.
In cases where Employees are accused of child abuse the individual will be suspended with pay pending investigation.
Section 19 - Employee Assistance Program
In the event an employee is admitted to the Employee Assistance Program, and at the time of such entry has disciplinary action pending which is related to the cause for entry into the Employee Assistance Program, said disciplinary action shall be held in abeyance during the period the employee is satisfactorily participating in the Program. Upon successful completion of the Program, such disciplinary action will be canceled. The provisions of this Section shall be applicable only on the first occasion an employee is admitted to the Employee Assistance program and shall not apply in the event an employee completes or drops out of the Program and applies for re-admittance.
Section 20 - Concerted Activities
The Union, its members and representatives agree that it and they will not engage in or authorize any strike, slowdown, stoppage of work, curtailment of production, concerted refusal of overtime work, refusal to operate designated equipment (provided such equipment is safe and sound) or to perform customary duties because of any dispute arising during the term of this Memorandum of Understanding; and neither the Union nor any representative thereof shall engage in job action for the purpose of effecting changes of personnel or operations of management or of employees not covered by this Memorandum of Understanding.
Section 21 - Management Rights and Responsibilities
21.1 The Union recognizes and agrees that the City retains and reserves all powers, rights, authority, duties and responsibilities conferred upon and vested in it by the laws and the Constitution of the State of California and of the United States, limited only by Sections of this Agreement.
21.2 The Union recognizes and the City agrees that the exercise of the foregoing powers, rights, authority, duties and responsibilities by the adoption of policies, rules, regulations, and practices in furtherance thereof; and the use of judgment and discretion in connection therewith shall be limited only by the specific and express terms of this Agreement and then only to the extent such specific and express terms are in conformance to the Constitution and laws of the State of California and of the United States.
21.3 The Union recognizes and agrees that the City’s powers, rights, authority, duties, and responsibilities include the exclusive right to manage, plan, organize, staff, direct, and control; to decrease and increase the workforce, to establish and change standards, to determine solely the extent to which the facilities of any department thereof shall be operated and the outside purchase of products, the right to introduce new or improved methods and facilities; and to otherwise take any action desired to run the entire operation efficiently except as modified by this Agreement.
21.4 The Union recognizes and agrees that the City retains its right to amend, modify, or suspend policies and practices referred to in this Agreement in case of emergency.
SEIU Local 1021 MOU 2026-2028
37 Emergency is to be defined as: An act of God, a natural or man-made disaster, or other dire interruption of the City’s programs. When an emergency is declared the City shall immediately notify and consult with the Union.
Section 22 - Direct Deposit
As a condition of employment, and within one (1) year of the effective date of this Agreement, employees will make the necessary arrangements to have all sums paid pursuant to this Agreement direct deposited into one or more bank accounts as designated by the employee.
Section 23 - Severability of Provisions
If any section, clause, or provision of this Memorandum of Understanding is declared illegal by final judgment of a court of competent jurisdiction, such invalidation of such section, clause or provision shall not invalidate the remaining portions hereof, and such remaining portions shall remain in full force and effect for the duration of this Memorandum of Understanding.
Upon such invalidation the parties agree immediately to meet and negotiate substitute provisions for such parts or provisions rendered or declared illegal or an unfair labor practice. If the parties are unable to agree upon substitute provisions the dispute may, at the request of either the City or the Union, be referred to the grievance procedure.
SEIU Local 1021 MOU 2026-2028
38 SEIU Local 1021 MOU 2026-2028
38 Section 24 - Duration
Except as otherwise expressly provided herein, if at all, for the retroactive application of specific contract terms, this Memorandum of Understanding shall take effect upon ratification and signing by the authorized representatives of both parties hereto and shall remain in effect through and including June 30, 2026 and shall continue thereafter, from year to year, unless at least thirty (30) days prior to the first day of July, 2026, or the first day of July of any subsequent year, either party files written notice with the other of its desire to amend, modify, or terminate this Agreement.
Approved by Council on September 1, 2026
SEIU Local 1021 The City of Emeryville
______________________________ ___________________________________ Ryan Fettes, Chief Negotiator Jeff Bailey, Chief Negotiator ______________________________ ___________________________________ Alyssa Chung, President Lilybell Nakamura, Human Resources Director ________________________________ ___________________________________ Michael Roberts, Bargaining Team Member Pedro Jimenez, Assistant City Manager ______________________________ ___________________________________ Jamie Lee, Bargaining Team Member Qiana James, Sr. Human Resources Analyst ______________________________
Ryan Fettes, Chief Negotiator
______________________________
David Canham, Executive Director
____________________________________
Peter Masiak, Field Director
Approved as to Form:
__________________________
Christie Crowl, City Attorney
SEIU Local 1021 MOU 2026-2028
39 APPENDIX A
BASE BIWEEKLY SALARY SCHEDULE
Effective first full pay period in July 2026
JOB
CODE JOB CLASSIFICATION A B C D E Hrs/Wk
1161 ACCOUNTANT 4,003.30 4,204.20 4,414.20 4,635.40 4,867.10 35 1180 ACCOUNTING TECHNICIAN 3,277.40 3,441.20 3,613.40 3,794.00 3,983.70 35 1410 ADMINISTRATIVE ANALYST 3,963.40 4,161.50 4,370.10 4,587.80 4,817.40 35 1410 ADMINISTRATIVE ANALYST* 4,529.60 4,756.00 4,994.40 5,243.20 5,505.60 40 1510 ADMINISTRATIVE ASSISTANT 2,992.50 3,142.30 3,299.80 3,465.00 3,637.90 35 1501 ASSISTANT PLANNER 3,469.20 3,642.80 3,824.10 4,015.90 4,216.80 35 1322 ASSOCIATE CIVIL ENGINEER 4,866.40 5,110.00 5,364.80 5,632.90 5,914.30 35 1500 ASSOCIATE PLANNER 4,376.40 4,595.50 4,825.10 5,066.60 5,320.00 35 1535 BUILDING INSPECTOR 4,331.20 4,547.20 4,774.40 5,012.80 5,263.20 40 1507 BUILDING PERMIT TECH./PLAN CHECKER 3,595.20 3,775.10 3,964.10 4,162.20 4,370.80 35 1453 COMMUNITY & ECONOMIC DEVELOPMENT COORDR I 3,721.20 3,906.70 4,102.70 4,307.10 4,523.40 35 1450 COMMUNITY & ECONOMIC DEVELOPMENT COORDR II 4,750.20 4,987.50 5,236.70 5,498.50 5,773.60 35 1245 CRIME ANALYST 3,980.00 4,179.20 4,388.00 4,608.00 4,838.40 40 1325 ENVIRONMENTAL PROGRAMS ANALYST 3,963.40 4,161.50 4,370.10 4,587.80 4,817.40 35 1326 ENVIRONMENTAL PROGRAMS TECHNICIAN 2,923.20 3,069.50 3,223.50 3,384.50 3,553.20 35 1655 FAMILY SUBSIDY SPECIALIST 2,760.00 2,897.60 3,042.40 3,194.40 3,354.40 40 1695 LEAD TEACHER 2,846.40 2,988.80 3,137.60 3,294.40 3,459.20 40 1710 MEAL HANDLER (Part-time) 20.94 21.99 23.09 24.24 25.45 hourly 1480 OFFICE ASSISTANT I (Part-Time) 27.52 28.9 30.34 31.86 33.45 hourly 1470 OFFICE ASSISTANT I 1,686.30 1,770.30 1,858.50 1,951.60 2,049.60 35 1470 OFFICE ASSISTANT I* 1,927.20 2,023.20 2,124.00 2,230.40 2,342.40 40 1481 OFFICE ASSISTANT II (Part-Time) 34.52 36.25 38.06 39.96 41.96 hourly 1460 OFFICE ASSISTANT II 2,115.40 2,220.40 2,331.70 2,447.90 2,570.40 35 1460 OFFICE ASSISTANT II* 2,417.60 2,537.60 2,664.80 2,797.60 2,937.60 40 1190 PAYROLL TECHNICAN 3,447.50 3,619.70 3,799.60 3,990.00 4,189.50 35 1505 PLANNING TECHNICIAN 3,105.20 3,260.60 3,423.70 3,595.20 3,775.10 35 1232 POLICE ADMINISTRATIVE SPECIALIST 3,383.20 3,552.80 3,730.40 3,916.80 4,112.80 40 1242 POLICE COMMUNICATIONS DISPATCHER 3,875.20 4,068.80 4,272.00 4,487.20 4,711.20 40 1234 POLICE EVIDENCE TECHNICIAN 3,416.00 3,586.40 3,765.60 3,954.40 4,152.00 40 1241 POLICE RECORDS SPECIALIST 3,252.80 3,416.00 3,586.40 3,765.60 3,954.40 40 1240 POLICE SERVICES TECHNICIAN 3,222.40 3,383.20 3,552.80 3,730.40 3,916.80 40 1605 PROGRAM COORDINATOR 3,049.60 3,203.20 3,363.20 3,531.20 3,708.00 40 1390 PUBLIC WORKS CREW LEADER 3,842.40 4,034.40 4,236.00 4,447.20 4,670.40 40 1370 PUBLIC WORKS MAINTENANCE WORKER-GENERAL 3,234.40 3,396.80 3,566.40 3,744.80 3,932.00 40 1595 RECREATION ASSISTANT 2,710.40 2,847.20 2,988.00 3,137.60 3,294.40 40 1160 SENIOR ACCOUNTANT 4,494.70 4,720.10 4,955.30 5,203.80 5,463.50 35 1170 SENIOR ACCOUNTING TECHNICIAN 3,446.80 3,619.70 3,799.60 3,990.00 4,189.50 35 1537 SENIOR BUILDING INSPECTOR 5,038.40 5,291.20 5,554.40 5,832.00 6,124.00 40 1321 SENIOR CIVIL ENGINEER 5,902.40 6,197.10 6,506.50 6,832.00 7,172.90 35 1503 SENIOR PLANNER 4,844.70 5,086.20 5,340.30 5,606.30 5,887.00 35 1665 TEACHER 2,229.60 2,341.60 2,458.40 2,581.60 2,710.40 40 1690 TEACHER AIDE-SUBSTITUTE (Part-Time) 21.02 22.07 23.18 - - hourly 1685 TEACHER ASSISTANT 1,681.60 1,765.60 1,854.40 1,947.20 2,044.80 40 1675 TEACHER ASSOCIATE 1,854.40 1,947.20 2,044.80 2,146.40 2,254.40 40 1680 TEACHER-SUBSTITUTE (Part-Time) 23.18 24.34 25.56 - - hourly *Positions assigned to Community Services and Police Department are assigned 40-hour/week schedule.
SEIU Local 1021 MOU 2026-2028
40 APPENDIX B
BASE BIWEEKLY SALARY SCHEDULE
Effective first pay period in July 2027
JOB
CODE JOB CLASSIFICATION A B C D E Hrs/Wk
1161 ACCOUNTANT 4,123.70 4,330.20 4,546.50 4,774.70 5,013.40 35 1180 ACCOUNTING TECHNICIAN 3,375.40 3,544.10 3,721.90 3,908.10 4,103.40 35 1410 ADMINISTRATIVE ANALYST 4,082.40 4,286.10 4,501.00 4,725.70 4,961.60 35 1410 ADMINISTRATIVE ANALYST* 4,665.60 4,898.40 5,144.00 5,400.80 5,670.40 40 1510 ADMINISTRATIVE ASSISTANT 3,082.10 3,236.80 3,398.50 3,569.30 3,747.10 35 1501 ASSISTANT PLANNER 3,573.50 3,752.00 3,938.90 4,136.30 4,343.50 35 1322 ASSOCIATE CIVIL ENGINEER 5,012.70 5,263.30 5,525.80 5,801.60 6,091.40 35 1500 ASSOCIATE PLANNER 4,508.00 4,733.40 4,970.00 5,218.50 5,479.60 35 1535 BUILDING INSPECTOR 4,460.80 4,684.00 4,917.60 5,163.20 5,420.80 40 1507 BUILDING PERMIT TECH./PLAN CHECKER 3,703.00 3,888.50 4,083.10 4,286.80 4,501.70 35 1453 COMMUNITY & ECONOMIC DEVELOPMENT COORDR I 3,832.50 4,023.60 4,225.90 4,436.60 4,659.20 35 1450 COMMUNITY & ECONOMIC DEVELOPMENT COORDR II 4,893.00 5,137.30 5,393.50 5,663.70 5,946.50 35 1245 CRIME ANALYST 4,099.20 4,304.80 4,520.00 4,746.40 4,983.20 40 1325 ENVIRONMENTAL PROGRAMS ANALYST 4,082.40 4,286.10 4,501.00 4,725.70 4,961.60 35 1326 ENVIRONMENTAL PROGRAMS TECHNICIAN 3,010.70 3,161.90 3,320.10 3,486.00 3,659.60 35 1655 FAMILY SUBSIDY SPECIALIST 2,843.20 2,984.80 3,133.60 3,290.40 3,455.20 40 1695 LEAD TEACHER 2,932.00 3,078.40 3,232.00 3,393.60 3,563.20 40 1710 MEAL HANDLER (Part-time) 21.57 22.65 23.78 24.97 26.22 hourly 1480 OFFICE ASSISTANT I (Part-Time) 28.35 29.76 31.25 32.82 34.46 hourly 1470 OFFICE ASSISTANT I 1,736.70 1,823.50 1,914.50 2,010.40 2,111.20 35 1470 OFFICE ASSISTANT I* 1,984.80 2,084.00 2,188.00 2,297.60 2,412.80 40 1481 OFFICE ASSISTANT II (Part-Time) 35.56 37.34 39.20 41.16 43.22 hourly 1460 OFFICE ASSISTANT II 2,179.10 2,286.90 2,401.70 2,521.40 2,647.40 35 1460 OFFICE ASSISTANT II* 2,490.40 2,613.60 2,744.80 2,881.60 3,025.60 40 1190 PAYROLL TECHNICAN 3,551.10 3,728.20 3,913.70 4,109.70 4,315.50 35 1505 PLANNING TECHNICIAN 3,198.30 3,358.60 3,526.60 3,703.00 3,888.50 35 1232 POLICE ADMINISTRATIVE SPECIALIST 3,484.80 3,659.20 3,842.40 4,034.40 4,236.00 40 1242 POLICE COMMUNICATIONS DISPATCHER 3,991.20 4,191.20 4,400.00 4,621.60 4,852.80 40 1234 POLICE EVIDENCE TECHNICIAN 3,518.40 3,693.60 3,878.40 4,072.80 4,276.80 40 1241 POLICE RECORDS SPECIALIST 3,350.40 3,518.40 3,693.60 3,878.40 4,072.80 40 1240 POLICE SERVICES TECHNICIAN 3,319.20 3,484.80 3,659.20 3,842.40 4,034.40 40 1605 PROGRAM COORDINATOR 3,140.80 3,299.20 3,464.00 3,636.80 3,819.20 40 1390 PUBLIC WORKS CREW LEADER 3,957.60 4,155.20 4,363.20 4,580.80 4,810.40 40 1370 PUBLIC WORKS MAINTENANCE WORKER-GENERAL 3,331.20 3,498.40 3,673.60 3,856.80 4,049.60 40 1595 RECREATION ASSISTANT 2,792.00 2,932.80 3,077.60 3,232.00 3,393.60 40 1160 SENIOR ACCOUNTANT 4,629.80 4,861.50 5,103.70 5,359.90 5,627.30 35 1170 SENIOR ACCOUNTING TECHNICIAN 3,550.40 3,728.20 3,913.70 4,109.70 4,315.50 35 1537 SENIOR BUILDING INSPECTOR 5,189.60 5,449.60 5,720.80 6,007.20 6,308.00 40 1321 SENIOR CIVIL ENGINEER 6,079.50 6,383.30 6,701.80 7,037.10 7,387.80 35 1503 SENIOR PLANNER 4,990.30 5,238.80 5,500.60 5,774.30 6,063.40 35 1665 TEACHER 2,296.80 2,412.00 2,532.00 2,659.20 2,792.00 40 1690 TEACHER AIDE-SUBSTITUTE (Part-Time) 21.65 22.73 23.88 - - hourly 1685 TEACHER ASSISTANT 1,732.00 1,818.40 1,910.40 2,005.60 2,106.40 40 1675 TEACHER ASSOCIATE 1,910.40 2,005.60 2,106.40 2,210.40 2,322.40 40 1680 TEACHER-SUBSTITUTE (Part-Time) 23.88 25.07 26.32 - - hourly *Positions assigned to Community Services and Police Department are assigned 40-hour/week schedule.
SEIU Local 1021 MOU 2026-2028
40 SEIU Local 1021 MOU 2026-2028
41 Side Letter to the Memorandum of Understanding
Between the
City of Emeryville
and
Ser vice Employees International Union (SEIU)
This Side Letter is by and between the City of Emeryville (“City”) and the Service Employees International Union (“SEIU”) and will become effective following the agreement by SEIU and adoption by the City.
The Parties agree to establish Joint Team Committees within one hundred and eighty (180) days of the adoption of the 2026 Memorandum of Understanding (MOU) by the City Council.
The Joint Team Committees shall consist of no more than two representatives each to meet to discuss and explore the following topics:
• Bilingual Pay
• Commuter Benefit
• Vacation Sellback
• Tuition Reimbursement
Emeryville and SEIU Local 1021 MOU 2023-2026
Emeryville -SEIU, 2026-2028
Side Letter of Agreement 42
Side Letter to the Memorandum of Understanding
Between the
City of Emeryville
and
Service Employees International Union (SEIU)
This Side Letter is by and between the City of Emeryville (“City”) and the Service Employees International Union (“SEIU”) and will become effective following the agreement by SEIU and adoption by the City.
The Parties agree to meet and discuss the establishment of a Police Communications Dispatch Trainee classification within one hundred and eighty (180) days of the adoption of the 2026 Memorandum of Understanding (MOU) by the City Council.
City of Emeryville
C A L I F O R N I A
M E M O R A N D U M
DATE: September 1, 2026
TO: Mayor and City Council Members
FROM: LaTanya Bellow, City Manager
SUBMITTED BY: Chadrick Smalley, Community Development Director SUBJECT: RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EMERYVILLE
AUTHORIZING THE CITY MANAGER TO EXECUTE A PROFESSIONAL
SERVICES CONTRACT WITH OPERATION DIGNITY, INC. TO
PROVIDE HOMELESS SUPPORT SERVICES IN AN AMOUNT NOT TO
EXCEED $345,000 FOR FISCAL YEAR 2026-2027, $362,250 FOR FISCAL YEAR 2027-2028, AND $380,363 FOR FISCAL YEAR 2028-2029 FOR A TOTAL CONTRACT AMOUNT NOT TO EXCEED $1,087,613,
AND AMENDING THE FISCAL YEAR 2026-2027 OPERATING BUDGET TO INCREASE REVENUE IN FUND 219 (OPIOID SETTLEMENT FUND) BY $42,141 AND INCREASE EXPENDITURES IN FUND 219 (OPIOID SETTLEMENT FUND) BY $40,000 AND INCREASE EXPENDITURES IN FUND 298 (HOUSING SUCCESSOR FUND) BY $50,000
RECOMMENDATION
Staff recommends that the City Council adopt the above-entitled resolution authorizing the City Manager to execute a professional services contract with Operation Dignity, Inc (“Operation Dignity”) to provide homeless outreach and housing navigation services in Emeryville over a three-year term commencing in Fiscal Year 2026-2027 for a total contract amount not to exceed $1,087,613.
BACKGROUND
Homeless Strategy
On May 15, 2018, the City Council adopted the City’s updated Homeless Strategy to identify goals and concrete implementation measures to better support those people experiencing homelessness or at-risk of becoming homeless who live in Emeryville or have children enrolled in Emeryville schools. The Homeless Strategy is a policy document outlining specific measures intended to implement the following goals:
▪ Prevent at-risk persons from becoming homeless or returning to homelessness ▪ Remove barriers to accessing homeless services.
▪ Collaborate across sectors and systems
▪ Provide Housing Services
▪ Ensure safe living conditions for individuals experiencing homelessness as well as individuals residing in surrounding areas.
The proposed professional services contract is intended to provide needed outreach and housing navigation staffing to implement these goals.
Professional Services Contract with Operation Dignity
City Council Meeting | September 1, 2026
Previous Contracted Outreach Service Providers
The City contracted with Berkeley Food and Housing Program (BFHP) from 2017-2020, and with Operation Dignity from 2020-2023 and from 2023-2026. During each contract term, the following outreach services were provided by the selected service provider:
▪ Provision of an Outreach Worker to engage individuals on the street for assessment, harm reduction, and referrals to services.
▪ Coordination with the North County Hub (Coordinated Entry System) ▪ Landlord and social service provider liaison services.
Homeless Support Services RFP
On May 1, 2026, the City released a Request for Proposals (RFP) seeking providers to provide homeless outreach and housing navigation services to the city. The RFP requested proposals from providers who could offer the following services over a threeyear period:
▪ Provide homeless outreach services, five days per week, including one day with a 7pm-10pm shift, and at least one weekend day shift per month ▪ Provide housing-focused case management
▪ Connect clients to supportive services
▪ Conduct encampment resolution and harm reduction outreach ▪ Manage a rapid re-housing program
▪ Provide an emerging needs fund to cover the immediate needs of those experiencing homelessness
▪ Implement a temporary emergency housing placement program to assist those facing a temporary notice to vacate due to a government order regarding habitability
▪ Participate in the North County Hub regional coordination and operations meetings ▪ Access and reporting of clients in the Homeless Information Management System (HMIS)
▪ Have an established relationship with and knowledge of the Alameda County Coordinated Entry System (CES) and Housing Resource Centers The City received one response to the RFP, from Operation Dignity, prior to the deadline of May 22, 2026. Staff subsequently contacted other service providers providing similar services in the Bay Area regarding their decision not to respond to the RFP and were informed that the estimated annual funding allocation was a concern and that there were other service providers in the area that some organizations felt were better suited for the proposal than their organization(s).
DISCUSSION
Operation Dignity Staffing Proposal
Operation Dignity’s staffing proposal includes four positions and provides for a minimum of 40 hours consistent service per week during the duration of the contract term. The roles for each staff assigned to Emeryville are outlined below.
Professional Services Contract with Operation Dignity
City Council Meeting | September 1, 2026
▪ Timothy Evans, Executive Director, will provide high-level oversight, contract support, organization coordination, executive guidance related to program implementation, operational continuity, and partnership management. ▪ Ivan Magana, Program Manager, will provide operational oversight of outreach and housing navigation activities, coordination with Emeryville and community partners, reporting and compliance oversight, field engagement support, emergency response coordination, and encampment response operations. ▪ Najee Woodley, Outreach Coordinator will support day-to-day field coordination, outreach engagement operations, service referrals, client stabilization support, transportation coordination and housing-focused engagement activities. This is a full-time Emeryville dedicated position.
▪ A to-be-identified Housing Navigator will support housing search assistance, landlord engagement, document readiness, coordinated entry referrals, housing application support, and client stabilization efforts connected to permanent and interim housing opportunities. This is a full-time Emeryville dedicated position.
Work Plan
Operation Dignity proposes a housing-focused outreach and stabilization model centered on individualized support for individuals experiencing homelessness in Emeryville. The following are components of their work plan:
▪ Outreach Coordination: Regular field deployment throughout Emeryville to conduct proactive outreach engagement, service referrals, transportation assistance, wellness checks and emergency response coordination.
▪ Housing Navigation: Dedicated housing focused support services including housing search assistance, landlord partnership and engagement, housing application support, documentation readiness, coordinated entry referrals, referrals connected to interim shelter, emergency temporary housing opportunities, stabilization planning and connection to interim and permanent housing opportunities.
▪ CES Coordination: Work within the Alameda County CES framework and coordinate with the Housing Resource Centers, mobile access teams, housing providers and regional homeless response partners. Utilize HMIS to assist eligible clients with accessing CES for housing-focused assessments, referrals, and stabilization services.
▪ Rapid Rehousing & Housing Stabilization Support: Coordinate activities related to housing search support, landlord engagement, move-in coordination, stabilization planning and on-going housing retention for eligible clients to ensure long-term housing stability.
▪ Emerging Needs: Provide flexible financial assistance to address urgent individualized needs of unhoused individuals.
▪ Imminent Risk Housing Support: Provide short-term emergency support to those at imminent risk of becoming homeless.
Professional Services Contract with Operation Dignity
City Council Meeting | September 1, 2026
▪ School and Family Coordination: Support coordinated efforts with Emeryville Unified School District (EUSD), regarding referrals and homeless prevention resources to support family stabilization and reduce barriers to accessing services and housing resources. Participate in a quarterly meeting with City and EUSD. ▪ Opioid Response and Harm Reduction Support: Overdose prevention education, referrals to substance abuse and behavioral health resources, Narcan coordination, and linkage to healthcare and recovery-oriented support based on clients’ needs and willingness to engage in services.
RFP Response Evaluation
Operation Dignity’s proposal was evaluated by a selection committee composed of City staff from the Community Development Department, Police Department, and City Manager’s Office, as these departments (in addition to the Public Works Department) are the most involved with the implementation of the Homeless Strategy. The selection committee evaluated Operation Dignity’s proposal using the following criteria:
▪ Experience providing homeless outreach, housing navigation, case management or related homeless support services
▪ Experience working with cities, counties or other public agencies ▪ Organizational qualifications and staffing capacity sufficient to perform the Scope of Work
▪ Completeness and responsiveness to RFP requirements
▪ Ability to communicate and coordinate effectively with clients, partner agencies, and service providers
▪ Success assisting individuals experiencing homelessness and placing clients into housing
▪ Knowledge of CES, housing navigation and industry best practices ▪ Ability to maintain accurate client records, case files and program documentation ▪ Ability to meet contract budget, invoice, and reporting requirements ▪ Proposed costs are reasonable and consistent with scope of work and available funding
The strengths of Operation Dignity’s proposal include:
▪ Relevant experience with providing related homeless outreach, housing navigation, and case management services
▪ Experience and familiarity in working in Emeryville and Oakland, which allows Operating Dignity to identify possible overlap amongst clients moving between the two cities
▪ Sufficient staffing capacity
For these reasons, staff recommends entering into contract with Operation Dignity for the requested services.
FISCAL IMPACT
Funding for homeless support services is available from the Affordable Housing Fund budget for Homeless Services (Account 299-87420). For Fiscal Year 2026-2027, the Professional Services Contract with Operation Dignity
City Council Meeting | September 1, 2026
proposed contract with Operation Dignity will also utilize $40,000 from Opioid Settlement Fund (Account 219-84720) and $50,000 from the Housing Successor Fund (Account 298- 84720) as proposed in the attached resolution. A breakdown of funds allocated to this program is outlined in tabular form below.
Fund Account FY2026-27 FY2027-28 FY2028-29 Total
219 87420 40,000 40,000 40,000 120,000
299 87420 255,000 269,750 285,238 809,988
298 87420 50,000 52,500 55,125 157,625
Total 345,000 362,250 380,363 1,087,613
The attached resolution also authorizes an amendment of the City’s FY2026-2027 operating budget to increase revenue and expenditures, as outlined below in tabular form:
Increased Revenue FY26/27 Increased Expenditures FY26/27 Fund 219 Opioid Settlement Fund Revenue Fund 219 Opioid Settlement Fund Expenditures Account Title Original
Budget
Change Revised
Budget
Account Title Original
Budget
Change Revised
Budget
62650 Other
Revenue
0 42,141 42,141
56000 Investment
Earnings
3,158 0 3,158
87420 Homeless
Program
0 40,000 40,000
Fund 219
Total Revenue
3,158 42,141 45,299 Fund 219 Total
Expenditures
0 40,000 40,000
Fund 298 Housing Successor Fund Expenditures
Account Title Original
Budget
Change Revised
Budget
87420 Homeless
Program
0 40,000 40,000
Fund 298 Total
Expenditures
0 40,000 40,000
The contract’s continuation through Fiscal Year 2027-28 and Fiscal Year 2028-29 is contingent upon the City’s inclusion of sufficient funding in those years’ operating budgets.
STAFF COMMUNICATION WITH THE PUBLIC
There has been no communication with the public on this issue.
CONFLICT OF INTEREST
None.
CONCLUSION
Operation Dignity is an established and well-respected homeless service provider in the region and has been working cooperatively with the City as the primary homeless outreach support service provider for the past six years. The proposed contract will Professional Services Contract with Operation Dignity
City Council Meeting | September 1, 2026
provide continuity of services in supporting Emeryville’s unhoused population. Staff recommend the City Council adopt the attached resolution, authorizing the City Manager to execute the Professional Service Contract with Operation Dignity, in substantial form as attached as Exhibit A to the resolution.
PREPARED BY: Valerie Bernardo, Economic Development and Housing Manager
ATTACHMENTS
▪ Draft Resolution, including
➢ Exhibit A – Professional Service Contract with Operation Dignity RESOLUTION NO.
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EMERYVILLE
AUTHORIZING THE CITY MANAGER TO EXECUTE A PROFESSIONAL SERVICES CONTRACT WITH OPERATION DIGNITY, INC. TO PROVIDE HOMELESS SUPPORT SERVICES IN AN AMOUNT NOT TO EXCEED $345,000 FOR FISCAL YEAR 2026- 2027, $362,250 FOR FISCAL YEAR 2027-2028, AND $380,363 FOR FISCAL YEAR 2028-2029 FOR A TOTAL CONTRACT AMOUNT NOT TO EXCEED $1,087,613, AND AMENDING THE FISCAL YEAR 2026-2027 OPERATING BUDGET TO INCREASE REVENUE IN FUND 219 (OPIOID SETTLEMENT FUND) BY $42,141 AND INCREASE EXPENDITURES IN FUND 219 (OPIOID SETTLEMENT FUND) BY $40,000 AND INCREASE EXPENDITURES IN FUND 298 (HOUSING SUCCESSOR FUND) BY $50,000
WHEREAS, on May 15, 2018, the City Council adopted Resolution No. 18-47 updating the City of Emeryville Homeless Strategy (“Homeless Strategy”); and WHEREAS, in order to implement the objectives of the Homeless Strategy, the City requires assistance with homeless outreach, case management, and administration of rapid re-housing Services (together, “Homeless Outreach and Housing Navigation Services); and
WHEREAS, on May 1, 2026, the City issued a Request for Proposals (“RFP”) for assistance with Homeless Outreach and Housing Navigation Services, and one organization submitted a proposal in response to the RFP on or before the required submittal deadline of May 22, 2026; and
WHEREAS, City staff reviewed the submitted written response materials, and evaluated the proposal based on evaluation criteria set forth in the RFP; and WHEREAS, based on the evaluation, Operation Dignity (“Contractor”) was determined to be meet the requirements of the RFP and is recommended by City staff to be awarded the contract to provide Homeless Outreach and Housing Navigation Services to the City; and
WHEREAS, City staff have determined that Opioid Settlement Funds (Fund 219) may be used to support the portion of Contractor’s scope of work associated with providing community support services and wrap around services in support of people experiencing homelessness with an Opioid Use Disorders or Substance Use Disorder; and WHEREAS, City staff have determined that Housing Successor Funds (Fund 298) may be used to support the portion of Contractor’s scope of work associated with Rapid Rehousing services; now, therefore, be it
RESOLVED, that the City Council of the City of Emeryville hereby authorizes the City Manager to execute a Professional Services Contract between the City of Emeryville and Operation Dignity, in substantial form as attached as Exhibit A to this Resolution, with a term through June 30, 2029 and for amounts not to exceed the following per fiscal year:
Resolution No. _____
Professional Services Contract with Operation Dignity
City Council Meeting | September 1, 2026