City of Piedmont
COUNCIL AGENDA REPORT
DATE: October 6, 2025
TO: Mayor and Council
FROM: Rosanna Bayon Moore, City Administrator
SUBJECT: Consideration of a One-Year Memoranda of Understanding between the City of Piedmont and the International Association of Firefighters, Local 2683 / the City of Piedmont and the Piedmont Firefighters Local 2683, IAFF – Fire Captain Bargaining Unit; and Four-Year Memoranda of Understanding between the City of Piedmont and the Service Employees International Union (SEIU), Local 1021, General Bargaining Unit and Public Works Unit
______________________________________________________________________________
RECOMMENDATION
By separate motions, approve Memoranda of Understanding (MOUs) between the City of Piedmont and the following labor groups:
• International Association of Firefighters, Local 2683 (“IAFF Firefighters”) representing the City’s Firefighters-EMT, Firefighter Engineer, and Firefighter Paramedics, effective July 1, 2025 through June 30, 2026;
• International Association of Firefighters, Local 2683 (“IAFF Fire Captains”) representing the City’s Fire Captains, effective July 1, 2025 through June 30, 2026; • Service Employees International Union (SEIU), Local 1021 – General Employees Unit, effective July 1, 2025 through June 30, 2029;
• Service Employees International Union (SEIU), Local 1021 – Public Works Unit, effective July 1, 2025 through June 30, 2029.
Authorize the City Administrator to execute said MOUs; Authorize the City Attorney to make non-substantive changes to finalize the MOUs.
BACKGROUND
• IAFF
The City and the IAFF Firefighters most recent MOU expired on June 30, 2025. Over the past approximately six months, the City and the IAFF Firefighters have met and conferred in good faith to reach agreement on a successor MOU. On June 30, 2025, the City and IAFF Firefighters reached a tentative agreement on terms and conditions for a new one-year MOU ending June 30, 2026. On August 27, 2025, IAFF Firefighters notified the City that the tentative agreement was ratified. A summary of the new terms are outlined below and included in the attached MOU:
• One year term from July 1, 2025 to June 30, 2025.
• Salary increase of 3.25% effective July 1, 2025.
• Healthcare: Modest increases to the City’s healthcare benefits for current and retired employees.
• Juneteenth added as a paid holiday.
• Bereavement Leave: Update to comply with California law effective January 1, 2025. • Retroactivity of applicable terms to July 1, 2025.
In addition, IAFF Fire Captains reached a tentative agreement on August 28, 2025, and the City was notified on September 10, 2025 that the tentative agreement was ratified for a new one-year MOU ending June 30, 2026, with the same terms and conditions as the IAFF Firefighters. • SEIU:
The City’s and SEIU, Local 1021 most recent MOUs expired on June 30, 2025. Over the past approximately five (5) months, the City and SEIU have met and conferred in good faith to reach agreement on successor MOUs for both bargaining units. On August 11, 2025, the City and SEIU reached a tentative agreement for the General Unit on terms and conditions for a new fouryear MOU ending June 30, 2025. On September 4, 2025, the General Unit ratified the tentative agreement. A summary of the new terms are outlined below and included in the attached proposed MOU:
• Four-year term from July 1, 2025 to June 30, 2029.
• Salary increases:
o 3.25% effective July 1, 2025.
o 3.0% effective July 1, 2026, July 1, 2027 and July 1, 2028. o Equity adjustment for Police Dispatcher of 3.85%.
• Healthcare: Modest increases to the City’s healthcare benefits for current and retired employees.
• Juneteenth added as a paid holiday.
• Bereavement Leave: Update to comply with California law effective January 1, 2025. • The MOU also includes various clean up language revisions to help administer the MOU in line with City policy and CalPERS.
• Retroactivity of applicable terms to July 1, 2025.
On September 17, 2025, the City and SEIU Public Works Unit also reached a tentative agreement on terms and conditions for a new four-year MOU ending June 30, 2029. On September 19, 2025, the Public Works Unit ratified the tentative agreement. A summary of the new terms are outlined below and included in the attached proposed MOU:
• Four-year term from July 1, 2025 to June 30, 2029.
Agenda Report Page 1
• Salary increases:
o 3.25% effective July 1, 2025.
o 3.0% effective July 1, 2026, July 1, 2027 and July 1, 2028. o Equity adjustment for Sr. Maintenance Worker of 2.75%. • Healthcare: Modest increases to the City’s healthcare benefits for current and retired employees.
• Juneteenth added as a paid holiday.
• Stand-By Pay: Change stand-by pay during the weekday to $100, and on the weekend to $140 per day.
• Bereavement Leave: Update to comply with California law effective January 1, 2025. • The MOU also includes clean-up language to Section 7.11, per CalPERS audit.
ATTACHMENTS
#1 – Draft MOU between the City and IAFF, Piedmont Firefighters, July 1, 2025 to June 30, 2026 redlined.
#2 - Draft MOU between the City and IAFF, Piedmont Fire Captains, July 1, 2025 to June 30, 2026 redlined.
#3 - Draft MOU between the City and SEIU, General Employees Unit, July 1, 2025 to June 30, 2029 redlined.
#4 - Draft MOU between the City and SEIU, Public Works Unit, July 1, 2025 to June 30, 2029 redlined.
By: Charley Howard, Negotiator
Stacy A. Jennings, Human Resources Administrator
Agenda Report Page 2
MEMORANDUM OF UNDERSTANDING
BETWEEN
THE CITY OF PIEDMONT
AND
PIEDMONT FIREFIGHTERS, LOCAL 2683, IAFF
July 1, 20251 – June 30, 20265
Piedmont Firefighters City of Piedmont
Attachment #1 Agenda Report Page 3
Piedmont Firefighters City of Piedmont
TABLE OF CONTENTS
PREAMBLE ................................................................................................................................................ 3 SECTION 1 - RECOGNITION ................................................................................................................. 4 SECTION 2 - NO DISCRIMINATION .................................................................................................... 5 SECTION 3 - UNION SECURITY AND RIGHTS ................................................................................. 6 SECTION 4 – CITY RIGHTS ................................................................................................................... 9 SECTION 5 - UNION REPRESENTATIVES ....................................................................................... 10 SECTION 6 - NO STRIKE ...................................................................................................................... 11 SECTION 7 - SALARIES ........................................................................................................................ 12 SECTION 8 - RETIREMENT BENEFITS ............................................................................................ 14 SECTION 9 - HOURS OF WORK, SHIFTS AND SCHEDULES ...................................................... 16 SECTION 10 - HOLIDAYS ..................................................................................................................... 18 SECTION 11 - VACATIONS .................................................................................................................. 19 SECTION 12 - SICK LEAVE .................................................................................................................. 20 SECTION 13 - LEAVE OF ABSENCE .................................................................................................. 22 SECTION 14 - HEALTH AND WELFARE .......................................................................................... 25 SECTION 15 - UNIFORM ALLOWANCE ....................................................................................... 2929 SECTION 16 - PROBATION .............................................................................................................. 3030 SECTION 17 - RESIGNATION AND REINSTATEMENT ............................................................ 3131 SECTION 18 - LAYOFF ...................................................................................................................... 3232 SECTION 19 - DISCIPLINE OR DISCHARGE ............................................................................... 3333 SECTION 20 - PERSONNEL FILES ................................................................................................. 3434 SECTION 21 - GRIEVANCE PROCEDURE .................................................................................... 3535 SECTION 22 - SAFETY ...................................................................................................................... 3737 SECTION 23 - GENERAL PROVISIONS ......................................................................................... 3838 SECTION 24 - EDUCATION ALLOWANCE .................................................................................. 4040 SECTION 25 - CERTIFICATION AND TRAINING ....................................................................... 4141 SECTION 26 - PAST PRACTICES AND EXISTING MEMORANDA OF UNDERSTANDING ................................................................................................................................................................ 4242 SECTION 27 - LIMITED DUTY WORK .......................................................................................... 4343 SECTION 28 – RESIDENCY REQUIREMENTS ............................................................................ 4444 SECTION 29 - SAVINGS CLAUSE ................................................................................................... 4545 SECTION 30 – TERM OF AGREEMENT ........................................................................................ 4646 Attachment #1 Agenda Report Page 4
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MEMORANDUM OF UNDERSTANDING
BETWEEN
THE CITY OF PIEDMONT
AND
PIEDMONT FIREFIGHTERS, LOCAL 2683, IAFF
PREAMBLE
This Memorandum of Understanding (“MOU”) is entered into by and between the City of Piedmont, a political subdivision (hereinafter the "City") and Piedmont Firefighters, Local 2683, IAFF (hereinafter the "Union") on behalf of all employees in the bargaining unit represented by the Union.
Attachment #1 Agenda Report Page 5
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SECTION 1 - RECOGNITION
The City recognizes the Union as the exclusive bargaining representative for a bargaining unit comprised of full-time permanent and probationary Firefighters, Engineers and Lieutenants.
Attachment #1 Agenda Report Page 6
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SECTION 2 - NO DISCRIMINATION
The City shall not interfere with, restrain, coerce, or discriminate in any way against any bargaining unit employee by reason of membership in the Union, exercise of rights as a Union member, or activities approved by this Agreement. Nor will the City discourage membership in the Union or encourage membership in any other employee organization.
The Union recognizes its responsibility as exclusive representative and agrees to represent all bargaining unit employees without discrimination, interference, restraint, or coercion.
The provisions of this Agreement shall be applied equally to all bargaining unit employees without discrimination as to age, race, color, national origin, ancestry, sex, gender, gender identity, gender expression, disability, medical condition, religion, military and veteran status, sexual orientation, marital status, or political affiliation.
Attachment #1 Agenda Report Page 7
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SECTION 3 - UNION SECURITY AND RIGHTS
3.1 Dues Deductions
Employees may voluntarily join the Union and authorize individual payroll deductions for dues, initiation fees, and general assessments, as well as any other membership benefit program sponsored by the Union (hereinafter collectively "dues deductions"). The Union shall be responsible for maintaining records of bargaining unit employees who provide written consent to join the Union and authorize dues deductions. The Union shall certify to the City the identity of such members and the amount of the dues deductions to be withheld from their paychecks.
The City shall deduct from the Union paychecks of each employee who voluntarily authorizes dues deductions as certified by the Union, or pursuant to an authorization form tendered to the City by the Union or the employee, the total amount of dues certified by the Union per month. The City shall promptly remit the total amount deducted, together with a list identifying each employee from whom a deduction was made, to the Secretary-Treasurer of the Union as the person authorized to receive such funds. The Union shall specify the address by which the City shall forward the dues deductions.
The employee's earnings must be sufficient, after all other required donations are made, to cover the amount of the deductions herein authorized. When an employee is in a non-pay status for an entire pay period, no withholdings will be made to cover that pay period from future earnings nor will the employee deposit the amount with the City which would have been withheld if the employee had been in pay status during that period. In the case of an employee who is in a non-pay status during a part of the pay period, and the salary is not sufficient to cover the full withholdings, no deduction shall be made. In this connection, all required deductions have priority over the Union deduction.
If an employee desires to revoke, cancel or change their prior dues deduction authorization, the City shall direct the employee to the Union. Any such dues deduction, revocation cancellation, and/or change shall be effective only when submitted by the Union to the City and is subject to the terms and conditions set forth in the original payroll deduction/authorization.
The City will implement any change to a bargaining unit employee’s payroll deductions during the first full pay period following notification of such change by the Union.
The Union shall indemnify, defend and hold the City harmless against any and all claims, demands, suits, proceedings, or court orders, or any other liability that may arise out of or by reason of action taken or not taken by the City for the purpose of complying with any of the provisions of this dues deduction agreement.
3.2 Insurance Deductions
Upon receipt of written authorization from the employee, the City shall deduct from the employee's paycheck the amounts specified for payment of insurance premiums the employee has elected to participate in through the Union.
Attachment #1 Agenda Report Page 8
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3.3 Bulletin Boards
The City shall provide suitable space for bulletin boards in City fire stations. The Union shall provide bulletin boards no larger than 30" x 40." The Union shall be allowed to use such bulletin boards for communications having to do with official Union business.
3.4 Use of City Facilities
The Union, including representatives and bargaining unit employees, in accordance with established City policies, may be granted the use of City facilities for meetings of bargaining unit employees provided space is available.
The use of City equipment other than items normally used in the conduct of business meetings, such as desks, chairs, and blackboards, is strictly prohibited unless written approval is received in advance from the City.
3.5 Advance Notice
Except in cases of emergency, reasonable advance written notice shall be given to the Union if affected by any ordinance, rule, resolution or regulation relating to matters within the scope of representation proposed to be adopted by the City Council, by any board or commission of the City, or by any department, and the Union shall be given the opportunity to meet with such body prior to adoption. In cases of emergency when City management determines that an ordinance, rule, resolution or regulation must be adopted immediately without prior notice or meeting with the Union, City management shall provide such notice and opportunity to meet at the earliest practical time following the adoption of each ordinance, rule, resolution or regulation. Emergency shall be defined as “an unforeseen situation calling for immediate action.”
3.6 Access to Work Locations
Reasonable access to employee work locations shall be granted officers of the Union and their officially designated representatives, for the purpose of processing grievances or contacting members of the Union concerning business within the scope of representation.
Such officers or representatives shall not enter any work location without the consent of the Fire Chief or designated representative. Prearrangement for routine contact may be made by agreement between the Union and the Fire Chief or the Fire Chief’s designated representative. Access shall be restricted so as not to interfere with the normal operations of the Department or with established safety or security requirements. Solicitation of membership and activities concerned with the internal management of the Union, such as collecting dues, holding membership meetings, campaigning for office, conducting elections and distributing literature shall not be conducted during working hours unless approved in advance by the Fire Chief or designated representative.
3.7 Employee Information
The City shall provide the Union President and Union Secretary-Treasurer with a digital file via email containing the name, job title, department, work location, work, home and personal cellular telephone number, personal email addresses on file with the employer, and home address of any newly hired employee in bargaining unit classifications represented by the Union within thirty (30) days of the date of hire or by the first pay period Attachment #1 Agenda Report Page 9
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of the month following hire. The City shall also provide the Union representatives with a list of that same information for all existing unit employees at least every 120 days.
Attachment #1 Agenda Report Page 10
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SECTION 4 – CITY RIGHTS
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 by the City Charter, except as specifically limited, abridged or relinquished by the terms of this MOU.
Attachment #1 Agenda Report Page 11
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SECTION 5 - UNION REPRESENTATIVES
City employees who are official representatives or unit representatives of the Union shall be given reasonable time off with pay to attend meetings with management representatives, or to be present at hearings where matters within the scope of representation or grievances are being considered.
The use of official time for this purpose shall be reasonable and shall not interfere with the performance of City services as determined by the Fire Chief. Such employee representatives shall notify the Fire Chief or the Fire Chief’s designated representative, at least two (2) working days prior to the scheduled meeting whenever possible. Except by mutual agreement, the number of employees excused for such purposes shall not exceed a total of three (3).
Attachment #1 Agenda Report Page 12
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SECTION 6 - NO STRIKE
The Union, its members and representatives, agree that they will not engage in, authorize, sanction, or support any strikes, slowdown, stoppage of work, curtailment of production, concerted refusal to work overtime, refusal to operate designated equipment (provided such equipment is safe and sound), or to perform customary duties during the term of this MOU.
Attachment #1 Agenda Report Page 13
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SECTION 7 - SALARIES
7.1 Salary Ranges
7.1.1 Rates of Pay
During the term of this MOU, the rates of pay shown in Appendix A reflect the following increases:
• 3.25% effective July 1, 20251;
• 3% effective July 1, 2022;
• 3.25% effective July 1, 2023;
• 3.25% effective July 1, 2024.
Initial appointments shall normally be made at the lowest step or rate of pay. Upon approval of the City Administrator, such appointments may be made at the second or third step when justified upon consideration of the difficulty of locating qualified personnel and an appointee's experience, education, knowledge of particular duties required, personal fitness for the position, and such other criteria as may be reasonably related to such preferential consideration on the basis of merit.
7.2 Fire Engineer Premium Pay
Bargaining unit employees appointed as Fire Engineers receive additional compensation equal to five percent (5%) above the employee’s Firefighter step at the time of appointment. A Firefighter who wishes to be considered for appointment to the Fire Engineer class must complete their probationary period as a Firefighter, hold a State Firefighter II certificate, and satisfy all state mandated licensing requirements to drive fire apparatus. Firefighters appointed as Fire Engineers shall receive the five percent (5%) premium pay at the beginning of the pay period immediately following their appointment as a Fire Engineer. The City shall designate a minimum of three (3) Fire Engineers (one (1) per shift).
7.3 Paramedic Premium Pay
At the Fire Chief’s sole discretion, the Fire Chief may designate bargaining unit employees as Firefighter/Paramedic. Employees so designated must possess and maintain valid certification as a Paramedic.
An employee designated as Paramedic shall receive additional compensation equal to twelve percent (12%) above their base pay in their classification as long as the employee is designated as Paramedic.
The number of employees designated as Paramedics shall be at the sole and exclusive discretion of the City, but shall be at least nine (9) employees. In the event of a reduction in the number of Paramedics, the Paramedic with the least amount of service with the City shall be removed from the Paramedic assignment.
Attachment #1 Agenda Report Page 14
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The City shall pay the cost of required training, tape reviews and recertification expenses for employees assigned as Paramedics. Scheduling for training, tape reviews and recertification requirements shall be approved by the Fire Chief. Whenever possible, such scheduling shall be accomplished while the employee is on duty.
7.4 Acting Pay
Whenever a temporary vacancy occurs in a higher paid classification due to the temporary absence of an incumbent employee, and the City determines the position should be filled, a qualified bargaining unit employee may be assigned by the Fire Chief to work in the higher paid classification. The employee assigned to working in the higher classification shall be paid at the lowest step of the classification to which the employee is temporarily assigned that is above the employee’s current rate of pay. Employees assigned such duties shall receive the higher rate of pay only when the assignment is for a minimum of eight (8) hours.
Attachment #1 Agenda Report Page 15
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SECTION 8 - RETIREMENT BENEFITS
8.1 Retirement Plans
8.1.1 Employees Hired Before December 5, 2012 (Tier 1)
Bargaining unit employees hired prior to December 5, 2012, will be provided the CalPERS 3% @ 50 local safety plan with the 12-month final compensation period.
Such employees shall continue paying the CalPERS-established employee contribution towards the cost of the CalPERS 3%@50 local safety plan, which is currently 9%. In addition, bargaining unit employees receiving the CalPERS 3%@50 local safety plan will continue paying an additional 0.6085% for their pension benefit.
The Union and the City previously agreed that if the City’s total employer contribution rate for Tier 1 employees is more than 18.921%, the amount above
18.921% will be shared equally between the City (50%) and the Tier 1 employees (50%) (“Employer Contribution Rate Formula”). The Union and the City agree that this Employer Contribution Rate Formula shall continue upon the expiration of this Memorandum of Understanding.
For Tier 1 employees, the total employee contribution maximum cap shall not exceed 21.147% (“Maximum Cap”). This 21.147% Maximum Cap includes: (a) The existing 9% employee contribution; (b) The existing 0.6085% additional employee contribution; and (c) Any additional cost sharing of the employer contribution that may result from application of the Employer Contribution Rate Formula. The Maximum Cap of 21.147% shall continue upon the expiration of this Memorandum of Understanding, except employees shall be required to pay any increases to the CalPERS-established employee contribution amount.
8.1.2 Employees Hired On or After December 5, 2012 and Before January 1, 2013, and Employees Hired On or After January 1, 2013 With Pension Reciprocity (Tier 2)
Bargaining unit employees hired on or after December 5, 2012 and before January 1, 2013, and employees hired on or after January 1, 2013 with pension reciprocity (i.e., “classic” employees), will be provided the CalPERS 2% @ 50 local safety plan with the 36-month final compensation period. Such employees shall pay the CalPERS-established employee contribution rate for the CalPERS 2% @ 50 local safety plan, which is currently 9%.
The Union and the City previously agreed that if the City’s total employer contribution rate for Tier 2 employees is more than 18.921%, the amount above
18.921% will be shared equally between the City (50%) and the Tier 2 employees (50%) (“Employer Contribution Rate Formula”). The Union and the City agree Attachment #1 Agenda Report Page 16
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that this Employer Contribution Rate Formula shall continue upon the expiration of this Memorandum of Understanding.
For Tier 2 employees, the total employee contribution maximum cap shall not exceed 12% (“Maximum Cap”). This 12% Maximum Cap includes: (a) The existing 9% employee contribution; and (b) Any additional cost sharing of the employer contribution that may result from application of the Employer Contribution Rate Formula. The Maximum Cap of 12% shall continue upon the expiration of this Memorandum of Understanding, except employees shall be required to pay any increases to the CalPERS-established employee contribution amount.
8.1.3 Employees Hired On or After January 1, 2013 Without Pension Reciprocity (Tier 3)
Bargaining unit employees hired on or after January 1, 2013 without pension reciprocity (i.e., “new” members) will be provided the CalPERS 2.7% @ 57 local safety plan with the 36-month final compensation period. Such employees shall pay 50% of the normal cost for the 2.7% @ 57 local safety plan as established by CalPERS.
8.1.4 Employee Contributions
Employee contributions towards the cost of their respective CalPERS pension benefits will be deducted from CalPERS reportable compensation prior to the calculation and deduction of federal and state income taxes as provided in IRS Code Section 414(h)(2).
The City shall continue providing all optional benefits as set forth in the City’s contract with CalPERS as of the date of this MOU.
Attachment #1 Agenda Report Page 17
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SECTION 9 - HOURS OF WORK, SHIFTS AND SCHEDULES
9.1 Work Day
The normal workday for bargaining unit employees shall be a single 24-hour shift. The 24- hour shift applies to daylight savings time changes in the fall and spring.
9.2 Work Schedule and Work Period
The normal work schedule for bargaining unit employees is a 48/96 schedule (48 hours on duty followed by 96 hours off duty). The work schedule shall consist of eight (8) twentyfour (24) hour on-duty periods within a twenty-four (24) day cycle. A normal work schedule shall consist of two (2) consecutive twenty-four (24) hour shifts for a total of forty-eight (48) consecutive hours, followed by ninety-six (96) consecutive hours off within a six (6) day cycle. This schedule results in an average workweek of 56 hours. A typical work period shall be twenty-four (24) days containing four (4) such six (6)-day cycles. If for any reason the Fire Chief deems it necessary to implement another work schedule, the Fire Chief shall give written notice to the Union, and explain the reasons for the proposed schedule change. The Union shall have thirty (30) days to respond, and meet with the Fire Chief. Thereafter, the Fire Chief may change the work schedule as proposed.
9.3 Employee Schedule
Employees may not perform work outside their scheduled hours without prior approval from the Fire Chief. In cases of anticipated emergency, employees shall report their emergency work to the Fire Chief as soon as possible after performing the emergency work.
9.4 Overtime
Overtime work shall be defined as all work performed in excess of the normal work schedule set forth in Sections 9.1 or 9.2 of this MOU. Overtime work will be compensated at the rate of one and one-half (1 1/2) times the employee’s regular straight-time hourly rate. An employee’s regular straight-time hourly rate is calculated by dividing the employee’s annual salary for their regularly scheduled hours by 2912 hours (56 hours per week x 52 weeks per year).
9.5 Extra Duty and Call Back
An extra duty roster shall be prepared and posted. The Fire Chief will determine rotation and policy with respect to extra duty assignments.
Call back is defined as a return to work from off duty status. Employees shall receive a minimum of four (4) hours compensation for any call back.
Extra duty and call back shall be compensated at the employee’s regular straight-time hourly rate or at one and one-half (1 1/2) times the employee’s regular straight-time hourly rate as applicable.
9.6 Subpoena/Witness Pay
Employees who are subpoenaed by a governmental agency to appear or testify in any legal or administrative proceeding about a matter within the course and scope of their employment shall be granted time off without loss of pay or benefits in order to comply with the subpoena. An off-duty employee who is subpoenaed to appear in any legal or Attachment #1 Agenda Report Page 18
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administrative proceeding in which the City is a party shall be compensated at one and onehalf (1-1/2) times the employee’s regular straight-time hourly rate for all hours the employee is so ordered to appear.
Attachment #1 Agenda Report Page 19
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SECTION 10 - HOLIDAYS
The following holidays are recognized:
New Year's Day Columbus Day (Floating holiday)
Martin Luther King Jr. Birthday Veterans Day
President’s Day Thanksgiving Day
Memorial Day Day after Thanksgiving Day
Juneteenth Christmas Day
Independence Day Member's Birthday Christmas Day
Labor Day Member's Birthday
Bargaining unit employees shall receive twelve (12) hours of holiday pay at their regular straighttime hourly rate for all recognized holidays, unless the employee is on leave of absence or serving a disciplinary suspension on the holiday. Employees shall receive holiday pay in the paycheck immediately following the holiday.
Employees assigned to limited duty work in accordance with Article 276 of this MOU shall elect to receive either (but not both) a day off on the holiday or eight (8) hours of holiday pay.
If the City grants any additional holidays to employees in another bargaining unit, the City will meet and confer with the Union about adding additional holidays.
Attachment #1 Agenda Report Page 20
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SECTION 11 - VACATIONS
11.1 Accrual
Vacation leave shall accrue at the following rates for bargaining unit employees working a 56-hour workweek:
0 - 60 months service 6 hours per pay period
61 - 96 months service 7 hours per pay period
97 - 144 months service 8 hours per pay period
145 - 192 months service 9 hours per pay period
193 - 240 months service 10 hours per pay period
241 months service and over 11 hours per pay period
11.2 Annual Vacation Selection
Employees may begin using accrued vacation leave following six (6) months of service.
Employees must have sufficient accrued vacation leave on the books to cover any requested vacation.
Employees select vacation days each December for the subsequent calendar year based on seniority regardless of rank. Employees select vacation days in separate rounds so that each employee is afforded the opportunity to choose vacation days before employees are permitted to select additional vacation days. Once all employees have selected their initial vacation days, employees may request additional vacation days during subsequent rounds of the selection process. Employees must select single contiguous vacation periods of one or more days during each round of the selection process. If vacation days remain or become available following the annual vacation selection process in December, employees may request additional vacation days during the calendar year on a first come first served basis.
All vacation schedules must be approved by the Fire Chief or designee. The granting of vacation requests must not interfere with the efficient operation of the Department.
11.3 Vacation Accumulation
Bargaining unit employees may accrue and maintain a maximum vacation leave balance equal to two (2) years’ vacation accrual at any time. Employees may take only that vacation which has accrued at the time the vacation is taken.
11.4 Vacation Sell-Back
Employees may sell back to the City up to one hundred and twenty (120) accumulated hours of vacation leave each City fiscal year (from July 1 to June 30), provided the employee retains at least ninety-six (96) hours of vacation leave on the books after the sellback.
Attachment #1 Agenda Report Page 21
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SECTION 12 - SICK LEAVE
12.1 Accrual Rate
Bargaining unit employees shall earn sick leave benefits at the rate of twenty-four (24) hours for each month of employment.
12.2 Sick Leave Conversion/Incentive Program
Effective April 1, 1997, the City amended its contract with CalPERS to add Credit for Unused Sick Leave in accordance with Government Code Section 20965 of the California Public Employees’ Retirement Law. This provision allows employees to add .004 years of service credit for each unused day of sick leave.
12.3 Usage
Employees are entitled to use their earned sick leave benefits to be off work without the loss of compensation under the following conditions:
A. For the employee's own illness or injury or for the illness or injury of the employee’s family member. For purposes of this Section, “family member” is defined as a biological, adopted, or foster child; stepchild; legal ward, or a child to whom the employee stands in loco parentis; a biological, adoptive, or foster parent; stepparent, or legal guardian of an employee or the employee’s spouse or registered domestic partner, or a person who stood in loco parentis when the employee was a minor child; spouse; registered domestic partner; grandparent; grandchild; or sibling.
B. For the employee's receipt of required medical or dental care or consultation or for the required medical or dental care or consultation of the employee’s family member.
C. For employees who are victims of domestic violence, sexual assault or stalking as specified in state law.
D. The Fire Chief may require medical certification or other substantiating evidence of illness for any period for which such leave is sought. Such requests shall not be made on an arbitrary or discriminatory basis.
E. Each hour of illness or injury shall be deducted from the employee's accumulated sick leave benefits.
F. Employees shall be entitled to use a maximum of 144 hours of accumulated sick leave in any calendar year to attend to the illness of a sick family member as defined in Section 12.3(A).
*A registered domestic partnership requires filing an Affidavit of Domestic Partnership with the Secretary of State.
Attachment #1 Agenda Report Page 22
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12.4 Catastrophic Leave
Bargaining unit members may participate in the City’s Catastrophic Leave program, subject to and in accordance with the City of Piedmont Personnel Rules 12(U). Personnel Rules 12(U) is attached as Appendix B and incorporated into this Agreement.
Attachment #1 Agenda Report Page 23
Piedmont Firefighters City of Piedmont
LA #4814-1392-5567 v1
SECTION 13 - LEAVE OF ABSENCE
13.1 Industrial Disability Leave
Bargaining unit employees who become disabled by a work-related injury or illness as defined by California Worker’s Compensation law shall be entitled to a leave of absence while so disabled, without loss of compensation, for up to one (1) year or until return to work or retirement, whichever occurs first. The City reserves the right to withhold payment of any Workers’ Compensation disability benefits until such time it is determined whether or not the illness or injury is covered by Workers' Compensation.
13.2 Military Leave
Military leave shall be granted in accordance with the provisions of state and federal law.
Bargaining unit employees requesting leave for this purpose shall provide the Fire Chief, whenever possible, with a copy of the military orders specifying the dates, site and purpose of the activity or mission. Within the limits of the military orders, the Fire Chief may determine when the leave is to be taken and may modify the employee’s work schedule to accommodate the request for leave. Members should refer to City policy for additional information on military leave granted pursuant to the Family Medical Leave Act and the California Family Rights Act.
13.3 Leave of Absence Without Pay
Bargaining unit employees may be granted a leave of absence without pay for up to one (1) year with written permission from the Fire Chief and the concurrence of the City Administrator. The decision to grant or deny a leave of absence without pay or to extend a previously granted leave of absence without pay shall be final and conclusive and shall not be subject to the grievance procedure of this MOU.
A leave of absence without pay may be granted for any reason approved by the Fire Chief and the concurrence of the City Administrator. However, employees shall not engage in other gainful employment unless the Fire Chief, with the concurrence of the City Administrator, provides written authorization to do so. Employees who fail to adhere to the terms and conditions of their leave of absence may be terminated from employment.
Further, employees who fail to return to duty following a leave of absence will be considered to have constructively resigned from their position and may be separated from City service after being afforded procedural due process (Skelly rights).
Employees shall be reinstated to their former positions at the conclusion of a leave of absence without pay. An approved leave of absence without pay is not a break in service or employment, and rights accrued at the time the leave is granted are retained by the employee; however, vacation credits, sick leave credits, increases in salary, all other paid leaves, holidays and fringe benefits and other similar benefits shall not accrue to a person during the period of a leave of absence. Nor is the City required to maintain contributions toward group insurance or retirement coverage. During the period of an unpaid leave of absence under this section, all service and leave credits shall be retained at the levels existing as of the effective date of the leave.
Attachment #1 Agenda Report Page 24
Piedmont Firefighters City of Piedmont
LA #4814-1392-5567 v1
13.4 Jury Duty
Employees who are summoned for jury service in state or federal court shall receive their regular pay for the time they are absent from work in order to satisfy their jury service. The City may require proof of the time such jury service was required as a condition of receiving time off with pay and any monies received by the employee for their jury service shall be remitted to the City. Employees who are released from jury service prior to 5:00 p.m. and are not required to return for jury service the following day shall report for work for the remainder of their shift. Employees required to serve as jurors shall not have their regular starting or quitting times changed as a result of jury service.
13.5 Family Care and Medical Leave
1. Employees are entitled to unpaid family care and medical leave as provided by the Family and Medical Leave Act (“FMLA”) and the California Family Rights Act (“CFRA”), as amended. Family care and medical leave shall be provided in accordance with the FMLA, CFRA, City Personnel Rules and this MOU.
2. Employees may, solely at their option, elect to use earned sick leave and/or accrued vacation leave before leave without pay during an otherwise unpaid family care and medical leave, except that an employee may use no more than 144 hours of accrued sick leave during an otherwise unpaid FMLA/CFRA leave to care for a family member who lives with the employee. Employees continue accruing vacation, sick leave and holidays during family care and medical leave for which they elect to use paid leave.
3. The City shall maintain its contribution toward health and welfare benefits during a family care and medical leave on the same basis that the City contribution would have been provided had the employee not taken family care and medical leave.
4. Employees shall retain their employee status during family care and medical leave, and the leave shall not constitute a break in service for any purposes, except that a leave in excess of 30 days will not count toward completion of probation.
13.6 Pregnancy Disability Leave
1. Pregnant employees are entitled to an unpaid leave of up to four (4) months, as needed, for the period(s) of time they are actually disabled by pregnancy, as determined by the employee’s health care provider. Pregnancy disability leave shall be provided in accordance with state law, City Personnel Rules and this MOU.
2. Employees may, solely at their option, elect to use earned sick leave and/or accrued vacation leave before leave without pay during an otherwise unpaid pregnancy disability leave. Employees continue accruing vacation, sick leave and holidays during pregnancy disability leave for which they elect to use paid leave.
3. The City shall maintain its contribution toward health and welfare benefits during a pregnancy disability leave on the same basis that the City contribution would have been provided had the employee not taken pregnancy disability leave.
Attachment #1 Agenda Report Page 25
Piedmont Firefighters City of Piedmont
LA #4814-1392-5567 v1
4. Employees shall retain their employee status during pregnancy disability leave, and the leave shall not constitute a break in service for any purposes, except that a leave in excess of 30 days will not count toward completion of probation.
13.7 Bereavement Leave
Employees are entitled to paid leave from duty for up to two (2) shifts of paid bereavement leave for each in the case of the death of an the employee’s immediate family member.
For purposes of this provision, “immediate family” of an employee means: biological, adopted or foster child, stepchild, legal ward, or a child to whom the employee stands in loco parentis; a biological, adoptive, or foster parent, stepparent, or legal guardian of an employee or the employee’s spouse or registered domestic partner, or a person who stood in loco parentis when the employee was a minor child; spouse; registered domestic partner; grandparent; grandchild; and siblings. In addition to the two (2) shifts of paid Bbereavement Lleave, employees may use an additional three (3) shifts of leave for each instance of bereavement taken either as unpaid time or from the employee’s accrued vacation or sick leave as requested by the employee. Bereavement leave may be taken intermittently or consecutively but must be used within three (3) months of the death.
Paid bereavement leave does not accrue, has no cash value and does not accumulate over time. the Fire Chief may grant an employee’s request to use accrued vacation, in the case of the death of an immediate family member
In special cases, the Fire Chief and City Administrator may grant paid Bereavement Leave for the death of a person not included within the definition of immediate family.
All requests for Bbereavement Lleave shall be made in writing, specifying the time and date of the leave from duty.
13.8 Other Leaves
Employees are entitled to all other leaves as provided by state and federal law and City Personnel Rules.
13.9 Absence Without Leave
Employees who fail to report for duty as scheduled or fail to notify the designated management official prior to the employee's scheduled start time and provide the reason why the employee cannot report may be subject to disciplinary action.
Attachment #1 Agenda Report Page 26
Piedmont Firefighters City of Piedmont
LA #4814-1392-5567 v1
SECTION 14 - HEALTH AND WELFARE
14.1 Flexible Benefit Plan
Effective January 1, 1993, pursuant to Section 125, Section 105, Section 106 and Section 129 of the Internal Revenue Code, the City established the City of Piedmont Flexible Benefit Plan to provide taxable and non-taxable benefits to its employees and to permit employees to choose which of the benefits they wish to receive.
The City shall maintain the Flexible Benefit Plan which includes accounts for health care expenses, dependent care expenses and premium contributions. The City may pay the employer contribution toward medical premiums (less the statutorily mandated PEMHCA minimum paid directly to CalPERS) through the Flexible Benefit Plan. The parties understand that the City’s use of the Flexible Benefit Plan as a vehicle for its premium contributions does not change the City or employee’s contribution to medical insurance premiums as described in this Section 13.
14.2 Hospitalization and Medical Care
Effective January 1, 1997, the City began providing CalPERS medical program benefits to active employees and retirees in accordance with the Public Employees’ Medical and Hospital Care Act (“PEMHCA”).
14.2.1 Basic City Contribution
For all bargaining unit employees and retirees, the City pays the PEMHCA statutory minimum as determined by CalPERS under Government Code Section 22892.
14.2.2 Supplemental City Contribution
In addition to the basic City contribution, the City shall contribute a supplemental amount toward medical insurance premiums as described below.
Prior to implementation of this Section 14.2.2 and Section 14.3.1, 14.3.2, and
14.3.3, the parties understand that the City will comply with California Government Code section 7507, which requires that the City secure an actuary report and the City must present said report at a public meeting. Accordingly, Sections 14.2.2 and Sections 14.3.1, 14.3.2 and 14.3.3 will go into effect the pay period after the City has complied with California Government Code section 7507, retroactive to July 1, 2021.
The City and bargaining unit employees share the cost of medical insurance premiums. The City’s maximum contribution toward the monthly premium costs of an employee’s medical benefits is based on the 2021 CalPERS Kaiser Region 1 premiums plus fifty percent (50%) of subsequent annual premium increases for the CalPERS Kaiser Region 1 premiums.
For the 2021 plan year, Effective July 1, 2025, the City’s monthly contributions towards eligible employees’ elected medical coverage, inclusive of the basic City contribution of the PEMHCA statutory minimum contribution, are shall be as follows:
Attachment #1 Agenda Report Page 27
Piedmont Firefighters City of Piedmont
LA #4814-1392-5567 v1
Employee only: $813.641,075.49
Employee +1: $1,627.282,150.99
Employee +family: $2,796.28115.46
Each plan year, the City shall adjust its contributions towards the monthly premium costs of an employee’s medical benefits by an amount equal to fifty percent (50%) of any increase in the monthly premium rates for the CalPERS Kaiser Region 1 plan at all coverage levels (i.e., employee only, employee + 1 and employee + family). Employees are responsible for the remaining fifty percent (50%) of any premium increases for the CalPERS Kaiser Region 1 plan.
Employees selecting medical plans and coverage levels that exceed the City’s maximum contribution are responsible for paying the difference through automatic payroll deduction.
14.2.3 Opt-Out Election
An employee who has medical insurance coverage as a result of being an eligible dependent of another City employee, who has medical insurance coverage as an eligible dependent of a person employed elsewhere, or who otherwise has medical insurance coverage, may elect not to participate in the medical insurance plans offered by the City and may elect to receive $500 per month in lieu of the amount the City would otherwise contribute for medical insurance for the employee. To elect cash in lieu, the employee must sign a waiver of medical insurance coverage provided by the City and provide proof of medical insurance coverage to Human Resources annually before the end of the open enrollment period.
14.3 Retiree Medical
14.3.1 Bargaining Unit Employees Hired Before January 1, 2018 For active bargaining unit employees hired before January 1, 2018, who retire from the City while meeting the eligibility requirements for CalPERS retiree health insurance, the City shall pay directly to CalPERS the PEMHCA minimum as determined by CalPERS under Government Code Section 22892.
In addition, the City shall make available a Retiree Health Reimbursement Arrangement (HRA). Through the HRA, the City will continue to provide to eligible CalPERS annuitants monthly contributions for medical insurance premiums according to the following formula: (# of years City has contracted w/PEMHCA) x (5%) x (City’s contribution for active employees).
The City’s contribution for annuitants is adjusted annually according to this formula and the annual adjustment to the minimum monthly employer contribution cannot exceed $100.00. The amount paid by the City on behalf of annuitants and/or their eligible survivors shall increase annually under this formula until the City’s contributions for annuitants and active employees are the same.
Attachment #1 Agenda Report Page 28
Piedmont Firefighters City of Piedmont
LA #4814-1392-5567 v1
For 2021As of July 1. 2025, the City’s contributions for annuitants are as follows:
Kaiser Premium: Total
Employer
Contribution
% of Premium Retiree
Pays
Employee $813.64 $813.64 100% $0
Employee+
1 $1,627.28 $1,627.28 100% $0
Employee
+ Family
$2,115.46 $ 1,747.26 82.59% $368.20
14.3.2 Effective August 1, 2012, all bargaining unit employees who will be eligible for the retiree medical insurance benefit described in 14.3.1 will have the City reduce their pay by $50 semi-monthly by payroll deduction and have the City contribute that amount to retiree medical insurance benefits.
14.3.3 Bargaining Unit Employees Hired On or After January 1, 2018 For employees who are hired on or after January 1, 2018 and who retire from the City, the City’s maximum contribution toward CalPERS retiree medical coverage shall be the PEMHCA minimum contribution as determined by CalPERS under Government Code Section 22892. Bargaining unit employees hired on or after January 1, 2018, are not eligible for the Retiree HRA described in Section 14.3.1.
14.3 Dental
The City shall continue to provide each eligible employee and his/her eligible dependents dental care benefits under a group insurance plan at no cost to the employee. Orthodontic care is included in the group policy, and covers up to 70% of the cost for adults and children (subject to a lifetime maximum of $5,000 per person).
14.4 Life Insurance and Accidental Death and Dismemberment Insurance The City shall continue to provide each bargaining unit employee with a group term life insurance policy in an amount equal to twice the employee’s gross base annual salary, rounded to the nearest one thousand dollars ($1,000) increment, at no cost to the employee.
The City shall also continue providing each bargaining unit employee with an Accidental Death and Dismemberment insurance policy in an amount equal to twice the employee’s gross annual salary, rounded to the nearest one thousand dollars ($1,000) increment, at no cost to the employee.
Coverage:
Kaiser
Premium:
Total Employer
Contribution:
% of
Premium:
Retiree
Pays:
Retiree $1,112.90 $1,075.49 96.64% $37.41
Retiree + 1 $2,225.80 $2,150.99 96.64% $74.81
Retiree + family $2,893.54 $2,147.26 74.21% $746.28
Attachment #1 Agenda Report Page 29
Piedmont Firefighters City of Piedmont
LA #4814-1392-5567 v1
14.5 Vision Plan
The City shall continue to provide vision insurance and pay the entire premium cost for all coverage levels (i.e., employee only, employee +1 and employee +family).
14.6 Employee Assistance Plan
The City shall provide an Employee Assistance Plan at no cost to the employee.
14.7 Conversion of Salary to ICMA Deferred Compensation Employees may convert salary to deferred compensation through ICMA to the extent allowed by law. Contributions to ICMA-DC are subject to federal tax deferral regulations.
14.8 Mandated Plans
If, during the term of this MOU, any state or federal law takes effect that requires the City to provide a different level of benefits or to pay additional contributions to employees’ health care programs or to pay taxes on the City’s health benefits contributions, upon request of the City, the parties agree to reopen this Section 14.
Attachment #1 Agenda Report Page 30
Piedmont Firefighters City of Piedmont
LA #4814-1392-5567 v1
SECTION 15 - UNIFORM ALLOWANCE
In January of each year, the City shall supply the following uniform items to each member of the bargaining unit: Six (6) short sleeved t-shirts, two (2) long sleeved t-shirts, two (2) sweatpants, two (2) sweatshirts and two (2) sweat shorts.
In addition, employees shall receive $54.50 per pay period ($109 per month) for the purchase and maintenance of uniforms and items of personal equipment not supplied by the Department. (This payment includes the uniform allowance and the CalPERS contribution.) The City agrees that station duty boots are an item of safety equipment to be provided as needed by the City at no cost to bargaining unit members.
Attachment #1 Agenda Report Page 31
Piedmont Firefighters City of Piedmont
LA #4814-1392-5567 v1
SECTION 16 - PROBATION
The probationary period for original appointments shall be for a period of eighteen (18) months.
The probationary period for promotional appointments shall be for a period of six (6) months. If the probationary period is interrupted by an absence of thirty (30) calendar days or more, the probationary period may be extended by the length of such absence. Upon satisfactory completion of the probationary period, the employee shall be appointed as a regular employee of the City or as a regular employee in the promotional position.
A probationary employee shall read and discuss performance evaluations with the Company Officer before such evaluation becomes part of the employee's employment record.
Rejection: Original Appointment. During the initial probationary period an employee’s employment may be terminated at any time by the Fire Chief with or without cause. An initial hire probationary employee who is terminated shall not have the right to appeal the termination.
Notification of termination shall be in writing and shall be served upon the probationary employee at the time of termination.
Rejection: Promotional Appointment. Any employee who fails to successfully complete the probationary period following a promotional appointment shall be reinstated to the position that the employee held prior to the promotion, assuming there are no grounds for termination and the employee can perform the essential functions of the prior position.
Attachment #1 Agenda Report Page 32
Piedmont Firefighters City of Piedmont
LA #4814-1392-5567 v1
SECTION 17 - RESIGNATION AND REINSTATEMENT
17.1 Resignation
A bargaining unit employee wishing to leave the service in good standing shall file with the Fire Chief a notice of intent to leave the service. The written resignation shall state the effective date and reasons for leaving. The resignation shall be forwarded to the Administrator's Office, with a statement by the Fire Chief as to the resigned employee's service performance and other pertinent information concerning the cause for resignation.
17.2 Reinstatement
A regular employee who has resigned in good standing may be reinstated at the sole discretion of the Fire Chief to a vacant position of the same class as the employee’s previous position within a period of one (1) year from the effective date of the resignation.
Reinstatement shall be made at the salary step recommended by the Fire Chief and approved by the Administrator, but not lower than the salary step held at the time the employee resigned from City employment.
The reinstated employee will serve a new probationary period and in all other ways (except for the salary provision set forth above) shall be considered a new employee.
Attachment #1 Agenda Report Page 33
Piedmont Firefighters City of Piedmont
LA #4814-1392-5567 v1
SECTION 18 - LAYOFF
18.1 Order of Layoff
In the event of a reduction of force, the employee with the least service shall be laid off first.
18.2 Order of Rehire
An employee who is laid off shall be placed on a rehire list for a period of one (1) year from the date of the employee's most recent layoff. When hiring to fill a vacant position in a bargaining unit classification, the rehire list shall take precedence over all other employment lists. The last employee laid off shall be the first employee rehired until the rehire list is exhausted. Any employee reemployed from the rehire list shall be returned to their pay step and retain all unused sick leave accrual. All rehired employees will resume accruing vacation based on their months of service at the time of their lay off.
18.3 Failure to Accept Reemployment
Laid off employees are not eligible for rehire after one (1) year on a rehire list. Laid off employees who decline an offer of rehire or fail to report for assignment after being properly notified of their reemployment shall waive all rights to reemployment with the City.
18.4 Length of Service
The Department shall keep an up-to-date length of service list of all employees covered by this MOU and post the length of service list in a conspicuous place. This provision is for the convenience of the parties. Any disputes concerning the accuracy of the posted length of service list may be processed through the grievance procedure.
Attachment #1 Agenda Report Page 34
Piedmont Firefighters City of Piedmont
LA #4814-1392-5567 v1
SECTION 19 - DISCIPLINE OR DISCHARGE
19.1 Right of Discipline or Discharge
The City shall have the right to discharge or otherwise discipline any non-probationary employee for just cause as provided in Rule 8 of the City’s Personnel Rules. Probationary employees serve at the pleasure of the City, and the City shall not be required to demonstrate just cause to terminate probationary employees. The City shall comply with the Firefighters Procedural Bill of Rights Act, Government Code section 3250 et seq. with respect to all disciplinary matters.
19.2 Appeals
The City shall comply with all pre-disciplinary requirements imposed by state and federal law and Rule 8 of the City’s Personnel Rules. Non-probationary employees shall have the right to appeal the imposition of disciplinary action in accordance with Rule 8 of the City’s Personnel Rules and/or Government Code section 3254.5.
Attachment #1 Agenda Report Page 35
Piedmont Firefighters City of Piedmont
LA #4814-1392-5567 v1
SECTION 20 - PERSONNEL FILES
Bargaining unit employees and/or their designated representative, on presentation of a written request from the employee or the employee’s representative, shall have the right to inspect and receive copies of the entire contents of the employee's personnel files. Access to the employee’s personnel files shall be granted within three (3) business days following submission of the written request to the City’s Human Resources Department.
Attachment #1 Agenda Report Page 36
Piedmont Firefighters City of Piedmont
LA #4814-1392-5567 v1
SECTION 21 - GRIEVANCE PROCEDURE
21.1 General Procedure
The formal grievance procedure is intended to supplement other informal and low level methods of responding to and settling problems and complaints. If informal and low level methods fail to resolve an issue, the formal grievance procedure may be utilized to resolve problems and disputes. Formal grievances may be initiated in the first instance without resorting to informal and low level methods.
A “grievance” is defined as a dispute involving the interpretation or application of this MOU, Fire Department Rules and Regulations or the City’s Personnel Rules (excluding discipline and discharge of bargaining unit employees) which adversely affects the grievant. Appeals from discipline and discharge are not grievances and shall be processed in accordance with the City’s Personnel Rules and the Firefighters Procedural Bill of Rights Act, Government Code section 3250 et seq.
Individual bargaining unit employees and/or the Union may file grievances. The Union may file a grievance on behalf of itself, a single bargaining unit employee or multiple similarly situated bargaining unit employees (group grievance).
A Union representative may assist an individual grievant at each step of the grievance procedure and be present at any and all grievance meetings with the City or City representatives.
The time limits established for any step of the grievance procedure may be waived or extended by mutual agreement of the parties to the grievance. Such time extensions must be confirmed in writing within the time limits specified for the particular step of the grievance procedure.
The parties may meet to discuss a grievance at any step in the grievance procedure in an effort to resolve the particular dispute.
21.2 Contents of Formal Grievance
Formal grievances shall be presented in writing and shall contain the following minimum information:
1. A clear and concise statement of the facts and circumstances giving rise to the grievance.
2. The specific provisions of this MOU, Fire Department Rules and Regulations, City Personnel Rules or practices alleged to have been misinterpreted or misapplied, along with a statement identifying how or why the provisions were misinterpreted or misapplied.
3. An explanation of how the employee has been adversely affected.
4. A statement of the remedy requested.
Attachment #1 Agenda Report Page 37
Piedmont Firefighters City of Piedmont
LA #4814-1392-5567 v1
21.3 Information
The Union is entitled to request and receive copies of any non-confidential and nonprivileged documents and other relevant information within the City’s possession or control pertaining to the grievance.
21.4 Steps of the Formal Grievance Procedure
Step 1. Fire Chief
A formal written grievance shall be presented to the Fire Chief within thirty (30) calendar days of the date the grievant or Union knew or reasonably should have known about the actions and/or circumstances giving rise to the grievance. The Fire Chief shall investigate the grievance and meet with the grievant and Union representatives within fifteen (15) calendar days following presentation of the grievance at Step 1. The Fire Chief shall respond in writing to the grievance within five (5) calendar days following the Step 1 grievance meeting.
Step 2. City Administrator
If the grievant and/or the Union are not satisfied with the Fire Chief’s Step 1 response to the grievance, the grievance may be advanced, in writing, to the City Administrator within fifteen (15) calendar days following receipt of the Step 1 written response. The City Administrator or designee other than the Fire Chief shall investigate the grievance and meet with the grievant and Association representatives within fifteen (15) calendar days following receipt of the written request to advance the grievance to Step 2. The City Administrator shall respond in writing to the grievance within five (5) calendar days following the Step 2 meeting. The City Administrator’s decision shall be final.
Attachment #1 Agenda Report Page 38
Piedmont Firefighters City of Piedmont
LA #4814-1392-5567 v1
SECTION 22 - SAFETY
Bargaining unit employees agree to comply with all safety rules and regulations in effect and any subsequent rules and regulations that may be adopted. Bargaining unit employees further agree that they will report all accidents and safety hazards to the appropriate management official immediately. Any bargaining unit employee having knowledge of or who is a witness to an accident shall, if requested, give full and truthful testimony as to same.
The Union may appoint two (2) bargaining unit employees to the Fire Department Safety Committee.
Attachment #1 Agenda Report Page 39
Piedmont Firefighters City of Piedmont
LA #4814-1392-5567 v1
OR
SECTION 23 - GENERAL PROVISIONS
23.1 Departmental Rules and Regulations
The Union agrees that its members shall comply with all Fire Department Rules and Regulations. The Union agrees, if requested during the term of this MOU, to meet with the Fire Chief for the purpose of reviewing and updating the Fire Department Rules and Regulations.
23.2 Maintenance of Qualifications
All employees must continue to meet the basic requirements for their position during the term of their employment, including, for example, maintaining in good standing the required licenses and certificates described below:
Fire Engineer (Prerequisite to initial hire or promotion):
Firefighter I certificate, and
EMT Basic certificate or State of California Paramedic License and Alameda County Paramedic Accreditation.
Fire Engineer, promoted to Fire Engineer or hired as a Fire Engineer must earn the following certificates within one (1) year of promotion or hire:
Fire Apparatus Driver/Operator – Pumping Apparatus Certificate,* Fire Apparatus Driver/Operator – Wildland Fire Apparatus Certificate,* and Fire Apparatus Driver/Operator – Aerial Apparatus Certificate. * Completion of Driver/Operator 1A and Driver/Operator 1B courses prior to December 1, 2015 are deemed to have met these requirements.
Firefighter Paramedic
Firefighter I certificate,
Advanced Cardiac Life Support (ACLS) certificate,
Pre-Hospital Trauma Life Support (PHTLS) certificate or Basic Trauma Life Support (BTLS) certificate, and
Pediatric Advanced Life Support (PALS) certificate or Pediatric Emergency Procedures (PEP) certificate.
Firefighter – EMT
EMT-Basic certificate.
23.3 Defense and Indemnity
The City shall defend and indemnify bargaining unit employees from liability for their actions or inactions within the course and scope of their duties.
Current State of
California
Paramedic License
and Alameda
County Paramedic
Accreditation
Attachment #1 Agenda Report Page 40
Piedmont Firefighters City of Piedmont
LA #4814-1392-5567 v1
23.4 Shift Trades
Bargaining unit employees may trade shifts in conformity with the Fire Department Rules and Regulations.
23.5 State-Mandated Fire Apparatus Operator Endorsement All bargaining unit employees hired after October 1, 2000 are required, as a condition of employment, to satisfy all state-mandated licensing requirements to drive fire apparatus (fire apparatus endorsement), by the end of their probationary period.
23.6 Apparatus Operator (Heavy/Special Equipment Operator – 2 CCR 571(a)(4)) Each shift, the assigned on duty (non-promoted) Apparatus Driver shall be compensated at a rate of three percent (3%) above their base rate.
Attachment #1 Agenda Report Page 41
Piedmont Firefighters City of Piedmont
LA #4814-1392-5567 v1
SECTION 24 - EDUCATION ALLOWANCE
The City shall reimburse bargaining unit employees for educational expenses not to exceed One Thousand Two Hundred Dollars ($1,200) per fiscal year for the completion of off-duty courses relating directly to the employee’s work assignment or for completion of courses required for the attainment of a degree or certificate program in a field relating to the employee's work assignment.
Bargaining unit employees must submit an application to the Fire Chief containing all information needed to evaluate the request. The Fire Chief must approve the employee's application prior to attending the course in order to receive reimbursement. Upon completion of the course, the employee must provide the Fire Chief with a copy of the grade sheet or certificate indicating a passing grade, along with appropriate receipts for tuition and books in order to receive reimbursement. Employees who receive reimbursement from the City for books and materials are required to relinquish the books and materials to the Fire Department for future use and reference by other City employees.
Attachment #1 Agenda Report Page 42
Piedmont Firefighters City of Piedmont
LA #4814-1392-5567 v1
SECTION 25 - CERTIFICATION AND TRAINING
Bargaining unit employees who possess a Fire Officer Certificate shall receive an additional five percent (5%) of their base pay per month. The additional compensation for a Fire Officer Certificate is intended to encourage bargaining unit employees to improve their knowledge of firerelated subjects and sciences. Employees shall receive the additional five percent (5%) commencing on the first of the month following submission of written proof to the Fire Chief that the employee has obtained the appropriate certificate. The Fire Officer Certificate shall be issued by the California Fire Service Training and Education System.
Bargaining unit employees who possess a CPR Instructor’s Certification and have actively participated during the year as a lead instructor in the CPR instruction program provided by the Department and approved by the Fire Chief, shall receive an annual payment equal to four percent (4%) of their base pay.
Attachment #1 Agenda Report Page 43
Piedmont Firefighters City of Piedmont
LA #4814-1392-5567 v1
SECTION 26 - PAST PRACTICES AND EXISTING MEMORANDA OF
UNDERSTANDING
Continuance of working conditions and practices not specifically authorized by ordinance or by resolution of the City Council, or by the Fire Department Rules and Regulations as they may be amended, is not guaranteed by the Memorandum of Understanding.
This MOU shall supersede all prior or existing memoranda of understanding covering the Unit.
All rights, privileges, and terms and conditions of employment in full force and effect through the duration of the previous MOU, and not in conflict herewith, shall become a part of this agreement and remain in effect until mutually modified by the parties hereto.
Attachment #1 Agenda Report Page 44
Piedmont Firefighters City of Piedmont
LA #4814-1392-5567 v1
SECTION 27 - LIMITED DUTY WORK
27.1 Injured employees who are temporarily disabled due to a work related injury or illness are required to submit a medical report to the Fire Department, following initial treatment, indicating what, if any, limited duty the employee can perform. Periodic medical reports that may be required by the Department shall also address what, if any, limited duty the employee can perform.
27.2 Employees on extended sick leave are likewise required to provide these periodic reports which should also contain limited duty information.
27.3 For employees whose limited duty arrangement calls for less than the regular number of hours worked per payroll period, the hours actually worked will be shown as regular time on the time card and the remaining hours (the difference between hours actually worked and hours normally scheduled) will be charged to the appropriate leave. For employees expected to be on a less-than-normal schedule for more than thirty (30) days, the Fire Department will initiate a personnel action form adjusting accrual rates of such work schedule-related benefits as vacation and sick leave. When the individual returns to his or her regular work schedule the Fire Department will initiate another personnel action form to return accrual rates to normal; however, there will be no adjustment of balances as a result of an accrual rate change.
27.4 The duty limitations specified by the treating physician must be strictly adhered to when making work assignments. As appropriate, suggested assignments include performing fire inspections and routine maintenance, compiling data and statistics, organizing training programs and evolutions, and the like.
27.5 Limited-duty assignments should be such that there is minimum risk of further injury or aggravation of the existing injury.
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SECTION 28 – RESIDENCY REQUIREMENTS
Bargaining unit employees shall reside within the defined geographical area agreed to by the parties. A map showing the geographical area is retained by City Human Resources and the Union.
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SECTION 29 - SAVINGS CLAUSE
If any provision of this MOU becomes invalid by operation of law or order of a court of competent jurisdiction, or if compliance with or enforcement of any provision is restrained by any tribunal, the remaining provisions of this MOU shall not be affected thereby, and the parties shall enter into negotiations for the sole purpose of arriving at a mutually satisfactory replacement for the invalid provision.
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SECTION 30 – TERM OF AGREEMENT
30.1 Except as otherwise provided in specific sections, following approval by the City Council, this MOU shall be in full force and effect from July 1, 20251 through June 30, 20265.
30.2 Notice of the Association’s desire to reopen negotiations for the purpose of amending or terminating this Agreement shall be given to the City Administrator no later than May 1, 20265.
Effective 7/1/2025 Step 1 Step 2 Step 3
Firefighter 9,613.61 10,316.74 11,041.56
Fire Officer 5% 10,094.29 10,832.58 11,593.64
Paramedic 12% 10,767.24 11,554.75 12,366.55
Fire Officer/Paramedic 11,247.92 12,070.59 12,918.63
Fire Engineer 10,093.72 10,831.96 11,592.91
Fire Officer 5% 10,598.41 11,373.56 12,172.56
Paramedic 12% 11,304.97 12,131.80 12,984.06
Fire Officer/Paramedic 11,809.65 12,673.39 13,563.70
Fire Lieutenant 12,625.41
Fire Officer 5% 13,256.68
Paramedic 12% 14,140.46
Fire Officer/Paramedic 5%, 12% 14,771.73
APPENDIX A ‐ WAGE TABLE
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APPENDIX A ‐ WAGE TABLE
Effective 7/1/2021 Step 1 Step 2 Step 3
Firefighter $8,480 $9,099 $9,739
Fire Officer 5% $8,904 $9,554 $10,226
Paramedic 12% $9,498 $10,191 $10,908
Fire Officer/Paramedic $9,922 $10,646 $11,395
Fire Engineer $8,903 $9,554 $10,226
Fire Officer 5% $9,348 $10,032 $10,737
Paramedic 12% $9,971 $10,700 $11,453
Fire Officer/Paramedic $10,417 $11,178 $11,964
Fire Lieutenant $11,137
Fire Officer 5% $11,694
Paramedic 12% $12,473
Fire Officer/Paramedic 5%, 12% $13,030
Effective 7/1/2022 Step 1 Step 2 Step 3
Firefighter $8,734 $9,372 $10,031
Fire Officer 5% $9,171 $9,841 $10,533
Paramedic 12% $9,782 $10,497 $11,235
Fire Officer/Paramedic $10,219 $10,965 $11,736
Fire Engineer $9,170 $9,841 $10,533
Fire Officer 5% $9,629 $10,333 $11,060
Paramedic 12% $10,270 $11,022 $11,797
Fire Officer/Paramedic $10,729 $11,514 $12,324
Fire Lieutenant $11,471
Fire Officer 5% $12,045
Paramedic 12% $12,848
Fire Officer/Paramedic 5%, 12% $13,421
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Effective 7/1/2023 Step 1 Step 2 Step 3
Firefighter $9,018 $9,677 $10,357
Fire Officer 5% $9,469 $10,161 $10,875
Paramedic 12% $10,100 $10,838 $11,600
Fire Officer/Paramedic $10,551 $11,322 $12,118
Fire Engineer $9,468 $10,161 $10,875
Fire Officer 5% $9,941 $10,669 $11,419
Paramedic 12% $10,604 $11,380 $12,180
Fire Officer/Paramedic $11,078 $11,888 $12,724
Fire Lieutenant $11,843
Fire Officer 5% $12,435
Paramedic 12% $13,264
Fire Officer/Paramedic 5%, 12% $13,856
Effective 7/1/2024 Step 1 Step 2 Step 3
Firefighter $9,311 $9,992 $10,694
Fire Officer 5% $9,777 $10,492 $11,229
Paramedic 12% $10,428 $11,191 $11,977
Fire Officer/Paramedic $10,894 $11,691 $12,512
Fire Engineer $9,776 $10,491 $11,228
Fire Officer 5% $10,265 $11,016 $11,789
Paramedic 12% $10,949 $11,750 $12,575
Fire Officer/Paramedic $11,438 $12,274 $13,137
Fire Lieutenant $12,228
Fire Officer 5% $12,839
Paramedic 12% $13,695
Fire Officer/Paramedic 5%, 12% $14,307
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APPENDIX B - City of Piedmont Personnel Rules 12(U)
U. CATASTROPHIC LEAVE
1. An employee’s eligibility for catastrophic leave requires recommendation by the department head and approval by the City Administrator.
2. City employees who have completed their initial probationary periods are eligible to receive donations of paid leave that are included in the recipient employee’s sick leave balance. Leave donations are only available to employees who suffer a catastrophic illness or injury. For purposes of this section, “catastrophic illness or injury” is defined as a serious medical condition that is terminal, a major physical impairment, or a family medical emergency. For purposes of this section, “family medical emergency” is defined as a catastrophic illness or injury of a biological, adopted, or foster child, stepchild, legal ward, or a child to whom the employee stands in loco parentis, a biological, adoptive, or foster parent, stepparent, or legal guardian of an employee or the employee’s spouse or registered domestic partner, or a person who stood in loco parentis when the employee was a minor child, spouse, registered domestic partner, grandparent, grandchild, or sibling residing in the employee’s household.
3. The availability of catastrophic leave is subject to all of the following conditions:
a. The recipient employee, recipient employee’s family, or other person designated in writing by the recipient must submit a request to the City Administrator or designee.
b. The recipient employee is not eligible so long as the employee has accrued paid leave time available; however, a request for catastrophic leave request may be initiated prior to the anticipated date that the employee will exhaust all leave balances.
c. The recipient employee must provide a medical verification which meets the criteria above and a prognosis.
d. Employees may donation accrued leave to another employee approved for catastrophic leave in whole hour increments. The donor employee may donate vacation up to any amount, but the City may require that the donor employee retain 40 hours of accrued vacation leave. Sick leave may be donated up to 24 hours in whole hour increments. Donations may be made and received from any individual employed by the City of Piedmont. Donations of accrued leave are irrevocable.
e. Time donated will be converted from the type of time donated to sick leave and credited to the recipient employee’s sick leave balance on an hour-for-hour basis and shall be paid at the rate of pay of the recipient employee.
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f. Time donated in any pay period may be used in the following pay periods.
Retroactive leave donations are not permitted.
Signed and agreed to this _____ day of __________, 20251
CITY OF PIEDMONT PIEDMONT FIREFIGHTERS
LOCAL 2683, IAFF
By By
Betsy Smegal Andersen, Mayor Brian Gidney, President
By By
Rosanna Bayon Moore, City Administrator Rob Kingston, Secretary/Treasurer Attest
Anna Brown, City Clerk
Attachment #1 Agenda Report Page 52
MEMORANDUM OF UNDERSTANDING
BETWEEN
THE CITY OF PIEDMONT
AND
PIEDMONT FIREFIGHTERS, LOCAL 2683, IAFF
FIRE CAPTAIN BARGAINING UNIT
July 1, 20251 – June 30, 20265
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TABLE OF CONTENTS
PREAMBLE ................................................................................................................................................ 3 SECTION 1 - RECOGNITION ................................................................................................................. 4 SECTION 2 - NO DISCRIMINATION .................................................................................................... 5 SECTION 3 - UNION SECURITY ........................................................................................................... 6 SECTION 4 - CITY RIGHTS .................................................................................................................... 9 SECTION 5 - UNION REPRESENTATIVES ....................................................................................... 10 SECTION 6 - NO STRIKE ...................................................................................................................... 11 SECTION 7 - SALARIES ........................................................................................................................ 12 SECTION 8 - RETIREMENT BENEFITS ............................................................................................ 14 SECTION 9 - HOURS OF WORK, SHIFTS AND SCHEDULES ...................................................... 16 SECTION 10 - HOLIDAYS ..................................................................................................................... 18 SECTION 11 - VACATIONS .................................................................................................................. 19 SECTION 12 - SICK LEAVE .................................................................................................................. 20 SECTION 13 - LEAVE OF ABSENCE .................................................................................................. 22 SECTION 14 - HEALTH AND WELFARE .......................................................................................... 25 SECTION 15 - UNIFORM ALLOWANCE ........................................................................................... 29 SECTION 16 - PROBATION .................................................................................................................. 30 SECTION 17 - RESIGNATION AND REINSTATEMENT ................................................................ 31 SECTION 18 - LAYOFF .......................................................................................................................... 32 SECTION 19 - DISCIPLINE OR DISCHARGE ................................................................................... 33 SECTION 20 - PERSONNEL FILES ..................................................................................................... 34 SECTION 21 - GRIEVANCE PROCEDURE ........................................................................................ 35 SECTION 22 - SAFETY .......................................................................................................................... 37 SECTION 23 - GENERAL PROVISIONS ............................................................................................. 38 SECTION 24 - EDUCATION ALLOWANCE ...................................................................................... 39 SECTION 25- PAST PRACTICES AND EXISTING MEMORANDA OF UNDERSTANDING ... 40 SECTION 26 - LIMITED DUTY WORK .............................................................................................. 41 SECTION 27 - RESIDENCY REQUIREMENTS ................................................................................. 42 SECTION 28 - SAVINGS CLAUSE ....................................................................................................... 43 SECTION 29 - TERM OF AGREEMENT ............................................................................................. 44 APPENDIX A – WAGE TABLE ......................................................................................................... 4545
Attachment #2 Agenda Report Page 54
Piedmont Firefighters Fire Captain Bargaining Unit City of Piedmont
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MEMORANDUM OF UNDERSTANDING
BETWEEN
THE CITY OF PIEDMONT
AND
PIEDMONT FIREFIGHTERS, LOCAL 2683, IAFF
FIRE CAPTAIN BARGAINING UNIT
PREAMBLE
This Memorandum of Understanding (“MOU”) is entered into by and between the City of Piedmont, a political subdivision (hereinafter the “City”) and Piedmont Firefighters, Local 2683, IAFF (hereinafter the “Union”) on behalf of all employees in the Fire Captain bargaining unit represented by the Union.
Attachment #2 Agenda Report Page 55
Piedmont Firefighters Fire Captain Bargaining Unit City of Piedmont
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SECTION 1 - RECOGNITION
The City recognizes the Union as the exclusive bargaining representative for a bargaining unit comprised of full-time permanent and probationary Fire Captains.
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SECTION 2 - NO DISCRIMINATION
The City shall not interfere with, restrain, coerce, or discriminate in any way against any bargaining unit employee by reason of membership in the Union, exercise of rights as a Union member, or activities approved by this Agreement. Nor will the City discourage membership in the Union or encourage membership in any other employee organization.
The Union recognizes its responsibility as exclusive representative and agrees to represent all bargaining unit employees without discrimination, interference, restraint, or coercion.
The provisions of this Agreement shall be applied equally to all bargaining unit employees without discrimination as to age, race, color, national origin, ancestry, sex, gender, gender identity, gender expression, disability, medical condition, religion, military and veteran status, sexual orientation, marital status, or political affiliation.
Attachment #2 Agenda Report Page 57
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SECTION 3 - UNION SECURITY
3.1 Dues Deductions
Employees may voluntarily join the Union and authorize individual payroll deductions for dues, initiation fees, and general assessments, as well as any other membership benefit program sponsored by the Union (hereinafter collectively "dues deductions"). The Union shall be responsible for maintaining records of bargaining unit employees who provide written consent to join the Union and authorize dues deductions. The Union shall certify to the City the identity of such members and the amount of the dues deductions to be withheld from their paychecks.
The City shall deduct from the Union paychecks of each employee who voluntarily authorizes dues deductions as certified by the Union, or pursuant to an authorization form tendered to the City by the Union or the employee, the total amount of dues certified by the Union per month. The City shall promptly remit the total amount deducted, together with a list identifying each employee from whom a deduction was made, to the Secretary-Treasurer of the Union as the person authorized to receive such funds. The Union shall specify the address by which the City shall forward the dues deductions.
The employee’s earnings must be sufficient, after all other required donations are made, to cover the amount of the deductions herein authorized. When an employee is in a non-pay status for an entire pay period, no withholdings will be made to cover that pay period from future earnings nor will the employee deposit the amount with the City which would have been withheld if the employee had been in pay status during that period. In the case of an employee who is in a non-pay status during a part of the pay period, and the salary is not sufficient to cover the full withholdings, no deduction shall be made. In this connection, all required deductions have priority over the Union deduction.
If an employee desires to revoke, cancel or change their prior dues deduction authorization, the City shall direct the employee to the Union. Any such dues deduction, revocation cancellation, and/or change shall be effective only when submitted by the Union to the City and is subject to the terms and conditions set forth in the original payroll deduction/authorization.
The City will implement any change to a bargaining unit employee’s payroll deductions during the first full pay period following notification of such change by the Union.
The Union shall indemnify, defend and hold the City harmless against any claims, demands, suits, proceedings, or court orders, or any other liability that may arise out of or by reason of action taken or not taken by the City for the purpose of complying with any of the provisions of this dues deduction agreement.
3.2 Insurance Deductions
Upon receipt of written authorization from the employee, the City shall deduct from the employee’s paycheck the amounts specified for payment of insurance premiums the employee has elected to participate in through the Union.
Attachment #2 Agenda Report Page 58
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3.3 Bulletin Boards
The City shall provide suitable space for bulletin boards in City fire stations. The Union shall provide bulletin boards no larger than 30” x 40.” The Union shall be allowed to use such bulletin boards for communications having to do with official Union business.
3.4 Use of City Facilities
The Union, including representatives and bargaining unit employees, in accordance with established City policies, may be granted the use of City facilities for meetings of bargaining unit employees provided space is available.
The use of City equipment other than items normally used in the conduct of business meetings, such as desks, chairs, and blackboards, is strictly prohibited unless written approval is received in advance from the City.
3.5 Advance Notice
Except in cases of emergency, reasonable advance written notice shall be given to the Union if affected by any ordinance, rule, resolution or regulation relating to matters within the scope of representation proposed to be adopted by the City Council, by any board or commission of the City, or by any department, and the Union shall be given the opportunity to meet with such body prior to adoption. In cases of emergency when City management determines that an ordinance, rule, resolution or regulation must be adopted immediately without prior notice or meeting with the Union, City management shall provide such notice and opportunity to meet at the earliest practical time following the adoption of each ordinance, rule, resolution or regulation. Emergency shall be defined as “an unforeseen situation calling for immediate action.”
3.6 Access to Work Locations
Reasonable access to employee work locations shall be granted officers of the Union and their officially designated representatives, for the purpose of processing grievances or contacting members of the Union concerning business within the scope of representation.
Such Officers or representatives shall not enter any work location without the consent of the Fire Chief or Fire Chief’s designated representative. Prearrangement for routine contact may be made by agreement between the Union and Fire Chief or the Fire Chief’s designated representative. Access shall be restricted so as not to interfere with the normal operations of the department or with established safety or security requirements.
Solicitation of membership and activities concerned with the internal management of the Union, such as collecting dues, holding membership meetings, campaigning for office, conducting elections and distributing literature shall not be conducted during working hours unless approved in advance by the Fire Chief or designated representative.
3.7 Employee Information
The City shall provide the Union President and Union Secretary-Treasurer with a digital file via email containing the name, job title, department, work location, work, home and personal cellular telephone number, personal email addresses on file with the employer, and home address of any newly hired employee in bargaining unit classifications represented by the Union within thirty (30) days of the date of hire or by the first pay period Attachment #2 Agenda Report Page 59
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of the month following hire. The City shall also provide the Union representatives with a list of that same information for all existing unit employees at least every 120 days.
Attachment #2 Agenda Report Page 60
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SECTION 4 - CITY RIGHTS
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 by the City Charter, except as specifically limited, abridged or relinquished by the terms of this Memorandum.
Attachment #2 Agenda Report Page 61
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SECTION 5 - UNION REPRESENTATIVES
City employees who are official representatives or unit representatives of the Union shall be given reasonable time off with pay to attend meetings with management representatives, or to be present at hearings where matters within the scope of representation or grievances are being considered.
The use of official time for this purpose shall be reasonable and shall not interfere with the performance of City services as determined by the Fire Chief. Such employee representatives shall notify the Fire Chief or designated representative, at least two (2) working days prior to the scheduled meeting whenever possible. Except by mutual agreement, the number of employees excused for such purposes shall not exceed a total of one (1).
Attachment #2 Agenda Report Page 62
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SECTION 6 - NO STRIKE
The Union, its members and representatives, agree that they will not engage in, authorize, sanction, or support any strikes, slowdown, stoppage of work, curtailment of production, concerted refusal to work overtime, refusal to operate designated equipment (provided such equipment is safe and sound), or to perform customary duties during the term of this MOU.
Attachment #2 Agenda Report Page 63
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SECTION 7 - SALARIES
7.1 Salary Ranges
7.1.1 Rates of Pay
During the term of this MOU, the rates of pay shown in Appendix A reflect the following increases to base salaries:
3.25% effective July 1, 20251;
3% effective July 1, 2022;
3.25% effective July 1, 2023;
3.25% effective July 1, 2024.
7.1.2 Eligibility for Advancement in Pay
Employees normally advance from Step 1 through Step 5 in accordance with the time-in-step requirements identified in Appendix A. The above time-in-step requirements shall apply before an employee gains eligibility for advancement in pay, provided the employee meets performance standards for the position.
Advancement in pay when approved shall be effective at the beginning of the first pay period immediately following completion of the time-in-step requirement identified in Appendix A. If an employee is on leave without pay for more than one month, the period of leave will not count as time-in-step.
Employees who demonstrate outstanding performance may be advanced to a higher step prior to completion of the above time-in-step requirements.
Advancement in pay, when approved by the Fire Chief and with the City Administrator’s concurrence, shall be effective at the beginning of the first pay period immediately following approval.
7.1.3 Granting Step Advancement Based on Merit
Performance ratings shall determine whether step advancements have been earned.
Performance ratings shall be completed by the supervisor of each employee on an annual basis, or more frequently as deemed necessary.
7.1.4 Withholding Step Advancement
The Fire Chief shall have authority, with the City Administrator’s concurrence, to withhold an employee’s step advancement if not merited. The Fire Chief and City Administrator shall keep employees informed about their job performance, giving good work its proper recognition, noting deficient work, and attempting to assist toward improvement.
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7.2 Certificate Pay
Employees shall receive additional compensation as a percentage of their base pay for obtaining the following certificates issued by the California Fire Service Training and Education System:
Compensation Certificate
5% Company Officer Certificate/Fire Officer Certificate OR
10% Chief Fire Officer Certificate/Chief Officer
The applicable pay shall commence on the first of the month following submission of written proof to the Fire Chief that the employee has obtained the appropriate certificate.
7.3 Paramedic Incentive
Employees who are designated and serve as a Fire Captain/Paramedic prior to March 5, 2018 shall be entitled to a Paramedic pay differential, which shall be twelve percent (12%) above the base pay for the employee’s classification. Employees who are designated and serve as a Fire Captain/Paramedic after March 5, 2018 shall be entitled to a Paramedic pay differential of four percent (4%) above the base pay for the employee’s classification.
The City shall pay the cost of required training, tape reviews and recertification expenses for employees assigned as Paramedics. Scheduling for training, tape reviews and recertification requirements shall be approved by the Fire Chief. Whenever possible, such scheduling shall be accomplished while the employee is on duty.
Attachment #2 Agenda Report Page 65
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SECTION 8 - RETIREMENT BENEFITS
8.1 Retirement Plans
8.1.1 Employees Hired Before December 5, 2012 (Tier 1)
Bargaining unit employees hired prior to December 5, 2012, will be provided the CalPERS 3% @ 50 local safety plan with the 12-month final compensation period.
Such employees shall continue paying the CalPERS-established employee contribution towards the cost of the CalPERS 3% @ 50 local safety plan, which is currently 9%. In addition, bargaining unit employees receiving the CalPERS 3% @ 50 local safety plan will continue paying an additional 0.6085% for their pension benefit.
The Union and the City previously agreed that if the City’s total employer contribution rate for Tier 1 employees is more than 18.921%, the amount above
18.921% will be shared equally between the City (50%) and the Tier 1 employees (50%) (“Employer Contribution Rate Formula”). The Union and the City agree that this Employer Contribution Rate Formula shall continue upon the expiration of this Memorandum of Understanding.
For Tier 1 employees, the total employee contribution maximum cap shall not exceed 21.147% (“Maximum Cap”). This 21.147% Maximum Cap includes: (a) The existing 9% employee contribution; (b) The existing 0.6085% additional employee contribution; and (c) Any additional cost sharing of the employer contribution that may result from application of the Employer Contribution Rate Formula. The Maximum Cap of 21.147% shall continue upon the expiration of this Memorandum of Understanding, except employees shall be required to pay any increases to the CalPERS-established employee contribution amount.
8.1.2 Employees Hired On Or After December 5, 2012 And Before January 1, 2013, And Employees Hired On Or After January 1, 2013 With Pension Reciprocity (Tier 2)
Bargaining unit employees hired on or after December 5, 2012 and before January 1, 2013, and employees hired on or after January 1, 2013 with pension reciprocity (i.e., “classic” employees), will be provided the CalPERS 2% @ 50 local safety plan with the 36-month final compensation period. Such employees shall pay the CalPERS-established employee contribution rate for the CalPERS 2% @ 50 local safety plan, which is currently 9%.
The Union and the City previously agreed that if the City’s total employer contribution rate for Tier 2 employees is more than 18.921%, the amount above
18.921% will be shared equally between the City (50%) and the Tier 2 employees (50%) (“Employer Contribution Rate Formula”). The Union and the City agree that this Employer Contribution Rate Formula shall continue upon the expiration of this Memorandum of Understanding.
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For Tier 2 employees, the total employee contribution maximum cap shall not exceed 12% (“Maximum Cap”). This 12% Maximum Cap includes: (a) The existing 9% employee contribution; and (b) Any additional cost sharing of the employer contribution that may result from application of the Employer Contribution Rate Formula. The Maximum Cap of 12% shall continue upon the expiration of this Memorandum of Understanding, except employees shall be required to pay any increases to the CalPERS-established employee contribution amount.
8.1.3 Employees Hired On Or After January 1, 2013 Without Pension Reciprocity (Tier 3)
Bargaining unit employees hired on or after January 1, 2013 without pension reciprocity (i.e., “new” members) will be provided the CalPERS 2.7% @ 57 local safety plan with the 36-month final compensation period. Such employees shall pay 50% of the normal cost for the 2.7% @ 57 local safety plan as established by CalPERS.
8.1.4 Employee Contributions
Employee contributions towards the cost of their respective CalPERS pension benefits will be deducted from CalPERS reportable compensation prior to the calculation and deduction of federal and state income taxes as provided in IRS Code Section 414(h)(2).
The City shall continue providing all optional benefits as set forth in the City’s contract with CalPERS as of the date of this MOU.
Attachment #2 Agenda Report Page 67
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SECTION 9 - HOURS OF WORK, SHIFTS AND SCHEDULES
Fire Captains work whatever extra hours are required for appearances before Council, city boards and commissions, citizens’ groups and intergovernmental bodies; for maintenance of essential services during emergencies; and for accomplishment of work assignments which may impose time expenditures in excess of the conventional work week. It is expected that Fire Captains will work as many hours per day as are necessary to fulfill the requirements of their position.
9.1 Work Day
The normal workday for bargaining unit employees shall be a single 24-hour shift. The 24-hour shift applies to daylight savings time changes in the fall and spring.
9.2 Work Schedule and Work Period
The normal work schedule for bargaining unit employees is a 48/96 schedule (48 hours on duty followed by 96 hours off duty). The work schedule shall consist of eight (8) twentyfour (24) hour on-duty periods within a twenty-four (24) day cycle. A normal work schedule shall consist of two (2) consecutive twenty-four (24) hour shifts for a total of forty-eight (48) consecutive hours, followed by ninety-six (96) consecutive hours off within a six (6) day cycle. This schedule results in an average workweek of 56 hours. A typical work period shall be twenty-four (24) days containing four (4) such six (6) day cycles. If for any reason the Fire Chief deems it necessary to implement another work schedule, the Fire Chief shall give written notice to the Union, and explain the reasons for the proposed schedule change. The Union shall have 30 days to respond, and meet with the Fire Chief. Thereafter, the Fire Chief may change the work schedule as proposed.
9.3 Employee Schedule
Employees may not perform work outside their scheduled hours without prior approval from the Fire Chief. In cases of anticipated emergency, employees shall report their emergency work to the Fire Chief as soon as possible after performing the emergency work.
9.4 Overtime
Overtime work shall be defined as all work performed in excess of the normal work schedule set forth in Sections 9.1 or 9.2 of this MOU. Overtime work will be compensated at the rate of one and one-half (1 1/2) times the employee’s regular straight-time hourly rate. An employee’s regular straight-time hourly rate is calculated by dividing the employee’s annual salary for their regularly scheduled hours by 2912 hours (56 hours per week x 52 weeks per year).
9.5 Extra Duty and Call Back
Call back is defined as a return to work from off duty status. Employees shall receive a minimum of four (4) hours compensation for any call back.
Extra duty and call back shall be compensated at the employee’s regular straight-time hourly rate or at one and one-half (1 1/2) times the employee’s regular straight-time hourly rate as applicable.
Attachment #2 Agenda Report Page 68
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9.6 Subpoena/Witness Pay
Employees who are subpoenaed by a governmental agency to appear or testify in any legal or administrative proceeding about a matter within the course and scope of their employment shall be granted time off without loss of pay or benefits in order to comply with the subpoena. An off-duty employee who is subpoenaed to appear in any legal or administrative proceeding in which the City is a party shall be compensated at one and onehalf (1-1/2) times the employee’s regular straight-time hourly rate for all hours the employee is so ordered to appear.
Attachment #2 Agenda Report Page 69
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SECTION 10 - HOLIDAYS
10.1 The following holidays are recognized:
New Year’s Day Columbus Day (Floating holiday)
Martin Luther King Jr. Birthday Veterans Day
President’s Day Thanksgiving Day
Memorial Day Day after Thanksgiving Day
Juneteenth Christmas Day
Independence Day Member’s Birthday Christmas Day
Labor Day Member’s Birthday
10.2 Bargaining unit employees shall receive twelve (12) hours of holiday pay at their regular straight-time hourly rate for all recognized holidays, unless the employee is on leave of absence or serving a disciplinary suspension on the holiday. Employees shall receive holiday pay in the paycheck immediately following the holiday.
10.3 Employees may take their birthday as a paid holiday on a date other than the date their birthday falls, subject to approval of the Fire Chief.
10.4 In the event a holiday specified above occurs during a period of authorized vacation leave, the holiday shall be charged as a holiday and not as a day of vacation leave.
10.5 Employees assigned to limited duty work in accordance with Article 26 of this MOU shall elect to receive either (but not both) a day off on the holiday or eight (8) hours of holiday pay.
10.6 If the City grants any additional holidays to employees in another bargaining unit, the City will meet and confer with the Union about adding additional holidays.
Attachment #2 Agenda Report Page 70
Piedmont Firefighters Fire Captain Bargaining Unit City of Piedmont
LA #4835-4594-2719 v1
SECTION 11 - VACATIONS
11.1 Accrual
Vacation leave shall accrue at the following rates for bargaining unit employees working a 56-hour workweek:
0 - 60 months service 6 hours per pay period
61 - 96 months service 7 hours per pay period
97 - 144 months service 8 hours per pay period
145 - 192 months service 9 hours per pay period
193 - 240 months service 10 hours per pay period
241 months service and over 11 hours per pay period
11.2 Annual Vacation Selection
Employees may begin using accrued vacation leave following six (6) months of service.
Employees must have sufficient accrued vacation leave on the books to cover any requested vacation.
Employees select vacation days each December for the subsequent calendar year based on seniority regardless of rank. Employees select vacation days in separate rounds so that each employee is afforded the opportunity to choose vacation days before employees are permitted to select additional vacation days. Once all employees have selected their initial vacation days, employees may request additional vacation days during subsequent rounds of the selection process. Employees must select single contiguous vacation periods of one or more days during each round of the selection process. If vacation days remain or become available following the annual vacation selection process in December, employees may request additional vacation days during the calendar year on a first come first served basis.
All vacation schedules must be approved by the Fire Chief or designee. The granting of vacation requests must not interfere with the efficient operation of the Department.
11.3 Vacation Accumulation
Bargaining unit employees may accrue and maintain a maximum vacation leave balance equal to two (2) years’ vacation accrual at any time. Employees may take only that vacation which has accrued at the time the vacation is taken.
11.4 Vacation Sell-Back
Employees may sell back to the City up to one hundred and twenty (120) accumulated hours of vacation leave each City fiscal year (from July 1 to June 30), provided the employee retains at least ninety-six (96) hours of vacation leave on the books after the sell-back and takes at least forty-eight (48) hours of vacation in the fiscal year the vacation sell-back takes place.
11.5 Use of Sick Leave During Vacation
Employees who are injured or become ill while on vacation may be paid for sick leave in lieu of vacation.
Attachment #2 Agenda Report Page 71
Piedmont Firefighters Fire Captain Bargaining Unit City of Piedmont
LA #4835-4594-2719 v1
SECTION 12 - SICK LEAVE
12.1 Accrual Rate
Bargaining unit employees shall earn sick leave benefits at the rate of twenty-four (24) hours for each month of employment.
12.2 Sick Leave Conversion/Incentive Program
Effective April 1, 1997, the City amended its contract with CalPERS to add Credit for Unused Sick Leave in accordance with Government Code Section 20965 of the California Public Employees’ Retirement Law. This provision allows employees to add .004 years of service credit for each unused day of sick leave.
12.3 Usage
Employees are entitled to use their earned sick leave benefits to be off work without the loss of compensation under the following conditions:
A. For the employee’s own illness or injury or for the illness or injury of the employee’s family member. For purposes of this Section, “family member” is defined as a biological, adopted, or foster child; stepchild; legal ward, or a child to whom the employee stands in loco parentis; a biological, adoptive, or foster parent; stepparent, or legal guardian of an employee or the employee’s spouse or registered domestic partner, or a person who stood in loco parentis when the employee was a minor child; spouse; registered domestic partner; grandparent; grandchild; or sibling.
B. For the employee’s receipt of required medical or dental care or consultation or for the required medical or dental care or consultation of the employee’s family member.
C. For employees who are victims of domestic violence, sexual assault or stalking as specified in state law.
D. The Fire Chief may require medical certification or other substantiating evidence of illness for any period for which such leave is sought. Such requests shall not be made on an arbitrary or discriminatory basis.
E. Each hour of illness or injury shall be deducted from the employee’s accumulated sick leave benefits.
F. Employees shall be entitled to use a maximum of 144 hours of accumulated sick leave in any calendar year to attend to the illness of a sick family member as defined in Section 12.3(A).
*A registered domestic partnership requires filing an Affidavit of Domestic Partnership with the Secretary of State.
Attachment #2 Agenda Report Page 72
Piedmont Firefighters Fire Captain Bargaining Unit City of Piedmont
LA #4835-4594-2719 v1
12.4 Catastrophic Leave Program
Bargaining unit members may participate in the City’s Catastrophic Leave program, subject to and in accordance with the City of Piedmont Personnel Rules 12(U). Personnel Rules 12(U) is attached as Appendix B and incorporated into this Agreement.
Attachment #2 Agenda Report Page 73
Piedmont Firefighters Fire Captain Bargaining Unit City of Piedmont
LA #4835-4594-2719 v1
SECTION 13 - LEAVE OF ABSENCE
13.1 Industrial Disability Leave
Bargaining unit employees who become disabled by a work-related injury or illness as defined by California Worker’s Compensation law shall be entitled to a leave of absence while so disabled, without loss of compensation, for up to one (1) year or until return to work or retirement, whichever occurs first. The City reserves the right to withhold payment of any Workers’ Compensation disability benefits until such time it is determined whether or not the illness or injury is covered by Workers’ Compensation.
13.2 Military Leave
Military leave shall be granted in accordance with the provisions of state and federal law.
Bargaining unit employees requesting leave for this purpose shall provide the Fire Chief, whenever possible, with a copy of the military orders specifying the dates, site and purpose of the activity or mission. Within the limits of the military orders, the Fire Chief may determine when the leave is to be taken and may modify the employee’s work schedule to accommodate the request for leave. Members should refer to City policy for additional information on military leave granted pursuant to the Family Medical Leave Act and the California Family Rights Act.
13.3 Leave of Absence Without Pay
Bargaining unit employees may be granted a leave of absence without pay for up to one (1) year with written permission from the Fire Chief and the concurrence of the City Administrator. The decision to grant or deny a leave of absence without pay or to extend a previously granted leave of absence without pay shall be final and conclusive and shall not be subject to the grievance procedure of this MOU.
A leave of absence without pay may be granted for any reason approved by the Fire Chief and concurrence of the City Administrator. However, employees shall not engage in other gainful employment unless the Fire Chief, with the concurrence of the City Administrator, provides written authorization to do so. Employees who fail to adhere to the terms and conditions of their leave of absence may be terminated from employment. Further, employees who fail to return to duty following a leave of absence will be considered to have constructively resigned from their position and may be separated from City service after being afforded procedural due process (Skelly rights).
Employees shall be reinstated to their former positions at the conclusion of a leave of absence without pay. An approved leave of absence without pay is not a break in service or employment, and rights accrued at the time the leave is granted are retained by the employee; however, vacation credits, sick leave credits, increases in salary, all other paid leaves, holidays and fringe benefits and other similar benefits shall not accrue to a person during the period of a leave of absence. Nor is the City required to maintain contributions toward group insurance or retirement coverage. During the period of an unpaid leave of absence under this section, all service and leave credits shall be retained at the levels existing as of the effective date of the leave.
Attachment #2 Agenda Report Page 74
Piedmont Firefighters Fire Captain Bargaining Unit City of Piedmont
LA #4835-4594-2719 v1
13.4 Jury Duty
Employees who are summoned for jury service in state or federal court shall receive their regular pay for the time they are absent from work in order to satisfy their jury service. The City may require proof of the time such jury service was required as a condition of receiving time off with pay and any monies received by the employee for their jury service shall be remitted to the City. Employees who are released from jury service prior to 5:00 p.m. and are not required to return for jury service the following day shall report for work for the remainder of their shift. Employees required to serve as jurors shall not have their regular starting or quitting times changed as a result of jury service.
13.5 Family Care and Medical Leave
13.5.1 Employees are entitled to unpaid family care and medical leave as provided by the Family and Medical Leave Act (“FMLA”) and the California Family Rights Act (“CFRA”), as amended. Family care and medical leave shall be provided in accordance with the FMLA, CFRA, City Personnel Rules and this MOU.
13.5.2 Employees may, solely at their option, elect to use earned sick leave and/or accrued vacation leave before leave without pay during an otherwise unpaid family care and medical leave, except that an employee may use no more than 144 hours of accrued sick leave during an otherwise unpaid FMLA/CFRA leave to care for a family member who lives with the employee. Employees continue accruing vacation, sick leave and holidays during family care and medical leave for which they elect to use paid leave.
13.5.3 The City shall maintain its contribution toward health and welfare benefits during a family care and medical leave on the same basis that the City contribution would have been provided had the employee not taken family care and medical leave.
13.5.4 Employees shall retain their employee status during family care and medical leave, and the leave shall not constitute a break in service for any purposes, except that a leave in excess of 30 days will not count toward completion of probation.
13.6 Pregnancy Disability Leave
13.6.1 Pregnant employees are entitled to an unpaid leave of up to four (4) months, as needed, for the period(s) of time they are actually disabled by pregnancy, as determined by the employee’s health care provider. Pregnancy disability leave shall be provided in accordance with state law, City Personnel Rules and this MOU.
13.6.2 Employees may, solely at their option, elect to use earned sick leave and/or accrued vacation leave before leave without pay during an otherwise unpaid pregnancy disability leave. Employees continue accruing vacation, sick leave and holidays during pregnancy disability leave for which they elect to use paid leave.
13.6.3 The City shall maintain its contribution toward health and welfare benefits during a pregnancy disability leave on the same basis that the City contribution would have been provided had the employee not taken pregnancy disability leave.
Attachment #2 Agenda Report Page 75
Piedmont Firefighters Fire Captain Bargaining Unit City of Piedmont
LA #4835-4594-2719 v1
13.6.4 Employees shall retain their employee status during pregnancy disability leave, and the leave shall not constitute a break in service for any purposes, except that a leave in excess of 30 days will not count toward completion of probation.
13.7 Bereavement Leave
Employees are entitled to paid leave from duty for up to three (3) shifts of paid bereavement leave for each in the case of the death of anthe employee’s immediate family member. For purposes of this provision, “immediate family” of an employee means: biological, adopted, or foster child, stepchild, legal ward, or a child to whom the employee stands in loco parentis, a biological, adoptive, or foster parent, stepparent, or legal guardian of an employee or the employee’s spouse or registered domestic partner, or a person who stood in loco parentis when the employee was a minor child, spouse, registered domestic partner, grandparent, grandchild, and siblings. In addition to the three (3) shifts of paid Bereavement Leave, employees may use an additional two (2) shifts of leave for each instance of bereavement taken either as unpaid time or from the employee’s accrued vacation or sick leave as requested by the employee. Bereavement leave may be taken intermittently or consecutively but must be used within three (3) months of the death. Paid bereavement leave does not accrue, has no cash value and does not accumulate over time. the Fire Chief may grant an employee’s request to use accrued vacation, in the case of the death of an immediate family member.
In special cases, the Fire Chief and City Administrator may grant paid Bereavement Leave for the death of a person not included within the definition of immediate family.
All requests for Bereavement Leave shall be made in writing, specifying the time and date of the leave from duty.
13.8 Other Leaves
Employees are entitled to all other leaves as provided by state and federal law and City Personnel Rules.
13.9 Absence Without Leave
Employees who fail to report for duty as scheduled or fail to notify the designated management official prior to the employee’s scheduled start time and provide the reason why the employee cannot report may be subject to disciplinary action.
Attachment #2 Agenda Report Page 76
Piedmont Firefighters Fire Captain Bargaining Unit City of Piedmont
LA #4835-4594-2719 v1
SECTION 14 - HEALTH AND WELFARE
14.1 Flexible Benefit Plan
Effective January 1, 1993, pursuant to Section 125, Section 105, Section 106 and Section 129 of the Internal Revenue Code, the City established the City of Piedmont Flexible Benefit Plan to provide taxable and non-taxable benefits to its employees and to permit employees to choose which of the benefits they wish to receive.
The City shall maintain the Flexible Benefit Plan which includes accounts for health care expenses, dependent care expenses and premium contributions. The City may pay the employer contribution toward medical premiums (less the statutorily mandated minimum paid directly to CalPERS) through the Flexible Benefit Plan. The parties understand that the City’s use of the Flexible Benefit Plan as a vehicle for its premium contributions does not change the City or employee’s contribution to medical insurance premiums as described in this Section 13.
14.2 Hospitalization and Medical Care
Effective January 1, 1997, the City began providing CalPERS medical program benefits to active employees and retirees in accordance with the Public Employees’ Medical and Hospital Care Act (“PEMHCA“).
14.2.1 Basic City Contribution
For all bargaining unit employees and retirees, the City pays the PEMCHA statutory minimum as determined by CalPERS under Government Code Section 22892.
14.2.2 Supplemental City Contribution
In addition to the basic City contribution, the City shall contribute a supplemental amount toward medical insurance premiums as described below.
Prior to implementation of this Section 14.2.2 and Section 14.3.1, 14.3.2, and
14.3.3, the parties understand that the City will comply with California Government Code section 7507, which requires that the City secure an actuary report and the City must present said report at a public meeting. Accordingly, Sections 14.2.2 and Sections 14.3.1, 14.3.2 and 14.3.3 will go into effect the pay period after the City has complied with California Government Code section 7507, retroactive to July 1, 2021.
The City and bargaining unit employees share the cost of medical insurance premiums. The City’s maximum contribution toward the monthly premium costs of an employee’s medical benefits is based on the 2021 CalPERS Kaiser Region 1 premiums plus fifty percent (50%) of subsequent annual premium increases for the CalPERS Kaiser Region 1 premiums.
For the 2021 Effective July 1, 2025, plan year, the City’s monthly contributions towards eligible employees’ elected medical coverage, inclusive of the basic City contribution of the PEMCHA statutory minimum contribution, are shall be as follows:
Attachment #2 Agenda Report Page 77
Piedmont Firefighters Fire Captain Bargaining Unit City of Piedmont
LA #4835-4594-2719 v1
Employee only: $813.641,075.49
Employee +1: $1,627.282,150.99
Employee +family: $2,115.462,796.28
Each plan year, the City shall adjust its contributions towards the monthly premium costs of an employee’s medical benefits by an amount equal to fifty percent (50%) of any increase in the monthly premium rates for the CalPERS Kaiser Region 1 plan at all coverage levels (i.e., employee only, employee + 1 and employee + family). Employees are responsible for the remaining fifty percent (50%) of any premium increases for the CalPERS Kaiser Region 1 plan. Employees selecting medical plans and coverage levels that exceed the City’s maximum contribution are responsible for paying the difference through automatic payroll deduction.
14.2.3 Opt-Out Election
An employee who has medical insurance coverage as a result of being an eligible dependent of another City employee, who has medical insurance coverage as an eligible dependent of a person employed elsewhere, or who otherwise has medical insurance coverage, may elect not to participate in the medical insurance plans offered by the City and may elect to receive $500 per month in lieu of the amount the City would otherwise contribute for medical insurance for the employee. To elect cash in lieu, the employee must sign a waiver of medical insurance coverage provided by the City and provide proof of medical insurance coverage to Human Resources annually before the end of the open enrollment period.
14.3 Retiree Medical
14.3.1 Bargaining Unit Employees Hired Before January 1, 2018 For active bargaining unit employees hired before January 1, 2018 or the effective date of the City’s contract amendment with CalPERS, whichever date is later, who retire from the City while meeting the eligibility requirements for CalPERS retiree health insurance, the City shall pay directly to CalPERS the PEMHCA minimum as determined by CalPERS under Government Code Section 22892. In addition, the City shall make available a Retiree Health Reimbursement Arrangement (HRA). Through the HRA, the City will continue to provide to eligible CalPERS annuitants monthly contributions for medical insurance premiums according to the following formula: (# of years City has contracted w/PEMHCA) x (5%) x (City’s contribution for active employees).
The City’s contribution for annuitants is adjusted annually according to this formula and the annual adjustment to the minimum monthly employer contribution cannot exceed $100.00. The amount paid by the City on behalf of annuitants and/or their eligible survivors shall increase annually under this formula until the City’s contributions for annuitants and active employees are the same.
For 2021,As of July 1, 2025, the City’s contributions for annuitants are as follows:
Attachment #2 Agenda Report Page 78
Piedmont Firefighters Fire Captain Bargaining Unit City of Piedmont
LA #4835-4594-2719 v1
Kaiser Premium: Total Employer
Contribution
% of
Premium
Retiree
Pays
Employee $813.64 $813.64 100% $0
Employee+ 1 $1,627.28 $1,627.28 100% $0
Employee + Family $2,115.46 $1,747.26 82.59% $368.20
14.3.2 Effective August 1, 2012, all bargaining unit employees who will be eligible for the retiree medical insurance benefit described in 14.3.1 will have the City reduce their pay by $50 semi-monthly by payroll deduction and have the City contribute that amount to retiree medical insurance benefits.
14.3.3 Bargaining Unit Employees Hired On or After January 1, 2018 For employees who are hired on or after January 1, 2018, or the effective date of the City’s contract amendment with CalPERS, whichever date is later, and who retire from the City, the City’s maximum contribution toward CalPERS retiree medical coverage shall be the PEMHCA minimum contribution as determined by CalPERS under Government Code Section 22892. Bargaining unit employees hired on or after January 1, 2018, are not eligible for the Retiree HRA described in Section 14.3.1.
14.3 Dental
The City shall continue to provide each eligible employee and his/her eligible dependents dental care benefits under a group insurance plan at no cost to the employee. Orthodontic care is included in the group policy, and covers up to 70% of the cost for adults and children (subject to a lifetime maximum of $5,000 per person).
14.4 Life Insurance and Accidental Death and Dismemberment Insurance The City shall continue to provide each bargaining unit employee with a group term life insurance policy in an amount equal to twice the employee’s gross base annual salary, rounded to the nearest one thousand dollars ($1,000) increment, at no cost to the employee.
The City shall also continue providing each bargaining unit employee with an Accidental Death and Dismemberment insurance policy in an amount equal to twice the employee’s gross annual salary, rounded to the nearest one thousand dollars ($1,000) increment, at no cost to the employee.
14.5 Vision Plan
The City shall continue to provide vision insurance and pay the entire premium cost for all coverage levels (i.e., employee only, employee+1 and employee +family).
14.6 Employee Assistance Plan
The City shall provide an Employee Assistance Plan at no cost to the employee.
Coverage:
Kaiser
Premium:
Total Employer
Contribution:
% of
Premium:
Retiree
Pays:
Retiree $1,112.90 $1,075.49 96.64% $37.41
Retiree + 1 $2,225.80 $2,150.99 96.64% $74.81
Retiree + family $2,893.54 $2,147.26 74.21% $746.28
Attachment #2 Agenda Report Page 79
Piedmont Firefighters Fire Captain Bargaining Unit City of Piedmont
LA #4835-4594-2719 v1
14.7 Conversion of Salary to ICMA Deferred Compensation Employees may convert salary to deferred compensation through ICMA to the extent allowed by law. Contributions to ICMA-DC are subject to federal tax deferral regulations.
14.8 Mandated Plans
If, during the term of this MOU, any state or federal law takes effect that requires the City to provide a different level of benefits or to pay additional contributions to employees’ health care programs or to pay taxes on the City’s health benefits contributions, upon request of the City, the parties agree to reopen this Section 14.
14.9 Schoolmates Program
Children of employees covered by this MOU are eligible to attend the Schoolmates program at no charge.
The children of the employees covered by this Memorandum of Understanding are eligible to attend the Piedmont Recreation Department (PRD) preschool program, Schoolmates programs and PRD run Summer Camps at no charge. Eligibility to attend these programs are based upon availability.
Attachment #2 Agenda Report Page 80
Piedmont Firefighters Fire Captain Bargaining Unit City of Piedmont
LA #4835-4594-2719 v1
SECTION 15 - UNIFORM ALLOWANCE
In January of each year, the City shall supply the following uniform items to each member of the bargaining unit: Six (6) short sleeved t-shirts, two (2) long sleeved t-shirts, two (2) sweatpants, two (2) sweatshirts and two (2) sweat shorts.
In addition, employees shall receive $54.50 per pay period ($109 per month) for the purchase and maintenance of uniforms and items of personal equipment not supplied by the Department. (This payment includes the uniform allowance and the CalPERS contribution.) The City agrees that station duty boots are an item of safety equipment to be provided as needed by the City at no cost to bargaining unit members.
Attachment #2 Agenda Report Page 81
Piedmont Firefighters Fire Captain Bargaining Unit City of Piedmont
LA #4835-4594-2719 v1
SECTION 16 - PROBATION
The probationary period for original appointments shall be for a period of eighteen (18) months.
The probationary period for promotional appointments shall be for a period of six (6) months. If the probationary period is interrupted by an absence of thirty (30) calendar days or more, the probationary period may be extended by the length of such absence. Upon satisfactory completion of the probationary period, the employee shall be appointed as a regular employee of the City or as a regular employee in the promotional position.
A probationary employee shall read and discuss performance evaluations with the Fire Chief before such evaluation becomes part of the employee’s employment record.
An employee may be separated from the City service at any time during the initial probationary period without right of appeal or hearing.
Rejection: Original Appointment. During the initial probationary period an employee’s employment may be terminated at any time by the Fire Chief with or without cause. An initial hire probationary employee who is terminated shall not have the right to appeal the termination.
Notification of termination shall be in writing and shall be served upon the probationary employee at the time of termination.
Rejection: Promotional Appointment. Any employee who fails to successfully complete the probationary period following a promotional appointment shall be reinstated to the position that the employee held prior to the promotion, assuming there are no grounds for termination and the employee can perform the essential functions of the prior position.
Attachment #2 Agenda Report Page 82
Piedmont Firefighters Fire Captain Bargaining Unit City of Piedmont
LA #4835-4594-2719 v1
SECTION 17 - RESIGNATION AND REINSTATEMENT
17.1 Resignation
A bargaining unit employee wishing to leave the service in good standing shall file with the Fire Chief a notice of intent to leave the service. The written resignation shall state the effective date and reasons for leaving. The resignation shall be forwarded to the City Administrator’s Office, with a statement by the Fire Chief as to the resigned employee’s service performance and other pertinent information concerning the cause for resignation.
17.2 Reinstatement
A regular employee who has resigned in good standing may be reinstated at the sole discretion of the Fire Chief to a vacant position of the same class as the employee’s previous position within a period of one (1) year from the effective date of the resignation.
Reinstatement shall be made at the salary step recommended by the Fire Chief and approved by the City Administrator, but not lower than the salary step held at the time the employee resigned from City employment.
The reinstated employee will serve a new probationary period and in all other ways (except for the salary provision set forth above) shall be considered a new employee.
Attachment #2 Agenda Report Page 83
Piedmont Firefighters Fire Captain Bargaining Unit City of Piedmont
LA #4835-4594-2719 v1
SECTION 18 - LAYOFF
18.1 Order of Layoff
In the event of a reduction of force, the employee with the least service shall be laid off first.
18.2 Order of Rehire
An employee who is laid off shall be placed on a rehire list for a period of one (1) year from the date of the employee’s most recent layoff. When hiring to fill a vacant position in a bargaining unit classification, the rehire list shall take precedence over all other employment lists. The last employee laid off shall be the first employee rehired until the rehire list is exhausted. Any employee reemployed from the rehire list shall be returned to their pay step and retain all unused sick leave accrual. All rehired employees will resume accruing vacation based on their months of service at the time of their lay off.
18.3 Failure to Accept Reemployment
Laid off employees are not eligible for rehire after one (1) year on a rehire list. Laid off employees who decline an offer of rehire or fail to report for assignment after being properly notified of their reemployment shall waive all rights to reemployment with the City.
18.4 Length of Service
The Department shall keep an up-to-date length of service list of all employees covered by this MOU and post the length of service list in a conspicuous place. This provision is for the convenience of the parties. Any disputes concerning the accuracy of the posted length of service list may be processed through the grievance procedure.
Attachment #2 Agenda Report Page 84
Piedmont Firefighters Fire Captain Bargaining Unit City of Piedmont
LA #4835-4594-2719 v1
SECTION 19 - DISCIPLINE OR DISCHARGE
19.1 Right of Discipline or Discharge
The City shall have the right to discharge or otherwise discipline any non-probationary employee for just cause as provided in Rule 8 of the City’s Personnel Rules. Probationary employees serve at the pleasure of the City, and the City shall not be required to demonstrate just cause to terminate probationary employees. The City shall comply with the Firefighters Procedural Bill of Rights Act, Government Code section 3250 et seq. with respect to all disciplinary matters.
19.2 Appeals
The City shall comply with all pre-disciplinary requirements imposed by state and federal law and Rule 8 of the City’s Personnel Rules. Non-probationary employees shall have the right to appeal the imposition of disciplinary action in accordance with Rule 8 of the City’s Personnel Rules and/or Government Code section 3254.5.
Attachment #2 Agenda Report Page 85
Piedmont Firefighters Fire Captain Bargaining Unit City of Piedmont
LA #4835-4594-2719 v1
SECTION 20 - PERSONNEL FILES
Bargaining unit employees and/or their designated representative, on presentation of a written request from the employee or the employee’s representative, shall have the right to inspect and receive copies of the entire contents of the employee’s personnel files. Access to the employee’s personnel files shall be granted within three (3) business days following submission of the written request to the City’s Human Resources Department.
Attachment #2 Agenda Report Page 86
Piedmont Firefighters Fire Captain Bargaining Unit City of Piedmont
LA #4835-4594-2719 v1
SECTION 21 - GRIEVANCE PROCEDURE
21.1 General Procedure
The formal grievance procedure is intended to supplement other informal and low level methods of responding to and settling problems and complaints. If informal and low level methods fail to resolve an issue, the formal grievance procedure may be utilized to resolve problems and disputes. Formal grievances may be initiated in the first instance without resorting to informal and low level methods.
A “grievance” is defined as a dispute involving the interpretation or application of this MOU, Fire Department Rules and Regulations or the City’s Personnel Rules (excluding discipline and discharge of bargaining unit employees) which adversely affects the grievant. Appeals from discipline and discharge are not grievances and shall be processed in accordance with the City’s Personnel Rules and the Firefighters Procedural Bill of Rights Act, Government Code section 3250 et seq.
Individual bargaining unit employees and/or the Union may file grievances. The Union may file a grievance on behalf of itself, a single bargaining unit employee or multiple similarly situated bargaining unit employees (group grievance).
A Union representative may assist an individual grievant at each step of the grievance procedure and be present at any and all grievance meetings with the City or City representatives.
The time limits established for any step of the grievance procedure may be waived or extended by mutual agreement of the parties to the grievance. Such time extensions must be confirmed in writing within the time limits specified for the particular step of the grievance procedure.
The parties may meet to discuss a grievance at any step in the grievance procedure in an effort to resolve the particular dispute.
21.2 Contents of Formal Grievance
Formal grievances shall be presented in writing and shall contain the following minimum information:
1. A clear and concise statement of the facts and circumstances giving rise to the grievance.
2. The specific provisions of this MOU, Fire Department Rules and Regulations, City Personnel Rules or practices alleged to have been misinterpreted or misapplied, along with a statement identifying how or why the provisions were misinterpreted or misapplied.
3. An explanation of how the employee has been adversely affected.
4. A statement of the remedy requested.
Attachment #2 Agenda Report Page 87
Piedmont Firefighters Fire Captain Bargaining Unit City of Piedmont
LA #4835-4594-2719 v1
21.3 Information
The Union is entitled to request and receive copies of any non-confidential and nonprivileged documents and other relevant information within the City’s possession or control pertaining to the grievance.
21.4 Steps of the Formal Grievance Procedure
Step 1. Fire Chief
A formal written grievance shall be presented to the Fire Chief within thirty (30) calendar days of the date the grievant or Union knew or reasonably should have known about the actions and/or circumstances giving rise to the grievance. The Fire Chief shall investigate the grievance and meet with the grievant and Union representatives within fifteen (15) calendar days following presentation of the grievance at Step 1. The Fire Chief shall respond in writing to the grievance within five (5) calendar days following the Step 1 grievance meeting.
Step 2. City Administrator
If the grievant and/or the Union are not satisfied with the Fire Chief’s Step 1 response to the grievance, the grievance may be advanced, in writing, to the City Administrator within fifteen (15) calendar days following receipt of the Step 1 written response. The City Administrator or designee other than the Fire Chief shall investigate the grievance and meet with the grievant and Association representatives within fifteen (15) calendar days following receipt of the written request to advance the grievance to Step 2. The City Administrator shall respond in writing to the grievance within five (5) calendar days following the Step 2 meeting. The City Administrator’s decision shall be final.
Attachment #2 Agenda Report Page 88
Piedmont Firefighters Fire Captain Bargaining Unit City of Piedmont
LA #4835-4594-2719 v1
SECTION 22 - SAFETY
Bargaining unit employees agree to comply with all safety rules and regulations in effect and any subsequent rules and regulations that may be adopted. Bargaining unit employees further agree that they will report all accidents and safety hazards to the appropriate management official immediately. Any bargaining employee having knowledge of or who is a witness to an accident shall, if requested, give full and truthful testimony as to same.
The Union may appoint one (1) bargaining unit employee to the Fire Department Safety Committee.
Attachment #2 Agenda Report Page 89
Piedmont Firefighters Fire Captain Bargaining Unit City of Piedmont
LA #4835-4594-2719 v1
OR
SECTION 23 - GENERAL PROVISIONS
23.1 Departmental Rules and Regulations
The Union agrees that its members shall comply with all Fire Department Rules and Regulations. The Union agrees, if requested during the term of this MOU, to meet with the Fire Chief for the purpose of reviewing and updating the Fire Department Rules and Regulations.
23.2 Maintenance of Qualifications
All employees must continue to meet the basic requirements for their position during the term of their employment:
Fire Captain Paramedic
Fire Officer/Company Officer Certificate
Advanced Cardiac Life Support (ACLS) certificate,
Pre-Hospital Trauma Life Support (PHTLS) certificate or Basic Trauma Life Support (BTLS) certificate, and
Pediatric Advanced Life Support (PALS) certificate or Pediatric Emergency Procedures (PEP) certificate.
Fire Captain – EMT
Fire Officer/Company Officer Certificate
EMT-Basic certificate.
23.2.1 All bargaining unit employees are required to possess and maintain a valid CPR Instructor Certificate and annually to participate actively as a lead instructor in the CPR instruction provided by the Department and approved by the Fire Chief. Bargaining unit employees’ base salary was increased by four percent (4%), effective July 1, 2017, to compensate bargaining unit employees for these CPR certification and instruction requirements.
23.3 Defense and Indemnity
The City shall defend and indemnify bargaining unit employees from liability for their actions or inactions within the course and scope of their duties.
23.4 Shift Trades
Bargaining unit employees may trade shifts in conformity with the Fire Department Rules and Regulations.
Current State of
California
ParamedicLicense
and Alameda
County Paramedic
Accreditation
Attachment #2 Agenda Report Page 90
Piedmont Firefighters Fire Captain Bargaining Unit City of Piedmont
LA #4835-4594-2719 v1
SECTION 24 - EDUCATION ALLOWANCE
The City shall reimburse bargaining unit employees for educational expenses not to exceed Two Thousand Dollars ($2,000) per fiscal year for the completion of off-duty courses relating directly to the employee’s work assignment or for completion of courses required for the attainment of a degree or certificate program in a field relating to the employee’s work assignment.
Bargaining unit employees must submit an application to the Fire Chief containing all information needed to evaluate the request. The Fire Chief must approve the employee’s application prior to attending the course in order to receive reimbursement. Upon completion of the course, the employee must provide the Fire Chief with a copy of the grade sheet or certificate indicating a passing grade, along with appropriate receipts for tuition and books in order to receive reimbursement. Employees who receive reimbursement from the City for books and materials are required to relinquish the books and materials to the Fire Department for future use and reference by other City employees.
Attachment #2 Agenda Report Page 91
Piedmont Firefighters Fire Captain Bargaining Unit City of Piedmont
LA #4835-4594-2719 v1
SECTION 25- PAST PRACTICES AND EXISTING MEMORANDA OF
UNDERSTANDING
Continuance of working conditions and practices not specifically authorized by ordinance or by resolution of the City Council, or by the Fire Department Rules and Regulations as they may be amended, is not guaranteed by the Memorandum of Understanding.
This MOU shall supersede all prior or existing memoranda of understanding and City Council resolutions covering the terms and conditions of employment of Fire Captains or the Unit. All rights, privileges, and terms and conditions of employment in full force and effect through the duration of the previous MOU, and not in conflict herewith, shall become a part of this agreement and remain in effect until mutually modified by the parties hereto.
Attachment #2 Agenda Report Page 92
Piedmont Firefighters Fire Captain Bargaining Unit City of Piedmont
LA #4835-4594-2719 v1
SECTION 26 - LIMITED DUTY WORK
26.1 Injured employees who are temporarily disabled due to a work related injury or illness are required to submit a medical report to the Fire Department, following initial treatment, indicating what, if any, limited duty the employee can perform. Periodic medical reports that may be required by the Department shall also address what, if any, limited duty the employee can perform.
26.2 Employees on extended sick leave are likewise required to provide these periodic reports which should also contain limited duty information.
26.3 For employees whose limited duty arrangement calls for less than the regular number of hours worked per payroll period, the hours actually worked will be shown as regular time on the time card and the remaining hours (the difference between hours actually worked and hours normally scheduled) will be charged to the appropriate leave. For employees expected to be on a less-than-normal schedule for more than thirty (30) days, the Fire Department will initiate a personnel action form adjusting accrual rates of such work schedule-related benefits as vacation and sick leave. When the individual returns to his or her regular work schedule the Fire Department will initiate another personnel action form to return accrual rates to normal; however, there will be no adjustment of balances as a result of an accrual rate change.
26.4 The duty limitations specified by the treating physician must be strictly adhered to when making work assignments. As appropriate, suggested assignments include performing fire inspections and routine maintenance, compiling data and statistics, organizing training programs and evolutions, and the like.
26.5 Limited-duty assignments should be such that there is minimum risk of further injury or aggravation of the existing injury.
Attachment #2 Agenda Report Page 93
Piedmont Firefighters Fire Captain Bargaining Unit City of Piedmont
LA #4835-4594-2719 v1
SECTION 27 - RESIDENCY REQUIREMENTS
Bargaining unit employees shall reside within the defined geographical area agreed to by the parties. A map showing the geographical area is retained by City Human Resources and the Union.
Attachment #2 Agenda Report Page 94
Piedmont Firefighters Fire Captain Bargaining Unit City of Piedmont
LA #4835-4594-2719 v1
SECTION 28 - SAVINGS CLAUSE
If any provision of this MOU becomes invalid by operation of law or order of a court of competent jurisdiction, or if compliance with or enforcement of any provision is restrained by any tribunal, the remaining provisions of this MOU shall not be affected thereby, and the parties shall enter into negotiations for the sole purpose of arriving at a mutually satisfactory replacement for the invalid provision.
Attachment #2 Agenda Report Page 95
Piedmont Firefighters Fire Captain Bargaining Unit City of Piedmont
LA #4835-4594-2719 v1
SECTION 29 - TERM OF AGREEMENT
29.1 Except as otherwise provided in specific sections, following approval by the City Council, this MOU shall be in full force and effect from July 1, 20251 through June 30, 20265.
29.2 Notice of the Association’s desire to reopen negotiations for the purpose of amending or terminating this Agreement shall be given to the City Administrator no later than May 1, 20265.
Attachment #2 Agenda Report Page 96
Piedmont Firefighters Fire Captain Bargaining Unit City of Piedmont
LA #4835-4594-2719 v1
APPENDIX A – WAGE TABLE
Effective 7/1/2021, 3% Step 1 Step 2 Step 3 Step 4 Step 5 Fire Captain $10,747 $11,286 $11,850 $12,440 $13,058 Fire Officer 5% $11,284 $11,850 $12,443 $13,062 $13,711 Chief Officer 10% $11,822 $12,415 $13,035 $13,684 $14,364 Paramedic (Designated
after March 5, 2018) 4% $11,177 $11,737 $12,324 $12,938 $13,580 Paramedic (Designated
before March 5, 2018) 12% $12,037 $12,640 $13,272 $13,933 $14,625 Fire Officer/Paramedic 5% + 4% $11,714 $12,302 $12,917 $13,560 $14,233 Chief Officer/Paramedic
(Designated before
March 5, 2018)
10% +
12% $13,111 $13,769 $14,457 $15,177 $15,931
Effective 7/1/2022, 3% Step 1 Step 2 Step 3 Step 4 Step 5 Fire Captain $11,069 $11,625 $12,206 $12,813 $13,450 Fire Officer 5% $11,622 $12,206 $12,816 $13,454 $14,123 Chief Officer 10% $12,176 $12,788 $13,427 $14,094 $14,795 Paramedic (Designated
after March 5, 2018) 4% $11,512 $12,090 $12,694 $13,326 $13,988 Paramedic (Designated
before March 5, 2018) 12% $12,397 $13,020 $13,671 $14,351 $15,064 Fire Officer/Paramedic 5% + 4% $12,065 $12,671 $13,305 $13,966 $14,661 Chief Officer/Paramedic
(Designated before
March 5, 2018)
10% +
12% $13,504 $14,183 $14,891 $15,632 $16,409
Effective 7/1/2023, 3.25% Step 1 Step 2 Step 3 Step 4 Step 5 Fire Captain $11,429 $12,003 $12,603 $13,229 $13,887 Fire Officer 5% $12,000 $12,603 $13,233 $13,890 $14,581 Chief Officer 10% $12,572 $13,203 $13,864 $14,552 $15,276 Paramedic (Designated
after March 5, 2018) 4% $11,886 $12,483 $13,107 $13,758 $14,442 Paramedic (Designated
before March 5, 2018) 12% $12,800 $13,443 $14,115 $14,816 $15,553 Fire Officer/Paramedic 5% + 4% $12,458 $13,083 $13,738 $14,420 $15,137 Chief Officer/Paramedic
(Designated before
March 5, 2018)
10% +
12% $13,943 $14,644 $15,376 $16,139 $16,942
Attachment #2 Agenda Report Page 97
Piedmont Firefighters Fire Captain Bargaining Unit City of Piedmont
LA #4835-4594-2719 v1
Effective 7/1/2024, 3.25% Step 1 Step 2 Step 3 Step 4 Step 5 Fire Captain $11,800 $12,393 $13,013 $13,659 $14,338
Fire Officer 5% $12,390 $13,013 $13,664 $14,342 $15,055 Chief Officer 10% $12,980 $13,632 $14,314 $15,025 $15,772 Paramedic (Designated
after March 5, 2018) 4% $12,272 $12,889 $13,534 $14,205 $14,912 Paramedic (Designated
before March 5, 2018) 12% $13,216 $13,880 $14,575 $15,298 $16,059 Fire Officer/Paramedic 5% + 4% $12,862 $13,508 $14,184 $14,888 $15,628 Chief Officer/Paramedic
(Designated before
March 5, 2018)
10% +
12% $14,396 $15,119 $15,876 $16,664 $17,492
Effective 7/1/2025, 3.25%
Step 1
0‐12 Mo.
Step 2
13‐24 Mo.
Step 3
25‐36 Mo.
Step 4
37‐48 Mo.
Step 5
49 Mo.+
Fire Captain $12,183.50 $12,795.77 $13,435.92 $14,102.92 $14,803.99 Fire Officer 5% $12,792.68 $13,435.56 $14,107.72 $14,808.07 $15,544.19 Chief Officer 10% $13,401.85 $14,075.35 $14,779.51 $15,513.21 $16,284.39 Paramedic (Designated
after March 5, 2018) 4% $12,670.84 $13,307.60 $13,973.36 $14,667.04 $15,396.15 Fire Officer/Paramedic 5% + 4% $13,280.02 $13,947.39 $14,645.16 $15,372.18 $16,136.35 Chief Officer/Paramedic 10% + 4% $13,889.19 $14,587.18 $15,316.95 $16,077.33 $16,876.55 Attachment #2 Agenda Report Page 98
Piedmont Firefighters Fire Captain Bargaining Unit City of Piedmont
LA #4835-4594-2719 v1
APPENDIX B – City of Piedmont Personnel Rules 12 (U)
U. CATASTROPHIC LEAVE
1. An employee’s eligibility for catastrophic leave requires recommendation by the department head and approval by the City Administrator.
2. City employees who have completed their initial probationary periods are eligible to receive donations of paid leave that are included in the recipient employee’s sick leave balance. Leave donations are only available to employees who suffer a catastrophic illness or injury. For purposes of this section, “catastrophic illness or injury” is defined as a serious medical condition that is terminal, a major physical impairment, or a family medical emergency. For purposes of this section, “family medical emergency” is defined as a catastrophic illness or injury of a biological, adopted, or foster child, stepchild, legal ward, or a child to whom the employee stands in loco parentis, a biological, adoptive, or foster parent, stepparent, or legal guardian of an employee or the employee’s spouse or registered domestic partner, or a person who stood in loco parentis when the employee was a minor child, spouse, registered domestic partner, grandparent, grandchild, or sibling residing in the employee’s household.
3. The availability of catastrophic leave is subject to all of the following conditions:
a. The recipient employee, recipient employee’s family, or other person designated in writing by the recipient must submit a request to the City Administrator or designee.
b. The recipient employee is not eligible so long as the employee has accrued paid leave time available; however, a request for catastrophic leave request may be initiated prior to the anticipated date that the employee will exhaust all leave balances.
c. The recipient employee must provide a medical verification which meets the criteria above and a prognosis.
d. Employees may donation accrued leave to another employee approved for catastrophic leave in whole hour increments. The donor employee may donate Attachment #2 Agenda Report Page 99
Piedmont Firefighters Fire Captain Bargaining Unit City of Piedmont
LA #4835-4594-2719 v1
vacation up to any amount, but the City may require that the donor employee retain 40 hours of accrued vacation leave. Sick leave may be donated up to 24 hours in whole hour increments. Donations may be made and received from any individual employed by the City of Piedmont. Donations of accrued leave are irrevocable.
e. Time donated will be converted from the type of time donated to sick leave and credited to the recipient employee’s sick leave balance on an hour-for-hour basis and shall be paid at the rate of pay of the recipient employee. f. Time donated in any pay period may be used in the following pay periods.
Retroactive leave donations are not permitted.
Signed and agreed to this _____ day of __________, 20251
CITY OF PIEDMONT PIEDMONT FIREFIGHTERS
LOCAL 2683, IAFF, FIRE CAPTAIN
UNIT
By ____ By
Betsy Smegal Andersen, Mayor Mike Carlisle Scott
Barringer
By ____ By
Rosanna Bayon Moore, City Administrator Jonathan Fitzpatrick By ____ By
Anna Brown, City Clerk Mike CarlisleJustin McNulty
Attachment #2 Agenda Report Page 100
Service Employees International Union Local 1021 City of Piedmont General Employees Unit 7/1/215-6/30/259
MEMORANDUM OF UNDERSTANDING
BETWEEN THE
CITY OF PIEDMONT
AND
SERVICE EMPLOYEES INTERNATIONAL UNION, LOCAL 1021
(GENERAL EMPLOYEES UNIT)
July 1, 2025 – June 30, 20295
Attachment #3 Agenda Report Page 101
Service Employees International Union Local 1021 City of Piedmont General Employees Unit 7/1/215-6/30/259
TABLE OF CONTENTS
SECTION 1 - RECOGNITION ....................................................................................................................... 3 SECTION 2 - NO DISCRIMINATION ........................................................................................................ 43 SECTION 3 - UNION SECURITY ................................................................................................................. 4 SECTION 4 - UNION STEWARDS ............................................................................................................... 5 SECTION 5 - UNION COMMUNICATION RIGHTS .................................................................................. 6 SECTION 6 - HOURS OF WORK ................................................................................................................. 7 SECTION 7 - WAGES AND CLASSIFICATION ..................................................................................... 109 SECTION 8 - PROBATIONARY PERIOD.............................................................................................. 1614 SECTION 9 - HOLIDAYS ........................................................................................................................ 1714 SECTION 10 - VACATION LEAVE ....................................................................................................... 1916 SECTION 11 - SICK LEAVE ................................................................................................................... 2017 SECTION 12 - LEAVES ........................................................................................................................... 2118 SECTION 13 - INJURY PAY ................................................................................................................... 2522 SECTION 14 - HEALTH PLANS AND LIFE INSURANCE .................................................................. 2622 SECTION 15 - UNIFORM ALLOWANCE.............................................................................................. 3026 SECTION 16 - LAYOFF .......................................................................................................................... 3026 SECTION 17 – CONTRACTING OUT .................................................................................................... 3027 SECTION 18 – PROFESSIONAL DEVELOPMENT REIMBURSEMENT ........................................... 3127 SECTION 19 – OTHER ............................................................................................................................ 3127 SECTION - 20 - GRIEVANCE PROCEDURE ........................................................................................ 3127 SECTION 21 - SCOPE OF MEMORANDUM OF UNDERSTANDING................................................ 3228 SECTION 22 - SAVINGS CLAUSE ........................................................................................................ 3228 SECTION 23 - ENACTMENT ................................................................................................................. 3228 SECTION 24 - REOPENING NEGOTIATIONS ..................................................................................... 3329 SECTION 25 - TERM OF MEMORANDUM OF UNDERSTANDING ................................................. 3329 APPENDIX A SALARIES........................................................................................................................ 3430 Attachment #3 Agenda Report Page 102
Service Employees International Union Local 1021 City of Piedmont General Employees Unit 7/1/215-6/30/259
MEMORANDUM OF UNDERSTANDING
BETWEEN THE
CITY OF PIEDMONT
AND
SERVICE EMPLOYEES INTERNATIONAL UNION, LOCAL 1021
(GENERAL EMPLOYEES UNIT)
July 1, 20251 – June 30, 20295
This Memorandum of Understanding is entered into by the City of Piedmont, a political subdivision, hereinafter named “City” and Service Employees International Union, Local 1021, hereinafter named “Union” concerning conditions of employment to be in effect during the period of July 1, 20251 through June 30, 20295 for those employees working in the General Employees Unit referred to and further described in Section 1 of this Memorandum.
SECTION 1 - RECOGNITION
The City recognizes the Union as the exclusive bargaining representative for all full-time permanent employees in the General Unit in classifications of Dispatcher, Community Service Officer, and Police Records Specialist as set forth in this Memorandum, as well as any new related classifications upon mutual agreement between the City and the Union. If agreement cannot be reached, the California State Conciliation Service shall be requested to mediate the dispute.
The Union recognizes its obligations to cooperate with the City to assure maximum service of the highest quality and efficiency to citizens of the City of Piedmont together with its obligations to the employees which the Union represents.
The City recognizes the Union as the exclusive bargaining representative for all full-time permanent employees in the General Unit in classifications of Dispatcher, Community Service Officer, and Police Records Specialist as set forth in this Memorandum, as well as any new related classifications upon mutual agreement between the City and the Union. If agreement cannot be reached, the California State Conciliation Service shall be requested to mediate the dispute.
The Union recognizes its obligations to cooperate with the City to assure maximum service of the highest quality and efficiency to citizens of the City of Piedmont together with its obligations to the employees which the Union represents.
Attachment #3 Agenda Report Page 103
Service Employees International Union Local 1021 City of Piedmont General Employees Unit 7/1/215-6/30/259
SECTION 2 - NO DISCRIMINATION
2.1 DESCRIPTION OF RIGHTS
No unit member shall be treated discriminatorily because of race, religious creed, color, national origin, ancestry, sex, sexual orientation, physical disability, mental disability, medical condition, genetic information, marital status, gender, gender identity, gender expression, membership or participation in an employee organization, political affiliation or opinion, or age, to the extent prohibited by applicable state or federal law.
2.2 AMERICANS WITH DISABILITIES ACT
The City and the Association acknowledge that the Americans with Disabilities Act (ADA) and other state and federal statutes require accommodation for unit members protected under that statute, that accommodations must be determined on an individual case by case basis, and that the City has a legal obligation to meet with the unit member to discuss accommodations.
2.3 ACCOMMODATION NOT A PAST PRACTICE
Any accommodation provided to a bargaining unit member as required by the ADA or other state and federal disability statutes shall not establish a past practice nor shall it be used as evidence of a past practice in any grievance.
SECTION 3 - UNION SECURITY
3.1 NOTIFICATION OF RECOGNIZED UNION
When a person is hired in any of the job classifications within the General Employees Unit, the City shall notify such person(s) that the Union is the recognized bargaining agent for the employees in said Unit.
The City shall post, within the employee work or rest area, a notice which sets forth the classifications within the General Employees Unit and the name and address of the Union.
3.2 DEDUCTION OF UNION DUES
Employees may voluntarily join the Union and authorize individual payroll deductions for dues, initiation fees, and general assessments, as well as any other membership benefit program sponsored by the Union (hereinafter collectively "dues deductions"). The Union shall be responsible for maintaining records of bargaining unit employees who provide written consent to join the Union and authorize dues deductions. The Union shall certify to the City the identity of such members and the amount of the dues deductions to be withheld from their paychecks.
The City shall deduct from the Union paychecks of each employee who voluntarily authorizes dues deductions as certified by the Union, or pursuant to an authorization form tendered to the City by the Union or the employee, Union dues, voluntary COPE Attachment #3 Agenda Report Page 104
Service Employees International Union Local 1021 City of Piedmont General Employees Unit 7/1/215-6/30/259
deductions, and premiums for approved insurance programs from an employee’s pay in conformity with state and city regulations. The deductions shall commence with the beginning of the next pay period following receipt of the authorization. The City shall promptly remit the total amount deducted, together with a list identifying each employee from whom a deduction was made, to the Secretary-Treasurer of the Union as the person authorized to receive such funds. The Union shall specify the address by which the City shall forward the dues deductions.
The employee's earnings must be sufficient, after all other required donations are made, to cover the amount of the deductions herein authorized. When an employee is in a nonpay status for an entire pay period, no withholdings will be made to cover that pay period from future earnings nor will the employee deposit the amount with the City which would have been withheld if the employee had been in pay status during that period. In the case of an employee who is in a non-pay status during a part of the pay period, and the salary is not sufficient to cover the full withholdings, no deduction shall be made. In this connection, all required deductions have priority over the Union deduction.
If an employee desires to revoke, cancel or change their prior dues deduction authorization, the City shall direct the employee to the Union. Any such dues deduction, revocation cancellation, and/or change shall be effective only when submitted by the Union to the City and is subject to the terms and conditions set forth in the original payroll deduction/authorization.
The City will implement any change to a bargaining unit employee’s payroll deductions during the first full pay period following notification of such change by the Union.
The Union shall indemnify, defend and hold the City harmless against any and all claims, demands, suits, proceedings, or court orders, or any other liability that may arise out of or by reason of action taken or not taken by the City for the purpose of complying with any of the provisions of this dues deduction agreement.
3.3 EMPLOYEE INFORMATION
The City shall provide the Union representatives with a digital file via email containing the name, job title, department, work location, work, home and personal cellular telephone number, personal email addresses on file with the employer, and home address of any newly hired employee in bargaining unit classifications represented by the Union within thirty (30) days of the date of hire or by the first pay period of the month following hire. The City shall also provide the Union representatives with a list of that same information for all existing unit employees at least every 120 days.
SECTION 4 - UNION STEWARDS
The City and the Union agree that good labor relations are fostered and maintained through prompt, decisive and fair adjustment of grievances at the lowest possible administrative level.
Attachment #3 Agenda Report Page 105
Service Employees International Union Local 1021 City of Piedmont General Employees Unit 7/1/215-6/30/259
The Union may select a reasonable number of stewards from within the represented Unit. The Union shall provide a current list of stewards, regularly updated, to the City showing employee name and classification.
The City will recognize a steward or officer selected by the Union as its representative in settling grievances with the City management. It is understood and agreed that the handling of any grievance will not unreasonably interfere with the duties of the steward as an employee.
Accordingly, a steward who is released by a supervisor to investigate a grievance or to meet with City officials shall return promptly to his/her assigned duties.
One steward shall be relieved from assigned work duties by the supervisor to attend meetings arranged with management and to investigate and process grievances initiated by other employees within the same work area. In no event shall the steward order any changes, and no changes shall be made except with the consent of the appropriate Department Heads.
The Union Field Representative shall be permitted to enter work areas where the members are employed during normal working hours for the purpose of ascertaining whether the terms and conditions of this Agreement are being observed, to observe working conditions and to assist in the processing of grievances. The Union Field Representative shall provide the Police Chief, or his/her designee, with a minimum of two (2) days notice before arrival.
SECTION 5 - UNION COMMUNICATION RIGHTS
5.1 Bulletin Boards
Reasonable space shall be provided on bulletin boards as specified by Department Heads for use by employees and the Union for communications having to do with official Union business, such as times and places of meetings.
5.2 New Employee Orientation
A Union labor relations representative shall have the right to meet with a newly hired bargaining unit member for up to 30 minutes to communicate with the employee about the rights and obligations created by the MOU and the role of the union, among other topics.
5.2.1 The meeting shall occur on the newly hired bargaining unit member’s first day of work during the employee’s regular working hours and after the City has completed all of the City’s new employee orientation activities.
5.2.2 The City shall give the Union at least 10 days’ notice of a newly hired bargaining unit member’s first day of work, unless Human Resources receives less than 10 days’ notice of the employee’s first day of work. The Union representative shall contact Human Resources to schedule the time for the meeting.
5.2.3 If the Union labor relations representative is unable to attend a meeting with a newly hired employee on the employee’s first day of work, the Union Attachment #3 Agenda Report Page 106
Service Employees International Union Local 1021 City of Piedmont General Employees Unit 7/1/215-6/30/259
representative shall schedule the meeting, through Human Resources, within seven (7) calendar days of the newly hired employee’s first day of work.
5.3 Employee Information
Within 30 days of the date of hire, the City shall provide the Union with the name, job title, department, work location; work, home, and personal cellular telephone numbers and personal email addresses on file with the City, if any, and the home address of the employee. On an annual basis, by March 1 each year, the City shall provide the same information for all bargaining unit members to the Union.
SECTION 6 - HOURS OF WORK
6.1 WORKDAY AND WORK PERIOD
The regular daily work schedule for employees assigned to the classification of Animal Control Officer shall be eight (8) hours and the regular weekly work schedule shall be forty (40) hours.The normal work period for Dispatchers shall consist of six (6) twelve (12) hour shifts and one (1) eight (8) hour shift in a fourteen (14) day period, unless altered, changed and/or amended by the Police Chief because of employee’s performance, operational convenience and/or efficiency. Dispatchers shall receive at least seven (7) days written notification of any such alteration, change, and/or amendment.
The City may assign a Dispatcher to the Dispatch Relief Position. The Dispatch Relief’s regular work schedule is (4) four days per week, ten (10) hours per day. The City reserves the right to adjust the regular work schedule of the Relief Dispatch position for operational needs. In such case, the Dispatch Relief will receive at least seven (7) days’ notice before the work schedule change. The Dispatch Relief position is also expected to cover for the absence of other dispatchers who are on approved vacation determined by the regular vacation sign-up process, or for absences of more than three (3) days wherein management is able to give at least seven (7) days’ before the work schedule change.
The normal work period for Dispatchers shall consist of eighty (80) hours to be worked within a fourteen (14) day work period beginning at 0630 hours on Monday and ending at 0629 hours on the second following Monday. Dispatchers assigned to the Dispatch Relief position may be allowed, as determined by and at the discretion of the Police Chief, to work an alternate schedule, after meeting with the affected Dispatcher and a union representative.
The regular daily work schedule for employees assigned to the classification of Community Service Officer shall consist of either six (6) twelve (12) hour shifts and one (1) eight (8) hour shift in a fourteen (14) day period, or (4) four days per seven day period and ten (10) hours per day. Community Service Officers may be assigned either of these two schedules and the assignment may be altered, changed and/or amended by the Police Chief because of the needs of the community, the employee's performance, operational convenience and/or efficiency. Community Service Officers shall receive at least fourteen (14) days written notification of any such alteration, change, and/or amendment.
Attachment #3 Agenda Report Page 107
Service Employees International Union Local 1021 City of Piedmont General Employees Unit 7/1/215-6/30/259
The normal work period for Dispatchers shall consist of six (6) twelve (12) hour shifts and one (1) eight (8) hour shift in a fourteen (14) day period, unless altered, changed and/or amended by the Police Chief because of employee's performance, operational convenience and/or efficiency. Dispatchers shall receive at least seven (7) days written notification of any such alteration, change, and/or amendment.
The City may assign a Dispatcher to the Dispatch Relief Position. The Dispatch Reliefs regular work schedule is (4) four days per week, ten (10) hours per day. The City reserves the right to adjust the regular work schedule of the Relief Dispatch position for operational needs. In such case, the Dispatch Relief will receive at least seven (7) days' notice before the work schedule change. The Dispatch Relief position is also expected to cover for the absence of other dispatchers who are on approved vacation determined by the regular vacation signup process, or for absences of more than three (3) days wherein management is able to give at least seven (7) days' before the work schedule change.
The normal work period for Dispatchers shall consist of eighty (80) hours to be worked within a fourteen (14) day work period beginning at 0630 hours on Monday and ending at 0629 hours on the second following Monday. Dispatchers assigned to the Dispatch Relief position may be allowed, as determined by and at the discretion of the Police Chief, to work an alternate schedule, after meeting with the affected Dispatcher and a union representative.
6.2 REST PERIODS
Each employee shall be granted a rest period of fifteen (15) minutes during the first half of the shift and fifteen (15) minutes during the second half of the shift. Employees assigned to the classification of Dispatcher may take their rest and meal periods at such time as authorized and only after being properly relieved.
6.3 MEAL PERIODS
A meal period shall be granted to each employee during the shift and shall be scheduled as close as possible to the middle of the shift. Such meal period shall be one-half (1/2) hour in duration for employees assigned to the classifications of Dispatcher and Animal Control.Community Service Officer.
6.4 OVERTIME
Overtime work is that work performed in excess of the regular daily work schedule or the regular work period as specified in Section 6.1 above. Paid holidays, vacation leave and paid sick leave shall count as time worked for the purposes of computing weekly overtime.
Hours worked in excess of the regular daily or weekly schedule shall be paid at the overtime rate which shall be one and one-half (1-1/2) times the straight-time hourly rate.
For the classifications of Dispatcher and Animal Control Officer, all time worked on the second scheduled day off in the work week shall be compensated at two (2) times the straight-time hourly rate of pay, including all applicable differentials and premiums.
Attachment #3 Agenda Report Page 108
Service Employees International Union Local 1021 City of Piedmont General Employees Unit 7/1/215-6/30/259
If management assigns an employee to work on both a fixed holiday and the employee’s second day off, the employee shall be compensated for both the fixed holiday and second day off at the fixed holiday pay rate and the second day off pay rate.
Overtime work is that work performed in excess of the regular daily work schedule or the regular work period as specified in Section 6.1 above. Paid holidays, vacation leave and paid sick leave shall count as time worked for the purposes of computing weekly overtime.
Hours worked in excess of the regular daily or weekly schedule shall be paid at the overtime rate which shall be one and one-half (1-1/2) times the straight-time hourly rate.
For the classifications of Dispatcher and Community Service Officer, all time worked on the second scheduled day off in the work week shall be compensated at two (2) times the straight-time hourly rate of pay, including all applicable differentials and premiums.
If management assigns an employee to work on both a fixed holiday and the employee's second day off, the employee shall be compensated for both the fixed holiday and second day off at the fixed holiday pay rate and the second day off pay rate, to equal hours worked @ 3.5 times the straight-time hourly rate (as described above), plus eight (8) hours of holiday pay as described in Section 9.3.
6.5 CALL-IN PAY
Employees called to work on his or her day off or at a time other than their regular shift shall receive at least four (4) hours pay. All time not worked during the four (4) hour period shall be paid at straight-time. All time worked under this section at a time other than the employee’s regular shift shall be paid at the applicable overtime rate.
The employee may work more than four (4) hours of call-back time; provided, however, that if the employee works more than (4) hours during call-back time, he/she shall receive only the applicable overtime pay and he/she shall not receive an additional four (4) hours of call-back time.
6.6 COMPENSATORY TIME OFF
Employees working overtime may elect, with the permission of their Department Head, to receive compensatory time off in lieu of overtime pay. Compensatory time off shall be accrued at the rate of one and one-half (1-1/2) or two (2) hours for each hour worked.
Compensatory time off may be accumulated to a maximum of One Hundred Sixty (160) hours. Employees desiring to utilize compensatory time off may do so with the permission of their Department Head.
6.7 SENIORITY BASED SHIFT SIGN-UP FOR EMPLOYEES IN CLASSIFICATION
OF DISPATCHER
Sign-up for shift assignments for dispatchers shall be on a seniority basis in accordance with the model currently existing in the Piedmont Police Chief’s General Order.
Attachment #3 Agenda Report Page 109
Service Employees International Union Local 1021 City of Piedmont General Employees Unit 7/1/215-6/30/259
6.8 VOLUNTARY OVERTIME SIGN-UP
The City agrees to follow the voluntary overtime sign-up procedures set forth in Section 214.2.2 of the Piedmont Police Department PD Policy Manual (“Lexipol Manual”). If a dispatch shift available for voluntary overtime is not filled pursuant to Section 214.2.2, the request for time off will not be approved.
SECTION 7 - WAGES AND CLASSIFICATION
7.1 MINIMUM WAGES
During the term of this MOU, the rates of pay will be increased as follows and shown in Appendix A, Salaries.
3.85% equity adjustment for Dispatchers effective July 1, 2025; 3.25% effective July 1, 20251
3.0% effective July 1, 20262
3.025% effective July 1, 20273
3.025% effective July 1, 20284
If, during the term of this agreement, any other bargaining unit is offered a cost of living increase greater than the increases shown above for the same fiscal year, then the difference between the increase for the other bargaining unit and the increase provided under this MOU will take effect for the Local 1021 General bargaining unit.
7.2 SALARY AT TIME OF EMPLOYMENT
The beginning of normal hiring rate shall usually be at the first step of the rank. Every new employee shall be paid the first step on employment except that the City Administrator may authorize employment at a higher step.
7.3 ELIGIBILITY FOR ADVANCEMENT IN PAY
Employees shall be advanced from Step 1 through Step 5 in accordance with the time-instep requirements outlined abovein Appendix A. The above time-in-step requirements shall apply before an employee gains eligibility for advancement in pay. When an employee demonstrates outstanding capacity in performing his/her duties advancement may be made prior to completion of the above time-in-step requirements. Advancement in pay when approved shall be effective at the beginning of the first pay period immediately following completion of the time-in-step requirement outlined abovein Appendix A. If an employee is on leave without pay for more than one month, the period shall be deducted from accumulated time in step.
7.4 ATTAINING ADVANCEMENT
An employee, in order to be advanced in steps, must demonstrate that advancement is merited on the basis of job performance. Advancements shall not be made solely because employees are eligible according to time-in-step requirements. Good attitude and personal conduct, work accomplished, conscientious attendance, safety alertness, efforts Attachment #3 Agenda Report Page 110
Service Employees International Union Local 1021 City of Piedmont General Employees Unit 7/1/215-6/30/259
at self-improvement, and other factors of individual achievement must be evident as appropriate to the position.
7.5 USE OF PERFORMANCE RATINGS IN DETERMINING WHETHER STEP
ADVANCEMENT IS MERITED
Performance ratings shall guide supervisors and Department Heads in determining whether step advancements have been earned and should be recommended to the City Administrator. Performance ratings shall be completed by the supervisor for each employee on an annual basis, or sooner if necessary.
7.6 WITHHOLDING STEP ADVANCEMENT
Department Heads have the authority and responsibility to recommend to the City Administrator that step advancements be withheld if they are not merited.
Department Heads shall keep their employees informed about their job performance, giving good work its proper recognition and deficient work all possible guidance and assistance toward improvement.
7.7 PROMOTIONS
Employees promoted to a classification with a higher rate of pay shall be paid at the next highest step in the new salary range that provides a minimum five percent (5%) increase over his/her step at the time of promotion.
7.8 WORKING OUT OF CLASSIFICATION
An employee who is temporarily assigned to a vacant position with a higher rate of pay will receive pay equivalent to that of the first step of the higher classification or a five percent (5%) differential, whichever is greater, effective on the first day of the assignment. When police dispatchers and/or the animal control officer trains new hires or other Piedmont Police Department employees, dispatchers and/or the animal control officer shall receive an additional 5% pay differential for each day of said assignment.
An employee who is temporarily assigned to a vacant position with a higher rate of pay will receive pay equivalent to that of the first step of the higher classification or a five percent (5%) differential, whichever is greater, effective on the first day of the assignment. When Police Dispatchers and/or the Community Service Officer trains new hires or other Piedmont Police Department employees, Dispatchers and/or the Community Service Officer shall receive an additional 5% pay differential for each day of said assignment.
Attachment #3 Agenda Report Page 111
Service Employees International Union Local 1021 City of Piedmont General Employees Unit 7/1/215-6/30/259
7.9 EDUCATIONAL INCENTIVE
All dispatchers who have obtained a Peace Officer’s Standards and Training (“POST”) Dispatcher Basic Certificate shall receive an additional sum per month equal to two percent (2%) of salary. For new hires that obtain the Basic POST Certificate, the 2% shall become effective either upon completion of probation or upon receipt of the POST Dispatcher Basic Certificate, whichever occurs later.
All dispatchers who have obtained a POST Dispatcher Intermediate Certificate shall receive an additional sum per month equal to three percent (3%) of salary.
All dispatchers who have obtained a Dispatcher Advanced Certificate shall receive an additional sum per month equal to four percent (4%) of salary.
The educational incentives for Dispatchers set forth in this Section 7.9 shall not be cumulative.
All animal control officers who hold an AA degree and/or Law Enforcement Training Academy certificate and/or Basic Humane Officers Academy certificate will be paid an additional sum per month as salary equal to one percent (1%) of the salary he/she would otherwise receive. All animal control officers who hold a BA degree and/or Advanced Law Enforcement Training Academy certificate and/or Advanced Humane Officers Academy certificate will be paid an additional sum equal to two percent (2%) of the salary he/she would otherwise receive. The additional sum payable for a BA and/or Advanced Certificate shall not be cumulative with the additional sum payable for an AA and/or Basic Certificate.
For bookkeeping purposes, the payment of any additional sum as an educational incentive provided in this paragraph shall commence on the first of the month following submission of written proof to the City Administrator that the employee has obtained the appropriate certification / degree.
All dispatchers who have obtained a Peace Officer's Standards and Training ("POST") Dispatcher Basic Certificate shall receive an additional sum per month equal to two percent (2%) of base salary. For new hires that obtain the Basic POST Certificate, the 2% shall become effective either upon completion of probation or upon receipt of the POST Dispatcher Basic Certificate, whichever occurs later.
All dispatchers who have obtained a POST Dispatcher Intermediate Certificate shall receive an additional sum per month equal to three percent (3%) of base salary.
All dispatchers who have obtained a Dispatcher Advanced Certificate shall receive an additional sum per month equal to four percent (4%) of base salary.
The educational incentives for Dispatchers set forth in this Section 7 .9 shall not be cumulative.
Attachment #3 Agenda Report Page 112
Service Employees International Union Local 1021 City of Piedmont General Employees Unit 7/1/215-6/30/259
All Community Service Officers who hold an AA degree and/or Law Enforcement Training Academy certificate and/or Basic Humane Officers Academy certificate will be paid an additional sum per month as salary equal to one percent (1%) of the salary he/she would otherwise receive. All Community Service Officers who hold a BA degree and/or Advanced Law Enforcement Training Academy certificate and/or Advanced Humane Officers Academy certificate will be paid an additional sum equal to two percent (2%) of the salary he/she would otherwise receive. The additional sum payable for a BA and/or Advanced Certificate shall not be cumulative with the additional sum payable for an AA and/or Basic Certificate.
For bookkeeping purposes, the payment of any additional sum as an educational incentive provided in this paragraph shall commence on the first of the month following submission of written proof to the City Administrator that the employee has obtained the appropriate certification / degree.
7.10 SHIFT DIFFERENTIAL
Dispatchers assigned to the night shift, defined as 6:30 pm – 6:30 am, for one work period or more, shall receive additional compensation in the amount of four percent (4%) of their base rate of pay (salary schedule amount + education pay) for all hours worked between 6:30 pm and 6:30 am. For purposes of this section, the term “assigned” means a regular ongoing shift assignment, either as a result of seniority draw provisions or a directed assignment for management reasons.
Dispatchers working a night shift, in part or in whole, on either a voluntary or mandatory overtime basis shall not receive shift differential pay. Also, Dispatchers do not receive shift differential pay for temporary assignments (less than one work period) to the night shift. However, if the Relief Dispatcher is temporarily assigned to the night shift for one week or more, he/she shall receive shift differential pay.
If the City temporarily moves a night shift employee to another shift for business reasons (i.e. court, training day, etc.), the employee will continue to receive their shift differential.
If, however, the City moves a night shift employee to another shift for a period of one month or more, then the employee will also be compensated for up to one month at the graveyard pay rate. If the employee is off from work for more than two weeks, for their own benefit (sick leave, vacation leave, comp time off, etc.), the employee will not receive shift differential for those days off.
7.11 RETIREMENT PLAN
The City contracts with the California Public Employees Retirement System (CalPERS) for employee retirement benefits, and all eligible employees covered by this MOU are CalPERS members.
7.11.1 Retirement – Employees Hired Before August 21, 2012 This Section 7.11.1 shall apply to employees hired before August 21, 2012, who are contributing members of CalPERS (Tier 1).
Attachment #3 Agenda Report Page 113
Service Employees International Union Local 1021 City of Piedmont General Employees Unit 7/1/215-6/30/259
A. Final Compensation Based on the Single Highest Year
For purposes of determining a retirement benefit, final compensation for employees covered by this section 7.11.1 shall be based on the single highest year.
B. 3.0% @ 60 Pension Formula
The 3.0% at 60 pension formula shall be available to all employees covered by this section 7.11.1 who are contributing members of CalPERS.
C. Required Employee Contribution
Members covered by this section 7.11.1 will contribute the employee contribution amount established by CalPERS for the 3.0% @ 60 Pension Formula. (The CalPERS required employee contribution amount was 8% as of the date of this MOU):
In the event employee contribution rates are adjusted by CalPERS during the term of this MOU, any increased employee contribution above 8% will be paid by employees when the CalPERS increase is effective.
D. Additional Required Employee Contribution
In addition to the required employee contribution, employees covered by this section 7.11.1 will contribute an additional amount as follows:
The Union and the City agree that if the City’s total employer contribution rate for Tier 1 employees is more than 14.025%, the amount above 14.025% will be shared equally between the City (50%) and the Tier 1 employees (50%) (“Employer Contribution Rate Formula”). This Employer Contribution Rate Formula shall continue upon the expiration of this Memorandum of
Understanding.
For Tier 1 employees, the total employee contribution maximum cap shall not exceed 14% (“Maximum Cap”). This 14%
Maximum Cap includes: (a) The existing 8% employee
contribution; and (b) Any additional cost sharing of the employer contribution that may result from application of the Employer Contribution Rate Formula. The Maximum Cap of 14% shall continue upon the expiration of this Memorandum of
Understanding, except employees shall be required to pay any increases to the CalPERS-established employee contribution amount, as set forth in Section C.
7.11.2 Retirement – Employees Hired On or After August 21, 2012 and Employees Hired After January 1, 2013 With Pension Reciprocity
This section 7.11.2 shall apply to employees hired on or after August 21, 2012, and employees hired after January 1, 2013 with pension reciprocity who are contributing members of CalPERS (Tier 2).
Attachment #3 Agenda Report Page 114
Service Employees International Union Local 1021 City of Piedmont General Employees Unit 7/1/215-6/30/259
A. Final Compensation Based on Three Year Average
For purposes of determining a retirement benefit, final compensation for employees covered by this section 7.11.2 shall be based on the member’s highest three-year average.
B. 2.0% @ 60 Pension Formula
The 2.0% at 60 pension formula shall be available to all employees covered by this section 7.11.2 who are contributing members of CalPERS.
C. Required Employee Contribution
Members covered by this section 7.11.2 will contribute the employee contribution amount established by CalPERS for the 2.0% @ 60 Pension Formula. (The required employee contribution amount was 7% as of the date of this MOU):
In the event employee contribution rates are adjusted by CalPERS during the term of this MOU, any increased employee contribution above 7% will be paid by employees when the CalPERS increase is effective.
D. Additional Required Employee Contribution
In addition to the required employee contribution, employees covered by this section 7.11.2 will contribute an additional amount as follows:
The Union and the City agree that if the City’s total employer contribution rate for Tier 1 employees is more than 14.025% the amount above
14.025% will be shared equally between the City (50%) and the Tier 2 employees (50%) (“Employer Contribution Rate Formula”). This Employer Contribution Rate Formula shall continue upon the expiration of this Memorandum of Understanding.
For Tier 2 employees, the total employee contribution maximum cap shall not exceed 8% (“Maximum Cap”). This 8% Maximum Cap includes: (a) The existing 7% employee contribution; and (b) Any additional cost sharing of the employer contribution that may result from application of the Employer Contribution Rate Formula. The Maximum Cap of 8% shall continue upon the expiration of this Memorandum of Understanding, except employees shall be required to pay any increases to the CalPERSestablished employee contribution amount, as set forth in Section C.
7.11.3 Retirement – Employees Hired On or After January 1, 2013 Without Pension Reciprocity
This Section 7.11.3 shall apply to employees hired on or after January 1, 2013, without pension reciprocity, who are contributing members of CalPERS (Tier 3).
Attachment #3 Agenda Report Page 115
Service Employees International Union Local 1021 City of Piedmont General Employees Unit 7/1/215-6/30/259
A. Final Compensation Based on Three Year Average
For purposes of determining a retirement benefit, final compensation for employees covered by this section 7.11.3 shall be based on the member’s highest three-year average.
B. 2.0% @ 62 Pension Formula
The 2.0% at 62 pension formula shall be available to all employees covered by this section 7.11.3 who are contributing members of CalPERS.
C. Required Employee Contribution
Members covered by this section 7.11.3 will contribute 50% of normal costs as established by CalPERS for the 2.0% @ 62 Pension Formula.
The required contribution amount was 6.25% as of the date of this MOU.
In the event employee contribution rates are adjusted by CalPERS during the term of this MOU, the employee contribution will be recalculated based upon the updated required employee contribution rate established by CalPERS.
7.11.4 Retirement – All Employees
The City will maintain the IRS 414(h)(2) provision allowing the employee to defer State and Federal income taxes on their CalPERS contributions.
7.12 DEFERRED COMPENSATION
Employees shall be able to participate voluntarily in the City of Piedmont deferred compensation program, administered by ICMA 457 plan.
SECTION 8 - PROBATIONARY PERIOD
A probationary period of six (6) consecutive months shall be established for new employees with the exception of Dispatchers and Police Records Specialist. The probationary period for Dispatchers and Police Records Specialist shall be twelve (12) months. Any approved leave of absence during the probationary period shall not be counted towards fulfilling the probationary requirement and such probationary period shall be extended accordingly. During such probationary period, an employee may be discharged for any reason that is legal. A probationary employee shall serve at the pleasure of the appointing authority and shall gain no tenure or other property interest in their employment. The City may extend the probationary period for Dispatchers, Police Records Specialist, or Animal Control Officer for a period of time not to exceed three (3) months.
The probationary period for Dispatchers, Community Service Officers and Police Records Specialist shall be twelve (12) months. Any approved leave of absence during the probationary period shall not be counted towards fulfilling the probationary requirement and such probationary period shall be extended accordingly. During such probationary period, an employee may be discharged for any reason that is legal. A probationary employee shall serve at Attachment #3 Agenda Report Page 116
Service Employees International Union Local 1021 City of Piedmont General Employees Unit 7/1/215-6/30/259
the pleasure of the appointing authority and shall gain no tenure or other property interest in their employment. The City may extend the probationary period for Dispatchers, Police Records Specialist, or Community Service Officer for a period of time not to exceed three (3) months.
SECTION 9 - HOLIDAYS
9.1 HOLIDAYS OBSERVED
The following shall be observed as paid holidays:
January 1 New Year’s Day
Third Monday in January Martin Luther King, Jr. Birthday Third Monday in February President’s Day
Last Monday in May Memorial Day
June 19 Juneteenth
July 4 Independence Day
First Monday in September Labor Day
November 11 Veterans Day
Fourth Thursday in November Thanksgiving Day
Friday after Thanksgiving
December 24 Christmas Eve
December 25 Christmas Day
Employee’s Birthday
One floating holiday on a day mutually agreeable between the individual employee and the Department Head.
Any day proclaimed by the City Council as a holiday for City employees.
For the purposes of the night shift, the holiday shall be defined as the day in which the majority of the hours fall on the holiday.
All holidays shall be taken or paid for during the calendar year in which they fall.
9.2 EMPLOYEE’S BIRTHDAY
The employee’s birthday, which is presently a paid holiday, may be celebrated on a date other than that on which the birthday falls, subject to approval of the Department Head.
Such alternative day shall be taken in the calendar year in which the birthday occurs.
Failure to take the holiday within the calendar year shall result in forfeiture of the holiday.
9.3 HOLIDAY PAY
9.3.1 Dispatchers
Each Dispatcher eligible for the above holidays shall be paid eight (8) hours at the employee’s regular straight time hourly rate for each holiday. whether that employee is scheduled to work or not work on such holiday. The regular rate of Attachment #3 Agenda Report Page 117
Service Employees International Union Local 1021 City of Piedmont General Employees Unit 7/1/215-6/30/259
pay, for purposes of holiday pay, includes base pay plus the hourly equivalent of the following compensation:, POST Certificate and shift differential.
9.3.2 Animal Control Officer Community Service Officer
Animal Control Officers scheduled to work on an authorized holiday shall receive the day off with pay, not to exceed eight (8) hours of pay for any one (1) day.
The employee shall have the option of working the number of hours above the eight (8) hours of holiday pay in order to account for a full work day, or shall have the option of using time from a leave bank in order to be paid for a full work day. Any hours worked in order to account for a full work day on the holiday will be paid at the employee’s straight time hourly rate. For instance, if an employee is scheduled to work a ten (10) hour shift on a holiday, the employee will have the option of working two (2) hours, or using two (2) hours from a leave bank.
If the holiday falls on a normally scheduled day off, the employee shall select another day to take off as the holiday within the week that the holiday occurs.
Community Service Officers scheduled to work on an authorized holiday shall receive the day off with pay, not to exceed eight (8) hours of pay for any one (1) day. The employee shall have the option of working the number of hours above the eight (8) hours of holiday pay in order to account for a full work day, or shall have the option of using time from a leave bank in order to be paid for a full work day. Any hours worked in order to account for a full work day on the holiday will be paid at the employee's straight time hourly rate. For instance, if an employee is scheduled to work a ten (10) hour shift on a holiday, the employee will have the option of working two (2) hours, or using two (2) hours from a leave bank.
9.3.3 Police Records Specialist
The Police Records Specialist works an eight hour day and will take off the holiday. In the event that any holiday listed above shall fall on a Saturday, such holiday shall be observed on the preceding Friday. In the event that any holiday listed above shall fall on a Sunday, such holiday shall be observed on the following Monday.
9.4 PAY FOR WORK ON HOLIDAY
Dispatchers
Pay for work on a holiday shall be provided on the actual day of the holiday. If an employee is scheduled to work on a fixed holiday, the employee shall, in addition to the above holiday pay receive one and one-half (1-1/2) times the straight-time hourly rate for all hours worked on such holiday, including all applicable differentials and premiums.
There shall be no premium pay for a floating holiday not taken.
Refer to Section 6.4 for details regarding pay when a fixed holiday falls on the employee’s second day off.
Attachment #3 Agenda Report Page 118
Service Employees International Union Local 1021 City of Piedmont General Employees Unit 7/1/215-6/30/259
Community Service Officer
If a Community Service Officer works on a holiday, any hours worked beyond two hours will be paid at one and one-half (1-1/2X) the regular straight time hourly rate, including all applicable differentials. In addition, the Community Service Officer will be paid an additional eight (8) hours at the employee’s regular straight-time hourly rate for the holiday.
SECTION 10 - VACATION LEAVE
10.1 VACATION ACCRUAL RATES
Employees shall accrue vacation leave as follows:
1 through 4 years 88 hours
5 through 8 years 120 hours
9 through 11 years 136 hours
12 through 14 years 152 hours
15 through 18 years 160 hours
19 through 22 years 176 hours
23 years and after 200 hours
Employees shall be able to take any accrued vacation after the first six months of employment.
10.2 DATE WHEN VACATION CREDIT STARTS
Vacation credit shall begin as of the date of employment. In the event the date of employment is not the first (1st) day of the pay period, then the vacation credit for that pay period shall be prorated in accordance with the actual time worked in the pay period.
10.3 HOLIDAY FALLING DURING VACATION
In the event that a holiday specified above occurs during a period of authorized vacation leave, said holiday shall be charged as a holiday, not a day of vacation leave.
10.4 USE OF SICK LEAVE DURING VACATION
An employee who is injured or becomes ill while on vacation may be paid for sick leave in lieu of vacation provided that the employee provides a doctor’s certificate verifying the illness or injury for the period in which sick leave is claimed.
10.5 ACCUMULATION
An employee shall be allowed to accumulate a maximum of two (2) years vacation accrual at any one (1) time.
Attachment #3 Agenda Report Page 119
Service Employees International Union Local 1021 City of Piedmont General Employees Unit 7/1/215-6/30/259
10.6 REQUESTING VACATION LEAVE
Employees shall request specific dates for vacation by January 15 each year, whenever possible. As long as employees request vacation leave by January 15, seniority shall be the basis for resolving any conflicting requests for vacation time off.
10.7 VACATION SELLBACK
An employee may elect to convert for payment in cash a maximum of two weeks unused vacation days per year, computed at the employee’s current salary rate, provided that two weeks vacation and/or leave are taken in the calendar year the vacation sellback takes place. This right to sellback shall only be in effect provided that one week of vacation accrual remain on the books after the vacation sellback takes place.
SECTION 11 - SICK LEAVE
11.1 ACCRUAL
An employee shall accrue sick leave at the rate of five (5) hours for each pay period of service.
11.2 USAGE
Employees are entitled to be paid for sick leave used, to a maximum of time accrued, under the following conditions:
(a) The employee’s illness or injury incapacitates him or her from performance of duties.
(b) The employee’s receipt of required medical or dental care or consultation.
Employees may use up to 50% of their annual sick leave accrual to care for their sick child, parent, spouse, registered domestic partner* or the child of a registered domestic partner. Medical verification may be required.
*A registered domestic partnership requires filing an Affidavit of Domestic Partnership with the Human Resources Department of the City of Piedmont.
11.3 INTEGRATION WITH STATE DISABILITY INSURANCE
Sick leave may be supplemented with California State Disability Insurance; however, in no case will the employee be paid more than 100% of the normal salary.
11.4 CATASTROPHIC LEAVE PROGRAM
Permanent employees represented by the SEIU General Unit, may be eligible to receive donations of paid leave, to be included in the recipient employee’s sick leave balance if he/she has suffered a catastrophic illness or injury which is defined as a serious medical condition considered to be terminal, a major physical impairment, or a family medical emergency (defined as a catastrophic illness or injury of a spouse, registered domestic partner, child or parent residing in the employee’s household), subject to the following conditions:
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Service Employees International Union Local 1021 City of Piedmont General Employees Unit 7/1/215-6/30/259
The recipient employee, recipient employee’s family, or other person designated in writing by the recipient must submit a request to the City Administrator or designee. The recipient employee is not eligible so long as he/she has paid leave time available; however, the request may be initiated prior to the anticipated date that all leave balances will be exhausted.
The recipient employee must provide a medical verification which meets the criteria above and a prognosis.
Donations may be made in whole hour increments, and are irrevocable. The donor employee may donate vacation up to any amount, but the City may require that the donor employee retain 40 hours of vacation leave. Sick leave may be donated up to 24 hours in whole hour increments. Donations may be made from any individual employed by the City of Piedmont.
Time donated will be converted from the type of time donated to sick leave and credited to the recipient employee’s sick leave balance on an hour-for-hour basis and shall be paid at the rate of pay of the recipient employee. Time donated in any pay period may be used in the following pay periods. No retroactive donations will be permitted.
Eligibility for this program requires recommendation by the Police Chief and approval by the City Administrator.
If any terms set forth in this Section 11.4 conflict with the City-wide Catastrophic Leave Program, the City-wide policy shall control.
SECTION 12 - LEAVES
12.1 BEREAVEMENT LEAVE
In the case of death within the immediate family of an employee, such employee shall be entitled to leave from duty with pay for a period of up to three (3) working days. The immediate family of an employee, for the purpose of this Section, shall be defined as:
registered domestic partner, wife, husband, mother, father, sister, brother, child, grandmother, grandfather, mother-in-law, father-in-law, brother-in-law, son-in-law, sister-in-law, daughter-in-law and grandchildren.
Leave of absence with pay because of death in an employee’s immediate family is allowed and such leave shall not be charged against vacation or sick leave which an employee may be entitled to, but may be in addition thereto. In addition to the three (3) working days of paid bereavement leave, employees may use an additional two (2) working days of leave for each instance of bereavement taken either as unpaid time or from the employee’s accrued vacation or sick leave as requested by the employee.
Bereaveme
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Service Employees International Union Local 1021 City of Piedmont General Employees Unit 7/1/215-6/30/259
nt leave may be taken intermittently or consecutively but must be used within three (3) months of the death. Paid bereavement leave does not accrue, has no cash value and does not accumulate over time.
In the event of a death in the employee’s family outside of the immediate family as provided above, an employee may apply to the City Administrator and request bereavement leave.
12.2 LEAVE OF ABSENCE WITHOUT PAY
An employee desiring a leave of absence without pay from his/her employment for any reason shall secure written permission from the City Administrator. Unless otherwise provided by law, the City Administrator has the discretion whether or not to grant a leave of absence without pay.
During any approved leave of absence the employee shall not engage in gainful employment unless authorized to do so by the written permission of the City Administrator. The City Administrator may terminate any employee who violates the terms and conditions of the written permission for leave or extension thereof. The maximum leave of absence shall be for one (1) year.
12.3 MILITARY LEAVE
Employees who are called upon to perform active annual training duty or temporary special services as a member of an Armed Forces reserve and who lose time from their regular scheduled workweek shall be paid the difference between the pay received from the federal or state government for such reserve duty and their normal weekly earnings not to exceed two (2) weeks annually.
12.4 JURY DUTY
An employee required to serve as a juror in a civil or criminal action pending in a Superior, Municipal or Justice Court of the State of California or any Federal Court convening in the State of California or any employee required to report for the selection of a jury in any of these courts shall receive pay for the time such service requires his/her absence from work; provided, however, that the City may require proof of the time such service was required and any monies received from jury service shall be remitted to the city; provided, further, that the employee shall report to work if released from jury service prior to 5:00 P.M. and does not have to report for jury service the following day.
An employee required to serve as a juror shall not have his or her regular starting or quitting time changed as a result of being called for jury service.
12.5 PREGNANCY DISABILITY LEAVE
Pregnancy Disability Leave shall be granted in accordance with federal, state and local law. Pregnancy disability leave is a leave of absence necessitated by an employee’s medical disability that is attributable to pregnancy, childbirth or related medical conditions. It includes leave needed for prenatal care, prenatal complications, and morning sickness.
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Service Employees International Union Local 1021 City of Piedmont General Employees Unit 7/1/215-6/30/259
Employees may take up a maximum of four months (88 work days for a full time employee) of pregnancy disability leave per pregnancy. Medical certification is required, and the length of the pregnancy disability leave will depend on the medical necessity for the leave. An employee shall be entitled to use sick leave, vacation or leave without pay to the cumulative total of four (4) months.
Except where medical circumstances preclude such notice, an employee who plans to take pregnancy leave shall give the City at least thirty (30) days advance notice where practicable, and an estimate of the duration of her absence when such information is available to her.
Pregnancy disability also is a “serious health condition” under the FMLA so that, for employees who qualify for FMLA medical leave, health insurance will continue to be paid by the City for at least a combined total of 12 work weeks in any 12-month period.
The employee shall notify the City at least twenty (20) working days prior to her return from pregnancy leave of her intention to return to work, and provide the City with satisfactory written verification from a physician or other licensed health care practitioner of her ability to return to work.
For additional information about pregnancy leave, see section 12.6.
12.6 FAMILY AND MEDICAL LEAVE
Employees are eligible for unpaid leave under the federal Family and Medical Leave Act (FMLA) and the California Family Rights Act (CFRA). The provisions of this Agreement will be applied in conformance with the provisions of FMLA and the CFRA in effect at the time the leave is granted and in conformance with City policies and practice.
Eligibility
To be eligible for family care and medical leave, on the date on which leave is to begin, an employee must have been employed by the City for a total of at least 12 months, and have been employed for at least 1,250 hours of service during the previous 12 months.
Family Care & Medical Leave Entitlement
Subject to the provisions of this Agreement and state and federal law, including the FMLA and CFRA, an eligible employee is entitled to a total of 12 workweeks of unpaid leave during any 12 month period for any one, or more, of the following reasons:
The birth of a child and to care for the newborn child; The placement with the employee of a child for adoption or foster care by the employee;
To care for the employee’s child, parent, spouse, or registered domestic partner (CFRA only) who has a serious health condition;
Because of an employee’s own serious health condition that makes the employee unable to perform the functions of the employee’s position, except for disability on Attachment #3 Agenda Report Page 123
Service Employees International Union Local 1021 City of Piedmont General Employees Unit 7/1/215-6/30/259
account of pregnancy, childbirth, or related medical conditions, which is covered by pregnancy disability leave (CFRA); and
Because of any qualifying exigency arising out of the fact that the employee’s spouse, son, daughter, or parent is a covered military member on active duty (or has been notified of an impending call or order to active duty) in support of a contingency operation (FMLA).
Family Care & Medical Leave to Care for a Covered Service Member with a Service Injury or Illness
Subject to the provisions of this Agreement and state and federal law, an eligible employee is eligible to take FMLA leave to care for a covered service member with a serious injury or illness if the employee is the spouse, son, daughter, parent, or next of kin of the service member.
An eligible employee’s entitlement is limited to a total of 26 workweeks of leave during a “single 12-month period” to care for a service member with a serious injury or illness. The City shall determine the “single 12-month period” in which the 26-weeks-of-leaveentitlement described in this paragraph occurs using the 12-month period measured forward from the date of the employee’s first FMLA leave to care for the covered member begins.
During the “single 12-month period” described above, an eligible employee’s FMLA leave entitlement is limited to a combined total of 26 workweeks of FMLA leave for any qualifying reason.
Pay Status and Benefits during Family Care & Medical Leave Except as provided in this section, the family care and medical leave will be unpaid. The City will, however, continue to provide City contributions toward group health benefits during the period of leave on the same basis as coverage would have been provided had the employee not taken family care and medical leave. The employee will be required to continue to pay the employee’s share of monthly premiums payments, if any.
Relationship of Family Care and Medical Leave to Other Leaves Any leave of absence that qualifies as family care and medical leave and is designated by the City as family care and medical leave will be counted as running concurrently with any other paid or unpaid leave to which the employee may be entitled for the same qualifying reason.
Relationship to Pregnancy Disability Leave
The family care and medical leave provided under this section is in addition to any leave taken on account of pregnancy, childbirth, or related medical conditions for which an employee may be qualified under state law.
Employee’s Status on Returning from Leave
Except as provided by law, on return from family care and medical leave, an employee is entitled to be returned to the same position the employee held when leave commenced, or to an equivalent position with equivalent benefits, pay, and other terms and conditions of employment. An employee has no right to return to the same position. The leave shall not Attachment #3 Agenda Report Page 124
Service Employees International Union Local 1021 City of Piedmont General Employees Unit 7/1/215-6/30/259
constitute a break in service for purposes of longevity or seniority under this Agreement or any employee benefit plan. For purposes of layoff, promotion, job assignment, and seniority-related benefits, the employee returning from family care and medical leave shall return with no less seniority than he or she had when the leave began.
Fitness for Duty
As a condition of returning from leave taken because of the employee’s own serious health condition, the employee is required to provide the City with certification from the employee’s health care provider that the employee is able to resume work and perform the employee’s job duties.
12.7 DISABILITY LEAVE
Employees who are unable to work because of injury and/or illness shall be entitled to unpaid leave after paid leave has been exhausted for the duration of the disability. In order to be eligible for such leave, the employee must be eligible for California State Disability Insurance and such leave shall be granted for that same period the employee is eligible for State Disability. If the reason for denial is lack of qualifying quarters, the employee shall still remain eligible for leave as provided herein for the duration of his/her disability.
Employees returning from Disability Leave or Maternity Leave shall be returned to employment with the City in the same classification. Employees returning from such leaves shall return with no loss of seniority or benefits accrued, but not used, prior to the commencement of such leave.
SECTION 13 - INJURY PAY
An employee who first loses time from work as the result of a work related illness or injury shall receive their normal salary for the duration of the disability or forty-five (45) working days whichever is the lesser. If the employee is disabled for a period in excess of forty-five (45) working days, such excess period shall be compensated by paid benefits pursuant to State Workers’ Compensation laws. The employee shall be entitled to use accrued sick leave, compensatory time or vacation to supplement such Workers’ Compensation benefits. In no case shall the employee be entitled to receive more than 100% of the normal salary.
An employee who has returned to work after a period of disability as the result of an original injury and subsequently loses time from work again as the result of an aggravation of or recurrence of the original injury shall in no case receive their normal salary for a period of time to exceed forty-five (45) working days including those days first lost from work as the result of the original injury.
Attachment #3 Agenda Report Page 125
Service Employees International Union Local 1021 City of Piedmont General Employees Unit 7/1/215-6/30/259
SECTION 14 - HEALTH PLANS AND LIFE INSURANCE
14.1 FLEXIBLE BENEFIT PLAN
Effective January 1, 1993, pursuant to Section 125, Section 105, Section 106 and Section 129 of the Internal Revenue Code, the City established the City of Piedmont Flexible Benefit Plan to provide taxable and non-taxable benefits to its employees and to permit employees to choose which of the benefits they wish to receive.
The City shall maintain the Flexible Benefit Plan which includes accounts for health care expenses, dependent care expenses and premium contributions. The City may pay the employer contribution toward medical premiums (less the statutorily mandated PEMHCA minimum paid directly to CalPERS) through the Flexible Benefit Plan. The parties understand that the City’s use of the Flexible Benefit Plan as a vehicle for its premium contributions does not change the City or employee’s contribution to medical insurance premiums as described in this Section 14.
14.2 HOSPITALIZATION AND MEDICAL CARE
Effective January 1, 1997, the City began providing CalPERS medical program benefits to active employees and retirees in accordance with the Public Employees’ Medical and Hospital Care Act (“PEMHCA”).
14.2.1 Basic City Contribution
For all bargaining unit employees and retirees, the City pays the PEMHCA statutory minimum as determined by CalPERS under Government Code Section 22892.
14.2.2 Supplemental City Contribution
In addition to the basic City contribution, the City shall contribute a supplemental amount toward medical insurance premiums for bargaining unit employees as described below.
In addition to the basic City contribution, the City shall contribute a supplemental amount toward medical insurance premiums for bargaining unit employees as described below. Prior to implementation of this Section 14.2.2 and Sections 14.3.1, 14.3.2, and 14.3.3, the parties understand that the City must comply with California Government Code section 7507, which requires that the City secure an actuary report and the City must present said report at a public meeting. Accordingly, Sections 14.2.2 and Sections 14.3.1, 14.3.2 and
14.3.3 will go into effect the pay period after the City has complied with California Government Code section 7507.
The City and bargaining unit employees share the cost of medical insurance premiums. The City’s maximum contribution toward the monthly premium costs of an employee’s medical benefits is based on the 2013 CalPERS Kaiser Bay Area premiums plus fifty percent (50%) of subsequent annual premium increases for the CalPERS Kaiser Bay Area premiums.
Attachment #3 Agenda Report Page 126
Service Employees International Union Local 1021 City of Piedmont General Employees Unit 7/1/215-6/30/259
For the 2021 plan year, the City’s monthly contributions towards eligible employees’ elected medical coverage, inclusive of the basic City contribution of the PEMHCA statutory minimum contribution, are as follows:
Employee only: $813.64
Employee +1: $1,627.28
Employee +family $2,115.46
The City and employees share the cost of medical insurance premiums.
Effective July 1, 2025, the City’s monthly contribution toward eligible employees’ elected medical coverage, inclusive of the basic City contribution (i.e., the PEMHCA statutory minimum), shall be as follows:
Employee only: $1,075.49
Employee +1: $2,150.99
Employee +family: $2,796.28
Each plan year, the City shall adjust its contributions towards the monthly premium costs of an employee’s medical benefits by an amount equal to fifty percent (50%) of any increase in the monthly premium rates for the CalPERS Kaiser Bay Area plan at all coverage levels (i.e., employee only, employee + 1 and employee + family). Employees are responsible for the remaining fifty percent (50%) of any premium increases for the CalPERS Kaiser Bay Area plan. Employees selecting medical plans and coverage levels that exceed the City’s maximum contribution are responsible for paying the difference through automatic payroll deduction.
14.2.3 Opt-Out Election
An employee who has medical insurance coverage as a result of being an eligible dependent of another City employee, who has medical insurance coverage as an eligible dependent of a person employed elsewhere, or who otherwise has medical insurance coverage, may elect not to participate in the medical insurance plans offered by the City and may elect to receive $500 per month in lieu of the amount the City would otherwise contribute for medical insurance for the employee. To elect cash in lieu, the employee must sign a waiver of medical insurance coverage provided by the City and provide proof of medical insurance coverage to Human Resources annually before the end of the open enrollment period.
Attachment #3 Agenda Report Page 127
Service Employees International Union Local 1021 City of Piedmont General Employees Unit 7/1/215-6/30/259
14.3 RETIREE MEDICAL
14.3.1 Bargaining Unit Employees Hired Before January 1, 2018 For active bargaining unit employees hired before January 1, 2018 or the date of the City’s CalPERS contract amendment, whichever is later, who retire from the City while meeting the eligibility requirements for CalPERS retiree health insurance, the City shall pay directly to CalPERS the PEMHCA minimum as determined by CalPERS under Government Code Section 22892.
In addition, the City shall make available a Retiree Health Reimbursement Arrangement (HRA). Through the HRA, the City will continue to provide to eligible CalPERS annuitants monthly contributions for medical insurance premiums according to the following formula: (# of years City has contracted w/PEMHCA) x (5%) x (City’s contribution for active employees).
The City’s contribution for annuitants is adjusted annually according to this formula and the annual adjustment to the minimum monthly employer contribution cannot exceed $100.00. The amount paid by the City on behalf of annuitants and/or their eligible survivors shall increase annually under this formula until the City’s contributions for annuitants and active employees are the same.
As of July 1, 2025, the City’s contributions for annuitants are as follows:
Coverage:
Kaiser
Premium:
Total Employer
Contribution:
% of
Premium:
Retiree
Pays:
Retiree $1,112.90 $1,075.49 96.64% $37.41
Retiree + 1 $2,225.80 $2,150.99 96.64% $74.81
Retiree + family $2,893.54 $2,147.26 74.21% $746.28
For 2021, the City’s contributions for annuitants are as follows:
Kaiser Premium: Total Employer
Contribution
% of
Premium
Retiree Pays
Employee $813.64 $813.64 100.00% $0.00
Employee+
1 $1,627.28 $1,627.28 100% $0.00
Employee
+ Family
$2,115.46 $1,747.26 82.59% $368.20
14.3.2 Effective August 1, 2012, all bargaining unit employees who will be eligible for the retiree medical insurance benefit described in 14.3.1 will have the City reduce their pay by $50 semi-monthly by payroll deduction and have the City contribute that amount to retiree medical insurance benefits.
Attachment #3 Agenda Report Page 128
Service Employees International Union Local 1021 City of Piedmont General Employees Unit 7/1/215-6/30/259
14.3.3 Bargaining Unit Employees Hired On or After January 1, 2018 For employees who are hired on or after January 1, 2018 or the date of the City’s CalPERS contract amendment, whichever is later, and who retire from the City, the City’s maximum contribution toward CalPERS retiree medical coverage shall be the PEMHCA minimum contribution as determined by CalPERS under Government Code Section 22892. Bargaining unit employees hired on or after January 1, 2018, are not eligible for the Retiree HRA described in Section 14.3.1.
14.4 DENTAL PLAN
The City shall continue to provide each eligible employee and his/her eligible dependents dental care benefits under a group insurance plan at no cost to the employee. Orthodontic care is included in the group policy, and covers up to 70% of the cost for adults and children (subject to a lifetime maximum of $5,000 per person).
14.5 VISION PLAN
The City shall continue to provide each eligible employee and his/her eligible dependents vision coverage under a group insurance plan and pay the entire premium cost for all coverage levels (i.e., employee only, employee + 1, and employee + family.
14.6 LIFE INSURANCE
The City shall provide and pay the cost of providing each employee with a group term life insurance policy, in an amount equal to twice the employee’s gross annual salary, rounded to the nearest one thousand dollar ($1,000) increment. The City’s payment shall cease upon the employee’s separation from City service, but the employee may elect to retain such policy (if a conversion policy is available) at his/her sole expense.
14.7 DISABILITY INSURANCE
The City shall provide at no cost to the employee a salary continuance disability insurance policy that disability benefits equal to sixty (60%) percent of any employee’s current gross salary following a sixty (60) day absence due to a non-job related injury or illness.
14.8 FUNERAL BENEFITS
A funeral benefit of $5,000 shall be provided by the City for death directly related to duty.
14.9 ALTERNATIVE COVERAGE
In the event that it may be possible to provide an alternative hospital/medical, life insurance or dental coverage providing comparable or superior benefits without additional cost to the City or the employees, the City may substitute or add alternate plans and or insurance carriers. The Union will be provided an opportunity to review and discuss with the City such proposed coverage prior to the implementation by the City.
14.10 EMPLOYEE ASSISTANCE PLAN
The City shall provide employees with an Employee Assistance Plan at no cost to the employee.
Attachment #3 Agenda Report Page 129
Service Employees International Union Local 1021 City of Piedmont General Employees Unit 7/1/215-6/30/259
SECTION 15 - UNIFORM ALLOWANCE
Uniformed employees in the classifications of Dispatcher, Animal Control Officer, and Police Records Specialist shall receive an amount of money equal to the greater of one thousand five hundred dollars ($1,500) or the amount provided to sworn personnel on an annual basis for the purposes of maintaining uniforms as required by the City. Such amount shall be paid in semimonthly payments of $62.50 each.
A new employee may opt for an advance of one-half (1/2) the annual uniform allowance upon being hired. Should the employee terminate before completing six (6) months of service, a prorated amount for the remainder of time in the six (6) month period is to be deducted from that employee’s pay.
Uniformed employees in the classifications of Dispatcher, Community Service Officer, and Police Records Specialist shall receive an amount of money equal to the greater of one thousand five hundred dollars ($1,500) or the amount provided to sworn personnel on an annual basis for the purposes of maintaining uniforms as required by the City. Such amount shall be paid in semimonthly payments of $62.50 each.
A new employee may opt for an advance of one-half (1/2) the annual uniform allowance upon being hired. Should the employee terminate before completing six (6) months of service, a prorated amount for the remainder of time in the six (6) month period is to be deducted from that employee's pay.
SECTION 16 - LAYOFF
An employee being laid off shall receive thirty (30) calendar days notice of his/her layoff. A copy of the layoff notice shall be sent to the Union. In the cases where there are two or more regular employees in the class from which the layoff is to be made, such employees shall be laid off in inverse order of seniority. Seniority shall be calculated based on total City seniority.
A laid off employee shall have the right of recall to their former position for a period of one year following the layoff. Said employee must keep the City notified of his/her current address.
SECTION 17 – CONTRACTING OUT
The City shall notify the Union of its intent to contract out any bargaining unit work which would result in a reduction in force, where reduction in force is defined as layoff.
Attachment #3 Agenda Report Page 130
Service Employees International Union Local 1021 City of Piedmont General Employees Unit 7/1/215-6/30/259
SECTION 18 – PROFESSIONAL DEVELOPMENT REIMBURSEMENT
The City shall reimburse an employee for tuition and books for courses of study at an approved and accredited college or junior college in an off-duty status not to exceed Fifteen Hundred Dollars ($1,500.00) per fiscal year if the subject matter content of the course is related to the employee’s work assignment, promotional opportunities, transfer opportunities, or is a course required for the attainment of a degree or certificate program. Additionally, the City encourages and supports staff to pursue professional development training in order to increase their job skills and knowledge for their current positions or advancement opportunities, during non-work hours.
A variety of professional development activities can be reimbursed, such as fees for workshops, seminars, or adult school classes.
The employee must submit an application to his/her Department Head giving all information needed for an evaluation of the request. The Department Head shall recommend approval or disapproval and forward the request to the City Administrator whose decision shall be final. The employee’s application must have been approved prior to enrolling in the course in order for such employee to be assured of reimbursement. Upon completion of this course, the employee must submit to his/her Department Head a copy of the grade sheet indicating a passing grade, or the certificate indicating attendance, along with the appropriate receipts in order to be eligible for reimbursements.
SECTION 19 – OTHER
SCHOOLMATES CHILDCARE PROGRAMS
The children of the employees covered by this Memorandum of Understanding are eligible to attend the Schoolmates program at no charge. the Piedmont Recreation Department (PRD) preschool program, Schoolmates programs and PRD run Summer Camps at no charge.
Eligibility to attend these programs are based upon availability.
SECTION - 20 - GRIEVANCE PROCEDURE
A grievance is defined as a dispute as to the interpretation or application of any provision of this Memorandum of Understanding.
Disciplinary Action as specified in the Personnel Rules shall not be subject to this grievance procedure nor shall any other interpretation or application of the Personnel Rules of the City be subject to this grievance procedure.
Any employee who has a dispute as to the interpretation or application of this Memorandum of Understanding shall discuss the dispute with his or her lowest level supervisor within five (5) working days of the event giving rise to the grievance or within five (5) working days of knowledge of the event. In the event the grievant is not satisfied with the decision, the grievant may proceed to the next level of supervision for settlement. In the event the grievant is not satisfied with the decision, the grievance shall be reduced to writing and filed with the Attachment #3 Agenda Report Page 131
Service Employees International Union Local 1021 City of Piedmont General Employees Unit 7/1/215-6/30/259
employee’s Department Head for disposition. Upon request of the Union, the Department Heal shall meet with the grievant and/or the Union representative to discuss the grievance. If within five (5) working days the grievance has not been settled satisfactorily, the grievant may file such grievance with the City Administrator whose decision shall be final.
SECTION 21 - SCOPE OF MEMORANDUM OF UNDERSTANDING
Except as otherwise specifically provided herein, this Memorandum of Understanding fully and completely incorporates the understanding of the parties hereto and constitutes the sole and entire understanding between the parties on any and all matters contained herein; provided, however, that nothing herein shall prohibit the parties from changing the terms of this Memorandum by mutual agreement. Any term and condition of employment not modified herein and not contrary to any rule or regulation as specified in the Personnel Rules of the City shall remain in full force and effect during the term of the Memorandum of Understanding.
Except as modified by this MOU, it is understood and agreed that the City retains all of its rights, power and authority to direct, manage, and control the city to the full extent of the law. The exercise of powers, rights, authority, duties and responsibilities by the City, 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 are in conformance with the law. Any rights, powers, authority, and functions that the City possessed prior to the execution of this MOU are retained by the City except as specifically limited by this MOU.
This Memorandum of Understanding shall supersede all existing memoranda of understanding between the City and the Union.
SECTION 22 - SAVINGS CLAUSE
If any provision of this Memorandum of Understanding shall be held invalid by operation of law or by any court of competent jurisdiction, or if compliance with or enforcement of any provision shall be restrained by any tribunal, the remainder of this Memorandum of Understanding shall not be affected thereby, and the parties shall enter into negotiation for the sole purpose of arriving at a mutually satisfactory replacement for such provision.
SECTION 23 - ENACTMENT
It is agreed that the foregoing shall be jointly submitted to the City Council by the City Administrator and the Union for the City Council’s consideration and approval by resolution.
Upon such approval, this resolution shall supersede and control over conflicting or inconsistent City resolutions, regulations or policies.
Attachment #3 Agenda Report Page 132
Service Employees International Union Local 1021 City of Piedmont General Employees Unit 7/1/215-6/30/259
SECTION 24 - REOPENING NEGOTIATIONS
Notice of the Union’s desire to reopen negotiations for the purpose of amending or terminating this Agreement shall be given to the City Administrator not later than May 1, 20291. One unit member shall be granted time off with pay to participate in negotiations. A second unit member may be granted paid time off to participate in negotiations upon mutual agreement as to the schedule and timing of meetings so as to lessen the impact on City service. Additional release time may be available by mutual agreement.
SECTION 25 - TERM OF MEMORANDUM OF UNDERSTANDING
Except as otherwise provided in specific sections, following approval by the City Council, this MOU shall be in full force and effect from July 1, 20251 through June 30, 20295.
Attachment #3 Agenda Report Page 133
Service Employees International Union Local 1021 City of Piedmont General Employees Unit 7/1/215-6/30/259
APPENDIX A
SALARIES
Effective 7/1/2021, 3% COLA
Step 1
(0‐6 mo) Step 2
(7‐12 mo)
Step 3
(13‐18mo)
Step 4
(19‐24 mo)
Step 5
(thereafter)
Dispatcher $6,190 $6,501 $6,827 $7,169 $7,522
Shift Differential (No POST cert) $6,438 $6,761 $7,100 $7,456 $7,823 * With Basic POST Certificate 2% $6,314 $6,631 $6,964 $7,312 $7,672 Shift Differential, with Basic POST Cert $6,567 $6,896 $7,243 $7,604 $7,979 * With Intermediate POST Certificate, 3% $6,376 $6,696 $7,032 $7,384 $7,748 Shift Differential, with Int. POST Cert $6,631 $6,964 $7,313 $7,679 $8,058 * With Advanced POST Certificate, 4% $6,438 $6,761 $7,100 $7,456 $7,823 Shift Differential, with Adv. POST Cert $6,696 $7,031 $7,384 $7,754 $8,136
Police Records Specialist $5,628 $5,910 $6,208 $6,518 $6,837 Animal Control $4,860 $5,103 $5,356 $5,624 $5,904
With AA or Law Enforcement
Training Academy or Basic Humane
Officers Academy Certificates $4,909 $5,154 $5,410 $5,680 $5,963 With BA or Adv. Law Enforcement
Training Academy or Adv. Humane
Officers Academy Certificates $4,957 $5,205 $5,463 $5,736 $6,022
Attachment #3 Agenda Report Page 134
Service Employees International Union Local 1021 City of Piedmont General Employees Unit 7/1/215-6/30/259
Effective 7/1/2022, 3% COLA
Step 1
(0‐6 mo)
Step 2
(7‐12 mo)
Step 3
(13‐18mo)
Step 4
(19‐24 mo)
Step 5
(thereafter)
Dispatcher $6,376 $6,696 $7,032 $7,384 $7,748
Shift Differential (No POST cert) $6,631 $6,964 $7,313 $7,679 $8,058 * With Basic POST Certificate 2% $6,504 $6,830 $7,173 $7,532 $7,903 Shift Differential, with Basic POST Cert $6,764 $7,103 $7,460 $7,833 $8,219 * With Intermediate POST Certificate, 3% $6,567 $6,897 $7,243 $7,606 $7,980 Shift Differential, with Int. POST Cert $6,830 $7,173 $7,533 $7,911 $8,299 * With Advanced POST Certificate, 4% $6,631 $6,964 $7,313 $7,679 $8,058 Shift Differential, with Adv. POST Cert $6,896 $7,243 $7,606 $7,986 $8,380 Police Records Specialist $5,797 $6,087 $6,394 $6,714 $7,042 Animal Control $5,006 $5,256 $5,517 $5,793 $6,081
With AA or Law Enforcement
Training Academy or Basic Humane
Officers Academy Certificates $5,056 $5,309 $5,572 $5,851 $6,142 With BA or Adv. Law Enforcement
Training Academy or Adv. Humane
Officers Academy Certificates $5,106 $5,361 $5,627 $5,909 $6,203
Attachment #3 Agenda Report Page 135
Service Employees International Union Local 1021 City of Piedmont General Employees Unit 7/1/215-6/30/259
Effective 7/1/2023, 3.25% COLA
Step 1
(0‐6 mo)
Step 2
(7‐12 mo)
Step 3
(13‐18mo)
Step 4
(19‐24 mo)
Step 5
(thereafter)
Dispatcher $6,583 $6,914 $7,261 $7,624 $8,000
Shift Differential (No POST cert) $6,846 $7,191 $7,551 $7,929 $8,320 * With Basic POST Certificate 2% $6,715 $7,052 $7,406 $7,776 $8,160 Shift Differential, with Basic POST Cert $6,984 $7,334 $7,702 $8,087 $8,486 * With Intermediate POST Certificate, 3% $6,780 $7,121 $7,479 $7,853 $8,240 Shift Differential, with Int. POST Cert $7,051 $7,406 $7,778 $8,167 $8,570 * With Advanced POST Certificate, 4% $6,846 $7,191 $7,551 $7,929 $8,320 Shift Differential, with Adv. POST Cert $7,120 $7,479 $7,853 $8,246 $8,653 Police Records Specialist $5,985 $6,285 $6,602 $6,932 $7,271 Animal Control $5,169 $5,427 $5,696 $5,981 $6,279
With AA or Law Enforcement
Training Academy or Basic Humane
Officers Academy Certificates $5,221 $5,481 $5,753 $6,041 $6,342 With BA or Adv. Law Enforcement
Training Academy or Adv. Humane
Officers Academy Certificates $5,272 $5,536 $5,810 $6,101 $6,405
Attachment #3 Agenda Report Page 136
Service Employees International Union Local 1021 City of Piedmont General Employees Unit 7/1/215-6/30/259
Effective 7/1/2024, 3.25% COLA
Step 1
(0‐6 mo)
Step 2
(7‐12 mo)
Step 3
(13‐18mo)
Step 4
(19‐24 mo)
Step 5
(thereafter)
Dispatcher $6,797 $7,139 $7,497 $7,872 $8,260
Shift Differential (No POST cert) $7,069 $7,425 $7,797 $8,187 $8,590 * With Basic POST Certificate 2% $6,933 $7,282 $7,647 $8,029 $8,425 Shift Differential, with Basic POST Cert $7,210 $7,573 $7,953 $8,350 $8,762 * With Intermediate POST Certificate, 3% $7,001 $7,353 $7,722 $8,108 $8,508 Shift Differential, with Int. POST Cert $7,281 $7,647 $8,031 $8,432 $8,848 * With Advanced POST Certificate, 4% $7,069 $7,425 $7,797 $8,187 $8,590 Shift Differential, with Adv. POST Cert $7,352 $7,722 $8,109 $8,514 $8,934 Police Records Specialist $6,180 $6,489 $6,817 $7,157 $7,507 Animal Control $5,337 $5,603 $5,881 $6,175 $6,483
With AA or Law Enforcement
Training Academy or Basic Humane
Officers Academy Certificates $5,390 $5,659 $5,940 $6,237 $6,548 With BA or Adv. Law Enforcement
Training Academy or Adv. Humane
Officers Academy Certificates $5,444 $5,715 $5,999 $6,299 $6,613 Attachment #3 Agenda Report Page 137
Service Employees International Union Local 1021 City of Piedmont General Employees Unit 7/1/215-6/30/259
Effective 7/1/2025
3.85% Equity for Dispatchers +
3.25% COLA for all positions
Step 1
(0‐6mo)
Step 2
(7‐12 mo)
Step 3
(13‐18mo)
Step 4
(19‐24mo)
Step 5
(therea fte r)
Dispatcher $7,288.09 $7,654.80 $8,038.67 $8,440.76 $8,856.80 Shift Differential (No POST cert) $7,579.62 $7,960.99 $8,360.21 $8,778.39 $9,211.07 * With Basic POST Certificate 2% $7,433.85 $7,807.90 $8,199.44 $8,609.58 $9,033.93 Shift Differential, with Basic POST Cert $7,731.21 $8,120.21 $8,527.42 $8,953.96 $9,395.29 * With Intermediate POST Certificate, 3% $7,506.73 $7,884.45 $8,279.83 $8,693.98 $9,122.50 Shift Differential, with Int. POST Cert $7,807.00 $8,199.82 $8,611.02 $9,041.74 $9,487.40 * With Advanced POST Certificate, 4% $7,579.62 $7,960.99 $8,360.21 $8,778.39 $9,211.07 Shift Differential, with Adv. POST Cert $7,882.80 $8,279.43 $8,694.62 $9,129.53 $9,579.51 Police Records Specialist $6,380.85 $6,699.89 $7,038.55 $7,389.60 $7,750.98 Community Service Officer $5,998.83 $6,299.28 $6,614.20 $6,944.60 $7,291.52 With AA or Law Enforcement
Training Academy or Basic Humane
Officers Academy Certificates $6,058.81 $6,362.28 $6,680.34 $7,014.04 $7,364.43 With BA or Adv. Law Enforcement
Training Academy or Adv. Humane
Officers Academy Certificates $6,118.80 $6,425.27 $6,746.48 $7,083.49 $7,437.35 Effective 7/1/2026, 3.0% COLA
Step 1
(0‐6mo)
Step 2
(7‐12 mo)
Step 3
(13‐18mo)
Step 4
(19‐24mo)
Step 5
(therea fte r)
Dispatcher $7,506.73 $7,884.45 $8,279.83 $8,693.98 $9,122.50 Shift Differential (No POST cert) $7,807.00 $8,199.82 $8,611.02 $9,041.74 $9,487.40 * With Basic POST Certificate 2% $7,656.87 $8,042.13 $8,445.42 $8,867.86 $9,304.95 Shift Differential, with Basic POST Cert $7,963.14 $8,363.82 $8,783.24 $9,222.58 $9,677.15 * With Intermediate POST Certificate, 3% $7,731.94 $8,120.98 $8,528.22 $8,954.80 $9,396.17 Shift Differential, with Int. POST Cert $8,041.21 $8,445.82 $8,869.35 $9,313.00 $9,772.02 * With Advanced POST Certificate, 4% $7,807.00 $8,199.82 $8,611.02 $9,041.74 $9,487.40 Shift Differential, with Adv. POST Cert $8,119.28 $8,527.82 $8,955.46 $9,403.41 $9,866.90 Police Records Specialist $6,572.28 $6,900.89 $7,249.71 $7,611.29 $7,983.51 Community Service Officer $6,178.79 $6,488.26 $6,812.62 $7,152.93 $7,510.26 With AA or Law Enforcement
Training Academy or Basic Humane
Officers Academy Certificates $6,240.58 $6,553.14 $6,880.75 $7,224.46 $7,585.36 With BA or Adv. Law Enforcement
Training Academy or Adv. Humane
Officers Academy Certificates $6,302.37 $6,618.03 $6,948.87 $7,296.99 $7,660.47 Attachment #3 Agenda Report Page 138
Service Employees International Union Local 1021 City of Piedmont General Employees Unit 7/1/215-6/30/259
Effective 7/1/2027, 3.0% COLA
Step 1
(0‐6mo)
Step 2
(7‐12 mo)
Step 3
(13‐18mo)
Step 4
(19‐24mo)
Step 5
(therea fte r)
Dispatcher $7,731.94 $8,120.98 $8,528.22 $8,954.80 $9,396.17 Shift Differential (No POST cert) $8,041.21 $8,445.82 $8,869.35 $9,313.00 $9,772.02 * With Basic POST Certificate 2% $7,886.58 $8,283.40 $8,698.79 $9,133.90 $9,584.10 Shift Differential, with Basic POST Cert $8,202.04 $8,614.73 $9,046.74 $9,499.26 $9,967.46 * With Intermediate POST Certificate, 3% $7,963.89 $8,364.61 $8,784.07 $9,223.45 $9,678.06 Shift Differential, with Int. POST Cert $8,282.45 $8,699.19 $9,135.43 $9,592.39 $10,065.18 * With Advanced POST Certificate, 4% $8,041.21 $8,445.82 $8,869.35 $9,313.00 $9,772.02 Shift Differential, with Adv. POST Cert $8,362.86 $8,783.65 $9,224.13 $9,685.52 $10,162.90 Police Records Specialist $6,769.44 $7,107.92 $7,467.20 $7,839.63 $8,223.01 Community Service Officer $6,364.15 $6,682.91 $7,017.00 $7,367.52 $7,735.57 With AA or Law Enforcement
Training Academy or Basic Humane
Officers Academy Certificates $6,427.79 $6,749.74 $7,087.17 $7,441.20 $7,812.92 With BA or Adv. Law Enforcement
Training Academy or Adv. Humane
Officers Academy Certificates $6,491.44 $6,816.57 $7,157.34 $7,514.87 $7,890.28 Effective 7/1/2028, 3.0% COLA
Step 1
(0‐6mo)
Step 2
(7‐12 mo)
Step 3
(13‐18mo)
Step 4
(19‐24mo)
Step 5
(therea fte r)
Dispatcher $7,963.89 $8,364.61 $8,784.07 $9,223.45 $9,678.06 Shift Differential (No POST cert) $8,282.45 $8,699.19 $9,135.43 $9,592.39 $10,065.18 * With Basic POST Certificate 2% $8,123.17 $8,531.90 $8,959.75 $9,407.92 $9,871.62 Shift Differential, with Basic POST Cert $8,448.10 $8,873.18 $9,318.14 $9,784.23 $10,266.49 * With Intermediate POST Certificate, 3% $8,202.81 $8,615.55 $9,047.59 $9,500.15 $9,968.40 Shift Differential, with Int. POST Cert $8,530.92 $8,960.17 $9,409.49 $9,880.16 $10,367.14 * With Advanced POST Certificate, 4% $8,282.45 $8,699.19 $9,135.43 $9,592.39 $10,065.18 Shift Differential, with Adv. POST Cert $8,613.75 $9,047.16 $9,500.85 $9,976.08 $10,467.79 Police Records Specialist $6,972.53 $7,321.15 $7,691.22 $8,074.82 $8,469.70 Community Service Officer $6,555.08 $6,883.40 $7,227.51 $7,588.55 $7,967.64 With AA or Law Enforcement
Training Academy or Basic Humane
Officers Academy Certificates $6,620.63 $6,952.23 $7,299.78 $7,664.43 $8,047.31 With BA or Adv. Law Enforcement
Training Academy or Adv. Humane
Officers Academy Certificates $6,686.18 $7,021.06 $7,372.06 $7,740.32 $8,126.99 Attachment #3 Agenda Report Page 139
Service Employees International Union Local 1021 City of Piedmont General Employees Unit 7/1/215-6/30/259
Signed and entered into this __________ day of ___________________.
SERVICE EMPLOYEES INTERNATIONAL CITY OF PIEDMONT
UNION, LOCAL 1021
By___________________________ By_____________________________ David Canham, Executive Staff Director Betsy Smegal Andersen, Mayor By___________________________ By_____________________________ Rafael Botello, SEIU Field Representative Rosanna Bayon Moore, City Administrator By___________________________ By_____________________________ Peter Masiak, East Bay Field Director Anna Brown, City Clerk By____________________________
Blake Huntsman, East Bay Field Supervisor
By____________________________
Tonia Rapoza
By____________________________
Rachel Perez
Attachment #3 Agenda Report Page 140
Service Employees International Union Local 1021 City of Piedmont Public Works Unit
MEMORANDUM OF UNDERSTANDING
BETWEEN THE
CITY OF PIEDMONT
AND
Service Employees International Union Local 1021
(PUBLIC WORKS UNIT)
July 1, 20251 – June 30, 20295
Attachment #4 Agenda Report Page 141
Service Employees International Union Local 1021 City of Piedmont Public Works Unit
TABLE OF CONTENTS
SECTION 1 - RECOGNITION ................................................................................................................... 1 SECTION 2 - NO DISCRIMINATION ...................................................................................................... 1 SECTION 3 - UNION SECURITY ............................................................................................................. 2 SECTION 4 - UNION STEWARDS ........................................................................................................... 3 SECTION 5 - UNION COMMUNICATIONS RIGHTS .......................................................................... 4 SECTION 6 - HOURS OF WORK ............................................................................................................. 5 SECTION 7 - WAGES AND CLASSIFICATION .................................................................................... 7 SECTION 8 - PROBATIONARY PERIOD ......................................................................................... 1412 SECTION 9 - HOLIDAYS ..................................................................................................................... 1413 SECTION 10 - VACATION LEAVE .................................................................................................... 1514 SECTION 11 - SICK LEAVE ................................................................................................................ 1615 SECTION 12 - LEAVE .......................................................................................................................... 1715 SECTION 13 - INJURY PAY ................................................................................................................ 1917 SECTION 14 - HEALTH PLANS AND LIFE INSURANCE ............................................................. 1918 SECTION 15 - UNIFORMS .................................................................................................................. 2321 SECTION 16- MISCELLANEOUS STAFFING PROVISIONS ...................................................... 2422 SECTION 16 - LAYOFF ........................................................................................................................ 2422 SECTION 17 – PROFESSIONAL DEVELOPMENT REIMBURSEMENT ................................... 2422 SECTION 18 - GRIEVANCE PROCEDURE ...................................................................................... 2422 SECTION 19 - SCOPE OF MEMORANDUM OF UNDERSTANDING ......................................... 2523 SECTION 20- SAVINGS CLAUSE ...................................................................................................... 2523 SECTION 21 - SAVINGS CLAUSE ..................................................................................................... 2523 SECTION 21– LABOR/MANAGEMENT COMMITTEE................................................................. 2624 SECTION 21 - ENACTMENT .............................................................................................................. 2624 SECTION 22 - ENACTMENT .............................................................................................................. 2624 SECTION 23- TERM OF MEMORANDUM OF UNDERSTANDING ............................................ 2725 SECTION 25 - TERM OF MEMORANDUM OF UNDERSTANDING ........................................... 2725 Attachment #4 Agenda Report Page 142
Service Employees International Union Local 1021 City of Piedmont Public Works Unit, 7/1/20251-6/30/20295 Page 1
MEMORANDUM OF UNDERSTANDING
BETWEEN THE
CITY OF PIEDMONT
AND
Service Employees International Union Local 1021
(PUBLIC WORKS UNIT)
July 1, 20251 to June 30, 20295
This Memorandum of Understanding is entered into by the City of Piedmont, a political subdivision, hereinafter named “City” and, Service Employees International Union Local 1021 hereinafter named “Union” concerning conditions of employment to be in effect during the period July 1, 20251 through June 30, 20295, for those employees working in the Public Works Unit referred to and further described in Section 1 of this Memorandum.
SECTION 1 - RECOGNITION
The City recognizes the Union as the exclusive bargaining representative for all full-time permanent employees in the Public Works Unit in classifications set forth in this Memorandum, as well as any new related classifications upon mutual agreement between the City and the Union. If agreement cannot be reached, the California State Conciliation Service shall be requested to mediate the dispute.
The Union recognizes its obligations to cooperate with the City to assure maximum service of the highest quality and efficiency to citizens of the City of Piedmont together with its obligations to the employees which the Union represents.
SECTION 2 - NO DISCRIMINATION
2.1 DESCRIPTION OF RIGHTS
No unit member shall be treated discriminatorily because of race, religious creed, color, national origin, ancestry, sex, sexual orientation, physical disability, mental disability, medical condition, genetic information, marital status, gender, gender identity, gender expression, membership or participation in an employee organization, political affiliation or opinion, or age, to the extent prohibited by applicable state or federal law.
2.2 AMERICANS WITH DISABILITIES ACT
The City and the Association acknowledge that the Americans with Disabilities Act (ADA) and other state and federal statutes require accommodation for unit members Attachment #4 Agenda Report Page 143
Service Employees International Union Local 1021 City of Piedmont Public Works Unit, 7/1/20251-6/30/20295 Page 2
protected under that statute, that accommodations must be determined on an individual case by case basis, and that the City has a legal obligation to meet with the unit member to discuss accommodations.
2.3 ACCOMMODATION NOT A PAST PRACTICE
Any accommodation provided to a bargaining unit member as required by the ADA or other state and federal disability statutes shall not establish a past practice nor shall it be used as evidence of a past practice in any grievance.
SECTION 3 - UNION SECURITY
3.1 NOTIFICATION OF RECOGNIZED UNION
When a person is hired in any of the job classifications within the Public Works Unit, the City shall notify such person(s) that the Union is the recognized bargaining agent for the employees in said Unit.
The City shall post, within the employee work or rest area, a notice which sets forth the classifications within the Public Works Unit and the name and address of the Union.
3.2 DEDUCTION OF UNION DUES
Employees may voluntarily join the Union and authorize individual payroll deductions for dues, initiation fees, and general assessments, as well as any other membership benefit program sponsored by the Union (hereinafter collectively "dues deductions"). The Union shall be responsible for maintaining records of bargaining unit employees who provide written consent to join the Union and authorize dues deductions. The Union shall certify to the City the identity of such members and the amount of the dues deductions to be withheld from their paychecks.
The City shall deduct from the Union paychecks of each employee who voluntarily authorizes dues deductions as certified by the Union, or pursuant to an authorization form tendered to the City by the Union or the employee, Union dues, voluntary COPE deductions, and premiums for approved insurance programs from an employee’s pay in conformity with state and city regulations. The deductions shall commence with the beginning of the next pay period following receipt of the authorization. The City shall promptly remit the total amount deducted, together with a list identifying each employee from whom a deduction was made, to the Secretary-Treasurer of the Union as the person authorized to receive such funds. The Union shall specify the address by which the City shall forward the dues deductions.
The employee's earnings must be sufficient, after all other required donations are made, to cover the amount of the deductions herein authorized. When an employee is in a nonpay status for an entire pay period, no withholdings will be made to cover that pay period from future earnings nor will the employee deposit the amount with the City which would have been withheld if the employee had been in pay status during that period. In the case of an employee who is in a non-pay status during a part of the pay period, and the salary is not sufficient to cover the full withholdings, no deduction shall be made. In this connection, all required deductions have priority over the Union deduction.
Attachment #4 Agenda Report Page 144
Service Employees International Union Local 1021 City of Piedmont Public Works Unit, 7/1/20251-6/30/20295 Page 3
If an employee desires to revoke, cancel or change their prior dues deduction authorization, the City shall direct the employee to the Union. Any such dues deduction, revocation cancellation, and/or change shall be effective only when submitted by the Union to the City and is subject to the terms and conditions set forth in the original payroll deduction/authorization.
The City will implement any change to a bargaining unit employee’s payroll deductions during the first full pay period following notification of such change by the Union.
The Union shall indemnify, defend and hold the City harmless against any and all claims, demands, suits, proceedings, or court orders, or any other liability that may arise out of or by reason of action taken or not taken by the City for the purpose of complying with any of the provisions of this dues deduction agreement.
3.3 EMPLOYEE INFORMATION
The City shall provide the Union representatives with a digital file via email containing the name, job title, department, work location, work, home and personal cellular telephone number, personal email addresses on file with the employer, and home address of any newly hired employee in bargaining unit classifications represented by the Union within thirty (30) days of the date of hire or by the first pay period of the month following hire. The City shall also provide the Union representatives with a list of that same information for all existing unit employees at least every 120 days.
SECTION 4 - UNION STEWARDS
The City and the Union agree that good labor relations are fostered and maintained through prompt, decisive and fair adjustment of grievances at the lowest possible administrative level.
The Union may select a reasonable number of stewards from within the represented Unit. The Union shall provide a current list of stewards, regularly updated, to the City showing employee name and classification.
The City will recognize a steward or officer selected by the Union as its representative in settling grievances with the City management. It is understood and agreed that the handling of any grievance will not unreasonably interfere with the duties of the steward as an employee.
Accordingly, a steward who is released by a supervisor to investigate a grievance or to meet with City officials shall return promptly to his/her assigned duties.
One steward shall be relieved from assigned work duties by the supervisor to attend meetings arranged with management and to investigate and process grievances initiated by other employees within the same work area. In no event shall the steward order any changes, and no changes shall be made except with the consent of the appropriate Department Heads.
The Union Field Representative shall be permitted to enter work areas where the members are employed during normal working hours for the purpose of ascertaining whether the terms and conditions of this Agreement are being observed, to observe working conditions and to assist in Attachment #4 Agenda Report Page 145
Service Employees International Union Local 1021 City of Piedmont Public Works Unit, 7/1/20251-6/30/20295 Page 4
the processing of grievances. The Union Field Representative shall provide the Public Works Director, or his/her designee, with a minimum of two (2) days notice before arrival.
SECTION 5 - UNION COMMUNICATIONS RIGHTS
5.1 Bulletin Boards
Reasonable space shall be provided on bulletin boards as specified by Department Heads for use by employees and the Union for communications having to do with official Union business, such as times and places of meetings.
5.2 New Employee Orientation
A Union labor relations representative shall have the right to meet with a newly hired bargaining unit member for up to 30 minutes to communicate with the employee about the rights and obligations created by the MOU and the role of the union, among other topics.
5.2.1 The meeting shall occur on the newly hired bargaining unit member’s first day of work during the employee’s regular working hours and after the City has completed all of the City’s new employee orientation activities.
5.2.2 The City shall give the Union at least 10 days’ notice of a newly hired bargaining unit member’s first day of work, unless Human Resources receives less than 10 days’ notice of the employee’s first day of work. The Union representative shall contact Human Resources to schedule the time for the meeting.
5.2.3 If the Union labor relations representative is unable to attend a meeting with a newly hired employee on the employee’s first day of work, the Union representative shall schedule the meeting, through Human Resources, within seven (7) calendar days of the newly hired employee’s first day of work.
5.3 Employee Information
Within 30 days of the date of hire, the City shall provide the Union with the name, job title, department, work location; work, home, and personal cellular telephone numbers and personal email addresses on file with the City, if any, and the home address of the employee. On an annual basis, by March 1 each year, the City shall provide the same information for all bargaining unit members to the Union.
Attachment #4 Agenda Report Page 146
Service Employees International Union Local 1021 City of Piedmont Public Works Unit, 7/1/20251-6/30/20295 Page 5
SECTION 6 - HOURS OF WORK
6.1 WORKDAY AND WORKWEEK
The regular daily work schedule shall be eight (8) hours; the regular weekly work schedule shall be forty (40) hours.
6.2 REST PERIODS
Each employee shall be granted a rest period of fifteen (15) minutes during the first half of the shift and fifteen (15) minutes during the second half of the shift.
6.3 MEAL PERIODS
A meal period shall be granted to each employee during the shift and shall be scheduled as close as possible to the middle of the shift.
6.4 OVERTIME
Overtime work is that work performed in excess of the regular daily work schedule or the regular weekly work schedule. Paid holidays, vacation leave and paid sick leave shall count as time worked for the purposes of computing weekly overtime.
Hours worked in excess of the regular daily or weekly schedule shall be paid at the overtime rate which shall be one and one-half (1-1/2) times the straight-time hourly rate.
Employees shall be compensated for all work performed on Sundays and holidays at two (2) times their regular straight-time hourly rate of pay including all applicable differentials and premiums. In no event shall an employee receive more than two (2) times his/her straight time hourly rate of pay.
6.5 OVERTIME DISTRIBUTION
Overtime shall be offered as equally as possible on a voluntary, rotational basis by hours.
6.6 CALL-IN PAY
Employees called to work on his or her day off or at a time other than their regular shift shall receive at least four (4) hours pay. All time not worked during the four (4) hour period shall be paid at straight-time. All time worked under this section at a time other than the employee’s regular shift shall be paid at the applicable overtime rate. The employee may work more than four (4) hour hours of call-back time; provided, however, that if the employee works more than four (4) hours during call-back time, he/she shall receive only applicable overtime pay and he/she shall not receive an additional four (4) hours of call-back time.
6.7 STAND-BY PAY
An eligible employee holding the classification of Maintenance Worker assigned to Public Works Streets, Parks and Facilities Maintenance scheduled to stand-by for urgent call back at a time other than their regular shift and/or workday shall receive seventy one hundred dollars ($7100.00) for each period of weekday duty and eighty one hundred and Attachment #4 Agenda Report Page 147
Service Employees International Union Local 1021 City of Piedmont Public Works Unit, 7/1/20251-6/30/20295 Page 6
forty dollars ($8140.00) for each weekend period of time the employee is scheduled to stand-by.
It shall be left to the discretion of City management as to what shall be deemed urgent.
The time periods for stand-by shall be as follows:
Time periods shall consist of each twenty-four (24) hour segment beginning with the start of the normal work shift and ending with the start of the next normal work shift. On days when there is no work scheduled such as Saturday, Sunday and holidays, the time period for stand-by shall include the entire twenty-four (24) hour period. On days when work is scheduled, the employee shall stand-by from the completion of the normal shift until the normal start time on the next day. Except as may be modified pursuant to provisions of this section, weekend stand-by shall begin at the end of regular shift on Friday.
It is understood that the employee scheduled for such stand-by must be available for and accept emergency call back assignments at a time other than their regular shift as a condition of receiving the above stand-by pay. In no event will the City be obligated to pay more than one (1) stand-by sum for any one (1) twenty-four (24) hour period unless so assigned. Employees not available for or refusing such call back after having been scheduled for stand-by without reasonable justification may be subject to disciplinary action.
Except for circumstances where operational necessity requires immediate action, any alteration in the delivery of City services which requires a change in scheduling procedures and practices shall require a fourteen (14) day notice prior to the implementation. The Union shall also be notified of the change. Upon request the City shall meet and confer with the Union regarding the impact of the change.
In order to be eligible for stand-by duty an employee must have completed at least three (3) months of continuous full-time employment and be qualified for said duty as determined by the Department Head through demonstration and testing. Stand-by duty will be voluntary and rotated through all qualified employees. In the event there are no volunteers for stand-by duty, the Department Head shall assign duty to the qualified individual having the least number of stand-by hours during the prior four-week stand-by period. Notice of non-voluntary stand-by duty shall be given no less than two (2) weeks in advance except when operational emergencies preclude such notice.
If the Department Head notifies an employee that he/she is unqualified for stand-by duty, the Department Head shall state the reasons for same and provide training so that the employee may develop the necessary skills to qualify for standby duty through demonstration and testing.
The City will provide cellular phones to those employees eligible for stand-by duty, and shall pay the base monthly charges for said employees. The City will have the sole discretion as to the type of cellular phone that it will provide and the service which it shall acquire for the affected employees.
Attachment #4 Agenda Report Page 148
Service Employees International Union Local 1021 City of Piedmont Public Works Unit, 7/1/20251-6/30/20295 Page 7
6.8 COMPENSATORY TIME OFF
Employees working overtime may elect, with the permission of their Department Head, to receive compensatory time off in lieu of overtime pay. Compensatory time off shall be accrued at the rate of one and one-half (1-1/2) or two (2) hours for each hour worked.
Compensatory time off may be accumulated to a maximum of One Hundred Twentyseven (127) hours. Employees desiring to utilize compensatory time off may do so with the permission of their Department Head.
SECTION 7 - WAGES AND CLASSIFICATION
7.1 MINIMUM WAGES
During the term of this MOU, the rates of pay shown reflect the following increases:
2.75% equity adjustment for Senior Maintenance Workers effective July 1, 2025;
3.25% effective July 1, 20251
3% effective July 1, 20262
3.25% effective July 1, 20273
3.25% effective July 1, 20284
Effective 7/1/21: 1.03
3% COLA
Step A
(0-6 mo)
Step B
(7-12 mo)
Step C
(13-18 mo)
Step D
(19-24 mo)
Step E
(25 mo +) Step F
Maintenance Worker I 4,875 5,119 5,375 5,643 5,926
Maintenance Worker II 6,222
Senior Maintenance Worker 5,743 6,031 6,332 6,649 6,981
Effective 7/1/22: 1.03
3% COLA
Step A
(0-6 mo)
Step B
(7-12 mo)
Step C
(13-18 mo)
Step D
(19-24 mo)
Step E
(25 mo +) Step F
Maintenance Worker I 5,021 5,273 5,536 5,812 6,104
Maintenance Worker II 6,409
Senior Maintenance Worker 5,915 6,212 6,522 6,848 7,190
Effective 7/1/23: 1.0325
3.25% COLA
Step A
(0-6 mo)
Step B
(7-12 mo)
Step C
(13-18 mo)
Step D
(19-24 mo)
Step E
(25 mo +) Step F
Maintenance Worker I 5,184 5,444 5,716 6,001 6,302
Maintenance Worker II 6,617
Senior Maintenance Worker 6,107 6,414 6,734 7,071 7,424
Effective 7/1/24: 1.0325
Attachment #4 Agenda Report Page 149
Service Employees International Union Local 1021 City of Piedmont Public Works Unit, 7/1/20251-6/30/20295 Page 8
3.25% COLA
Step A
(0-6 mo)
Step B
(7-12 mo)
Step C
(13-18 mo)
Step D
(19-24 mo)
Step E
(25 mo +) Step F
Maintenance Worker I 5,352 5,621 5,902 6,196 6,507
Maintenance Worker II 6,832
Senior Maintenance Worker 6,305 6,622 6,953 7,301 7,665 Effective 7/1/25: 1.0325 1.0325 1.0325 1.0325 1.0325 1.0325
2.75% Equity for Sr Maint
3.25% COLA
Step A
(0‐6 mo)
Step B
(7‐12 mo)
Step C
(13‐18 mo)
Step D
(19‐24 mo)
Step E
(25 mo +) Step F
Maintenance Worker I 5,525.94 5,803.68 6,093.82 6,397.37 6,718.48 Facilities Maint Worker 5,525.94 5,803.68 6,093.82 6,397.37 6,718.48 Maintenance Worker II 7,054.04
Senior Maintenance Worker 6,688.94 7,025.24 7,376.39 7,745.59 8,131.75 Effective 7/1/26: 1.03 1 1 1 1 1.03
3% COLA
Step A
(0‐6 mo)
Step B
(7‐12 mo)
Step C
(13‐18 mo)
Step D
(19‐24 mo)
Step E
(25 mo +) Step F
Maintenance Worker I 5,691.72 5,977.79 6,276.63 6,589.29 6,920.03 Facilities Maint Worker 5,691.72 5,977.79 6,276.63 6,589.29 6,920.03 Maintenance Worker II 7,265.66
Senior Maintenance Worker 6,889.61 7,236.00 7,597.68 7,977.96 8,375.70 Effective 7/1/27: 1.03 1.03 1.03 1.03 1.03 1.03
3% COLA
Step A
(0‐6 mo)
Step B
(7‐12 mo)
Step C
(13‐18 mo)
Step D
(19‐24 mo)
Step E
(25 mo +) Step F
Maintenance Worker I 5,862.47 6,157.12 6,464.93 6,786.97 7,127.63 Facilities Maint Worker 5,862.47 6,157.12 6,464.93 6,786.97 7,127.63 Maintenance Worker II 7,483.63
Senior Maintenance Worker 7,096.30 7,453.08 7,825.61 8,217.30 8,626.97 Effective 7/1/28: 1.03 1.03 1.03 1.03 1.03 1.03
3% COLA
Step A
(0‐6 mo)
Step B
(7‐12 mo)
Step C
(13‐18 mo)
Step D
(19‐24 mo)
Step E
(25 mo +) Step F
Maintenance Worker I 6,038.34 6,341.83 6,658.88 6,990.58 7,341.46 Facilities Maint Worker 6,038.34 6,341.83 6,658.88 6,990.58 7,341.46 Maintenance Worker II 7,708.14
Senior Maintenance Worker 7,309.19 7,676.67 8,060.38 8,463.82 8,885.78 If, during the term of this agreement, any other bargaining unit is offered a cost of living increase greater than the increases shown above for the same fiscal year, then the Attachment #4 Agenda Report Page 150
Service Employees International Union Local 1021 City of Piedmont Public Works Unit, 7/1/20251-6/30/20295 Page 9
difference between the increase for the other bargaining unit and the increase provided under the MOU, will take effect for the Local 1021 Public Works bargaining unit.
7.2 SALARY AT TIME OF EMPLOYMENT
The beginning of normal hiring rate shall usually be at the first step of the rank. Every new employee shall be paid the first step on employment except that the City Administrator may authorize employment at a higher step.
7.3 ELIGIBILITY FOR ADVANCEMENT IN PAY
Employees shall be advanced from Step A through Step D in accordance with the timein-step requirements outlined above. The above time-in-step requirements shall apply before an employee gains eligibility for advancement in pay.
When an employee demonstrates outstanding capacity in performing his/her duties advancement may be made prior to completion of the above time-in-step requirements.
Advancement in pay when approved shall be effective at the beginning of the first pay period immediately following completion of the time-in-step requirement outlined above.
If an employee is on leave without pay for more than one month, the period shall be deducted from accumulated time in step.
7.4 ATTAINING ADVANCEMENT
An employee, in order to be advanced in steps, must demonstrate that advancement is merited on the basis of job performance. Advancements shall not be made solely because employees are eligible according to time-in-step requirements. Good attitude and personal conduct, work accomplished, conscientious attendance, safety alertness, efforts at self-improvement, and other factors of individual achievement must be evident as appropriate to the position.
7.5 USE OF PERFORMANCE RATINGS IN DETERMINING WHETHER STEP
ADVANCEMENT IS MERITED
Performance ratings shall guide supervisors and Department Heads in determining whether step advancements have been earned and should be recommended to the City Administrator. Performance ratings shall be completed by the supervisor for each employee on an annual basis, or sooner as necessary.
7.6 WITHHOLDING STEP ADVANCEMENT
Department Heads have the authority and responsibility to recommend to the City Administrator that step advancements be withheld if they are not merited. Department Heads shall keep their employees informed about their job performance, giving good work its proper recognition and deficient work all possible guidance and assistance toward improvement.
7.7 PROMOTIONS
Employees promoted to a classification with a higher rate of pay shall be paid at the next highest step in the new salary range that provides a minimum five percent (5%) increase over his/her step at the time of promotion.
Attachment #4 Agenda Report Page 151
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7.8 WORKING OUT OF CLASSIFICATION
An employee who is temporarily assigned to a vacant position with a higher rate of pay will receive pay equivalent to that of the first step at the higher classification or a five percent (5%) differential, whichever is greater; effective on the first day of the assignment.
7.9 RETIREMENT PLAN
The City contracts with the California Public Employees Retirement System (CalPERS) for employee retirement benefits, and all eligible employees covered by this MOU are CalPERS members.
7.9.1 Retirement — Employees Hired Before August 21, 2012 This Section 7.9.1 shall apply to employees hired before August 21, 2012, who are contributing members of CalPERS (Tier 1).
A. Final Compensation Based on the Single Highest Year
For purposes of determining a retirement benefit, final compensation for employees covered by this section 7.9.1 shall be based on the single highest year.
B. 3.0% @ 60 Pension Formula
The 3.0% at 60 pension formula shall be available to all employees covered by this section 7.9.1 who are contributing members of CalPERS.
C. Required Employee Contribution
Members covered by this section 7.9.1 will contribute the employee contribution amount established by CalPERS for the 3.0% @ 60 Pension Formula. (The CalPERS required employee contribution amount was 8% as of the date of this MOU.)
In the event employee contribution rates are adjusted by CalPERS during the term of this MOU, any increased employee contribution above 8% will be paid by employees when the CalPERS increase is effective.
D. Additional Required Employee Contribution
In addition to the required employee contribution, employees covered by this section 7.9.1 will contribute an additional amount as follows:
The Union and the City agree that if the City’s total employer contribution rate for Tier 1 employees is more than 14.025%, the amount above 14.025% will be shared equally between the City (50%) and the Tier 1 employees (50%) (“Employer Contribution Rate Formula”). This Employer Contribution Rate Formula shall continue upon the expiration of this Memorandum of
Understanding.
Attachment #4 Agenda Report Page 152
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For Tier 1 employees, the total employee contribution maximum cap shall not exceed 14% (“Maximum Cap”). This 14%
Maximum Cap includes: (a) The existing 8% employee
contribution; and (b) Any additional cost sharing of the employer contribution that may result from application of the Employer Contribution Rate Formula. The Maximum Cap of 14% shall continue upon the expiration of this Memorandum of
Understanding, except employees shall be required to pay any increases to the CalPERS-established employee contribution amount, as set forth in Section C.
7.9.2 Retirement — Employees Hired On or After August 21, 2012 and Employees Hired After January 1, 2013 With Pension Reciprocity
This section 7.9.2 shall apply to employees hired on or after August 21, 2012, and employees hired after January 1, 2013 with pension reciprocity who are contributing members of CalPERS (Tier 2).
A. Final Compensation Based on Three Year Average
For purposes of determining a retirement benefit, final compensation for employees covered by this section 7.9.2 shall be based on the member's highest three-year average.
B. 2.0% @ 60 Pension Formula
The 2.0% at 60 pension formula shall be available to all employees covered by this section 7.9.2 who are contributing members of CalPERS.
C. Required Employee Contribution
Members covered by this section 7.9.2 will contribute the employee contribution amount established by CalPERS for the 2.0% @ 60 Pension Formula. (The required employee contribution amount was 7% as of the date of this MOU):
In the event employee contribution rates are adjusted by CalPERS during the term of this MOU, any increased employee contribution above 7% will be paid by employees when the CalPERS increase is effective.
D. Additional Required Employee Contribution
In addition to the required employee contribution, employees covered by this section 7.9.2 will contribute an additional amount as follows:
The Union and the City agree that if the City’s total employer contribution rate for Tier 1 employees is more than 14.025% the amount above 14.025% will be shared equally between the City (50%) and the Tier 2 employees (50%) (“Employer Contribution Rate Formula”). This Attachment #4 Agenda Report Page 153
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Employer Contribution Rate Formula shall continue upon the expiration of this Memorandum of Understanding.
For Tier 2 employees, the total employee contribution maximum cap shall not exceed 8% (“Maximum Cap”). This 8% Maximum Cap includes: (a) The existing 7% employee contribution; and (b) Any additional cost sharing of the employer contribution that may result from application of the Employer Contribution Rate Formula. The Maximum Cap of 8% shall continue upon the expiration of this Memorandum of Understanding, except employees shall be required to pay any increases to the CalPERS-established employee contribution amount, as set forth in Section C.
7.9.3 Retirement — Employees Hired On or After January 1, 2013 Without Pension Reciprocity
This Section 7.9.3 shall apply to employees hired on or after January 1, 2013, without pension reciprocity, who are contributing members of CalPERS (Tier 3).
A. Final Compensation Based on Three Year Average
For purposes of determining a retirement benefit, final compensation for employees covered by this section 7.9.3 shall be based on the member's highest three-year average.
B. 2.0% @ 62 Pension Formula
The 2.0% at 62 pension formula shall be available to all employees covered by this section 7.9.3 who are contributing members of CalPERS.
C. Required Employee Contribution
Members covered by this section 7.9.3 will contribute 50% of normal costs as established by CalPERS for the 2.0% @ 62 Pension Formula.
The required contribution amount was 6.75% as of the date of this MOU.
In the event employee contribution rates are adjusted by CalPERS during the term of this MOU, the employee contribution will be recalculated based upon the updated required employee contribution rate established by CalPERS.
7.9.4 Retirement – All Employees
The City will maintain the IRS 414(h)(2) provision allowing the employee to defer State and Federal income taxes on their CalPERS contributions.
Attachment #4 Agenda Report Page 154
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7.10 DEFERRED COMPENSATION
Employees shall be able to participate voluntarily in the City of Piedmont deferred compensation program, administered by ICMA 457 plan.
7.11 CERTIFICATION DIFFERENTIALS
An additional differential of five percent (5%) of base pay shall be paid to a maximum of four (4) Maintenance Workers assigned to the parks or streets division who obtain and maintain the International Society of Arborist (“ISA”) Certified Arborist Credential. All of the direct costs associated with maintaining certification of the ISA Certified Arborist Credential shall be paid by the City. As of October 21, 2022, employees who are not assigned to the parks and streets division and who currently possess and maintain ISA Certified Arborist Credential, will continue to receive the differential pay for that certification. However, current and future employees who are not assigned to the parks and streets division, will not receive differential pay for ISA Certified Arborist Credential, if they obtain the ISA Certified Arborist Credential after October 21, 2022.
A differential of four percent (4%) of base pay shall be paid to Maintenance Workers assigned to the streets division who obtain and maintain CWEA certification, and an additional five percent (5%) of base pay shall be paid for obtaining and maintaining PACP certification. As of October 21, 2022, employees who are not assigned to the streets division and who currently possess and maintain CWEA certification or PACP certification, will continue to receive the differential pay for those certifications.
However, current and future employees not assigned to the streets division, will not receive any differential pay for CWEA certification or PACP certification if they obtain such certifications after October 21, 2022.
A differential of $200 per month shall be paid to a maximum of four (4) Maintenance Workers assigned to the Streets Division for obtaining and maintaining the NASSCO Manhole Assessment Certification.
A differential of $200 per month shall be paid to a maximum of two (2) Maintenance Workers assigned to the Parks Division for obtaining and maintaining both the Exterior Technician Certification and Lawn Care Technician Certification from the National Association of Landscape Professionals (NALP).
In the sole discretion of the Public Works Director, or their designee, and with approval by the City Administrator, an employee may request to obtain certification differential pay for obtaining and maintaining one of the certifications set forth above which is otherwise designated for employees outside of their division.
In the event an employee is required to have a Class B or higher vehicle operator’s license, the City shall provide the employee with the training to obtain such license and shall compensate holders of a valid California Class B (or higher) Driver’s License with an additional 3% pay differentialof base pay and shall pay all of the direct costs associated with maintaining such license.
For bookkeeping purposes, the payment of any additional sum as a certification incentive / differential provided in this Section 7.11 shall commence on the first of the month following Attachment #4 Agenda Report Page 155
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submission of written proof to the City Administrator that the employee has obtained the appropriate certification(s).
SECTION 8 - PROBATIONARY PERIOD
A probationary period of six (6) consecutive months shall be established for new employees.
Any approved leave of absence during the probationary period shall not be counted towards fulfilling the probationary requirement and such probationary period shall be extended accordingly. During such probationary period, an employee may be discharged for any reason which is legal. Probationary employees shall serve at the pleasure of the appointing authority and shall gain no tenure or other property interest in their employment. The probationary period may be extended for one (1) additional three (3) month period for the purposes of further assessing an employee’s work performance.
SECTION 9 - HOLIDAYS
9.1 HOLIDAYS OBSERVED
The following shall be observed as paid holidays:
January 1 New Year’s Day
Third Monday in January Martin Luther King, Jr. Birthday Third Monday in February President’s Day
Last Monday in May Memorial Day
June 19 Juneteenth
July 4 Independence Day
First Monday in September Labor Day
November 11 Veterans Day
Fourth Thursday in November Thanksgiving Day
Friday after Thanksgiving
December 24 Christmas Eve
December 25 Christmas Day
Employee’s Birthday
One floating holiday on a day mutually agreeable between the individual employee and the Department Head. Any day proclaimed by the City Council as a holiday for City employees. All holidays shall be taken or paid for during the calendar year in which they fall.
For the purposes of the night shift, the holiday shall be defined as the day in which the majority of the hours fall on the holiday.
9.2 EMPLOYEE’S BIRTHDAY
The employee’s birthday which is presently a paid holiday may be celebrated on a date other than on which the birthday falls, subject to approval of the Department Head. Such Attachment #4 Agenda Report Page 156
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alternative day shall be taken in the calendar year in which the birthday occurs. Failure to take the holiday within the calendar year shall result in forfeiture of the holiday.
9.3 HOLIDAYS TO BE OBSERVED ON WORKDAYS
In the event that any holiday listed above shall fall on a Saturday, such holiday shall be observed on the preceding Friday. In the event that any holiday listed above shall fall on a Sunday, such holiday shall be observed on the following Monday.
9.4 HOLIDAY PAY
Each employee eligible for the above holidays shall be paid an amount equal to the employee’s regular daily rate for each holiday whether that employee is scheduled to work or not work on such holiday.
9.5 PAY FOR WORK ON HOLIDAY
Pay for work on a holiday shall be provided for work performed on the actual day of the holiday. If an employee is scheduled to work on a fixed holiday, the employee shall, in addition to the above holiday pay receive two (2) times their regular straight-time hourly rate of pay for all hours worked on such holiday including all applicable differentials and premiums. There shall be no premium pay for a floating holiday not taken.
SECTION 10 - VACATION LEAVE
10.1 VACATION ACCRUAL RATES
Employees shall accrue vacation leave as follows:
1 through 4 years 11 days
5 through 8 years 15 days
9 through 11 years 17 days
12 through 14 years 19 days
15 through 18 years 20 days
19 through 22 years 22 days
23 years and after 25 days
Employees shall be able to take any accrued vacation after the first six months of employment.
10.2 DATE WHEN VACATION CREDIT STARTS
Vacation credit shall begin as of the date of employment. In the event the date of employment is not the first (1st) day of the pay period, then the vacation credit for that pay period shall be prorated in accordance with the actual time worked in the pay period.
10.3 HOLIDAY FALLING DURING VACATION
In the event that a holiday specified above occurs during a period of authorized vacation leave, said holiday shall be charged as a holiday, not a day of vacation leave.
10.4 USE OF SICK LEAVE DURING VACATION
Attachment #4 Agenda Report Page 157
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An employee who is injured or becomes ill while on vacation may be paid for sick leave in lieu of vacation provided that the employee provides a doctor’s certificate verifying the illness or injury for the period for which sick leave is claimed.
10.5 ACCUMULATION
An employee shall be allowed to accumulate a maximum of two (2) years vacation accrual at any one (1) time.
10.6 REQUESTING VACATION LEAVE
Employees shall request specific dates for vacation by January 15 each year, whenever possible. As long as employees request vacation leave by January 15, seniority shall be the basis for resolving any conflicting requests for vacation time off.
10.7 VACATION SELLBACK
An employee may elect to covert for payment in cash a maximum of half of his/her annual vacation accrual, computed at the employee’s current salary rate, provided that the employee takes off two weeks of vacation and/or compensatory time in the calendar year the vacation sellback takes place. The vacation sellback shall only be in effect provided that two weeks of vacation accrual remain on the books after the vacation sellback takes place.
SECTION 11 - SICK LEAVE
11.1 ACCRUAL
An employee shall accrue sick leave at the rate of five (5) hours for each pay period of service.
11.2 USAGE
Employees are entitled to be paid for sick leave used, to a maximum of time accrued, under the following conditions:
(a) The employee’s illness or injury incapacitates him or her from performance of duties.
(b) The employee’s receipt of required medical or dental care or consultation.
Employees may use up to 50% of their annual sick leave accrual to care for their sick child, parent, spouse, registered domestic partner* or the child of a registered domestic partner.
Medical verification may be required.
*A registered domestic partnership requires filing an Affidavit of Domestic Partnership with the Human Resources Department of the City of Piedmont.
11.3 INTEGRATION WITH STATE DISABILITY INSURANCE
Sick leave may be supplemented with California State Disability Insurance, however, in no case will the employee be paid more than 100% of the normal salary.
11.4 SICK LEAVE BUYBACK
Attachment #4 Agenda Report Page 158
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Effective April 4, 1997, the City amended its contract with PERS to provide sick leave credit of .004 year of service credit for each unused day of sick leave.
SECTION 12 - LEAVE
12.1 BEREAVEMENT LEAVE
In the case of death within the immediate family of an employee, such employee shall be entitled to leave from duty with pay for a period of up to three (3) working days. The immediate family of an employee, for the purpose of this Section, shall be defined as:
registered domestic partner, wife, husband, mother, father, sister, brother, child, grandmother, grandfather, mother-in-law, father-in-law, son-in-law, brother-in-law, daughter-in-law, sister-in-law and grandchildren. Family member shall include a domestic partner of the employee who has resided with the employee for more than three (3) months and for whom a domestic partner filing has been made on a mutually agreed upon form.
Leave of absence with pay because of death in an employee’s immediate family is allowed and such leave shall not be charged against vacation or sick leave which an employee may be entitled to, but may be in addition thereto. In addition to the three (3) working days of paid bereavement leave, employees may use an additional two (2) working days of leave for each instance of bereavement taken either as unpaid time or from the employee’s accrued vacation or sick leave as requested by the employee.
Bereavement leave may be taken intermittently or consecutively but must be used within three (3) months of the death. Paid bereavement leave does not accrue, has no cash value and does not accumulate over time.
In the event of a death in the employee’s family outside of the immediate family as provided above, an employee may apply to the City Administrator and request bereavement leave.
12.2 LEAVE OF ABSENCE WITHOUT PAY
An employee desiring a leave of absence without pay from his/her employment for any reason shall secure written permission from the City Administrator. Unless otherwise provided by law, the City Administrator has the discretion whether or not to grant a leave of absence without pay.
During any approved leave of absence the employee shall not engage in gainful employment unless authorized to do so by the written permission of the City Administrator. The City Administrator may terminate any employee who violates the terms and conditions of the written permission for leave or extension thereof. The maximum leave of absence shall be for one (1) year.
12.3 MILITARY LEAVE
Employees who are called upon to perform active annual training duty or temporary special services as a member of an Armed Forces reserve and who lose time from their regular scheduled workweek shall be paid the difference be the pay received from the Attachment #4 Agenda Report Page 159
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federal or state government for such reserve duty and their normal weekly earnings not to exceed two (2) weeks annually.
12.4 JURY DUTY
An employee required to serve as a juror in a civil or criminal action pending in a Superior, Municipal or Justice Court of the State of California or any Federal Court convening in the State of California or any employee required to report for the selection of a jury in any of these courts shall receive pay for the time such service requires his absence from work; provided, however, that the City may require proof of the time such service was required and any monies received from jury service shall be remitted to the city; provided, further, that the employee shall report to work if released from jury service prior to 5:00 P.M. and does not have to report for jury service the following day.
An employee required to serve as a juror shall not have his or her regular starting or quitting time changed as a result of being called for jury service.
12.5 PREGNANCY DISABILITY LEAVE
Pregnancy Disability Leave shall be granted in accordance with federal, state and local law. Pregnancy disability leave is a leave of absence necessitated by an employee’s medical disability that is attributable to pregnancy, childbirth or related medical conditions. It includes leave needed for prenatal care, prenatal complications, and morning sickness.
Employees may take up a maximum of four months (88 work days for a full time employee) of pregnancy disability leave per pregnancy. Medical certification is required, and the length of the pregnancy disability leave will depend on the medical necessity for the leave. An employee shall be entitled to use sick leave, vacation or leave without pay to the cumulative total of four (4) months.
Except where medical circumstances preclude such notice, an employee who plans to take pregnancy leave shall give the City at least thirty (30) days advance notice where practicable, and an estimate of the duration of her absence when such information is available to her.
Pregnancy disability also is a “serious health condition” under the FMLA so that, for employees who qualify for FMLA medical leave, health insurance will continue to be paid by the City for at least a combined total of 12 work weeks in any 12-month period.
The employee shall notify the City at least twenty (20) working days prior to her return from pregnancy leave of her intention to return to work, and provide the City with satisfactory written verification from a physician or other licensed health care practitioner of her ability to return to work.
For additional information about pregnancy leave, see the City Personnel Rules.
12.6 FAMILY AND MEDICAL LEAVE
Employees are eligible for unpaid leave under the federal Family and Medical Leave Act (FMLA) and the California Family Rights Act (CFRA). The provisions of this Agreement will be applied in conformance with the provisions of FMLA and the CFRA in effect at the Attachment #4 Agenda Report Page 160
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time the leave is granted and in conformance with City policies and practice. SEIU members should refer to the City’s Personnel Rules for additional information.
12.7 DISABILITY LEAVE
Employees who are unable to work because of injury and/or illness shall be entitled to unpaid leave after paid leave has been exhausted for the duration of the disability. In order to be eligible for such leave, the employee must be eligible for California State Disability Insurance and such leave shall be granted for that same period the employee is eligible for State Disability. If the reason for denial is lack of qualifying quarters, the employee shall still remain eligible for leave as provided herein for the duration of his/her disability.
Employees returning from Disability Leave or Maternity Leave shall be returned to employment with the City in the same classification. Employees returning from such leaves shall return with no loss of seniority or benefits accrued, but not used, prior to the commencement of such leave.
SECTION 13 - INJURY PAY
An employee who first loses time from work as the result of a work related illness or injury shall receive their normal salary for the duration of the disability or forty-five (45) working days whichever is the lesser. If the employee is disabled for a period in excess of forty-five (45) working days, such excess period shall be compensated by paid benefits pursuant to State Workers’ Compensation laws. The employee shall be entitled to use accrued sick leave, compensatory time or vacation to supplement such Workers’ Compensation benefits. In no case shall the employee be entitled to receive more than 100% of the normal salary.
An employee who has returned to work after a period of disability as the result of an original injury and subsequently loses time from work again as the result of an aggravation of or recurrence of the original injury shall in no case receive their normal salary for a period of time to exceed forty-five (45) working days including those days first lost from work as the result of the original injury.
SECTION 14 - HEALTH PLANS AND LIFE INSURANCE
14.1 FLEXIBLE BENEFIT PLAN
Effective January 1, 1993, pursuant to Section 125, Section 105, Section 106 and Section 129 of the Internal Revenue Code, the City established the City of Piedmont Flexible Benefit Plan to provide taxable and non-taxable benefits to its employees and to permit employees to choose which of the benefits they wish to receive.
The City shall maintain the Flexible Benefit Plan which includes accounts for health care expenses, dependent care expenses and premium contributions. The City may pay the employer contribution toward medical premiums (less the statutorily mandated PEMHCA minimum paid directly to CalPERS) through the Flexible Benefit Plan. The parties understand that the City’s use of the Flexible Benefit Plan as a vehicle for its Attachment #4 Agenda Report Page 161
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premium contributions does not change the City or employee’s contribution to medical insurance premiums as described in this Section 14.
14.2 HOSPITALIZATION AND MEDICAL CARE
Effective January 1, 1997, the City began providing CalPERS medical program benefits to active employees and retirees in accordance with the Public Employees’ Medical and Hospital Care Act (“PEMHCA”).
14.2.1 Basic City Contribution
For all bargaining unit employees and retirees, the City pays the PEMHCA statutory minimum as determined by CalPERS under Government Code Section 22892.
14.2.2 Supplemental City Contribution
In addition to the basic City contribution, the City shall contribute a supplemental amount toward medical insurance premiums for bargaining unit employees as described below. Prior to implementation of this Section 14.2.2 and Sections 14.3.1, 14.3.2, and 14.3.3, the parties understand that the City must comply with California Government Code section 7507, which requires that the City secure an actuary report and the City must present said report at a public meeting. Accordingly, Sections 14.2.2, 14.3.1, and 14.3.3 will go into effect the pay period after the City has complied with California Government Code section 7507.
The City and bargaining unit employees share the cost of medical insurance premiums. The City’s maximum contribution toward the monthly premium costs of an employee’s medical benefits is based on the 2021 CalPERS Kaiser Bay Area premiums plus fifty percent (50%) of subsequent annual premium increases for the CalPERS Kaiser Bay Area premiums.
For the 2021 plan year, the City’s monthly contributions towards eligible employees’ elected medical coverage, inclusive of the basic City contribution of the PEMHCA statutory minimum contribution, are as follows:
The City and employees share the cost of medical insurance premiums.
Effective July 1, 2025, the City’s monthly contribution toward eligible employees’ elected medical coverage, inclusive of the basic City contribution (i.e., the PEMHCA statutory minimum), shall be as follows:
Employee only: $1,075.49813.64
Employee +1: $2,150.991,627.28
Employee +family $2,796.28,115.46
Each plan year, the City shall adjust its contributions towards the monthly premium costs of an employee’s medical benefits by an amount equal to fifty Attachment #4 Agenda Report Page 162
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percent (50%) of any increase in the monthly premium rates for the CalPERS Kaiser Bay Area plan at all coverage levels (i.e., employee only, employee + 1 and employee + family). Employees are responsible for the remaining fifty percent (50%) of any premium increases for the CalPERS Kaiser Bay Area plan. Employees selecting medical plans and coverage levels that exceed the City’s maximum contribution are responsible for paying the difference through automatic payroll deduction.
14.2.3 Opt-Out Election
An employee who has medical insurance coverage as a result of being an eligible dependent of another City employee, who has medical insurance coverage as an eligible dependent of a person employed elsewhere, or who otherwise has medical insurance coverage, may elect not to participate in the medical insurance plans offered by the City and may elect to receive $500 per month in lieu of the amount the City would otherwise contribute for medical insurance for the employee. To elect cash in lieu, the employee must sign a waiver of medical insurance coverage provided by the City and provide proof of medical insurance coverage to Human Resources annually before the end of the open enrollment period.
14.3 RETIREE MEDICAL
14.3.1 Bargaining Unit Employees Hired Before January 1, 2018 For active bargaining unit employees hired before January 1, 2018, or the effective date of the City’s CalPERS contract amendment, whichever is later, who retire from the City while meeting the eligibility requirements for CalPERS retiree health insurance, the City shall pay directly to CalPERS the PEMHCA minimum as determined by CalPERS under Government Code Section 22892. In addition, the City shall make available a Retiree Health Reimbursement Arrangement (HRA). Through the HRA, the City will continue to provide to eligible CalPERS annuitants monthly contributions for medical insurance premiums according to the following formula: (# of years City has contracted w/PEMHCA) x (5%) x (City’s contribution for active employees).
The City’s contribution for annuitants is adjusted annually according to this formula and the annual adjustment to the minimum monthly employer contribution cannot exceed $100.00. The amount paid by the City on behalf of annuitants and/or their eligible survivors shall increase annually under this formula until the City’s contributions for annuitants and active employees are the same.
For 2021As of July 1, 2025, the City’s contributions for annuitants are as follows:
Kaiser Premium: Total Employer
Contribution
% of
Premium
Retiree Pays
Employee $813.64 $813.64 100.00% $0.00
Employee+ $1,627.28 $1,627.28 100% $0
Attachment #4 Agenda Report Page 163
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1 Employee
+ Family
$2,115.46 $1,747.26 82.59% $368.20
Coverage:
Kaiser
Premium:
Total Employer
Contribution:
% of
Premium:
Retiree
Pays:
Retiree $1,112.90 $1,075.49 96.64% $37.41
Retiree + 1 $2,225.80 $2,150.99 96.64% $74.81
Retiree + family $2,893.54 $2,147.26 74.21% $746.28
14.3.2 Effective August 1, 2012, all bargaining unit employees who will be eligible for the retiree medical insurance benefit described in 14.3.1 will have the City reduce their pay by $50 semi-monthly by payroll deduction and have the City contribute that amount to retiree medical insurance benefits.
14.3.3 Bargaining Unit Employees Hired On or After January 1, 2018 For employees who are hired on or after January 1, 2018 or the effective date of the City’s CalPERS contract amendment, whichever is later, and who retire from the City, the City’s maximum contribution toward CalPERS retiree medical coverage shall be the PEMHCA minimum contribution as determined by CalPERS under Government Code Section 22892. Bargaining unit employees hired on or after January 1, 2018, are not eligible for the Retiree HRA described in Section 14.3.1.
14.4 DENTAL PLAN
The City shall continue to provide each eligible employee and his/her eligible dependents dental care benefits under a group insurance plan at no cost to the employee. Orthodontic care is included in the group policy, and covers up to 70% of the cost for adults and children (subject to a lifetime maximum of $5,000 per person).
14.5 VISION PLAN
The City shall continue to provide each eligible employee and his/her eligible dependents vision coverage under a group insurance plan and pay the entire premium cost for all coverage levels (i.e., employee only, employee + 1, and employee + family.
14.6 LIFE INSURANCE
The City shall provide and pay the cost of providing each employee with a group term life insurance policy, in an amount equal to twice the employee’s gross annual salary, rounded to the nearest one thousand dollar ($1,000) increment. The City’s payment shall cease upon the employee’s separation from City service, but the employee may elect to retain such policy (if a conversion policy is available) at his/her sole expense.
14.7 DISABILITY INSURANCE
The City shall provide at no cost to the employee a salary continuance disability insurance policy that disability benefits equal to sixty (60%) percent of any employee’s current gross salary following a sixty (60) day absence due to a non-job related injury or illness.
Attachment #4 Agenda Report Page 164
Service Employees International Union Local 1021 City of Piedmont Public Works Unit, 7/1/20251-6/30/20295 Page 23
14.8 FUNERAL BENEFITS
A funeral benefit of $5,000 shall be provided by the City for death directly related to duty.
14.9 ALTERNATIVE COVERAGE
In the event that it may be possible to provide an alternative hospital/medical, life insurance or dental coverage providing comparable or superior benefits without additional cost to the City or the employees, the City may substitute or add alternate plans and or insurance carriers. The Union will be provided an opportunity to review and discuss with the City such proposed coverage prior to the implementation by the City.
14.10 EMPLOYEE ASSISTANCE PLAN
The City shall provide an employee assistance plan for bargaining unit employees at no cost to the employee.
SECTION 15 - UNIFORMS
The City shall provide each Public Works employee a budgeted allowance of $900.00 per fiscal year for the purchase of approved uniform items required by the City, and safety and/or rain boots. Each employee may select the uniform items which he/she requires. The uniform items shall be purchased by the City and provided to the employee.
It shall be the employee’s responsibility to launder the uniforms and the employee must wear the uniforms during working hours.
Reimbursement for the purchase of safety and/or rain boots shall be contingent upon the employee consulting with, and receiving prior approval from the Department Head as to the boot to be purchased. The purchase receipt shall also be required. Reimbursement shall be provided within ten (10) working days of the submission of the claim for reimbursement. An employee shall not receive uniforms and safety and/or rain boots reimbursement that exceeds a combined total of $900.00 per fiscal year.
The parties acknowledge that required City uniform items and safety and/or rain boots are not suitable for everyday wear outside working hours, and employees shall wear uniforms only while on duty and traveling to and from City work.
Attachment #4 Agenda Report Page 165
Service Employees International Union Local 1021 City of Piedmont Public Works Unit, 7/1/20251-6/30/20295 Page 24
SECTION 16- MISCELLANEOUS STAFFING PROVISIONS
16.1 LAYOFF
Prior to any announcement of layoff, the City shall contact the Union to discuss possible alternatives to layoffs which are mutually agreeable. An employee being laid off shall receive thirty (30) days notice prior to the imposition of his/her layoff. In the event of layoff, employees within the classified service job title affected by layoff shall be laid off in the following order: temporary, probationary, and regular. In the cases where there are two or more regular employees in the class from which the layoff is to be made, such employees shall be laid off in inverse order of seniority in City service.
A laid off employee shall have the right of recall to their former position for a period of one year following the layoff. Said employee must keep the City notified of his/her current address.
16.2 CONTRACTING OUT
The City shall notify the Union of its intent to contract out any bargaining unit work which would result in a reduction in force, where reduction in force is defined as layoff.
SECTION 17 – PROFESSIONAL DEVELOPMENT REIMBURSEMENT
The City shall reimburse an employee for tuition and books for courses of study at an approved and accredited college, junior college, or vocational trade school, in an off-duty status not to exceed One Thousand Five Hundred Dollars ($1,500.00) per fiscal year if the subject matter content of the course is related to the employee’s work assignment, promotional opportunities, transfer opportunities, or is a course required for the attainment of a degree or certificate program.
Additionally, the City encourages and supports staff to pursue professional development training in order to increase their job skills and knowledge for their current positions or advancement opportunities, during non-work hours. A variety of professional development activities can be reimbursed, such as fees for workshops, seminars, or adult school classes.
The employee must submit an application to his/her Department Head giving all information needed for an evaluation of the request. The Department Head shall recommend approval or disapproval and forward the request to the City Administrator whose decision shall be final. The employee’s application must have been approved prior to enrolling in the course in order for such employee to be assured of reimbursement. Upon completion of this course, the employee must submit to his/her Department Head a copy of the grade sheet indicating a passing grade, or the certificate indicating attendance, along with the appropriate receipts in order to be eligible for reimbursements.
SECTION 18- GRIEVANCE PROCEDURE
A grievance is defined as a dispute as to the interpretation or application of any provision of this Memorandum of Understanding.
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Service Employees International Union Local 1021 City of Piedmont Public Works Unit, 7/1/20251-6/30/20295 Page 25
Disciplinary Action as specified in the Personnel Rules shall not be subject to this grievance procedure nor shall any other interpretation or application of the Personnel Rules of the City be subject to this grievance procedure.
Any employee who has a dispute as to the interpretation or application of this Memorandum of Understanding shall discuss the dispute with his or her lowest level supervisor within ten (10) working days of the event giving rise to the grievance or within ten (10) working days of knowledge of the event. In the event the grievant is not satisfied with the decision, the grievant may proceed to the next level of supervision for settlement. In the event the grievant is not satisfied with the decision, the grievance shall be reduced to writing and filed with the employee’s Department Head for disposition. Upon request of the Union, the Department Head shall meet with the grievant and/or the Union representative to discuss the grievance. If within ten (10) working days the grievance has not been settled satisfactorily, the grievant may file such grievance with the City Administrator whose decision shall be final.
SECTION 19- SCOPE OF MEMORANDUM OF UNDERSTANDING
Except as otherwise specifically provided herein, this Memorandum of Understanding fully and completely incorporates the understanding of the parties hereto and constitutes the sole and entire understanding between the parties on any and all matters contained herein; provided, however, that nothing herein shall prohibit the parties from changing the terms of this Memorandum by mutual agreement. Any term and condition of employment not modified herein and not contrary to any rule or regulation as specified in the Personnel Rules of the City shall remain in full force and effect during the term of the Memorandum of Understanding.
Except as modified by this MOU, it is understood and agreed that the City retains all of its rights, power and authority to direct, manage, and control the city to the full extent of the law. The exercise of powers, rights, authority, duties and responsibilities by the City, 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 are in conformance with the law.
Any rights, powers, authority, and functions that the City possessed prior to the execution of this MOU are retained by the City except as specifically limited by this MOU.
This Memorandum of Understanding shall supersede all existing memoranda of understanding between the City and the Union.
SECTION 20- SAVINGS CLAUSE
If any provision of this Memorandum of Understanding shall be held invalid by operation of law or by any court of competent jurisdiction, or if compliance with or enforcement of any provision shall be restrained by any tribunal, the remainder of this Memorandum of Understanding shall not be affected thereby, and the parties shall enter into negotiation for the sole purpose of arriving at a mutually satisfactory replacement for such provision.
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Service Employees International Union Local 1021 City of Piedmont Public Works Unit, 7/1/20251-6/30/20295 Page 26
SECTION 21– LABOR/MANAGEMENT COMMITTEE
It is agreed that a Labor/Management Committee be established to review safety training in the City of Piedmont including meetings to ensure implementation of Confined Space and other requirements as set forth by Cal OSHA for job safety.
SECTION 22- ENACTMENT
It is agreed that the foregoing shall be jointly submitted to the City Council by the City Administrator and the Union for the City Council’s consideration and approval by resolution.
Upon such approval, this resolution shall supersede and control over conflicting or inconsistent City resolutions, regulations or policies.
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Service Employees International Union Local 1021 City of Piedmont Public Works Unit, 7/1/20251-6/30/20295 Page 27
SECTION 23- TERM OF MEMORANDUM OF UNDERSTANDING
Except as otherwise provided in specific sections, following approval by the City Council, this MOU shall be in full force and effect from July 1, 20251 through June 30, 20295.
Signed and entered into this ____________ day of __________________, 20251.
SERVICE EMPLOYEES INTERNATIONAL
UNION, LOCAL 1021 CITY OF PIEDMONT
By_________________________ By_____________________________ David Canham, Executive Staff Director Betsy Smegal Andersen, Mayor By_________________________ By_____________________________ Rafael Botello, SEIU Field Representative Rosanna Bayon Moore, City Administrator By_________________________ By_____________________________ Peter Masiak, East Bay Field Director Anna Brown, City Clerk By_________________________
Blake Huntsman, East Bay Field Supervisor
By___________________________
Raymund Haguisan
By___________________________
William HigginsCalvin Landes
Attachment #4 Agenda Report Page 169