Richmond City Council
December 16, 2025

December 2, 2025
Finance Department
DATE: December 2, 2025
TO: Mayor Martinez and Members of the City Council
FROM: Emily Combs, Director of Finance
Mubeen Qader, Deputy Director of Finance
Jerry Gurule, Accounting Manager
Vrenesia Ward, Senior Budget Analyst
Subject: Compliance with Developer Fees Reporting
Requirements of Sections 66006 and 66001 of the
Government Code
FINANCIAL IMPACT: Receipt of the annual year-end developer fee report has no financial impact on the City.

PREVIOUS COUNCIL
ACTION:

None.

STATEMENT OF THE
ISSUE:

Pursuant to Section 66006 of Government Code, every
local agency is required to make public a report at a
public meeting on collected developer fees within 180
days after the close of each fiscal year. Section 66001 of the Government Code requires every local agency to
spend or commit collected developer fees within five
years of collection. If fees remain unexpended or
uncommitted five years after collection, the local agency must make the finding that there remains a reasonable
relationship between the current need for the fees and
the purpose for which it was originally collected.

RECOMMENDED ACTION: RECEIVE the annual year-end developer fee report as required pursuant to Section 66006 of Government Code
– Finance Department (Emily Combs 510-620-6790).

AGENDA
REPORT
893

December 2, 2025
DISCUSSION:

On January 1, 1989, Assembly Bill (AB) 1600 went into effect. AB 1600 added Section 66000 et. seq. to the Government Code (Code) which added several requirements that local agencies must follow if they collect developer fees to pay for the cost of construction of public facilities or public services related to mitigating impacts caused by development projects.

Section 66006(b)(1) of the Code requires each local agency to make public a report on collected developer fees within 180 days after the closing of each fiscal year. The City has completed its year-end report (Attachment 1). The report includes a brief description of the fee type in the fund, the amount of the fee, beginning and ending balances of each fund, and any interest earned. Section 66006(b)(2) of the Code requires each local agency to review its year-end report at a public meeting. Receipt of the year-end report at this meeting is the required public meeting.

Each local agency is also required pursuant to Section 66001 of the Code to spend or commit collected developer fees within five years of collection. If fees remain unexpended or uncommitted five years after collection, the local agency must make a finding that there remains a reasonable relationship between the current need for the fees and the purpose for which it was originally collected to continue use of such funds for projects. All relevant fees are committed and/or are not approaching the five-year limit. Therefore, no resolution is required as part of this annual report.

Through the General Plan and fee studies, the City established the required nexus between development, improvements, and services necessary to mitigate the effects of development, and approved fees to fund the mitigation measures. The funds for which fees are collected are as follows:

Fund Number Fund Description
2110 Park Land Dedication
2111 Traffic
2113 Fire
2114 Police
2115 Community Center Aquatic
2116 Parks/Open Space
2117 Library
2118 Hilltop
2119 Storm Drainage
2120 Wastewater
The City uses Uniform Building Code (UBC) regulations to factor fee amounts for developer fees that the City collects. Public facilities fees pay for major infrastructure improvements and public services reasonably related to new development. Examples are off-site roads, traffic signals, parks, recreation facilities, fire facilities and services, and police facilities and services. The City’s Master Fee Schedule, which includes developer impact fees, is available at the City’s website as follows:
894

December 2, 2025
The adopted Master Fee Schedule (updated June 2025) details fees for each of the following categories:
 Residential single-family development per dwelling unit  Residential multi-family development, per dwelling unit  Commercial development per 1,000 square feet
 Office development per 1,000 square feet
 Industrial development per 1,000 square feet
 Warehousing space per 1,000 square feet
In each of the above-stated categories, the following developer impact fees are specified:
 Park/open space
 Sewer
 Traffic
 Community/aquatic centers
 Storm drainage
 Library
 Police facilities
 Fire facilities
 Subregional Transportation Mitigation Fee Program1
Government Code Requirements
There are generally eight requirements regarding fees that the local agency must adhere to pursuant to the Code.

1. Create separate capital facilities funds for each improvement funded with impact fees (Section 66006(a)).

2. Remit all interest income earned by the fees to the same fund. Interest income must be spent solely on the purpose for which the fees were collected (Section 66006(a)).

3. Prepare a public report concerning each impact fee fund within 180 days after the close of each fiscal year. Such report must include the: fund’s beginning and ending balance for the fiscal year, amount of fees and interest deposited into the fund each year, and the description for each expenditure from the fund for that year, including identification of the improvement being funded (Section 66006(b)).

1 The Subregional Transportation Mitigation Fee Program (STMP) applies specifically to the following land use types: single-family residential, multi-family residential, senior housing, hotel, retail, office, industrial, storage facility, church, and hospital categories.
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December 2, 2025

4. Review the report at a public meeting not less than 15 days after the report is released to the public (Section 66006(b)).

5. If fees remain unexpended or uncommitted five years after being collected, the local agency is to return the funds to the developer or make a finding that there remains a reasonable relationship between the current need for the fees and the purposes for which they were originally collected (Section 66001(d)).

6. Refund any fees with accrued interest to current owner of the lots, units or developed project for which continued need cannot be demonstrated (Section 66001(e)).

7. A local agency must not commingle fees with any other revenue, except for temporary investment purposes (Section 66006(a)).

8. A local agency may not spend impact fees for maintenance or operation of improvements funded with impact fees (Section 65913.8).

Annual Report FY 2024-25
The annual report (Attachment 1) shows revenues, expenditures, and the beginning and ending fund balance for each fund. As shown in the annual report, the City is in full compliance with all eight requirements listed above.

The Subregional Transportation Mitigation Fee Program (STMP) fund is administered by the West Contra Costa Transportation Advisory Committee (WCCTAC). The STMP fund is included in the annual report pursuant to Section 15.12.040(L) of the Richmond Municipal Code, which provides that the STMP fee be reported on in the City’s annual report. STMP funds are only available for City projects pursuant to the 2006 Master Cooperative Agreement between the Contra Costa Transportation Authority and the Cities of El Cerrito, Hercules, Pinole, Richmond, San Pablo, County of Contra Costa and WCCTAC; STMP fees are not administered by the City.

DOCUMENTS ATTACHED:

Attachment 1 – Impact Fees FY 2024-25 Revenue and Expenditures Report 896
Attachment 1 - Impact Fees FY 2024-25 Revenue and Expenditures Report Cost
Community Recovery
Park Land Center Park/Open Planning &
Dedication Traffic Fire Police Aquatic Space Library Hilltop Storm Drain Wastewater Building1 Fund Number 2110 2111 2113 2114 2115 2116 2117 2118 2119 2120 1050

REVENUES
Fees 31,344 155,408 77,948 25,568 122,380 457,801 126,996 36,031 16,542 478,792 Use of money and property 8,863 81,518 3,728 32,100 34,921 168,498 89,967 1,530 52,180 114,824 TOTAL REVENUES 40,207 236,926 81,676 57,669 157,301 626,300 216,963 1,530 88,211 131,367 478,792

EXPENDITURES
Pt. Molate Trail Beach Stabilization 26,768
Heavy Duty Service Door 15,079
Graphic Flatbed Scanner 1,316
Microfiche and Microfilm Equipment, and
Accessories
9,095
Multipurpose Van for the Library 58,629
Co-Generation Project 3,078
Transfer-Out 3% Admin Fee to Planning 940 4,662 2,338 767 3,671 13,734 3,810 1,081 496 West Contra Costa Transportation Advisory
Committee (WCCTAC), pass-through 478,792
TOTAL EXPENDITURES 940 4,662 2,338 767 3,671 40,502 87,929 - 1,081 3,574 478,792

EXCESS (DEFICIENCY) OF REVENUES OVER
EXP
39,267 232,264 79,337 56,902 153,629 585,797 129,034 1,530 87,130 127,793 - NET CHANGE IN FUND BALANCES 39,267 232,264 79,337 56,902 153,629 585,797 129,034 1,530 87,130 127,793 - FUND BALANCES (DEFICITS), JULY 1, 2024 177,006 1,712,749 44,528 696,101 713,724 3,489,369 1,947,950 33,865 1,130,966 2,021,698 - FUND BALANCES (DEFICITS), JUNE 30, 2025 216,273 1,945,013 123,866 753,003 867,353 4,075,166 2,076,984 35,395 1,218,095 2,071,669 - 1 In FY 2024-25, the City collected and remitted pass-thru funding of $478,791.92 to West County Subregional Transportation Mitigation Program (STMP) which is managed and disbursed by West Contra Costa Transportation Advisory Committee (WCCTAC). 8971

December 16, 2025
Human Resources
DATE: December 16, 2025
TO: Mayor Martinez and Members of the City Council
FROM: Nickie Mastay, Deputy City Manager – Internal Services Sharrone Taylor, Director of Human Resources
Subject: Memorandum of Understanding between SEIU Local 1021 General Employees Unit and the City of Richmond
FINANCIAL IMPACT: The estimated fiscal impact of the Memorandum of Understanding (MOU) for the Service Employees
International Union (SEIU) Local 1021 General
Employees for Fiscal Year 2025-26 is $2,298,180; Fiscal Year 2026-27 is $2,602,536; Fiscal Year 2027-28 is
$2,718,625 (Terms of agreement are July 1, 2025,
through June 30, 2028).

PREVIOUS COUNCIL
ACTION:

None.

STATEMENT OF THE
ISSUE:

The City’s Memorandum of Understanding (MOU) with
the Service Employees International Union (SEIU) Local
1021 Bargaining Unit expired on June 30, 2025. SEIU
Local 1021 and the City have met and conferred in good
faith regarding a new MOU. On November 18, 2025, the
parties reached a Tentative Agreement which established a new MOU effective July 1, 2025, through June 30,
2028. The agreement has been ratified by the members
of SEIU Local 1021 General Employees. This agreement
is subject to final approval by the City Council.

AGENDA
REPORT
898

December 16, 2025
RECOMMENDED ACTION: ADOPT a resolution to APPROVE a successor Memorandum of Understanding (MOU) between the City
of Richmond and Service Employees International Union
(SEIU) Local 1021 General Employees for the term of
July 1, 2025, through June 30,2028, and DIRECT the city manager or their designee to update the publicly
available salary schedule with the adopted wage
increases during the term of the MOU – Human
Resources Department (Nickie Mastay/Sharrone Taylor
510-620-6602).

DISCUSSION:

The Memorandum of Understanding (MOU) between the City of Richmond and SEIU Local 1021 General Employees Bargaining Unit (“SEIU Local 1021”) expired on June 30, 2025. In April of 2025, City representatives and SEIU Local 1021 representatives began bargaining for a new Memorandum of Understanding (MOU). The City and SEIU Local 1021 met on multiple occasions in 2025 and reached a Tentative Agreement (TA) on November 18, 2025, to establish a new MOU, effective July 1, 2025, through June 30, 2028. Members of SEIU Local 1021 ratified the TA on December 2, 2025. The major components are delineated below.
 MOU Effective Dates: July 1, 2025, through June 30, 2028  Salary Adjustments:
o 5% base wage increase effective the pay period including July 1, 2025 o 5% base wage increase effective the pay period including July 1, 2026 o 5% base wage increase effective the pay period including July 1, 2027  Longevity Pay (new): Effective the first full pay period after Council approves this MOU, employees shall receive longevity pay as follows:
o 1% of base pay upon completion of 10 years of permanent service at the City o An additional 2% (total of 3%) upon completion of 15 years of permanent service at the City
o An additional 2% (total of 5%) upon completion of 20 years of permanent service at the City
 Professional Development: Increase of $500 to a total of $1,250 per fiscal year.  Incorporates existing side letters granting Cesar Chavez and Juneteenth as holidays and increasing parental leave to four total weeks.  Various language changes in areas such as holidays, grievances, discipline, etc.

SEIU Local 1021 and the City negotiated in good faith to establish new terms and conditions of employment that would be effective following the expiration of the SEIU Local 1021 prior MOU. Exhibit A – Memorandum of Understanding of Attachment 1 – Resolution details the new terms and conditions of employment that will be effective July 1, 2025, through June 30, 2028.
899

December 16, 2025
RECOMMENDATION:

The Human Resources Department requests that the City Council adopt the resolution approving a successor MOU between the City of Richmond and SEIU Local 1021 General Employees with effective dates of July 1, 2025, through June 30, 2028. City staff further recommend that the City Council direct the City Manager or designee to update the publicly available salary schedule with the adopted wage increases during the term of the MOU.

DOCUMENTS ATTACHED:

Attachment 1 – Resolution
Attachment 2 – Resolution Exhibit A – Memorandum of Understanding 900
RESOLUTION NO. ________

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RICHMOND

APPROVING A MEMORANDUM OF UNDERSTANDING WITH THE CITY OF

RICHMOND AND SERVICE EMPLOYEES INTERNATIONAL UNION (SEIU) LOCAL 1021 GENERAL EMPLOYEES BARGAINING UNIT
WHEREAS, the General Employees Bargaining Unit is represented by Service Employees International Union (SEIU) Local 1021; and
WHEREAS, the City and SEIU Local 1021 are required under the Meyers-MiliasBrown Act to meet and confer in good faith regarding wages, hours, and other terms and conditions of employment; and
WHEREAS, the City and SEIU Local 1021, having met and conferred in good faith reached a total tentative agreement on a successor collective bargaining agreement for the General Employees; and
WHEREAS, the successor collective bargaining agreement has been ratified by the membership of SEIU Local 1021 and the City Council is required to adopt the successor collective bargaining agreement.

NOW, THEREFORE, BE IT RESOLVED, by the Council of the City of Richmond adopts the collective bargaining agreement set forth in Exhibit A between the City of Richmond and the General Employees Bargaining Unit represented by SEIU Local 1021 and directs the City Manager or designee to update the publicly available salary schedule with the adopted wage increases during the term of the collective bargaining agreement. *****************************
901
I certify that the foregoing resolution was passed and adopted by the City Council of the City of Richmond at a _________ meeting held on _____________ by the following vote:

AYES:

NOES:

ABSTENTIONS:

ABSENT:
________________________________________
Clerk of the City of Richmond
(SEAL)
Approved:
________________________________
Mayor
Approved as to form:
____________________________
City Attorney
902

MEMORANDUM OF UNDERSTANDING
between
The City of Richmond, California
and
The General Employees Bargaining Unit
Service Employees International Union (SEIU),
Local 1021
July 1, 2025 – June 30, 2028
903
Table of Contents
PREAMBLE ................................................................................................................................... 1 ARTICLE I – GENERAL PROVISIONS ...................................................................................... 1 I A. DISCRIMINATION PROHIBITED ...................................................................... 1 I B. MUTUAL RIGHTS AND RESPONSIBILITIES .................................................. 2 I C. RECOGNITION ..................................................................................................... 2 I D. DUES DEDUCTION.............................................................................................. 2 I E. UNION RIGHTS .................................................................................................... 3 ARTICLE II DIRECT PAY FOR SERVICES............................................................................... 7 II A. SALARY................................................................................................................. 7 II B. ACTING PAY ........................................................................................................ 7 II C. OVERTIME AND COMPENSATION FOR OVERTIME ................................... 7 II D. SHIFT DIFFERENTIAL ........................................................................................ 8 II E. BILINGUAL PAY.................................................................................................. 9 II F. TRAINING DIFFERENTIAL................................................................................ 9 II G. LOCKSMITH DIFFERENTIAL............................................................................ 9 II H. HAZARDOUS DUTY PAY DIFFERENTIAL...................................................... 9 II I. STANDBY PAY................................................................................................... 10 II J. LONGEVITY PAY .............................................................................................. 10 II K. PROMOTION - EFFECT ON RATE OF COMPENSATION ............................ 11 II L. EFFECT OF CERTAIN PERSONNEL ACTIONS UPON SALARIES ............. 11 II M. ELIGIBILITY FOR SALARY ADVANCEMENT ............................................. 11 II N. PERFORMANCE EVALUATIONS.................................................................... 11 II O. DEMOTION ......................................................................................................... 12 ARTICLE III - INDIRECT PAY AND ALLOWANCES ........................................................... 12 III A. INSURANCE........................................................................................................ 12 III B. LEAVES ............................................................................................................... 18 III C. HOLIDAYS .......................................................................................................... 27 III D. ALLOWANCES................................................................................................... 29 III E. PART-TIME PROVISIONS................................................................................. 31 III F. RETIREMENT ..................................................................................................... 32 ARTICLE IV - WORKING CONDITIONS ................................................................................ 32 IV a. HOURS OF WORK, MEAL PERIODS AND REST PERIODS......................... 32 IV B. SHIFT CHANGES................................................................................................ 34 IV C. SAFETY COMMITTEE....................................................................................... 34 IV D. MEETINGS WITH SUPERVISORS ................................................................... 34 IV E. EMPLOYEE ASSISTANCE PROGRAM ........................................................... 34 IV F. OCCUPATIONAL HEALTH, SAFETY AND WELLNESS PROGRAMS....... 35 ARTICLE V - PERSONNEL PROVISIONS............................................................................... 36 V A. LAYOFF............................................................................................................... 36 V B. PROBATIONARY PERIOD................................................................................ 37 V C. REINSTATEMENT ............................................................................................. 38 V D. RESIGNATION.................................................................................................... 38 V E. SEVERANCE PAY.............................................................................................. 39 V F. REASSIGNMENT................................................................................................ 39 V G. TRANSFER.......................................................................................................... 39 904
1 V H. ORAL INTERVIEWS - UNION OBSERVER.................................................... 40 V I. PAY DAYS........................................................................................................... 40 V J. SEWER MAINTENANCE TITLES .................................................................... 40 V K. ACTION FORMS................................................................................................. 40 V L. PERSONNEL FILES............................................................................................ 40 V M. EXAMINATION ANNOUNCEMENTS ............................................................. 40 V N. NEPOTISM........................................................................................................... 41 V O. UTILIZING THE LEAP PROGRAM.................................................................. 41 V P. FLEXIBLY STAFFED POSITIONS ................................................................... 42 ARTICLE VI - GRIEVANCE AND APPEAL ............................................................................ 42 VI A. GRIEVANCE DEFINITION AND PROCEDURE ............................................. 42 VI B. DISCIPLINE......................................................................................................... 44 ARTICLE VII - RESOLUTION................................................................................................... 46 VII A. TERM OF AGREEMENT.................................................................................... 46 VII B. CONTRACTING OUT/TEMPORARY EMPLOYEES ...................................... 46 VII C. AGREEMENTS FURNISHED ............................................................................ 47 VII D. CONTINUATION OF BENEFITS ...................................................................... 47 VII E. FULL UNDERSTANDING ................................................................................. 47 VII F. SEVERABILITY OF PROVISIONS ................................................................... 47 VII G. RETROACTIVITY............................................................................................... 48 VII H. NO STRIKE/NO LOCKOUT PROVISION ........................................................ 48 VII I. UNION BUG ........................................................................................................ 48 VII J. LABOR/MANAGEMENT ORGANIZATIONAL DISCUSSIONS ................... 48 ATTACHMENT A – CLASSIFICATIONS ................................................................................ 50 ATTACHMENT B – DEFINITIONS .......................................................................................... 53 ATTACHMENT C – WEINGARTEN RIGHTS ......................................................................... 55 ATTACHMENT D – BUILDING INSPECTORS’ CERTIFICATIONS.................................... 56 ATTACHMENT E – SAFETY SHOE REIMBURSMENT CLASSIFCATION LISTING........ 57 ADDENDUM TO THE MOU CIVILIAN PROBATIONARY REVIEW BOARD................. 58

ADDENDUM TO THE MOU CITYWIDE SERVICE QUALITY COMMITTEE SIDE LETTER ........................................................................................................................................... 60 905
1 MEMORANDUM OF UNDERSTANDING
between

THE CITY OF RICHMOND, CALIFORNIA
and

GENERAL EMPLOYEE BARGAINING UNIT
SERVICE EMPLOYEES INTERNATIONAL UNION LOCAL 1021
July 1, 2025 – June 30, 2028

PREAMBLE
This AGREEMENT (hereinafter “Agreement”) entered into by the City of Richmond (hereinafter “City”) and Service Employees International Union Local 1021, AFL-CIO, (hereinafter “Union”) has as its purpose the harmonious labor relations between the City and the Union; establishment of an equitable and peaceful procedure for the resolutions of differences; and the establishment of rates of pay, hours of work, and other conditions of employment.

Representatives of the City and the Union have met and conferred regarding wages, hours, and other terms and conditions of employment, have exchanged proposals and have endeavored to reach agreement on matters relating to the employment conditions and employer-employee relations of such employees.

The legal relationship between the City and the Union is governed by the Meyers-Milias-Brown Act (California Government Code sections 3500, et seq.), the City’s Charter, the City’s EmployerEmployee Relations Resolution, the City’s Personnel Rules, and this Agreement. Whenever this Agreement contains a provision relating to a subject matter which is also referred to in the Employer-Employee Relations Resolution, Personnel Rules or any other City ordinance, policy or regulations, the provisions of this Agreement shall prevail.

The term “Agreement” as used herein means the written agreement provided under Government Code Section 3505.1.

ARTICLE I – GENERAL PROVISIONS
I A. DISCRIMINATION PROHIBITED
There will be no discrimination against any employee because of race, color, age, physical or mental disability, religion, creed, sex, sexual orientation, national origin, lawful activities on behalf of the Union, lawful social activities not affecting or related to work performance, or for any other reason prohibited by law. Filing a discrimination, harassment or retaliation complaint containing one or more of the same allegations with state and/or federal agencies shall terminate any grievance 906
SEIU Local 1021
2025-2028 Memorandum of Understanding
2 process provided for in this Memorandum of Understanding.

I B. MUTUAL RIGHTS AND RESPONSIBILITIES
The City of Richmond and Service Employees International Union Local 1021 agree that both have obligations and responsibilities to see that the statutory and budgetary objectives of the City of Richmond are attained and that the public receives services as programmed in an effective and efficient manner.

The City of Richmond has the duty to execute the traditional responsibilities of management including the determination of the level of and the manner in which City activities are conducted, managed, and administered and to maintain rules and procedures for the administration of the City to attain these goals. Nothing in this Agreement shall be construed to restrict any legal or inherent exclusive City rights, subject to the City’s obligations under the MMBA including but not limited to the obligation to negotiate impacts within the scope of representation. These City rights include among others, the exclusive right to: determine the mission of its constituent departments, commissions and boards; set standards of service; determine the procedures and standards of selection for employment; direct its employees; relieve its employees from duty because of lack of work or for other good reason; and maintain the efficiency of governmental operations; determine the methods, means and personnel by which government operations are to be conducted; take all necessary actions to carry out its mission in emergencies; and exercise complete control and discretion over its operations and the technology and methods of performing its work.

The Union recognizes management's responsibilities and rights in this regard. The City, in turn, recognizes its responsibility to treat employees fairly and equitably and to meet and confer with the Union over changes affecting terms and conditions of employment.

I C. RECOGNITION
Service Employees International Union Local 1021, AFL-CIO, is the recognized employee organization for the General Employees Bargaining Unit and has concluded this Memorandum of Understanding through its authorized representatives. The employee classifications in such bargaining unit are set forth in the Recognition section of this Memorandum of Understanding and the Service Employees International Union Local 1021, AFL-CIO, hereinafter referred to as “the Union,” is recognized as the exclusive representative of employees assigned to such classifications.

I D. DUES DEDUCTION

1. An employee may at any time execute a payroll deduction authorization form or forms (“Deduction Authorization Form”) (including any Union dues, fees, or other deductions as permitted by law) furnished by the Union.

2. The Union shall be the custodian of records such as Deduction Authorization Forms and will provide the City with a certification that it has and will maintain a Deduction Authorization Form, signed by each individual from whose salary or wages the deduction is to be made (“Certification”). The Union shall not be required to provide the City a copy of the member’s Deduction Authorization Form unless a dispute arises about the existence 907
SEIU Local 1021
2025-2028 Memorandum of Understanding
3 or terms of the Deduction Authorization Form. However, the Certification will contain sufficient information to allow the City to identify the appropriate level of deductions for each employee.

3. Deductions in effect as of June 30, 2021 will remain in effect unless modified or revoked pursuant to this section. The City shall begin deductions in the amount prescribed by the Union in the next full payroll period after receipt of written Certification from the Union.

Dues deductions shall not be retroactive. The City shall transmit such payments to the Union no later than thirty (30) days after the deduction from the member’s earnings occurs.

4. Member requests to change or cancel deductions must be made to the Union and not to the City. The City shall not resolve disputes between the Union and represented employees concerning Union Membership or deductions. The City shall direct member requests to cancel or change deductions to the Union and shall rely on information provided by the Union regarding whether deductions for a member were properly canceled or changed. The City will cease deductions at the end of the pay period following notification from the Union to the City to cease deduction of Union Dues and/or COPE deduction, or a later date as specified by the Union (to coincide with the end of a pay period).

5. The employee’s earnings must be sufficient after all other legal and required deductions and any employee voluntary deductions are made to cover the amount of the Union Dues and COPE deduction. When the employee’s earnings are insufficient (whether the employee was in a full, partial or unpaid status), no Union Dues or COPE deduction will be deducted during that pay period.

6. The Union shall indemnify and save harmless the City, its officers, employees and agents from and against any and all loss, damages, costs, expenses, claims, attorney's fees, demands, actions, suits and judgments and other proceedings arising out of any collection of said Union Dues. If the Union provides legal representation to the City in such a proceeding it shall not be responsible for additional attorney fees voluntarily incurred by the City.

7. The City shall distribute the Union-furnished Deduction Authorization Forms to new unit members. Each pay period, the City shall provide the Union with a list of newly hired unit members.

8. In order to protect bargaining unit employees from harassment or invasion of privacy, the City shall promptly notify the Union of any third-party requests for contact, biographical and/or demographic information about the bargaining unit employees. The City shall promptly provide the Union a copy of the request and any materials submitted with the request.

I E. UNION RIGHTS

1. Stewards: The Union may designate at least one employee within each area or department as its steward for the purpose of assisting other union members in the resolution of grievances arising over the interpretation of the terms of this Memorandum of 908
SEIU Local 1021
2025-2028 Memorandum of Understanding
4 Understanding and/or rules, policies, and ordinances regulating wages, hours and working conditions.

The Union shall annually, in January, provide a list of stewards to the Director of Human Resources. The Union shall inform the Director of Human Resources in writing of any additions or deletions of individual stewards within thirty (30) days of such a change.

2. Officers’ and Stewards’ Release Time: The City shall afford said officers (up to 3) and stewards reasonable time off during working hours without loss of compensation or other benefits when meeting with city representatives regarding grievances arising over the interpretation of rules, policies and ordinances regulating wages, hours and working conditions; provided, however, that said time is scheduled in advance with the supervisor so as not to unduly interfere with work load and job requirements as determined by the department head or division head.

The City shall allow designated officers (up to 3) and stewards one hour of paid time off to attend the Union’s Monthly Stewards Meeting. The Union shall provide the City’s Human Resources Director with a list of designated stewards and an annual list of scheduled Monthly Stewards Meetings.

During negotiations for a successor to this Memorandum of Understanding, the Union may designate up to 8 persons from the bargaining unit to meet and confer with the City’s representatives.

During meetings with management (including Skelly meetings) regarding potential employee discipline, the Union may designate up to two stewards or officers in addition to professional union staff to attend, not to exceed three representatives.

General Membership meetings do not occur during working hours. Employees do not receive paid release time to attend, travel to or prepare for general membership meetings.

However, employees who have a thirty (30) minute lunch may use up to sixty (60) minutes of accrued vacation leave to attend and/or travel to General Membership meetings.

Employees who have a sixty (60) minute lunch may use up to thirty (30) minutes of accrued vacation leave to attend and/or travel to General Membership meetings. An employee must obtain prior approval to use accrued vacation leave as provided in Article III(B)(8).

During each calendar year, the Union shall be entitled to eighteen (18) hours of release time for Union Officers, Stewards, or designated Union members (the Union must provide a list to Human Resources delineating who the designated Union members are no later than January 1 of each year), to work on Union-related business. The Union is entitled to a total of eighteen (18) hours to be shared amongst all the Union Officers, Stewards, and designated Union members. In other words, each Union Officer or Steward does not receive eighteen (18) hours. The Union cannot request more than three (3) hours of release time a month, and no more than two (2) Union Officers or Stewards can be released at any given time. For example, for the month of June, the Union can request that the Union President and the Chief Steward meet for an hour to work on Union-related business. With such a request, the Union has three (3) hours of their eighteen (18) hour bank for the calendar year and cannot request any additional release time under this provision for the 909
SEIU Local 1021
2025-2028 Memorandum of Understanding
5 month of June. If this was the only release time request by the Union under this provision for the calendar year, then the Union would have fifteen (15) hours of release time remaining in the calendar year. Time used for officers or stewards used for representation is not included as hours used in this provision.

In addition, the request for release time cannot result in overtime, either for the person requesting the release time, or for any back-fill of the position of the person requesting the release time.

All requests for release time under this provision must be made to the Human Resources Director or their designee, no less than three (3) business days prior to the day the release time is requested for. If the request cannot be accommodated due to a work conflict involving the person the release time was requested for, the Union and the impacted employee will be notified as soon as possible, no less than one (1) business day prior to the request for the release time.

The Human Resources Department will track the eighteen (18) hours allotted for this release time and will notify the Union when they have reached their eighteen (18) hour limit in a calendar year.

3. Bulletin Boards: The City agrees to designate bulletin board space on existing bulletin boards for the sole use of the Union. The parties agree to mutually explore and review such areas where insufficient bulletin boards exist and the City shall install same.

4. Names and Classes of Represented Employees: Within thirty (30) days of hire, promotion or separation, the City shall provide the Union with a list of all newly hired, promoted or separated employees covered by this Agreement and once each quarter (July, October, January, April) thereafter during the term of this Agreement. Such lists, culled from the City’s payroll system, shall include the employee’s:
• Name
• Date of hire, promotion or separation
• Home address
• Home and/or mobile telephone number, to the extent the City has that information • Personal email address, to the extent the City has that information • Work department
• Classification
• Work phone number
• Work email address

5. New Employee Orientations:

5.1 The City agrees that each newly hired employee, within the first thirty (30) days of employment, shall participate in an in-person orientation meeting as part of the New Employee Orientation.
910
SEIU Local 1021
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6 5.2 Union Representatives shall be provided an opportunity to present to employees at the New Employee Orientation, for thirty (30) minutes. Employees will not suffer a loss in compensation for such time when the Union is presenting to the employee.

The City shall grant release time for up to two (2) Union Representatives, which shall include reasonable time for travel and set up, without loss of compensation to present at the New Employee Orientation. The Union shall provide the name(s) of the Union Representative(s) who are requested for release time for the Union’s presentation at New Employee Orientation to the City at least forty-eight (48) hours prior to the scheduled New Employee Orientation.

Union Representatives are a Union staff member, the Union’s elected chapter officers, and the Shop Stewards.

5.3 A newly hired employee who does not attend the New Employee Orientation will be scheduled for a subsequent New Employee Orientation. To the extent such employees for any reason do not attend, within thirty (30) days of beginning work, the Union shall have the option for a Union Representative to schedule a thirty (30) minute presentation on paid City time with the employee.

5.4 The City shall advise the Union of the dates and times at which the Union Representative(s) can present to employees covered by this Agreement. Such notice shall be provided at the earliest opportunity but no later than ten (10) days before the scheduled orientation. The City shall email the Union at least forty-eight (48) hours in advance of the New Employee Orientation a list of expected participants represented under this Agreement. Individuals not on the list and who show up for New Employee Orientation may be denied entrance by Human Resources to that particular New Employee Orientation meeting.

5.5 The Union agrees to stay within its designated time period and will not cause a delay to the New Employee Orientation agenda. For example, if the Union Representative(s) are scheduled to present from 9:00 a.m. – 9:30 a.m., and they arrive at 9:20 a.m., the Union Representatives shall have from 9:20 a.m. – 9:30 a.m. to present. If the Union Representative(s) arrive at 9:35 a.m., they have waived their opportunity to present to the group and no additional time or rescheduling will be afforded. However, if the Union Representative(s) are unable to make the scheduled time, the City agrees to make Union-provided information available to newly hired employees, as long as no information pertaining to either local or partisan elections is included in the Unionprovided information.

5.6 The City will provide the Union an environment for the Union’s presentation that is reasonably free from distractions. If multiple unions attend the New Employee Orientation, each union will meet with employees of the bargaining groups at the same time. Separate meeting rooms may be provided but are not guaranteed; however, groups will be divided into “break-out” sessions in the room and/or close proximity to the room schedule for New Employee Orientation.

5.7 The City will not observe or disturb the Union presentation. 911
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7 5.8 The Union will not disparage the City and/or its governing board(s) [e.g., City Council, Richmond Housing Authority], its supervisors or management during New Employee Orientations.

ARTICLE II DIRECT PAY FOR SERVICES
II A. SALARY
The salary schedule for classifications represented in the bargaining unit is attached to this MOU as Attachment “A.”

1. Effective the pay period including July 1, 2025, the City shall increase the monthly pay rate listed in Attachment A by 5.0% of the monthly pay rate in effect before such increase takes effect.

2. Effective the pay period including July 1, 2026, the City shall increase the monthly pay rate listed in Attachment A by 5.0% of the monthly pay rate in effect before such increase takes effect.

3. Effective the pay period including July 1, 2027, the City shall increase the monthly pay rate listed in Attachment A by 5.0% of the monthly pay rate in effect before such increase takes effect.

II B. ACTING PAY

1. Each employee who is assigned to work in a position in a higher classification and who assumes the responsibilities and performs substantially all of the day-to-day duties of the position shall receive for each day of service in such class that step in the range allocated to the higher class which provides at least a five percent increase (5%) above their present salary rate, not to exceed the top step of the higher class, provided that the department head, with the approval of the City Manager, has so assigned the employee utilizing a Personnel Action Form. An employee so assigned must assume all or substantially all of the duties and responsibilities of the higher paid classification. An employee flexibly staffed within the employee’s job classification series does not earn acting pay.

2. Should any member so assigned and working in a higher classification incur an injury or illness which involves lost time during such assignment, he or she shall revert immediately to the regular classification and shall not receive acting pay for any time not actually worked; provided, however, that a member so assigned and working who incurs an industrial injury or illness shall be paid at the rate due the higher classification for time lost during the remainder of the period of the specified assignment only.

II C. OVERTIME AND COMPENSATION FOR OVERTIME

1. Rate of Compensation for Overtime Worked. Each employee in the classified service (clerical, professional, or blue collar) who is required to work, during any one calendar week, in excess of either their normally scheduled workday or work week shall be 912
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8 compensated either by cash at the rate of one and one-half (1 1/2) times the amount of time worked as overtime, or by compensatory time off at the rate of one and one-half (1 1/2) times the amount of time worked as overtime, except where federal legislation regarding overtime compensation may preclude the exercise of this option.

2. Factors Which Govern Compensation for Overtime Worked. Each employee who has earned overtime compensation shall have the right to request either cash payment or compensatory time off. Employees will be allowed to accumulate up to one hundred (100) hours of compensatory overtime. All accumulated overtime shall be taken upon the approval of the department head.

3. Effect of Termination on Overtime. Each employee who resigns or is otherwise terminated shall be entitled to compensation for their accumulated overtime of record.

4. Approval. All overtime work shall be subject to prior approval of the City Manager or their designee.

5. Call Back Time. An employee physically called back to work shall be credited with a minimum amount of three hours’ time at the overtime rate. "Call back" generally shall be based upon either a proper request by an authorized person (an authorized person may include: a communications dispatcher or supervisor) to an employee prior to the time that employee normally would leave home for reporting to duty on that workday, or a proper request to an employee after that employee has completed the normally assigned duty hours of that workday and has left their job with the anticipation of being off duty until the next workday. These call back provisions shall apply to mandatory meetings convened on an employee’s scheduled day off. Time which is worked as overtime within the provisions of this section, and which exceeds the three hours shall be compensated under the general overtime provisions. Call back time shall not be credited to any employee for time worked during the normal workday for that employee.

Whenever feasible, call back will first be offered to an employee in the classification and the unit that normally provides the work for which a call back is necessary. For example, if it is necessary to call back an employee to address an issue occurring within the purview of the impacted Department and/or division, attempts will be made to contact an employee from the impacted Department and/or division, within the classification required to perform the necessary work. If an employee from the impacted Department and/or division cannot be reached, then employees in the classification required to perform the necessary work will be contacted from other divisions in the City.

6. Certain Exceptions and Exclusions. Each employee who works under a seasonal, limited term, part-time or intermittent appointment shall be excluded from these provisions until the total hours actually worked by such employee in a calendar week exceeds the full work week as herein defined.

II D. SHIFT DIFFERENTIAL

1. An employee who is regularly assigned to work five (5) or more hours between the hours of 4 p.m. and 12 midnight (evening shift) shall receive an additional five percent (5%) 913
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9 above their individual salary rate. An employee who is assigned to work five (5) or more hours between the hours of 12 midnight and 8 a.m. (night shift) shall receive an additional seven and one-half percent (7-1/2%) above their individual salary rate.

2. Library employees and Recreation Program Coordinators who are assigned to work between the hours of 5 P.M. and 9 P.M., shall receive additional compensation of eighty cents ($.80) each hour.

Employees working rotating shifts (defined as shifts where an employee is required to change from days, swing, and graveyard on a regular basis, but not when such changes occur less frequently than once each 6 months) shall receive in addition to their regular compensation 7 1/2% when working graveyard, 5% when working swing, or 2 1/2% when working days. Shift work for bargaining unit members not in the Police Department will generally be assigned for a six-month period.

3. Payment of these differentials shall be for evening or night shifts actually worked except that an employee regularly assigned to an evening, or night or rotating shift shall continue to receive the pay differential during paid leave to the extent required by law.

II E. BILINGUAL PAY
Positions certified by the Human Resources Department as bilingual shall receive 2% additional compensation. The City agrees to add sign language to the languages eligible for bilingual compensation.

II F. TRAINING DIFFERENTIAL
Communication Dispatchers II, Code Enforcement Officers II, and Jailers shall receive a 5% differential above their base pay when assigned to formal training duties in accordance with the Police Department's training program for new Dispatchers, Code Enforcement Officers, and Jailers. Additionally, effective February 1, 2007, Communications Dispatchers II will receive two (2) hours of overtime per week during the time period they are assigned to formal training duties to facilitate the completion of the daily and bi-observation reports.

II G. LOCKSMITH DIFFERENTIAL
Effective April 1, 2018 (pursuant to agreement by the parties), employees in the Public Works Department shall be eligible to receive a Locksmith Pay Differential of 7% over their regular base pay when assigned to specific duties as defined below:

Managing the City’s Key Control Policy, servicing and repairing locks for City facilities, maintaining our panic devices, and other duties related to locksmithing. Employees that receive this differential must be registered as a Certified Locksmith and be assigned as such by the Facilities Maintenance Superintendent.

II H. HAZARDOUS DUTY PAY DIFFERENTIAL
Effective April 1, 2018 (pursuant to agreement by the parties), employees in the following 914
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10 classifications shall receive a Hazardous Duty Pay Differential of 10% over their regular base pay when assigned to specific duties as defined below. This differential is being paid to the following classifications only in recognition of the fact that their current job classifications do not include the duties defined below (A):
• Maintenance Worker I/II
• Equipment Operator
• Groundskeeper
• Gardener
• Parks Construction and Maintenance Worker
• Maintenance Lead Worker
• Building Trades Worker I/II/Senior
Hazardous Duty Pay will only be paid to employees who are assigned by their supervisor and/or designee, to execute the hazardous duties defined below in (A). It will not be paid to an employee who undertakes to perform the hazardous duties listed below in (A) on their own, without proper authorization, either expressed or implied.

The Department Supervisor or Superintendent shall authorize payment of the differential and maintain records of hazardous duty pay authorizations.

The Hazardous Duty Pay Differential will only be given for the actual time an employee(s) work on the hazardous assignment.
(A)The following duties are the only duties that are hereby established as duties that are entitled to receive the Hazardous Pay Differential:

1. Homeless Encampment Abatement – Specifically, the abatement of established homeless encampments that includes removal of trash, junk, debris and personal items and potentially hazardous materials.

2. Charred Building Demolition – specifically, crews assigned to demolishing, abating and disposing of burnt and/or charred buildings.

II I. STANDBY PAY
Employees assigned to standby duty, during any consecutive 7-day period, shall be paid fifty-two (52) hours at straight time for forty (40) hours of work. If an employee is not available for duty during any portion of the seven-day period, due to illness or other reason, 1.1 hours shall be deducted for each day or portion of the day they are not available.

II J. LONGEVITY PAY
Effective the first full pay period after the City Council approves the 2025-2028 MOU:

Full-time and permanent part-time employees who have completed their tenth (10th) year of permanent service with the City of Richmond shall receive an additional 1% longevity pay above 915
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11 base salary. Full-time and permanent part-time employees who have completed their fifteenth (15th) year of permanent service with the City of Richmond shall receive an additional 2% above base salary for a total of 3% longevity pay. Full-time and permanent part-time employees who have completed their twentieth (20th) year of permanent service with the City of Richmond shall receive an additional 2% above base salary for a total of 5% longevity pay.

II K. PROMOTION - EFFECT ON RATE OF COMPENSATION
Whenever an employee is promoted to a higher class, they shall be entitled to receive in the new position the nearest higher monthly salary step which attaches to the higher class. Such increase must be at least five percent.

II L. EFFECT OF CERTAIN PERSONNEL ACTIONS UPON SALARIES “Y” rating occurs when the City eliminates a job classification and reallocates the employee to another classification, with a lower maximum salary than the maximum salary for the incumbent's eliminated classification. The City shall also “Y” rate an employee occupying a position in a classification if the maximum salary rate is reduced. Such continuation of present salaries shall each be designated as a "Y" rate. When an employee on a "Y" rate vacates their position, the employee’s successor in that position shall be paid in accordance with the salary ranges established by this Memorandum of Understanding. This section shall not apply to an employee who voluntarily demotes to a lower paying classification.

II M.ELIGIBILITY FOR SALARY ADVANCEMENT
An employee shall normally be eligible for salary advancement within the salary range for the employee’s classification for each year of satisfactory service unless the employee’s classification only has one rate of pay. If an employee's service is not deemed satisfactory, based on a written performance evaluation, the employee may not be eligible for consideration for salary advancement.

If an employee does not receive an evaluation within 60 days after their anniversary date and the employee is scheduled for a step increase, the step increase will be paid to the employee retroactively to their anniversary date.

Nothing in this section shall be construed as limiting the authority of the City Manager to increase, make no change in, or reduce the salary of any employee in the bargaining unit within the currently approved salary range for good or sufficient cause.

II N. PERFORMANCE EVALUATIONS
Each employee shall receive a written performance evaluation annually on or about their anniversary date. The anniversary date is the date an employee was hired, or last promoted. An employee’s anniversary date may change during employment for various reasons. Evaluations are due on or about the employee’s current anniversary date.

Performance evaluations serve to 1) memorialize an employee’s performance and behavior during the rating period, 2) identify and/or remind the employee about necessary performance and/or 916
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12 behavioral areas for improvement, and 3) offer suggested means to improve. In short, evaluations both record and teach. Both parties prefer to have supervisors provide this feedback to employees in a verbal and/or written manner on an as-needed basis during the rating period, culminating in a written performance evaluation. Supervisors may document their interactions with employees to provide this feedback. Evaluations must be factual. Evaluations should not falsely portray an employee’s performance and/or behavior positive or negative.

II O. DEMOTION
The City shall determine an employee’s new rate of compensation within the salary range for the employee’s new classification in all cases of demotion (voluntary or disciplinary).

ARTICLE III - INDIRECT PAY AND ALLOWANCES
III A. INSURANCE
For purposes of this Article, when referred to herein the term “Registered Domestic Partner” shall mean a person who meets the criteria specified in Section 297 of the Family Code of the State of California and who is duly registered as such by the California Secretary of State’s Office.

1. Medical Insurance

1.1 CalPERS Health Insurance Plans
The City contracts with the California Public Employees' Retirement System (PERS) Health Benefits Program to provide medical insurance for all active employees, retirees and eligible survivors (including those in the City of Richmond General Pension Fund) of retirees. Eligibility of retirees and survivors of retirees to participate in this program shall be in accordance with the regulations promulgated by PERS. Unless prohibited by PERS or by law, the health plan coverage described herein shall apply to persons retired.

The City shall pay the CalPERS Minimum Employer Contribution (“MEC”) Amount required by law.

Cafeteria Plan for Additional City Medical Insurance Premium Contribution For each active employee eligible for medical coverage who has enrolled in one of the PERS medical insurance plans offered by the City, the City’s monthly contribution toward the Cafeteria Plan will be based on their enrollment status as follows:

Employee Plus Two or More Dependents: The City’s contribution shall be set at one hundred percent (100%) of the monthly premium of the PEMHCA Region 1 Kaiser Permanente family rate (employee plus two or more dependents) minus the PEMHCA MEC for those enrolling with employee plus two or more dependents.

Employee Plus One Dependent: The City’s contribution shall be set at one hundred percent (100%) of the PEMHCA Region 1 Kaiser Permanente employee+1 rate 917
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13 minus the PEMHCA MEC for those enrolling with employee plus one dependent.

Employee Only: The City’s contribution shall be set at one hundred percent (100%) of the PEMHCA Region 1 Kaiser Permanente employee only rate minus the PEMHCA MEC for those enrolling with employee only.

The City’s Cafeteria Plan contribution can be used toward PEMHCA medical insurance only. Any unused (unspent) Cafeteria Plan contributions are not retained by the employee.

An employee whose Health Insurance plus Cafeteria Plan contribution is insufficient to fully pay the employee’s selected health insurance plan’s premium shall have the remaining health insurance premium deducted from their pay on a pre-tax basis. The employee though may direct the Director of Finance, through a form designated by the Director of Finance, to have said remaining health insurance premium deducted on an after-tax basis.

1.2 Medical Benefit Opt-Out
An employee who provides proof of alternative health insurance coverage which is Patient Protection and Affordable Care Act compliant, may opt-out of the City’s medical insurance coverage and shall receive one hundred fifty dollars ($150.00) per month for employees eligible for employee-only medical insurance coverage and two hundred dollars ($200.00) per month for employees eligible for two-party or family medical insurance coverage.

Under the Patient Protection and Affordable Care Act, the eligible opt-out arrangement conditions that much be satisfied in order for an employee to opt-out of the City’s health care coverage are as follows:
a) The employee and the employee’s Tax Family must have (or will have) minimum essential coverage through another source (other than coverage in the individual market, whether or not obtained through Covered California); b) A Tax Family means all individuals for whom the employee reasonably expects to claim a personal exemption deduction for the taxable year(s) that cover the employee’s plan year for which the eligible opt-out arrangement applies; c) The employee must provide reasonable evidence of the alternative minimum essential coverage for the employee and their Tax Family for the applicable period.

Reasonable evidence may include an attestation by the employee; d) The employee must provide the evidence/attestation every plan year; e) The employee must provide the evidence/attestation no earlier than a reasonable time before coverage starts (e.g. open enrollment). The evidence/attestation may also be provided within a reasonable time after the plan year starts; and 918
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14 f) The compensation for opting out cannot be made if the City knows or has reason to know that the employee or a member of the employee’s tax family does not have alternative minimum essential coverage.

During the City’s annual open enrollment period, the employee must complete an annual written attestation that the employee and the employee’s tax family are enrolled in alternative Minimum Essential Coverage. The employee agrees to notify the City no later than 30 days after the employee or other member(s) of the employee’s tax family lose coverage under the alternative Minimal Essential Coverage Plan.

The employee understands that the City is legally required to immediately stop conditional opt-out payments if the City learns that the employee and/or members of the employee’s family do not have the alternative Minimal Essential Coverage.

The City reserves the right to modify at any time, the amount an employee is eligible to receive under this paragraph, if required by IRS regulations, other legislation or Federal and/or California agency guidance.

This option is available at any time. If an employee loses the alternative medical insurance the City will allow immediate reinstatement to the City's health plan at the employee’s eligibility level. Bargaining unit members receiving money in lieu of benefits may apply the money towards the IRS Section 457 Deferred Compensation Plan or receive the money as a taxable addition to their salary.

1.3 Taxation
The City shall not treat its medical benefit contributions described in Section III(A)(1)(1.1) above as compensation subject to income tax withholding unless the Internal Revenue Service and/or the Franchise Tax board indicates that such contributions are taxable income subject to withholding. Each employee shall be solely and personally responsible for any federal, state, or local tax liability or penalty that may arise out of the implementation of this section.

1.4 Permanent Part-Time Employees
a) Permanent part-time employees may receive medical benefits as follows: The City will only contribute the current CalPERS Minimum Employer Contribution Amount for part-time employees who regularly work between twenty and twentyfour hours per week. These employees shall pay the balance of the medical insurance premium.
b) Permanent part-time employees who regularly work 25 hours or more per week may elect to receive the same medical plan benefits described in Section III(A)(1)(1.1) as full-time employees.

1.5 Eligibility Changes
Employees shall have the right to inform the City of an increase in their dependents at 919
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15 any time and have the amount contributed be adjusted accordingly, in accordance with PERS or the insurance carrier's rules.

Employees shall inform the City within thirty days that one or more family members are no longer dependents, and the City shall correspondingly reduce its monthly contribution. Applicable circumstances include but are not limited to divorce, death, children turning 26 years old and a dependent obtaining other medical insurance.

1.6 Retiree Medical Benefits
The City will pay the CalPERS Minimum Employer Contribution Amount on behalf of eligible retirees for CalPERS retiree medical insurance premiums. The City will also reimburse retirees who are eligible for retiree medical benefits as described in subsection “1.7” below in the amount of $435.00 per month for retirees eligible for retiree only coverage and $567.00 per month for retirees eligible for two-party or family coverage. Retirees may add new dependents during retirement but the City will not increase its reimbursement to contribute towards the premiums for these new dependents.

When a retiree or surviving dependent becomes eligible for Medicare benefits, the monthly reimbursement shall be reduced to the amount deducted from the pension check for supplemental medical insurance and shall be no more than the reimbursement for which they are eligible described above. The City will not cover any Medicare costs.

Retirees may receive the reimbursement for which they are eligible described above for a non-PERS health plan if 1) the non-PERS health plan is selected at the same time that an employee drops a PERS health plan and 2) the retiree submits monthly proof of payment of the premium. Once such a selection is made, the retiree may opt back into a PERS health plan but the City will not reimburse the retiree for any portion of the premium.

1.7 Retiree Medical Benefit Eligibility
To be eligible for the reimbursement described in Section III(A)(1)(1.6), the retiree must (1) retire within 120 days of separation from the City payroll, (2) be enrolled in a PERS medical plan offered by the City at the time of separation and thereafter, and (3) meet the following service and age requirements:

Age Full-time Service with City
55 and older 10
54 12
53 14
52 16
51 18
50 20
Employees who retire on a PERS approved disability and have 10 years of service with 920
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16 the City shall also be eligible for City reimbursement towards medical benefits as described in Section III(A)(1)(1.6).

1.8 Retiree Medical Benefit Conditions
The reimbursement set forth in Section III(A)(1)(1.6) shall be made monthly from the date of the first CalPERS pension check until the retiree ceases to participate in the PERS Medical program. However, if the retiree goes from having one or more dependents to having no dependents, the City's reimbursement shall be reduced as described in Section III(A)(1)(1.5). If the retiree becomes Medicare eligible, the City’s reimbursement shall be reduced as described in Section III(A)(1)(1.6). If the retiree fails to report any of these changes in status to the City within 30 days of their occurrence, the retiree shall be liable for refunding the excess amounts received to the City.

1.9 Retiree Medical Benefit Survivors
If a retiree qualifying for benefits above is survived by a spouse or registered domestic partner at the time of retirement who qualifies as an annuitant (i.e., is continuing to receive a pension from PERS or the City) the surviving spouse shall receive all the benefits described above if allowed by CalPERS rules. The survivor will be subject to the same administrative procedures applicable to retirees.

1.10 Employee Retiree Health Insurance Pre-Funding Trust Contribution Effective the pay period including January 1, 2024, employees shall begin making contributions to the retiree medical benefit pre-funding trust in an amount determined by the second-step annual base wage for their current job classification. The contribution amounts are as follows:

Employees in job classifications with annual second-step base wages in the amount of $60,000 or less shall pay $50.00 per month.

Employees in job classifications with annual second-step base wages falling within the range of $60,001 and $80,000 shall pay $75.00 per month.

Employees in job classifications with annual second-step base wages in the amount of $80,001 or more shall pay $100.00 per month.

These payments shall occur as payroll deductions and shall be tax-free to the extent allowed by law.

Part-time employees in the bargaining unit shall make monthly retiree medical benefit pre-funding trust contributions on a pro-rata basis. As an example, this means that a part-time employee in a job classification with a second step making less than $60,000 per year who works a three-quarters time schedule (28.125 hours per week) would pay $37.50 per month to the trust.
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17 2. Dental Plan
The City shall contribute the full premium toward group dental plan benefits for employees and dependents with a $2,000 lifetime maximum for orthodontics per person. The maximum dental benefit (except for orthodontics) is $1,700 per year for a PPO in-network dentist and $1,500 per year for an out-of-network dentist.

Employees may utilize the dentist of their choice to obtain dental care in the PPO Network as specified in the Delta Dental Benefit Highlights. The City’s dental plan includes additional information regarding benefits. Permanent part-time employees shall be entitled to participate in the dental plan. These employees, and not the City, will pay the premium for the dental plan.

3. Vision Plan
The City shall contribute the full premium for a no deductible group vision plan providing for well-vision exams and/or new lenses every twelve months and new frames every twenty-four months. The City’s vision plan includes additional information regarding benefits.

Permanent part-time employees working 20 hours or more a week are eligible for this Citypaid benefit.

4. Life Insurance
The City shall provide group life insurance coverage in the amount of $30,000. This policy will apply to permanent part-time employees providing they work 20 hours or more a week.

5. Disability Insurance
The existing long-term disability insurance program for full-time employees shall include payment of sixty percent (60%) of the first $5,000 of each employee’s pre-disability earnings, reduced by deductible income, after a thirty (30) day waiting period. Disability insurance payments shall not extend beyond age 65 for disability caused by accident and for a period not to exceed five (5) years for disabilities caused by illness. This policy will apply to permanent part-time employees providing they work 20 hours or more a week.

The above coverage is subject to any terms and limitations of the agreement with the insurance carrier.

6. Flexible Benefits Plan
The Flexible Benefits Plan is available to all bargaining unit employees. The City administers the plan under the provisions of IRC Section 125, subject to any changes in Federal law and/or regulations that may occur.

Employees may use their own funds on a tax-free basis to participate in the Flexible Benefits Plan.
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18 Options available through the Plan shall include, but not be limited to:
a) Dependent Care Assistance Account
b) Medical Expense Reimbursement Account
c) Adoption Assistance Account
d) Qualified Transportation Account
e) Parking Benefit Account
III B. LEAVES

1. Leaves of Absence

1.1 The City Manager may grant leaves of absence without pay for a period not to exceed one (1) year.

1.2 No employee shall be granted a leave of absence without pay for a period in excess of three (3) days unless:
a) They make a written request of their department head stating the reasons; b) The department head recommends it;
c) The Director of Human Resources recommends favorable action to the City Manager; and
d) The City Manager approves it.

1.3 A request for leave of absence without pay for a period of three (3) days or less may be granted to an employee by their department head.

1.4 Failure on the part of an employee to report promptly at the expiration of their leave may be considered job abandonment which may cause automatic employment termination as provided by law. Article IV(B)(4) describes the absence without leave process.

1.5 An employee who has taken a leave of absence without pay for a total of thirty (30) days or more within a given service year shall have their anniversary date set back by the time in excess of the thirty 30 days. Leaves of absence without pay for a period totaling less than thirty 30 days in the given service year shall have no effect on the employee's anniversary date. In the case of the employee anniversary date for impending lay-off, all time taken as leave of absence without pay will be subtracted, in establishing the anniversary date. This section does not apply to employees on family medical leave or workers compensation injury leave.

1.6 The following shall be considered as normal types of leaves of absence:

Leave of Absence without Pay
Leave of Absence with Pay using the employee’s accrued leave Sick Leave
Workers Compensation Leave
Vacation Leave
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19 Military Leave
Bereavement Leave
Jury Duty
Parental Leave
Family & Medical Leave

1.7 The City Manager, upon recommendation of the department head and the Director of Human Resources, shall have the authority to grant leaves of absence with pay using the employee’s accrued paid leave. The manner of and the condition for granting such leaves shall be prescribed by the City Manager, except that where a leave of absence with pay is to extend for a period of more than two calendar weeks, it shall require specific approval of the City Council.

2. Bereavement Leave
Employees shall be eligible for Bereavement Leave under the provisions specified below.

Use of leave under this Section runs concurrently with leave under Administrative Policy 313.

2.1 Upon the death of an employee’s “family member” as that term is defined in this section, the employee shall have a right to take up to five (5) days of Bereavement Leave for each such death. The days of Bereavement Leave need not be consecutive.

The Bereavement Leave shall be completed within three months of the date of the death of the family member. Up to four (4) workdays of Bereavement Leave shall be paid.

The remainder of the five (5) days of Bereavement Leave shall be unpaid, except that an employee may use vacation, sick leave, compensatory leave, or other paid leave that is otherwise available to the employee. In unusual cases, additional full-pay leave may be granted by the City Manager, provided that the eligible employee justifies the need in writing and the department head and Director of Human Resources recommend approval.

2.2 Use of Bereavement Leave is subject to the approval of the City Manager or designee.

2.3 One (1) day of paid Bereavement Leave is available to attend services for relatives not meeting the definition of “family member” as defined in this section. These would include nieces, nephews, and cousins.

2.4 “Family Member” for purposes of this section is defined as spouse, child, stepchild, parent, stepparent, guardian, grandparent, grandchild, uncle, aunt, sibling, step-sibling, parent-in-law, sibling-in-law, minors living as a member of the family, and registered domestic partners.

2.5 Absence by eligible employees due to the death of persons other than those specified in this section shall be either in no-pay status or as vacation and/or compensatory timeoff in amounts needed.

3. Sick Leave

3.1 Accrual Rate
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20 Each eligible employee shall accrue sick leave credits at the rate of one (1) day per month of service beginning thirty (30) calendar days immediately following original appointment. There shall be no limit on the number of sick leave days that an employee may accumulate.

3.2 Accrual Rate for Permanent Part-Time Employees.

Each permanent part-time employee who works at least 1,200 hours per calendar year shall be entitled to pro-rated sick leave based upon their date of employment, upon the number of calendar years in which service has been rendered and upon the further provision that employees who work a basic 40-hour work week and who have averaged

37.5 or more hours per week during the total scheduled work weeks per year shall be entitled to full sick leave provisions.

A part-time worker who converts to full-time (without a break in service) carries forward any pro-rated sick leave they have accrued at the time of entry into full-time work.

3.3 Payment for Unused Sick Leave.

Each eligible employee who has used five (5) days or less of sick leave during the preceding calendar year may elect to receive pay for twenty-five percent (25%) of the sick leave earned during the preceding calendar year less the amount of such leave used during the same period. At the employee's option the payment for unused sick leave may be converted to equivalent vacation time. Forms for determining employee option preferences are administered by the office of the Finance Director such that employees will make their preferences known by January 15; if payment is selected, such payment shall be made no later than the second payroll period in February of that calendar year.

When an employee elects to receive payment in cash or vacation time, their sick leave balance shall be reduced by the amount paid off in cash or converted to vacation. Sick leave not converted to vacation or cash will remain on the employee's credit. To be eligible for this provision, an employee must have been a full-time employee for two (2) years prior to the calendar year on which the pay for unused sick leave calculation is based.

3.4 Conversion of Sick Leave to Pension Credits.

Those employees who are members of the Public Employees Retirement System (PERS) and who retire from City employment shall be entitled to convert all unused sick leave credits to service credit for the purpose of calculating retirement benefits at the rate of .004 years of service for each unused day of sick leave in accordance with and subject to the provisions of California law.

3.5 General Provisions.

Sick leave properly may be used for the following health purposes: illness, non-job disability, dental care, diagnosis, and therapy when requested or ordered by competent 925
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21 medical-dental authority, and family illness or injury.

3.6 Family Sick Leave.

A bargaining unit member may use sick leave for illness or injury to a member(s) of their family as identified in California Labor Code Section 233. The maximum amount of sick leave that may be used for this purpose in any one (1) calendar year shall be six (6) working days.

A doctor's certificate indicating if an employee has a condition described in subsection “3.5” above must be furnished on the request of the City Manager or department head, or their designee, and at such time thereafter during the same sick leave as the City Manager or department head shall deem necessary. But in any event, a doctor's release to return to work shall be mandatory after seven (7) consecutive workdays of sick leave.

4. Family and Medical Care Leave.

Pursuant to State and Federal law, the City will provide family and medical care leave for eligible employees. Family and medical care leave entitles an employee to up to 12 weeks of continuation of health, dental and vision benefits in a 12-month period. Family and medical leave may be taken for any of the following reasons: the birth, adoption, or placement of a child for foster care in the employee's home; the serious illness of the employee; or the serious illness of a spouse, child, or parent.

The following provisions set forth unit members' rights and obligations with respect to such leave. Rights and obligations which are not specifically set forth below are set forth in the Department of Labor regulations implementing the Federal Family and Medical Leave Act of 1993 (FMLA) and the regulations of the California Fair Employment and Housing Commission implementing the California Family Rights Act (CFRA). Unless otherwise provided by this section, "leave" under this section shall mean leave pursuant to the FMLA and the CFRA.

4.1 Amount of leave.

Eligible members are entitled to a total of 12 workweeks of leave during any 12-month period. A member's entitlement to leave for the birth or placement of a child for adoption or foster care expires 12 months after the birth or placement. If both parents work for the City, they may use a total of 12 workweeks of leave, between them, for the birth or adoption of a child.

The 12-month period for calculating leave entitlement will be a "rolling period" measured backward from the date leave is taken and continues with each additional leave day taken. Thus, whenever a member requests leave under this provision, the City will look back over the previous 12 month period to determine how much leave has already been used under this provision and determine the balance available.

4.2 Use of other accrued leaves while on leave; if a member requests leave for their own serious health condition, the member must also exhaust sick leave concurrently with the leave.
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22 4.3 While the City recognizes that emergencies arise which may require employees to request immediate leave, employees are required to give as much notice as possible of their need for leave. If leave is foreseeable, at least 30-days’ notice is required. In addition, if an employee knows that they will need leave in the future but does not know the exact date(s) (e.g., for the birth of a child or to take care of a newborn), the employee shall inform their supervisor as soon as possible that such leave will be needed. If the City determines that an employee's notice is inadequate or the employee knew about the requested leave in advance of the request, the City may delay the granting of the leave until it can, in its discretion adequately cover the position with a substitute.

4.4 During the term of this Agreement, the City may negotiate with SEIU Local 1021 to develop a policy which if mutually agreed upon shall replace this Article III, Section (B)4.

5. Parental Leave

5.1 California law affords natural mothers disabled by their pregnancy with unpaid leave time. The City Manager may extend this legally required leave of a natural mother disabled by her pregnancy for an additional two months with appropriate medical documentation. During this leave, the City will continue to pay the premium for her PERS medical plan. During this leave the employee shall be entitled to full access to long-term disability insurance, subject to the terms of the LTD policy.

5.2 All fathers or adoptive parents shall be granted 30 days leave without pay commencing one week prior to the birth or adoption of a child, during which time the City will continue to pay the premium for the employee's PERS medical plan.

5.3 All parents granted a leave of absence as described in a. and b. above, shall receive four weeks of paid leave as part of their parental leave. Payment will be made upon the birth of a child, or upon taking custody of a child through adoption.

6. Jury Duty
A City employee ordered to jury duty during the employee's regularly scheduled work hours has a right to fully paid leave during actual jury services. The following shall apply:

6.1 All employees generally shall willingly accept ordered jury duty as one of the obligations upon all eligible citizens.

6.2 Employees shall properly inform the officials who control jury duty of such unusual factors in their City jobs, including workload, as the jury officials might judge to be adequate grounds for deferral of or excuse from jury duty.

6.3 Such leave may be based upon, but is not limited to, coroner’s inquest, county superior court, and federal jury duty.
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23 6.4 Employees shall pay immediately to the City such amounts of money as they receive as per diem but shall be entitled to keep such mileage payments as are made to them.

6.5 Each employee shall expeditiously report their probable absence for jury duty and must report promptly the termination of active jury service. Employees whose shifts and days off are other than day shift Monday through Friday, shall be temporarily assigned day shift Monday through Friday for the duration of jury duty. Employees will be expected to give two weeks or more notice of their call for jury duty and provide a copy of the jury summons.

7. Military Leave
Military leave shall be granted in accordance with the provisions of California State Law.

All employees entitled to and taking military leave shall give the department head the right within the limits of military necessity and regulations to determine when such leave shall be taken. When an employee is called for and serves extended active duty in the military, the City will pay the difference between the employee's extended active duty pay and the employee’s base pay for a period of up to twelve months.

An employee claiming reimbursement under this section must provide the City with a copy of their military orders and documentation of pay received from the military.

If the employee applies to the Public Employee Retirement System for PERS credit, and is approved, the City will make the necessary contributions as if the employee had been receiving full City-paid salary while on extended active duty, for a period of up to twelve months.

In the event of military leave longer than twelve months, an employee may use accrued vacation on a pro-rated basis to make up the difference between military pay and the employee's base pay.

No person shall be appointed permanently to a position from which another is on military leave. However, an employee appointed to fill a position of another employee on a military leave absence may apply to another position in the same class if there is a vacancy.

8. Vacation Leave

8.1 An employee shall accrue vacation leave unless:
a) An employee is employed on a part-time basis and worked less than 1,200 hours in the preceding calendar year.
b) The employees who are employed on a seasonal basis or a temporary appointment.

8.2 Full-Time Employee Vacation Accrual Rate:

Each full-time employee shall accrue vacation at the rates specified below beginning with the date of original appointment.

The authorized annual vacation leave for employees shall be:
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24 WORKING DAYS YEARS OF SERVICE
10 1-3
15 4-14
20 15-22
25 23-29
30 30 thereafter

8.3 Rate at Which Vacation Leave Shall Accrue for Other Than Full-Time Employees. a) Each part-time employee and who has worked 1,200 hours or more of the annually scheduled working hours in the preceding calendar year without a termination of employment shall be entitled to pro-rated vacation leave based upon their date of employment, upon the number of calendar years in which service has been rendered, and upon the actual amount of time worked on the preceding calendar year; with the further provision that employees who work on a basic 40-hour work week and who have averaged 37.5 or more hours per week during the total scheduled work week per year shall be entitled to full vacation. b) A part-time worker who converts to full-time (without a break in service) would continue to accrue vacation at the same rate they have at the time of entry into full-time work. This accrual rate, and the date for increased allotment, are determined by the number of calendar years of vacation credit the employee has.

Vacation accrual occurs only in those calendar years when an employee has worked 1,200 hours or more. These years of service do not have to be successive.

8.4 Limitation on Vacation During First Year of Service.

Each permanent employee must have served one (1) year continuously in order to be eligible to take vacation leave. However, an employee may use vacation after six months of continuous service if approved by the City.

8.5 Other Limitations on Vacation Leave and Accumulation of Vacation Leave. a) An employee shall cease accumulating vacation leave when she/he reaches a maximum amount as listed below.

YEARS OF SERVICE MAXIMUM ACCRUAL
1-3 20 working days
4-14 30 working days
15-22 40 working days
23-29 50 working days
30+ 60 working days
Permanent part-time employees' vacation limitation will be prorated based on the above schedule.

Employee vacation leave balances appear on each paycheck or are available in MUNIS.
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25 b) No employee shall take more than the equivalent of one (1) annual vacation period in any one calendar year, except when vacation has been deferred at the request or order of the department head and approved by the City Manager, in the best interests of the City government and the employee.

c) Vacation which was deferred at the request or order of the department head and approved by the City Manager is excluded from the preceding provisions of this section. Requests for deferring vacation must be presented to the City Manager before October 30 of any calendar year.

8.6 Time at Which Vacation Leave Shall be Taken.

The times at which an employee shall take their vacation leave during the calendar year shall be determined by the department head with due regard for the wishes of the employee and particular regard for the needs of the service. Employees must request advance approval for vacation leave at least 48 hours in advance of the proposed date.

A supervisor/manager shall approve or deny an employee’s vacation use request within five workdays of actual receipt of the employee’s written vacation request. Failure to respond within five working days is inappropriate but does not render the vacation request automatically approved.

At the beginning of each calendar year, employees may request in writing the dates they wish to utilize vacation leave during that year. During the months of January through March of each year, vacation requests shall be approved on the basis of seniority, provided that the supervisor may turn down a request if not enough skilled or certified employees would be available on a certain date. After March 31 of each year, vacation requests will be honored on a first come first served basis, while still ensuring that enough skilled or certified employees are available each day. However, the department head must ensure that each employee uses their vacation leave within the calendar year unless that employee requests and obtains deferment under the preceding provisions of this section.

8.7 Effects of Holidays and Vacation Leave.

In the event one or more City holidays fall within a vacation leave, such holidays shall not be charged as vacation leave.

8.8 Effect of Extended Military Leave on Vacation Leave.

For the purpose of determining length of service, time spent on military leave from City service shall be counted as time spent in the service of the City.

8.9 Vacation Amounts at Termination of Active Employment.

Following termination of active employment from whatever cause, the City shall pay to the employee or to the estate such vacation as was due to the employee at termination.

8.10 Vacation Sell-Back
Annually, employees with at least two (2) years of full-time, regular service shall have the option to sell back up to five (5) workdays (based on your regularly scheduled work week) of accumulated vacation time. Payment of sold vacation time will be made on 930
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26 the second payroll in December. Eligible employees must exercise this option on forms provided by the City no later than October 1 preceding that calendar years payout.

8.11 Vacation Usage.

The City will permit employees to use vacation accruals in hourly increments.

9. Injury Leave Payments

9.1 Any City employee, who is medically certified to be temporarily disabled because of bodily injury or illness arising out of and in the course of employment shall be paid their full salary up to a maximum of 26 weeks per injury/illness from the date that they are unable to work (and no more than 39 weeks in any two-year period regardless of the number of injuries/illnesses) subject, however, to the following conditions:

9.2 If any employee exhausts their 39 weeks of full pay as described above, and continues to be temporarily disabled, they will be paid the appropriate temporary disability as prescribed by the Workers Compensation code up to the maximum permitted.

9.3 When an employee returns to work or is medically determined to be permanent and stationary, or receives a disability retirement, the City's liability for temporary disability payments or salary continuation will be terminated. The City will consider providing an accommodation consistent with federal, state, and local law, provided the accommodation is medically necessary, reasonable, feasible, and likely to enable the employee to perform the essential functions of their position, and so long as it does not impose an undue hardship on the City of Richmond. This may include leave or other accommodations which might enable the employee to perform the essential functions of their position. During the time the employee is entitled to receive total temporary disability compensation payments, the City's liability is in accordance with the law but will not be greater than regular salary.

9.4 In the event that it is determined from competent medical evidence that an employee is no longer temporarily disabled, the City shall discontinue temporary disability payments or salary continuation. The employee may appeal this decision to the Worker's Compensation Appeals Board.

9.5 When an employee is determined to be permanent and stationary, and it is determined from competent medical evidence that they are a qualified injured worker and unable to physically or mentally (psychologically) perform the full duties of their position, the employee has the option to immediately apply for a disability retirement, if eligible, or, if not eligible, to resign voluntarily. Failure to resign in such circumstance may result in termination from employment by the City in accordance with City policy. An employee who feels their rights are being violated due to their disability may file an internal complaint through the Human Resources Department utilizing the City's Americans with Disabilities Act complaint procedure and file for status under the Americans With Disabilities Act.

9.6 An employee absent on injury leave who is medically certified able to return to full duties shall return to work on the return-to-work date. Failure to do so may subject the 931
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27 employee to discipline.

9.7 During the time that an employee is disabled by reason of bodily injury or illness resulting from the course and scope of their employment, neither their vacation leave nor sick leave account shall be charged for the purpose of paying compensation leave benefits during said period. They may, with the approval of the Department Head, use vacation time, if needed.

9.8 A permanent employee absent from duty on paid injury leave under this Section 9 shall have such absence considered as "service" for purposes of computing rate of sick leave and vacation leave. This does not apply if an employee is no longer on salary continuation (off payroll) receiving temporary disability benefits.

A probationary employee will have their probationary period extended the same amount of time they are off work due to injury leave.

9.9 An employee who is medically certified to be a qualified injured worker and no longer able to perform the full duties of their position will continue to receive Worker's Compensation benefits provided by law, if applicable.

9.10 In the event that an employee's injury or illness results from the carelessness or negligence of a third party, the City of Richmond will have the right of subrogation for reimbursement of salary and benefits paid by the City under the Self Insurance Program.

9.11 An employee may be seen by a doctor of their choice when injured on the job, if the employee has designated that doctor in writing with the Department of Human Resources prior to the injury. As permitted by State Law, the City may also require an injured employee to be evaluated by a City designated physician or specialist.

10. Court Appearances
Employees occasionally are required, by subpoena or otherwise, to be present at Court proceedings in connection with their City employment. Such Court appearances shall be in a full duty status. Employees are entitled, through normal administrative procedures, to payment by the City for out-of-pocket expenses.

Employees required, by subpoena or otherwise, to be present in Court not in connection with their City employment shall make such Court appearance either in no-pay status or on vacation time. However, an employee who witnesses or is the victim of a crime at work during work hours may testify under subpoena in a resulting criminal prosecution without loss of pay.

III C. HOLIDAYS

1. The City recognizes the following paid holidays:

New Year’s Day January 1
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28 Martin Luther King, Jr. Birthday
Presidents Day
Cesar Chavez Day
Memorial Day
Juneteenth
Independence Day
Third Monday in January
Third Monday in February
March 31
Last Monday in May
June 19
July 4
Labor Day First Monday in September
Admission Day September 9
Columbus Day Second Monday in October
Veterans Day November 11
Thanksgiving Holidays Fourth Thursday in November and the following Friday
Christmas Day December 25

2. Employees who are regularly-scheduled to work forty (40) hours per week shall receive eight (8) hours of paid time-off per holiday. Employees who are regularly-scheduled to work thirty-seven and one-half (37.5) hours per week shall receive seven and one-half (7.5) hours of paid time-off per holiday. If the employee’s regularly-scheduled shift exceeds these defined hours (e.g. for employees on 9/80 schedules), the employee may use accrued compensatory time-off or vacation to make-up the difference. For example, if an employee in a 37.5 hour per week classification is currently working a ten (10) hour shift, and a holiday falls on a ten (10) hour regular day, the employee must use two and one-half (2.5) hours of compensatory time-off or vacation to receive ten hours of pay for the holiday.

3. In addition to the holidays listed in paragraph 1 above, each employee shall be granted six (6) days and two (2) hours paid "floating holiday" time per calendar year which may be taken at any time during the calendar year subject to the approval of the employee's department head. Said holiday time must be taken during each calendar year and may not be carried over from one calendar year to the next. To be eligible for such holiday, an employee must have been working for the City prior to September 1 of the calendar year.

With the exception of the two-hour floating holiday credit, the floating holiday must be taken as a full day, and not in hourly increments.

4. When a holiday falls on Sunday, the Monday following shall be considered as a holiday.

When a holiday falls on Saturday, the Friday preceding shall be considered as a holiday.

When a holiday falls on an employee’s regular day off, the employee shall request an additional day off. The request shall be granted if staffing permits. If the additional day-off is granted, the employee will receive seven and one-half (7.5) hours of pay for thirty-seven and one-half (37.5) hour classifications or eight (8) hours of pay for forty (40) hour classifications. If the employee’s regularly-scheduled shift exceeds the seven and one-half (7.5) or eight (8) hours (e.g. for employees on 9/80 schedules), the employee may use accrued compensatory time-off or vacation to make-up the difference. When staffing does not permit an additional day-off, the employee shall receive an additional seven and onehalf (7.5) hours for thirty-seven and one-half (37.5) hour classifications and (8) hours for forty (40) hour classifications of pay at the employee’s straight time rate.

5. Employees will be paid overtime for all regularly scheduled hours that they work on a 933
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29 holiday. A holiday is the 24-hour period of the day listed in Article 3(C)(1) above, starting at 0000 hours and ending at 2400 hours. Employees do not receive overtime for hours worked before or after the holiday during shifts that include hours over two consecutive calendar days, one of which is a holiday, unless required by law.

6. All permanent part time employees shall receive holiday pay only if the holiday falls on their regularly scheduled workday.

III D. ALLOWANCES

1. Meal Allowance
A nine dollar and seventy-five cents ($9.75) meal allowance shall be afforded each employee, who is otherwise eligible to be compensated for overtime for each four (4) hour period of overtime they work beyond their normal work shift on a regularly scheduled workday. Such meal allowance shall also be allowed for each employee who works more than four (4) hours of unscheduled overtime on any of their normal days off.

For the purpose of this section "overtime" is considered to be unscheduled unless the request for such overtime is made more than eight (8) hours before the beginning of such overtime and does not involve calling an employee on their regular days off.

It is understood by the parties that no more than one (1) meal allowance shall be paid per four-hour overtime occurrence.

2. Personal/Professional Development
Upon the submission of appropriate documentation and approval by the City, employees represented by the Union shall be eligible to receive up to $1,250 per fiscal year for personal and professional development, or purchase of computer hardware or software, or items directly related to a regular, continuous physical fitness program (no clothing), for example, fitness center dues or exercise equipment.

3. Tuition Reimbursement
The City agrees to increase the maximum allowable reimbursement under the provisions of General Order No. 2 to $800.00 per fiscal year.

4. Safety Footwear
City agrees to reimburse employees up to three hundred dollars ($300) per calendar year to offset the cost of purchasing safety footwear. Safety footwear must comply with the current safety standard. Parties agree that such reimbursement shall be related to those classes of employees who would have need of safety footwear in the performance of their duties. Parties further agree that a receipt must accompany requests for such reimbursement. Employees to whom the City provides safety footwear reimbursement, shall be required to wear them in the course of their work. (Attachment E) 934
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30 5. Certifications and Licenses
The City shall pay the cost of any certificates required by the California Water Resources Control Board and the Building Inspectors' certifications as listed in Attachment D. The City shall also pay for any certificates regarding pesticides required for employees in the Gardener series.

The City will reimburse Building Inspectors and Code Enforcement Inspectors for the cost of required certifications listed in Attachment D.

The City will pay for classes required to obtain; 1) Class A or B licenses; 2) classes needed to meet subsequent changes in the law that require additional certifications and/or licenses.

If the City requires that an employee obtain a certification or license that is not a minimum qualification for a position, the City and the Union will meet and confer to discuss an appropriate level of compensation for the completion of the certification or license.

The City will not pay a premium pay for a certification or license that is a minimum qualification of a position. For example, it is a minimum qualification of the Maintenance Worker II to possess and maintain a class A Driver’s License, and it is a minimum qualification for an Equipment Operator to possess and maintain a class A or B Driver’s License (depending on assignment). In these examples, the City will not pay a premium pay as the possession and maintaining of those licenses is a minimum qualification of the classifications. Without the licenses in these two examples, the employee(s) would not meet the minimum qualification of their positions and would be unable to qualify for those positions.

6. Uniforms
Employees to whom the City provides uniforms shall be required to wear them in the course of their work. Where the City requires that certain employees shall wear uniforms during their working hours, the City shall furnish said uniforms and shall determine the color, style, insignia, and kind of materials used in such uniforms. The department head involved shall discuss such aspects of the uniforms as style, color, and kind of material with the employees and shall carefully consider their opinions before arriving at their decision with respect to the nature of the uniforms. The department head shall recommend to the City Manager the frequency with which such uniforms shall be replaced.

Employees assigned field duties in the Parks Division of the Public Works Department shall be provided coveralls or pants, shirts and jackets based on a one-time selection in accordance with the uniform policy as stated in the above paragraph. All other employees in Public Works shall wear pants, shirts and jackets. Housing Authority Maintenance employees will be provided coveralls.

Police Clerks, Communication Dispatchers, Code Enforcement Officers and Jailers shall receive a $600 annual uniform allowance and shall elect by December 1 of each year whether to receive the reimbursement semiannually or monthly. Semiannual reimbursement will be paid in two equal installments with the second paycheck in June 935
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31 and the second paycheck in December; monthly reimbursement will be paid in twelve equal installments with the second paycheck in each month.

7. Tools
The City will furnish the necessary tools for each crafts position.

8. Rain Gear
Rain gear consisting of rain suit (pants, jacket, head gear, and rubber boots) shall be provided to those Public Works Department employees and Police Assistants who are required to perform outside work during inclement weather. The rain gear shall remain the property of the City.

Rain gear shall be provided for employees in the class of Bookmobile Driver/Library Assistant.

III E. PART-TIME PROVISIONS
Employees appointed to any of the classes referred to herein and employed or working on a part-time basis shall be paid in proportion to the time worked.

For the purpose of calculating sick leave and vacation leave accruals for part time personnel, any time compensated as sick leave or vacation leave shall be considered as time worked. Less than full time employees shall advance to higher levels of leave accrual rates when their cumulative time worked, during years that qualify for the accrual of leave benefits, equals the time required for full time employees to advance to higher accrual rates.

Vacation Leave and Sick Leave for employees who work half-time or more shall be set forth in appropriate sections of this agreement.

Effective January 1, 1976, part-time employees in the General Employee Bargaining Unit will be allowed to carry over earned but unused sick leave and vacation credits from year to year.

Permanent part-time employees who regularly work 20 or more hours weekly will be covered by the public employee retirement system in accordance with PERS provisions.

Permanent part-time employees who regularly work at least 20 hours, but less than 25 hours, weekly shall be covered by the PERS Medical Plan, in accordance with PERS Provisions. The City will contribute on behalf of such employees, the amount described in Article III, Section A(1.4)(a).

Permanent part-time employees who regularly work 25 hours or more weekly shall receive the same medical plan benefits as full time employees.

Permanent part-time employees are eligible to participate in vision, life insurance and LTD programs if plans allow.
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32 III F.RETIREMENT
Full and part-time Classic employees as defined by CalPERS who are covered by this MOU receive a 2.7% at age 55 retirement pension calculated based on one year’s final compensation.

Classic employees pay 8% of pensionable compensation to CalPERS as their employee pension contribution. Employees make this payment on a pre-tax basis pursuant to Internal Revenue Code Section 414 (h)(2) to the extent allowed by law.

New employees as defined by CalPERS receive a 2% at age 62 retirement pension calculated based on three years average compensation. New employees pay 50% of the normal cost of their pension (currently 6.25% but subject to change by CalPERS) to CalPERS as their employee pension contribution. Employees make this payment on a pre-tax basis pursuant to Internal Revenue Code Section 414 (h)(2) to the extent allowed by law.

ARTICLE IV - WORKING CONDITIONS
IV A. HOURS OF WORK, MEAL PERIODS AND REST PERIODS

1. Departmental Working Hours:

All offices of the City Government, except those for which special regulations shall be issued by the City Manager, shall be kept open each day except Saturday, Sunday, and holidays continuously from 8:30 A.M. until 5:00 P.M.

2. Definitions of Certain Work Units:

To assist in the orderly administration of the City Government, the following definitions shall be used:

The work week shall begin at 12:01 Sunday morning and shall end at 12:00 midnight Saturday. This shall also be the seven day Fair Labor Standards Act work period for bargaining unit employees.

The normal workday for all regular, full-time employees shall be one fifth of the work week as established for the classification or department, unless amended through an agreement between the City and the Union.

The City Manager shall have the obligation and the right, when the needs of the City service clearly require, to establish on a regular continuing basis, workdays which are different from those herein defined.

3. Length of Work Week:

City employees generally shall have the following work weeks:

General government employees at the Civic Center and other City offices, 37.5 hours. 937
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33 All other employees covered by this MOU, 40 hours.

4. Attendance:

Employees shall be in attendance at their work in accordance with the rules governing hours of work, holidays and leaves. Absence without leave may be cause for disciplinary action.

Absence without leave, whether voluntary or involuntary, for five (5) consecutive working days will be deemed job abandonment resulting in the employee's automatic resignation from City service, as of the last date on which the employee worked. For purposes of this section, "absence without leave" is defined as any absence that is not expressly authorized by either an employee's direct supervisor or the City Manager. An employee's merely providing notice of an absence and the reasons therefore, whether in writing, via telephone or voicemail or otherwise, shall not be sufficient to avoid the operation of this section.

This section shall not apply to instances where employees take reasonable time off during working hours for the purpose of meeting with City representatives regarding grievances arising over the interpretation or enforcement of any term or condition of employment were such time off is authorized by any applicable Memorandum of Understanding and the time off has been scheduled in advance with the supervisor so as not to interfere with workload and job requirements as determined by the department head or division head. At the time of an employee's job abandonment, the City shall notify the employee in writing of their automatic resignation, stating the reason(s) therefore and providing copies of any documentation relied upon in support of the automatic resignation. The City will make the following attempts to contact such employees: first class mail; registered mail; and phone calls to their last known address and emergency contact person, if known. The employee may within fifteen (15) days of receiving notice of their automatic resignation file a request for reinstatement with the Director of Human Resources , setting forth an explanation as to the cause of their absence. After reviewing the employee's response to the notice of proposed automatic resignation, the Director of Human Resources may in their discretion reinstate the employee based upon the response provided by the employee, or alternatively, he or she may affirm the operation of the automatic resignation as set forth in the original notice.

5. Employees shall be assigned a one-half (1/2) or one (1) hour unpaid meal period each day within a two (2) hour period at midpoint of each shift, and a fifteen (15) minute paid rest period during the first half of the work shift and another fifteen (15) minute rest period during the second half of the work shift. If working conditions prevent Communications Dispatchers from taking their breaks at the appropriate time, Communications Dispatchers shall be provided breaks at the earliest available opportunity.

At each department head's option, lunch breaks may be scheduled for various lengths of time ranging from one-half (1/2) to one (1) hour in length.

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34 IV B.SHIFT CHANGES

1. City agrees to restrict shift or schedule changes made with less than one (1) week's notice to emergency situations only.

2. All employees will normally be scheduled to have at least eight (8) hours off between work shifts. Where an employee is not provided an eight (8) hour break between shifts, they will be compensated at the overtime rate for those hours worked during the eight (8) hour period which the employee would normally be off work.

IV C. SAFETY COMMITTEE
The City agrees to establish a City-wide safety committee which will include membership from Local 1021, as well as other bargaining units and management. The committee will meet on matters of mutual concern on at least a quarterly basis. The purpose of the committee will be to entertain, discuss, and make recommendations on matters of concern regarding all aspects of safety in the workplace. Recommendations from this committee shall be made to the City Manager. This committee does not preclude operating departments from having departmental safety committees.

The committee’s meetings are not “negotiations” under the MMBA.

All grievances related to safety will be responded to within three (3) working days.

The City shall issue quarterly reports through the Safety Committee containing information on all work-related injuries and illnesses.

IV D. MEETINGS WITH SUPERVISORS
When an employee is required to attend a meeting with one or more supervisors which may result in discipline, the employee's "Weingarten Rights" (see attachment C) shall be honored. The employee shall have the right to have at least one representative.

An employee may not insist on bringing a representative to a meeting with supervisory personnel when they have been told that the meeting is not of a disciplinary nature.

IV E.EMPLOYEE ASSISTANCE PROGRAM

1. The City and the Union recognize the value and need for counseling and assistance programs to help employees deal with problems such as alcohol or chemical dependency, divorce, stress, psychological concerns or other circumstances which can interfere with job performance and job satisfaction. Both parties view the EAP as a positive tool to help deal with these type of problems.

2. The EAP shall provide preventive materials and training as well as individual diagnosis, counseling and crisis intervention.

3. Eligibility:

The EAP is available to all bargaining unit employees and their families. 939
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35 4. Referrals:

Referral procedures will be designed to facilitate (a) self-referrals, (b) management referrals, (c) union referrals, (d) medical referrals, and (e) family referrals. After seeing a particular individual, the program may refer the client to other agencies, services or facilities, when appropriate. The ultimate decision to accept assistance through the program is the personal choice of the individual employee, however, management may refer employees to the program.

5. Confidentiality:

In the case of management referrals, the City shall, upon request, be informed of employee attendance in the program and whether the employee completed the program successfully.

All other information shall be strictly confidential and shall be released only when requested by the individual.

6. Job Security:

Referral to or participation in the diagnosis or counseling services of the EAP will not jeopardize any employee's job security or promotional opportunities.

7. Report and Evaluation:

Every 6 months, a review of the EAP will be made to evaluate utilization and potential areas of improvement. Such review shall be made jointly by the Union and Management.

8. Contractual Rights and Obligations:

An employee participating in the program shall be expected to meet all contractual obligations and established work rules, unless waived by mutual agreement of the City and the Union. Said employee shall have full access to the grievance procedure and other contractual protection.

IV F.OCCUPATIONAL HEALTH, SAFETY AND WELLNESS PROGRAMS

1. Safety Training:

Mandatory safety training will be conducted for all staff, targeted to specific classifications and positions.

2. Smoking Cessation:

The City will offer smoking cessation programs at no cost to employees. If the program is unsuccessful for an employee, subsequent courses will be at the employee's own expense.

3. Light Duty Program:

Injured employees who are unable to work at their regular job may be referred to a "work hardening center" for evaluation of their disability and their abilities. With medical approval, injured employees may return to a different position with no loss of pay or benefits if the City determines that a light duty position can be temporarily created. 940
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36 4. Stress Reduction:

The City will make stress reduction programs available to all employees.

ARTICLE V - PERSONNEL PROVISIONS
V A. LAYOFF

1. The City Manager may layoff an employee from the classified service because of shortage of work, lack of funds, material change in duties or organization, return of an employee from a leave of absence, or for other valid reasons. All possibilities for a transfer must be exhausted before layoff.

2. At least thirty (30) days prior to the effective day of a proposed layoff, the department head shall notify the Personnel Director of the proposed action with the reasons therefore and shall submit at that time a statement certifying in each case, whether or not the services of the employee to be laid off have been satisfactory. A copy of such notice shall be given the employee affected, the Chapter President, and the Union Field Representative.

3. Whenever the layoff of one or more employees shall become necessary, as defined in Article XIII of the Charter and this section, such layoff shall be made within classification and department when employees with permanent appointments in the class are involved.

The order of layoff of employees with permanent appointments in the class shall be in the reverse order of total cumulative time served on the established date for the layoff to become effective. This will permit layoff to the next lower class provided the total City seniority both as a full-time permanent employee and/or as a permanent part-time employee exceeds the total seniority of at least one (1) employee in the next lower class.

Layoff to the same or a lower class shall occur City-wide, enabling employees to move within other departments. Transfers to comparable classes may occur as determined by the Director of Human Resources after meeting and conferring with the Union. Permanent part-time employees will earn seniority on an hour for hour basis.

4. No employee holding a permanent appointment in the class from which layoff is to be made shall be laid off unless all provisional and probationary employees in that class have first been terminated.

5. The names of probationary employees and employees with permanent status who are laid off shall be placed on appropriate re-employment lists in the order of total cumulative time served in the Classified Service of the City. Total cumulative time in such cases shall include time served on military leave of absence from the Classified Service.

6. Job sharing: In an effort to avoid layoffs, the City and the Union may explore the use of job sharing or voluntary reduced work hours.
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37 V B. PROBATIONARY PERIOD

1. Purpose of the Probationary Period.

The probationary period is a basic part of the employee selection process and shall be used for close observation of the employee's work and conduct, for securing the most effective adjustment of a new employee to their position, and for rejecting any probationary employee whose performance clearly does not meet the minimum standards of work production, conduct, fitness and development which are required.

2. Length of Probationary Period.

All appointments made from eligible lists to permanent positions shall be tentative and subject to a probationary period. A one-year probationary period shall be served by all those individuals initially appointed to the classified service. Individuals appointed to the classification of Communications Dispatchers will serve an eighteen (18) month probationary period. The department head may request that a probationer may be granted their earned permanent status in less than one-year (eighteen (18) months for Communications Dispatchers). Any time served as a temporary, seasonal or contract employee in the same job classification shall be applied to the original permanent probationary period up to a maximum of six months. The City shall advance each of said employees to the next salary step following successful completion of said probationary period providing the employee has performed meritoriously. Release of probationary employees is not subject to the grievance procedure.

When a permanent employee is appointed from a promotional list of eligibles, the appointee shall serve a six-month probationary period.

When a permanent employee is promoted to a classification in which a license or certificate of proficiency is required, the probationary period shall be one year in order to provide the appointee with ample opportunity to acquire such certification. These classifications include, but are not limited to, Building Inspector II and III; Gardener; Sr. Treatment Plant Operator and Treatment Plant Operator. Classifications may be added or deleted to meet the needs of the City.

The City may extend a probationary period one time for no more than six months. The Union may request that the City extend a probationary period one time for no more than six months. The Union may not grieve the City’s response to a Union probationary extension request.

The Union will be notified if a probationary period is extended. The City will provide the Union with copies of any documents describing the basis for the extension of the probation if the impacted employee provides Human Resources written authorization to do so. If the employee passes the extended probation, the employee’s step increase will take effect retroactive back to the end of the employee’s original probationary period.

3. Rejection During Probationary Period.

During the probationary period, any probationary employee may be rejected at any time by the department head. Notification of rejection in writing and reasons for rejection shall be served upon the probationer, and a copy filed with the Director of Human Resources. 942
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38 4. Rejection of Probationer Following Promotion.

Any employee rejected during the probationary period following appointment to a higher classification shall be reinstated to the position from which they were appointed unless charges are filed and they are discharged in the manner provided in Article XIII of the Charter and the Personnel Rules.

5. Probationary Performance Reports.

It shall be the duty of each department head during the probationary period of each employee in their organization to investigate thoroughly the probationer's adjustment, performance, and general acceptability to determine whether or not the probationer is fully qualified for permanent appointment. They shall be responsible for reports on the probationer's performance and conduct at the completion of every three (3) calendar months during the probationary period, or more frequently if deemed desirable by the department head, such reports to be reviewed with the probationary employee by the rater.

The department head shall give a copy of the reports to the probationary employee.

The final probationary report on each probationer shall include the department head's recommendation to the City Manager either to retain or reject the probationer. Such reports shall be upon forms prescribed by and submitted to the Director of Human Resources.

6. Effects of Leaves of Absence on Probationary Period.

The probationary period of a given employee shall be extended by the time equal to the time they have been on leave of absence other than sick leave, vacation, or holiday leave during their probationary period.

V C. REINSTATEMENT

1. An employee who has resigned with a good record as has been determined by the department head at the time of resignation upon the prescribed form, or who has been laid off, may be reinstated within three (3) years to their former position, if vacant, or to a vacant position in the same or comparable class, or to a lower class in the same class series, in the absence of a re-employment list or appropriate promotional eligible list.

2. Reinstatement is not a right which an employee may exercise at their option, but rather a means by which a department head may bring back an employee who has rendered fit and efficient service.

3. An ex-employee who is reinstated is not entitled to sick leave for prior service.

4. If there is a question of physical or mental ability or of knowledge and skills, proper examinations may be required by the Human Resources before an ex-employee can be reinstated. A medical examination may be required.

V D. RESIGNATION

1. An employee wishing to leave the Classified Service in good standing shall file with their supervisor at least 14 days before leaving the service, a written resignation stating the 943
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39 effective date and reasons for resigning. The resignation shall be forwarded to the Director of Human Resources with a statement by the department head evaluating the services of the employee.

2. Failure to comply with this section shall be entered on the employee's service record and may be cause for denying future employment with the City.

V E. SEVERANCE PAY
A permanent employee who is laid off due to reduction in force shall be entitled to severance pay in the amount of ten (10) days (pro-rated if permanent part-time) of unused sick leave for each year of continuous service up to a maximum of thirty (30) days' pay. Any such employee who is laid off and subsequently re-employed by the City shall only be entitled to receive severance pay for those workdays during which the individual was not in an employment status.

The City will maintain its regular level of contribution towards health and life insurance benefits for one (1) month, in addition to providing a second month of full coverage, for any permanent employee who is laid off.

V F. REASSIGNMENT
A department head shall have the right to reassign any employee from one position to any other position in the same class in their department. Factors to be considered when determining respective job assignments for permanent employees will include seniority as well as training, past performance and experience. However, no employee shall be reassigned from one position to another position in the same class in a different department unless both department heads consent and the employee so requests in writing; providing that, in the best interests of the service and upon the recommendation of the Director of Human Resources, the City Manager may so reassign an employee whether or not they request it. An employee shall be given at least ten working days advance notice of a reassignment, except in event of an emergency.

Reassignment shall not be used to bring about promotion, demotion, advancement, reduction, or for disciplinary reasons without having an opportunity to go through the necessary appeal process, e.g., Skelly meeting and grievance.

V G. TRANSFER

1. All vacancies shall be posted on appropriate bulletin boards so that present City employees may request transfer.

2. Employees wishing to transfer within the City, must respond to position announcements in writing to the Human Resources Department.

3. There is a sixty (60) day "probationary period" for employees who transfer in the same class between departments. Either the employee or the City may decide that the employee should return to their former position and department during that probationary period. 944
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40 V H. ORAL INTERVIEWS - UNION OBSERVER
The Director of Human Resources may authorize a representative of the Union, other than an employee of the City, to sit as an observer of an interview board convened for the purpose of interviewing promotional candidates if any such candidate requests it. If approved, the observer must attend each interview for each candidate in the promotional examination.

V I. PAY DAYS
If the 1st or 16th day of the month falls on Saturday or Sunday, the preceding Friday shall be the pay day.

V J. SEWER MAINTENANCE TITLES

1. Community and Cultural Services Department employees covered by this Memorandum of Understanding and assigned to the Sewer Crew shall receive a five percent differential above their base salary.

2. Workers assigned to the Sewer Crew shall be classified as Sewer Maintenance Worker, Sewer Maintenance Operator or Sewer Maintenance Leadworker.

3. This titling shall not effect either the requirements or method of selection for the positions involved nor shall it prevent an employee from returning to a position outside the Sewer Maintenance Section.

V K. ACTION FORMS
Employees will receive a copy of any Personnel Action Form which increases salaries as a result of within-range step increase, merit increase, promotion, or work in a higher classification.

V L. PERSONNEL FILES

1. Employees may inspect their personnel files in the central Human Resources Department or their department.

2. An employee will be given a copy of any derogatory information placed in the personnel file of the central Human Resources Department or their department.

3. Any derogatory information placed in the department personnel file must be placed in the central personnel file within fifteen (15) days.

V M.EXAMINATION ANNOUNCEMENTS
The City will distribute copies of all examination announcements to all City departments, including major divisions within departments as well as the business agent for Local 1021 and one City union official designated by Local 1021.
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41 V N. NEPOTISM
• General Policy
The City of Richmond is committed to fostering a professional work environment where all employees are treated fairly and impartially by their supervisors. Personal relationships very often cause problems in the workplace, such as a lack of objectivity toward a subordinate's job performance, the perception of favoritism by other employees (whether justified or not), and potential sexual harassment or discrimination complaints once relationships end. Accordingly, supervisors are prohibited from dating, engaging in amorous relationships with or participating in sexual relationships with employees who report to them directly or indirectly. In addition, employees are not allowed to work in a position that would result in that employee directly or indirectly supervising or reporting to an immediate family member or significant other as defined below. This policy covers all family-like relationships regardless of blood or legal relationship. • Employee Marriages
Upon the adoption of this policy, employees are prohibited from working in jobs where they directly or indirectly report to, or are supervised by, an immediate family member.

City employees are required to immediately notify the Director of Human Resources of a relationship that violates this policy. Should a situation exist that is prohibited by this policy, either related employee may request a transfer in order to comply with this policy.

When possible, the City will attempt to accommodate the transfer request. The City reserves the right not to transfer an employee based on business considerations. If a transfer is not approved or if neither employee requests a transfer, the City shall terminate the employee with the least seniority.

Exemption: Employees that are working in a position where they directly or indirectly supervise or report to an immediate family member on the date this policy is adopted shall be exempt from the provisions of this policy that prohibit an such working relationships.

Employees who violate this policy will be subject to disciplinary action up to and including termination.

Questions concerning the application of this policy to an employee or applicant should be directed to the Human Resources Department.

V O. UTILIZING THE LEAP PROGRAM
Employees who are students of the City's "LEAP" program may receive up to four hours a month of release time to attend LEAP training during the employee's normal working day. The release time must be matched on an hour for hour basis by the employee participating in LEAP on their own time. For instance, if an employee participated in LEAP training for two hours on weekends or evenings, they could participate for an additional two hours during normal working hours. 946
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42 V P. FLEXIBLY STAFFED POSITIONS
The City and Union agree to meet to discuss the current problem of employees in flexibly staffed positions working in a higher classification without compensation. The City and Union will meet to identify the relevant classifications and develop a process to address the issue.

ARTICLE VI - GRIEVANCE AND APPEAL
VI A. GRIEVANCE DEFINITION AND PROCEDURE
This article establishes a procedure to hear and resolve grievances concerning issues subject to the procedure.

A grievance is an allegation by the Union or one or more employees that the City has violated the Memorandum of Understanding (MOU) concerning the interpretation, enforcement, or application of a specific provision of this MOU. An alleged violation that can be raised as a defense of any kind to a disciplinary action must be raised in the appeal to the disciplinary action and may not be grieved under this Section.

1. Time Limits: The employee and/or the Union must initiate a grievance within twenty-one (21) calendar days (all time limits in this section use “days” to mean “calendar days”) of the occurrence of the dispute or twenty-one (21) days from such time as the employee could have been aware of the problem. At each grievance procedure step, the City representatives shall have fourteen (14) days to respond to the grievance, unless specified otherwise below.

The Union or employee shall have fourteen (14) days from receiving notice of a rejected grievance to forward the grievance to the next higher step. The time limits of the grievance procedure (including those for meetings) may be extended by mutual agreement of the parties. Failure of the Union or employee to act within the specified time limits, unless mutually extended, shall dismiss and nullify the grievance. Failure of the City to observe such time limits, unless mutually extended, shall cause the grievance to be moved to the next higher step. Furthermore, by mutual agreement in writing, the parties may bypass meetings or steps set forth in this process.

2. Compensation Complaints: All complaints involving or concerning the payment of compensation shall be initially filed in writing with the Director of Human Resources.

Complaints involving or concerning the payment of compensation are subject to this grievance procedure only if they conform to the definition of “grievance” stated above.

Any other matters of compensation are to be resolved in the meeting and conferring process and if not detailed in the Memorandum of Understanding which results from such meeting and conferring process shall be deemed withdrawn until the meeting and conferring process is next opened for such discussion. No adjustment shall be retroactive for more than three (3) years from the date upon which the grievance was filed.

3. Procedure:

Step 1: Immediate Supervisor.

An employee (or Union) who believes that they have a grievance shall discuss their 947
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43 complaint with their immediate supervisor (or such management official designated by the department head). This meeting shall be held in an effort to resolve the grievance informally. The immediate supervisor/management employee will have fourteen (14) days from the date of the informal discussion to respond to the filer of the grievance. If an agreement is reached to resolve the issue, the immediate supervisor/management employee will confirm the outcome in writing.

Step 2: Department Director.

If the parties do not resolve the grievance at Step 1, the Union or employee shall submit the grievance in writing to the employee’s department director or designee. The department director or designee will meet with the grievant within fourteen (14) days of having received the grievance and shall reply within ten (10) days following said meeting.

Step 3: Director of Human Resources.

If the parties do not resolve the grievance at Step 2, the Union or employee shall submit the grievance in writing to the Director of Human Resources. The Director of Human Resources will meet with the grievant within twenty-one (21) days of having received the grievance and shall reply within ten (10) days following said meeting.

Step 4: Mediation.

If the parties are unable to reach a mutually satisfactory accord on any grievance, the parties shall have fourteen (14) days to decide, by mutual agreement, to submit the dispute to mediation. Unless there is mutual agreement to mediate, the grievance shall move to Step

5. The mediation will be convened within forty-five (45) days of receipt of the timely request for mediation. The mediator will either be a mediator from the State Mediation and Conciliation Services or a mediator mutually agreeable to the City and the Union.

If a State mediator is not timely available and the parties are unable to mutually agree on a mediator, the parties shall request a list of seven (7) mediators from the State Mediation and Conciliation Service. After the receipt of the list, following the toss of a coin with the Union predicting either heads or tails, the Union, if the “winner” or the City if the Union is not the “winner,” shall strike the first name and the parties alternatively strike mediator names from the list until one name remains. That remaining name shall be the assigned mediator unless the mediator is unavailable during the next forty-five (45) days and then the second to last name shall remain. (The process of moving up the names if the mediator is unavailable during the next forty-five (45) days shall continue until a mediator is timely available.) Any fees and expenses of the mediator shall be shared equally by the Union and the City. Each party shall bear the costs of its own presentation, preparation, and briefs, etc.

Step 5: Arbitration.

If the matter still remains unresolved, the Union may request arbitration.

An impartial arbitrator may be designated by mutual agreement between the Union and the Director of Human Resources or designee. In the event the parties are unable to agree on an arbitrator, the parties shall request a list of seven (7) arbitrators from the State Mediation and Conciliation Service. After the receipt of the list, following the toss of a coin with the Union predicting either heads or tails, the Union, if the “winner” or the City if the Union 948
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44 is not the “winner,” shall strike the first name and the parties alternatively strike arbitrator names from the list until one name remains. The parties shall select an arbitrator within ten (10) days of the Parties’ receipt of the list of arbitrators from the State Mediation and Conciliation Service. Any fees and expenses of the arbitrator shall be shared equally by the Union and the City. Each party shall bear the costs of its own presentation, preparation, and briefs, etc.

The arbitrator shall have access to all written statements and documents relevant to the grievance. The arbitrator shall render a decision no later than thirty (30) days after the conclusion of the hearing. The arbitrator’s decision shall be in writing and shall be final and binding on both parties and made in accordance with, and in conformance to, the terms of this MOU. Copies of the decision will be furnished to both parties.

The arbitrator shall have no authority to add to, delete, or alter any provision of this MOU, but shall limit the decision to the scope, application, and interpretation of the provisions of this MOU and may issue no decision that would require either party to violate existing law.

VI B.DISCIPLINE

1. Written Reprimand. Written reprimands may be appealed to the employee’s department director within fourteen (14) days following receipt of the reprimand. The department director’s response to the appeal shall be final. The employee and/or the Union may submit a statement of rebuttal within ten (10) days of the employee’s receipt of the reprimand which shall be maintained with the reprimand in the employee’s file for so long as the reprimand remains.

2. Disciplinary Action (Demotion, Unpaid Suspension, Dismissal, Reduction in Pay).

2.1 The City shall issue a written Notice of Intent to Discipline to the employee. The written notice shall include:
a) a description of the proposed action and its effective date(s); b) a clear and concise statement of the reasons for such action, including the acts or omissions on which the disciplinary action is based;
c) a statement advising the employee has the right to respond, either verbally or in writing, to the proposed disciplinary action and the employee’s written response or employee’s request to present a verbal response must be made within fourteen (14) days of the written notice;
d) a statement advising the employee that an untimely response constitutes a waiver of the right to respond; an
e) a statement that a copy of the materials upon which the action is based is attached or available for inspection upon request.

2.2 If the employee elects to respond in person, a meeting will be scheduled with the “Skelly Officer” at which time the employee will be given the opportunity to respond to the proposed action. The employee is entitled to be represented by a person of their choosing at the meeting. The Skelly meeting ensures that the employee has been informed of the allegation(s) through a notice of intended disciplinary action, has 949
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45 received (or had the opportunity to receive) the materials upon which the proposed disciplinary action is based, has the opportunity to refute the allegations, and has an opportunity to mitigate the allegations or rehabilitate their standing with the City prior to the imposition of any actual disciplinary action. The function of the Skelly Officer is to provide an objective review of the proposed discipline and the employee’s response. The Human Resources Director or designee shall select a Skelly Officer who is not in the same department as the employee receiving discipline. Furthermore, the Skelly Officer shall not be a participant in the disciplinary action or a witness to event(s) giving rise to the disciplinary action. The Skelly Officer makes a recommendation to the department director as to whether the disciplinary action should be sustained, modified in some way, or revoked.

2.3 After receiving the recommendation from the Skelly Officer following the Skelly meeting, or if the employee elects to respond in writing, does not respond in writing, or is untimely in responding in writing (or requesting to respond orally), then the City shall issue a Notice of Discipline or a notice rescinding the notice of intent to discipline.

No action to impose discipline against an employee shall be initiated more than ninety (90) days from the date of the conclusion of a timely formal investigation except for conduct which would constitute the commission of a crime. Initiation of discipline for the purposes of this provision is the date of the charging letter or notice. The discipline imposed may take into account conduct which is documented in the employee’s personnel file or was the subject of a prior disciplinary action.

3. Post-Discipline Appeal Procedure for Disciplinary Actions Other than Reprimand.

An employee may within fourteen (14) days appeal the Notice of Discipline as follows:

Personnel Board. A disciplinary action appeal to the Personnel Board shall be under Personnel Rule IX (Appeals-Hearings) as existing as of July 1, 2021, or under applicable Personnel Rules as amended from time-to-time. Any action by the Personnel Board is advisory to the City Manager. The City Manager or designee will then issue a final decision within fourteen (14) days of receiving the recommendation and may, but is not required, to accept the Personnel Board’s recommendation. In the event the City Manager/designee does not accept the Personnel Board’s recommendation, then the Personnel Board may submit, within fourteen (14) days of the City Manager’s decision a recommendation to the City Council for the Council’s review and the City Council shall take action as described in Personnel Rule IX (Appeal-Hearings) Section 5 as existing as of July 1, 2021, or as may be amended from time-to-time.

OR
Arbitration. The Union may request arbitration in lieu of a presentation to the Personnel Board. An impartial arbitrator may be designated by mutual agreement between the Union and the Director of Human Resources or designee. In the event the parties are unable to agree on an arbitrator, the parties shall request a list of seven (7) arbitrators from the State Mediation and Conciliation Service. After the receipt of the list, following the toss of a coin, the Union shall strike first if the coin lands heads-up and the City shall strike first if 950
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46 the coin lands tails-up. Thereafter, the parties shall alternatively strike arbitrator names from the list until one name remains. Any fees and expenses of the arbitrator shall be shared equally by the Union and the City. Each party shall bear the costs of its own presentation, preparation, and briefs, etc.

The arbitrator shall have access to all written statements and documents relevant to the discipline appeal. The arbitrator shall render a decision no later than thirty (30) days after the conclusion of the hearing. The arbitrator’s decision shall be in writing and shall be final and binding on both parties and made in accordance with, and in conformance to, the terms of this MOU. Copies of the decision will be furnished to both parties.

The arbitrator shall have no authority to add to, delete, or alter any provision of this MOU, but shall limit the decision to the scope, application and interpretation of the provisions of this MOU and may issue no decision that would require either party to violate existing law.

ARTICLE VII - RESOLUTION
VII A.TERM OF AGREEMENT
This Memorandum of Understanding shall be in full force commencing July 1, 2025 and ending June 30, 2028.

VII B.CONTRACTING OUT/TEMPORARY EMPLOYEES

1. The City will notify the Union at least forty-five (45) days in advance of any action taken by the City to contract or subcontract work customarily performed by the members of the General Employee Bargaining Unit, and the Union shall be provided an opportunity to discuss with the City any effect of such contracting or subcontracting upon the members of the bargaining unit.

2. The City shall not, during the term of this MOU, contract out any work in the areas of (1) street sweeping, (2) parks and recreation centers, or (3) libraries. Further, the City certifies that as of the effective date of this Agreement it has no intent to contract out any further work in the areas of street maintenance or “signs and lines.”

3. Any seasonal, contract, and/or temporary employee performing work customarily performed by members of the bargaining unit (defined for purposes of identification as employees hired in any of the classes represented herein) shall not be employed for more than 180 days in any 12-month period without a specific extension signed by the Parties hereto. The City will provide formal notification to the employee of their starting and ending employment dates. When competent medical authority (i.e., physician or psychologist) states that an employee will be unavailable to return to work within the 180 days specified above, that position may continue to be filled by a temporary employee up to a maximum of 270 days.

4. The City shall provide the Union a list of all temporary and grant workers on the first working day of each month.
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47 5. Grant employees: Grant appointments (full-time or part-time) in classifications covered by this contract, hired specifically for projects that are exclusively funded by limited term grant funds shall be called "Grant Appointments". If and when the City chooses to create any such positions, the City and Union will meet and confer prior to the positions being filled.

Persons applying for grant positions must pass minimum standards for the classification applicable.

These employees will pay union dues and be eligible for all the benefits employees covered by this agreement receive with the exception of seniority. Upon termination of the grant the employee's service will be terminated without the opportunity to utilize the layoff and bumping procedures.

In the event that a grant is extended beyond its original term or one year, whichever is shorter, the City will meet and confer with the Union regarding incorporating the employee into regular status with the City or granting a one-time extension of the appointment.

VII C.AGREEMENTS FURNISHED
A new Memorandum of Understanding incorporating the terms and conditions of this settlement will be printed with joint efforts to accomplish this within sixty (60) days following the execution of this Memorandum of Understanding. The cost of printing these agreements in a quality acceptable to both groups will be shared equally by the City and the Union. The salary schedule will be published as part of the MOU.

VII D.CONTINUATION OF BENEFITS
Upon the expiration of this Memorandum of Understanding, the terms and conditions of employment negotiated and ratified by the parties hereto shall continue in effect until agreement is reached on a new Memorandum of Understanding or the parties hereto exhaust impasse procedures.

VII E.FULL UNDERSTANDING
The parties understand that the agreements set forth herein are final. No change or modifications shall be offered, urged, or otherwise presented by the Union or the City prior to June 30, 2028; However, nothing herein shall prevent the parties to this Memorandum of Understanding from meeting and conferring and making modifications herein by mutual consent.

VII F. SEVERABILITY OF PROVISIONS
In the event one or more provisions of this Memorandum of Understanding are declared by a Court or administrative body of competent jurisdiction to be illegal or unenforceable, such findings shall not affect any other provisions of this Memorandum of Understanding, all of which other provisions shall remain in full force and effect.
952
SEIU Local 1021
2025-2028 Memorandum of Understanding
48 VII G. RETROACTIVITY
City agrees that any retroactivity involved in the final disposition of this Memorandum of Understanding shall apply to base salary, overtime, acting pay, and other forms of compensation unless otherwise stated herein.

VII H. NO STRIKE/NO LOCKOUT PROVISION
During the term of this Memorandum of Understanding, the Union shall not engage in any strike, work stoppage, work slowdown, or job action against the City; and the City shall not engage in any lockout of Union members.

VII I. UNION BUG
City forms printed in the City of Richmond duplicating shop shall have a Local 1021 "bug" on them. The parties will agree to the size of the union bug. No additional operational practices or salaries will be required by the City as a result of this section.

VII J. LABOR/MANAGEMENT ORGANIZATIONAL DISCUSSIONS
The City and the Union agree to hold quarterly Labor/Management Organizational Discussions to address common goals of increasing long-term institutionalized cost savings, maximizing the service provided to Richmond residents, limiting the need for future layoffs, and ensuring compliance with the terms of the 2003 mediated layoff grievance settlement. In addition, the City and the Union will use an outside facilitator from either the State or Federal Mediation Services to assist in arranging and holding such meetings.

For the Union: For the City:
______________________________ ______________________________ Ronald Collins Jack Hughes
Chief Negotiator Chief Negotiator
SEIU Local 1021 City of Richmond
_____________________________ _________________________________ Josiah Branaman Nickie Mastay
Field Representative Deputy City Manager
SEIU Local 1021 City of Richmond
_____________________________ _________________________________ Kevin Tisdell LaShonda White
President Deputy City Manager
SEIU Local 1021 City of Richmond
953
SEIU Local 1021
2025-2028 Memorandum of Understanding
49 _____________________________ ___________________________________ Henry Powell Sharrone Taylor
Vice President Director of Human Resources
Richmond Chapter, SEIU Local 1021 City of Richmond
_____________________________ ____________________________________ Angela Cox Emily Combs
Bargaining Team Member Director of Finance
Richmond Chapter, SEIU Local 1021 City of Richmond
_______________________________ _______________________________ Isaac Martinez Catherine Selkirk
Bargaining Team Member Human Resources Manager
Richmond Chapter, SEIU Local 1021 City of Richmond
_______________________________
Fidencio Morales
Bargaining Team Member
Richmond Chapter, SEIU Local 1021
_______________________________
Rosanne Ryken
Bargaining Team Member
Richmond Chapter, SEIU Local 1021
___________________________
Tania Swartz
Bargaining Team Member
Richmond Chapter, SEIU Local 1021
______________________________
Sheila Williams
Bargaining Team Member
Richmond Chapter, SEIU Local 1021
954
SEIU Local 1021
2025-2028 Memorandum of Understanding
50 ATTACHMENT A – CLASSIFICATIONS
City of Richmond
SEIU Local 1021 Full - Time General Employees
Effective June 30, 2025
Job Class Title Range Step 1 Step 2 Step 3 Step 4 Step 5 Accountant I G106 $7,137.60 $7,494.48 $7,869.22 $8,262.66 $8,675.82 Accountant I G106 $7,137.60 $7,494.48 $7,869.22 $8,262.66 $8,675.82 Accountant II G108 $8,587.50 $9,016.86 $9,467.70 $9,941.10 $10,438.16 Accounting Assistant G102 $4,998.90 $5,248.84 $5,511.28 $5,786.84 $6,076.20 Administrative Assistant G105 $6,518.38 $6,844.28 $7,186.50 $7,545.82 $7,923.10 Administrative Trainee G101 $4,586.14 $4,815.46 $5,056.22 $5,309.04 $5,574.50 Accountant I G106 $7,137.60 $7,494.48 $7,869.22 $8,262.66 $8,675.82 Aquatic Specialist G101 $4,586.14 $4,815.46 $5,056.22 $5,309.04 $5,574.50 Assistant Engineer G109 $9,435.52 $9,907.28 $10,402.64 $10,922.78 $11,468.92 Assistant Planner G106 $7,137.60 $7,494.48 $7,869.22 $8,262.66 $8,675.82 Assistant Transportation Planner G106 $7,137.60 $7,494.48 $7,869.22 $8,262.66 $8,675.82 Associate Planner G107 $7,824.60 $8,215.82 $8,626.62 $9,057.94 $9,510.84 Associate Transportation Planner G107 $7,824.60 $8,215.82 $8,626.62 $9,057.94 $9,510.84 Asst Police Property Tech G102 $4,998.90 $5,248.84 $5,511.28 $5,786.84 $6,076.20 Auditorium Leadworker G204 $5,959.64 $6,257.62 $6,570.50 $6,899.04 $7,243.98 Bookmobile Driver/Library Asst G102 $4,998.90 $5,248.84 $5,511.28 $5,786.84 $6,076.20 Building Inspector 052B $7,163.74 $7,512.26 $7,890.12 $8,275.42 $8,677.10 Building Trades Worker I G203 $5,455.06 $5,727.80 $6,014.20 $6,314.90 $6,630.64 Building Trades Worker II 138 $6,886.16 $7,218.80 $7,579.22 Building Trades Worker, Senior G206 $7,137.60 $7,494.48 $7,869.22 $8,262.66 $8,675.82 Business License Field Invest. G103 $5,455.06 $5,727.80 $6,014.20 $6,314.90 $6,630.64 Business License Specialist G105 $6,518.38 $6,844.28 $7,186.50 $7,545.82 $7,923.10 Business Services Specialist G106 $7,137.60 $7,494.48 $7,869.22 $8,262.66 $8,675.82 Buyer I 043H $6,079.96 $6,348.46 $6,630.64 $6,936.32 $7,257.66 Buyer II 052D $7,301.22 $7,650.68 $8,036.38 $8,425.74 $8,838.40 Cable TV Engineering Sppt Asst G101 $4,586.14 $4,815.46 $5,056.22 $5,309.04 $5,574.50 Cable TV Prod Support Asst G101 $4,586.14 $4,815.46 $5,056.22 $5,309.04 $5,574.50 Carpenter G206 $7,137.60 $7,494.48 $7,869.22 $8,262.66 $8,675.82 City Clerk Admin Specialist G104 $5,959.64 $6,257.62 $6,570.50 $6,899.04 $7,243.98 Code Enforcement Officer I G105 $6,518.38 $6,844.28 $7,186.50 $7,545.82 $7,923.10 Code Enforcement Officer II 052B $7,163.74 $7,512.26 $7,890.12 $8,275.42 $8,677.10 Comb. Equip Mechanic Lead Wkr G207 $7,824.60 $8,215.82 $8,626.62 $9,057.94 $9,510.84 Comb. Equipment Mechanic G206 $7,137.60 $7,494.48 $7,869.22 $8,262.66 $8,675.82 Communications Call Taker G101 $4,586.14 $4,815.46 $5,056.22 $5,309.04 $5,574.50 Communications Dispatcher I G104 $5,959.64 $6,257.62 $6,570.50 $6,899.04 $7,243.98 Communications Dispatcher II G107 $7,824.60 $8,215.82 $8,626.62 $9,057.94 $9,510.84 Communications Dispatcher III G108 $8,587.50 $9,016.86 $9,467.70 $9,941.10 $10,438.16 Community Intervention Specialist G205 $6,518.38 $6,844.28 $7,186.50 $7,545.82 $7,923.10 Community Services Technician G103 $5,455.06 $5,727.80 $6,014.20 $6,314.90 $6,630.64 Compliance Specialist G104 $5,959.64 $6,257.62 $6,570.50 $6,899.04 $7,243.98 Construction Inspector I G106 $7,137.60 $7,494.48 $7,869.22 $8,262.66 $8,675.82 Construction Inspector II G107 $7,824.60 $8,215.82 $8,626.62 $9,057.94 $9,510.84 Crime Analysis Technician G104 $5,959.64 $6,257.62 $6,570.50 $6,899.04 $7,243.98 Crime Prevention Specialist G105 $6,518.38 $6,844.28 $7,186.50 $7,545.82 $7,923.10 Crime Scene Technician G104 $5,959.64 $6,257.62 $6,570.50 $6,899.04 $7,243.98 Deputy City Clerk 052H $7,367.74 $7,725.62 $8,109.48 $8,503.98 $8,923.26 955
SEIU Local 1021
2025-2028 Memorandum of Understanding
51 Duplicating Mail Specialist 18 $4,693.54 $4,927.86 $5,174.10 $5,432.88 $5,703.98 Electrician I G205 $6,518.38 $6,844.28 $7,186.50 $7,545.82 $7,923.10 Electrician II 145 $7,197.66 $7,576.80 $7,976.02 $8,370.50 $8,755.54 Environmental Compliance Insp 052G $7,425.14 $7,781.38 $8,172.10 $8,569.82 $8,988.32 Equipment Mechanic I G202 $4,998.90 $5,248.84 $5,511.28 $5,786.84 $6,076.20 Equipment Mechanic II G204 $5,959.64 $6,257.62 $6,570.50 $6,899.04 $7,243.98 Equipment Mechanic, Senior G205 $6,518.38 $6,844.28 $7,186.50 $7,545.82 $7,923.10 Equipment Operator G204 $5,959.64 $6,257.62 $6,570.50 $6,899.04 $7,243.98 Equipment Parts Specialist G205 $6,518.38 $6,844.28 $7,186.50 $7,545.82 $7,923.10 Equipment Parts Storekeeper G203 $5,455.06 $5,727.80 $6,014.20 $6,314.90 $6,630.64 Executive Assistant I G104 $5,959.64 $6,257.62 $6,570.50 $6,899.04 $7,243.98 Executive Assistant II G105 $6,518.38 $6,844.28 $7,186.50 $7,545.82 $7,923.10 Facilities Maintenance Worker I G201 $4,586.14 $4,815.46 $5,056.22 $5,309.04 $5,574.50 Facilities Maintenance Worker II 129 $5,646.84 $5,901.22 $6,160.30 Family Literacy Specialist G105 $6,518.38 $6,844.28 $7,186.50 $7,545.82 $7,923.10 Gardener 129 $5,646.84 $5,901.22 $6,160.30
Groundskeeper G201 $4,586.14 $4,815.46 $5,056.22 $5,309.04 $5,574.50 Housing Assistance Representative G101 $4,586.14 $4,815.46 $5,056.22 $5,309.04 $5,574.50 Housing Finance Representative G103 $5,455.06 $5,727.80 $6,014.20 $6,314.90 $6,630.64 Housing Program Specialist G101 $4,586.14 $4,815.46 $5,056.22 $5,309.04 $5,574.50 Housing Program Specialist, Senior G103 $5,455.06 $5,727.80 $6,014.20 $6,314.90 $6,630.64 Housing Representative 48 $6,041.52 $6,330.18 $6,617.06 $6,936.20 $7,283.26 Human Resources Technician I G103 $5,455.06 $5,727.80 $6,014.20 $6,314.90 $6,630.64 Human Resources Technician II G104 $5,959.64 $6,257.62 $6,570.50 $6,899.04 $7,243.98 Human Resources Technician III G105 $6,518.38 $6,844.28 $7,186.50 $7,545.82 $7,923.10 Information Technology Assistant G104 $5,959.64 $6,257.62 $6,570.50 $6,899.04 $7,243.98 Jailer G103 $5,455.06 $5,727.80 $6,014.20 $6,314.90 $6,630.64 Junior Engineer G107 $7,824.60 $8,215.82 $8,626.62 $9,057.94 $9,510.84 Lead Police Records Specialist 46 $5,799.68 $6,041.52 $6,330.18 $6,617.06 $6,936.20 Learning Center Coordinator G105 $6,518.38 $6,844.28 $7,186.50 $7,545.82 $7,923.10 Lending Library Specialist G104 $5,959.64 $6,257.62 $6,570.50 $6,899.04 $7,243.98 Librarian I G105 $6,518.38 $6,844.28 $7,186.50 $7,545.82 $7,923.10 Librarian II G106 $7,137.60 $7,494.48 $7,869.22 $8,262.66 $8,675.82 Library Assistant I G101 $4,586.14 $4,815.46 $5,056.22 $5,309.04 $5,574.50 Library Assistant II G103 $5,455.06 $5,727.80 $6,014.20 $6,314.90 $6,630.64 Library Associate G104 $5,959.64 $6,257.62 $6,570.50 $6,899.04 $7,243.98 Library Info Systems Support Tech G104 $5,959.64 $6,257.62 $6,570.50 $6,899.04 $7,243.98 Maintenance Lead Worker G205 $6,518.38 $6,844.28 $7,186.50 $7,545.82 $7,923.10 Maintenance Mechanic I G202 $4,998.90 $5,248.84 $5,511.28 $5,786.84 $6,076.20 Maintenance Mechanic II G204 $5,959.64 $6,257.62 $6,570.50 $6,899.04 $7,243.98 Maintenance Worker I G201 $4,586.14 $4,815.46 $5,056.22 $5,309.04 $5,574.50 Maintenance Worker II G203 $5,455.06 $5,727.80 $6,014.20 $6,314.90 $6,630.64 MIS Technician G104 $5,959.64 $6,257.62 $6,570.50 $6,899.04 $7,243.98 Neighborhood Change Agent G104 $5,959.64 $6,257.62 $6,570.50 $6,899.04 $7,243.98 Office Assistant 14 $4,686.02 $4,919.40 $5,164.80 $5,425.78 $5,696.24 Office Specialist G103 $5,455.06 $5,727.80 $6,014.20 $6,314.90 $6,630.64 ONS Field Coordinator 052D $7,301.22 $7,650.68 $8,036.38 $8,425.74 $8,838.40 Painter G206 $7,137.60 $7,494.48 $7,869.22 $8,262.66 $8,675.82 Paralegal G107 $7,824.60 $8,215.82 $8,626.62 $9,057.94 $9,510.84 Parking Enforcement Representative G102 $4,998.90 $5,248.84 $5,511.28 $5,786.84 $6,076.20 Parks Construction & Maint Worker G203 $5,455.06 $5,727.80 $6,014.20 $6,314.90 $6,630.64 Payroll Coordinator G105 $6,518.38 $6,844.28 $7,186.50 $7,545.82 $7,923.10 Payroll Specialist G104 $5,959.64 $6,257.62 $6,570.50 $6,899.04 $7,243.98 Permit Technician I G103 $5,455.06 $5,727.80 $6,014.20 $6,314.90 $6,630.64 Permit Technician II G104 $5,959.64 $6,257.62 $6,570.50 $6,899.04 $7,243.98 956
SEIU Local 1021
2025-2028 Memorandum of Understanding
52 Planning Technician I G102 $4,998.90 $5,248.84 $5,511.28 $5,786.84 $6,076.20 Planning Technician II G104 $5,959.64 $6,257.62 $6,570.50 $6,899.04 $7,243.98 Police Assistant 34 $5,115.50 $5,305.32 $5,500.78 $5,706.38 $5,943.12 Police Property Technician G103 $5,455.06 $5,727.80 $6,014.20 $6,314.90 $6,630.64 Police Records Specialist 034A $5,048.42 $5,299.68 $5,563.58 $5,842.50 $6,134.40 Prop Maint & Housing Inspector 052B $7,163.74 $7,512.26 $7,890.12 $8,275.42 $8,677.10 Purchasing Assistant G102 $4,998.90 $5,248.84 $5,511.28 $5,786.84 $6,076.20 Recreation Program Coordinator G104 $5,959.64 $6,257.62 $6,570.50 $6,899.04 $7,243.98 Registration Specialist G103 $5,455.06 $5,727.80 $6,014.20 $6,314.90 $6,630.64 Resident Housing Manager G101 $4,586.14 $4,815.46 $5,056.22 $5,309.04 $5,574.50 R-Transit Assistant G101 $4,586.14 $4,815.46 $5,056.22 $5,309.04 $5,574.50 R-Transit Driver G102 $4,998.90 $5,248.84 $5,511.28 $5,786.84 $6,076.20 R-Transit Driver Leadworker G104 $5,959.64 $6,257.62 $6,570.50 $6,899.04 $7,243.98 Senior Building Inspector G108 $8,587.50 $9,016.86 $9,467.70 $9,941.10 $10,438.16 Senior Cable Tv Prod Assistant G102 $4,998.90 $5,248.84 $5,511.28 $5,786.84 $6,076.20 Senior Electrician 147 $8,877.20 $9,296.50 $9,757.12 $10,227.20 $10,736.26 Senior Library Assistant G104 $5,959.64 $6,257.62 $6,570.50 $6,899.04 $7,243.98 Senior Maintenance Mechanic G205 $6,518.38 $6,844.28 $7,186.50 $7,545.82 $7,923.10 Senior Permit Technician G106 $7,137.60 $7,494.48 $7,869.22 $8,262.66 $8,675.82 Senior Resident Housing Manager G102 $4,998.90 $5,248.84 $5,511.28 $5,786.84 $6,076.20 Sr Environ Compliance Inspect G108 $8,587.50 $9,016.86 $9,467.70 $9,941.10 $10,438.16 Stationary Engineer G206 $7,137.60 $7,494.48 $7,869.22 $8,262.66 $8,675.82 Telephone Radio Specialist 137A $6,558.86 $6,886.38 $7,217.96 $7,579.22 $7,958.88 Tree Lead Worker G205 $6,518.38 $6,844.28 $7,186.50 $7,545.82 $7,923.10 Tree Trimmer G204 $5,959.64 $6,257.62 $6,570.50 $6,899.04 $7,243.98 Utility Lead Worker 135A $6,444.46 $6,741.80 $7,033.26
Vocational Constr Bldg Instructor G105 $6,518.38 $6,844.28 $7,186.50 $7,545.82 $7,923.10 Vol Tutor / Learner Coordinator G104 $5,959.64 $6,257.62 $6,570.50 $6,899.04 $7,243.98 Workforce Specialist I G104 $5,959.64 $6,257.62 $6,570.50 $6,899.04 $7,243.98 Workforce Specialist II G105 $6,518.38 $6,844.28 $7,186.50 $7,545.82 $7,923.10 957
SEIU Local 1021 ATTACHMENT B
2025-2028 Memorandum of Understanding
53 ATTACHMENT B – DEFINITIONS
CATASTROPHIC LEAVE: An employee suffering from a severe illness or injury expected to incapacitate the employee for an extended period or a similar illness or injury to a spouse, minor child or parent may apply for catastrophic leave. To be eligible, the employee must have been an employee of the City for at least one year and have exhausted all sick, vacation, and compensatory leave. The employee must also not be receiving any other leave payments such as workers compensation or long term disability. Application for catastrophic leave must be made through the employee’s Department Head. Employees may donate their vacation leave to the catastrophic leave bank to be used by a qualified employee.

CLASSIFICATIONS: A group of positions sufficiently similar with respect to their duties and responsibilities that (a) the same descriptive title may be used to designate the positions allocated to the classification (class), (b) the same basic minimum qualifications as to education and experience may be required of all incumbents, (c) the same selection devices may be used to screen qualified employees, and (d) the same salary rate or range can apply with equity under substantially the same working conditions.

EMERGENCY RETIREMENT: In the event an employee is suffering from terminal illness, they can initiate and emergency retirement to ensure the maximum benefits to their family. Employees wishing to initiate an emergency retirement must contact the Human Resources Management Department for assistance in obtaining and filling out the appropriate PERS forms.

FINGERPRINTING: As required by California Public Resources Code Section 5163 certain employees who work with or around children must be fingerprinted and have their records checked with the Department of Justice. This will occur upon initial hire or when an employee’s assignment is changed so that they fall under the Law’s requirement.

IMMEDIATE FAMILY: The immediate family of an employee shall include: wife, husband, mother, father, grandmother, grandfather, sister, brother, child, father-in-law, mother-in-law, brother-in-law, sister-in-law, stepchild, stepfather, stepmother, legal guardian, grandchildren, aunt, unable, domestic partner, as defined, and all minors living as a member of the family. In unusual cases, the City Manager may make exceptions to these restrictions.

Domestic partners are two adults who have chosen to share on another’s lives in an intimate and committed relationship of mutual caring, who live together, and who have agreed to be jointly responsible for basic living expenses incurred during the domestic partnership.

REASSIGNMENT: A department head may reassign an employee form one position to any other position in the same classification in their department.

REGISTERED DOMESIC PARTNER: For purposes of this MOU, when refereed to herein the term “Registered Domestic Partner” shall mean a person who meets the criteria specified in Section 297 of the Family Code of the State of California and who is duly registered as such by the California Secretary of State’s Office.
958
SEIU Local 1021 ATTACHMENT B
2025-2028 Memorandum of Understanding
54 TEMPORARY EMPLOYMENT: Temporary full-time or part-time employment is limited to a maximum of 180 calendar days or up to 270 days if the employee be replaced is unable to return due to illness.

TRANSFER: An employee’s voluntary request to move to another department or a position within their department within the same classification. Such transfers require the department head’s approval. If the move is from one department to another, the transfer will require both department heads’ approval.

TUBERCULOSIS TESTING: As required by California Public Resources Code Section 5164 certain employees who work with or around children are required to be tested for tuberculosis.

The County Health Department will determine what remedial actions are necessary if an employee tests positive.

WORKERS COMPENSATION CLAIM: If an employee is injured on the job or becomes ill due to work related conditions, the employee must report this to their supervisor as soon as possible.

The supervisor will provide the employee with the necessary claim forms and a pamphlet on employees’ Workers Compensation rights.

For more information, see section III.B.9 of this MOU and the City’s Health and Safety Manual. 959
SEIU Local 1021 ATTACHMENT C
2025-2028 Memorandum of Understanding
55 ATTACHMENT C – WEINGARTEN RIGHTS
The Supreme Court has ruled that an employee is entitled to have a Union representative present during any interview which may result in discipline. These are called your Weingarten Rights.

1. You must request that a Union representative be called into the meeting.

2. You must have a reasonable belief that discipline will result from the meeting.

3. You have the right to know the subject of the meeting and the right to consult your Union representative prior to that meeting to get advice.

4. Do not refuse to attend a meeting if a steward is requested but denied. The Union suggests you attend the meeting and repeatedly insist upon you right to have a Union representative present. If this fails, the Union suggests that you not answer any questions and take notes. 960
SEIU Local 1021 ATTACHMENT D
2025-2028 Memorandum of Understanding
56 ATTACHMENT D – BUILDING INSPECTORS’ CERTIFICATIONS
Proponent Agency Certification Title
ICBO1 Building Inspector
ICBO Building Code Accessibility/Usability Specialist
ICBO/IAEI2 Electrical Inspector
ICBO Plumbing Inspector
IAPMO3 Plumbing Inspector
IAPMO Mechanical Inspector
ICBO Combination Dwelling Inspector
ICBO Light Commercial Combination Inspector
ICBO Plans Examiner
ICBO Uniform Fire Code Inspector
IFCI4 Company Officer Fire Code Inspector
ICBO Structural Masonry
ICBO Structural Steel and Welding
ICBO Spray-applied Fireproofing
ICBO Reinforced Concrete
ICBO Prestressed Concrete
IAEI Electrical Inspector Plan Review
AACE5 Housing Inspector
AACE Zoning Inspector
NCPPI6 Elevator Inspector
NCPPI CABO One and Two Family Dwelling Inspector
IFCI Underground Storage Tank Certification
CACEO Certified Code Enforcement Officer
1 International Conference of Building Officials
2 International Association of Electrical Inspectors
3 International Association of Plumbing and Mechanical Officials 4 International Fire Code Institute
5 American Association of Code Enforcement
6 National Certification Program for Construction Code Inspectors 961
SEIU Local 1021 ATTACHMENT E
2025-2028 Memorandum of Understanding
57 ATTACHMENT E – SAFETY SHOE REIMBURSMENT CLASSIFICATION

LISTING
The following list is a representation of the classifications that are eligible for safety shoe reimbursement. This list is neither exhaustive nor definite, and classifications can be added by mutual agreement between the City and the Union.

Job Classification
Building Trades Worker I/II/Senior
Building Inspector
Carpenter
Code Enforcement Officer I/II
Combination Equipment Mechanic Lead Worker
Combination Equipment Mechanic
Crime Scene Technician
Electrician I/II/Senior
Equipment Mechanic I/II/Senior
Equipment Operator
Gardener
Groundskeeper
Jailer
Maintenance Lead Worker
Maintenance Worker I/II
Painter
Parking Enforcement Representative
Parks Construction & Maintenance Worker
Police Records Specialist
Resident Housing Manager
Senior Building Inspector
Stationary Engineer
Tree Lead Worker
Facilities Maintenance Worker I/II
962
SEIU Local 1021 ADDENDUM TO THE MOU
2025-2028 Memorandum of Understanding
58 ADDENDUM TO THE MOU

CIVILIAN PROBATIONARY REVIEW BOARD

1. Policy: The Chief of Police shall establish, within the Police Department, a Civilian Probationary Review Board which shall review, on a monthly basis, the performance of civilian probationary employees.

2. Authority:
a) The Civilian Probationary Employee Review Board shall have the authority to review and comment upon all evaluations of civilian probationary employees, both in terms of the process prescribed in this policy and the manner of its use. The Board shall recommend any necessary change in the training process or use of evaluations.
b) The board shall have the authority to summon any civilian probationary employee, trainer, or supervisor to appear before the Board in relation to any review/hearing process.
c) The Board shall have the authority to return evaluations for revision and/or clarification when deemed appropriate.

3. Function: The Civilian Probationary Review Board shall review all civilian probationary employees to include: Weekly evaluations packages, any other evaluations, material, disciplinary actions or written documents related to the civilian probationary employee.

4. Civilian Employee Review Board Appearances: In addition to review of written documents, the Board shall have the option to summon the civilian probationary employee to appear before the Board anytime during the training process. The Board shall summon the civilian probationary employee to appear after completion of the training process. a) Twelfth Month and Eighteenth Month Final Appearance: This appearance is mandatory for non-sworn probationary employees. For non-sworn employees making their twelfth month appearance (eighteenth month for Communications Dispatchers), the Board will make a final recommendation to the Chief of Police of either retention with permanent status or rejection from probation. b) Rejection Appearance (Hearing):
i. At the direction of the Chief, the Civilian Employee Review Board shall meet to review a recommendation for rejection of a civilian probationary employee at any time during the probation period. The Board shall review any and all available documentation relating to the rejection recommendation. ii. The Board may also summon trainers and/or supervisors involved in any way with the rejection recommendation for the purpose of making further inquiry. iii. The Board, upon completion of interviews and review, shall summon the civilian probationary employee in question to appear before the Board. The Board shall ensure that the employee is made aware of the recommendation for rejection and the cause (s) for it. The Employee shall then be given the opportunity to respond to any inquiries from Board members and explain their position. The probationary employee must be notified at least two (2) days before the hearing.
963
SEIU Local 1021 ADDENDUM TO THE MOU
2025-2028 Memorandum of Understanding
59 iv. Upon conclusion of the appearance by the employee in question, the Board shall, in closed session, make a determination as to a final recommendation and forward it to the Chief.

5. Civilian Employee Review Board Composition: The Civilian Probationary Employee Review Board shall include seven (7) civilian employee members and be diverse in its ethnic composition. A quorum shall consist of a minimum of five (5) voting members. a) Chairperson (1-Captain): The chairperson of the Board shall be a Captain appointed by the Chief of Police.
b) Board Members (2-Supervisors/Managers): The Chief of Police shall appoint two (2) civilian supervisors or managers.
c) Board Members (5-Civilian Employees): The Chief of Police will appoint five (5) non-supervisory civilian police employees to serve as members of the Probationary Review Board.
d) Training Section Sergeant: The Training Section Sergeant shall serve in an advisory capacity to the Board and shall be responsible for assembling submitted material and summoning personnel to appear before the Board.

6. Board Meetings:
a) The Board shall meet whenever directed by the Board Chairperson or upon recommendation from the Training Section Sergeant.
b) Civilian Probationary Review Board members shall not discuss any sensitive information or issues with non-board members unless directed to do so by the Board Chairperson or Chief of Police.
c) Distribution of “Employee Performance Evaluations” shall be coordinated to best coincide with meeting of the Board.
d) Final Probationary Performance Evaluations for civilian police employees are to be distributed forty-five (45) days before the employee’s anniversary date. The affected Bureau Commander will ensure its return to the Support Services Bureau at least ten (10) days before the employee’s anniversary date.

7. Documentation of Board Meetings:
a) The meeting of the Board shall be documented by the Training Sergeant. In her/his absence, the responsibility will be that of the chairperson or her/his designee. A file of those reports shall be maintained by the Training Section. b) All materials reviewed by the Board shall be returned to the Support Services Bureau or forwarded to their respective repositories.
c) The Chairperson of the Board shall submit to the Chief of Police a synopsis of the meeting.
964
SEIU Local 1021 ADDENDUM TO THE MOU
2025-2028 Memorandum of Understanding
60 ADDENDUM TO THE MOU

CITYWIDE SERVICE QUALITY COMMITTEE SIDE LETTER
Side Letter to the MOU
Between
United public employees, Local 790
and
City of Richmond

The City and the Union will meet to discuss creation of 4/10 and/or 9/80 schedules on a pilot basis for mutually agreed upon small scale trial areas. The pilot projects will begin by July 1, 1996 and last for a six month trial period. Written terms and conditions will be developed for the pilot project as were developed for similar scheduling for Dispatchers in the Police Department.

Larry Hendel, Representative Eric Larson
Workforce Relations Officer
965
Local 1021 INDEX
Memorandum of Understanding
61 INDEX
Acting Pay ......................................................................................................................................................................7 Action Forms................................................................................................................................................................41 Agreements Furnished ................................................................................................................................................48 Allowances...................................................................................................................................................................12 Attendance ..................................................................................................................................................................33 Bereavement Leave .....................................................................................................................................................19 Call Back Time................................................................................................................................................................8 Certifications and Licenses ..........................................................................................................................................30 Compensation Time.......................................................................................................................................................7 Continuation of Benefits..............................................................................................................................................48 Contracting Out ...........................................................................................................................................................47 Court Appearances......................................................................................................................................................28 Demotion.....................................................................................................................................................................12 Dental Plan ..................................................................................................................................................................17 Disability Insurance......................................................................................................................................................17 Discipline .....................................................................................................................................................................45 Discrimination Prohibited..............................................................................................................................................1 Dues Deduction .............................................................................................................................................................2 Employee Assistance Program.....................................................................................................................................35 Examination Announcements......................................................................................................................................41 Family and Medical Care Leave ...................................................................................................................................21 Family Sick Leave .........................................................................................................................................................21 Flexible Benefits Plan...................................................................................................................................................17 Floating Holidays .........................................................................................................................................................29 Full Understanding ......................................................................................................................................................48 General Provisions.........................................................................................................................................................1 Grievance Procedure ...................................................................................................................................................42 Grievance Time Limits .................................................................................................................................................43 Holidays.......................................................................................................................................................................28 Hours of Work .............................................................................................................................................................33 Indirect Pay..................................................................................................................................................................12 Injury Leave .................................................................................................................................................................26 Insurance .....................................................................................................................................................................12 Jury Duty......................................................................................................................................................................22 Labor/Management Organizational Discussions.........................................................................................................49 Layoff...........................................................................................................................................................................36 LEAP Program ..............................................................................................................................................................42 Leaves..........................................................................................................................................................................18 Leaves of Absence .......................................................................................................................................................18 Library Shift Differential ................................................................................................................................................9 Life Insurance...............................................................................................................................................................17 Long Term Disability Insurance....................................................................................................................................17 966
Local 1021 INDEX
Memorandum of Understanding
62 Meal Allowance ...........................................................................................................................................................29 Meal and Break Periods...............................................................................................................................................33 Medical Benefit Opt Out..............................................................................................................................................13 Medical Eligibility Changes ..........................................................................................................................................15 Medical Insurance .......................................................................................................................................................12 Meeting with Supervisors............................................................................................................................................35 Military Leave ..............................................................................................................................................................23 Mutual Rights ................................................................................................................................................................2 Nepotism .....................................................................................................................................................................41 No Strike/Lockout........................................................................................................................................................48 Parental Leave .............................................................................................................................................................22 Part-time Provisions ....................................................................................................................................................32 Pay Days.......................................................................................................................................................................40 Performance Evaluations.............................................................................................................................................11 Performance Reports, Probationary............................................................................................................................38 Personal/Professional Development...........................................................................................................................30 Personnel Files.............................................................................................................................................................41 Personnel Provisions....................................................................................................................................................36 Preamble........................................................................................................................................................................1 Probationary Period.....................................................................................................................................................37 Probationary Period, Length........................................................................................................................................37 Probationary Period, Rejection During........................................................................................................................38 Promotion..............................................................................................................................................................10, 11 Rain Gear .....................................................................................................................................................................31 Reassignment ..............................................................................................................................................................40 Recognition....................................................................................................................................................................2 Reinstatement .............................................................................................................................................................39 Resignation ..................................................................................................................................................................39 Retiree Medical ...........................................................................................................................................................15 Retroactivity ................................................................................................................................................................48 Safety Committee........................................................................................................................................................34 Safety Training .............................................................................................................................................................36 Salary .............................................................................................................................................................................7 Salary Advancement....................................................................................................................................................11 Severability of Provisions.............................................................................................................................................48 Severance Pay..............................................................................................................................................................39 Sewer Maintenance Titles ...........................................................................................................................................40 Shift Changes...............................................................................................................................................................34 Shift Differential ............................................................................................................................................................8 Sick Leave.....................................................................................................................................................................20 Sick Leave, Accrual Rate ..............................................................................................................................................20 Sick Leave, Conversion to PERS Credit.........................................................................................................................20 Sick Leave, Payment for Unused Sick Leave ................................................................................................................20 Standby Pay .................................................................................................................................................................10 Temporary Employees.................................................................................................................................................47 Term of Agreement .....................................................................................................................................................47 Tools ............................................................................................................................................................................31 Training Differential.......................................................................................................................................................9 967
Local 1021 INDEX
Memorandum of Understanding
63 Transfer........................................................................................................................................................................40 Tuition Reimbursement...............................................................................................................................................30 Uniforms......................................................................................................................................................................31 Union Bug ....................................................................................................................................................................48 Union Representation....................................................................................................................................................2 Vacation Leave.............................................................................................................................................................23 Vacation Leave, Accrual Rate.......................................................................................................................................23 Vacation Leave, Limitation ..........................................................................................................................................24 Vacation Sell Back........................................................................................................................................................26 Vacation Usage ............................................................................................................................................................26 Wellness Programs......................................................................................................................................................36 Work Units, Definition.................................................................................................................................................33 Work Week, Length .....................................................................................................................................................33 Workers Compensation (Injury Leave) Payments .......................................................................................................26 Working Conditions.....................................................................................................................................................33 Working Hours.............................................................................................................................................................33 968

December 16, 2025
Human Resources
DATE: December 16, 2025
TO: Mayor Martinez and Members of the City Council
FROM: Nickie Mastay, Deputy City Manager – Internal Services Sharrone Taylor, Director of Human Resources
Subject: Memorandum of Understanding between SEIU Local 1021 Part-Time Unit and the City of Richmond
FINANCIAL IMPACT: The estimated fiscal impact of the Memorandum of Understanding (MOU) for the Service Employees
International Union (SEIU) Local 1021 Part-Time and
Intermittent Employees Bargaining Unit for Fiscal Year
2025-26 is $25,463; Fiscal Year 2026-27 is $26,829;
Fiscal Year 2027-28 is $28,278 (Terms of agreement are
July 1, 2025, through June 30, 2028)

PREVIOUS COUNCIL
ACTION:

None.

STATEMENT OF THE
ISSUE:

The City’s Memorandum of Understanding (MOU) with
the Service Employees International Union (SEIU) Local
1021 Part-Time and Intermittent Employees Bargaining
Unit expired on June 30, 2025. SEIU Local 1021 PartTime and Intermittent Employees Bargaining Unit and the City have met and conferred in good faith regarding a
new MOU. On November 18, 2025, the parties reached a
Tentative Agreement which established a new MOU
effective July 1, 2025, through June 30, 2028. The
agreement has been ratified by the members of SEIU
Local 1021 Part-Time and Intermittent Employees. This
agreement is subject to final approval by the City Council.

AGENDA
REPORT
969

December 16, 2025
RECOMMENDED ACTION: ADOPT a resolution to APPROVE a successor Memorandum of Understanding (MOU) between the City
of Richmond and Service Employees International Union
(SEIU) Local 1021 Part-Time and Intermittent Employees
for the term of July 1, 2025, to June 30, 2028, and
DIRECT the city manager or their designee to update the publicly available salary schedule with the adopted wage increases during the term of the MOU – Human
Resources Department (Nickie Mastay/Sharrone Taylor
510-620-6602).

DISCUSSION:

The Memorandum of Understanding (MOU) between the City of Richmond and SEIU Local 1021 Part-Time and Intermittent Employees Bargaining Unit (“SEIU Local 1021”) expired on June 30, 2025. In April of 2025, City representatives and SEIU Local 1021 representatives began bargaining for a new Memorandum of Understanding (MOU).

The City and SEIU Local 1021 met on multiple occasions in 2025 and reached a Tentative Agreement (TA) on November 18, 2025, to establish a new MOU, effective July 1, 2025, through June 30, 2028. Members of SEIU Local 1021 ratified the TA on December 2, 2025. The major components are delineated below.  MOU Effective Dates: July 1, 2025, through June 30, 2028  Salary Adjustments:
o 5% base wage increase effective the pay period including July 1, 2025 o 5% base wage increase effective the pay period including July 1, 2026 o 5% base wage increase effective the pay period including July 1, 2027  Incorporates existing side letters granting Cesar Chavez and Juneteenth as holidays and increasing parental leave to four total weeks.  Various language changes in areas such as holidays, grievances, discipline, etc.

SEIU Local 1021 and the City negotiated in good faith to establish new terms and conditions of employment that would be effective following the expiration of the SEIU Local 1021 prior MOU. Exhibit A – Memorandum of Understanding of Attachment 1 – Resolution details the new terms and conditions of employment that will be effective July 1, 2025, through June 30, 2028.

RECOMMENDATION:

The Human Resources Department requests that the City Council adopt the resolution approving a successor MOU between the City of Richmond and SEIU Local 1021 PartTime and Intermittent Employees with effective dates of July 1, 2025, through June 30, 2028. City staff further recommend that the City Council direct the City Manager or designee to update the publicly available salary schedule with the adopted wage increases during the term of the MOU.
970

December 16, 2025
DOCUMENTS ATTACHED:

Attachment 1 – Resolution
Attachment 2 – Resolution Exhibit A – Memorandum of Understanding 971
RESOLUTION NO. ________

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RICHMOND

APPROVING A MEMORANDUM OF UNDERSTANDING WITH THE CITY OF

RICHMOND AND SERVICE EMPLOYEES INTERNATIONAL UNION (SEIU) LOCAL 1021 PART-TIME AND INTERMITTENT EMPLOYEES BARGAINING UNIT
WHEREAS, the Part-time and Intermittent Employees Bargaining Unit is represented by Service Employees International Union (SEIU) Local 1021; and WHEREAS, the City and SEIU Local 1021 are required under the Meyers-MiliasBrown Act to meet and confer in good faith regarding wages, hours, and other terms and conditions of employment; and
WHEREAS, the City and SEIU Local 1021, having met and conferred in good faith reached a total tentative agreement on a successor collective bargaining agreement for the Part-Time Employees; and
WHEREAS, the successor collective bargaining agreement has been ratified by the membership of SEIU Local 1021 and the City Council is required to adopt the successor collective bargaining agreement.

NOW, THEREFORE, BE IT RESOLVED, by the Council of the City of Richmond adopts the collective bargaining agreement set forth in Exhibit A between the City of Richmond and the Part-Time and Intermittent Employees represented by SEIU Local 1021 and directs the City Manager or designee to update the publicly available salary schedule with the adopted wage increases during the term of the collective bargaining agreement. *****************************
972
I certify that the foregoing resolution was passed and adopted by the City Council of the City of Richmond at a _________ meeting held on _____________ by the following vote:

AYES:

NOES:

ABSTENTIONS:

ABSENT:
________________________________________
Clerk of the City of Richmond
(SEAL)
Approved:
_______________________________
Mayor
Approved as to form:
____________________________
City Attorney
973
Memorandum of Understanding
between
City of Richmond
and
S.E.I.U. Local 1021
Part-Time & Intermittent Employee
Bargaining Unit
July 1, 2025 – June 30, 2028
974
i
PREAMBLE...........................................................................................................................................- 1 - ARTICLE I- GENERAL PROVISIONS ..............................................................................................- 1 - I A. DISCRIMINATION PROHIBITED............................................................................................................. - 1 - I B. MUTUAL RIGHTS AND RESPONSIBILITIES ............................................................................................. - 2 - I C. RECOGNITION ...................................................................................................................................... - 2 - I D. DUES DEDUCTION ................................................................................................................................ - 2 - I E. UNION REPRESENTATION .................................................................................................................... - 4 - ARTICLE II- DIRECT PAY FOR SERVICES..........................................................................- 7 - II A. SALARY................................................................................................................................................. - 7 - II B. ACTING PAY......................................................................................................................................... - 7 - II C. OVERTIME AND COMPENSATION FOR OVERTIME.............................................................................. - 8 - II D. SHIFT DIFFERENTIAL ............................................................................................................................. - 8 - II E. BILINGUAL PAY .................................................................................................................................... - 8 - II F. ASSIGNMENT PAY ................................................................................................................................ - 9 - II G. HAZARDOUS DUTY PAY........................................................................................................................ - 9 - II H. PROMOTION- EFFECT ON RATE OF COMPENSATION............................................................................ - 9 - II I. ELIGIBILITY FOR SALARY ADVANCEMENT............................................................................................. - 9 - II J. PERFORMANCE EVALUATIONS........................................................................................................... - 10 - II K. DEMOTION......................................................................................................................................... - 10 - ARTICLE III - INDIRECT PAY AND ALLOWANCES...................................................... - 10 - III A. INSURANCE ........................................................................................................................................ - 10 - III B. LEAVES ............................................................................................................................................... - 16 - III C. HOLIDAYS........................................................................................................................................... - 24 - III D. ALLOWANCES..................................................................................................................................... - 25 - III E. RETIREMENT ...................................................................................................................................... - 26 - 975
ii
ARTICLE IV - WORKING CONDITIONS ............................................................................. - 26 - IV A. HOURS OF WORK, MEAL PERIODS AND REST PERIOD ........................................................................ - 27 - IV B. SAFETY COMMITTEE........................................................................................................................... - 27 - IV C. MEETINGS WITH SUPERVISORS.......................................................................................................... - 28 - IV D. EMPLOYEE ASSISTANCE PROGRAM (EAP) .......................................................................................... - 28 - IV E. OCCUPATIONAL HEALTH, SAFETY AND WELLNESS PROGRAMS .......................................................... - 29 - ARTICLE V- PERSONNEL PROVISIONS..................................................................................... - 30 - V A. LAYOFF............................................................................................................................................... - 30 - V B. PROBATIONARY PERIOD .................................................................................................................... - 31 - V C. REINSTATEMENT................................................................................................................................ - 32 - V D. RESIGNATION..................................................................................................................................... - 33 - V E. SEVERANCE PAY................................................................................................................................. - 33 - V F. REASSIGNMENT ................................................................................................................................. - 33 - V G. TRANSFER .......................................................................................................................................... - 34 - V H. ORAL INTERVIEWS -UNION OBSERVER............................................................................................... - 34 - V I. PAYDAYS............................................................................................................................................ - 34 - V J. ACTION FORMS .................................................................................................................................. - 34 - V K. PERSONNEL FILES ............................................................................................................................... - 34 - V L. EXAMINATION ANNOUNCEMENTS .................................................................................................... - 35 - V M. NEPOTISM.......................................................................................................................................... - 35 - ARTICLE VI-GRIEVANCE AND APPEAL............................................................................ - 36 - VI.A GRIEVANCE DEFINITION AND PROCEDURE......................................................................................... - 36 - VI B. DISCIPLINE ......................................................................................................................................... - 38 - ARTICLE VII- RESOLUTION ................................................................................................. - 40 - VII A. TERM OF AGREEMENT ...................................................................................................................... - 40 - VII B. CONTRACTING OUT........................................................................................................................... - 40 - 976
iii
VII C. AGREEMENTS FURNISHED.................................................................................................................. - 40 - VII D. FULL UNDERSTANDING ...................................................................................................................... - 41 - VII E. SEVERABILITY OF PROVISIONS ................................................................................................................ - 41 - VII F. RETROACTIVITY....................................................................................................................................... - 41 - VII G. NO STRIKE/NO LOCKOUT PROVISION..................................................................................................... - 41 - ATTACHMENT A.............................................................................................................................. - 43 - ATTACHMENT B.............................................................................................................................. - 44 - ATTACHMENT C.............................................................................................................................. - 45 - ATTACHMENT D.............................................................................................................................. - 47 - ATTACHMENT E .............................................................................................................................. - 48 - ATTACHMENT F .............................................................................................................................. - 51 - 977
- 1 -

MEMORANDUM OF UNDERSTANDING
between

CITY OF RICHMOND
and
SERVICE EMPLOYEES INTERNATIONAL UNION LOCAL 1021

PART-TIME AND INTERMITTENT EMPLOYEE BARGAINING UNIT

PREAMBLE
This AGREEMENT (hereinafter “Agreement”) entered into by the City of Richmond (hereinafter “City”) and Service Employees International Union Local 1021, AFL-CIO, (hereinafter “Union”) has as its purpose the harmonious labor relations between the City and the Union; establishment of an equitable and peaceful procedure for the resolutions of differences; and the establishment of rates of pay, hours of work, and other conditions of employment.

Representatives of the City and the Union have met and conferred regarding wages, hours, and other terms and conditions of employment, have exchanged proposals and have endeavored to reach agreement on matters relating to the employment conditions and employer-employee relations of such employees.

The legal relationship between the City and the Union is governed by the Meyers-Milias-Brown Act (California Government Code sections 3500, et seq.), the City’s Charter, the City’s EmployerEmployee Relations Resolution, the City’s Personnel Rules, and this Agreement. Whenever this Agreement contains a provision relating to a subject matter which is also referred to in the Employer-Employee Relations Resolution, Personnel Rules or any other City ordinance, policy or regulations, the provisions of this Agreement shall prevail.

The term “Agreement” as used herein means the written agreement provided under Government Code Section 3505.1.

ARTICLE I- GENERAL PROVISIONS
I A. DISCRIMINATION PROHIBITED
There will be no discrimination against any employee because of race, color, age, physical or mental disability, religion, creed, sex, sexual orientation, national origin, lawful activities on behalf of the Union, lawful social activities not affecting or related to work performance or for any other reason prohibited by law. Filing a discrimination, harassment or retaliation complaint containing one or more of the same allegations with State and/or Federal agencies shall terminate any grievance process provided for in this Memorandum of Understanding. 978
Local 1021 Part-Time & Intermittent Employee
2025-2028 Memorandum of Understanding
- 2 -
I B. MUTUAL RIGHTS AND RESPONSIBILITIES
The City of Richmond and Service Employees International Union (SEIU) Local 1021 agree that both have obligations and responsibilities to see that the statutory and budgetary objectives of the City of Richmond are attained and that the public receives services as programmed in an effective and efficient manner.

The City of Richmond has the duty to execute the traditional responsibilities of management including the determination of the level of and the manner in which City activities are conducted, managed, and administered and to maintain rules and procedures for the administration of the City to attain these goals. Nothing in this Agreement shall be construed to restrict any legal or inherent exclusive City rights, subject to the City’s obligations under the MMBA including but not limited to the obligation to negotiate impacts within the scope of representation. These City rights include among others, the exclusive right to: determine the mission of its constituent departments, commissions and boards; set standards of service; determine the procedures and standards of selection for employment; direct its employees; relieve its employees from duty because of lack of work or for other good reason; and maintain the efficiency of governmental operations; determine the methods, means and personnel by which government operations are to be conducted; take all necessary actions to carry out its mission in emergencies; and exercise complete control and discretion over its operations and the technology and methods of performing its work.

The Union recognizes management's responsibilities and rights in this regard. The City, in turn, recognizes its responsibility to treat employees fairly and equitably and to meet and confer with the Union over changes affecting terms and conditions of employment.

I C. RECOGNITION
Service Employees International Union Local 1021, AFL-CIO, is the recognized employee organization for the Part-Time and Intermittent Employees Bargaining Unit and has concluded this Memorandum of Understanding through its authorized representatives. The employee classifications in such bargaining unit are set forth in the Recognition section of this Memorandum of Understanding and the Service Employees International Union Local 1021, AFL-CIO, hereinafter referred to as “the Union,” is recognized as the exclusive representative of employees assigned to such classifications.

Represented employees in the classifications identified in Attachment A will belong to one of the following groups: "Group I" (permanent part-time working 1,000 hours or more per fiscal year); "Group IIA” (part-time employees working between 780 and 999 hours per fiscal year) and “Group IIB” (working between 0 and 779 hours per fiscal year on an ongoing basis); and "Group III" (exempt employees who work up to 999 hours per fiscal year).

I D. DUES DEDUCTION

1. An employee may at any time execute a payroll deduction authorization form or forms (“Deduction Authorization Form”) (including any Union dues, fees, or other deductions as 979
Local 1021 Part-Time & Intermittent Employee
2025-2028 Memorandum of Understanding
- 3 -
permitted by law) furnished by the Union.

2. The Union shall be the custodian of records such as Deduction Authorization Forms and will provide the City with a certification that it has and will maintain a Deduction Authorization Form, signed by each individual from whose salary or wages the deduction is to be made (“Certification”). The Union shall not be required to provide the City a copy of the member’s Deduction Authorization Form unless a dispute arises about the existence or terms of the Deduction Authorization Form. However, the Certification will contain sufficient information to allow the City to identify the appropriate level of deductions for each employee.

3. Deductions in effect as of June 30, 2021, will remain in effect unless modified or revoked pursuant to this section. The City shall begin deductions in the amount prescribed by the Union in the next full payroll period after receipt of written Certification from the Union. Dues deductions shall not be retroactive. The City shall transmit such payments to the Union no later than thirty (30) days after the deduction from the member’s earnings occurs.

4. Member requests to change or cancel deductions must be made to the Union and not to the City. The City shall not resolve disputes between the Union and represented employees concerning Union Membership or deductions. The City shall direct member requests to cancel or change deductions to the Union and shall rely on information provided by the Union regarding whether deductions for a member were properly canceled or changed. The City will cease deductions at the end of the pay period following notification from the Union to the City to cease deduction of Union Dues and/or COPE deduction, or a later date as specified by the Union (to coincide with the end of a pay period).

5. The employee’s earnings must be sufficient after all other legal and required deductions and any employee voluntary deductions are made to cover the amount of the Union Dues and COPE deduction. When the employee’s earnings are insufficient (whether the employee was in a full, partial or unpaid status), no Union Dues or COPE deduction will be deducted during that pay period.

6. The Union shall indemnify and save harmless the City, its officers, employees and agents from and against any and all loss, damages, costs, expenses, claims, attorney's fees, demands, actions, suits and judgments and other proceedings arising out of any collection of said Union Dues. If the Union provides legal representation to the City in such a proceeding it shall not be responsible for additional attorney fees voluntarily incurred by the City.

7. The City shall distribute the Union-furnished Deduction Authorization Forms to new unit members. Each pay period, the City shall provide the Union with a list of newly hired unit members.

8. In order to protect bargaining unit employees from harassment or invasion of privacy, the City shall promptly notify the Union of any third-party requests for contact, biographical and/or demographic information about the bargaining unit employees. The City shall promptly provide the Union a copy of the request and any materials submitted with the request. 980
Local 1021 Part-Time & Intermittent Employee
2025-2028 Memorandum of Understanding
- 4 -
I E. UNION REPRESENTATION

1. Stewards: The Union may designate at least one employee within each area or department as its steward for the purpose of assisting other union members in the resolution of grievances arising over the interpretation of the terms of this Memorandum of Understanding and/or rules, policies, and ordinances regulating wages, hours and working conditions.

The Union shall annually, in January, provide a list of stewards to the Director of Human Resources. The Union shall inform the Director of Human Resources in writing of any additions or deletions of individual stewards within thirty (30) days of such a change.

2. Officers’ and Stewards’ Release Time: The City shall afford said officers (up to 3) and stewards reasonable time off during working hours without loss of compensation or other benefits when meeting with city representatives regarding grievances arising over the interpretation of rules, policies and ordinances regulating wages, hours and working conditions; provided, however, that said time is scheduled in advance with the supervisor so as not to unduly interfere with work load and job requirements as determined by the department head or division head.

The City shall allow designated officers (up to 3) and stewards one hour of paid time off to attend the Union’s Monthly Stewards Meeting. The Union shall provide the City’s Human Resources Director with a list of designated stewards and an annual list of scheduled Monthly Stewards Meetings.

During negotiations for a successor to this Memorandum of Understanding, the Union may designate up to four (4) persons from the bargaining unit and two (2) Chapter Officers from the General Employees Bargaining Unit to meet and confer with the City’s representatives.

During meetings with management (including Skelly meetings) regarding potential employee discipline, the Union may designate up to two stewards or officers in addition to professional union staff to attend, not to exceed three representatives.

General Membership meetings do not occur during working hours. Employees do not receive paid release time to attend, travel to or prepare for general membership meetings. However, employees who have a thirty (30) minute lunch may use up to sixty (60) minutes of accrued vacation leave to attend and/or travel to General Membership meetings. Employees who have a sixty (60) minute lunch may use up to thirty (30) minutes of accrued vacation leave to attend and/or travel to General Membership meetings. An employee must obtain prior approval to use accrued vacation leave as provided in Article III(B)(8).

During each calendar year, the Union shall be entitled to eighteen (18) hours of release time for Union Officers, Stewards, or designated Union members (the Union must provide a list to Human Resources delineating who the designated Union members are no later than January 1 of each year), to work on Union-related business. The Union is entitled to a total of eighteen (18) hours to be shared amongst all the Union Officers, Stewards, and designated Union members. In other words, each Union Officer or Steward does not receive eighteen (18) hours.

The Union cannot request more than three (3) hours of release time a month, and no more than 981
Local 1021 Part-Time & Intermittent Employee
2025-2028 Memorandum of Understanding
- 5 -
two (2) Union Officers or Stewards can be released at any given time. For example, for the month of June, the Union can request that the Union President and the Chief Steward meet for an hour to work on Union-related business. With such a request, the Union has three (3) hours of their eighteen (18) hour bank for the calendar year and cannot request any additional release time under this provision for the month of June. If this was the only release time request by the Union under this provision for the calendar year, then the Union would have fifteen (15) hours of release time remaining in the calendar year. Time used for officers or stewards used for representation is not included as hours used in this provision.

In addition, the request for release time cannot result in overtime, either for the person requesting the release time, or for any back-fill of the position of the person requesting the release time.

All requests for release time under this provision must be made to the Human Resources Director or their designee, no less than three (3) business days prior to the day the release time is requested for. If the request cannot be accommodated due to a work conflict involving the person the release time was requested for, the Union and the impacted employee will be notified as soon as possible, no less than one (1) business day prior to the request for the release time.

The Human Resources Department will track the eighteen (18) hours allotted for this release time and will notify the Union when they have reached their eighteen (18) hour limit in a calendar year.

3. Bulletin Boards: The City agrees to designate bulletin board space on existing bulletin boards for the sole use of the Union. The parties agree to mutually explore and review such areas where insufficient bulletin boards exist and the City shall install same.

4. Names and Classes of Represented Employees: Within thirty (30) days of hire, promotion or separation, the City shall provide the Union with a list of all newly hired, promoted or separated employees covered by this Agreement and once each quarter (July, October, January, April) thereafter during the term of this Agreement. Such lists, culled from the City’s payroll system, shall include the employee’s:
• Name
• Date of hire, promotion or separation
• Home address
• Home and/or mobile telephone number, to the extent the City has that information • Personal email address, to the extent the City has that information • Work department
• Classification
• Work phone number
• Work email address

5. New Employee Orientations:

5.1 The City agrees that each newly hired employee, within the first thirty (30) days of 982
Local 1021 Part-Time & Intermittent Employee
2025-2028 Memorandum of Understanding
- 6 -
employment, shall participate in an in-person orientation meeting as part of the New Employee Orientation.

5.2 Union Representatives shall be provided an opportunity to present to employees at the New Employee Orientation, for thirty (30) minutes. Employees will not suffer a loss in compensation for such time when the Union is presenting to the employee.

The City shall grant release time for up to two (2) Union Representatives, which shall include reasonable time for travel and set up, without loss of compensation to present at the New Employee Orientation. The Union shall provide the name(s) of the Union Representative(s) who are requested for release time for the Union’s presentation at New Employee Orientation to the City at least forty-eight (48) hours prior to the scheduled New Employee Orientation.

Union Representatives are a Union staff member, the Union’s elected chapter officers, and the Shop Stewards.

5.3 A newly hired employee who does not attend the New Employee Orientation will be scheduled for a subsequent New Employee Orientation. To the extent such employees for any reason do not attend, within thirty (30) days of beginning work, the Union shall have the option for a Union Representative to schedule a thirty (30) minute presentation on paid City time with the employee.

5.4 The City shall advise the Union of the dates and times at which the Union Representative(s) can present to employees covered by this Agreement. Such notice shall be provided at the earliest opportunity but no later than ten (10) days before the scheduled orientation. The City shall email the Union at least forty-eight (48) hours in advance of the New Employee Orientation a list of expected participants represented under this Agreement. Individuals not on the list and who show up for New Employee Orientation may be denied entrance by Human Resources to that New Employee Orientation meeting.

5.5 The Union agrees to stay within its designated time period and will not cause a delay to the New Employee Orientation agenda. For example, if the Union Representative(s) are scheduled to present from 9:00 a.m. – 9:30 a.m., and they arrive at 9:20 a.m., the Union Representatives shall have from 9:20 a.m. – 9:30 a.m. to present. If the Union Representative(s) arrive at 9:35 a.m., they have waived their opportunity to present to the group and no additional time or rescheduling will be afforded. However, if the Union Representative(s) are unable to make the scheduled time, the City agrees to make Union-provided information available to newly hired employees, as long as no information pertaining to either local or partisan elections is included in the Unionprovided information.

5.6 The City will provide the Union an environment for the Union’s presentation that is reasonably free from distractions. If multiple unions attend the New Employee Orientation, each union will meet with employees of the bargaining groups at the same time. Separate meeting rooms may be provided but are not guaranteed; however, groups 983
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will be divided into “break-out” sessions in the room and/or close proximity to the room schedule for New Employee Orientation.

5.7 The City will not observe or disturb the Union presentation

5.8 The Union will not disparage the City and/or its governing board(s) [e.g., City Council, Richmond Housing Authority], its supervisors or management during New Employee Orientations.

ARTICLE II- DIRECT PAY FOR SERVICES
II A. SALARY
The salary schedule for classifications represented in the bargaining unit is attached to this MOU as Attachment “A”.

1. Effective the pay period including July 1, 2025, the City shall increase the monthly pay rate listed in Attachment A by 5.0% of the monthly pay rate in effect before such increase takes effect.

2. Effective the pay period including July 1, 2026, the City shall increase the monthly pay rate listed in Attachment A by 5.0% of the monthly pay rate in effect before such increase takes effect.

3. Effective the pay period including July 1, 2027, the City shall increase the monthly pay rate listed in Attachment A by 5.0% of the monthly pay rate in effect before such increase takes effect.

II B. ACTING PAY

1. Each employee who is assigned to work in a position in a higher classification for five days or more and who assumes the responsibilities and performs substantially all of the day-today duties of the position shall receive for each day of service in such class the salary rate in the range allocated to the higher class which is not less than five percent (5%) above their present salary rate, or the top step of the new range, whichever is lower; provided that the department head, with the approval of the City Manager, has so assigned the employee utilizing a Personnel Action Form. An employee so assigned must assume all or substantially all of the duties and responsibilities of the higher paid classification. Such acting pay shall be paid retroactively to the first day that the employee was in acting status.

2. Should any member so assigned and working in a higher classification incur an injury or illness which involves lost time during such assignment, they shall revert immediately to the regular classification and shall not receive acting pay for any time not actually worked; provided, however, that a member so assigned and working who incurs an industrial injury or illness shall be paid at the rate due the higher classification for time lost during the remainder of the period of the specified assignment only. 984
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II C. OVERTIME AND COMPENSATION FOR OVERTIME

1. Rate of Compensation for Overtime Worked. Employees shall be compensated at overtime rates for all hours worked in excess of their normal work week (37.5 or 40 hours). Employees shall be compensated at the rate of one and one half (1 1/2) times the amount of time worked as overtime.

2. Overnight Trips: When an employee is required to travel overnight, they shall be paid as described in 1 above for any overtime earned. Hours shall not include non-working-hours, including sleep hours. When a recreation employee is required to perform work overnight, such as providing supervision for an overnight field trip or event, the employee will be compensated for such time on an hour-for-hour basis by adjusting the employee's normal schedule; or, if the department is not able to adjust the employee's schedule within the pay period, through compensatory time to be accrued at a straight-time rate unless the Fair Labor Standards Act requires compensation at a higher rate.

3. Factors Which Govern Compensation for Overtime Worked. Each employee who has earned overtime compensation shall have the right to request either cash payment or compensatory time off. Employees will be allowed to accumulate up to eighty (80) hours of compensatory overtime. All accumulated overtime shall be taken upon the approval of the department head.

4. Effect of Termination on Overtime. Each employee who resigns or is otherwise terminated shall be entitled to compensation for their accumulated overtime of record.

5. All overtime work shall be subject to prior approval of the City Manager or their designee.

II D. SHIFT DIFFERENTIAL

1. An employee who is regularly assigned to work five (5) or more hours between the hours of 4 p.m. and 12 midnight (evening shift) shall receive an additional five percent (5%) above their individual salary rate. An employee who is assigned to work five (5) or more hours between the hours of 12 midnight and 8 a.m. (night shift) shall receive an additional seven and one-half percent (7-1/2%) above their individual salary rate.

2. Library employees, Recreation Specialists and Leaders, and Cable TV Production Assistants who are assigned to work after 5 P.M., shall receive additional compensation of eighty cents ($.80) each hour (after 5 P.M.), except when the hours worked fall under the definition of 1. above.

3. Payment of these differentials shall be for evening or night shifts actually worked except that an employee regularly assigned to an evening, or night shift shall continue to receive the pay differential during paid leave to the extent required by law.

II E. BILINGUAL PAY
Positions certified by the Human Resources Department as bilingual shall receive 2% additional compensation. The City agrees to add sign language to the languages eligible for bilingual 985
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compensation.

II F. ASSIGNMENT PAY
A Recreation Aide, Recreation Leader, or Recreation Specialist assigned to work at the Developing Personal Resources Center shall receive an additional 10% above the employee's individual salary rate per hour.

II G. HAZARDOUS DUTY PAY
Effective April 1, 2018 (pursuant to agreement by the parties), employees in the following classifications shall receive a Hazardous Duty Pay Differential of 10% over their regular base pay when assigned to specific duties as defined below. This differential is being paid to the following classifications only in recognition of the fact that their current job classifications do not include the duties defined below (A):
• Maintenance Aides I/II
Hazardous Duty Pay will only be paid to employees who are assigned by their supervisor and/or designee, to execute the hazardous duties defined below in (A). It will not be paid to an employee who undertakes to perform the hazardous duties listed below in (A) on his or her own with proper authorization, either expressed or implied.

The Department Supervisor or Superintendent shall authorize payment of the differential and maintain records of hazardous duty pay authorizations.

The Hazardous Duty Pay Differential will only be given for the actual time an employee(s) work on the hazardous assignment.
(A) The following duties are the only duties that are hereby established as duties that are entitled to receive the Hazardous Pay Differential:

Homeless Encampment Abatement – Specifically, the abatement of established homeless encampments that includes removal of trash, junk, debris and personal items and potentially hazardous materials.

Charred Building Demolition – specifically, crews assigned to demolishing, abating, and disposing of burnt and/or charred buildings.

II H. PROMOTION- EFFECT ON RATE OF COMPENSATION
Whenever an employee is promoted to a higher class, they shall be entitled to receive in the new position the nearest higher hourly salary step which attaches to the higher class. Such increase must be at least five percent.

II I. ELIGIBILITY FOR SALARY ADVANCEMENT
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An employee shall normally be eligible for salary advancement within the salary range for the employee’s classification for each year of satisfactory service unless the employee’s classification only has one rate of pay. If an employee's service is not deemed satisfactory, based on a written performance evaluation, the employee may not be eligible for consideration for salary advancement.

An employee must work a minimum of 600 hours within a year to receive a salary increase. If an employee works less than 600 hours in a year, they will be eligible for a salary increase on the next anniversary date that they attained 600 hours. e.g., If an employee's anniversary date is February 1 and they worked 500 hours in 1997 and 500 hours in 1998, they would be eligible for an increase February 1, 1999. Had they worked 600 hours in 1997 they would have been eligible for an increase February 1, 1998.

If an employee (who has completed one year's service and at least 600 hours employment during that time) does not receive an evaluation within 60 days after their anniversary date and the employee is scheduled for a step increase, the step increase will be paid to the employee retroactively to their anniversary date.

Nothing in this section shall be construed as limiting the authority of the City Manager to increase, make no change in, or reduce the salary of any employee in the bargaining unit within the currently approved salary range for good or sufficient cause.

II J. PERFORMANCE EVALUATIONS
Each employee in Group I and employees in Group II who work at least 600 hours within a year, shall receive a written performance evaluation annually on or about October 1.

Performance evaluations serve to 1) memorialize an employee’s performance and behavior during the rating period, 2) identify and/or remind the employee about necessary performance and/or behavioral areas for improvement and 3) offer suggested means to improve. In short, evaluations both record and teach. Both parties prefer to have supervisors provide this feedback to employees in a verbal and/or written manner on an as-needed basis during the rating period, culminating in a written performance evaluation. Supervisors may document their interactions with employees to provide this feedback. Evaluations must be factual. Evaluations should not falsely portray an employee’s performance and/or behavior positive or negative.

II K. DEMOTION
The City shall determine an employee’s new rate of compensation within the salary range for the employee’s new classification in all cases of demotion (voluntary or disciplinary).

ARTICLE III - INDIRECT PAY AND ALLOWANCES
III A. INSURANCE

1. Medical Plans
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1.1. No later than two months after the employees in Group I are selected, the City shall contract with the California Public Employees' Retirement System (PERS) Health Benefits Program to provide medical insurance for all active employees, retirees and eligible survivors (including those in the City of Richmond General Pension Fund) of retirees. Eligibility of retirees and survivors of retirees to participate in this program shall be in accordance with the regulations promulgated by PERS. Unless prohibited by PERS or by law, the health plan coverage described herein shall apply to persons retired.

The City shall pay the CalPERS Minimum Employer Contribution (“MEC”) Amount required by law.

Group I employees who regularly work at least 1000 hours annually, but less than 1300 hours, annually shall be covered by the PERS Medical Plan, in accordance with PERS Provisions. The City will contribute on behalf of such employees, only the monthly premium described in Article III, Section A.1.1. Medical Plans.

Group I employees who regularly work 1300 hours or more annually shall receive the same medical plan benefits as full time employees represented in the General Employees Bargaining Unit.

Cafeteria Plan for Additional City Medical Insurance Premium Contribution For each active employee eligible for medical coverage who has enrolled in one of the PERS medical insurance plans offered by the City, the City’s monthly contribution toward the Cafeteria Plan will be based on their enrollment status as follows:

Employee Plus Two or More Dependents: The City’s contribution shall be set at one hundred percent (100%) of the monthly premium of the PEMHCA Region 1 Kaiser Permanente family rate (employee plus two or more dependents) minus the PEMHCA MEC for those enrolling with employee plus two or more dependents.

Employee Plus One Dependent: The City’s contribution shall be set at one hundred percent (100%) of the PEMHCA Region 1 Kaiser Permanente employee+1 rate minus the PEMHCA MEC for those enrolling with employee plus one dependent.

Employee Only: The City’s contribution shall be set at one hundred percent (100%) of the PEMHCA Region 1 Kaiser Permanente employee only rate minus the PEMHCA MEC for those enrolling with employee only.

The City’s Cafeteria Plan contribution can be used toward PEMHCA medical insurance only. Any unused (unspent) Cafeteria Plan contributions are not retained by the employee.

An employee whose Health Insurance plus Cafeteria Plan contribution is insufficient to fully pay the employee’s selected health insurance plan’s premium shall have the remaining health insurance premium deducted from their pay on a pre-tax basis. The 988
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employee though may direct the Director of Finance, through a form designated by the Director of Finance, to have said remaining health insurance premium deducted on an after-tax basis.

1.2. Medical Benefit Opt-Out
A Group I employee who provides proof of alternative health insurance coverage which is Patient Protection and Affordable Care Act complaint, may opt-out of the City’s medical insurance coverage and shall receive one hundred fifty dollars ($150.00) per month for employees eligible for employee-only medical insurance coverage and two hundred dollars ($200.00) per month for employees eligible for two-party or family medical insurance coverage.

Under the Patient Protection and Affordable Care Act, the eligible opt-out arrangement conditions that much be satisfied in order for an employee to opt-out of the City’s health care coverage are as follows:
a) The employee and the employee’s Tax Family must have (or will have) minimum essential coverage through another source (other than coverage in the individual market, whether or not obtained through Covered California); b) A Tax Family means all individuals for whom the employee reasonably expects to claim a personal exemption deduction for the taxable year(s) that cover the employee’s plan year for which the eligible opt-out arrangement applies; c) The employee must provide reasonable evidence of the alternative minimum essential coverage for the employee and their Tax Family for the applicable period.

Reasonable evidence may include an attestation by the employee; d) The employee must provide the evidence/attestation every plan year; e) The employee must provide the evidence/attestation no earlier than a reasonable time before coverage starts (e.g. open enrollment). The evidence/attestation may also be provided within a reasonable time after the plan year starts; and f) The compensation for opting out cannot be made if the City knows or has reason to know that the employee or a member of the employee’s tax family does not have alternative minimum essential coverage.

During the City’s annual open enrollment period, the employee must complete an annual written attestation that the employee and the employee’s tax family are enrolled in alternative Minimum Essential Coverage. The employee agrees to notify the City no later than 30 days after the employee or other member(s) of the employee’s tax family lose coverage under the alternative Minimal Essential Coverage Plan.

The employee understands that the City is legally required to immediately stop conditional opt-out payments if the City learns that the employee and/or members of the employee’s family do not have the alternative Minimal Essential Coverage. 989
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The City reserves the right to modify at any time, the amount an employee is eligible to receive under this paragraph, if required by IRS regulations, other legislation or Federal and/or California agency guidance.

This option is available at any time. If an employee loses the alternative medical insurance the City will allow immediate reinstatement to the City's health plan at the employee’s eligibility level. Bargaining unit members receiving money in lieu of benefits may apply the money towards the IRS Section 457 Deferred Compensation Plan or receive the money as a taxable addition to their salary.

1.3. Taxation
The City shall not treat its medical benefit contributions described in Article III, Section A.1.1. above as compensation subject to income tax withholding unless the Internal Revenue Service and/or the Franchise Tax board indicates that such contributions are taxable income subject to withholding. Each employee shall be solely and personally responsible for any Federal, State, or local tax liability or penalty that may arise out of the implementation of this section.

1.4. Eligibility Changes
Employees shall have the right to inform the City of an increase in their dependents at any time and have the amount contributed be adjusted accordingly, in accordance with PERS or the insurance carrier's rules.

Employees shall inform the City within thirty days that one or more family members are no longer dependents, and the City shall correspondingly reduce its monthly contribution.

Applicable circumstances include but are not limited to divorce, death, children turning 26 years old and a dependent obtaining other medical insurance.

1.5. Retiree Medical Benefits
The City will pay the CalPERS Minimum Employer Contribution Amount on behalf of eligible retirees for CalPERS retiree medical insurance premiums. Effective upon eligibility for PERS retirement, the City will also reimburse Group I retirees who are eligible for retiree medical benefits as described below in the amount of $435.00 per month for retirees eligible for retiree only coverage and $567.00 per month for retirees eligible for two-party or family coverage. Retirees may add new dependents during retirement but the City will not increase its reimbursement to contribute towards the premiums for these new dependents.

When a retiree or surviving dependent becomes eligible for Medicare benefits, the monthly reimbursement shall be reduced to the amount deducted from the pension check for supplemental medical insurance and shall be no more than the reimbursement for which they are eligible described above. The City will not cover any Medicare costs.

Retirees may receive the reimbursement for which they are eligible described above for a 990
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non-PERS health plan if 1) the non-PERS health plan is selected at the same time that an employee drops a PERS health plan and 2) the retiree submits monthly proof of payment of the premium. Once such a selection is made, the retiree may opt back into a PERS health plan but the City will not reimburse the retiree for any portion of the premium.

To be eligible for the benefits of this section, the retiree must (1) retire within 120 days of separation from the City payroll, and (2) be enrolled in a PERS medical plan offered by the City at the time of separation and thereafter, and (3) meet the following service and age requirements:

Age Service with the City
55 and older 10
54 12
53 14
52 16
51 18
50 20
Employees who retire on a PERS approved disability and have 10 years of service with the City shall also be eligible for City reimbursement towards medical benefits as described above.

1.6. Retiree Medical Benefit Conditions
The reimbursement set forth in Article III, Section A.1.5. shall be made monthly from the date of the first CalPERS pension check until the Group I retiree ceases to participate in the PERS Medical program. However, if the, Group I retiree goes from having one or more dependents to having no dependents, the City's reimbursement shall be reduced as described in Article III, Section A.1.5. If the retiree becomes Medicare eligible, the City’s reimbursement shall be reduced as described in Article III, Section A.1.5. If the retiree fails to report any of these changes in status to the City within 30 days of their occurrence, the retiree shall be liable for refunding the excess amounts received to the City.

1.7. Retiree Medical Benefit Survivors
If a Group I retiree qualifying for benefits above is survived by a spouse or registered domestic partner at the time of retirement who qualifies as an annuitant (i.e., is continuing to receive a pension from PERS or the City) the surviving spouse shall receive all the benefits described above if allowed by CalPERS rules. The survivor will be subject to the same administrative procedures applicable to retirees.

Effective the pay period including January 1, 2024, Part-time, Group I employees shall begin making contributions to the retiree medical benefit pre-funding trust in an amount determined by the second-step annual base wage for their current job classification. The contribution amounts are as follows:

Employees in job classifications with annual second-step base wages in the amount of 991
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$60,000 or less shall pay $50.00 per month.

Employees in job classifications with annual second-step base wages falling within the range of $60,001 and $79,999 shall pay $75.00 per month.

Employees in job classifications with annual second-step base wages in the amount of $80,000 or more shall pay $100.00 per month.

These payments shall occur as payroll deductions and shall be tax-free to the extent allowed by law.

Group I employeesthat are eligible for retirement in the bargaining unit shall make monthly retiree medical benefit pre-funding trust contributions on a pro-rata basis. As an example, this means that a part-time employee in a job classification with a second step making less than $60,000 per year who works a three-quarters time schedule (28.125 hours per week) would pay $37.50 per month to the trust.

1.8. Dental Plan
Group I employees are eligible to receive group dental plan benefits for employees and dependents provided that said employees, and not the City, will pay the premium charge for the dental plan. The plan will provide $2,000 maximum for orthodontics and adult orthodontics coverage. The maximum dental benefit (except for orthodontics) is $1,500 a year.

Employees may utilize the dentist of their choice to obtain dental care. However, if the employee selects a dentist from the "Preferred Providers" list, the preferred provider might accept the dental plan payment as full payment for the dental care.

1.9. Vision Plan
Group I employees are eligible for a vision plan. The City shall contribute the full premium for a no deductible group vision plan providing for eye exams and new lenses every twelve months and new frames every twenty-four months.

1.10. Life Insurance
The City shall provide group life insurance coverage, for Group I employees, in the amount of $30,000.

1.11. Disability Insurance
Long term disability insurance program for Group I employees shall include payment of sixty percent (60%) of an employee's monthly salary up to a maximum monthly benefit of $3,000, after a thirty (30) day waiting period. Disability insurance payments shall not extend beyond age 65 for disability caused by accident and for a period not to exceed five (5) years for disabilities caused by illness.
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The above coverage is subject to any terms and limitations of the agreement with the insurance carrier.

1.12. Flexible Benefits Plan
The Flexible Benefits Plan is available to all Group I employees. The City administers the plan under the provisions of IRC Section 125, subject to any changes in Federal law and/or regulations that may occur.

Employees may use their own funds on a tax-free basis to participate in the Flexible Benefits Plan.

Options available through the Plan shall include, but not be limited to:
a) Dependent Care Assistance Account
b) Medical Expense Reimbursement Account
c) Adoption Assistance Account
d) Qualified Transportation Account
e) Parking Benefit Account
III B. LEAVES

1. Leaves of Absence

1.1 The City Manager may grant leaves of absence without pay to employees in Groups I and II, for a period not to exceed one (1) year.

1.2 No employee shall be granted a leave of absence without pay for a period in excess of three (3) days unless:

1. The employee makes a written request of their department head stating the reasons;

2. The department head recommends it;

3. The Director of Human Resources recommends favorable action to the City Manager; and

4. The City Manager approves it.

1.3 A request for leave of absence without pay for a period of three (3) days or less may be granted to an employee by their department head.

1.4 Failure on the part of an employee to report promptly at the expiration of their leave may be considered job abandonment which may cause automatic employment termination as provided by law.

1.5 An employee who has taken a leave of absence without pay for a total of thirty (30) days or more within a given service year shall have their anniversary date set back by the time in excess of the thirty 30 days. Leaves of absence without pay for a period 993
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totaling less than thirty 30 days in the given service year shall have no effect on the employee's anniversary date. In the case of the employee anniversary date for impending lay-off, all time taken as leave of absence without pay will be subtracted, in establishing the anniversary date. This section does not apply to employees on family medical leave or workers compensation injury leave.

1.6 The following shall be considered as normal types of leaves absence:

Leave of Absence without Pay
Leave of Absence with Pay using the employee’s accrued leave Sick Leave
Workers Compensation Leave
Vacation Leave
Military Leave
Bereavement Leave
Jury Duty
Parental Leave
Family & Medical Leave

1.7 The City Manager, upon recommendation of the department head and the Director of Human Resources, shall have the authority to grant leaves of absence with pay using the employee’s accrued paid leave only to employees in Group I. The manner of and the condition for granting such leaves shall be prescribed by the City Manager, except that where a leave of absence with pay is to extend for a period of more than two calendar weeks, it shall require specific approval of the City Council.

2. Bereavement Leave
Employees shall be eligible for the Bereavement Leave under provisions specified below. Use of leave under this Section runs concurrently with leave under Administrative Policy 313.

Upon the death of an employee’s “family member” as that term is defined in this section, the employee shall have a right to take up to five (5) days of Bereavement Leave for each such death. The days of bearevement leave need not be consecutive. The Bereavement Leave shall be completed within three months of the date of the death of the family member. For employees in Groups I and IIA only, up to four (4) workdays (prorated to the employee's average workday length over the prior 12 months) shall be paid. The remainder of the five days of Bereavement Leave shall be unpaid, except that an employee may use vacation, sick leave, compensatory leave, or other paid leave that is otherwise available to the employee. For employees in Groups IIB and III, the five (5) days of Bereavement Leave shall be unpaid, except that an employee may use sick leave, compensatory leave, or other paid leave that is otherwise available to the employee.

In unusual cases, additional full-pay leave may be granted by the City Manager, provided that the eligible employee justifies the need in writing and the department head and Director of Human Resources recommend approval.

Usage of the foregoing provisions of this section shall be subject to the approval of the 994
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department head, City Manager, or their fully authorized representative. “Family member” for purposes of this section is defined as spouse, child, stepchild, parent, stepparent, guardian, grandparent, grandchild, uncle, aunt, sibling, step-sibling, parent-in-law, sibling-in-law, minors living as a member of the family, and registered domestic partners.

One (1) day of bereavement leave is available to attend services for relatives not meeting the definition of " family member" as defined in this section. These would include nieces, nephews, and cousins.

Absence by eligible employees to attend burial services of persons other than those specified in this Section shall be either as compensatory time, off, in no-pay status, or as vacation in amounts needed.

3. Sick Leave
Accrual Rate. Each employee in Group I working on a part-time basis and who has worked 1,000 hours or more of the annually scheduled working hours in the preceding calendar year without a termination of employment, shall be entitled to pro-rated sick leave based upon their date of employment, (prorated to the employee's average work day length over the prior 12 months). All non-Group I part-time employees accrue sick leave at the rate of 0.034 hours of sick leave for each hour worked. The maximum sick leave unused sick leave accrual balance is 48 hours.

An employee who converts to full-time (without a break in service) carries forward any prorated sick leave they have accrued at the time of entry into full-time work.

3.1 Conversion of Sick Leave to Pension Credits
Those employees who are members of the Public Employees Retirement System (PERS) and who retire from City employment shall be entitled to convert all unused sick leave credits to service credit for the purpose of calculating retirement benefits at the rate of .004 years of service for each unused day of sick leave in accordance with and subject to the provisions of California law.

3.2 General Provisions
Sick leave properly may be used for the following health purposes: illness, non-job disability, dental care, diagnosis, and therapy when requested or ordered by competent medical-dental authority, and family illness or injury.

3.3 Family Sick Leave
A bargaining unit member may use sick leave for illness or injury to a member(s) of their family as identified in California Labor Code Section 233. The maximum amount of sick leave that may be used for this purpose in any one (1) calendar year shall be six (6) working days.
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A doctor's certificate indicating if an employee has a condition described in Section 3.2 above must be furnished on the request of the City Manager or department head, or their designee, and at such time thereafter during the same sick leave as the City Manager or department head shall deem necessary. But in any event, a doctor's release to return to work shall be mandatory after seven (7) consecutive workdays of sick leave.

4. Family and Medical Care Leave
Pursuant to State and Federal law, the City will provide family and medical care leave for eligible employees. Family and medical care leave entitles an employee to up to 12 weeks of continuation of health, dental and vision benefits in a 12-month period. Family and medical leave may be taken for any of the following reasons: the birth, adoption, or placement of a child for foster care in the employee's home; the serious illness of the employee; or the serious illness of a spouse, child, or parent.

The following provisions set forth unit members' rights and obligations with respect to such leave. Rights and obligations which are not specifically set forth below are set forth in the Department of Labor regulations implementing the Federal Family and Medical Leave Act of 1993 (FMLA) and the regulations of the California Fair Employment and Housing Commission implementing the California Family Rights Act (CFRA). Unless otherwise provided by this section, "leave" under this section shall mean leave pursuant to the FMLA and the CFRA.

4.1 Amount of leave; eligible members are entitled to a total of 12 workweeks of leave during any 12-month period. A member's entitlement to leave for the birth or placement of a child for adoption or foster care expires 12 months after the birth or placement. If both parents work for the City, they may use a total of 12 workweeks of leave, between them, for the birth or adoption of a child.

The 12-month period for calculating leave entitlement will be a "rolling period" measured backward from the date leave is taken and continues with each additional leave day taken. Thus, whenever a member requests leave under this provision, the City will look back over the previous 12 month period to determine how much leave has already been used under this provision and determine the balance available.

4.2 Use of other accrued leaves while on leave; if member requests leave for their own serious health condition, the member must also exhaust sick leave concurrently with the leave.

4.3 While the City recognizes that emergencies arise which may require employees to request immediate leave, employees are required to give as much notice as possible of their need for leave. If leave is foreseeable, at least 30 days’ notice is required. In addition, if an employee knows that they will need leave in the future but does not know the exact date(s) (e.g., for the birth of a child or to take care of a newborn), the employee shall inform their supervisor as soon as possible that such leave will be needed.

If the City determines that an employee's notice is inadequate or the employee knew about the requested leave in advance of the request, the City may delay the granting of the leave until it can, in its discretion adequately cover the position with a substitute. 996
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4.4 During the term of this Agreement, the City may negotiate with SEIU Local 1021 to develop a policy which if mutually agreed upon shall replace this Article III, Section B.4.

5. Parental Leave

5.1 California law affords natural mothers disabled by their pregnancy with unpaid leave time. The City Manager may extend this legally required leave of a natural mother disabled by her pregnancy for an additional two months with appropriate medical documentation. During this leave, the City will continue to pay the premium for her PERS medical plan. During this leave the employee shall be entitled to full access to long-term disability insurance, subject to the terms of the LTD policy.

5.2 All fathers or adoptive parents, in Groups I and II, shall be granted 30 days leave without pay commencing one week prior to the birth or adoption of a child, during which time the City will continue to pay the premium for the employee's PERS medical plan.

5.3 All parents, in Group I, granted a leave of absence as described in 5.1 and 5.2 above, shall receive four weeks of paid leave as part of their parental leave. Payment will be made upon the birth of a child, or upon taking custody of a child through adoption.

6. Jury Duty
A City employee, in Groups I and IIA, ordered to jury duty during the employee's regularly scheduled work hours has a right to fully paid leave during actual jury services, based upon the scheduled hours they are to work during the day(s) they are absent for jury duty. The following shall apply:

6.1 All employees generally shall willingly accept ordered jury duty as one of the obligations upon all eligible citizens.

6.2 Employees shall properly inform the officials who control jury duty of such unusual factors in their City jobs, including workload, as the jury officials might judge to be adequate grounds for deferral of or excuse from jury duty.

6.3 Such leave may be based upon, but is not limited to, coroner, municipal court, county superior court, and Federal jury duty.

6.4 Employees shall pay immediately to the City such amounts of money as they receive as per diem on scheduled work days, but shall be entitled to keep such mileage payments as are made to them.

6.5 Each employee shall expeditiously report their probable absence for jury duty, and must report promptly the termination of active jury service. Employees whose shifts and days off are other than day shift Monday through Friday, shall be temporarily assigned day shift Monday through Friday for the duration of jury duty. Employees will be expected 997
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to give two weeks or more notice of their call for jury duty.

7. Military Leave
Military leave shall be granted in accordance with the provisions of applicable law. All employees entitled to and taking military leave shall give the department head the right within the limits of military necessity and regulations to determine when such leave shall be taken.

If the employee applies to the Public Employee retirement System for PERS credit, and is approved, the City will make the necessary contributions as if the employee had been receiving full City paid salary while on extended active duty, for a period of up to twelve months.

In the event of military leave, longer than twelve months, an employee may use accrued vacation on a pro-rated basis to make up the difference between military pay and the employee’s base pay.

No person shall be appointed permanently to a position from which another is on military leave However, an employee appointed to fill a position of another employee on a military leave absence may apply to another position in the same class if there is a vacancy.

8. Vacation Leave
Employees in Groups I and IIA shall accrue vacation leave on a prorated basis.

8.1 Rate at Which Vacation Leave Shall Accrue for Other Than Full-Time Employees Each employee in Groups I and IIA shall be entitled to accrue pro-rated vacation leave after thirty (30) days of employment based upon the following rates:
• Group I working 30 or more hours per week, accrual at 80% of Full-Time rate. • Group I working 25 but less than 30 hours per week, accrual at 66.7% of Full-Time rate.
• Group IIA, accrual at 40% of Full-Time rate.

Employees in Groups I and II.A may utilize their accrued vacation after one year of employment.

In the event that an employee accruing vacation changes from Group I to Group IIA, the accrual rate shall change to 40%. In the event that an employee changes to Group IIB or III, vacation accrual will stop on the effective date of the change. Any vacation accrual balance left at that time will not be lost but will remain available for use until the balance is exhausted.

A part-time worker who converts to full-time (without a break in service) would continue to accrue vacation at the same rate they have at the time of entry into full-time work. This accrual rate, and the date for increased allotment, is determined by the number of calendar years when an employee has worked 1,200 hours or more. These 998
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years of service do not have to be successive.

8.2 Limitation on Vacation During First Year of Service Each employee eligible for vacation accrual normally must have served one (1) year continuously in order to be eligible to take vacation leave. However, an employee may use vacation after six months of continuous service if approved by the City.

8.3 Other Limitations on Vacation Leave and Accumulation of Vacation Leave An employee shall cease accumulating vacation leave when they reach a maximum amount as listed below.

Years of Service Maximum Accrual
1-3 20 working days
4-14 30 working days
15-22 40 working days
23-29 50 working days
30+ 60 working days

8.4 Employee vacation leave balances appear on each paycheck No employee shall take more than the equivalent of one (1) annual vacation period in any one calendar year, except with the advance approval of the department head.

Vacation which was deferred at the request or order of the department head and approved by the City Manager is excluded from the preceding provisions of this section.

Requests for deferring vacation must be presented to the City Manager before October 30 of any calendar year.

8.5 Time at Which Vacation Leave Shall be Taken
The times at which an employee shall take their vacation leave during the calendar year shall be determined by the department head with due regard for the wishes of the employee and particular regard for the needs of the service. Employees must request advance approval for vacation leave at least 48 hours in advance of the proposed date.

A supervisor/manager shall approve or deny an employee’s vacation use request within five work days of actual receipt of the employee’s written vacation request. Failure to respond within five working days is inappropriate but does not render the vacation request automatically approved.

At the beginning of each calendar year, employees may request in writing the dates they wish to utilize vacation leave during that year. During the months of January through March of each year, vacation requests shall be approved on the basis of seniority, provided that the supervisor may turn down a request if not enough skilled or certified employees would be available on a certain date. After March 31 of each year, 999
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vacation requests will be honored on a first come first served basis, while still ensuring that enough skilled or certified employees are available each day. However, the department head must ensure that each employee uses their vacation leave within the calendar year unless that employee requests and obtains deferment under the preceding provisions of this section.

8.6 Effect of Extended Military Leave on Vacation Leave For the purpose of determining length of service, time spent on military leave from City service shall be counted as time spent in the service of the City.

8.7 Vacation Amounts at Termination of Active Employment Following termination of active employment from whatever cause, the City shall pay to the employee or to the estate such vacation as was due to the employee at termination.

8.8 Vacation Usage
The City will permit employees to use vacation accruals in hourly increments.

9. Workers Compensation

9.1 Any City employee, who is medically certified to be temporarily disabled because of injury or illness arising out of and in the course of employment shall be paid temporary disability in accordance with The State of California Labor Code for Workers Compensation benefits.

9.2 When an employee returns to work or is medically determined to be permanent and stationary, the City's liability for temporary disability payments will cease. They may still be eligible for vocational rehabilitation maintenance allowance and other vocational rehabilitation benefits.

9.3 An employee who feels their rights are being violated due to their disability may file an internal complaint through the Human Resources Department utilizing the City's Americans with Disabilities Act complaint procedure and file for status under the Americans With Disabilities Act.

9.4 An employee absent on injury leave who is medically certified able to return to full duties shall return to work on the return-to-work date. Failure to do so may subject the employee to discipline.

9.5 During the time that an employee is disabled by reason of injury or illness arising out of or in the course and scope of their employment, neither their vacation leave nor sick leave account shall be charged for the purpose of paying compensation leave benefits during said period. They may, with the approval of the Department Head, use sick leave or vacation time while a claim is being investigated as to whether the injury or illness is work related. If the decision is made to approve Workers Compensation benefits, any sick leave or vacation will be re-credited to the employee. 1000
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9.6 A probationary employee will have their probationary period extended the same amount of time they are off work due to injury leave.

9.7 An employee who is medically certified to be a qualified injured worker and no longer able to perform the full duties of their position will continue to receive Worker's Compensation benefits provided by law, if applicable.

9.8 In the event that an employee's injury or illness results from the carelessness or negligence of a third party, the City of Richmond will have the right of subrogation for reimbursement of salary and benefits paid by the City under the Self Insurance Program.

9.9 An employee may be seen by a doctor of their choice when injured on the job if the employee has pre-designated that doctor in writing with the Department of Human Resources prior to the injury. If the employee has not pre-designated a personal physician, they must be seen by a City designated Medical facility/physician during the first 30 days from the date a claim is reported.

10. Court Appearances
Employees occasionally are required, by subpoena or otherwise, to be present at Court proceedings in connection with their City employment. Such Court appearances shall be in a full duty status. Employees are entitled, through normal administrative procedures, to payment by the City for out-of-pocket expenses.

Employees required, by subpoena or otherwise, to be present in Court not in connection with their City employment shall make such Court appearance either in no-pay status or on vacation time. However, an employee who witnesses or is the victim of a crime at work during work hours may testify under subpoena in a resulting criminal prosecution without loss of pay.

III C. HOLIDAYS
The following are the City's recognized holidays which apply to employees in Groups I and II.A.:

New Year’s Day January 1
Martin Luther King Jr.’s Birthday Third Monday in January Presidents Day Third Monday in February
Cesar Chavez Day March 31
Memorial Day Last Monday in May
Juneteenth June 19
Independence Day July 4
Labor Day First Monday in September
Admission Day September 9
Indigenous People’s Day Second Monday in October
Veteran's Day November 11
Thanksgiving Holidays Fourth Thursday in November
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and the following Friday
Christmas Day December 25
In addition to the holidays listed in the preceding paragraph, each employee in Groups I and II.A. shall be granted three (3) days which may be taken at any time during the calendar year subject to the approval of the employee's department head. Said holiday time must be taken during each calendar year and may not be carried over from one calendar year to the next. To be eligible for such holiday, an employee must have been working for the City prior to September 1 of the calendar year. With the exception of the two-hour floating holiday credit, the floating holiday must be taken as a full day, and not in hourly increments.

Employees in Groups I and II.A. shall be granted two (2) hours additional "floating holiday" time per calendar year; such time to be administered under provisions of paragraph 2 above.

Employees in Groups I and II.A. will be paid overtime for all regularly scheduled hours that they work on a holiday. A holiday is the 24-hour period of the day listed in Article 3(C)(1) above, starting at 0000 hours and ending at 2400 hours. Employees do not receive overtime for hours worked before or after the holiday during shifts that include hours over two consecutive calendar days, one of which is a holiday, unless required by law.

All employees in Groups I and II.A. shall receive holiday pay only if the holiday falls on their regularly scheduled workday.

III D. ALLOWANCES

1. Meal Allowance
A $9.75 meal allowance shall be allowed for each employee who works more than four (4) hours of unscheduled overtime on any of their normal days off.

For the purpose of this section "overtime" is considered to be unscheduled unless the request for such overtime is made more than eight (8) hours before the beginning of such overtime and does not involve calling an employee on their regular days off.

It is understood by the parties that no more than one (1) meal allowance shall be paid per fourhour overtime occurrence.

2. Safety Shoes
City agrees to reimburse employees up to three hundred ($300) to offset the cost of purchasing safety shoes. Safety shoes must comply with the current safety standard. Parties agree that such reimbursement shall be related to those classes of employees who would have need of safety shoes in the performance of their duties. Parties further agree a receipt must accompany requests for such reimbursement. Employees to whom the City provides safety shoe reimbursement, shall be required to wear them in the course of their work.

3. Certifications
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The City will provide for the certifications detailed in Attachment F either through tuition reimbursement, or by making the courses available to specific staff.

4. Uniforms
The City may require employee to wear uniforms. The City will provide the uniforms and shall determine their color, style, insignia, and materials. The City shall discuss uniforms’ style, color, and material with the employees and shall carefully consider their input. The City shall determine the frequency with which uniforms shall be replaced.

The City shall provide coveralls or pants, shirts and jackets to employees assigned field duties in the Parks Division of the Public Works Department. All other employees in Public Works shall wear pants, shirts, and jackets. Housing Authority Maintenance employees will receive coveralls.

5. Rain Gear
Rain gear consisting of rain suit (pants, jacket, head gear, and rubber boots) shall be provided to those Community and Cultural Services employees and Crossing Guards who are required to perform outside work during inclement weather. The Library shall have available three sets of rain gear available for Library Aides. All rain gear shall remain the property of the City.

III E. RETIREMENT
Group I Classic employees as defined by CalPERS who are covered by this MOU receive a 2.7% at age 55 retirement pension calculated based on one year’s final compensation. Classic employees pay 8% of pensionable compensation to CalPERS as their employee pension contribution.

Employees make this payment on a pre-tax basis pursuant to Internal Revenue Code Section 414 (h)(2) to the extent allowed by law.

New Group I employees as defined by CalPERS receive a 2% at age 62 retirement pension calculated based on three years average compensation. New members pay 50% of the normal cost of their pension (currently 6.25% but subject to change by CalPERS) to CalPERS as their employee pension contribution. Employees make this payment on a pre-tax basis pursuant to Internal Revenue Code Section 414 (h)(2) to the extent allowed by law.

Any rules or regulations of PERS that prohibit implementation of the above sections for part-time employees will invalidate the above provision(s). The City will make a good faith effort to implement the above provisions for Group I employees.

Employees not enrolled in CalPERS retirement shall participate in the alternative to Social Security retirement plan (i.e., defined contribution plan) sponsored by the City via the Public Agency Retirement Services (PARS), of which employees contribute seven and one-half percent (7.5%) on a tax-deferred basis.

ARTICLE IV - WORKING CONDITIONS
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IV A. HOURS OF WORK, MEAL PERIODS AND REST PERIOD

1. DEFINITIONS OF CERTAIN WORK UNITS:

To assist in the orderly administration of the City Government, the following definitions shall be used:

The workweek shall begin at 12:01 Sunday morning and shall end at 12:00 midnight Saturday.

This shall also be the seven-day Fair Labor Standards Act work period for bargaining unit employees.

The City Manager shall have the obligation and the right, when the needs of the City service clearly require, to establish on a regular continuing basis, workdays which are different from those herein defined.

2. ATTENDANCE:

Employees shall be in attendance at their work in accordance with the rules governing hours of work, holidays, and leaves. Absence without leave may be cause for disciplinary action.

Absence without leave, for three consecutive workdays shall be deemed job abandonment and shall be an automatic resignation as of the last date on which the employee worked. The City will make the following attempts to contact such employees: first class mail; certified mail; and phone calls to their last known address and emergency contact person, if known. If the City receives no response and has not been contacted by the employee, the employee will be considered as having resigned.

If the employee or an authorized representative of the employee contacts the City within 30 calendar days of the date of resignation requesting reinstatement, the City will, on a case-bycase basis, review the circumstances of the employee's absence and decide whether or not to reinstate the employee. This provision in no way limits the discretion of the City to discipline an employee for their absence without leave.

3. Employees shall be assigned a one-half (1/2) or one (1) hour unpaid meal period each day that the employee works five hours or more within a two (2) hour period at midpoint of each shift and a fifteen (15) minute paid rest period during the first half of the work shift if the employee's shift is five hours or more and another fifteen (15) minute rest period during the second half of the work shift if the employee's shift if five hours or more.

At each department head's option, lunch breaks may be scheduled for various lengths of time ranging from one-half (1/2) to one (1) hour
IV B. SAFETY COMMITTEE
The City agrees to establish a city-wide safety committee which will include membership from Local 1021, as well as other bargaining units and management. The committee will periodically 1004
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meet on matters of mutual concern. The purpose of the committee will be to entertain, discuss, and make recommendations on matters of concern regarding all aspects of safety in the workplace.

Recommendations from this committee shall be made to the City Manager. This committee does not preclude operating departments from having departmental safety committees. The committee’s meetings are not “negotiations” under the MMBA.

All grievances related to safety will be responded to within three (3) working days. The City shall issue quarterly reports through the Safety Committee containing information on all work-related injuries and illnesses.

IV C. MEETINGS WITH SUPERVISORS
When an employee is required to attend meeting with one or more supervisors which may result in discipline, the employee's "Weingarten Rights" (see attachment) shall be honored. The employee shall have the right to have at least one representative.

An employee may not insist on bringing a representative to a meeting with supervisory personnel when they are told that the meeting is not of a disciplinary nature.

IV D. EMPLOYEE ASSISTANCE PROGRAM (EAP)

1. The City and the Union recognize the value and need for counseling and assistance programs to help employees deal with problems such as alcohol or chemical dependency, divorce, stress, psychological concerns, or other circumstances which can interfere with job performance and job satisfaction. Both parties view the EAP as a positive tool to help deal with these types of problems.

2. The EAP shall provide preventive materials and training as well as individual diagnosis, counseling, and crisis intervention. Eligible employees will be eligible for up to five EAP visits per fiscal year.

3. Eligibility:

The EAP is available to all bargaining unit employees and their families after the employee has completed one year of continuous service with the City immediately prior to the request for EAP services.

4. Referrals:

Referral procedures will be designed to facilitate (a) self-referrals, (b) management referrals, (c) union referrals, (d) medical referrals, and (e) family referrals. After seeing a particular individual, the program may refer the client to other agencies, services, or facilities, when appropriate. The ultimate decision to accept assistance through the program is the personal choice of the individual employee, however, management may refer employees to the program. 1005
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5. Confidentiality:

In the case of management referrals, the city shall, upon request, be informed of employee attendance in the program and whether the employee completed the program successfully. All other information shall be strictly confidential and shall be released only when requested by the individual.

6. Job Security:

Referral to or participation in the diagnosis or counseling services of the EAP will not jeopardize any employee's job security or promotional opportunities.

7. Report and Evaluation:

Every 6 months, a review of the EAP will be made to evaluate utilization and potential areas of improvement Such review shall be made jointly by the Union and Management.

8. Contractual Rights and Obligations:

An employee participating in the program shall be expected to meet all contractual obligations and established work rules, unless waived by mutual agreement of the City and the Union.

Said employee shall have full access to the grievance procedure and other contractual protection.

IV E. OCCUPATIONAL HEALTH, SAFETY AND WELLNESS PROGRAMS

1. Safety Training:

Mandatory safety training will be conducted for all staff, targeted to specific classifications and positions.

2. Light Duty Program:

Employees will be covered by the City-wide light duty policy.

3. Stress Reduction:

The City will make stress reduction programs available to employees in this bargaining group when such training is being offered on a City-wide basis. 1006
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ARTICLE V- PERSONNEL PROVISIONS
V A. LAYOFF
The following layoff provisions apply only to employees in Groups I and II.A.

1. The City Manager may layoff an employee from the classified service because of shortage of work, lack of funds, material change in duties or organization, return of an employee from a leave of absence, or for other valid reasons. All possibilities for a transfer must be exhausted before layoff.

2. At least two weeks prior to the effective day of a layoff of a member of the bargaining unit, the Human Resources Director or designee shall notify the affected employee and the Union of the proposed action with the reasons therefore and shall submit at that time a statement certifying in each case, whether or not the services of the employee to be laid off have been satisfactory. Employees who have bumping rights will be given a maximum of one week to exercise such rights; individuals who cannot be contacted during this one-week period shall be deemed to have exercised their bumping rights.

For employees without bumping rights to any position, the City may provide two weeks severance pay in lieu of layoff notice.

To provide the opportunity for sharing of information and discussion of mitigation measures and effects of layoffs, the City will notify the Union when it has made a firm decision to effect layoffs. Upon notification to the Union, the City and Union shall meet without delay so that the Union may receive information from the City and provide input and questions, provided that such meeting shall not result in delays in layoffs.

3. Order of Layoffs
a. Employees in Group I may bump Group II and III employees in positions that the Group I employees have previously held.
b. Group IIA employees may bump IIB and Group III employees, as well as less senior IIA's in the same class if they have previously held the position. c. Group IIB and Group III employees have no layoff rights.

4. Whenever the layoff of one or more employees shall become necessary, as defined in Article XIII of the Charter and this section, such layoff shall be made within classification and department when employees with permanent appointments in the class are involved.

5. The order of layoff of employees with permanent appointments in the class shall be in the reverse order of total cumulative time served as a Group I, IIA., or full-time employee on the established date for the layoff to become effective. This will permit layoff to the next lower class provided the total City seniority both as a full-time permanent employee and/or as a permanent part-time employee exceeds the total seniority of at least one (1) employee in the next lower class. Layoff to the same or a lower class shall occur City-wide, enabling employees to move within other departments. Transfers to comparable classes may occur as 1007
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determined by the Director of Human Resources after meeting and conferring with the Union.

Permanent part-time employees will earn seniority on an hour for hour basis.

Total cumulative time as used in this Memorandum of Understanding only, applies to years of service with the City and does not take into account how many hours per year one employee worked in comparison to another.

6. No employee holding a permanent appointment in the class from which layoff is to be made shall be laid off unless all probationary employees in that class have first been terminated.

7. Group I and IIA employees shall be entitled to be placed on the re-employment lists. By accepting a IIA or lesser position, employees laid off from a Group I position do not waive the right to return to a Group I position. The names of probationary employees and employees with permanent status who are laid off shall be placed on appropriate re-employment lists in the order of total cumulative time served in the Classified Service of the City. Total cumulative time in such cases shall include time served on military leave of absence from the Classified Service.

V B. PROBATIONARY PERIOD
The following probationary provisions apply only to employees in Group I.

1. Purpose of the Probationary Period
The probationary period is a basic part of the employee selection process and shall be used for close observation of the employee's work and conduct, for securing the most effective adjustment of a new employee to their position, and for rejecting any probationary employee whose performance clearly does not meet the minimum standards of work production, conduct, fitness, and development which are required.

2. Length of Probationary Period
All appointments made from eligible lists to permanent positions shall be tentative and subject to a probationary period. A one-year probationary period shall be served by all those individuals initially appointed to the classified service. The department head may request that a probationer may be granted their earned permanent status in less than one year. Any time served as a temporary, seasonal or contract employee shall be applied to the original permanent probationary period up to a maximum of six months.

The City shall advance each of said employees to the next salary step following successful completion of said probationary period providing the employee has performed meritoriously.

Release of probationary employees is not subject to the grievance procedure.

3. When an employee in Group I is appointed from a promotional list of eligibles in Groups II and III, the appointee shall serve a six-month probationary period.

4. When an employee is promoted to a classification in which a license or certificate of 1008
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proficiency is required, the probationary period shall be one year in order to provide the appointee with ample opportunity to acquire such certification. These classifications include, but are not limited to, those listed in Attachment E.

Classifications may be added or deleted to meet the needs of the City.

5. Rejection During Probationary Period
During the probationary period, any probationary employee may be rejected at any time by the department head. Notification of rejection in writing and reasons for rejection shall be served upon the probationer, and a copy filed with the Director of Human Resources.

6. Rejection of Probationer Following Promotion
Any employee rejected during the probationary period following appointment to a higher classification shall be reinstated to the position from which they were appointed unless charges are filed and they are discharged in the manner provided in Article XIII of the Charter and the Personnel Rules.

7. Probationary Performance Reports
It shall be the duty of each department head during the probationary period of each employee in their organization to investigate thoroughly the probationer's adjustment, performance, and general acceptability to determine whether or not the probationer is fully qualified for permanent appointment. They shall be responsible for reports on the probationer's performance and conduct at the completion of every three (3) calendar months during the probationary period, or more frequently if deemed desirable by the department head, such reports to be reviewed with the probationary employee by the rater. The department head shall give a copy of the reports to the probationary employee.

The final probationary report on each probationer shall include the department head's recommendation to the City Manager either to retain or reject the probationer. Such reports shall be upon forms prescribed by and submitted to the Director of Human Resources.

8. Effects of Leaves of Absence on Probationary Period
The probationary period of a given employee shall be extended by the time equal to the time they were on leave of absence other than sick leave, vacation, or holiday leave during their probationary period.

V C. REINSTATEMENT

1. Any employee in groups I or II who has resigned with a good record as has been determined by the department head at the time of resignation upon the prescribed form, or who has been laid off, may be reinstated within three (3) years to their former position, if vacant, or to a vacant position in the same or comparable class, or to a lower class in the same class series, in the absence of a reemployment list or appropriate promotional eligible list. 1009
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2. Reinstatement is not a right which an employee may exercise at their option, but rather a means by which a department head may bring back an employee who has rendered fit and efficient service.

3. An ex-employee who is reinstated is not entitled to sick leave for prior service.

4. If there is a question of physical or mental ability or of knowledge and skills, proper examinations may be required by the Human Resources before an ex-employee can be reinstated. A medical examination may be required.

V D. RESIGNATION

1. An employee wishing to leave the Classified Service in good standing shall file with their supervisor at least 14 days before leaving the service, a written resignation stating the effective date and reasons for resigning. The resignation shall be forwarded to the Director of Human Resources with a statement by the department head evaluating the services of the employee.

2. Failure to comply with this section shall be entered on the employee's service record and may be cause for denying future employment with the City.

V E. SEVERANCE PAY
Employees in Groups I and IIA who are laid off due to reduction in force shall be entitled to severance pay in the amount of six (6) days (pro-rated if permanent part-time) of unused sick leave for each year of continuous service up to a maximum of thirty (30) days' pay. Any such employee who is laid off and subsequently re-employed by the City shall only be entitled to receive severance pay for those workdays during which the individual was not in an employment status.

The City will maintain its regular level of contribution towards health and life insurance benefits for one (1) month, in addition to providing a second month of full coverage, for any permanent employee who is laid off.

V F. REASSIGNMENT
A department head shall have the right to reassign any employee from one position to any other position in the same class in their department. Factors to be considered when determining respective job assignments for permanent employees will include seniority as well as training, past performance, and experience. However, no employee shall be reassigned from one position to another position in the same class in a different department unless both department heads consent and the employee so requests in writing; providing that, in the best interests of the service and upon the recommendation of the Director of Human Resources, the City Manager may so reassign an employee whether or not they request it. An employee shall be given at least ten working days advance notice of a reassignment, except in event of an unanticipated need, such as unanticipated absence by another employee.

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for disciplinary reasons without having an opportunity to go through the necessary appeal process, e.g., Skelly meeting and grievance.

V G. TRANSFER

1. All vacancies shall be posted on appropriate bulletin boards so that present City employees may request transfer.

2. Employees wishing to transfer within the City, must respond to position announcements in writing to the Human Resources Department.

3. There is a sixty (60) day "probationary period" for employees in Group I who transfer in the same class between departments. Either the employee or the City may decide that the employee should return to their fom1er position and department during that probationary period.

V H. ORAL INTERVIEWS -UNION OBSERVER
The Director of Human Resources may authorize a representative of the Union, other than an employee of the City, to sit as an observer of an interview board convened for the purpose of interviewing promotional candidates, for positions in Group I, if any such candidate requests it. If approved, the observer must attend each interview for each candidate in the promotional examination.

V I. PAYDAYS
Paydays fall on the 1st and the 16th of every month. If the 1st or 16th day of the month falls on Saturday or Sunday, the preceding Friday shall be the pay day.

V J. ACTION FORMS
Employees will receive a copy of any Personnel Action Form which increases salaries as a result of within-range step increase, merit increase, promotion, or work in a higher classification. Action forms which include the names of more than one employee will not be copied to the employees.

V K. PERSONNEL FILES

1. Employees may inspect their personnel files in the central Human Resources Department or their department.

2. An employee will be given a copy of any derogatory information placed in the personnel file of the central Human Resources Department or their department.

3. Any derogatory information placed in the department personnel file must be placed in the central personnel file within fifteen (15) days.
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Article V – Personnel Provisions
Memorandum of Understanding
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V L. EXAMINATION ANNOUNCEMENTS
The City will distribute copies of all examination announcements to all City departments, including major divisions within departments as well as the business agent for Local 1021 and one City union official designated by Local 1021.

V M. NEPOTISM

1. General Policy
The City of Richmond is committed to fostering a professional work environment where all employees are treated fairly and impartially by their supervisors. Personal relationships very often cause problems in the workplace, such as a lack of objectivity toward a subordinate's job performance, the perception of favoritism by other employees (whether justified or not), and potential sexual harassment or discrimination complaints once relationships end. Accordingly, supervisors are prohibited from dating, engaging in amorous relationships with or participating in sexual relationships with employees who report to them directly or indirectly.

In addition, employees are not allowed to work in a position that would result in that employee directly or indirectly supervising or reporting to an immediate family member or significant other as defined below. This policy covers all family-like relationships regardless of blood or legal relationship.

2. Employee Marriages
Upon the adoption of this policy, employees are prohibited from working in jobs where they directly or indirectly report to, or are supervised by, an immediate family member.

City employees are required to immediately notify the Director of Human Resources of a relationship that violates this policy. Should a situation exist that is prohibited by this policy, either related employee may request a transfer in order to comply with this policy.

When possible, the City will attempt to accommodate the transfer request. The City reserves the right not to transfer an employee based on business considerations. If a transfer is not approved or if neither employee requests a transfer, the City shall terminate the employee with the least seniority.

Exemption: Employees that are working in a position where they directly or indirectly supervise or report to an immediate family member on the date this policy is adopted shall be exempt from the provisions of this policy that prohibit an such working relationships.

Employees who violate this policy will be subject to disciplinary action up to and including termination.

Questions concerning the application of this policy to an employee or applicant should be directed to the Human Resources Department.
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Article VII – Resolution
Memorandum of Understanding
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ARTICLE VI-GRIEVANCE AND APPEAL
VI.A GRIEVANCE DEFINITION AND PROCEDURE
This grievance procedure is applicable to all bargaining unit employees.

This article establishes a procedure to hear and resolve grievances concerning issues subject to the procedure.

A grievance is an allegation by the Union or one or more employees that the City has violated the Memorandum of Understanding (MOU) concerning the interpretation, enforcement, or application of a specific provision of this MOU. An alleged violation that can be raised as a defense of any kind to a disciplinary action must be raised in the appeal to the disciplinary action and may not be grieved under this Section.

1. Time Limits: The employee and/or the Union must initiate a grievance within twenty-one (21) calendar days (all time limits in this section use “days” to mean “calendar days”) of the occurrence of the dispute or twenty-one (21) days from such time as the employee could have been aware of the problem. At each grievance procedure step, the City representatives shall have fourteen (14) days to respond to the grievance, unless otherwise specified below. The Union or employee shall have fourteen (14) days from receiving notice of a rejected grievance to forward the grievance to the next higher step. The time limits of the grievance procedure (including those for meetings) may be extended by mutual agreement of the parties. Failure of the Union or employee to act within the specified time limits, unless mutually extended, shall dismiss and nullify the grievance. Failure of the City to observe such time limits, unless mutually extended, shall cause the grievance to be moved to the next higher step. Furthermore, by mutual agreement in writing, the parties may bypass meetings or steps set forth in this process.

2. Compensation Complaints: All complaints involving or concerning the payment of compensation shall be initially filed in writing with the Director of Human Resources.

Complaints involving or concerning the payment of compensation are subject to this grievance procedure only if they conform to the definition of “grievance” stated above. Any other matters of compensation are to be resolved in the meeting and conferring process and if not detailed in the Memorandum of Understanding which results from such meeting and conferring process shall be deemed withdrawn until the meeting and conferring process is next opened for such discussion. No adjustment shall be retroactive for more than three (3) years from the date upon which the grievance was filed.

3. Procedure:

Step 1: Immediate Supervisor
An employee (or Union) who believes that they have a grievance shall discuss their complaint with their immediate supervisor (or such management official designated by the department head). This meeting shall be held in an effort to resolve the grievance informally. The 1013
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Article VII – Resolution
Memorandum of Understanding
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immediate supervisor/management employee will have fourteen (14) days from the date of the informal discussion to respond to the filer of the grievance. If an agreement is reached to resolve the issue, the immediate supervisor/management employee will confirm the outcome in writing.

Step 2: Department Director
If the parties do not resolve the grievance at Step 1, the Union or employee shall submit the grievance in writing to the employee’s department director or designee. The department director or designee will meet with the grievant within fourteen (14) days of having received the grievance and shall reply within ten (10) days following said meeting.

Step 3: Director of Human Resources
If the parties do not resolve the grievance at Step 2, the Union or employee shall submit the grievance in writing to the Director of Human Resources. The Director of Human Resources will meet with the grievant within twenty-one days of having received the grievance and shall reply within ten (10) days following said meeting.

Step 4: Mediation

If the parties are unable to reach a mutually satisfactory accord on any grievance, the parties shall have fourteen (14) days to decide, by mutual agreement, to submit the dispute to mediation. Unless there is mutual agreement to mediate, the grievance shall move to Step 5.

The mediation will be convened within forty-five (45) days of receipt of the timely request for mediation. The mediator will either be a mediator from the State Mediation and Conciliation Services or a mediator mutually agreeable to the City and the Union.

If a State mediator is not timely available and the parties are unable to mutually agree on a mediator, the parties shall request a list of seven (7) mediators from the State Mediation and Conciliation Service. After the receipt of the list, following the toss of a coin with the Union predicting either heads or tails, the Union, if the “winner” or the City if the Union is not the “winner,” shall strike the first name and the parties alternatively strike mediator names from the list until one name remains. That remaining name shall be the assigned mediator unless the mediator is unavailable during the next forty-five (45) days and then the second to last name shall remain. (The process of moving up the names if the mediator is unavailable during the next forty-five (45) days shall continue until a mediator is timely available.) Any fees and expenses of the mediator shall be shared equally by the Union and the City. Each party shall bear the costs of its own presentation, preparation, and briefs, etc.

Step 5: Arbitration

If the matter still remains unresolved, the Union may request arbitration.

An impartial arbitrator may be designated by mutual agreement between the Union and the Director of Human Resources or designee. In the event the parties are unable to agree on an arbitrator, the parties shall request a list of seven (7) arbitrators from the State Mediation and Conciliation Service. After the receipt of the list, following the toss of a coin with the Union 1014
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Article VII – Resolution
Memorandum of Understanding
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predicting either heads or tails, the Union, if the “winner” or the City if the Union is not the “winner,” shall strike the first name and the parties alternatively strike arbitrator names from the list until one name remains. The parties shall select an arbitrator within ten (10) days of the Parties’ receipt of the list of arbitrators from the State Mediation and Conciliation Service. Any fees and expenses of the arbitrator shall be shared equally by the Union and the City. Each party shall bear the costs of its own presentation, preparation, and briefs, etc.

The arbitrator shall have access to all written statements and documents relevant to the grievance. The arbitrator shall render a decision no later than thirty (30) days after the conclusion of the hearing. The arbitrator’s decision shall be in writing and shall be final and binding on both parties and made in accordance with, and in conformance to, the terms of this MOU. Copies of the decision will be furnished to both parties.

The arbitrator shall have no authority to add to, delete, or alter any provision of this MOU, but shall limit the decision to the scope, application, and interpretation of the provisions of this MOU and may issue no decision that would require either party to violate existing law.

VI B. DISCIPLINE
This section on discipline is applicable to employees in Group I only.

1. Written Reprimand
Written reprimands may be appealed to the employee’s department director within fourteen (14) days following receipt of the reprimand. The department director’s response to the appeal shall be final. The employee and/or the Union may submit a statement of rebuttal within ten (10) days of the employee’s receipt of the reprimand which shall be maintained with the reprimand in the employee’s file for so long as the reprimand remains.

2. Disciplinary Action (Demotion, Unpaid Suspension, Dismissal, Reduction in Pay)

2.1 The City shall issue a written Notice of Intent to Discipline to the employee. The written notice shall include:
a) a description of the proposed action and its effective date(s); b) a clear and concise statement of the reasons for such action, including the acts or omissions on which the disciplinary action is based; c) a statement advising the employee has the right to respond, either verbally or in writing, to the proposed disciplinary action and the employee’s written response or employee’s request to present a verbal response must be made within fourteen (14) days of the written notice;
d) a statement advising the employee that an untimely response constitutes a waiver of the right to respond; an
e) a statement that a copy of the materials upon which the action is based is attached or available for inspection upon request.

2.2 If the employee elects to respond in person, a meeting will be scheduled with the 1015
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Article VII – Resolution
Memorandum of Understanding
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“Skelly Officer” at which time the employee will be given the opportunity to respond to the proposed action. The employee is entitled to be represented by a person of their choosing at the meeting. The Skelly meeting ensures that the employee has been informed of the allegation(s) through a notice of intended disciplinary action, has received (or had the opportunity to receive) the materials upon which the proposed disciplinary action is based, has the opportunity to refute the allegations, and has an opportunity to mitigate the allegations or rehabilitate their standing with the City prior to the imposition of any actual disciplinary action. The function of the Skelly Officer is to provide an objective review of the proposed discipline and the employee’s response. The Human Resources Director or designee shall select a Skelly Officer who is not in the same department as the employee receiving discipline. Furthermore, the Skelly Officer shall not be a participant in the disciplinary action or a witness to event(s) giving rise to the disciplinary action. The Skelly Officer makes a recommendation to the department director as to whether the disciplinary action should be sustained, modified in some way, or revoked.

2.3 After receiving the recommendation from the Skelly Officer following the Skelly meeting, or if the employee elects to respond in writing, does not respond in writing, or is untimely in responding in writing (or requesting to respond orally), then the City shall issue a Notice of Discipline or a notice rescinding the notice of intent to discipline.

No action to impose discipline against an employee shall be initiated more than ninety (90) days from the date of the conclusion of a timely formal investigation except for conduct which would constitute the commission of a crime. Initiation of discipline for the purposes of this provision is the date of the charging letter or notice. The discipline imposed may take into account conduct which is documented in the employee’s personnel file or was the subject of a prior disciplinary action.

3. Post-Discipline Appeal Procedure for Disciplinary Actions Other than Reprimand.

An employee may within fourteen (14) days appeal the Notice of Discipline as follows:

Personnel Board. A disciplinary action appeal to the Personnel Board shall be under Personnel Rule IX (Appeals-Hearings) as existing as of July 1, 2021, or under applicable Personnel Rules as amended from time-to-time. Any action by the Personnel Board is advisory to the City Manager. The City Manager or designee will then issue a final decision within fourteen (14) days of receiving the recommendation and may, but is not required, to accept the Personnel Board’s recommendation. In the event the City Manager/designee does not accept the Personnel Board’s recommendation, then the Personnel Board may submit, within fourteen (14) days of the City Manager’s decision a recommendation to the City Council for the Council’s review and the City Council shall take action as described in Personnel Rule IX (Appeal-Hearings) Section 5 as existing as of July 1, 2021, or as may be amended from timeto-time.

OR
Arbitration. The Union may request arbitration in lieu of a presentation to the Personnel Board.

An impartial arbitrator may be designated by mutual agreement between the Union and the 1016
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Article VII – Resolution
Memorandum of Understanding
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Director of Human Resources or designee. In the event the parties are unable to agree on an arbitrator, the parties shall request a list of seven (7) arbitrators from the State Mediation and Conciliation Service. After the receipt of the list, following the toss of a coin, the Union shall strike first if the coin lands heads-up and the City shall strike first if the coin lands tails-up.

Thereafter, the parties shall alternatively strike arbitrator names from the list until one name remains. Any fees and expenses of the arbitrator shall be shared equally by the Union and the City. Each party shall bear the costs of its own presentation, preparation, and briefs, etc.

The arbitrator shall have access to all written statements and documents relevant to the discipline appeal. The arbitrator shall render a decision no later than thirty (30) days after the conclusion of the hearing. The arbitrator’s decision shall be in writing and shall be final and binding on both parties and made in accordance with, and in conformance to, the terms of this MOU. Copies of the decision will be furnished to both parties.

The arbitrator shall have no authority to add to, delete, or alter any provision of this MOU, but shall limit the decision to the scope, application and interpretation of the provisions of this MOU and may issue no decision that would require either party to violate existing law.

ARTICLE VII- RESOLUTION
VII A.TERM OF AGREEMENT
This Memorandum of Understanding shall be in full force for four years, commencing July 1, 2025 and ending June 30, 2028.

VII B.CONTRACTING OUT
The City will notify the Union at least forty-five (45) days in advance of any action taken by the City to contract or subcontract work customarily performed by the members of the Part­time employee Bargaining Unit, and the Union shall be provided an opportunity to discuss with the City any effect of such contracting or subcontracting upon the members of the bargaining unit.

The City shall not, during the term of this MOU, contract out any work in the areas of (1) street sweeping, (2) parks and recreation centers, or (3) libraries. Further, the City certifies that as of the effective date of this Agreement it has no intent to contract out any further work in areas of street maintenance or "signs and lines."
VII C.AGREEMENTS FURNISHED
A new Memorandum of Understanding incorporating the terms and conditions of this settlement will be printed with joint efforts to accomplish this within sixty (60) days following the execution of this Memorandum of Understanding. The cost of printing these agreements in a quality acceptable to both groups will be shared equally by the City and the Union. The salary schedule will be published as part of the MOU.
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Local 1021 Part-Time & Intermittent Employee
Article VII – Resolution
Memorandum of Understanding
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VII D.FULL UNDERSTANDING
The parties understand that the agreements set forth herein are final. No change or modifications shall be offered, urged, or otherwise presented by the Union or the City prior to June 30, 2028; However, nothing herein shall prevent the parties to this Memorandum of Understanding from meeting and conferring and making modifications herein by mutual consent.

VII E. SEVERABILITY OF PROVISIONS
In the event one or more provisions of this Memorandum of Understanding are declared by a Court or administrative body of competent jurisdiction to be illegal or unenforceable, such findings shall not affect any other provisions of this Memorandum of Understanding, all of which other provisions shall remain in full force and effect.

VII F. RETROACTIVITY
All provisions of this Memorandum of Understanding are effective upon ratification by the City Council, unless specifically noted as being effective upon an earlier date.

VII G. NO STRIKE/NO LOCKOUT PROVISION
During the term of this Memorandum of Understanding, the Union shall not engage in any strike, work stoppage, work slowdown, or job action against the City; and the City shall not engage in any lockout of Union members.

For the Union: For the City:
______________________________ ______________________________ Ronald Collins Jack Hughes
Chief Negotiator Chief Negotiator
SEIU Local 1021 City of Richmond
_____________________________ _________________________________ Josiah Branaman Nickie Mastay
Field Representative Deputy City Manager
SEIU Local 1021 City of Richmond
_____________________________ _________________________________ Kevin Tisdell LaShonda White
President Deputy City Manager
SEIU Local 1021 City of Richmond
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Local 1021 Part-Time & Intermittent Employee
Article VII – Resolution
Memorandum of Understanding
- 42 -
_____________________________ ___________________________________ Henry Powell Sharrone Taylor
Vice President Director of Human Resources
Richmond Chapter, SEIU Local 1021 City of Richmond
____________________________________
Emily Combs
Director of Finance
City of Richmond
_____________________________
Catherine Selkirk
Human Resources Manager
City of Richmond
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Local 1021 Part-Time & Intermittent Employee
Attachment A
Memorandum of Understanding
- 43 -

ATTACHMENT A

CITY OF RICHMOND

SEIU PART-TIME AND INTERMITTENT EMPLOYEES
EFFECTIVE JUNE 30, 2025
Job Description Range
Step 1
Min Step 2 Step 3 Step 4 Step 5Max
(Hourly) (Hourly) (Hourly) (Hourly) (Hourly)
ADMNISTRATIVE STUDENT INTERN 566 $19.28 $21.33 $23.32 $25.43 $27.37 AQUATIC ASSISTANT 524C $19.66
AQUATIC INSTRUCTOR 525D $19.66 $20.64
AUDITORIUM AIDE 546B $19.66 $20.64 $21.69 $22.76 $23.92 COMMUNICATIONS DISPATCHER II PER DIEM 041C $48.15 $50.56 $53.09 $55.74 $58.53 COMMUNITY AMBASSADOR 546B $19.66 $20.64 $21.69 $22.76 $23.92 LEARNER COORDINATOR 282A $29.98 $31.18 $32.55 $33.97 $35.57 LIBRARY AIDE 650A $20.73 $21.76 $22.87
LIBRARY PAGE I 652A $19.28 $20.23 $21.24
LIBRARY PAGE II 654A $19.66 $20.64 $21.69
LIFEGUARD 546A $19.66 $20.64 $21.69 $22.76
MAINTENANCE AIDE 879 $19.28 $20.23 $21.24 $22.29 $23.39 OFFICE AIDE 622 $19.66
OFFICE CLERK-CASHIER 627 $19.28 $20.23 $21.24 $22.29 $23.39 PARATRANSIT AIDE 656A $19.66
PARK STEWARD 879 $19.28 $20.23 $21.24 $22.29 $23.39
POLICE CADET 503 $19.28 $20.23 $21.24 $22.29 $23.39
PUBLIC SERVICE SUPPORT LIBRARIAN AIDE 534 $21.76
PUBLIC SERVICE SUPPORT LIBRARIAN 282 $31.84 $33.28 $34.76 $36.17 $37.91 RECREATION PROGRAM AIDE 540 $19.28 $20.23 $21.24 $22.29 $23.39 RECREATION PROGRAM LEADER 546B $19.66 $20.64 $21.69 $22.76 $23.92 RECREATION PROGRAM SPECIALIST 544A $22.76 $23.91 $25.07 $26.34 $27.65 SCHOOL CROSSING GUARD 860A $19.66
SENIOR LIFEGUARD 546B $19.66 $20.64 $21.69 $22.76 $23.92 1020
Local 1021 Part-Time & Intermittent Employee
Attachment B
Memorandum of Understanding
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ATTACHMENT B

CITYWIDE SERVICE QUALITY

COMMITTEE
The parties recognize that the primary goal of the City and its employees is to provide quality and efficient public service to Richmond residents, businesses, and visitors.

Therefore, SEIU Local 1021 and the City shall form a committee to work together in good faith to assess, monitor and improve service delivery for the residents of the City of Richmond. TI1e committee will include representatives of SEIU Local 1021 and Local 21 and shall be broadly representative of the various City departments and shall be chaired by the City Manager or designee. The committee shall meet regularly, at least once per quarter, to assess how well City services are delivered and to:
o review appropriate work and performance standards
o recommend revisions to such standards
o monitor productivity of work units, and
o recommend steps for improvement in productivity and service delivery The committee shall operate by consensus. A maximum of five (5) representatives of SEIU Local 1021 (two standing members and three subject matter experts) and five representatives of Local 21 shall participate in the committee.

The committee shall issue a report on a semi-annual basis.

The City retains its prerogative to maintain and modify performance standards and individual performance.
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Local 1021 Part-Time & Intermittent Employee
Attachment C
Memorandum of Understanding
- 45 -

ATTACHMENT C

DEFINITIONS
CATASTROPHIC LEAVE: An employee suffering from a severe illness or injury expected to incapacitate the employee for an extended period or a similar illness or injury to a spouse, minor child or parent may apply for catastrophic leave. To be eligible, the employee must have been an employee of the City for at least one year and have exhausted all sick, vacation, and compensatory leave. The employee must also not be receiving any other leave payments such as workers compensation or long-term disability. Application for catastrophic leave must be made through the employee's Department Head. Employees may donate their vacation leave to the catastrophic leave bank to be used by a qualified employee.

CLASSIFICATIONS: A group of positions sufficiently similar with respect to their duties and responsibilities that (a) the same descriptive title may be used to designate the positions allocated to the classification (class), (b) the same basic minimum qualifications as to education and experience may be required of all incumbents, (c) the same selection devices may be used to screen qualified employees, and (d) the same salary rate or range can apply with equity under substantially the same working conditions.

DEPARTMENTAL WORKING HOURS: All offices of the City Government, except those for which special regulations shall be issued by the City Manager, shall be kept open each day except Saturday, Sunday, and holidays continuously from 8:30A.M. until 5:00P.M.

EMERGENCY RETIREMENT: In the event an employee is suffering from a terminal illness, they can initiate an emergency retirement to ensure the maximum benefits to their family.

Employees wishing to initiate an emergency retirement must contact the Human Resources Management Department for assistance in obtaining and filling out the appropriate PERS forms.

FINGERPRINTING: As required by California Public Resources Code Section 5163 certain employees who work with or around children must be fingerprinted and have their records checked with the Department of Justice. This will occur upon initial hire or when an employee's assignment is changed so that they fall under the Law's requirement.

IMMEDIATE FAMILY: The immediate family of an employee shall include: wife, husband, mother, father, grandmother, grandfather, sister, brother, child, father-in-law, mother-in-law, brother-in-law, sister-in-law, stepchild, stepfather, stepmother, legal guardian, grandchildren, aunt, uncle, domestic partner, as defined, and all minors living as a member of the family. In unusual cases, the City Manager may make exceptions to these restrictions.

Domestic partners are two adults who have chosen to share one another's lives in an intimate and committed relationship of mutual caring, who live together, and who have agreed to be jointly responsible for basic living expenses incurred during the domestic partnership. 1022
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Attachment C
Memorandum of Understanding
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REASSIGNMENT: A department head may reassign an employee from one position to any other position in the same classification in their department.

REGISTERED DOMESTIC PARTNER: For purposes of this MOU, when referred to herein the term "Registered Domestic Partner" shall mean a person who meets the criteria specified in Section 297 of the Family Code of the State of California and who is duly registered as such by the California Secretary of State's Office.

TEMPORARY EMPLOYMENT: Temporary full-time or part-time employment is limited to a maximum of 180 calendar days or up to 270 days if the employee be replaced is unable to return due to illness.

TRANSFER: An employee's voluntary request to move to another department or a position within their department within the same classification. Such transfers require the department head's approval. If the move is from one department to another, the transfer will require both department heads' approval.

TUBERCULOSIS TESTING: As required by California Public Resources Code Section 5164, certain employees who work with or around children are required to be tested for tuberculosis. The County Health Department will determine what remedial actions are necessary if an employee tests positive.

WORKERS COMPENSATION CLAIM: If an employee is injured on the job or becomes ill due to work related conditions, the employee must report this to their supervisor as soon as possible.

The supervisor will provide the employee with the necessary claim forms and a pamphlet on employees' Workers Compensation rights. For more information, see Article III, Section B.9. of this MOU and the City's Health and Safety Manual.
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Attachment D
Memorandum of Understanding
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ATTACHMENT D

WEINGARTEN RIGHTS
The Supreme Court has ruled that an employee is entitled to have a Union representative present during any interview which may result in discipline. These are called your Weingarten Rights.

1. You must request that a Union representative be called into the meeting.

2. You must have a reasonable belief that discipline will result from the meeting.

3. You have the right to know the subject of the meeting and the right to consult your Union representative prior to the meeting to get advice.

4. Do not refuse to attend a meeting if a steward is requested but denied. The Union suggests you attend the meeting and repeatedly insist upon your right to have a Union representative present. If this fails, the Union suggests that you not answer any questions and take notes. 1024
Local 1021 Part-Time & Intermittent Employee
Attachment E
Memorandum of Understanding
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ATTACHMENT E
Personnel Rule IX. Appeals-Hearings
The following Personnel Rule governing appeals and hearings, which is set forth in Sections 1 through 4, is reproduced for information purposes only and is not part of this Memorandum of Understanding.

Section 1. Purpose
It is the purpose of this rule to provide a fair, orderly procedure whereby an employee shall have the right to appeal to the Personnel Board relative to any situation bearing upon their employment status or conditions of employment. However, it is expected that they have exhausted all other means within the City service. It is further the purpose of this rule to provide for informal hearings to the maximum extent consistent with fairness to both the appellant and the City. An employee has the right to appear before the Board with or without counsel. In all complaints and appeals, the employee shall have the right and duty to state the nature of and the reasons for their complaint or appeal, to present their point of view, to direct such questions as are proper to any employee or officer of the City who is involved and shall, in turn, be required to answer such proper questions as the Board and any employees or officers of the City may direct to them, provided such questions shall further the findings of fact in the case. In no case shall the Board be required to observe formal rules of evidence.

The Board or employee may require verbatim minutes to be taken of any hearing.

Section 2. Procedure for Requesting Hearing on Complaints Any employee who wishes personally to present their complaint to the Board should first have aired their complaint to their supervisor(s), to their department head, to the Director of Human Resources Management and to the City Manager in the order named. Any grievance and its reply shall be reduced to writing and initialed by both parties, and a copy of the grievance and its reply shall be given to the employee involved. Such documentation shall begin at the department head level. When these means have been exhausted, they shall submit, in writing, their request for a hearing to the Director of Human Resources Management, which must include the documented statement that the appealing employee has presented their complaint to their department head, the Director of Human Resources Management and the City Manager; that they have not obtained the redress or corrective action which they seek; the nature and the reason for the appeal; and the corrective action or redress which the appealing employer wishes the Board to provide.

Upon receipt of such request, the Director of Human Resources Management shall inform the individual Board members, the City Manager, and the head of the department involved, of the nature of the request. The Personnel Board must then provide a public hearing as indicated in Section 4 of this Rule XI. The employee shall be entitled to notification at least five (5) days in advance of the hearing, although the employee may waive such right if they so wish. In all such cases, the Director of Human Resources Management shall notify the employee of the exact date, time, and place of hearing.
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Attachment E
Memorandum of Understanding
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Section 3. Procedure in Cases of Demotion, Suspension, Dismissal or Reduction in No employees in the Classified Service shall be demoted, suspended if for more than thirty (30) days in any one calendar year, dismissed, or reduced in pay, except by the filing of written charges and by the order of the City Manager.

A true and correct copy of such charges shall be served on said employee who shall have the right, within ten (l0) days after such service, to file their written answer or explanation of said charges.

If the employee or former employee wishes to appeal or otherwise object to the accomplished act, they must comply with the requirements in Section 2 of this rule, beginning at the City Manager level, in order to obtain a public hearing by the Board.

The failure of said employee to answer or explain said charges within ten (10) days after the service thereof upon them shall be deemed an admission thereof and subject said employee without recourse to the penalty and punishment provided for in the order of the City Manager.

Section 4. Investigation and Hearings
Upon receipt of a proper request as indicated in Sections 2 and/or 3 of this rule, the Personnel Board shall cause an investigation to be made of the entire matter and schedule a public hearing thereon within a period not to exceed thirty (30) days, which may be extended at the request of or with the consent of the appealing employee.

The Director of Human Resources Management shall notify the appealing employee, other employees involved, and the Board of the time, place, and date of the hearing at least five (5) days prior thereto. Upon the conclusion of the hearing, the Board shall cause its findings and recommendations to be prepared in writing and filed as an official record. The Director of Human Resources Management shall deliver a certified copy of such findings and recommendations to the City Manager, the department head, to the employer affected by such finding and recommendations, and to all other persons directly involved in the matter.

Any member of the Board may submit a minority or supplemental report which shall be attached to the findings and recommendations of the Board.

The "Statement by the Chair of the Personnel Board, Discipline Hearing" and the "Statement by the Chair of the Personnel Board, Grievance Hearing" are incorporated by reference into the Personnel Rules.

Section 5. Personnel Board's Disciplinary Recommendation to 1he City Council Pursuant to City Charter XIII, Section 7(a), once the Richmond Personnel Board has heard an employee's appeal of a disciplinary action, the Board makes a recommendation and submits it to the City Manager. If the City Manager does not agree with the Personnel Board, the Board (not the employee nor the Union) may submit its recommendation to the City Council for its review. 1026
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Attachment E
Memorandum of Understanding
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The City Council will receive the Board's written recommendation, the City Manager's written decision with a rationale for their action, and the original letter of discipline to the employee. The Council will meet in executive session with the Chairperson of the Personnel Board and one other member of the Personnel Board to present the Personnel Board's position. The Council's meeting will not be a de novo hearing. The employee and their representative will not be included in the meeting.

The City Council may overrule the Personnel Board's recommendation by two thirds vote and support the City Manager's decision or accept the Personnel Board's recommendation.

The City Council's decision is the final decision by the City and will be announced in public session.
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Attachment F
Memorandum of Understanding
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ATTACHMENT F
CLASSIFICATIONS AND THEIR REQUIRED CERTIFICATIONS. CLASSES AND

CERTIFICATIONS MAY BE ADDED AND DELETED FROM THIS LIST AS REQUIRED.

CLASSIFICATION CERTIFICATION
Recreation Specialist CPR
Paratransit Driver CPR, First Aide, Class B Driver’s
License with Passenger Endorsement
Aquatics Positions See following page
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Local 1021 Part-Time & Intermittent Employee
Index
Memorandum of Understanding
I
INDEX
Acting Pay, Article II.B............................................................................................................................................ - 7 - Action Forms, Article V.J....................................................................................................................................... - 34 - Agreements Furnished, Article VII.C..................................................................................................................... - 40 - Allowances, Article III.D ....................................................................................................................................... - 25 - Appeals, Personnel Board, Attachment E............................................................................................................... - 48 - Attendance, Article IV.B.2. .................................................................................................................................... - 27 - Bereavement Leave, Article III.B.2........................................................................................................................ - 17 - Bilingual Pay, Article II.E. ....................................................................................................................................... - 9 - Certifications, Article III.D.3.................................................................................................................................. - 26 - Citywide Service Quality Committee, Attachment B............................................................................................. - 44 - Contracting Out, Article VII.B. .............................................................................................................................. - 40 - Court Appearance, Article III.B.10. ....................................................................................................................... - 24 - Definitions, Attachment C...................................................................................................................................... - 45 - Demotion, Article II.K............................................................................................................................................ - 10 - Dental Plan, Article III.A.1.8.................................................................................................................................. - 15 - Discipline, Article VI.B.......................................................................................................................................... - 38 - Discrimination Prohibited, Article I.A. .................................................................................................................... - 1 - DPRC Differential, Article II.F. ............................................................................................................................... - 9 - Dues Deduction, Article I.D. .................................................................................................................................... - 2 - Employee Assistance Program, Article IV.E.......................................................................................................... - 28 - Examination Announcements, Article V.L............................................................................................................. - 35 - Family Sick Leave, Article III.B.3.3. ..................................................................................................................... - 19 - Flexible Benefits Plan, Article III.A.1.12............................................................................................................... - 16 - Floating Holiday, Article III.C. .............................................................................................................................. - 25 - Full Understanding, Article VII.D.......................................................................................................................... - 41 - Grievance Procedure, Article VI.A......................................................................................................................... - 36 - Grievance Time Limits, Article VI.A.1.................................................................................................................. - 36 - Holidays, Article III.C............................................................................................................................................ - 24 - Hours of Work, Article IV.B. ................................................................................................................................. - 27 - Insurance, Article III.A........................................................................................................................................... - 11 - Jury Duty, Article III.B.6........................................................................................................................................ - 20 - Layoff, Article V.A. ............................................................................................................................................... - 30 - Leaves, Article III.B. .............................................................................................................................................. - 16 - Length of Workweek, Article IV.B.1. .................................................................................................................... - 27 - Life Insurance, Article III.A.1.10. .......................................................................................................................... - 15 - Long Term Disability Insurance, Article III.A.1.11. .............................................................................................. - 16 - Meal Allowance, Article III.D.1............................................................................................................................. - 25 - Meal and Break Periods, Article IV.B.3................................................................................................................. - 28 - Medical Benefit Opt Out, Article III.A.1.2............................................................................................................. - 12 - 1029
Local 1021 Part-Time & Intermittent Employee
Index
Memorandum of Understanding
II
Medical Eligibility Changes, Article III.A.1.4. ...................................................................................................... - 13 - Medical Plan Eligibility, Article III.A.1.5. ............................................................................................................. - 14 - Medical Plans, Article III.A.1................................................................................................................................. - 11 - Meetings with Supervisors, Article IV.D. .............................................................................................................. - 28 - Military Leave, Article III.B.7................................................................................................................................ - 21 - Mutual Rights, Article I.B. ....................................................................................................................................... - 2 - Nepotism, Article V.M. .......................................................................................................................................... - 35 - No Strike/Lockout, Article VII.G........................................................................................................................... - 41 - Occupational Health, Safety and Wellness Programs, Article IV.F. ...................................................................... - 29 - Oral Interviews, Union Observer, Article V.H....................................................................................................... - 34 - Overnight Trips, Article II.C.2. ................................................................................................................................ - 8 - Parental Leave, Article III.B.5................................................................................................................................ - 20 - Paydays, Article V.I................................................................................................................................................ - 34 - Performance Evaluations, Article II.J..................................................................................................................... - 10 - Personnel Files, Article V.K................................................................................................................................... - 34 - Probationary Period, Article V.B............................................................................................................................ - 31 - Promotion, Article II.H............................................................................................................................................. - 9 - Rain Gear, Article III.D.5....................................................................................................................................... - 26 - Reassignment, Article V.F...................................................................................................................................... - 33 - Reinstatement, Article V.C..................................................................................................................................... - 32 - Resignation, Article V.D. ....................................................................................................................................... - 33 - Retiree Medical, Article III.A.1.5........................................................................................................................... - 13 - Retroactivity, Article VII.F..................................................................................................................................... - 41 - Safety Committee, Article IV.C. ............................................................................................................................ - 28 - Safety Shoes, Article III.D.2................................................................................................................................... - 25 - Salary Advancement, Article II.I............................................................................................................................ - 10 - Salary, Article II.A. .................................................................................................................................................. - 7 - Severability of Provisions, Article VII.E................................................................................................................ - 41 - Severance Pay, Article V.E. ................................................................................................................................... - 33 - Shift Differential, Article II.D. ................................................................................................................................. - 8 - Sick Leave, Article III.B.3...................................................................................................................................... - 18 - Term of Agreement, Article VII.A. ........................................................................................................................ - 40 - Transfer, Article V.G.............................................................................................................................................. - 34 - Uniforms, Article III.D.4........................................................................................................................................ - 26 - Union Representation, Article 1.C............................................................................................................................ - 2 - Union Representation, Article I.E............................................................................................................................. - 4 - Vacation Leave, Article III.B.8. ............................................................................................................................. - 21 - Vision Plan, Article III.A.1.9.................................................................................................................................. - 15 - Weingarten Rights, Attachment D.......................................................................................................................... - 47 - Workers Compensation, Article III.B.9.................................................................................................................. - 23 - 1030