City of Sacramento
City Council - 2PM Report
915 I Street Sacramento, CA 95814
www.cityofsacramento.org
File ID: 2026-00755 3/24/2026
Successor Labor Agreements/Memoranda of Understanding; and the Citywide Salary Schedule [Two-Thirds Vote Required]
File ID: 2026-00755
Location: Citywide
Recommendation: Adopt a Resolution by two-thirds vote: 1) waiving the requirement for 10-day posting of labor agreements; 2) approving the Memorandum of Understanding (MOU) between the City of Sacramento (City) and Stationary Engineers, Local 39 Miscellaneous (L39A); 3) approving the MOU between the City and Stationary Engineers, Local 39 Plant Operators (L39B); 4) approving the MOU between the City and the Stationary Engineers, Local 39 General Supervisory (L39C); 5) approving the revised citywide salary schedule; 6) authorizing the City Manager to conduct the necessary budget adjustments and transfers from fund balances to adequately fund the MOUs; and 7) authorizing the City Manager or designee to make minor changes or adjustments to the exhibits in order to correct omissions and errors in the MOU and salary schedule.
Contact: Aaron Donato, Labor Relations Manager, (916) 808-5816, [email protected], Department of Human Resources
Presenter: None
Attachments:
1-Description/Analysis
2-L39A MOU (Redline)
3-L39B MOU (Redline)
4-L39C MOU (Redline)
5-Salary Schedule (Redline)
6-L39A Labor Agreement Costing
7-L39B Labor Agreement Costing
8-L39C Labor Agreement Costing
9-Resolution
10-Exhibit A - L39A MOU
11-Exhibit B - L39B MOU
12-Exhibit C - L39CA MOU
13-Exhibit D - Salary Schedule Final
File ID: 2026-00755 3/24/2026
Description/Analysis
Issue Detail:
Stationary Engineers, Local 39 Miscellaneous (L39A) Successor Labor Agreement/Memorandum of Understanding (MOU)
The 2023-2025 MOU between the City and L39A expired on September 19, 2025. The City and L39A have negotiated a successor MOU. Attachment 2 is a redline version of the successor MOU which includes the following major new contract terms:
· New term: September 20, 2025, through September 15, 2028. · Effective September 20, 2025, salary ranges will be increased by one percent (1.0%). · Within forty-five (45) calendar days, employees will receive a signing bonus of five hundred dollars ($500).
· Effective April 4, 2026, the following classifications will receive a seven percent (7%) equity increase:
· Integrated Waste Equipment Operator
· Senior Integrated Waste Equipment Operator
· Effective April 4, 2026, employees required to be on standby assignment for emergency work shall be paid forty-seven dollars ($47) per day while on standby. · Effective September 19, 2026, salary ranges will be increased by two and one half percent (2.5%).
· Effective September 18, 2027, salary ranges will be increased by three percent (3.0%). · Addition of Juneteenth (June 19) as a recognized holiday. · Health and Welfare Contributions
· 2026 Calendar Year Health Changes, effective March 21, 2026:
§ Employee Only - City contribution of $1,051 per month, § Employee Plus One Dependent - City contribution of $1,674 per month, and § Employee Plus Two or More Dependents - City contribution of $2,230 per month. · 2027 Calendar Year Health Changes, effective the first paycheck of 2027:
§ The City will contribute fifty percent (50%) of the first one hundred dollars ($100) of premium increases, up to a maximum contribution of fifty dollars ($50) per month, toward the cumulative total increase in premiums from plan year 2026 to plan year 2027.
· 2028 Calendar Year Health Changes, effective the first paycheck of 2028:
§ The City will contribute fifty percent (50%) of the first one hundred dollars ($100) of premium increases, up to a maximum contribution of fifty dollars ($50) per month, toward the cumulative total increase in premiums from plan year 2027 to plan year 2028.
· Longevity: Employees who have completed seventeen (17) years of service are eligible to
File ID: 2026-00755 3/24/2026
receive longevity pay as follows:
· Effective September 19, 2026, one percent (1%) above their base rate of pay. · Effective September 18, 2027, two percent (2%) above their base rate of pay, for a cumulative total of three percent (3%).
The final version of the L39A MOU is attached to the Resolution as Exhibit A (Attachment 10).
Stationary Engineers, Local 39 Plant Operators (L39B) Successor Labor Agreement/Memorandum of Understanding (MOU)
The 2023-2025 MOU between the City and L39B expired on December 26, 2025. The City and L39B have negotiated a successor MOU. Attachment 3 is a redline version of the successor MOU which includes the following major new contract terms:
· New term: December 27, 2025, through December 22, 2028. · Effective December 27, 2025, salary ranges will be increased by one percent (1.0%). · Within forty-five (45) calendar days, employees will receive a signing bonus of five hundred dollars ($500).
· Effective April 4, 2026, Relief Plant Operators who work swing shift will receive Night Shift Premium Pay of five percent (5%) of their base rate of pay for hours worked between 6 p.m. and 12 a.m.
· Effective April 4, 2026, Relief Plant Operators who work graveyard shift will receive Night Shift Premium Pay of seven percent (7%) of their base rate of pay for hours worked between 12 a.m. and 6 a.m.
· Effective December 26, 2026, salary ranges will be increased by two and one half percent (2.5%).
· Effective December 25, 2027, salary ranges will be increased by three percent (3.0%). · Addition of Juneteenth (June 19) as a recognized holiday. · Health and Welfare Contributions
· 2026 Calendar Year Health Changes, effective March 21, 2026:
§ Employee Only - City contribution of $1,051 per month, § Employee Plus One Dependent - City contribution of $1,674 per month, and § Employee Plus Two or More Dependents - City contribution of $2,230 per month. · 2027 Calendar Year Health Changes, effective the first paycheck of 2027:
§ The City will contribute fifty percent (50%) of the first one hundred dollars ($100) of premium increases, up to a maximum contribution of fifty dollars ($50) per month, toward the cumulative total increase in premiums from plan year 2026 to plan year 2027.
· 2028 Calendar Year Health Changes, effective the first paycheck of 2028:
§ The City will contribute fifty percent (50%) of the first one hundred dollars ($100)
File ID: 2026-00755 3/24/2026
of premium increases, up to a maximum contribution of fifty dollars ($50) per month, toward the cumulative total increase in premiums from plan year 2027 to plan year 2028.
· Longevity: Employees who have completed seventeen (17) years of service are eligible to receive longevity pay as follows:
· Effective December 26, 2026, one percent (1%) above their base rate of pay. · Effective December 25, 2027, two percent (2%) above their base rate of pay, for a cumulative total of three percent (3%).
The final version of the L39B MOU is attached to the Resolution as Exhibit B (Attachment 11).
Stationary Engineers, Local 39 General Supervisory (L39C) Successor Labor Agreement/Memorandum of Understanding (MOU)
The 2023-2025 MOU between the City and L39C expired on September 19, 2025. The City and L39C have negotiated a successor MOU. Attachment 4 is a redline version of the successor MOU which includes the following major new contract terms:
· New term: September 20, 2025, through September 15, 2028. · Effective September 20, 2025, salary ranges will be increased by one percent (1.0%). · Within forty-five (45) calendar days, employees will receive a signing bonus of five hundred dollars ($500).
· Effective April 4, 2026, the classification of Integrated Waste Supervisor will receive a seven percent (7%) equity increase.
· Effective April 4, 2026, the classification of Supervising Dispatcher will receive a five percent (5%) equity increase.
· Effective April 4, 2026, employees required to be on standby assignment for emergency work shall be paid forty-seven dollars ($47) per day while on standby. · Effective April 4, 2026, Supervising Plant Operators who work swing shift will receive Night Shift Premium Pay of five percent (5%) of their base rate of pay for hours worked between 6 p.m. and 12 a.m.
· Effective April 4, 2026, Supervising Plant Operators who work graveyard shift will receive Night Shift Premium Pay of seven percent (7%) of their base rate of pay for hours worked between 12 a.m. and 6 a.m.
· Effective September 19, 2026, salary ranges will be increased by two and one half percent (2.5%).
· Effective September 18, 2027, salary ranges will be increased by three percent (3.0%). · Addition of Juneteenth (June 19) as a recognized holiday. · Health and Welfare Contributions
· 2026 Calendar Year Health Changes, effective March 21, 2026:
File ID: 2026-00755 3/24/2026
§ Employee Only - City contribution of $1,051 per month, § Employee Plus One Dependent - City contribution of $1,674 per month, and
§ Employee Plus Two or More Dependents - City contribution of $2,230 per month.
· 2027 Calendar Year Health Changes, effective the first paycheck of 2027:
§ The City will contribute fifty percent (50%) of the first one hundred dollars ($100) of premium increases, up to a maximum contribution of fifty dollars ($50) per month, toward the cumulative total increase in premiums from plan year 2026 to plan year 2027.
· 2028 Calendar Year Health Changes, effective the first paycheck of 2028:
§ The City will contribute fifty percent (50%) of the first one hundred dollars ($100) of premium increases, up to a maximum contribution of fifty dollars ($50) per month, toward the cumulative total increase in premiums from plan year 2027 to plan year 2028.
· Longevity: Employees who have completed seventeen (17) years of service are eligible to receive longevity pay as follows:
· Effective September 19, 2026, one percent (1%) above their base rate of pay. · Effective September 18, 2027, two percent (2%) above their base rate of pay, for a cumulative total of three percent (3%).
The final version of the L39C MOU is attached to the Resolution as Exhibit C (Attachment 12).
Salary Schedule
The California Code of Regulations requires that the City Council adopt the City’s Salary Schedule at a public meeting (2 CCR § 570.5). This obligation arises whenever salary ranges are changed to ensure that salary rates are transparent and publicly available. These publicly adopted rates are used by California Pubic Employees’ Retirement System (CalPERS) to determine the appropriate compensation earnable for each City employee when calculating their pension benefit.
A redline version of the salary schedule is shown in Attachment 5. The final, comprehensive Citywide salary schedule is attached to the Resolution as Exhibit E (Attachment 13).
Policy Considerations: Approval of this action by the City Council is consistent with the City’s legal obligation under the Meyers-Milias-Brown Act, adheres to the City’s positive labor management relations concept, and provides labor stability.
The Sacramento City Code Section 4.04.020 and Council Rules and Procedure (Chapter 7, Section E.2.d) mandate that unless waived by a two-thirds vote of the City Council, all labor agreements, and all agreements greater than $1,000,000 shall be made available to the public at least ten (10) days prior to Council action. This provision will be waived by City Council.
File ID: 2026-00755 3/24/2026
Economic Impacts: None.
Environmental Considerations: The report contains administrative activities that will not have a significant effect on the environment and that do not constitute a “project” as defined by the California Environmental Quality Act (CEQA) Guidelines Sections 15061(b)(3) and 15378(b)(2).
Sustainability: Not applicable.
Commission/Committee Action: None.
Rationale for Recommendation: Approval of this action will establish new MOUs between the City and the specified Recognized Employee Organizations (REOs). Additionally, approval of this action will establish compliance with the California Code of Regulations § 570.5.
Financial Considerations:
The total cost of the Local 39 MOUs for Fiscal Year (FY) 2025/26 is approximately $2.7 million with an ongoing annual cost at the end of the three year term of approximately $15.5 million, as shown below and detailed in Attachments 6, 7, and 8.
L39 Contract Cost (in millions) FY2025/26 FY2026/27 FY2027/28 FY2028/29 Ongoing Local 39A 2.1$ 6.2$ 10.6$ 2.5$ 11.8$ Local 39B 0.2$ 0.5$ 1.1$ 0.7$ 1.4$ Local 39C 0.4$ 1.1$ 2.1$ 0.5$ 2.3$ Total L39 Cost 2.7$ 7.8$ 13.8$ 3.7$ 15.5$ The General Fund portion is approximately $1.6 million in FY2025/26 with an ongoing cost of $9.1 million. The City's latest General Fund five-year forecast is in deficit. During the mid-year process, the forecast assumed $1.2 million in FY2025/26 and up to $6.4 million on an ongoing basis for Local 39 MOUs. The forecast including the final L39 MOUs costs is shown below.
General Fund 5-Year Forecast (in millions) FY2025/26 FY2026/27 FY2027/28 FY2028/29 FY2029/30 Mid-Year Budget Surplus/(Deficit) 0.7$ (66.2)$ (81.8)$ (99.4)$ (102.1)$ L39 General Fund Cost (1.6)$ (4.4)$ (8.1)$ (9.1)$ (9.1)$ L39 General Fund Cost assumed in Mid-Year Forecast 1.2$ 3.8$ 6.2$ 6.4$ 6.4$ Total Surplus/(Deficit) 0.2$ (66.9)$ (83.7)$ (102.1)$ (104.9)$
File ID: 2026-00755 3/24/2026
General Fund 5-Year Forecast (in millions) FY2025/26 FY2026/27 FY2027/28 FY2028/29 FY2029/30 Mid-Year Budget Surplus/(Deficit) 0.7$ (66.2)$ (81.8)$ (99.4)$ (102.1)$ L39 General Fund Cost (1.6)$ (4.4)$ (8.1)$ (9.1)$ (9.1)$ L39 General Fund Cost assumed in Mid-Year Forecast 1.2$ 3.8$ 6.2$ 6.4$ 6.4$ Total Surplus/(Deficit) 0.2$ (66.9)$ (83.7)$ (102.1)$ (104.9)$ The City will need to continue to implement spending reductions and/or revenue increases in order to balance the City budget in FY2026/27 and beyond, as required by the City Charter.
Local Business Enterprise (LBE): Not applicable.
and
International Union of Operating Engineers,
Stationary Engineers, Local 39
Labor Agreement
Covering All Employees In The Operations and
Maintenance, Office and Technical,
And Professional Units
20252023 - 20282025
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TABLE OF CONTENTS
Section Page
PREAMBLE ............................................................................................................................. 1 ARTICLE 1 – RECOGNITION ................................................................................................. 1
1.1 RECOGNITION ................................................................................................................................... 1
1.2 EMPLOYEES COVERED BY THIS AGREEMENT ............................................................................ 1
1.3 CAREER DEVELOPMENT TRAINEES .............................................................................................. 2 ARTICLE 2 – SOLE AGREEMENT ......................................................................................... 3
2.1 SOLE AGREEMENT ........................................................................................................................... 3 ARTICLE 3 – CITY RIGHTS .................................................................................................... 3
3.1 CITY RIGHTS ...................................................................................................................................... 3 ARTICLE 4 – UNION RIGHTS ................................................................................................ 3
4.1 PAYROLL DEDUCTIONS ................................................................................................................... 3
4.2 TIME OFF FOR UNION BUSINESS ................................................................................................... 5
4.3 BULLETIN BOARDS ........................................................................................................................... 6
4.4 LIST OF NEW EMPLOYEES .............................................................................................................. 6
4.5 STEWARDS ........................................................................................................................................ 6
4.6 USE OF CITY INFORMATION SYSTEMS ......................................................................................... 6
4.7 NEW EMPLOYEE ORIENTATION ...................................................................................................... 7 ARTICLE 5 – GRIEVANCE PROCEDURE.............................................................................. 8
5.1 GRIEVANCE PROCEDURE ............................................................................................................... 8
5.2 PURPOSE ........................................................................................................................................... 8
5.3 DEFINITIONS .................................................................................................................................... 98
5.4 STEP ONE ........................................................................................................................................ 98
5.5 STEP TWO .......................................................................................................................................... 9
5.6 STEP THREE .................................................................................................................................. 109
5.7 ARBITRATION .................................................................................................................................. 10
5.8 WITNESSES ................................................................................................................................. 1110 ARTICLE 6 – SALARY ADJUSTMENTS ............................................................................... 11
6.1 SALARY RANGE............................................................................................................................... 11
6.2 SALARIES ......................................................................................................................................... 11
6.3 EQUITY ADJUSTMENTS 12
6 . 4 S I G N I N G B O N U S 1 2
ARTICLE 7 – SALARY ADMINISTRATION ....................................................................... 1211
7.1 ORIGINAL APPOINTMENT COMPENSATION RATE ................................................................. 1211
7.2 ADVANCEMENT IN RATE OF COMPENSATION ....................................................................... 1211
7.3 EFFECT OF CLASSIFICATION CHANGE ON RATE OF COMPENSATION .............................. 1413
7.4 EFFECT OF CHANGE OF SALARY RANGE UPON COMPENSATION ......................................... 14
7.5 RATE OF COMPENSATION UPON RETURN TO CITY SERVICE ............................................. 1514
7.6 RATES HIGHER THAN TOP STEP (Y-RATE) ............................................................................. 1514
7.7 SALARY CONTINUATION FOR ABSENCES FOR LESS THAN ONE WORK DAY ................... 1514
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7.8 LONGEVITY PAY (CITY CHARTER)............................................................................................ 1514
7.9 LIVING WAGE MEETING LONGEVITY PAY (CONTRACT) ........................................................ 1615 ARTICLE 8 – HEALTH AND WELFARE ........................................................................... 1615
8.1 CONTRIBUTION TO FULL-TIME AND PART-TIME CAREER EMPLOYEES ............................. 1615
8.2 CONTRIBUTION TO NON-CAREER EMPLOYEES .................................................................... 1716
8.3 AMOUNT OF CONTRIBUTION .................................................................................................... 1716
8.4 COVERED DEPENDENTS ........................................................................................................... 2018
8.5 CASH-BACK LIMITS ..................................................................................................................... 2118
8.6 LIFE INSURANCE ......................................................................................................................... 2119
8.7 FLEXIBLE SPENDING ACCOUNTS............................................................................................. 2219
8.8 RETIREES OR SURVIVOR DEPENDENTS ................................................................................ 2219 ARTICLE 9 – HOURS OF WORK AND SELECTION OF VACANCIES ............................ 2522
9.1 WORKDAY, WORKWEEK ............................................................................................................ 2522
9.2 TEMPORARY ASSIGNMENT AND SHIFT CHANGES ................................................................ 2623
9.3 FILLING PERMANENT VACANCIES ........................................................................................... 2724
9.4 REST PERIODS ............................................................................................................................ 2825
9.5 VOLUNTARY WORK FURLOUGH PROGRAM ........................................................................... 2826 ARTICLE 10 – OVERTIME COMPENSATION .................................................................. 2926
10.1 OVERTIME/COMPENSATING TIME OFF (CTO) ........................................................................ 2926
10.2 COURT OVERTIME ...................................................................................................................... 3027 ARTICLE 11 – STANDBY ASSIGNMENTS AND NIGHT-SHIFT PREMIUM PAY ............ 3229
11.1 STANDBY ASSIGNMENTS .......................................................................................................... 3229
11.2 NIGHT-SHIFT PREMIUM PAY ..................................................................................................... 3329 ARTICLE 12 – LEAVES .................................................................................................... 3330
12.1 HOLIDAYS .................................................................................................................................... 3330
12.2 VACATION .................................................................................................................................... 3734
12.3 SICK LEAVE .................................................................................................................................. 4036
12.4 COURT LEAVE ............................................................................................................................. 4340
12.5 PARENTAL LEAVE ....................................................................................................................... 4440
12.6 CATASTROPHIC LEAVE PLAN ................................................................................................... 4541
12.7 PERSONAL TIME OFF ................................................................................................................. 4643
12.8 FAMILY MEDICAL LEAVE ............................................................................................................ 4743
12.9 STATE DISABILITY INSURANCE (SDI) ....................................................................................... 4744
12.10 BEREAVEMENT LEAVE ............................................................................................................... 4844
12.11 PAID CITY LEAVE (PCL) .............................................................................................................. 4845 ARTICLE 13 – SPECIAL ALLOWANCES ......................................................................... 4845
13.1 TEMPORARY WORK IN A HIGHER CLASSIFICATION .............................................................. 4845
13.2 TUITION REIMBURSEMENT ....................................................................................................... 4946
13.3 FORENSIC IDENTIFICATION CERTIFICATION PAY ................................................................. 4946
13.4 IRRIGATION SPECIALIST PAY ................................................................................................... 5046
13.5 SPRAY CREW INCENTIVE .......................................................................................................... 5047
13.6 PLAYGROUND INSPECTOR INCENTIVE ................................................................................... 5047
13.7 WATER TREATMENT CERTIFICATION ...................................................................................... 5147
13.8 MAINTENANCE WORKER ASSIGNMENTS IN SOLID WASTE ................................................. 5148
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13.9 CONTINUING EDUCATION ......................................................................................................... 5148
13.10 REQUIRED LICENSES AND CERTIFICATIONS ......................................................................... 5148
13.11 BILINGUAL PAY ............................................................................................................................ 5451
13.12 TRAVEL FOR TRAINING .............................................................................................................. 5551
13.13 POLICE RECORDS SPECIALIST & EVIDENCE AND PROPERTY TECHNICIAN EDUCATION INCENTIVE .................................................................................................................................................... 5551
13.14 ARMORER CERTIFICATION PAY ............................................................................................... 5552
13.15 CERTIFIED ACCESS SPECIALIST (CASp) CERTIFICATION PAY ............................................ 5552
13.16 DRONE CERTIFICATION PAY ..................................................................................................... 5652
13.17 INSTRUMENT TECHNICIAN INCENTIVE PAY ........................................................................... 5653
13.18 SUTTER’S LANDING LANDFILL MAINTENANCE DUTIES 56 ARTICLE 14 – TRANSPORTATION ................................................................................. 5753
14.1 GENERAL ..................................................................................................................................... 5753
14.2 MILEAGE REIMBURSEMENT AND MONTHLY VEHICLE ALLOWANCE .................................. 5753
14.3 TRANSPORTATION ..................................................................................................................... 5754
14.4 COMMERCIAL DRIVER LICENSE REQUIREMENTS ................................................................. 5854
14.5 DISCOUNTED PARKING RATES ................................................................................................ 5955 ARTICLE 15 – LAYOFF .................................................................................................... 5955
15.1 PURPOSE ..................................................................................................................................... 5955
15.2 DEFINITIONS ................................................................................................................................ 5955
15.3 PROCEDURE ................................................................................................................................ 6258
15.4 SALARY IN EVENT OF DOWNGRADE ....................................................................................... 6460
15.5 FRINGE BENEFITS ...................................................................................................................... 6461
15.6 RECALL ......................................................................................................................................... 6561
15.7 GENERAL ..................................................................................................................................... 6763 ARTICLE 16 – WORK SHARING PROGRAM ................................................................... 6763
16.1 WORK SHARING PROGRAM ...................................................................................................... 6763 ARTICLE 17 – UNIFORMS AND COVERALLS ................................................................ 6864
17.1 UNIFORMS ................................................................................................................................... 6864
17.2 COVERALLS ................................................................................................................................. 6965
17.3 FOUL WEATHER GEAR ............................................................................................................... 6965
17.4 SUMMER WEAR ........................................................................................................................... 7167
17.5 FORENSIC INVESTIGATORS ...................................................................................................... 7167
17.6 SOLID WASTE UNIFORMS .......................................................................................................... 7268
17.7 UNIFORM VESTS - RELIEF COMMUNITY CENTER ATTENDANTS ......................................... 7268
17.8 EVIDENCE AND PROPERTY TECHNICIANS ............................................................................. 7268
17.9 TREE PRUNER UNIFORM ........................................................................................................... 7369
17.10 ANIMAL CARE TECHNICIANS AND ANIMAL CONTROL OFFICERS ....................................... 7369 ARTICLE 18 – SAFETY SHOES AND SAFETY GLASSES .............................................. 7369
18.1 SAFETY SHOES ........................................................................................................................... 7369
18.2 SAFETY GLASSES ....................................................................................................................... 7470
18.3 DAMAGE TO PRESCRIPTION SAFETY GLASSES .................................................................... 7571 ARTICLE 19 – SAFETY .................................................................................................... 7571
19.1 SAFETY ADVISORY COMMITTEE .............................................................................................. 7571
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19.2 NON-FAULT VEHICULAR ACCIDENTS ...................................................................................... 7571 ARTICLE 20 – DISCIPLINE............................................................................................... 7571
20.1 DISCIPLINE FOR NON-CAREER EMPLOYEES IN CAREER CLASSIFICATIONS ................... 7571
20.2 LETTER OF REPRIMAND ............................................................................................................ 7672
20.3 IN-LIEU DISCIPLINE ..................................................................................................................... 7672
20.4 DISCIPLINE TOLLING PERIOD ................................................................................................... 7773
20.5 MEDIATION ................................................................................................................................... 7773
20.6 DISCIPLINE APPEAL HEARING PROCEDURE .......................................................................... 7773
20.8 WITHDRAWAL OF APPEAL ......................................................................................................... 7874
20.9 DISCIPLINE AND DOCUMENTED COUNSELING RETENTION ................................................ 7874 ARTICLE 21 – CLASSIFICATION AND PAY .................................................................... 7874
21.1 NEW OR REVISED ....................................................................................................................... 7874
21.2 STAFF AIDE POSITIONS ............................................................................................................. 7975
21.3 LIMITED-TERM APPOINTMENTS ............................................................................................... 7975 ARTICLE 22 – MISCELLANEOUS .................................................................................... 8076
22.1 CIVIL SERVICE RULES ................................................................................................................ 8076
22.2 PROMOTION FROM WITHIN ....................................................................................................... 8076
22.3 CONSOLIDATION ......................................................................................................................... 8076
22.4 WORKERS COMPENSATION ...................................................................................................... 8076
22.5 SAVINGS CLAUSE ....................................................................................................................... 8076
22.6 EMPLOYEE PERFORMANCE EVALUATIONS ........................................................................... 8076
22.7 REMOTE WORK ........................................................................................................................... 8177
22.8 CONTRACTING-OUT ................................................................................................................... 8177
22.9 VIDEO DISPLAY TERMINALS ..................................................................................................... 8177
22.10 ZONAR OR OTHER GLOBAL POSITIONING SYSTEMS (GPS) ................................................ 8278
22.11 STRIKES AND LOCKOUTS .......................................................................................................... 8278
22.12 TIME OFF FOR EXAMINATIONS ................................................................................................. 8278
22.13 BLOOD BANK TIME ..................................................................................................................... 8278
22.14 EMERGENCY RESPONSE .......................................................................................................... 8379
22.15 PAYROLL ERRORS ..................................................................................................................... 8379
22.16 PERS RETIREMENT PLAN AND CONTRIBUTION ..................................................................... 8480
22.17 DEFERRED COMPENSATION PLAN .......................................................................................... 8581
22.18 SHOP LOCATION SELECTION FOR FLEET SERVICES COORDINATORS ............................. 8581
22.19 URBAN FORESTRY ..................................................................................................................... 8581
22.20 TERM ............................................................................................................................................ 8682 EXHIBIT A – REGRESSION LADDERS ........................................................................... 8985 EXHIBIT B – CONTINUING LETTERS OF UNDERSTANDING (LOUs) ........................... 9490
1 PREAMBLE
This AGREEMENT, hereinafter referred to as the Agreement, entered into by and between the CITY OF SACRAMENTO, hereinafter referred to as the City, and the INTERNATIONAL UNION OF OPERATING ENGINEERS, STATIONARY ENGINEERS LOCAL 39, AFL-CIO, hereinafter referred to as the Union, has as its purpose the promotion of harmonious labor relations between the City and the Union, es tablishment of an equitable and peaceful procedure for the resolution of differences and t he establishment of rates of pay, hours of work, and other conditions of employment.
ARTICLE 1 – RECOGNITION
1.1 RECOGNITION
a. The City hereby recognizes the Union as the exclusive bargaining agent for all employees in the Operations and Maintenance, Office and Technical, and Professional Units, as defined in t he City's Employer-Employee Relations Policy, and agrees to meet and confer and otherwise deal exclusively with the Union on all matters relating to the sc ope of representation pertaining to the said employees as authorized by law.
b. The Union will not object to the State Mediation and Conciliation Service or the American Arbitration Association c onducting an election pursuant to the City's Employer-Employee Relations Policy.
1.2 EMPLOYEES COVERED BY THIS AGREEMENT
Any employee working in a job classificati on in the Operations and Maintenance, Office and Technical, and Prof essional Units shall be cove red by this Agreement except as hereinafter provided. Additionally, any career employee covered by this Agreement who accepts a te mporary appointment to a cl assification outside this Agreement shall continue to be covered by this Agreement for a period of ninety (90) calendar days. Such temporary appointm ent shall be treated as an out-of- classification assignment. Similarly, a career employee not covered by this Agreement who accepts a temporary appointment to a classification covered by this Agreement shall not fall under the provisions of this Agreement for a period of ninety (90) calendar days. The City shall not make temporary appointments under this provision for the sole purpose of eroding the bargaining units represented by the Union.
The following terms are defined as used throughout this Agreement:
Career Employees: Those employees hav ing either probationary or permanent status in a classification covered by this Agreement.
2 Non-Career Employees: Employees working in a classification covered by this Agreement who are not required to serv e a probationary perio d and who therefore have neither probationary nor permanent st atus. There are the following two (2) categories of non-career employees:
(+1,040): These non-career employees work, within one year of each date of employment, in excess of 1,040 hour s during a continuous period of employment of more than six (6) months.
(-1,040): These non-career employees work, within one year of each date of employment, 1,040 or less hours. Included in this category are all non-career employees who do not fall under the (+1,040) definition.
Probationary Period: Probation is an ex tension of the hiring process and the employee may be released from probation at any time during the probationary period with no appeal rights.
With the exception of Parking Enforcement Officer; Senior Parking Enforcement Officer; Parking Meter Coin Collector; Pa rking Lot Attendant; Senior Parking Lot Attendant; and Parking Meter Repair Worker , the probationary period for career employees hired or promoted into or within this unit on or after June 19, 2020, who are employed in classifications cover ed under this Agreement, whose probationary period was six (6) months shall be twelve (12) months (2,080 regular hours). All relevant job specifications shall be deemed modified to reflect this provision.
Classifications with an eighteen (18) month (3,120 regular hours) probationary period shall remain unchanged.
1.3 CAREER DEVELOPMENT TRAINEES
The City shall have the right during the term of the Agreement to establish Career Development Trainee classifications. Such classifications shall have a flat hourly rate of pay equivalent to ten per cent (10%) below Step 1, as applicable, of the salary range of the career classification, as s hown in the current salary schedule. (For example, if the "1" step hourly rate of pay is $9.00 for the career classification for which the career development training is being conducted, the flat hourly rate for the Career Development Trainee would be $9.00 minus $.90 or $8.10.) An employee appointed as a Career Development Trainee s hall have non-career (+1,040) status for purposes of benefit eligibility during the term of the appointment.
3 ARTICLE 2 – SOLE AGREEMENT
2.1 SOLE AGREEMENT
a. This Agreement when signed by the parties hereto, and approved by the City Council, supersedes all other Agreements and supplements, and represents the sole agreement between the parties.
b. If during its term, the parties hereto should mutually agree to modify, amend, or alter the provisions of the Agreement in any respect, any such change shall be effective only if and when reduc ed to writing and executed by the authorized representative of the City and the Union. Any such changes validly made shall become a part of this Agreement and subject to its terms. c. The waiver of any breach or condition of this Agreement by either party shall not constitute a precedent in the fu ture enforcement of all terms and conditions herein.
ARTICLE 3 – CITY RIGHTS
3.1 CITY RIGHTS
The City retains the exclusive right, subjec t to and in accordance with applicable laws, the City Charter, Civil Service Board Rules and Regulations, and the provisions of this Agreement, (a) to di rect employees in the performance of their duties; (b) to hire, promote, transfer and assign employ ees; (c) to classify employees in accordance with applicable Charter, or dinance and Civil Service Board Rule provisions; (d) to discipline employees in accordance with applicab le Rules; (e) to dismiss employees because of lack of work or for other reasonable cause; (f) to determine the mission of its Divisions and Departments, and its budget, organization, the number of employees, and the numbers, types, classifications and grades of positions or employees assigned to an organiza tion unit, work project, shift, or tour of duty, and the methods and technology of performing its work; and (g) to take whatever action may be appropriate to carry out its mission in situations of emergency.
ARTICLE 4 – UNION RIGHTS
4.1 PAYROLL DEDUCTIONS
a. In addition to continuing existing pay roll deductions for group insurance plans to which the City is or shall hereafte r be a contracting party, the City agrees to establish payroll deductions for: (1 ) the normal and regular monthly Union membership dues, initiation fees, and assessments; and (2) the insurance
4 premiums for plans sponsored by the Cit y or the Union, not to exceed three (3) insurance deductions per member.
b. All the above payroll deductions shall be subject to the following conditions:
(1) Such deductions shall be made pur suant to the terms and conditions set forth using the dues authorization form agreed to by the City and the Union and shall include:
(a) Employee full name
(b) Employee eCAPS ID num ber or last four digi ts of their Social Security number
(c) Amount or percentage of wage for monthly membership dues and/or initiation fee
(d) Additional Union sponsored deductions (e.g., life insurance) (e) Any additional necessary information
(2) Any changes or modifications to the authorization form shall be agreed upon between the City and Union.
(3) The authorization form for deductions shall be completed and submitted by the Union to the Payroll Division, Department of Finance. (4) Such deductions shall be made only upon submission of the authorization form by the Union to th e Payroll Division, Department of Finance.
(5) When changes in rates affect large groups of Union members, the Union may, in lieu of utilizing th e dues authorization form, notify the Labor Relations Division, Department of Human Resources of the new rate and clearly define the group( s) of Union members who are affected.
(6) The Union is responsible for s ubmitting the dues authorization form to the Payroll Division, Department of Finance, any changes in the amounts to be payroll deducted from the paychecks of employees who have so authorized.
(7) Dues deductions shall occur over twenty-four (24) pay periods per year, which shall be the first two (2) pay periods of each month. (8) If for any reason an employee does not have sufficient funds due him/her to provide for the paym ent of any of the above payroll
5 deductions after all other authoriz ed or mandatory deductions or garnishments have been made, if any, no such sums shall be payroll deducted and the Union shall assume the duty of direct collection from the employee.
(9) Deductions and authorizations shall be separated by type of deduction (e.g., Union membership dues, initiation fees, insurance premiums) and by payee.
(10) Unless notified in writing by t he Union of an employee’s request to cancel their dues deductions, the City will continue to deduct union dues, and/or any additional deducti on(s) noted. Notification of cancellation will be made utilizing the dues authorization form, notating in the “Additional Information,” or “Action,” column that it is a “Membership Cancellation.”
(11) The City shall make the Union’ s requested dues chan ges, enroll new members, and/or cancel existing me mbership as soon as practicable, not to exceed a period of thirty (30) calendar days following notification. (12) The City will remit to the Unio n a check for all of the deductions. (13) The Union shall indemnify, def end and hold the City harmless against any claims made of any nature w hatsoever, and against any suit instituted against the City arising from its deductions for dues, initiation fees, or insurance or other programs sponsored by the Union. (14) In the event there is a change in the law whereby any provision in this Section becomes invalid, or if for any reason any provision of this Section is rendered unlawful by any published appellate court decision, this Section shall be forthwith deemed amended to comply with the change or decision in question. Upon occurrence of such an event, the parties shall meet and confer as soon as practicable regarding the invalidated or amended provision(s).,
(15) Employees recalled pursuant to Article 15 shall immediately be enrolled upon recall into the union dues deduction, or other payment that existed at the time of layoff, as appropriate.
4.2 TIME OFF FOR UNION BUSINESS
City employees covered by this Agreem ent who are serving current terms as members of the Union's Local 39 Executive Board may be allowed three (3) days per month of City time to conduct Union business if such request is made by the Business Representative of Local 39 to the Director of Human Resources with at least forty- eight (48) hours advance notic e. The Director of Human Resources shall have the right to deny such requests.
6 4.3 BULLETIN BOARDS
a. In addition to providing the Union with a locked bulletin board at City Hall, space shall be provided on City property , at locations mutually agreed upon, for Union bulletin boards for the posting of the following types of notices:
(1) Union recreational and social activities
(2) Union steward elections
(3) Union appointments and resu lts of Union elections
(4) Union meetings
b. Such other notices as may be mu tually agreed upon by the Union and the Department of Human Resources. Bulletin boards are for the sole purpose of such notices as are listed above. The board size shall be no larger than three (3) feet by four (4) feet.
4.4 LIST OF NEW EMPLOYEES
At least every thirty (30) days, the City shall provide the Union with a list of employees who are employed in classifications represented by the bargaining unit.
To the extent it is known, information shall include: name; classification date; job title; department; work location; work, home, and personal cellular phone numbers; personal email address; and the home address of each employee.
4.5 STEWARDS
a. The City recognizes that the Union has established Stewards, who consist of career City employees repr esented by the Union. A cu rrent list of Stewards shall be made available to the Directo r of Human Resour ces, together with any changes thereto.
b. Stewards shall be designated in acco rdance with areas mutually agreed upon by the Union and the City. The Union will not exceed a ratio of one (1) Steward to every fifty-five (55) represented employees.
c. Stewards shall not conduct Union or representational activities on City time unless prior approval is expressly granted by City management.
4.6 USE OF CITY INFORMATION SYSTEMS
a. The Union shall have the right to reas onable use of the City's existing internal mail system for the limit ed purpose of communicati ng with employees who have been designated in writing by the Union as Stewards. The envelope for such mail shall contain the following information: Steward's name,
7 Department, Division, and work loca tion. The City shall not be held responsible for untimely or lost mail.
b. The Union may have reasonable use of the City's electronic mail (Outlook) system (email) for the limited purpose of communicating with employees who have been designated in writing by the Union as stewards. Stewards may, with the advance approval of department management, have reasonable use of City email to fulfill their role as a Steward.
c. Failure to comply with these requirem ents will result in withdrawal of the use of City information systems.
4.7 NEW EMPLOYEE ORIENTATION
a. Unless otherwise agreed in advance, Union Business Representatives, or their designees, shall be provided up to fifteen (15) minutes to attend the City’s regularly scheduled new-employee orientat ions so that they may provide information about the Union and the labor agreement.
The new-employee orientation schedul e, and the reserved fifteen (15) minutes of time for the Union’s repr esentative(s) to attend, shall be established by the City. The City shall make a reasonable effort to provide the Union with at least forty-ei ght (48) hours’ notice of changes to the regular schedule.
b. The Union shall be permitted to hav e one (1) Union steward attend the new employee orientation so long as their absence from their assignment does not unduly disrupt the operat ion of the City and the steward obtains their supervisor’s authorization. The steward shall be on City-paid Union release time for up to one (1) hour of regular ti me; release time shall not create an overtime obligation.
The Union may have only one (1) steward on City-paid release time regardless of the Unit they are in (i.e., Miscellaneous, Plant Operators, General Supervisors).
The City may terminate section 4. 7(b) by providing written notice to the Union within thirty (30) calendar days of prior to the expiration of this Agreement.
When new employee orientations o ccur virtually, the City will include the Union Business Represent ative on the meeting invitation so that a representative may attend consistent with subsections (a) and (b) above. It is the Union’s responsibility to predesignate the Union Business Representative contact with the City.
If a Union Business Representative is not available to attend the virtual new- employee orientation, the Union Busi ness Representative may contact the
8 employee and the employee’s department management to schedule a thirty (30) minute meeting with the employee. The meeting shall be either in person at the employee’s primary physical City work location or if that is not practical, may be virtual.
This meeting shall occur within the first thirty (30) calendar days of the new employees’ employment and shall be scheduled within seven (7) calendar days of the Union’s request on a date and time that is mutually agreed upon between the City and the Union Business Representative.
During the meeting, the employee sha ll be released from duty. The meeting shall occur during the employee’s normally scheduled work shift and without loss of compensation to the employee; however, under no circumstance will the meeting take place on overtime.The City may terminate section 4.7 (c) by providing written notice to the Union within thirty (30) calendar days prior to the expiration of this Agreement. Within ninety (90) days of adoption of this Agreement, at the Union’s written r equest, the City and the Union agree to meet and discuss new-employ ee orientations. Absent agreement, the City’s current new-employee orientation process shall remain.
ARTICLE 5 – GRIEVANCE PROCEDURE
5.1 GRIEVANCE PROCEDURE
The City and the Union agree to implement the following grievance procedure.
No matter shall be considered as a grievance under this Article unless it is presented in writing within thirty (30) calendar days after occurrence of the events on which the grievance was based. With t he consent of the City's thir d step representative, the thirty (30) calendar day time limit for filing grievances may be extended.
5.2 PURPOSE
a. This grievance procedure shall be used to process and resolve grievances arising under this Agreement except to the extent that the City Charter vests jurisdiction elsewhere.
b. The purposes of this procedure are:
(1) to resolve grievances informally at the lowest possible level; (2) to provide an orderly procedure fo r reviewing and resolving grievances promptly.
9 5.3 DEFINITIONS
A grievance is a good faith complaint of one (1) or a group of employees, or a dispute between the City and the Union involving the interpretation, application, or enforcement of the express terms of this Agreement.
a. As used in this procedure, the term "supervisor" means the individual who assigns, reviews and directs the work of an employee.
b. As used in this procedure, the term "party" means an employee, the Union, the City, or their authorized representatives.
c. The employee retains all rights confe rred by Sections 3500 et seq., of the Government Code or Rules and Regulations of the Civil Service Board unless waived by such employee.
5.4 STEP ONE
An employee who believes they have cause for grievance may contact their supervisor alone. An employee who believe s they have cause for grievance may contact their supervisor with their Steward. If after discussions with the supervisor, the employee does not feel the grievance has been properly adjusted, the grievance may be reduced to writing. The grievance statement shall include the following:
a. A statement of the gr ievance clearly indicating the question raised by the grievance and the article(s) and section(s) of this Agreement. b. The remedy or correc tion requested of the City.
c. The grievance form shall be signed by the grieving employee, the date and time of presentation affixed thereto, and signed as received by the employee's supervisor.
d. The grieving employee's Division Head or designee shall give their answer to the grievance in writing within fourteen (14) calendar days from the time they received the grievance in writing. The answer by the Division Head or designee shall include the following:
(1) a complete statement of the City's position and the facts upon which it is based;
(2) the remedy or correction which has been offered, if any.
5.5 STEP TWO
The appeal to the second step will be made within fourteen (14) calendar days after receipt of the City’s Step One response. The hearing of the grievance will be held
10 within fourteen (14) calendar days of the second step appeal. The Union representative and designated Departmental representative will meet in an effort to settle the matter. The City's answer will be made fourteen (14) calendar days after the hearing is held. The employee has four teen (14) calendar days after receiving the City’s Step Two response to determine whether or not to appeal the grievance to the third step.
5.6 STEP THREE
a. The Union's representative and the des ignated representative of the City will meet to hear a grievance appealed to the third step.
b. Grievances of a general nature pertain ing to matters not normally decided by Shop or Unit supervisory personnel may be presented directly to the third step.
c. Grievances appealed to the third st ep of the grievance procedure shall be heard within fourteen (14) ca lendar days after the appeal to the third step of the grievance procedure.
d. A written answer will be made within f ourteen (14) calendar days after the hearing, stating the City's position.
5.7 ARBITRATION
If the third step answer is not satisfacto ry, the Union may appeal the grievance to arbitration. The request for arbitration must be given in writing to the Labor Relations Manager by the Union within f ourteen (14) calendar days fr om the date of the third step answer.
a. An arbitrator may be selected by mutual agreement between the Union representative and the Labor Relations Manager, or designee. b. Should the representatives fail to mu tually agree on an arbitrator they shall make a joint request to the State Mediation and Conciliation Service for a list of five (5) qualified arbitrators. The parties shall alternate striking names from the list and the remaining person shall be accepted as the arbitrator. The first party to strike will be determined by the flip of a coin. c. It is understood that the ar bitrator will only interpret this Agreement and will in no instance add to, delete from, or amend any part thereof. The arbitrator's decision shall be final and binding.
d. The fees of the arbi trator and the court reporte r if used will be borne equally by the Union and the City.
11 e. Either party to this Agreement shall, upon receipt of a written grievance, have the right to refuse to handle such grievance if the aggrieved party has not followed the steps outlined in this Article for processing a grievance. f. If the City does not meet time limits, the Union may process the grievance to the next step of the grievance procedure. Time limits at each grievance step may be waived by mutual agreement of the parties.
g. The Union District Representative or designee shall have the authority to settle grievances for the Union or empl oyees at the respective steps of the grievance procedure.
5.8 WITNESSES
The City agrees that employees shall not suffer loss of compensation for time spent as a witness at an arbitration hearing held pursuant hereto. The Union agrees that the number of witnesses requested to attend and their scheduling shall be reasonable.
ARTICLE 6 – SALARY ADJUSTMENTS
6.1 SALARY RANGE
The salary schedule shall consist of eight (8) steps with five percent (5.0%) between steps.
6.2 GENERAL SALARIES
a. Effective September 23, 2023 September 20, 2025 , all salary steps shall be increased by one percent (1.0%) six percent (6.0%).
This increase to all salary steps will be implemented within sixty ninety (6090) calendar days after the adoption of this Agreement by City Council. Only those employees who are on the payroll and who are employed in a classification covered by this Agreement on the date the payment is issued shall be eligible to receive retroactive pay. of implementation will receive the increase retroactively.
b. Effective September 19, 2026, all sala ry steps shall be increased by two and one-half percent (2.5%).
c. Effective July 13, 2024September 18, 2027, all salary steps shall be increased by three percent (3.0%). four percent (4.0%).
12 6.3 EQUITY ADJUSTMENTS
a. Effective April 4, 2026, a ll salary steps for the classi fication of Integrated Waste Equipment Operator shall be increased by seven percent (7%). b. Effective April 4, 2026, all salary steps for the classifi cation of Senior Integrated Waste Equipment Operator shall be increased by seven percent (7%).
6.4 SIGNING BONUS
Within forty-five (45) calendar days after adoption of this Agreement by City Council, the City will pay all employees covered by this Agreement a signing bonus of five hundred dollars ($500), less normal and cust omary payroll deductions. Only those employees who are on the payroll and who are employed in a classification covered by this Agreement on the date the payment is issued will receive the signing bonus.
ARTICLE 7 – SALARY ADMINISTRATION
7.1 ORIGINAL APPOINTMENT COMPENSATION RATE
The rate of compensation upon original ap pointment shall normally be Step 1, as applicable. However, if th e City Manager or designee fi nds that the appointee has extraordinary qualifications, or that a higher step is necessary in order to recruit, appointment at any step in the range may be made. This provision shall apply to original appointments to career positions and appointment to non-career positions.
7.2 ADVANCEMENT IN RATE OF COMPENSATION
a. Advancement in Steps
(1) Upon successful completion of tw enty-six (26) weeks (1,040 hours) of service, an employee shall be advanced to the next higher step of the salary range of the classification. Employees who thereafter maintain a normally satisfactory level of performance shall be advanced automatically at fifty-two (52) week (2,080 hours) intervals to succeeding steps of the assigned salary range.
(2) Time spent on leave of absence without pay of ten (10) or less consecutive workdays shall not affect the step increase eligibility date.
For such leaves in excess of ten (10) consecutive working days, all leave time shall not count toward step increases.
(3) An employee who has completed the required probatio nary period in their current classification and who is at a salary step lower than top step may be advanced to any higher step in the salary range for that classification at any time. Such step advancement under this provision
13 shall not be subject to the grievance procedure and shall be at the sole discretion of the Department Head.
Except as provided herein, this Section shall not apply to non-career employees. b. Denial of Step Incr ease and Reduction in-Grade
Employees who do not maintain a satisfactory level of performance may be denied advancement, and may be reduced within grade upon approval of the appointing authority. Employees in the civil service who are denied advancement, or who are reduced in-grade, shall have the right to appeal to the Civil Service Board in accordance with its Rules and Regulations. (This subsection shall not apply to non-career employees.)
c. Effective Date of Step Increases/Payroll Changes
All payroll changes shall be effective on the first day of the bi-weekly pay period following the date the employee became eligible for a pay increase, which bi-weekly pay period shall begin at 12:01 a.m. Saturday of the first week, and end at 12:00 midnight on the Friday of the second week. d. Effective Date of Salary Step Incr ease Upon Extension of Probationary Period (1) If the probationary period is ext ended due to light duty, sick leave, or injury-on-duty time, the salary st ep increase will be delayed for the period of the extension. However, the probationary period shall only be extended if the time exceeds thirty (30) consecutive calendar days. (2) For an employee in a classification with a six (6) month probationary period who successfully completes the extended probationary period, the period of the extension sha ll be included in determining the eligibility date for the salary step increase. For example, an employee is appointed on January 4, 1986, and works in the regular assignment until April 11, 1986. On April 12, 1986, the employee is on injury-on- duty time until July 4, 1986, and return s to the regular assignment on July 5, 1986. The employee successfully completes the probationary period on September 26, 1986. The effective date on the salary step increase is July 5, 1986, because the period April 12, 1986, to July 4, 1986, is included in determining the salary step eligibility date. (3) When the probationary period is extended for an employee in a classification with a twelve (12) month probationary period who has successfully completed less than twenty-six (26) weeks of service, the employee shall be eligible for a sa lary step increase upon successful completion of twenty-six (26) weeks of service, excluding the period of the extension. The period of the extension, however, shall be included in determining the eligibility date for the salary step increase. The
14 effective date of the salary step in crease is determined in accordance with the example given above.
(4) When the probationary period is extended for an employee in a classification with a twelve (12) month probationary period who has successfully completed more than twenty-six (26) weeks of service and who successfully completes the extended probationary period, the period of the extension shall be incl uded in determining the eligibility date for the next salary step increase. The effective date of the salary step increase is determined in a ccordance with the example given above, except fifty-two (52) weeks is required rather than twenty-six (26) weeks.
(5) If a probationary period is ext ended due to an unpaid leave of absence, the period of such extension is e xcluded in determining the eligibility date for a salary step increase.
7.3 EFFECT OF CLASSIFICATION CHANGE ON RATE OF COMPENSATION a. Movement to a Higher Classification
When an employee moves from one classi fication to another which has a higher salary, through examination, appointment to an exempt position, temporary appointment in t he absence of an eligible list, or reallocation, the employee shall receive an increase at least equal to a full in-grade salary step (5%) or Step 1, as applicable, of the higher classification, whichever is greater, but not to exceed the maximum rate of the higher classification. b. Movement to Another Posi tion in the Same Classification or to a Classification with the Same Salary Range
When an employee moves to another position in the same classification or to another classification with the same salary range, the employee shall maintain the same salary and same anniversary date.
c. Movement to a Lower Classification
When an employee's position is reallocated to a classification with a lower salary range, the employee shall suffer no reduction in salary, and the Y-rate provisions of this Agr eement shall apply. The sa lary of an employee who voluntarily demotes shall be that salary step nearest but does not exceed such salary paid in the previous classification.
7.4 EFFECT OF CHANGE OF SALARY RANGE UPON COMPENSATION
Whenever the salary range of a classification is adjusted upward, the salary rate of each employee in the classification shall be adjusted to the step in the new range
15 which corresponds to the step received in the former range, and the employee shall retain the current anniversary date for further increases within the new range.
7.5 RATE OF COMPENSATION UP ON RETURN TO CITY SERVICE
a. An employee recalled after layoff, rein stated after a leave of absence, or reemployed in the same classification after resignation shall return to the same salary step paid and shall be credited with the duration of time spent in their salary step paid at the time of departure. The period of time separated from City service shall not be included in the calculation of the anniversary date for future in-grade salary adjustments.
b. If the employee is reemployed after resi gnation to a classification lower than that in which last employed, the empl oyee may receive any step, but not to exceed the salary of the classification in which last employed. If that step is other than the maximum step of the sa lary range, the anniversary date for subsequent in-grade adjustments shall be twelve (12) months from the date of reemployment and each year therea fter until the maximum step of the salary range is reached.
7.6 RATES HIGHER THAN TOP STEP (Y-RATE)
Whenever the salary of an employee exceeds top step of the salary range established for a classification, such salary shall be designated as a "Y-rate.". During such time as an employee's salary remain s above the top step, the employee shall not receive further salary increases, except that upon prom otion to a higher classification, the employee shall immediat ely advance to the step of the range of the higher classification next above the "Y-rate,", and be eligible for advancement to succeeding steps in the range as outlined in this Agreement. In the event an employee is "Y-rated" below top step, as applicable, the employee shall be permitted to advance to the maximum step of the original range.
7.7 SALARY CONTINUATION FOR ABSENCE S FOR LESS THAN ONE WORK DAY A salaried employee exempt from the minimum wage and overtime provisions of the Fair Labor Standards Act who works for only a portion of the day shall not have their salary reduced that day due to insufficient accrued, usable leave. This provision shall apply only to employees in the Professional Unit.
7.8 LONGEVITY PAY (CITY CHARTER)
Employee eligibility for longevity pay as provided in Section 108 of the City Charter shall be determined by an employee’s City Service Seniority as defined in Article 15, Layoff, Section 15.2(b)(2). The amount to be paid annually on the second check in July after twenty (20) years of City servic e shall be one hundred dollars ($100.00), and after twenty-five (25) y ears of City service, an addi tional two hundred dollars ($200.00), for a total of th ree hundred dollars ($300.00). The parties acknowledge
16 that Longevity Pay is provided in the City Charter and not through this Agreement.
In the event that changes are made to the City Charter, those changes shall supersede the provision of this Agreement regarding Longevity Pay.
Longevity Pay as provided in this Section shall be reported to CalPERS in a manner consistent with CalPERS rules for reporting special compensation, as amended.
7.9 LONGEVITY PAY (CONTRACT) LIVING WAGE MEETIN GWithin ninety (90) calendar days of adoption of this Agreem ent by the City Council, at the written request of the Union, the parties agree to meet and discuss the recruitment and retention challenges facing the City’s lowest wage classifications represented by Local 39. Any change shall require mutual agreement between the parties. a. Employees who have completed seventeen (17) years of City service shall be eligible to receive contract longevity pay as follows:
(1) Effective September 19, 2026, longev ity pay will be one percent (1%) of the employee’s base rate of pay.
(2) Effective September 18, 2027, l ongevity pay will be increased by two percent (2%) of the empl oyee’s base rate of pay, for a total of three percent (3%).
b. Longevity Pay shall be additive and shall not be compounded with any other type of pay or incentive. For purposes of determining employee eligibility for longevity, as provided in this Section, years of service shall be determined by an employee’s City Service Seniority as defined in Article 15, Layoff, Section 15.2 (b)(2).
ARTICLE 8 – HEALTH AND WELFARE
8.1 CONTRIBUTION TO FULL-TIME AND PART-TIME CAREER EMPLOYEES a. The City shall administer a Cafeteria Plan (Plan) for employees consistent with Section 125 of the Internal Revenue Code. The details of Plan eligibility and operational requirements are set forth in Plan documents. The City shall make contributions (City dollars) as def ined below. One-half (1/2) of the City contributions will be made to eligible employees on the first two (2) paychecks (Eligible Paycheck) in each month for insurance coverage the first and second halves of that month, respectively.
b. Eligible employees sha ll receive a City contribution for each Eligible Paycheck on which the employee is paid for forty (40) or more hours. Employees who are paid less than forty ( 40) hours on an Eligible Paycheck may continue elected coverage limited to the City's medical, dental, and vision, plans for up to six (6) months or t he period of time permitted by Consolidated Omnibus Budget Reconciliation Ac t (COBRA), whichever is greater, by personal
17 remittance or other arrangement for pay ment of the full premiums of any insurance elected to be continued.
c. The amount of City contribution for eac h of the first two (2) paychecks of each month shall be based on the number of hours for which the employee was paid in that bi-weekly pay period: 64 or more hours paid = 100% contribution; 40-63.9 hours paid = 50% contribution.
d. Notwithstanding Section subsections 8.1(b) and 8.1(c), e ligible employees shall continue to receive a City contribution for each Eligible Paycheck during (1) an approved protected leave of absence, if required by state and federal law; or (2) while suspended from service without pay.
e. All terms and conditions of medical, dental, vision, disability, and basic life insurance sponsored by the City will be as outlined in certificates of coverage and related insurance contracts.
8.2 CONTRIBUTION TO NON-CAREER EMPLOYEES
a. The City shall contribute City dollars as provided below, on either a 100% or 50% basis, for non-career (+1,040) employees. Except as provided herein, the City contribution shall be applied toward the premiums for City-sponsored medical, dental, and vision insurance plans for eligible employees and qualified dependents, if any. The amount of City c ontribution for each of the first two (2) paychecks of each month shall be based on the number of hours for which the employee was paid in that bi-weekly pay period: 64 or more hours paid = 100% contribution; 40-63.9 hours paid = 50% contribution. b. To be eligible for the City contribution under this Section, the non-career employee must be paid for a minimum of forty (40) hours of work on each paycheck. If the employee fails to be paid for the minimum forty (40) hours necessary to receive the City contribut ion, the City shall deduct from the employee's first two (2) paychecks each month the amount needed to pay for the insurance plans which the employee has selected. If this deduction from the employee's first two (2) payche cks each month cannot be made in its entirety, it is the res ponsibility of the individual employee to pay for the remaining amount. Failure to do so before the end of t he calendar month including such paycheck(s) shall autom atically drop the employee from the City-sponsored insurance program until the next open enrollment period.
8.3 AMOUNT OF CONTRIBUTION
a. Employees Enrolled in an Acc ount-Based Health Plan (ABHP) (1) The ABHP is a combination of a High Deductible Health Plan (HDHP) and a Health Savings Account (HSA).
18 (2) Employees enrolled in an ABHP shall receive the same City contributions as specified in Secti on 8.3(b), below. To the extent the premium for the ABHP is less than th e City contributions outlined in Section 8.3(b), below, any excess City contribution shall be credited to the employee’s HSA to the extent allowed by law.
b. Employees Not Enrolled in an ABHP
(1) For Plan Years Prior to the Effective Date of Subsection (2), the City contributions shall be as follows:
i. Effective the pay period beginn ing December 18, 2021, for full- time employees enrolled in a City-sponsored medical plan for employee only, the City contribution shall be $838.00 per month. ii.i. Effective December 30, 2023, fFor full-time employees enrolled in a City-sponsored medical plan for employee only, the City contribution shall be nine hundred sev enty-one dollars ($971)955.00 per month.
(2) Effective the pay period beginn ing December 18, 2021, for full- time employees enrolled in a City-sponsored medical plan for employee plus one (1) dependent, t he City contribut ion shall be $1,333.00 per month.
i.ii. Effective December 30, 2023, fFor full-time employees enrolled in a City-sponsored medical plan for employee plus one (1) dependent, the City contribution shall be one thousand five hundred forty-five dollars ($1,545)1,520.00 per month.
ii. Effective the pay period beginn ing December 18, 2021, for full- time employees enrolled in a City-sponsored medical plan for employee plus two (2) or more dependents, the City contribution shall be $1,777.00 per month.
iii. Effective December 30, 2023, fFor full-time employees enrolled in a City-sponsored medical plan for employee plus two (2) or more dependents, the City contribution shall be two thousand fifty-one dollars ($2,051)2,026.00 per month.
(2) Effective the pay period beginnin g March 21, 2026, with the increased contribution first appearing on the paycheck issued April 14, 2026, the City’s monthly contributions shall be as follows:
i. For full-time employees enroll ed in a City-sponsored medical plan for employee only, the City cont ribution shall be one thousand fifty-one dollars ($1,051) per month.
19 ii. For full-time employees enroll ed in a City-sponsored medical plan for employee plus one (1) dependen t, the City contribution shall be one thousand six hundred seventy- four dollars ($1,674) per month.
iii. For full-time employees enroll ed in a City-sponsored medical plan for employee plus two (2) or more dependents, the City contribution shall be two thousand two hundred thirty dollars ($2,230) per month.
(3) Effective the first Eligible Paychec k of 2027 for plan year 2027, the City shall contribute fifty percent (50% ) of the first one hundred dollars ($100) of premium increases, up to a total City dollar maximum contribution of fifty dollars ($50) per month toward the cumulative total increase in premiums, fr om plan year 2026 to plan year 2027, of the benchmarked twenty-five dollar ($25) Kaiser HMO, Delta Dental PPO, and VSP basic vision plans. The employee shall be responsible for any premium increase(s) which exceed this amount.
If the year-over-year premium increase for the benchmarked twenty- five dollar ($25) Kaiser HMO for any applicable coverage level (Employee Only, Employee +1 depend ent, or Employee +2 or more dependents) from plan year 2026 to plan year 2027 exceeds ten percent (10%), the parties shall meet and discuss, upon the Union’s request, City dollar contribution increases limited solely to the specific coverage level for which the year-over-year premium increase exceeds ten percent (10%). Absent mu tual agreement, the City dollar contribution calculation outlined in this subsection 8.3 (b)(3) shall remain in effect.
(4) Effective the first Eligible Paychec k of 2028 for plan year 2028, the City shall contribute fifty percent (50% ) of the first one hundred dollars ($100) of premium increases, up to a total City dollar maximum contribution of fifty dollars ($50) per month toward the cumulative total increase in premiums, fr om plan year 2027 to pl an year 2028, of the benchmarked twenty-five dollar ($25) Kaiser HMO, Delta Dental PPO, and VSP basic vision plans. The employee shall be responsible for any premium increase(s) which exceed this amount.
If the year-over-year premium increase for the benchmarked twenty- five dollar ($25) Kaiser HMO for any applicable coverage level (Employee Only, Employee +1 depend ent, or Employee +2 or more dependents) from plan year 2027 to plan year 2028 exceeds ten percent (10%), the parties shall meet and confer, upon the Union’s request, City Dollar contribution increases limited solely to the specific
20 coverage level for which the year-over-year premiums increase exceeds ten percent (10%).
c. Employees not enrolled in a City-sponsored medical plan shall receive a City contribution of up to seven hundred forty-seven dollars ( $747) per month to purchase City-sponsored dental and vision coverage.
c.d. Part-time employees shall receive a be prorated City contribution consistent with as indicated in subsection 8.1(c).
d. Effective the first paycheck of 2025 for plan year2025, the City shall contribute fifty percent (50%) of the first fifty dolla rs ($50.00) of premium increases, up to a total City dollar maximum contribution of twenty-five dollars ($25.00) per month, toward the cumulative total increase in premiums, from plan year 2024 to plan year 2025, of t he benchmarked twenty-five dollar ($25.00) Kaiser HMO, Delta Dental PPO, and VSP basic vision plans. The employee shall be responsible for any premium increase(s) which exceed this amount. e. If all City bargaining units agree to the change, eEmployees who are eligible to receive the City contribution who do not provide proof of other group medical coverage or do not enroll in City medical coverage within thirty (30) calendar days of being eligible for the City’s contribution shall be enrolled in the lowest cost ABHP medical plan for employee only coverage. If all City bargaining units do not agree to the change, the City will continue to enroll such employees in the lowest cost traditional HMO medical plan for employee only coverage.
f. Employees shall not receive any unused portion of the City contribution as cash.
f.g. Changes to the City’s healthcare cont ribution levels as provided in this Section, including the adjustments e ffective for plan year 2026, shall not create or entitle employ ees to a special open enrollment period. Open enrollment opportunities shall occur onl y as provided in the City’s normal annual benefits cycle or as otherwise required by law.
8.4 COVERED DEPENDENTS
a. An employee who has a domestic par tner, and has a notarized City provided “Declaration & Understanding of Partnersh ip Status for City of Sacramento Employee Health Benefits” dated on or before December 5, 2017, may cover the domestic partner under the employee's City-sponsored medical plan. The employee’s contribution for the prem ium cost for the domestic partner coverage will be made on an “after tax” basis.
b. An employee who has a domestic partner , and is registered with the Secretary of State of the State of California, may cover the domestic partner and/or the
21 domestic partner's children, under t he employee's City-sponsored medical plan. Employees with regi stered State of California domestic partners shall receive the City contributions as specified in Section 8.3. c. The following eligible dependents qualify to be enro lled on a City medical, dental, or vision plan: lawfully married spouse or registered domestic partner; children up to age 26 who are an employee’s natural child, stepchild, adopted child, or the natural or adopted child of an employee’s spouse or registered domestic partner; children up to age 26 who are placed under the legal guardianship of an employee, the empl oyee’s spouse, or employee’s registered domestic partner; children under the age of 26 in which the City has received notice of a Qualified Do mestic Relations Order of Required Coverage; and disabled unmarried children over the age of 26 who reside with the employee. The definition of a depend ent child for purposes of medical insurance shall also be in accordanc e with the Patient Protection and Affordable Care Act.
d. An employee covered as a dependent of another City employee may not enroll in a City medical plan but may enroll in a City dental or vision plan.
8.5 CASH-BACK LIMITS
a. The cash-back of City dollars shall be limited to two hundred dollars ($200).00 per month for career em ployees who have waived City-sponsored medical insurance continuously since June 29, 2012. Part-time employees shall be prorated as indicated in subsection 8.1(c).
b. New employees or employees who were not receiving the cash-back as of June 29, 2012, shall not be eligible for any cash-back. c. Employees transferring to classificati ons covered by this Agreement who are receiving cash-back at the time of transfer may maintain the cash-back option as long as they continuously waive City-sponsored medical insurance.
8.6 LIFE INSURANCE
a. The City provides basic life insurance in an amount of $20,000 to each eligible career employee at no charge. Employ ees may purchase, at their expense, additional life insurance of $30,000.
b. Employees may also purchase, at t heir expense, supplemental life insurance at an amount of up to three (3) times their annual salary, subject to limitations specified by the insurance carrier.
22 8.7 FLEXIBLE SPENDING ACCOUNTS
The City shall offer the following Flexible Spending Accounts (FSA) as permitted by Internal Revenue Service Regulations:
a. Out-of-pocket costs for City-sponsor ed health, dental, and vision insurance plans;
b. Unreimbursed health care expenses; and
c. Dependent care reimbursement.
The City shall provide a summary of IRS rules on flexible spending limits during each open enrollment to both the employees and the Union.
8.8 RETIREES OR SURVIVOR DEPENDENTS
Eligible City retirees or survivor dependents shall receive City-paid retiree insurance contributions for medical, dental, and vi sion insurance benefits under the following provisions:
a. The maximum City contribution toward s the purchase of m edical, dental, or vision insurance for retirees is three hundred dollars ($300.00) per month for the retiree. A retiree wit h a dependent enrolled on the retiree’s medical plan shall receive an additional sixty-five dollars ($65.00) per month. Retirees shall not receive any unused portion of the City contribution as cash. b. Employees Retiring On or After July 1, 1992
(1) Except as provided below, to be eligible for the City’s retiree insurance contribution the employ ee must retire from active service with a minimum of ten (10) full years of City service for a service or ordinary disability retirement, and age fifty (50).
(2) Employees retiring with thirty (30) or more years of City service shall be eligible for the City's retiree health insurance contribution and dental benefit effective with the date of retirement without regard to age. (3) The City's retiree insurance contribution shall be as follows:
(a) Employees with a minimum ten (1 0) full years of City service but less than fifteen (15) full years of City service shall be eligible to a maximum of fifty percent (50%) of the City's maximum health insurance contribution identified in subsection 8.8(a) above. (b) Employees with a minimum fifteen (15) full years of City service but less than twenty ( 20) full years of City service shall be
23 eligible to a maximum of seventy-five percent (75%) of the City's maximum retiree insurance contribution identified in subsection
8.8(a) above.
(c) Employees with a minimum of twenty (20) full years of City service shall be eligible for up to one hundred percent (100%) of the City's maximum retiree insur ance contribution identified in subsection 8.8(a) above.
(4) There shall be no City-paid retiree insurance contribution or dental benefit for retirees with less than ten (10) full years of City service. (5) An employee who does not retiree from the Sacramento City Employee Retirement System (SCERS) or th e California Public Employee Retirement System (CalPERS) wi thin one-hundred twenty (120) days from the date of separation from Cit y service shall not be eligible for the City’s retiree insurance contribution and may not enroll in a City medical, dental, or vision plan.
c. Retiree Insurance Contribution for Pers ons in Deferred Retirement Status As of January 1, 1991
Employees who have elected a deferred retirement prior to January 1, 1991, and who then elect to retire on or after July 1, 1992, and before December 5, 2017, shall be eligible to the City's re tiree insurance contribution and dental benefit as follows:
(1) A retiree with at least ten (10) full years of City service shall be eligible for fifty percent (50%) of the City' s retiree insurance contribution as identified in subsection (a) above.
(2) A retiree with twenty (20) full year s or more of City service shall be eligible for one hundred percent (100%) of the City's retiree insurance contribution as identified in subsection (a) above.
(3) Retirees must be at leas t fifty (50) years of age. (4) There is no eligibility for retiree in surance contribution or dental benefit for retirees with less than ten (10) full years of City service or who have not attained the age minimum specified in subsection 8.8(b) above. d. Pre-Medicare Eligible Retirees
Retirees who are not eligible for Medicare benefits may elect to participate in a City-sponsored medical plan or purc hase an individual medical plan. A retiree who elects to purchase a medical plan not sponsored by the City shall
24 be eligible to reenroll in a City- sponsored health plan within two (2) consecutive plan years of waiving City coverage.
e. Retiree Insurance Contribution Exclusion
Retirees who participate in another gr oup medical plan as an employee or dependent spouse shall not be eligible for the City contribution outlined above. f. Industrial Disability or Deat h in Line of Duty Survivors Retirees who receive industrial disab ility pensions or death in-line-of-duty survivors will be entitled to one hundred percent (100%) of the City-paid health insurance contribution and dent al benefit for retirees regardless of years of service.
g. Survivor Dependents Benefits
Survivor dependents of eligible retirees shall continue to receive the retiree insurance contribution of up to three hundred dollars ($300).00 for the survivor only, or up to three hundred sixty-five dollars ( $365).00 for the survivor and an eligible dependent.
“Eligible dependent,” as used in this Section, is defined as a dependent who was eligible to be enrolled on the retir ee’s benefit plan at the time of the retiree’s death.
h. Medicare Supplement
In order to maintain eligibility for the City retiree health insurance contribution, each eligible retiree and dependent shall enroll in Medicare Parts A and B immediately after becoming eligible for such benefits.
i. Limitation Clause
No employee or retiree shall have any rights provided by section 8.8 (Retirees or Survivor Dependents) after September 19, 2025.September 15, 2028. j. Elimination of Retir ee or Survivors Dependents Benefits for Employees Hired After June 30, 2012
Unless otherwise required by law, no employee hired, reemployed, or rehired on or after June 30, 2012, shall be eligib le for any of the benefits provided in Section 8.8 (Retirees or Survivor D ependents). Employees being recalled from layoff, reinstated c onsistent with the Rules and Regulations of the Civil Service Board, Rule 10.6, or transferri ng to classifications covered by this Agreement after June 30, 2012, shall be el igible for the benefits provided by
25 Section 8.8 only if the transferring employee was eligible for retiree or survivor dependent benefits at the time of layoff, reinstatement, or transfer. k. Resuming Retiree or Survivor Depende nts Benefits for Eligible Personnel who Unretire from City Service and Subseque ntly Re-Retire from City Service On/After September 23, 2023
Individuals retired from classificati ons represented by the Union who are eligible for retiree or survivor dependents benefits under Section 8.8 shall have these benefits suspended if they elec t to unretire and return to active employment with the City of Sacramento.
Notwithstanding Section 8.8(j), upon re-r etirement from a classification represented by the Union, retirees who we re eligible for retiree or survivor dependents benefits under Section 8.8 at the time of their first retirement, shall receive the City contribution to which they were entitled to upon their original retirement date. Years of service dur ing the employee’s return to active employment will not be used to determine any employee’s entitlement to the City’s retiree insurance contribution under Section 8.8.
Example: An employee retires from a classification represented by the Union with fifteen (15) years of City service. The employee is eligible for 75% of the City’s retiree insurance contribution. The individual unretires and work s in a Union represented
classification for another ten (10) years. When the employee re- retires, the employee is only el igible for the fifteen (15) year contribution amount, irrespective of any additional years of service worked for the City.
ARTICLE 9 – HOURS OF WORK AND SELECTION OF VACANCIES
9.1 WORKDAY, WORKWEEK
a. The workweek for employees covered by this Agreement shall begin at 12:01 a.m. Saturday, and end at 12:00 mi dnight the following Friday. The employees' workweek shall consist of forty (40) working hours during the said seven (7) day period. This paragraph does not apply to non-career employees.
b. The City may establish a workweek schedul e consisting of forty (40) hours in increments of four (4), ten (10) hour workdays; five (5) eight (8) hour workdays; or a 9-80 workweek schedule c onsisting of four (4), nine (9) hour workdays, four (4), nine (9) hour wo rkdays, and one (1), eight (8) hour workday during an eighty (80) hour bi -weekly period. The City shall discuss with the Union thirty (30) days in advance of implementation of the four (4),
26 ten (10) workweek or 9-80 workweek schedule. Every effort will be made to schedule such workdays consecutively and avoid back-to-back workweeks, unless a separate written workweek agreement is entered into by the City and the Union.
c. All employees covered by this Ag reement, except those employees on a straight eight (8) hour workday, shall be allowed a lunch period, to be used as the employee desires within accepted st andards, of not less than thirty (30) minutes nor more than one (1) hour which may be scheduled generally in the middle of the work shift. If an employee is required to work during their lunch period, and if no alternate lunch peri od is taken, at the approval of the employee's supervisor said time shall be compensated at one and one-half (1 ½) times the employee’s regular rate of pay if the time worked exceeds that of their scheduled work shift. This paragraph does not apply to non-career employees.
d. Employees shall be given at least t en (10) workdays’ notice prior to a permanent change in their assigned hours of work. If an employee’s shift or days off are changed without the above notification, they shall be paid the one and one-half (1 ½) times the employee’s regular rate of pay for all time worked on the first day of the new shift. This paragraph applies to career employees and to those non-career (+1,040) employees who have a permanent shift schedule. Every effort will be made to gi ve employees as much notice as possible for any change of shift or days off.
9.2 TEMPORARY ASSIGNMENT AND SHIFT CHANGES
a. When a temporary assignment arises within twenty-four (24) hours of the shift, the supervisor shall assign an employee to cover the work as required by the needs of the operation.
b. When a temporary assignment arises within the pay period and there is advance notice of the assignment, the supervisor may solicit and select from qualified volunteers provi ded that there is no disruption in meeting the business needs of the operation. If t here are no volunteers, the supervisor shall designate an employee to work the assignment.
c. Employees may voluntarily, and wit h the mutual agreement of their Department Head, or designee, flex their shift(s) to meet the needs of the operation. These voluntary shift changes shall not require the payment of overtime; however, the City shall not change an employee’s shift involuntarily to avoid the payment of overtime. This provision may be cancelled by either party with thirty (30) calendar days’ written notice.
d. When a long-term temporary assignment arises with a minimum of fifteen (15) calendar days’ advance notice, the type of work and duration shall be posted for three (3) calendar days. The supervisor shall solicit and select from
27 qualified volunteers provi ded that there is no disruption in meeting the business needs of the operation. If t here are no volunteer s, the supervisor shall designate an employee assignment.
e. To the extent possible, the supervi sor will seek to distribute temporary assignments among all qualified employees.
f. There are operations with multiple functions which may be assigned and/or reassigned based on the f unction priority and operational need of the organization. Insofar as it is reasonable, the expressed assignment preferences of employees sha ll be considered when making such assignments/reassignments provided that there is no disruption in meeting the business needs of the operation.
g. Every effort will be made to give empl oyees as much notice as possible for any temporary change of assignment or shift.
h. Recycling and Solid Waste
When a Recycling and Solid Waste employee who is assigned to a route has noticed the City that they will be off work for four (4) or more work weeks on a City-approved leave of absence, the City shall post the vacancy for four (4) calendar days as a temporary bid for floating employees, which are employees who do not have a designated route. When the employee who is on leave returns to work, the floating employee shall return to floating status.
If the employee on leave separates from City service, promotes, or transfers, then the vacancy becomes permanent and shall be subject to the standard post and bid requirements.
9.3 FILLING PERMANENT VACANCIES
a. Whenever a vacancy occurs in a par ticular job assignment, and the manager elects to permanently fill said vacan cy, the vacancy shall be posted for a period of ten (10) calendar days. The posting shall include the duties of the position. Employees holding career status in the classification allocated to that position, and who are assi gned to the particular operation in which the vacancy arises, may request to be rea ssigned to fill said vacancy. The manager shall give first considerati on to those employees making such requests before considering any other persons for the vacancy. The term “first consideration” does not mean that the employees requesting transfer to the vacant position have first priority to the job, nor does it require the appointing authority to appoint an employee from su ch list to the vacancy, but only assures that such employees shall in fact be given consideration for the position prior to reviewing other candidates.
b. In the event more than one (1) qualified employee requests to fill said vacancy, the assignment shall be based on classifi cation seniority (or in the case of a
28 tie, highest position on the eligible list) provided relative experience and capability in performing the required job functions and relative disruptive effect on the established work schedule are equal.
c. The City shall reassign or prevent t he assignment of employees where there is or would be an immediate supervisory/subordinate relationship and the employees have a potential employment conflict of interest due to a parental, spousal, or sibling relationship.
d. A vacancy or vacancies resultin g from an assignment made hereunder may not be subject to this procedure.
e. It shall be within the discr etion of the Department He ads, or their respective designee, to make departmental transfers as in their judgment will best meet the organizational, operational, and personnel needs of the departments. f. This Section does not apply to non-career employees.
9.4 REST PERIODS
a. Each employee covered by this Agreement will be afforded rest periods.
These rest periods will be as currently administered by their respective departments.
b. The length of the rest per iods will be fifteen (15) mi nutes during the first half of an employee’s work shift, and fifteen (15) minutes during the last half of an employee’s work shift, unless the City and the Union agree otherwise in writing. Non-career employ ees shall be entitled to a fifteen (15) minute rest period during every four (4) hours of scheduled work.
c. The City shall notify employees or post in each work location a policy statement regarding when rest periods shall be taken. In the event it is deemed necessary to change an establis hed rest period within a work organization, notification will be given to the Union prior to implementing such change.
9.5 VOLUNTARY WORK FURLOUGH PROGRAM
Full-time career employees may participat e in a voluntary work furlough/reduced work week consisting of a full day of unpaid leave on a variable schedule or a work schedule which is modified on a regular fixed basis to less than forty (40) hours per week. Employees shall apply for participat ion in the program pursuant to the conditions set forth in the rules and procedures governing this Citywide program.
29 ARTICLE 10 – OVERTIME COMPENSATION
10.1 OVERTIME/COMPENSATING TIME OFF (CTO)
a. Employees are eligible for overtime compensation at one and one-half (1.5) times their regular rate of pay when they work in excess of forty (40) hours in a workweek. With the exception of sick leave, all paid time shall count as time worked for the purpose of calculating overtime eligibility. a. Employees who are required to work in excess of their regularly scheduled shift, which is forty (40) hours per workweek, shall be compensated for such work time at one and one-half (1.5) times their regular rate of pay. With the exception of sick leave, all paid time shall count as time worked for the purposes of calculating overtime eligibility.
b. Part-time employees or employees w ho are regularly scheduled to work fewer than forty (40) hours per workweek, are eligible for overtime compensation at one and one-half (1.5) times their regular rate of pay when they work in excess of forty (40) hours in a workweek. With the exception of sick leave, all paid time shall count as time worked for the purposes of calculating overtime eligibility.
c.b. Overtime compensation shall be paid by cash payment. In lieu of cash payment, Compensating Time Off (CTO) may be earned by mutual agreement between the employee and the appoint ing authority or designee. The scheduling of CTO use must be approved in advance by the appointing authority or designee.
d.c. Employees may accrue up to one hundred sixty (160) hours of CTO. The City may cash out CTO hours accumulated in excess of eighty (80) hours at any time provided that the use of such time off has not been previously approved. e.d. Overtime work shall be distributed equally insofar as possible among qualified career employees engaged in the same ac tivities or any one classification in accordance with the criteria established herein.
f.e. The City shall determine which employees are qualified for overtime based on the following factors:
(1) Employee classification
(2) Job location
(3) Shift
(4) Completion of started assignment
30 (5) Emergency
(6) Desire to work overtime
(7) Employee availability
g.f. The City shall review its di stribution of overtime every three (3) months. It is understood that the nature of certain work assignments does not easily permit equal distribution of overtime, and in such cases exception may be made to equal distribution. Disputes over equal distribution of overtime may be resolved pursuant to the grievance procedure.
h.g. The City shall not adjust a regular workweek schedule during said workweek to avoid payment of overtime.
i.h. Out-of-class incentive and/or night shif t differential shall be included when calculating an employee’s overtime rate of pay for all actual hours worked in said assignment.
j.i. Cash-back provided to employees who opt-out of City sponsored medical insurance as provided in Section 8.5, Cash-Back Limits, shall not be included in the employee’s regular rate of pay when determining such rate for contract overtime.
10.2 COURT OVERTIME
a. Court Overtime
(1) This Section applies when an empl oyee is subpoenaed to appear in the litigation of a public offense in their capacity as an employee of the City of Sacramento. For the purpose s of this Section "subpoenaed to appear" shall be defined as being served with a subpoena in California Penal Code Sections 1326 through 1332, or a "subpoena request form" used by the Sacramento Police Department.
(2) When an employee is subpoenaed to appear in court and is not scheduled to be on duty during the time of their appearance, upon reporting to the court the employee wi ll receive a minimum of four (4) hours pay at time and one-half the empl oyee’s base rate of pay, plus applicable incentives, or the actual amount of ti me spent in court, whichever is greater.
(3) When such court appearance on off- duty time requires the employee to be in attendance before and after the lunch recess, such lunch time will be included in determining the employee's court overtime pay.
31 (4) When an employee works a graveyard shift that ends at or after 7:00 a.m., and is required to make a morning court appearance on the same day, the employee shall receive cour t overtime pay at time and one- half the employee’s base rate of pay, plus applicable incentives, beginning at the end of the employ ee’s shift. The employee shall use the time to the maximum extent possible to travel to and prepare for the court appearance.
(5) When the employee's court appear ance is scheduled within two (2) hours prior to the beginning of the employee's work hours, the employee will be compensat ed at the rate of time and one-half the employee’s base rate of pay, plus applicable incentives, for a minimum of two (2) hours for such court appearance.
(6) When an employee is on vacation more than two hundred (200) miles from Sacramento and the vacation is interrupted by a court appearance, the employee shall be paid a minimum of four (4) hours pay at the rate of double time for such court appearance, and shall be given an additional vacation day for each day at court appearance and travel time, if such travel time is at least one full day. (Travel time is defined as seven (7) hours.) However, for an employee to be eligible for compensation under this subs ection the employee must, upon receiving the subpoena, notify both their immediate supervisor and the Court Liaison Office of the scheduled vacation/court appearance conflict.
b. Telephone Standby Time
(1) When an employee is placed on te lephone standby by the District Attorney, or the judge of the court, the employee is required, at no cost to the City, to notify the Court Liaison Office, and the employee's immediate supervisor, of the cour t order. If the stan dby requirement has been confirmed by the D epartment, the employee will be compensated at the rate of one and one-half (1-1/2) times their regular rate of pay for only those hours that the court is actually in session. (2) There shall be no telephone overtime for an employee merely answering their personal telephone.
(3) This Section does not preclude the employee from contacting the court, District Attorney, their office, or t he Court Liaison Office at their own discretion. However, these calls will not be compensated. c. Cancellation of Appearances
Notice of cancellation will be given to employees three (3) hours prior to court or at the end of last shift prior to court. In the event that such notice is given
32 within the three (3) hours, employees will receive two (2) hours of overtime at the rate of time and one-half. Notification to employees prior to three (3) hours will eliminate overtime compensation.
ARTICLE 11 – STANDBY ASSIGNMENTS AND NIGHT-SHIFT PREMIUM PAY
11.1 STANDBY ASSIGNMENTS
a. An employee who is required to remain on standby for emergency work shall be paid $245 per week, or the daily pro rata rate of $35.00, in addition to their regular compensation. Employees who are called out while on standby shall receive two (2) hours minimum pay at their regular rate of pay, or consistent with Article 10.1, one and one-half (1 ½) times their regular rate of pay, whichever is greater. Non-career employees shall not be on standby for emergency work. Any employee who is on standby New Year's Day, Christmas Day, Thanksgiving Day, or the 4th of July shall receive twelve (12) hours of holiday credit.
a.b. Effective April 4, 2026, the following subsection will replace subsection (a), above: An employee who is required to remain on standby for emergency work shall be paid $329 per week, or the daily pro rata rate of $47.00, in addition to their regular compensation. Employees who are called out while on standby shall receive two (2) hours mini mum pay at their regular rate of pay, or consistent with Article 10.1, one and one-half (1 ½) times their regular rate of pay, whichever is greater. N on-career employees shall not be on standby for emergency work. Any employee who is on standby New Year’s Day, Christmas Day, Thanksgiving Day, or the 4th of July shall receive twelve (12) hours of holiday credit.
b.c. Employees who are issued a City cell phone, laptop, and/or pager are not on standby unless assigned by the appointing authority.
c.d. With the exception of sick leave, employees may use any type of authorized leave, including, but not limited to, vacation; CTO; holiday credit; etc., during their standby assignment so long as t hey remain available for their standby assignment. An employee utilizing sick leave who is unable to work due to a personal illness, shall not receive standby pay for the day(s) out sick.
Employees who fall ill after hours while they are on standby, shall notify the Standby Supervisor who will find a replacement for the day(s) the employee is out sick. The standby assignment may resume when the employee returns to work.
d.e. If an employee is assigned to standby and receives telephone contacts, and is engaged in a problem resolution wh ich exceeds fifteen (15) minutes, the employee shall receive the two-hour mi nimum, or actual time worked,
33 whichever is greater. Additional calls within the two-hour period are covered under that minimum time.
11.2 NIGHT-SHIFT PREMIUM PAY
a. Career and non-career (+1,040) employees covered by this Agreement who work five-eighths (5/8) or more of t heir regular shift in the period extending from 6:00 p.m. to 6:00 a.m., shall be compensated therefore, by payment for the entire shift of an additional five percent (5%) of their base pay for that shift.
Said employees who work less than five-e ighths (5/8) of their regular work shift in the period extending from 6:00 p.m. to 6:00 a.m., shall be compensated for those hours worked (to the neares t one-half hour) within this period by payment of an additional five percent (5%) of their base pay for such hours. b. An employee shall not receive night-shift premium pay when on vacation or other authorized leave of absence with pay.
ARTICLE 12 – LEAVES
12.1 HOLIDAYS
a. The following shall be the recogni zed holidays under this Agreement H o l i d a y D a t e
New Year's Day January 1
Martin Luther King's Birthday Third Monday in January
Washington's Birthday Third Monday in February
Cesar Chavez's Birthday March 31
Memorial Day Last Monday in May
Juneteenth June 19
Independence Day July 4
Labor Day First Monday in September
Veteran's Day November 11
Thanksgiving Day Fourth Thursday in November
Day after Thanksgiving Day Friday after Thanksgiving
Christmas Eve (4 hours) December 24
Christmas Day December 25
New Year's Eve (4 hours) December 31
b. Eligibility
(1) To be eligible for holiday pay, the employee shall work the last scheduled workday before and after the recognized holiday. Paid time on vacation, sick leave or compensating time off shall be considered hours worked for the purpose of holiday pay eligibility. An employee
34 absent due to a disciplinary suspension shall not be considered to have missed a scheduled workday for the purpose of holiday pay eligibility. (2) A part-time career employee, in cluding an employee in a work sharing program, or a non-car eer (+1,040) employee shall receive the recognized holiday benefit bas ed upon the number of hours the employee was paid in that workweek as follows:
Number of
Recognized Holidays
In the Workweek
Minimum Number of Paid
Hours in the Workweek
50% Benefit 100% Benefit
.5 18 28.8
1.0 16 25.6
1.5 14 22.4
2.0 12 19.2
An employee paid for less than the minimum number of hours required for the 50% benefit shall receive no recognized holiday benefit. (3) Notwithstanding any provision of this Section, non-career (-1,040) employees who work in classifications which have only an hourly rate of pay as set forth in the current salary schedule shall not receive recognized or floating holiday benefits.
c. Monday-Friday Schedule
If an employee's scheduled days off ar e Saturday and Sunday during a standard City workweek in which a recognized holiday falls, the following shall apply:
(1) If the recognized holiday falls on a Saturday, the preceding Friday shall be considered the employee's holiday.
(2) If the recognized holiday falls on a Sunday, the following Monday shall be considered the employee's holiday.
(3) An employee who is scheduled to work on a recognized holiday shall receive holiday pay plus time and one-half compensation for working the holiday.
d. Weekend Schedule
If an employee's scheduled days off are other than Saturday and Sunday during the standard City workweek in wh ich a recognized holiday falls, the following shall apply:
35 (1) The actual dates as listed above sha ll be considered as the employee's holiday.
(2) If the recognized holiday falls on the employee's scheduled day off, the employee shall accrue holiday credi t for the hours of the holiday benefit.
(3) An employee who is regularly scheduled to work on a recognized holiday shall receive holiday pay plus time and one-half compensation for working the holiday.
e. Alternative Monday-Friday Schedules
(1) For employees who work a Monday through Friday alternative work schedule, including but not limited to 9/80 or 4/10, if the recognized holiday falls on the employee’s scheduled day off, the employee shall receive holiday credit for the hours of the holiday benefit, up to a maximum of eight (8) hours.
(2) An employee who is scheduled to work on a recognized holiday shall receive holiday pay plus time and one-half compensation for working the holiday.
f. Holiday Benefit for Employees in Class ifications Which Accrue Holiday Time (1) The number of recognized holiday hours for full-time career employees in a classification designated to a ccrue holiday time shall be one hundred and twelvetwenty ( 112120) per calendar year which shall accrue at 4 five (5) hours, 40 minutes on each of the first two (2) paychecks each month..
(2) A part-time career employee, in cluding an employee in a work sharing program or a non-career (+1,040) em ployee, shall accrue recognized holiday credit based on the number of hours for which the employee was paid in that bi-weekly pay period: 64 or more hours paid = 100% accrual; 40-63.9 hours paid = 50% accrual.
(3) The following classifications shall accrue holiday credit:
Evidence and Property Technician
/Senior Evidence and Property Technician
Parking Lot Attendant
/Senior Parking Lot Attendant
(4) Employees who accrue holiday time may accumulate holiday credit up to a maximum of eighty (80) hours. Thereafter, all accrued holiday time in excess of eighty (80) hours in any bi-weekly pay period shall be paid
36 to the employee at their straight-time hourly rate. Holiday credit may be taken by the employee at the discr etion of the Department Head.
Employees may use up to forty (40) hours of holiday accrual in conjunction with a scheduled vaca tion with the approval of the Department Head.
g. Floating Holidays
(1) Accrual
In addition to the recognized holida ys specified above, all employees, except those employees covered under subsection (f), shall receive the equivalent of two (2) floating holi days per calendar year accrued as follows:
(a) Full-time career employees s hall accrue forty (40) minutes of floating holiday on each of t he first two (2) paychecks each month, as long as the employee is in paid status for forty (40) or more hours on the paycheck that the accrual would occur. (b) A part-time career employee, including an employee in a work sharing program or a non-career (+1,040) employee shall accrue floating holiday credit based on the number of hours for which the employee was paid in th at bi-weekly pay period: 64 or more hours paid = 100% a ccrual; 40-63.9 hours paid = 50% accrual.
(2) Administration
(a) The scheduling of floating hol iday time must be approved in advance by the appointing authority or designated
representative.
(b) An employee may carry over fr om the preceding calendar year a maximum of eight (8) hours of floating holiday. All floating hours accrued and not used in excess of eight (8) hours shall be paid to the employee at the employee’s straight-time hourly rate of pay on the final paycheck of the calendar year in which it was earned.
(c) An employee terminating for any reason shall be paid for all accrued floating holiday time at the straight-time hourly rate. (3) Close Operations/Conve rsion of Floating Holiday
The City may elect to close operations for a full day on Christmas Eve and New Year’s Eve and eliminate one (1) float ing holiday. The City
37 agrees to meet and confer on the impacts associated with the implementation of the conversion of the floating holiday to the extent required by law.
h. Christmas Eve and New Year's Eve Holidays
In the event an eligible employee cannot be scheduled off the last four (4) hours of the work shift, or applicable pr o-ration for part-time employees, on the two (2) four (4) -hour recogniz ed holidays before Christmas and New Year's, the holidays shall be observed as a single holiday, at the discretion of the City, on Christmas Eve or New Year's Eve.
12.2 VACATION
a. Vacation Leave Accrual
(1) Employees with less than five (5) fu ll years of service shall earn eighty (80) hours of vacation each year which shall accrue at three (3) hours, twenty (20) minutes on each of the first two (2) paychecks each month. (2) Employees with more than five (5) full years of service and less than fifteen (15) full years of service shall earn one hundred twenty (120) hours of vacation each year which shall accrue at five (5) hours on each of the first two (2) paychecks each month.
(3) Employees with more than fifteen (15) full years of service shall earn one hundred sixty (160) hours of vacation each year which shall accrue at six (6) hours, forty (40) minutes on each of the first two (2) paychecks each month.
(4) Continuous career service and c ontiguous non-career service prior to the date of appointment to a career classification shall be used to determine the vacation accrual date used in determining the above accrual rates.
(5) An employee’s maximum accrual of vacation shall not exceed four hundred and eighty (480) hours. Accrual shall be suspended until the balance is brought below the maximu m accrual amount. Accrual will resume on the applicable paycheck following the paycheck in which the balance is brought down.
b. Employees who are eligible to receiv e a cash payment in-lieu of vacation leave, as provided in Se ction 107(d) of the Sacr amento City Charter, may make an irrevocable election to receive such payment by foregoing the same number of vacation hours in the calend ar year following the election.
Notification of the election must be made to the Payroll Division, Department of Finance, in writing by November 30. The in-lieu payment will be made to
38 the employee on the last paycheck in March of the calendar year following the election. Payment shall be made at the straight time hourly rate of pay the employee is receiving at the time payment is made. If the employee electing the in-lieu payment separat es from City employment for any purpose before receiving the in-lieu payment, the employ ee forfeits any right to receive the payment, but will instead have their vacation leave balances credited with the amount of hours that woul d have accrued from January 1 to the last day of employment.
c. Integration of Vacation with Workers’ Compensation
Where a career employee sustains an injury covered by workers' compensation and has utilized all of t he one year "injury-on-duty time" as provided under City Charter Section 253, or former City Charter Section 167, as the case may be, and consequently is receiving straight workers' compensation temporary disability payments, the employee will be allowed to utilize (while off work) accrued vacation time in partial day increments in addition to receiving workers' compens ation temporary disability payments with the total aggregate payment of temporary disability and vacation pay not to exceed one hundred percent (100%) of the employee’s regular rate of pay.
As a condition of so using such accr ued vacation, however, the employee is required to continuously utilize accrued vacation until accrued vacation is exhausted or they return to work. This provision also applies to any accrued leave with the exception as noted in 12.4 Sick Leave.
d. Vacation Scheduling
(1) The time at which the employee s hall be granted a vacation is at the approval of the Department Head. The Department shall determine the number and classification of employees who can be off on vacation on any given day. However, in an effo rt to accommodate the employee's requested vacation schedule each Department shall open to bid vacation scheduling thirty-one (31) days prior to November 1st of each year. Classification seniority sh all govern where more than one employee bids for the same period. In case of a tie, the employee with the greatest amount of continuous City service shall be senior. (2) Non-career (+1,040) employees sha ll be eligible to bid for vacation after all career employees have bid. Date of last hire shall determine seniority for non-career employees. Non-career employees shall bid for vacation on the basis of said seniority.
(3) The final vacation schedule as app roved by the Department Head shall be permanently posted in the employee work area not later than the first Friday of December.
39 (4) Annual vacations applied for other than during the open bid period will be granted with the approval of t he Department Head or designee.
Such request shall not be unreasonably denied.
(5) In no event may a senior empl oyee bump a junior employee from a vacation period after the thirty-one (31) day bidding period has run.
However, employees may trade va cation periods if all trading employees agree. Changes in the vacation schedule may be amended with the approval of the Department Head or authorized representative. (6) An employee who has bid for and scheduled a vacation of forty (40) hours or more shall provide the Department with a minimum two (2) week notice of cancellation if they later decide not to take the time off.
Unless there are operational staffing needs which preclude bidding the time off, the Department shall post the available time for employees to bid consistent with (c)(1) above.
(7) Employees covered by this Ag reement are entit led to schedule accumulated and unused vacation credits in increments of one (1) hour or more.
(8) Recycle and Solid Waste – The use of vacation leave by employees in the classification(s) of Integrat ed Waste Equipment Operator and Senior Integrated Waste Equipment Operator shall be limited per day to a combined total of nine perc ent (9.0%) of authorized budgeted positions; this calculation shal l include seasonal, limited term employees assigned to leaf season pickup. If the number of authorized budgeted positions change, the number of employees allowed off daily will be adjusted to maintain nine percent (9.0%). This calculation shall be rounded to the closest whole number. For example, calculations of .4 and below shall round down and calculations of .5 and above shall round up. Previously approved vacation time will not be cancelled as a result of this adjustment.
The annual bidding shall be by classifi cation seniority in the following order:
1. Senior integrated Wa ste Equipment Operator
2. Integrated Waste Equipment Operator
Written vacation selection proxies are allowed; however, if an employee fails to proxy their sele ction, they shall be skipped and placed at the bottom of their seniority in their classification group. (9) Within ninety (90) calendar days after the adoption of this Agreement by City Council, at the written reques t of the City, th e parties agree to meet and confer on the vacation scheduling process described in
40 subsection 12.2 (d)(8), above. The rights created by this subsection
12.2 (d)(9) shall expire on September 15, 2028, unless an extension is expressly negotiated by the parties.
12.3 SICK LEAVE
a. Accrual
(1) A full-time employee shall accrue sick leave at the rate of four (4) hours on each of the first two (2) paychecks each month which may be used at the discretion of the employee in the event of illness or injury which is not job-related. In accordance with the Rules and Regulations of the Civil Service Board, one-third (1 /3) of the employee’s accrued sick leave may be used after exhaustion of injury-on-duty time; however, the combination of temporary dis ability payments and sick leave pay shall not exceed one hundred percent (100%) of the employee’s regular rate of pay. Such usage shall not exceed the maximum amount of the employee's accumulation. A part-time career or non-career (+1,040) employee shall earn sick leave on a pro rata basis. (2) Employees who have at least fo ur hundred and eighty (480) hours of sick leave on the last day of t he pay period ending on or before November 1 in any calendar year, may make an irrevocable election to forego the accrual of not more than twenty-four (24) hours of sick leave during the following calendar year and receive instead, a cash payment for the number of sick leave hours designated in the election. (3) Notification of the irrevocable el ection must be made in writing to the Payroll Division, Department of Finance, between November 1 and November 30. The payment will be made on the last paycheck in May of the calendar year following the irrevocable election. Payment shall be made at the hourly rate of pay the employee is receiving at the time the payment is made.
(4) If the employee electing the pay ment is separated from City employment before rece iving the payment, the employee forfeits any right to the payment, but will instead have their sick leave balances credited with the sick leave hours the employee would have accrued from the January 1 followin g the date of election to the last day of employment.
b. Sick Leave Cash-Out/Conversion to PERS Service Credit (1) PERS
(a) PERS members hired prior to January 1, 2005, with more than twenty (20) years of City service, shall be eligible to cash out
41 sick leave and/or convert sick leave to PERS service credit upon separation as follows:
(i) Eligible employees may rece ive payment for thirty-three and one-third percent (33-1/3% ) of the total sick leave credits accumulated (to the nearest full day) by the
employee on the date of their retirement, resignation, or layoff.
(ii) Eligible employees with an effective retirement date from PERS within one hundred twenty (120) calendar days of
their separation from City service may also convert any or all of their total sick leave credits accrued, less any payment received pursuant to sub-paragraph (i), above,
to PERS service credit as of t he date of their retirement consistent with and pursuant to the PERS contract with
the City, as amended.
(iii) Individuals identified purs uant to California Government Code Section 53245 as being the person designated on
the employee’s “Designation of Person Authorized to
Receive Warrants,” or in the absence of an identified
person pursuant to California Government Code Section
53245, persons entitled by law to the possession of the estate of a deceased employee who was eligible to cash
out sick leave credits purs uant to sub-paragraph (i),
above, may receive payment for thirty-three and one-
third percent (33-1/3%) of the total sick leave credits accumulated (to the nearest full day) by the employee on the date of the employee’s death.
(b) Employees hired, rehired, or reemployed on or after January 1, 2005, shall not be eligible fo r payment of any portion of accumulated sick leave credits upon retirement, resignation, or layoff regardless of their years of service. However, employees hired, rehired, or reemployed on or after January 1, 2005, may convert their remaining sick leave balance to service credit consistent with law and pursuant to the PERS contract with the City upon separation of employment for retirement.
(c) No employee whose services are terminated by reason of discharge for cause shall be eligible for payment of any portion of accumulated sick leave credits.
42 (2) SCERS
Upon termination of any employee in SCERS eligible to accumulate sick leave credits for reasons of re tirement, resignation, and/or layoff after service for a period of not less than two (2) years, or death, such employee (or those entitled by law to the possession of the estate of a deceased employee) shall receive payment for thirty-three and one- third percent (33-1/3%) of the total sick leave credits accumulated (to the nearest full day) by the employee on the date of such retirement, resignation, layoff, or death. No employee whose services are terminated by reason of discharge for cause, or by reason of resignation or layoff prior to the completion of two (2) years of service, shall be eligible for payment of any portion of accumulated sick leave credits.
c. Reinstatement of Sick Leav e After Return From Layoff Any employee who is laid off and rece ives payment for thirty-three and one- third percent (33-1/3%) of their total accumulated sick leave credits shall be credited with the remaining sixty-six and two-thirds percent (66-2/3%) of their accumulated sick leave credits if and when said employee is recalled. If said employee thereafter leaves City service after being recalled and is entitled to payment of their accumulated sick leav e credits under this Section, said employee shall only receive payment fo r thirty-three and one-third percent (33-1/3%) of those sick leave credits which accrued after the date of recall. d. Utilization of Sick Leave
Use of sick leave is governed by t he Citywide Sick Leave Policy, the Rules and Regulations of the Service Board, Rule 16 and Attachment A to the Rules and Regulations of the Civil Service Board.
e. Administration of Sick Leave
The Rules and Regulations of the Civ il Service Board relating to the administration of sick leave privil eges and benefits and the Citywide Sick Leave Policy shall apply to all eligible employees.
f. Sick Leave Credit Limitation
Except as provided herein, no paym ents made or sick leave credits accumulated shall be constr ued or deemed to constitute retirement benefits payable to employees of the City.
43 g. Sick Leave Verification
Departments shall notify and receive approval from the Citywide Leave Administrator in the Department of Human Resources, Administration Division prior to placing employees on sick leave verification to ensure compliance with appropriate City policies. Employees pl aced on sick leave verification may request to be removed after six (6) months, or earlier based upon appropriate City policy. If it is determined by t he Citywide Leave Administrator in the Department of Human Resources, Administration Division that the employee is in compliance with the policy, the em ployee shall be removed from sick leave verification. If the employee is not in compliance, the employee may request to be removed on a monthly basis thereafter.
12.4 COURT LEAVE
a. When an employee is absent from work to testify in response to a subpoena issued by a court of competent jurisdic tion in a non-work related matter to which the employee is not a party, or to serve on a jury or to report for jury duty examination, the em ployee shall be granted pay for those hours which the employee is absent for such reason. The City may require the employee to elect to be on telephone alert and remain on the job until such time as called to testify or serve jury duty. When an employee is required to be on telephone alert, the employee will cooperate with the court or jury commissioner and the City will be responsible to ensure that the employee is available. Pay for work time lost shall be computed at the employ ee's regular rate of pay at the time of such absence. The employee sha ll return all witness fees or jury remuneration received, less transportation allowance, to the City. b. If a swing shift or graveyard shift employee has served in excess of one-half the scheduled shift in court or on jury duty, the employee will notify the supervisor in advance of the start time so they will be excused from the shift.
If the employee is in court or on jury duty less than one-half of the shift, the employee will be required to work.
c. In lieu of the shift after service on c ourt leave, a graveyard shift employee may request to take off the shift prior to court leave, provided that if the employee serves less than one-half of the shift, they will be required to use vacation or other leave accruals to cover the shift.
d. To receive pay for work time lost , an employee must pr ovide the City with a statement signed by an official of the court certifying the employee's service as a witness or juror or appearance in c ourt for such purposes, the date or dates of attendance, the time released from attendance and the compensation paid exclusive of any transportation and subsistence allowance.
44 e. When a non-career employee is regular ly scheduled to work and is ordered to report to testify or for jury duty said employee shall be entitled to court leave benefits in accordance with the above-stated procedure.
12.5 PARENTAL LEAVE
a. Effective January 12, 1991, the current Pregnancy Disability Leave Policy for female employees shall be replaced by a parental leave policy for both male and female employees with the following provisions:
(1) Full-time career employees shall be eligible for a maximum City-paid parental leave of four (4 ) weeks consisting of up to one hundred-sixty (160) hours of continuous paid time off. Part-time career employees shall be eligible for up to eighty (80) hours of continuous City-paid time off during the four (4) week parental leave. Unused parental leave shall have no cash value. Non-career employees are not eligible for the four (4) weeks of City-paid parental leave.
(2) To be eligible for the paid leave an employee hired on or before June 23, 1995, must have completed at least 2,080 hours of service from the most recent date of hire, or an em ployee hired on or after June 24, 1995, must have completed at leas t 6,240 hours of service from the most recent date of hire, preceding ei ther (a) the birth of a child who resides with the employee and for whom the employee has legal custody, or (b) the adoption of a ch ild under age four (4) who resides with the employee and for whom the employee has physical and legal custody. Court-appointed legal guardi ans and foster parents do not qualify for parental leave.
(3) Eligible employees sh all have the right to only one leave of absence per pregnancy or adoption regardle ss of the number of children involved (e.g., twins). The duration of City-paid leave shall not change based on a change in employment status , such as from part-time to full-time career.
(4) Upon return from parental leave on the date previously authorized, employees shall be reinstated in the former Department and in the classification last held.
(5) Eligible employees sh all have the right to extend parental leave beyond the four (4) weeks of City-paid leave to the maximum six (6) months of leave by adding accrued and available hours of sick leave, vacation, compensatory time off (CTO), accrued holiday, and/or unpaid leave to their initial request for parental leave. The total period of absence from work, including the four (4) weeks of paid parental leave, shall not exceed six (6) months.
45 (6) Paid parental leave shall be co nsidered as time worked for purposes of eligibility for recognized holidays occurring during the leave. b. The City shall have the right to promulgate a policy and procedure to implement and administer parental leave.
12.6 CATASTROPHIC LEAVE PLAN
a. A benefit-qualified employ ee may donate to or receive from an unrepresented employee, or a represented employee whose bargaining agreement provides for such donation or receipt, usable vacation, floating holiday, management leave, or compensating time off hours. Participation in this plan shall be voluntary. Sick leave may not be donated under this plan. b. All donations shall be made and accepted in writing using City-provided forms. c. The donation in any category must be a minimum of eight (8) hours of usable time.
d. Donations shall be on an hour-for-hour basis, regardl ess of the pay rates of the donor and recipient, except hours transferred between employees on the Fire Suppression (56 hours) schedule and the non-Fire Suppression (40 hours) schedule shall be adjusted by a factor of 1.4 to 1. e. Hours to be donated shall be kept in a pledge status until used. As needed, pledged hours shall be debited from the donor's leav e balance and credited to the recipient's usable vacation accrual balance. Once credited, the donation becomes irrevocable. A donor terminating for any reason shall be paid for pledged but unused leave time.
f. Management employees may only re ceive donations from management employees. A non-management employee may not receive donations from a subordinate employee where a direct supervisor/subordinate relationship exists. Any exception to this paragraph must be approved by the City Manager or designee.
g. To be eligible to use donations, an employee must:
(1) be incapacitated and unable to work due to a prolonged catastrophic non-industrial illness or injury which is estimated to last for at least thirty (30) calendar days;
(2) have exhausted all usable ba lances, including sick leave; (3) be on an approved leave of absence.
46 h. All donated hours must be used on a continuous and uninterrupted basis and will be paid at the rate of pay and normal work schedule of the recipient, along with all usable hours accrued, until the earliest of the following events occurs:
(1) All leave balances, including both donated and accrued leave, are exhausted; or
(2) The employee returns to work at their normal work schedule; or (3) The employee's employment terminates.
i. Donations received while a recipient is still utilizing previously donated and related accrued leave time may be us ed immediately thereafter. Hours donated subsequent to exhausting all do nated hours shall be accumulated and utilized along with related accrued leave hours in amounts equal to the recipient's normal bi-weekly work hours.
j. Used donated leave time shall count toward the application of City service and benefits in the same manner as when the employee is on paid vacation leave. k. Used donated leave time shall be subject to the recipient's normal payroll deductions.
12.7 PERSONAL TIME OFF
a. Full-time career employees who have completed ten (10) full years of City service shall be credited with twenty-f our (24) hours of personal time off (PTO). Part-time career employees shall be credited with a prorated amount of time based on their regular schedule. Eligible employees will receive this PTO each year on the paycheck represent ing the first full pay period that includes January 1.
b. Employees who separate service and who are subsequently reemployed, pursuant to Article 15.2(b)(5)(a), into a classification covered by this Agreement, will receive credit toward PTO eligibility for their previous years of City service upon successful completion of probation, on a go-forward basis.
For purposes of determining eligibility to receive PTO, pursuant to this paragraph, an employee must complete probation prior to January 1 of the calendar year in which it is provided.
c. Use of the personal time off shall not cause overtime. d. Personal time off shall not accumulate from year to year and shall have no cash value. If an employee is unable to use all of the time by the end of the calendar year based on operational need, the Department may approve carry- over to the next year. In all other cases, the time shall be forfeited.
47 12.8 FAMILY MEDICAL LEAVE
a. The federal and state m edical leave acts are applic able to career and non- career employees who have completed the required 1,250 hours of employment prior to the time requested. The City uses a rolling period under the Acts, determining eligibility from the last date of FMLA leave, if applicable. b. To apply for a leave the employee mu st complete the City leave request form available from the Depar tment of Human Resource s or the Department support staff. The employee must provide medical verification of the need and the duration or intermittent schedule wh ich is anticipated, to allow for coverage.
c. The duration of FMLA l eave cannot exceed twelve (12) weeks. The employee must use their accrued leave during the FMLA leave, except that they may retain up to forty (40) hours of vaca tion at the time leave without pay commences. The employee may not then resume paid leave until after returning to work.
d. To the extent allowed by law, federal and state FM LA leaves shall be used concurrently.
e. The City policy covering FMLA shall be applicable to all employees and may be obtained from the Department of Human Resources.
12.9 STATE DISABILITY INSURANCE (SDI)
a. Eligible career employees who f ile for SDI benefits in accordance with applicable State of California rules and procedures may integrate such SDI benefits with their own leave balances. In tegration is where the SDI benefit and the monetary value of the employee’s leave balances combine to provide a bi-weekly adjusted net income which is equivalent to 100% of the employee’s regular net income so long as available leave balances and SDI eligibility permits. The regular net inco me is the employee’s gross income, less any required deductions such as taxes, retirement and SDI insurance premiums, as well as any other mandatory deductions. Other employee- authorized deductions shall be deducted from the resultant net pay. b. Eligible career empl oyees may integrate the fo llowing accrued City leave balances with SDI:
(1) Sick Leave
(2) Personal Leave
(3) Compensating Time Off (CTO)
48 (4) Holiday Leave
(5) Vacation Leave
c. Eligible part-time care er employees shall be included in this program on a pro- rata basis.
12.10 BEREAVEMENT LEAVE
An employee may receive up to twenty-f our (24) hours of City-paid leave for bereavement based on the death of the empl oyee‘s spouse, parent, sibling, child, grandchild or grandparent as defined herein. The employee may use sick leave as authorized by Civil Service Board Rule 16, Sick Leave, for additional time off or to attend to other death, bereavement or funeral needs.
12.11 PAID CITY LEAVE (PCL)
a. Employees who are employed in a classification represented by L39A on January 1, 2022, shall receive a one-time leave bank contribution of thirty-five (35) hours of Paid City Leave. This Paid City Leave shall not expire, and shall have no cash value except as follows:
(1) Employees receiving Paid City Leave contribution described in Section
12.12(a) may make an irrevocable election to receive a cash payment in lieu of using the leave. Notifica tion of the election to receive this cash payment must be made to the Payroll Division, Department of Finance, in writing by November 30, 2022. Employees making the irrevocable election shall receive the payment on the paycheck representing the first pay period following their election at the straight time rate of pay they are receiving at the time of payment, less ordinary payroll deductions.
(2) Upon separation from City servic e, employees with a balance of the Paid City Leave described in section 12.12(a) shall receive a payment for the Paid City Leave balance at the straight time rate of pay they are receiving at the time of the payment, less ordinary payroll deductions.
ARTICLE 13 – SPECIAL ALLOWANCES
13.1 TEMPORARY WORK IN A HIGHER CLASSIFICATION
a. Temporary assignments to higher cl assifications shall be permitted only in those classifications where in the judgment of the D epartment Head or designee, it is necessary to mainta in proper and efficient departmental operations. An employee temporarily a ssigned to perform the duties of a higher classification shall be compensat ed for the duration of the out-of-
49 classification assignment by the payment of five percent (5.0%) of the regular salary the employee received prior to t he out-of-classification assignment, or the salary provided for in Step 1, as appl icable, of the higher classification, whichever is greater, but not to exceed top step of the higher classification.
Departments may establish internal tracking and approval systems for out-of- classification pay administration.
b. Temporary work in a higher classifi cation shall first be offered to qualified career employees who volunteer. If no career employee desires the temporary work in a higher classification, management may assign a career or non- career employee.
c. Management will seek to distribute temporary assignments in a higher classification among all qualified employ ees who volunteer, providing that to do so would not cause disruption to the operation.
d. The City recognizes that temporary work in a higher classification shall not be used as a device for circumventing career civil service positions.
13.2 TUITION REIMBURSEMENT
The City agrees to reimburse career employ ees for the cost of tuition, books, and fees, excluding parking, up to a maximum of $1,500.00 per calendar year pursuant to the City's existing policy for such educat ion reimbursement. This provision shall not apply to employees eligible for an educational incentive program.
In addition, the Department may authorize tuition reimbursement for training through other approved sources.
13.3 FORENSIC IDENTIFICATION CERTIFICATION PAY
a. Career employees in the classifications of Forensic Investigator I and II who receive certification by the I.A.I. (International Association for Identification) as a Certified Forensic Artist shall receive five percent (5.0%) of their base rate of pay for Forensic Artist Certification Pay.
b. Career employees in t he classifications of Forensic Investigator II and Lead Forensic Investigator shall receive fi fteen percent (15.0%) of their base rate of pay for incentive compensation calculated upon the base salary for possessing a Latent Print Examiner Certificate. The I.A.I. standards currently in effect or any revised standards sha ll apply to the Lat ent Print Examiner Certificate. The incentive rate is set forth in the current salary schedule. c. Career employees in the classifications of Forensic Investigator I, II, and Lead Forensic Investigator shall receive a five percent (5.0%) of their base rate of pay for incentive compensation ca lculated upon the base salary for
50 possessing a Bachelor's Degree from an accredited college or university. The incentive rates are set forth in the current salary schedule. d. In order to be eligible for the In centive Compensation Program, eligible employees who possess the Latent Prin t Examiner Certificate and/or the Bachelor's Degree must place it on file with the Police Department for verification and processing of the inc entive compensation to be effective in the next bi-weekly pay period.
13.4 IRRIGATION SPECIALIST PAY
A Park Maintenance Worker II shall receive five percent (5.0%) of their base rate of pay when assigned in writing to perform the Irrigation Specialist duties including, but not limited to, installation and repair of irrigation systems and related "non-energized" equipment.
13.5 SPRAY CREW INCENTIVE
a. Employees in the classifications of Park Maintenance Worker I and Park Maintenance Worker II who are regul arly assigned as members of the pesticide/herbicide spray crew and who possess a valid Qualified Application Certificate in the Right of Way, Landscape Maintenance, or Aquatic category shall receive an additional five percent (5.0%) of their base rate of pay during each full pay period when so assigned.
b. The Certificate is subject to renew al bi-annually. Any fees or other costs related to obtaining or renewing the Ce rtificate are at employee expense.
Training or examination time spent in obtaining the Certificate shall either be during non-working hours or while on approved personal leave, including vacation, CTO, or holiday time.
c. The incentive is payable only during those pay periods when a current valid certificate is on file in the Department of Y outh, Parks & Community Enrichment during the entire pay period.
13.6 PLAYGROUND INSPECTOR INCENTIVE
a. Employees in the classifications of Park Maintenance Worker II or Park Maintenance Worker III who are regularly assigned playground inspector duties and who possess a valid Certified Playground Safety Inspector (CPSI) Certificate shall receive an additional five percent (5.0%) of their base rate of pay during each full pay period when so assigned.
b. Any fees or other costs related to obt aining or renewing the Certificate are at employee expense. Training or exami nation time spent in obtaining the Certificate shall either be during non-working hours or while on approved personal leave, including vacation, CTO, or holiday time.
51 c. The incentive is payable only during those pay periods when a current valid certificate is on file in the Department of Y outh, Parks & Community Enrichment during the entire pay period.
13.7 WATER TREATMENT CERTIFICATION
Employees in the Department of Utilities in the classificati ons of Instrument Technician Trainee, Instrument Technician I, Instrument Technician II, and Process Control System Specialist shall receive a one hundred twenty-fi ve ($125.00) dollar per month incentive for maintaining a vali d Water Treatment Grade 2 (T-2 water) certification or higher. The employee will begin receiving the incentive within thirty (30) days after providing a valid copy of their T-2 water certification to the Department. The City will pay t he cost of certification for an employee to receive a T-2 water certification.
13.8 MAINTENANCE WORKER ASSIGNMENTS IN SOLID WASTE
Employees in the classifications of Ma intenance Worker and Senior Maintenance Worker shall receive assignment pay of five percent (5.0%) of their base rate of pay when assigned to work in Recycling and Solid Waste.
13.9 CONTINUING EDUCATION
When the City requires that an employee maintain a lic ense or certificate which mandates continuing education uni ts (CEUs) to maintain t he license or certificate, the employee shall be responsible for obt aining the CEUs. Where feasible, the City will provide the needed CEUs on-duty.
When the City provides such training, CEU credit not received through the City shall be the responsibility of the employee. When the City does not provide required CEU training, the employee may request t hat the Department approve and pay for the training and allow the employee to attend on City time. Such request shall not be unreasonably denied.
13.10 REQUIRED LICENSES AND CERTIFICATIONS
a. An employee who is required to main tain, or who obtains for City benefit, a crane or boom operator licens e, a notary registration, or a WC ISA certified tree worker or certified arborist shall re ceive a bi-weekly certification pay of fifteen dollars ($15.00).
b. Building Inspector Certificate Pay
(1) Employees in the classifications of Building Inspector 1, 2, 3, 4, and Development Services Technician I, II, III will receive a monthly certificate pay for the possession of one or more of the certificates listed below:
52 (a) ICC Commercial Building Inspector or NFPA
Certified Building Inspector or Building Inspector (Combination Inspector)
(b) ICC Commercial Electrical Inspector or NFPA
Certified Electrical Inspector-Master or Electrical Inspector (Combination Inspector)
(c) ICC Commercial Plumbing Inspector or IAPMO
Plumbing Inspector or Plumbi ng Inspector (Combination
Inspector)
(d) ICC Permit Technician
(e) ICC Accessibility Inspector/Plans Examiner
(f) ICC Residential Combination Inspector
(g) ICC Building Plans Examiner or NFPA Certified Building Plans Examiner
(h) ICC Fire Inspector I & II or NF PA Certified Fire Inspector I & II or NFPA Certified Fire Protection Specialist
(i) AACE Housing and Property Ma intenance Inspector or ICC Property Maintenance and Housing Inspector
(j) PC 832, Arrest Search and Seizure
(k) CACE Code Enforcement Officer
(l) ICC Zoning Inspector or AACE Zoning Officer
(m) ICC Commercial Energy Inspector
(n) ICC Commercial Energy Plans Examiner
(o) ICC Residential Energy Inspector/Plans Examiner
(p) ICC Structural Masonry Inspector
(q) ICC Steel and Welding Special Inspector
(r) ICC Pre-stressed Concrete Special Inspector
53 (s) ICC Certified Building Official
(t) AA degree in Building Inspector Technology
(u) ICC Commercial Mechanical Inspector or
IAPMO Mechanical Inspector or
ICC Mechanical Inspector
(v) ICC Housing Code Official or
AACE Code Enforcement Administrator
(w) ICC Property Maintenance and Housing Inspector
(x) ICC Electrical Plans Examiner
(y) ICC Plumbing Plans Examiner
(z) ICC Building Code Official
(aa) ICC Electrical Code Official
(bb) ICC Mechanical Code Official
(cc) ICC Plumbing Code Official
(dd) ICC Master Code Professional
(ee) ICC Reinforced Concrete Special Inspector
(ff) NFPA Certified Fi re Plan Examiner I
(gg) Construction Technology Cert ificate from an accredited College (minimum of 30 Units of Construction Technology curriculum) (2) Employees shall receive thirty dollars ($30.00) per month for each certificate they possess up to a maximum of $300.00 for ten (10) certificates.
c. Code Enforcement Certificate Pay
(1) Employees in the classification of Code Enforcement Officer who are required to maintain, or who obtai n for City benefit, shall receive a monthly certificate pay for the possession of one or more of the certificates listed below:
54 (a) ICC Zoning Inspector or AACE
(b) ICC Property Maintenance & Housing Inspector or AACE (c) Public Health Vector Control Certification
(2) Employees shall receive thirty dolla rs ($30.00) for each certificate they possess up to a maximum of ninet y dollars ($90.00) per month for possession of a maximum of three (3) certifications.
Where the City requires that empl oyees maintain licenses and/or certifications, the Department H ead or designee may consider, on a classification-by-classification basis, reimbursing employees for costs associated with the renewal of such licenses and/or certifications. This Section shall not apply to driver licenses.
d. Within ninety (90) calendar days of adoption of this Agreement by the City Council, at the written reques t of either party, the par ties agree to meet and discuss implementation issues related to certification pay under subsection
13.10, including clarification of em ployee submission requirements and documentation standards. The purpose of such discussions shall be to ensure consistent administration of this s ubsection and to explore resolution of identified disputes. Absent mutual agr eement, the status quo shall continue.
The rights created by this subsection 13.10 (d) shall expire on September 15, 2028, unless expressly renegotiated by the parties.
13.11 BILINGUAL PAY
a. The City may authorize bilingual pay w hen it is determined to be necessary for the operation. The City shall determine what languages are appropriate for such pay and the number of employees to be certified. To be eligible for bilingual pay the employee must be determined to be verbally proficient, and if necessary for the assignment, profic ient in the written language. The City will arrange the certificat ion and testing process and authorize the bilingual pay.
b. Bilingual pay shall be paid at two percent (2%) of the employee’s base rate of pay for any pay period in which the empl oyee is certified. This incentive is additive and does not compound with any other incentive. An employee who is receiving bilingual pay may be requi red to provide assistance to any City operation. Bilingual pay shall be paid at the rate of twenty dollars ($20.00) bi- weekly for any pay period in which the employee is certified. An employee who is receiving bilingual pay may be r equired to provide assistance to any City operation.
55 13.12 TRAVEL FOR TRAINING
When an employee is required to attend traini ng that necessitates travel outside of the City of Sacramento metropolitan area, the employee may claim travel time while driving to and from the training. Travel on public transportation may be accomplished during the work shift but is not overtime if it continues beyond the shift. Overnight stays for training out of t he area are paid for based on an ei ght (8) or ten (10) hour day as applicable, and shall not generally result in overtime.
13.13 POLICE RECORDS SPECI ALIST & EVIDENCE AND PROPERTY TECHNICIAN
EDUCATION INCENTIVE
a. A Police Records Speciali st I/II/III or Senior/Evidence and Property Technician with a bachelor’s degree (BA or BS) or higher from an accr edited college or university, shall receive an educational incentive of five percent (5.0%) above base salary.
b. A Police Records Speciali st I/II/III or Senior/Evidence and Property Technician with an associate’s degree (AA or AS) from an accredited college or university, shall receive an educational incentive of two and one-half percent (2.5%) above base salary.
c. An employee is eligible to only one (1) of the above educational incentives. d. Incentives are additive and do not co mpound with any other pay or benefit. e. The incentive shall be effective in t he pay period following presentation of the certificate of degree from the institution to the Personnel Services Division of the Police Department.
13.14 ARMORER CERTIFICATION PAY
a. Career employees in the classificati ons of Evidence and Property Technician and Senior Evidence and Property Technician who perform the full-time duties of an armorer shall receive ten percent (10.0%) of their base rate of pay Armorer Certification Pay.
b. Career employees in the classificati ons of Evidence and Property Technician and Senior Evidence and Property Techni cian who perform the duties of a relief armorer shall receive five percent (5.0%) of their base rate of pay Armorer Certification Pay.
13.15 CERTIFIED ACCESS SPECIALIST (CASp) CERTIFICATION PAY a. The City shall determine the number of employees authorized to receive CASp certification pay.
56 b. Authorized employees in the classificati ons of Building Inspector II, III, and IV; and Plans Examiner II and III who obtai n (CASp) certification from the California Division of the State Architec t shall be paid five percent (5.0%) of their base rate of pay for such certification. This incentive is additive and does not compound with any other incentive.
c. Authorized employees who obtain CASp certificat ion will be reimbursed for the receipted pre-approved costs and f ees associated with obtaining and maintaining the certification. Authorized training for this certification shall be on City-time.
13.16 DRONE CERTIFICATION PAY
a. The City shall determine the number of employees aut horized to be drone certified.
b. Authorized employees in the classifica tions of Building Inspector I, II, III, and IV who obtain certification to operat e drones from the Federal Aviation Administration (FAA) shall receive fifteen dollars ($15.00) per pay period for Drone Certification Pay.
c. Employees who receive prior author ization from their supervisor will be reimbursed for the cost of obtaining and maintaining the FAA certification. d. Certification coursework shall be on paid City time with prior authorization. e. This incentive is additive and does not compound with any other incentive.
13.17 INSTRUMENT TECHNICIAN INCENTIVE PAY
a. Career employees in the classificati ons of Instrument Technician I and II who obtain/maintain the California Wate r Environment Association (CWEA) certification of Electrical/Instrumentation Technologist shall receive incentive pay as follows:
Grade 2: $25.00 per month
Grade 3: $50.00 per month
The employee will begin receiving the in centive within thirty (30) days after providing a valid copy of their certificate.
b. This incentive is additive and does not compound with any other incentive.
13.18 SUTTER’S LANDING LANDFILL MAINTENANCE DUTIES
Integrated Waste Equipment Operators who: (1) possess a valid California Class B Commercial Driver’s License with a Tank Vehicle Endorsement; and (2) are assigned
57 to perform landfill maintenance duties at Sutter’s Landing, shall receive an assignment pay of five percent (5%) of their base rate of pay on an hour-for-hour basis only for hours actually worked performing landfill maintenance work at Sutter’s Landing. This incentive is additive and does not compound with any other incentive.
ARTICLE 14 – TRANSPORTATION
14.1 GENERAL
It is the understanding of the parties that the City retains the right to eliminate, at any time, the overnight retention of City vehicles for employees in the Units represented by the Union upon fifteen (15) days’ notice to the employee.
14.2 MILEAGE REIMBURSEMENT A ND MONTHLY VEHICLE ALLOWANCE a. The City has the right to offer one of the following mileage reimbursements to individual employees who use their personal vehicles for City business:
(1) The Internal Revenue Service (IRS ) rate established by the City for general mileage reimbursement; or
(2) Monthly vehicle allowance at one of the following rates:
Average Miles
Per Month
Monthly Vehicle
Allowance
400 $160
200 $100
100 $50
b. If a personal vehicle was not a conditi on of employment, individual employees have the right to refuse to use their personal vehicles for City business.
14.3 TRANSPORTATION
a. Sacramento Regional Transit District (SRTD)
Full-time career employees who utiliz e the Sacramento Regional Transit District (SRTD) for home-to-work trans portation are eligible for an eighty percent (80%) price discount on an SR TD monthly pass. Part-time career employees shall be eligible for a fi fty percent (50%) price discount. The employee must notify the Department of Finance, Revenue Division on or before the fifth day of t he month to obtain the mont hly pass discount for that month.
58 b. Other Bus Transportation
Eligible full-time career employees as described above, who regularly utilize other bus or mass transportation services regulated by the Public Utilities Commission (i.e. buses, vanpools, ra il) for home-to-work commuting are eligible for up to eighty percent (80%) of the cost of the monthly pass. Eligible part-time employees, as described above, s hall be eligible for a fifty percent (50%) monthly reimbursement. The employee must pres ent the required proof of purchase to the Department of Finance, Revenue Division by the fifth day of the month to obtain reimbur sement. The amount of monthly reimbursement shall not exceed one hundred twenty dollars ($120). c. Downtown Parking Subsidy
The City shall provide a ninety dollar ($90) per month parking subsidy to eligible career employees who are regularly assigned to work in the downtown area. The subsidy will be included in the employee’s bi-weekly paycheck, subject to applicable state and federal taxes.
14.4 COMMERCIAL DRIVER LI CENSE REQUIREMENTS
a. In those classifications which require a commercial driver license, employees hired on or after October 20, 1990, shall be required to possess the appropriate valid commercial California driver license and endorsements as a condition of continued employment.
b. An employee who was hired prior to Oc tober 20, 1990, who is unable to qualify for the required commercial license with endorsements but is able to maintain a Class "C" license shall be transferred to an alternate assignment and shall have their salary reduced by 2.5% until such time as they obtain the required license with endorsements. Such reassignm ent and reduction in salary shall not be subject to the grievance procedure nor be disciplinary action as defined by Rule 12 of the Rule s and Regulations of the Civ il Service Board. In the event the employee obtai ns the required license with endorsements, such employee shall be transferred back to th eir previous assignment and shall have their salary restored to the same step in the salary range that they occupied prior to the transfer and salary reduction.
c. An employee who is unable to qualify for the required commercial license for medical reasons, but is able to mainta in a Class "C" license, shall not have their salary reduced by 2.5%. The Cit y shall attempt to make reasonable accommodation for such employee.
d. If there are insufficient number of volunteers for positions which have a mandatory/some assignments driver lic ense requirement, the City shall assign qualified employees by inverse or der of seniority. The City reserves the right to assign employees where there are more volunteers than positions.
59 14.5 DISCOUNTED PARKING RATES
Discounted parking will be available to employees, on a first-come, first-serve basis, for parking spaces in the Memorial Garage, located at 14th and H Streets, at seventy percent (70%) of the regular monthly Memorial Garage rate. This means that the employee discounted rate is thirty percent (30%) off the full monthly rate. This provision will remain in effect until further notice by the City.
ARTICLE 15 – LAYOFF
15.1 PURPOSE
This Article provides the procedure to be followed when an employee is to be displaced/laid off from their position.
15.2 DEFINITIONS
a. Layoff: A layoff shall be defined as the di smissal or displacement of at least one employee due to lack of work, lack of funds, abolishment of position, or for other reasons not reflecting discredit on an employee. b. Seniority
(1) Classification Seniorit y: Classification seniority shall be defined as the effective date of probationary appoi ntment to the employee's present job classification including any time spent in a higher job classification, but less any time spent in a lower job classification due to a downgrade.
The term higher classification shall mean a job classification in which the top rate of pay is greater than the top rate of pay of the employee's present job classification. For any employee who has not served a probationary period in their present job classification, or any employee whose position has been reallocated in accord with the Rules and Regulations of the Civil Service Board, classification seniority shall be mutually established by the City and Union.
For those classifications which have flexible staffing as defined in the Rules and Regulations of the Civil Service Board and provided for in the classification specifications, classification seniority shall be defined as the effective date of probati onary appointment to the lowest classification in the classificati on series. For an employee who has downgraded, computation of classi fication seniority for a job classification lower than that in which the employee holds permanent status, the following seniority shall be counted:
(a) classification seniority in any higher classification, and
60 (b) previous classification seniorit y in the job classification in which the employee is currently working, and
(c) present time spent in the job classification in which the employee is currently working.
For a part-time career employee, cl assification seniority shall be prorated.
(2) City Service Seniority: City serv ice seniority shall be defined as the effective date of appointment to the employee's first permanent career position, or as the effective date of appointment to the employee's first full-time position (or positions) which immediately preceded an appointment to a permanent career position, whichever is greater.
For a part-time career employee, City seniority shall be prorated. (3) Hire Date Seniority: Hire date s eniority shall be defined as the employee's first date of hire to any position with the City. (4) Seniority Adjustments: Classifi cation seniority and City service seniority shall be adjusted (reduced) in calendar days to reflect time spent on layoff from City service. There shall be no adjustment for time spent on an approved unpaid leave of absence.
(5) Termination of Seniority: Termination of classification seniority and City service seniority shall occur upon:
(a) Resignation, except that any employee who is appointed from a reemployment list and completes a probationary period, if any, in the position to which they were reemployed may count the seniority which they accumulated prior to resignation.
(b) Discharge.
(c) Retirement.
(d) Layoff in excess of five (5) consecutive years out of the City service.
(e) Failure to comply, report, or respond to a recall notice within fourteen (14) calendar days from the date of postmark on the recall notice.
c. Downgrade A downgrade s hall be defined as a change in job classification to which the top rate of pay is the same or less than the top rate of pay of the employee's present classification, due to a layoff. A downgrade shall only be
61 allowed to the appropriate classificati on within the employee's regression ladder, except as provided in Section 15.3(b)(4) of this Article. d. Regression Ladder A regression ladder sh all be defined as a classification series through which an employee may downgrade. The regression ladders are as set forth in Exhibit A to this Agreement.
e. Permanent Status For the purposes of this layoff procedure, permanent status is attained in a job classifica tion when an employee has successfully completed their probationary period in that job classification. An employee in an exempt classification represented by the Union shall be considered a permanent employee under this Article.
f. Leave of Absence Employees on an approved unpaid leave of absence shall accrue seniority.
g. Department The application of the te rm "department" for the sole purpose of layoff and/or downgrade of career employees shall mean:
(1) The Department of Public Wo rks shall be considered a single department.
(2) The Department of Utilities s hall be considered a single department. (3) The Departments of Youth, Parks & Community Enrichment; Community Development; Economic Development; and Convention and Cultural Services, shall be considered a single department. (4) The Departments of Police, Fire, Information Technology, Finance, and Human Resources shall be considered a single department. (5) The Charter Offices of the City A ttorney, City Auditor, City Clerk, City Manager and City Treasurer shall each be considered a single, separate department.
A function that is assigned to work in a different department as part of an inter- departmental project, but continues to be funded from the orig inal department (op- conned), remains a part of the original department for the purpose of layoff.
Any future departmental reorganization shall be effective for purposes of layoff only after one year from implementat ion. At the request of the Union, the City agrees to discuss such reorganization at the time of implementation to review the placement of the reorganized function, and the application and impact of this Section, if any.
62 15.3 PROCEDURE
a. Non-Career Employees
(1) When a layoff is to occur within a job classification within a Department, all non-career employees in the r egression ladder in which that job classification is found shall be laid of f first, except in the Solid Waste and Parking functions. In these f unctions, the City may continue working non-career Parking Lot A ttendants and up to twenty-five (25) non-career Integrated Waste Equipm ent Operators regardless of any career employees who may be laid off in the regression ladder in which these job classifications fall. Ca reer Integrated Waste Equipment Operators subject to layoff shall hav e the right to bump into the non- career classifications.
(2) Non-career employees shall be laid off in the order provided by established Department procedures. If such procedures have not been established on the effective date of this Agreement, non-career employees shall be laid off in such order as the Department Head shall provide. In no event shall a career employee suffer a layoff until all non- career employees in the affected regression ladder in the Department have been laid off.
b. Career Employees
(1) Within each job classification in each department in which a layoff occurs, employees shall be laid o ff in the following order: first, all provisional employees; second, a ll probationary employees in the order of their classification seniority; and, third, permanent employees in the order of their classification seniority, beginning with the employee with the least such seniority.
(2) Any provisional or probationary empl oyee who is affected by a layoff or displaced by a downgrading employ ee shall return to the last Department and job classification in which the employee holds permanent status, if any. If the employee does not hold permanent status in another job classification , they shall be laid off; the name of such employee may be restored to an eligible list in accordance with applicable Civil Service Board Rules and Regulations. If the employee does hold permanent status in another job classification, they shall then be treated as a permanent employee in that job classification with respect to any layoff in that job classification.
(3) Any permanent employee who is to be laid off or displaced shall have the right to downgrade, within the Department, in descending order, to job classifications within their r egression ladder, provided that the employee meets the qualifications of the lower classification. If there
63 are any provisional employees in such lower classification, the provisional employee with the least City service seniority shall be displaced first. If there are no pr ovisional employees in the lower classification, the probationary employee with the least City service seniority shall be displaced. If there are neither provisional nor probationary employees in the lower classification, the permanent employee with the least City servic e seniority shall be displaced, provided that the dow ngrading employee has greater City service seniority. If the permanent employee is unable to downgrade to any job classification within the appropriate regression ladder, they shall be laid off.
(4) A career employee in a classification contained in classification group 47 who is to be laid off, displaced, or demoted shall have the right to downgrade, within the Department and in descending order, to represented classifications in whic h the employee previously held permanent status provided a vacancy exists.
(5) Any permanent employee currently working in a classification contained within classification gr oup 46 shall have the right to downgrade, in the same manner as pr ovided in Section 15.3(b)(3), to the last classification in which permanent status was held, if any, provided such classification is cont ained within regre ssion ladder 1 through 45, or classification group 46. If such a downgrade is not possible, the employee shall be laid off. If such a downgrade is possible, the employee shall then in the future have the right to downgrade through that new regression ladder only.
(6) An employee may accept layoff in lieu of the opportunity to downgrade by notifying Labor Relations within fi ve (5) working days of receiving notice of layoff. Where the employ ee accepts a layoff in lieu of a downgrade, said employees shall forf eit all recall rights except to a vacancy within the same classifi cation from which the employee was laid off.
(7) If two (2) or more employees hav e an equal amount of classification seniority, the senior employee shall be determined on the basis of greater City service seniority. If tw o (2) or more employees have an equal amount of City serv ice seniority, the seni or employee shall be determined on the basis of greater hi re date seniority, or by lowest random number in the event of a tie.
(8) The application of this procedur e is not intended to extend job assignment, work organization, or departmental preference to any employee affected by a layoff.
64 c. Notice of Layoff
In the event of a layoff, the City shall send by certified mail a layoff notice to all affected employee(s). Such notice s hall be postmarked at least thirty (30) calendar days in advance of the effect ive date of layoff. Such layoff notice shall be mailed to the employee's addre ss in the City’s payroll system, and shall be deemed appropriate notice. T he employee(s) who is on a paid or unpaid leave shall be affected by the layoff in accordance with the provisions of this Article in the same manner as all other employees.
15.4 SALARY IN EVENT OF DOWNGRADE
a. An employee who is downgraded through a regression ladder pursuant to this Article shall be paid in the new classifi cation the salary range step closest to the monthly pay rate received immediately prior to downgrade providing there is no increase in pay.
b. If appointed in the lower classification at other than top step, future salary step adjustment shall be made in accordanc e with Section 7.2 "Advancement in Rate of Compensation" with time served in the classification from which the downgrade occurred counting toward salary step advancement. c. Upon subsequent recall through a regre ssion ladder the employee shall not receive in the next higher classificati on less than that re ceived in the lower classification, provided however, t hat upon subsequent placement in the classification from which the em ployee was downgraded, salary step placement shall be at the salary step previously held. If, however, said salary step is less than that received in the classification to which the employee was downgraded, salary step placement sha ll be at the salary step immediately higher. The anniversary date for future in-grade salary adjustments shall be the date of recall to the permanent classification.
d. Salary as referred to in this Arti cle shall be the monthly salary range and respective salary step for the affected classification as identified in the current salary schedule.
15.5 FRINGE BENEFITS
a. Upon layoff, employees shall be paid for accrued leave balances that have a cash value at separation, including, but not limited to, vacation, sick, holiday, longevity, and similar benefits per this Agreement, applicable ordinance and rules. Employees who are subsequently being recalled and who were eligible for sick leave cashout at the time of separation shall have the any uncompensated portion of their sick leave balance restored in accordance with this Agreement, applic able ordinances and rules . However, if eligible, oOnly those sick leave hours accrued after recall shall be applied toward any subsequent future sick leave payoff, if eligible.
65 b. Employees and their eligible dependent(s) enrolled in City insurance programs may continue elected coverage limited to the City's medical, dental, or vision, and life insurance plans coverage for a period up to six (6) months or at the time of layoff may continue their coverage for the period of time permitted by the Consolidated Omnibus Budget Reconciliation Act (COBRA)., whichever is greater, by advanced personal remittance for each month's premium for the cost of such coverage, at the time of layoff.The employee and any enrolled dependent(s) will be responsible for the full cost of the monthly premiums for COBRA continuation coverage. Payment for COBRA premiums shall be made by the payment deadline specified on the invoice issued by the health carrier or the City.
c. Assistance with enrollment of COBRA coverage or information on eligibility for City retiree health benefits this insurance option, unemployment benefits, and the availability of retirement benefits or refunds as governed by the City Charter will be provided by the Benefit s Services Division, Department of Human Resources, at theupon request of laid-off employees.
15.6 RECALL
a. When a vacancy occurs in a job cl assification, the laid-off or downgraded employee(s) eligible to return to that job classification shall be recalled in the order of City service seniority, beginning with the employee with the greatest City service seniority. When a recall list exists and an employee is on a reinstatement list due to a medical leav e of absence, such employee will be merged with employees on the establis hed layoff eligibility list based on seniority. Permanent employees who were laid off or downgraded are eligible to return to the job classification in which permanent status is held within their regression ladder, or to lower classi fications within the same regression ladder, but shall have no recall rights to any job classification in which provisional status was held at the ti me of layoff or downgrade. Permanent employees who held probati onary status in another job classification on the date of layoff shall be eligible to return to the job classification in which probationary status was held for a period of five (5) years from the date of layoff; but upon such return must serve the complete probationary period for such job classification.
b. Career employees shall be entitled to recall rights for a period of five (5) consecutive years from the effective date of layoff or downgrade. The effective date of layoff shall be the employee's last day of work. The effective date of downgrade shall be the employee's last day of work in the classification from which they downgraded. If, however, a permanent employee has been recalled or downgraded but has not been recalled to the classification in which permanent status is held within the five (5) year period, said employee shall continue to possess recall rights back to the classification in which permanent status is held, and to any other classifications in t he employee's regression
66 ladder which are lower than the classifi cation in which permanent status is held and higher than the classification in which the employee was working at the expiration of the five (5) year peri od. If said employee is recalled to a classification higher in their regression ladder than the employee was working at the expiration of the five (5) year period, the employee shall serve the complete probationary period in such hi gher classification. If said employee fails to satisfactorily complete the probationary period they shall return to the next highest classification in the app licable regression ladder in which a vacancy exists and shall gain permanent st atus in such classification. In no event shall the employee be required to re turn to a classification lower than that from which they left to take the probationary appointment. Said employee shall then continue to possess recall rights to any higher classification in their regression ladder which is lower than the classification in which the employee failed to complete the probationary period but higher than the classification to which the employee returned after failing pr obation, subject to all provisions stated above.
c. When a vacancy exists and employees are to be recalled, notice of the opening(s) shall be sent to the mailing address as shown on the employee's last paycheck unless a more recent address has been furnished by the laid off/downgraded employee. To expedite recall, more than one employee may be notified of an opening. This recall notice shall be by certified mail and the employee shall have fourteen (14) calendar days to re port to work from the date of postmark on the recall notice. If sa id employee fails to report to work within fourteen (14) calendar days, they will lose all recall rights. An employee who has been laid off or downgraded shal l be required to meet the physical and other minimum qualificatio ns of the classificati on to which they are recalled. Any additional qualifications established during said employee's layoff shall be waived with regard to an employee holding recall rights to that job classification except as required by law. An employee who accepts recall shall receive all seniority to which they are entitled under Section 15.2(b) of this Article.
d. A non-career employee (+ 1,040) laid off pursuant to Section 15.3(a)(1) shall have recall rights back to the job classifi cation from which they were laid off for a period of two (2) years. The or der of recall shall be as provided in established department procedures. If such procedures have not been established on the effective date of this Agreement, non-career employees shall be recalled in such order as det ermined by the Department Head. No such non-career employees shall be hired or recalled to any regression ladder until such time as all career employees have exhausted or lost their recall rights back to that regression ladder. Non-career (-1,040) employees shall have no recall rights.
e. Career employees holding recall ri ghts may be offered a non-career job of less than 1,040 hours annually, and if said career employee accepts or
67 refuses such non-career jobs of less than 1,040 hours it shall have no effect on said career employee's normal recall rights.
15.7 GENERAL
a. A seniority list shall be made available to the Union on the first working day in September of each year, and after review with the Union, said list shall be posted by each Department and copies made available for ready inspection.
A copy shall be furnished free of cost to the Union each September. b. The City shall immediately after effect ing a layoff provide the Union a list of those employees who have been laid off. Said list shall be known as a Recall List and shall be updated as necessary.
c. The City or the Union shall have the right , at any time during the term of this Agreement, to initiate discussions between the parties as to possible alternatives to layoff. The City, howev er, retains the right to proceed with layoffs according to the procedures set forth in this Agreement at any time including, but not limited to that time, if any, during which an impasse on layoff alternatives is being resolved.
d. Any grievance filed regardi ng this Article shall be submitted directly to the third step of the grievance procedure as set forth in Article 5.
ARTICLE 16 – WORK SHARING PROGRAM
16.1 WORK SHARING PROGRAM
The City may establish a work sharing program in accordance with the provisions of this Article.
a. The City will decide the classification and positions which are feasible for a work sharing program. The Union wi ll have the opportunity to make suggestions.
b. The program is voluntary.
c. Two (2) employees in the same cla ssification who voluntarily agree shall equally share work hours of one full-time position in a bi-weekly pay period.
The program is limited to full-time pe rmanent civil service employees in the same classification and same work unit, except the City may hire a part-time employee to implement or continue the work sharing arrangement in those cases where only one full-time permanent civil service employee voluntarily agrees.
68 d. Participating employees will receive pr o rata benefits, including pro rata City insurance contribution and retirement, and pro rata seniority accrual. e. A work sharing arrangement may be termi nated by the City or by either of the two (2) employees upon submission of written notice to the other parties.
Upon receipt of the written notice, the work sharing arrangement will be terminated on a date mutually accept able to the City and the two (2) employees or thirty (30) calendar days from the date of written notice, whichever occurs first. This option sha ll apply for the first nine (9) months of the work sharing arrangement. Thereafte r, the City may terminate the work sharing arrangement at its discretion.
f. Classification seniority shall prevail, if necessary, upon return to a full-time position or in the event of layoff.
g. The Union District Repres entative or designee shall have the opportunity to attend the meeting between the City and the two employees at the time the decision is to be made on the work sharing arrangement. h. The parties agree that the work shar ing plan will be reviewed after a two (2) year trial period at which time either party may terminate the plan by serving written notice on the other party within thirty (30) calendar days of the review date.
ARTICLE 17 – UNIFORMS AND COVERALLS
17.1 UNIFORMS
a. City-Provided Uniforms
(1) The City agrees to provide uniform s for employees who are required to wear uniforms.
(2) All employees covered by this Agreement and occupying classifications in the Operations and Maintenance Unit as otherwise defined herein and required by the City to wear a uniform shall have a clean uniform provided five days a w eek (5-5-1), at no cost to the employee, with the exception of For ensic Investigators. Additionally, employees assigned to Solid Waste in the classifications of Integrated Waste Equipment Operator and Seni or Integrated Waste Equipment Operator, at the employee’s option, shall receive five (5) coveralls. (3) The value of uniforms provided by the City shall be reported as compensation at the rate of five dollars ($5.00) bi-weekly to the Public Employees Retirement System (PERS).
69 (4) All employees who are provided with a uniform shall meet Department dress and grooming standards and adhere to the uniform policy of the division and/or Department.
b. Solid Waste Gloves
Employees in the Solid Waste Division who wear gloves as part of their duties shall be permitted not more than six (6) pairs per fiscal year. Two (2) pairs of rubber gloves, as needed, shall be provided but will be included in the six (6) pair yearly maximum.
c. Uniform Allowance
(1) New employees hired into classifi cations for which the City requires a uniform which the employee must pr ovide, shall receive an initial allowance of two hundred fifty dollars ($250) for the purchase of the necessary uniform, including but not limited to requisite footwear. (2) Thereafter, employees shall receive a uniform allowance of twenty dollars ($20) bi-weekly for uniform maintenance and replacement, except Assistant Code Enforcement Officers who shall receive twenty- two dollars ($22) bi-weekly.
(3) All employees who receive a unif orm allowance shall meet Department dress and grooming standards and adhere to the uniform policy of the division and/or Department.
17.2 COVERALLS
Employees in the classifications of Building Inspector I, II, III and IV shall be supplied with one pair of coveralls. Employees shall be responsible for the laundry, maintenance, and repair of such coveralls. Replacement of unserviceable coveralls shall be the responsibility of the City.
17.3 FOUL WEATHER GEAR
a. Employees in the classification of An imal Control Officer shall be supplied with one foul weather jacket.
b. Employees in the following classifi cations whose duties and responsibilities include working outside dur ing inclement weather shall be provided an inclement weather jacket:
(1) Park Maintenance Worker I/II/III
(2) Senior/Tree Pruner I/II
70 (3) Senior/Tree Maintenance Worker
(4) Traffic Control and Lighting Technician I/II
(5) Code Enforcement Officer
(6) Survey Technician I/II and Survey Party Chief
(7) Water Quality Lab Technician assigned to field testing (8) Animal Care Technician
(9) Parking Meter Coin Collector
(10) Traffic Investigator I/II/III
(11) Arborist/Urban Forester
(12) Building Inspector 1/2/3/4
(13) Senior/Building Maintenance Worker
(14) Construction Inspector I/II/III
(15) Senior/Electronic Maintenance Technician I/II
(16) Instrument Technician I/II
(17) Senior/Maintenance Worker
(18) Marina Attendant
(19) Parking Meter Repair Worker
(20) Zoo Attendant I/II
(21) Zoning Investigator
(22) Landfill Engineer ing Technician
(23) Utility Services Inspector
(24) Street Construction Equipment Operator/Laborer/Laborer Trainee (25) Irrigation Technician
(26) Park Equipment Operator
(27) Park Maintenance Worker
71 (28) Integrated Waste E quipment Operator and S enior Integrated Waste Equipment Operator
(29) Parking Enforcement Officer
(30) Process Control Systems Specialist
(31) Community Center Attendant I/II
(32) Forensic Investigator I/II/Lead
c. Employees shall be responsible for t he laundry, maintenance, and repair of such jacket. Replacement of unserviceable jackets shall be the responsibility of the City.
17.4 SUMMER WEAR
Employees in the following classifications shall have the option to wear summer shorts and shoes between May 1 and September 30:
Parking Meter Coin Collector
Parking Meter Repair Worker
Parking Lot Attendant
Senior Parking Lot Attendant
Parking Enforcement Officer
Employees will adhere to the appropriate departmental uniform policy and will be responsible for the purchas e and maintenance of the s horts and shoes, and other uniform articles if required.
17.5 FORENSIC INVESTIGATORS
a. The City shall provide the following un iforms to employees in the Forensic Investigator classification series as follows:
Classification Series Long-Sleeve
Shirt
Short-
Sleeve Shirt
Pants
Forensic Investigators 5 5 6
Forensic Investigators
assigned to Latent Print Unit
or Evidence Lab
2 2 2
b. The City shall provide l aundry service twice per week. c. The City shall be responsible for t he replacement of unserviceable uniforms.
72 d. Employees in this classification series are authorized, at their sole expense, including cleaning and replacement of unserviceable items, to wear the following load bearing vests: Safariland #DN6700 & #DN6701 and Point Blank #BP2256, black 6x10 inch patch with the words “CSI ” affixed to the center back of the load bearing vest. Unifo rm shirts: Blauer #8471 or Flying Cross Hybrid Base Shirt (long sleeve) #05VS8 486 or Hybrid Base Shirt (short sleeve) #55VS8486 including SPD forensic shoulder patches. e. Time off preference – When additional ti me off becomes available for Forensic Investigator I, II, and Lead Forensic Investigator on Thanksgiving Day, Christmas Eve, Christmas Day, New Year’s Eve, or New Year’s Day, the time off will be granted by lot during an annual holiday draw.
17.6 SOLID WASTE UNIFORMS
The Policies and Procedures Manual of the Solid Waste Division, which shall be incorporated by reference, shall be amended to give employees in the classifications of Integrated Waste Equipm ent Operator, Senior In tegrated Waste Equipment Operator, Maintenance Work er, and Senior Maintenance Worker the choice of collared shirts or t-shirts and pants or shorts, or any combination thereof.
17.7 UNIFORM VESTS - RELIEF CO MMUNITY CENTER ATTENDANTS Uniform work vests will be provided to non-career (relief) Community Center Attendants under the following conditions:
a. Employees shall be responsible fo r the laundering of such work vest. b. The vests are the proper ty of the Convention & Cultural Services Department and remain so at all times. Repair and replacement of unserviceable vests shall be the responsibility of the City.
17.8 EVIDENCE AND PROPERTY TECHNICIANS
a. Employees in the classifications of Evidence and Property Technician and Senior Evidence and Property Technici an shall receive a uniform allowance of twenty-two dollars ($22.00) bi-week ly. Employees who receive uniform allowance shall be responsib le for the laundry, ma intenance, and repair of their uniforms. Replacement of uns erviceable uniforms shall be the responsibility of the employee.
b. Evidence and Property Technicians and Senior Evidence and Property Technicians who are required to wear a uniform shall meet Department dress and grooming standards and adhere to the uniform policy of the division and/or Department.
73 17.9 TREE PRUNER UNIFORM
a. Employees in career classification s of Tree Pruner Tr ainee, Tree Pruner I, Tree Pruner II, Senior Tree Pruner shall be provided with six (6) pairs of Levi jeans per fiscal year as a standard part of the uniform in lieu of laundered trousers provided through the City’s uniform vendor.
b. Employees in career classification s of Park Equipmen t Operator and Tree Maintenance Worker who are regularly assigned to stump removal shall be provided with six (6) pairs of Levi jeans per fiscal year as a standard part of the uniform in lieu of laundered trouser s provided through the City’s uniform vendor.
c. Employees who are provi ded jeans pursuant to this Section shall be required to maintain the uniform in a clean, presentable, and professional condition.
The Department shall replace the jeans only when the damage is caused by circumstances which arise out of empl oyment, and not from ordinary wear incidental to normal use and employment.
17.10 ANIMAL CARE TECHNICIANS AND ANIMAL CONTROL OFFICERS a. Employees in the classification of An imal Care Technician shall be provided with six (6) tops/shirts and five (5) pair of pants for each employee. b. Employees in the classification of Anim al Control Officer shall be provided with six (6) tops/shirts and six (6) pair of pants for each employee. c. The City shall provide employees in t he Animal Care Technician series, on an as-needed basis, up to two (2) pair of rubber boots per fiscal year. d. Employees who are provided uniforms pursuant to this section shall be required to maintain the uniform in a clean, presentable, professional condition. When necessary, the Department shall replace tops and/or pants via the selected vendor(s) at Department expense.
e. Employees provided uniforms pursuant to this section shall not be eligible for uniform allowance provided in Section 17.1(c)(2).
ARTICLE 18 – SAFETY SHOES AND SAFETY GLASSES
18.1 SAFETY SHOES
a. Except for employees in the classi fications of Tree Pr uner Trainee, Tree Pruner I/II and Senior Tree Pruner, where the City requires that safety shoes be worn by employees as a condition of employment, the City shall reimburse said employees for the cost of an acc eptable safety shoe, inserts, and/or
74 repairs to safety shoes up to a maxi mum of $200.00 per pair, or up to a maximum of $250.00 if spec ial order of the safety shoes is required, and generally, no more than two (2) pair per fiscal year. Employees may initially request two (2) pairs of shoes at the same time.
b. Employees in the classifications of Tree Pruner Trainee, Tree Pruner I/II and Senior Tree Pruner shall be required to wear safety climbing boots as a condition of employment. In such case, the City shall reimburse said employee for the cost of acceptable sa fety climbing boots up to a maximum of $325.00 per pair. A second pair of safety climbing boots shall be reimbursed to employees upon completion of probation and thereafter, generally not more than one (1) pair every other year. These employees shall also be authorized to receive reimbursement for two (2) pai r of safety shoes, as provided in subsection (a), for a total of two (2) pair of safety shoes every fiscal year, and one (1) pair of safety climbing boots every other fiscal year. c. To be eligible for reimbur sement under this Section, the employee must obtain prior authorization from their superviso r before purchasing safety shoes or safety climbing boots and must submit t he receipt to the supervisor to verify the cost and substantiate the reimbur sement. At the discretion of the supervisor, in lieu of a new pair of climbing boots, the City will reimburse employees for repair and refurbishing of the normal wear and tear on the safety climbing boots.
d. Except as provided above, safety shoes shall normally be authorized for a single pair, and the second pair in the fiscal year shall on ly be approved if replacement is necessary.
e. The City maintains the right to spec ify the type of required safety shoe or safety climbing boots.
18.2 SAFETY GLASSES
a. It shall be mandatory for employees to wear safety glasses where such glasses are required to be worn by the City. The City shall provide non- prescription safety glasses for employees. Employees who wear prescription glasses shall wear protective eye wear provided by the City or prescription safety glasses.
b. Employees are free to pur chase prescription safety glasses from any source the employee chooses. The City will reimburse the employee for the purchase of prescription safety glasses up to a maximum of $125.00 per pair of glasses. c. To be eligible for the above reimburse ment, the employee must obtain prior authorization from their supervisor bef ore purchasing the required safety glasses, and must submit t he receipt to the supervisor to verify the cost and substantiate the reimbursement. The Cit y maintains the right to specify the
75 standards for non-prescription safety gla sses. Further, prescription safety glasses shall conform in all respects to the U.S.A. Safety Standards for Head, Eye and Respiratory Protection, and the prescription shall not be more than twenty-four (24) months old.
d. The cost of any eye examination and s pecial or cosmetic frames shall be paid by the employee.
18.3 DAMAGE TO PRESCRIPTION SAFETY GLASSES
a. The City agrees to repair or replace prescription safety glasses damaged or destroyed while the employee is actively at work provided that the employee furnishes satisfactory proof to the city of such loss.
b. The prescription shall not be more than twenty-four (24) months old to qualify for reimbursement under the Article. All costs to update the prescription shall be borne by the employee.
ARTICLE 19 – SAFETY
19.1 SAFETY ADVISORY COMMITTEE
The City shall continue to provide for the safety of employees during the hours of their employment. In this regard, the City agrees that it will receive and consider written recommendations with respect to uns afe working conditions or other safety ideas in the area of working conditions from any employee or the Union; and the employees and the Union agree that they will direct t heir safety recommendations and ideas to the City. To facilitate this process, a Safety Advisory Committee consisting of four (4) repres entatives of the City and four (4) representatives of the Union shall meet every three (3) months to consult on such safety matters. Up to four (4) career Union repr esentatives may attend such me etings without loss of pay or benefits.
19.2 NON-FAULT VEHICULAR ACCIDENTS
At the request of an employ ee who was involved in a non-fault vehicular accident while performing City work, the City will provi de a letter to the employee stating the accident was non-fault.
ARTICLE 20 – DISCIPLINE
20.1 DISCIPLINE FOR NON-CAREER EM PLOYEES IN CAREER CLASSIFICATIONS a. Non-career -1,040 Employees (Emplo yees who have worked less than 1,040 regular hours)
76 (1) A non-career employee may be re leased from their position at the discretion of the appointing authority at any time prior to working 1,040 regular hours without t he right of appeal. Such release shall be confirmed in writing.
(2) Hours worked as a Career Deve lopment Trainee shall not count towards the 1,040 hours.
b. Non-career +1,040 Employees (Employees who have worked in excess of 1,040 regular hours)
(1) For non-career employees in car eer classifications who have worked in excess of 1,040 regular hours since their last date of hire and those not covered by the Rules and Regulat ions of the Civil Service Board, discipline and the appeals process sha ll be processed in a manner consistent with this article.
(2) Hours worked as a Career De velopment Trainee shall not count towards the 1,040 hours needed to qualify to appeal discipline.
20.2 LETTER OF REPRIMAND
a. A letter of reprimand issued on or after October 20, 1990, shall not be appealable, except the employee may hav e an administrative review of the reprimand by submitting a request in writing within seven (7) calendar days to the Manager of Labor Relations. The Manager or designee will schedule a meeting within seven (7) calendar days of receipt of the written request to hear the employee's response. A final wri tten decision will be rendered by the Manager or designee within seven (7) ca lendar days of the meeting. This Section shall not be subject to the Grievance Procedure. b. When issuing a letter of reprimand, t he City shall provide to the employee all available information upon which the r eprimand is based, including but not limited to, fact-finding transcripts and written complaints filed. The City is not required to prepare transcriptions of audio-taped interviews to meet this obligation. However, if a transcript of audio-taped interviews is prepared, the City shall provide the transcript.
20.3 IN-LIEU DISCIPLINE
By mutual agreement between the appoi nting authority or designee and the employee, an employee suspended from duty without pay may forfeit accumulated holiday, compensating time off, and/or vacation credits equal to the number of hours of suspension in lieu of such suspension. If the suspensio n is reduced or reversed at the conclusion of the appeal process, the City shall reinstate the forfeited credits.
This provision shall not be subject to the grievance procedure.
77 20.4 DISCIPLINE TOLLING PERIOD
In all disciplinary matters, the City shall issue a letter of intent to discipline within 365 days from the date of discovery of the misconduct by a person authorized to initiate an investigation of the misconduct. This time limitation shall be extended if any of the conditions referenced in the California Peac e Officers’ Bill of Rights Act (California Government Code §§ 3300 et seq.) exist during the 365 day period.
20.5 MEDIATION
The parties may participate in mediation in an attempt to settle disciplinary matters before a hearing with the Administrative Law Judge. Mediation s hall be required if requested by either party and the parties will request a mediator from the State Mediation and Conciliation Service. All me diation proceedings shall be private. The mediator shall make no public recommendation, not take any public position at any time concerning the issues. All costs of the mediation shall be borne by the requesting party.
20.6 DISCIPLINE APPEAL HEARING PROCEDURE
Disciplinary appeals above a letter of reprimand shall be conducted pursuant to Rule 12 of the Rules and Regulations of the Civil Service Board.
An employee’s appeal of discipline shall be heard by an Administrative Law Judge at the California Office of Administrative Hearings (OAH). a. The hearing shall be tr anscribed by a certified shorthand reporter. The appearance fees of the reporter will be borne equally by the City and the Union. If only one party orders a transcript, that party shall pay for the cost of transcription. If both parties elect to order a transcript, the parties will equally bear the cost of the original transcript and any necessary copies. b. The hearing shall be conducted pursuant to the procedures of Rule 12 of the Rules and Regulations of the Civil Service Board. On issues of procedure where the Rules and Regulations of t he Civil Service Board are silent, the California Administrative Procedures Act shall govern the proceedings. c. The City agrees that em ployees shall not suffer loss of compensation for time spent as a witness at a discipline hearing held pursuant to this procedure. The Union agrees that the number of wit nesses requested to attend, and their scheduling shall be reasonable.
20.7 DECISION
The Administrative Law Judge shall issue a written decision. The parties agree to jointly recommend the Administrative Law Judge’s decision to the Civil Service
78 Board, any dispute with the decision by a party shall be limit ed to the grounds specified in Section 1286.2 of the California Code of Civil Procedure.
20.8 WITHDRAWAL OF APPEAL
The employee may withdraw an appeal of disci pline at any time prior to a decision by an Administrative Law Judge or the Civil Service Board. An appeal shall be deemed withdrawn if the employee fails to respond within thirty (30) days to a written request by the City to schedule a hearing or otherwise participate in the appeal process. The written request shall be cert ified and sent to the employee’s mailing address as shown in the City’s payroll system.
20.9 DISCIPLINE AND DOCUMENTED COUNSELING RETENTION
a. Suspensions and pay reductions iss ued after June 30, 2014, will not be permanently placed in an employee’s official personnel file. Suspensions and pay reductions will be withdrawn from t he employee’s official personnel file five (5) years from the date of issue provided there has not been additional formal discipline imposed during the five-year period. All suspensions and pay reductions removed from the employee’s official personnel file will be retained in Labor Relations. Should an employ ee have subsequent discipline, the earlier disciplines may be used for purposes of progressive discipline. b. A letter of reprimand issued after Oct ober 20, 1990, will be withdrawn from an employee's official personnel file two (2) years from the date of issue provided there has not been additional formal di scipline imposed during the two-year period.
c. A letter of reprimand issued prior to October 20, 1990, may be pulled at the request of the employee provided t here was no additional formal discipline imposed within five (5) years from the date of issue.
d. Documented counselings will be wit hdrawn from an employee’s department file eighteen (18) months from the date of issue provided there has not been formal discipline imposed during the eight een-month period. Once removed, the documented counseling may not be used to enhance subsequent discipline but may be used to demonstrate that the employee is aware of the issue and/or for impeachment purposes.
ARTICLE 21 – CLASSIFICATION AND PAY
21.1 NEW OR REVISED
a. It is recognized that the establishment of new or revised job classifications within the Units covered by this Agreement may be warranted because of changes in job content or services offered by the City. Under such
79 circumstances, the City shall prepare and submit to the Union the proposed descriptions and proposed appropriate rate ranges for such job classifications as will have been determined to be within the Unit covered by this Agreement not less than fifteen (15) days prior to s ubmission of the job classification to the Civil Service Board. Upon request of the Union, the fifteen (15) day period will be extended by an additional ten (10) days.
b. The Union and the City shall meet prior to submission of the proposed descriptions to the Civil Service Board and shall make every reasonable effort to reach agreement on a joint proposal to the Civil Service Board. The Union and the City shall follow provisions of applicable state law and the City's Employer-Employee Relations Policy regarding negotiations of an appropriate salary range for any revised entry or revised promotional classification covered by this Agreement.
c. The Union shall have the right to f ile an appeal to the Civil Service Board regarding job classification.
d. The City shall submit all job announcements for positions covered under this Agreement to the Union not less than five (5) days prior to publication by the City.
e. In the event the Employer-Employee Re lations Policy is revised in respect to the assignment of classifications to representation units, either party may reopen this Section for the purpose of reaching mutual agreement on the procedural changes which may need to be made under this Section.
21.2 STAFF AIDE POSITIONS
The classification of Staff Aide may be used when an interim classification is needed pending establishment of a regular classification. A Staff Aide may be employed for a maximum period of twelve (12) months . The salary for Staff Aide shall be established by the City at the time of hire.
21.3 LIMITED-TERM APPOINTMENTS
The City may, due to extraor dinary circumstances, extend a twelve-month limited- term appointment to an additional twelve months provided the City complies with the following:
a. The employee is not laid off after t he expiration of the initial twelve-month appointment; and
b. The employee continues to be benefit -qualified for the duration of the extended appointment.
80 ARTICLE 22 – MISCELLANEOUS
22.1 CIVIL SERVICE RULES
In the event that any Civil Service Board Rules or Regulations are in conflict with this Agreement, the Agreement shall apply.
22.2 PROMOTION FROM WITHIN
In accord with Article VII, Section 84 of the Charter of the City of Sacramento, the City does hereby reaffirm its policy to promote from within whenever possible.
22.3 CONSOLIDATION
Prior to entering into an Agreement to consolidate any City function which includes employees represented by Local 39 as the recognized employee organization, the City shall meet with the Union in an attempt to resolve employee problems.
22.4 WORKERS COMPENSATION
In recognition of the three (3) calendar day waiting period for temporary disability payments required by the Labor Code for Workers Compensation, a non-career (+1,040) employee with three (3) months, or more, of continuous service may apply available sick leave during such waiting period to the extent that their weekly income (salary, sick leave and/or disability payments) does not exceed earnings for scheduled hours during a given workweek. If sick leave is not available for all or part of the three (3) calendar day waiting period, for those days payment(s) for which sick leave is not available will be made by the City based on app licable temporary disability payment amounts, as provided by the Labor Code, for such waiting period.
22.5 SAVINGS CLAUSE
If any provision of this Agreement, or the application of such provision should be rendered or declared invalid by any decree of a court of competent jurisdiction or by the reason of any existing or subsequently enacted legislation, the remaining parts or portions of this Agreement shall remain in full force and effect.
22.6 EMPLOYEE PERFORMANCE EVALUATIONS
a. Each City department shall have the right to conduct employee performance appraisals on a department -wide basis for career and/or non-career employees at the discretion of the appointing authority. b. An employee in a classification r equiring a twelve (12) month probationary period shall receive no less than four (4) performance evaluations, at reasonable intervals, during the probationary period.
81 c. A career employee who disagrees with a performance evaluation may within ten (10) workdays from the date of the performance evaluation:
(1) Write a rebuttal statement fo r attachment to the performance evaluation form; and
(2) Informally appeal to the supervisor of the reviewer, but in no case higher than the Department Head.
d. Appeals on employee performance ev aluations are not subject to the grievance procedure.
e. In accordance with the Sacramento Civil Service Board Rules, Rule 12 et seq., withholding an employee’s salary step advancement is formal discipline.
Salary step advancements shall not be delayed solely because the employee’s performance appraisal is not completed on time. Step advancements delayed solely due to untimely performance evaluations shall be subject to the grievance procedures.
22.7 REMOTE WORK
Employee eligibility and participation in the City’s Remote Work Program will be pursuant to the City’s Remote Work Policy.
This policy shall not be subject to the grievance procedure but shall follow the review procedures outlined in the Remote Work Policy.
22.8 CONTRACTING-OUT
a. The City shall not contra ct out for goods and services performed by bargaining unit employees which will result in any career employee being laid off without prior consultation with the Union c oncerning the impact on the terms and conditions of employment of employees covered by this Agreement. b. Any layoffs resulting from the City's action shall be made pursuant to the layoff provisions of this Agreement.
22.9 VIDEO DISPLAY TERMINALS
a. Except for critical work situations in the Communications Center and City emergencies, employees assigned to video display terminals shall be provided with alternate work so they will not be required to work continuously on such terminals more than sixty (60) consecutive minutes. This provision is not intended to provide for additional break periods.
b. Employees operating video display te rminals experiencing glare problems should notify their immediate superviso r who will contact the City Safety
82 Officer. The Safety Officer will visit t he worksite and take the necessary corrective action.
22.10 ZONAR OR OTHER GLOBAL POSITIONING SYSTEMS (GPS)
Zonar and other GPS devices will be used for purposes of improving departmental efficiencies to include, but not limited to , preserving City resources and preventing idle time. Zonar or GPS data shall not be used by the City as t he only factor in gathering data for purposes of discipline. However, the data may be used to substantiate public complaints, support findings or confirm work performance issues for purposes of discipline. A list of vehicles which contain Zonar or other GPS devices will be maintained in the department and provided to employees. The City may place one (1) “safety sticker” on City vehicles which reads “How’s My Driving? Dial 311.” Safety stickers shall not exceed 200 square inches and will not be placed in an area which obscures the driver’s safe operation of the vehicle.
22.11 STRIKES AND LOCKOUTS
For the duration of this Agreement the Union and its members agree that it shall not call, sanction or engage in any strike, slowdown, suspension or stoppage of work activity, and the City agrees that it shall not cause or engage in any lockout.
Further, the City shall have the right to deny all usage of sick leave by any employee where the City Manager has reasonable cause to believe the sick leave usage is related to a sick-out or any other form of concerted activity.
22.12 TIME OFF FOR EXAMINATIONS
If a request is made by an employee, such employee shall be released from duty without loss of compensation while compet ing in City examinations and interviews.
The employee must give the immediate super visor at least three (3) working days' advance notice. Employees shall not be compensated for examination and interview time which occurs during non-duty hours.
22.13 BLOOD BANK TIME
a. The City shall establish a blood bank account with the Sacramento Medical Foundation Blood Center.
b. An employee shall be permitted time off without loss of compensation to donate blood during duty hours when a mobile blood unit vehicle is located at the employee's worksite. Time off shall only be granted if work activities are not unduly disrupted. Such paid time off shall not exceed thirty (30) minutes per blood donation, unless extended by City management on a case-by-case basis.
83 c. Time off without compensation sha ll be permitted during duty hours in the event an employee wishes to donate blood at the office of the Blood Center.
In such case, the employee may be pe rmitted to use paid accrued vacation, CTO or holiday time.
d. This provision is not intended to authorize any overtime compensation.
22.14 EMERGENCY RESPONSE
a. Employees may be assigned and/or reassigned for emergency reasons including, but not limited to, storm duty. In consi deration of the individual employee’s safety and sleep needs, the number of additional hours which an employee may work, and the time off between hours worked shall be established jointly by the supervisor and employee. The supervisor may determine that an employee is to be re leased from the shift when, in the judgment of the supervisor, the employee is no longer capable of performing the job safely.
b. In consideration of employee safety , if the emergency response is prolonged, the supervisor will provide appropriate break times and areas, available emergency equipment, reporting responsibilities and other necessary support to allow the employee to perform effectively in the emergency. c. Where feasible, the City will allow employees not assigned to traditional emergency operations to volunteer to serve in an emergency capacity and to be trained for such assignments. The employee who volunteers for these assignments will be paid at their regular hourly rate of pay for such assignments without regard to the duties performed, and shall be utilized as needed to fill in for or supplement employees regularly assigned to the operation.
d. Nothing in this Section shall be construed to limit management’s right to assign or reassign employees in an emergency.
22.15 PAYROLL ERRORS
a. In the event an error has been m ade in the payment of an employee's compensation, including, but not lim ited to, wages, overtime payment, healthcare contributions, incentives, or leave accruals, balances and/or usages, the City shall, for purposes of future compensation, adjust such compensation to the correct amount, giving written notice to the employee. b. In the event an employee received an overpayment, reimbursement to the City shall be accomplished by:
(1) Lump sum payment by the employee;
84 (2) A one-time deduction from all ava ilable paid leave balances, except sick leave, equivalent to the overpay ment at the employee's current hourly rate;
(3) A repayment schedule through payroll deduction; and/or (4) Other means, as may be mutua lly agreed between the parties.
No repayment schedule shall exceed fifty -two (52) pay periods in duration, except that if the employee does not agree to a voluntary repayment schedule, the overpayment collection shall not exceed twenty-six (26) pay periods. The time period may be extended by a si gned agreement between the City and the employee.
c. No action shall be taken to enforce r epayment of an overpayment, or to correct an underpayment, unless action is taken within two (2) years from the ending date of the pay period in which the error is discovered. "Action is taken" as used in this Section shall mean written notice to the employee in the case of an overpayment, or written or oral notice to the Cit y in the case of an underpayment error.
d. The City shall make a reasonable effo rt to verify employee underpayments within ten (10) calendar days of discovery or by written notice by the employee or employee’s representative. Once verified, repayment shall be made within thirty (30) calendar days.
22.16 PERS RETIREMENT PLAN AND CONTRIBUTION
a. Miscellaneous employees are cover ed by the following Public Employees Retirement System (PERS) Plan – Classic Members:
• Modified 2% at age 55
• One-year highest compensation
• 2% COLA
• 25% survivor continuation
• 50% industrial disability
• Military service credit
• Sick leave conversion credit
b. Effective June 30, 2012, “classic member s” as defined by PERS, shall pay the seven percent (7%) member contribution to the PERS retirement plan. Classic members shall qualify for the 2% at 55 benefit formula and retirement shall be based upon the highest twelve (12) consecutive months of compensation. c. Effective November 15, 2014, “classic members” shall pay eight percent (8%) of salary to the PERS retirement pl an. The parties will seek to amend the PERS contract to reflect a new cost-share agreement in which miscellaneous
85 classic members shall, from the date of amendment , pay a seven percent (7%) employee contribution and one percent (1%) of the employer contribution through PERS cost-share. If this PERS cost-share is not approved by a vote of the bargaining unit employees, the one percent (1%) cost-share will remain in the City’s account.
d. Member Contribution to PERS Retirement Plan – New Members “New members” as defined by Public Employees’ Pension Reform Act (PEPRA) shall be members in the PERS on terms consistent with the PEPRA.
New members shall qualify for the 2% at 62 benefit formula, shall contribute fifty percent (50%) of the total norma l cost as required by PEPRA, and retirement shall be based upon the highest thirty-six (36) consecutive months of compensation.
22.17 DEFERRED COMPENSATION PLAN
Career employees may participate in the City’s Deferred Compensation 457 Plan, to the extent provided by law.
Each participant in the Plan shall contri bute an administrative fee of one dollar and fifty cents ($1.50) per month from their plan balance to the Plan’s administrative allowance account. Funds accumulated by the administrative fee will be utilized as prescribed in the Defined Contribution Plans Committee’s Fee and Expense Policy.
22.18 SHOP LOCATION SELECTION FO R FLEET SERVICES COORDINATORS During the second week of June, Fleet Services Coordinators shall bid for each shop location. Bidding shall close on Friday of the second week of June.
Shop location bidding shall be done by classi fication seniority, with the highest in seniority making their shop location selection first.
The outcome of the shop location bidding shall be made available to the employees and the shop location change effective date s hall be the start of the first full pay period of July in the bidding year.
The City retains the right to move personnel to a location which is necessary to meet operational needs. Where the City determines t hat a vacancy exists in a shop, that vacancy shall be filled from a voluntary sign-up of qualified employees.
22.19 URBAN FORESTRY
Within sixty (60) calendar days of the adopt ion of this Agreement, at the request of the Union, the parties shall meet and di scuss options to reduce the reliance on service contracts in Urban Forestry. Absent mutual agreement, the status quo shall remain.
86 22.20 TERM
a. This Agreement shall remain in full force and effect from September 23, 2023September 20, 2025 , to and including September 19, 2025 September 15, 2028.
b. The provisions of this Agreement shall be effective on the effective date stated above except as otherwise specifically provided.
c. The Letters of Understanding at Exhi bit B are hereby incorporated and shall remain in effect during the term of this Agreement.
87 DATED: December 12, 2023March 24, 2026
INTERNATIONAL UNION OF
OPERATING ENGINEERS,
STATIONARY ENGINEERS LOCAL
39, AFL-CIO
CITY OF SACRAMENTO
Tim Eggen Bart Florence
Business Manager
Leyne Milstein Shelley Banks-Robinson
Assistant City ManagerDirector of
Human Resources
Jeff Gladiuex
President
Aaron Donato
Labor Relations Manager
Brandy Johnson
Director of Public Employees
Chee Khang
Negotiations Team Member
Laura LeSieur
District Representative
Brian MartinSean Arnold
Negotiations Team Member
Amanda Skibby
Business Representative
Jason Bader
Negotiations Team Member
Payden Martin
Business Representative
Jackie BeechamApprove as to form:
Negotiations Team Member
Branden Bradley
Negotiating Committee Member
Approve as to form:Brett M. Witter
Assistant City Attorney
88 Courtney Guzman Sharonda Roberts
Negotiating Committee Member
Brett M. Witter
Assistant City Attorney
Jeff Hatley Courtney Guzman
Negotiating Committee Member
Desmond Moore Michael Corral
Negotiating Committee Member
Jesus Munoz Jr Timothy Fisher
Negotiating Committee Member
Barbara Ruiz Don Wayne
Negotiating Committee Member
Kim Scali Esteban Lopez
Negotiating Committee Member
Shawn Silva Eric Ramos
Negotiating Committee Member
Don Wayne
Negotiating Committee Member
EXHIBIT A – REGRESSION LADDERS
(Includes Flexibly Staffed Classifications)
UNITS
Operations & Maintenance
Office & Technical
Professional
1. Senior Electronic Maintenance Technician
Electronic Maintenance Technician II/I/Trainee
2. Associate/Assistant/Junior Planner
Development Services Technician III
Development Services Technician II/I
3. Water Quality Chemist
Water Quality Laboratory Technician
4. Senior Maintenance Worker
Maintenance Worker
Security Guard
5. Water Conservation Specialist
Water Conservation Representative
6. Building Inspector 4
Building Inspector 3/2/1
Development Services Technician III
Development Services Technician II/I
7. Construction Inspector III/II/I
8. Electrical Construction Inspector III/II/I
9. Storekeeper
Stores Clerk II/I
10. Senior Personnel Transactions Coordinator
Personnel Transactions Coordinator
11. Senior Office Specialist
Office Specialist
12. Ticket Seller
Cashier
13. Senior Central Services Assistant
Central Services Assistant III/II/I
14. Senior Landfill Engineering Technician
Senior Engineering Technician
Engineering Technician III/II/I
15. Community Center Attendant II
Community Center Attendant I
Senior Custodian
Custodian II
Custodian I
Security Guard
16. Accounting Technician
Account Clerk II/I
17. Senior Evidence and Property Technician
Evidence and Property
Technician
18. Animal Control Officer II/I
Animal Care Technician
19. Senior Integrated Waste Equipment Operator
Integrated Waste Equipment Operator
20. Program Coordinator
Program Developer
Program Leader
21. Program Coordinator (Adaptive Recreation)
Program Developer (Adaptive Recreation)
22. Program Coordinator (Older Adults)
Program Developer (Older Adults)
23. Park Maintenance Worker III
Park Equipment Operator
Park Maintenance Worker II
Park Maintenance Worker I
Park Maintenance Worker
24. Senior Tree Maintenance Worker
Tree Maintenance Worker/Trainee
25. Senior Tree Pruner
Tree Pruner II/I/Trainee
26. Zoo Attendant II
Zoo Attendant I
27. Police Clerk III
Police Clerk II/I
28. Senior Parking Lot Attendant
Parking Lot Attendant
29. Parking Meter Coin Collector
Parking Enforcement Officer
30. Code Enforcement Officer
Assistant Code Enforcement Officer
31. Senior Claims Collector
Claims Collector
32. Senior Building Maintenance Worker
Building Maintenance Worker
33. Arts Program Coordinator
Arts Program Assistant
34. Telecommunications Systems Analyst III/II/I
Senior Telecommunications Technician
Telecommunications Technician II/I/Trainee
35. Graphic Designer
Graphics Assistant
36. Police Records Specialist III
Police Records Specialist II/I
37. Utility Services Inspector
Meter Reader
38. Events Coordinator
Booking Coordinator
39. Senior Information Technology Support Specialist
Information Technology Support Specialist II/I/Information Technology Trainee
40. Senior Departmental Systems Specialist
Departmental Systems Specialist II/I/Information Technology Trainee
41. Street Construction Equipment Operator
Street Construction Laborer/Trainee
42. Customer Service Specialist
Customer Service Representative/Assistant/Trainee
(Or the employee may downgrade to the Office Spec ialist Series from which promoted/ transferred/ reallocated)
43. Survey Technician II/I
44. Lead Forensic Investigator
Forensic Investigator II/I
45. 311 Customer Service Specialist
311 Customer Service Agent
(Or the employee may downgrade to the Customer Service Series from which promoted/ transferred/ reallocated)
46. Bump to previously held classification’s regression ladder (Classifications not in a regression ladder)
a. Professional Unit
Arborist/Urban Forester
Archivist
Art Museum Registrar
Geographic Information Systems Specialist III/II/I/Information Technology Trainee Media Production Specialist II/I
Museum Registrar
Process Control System Specialist
Public Information Coordinator
Real Property Agent III/II/I
b. Office and Technical Unit
Architectural Technician III/II/I
Community Service Representative II/I
Fingerprint Clerk
Fleet Management Technician
Information Technology Trainee
Landscape Technician II/I
Neighborhood Resources Coordinator II/I
Traffic Investigator III/II/I
Zoning Investigator
c. Operations and Maintenance Unit
Instrument Technician II/I/Trainee
Irrigation Technician
Marina and Boating Facilities Attendant
Parking Meter Repair Worker
Registered Veterinary Technician
Traffic Control and Lighting Technician II/I/Trainee
47. Classifications designated as Confidential/ Administrative (***) or Exempt Management Support (*******) may downgrade to vacant positions in classifications where previously held permanent status
***/*******Administrative Analyst
***Administrative Assistant
***Administrative Assistant (Confidential/Exempt)
***Administrative Technician
***Administrative Technician (Confidential/Exempt)
***Applications Developer
***Data System Technician
***Deputy City Clerk
***Desktop Support Specialist
***Executive Assistant
*******Investigator (Exempt)
***LAN Administrator
***Legal Secretary
***Legal Staff Assistant
***Legal Staff Assistant (Exempt)
***Paralegal
***Payroll Technician
***Personnel Technician
***Personnel Technician (Confidential)
***/*******Program Analyst
***Programmer
*******Senior Deputy City Clerk
***Senior Legal Staff Assistant
***Senior Staff Assistant
***Staff Assistant
***Staff Assistant (Exempt)
***Supervising Legal Secretary
***Systems Engineer
***Treasury Assistant
*******Workers Compensation Claims Representative
*** Confidential/Administrative
******* Exempt Management Support
EXHIBIT B – CONTINUING LETTERS OF UNDERSTANDING (LOUs)
i
and
International Union of Operating
Engineers,
Stationary Engineers, Local 39
Labor Agreement
Covering All Employees In The Plant
Operator Unit
20252023-20282025
ii
TABLE OF CONTENTS
Section Page
PREAMBLE ................................................................................................................................... 1 ARTICLE 1 – RECOGNITION ........................................................................................................ 1
1.1 RECOGNITION ................................................................................................................................. 1
1.2 EMPLOYEES COVERED BY THIS AGREEMENT .......................................................................... 1
1.3 CAREER DEVELOPMENT TRAINEES ............................................................................................ 2 ARTICLE 2 – SOLE AGREEMENT ................................................................................................ 2
2.1 SOLE AGREEMENT ......................................................................................................................... 2 ARTICLE 3 – CITY RIGHTS .......................................................................................................... 2
3.1 CITY RIGHTS .................................................................................................................................... 2 ARTICLE 4 – UNION RIGHTS ....................................................................................................... 3
4.1 PAYROLL DEDUCTIONS ................................................................................................................. 3
4.2 UNION STEWARDS ......................................................................................................................... 5
4.3 LIST OF NEW EMPLOYEES AND ELIGIBLE LISTS ....................................................................... 5
4.4 USE OF CITY INFORMATION SYSTEMS ....................................................................................... 5
4.5 BULLETIN BOARDS ......................................................................................................................... 6
4.6 NEW EMPLOYEE ORIENTATION ................................................................................................... 6 ARTICLE 5 – GRIEVANCE PROCEDURE .................................................................................... 7
5.1 GRIEVANCE PROCEDURE ............................................................................................................. 7
5.2 PURPOSE ......................................................................................................................................... 8
5.3 DEFINITIONS .................................................................................................................................... 8
5.4 TIME LIMITS ..................................................................................................................................... 8
5.5 PRESENTATION .............................................................................................................................. 8
5.6 EMPLOYEE RIGHTS ........................................................................................................................ 8
5.7 APPLICATION ................................................................................................................................... 9
5.8 INFORMAL DISCUSSION ................................................................................................................ 9
5.9 FORMAL GRIEVANCE - STEP ONE ................................................................................................ 9
5.10 FORMAL GRIEVANCE - STEP TWO ............................................................................................... 9
5.11 FORMAL GRIEVANCE - STEP THREE ........................................................................................... 9
5.12 ARBITRATION - STEP FOUR .......................................................................................................... 9 ARTICLE 6 – SALARY ADJUSTMENTS ...................................................................................... 10
6.1 SALARY RANGE ............................................................................................................................ 10
6.2 SALARIES ....................................................................................................................................... 10
6.3 SIGNING BONUS ........................................................................................................................... 11 ARTICLE 7 – SALARY ADMINISTRATION ................................................................................. 11
7.1 ORIGINAL APPOINTMENT COMPENSATION RATE ................................................................... 11
7.2 ADVANCEMENT IN RATE OF COMPENSATION ......................................................................... 11
7.3 EFFECT OF CLASSIFICATION CHANGE ON RATE OF COMPENSATION ................................ 12
7.4 EFFECT OF CHANGE OF SALARY RANGE UPON COMPENSATION ....................................... 13
7.5 RATE OF COMPENSATION UPON RETURN TO CITY SERVICE ............................................... 13 iii
7.6 RATES HIGHER THAN TOP STEP (Y-RATE) ............................................................................... 13
7.7 LONGEVITY PAY (CITY CHARTER) ............................................................................................. 14
7.8 LONGEVITY PAY (CONTRACT) .................................................................................................... 14 ARTICLE 8 – HEALTH AND WELFARE ...................................................................................... 14
8.1 CONTRIBUTION TO FULL-TIME AND PART-TIME CAREER EMPLOYEES ............................... 14
8.2 CONTRIBUTION TO NON-CAREER EMPLOYEES ...................................................................... 15
8.3 AMOUNT OF CONTRIBUTION ...................................................................................................... 16
8.4 COVERED DEPENDENTS ............................................................................................................. 19
8.5 CASH-BACK LIMITS ....................................................................................................................... 19
8.6 LIFE INSURANCE ........................................................................................................................... 19
8.7 FLEXIBLE SPENDING ACCOUNTS .............................................................................................. 19
8.8 RETIREES OR SURVIVOR DEPENDENTS .................................................................................. 20 ARTICLE 9 – LEAVES ................................................................................................................. 23
9.1 HOLIDAY BENEFITS ...................................................................................................................... 23
9.2 VACATION ...................................................................................................................................... 27
9.3 SICK LEAVE ................................................................................................................................... 29
9.4 COURT LEAVE ............................................................................................................................... 32
9.5 PARENTAL LEAVE ......................................................................................................................... 33
9.6 CATASTROPHIC LEAVE PLAN ..................................................................................................... 34
9.7 PERSONAL TIME OFF (PTO) ........................................................................................................ 35
9.8 STATE DISABILITY INSURANCE (SDI) ......................................................................................... 36
9.9 BEREAVEMENT LEAVE ................................................................................................................ 36
9.10 PAID CITY LEAVE (PCL) ................................................................................................................ 37 ARTICLE 10 – SPECIAL ALLOWANCES .................................................................................... 37
10.1 STANDBY ASSIGNMENTS ............................................................................................................ 37
10.2 CALL-BACK/CALL-IN PAY ............................................................................................................. 38
10.3 TEMPORARY WORK IN A HIGHER CLASSIFICATION ............................................................... 39
10.4 SHIFT DIFFERENTIAL ................................................................................................................... 39
10.5 TUITION REIMBURSEMENT ......................................................................................................... 40
10.6 CONTINUING EDUCATION ........................................................................................................... 40
10.7 REQUIRED LICENSES AND CERTIFICATIONS ........................................................................... 41
10.8 CERTIFICATE INCENTIVES .......................................................................................................... 41
10.9 TECHNOLOGY ALLOWANCE ....................................................................................................... 42
10.10 PROFESSIONAL ENRICHMENT ................................................................................................... 43 ARTICLE 11 – HOURS OF WORK .............................................................................................. 43
11.1 WORK SCHEDULE ......................................................................................................................... 43
11.2 SHIFT BIDS FOR STATIONARY ENGINEERS ............................................................................. 44
11.3 OVERTIME AND COMPENSATING TIME OFF ............................................................................. 44 ARTICLE 12 – LAYOFF ............................................................................................................... 45
12.1 PURPOSE ....................................................................................................................................... 45
12.2 DEFINITIONS .................................................................................................................................. 45
12.3 PROCEDURE ................................................................................................................................. 47
12.4 NOTICE OF LAYOFF ...................................................................................................................... 49
12.5 SALARY IN EVENT OF DOWNGRADE ......................................................................................... 49
12.6 FRINGE BENEFITS ........................................................................................................................ 50
12.7 RECALL .......................................................................................................................................... 50 iv
ARTICLE 13 – DISCIPLINE ......................................................................................................... 51
13.1 DISCIPLINE FOR NON-CAREER EMPLOYEES IN CAREER CLASSIFICATIONS ..................... 51
13.2 LETTER OF REPRIMAND .............................................................................................................. 52
13.3 IN-LIEU DISCIPLINE....................................................................................................................... 52
13.4 DISCIPLINE TOLLING PERIOD ..................................................................................................... 52
13.5 MEDIATION .................................................................................................................................... 52
13.6 DISCIPLINE APPEAL HEARING PROCEDURE ............................................................................ 53
13.7 DECISION ....................................................................................................................................... 53
13.8 WITHDRAWAL OF APPEAL ........................................................................................................... 53
13.9 DISCIPLINE AND DOCUMENTED COUNSELING RETENTION .................................................. 53 ARTICLE 14 – SAFETY SHOES AND SAFETY GLASSES ......................................................... 54
14.1 SAFETY SHOES ............................................................................................................................. 54
14.2 SAFETY GLASSES ......................................................................................................................... 55
14.3 DAMAGE TO PRESCRIPTION SAFETY GLASSES ...................................................................... 55 ARTICLE 15 – UNIFORMS .......................................................................................................... 55
15.1 UNIFORMS ..................................................................................................................................... 55
15.2 FOUL WEATHER JACKET ............................................................................................................. 56 ARTICLE 16 – MISCELLANEOUS ............................................................................................... 56
16.1 SAFETY .......................................................................................................................................... 56
16.2 TRANSPORTATION ....................................................................................................................... 56
16.3 SELECTION OF VACANCIES ........................................................................................................ 57
16.4 STRIKES AND LOCKOUTS ........................................................................................................... 58
16.5 SAVINGS CLAUSE ......................................................................................................................... 58
16.6 EMPLOYEE PERFORMANCE APPRAISALS ................................................................................ 58
16.7 TRIAL PERIOD ............................................................................................................................... 59
16.8 PAYROLL ERRORS ....................................................................................................................... 59
16.9 COMMERCIAL DRIVER LICENSE ................................................................................................. 60
16.10 PERS RETIREMENT PLAN AND CONTRIBUTION ...................................................................... 61
16.11 VOLUNTARY WORK FURLOUGH PROGRAM ............................................................................. 61
16.12 PROBATIONARY PERIOD ............................................................................................................. 62
16.13 ZONAR OR OTHER GLOBAL POSITIONING SYSTEMS (GPS) AND VEHICLE STICKERS ...... 62
16.14 DEFERRED COMPENSATION PLAN ............................................................................................ 62
16.15 REOPENERS .................................................................................................................................. 63
16.16 WATER TREATMENT PLANT SCHEDULING – WORK GROUP ................................................. 63
16.17 TERM .............................................................................................................................................. 63 EXHIBIT A – CONTINUING LETTERS OF UNDERSTANDING (LOUs) ...................................... 66 PREAMBLE ................................................................................................................................... 1 ARTICLE 1 – RECOGNITION ........................................................................................................ 1
1.1 RECOGNITION ................................................................................................................................. 1
1.2 EMPLOYEES COVERED BY THIS AGREEMENT .......................................................................... 1
1.3 CAREER DEVELOPMENT TRAINEES ............................................................................................ 2 ARTICLE 2 – SOLE AGREEMENT ................................................................................................ 2
2.1 SOLE AGREEMENT ......................................................................................................................... 2 v
ARTICLE 3 – CITY RIGHTS .......................................................................................................... 2
3.1 CITY RIGHTS .................................................................................................................................... 2 ARTICLE 4 – UNION RIGHTS ....................................................................................................... 3
4.1 PAYROLL DEDUCTIONS ................................................................................................................. 3
4.2 UNION STEWARDS ......................................................................................................................... 5
4.3 LIST OF NEW EMPLOYEES AND ELIGIBLE LISTS ....................................................................... 5
4.4 USE OF CITY INFORMATION SYSTEMS ....................................................................................... 5
4.5 BULLETIN BOARDS ......................................................................................................................... 6
4.6 NEW EMPLOYEE ORIENTATION ................................................................................................... 6 ARTICLE 5 – GRIEVANCE PROCEDURE .................................................................................... 7
5.1 GRIEVANCE PROCEDURE ............................................................................................................. 7
5.2 PURPOSE ......................................................................................................................................... 7
5.3 DEFINITIONS .................................................................................................................................... 7
5.4 TIME LIMITS ..................................................................................................................................... 8
5.5 PRESENTATION .............................................................................................................................. 8
5.6 EMPLOYEE RIGHTS ........................................................................................................................ 8
5.7 APPLICATION ................................................................................................................................... 8
5.8 INFORMAL DISCUSSION ................................................................................................................ 8
5.9 FORMAL GRIEVANCE - STEP ONE ................................................................................................ 8
5.10 FORMAL GRIEVANCE - STEP TWO ............................................................................................... 9
5.11 FORMAL GRIEVANCE - STEP THREE ........................................................................................... 9
5.12 ARBITRATION - STEP FOUR .......................................................................................................... 9 ARTICLE 6 – SALARY ADJUSTMENTS ...................................................................................... 10
6.1 SALARY RANGE ............................................................................................................................ 10
6.2 SALARIES ....................................................................................................................................... 10
6.3 SIGNING BONUS ........................................................................................................................... 10 ARTICLE 7 – SALARY ADMINISTRATION ................................................................................. 10
7.1 ORIGINAL APPOINTMENT COMPENSATION RATE ................................................................... 10
7.2 ADVANCEMENT IN RATE OF COMPENSATION ......................................................................... 11
7.3 EFFECT OF CLASSIFICATION CHANGE ON RATE OF COMPENSATION ................................ 12
7.4 EFFECT OF CHANGE OF SALARY RANGE UPON COMPENSATION ....................................... 12
7.5 RATE OF COMPENSATION UPON RETURN TO CITY SERVICE ............................................... 13
7.6 RATES HIGHER THAN TOP STEP (Y-RATE) ............................................................................... 13
7.7 LONGEVITY PAY ............................................................................................................................ 13 ARTICLE 8 – HEALTH AND WELFARE ...................................................................................... 14
8.1 CONTRIBUTION TO FULL-TIME AND PART-TIME CAREER EMPLOYEES ............................... 14
8.2 CONTRIBUTION TO NON-CAREER EMPLOYEES ...................................................................... 14
8.3 AMOUNT OF CONTRIBUTION ...................................................................................................... 15
8.4 COVERED DEPENDENTS ............................................................................................................. 16
8.5 CASH-BACK LIMITS ....................................................................................................................... 16
8.6 LIFE INSURANCE ........................................................................................................................... 17
8.7 FLEXIBLE SPENDING ACCOUNTS .............................................................................................. 17
8.8 RETIREES OR SURVIVOR DEPENDENTS .................................................................................. 17 ARTICLE 9 – LEAVES ................................................................................................................. 21
9.1 HOLIDAY BENEFITS ...................................................................................................................... 21
9.2 VACATION ...................................................................................................................................... 24 vi
9.3 SICK LEAVE ................................................................................................................................... 26
9.4 COURT LEAVE ............................................................................................................................... 29
9.5 PARENTAL LEAVE ......................................................................................................................... 30
9.6 CATASTROPHIC LEAVE PLAN ..................................................................................................... 31
9.7 PERSONAL TIME OFF (PTO) ........................................................................................................ 33
9.8 STATE DISABILITY INSURANCE (SDI) ......................................................................................... 33
9.9 BEREAVEMENT LEAVE ................................................................................................................ 34
9.10 PAID CITY LEAVE (PCL) ................................................................................................................ 34 ARTICLE 10 – SPECIAL ALLOWANCES .................................................................................... 34
10.1 STANDBY ASSIGNMENTS ............................................................................................................ 34
10.2 CALL-BACK/CALL-IN PAY ............................................................................................................. 35
10.3 TEMPORARY WORK IN A HIGHER CLASSIFICATION ............................................................... 36
10.4 SHIFT DIFFERENTIAL ................................................................................................................... 37
10.5 TUITION REIMBURSEMENT ......................................................................................................... 37
10.6 CONTINUING EDUCATION ........................................................................................................... 37
10.7 REQUIRED LICENSES AND CERTIFICATIONS ........................................................................... 37
10.8 CERTIFICATE INCENTIVES .......................................................................................................... 38
10.9 TECHNOLOGY ALLOWANCE ....................................................................................................... 39
10.10 PROFESSIONAL ENRICHMENT ................................................................................................... 39 ARTICLE 11 – HOURS OF WORK .............................................................................................. 39
11.1 WORK SCHEDULE ......................................................................................................................... 39
11.2 SHIFT BIDS FOR STATIONARY ENGINEERS ............................................................................. 41
11.3 OVERTIME AND COMPENSATING TIME OFF ............................................................................. 41 ARTICLE 12 – LAYOFF ............................................................................................................... 42
12.1 PURPOSE ....................................................................................................................................... 42
12.2 DEFINITIONS .................................................................................................................................. 42
12.3 PROCEDURE ................................................................................................................................. 44
12.4 NOTICE OF LAYOFF ...................................................................................................................... 45
12.5 SALARY IN EVENT OF DOWNGRADE ......................................................................................... 45
12.6 FRINGE BENEFITS ........................................................................................................................ 46
12.7 RECALL .......................................................................................................................................... 46 ARTICLE 13 – DISCIPLINE ......................................................................................................... 47
13.1 DISCIPLINE FOR NON-CAREER EMPLOYEES IN CAREER CLASSIFICATIONS ..................... 47
13.2 LETTER OF REPRIMAND .............................................................................................................. 48
13.3 IN-LIEU DISCIPLINE....................................................................................................................... 48
13.4 DISCIPLINE TOLLING PERIOD ..................................................................................................... 48
13.5 MEDIATION .................................................................................................................................... 49
13.6 DISCIPLINE APPEAL HEARING PROCEDURE ............................................................................ 49
13.7 DECISION ....................................................................................................................................... 49
13.8 WITHDRAWAL OF APPEAL ........................................................................................................... 49
13.9 DISCIPLINE AND DOCUMENTED COUNSELING RETENTION .................................................. 50 ARTICLE 14 – SAFETY SHOES AND SAFETY GLASSES ......................................................... 50
14.1 SAFETY SHOES ............................................................................................................................. 50
14.2 SAFETY GLASSES ......................................................................................................................... 51
14.3 DAMAGE TO PRESCRIPTION SAFETY GLASSES ...................................................................... 51 ARTICLE 15 – UNIFORMS .......................................................................................................... 52 vii
15.1 UNIFORMS ..................................................................................................................................... 52
15.2 FOUL WEATHER JACKET ............................................................................................................. 52 ARTICLE 16 – MISCELLANEOUS ............................................................................................... 52
16.1 SAFETY .......................................................................................................................................... 52
16.2 TRANSPORTATION ....................................................................................................................... 53
16.3 SELECTION OF VACANCIES ........................................................................................................ 53
16.4 STRIKES AND LOCKOUTS ........................................................................................................... 54
16.5 SAVINGS CLAUSE ......................................................................................................................... 54
16.6 EMPLOYEE PERFORMANCE APPRAISALS ................................................................................ 54
16.7 TRIAL PERIOD ............................................................................................................................... 55
16.8 PAYROLL ERRORS ....................................................................................................................... 55
16.9 COMMERCIAL DRIVER LICENSE ................................................................................................. 56
16.10 PERS RETIREMENT PLAN AND CONTRIBUTION ...................................................................... 57
16.11 VOLUNTARY WORK FURLOUGH PROGRAM ............................................................................. 58
16.12 PROBATIONARY PERIOD ............................................................................................................. 58
16.13 ZONAR OR OTHER GLOBAL POSITIONING SYSTEMS (GPS) AND VEHICLE STICKERS ...... 58
16.14 DEFERRED COMPENSATION PLAN ............................................................................................ 59
16.15 REOPENERS .................................................................................................................................. 59
16.16 WATER TREATMENT PLANT SCHEDULING – WORK GROUP ................................................. 59
16.17 TERM .............................................................................................................................................. 59 EXHIBIT A – CONTINUING LETTERS OF UNDERSTANDING (LOUs) ...................................... 62
1 PREAMBLE
This AGREEMENT, hereinafter referred to as the Agreement, entered into by the CITY OF SACRAMENTO, hereinafter referred to as the City, and the INTERNATIONAL UNION OF OPERATING ENGINEERS, STATIONARY ENGINEERS, LOCAL 39, AFL-CIO, hereinafter referred to as the Union, has as its purpose the promotion of harmonious labor relations between the City and the Union, establishment of an equitable and peaceful procedure for the resolution of differences, and the establishment of rates of pay, hours of work, and other conditions of employment.
ARTICLE 1 – RECOGNITION
1.1 RECOGNITION
a. The City hereby recognizes the Union as the exclusive bargaining agent for all employees in the Plant Operator Unit, as defined in the City's Employer- Employee Relations Policy, and agrees to meet and confer and otherwise deal exclusively with the Union on all matters relating to the scope of representation pertaining to the said employees as authorized by law. b. The Union will not object to the State Mediation and Conciliation Service or the American Arbitration Association conducting an election pursuant to the City's Employer-Employee Relations Policy.
1.2 EMPLOYEES COVERED BY THIS AGREEMENT
Any employee working in a job classification in the Plant Operator Unit shall be covered by this Agreement except as hereinafter provided. Additionally, any career employee covered by this Agreement who accepts a temporary appointment to a classification outside this Agreement shall continue to be covered by this Agreement for a period of ninety (90) calendar days. Such temporary appointment shall be treated as an out-of-classification assignment. Similarly, a career employee not covered by this Agreement who accepts a temporary appointment to a classification covered by this Agreement shall not fall under the provisions of this Agreement for a period of ninety (90) calendar days. The City shall not make temporary appointments under this provision for the sole purpose of eroding the bargaining units represented by the Union.
The following terms are defined as used throughout this Agreement:
Career Employees: Those employees having either probationary or permanent status in a classification covered by this Agreement.
Non-Career Employees: Employees working in a classification covered by this Agreement who are not required to serve a probationary period and who therefore
2 have neither probationary nor permanent status. There are the following two (2) categories of non-career employees:
(+1,040): These non-career employees work, within one year of each date of employment, in excess of 1,040 hours during a continuous period of employment of more than six (6) months.
(-1,040): These non-career employees work, within one year of each date of employment, 1,040 or less hours. Included in this category are all non-career employees who do not fall under the (+1,040) definition.
1.3 CAREER DEVELOPMENT TRAINEES
The City shall have the right during the term of the Agreement to establish Career Development Trainee classifications. Such classifications shall have a flat hourly rate of pay equivalent to ten percent (10%) below Step 1, as applicable, of the salary range of the career classification, as shown in the current salary schedule. (For example, if the "1" step hourly rate of pay is $9.00 for the career classification for which the career development training is being conducted, the flat hourly rate for the Career Development Trainee would be $9.00 minus $.90 or $8.10.) An employee appointed as a Career Development Trainee shall have non-career (+1,040) status for purposes of benefit eligibility during the term of the appointment.
ARTICLE 2 – SOLE AGREEMENT
2.1 SOLE AGREEMENT
a. The City and the Union both agree that this Agreement, when signed by both parties hereto, and approved by the City Council, supersedes all other Agreements and supplements and represents the sole agreement between the parties.
b. If during its term, the parties hereto should mutually agree to modify, amend or alter the provisions of the Agreement in any respect, any such change shall be effective only if and when reduced to writing and executed by the authorized representative of the City and the Union. Any such changes validly made shall become a part of this Agreement and subject to its terms.
ARTICLE 3 – CITY RIGHTS
3.1 CITY RIGHTS
The City retains the exclusive right, in accordance with applicable laws, regulations, and the provisions of this Agreement, (a) to direct employees in the performance of their duties; (b) to hire, promote, transfer and assign employees; (c) to classify employees in accordance with applicable Charter, ordinance and Civil Service Board
3 Rule provisions; (d) to discipline employees in accordance with applicable Civil Service Board Rules and Regulations; (e) to dismiss employees because of lack of work, or funds, or for other reasonable cause; (f) to determine the mission of the division and department, its budget, its organization, the number of employees, and the numbers, types, classifications and grades of positions or employees assigned to an organization unit, work project, shift or tour of duty, and the methods and technology of performing its work; and (g) to take whatever action that may be appropriate to carry out its mission in situations of emergency.
ARTICLE 4 – UNION RIGHTS
4.1 PAYROLL DEDUCTIONS
a. In addition to continuing existing payroll deductions for group insurance plans to which the City is or shall hereafter be a contracting party, the City agrees to establish payroll deductions for: (1) the normal and regular monthly Union membership dues, initiation fees, and assessments; (2) the insurance premiums for plans sponsored by the City or the Union, not to exceed three (3) insurance deductions per member.
b. All the above payroll deductions shall be subject to the following conditions:
(1) Such deductions shall be made pursuant to the terms and conditions set forth using the dues authorization form agreed to by the City and the Union, and shall include:
Employee full name
Employee eCAPS ID number or the last four digits of their Social Security number
Amount of percentage of wage for monthly membership dues and/or initiation fee
Additional Union-sponsored deductions (e.g., life insurance) Any additional necessary information
(2) Any changes or modifications to the authorization form shall be agreed upon between the City and the Union.
(3) The authorization form for deductions shall be completed and submitted by the Union to the Payroll Division, Department of Finance. (4) Such deductions shall be made only upon submission of the authorization form by the Union to the Payroll Division, Department of Finance.
(5) When changes in rates affect large groups of Union members, the Union may, in lieu of utilizing the dues authorization form, notify the Labor Relations Division, Department of Human Resources, of the new
4 rate and clearly define the group(s) of Union members who are affected.
(6) The Union is responsible for submitting the dues authorization form to the Payroll Division, Department of Finance, any changes in the amounts to be payroll deducted from the paychecks of employees who have so authorized.
(7) Dues deductions shall occur over twenty-four (24) pay periods per year, which shall be the first two (2) pay periods each month. (8) If for any reason an employee does not have sufficient funds due them to provide for the payment of any of the above payroll deductions after all other authorized or mandatory deductions or garnishments have been made, if any, no such sums shall be payroll deducted and the Union shall assume the duty of direct collection from the employee. (9) Deductions and authorizations shall be separated by type of deduction (e.g., Union membership dues, initiation fees, insurance premiums) and by payee.
(10) Unless notified in writing by the Union of an employee’s request to cancel their dues deductions, the City will continue to deduct union dues, and/or any additional deduction(s) noted. Notification of cancellation will be made utilizing the dues authorization form, notating in the “Additional Information” or “Action” column that it is a “Membership Cancellation.”
(11) The City shall make the Union’s requested dues changes, enroll new members, and/or cancel existing membership as soon as practicable, not to exceed a period of thirty (30) calendar days following notification. (12) The City will remit to the Union a check for all of the deductions. (13) The Union shall indemnify, defend, and hold the City harmless against any claims made of any nature whatsoever, and against any suit instituted against the City arising from its deductions for dues, initiation fees, insurance, or other programs sponsored by the Union. (14) In the event there is a change in the law whereby any provision in this Section becomes invalid, or if for any reason any provision of this Section is rendered unlawful by any published appellate court decision, this Section shall be forthwith deemed amended to comply with the change or decision in question. Upon occurrence of such an event, the parties shall meet and confer as soon as practicable regarding the invalidated or amended provision(s).
5 (15) Employees recalled pursuant to Article 12 shall immediately be enrolled upon recall into the union dues deduction, or other payment that existed at the time of layoff, as appropriate.
4.2 UNION STEWARDS
a. The Union may designate Job Stewards for each of the following areas:
Sacramento River Water Treatment Plant One Steward
Waste Water Facilities One Steward
American River Water Treatment Plant One Steward
Pump Crew One Steward
Convention Center One Steward
Corporation Yard One Steward
b. The Union shall furnish the City with a list of such Stewards after their designation.
c. Stewards shall not conduct Union or representational activities, including grievance handling, on City time unless prior approval is expressly granted by City management.
d. This Article shall not apply to non-career employees.
4.3 LIST OF NEW EMPLOYEES AND ELIGIBLE LISTS
At least every thirty (30) days, the City shall provide the Union with a list of employees who are employed in classifications represented by the bargaining unit.
To the extent it is known, information shall include: name; classification date; job title; department; work location; work, home, and personal cellular phone numbers; personal email address; and the home address of each employee.
The Union will also be notified when applications are being solicited for the establishment of new eligible lists for job classifications represented by the Union.
4.4 USE OF CITY INFORMATION SYSTEMS
a. The Union shall have the right to reasonable use of the City's existing internal mail system for the limited purpose of communicating with employees who have been designated in writing by the Union as Stewards. The envelope for such mail shall contain the following information: Steward's name, Department, Division, and work location. The City shall not be held responsible for untimely or lost mail.
b. The Union may have reasonable use of the City's electronic mail (Outlook) system (email) for the limited purpose of communicating with employees who have been designated in writing by the Union as stewards. Stewards may,
6 with the advance approval of Department management, have reasonable use of City email to fulfill their role as a Steward.
c. Failure to comply with these requirements will result in withdrawal of the use of City information systems.
4.5 BULLETIN BOARDS
a. Space shall be provided on City property, at locations mutually agreed upon, for Union bulletin boards for the posting of the following types of notices:
(1) Union recreational and social activities
(2) Union steward elections
(3) Union appointments and results of Union elections
(4) Union meetings
b. Such other notices as may be allowed by Government Code. The board size shall be no larger than three (3) by four (4) feet.
4.6 NEW EMPLOYEE ORIENTATION
a. Unless otherwise agreed in advance, Union Business Representatives, or their designees, shall be provided up to fifteen (15) minutes to attend the City’s regularly scheduled new-employee orientations so that they may provide information about the Union and the labor agreement.
The new-employee orientation schedule, and the reserved fifteen (15) minutes of time for the Union’s representative(s) to attend, shall be established by the City and provided to the Union. The City shall make a reasonable effort to provide the Union with at least forty-eight (48) hours’ notice of changes to the regular schedule.
b. The Union shall be permitted to have one (1) Union steward attend the new employee orientation so long as their absence from their assignment does not unduly disrupt the operation of the City and the steward obtains their supervisor’s authorization. The steward shall be on City-paid Union release time for up to one (1) hour of regular time; release time shall not create an overtime obligation.
The Union may have only one (1) steward on City-paid release time regardless of the Unit they are in (i.e. Miscellaneous, Plant Operators, General Supervisors).
The City may terminate section 4.6(b) by providing written notice to the Union within thirty (30) calendar days ofprior to the expiration of this Agreement.
7 c. When new-employee orientations occur virtually, the City will include the Union Business Representative on the meeting invitation so that a representative may attend consistent with subsections (a) and (b) above. It is the Union’s responsibility to pre-designate the Union Business Representative contact for the City.
If a Union Business Representative is not available to attend the virtual new- employee orientation, the Union Business Representative may contact the employee and the employee’s department management to schedule a thirty (30) minute meeting with the employee. The meeting shall be either in person at the employee’s primary physical City work location or if that is not practical, may be virtual.
This meeting shall occur within the first thirty (30) calendar days of employment and shall be scheduled within seven (7) calendar days of the Union’s request on a date and time that is mutually agreed upon between the City and the Union Business Representative.
During the meeting, the employee shall be released from duty. The meeting shall occur during the employee’s normally schedule work shift and without loss of compensation to the employee; however, under no circumstance will the meeting take place on overtime.
The City may terminate section 4.6 (c) by providing written notice to the Union within thirty (30) calendar days prior to the expiration of this Agreement.Within ninety (90) calendar days of adoption of this Agreement, at the Union’s written request, the City and the Union agree to meet and discuss new-employee orientations. Absent mutual agreement, the City’s current new-employee orientation process shall remain.
ARTICLE 5 – GRIEVANCE PROCEDURE
5.1 GRIEVANCE PROCEDURE
a. No matter shall be considered as a grievance under this Article unless it is presented in writing within thirty (30) calendar days after occurrence of the events on which the grievance is based. With the consent of the City’s third step representative, the thirty (30) day time limit for filing grievances may be extended.
b. If the City fails to respond to a grievance within the time limits specified for that step, the grievant or Union shall have the right to appeal to the next step. c. At each step of the formal grievance procedure, a copy of the decision shall be sent to the Union or other authorized representative at the same time as the decision is sent to the grievant.
8 5.2 PURPOSE
a. This grievance and arbitration procedure shall be used to process and resolve grievances arising under this Agreement except to the extent that the City Charter vests jurisdiction elsewhere.
b. The purposes of this procedure are:
(1) to resolve grievances informally at the lowest possible level; (2) to provide an orderly procedure for reviewing and resolving grievances promptly.
5.3 DEFINITIONS
a. A grievance is a good faith complaint of one (1) or a group of employees, or a dispute between the City and the Union, involving the interpretation, application, or enforcement of the express terms of this Agreement. b. As used in this procedure, the term "supervisor" means the individual who assigns, reviews and directs the work of the employee.
c. As used in this procedure, the term "party" means an employee, the Union, the City, or their authorized representatives.
d. As used herein, "Union representative" refers to the recognized employee representative group or their agents.
5.4 TIME LIMITS
Each party involved in a grievance shall act quickly so that the grievance may be solved promptly. Every effort should be made to complete action within the time limits contained in the grievance procedure, but with the written consent of the parties the time limitation for any step may be extended.
5.5 PRESENTATION
An employee and/or the Union representative may present a grievance while the employee is on duty, provided such use of on-duty time shall be kept to a reasonable minimum.
5.6 EMPLOYEE RIGHTS
The employee retains all rights conferred by Sections 3500, et seq., of the Government Code or the Rules and Regulations of the Civil Service Board unless waived by such employee.
9 5.7 APPLICATION
Grievances as defined in Section 5.3(a), shall be brought through this procedure.
5.8 INFORMAL DISCUSSION
The grievance initially shall be personally discussed between the employee, and/or the Union representative, and the employee’s supervisor. Within fourteen (14) calendar days of the informal discussion, the supervisor shall give their decision or response.
5.9 FORMAL GRIEVANCE - STEP ONE
a. If an informal grievance is not resolved to the satisfaction of the grievant, a formal grievance may be initiated. A formal grievance may be initiated within fourteen (14) calendar days of the decision rendered in the informal grievance procedure.
b. A formal grievance shall be initiated in writing on a form prescribed by the City and shall be filed with the Division Head. Within fourteen (14) calendar days after the initiation of the formal grievance, the Division Head or designee shall respond to the grievance in writing.
5.10 FORMAL GRIEVANCE - STEP TWO
If the decision rendered pursuant to Step 1 is not satisfactory, the grievant may appeal the decision within fourteen (14) calendar days to the Department Head. The Department Head or designee shall respond in writing within fourteen (14) calendar days to the grievance. If the Department Head or designee determines that it is desirable, they shall hold conferences or otherwise investigate the matter. The employee may be represented by a Union representative.
5.11 FORMAL GRIEVANCE - STEP THREE
a. If the decision rendered pursuant to Step 2 is not satisfactory, the grievant may appeal the decision within fourteen (14) calendar days. The grievant or their representative and the designated representative of the City will meet to hear a grievance appealed to the third step. A grievance appealed to the third step of the grievance procedure shall be heard within fourteen (14) calendar days after the appeal to the third step of the grievance procedure. b. A written answer will be made within fourteen (14) calendar days after the hearing, stating the City's position.
5.12 ARBITRATION - STEP FOUR
a. If the City's designated representative fails to respond in writing as provided in Step 3, or if the response is not satisfactory, the Union shall have the right
10 to refer matters to binding arbitration. The request for arbitration must be given in writing to the Labor Relations Manager by the Union within fourteen (14) calendar days from the date of the third step answer.
b. An impartial arbitrator shall be selected jointly by the parties within fourteen (14) calendar days of receipt of the written demand.
c. Should the parties fail to mutually agree on an arbitrator, they shall make a joint request to the State Mediation and Conciliation Service for a list of five (5) qualified arbitrators. The parties shall alternate striking names from the list and the remaining person shall be accepted as the arbitrator. The first party to strike will be determined by the flip of the coin.
d. The decision of the arbitrator shall be final and binding. e. The arbitrator shall have no authority to add to, delete or alter any provisions of this Agreement, but shall limit their decision to the application and interpretation of its express provisions.
f. The fees and expenses of the arbitrator and the court reporter if required by the arbitrator or requested by a party, shall be shared equally by the parties. g. The City agrees that employees shall not suffer loss of compensation for time spent as a witness at an arbitration hearing held pursuant hereto. The Union agrees that the number of witnesses requested to attend and their scheduling shall be kept to a reasonable minimum.
ARTICLE 6 – SALARY ADJUSTMENTS
6.1 SALARY RANGE
The salary schedule shall consist of eight (8) steps with five percent (5.0%) between steps.
6.2 SALARIES
a. Effective December 30, 2023December 27, 2025, all salary steps shall be increased by one percent (1.0%) six percent (6%).
This increase to all salary steps will be implemented within sixty ninety (690) calendar days after adoption of this Agreement by City Council. Only those employees who are on payroll and who are employed in a classification covered by this Agreement on the date the payment is issued shall be eligible to receive retroactive pay.of implementation will receive the increase retroactively.
11 b. Effective July 13, 2024December 26, 2026, all salary steps shall be increased by two and a half percent (2.5%) four percent (4%).
b.c. Effective December 25, 2027, all salary steps shall be increased by three percent (3.0%).
6.3 SIGNING BONUS
Within forty-fivesixty (4560) calendar days after the adoption of this Agreement by the City Council, the City will pay employees a signing bonus of five hundred dollars ($500.00), less normal and customary payroll deductions. Only those employees who are on payroll and who are employed in a classification covered by this Agreement on the date the payment is made issued will receive the signing bonus.
ARTICLE 7 – SALARY ADMINISTRATION
7.1 ORIGINAL APPOINTMENT COMPENSATION RATE
The rate of compensation upon original appointment shall normally be Step 1, as applicable. However, if the City Manager or designee finds that the appointee has extraordinary qualifications, or that a higher step is necessary in order to recruit, appointment at any step in the range may be made. This provision shall apply to original appointments to career positions and appointments to non-career positions.
7.2 ADVANCEMENT IN RATE OF COMPENSATION
a. Advancement in Steps
(1) Upon successful completion of twenty-six (26) weeks (1,040 hours) of service, an employee shall be advanced to the next higher step of the salary range of the classification. Employees who thereafter maintain a normally satisfactory level of performance shall be advanced automatically at fifty-two (52) week (2,080 hours) intervals to succeeding steps of the assigned salary range.
(2) Time spent on leave of absence without pay of ten (10) or less consecutive workdays shall not affect the step increase eligibility date.
For such leaves in excess of ten (10) consecutive working days, all leave time shall not count toward step increases.
(3) An employee who has completed the required probationary period in their current classification and who is at a salary step lower than top step may be advanced to any higher step in the salary range for that classification at any time. Such step advancement under this provision shall not be subject to the grievance procedure and shall be at the sole discretion of the Department Head.
12 (4) This Section shall not apply to non-career employees. b. Denial of Step Increase and Reduction in-Grade
Employees who do not maintain a satisfactory level of performance may be denied advancement, and may be reduced within grade upon approval of the appointing authority. Employees in the civil service who are denied advancement, or who are reduced in-grade, shall have the right to appeal to the Civil Service Board in accordance with its Rules and Regulations. (This subsection shall not apply to non-career employees.)
c. Effective Date of Step Increases/Payroll Changes
All payroll changes shall be effective on the first day of the bi-weekly pay period following the date the employee became eligible for a pay increase, which bi-weekly pay period shall begin at 12:01 a.m. Saturday of the first week, and end at 12:00 midnight on the Friday of the second week. d. Effective Date of Salary Step Increase Upon Extension of Probationary Period (1) If the probationary period is extended due to light duty, sick leave, or injury-on-duty time, the salary step increase will be delayed for the period of the extension. However, the probationary period shall only be extended if the time exceeds thirty (30) consecutive calendar days. (2) For an employee in a classification with a six (6) month probationary period who successfully completes the extended probationary period, the period of the extension shall be included in determining the eligibility date for the salary step increase. For example, an employee is appointed on January 4, 1986, and works in the regular assignment until April 11, 1986. On April 12, 1986, the employee is on injury-on- duty time until July 4, 1986, and returns to the regular assignment on July 5, 1986. The employee successfully completes the probationary period on September 26, 1986. The effective date on the salary step increase is July 5, 1986, because the period April 12, 1986, to July 4, 1986, is included in determining the salary step eligibility date. (3) If a probationary period is extended due to an unpaid leave of absence, the period of such extension is excluded in determining the eligibility date for a salary step increase.
7.3 EFFECT OF CLASSIFICATION CHANGE ON RATE OF COMPENSATION a. Movement to a Higher Classification
When an employee moves from one classification to another which has a higher salary, through examination, appointment to an exempt position, temporary appointment in the absence of an eligible list, or reallocation, the
13 employee shall receive an increase at least equal to a full in-grade salary step (5%) or Step 1, as applicable, of the higher classification, whichever is greater, but not to exceed the maximum rate of the higher classification. b. Movement to Another Position in the Same Classification or to a Classification with the Same Salary Range
When an employee moves to another position in the same classification or to another classification with the same salary range, the employee shall maintain the same salary and same anniversary date.
c. Movement to a Lower Classification
When an employee's position is reallocated to a classification with a lower salary range, the employee shall suffer no reduction in salary, and the Y-rate provisions of this Agreement shall apply. The salary of an employee who voluntarily demotes shall be that salary step nearest but does not exceed such salary paid in the previous classification.
7.4 EFFECT OF CHANGE OF SALARY RANGE UPON COMPENSATION
Whenever the salary range of a classification is adjusted upward, the salary rate of each employee in the classification shall be adjusted to the step in the new range which corresponds to the step received in the former range, and the employee shall retain the current anniversary date for further increases within the new range.
7.5 RATE OF COMPENSATION UPON RETURN TO CITY SERVICE
a. An employee recalled after layoff, reinstated after a leave of absence, or reemployed in the same classification after resignation shall return to the same salary step paid, and shall be credited with the duration of time spent within the step occupied, at the time of departure. The period of time separated from City service shall not be included in the calculation of the anniversary date for future in-grade salary adjustments. b. If the employee is reemployed after resignation to a classification lower than that in which last employed, the employee may receive any step, but not to exceed the salary of the classification in which last employed. If that step is other than the maximum step of the salary range, the anniversary date for subsequent in-grade adjustments shall be twelve (12) months from the date of reemployment and each year thereafter until the maximum step of the salary range is reached.
7.6 RATES HIGHER THAN TOP STEP (Y-RATE)
Whenever the salary of an employee exceeds top step of the salary range established for a classification, such salary shall be designated as a "Y-rate." During such time as an employee's salary remains above the top step, the employee shall
14 not receive further salary increases, except that upon promotion to a higher classification, the employee shall immediately advance to the step of the range of the higher classification next above the "Y-rate," and be eligible for advancement to succeeding steps in the range as outlined in this Agreement. In the event an employee is "Y-rated" below top step, as applicable, the employee shall be permitted to advance to the maximum step of the original range.
7.7 LONGEVITY PAY (CITY CHARTER)
Employee eligibility for longevity pay as provided in Section 108 of the City Charter shall be determined by an employee’s City Service Seniority as defined in Article 12, Layoff, section Section 12.2 (b)(2). The amount to be paid annually on the second check in July after twenty (20) years of City service shall be one hundred dollars ($100.00), and after twenty-five (25) years of City service, an additional two hundred dollars ($200.00), for a total of three hundred dollars ($300.00). The parties acknowledge that Longevity Pay is provided in the City Charter and not through this Agreement. In the event that changes are made to the City Charter, those changes shall supersede the provision of this Agreement regarding Longevity Pay.
Longevity Pay as provided in the Section shall be reported to CalPERS in a manner consistent with CalPERS rules for reporting special compensation, as amended. The specific language of this proposal is subject to change based on review by CalPERS.
7.8 LONGEVITY PAY (CONTRACT)
a. Employees who have completed seventeen (17) years of City service shall be eligible to receive contract longevity pay as follows:
(1) Effective December 26, 2026, longevity pay will be one percent (1%) of their base rate of pay.
(2) Effective December 25, 2027, longevity pay will be increased by two percent (2%) of their base rate of pay, for a total of three percent (3%). b. Longevity Pay shall be additive and shall not be compounded with any other type of pay or incentive. For purposes of determining employee eligibility for longevity, as provided in this Section, years of service shall be determined by an employee’s City Service Seniority as defined in Article 12, Layoff, Section
12.2 (b)(2).
ARTICLE 8 – HEALTH AND WELFARE
8.1 CONTRIBUTION TO FULL-TIME AND PART-TIME CAREER EMPLOYEES a. The City shall administer a Cafeteria Plan (Plan) for employees consistent with Section 125 of the Internal Revenue Code. The details of Plan eligibility and operational requirements are set forth in Plan documents. The City shall
15 make contributions (City dollars) as defined below. One-half (1/2) of the City contributions will be made to eligible employees on each of the first two (2) paychecks (Eligible Paycheck) each month for insurance coverage the first and second halves of that month, respectively.
b. Eligible employees shall receive a City contribution for each Eligible Paycheck on which the employee is paid for forty (40) or more hours. Employees who are paid less than forty (40) hours on an Eligible Paycheck may continue elected coverage limited to the City's medical, dental, and vision plans for up to six (6) months, or the period of time permitted by the Consolidated Omnibus Budget Reconciliation Act (COBRA), whichever is greater, by personal remittance or other arrangement for payment of the full premiums of any insurance elected to be continued.
c. The amount of City contribution for each of the first two (2) paychecks of each month shall be based on the number of hours for which the employee was paid in that bi-weekly pay period: 64 or more hours paid = 100% contribution; 40-63.9 hours paid = 50% contribution.
d. Notwithstanding subsectionsSection 8.1(b) and 8.1(c), eligible employees shall continue to receive a City contribution for each Eligible Paycheck during:
(1) an approved protected leave of absence, if required by state and federal law; or (2) while suspended from service without pay.
e. All terms and conditions of medical, dental, vision, disability, and basic life insurance sponsored by the City will be as outlined in certificates of coverage and related insurance contracts.
8.2 CONTRIBUTION TO NON-CAREER EMPLOYEES
a. The City shall contribute City dollars as provided below, on either a 100% or 50% basis, for non-career (+1,040) employees. Except as provided herein, the City contribution shall be applied toward the premiums for City-sponsored medical, dental, and vision insurance plans for eligible employees and qualified dependents, if any. The amount of City contribution for each of the first two (2) paychecks of each month shall be based on the number of hours for which the employee was paid in that bi-weekly pay period: 64 or more hours paid = 100% contribution; 40-63.9 hours paid = 50% contribution. b. To be eligible for the City contribution under this Section, the non-career employee must be paid for a minimum of forty (40) hours on each paycheck.
If the employee fails to be paid for the minimum forty (40) hours necessary to receive the City contribution, the City shall deduct from the employee's first two (2) paychecks each month the amount needed to pay for the insurance plans which the employee has selected. If this deduction from the employee's first two (2) paychecks each month cannot be made in its entirety, it is the responsibility of the individual employee to pay for the remaining amount.
16 Failure to do so before the end of the calendar month including such paycheck(s) shall automatically drop the employee from the City-sponsored insurance program until the next open enrollment period.
8.3 AMOUNT OF CONTRIBUTION
a. Employees Enrolled in an Account-Based Health Plan (ABHP) (1) The ABHP is a combination of a High Deductible Health Plan (HDHP) and a Health Savings Account (HSA).
(2) Employees enrolled in an ABHP shall receive the same City contributions as specified in Section 8.3(b), below. To the extent the premium for the ABHP is less than the City contributions outlined in Section 8.3(b), below, any excess City contribution shall be credited to the employee’s HSA to the extent allowed by law.
b. Employees Not Enrolled in an ABHP
(3)(1) For Plan Years Prior to the Effective Date of Subsection (2), the city contributions shall be as follows:City Contributions
i. For full-time employees enrolled in a City-sponsored medical plan for employee only, the City contribution shall be $838.00 per month.
ii.i. Effective December 30, 2023, for fFor full-time employees enrolled in a City-sponsored medical plan for employee only, the City contribution shall be nine hundred seventy-one dollars ($971)55.00 per month.
iii. For full-time employees enrolled in a City-sponsored medical plan for employee plus one (1) dependent, the City contribution shall be $1,333.00 per month.
iv.ii. Effective December 30, 2023, for fFor full-time employees enrolled in a City-sponsored medical plan for employee plus one (1) dependent, the City contribution shall be one thousand five hundred forty-five dollars ($1,545)1,520.00 per month.
v. For full-time employees enrolled in a City-sponsored medical plan for employee plus two (2) or more dependents, the City
contribution shall be $1,777.00 per month.
iii. Effective December 30, 2023, for fFor full-time employees enrolled in a City-sponsored medical plan for employee plus two (2) or more dependents, the City contribution shall be two thousand fifty-one dollars ($2,051)2,026.00 per month.
17 (2) Effective the pay period beginning March 21, 2026, with the increased contribution first appearing on the paycheck issued April 14, 2026, the City’s monthly contributions shall be as follows:
i. For full-time employees enrolled in a City-sponsored medical plan for employee only, the City contribution shall be one thousand fifty-one dollars ($1,051) per month.
ii. For full-time employees enrolled in a City-sponsored medical plan for employee plus one (1) dependent, the City contribution shall be one thousand six hundred seventy-four dollars ($1,674) per month.
iii. For full-time employees enrolled in a City-sponsored medical plan for employee plus two (2) or more dependents, the City
contribution shall be two thousand two hundred thirty dollars ($2,230) per month.
(3) Effective the first Eligible Paycheck of 2027 for plan year 2027, the City shall contribute fifty percent (50%) of the first one hundred dollars ($100) of premium increases, up to a total City dollar maximum contribution of fifty dollars ($50) per month toward the cumulative total increase in premiums, from plan year 2026 to plan year 2027, of the benchmarked twenty-five dollars ($25) Kaiser HMO, Delta Dental PPO, and VSP basic vision plans. The employee shall be responsible for any premium increase(s) which exceed this amount.
If the year-over-year premium increase for the benchmarked twenty- five dollar ($25) Kaiser HMO for any applicable coverage level (Employee Only, Employee +1 dependent, Employee +2 or more dependents) from plan year 2026 to plan year 2027 exceeds ten percent (10%), the parties shall meet and discuss, upon the Union’s request, City dollar contribution increases limited solely to the specific coverage level for which the year-over-year premium increase exceeds ten percent (10%). Absent mutual agreement, the City dollar contribution calculation outlined in this subsection 8.3 (b)(3) shall remain in effect.
(4) Effective the first Eligible Paycheck of 2028 for plan year 2028, the City shall contribute fifty percent (50%) of the first one hundred dollars ($100) of premium increase, up to a total City dollar maximum contribution of fifty dollars ($50) per month toward the cumulative total increase in premiums, from plan year 2027 to plan year 2028, of the benchmarked twenty-five dollar ($25) Kaiser HMO, Delta Dental PPO, and VSP basic vision plans. The employee shall be responsible for any premium increase(s) which exceed this amount.
18 If the year-over-year premium increase for the benchmarked twenty- five dollar ($25) Kaiser HMO for any applicable coverage level (Employee Only, Employee +1 dependent, Employee +2 or more dependents) from plan year 2027 to plan year 2028 exceeds ten percent (10%), the parties shall meet and confer, upon the Union’s request City dollar contribution increases limited solely to the specific coverage level for which the year-over-year premium increase exceeds ten percent (10%).
(4) Full-time employees not enrolled in a City sponsored medical plan shall receive up to $747.00 per month to purchase City-sponsored dental and vision coverage.
c. Full-time employees not enrolled in a City sponsored medical plan shall receive up to $747.00 per month to purchase City-sponsored dental and vision coverage.
b.d. Part-time employees shall receive abe prorated City contribution consistent with subsection as indicated in 8.1(c).
c. Effective the first paycheck of 2025 for plan year 2025, the City shall contribute fifty percent (50%) of the first fifty dollars ($50.00) of premium increases, up to a total City dollar maximum contribution of twenty-five dollars ($25.00) per month, toward the cumulative total increase in premiums, from plan year 2024 to plan year 2025, of the benchmarked twenty-five dollar ($25.00) Kaiser HMO, Delta Dental PPO, and VSP basic vision plans. The employee shall be responsible for any premium increase(s) which exceed this amount. d.e. If all City bargaining units agree to the change, eEmployees who are eligible to receive the City contribution who do not provide proof of other group medical coverage or do not enroll in City medical coverage within thirty (30) calendar days of being eligible for the City’s contribution shall be enrolled in the lowest cost ABHP medical plan for employee only coverage. If all City bargaining units do not agree to the change, the City will continue to enroll such employees in the lowest cost traditional HMO medical plan for employee only coverage.
f. Employees shall not receive any unused portion of the City contribution as cash.
e.g. Changes to the City’s healthcare contribution levels as provided in this Section, including the adjustments effective for plan year 2026, shall not create or entitle employees to a special open enrollment period. Open enrollment opportunities shall occur only as provided in the City’s normal annual benefits cycle or as otherwise required by law.
19 8.4 COVERED DEPENDENTS
a. The following eligible dependents qualify to be enrolled on a City medical, dental, or vision plan: lawfully married spouse or registered domestic partner; children up to age 26 who are an employee’s natural child, stepchild, adopted child, or the natural or adopted child of an employee’s spouse or registered domestic partner; children up to age 26 who are placed under the legal guardianship of an employee, the employee’s spouse, or employee’s registered domestic partner; children up to the age of 26 in which the City has received notice of Qualified Domestic Relations Order of required coverage; and disabled unmarried children over the age of 26 who reside with the employee. The definition of a dependent child for the purposes of medical insurance shall also be in accordance with the Patient Protection and Affordable Care Act.
b. An employee covered as a dependent of another City employee may not enroll in a City medical plan but may enroll in a City dental or vision plan.
8.5 CASH-BACK LIMITS
a. The cash-back of City dollars shall be limited to two hundred dollars ($200.00) per month for career employees who have waived City-sponsored medical insurance continuously since June 29, 2012. Part-time employees shall be prorated as indicated in 8.1(c).
b. New employees or employees who were not receiving the cash-back prior to June 29, 2012, shall not be eligible for any cash-back. c. Employees transferring to classifications covered by this Agreement who are receiving cash-back at the time of transfer may maintain the cash-back option as long as they continuously waive City-sponsored medical insurance.
8.6 LIFE INSURANCE
a. The City provides basic life insurance in an amount of $20,000 to each eligible career employee at no charge. Employees may purchase, at their expense, additional City-sponsored term life insurance of $30,000. b. Employees may also purchase, at their expense, supplemental life insurance at an amount of up to three (3) times their annual salary, subject to limitations specified by the insurance carrier.
8.7 FLEXIBLE SPENDING ACCOUNTS
The City shall offer the following Flexible Spending Accounts (FSA) as permitted by Internal Revenue Service Regulations:
20 a. Out-of-pocket costs for City-sponsored health, dental, and vision insurance plans;
b. Unreimbursed health care expenses; and
c. Dependent care reimbursement.
The City shall provide a summary of IRS rules on flexible spending limits during each open enrollment to both the employees and the Union.
8.8 RETIREES OR SURVIVOR DEPENDENTS
Eligible City retirees or survivor dependents shall receive City retiree insurance contributions for medical, dental, and vision insurance benefits under the following provisions:
a. The maximum City contribution towards the purchase of medical, dental, or vision insurance for retirees is three hundred dollars ($300.00) per month for the retiree. A retiree with one (1) or more dependent(s) enrolled on the retiree’s medical plan shall receive an additional sixty-five dollars ($65.00) per month, for a total maximum monthly contribution of $365.00. Retirees shall not receive any unused portion of the City contribution as cash. b. Employees Retiring On or After July 1, 1992
(1) Except as provided below, to be eligible for the City’s retiree insurance contribution, the employee must retire from active service with a minimum of ten (10) full years of City service for a service or ordinary disability retirement, and age fifty (50).
(2) Employees retiring with thirty (30) or more years of City service shall be eligible for the City's retiree insurance contribution and dental benefit effective with the date of retirement without regard to age. (3) The City's retiree insurance contribution shall be as follows:
(a) Employees with a minimum ten (10) full years of City service but less than fifteen (15) full years of City service shall be eligible to a maximum of fifty percent (50%) of the City's maximum retiree insurance contribution identified in subsection 8.8(a) above. (b) Employees with a minimum fifteen (15) full years of City service but less than twenty (20) full years of City service shall be eligible to a maximum of seventy-five percent (75%) of the City's maximum retiree insurance contribution identified in subsection
8.8(a) above.
21 (c) Employees with a minimum of twenty (20) full years of City service shall be eligible for up to one hundred percent (100%) of the City's maximum retiree insurance contribution identified in subsection 8.8(a) above.
(4) There shall be no City retiree insurance contribution or for retirees with less than ten (10) full years of City service.
(5) An employee who does not retire from the Sacramento City Employee Retirement System (SCERS) of the California Public Employee Retirement System (CalPERS) within one-hundred twenty (120) days from the date of separation from City service shall not be eligible for the City’s retiree insurance contribution and may not enroll in a City medical, dental, or vision plan.
c. Retiree Insurance Contribution for Persons in Deferred Retirement Status as of January 1, 1991
Employees who have elected a deferred retirement prior to January 1, 1991, and who then elect to retire on or after July 1, 1992, and before January 23, 2018, shall be eligible to the City's retiree insurance contribution as follows:
(1) A retiree with at least ten (10) full years of City service shall be eligible for fifty percent (50%) of the City's retiree insurance contribution as identified in subsection 8.8(a) above.
(2) A retiree with twenty (20) full years or more of City service shall be eligible for one hundred percent (100%) of the City's retiree insurance contribution as identified in subsection 8.8(a) above.
(3) Retirees must be at least fifty (50) years of age.
(4) There is no eligibility for retiree insurance contribution for retirees with less than ten (10) full years of City service or who have not attained the age minimum specified in subsection 8.8(b) above.
d. Pre-Medicare Eligible Retirees
Retirees who are not eligible for Medicare benefits may elect to participate in a City-sponsored medical plan or purchase an individual medical plan. A retiree who elects to purchase a medical plan not sponsored by the City shall be eligible to reenroll in a City-sponsored medical plan within two (2) consecutive plan years of waiving City coverage.
22 e. Retiree Insurance Contribution Exclusion
Retirees who participate in another group medical plan as an employee or dependent spouse shall not be eligible for the City contribution as provided in subsection 8.8(a) above.
f. Industrial Disability or Death in Line of Duty Survivors Retirees who receive industrial disability pensions or death in-line-of-duty survivors shall be entitled to one hundred percent (100%) of the City retiree insurance contribution for retirees regardless of years of service. g. Survivor Dependents Benefits
Survivor dependents of eligible retirees shall continue to receive the retiree insurance contribution of up to three hundred dollars ($300).00 for the survivor only or up to three hundred sixty-five dollars ($365).00 for the survivor dependent and an eligible dependent.
“Eligible dependent,” as used in this Section, is defined as a dependent who was eligible to be enrolled on the retiree’s benefit plan at the time of the retiree’s death.
h. Medicare Supplement
In order to maintain eligibility for the City’s retiree insurance contribution, each eligible retiree and dependent shall enroll in Medicare Parts A and B immediately after becoming eligible for such benefits.
i. Limitation Clause
No employee or retiree shall have any rights provided by Section 8.8 (Retirees or Survivor Dependents) after December 22, 2028 26, 2025. j. Elimination of Retiree or Survivors Dependents Benefits for Employees Hired After June 30, 2012
Unless otherwise required by law, no employee hired, reemployed, or rehired on or after June 30, 2012, shall be eligible for any of the benefits provided in Section 8.8 (Retirees or Survivor Dependents). Employees being recalled from layoff, reinstated consistent with Rules and Regulations of the Civil Service Board, Rule 10.6, or transferring to classifications covered by this Agreement after June 30, 2012, shall be eligible for the benefits provided by this Section only if the employee was eligible for retiree or survivor dependent benefits at the time of layoff, reinstatement, or transfer.
23 k. Resuming Retiree or Survivor Dependents Benefits for Eligible Personnel Who Unretire from City service and Subsequently Re-Retire from City Service On/After January 13, 2024
Individuals retired from classifications represented by the Union who are eligible for retiree or survivor dependents benefits under Section 8.8 shall have these benefits suspended if they elect to unretire and return to active employment with the City of Sacramento.
Notwithstanding Section 8.8(j), upon re-retirement from a classification representative by the Union, retirees who were eligible for retiree or survivor dependents benefits under Section 8.8 at the time of their first retirement, shall receive the City contribution to which they were entitled upon their original retirement date. Years of service during the employee's return to active employment will not be used to determine any employee’s entitlement to the City’s retiree insurance contribution under Section 8.8.
Example: An employee retires from a classification represented by the Union with fifteen (15) years of City service. The employee is eligible for 75% of the City’s retiree insurance contribution. The individual unretires and works in a Union represented
classification for another ten (10) years. When the employee re- retires, the employee is only eligible for the fifteen (15) year contribution amount, irrespective of any additional years of service worked for the City.
ARTICLE 9 – LEAVES
9.1 HOLIDAY BENEFITS
a. The existing work schedule for employees on a four on/two off/five on/two off shift, provides for sixty-four (64) hours of recognized holiday benefits.
Employees on this shift schedule, in lieu of other recognized holidays, shall be credited with an additional recognized holiday credit at the end of each calendar year of fifty-eight (580) hours. Holiday credit may be taken as holiday time off or paid at the straight-time hourly rate, based on employee preference and operational needs.
b. The following shall be the recognized holidays under this Agreement:
Holiday Date
New Year's Day January 1
Martin Luther King's Birthday Third Monday in January
Washington's Birthday Third Monday in February
Cesar Chavez's Birthday March 31
Memorial Day Last Monday in May
24 Juneteenth June 19
Independence Day July 4
Labor Day First Monday in September
Veteran's Day November 11
Thanksgiving Day Fourth Thursday in November
Day after Thanksgiving Day Friday after Thanksgiving
Christmas Eve (4 hours) December 24
Christmas Day December 25
New Year's Eve (4 hours) December 31
c. Eligibility
(1) To be eligible for holiday pay, the employee shall work their last scheduled shift before the recognized holiday and their first scheduled shift after the recognized holiday, unless the employee was on pay status on authorized vacation, sick leave or compensating time off on either or both of these workdays.
(2) A part-time career employee, including an employee in a work sharing program, or a non-career (+1,040) employee shall receive the recognized holiday benefit based upon the number of hours the employee was paid in that workweek as follows:
Number of Minimum Number of Paid
Recognized Holidays Hours in the Workweek
in the Workweek 50% Benefit 100% Benefit
0.5 18 28.8
1.0 16 25.6
1.5 14 22.4
2.0 12 19.2
Number of
Recognized Holidays
in the Workweek
Minimum Number of Paid Hours in the
Workweek
50% Benefit 100% Benefit
0.5 18 28.8
1.0 16 25.6
1.5 14 22.4
2.0 12 19.2
An employee paid for less than the minimum number of hours required for the fifty percent (50%) benefit shall receive no recognized holiday benefit.
25 d. Monday-Friday Schedule
If an employee's scheduled days off are Saturday and Sunday during a standard City workweek in which a recognized holiday falls, the following shall apply:
(1) If the recognized holiday falls on a Saturday, the preceding Friday shall be considered the employee's holiday.
(2) If the recognized holiday falls on a Sunday, the following Monday shall be considered the employee's holiday.
(3) An employee who is scheduled to work on a recognized holiday shall receive holiday pay plus time and one-half compensation for working the holiday.
e. Weekend Schedule
If an employee's scheduled days off are other than Saturday and Sunday during the standard City workweek in which a recognized holiday falls, the following shall apply:
(1) The actual dates as listed above shall be considered as the employee's holiday.
(2) If the recognized holiday falls on the employee's scheduled day off, the employee shall accrue holiday credit for the hours of the holiday benefit.
(3) An employee who is regularly scheduled to work on a recognized holiday shall receive holiday pay plus time and one-half compensation for working the holiday.
f. Holiday Credit Accumulation
The maximum holiday credit accumulation is fifty-six (56 hours). Any amount over fifty-six (56) hours shall be paid to the employee at their straight-time hourly rate of pay. Holiday credit may be taken by the employee at the discretion of the Department Head.
g. Consecutive Christmas or Thanksgiving Days
(1) If an employee, within the same permanent job classification, works on three (3) consecutive Christmas Days or three (3) consecutive Thanksgiving Days, such employee shall receive holiday pay plus time and one-half (1.5) for all hours worked on the holiday plus eight (8) hours holiday credit for working the third consecutive Christmas Day or Thanksgiving Day. An employee must notify their Superintendent that
26 they are scheduled to work three (3) consecutive Christmas Days or Thanksgiving Days, a minimum of forty-five (45) calendar days prior to such third consecutive Christmas Day or Thanksgiving Day to be eligible for the above-stated benefit.
(2) To avoid payment of the above-stated benefit, the City shall have the right to reschedule one of the employee's regularly scheduled days off for the third consecutive Thanksgiving or Christmas. Considering the request of the employee, the regular days off to be rescheduled shall be one of the employee's two (2) consecutive days off immediately preceding or immediately following the applicable holiday. Once the forty-five (45) day notice is given, the City shall have the right to reschedule the employee. If the employee does not give the forty-five (45) day notice they are not eligible for the extra compensation but may give the required notice if scheduled to work a fourth consecutive Thanksgiving or Christmas. The employee who gives the forty-five (45) day notice and is rescheduled must begin the consecutive Thanksgiving or Christmas count over again.
h. Floating Holidays
(1) Accrual
(a) In addition to the recognized holidays specified above, employees shall receive the equivalent of two (2) floating holidays per calendar year accrued as follows:
(i) Full-time career employees shall accrue forty (40)
minutes of floating holiday on each of the first two (2) paychecks each month as long as the employee is in
paid status forty (40) or more hours on the paycheck that the accrual would occur.
(ii) A part-time career employee, including an employee in a work sharing program or a non-career (+1,040) employee
shall accrue floating holiday credit based on the number of hours for which the employee was paid in that bi-
weekly pay period: 64 or more hours paid = 100%
accrual; 40-63.9 hours paid = 50% accrual.
(2) Administration
(a) The scheduling of floating holiday time must be approved in advance by the appointing authority or designee.
(b) An employee may carry over from the preceding calendar year a maximum of eight (8) hours of floating holiday. All floating hours accrued and not used in excess of eight (8) hours shall be
27 paid to the employee at the employee’s straight-time hourly rate of pay on the final paycheck of the calendar year in which it was earned.
(c) An employee separating from City employment for any reason shall be paid for all accrued floating holiday time at the straight- time hourly rate of pay.
(3) Close Operations/Conversion of Floating Holiday
(a) The City may elect to close operations for a full day on Christmas Eve and New Year’s Eve and eliminate one (1)
floating holiday. The City agrees to meet and confer on the impacts associated with the implementation of the conversion of the floating holiday to the extent required by law.
i. Christmas Eve and New Year's Eve Holidays
In the event an eligible employee cannot be scheduled off the last four (4) hours of the work shift, or applicable pro-ration for part-time employees, on the two (2) four (4) hour recognized holidays before Christmas and New Year's, the holidays shall be observed as a single holiday, at the discretion of the City, on Christmas Eve or New Year's Eve.
9.2 VACATION
a. Vacation Leave Accrual
(1) Employees with less than five (5) full years of service shall earn eighty (80) hours of vacation each year which shall accrue at three (3) hours, twenty (20) minutes on each of the first two (2) paychecks each month. (2) Employees with more than five (5) full years of service and less than fifteen (15) full years of service shall earn one hundred twenty (120) hours of vacation each year which shall accrue at five (5) hours on each of the first two (2) paychecks each month.
(3) Employees with more than fifteen (15) full years of service shall earn one hundred sixty (160) hours of vacation each year which shall accrue at six (6) hours, forty (40) minutes on each of the first two (2) paychecks each month.
(4) Continuous career service and contiguous non-career service prior to the date of appointment to a career classification shall be used to determine the vacation accrual date used in determining the above accrual rates.
28 (5) An employee’s maximum accrual of vacation shall not exceed four hundred and eighty (480) hours. Accrual shall be suspended until the balance is brought below the maximum accrual amount. Accrual will resume on the applicable paycheck following the paycheck in which the balance is brought down.
b. Employees who are eligible to receive a cash payment in-lieu of vacation leave, as provided in Section 107(d) of the Sacramento City Charter, may make an irrevocable election to receive such payment by foregoing the same number of vacation hours in the calendar year following the election.
Notification of the election must be made to the Payroll Division, Department of Finance, in writing by November 30. The in-lieu payment will be made to the employee on the last paycheck in March of the calendar year following the election. Payment shall be made at the straight time hourly rate of pay the employee is receiving at the time payment is made. If the employee electing the in-lieu payment separates from City employment for any purpose before receiving the in-lieu payment, the employee forfeits any right to receive the payment, but will instead have their vacation leave balances credited with the amount of hours that would have accrued from January 1 to the last day of employment.
c. Integration of Vacation with Workers’ Compensation
Where a career employee sustains an injury covered by workers' compensation and has utilized all of the one year "injury-on-duty time" as provided under City Charter Section 253, or former City Charter Section 167, as the case may be, and consequently is receiving straight workers' compensation temporary disability payments, the employee will be allowed to utilize (while off work) accrued vacation time in partial day increments in addition to receiving workers' compensation temporary disability payments with the total aggregate payment of temporary disability and vacation pay not to exceed one hundred percent (100%) of the employee’s regular rate of pay.
As a condition of so using such accrued vacation, however, the employee is required to continuously utilize accrued vacation until accrued vacation is exhausted or they return to work. This provision also applies to any accrued leave with the exception as noted in 9.4, Sick Leave.
d. Vacation Scheduling
(1) Employees shall submit a written request on or before May 1 of each year to receive priority for the vacation period desired. Vacations will be assigned on a "first come, first served" basis as work schedules permit. In the event two (2) employees request the same vacation period simultaneously, the conflict will be resolved in favor of the employee with the greater seniority within the current classification. In case of a tie, the vacation preference of the employee with the greatest City service seniority shall prevail. Seniority shall be exercised only
29 once by each employee in each successive choice of vacation periods.
Requests for vacation after May 1 will be granted only where vacancies exist or manpower requirements permit. Employees may request vacations of any duration, which may be granted with the approval of the Department Head or designee. The supervisor may approve any vacation request which is not submitted in writing at least twenty-four (24) hours prior to the requested vacation period.
(2) Non-career employees shall be eligible to request vacation after career employees have done so.
9.3 SICK LEAVE
a. Accrual and Usage
(1) A full-time employee shall accrue sick leave at the rate of four (4) hours on each of the first two (2) paychecks each month which may be used at the discretion of the employee in the event of illness or injury which is not job-related. In accordance with the Rules and Regulations of the Civil Service Board, one-third (1/3) of the employee’s accrued sick leave may be used after exhaustion of injury-on-duty time; however, the combination of temporary disability payments and sick leave pay shall not exceed one hundred percent (100%) of the employee’s regular rate of pay. Such usage shall not exceed the maximum amount of the employee's accumulation. A part-time career or non-career (+1,040) employee shall earn sick leave on a pro rata basis. (2) An employee who while on vacation is bedridden for three (3) or more days, or hospitalized for one or more days, due to illness or injury may have such days charged to accrued sick leave provided the employee submits appropriate written verification from the treating doctor or the hospital in which they were confined.
(3) Employees who have at least four hundred and eighty (480) hours of sick leave on the last day of the pay period ending on or before November 1 in any calendar year, may make an irrevocable election to forego the accrual of not more than twenty-four (24) hours of sick leave during the following calendar year and receive instead a cash payment for the number of sick leave hours designated in the election. (4) Notification of the irrevocable election must be made in writing to the Payroll Division, Department of Finance, between November 1 and November 30. The payment will be made on the last paycheck in May of the calendar year following the irrevocable election. Payment shall be made at the hourly rate of pay the employee is receiving at the time the payment is made.
30 (5) If the employee electing the payment is separated from City employment before receiving the payment, the employee forfeits any right to the payment, but will instead have their sick leave balances credited with the sick leave hours the employee would have accrued from the January 1 following the date of election to the last day of employment.
b. Sick Leave Cash-Out/Conversion To PERS Service Credit (1) PERS
(a) PERS members hired prior to January 1, 2005, with more than twenty (20) years of City service, shall be eligible to cash out sick leave and/or convert sick leave to PERS service credit upon separation as follows:
(i) Eligible employees may receive payment for thirty-three and one-third percent (33-1/3%) of the total sick leave credits accumulated (to the nearest full day) by the
employee on the date of their retirement, resignation, or layoff.
(ii) Eligible employees with an effective retirement date from PERS within one hundred twenty (120) calendar days of
their separation from City service may also convert any or all of their total sick leave credits accrued, less any payment received pursuant to sub-paragraph (i), above,
to PERS service credit as of the date of their retirement consistent with and pursuant to the PERS contract with
the City, as amended.
(iii) Individuals identified pursuant to California Government Code Section 53245 as being the person designated on
the employee’s “Designation of Person Authorized to
Receive Warrants” form, or in the absence of an identified person pursuant to California Government Code Section
53245, persons entitled by law to the possession of the estate of a deceased employee who was eligible to cash
out sick leave credits pursuant to sub-paragraph (i),
above, may receive payment for thirty-three and one-
third percent (33-1/3%) of the total sick leave credits accumulated (to the nearest full day) by the employee on the date of the employee's death.
(b) Employees hired, rehired, or reemployed on or after January 1, 2005, shall not be eligible for payment of any portion of accumulated sick leave credits upon retirement, resignation, or
31 layoff regardless of their years of service. However, employees hired, rehired, or reemployed on or after January 1, 2005, may convert their remaining sick leave balance to service credit consistent with law and pursuant to the PERS contract with the City upon separation of employment for retirement.
(c) No employee whose services are terminated by reason of discharge for cause shall be eligible for payment of any portion of accumulated sick leave credits.
(2) SCERS
Upon termination of any employee in SCERS eligible to accumulate sick leave credits for reasons of retirement, resignation, and/or layoff after service for a period of not less than two (2) years, or death, such employee (or those entitled by law to the possession of the estate of a deceased employee) shall receive payment for thirty-three and one- third percent (33-1/3%) of the total sick leave credits accumulated (to the nearest full day) by the employee on the date of such retirement, resignation, layoff, or death. No employee whose services are terminated by reason of discharge for cause, or by reason of resignation or layoff prior to the completion of two (2) years of service, shall be eligible for payment of any portion of accumulated sick leave credits.
c. Reinstatement of Sick Leave After Return From Layoff Any employee who is laid off and receives payment for thirty-three and one- third percent (33-1/3%) of their total accumulated sick leave credits shall be credited with the remaining sixty-six and two-thirds percent (66-2/3%) of their accumulated sick leave credits if and when said employee is recalled. If said employee thereafter leaves City service after being recalled and is entitled to payment of their accumulated sick leave credits under this Section, said employee shall only receive payment for thirty-three and one-third percent (33-1/3%) of those sick leave credits which accrued after the date of recall. d. Utilization of Sick Leave
Use of sick leave is governed by the Citywide Sick Leave Policy, the Rules and Regulations of the Civil Service Board, Rule 16 and Attachment A to the Rules and Regulations of the Civil Service Board.
e. Administration of Sick Leave
The Rules and Regulations of the Civil Service Board relating to the administration of sick leave privileges and benefits and the Citywide Sick Leave Policy shall apply to all eligible employees.
32 f. Sick Leave Credit Limitation
Except as provided herein, no payments made or sick leave credits accumulated shall be construed or deemed to constitute retirement benefits payable to employees of the City.
g. Sick Leave Verification
Departments shall notify and receive approval from the Citywide Leave Administrator in the Department of Human Resources, prior to placing employees on sick leave verification to ensure compliance with appropriate laws and policies. Employees placed on sick leave verification may request to be removed after three (3) months, or earlier based upon appropriate City policy. If it is determined by the Citywide Leave Administrator in the Department of Human Resources that the employee is in compliance with the policy, the employee shall be removed from sick leave verification. If the employee is not in compliance, the employee may request to be removed on a monthly basis thereafter.
9.4 COURT LEAVE
a. When an employee is absent from work to testify in response to a subpoena issued by a court of competent jurisdiction in a non-work related matter to which the employee is not a party, or to serve on a jury or to report for jury duty examination, the employee shall be granted pay for those hours which the employee is absent for such reason. The City may require the employee to elect to be on telephone alert and remain on the job until such time as called to testify or serve jury duty. When an employee is required to be on telephone alert, the employee will cooperate with the court or Jury Commissioner and the City will be responsible to ensure that the employee is available for jury duty. Pay for work time lost shall be computed at the employee's straight time hourly rate of pay at the time of such absence. The employee shall return all witness fees or jury remuneration received, less transportation allowance, to the City.
b. A swing shift or graveyard shift employee shall notify the supervisor, whenever possible, well in advance of the expected date(s) of court appearance or jury duty. The supervisor, when notified in advance, shall change the employee’s shift from swing or graveyard to a day shift for the day(s) court appearance or for duration of jury duty. Employee’s shifts shall be changed to a “day shift” only for days on which the courts are in session. The regularly assigned days of work shall remain the same.
c. If the swing or graveyard shift employee serves in excess of one-half the scheduled shift in court or on jury duty, the employee will notify the supervisor so they will be excused from the remaining day shift. If the employee is in
33 court or on jury duty less than one-half of the day shift, the employee will be required to return to work.
d. A graveyard shift employee may request to take off the shift after the court leave and use accrued vacation or other leave accruals to cover the shift. e. To receive pay for work time lost, an employee must provide the City with a statement signed by an official of the court certifying the employee's service as a witness or juror or appearance in court for such purposes, the date or dates of attendance, the time released from attendance and the compensation paid exclusive of any transportation and subsistence allowance. f. When a non-career employee is regularly scheduled to work and is ordered to report to testify or for jury duty said employee shall be entitled to court leave benefits in accordance with the above-stated procedure.
9.5 PARENTAL LEAVE
a. Effective January 12, 1991, the current Pregnancy Disability Leave Policy for female employees shall be replaced by a parental leave policy for both male and female employees with the following provisions:
(1) Full-time career employees shall be eligible for a maximum City-paid parental leave of four (4) weeks consisting of up to one hundred-sixty (160) hours of continuous paid time off. Part-time career employees shall be eligible for up to eighty (80) hours of continuous City-paid time off during the four (4) week parental leave. Unused parental leave shall have no cash value. Non-career employees are not eligible for the four (4) weeks of City-paid parental leave.
(2) To be eligible for the paid leave an employee hired on or before June 23, 1995 must have completed at least 2,080 hours of service from the most recent date of hire, or an employee hired on or after June 24, 1995 must have completed at least 6,240 hours of service from the most recent date of hire, preceding either (a) the birth of a child who resides with the employee and for whom the employee has legal custody, or (b) the adoption of a child under age four (4) who resides with the employee and for whom the employee has physical and legal custody. Court-appointed legal guardians and foster parents do not qualify for parental leave.
(3) Eligible employees shall have the right to only one leave of absence per pregnancy or adoption regardless of the number of children involved (e.g., twins). The duration of City-paid leave shall not change based on a change in employment status, such as from part-time to full-time career.
34 (4) Upon return from parental leave on the date previously authorized, employees shall be reinstated in the former Department and in the classification last held.
(5) Eligible employees shall have the right to extend parental leave beyond the four (4) weeks of City-paid leave to the maximum six (6) months of leave by adding accrued and available hours of sick leave, vacation, compensatory time off (CTO), accrued holiday, and/or unpaid leave to their initial request for parental leave. The total period of absence from work, including the four (4) weeks of paid parental leave, shall not exceed six (6) months.
(6) Paid parental leave shall be considered as time worked for purposes of eligibility for recognized holidays occurring during the leave. b. The City shall have the right to promulgate a policy and procedure to implement and administer parental leave.
9.6 CATASTROPHIC LEAVE PLAN
a. A benefit-qualified employee may donate to or receive from an unrepresented employee, or a represented employee whose bargaining agreement provides for such donation or receipt, usable vacation, floating holiday, management leave, or compensating time off hours. Participation in this plan shall be voluntary. Sick leave may not be donated under this plan. b. All donations shall be made and accepted in writing using City-provided forms. c. The donation in any category must be a minimum of eight (8) hours of usable time.
d. Donations shall be on an hour-for-hour basis, regardless of the pay rates of the donor and recipient, except hours transferred between employees on the Fire Suppression fifty-six (56 hours) schedule and the non-Fire Suppression forty (40 hours) schedule shall be adjusted by a factor of 1.4 to 1. e. Hours to be donated shall be kept in a pledge status until used. As needed, pledged hours shall be debited from the donor's leave balance and credited to the recipient's usable vacation accrual balance. Once credited, the donation becomes irrevocable. A donor terminating for any reason shall be paid for pledged but unused leave time.
f. Management employees may only receive donations from management employees. A non-management employee may not receive donations from a subordinate employee where a direct supervisor/subordinate relationship exists. Any exception to this paragraph must be approved by the City Manager or designee.
35 g. To be eligible to use donations, an employee must:
(1) be incapacitated and unable to work due to a prolonged catastrophic non-industrial illness or injury which is estimated to last for at least thirty (30) calendar days;
(2) have exhausted all usable balances, including sick leave; (3) be on an approved leave of absence.
h. All donated hours must be used on a continuous and uninterrupted basis and will be paid at the rate of pay and normal work schedule of the recipient, along with all usable hours accrued, until the earliest of the following events occurs:
(1) All leave balances, including both donated and accrued leave, are exhausted; or
(2) The employee returns to work at their normal work schedule; or (3) The employee's employment terminates.
i. Donations received while a recipient is still utilizing previously donated and related accrued leave time may be used immediately thereafter. Hours donated subsequent to exhausting all donated hours shall be accumulated and utilized along with related accrued leave hours in amounts equal to the recipient's normal bi-weekly work hours.
j. Used donated leave time shall count toward the application of City service and benefits in the same manner as when the employee is on paid vacation leave. k. Used donated leave time shall be subject to the recipient's normal payroll deductions.
9.7 PERSONAL TIME OFF (PTO)
a. Full-time career employees who have completed ten (10) full years of City service shall be credited with twenty-four (24) hours of personal time off (PTO). Part-time career employees shall be credited with a prorated amount of time based on their regular schedule. Eligible employees will receive this PTO each year on the paycheck representing the first full pay period that includes January 1.
b. Employees who separate service and who are subsequently reemployed, pursuant to Article 12.2(b)(5)(a), into a classification covered by this Agreement, will receive credit toward PTO eligibility for their previous years of City service upon successful completion of probation, on a go-forward basis.
For purposes of determining eligibility to receive PTO, pursuant to this
36 paragraph, an employee must complete probation prior to January 1 of the calendar year in which it is provided.
c. Use of PTO shall not cause overtime.
d. PTO shall not accumulate from year to year and shall have no cash value. If an employee is unable to use all of the time by the end of the calendar year based on operational need, the Department may approve carry-over to the next year. In all other cases, the time shall be forfeited.
9.8 STATE DISABILITY INSURANCE (SDI)
a. Eligible career employees who file for SDI benefits in accordance with applicable State of California rules and procedures may integrate such SDI benefits with their own leave balances. Integration is where the SDI benefit and the monetary value of the employee’s leave balances combine to provide a bi-weekly adjusted net income which is equivalent to 100% of the employee’s regular net income so long as available leave balances and SDI eligibility permits. The regular net income is the employee’s gross income, less any required deductions such as taxes, retirement and SDI insurance premiums, as well as any other mandatory deductions. Other employee- authorized deductions shall be deducted from the resultant net pay. b. Eligible career employees may integrate the following accrued City leave balances with SDI:
(1) Sick Leave
(2) Personal Leave
(3) Compensating Time Off (CTO)
(4) Holiday Leave
(5) Vacation Leave
c. Eligible part-time career employees shall be included in this program on a pro- rata basis.
9.9 BEREAVEMENT LEAVE
An employee may receive up to twenty-four (24) hours of City-paid leave for bereavement based on the death of the employee‘s spouse, parent, sibling, child, grandchild or grandparent as defined herein. The employee may use sick leave as authorized by Civil Service Board Rule 16, Sick Leave, for additional time off or to attend to other death, bereavement or funeral needs.
37 9.10 PAID CITY LEAVE (PCL)
a. Employees who are employed in a classification covered by this Agreement on January 1, 2022, shall receive a one-time leave bank contribution of thirty- five (35) hours of Paid City Leave. This Paid City Leave shall not expire, and shall have no cash value except as follows:
(1) Employees receiving Paid City Leave contribution described in Section
9.10(a) may make an irrevocable election to receive a cash payment in lieu of using the leave. Notification of the election to receive this cash payment must be made to the Payroll Division, Department of Finance, in writing by November 30, 2022. Employees making the irrevocable election shall receive the payment on their paycheck representing the first pay period following their election at the straight time rate of pay they are receiving at the time of payment, less ordinary payroll deductions.
(2) Upon separation from City service, employees with a balance of the Paid City Leave described in Section 9.10(a) shall receive a payment for the Paid City Leave balance at the straight time rate of pay they are receiving at the time of the payment, less ordinary payroll deductions.
ARTICLE 10 – SPECIAL ALLOWANCES
10.1 STANDBY ASSIGNMENTS
a. Employees who are required to remain on standby for emergency work shall be paid $280.00 per week, or the daily pro rata rate of $40.00, in addition to their regular compensation. Employees who are called out while on standby shall receive two (2) hours minimum pay at their regular rate of pay, or consistent with Article 11.3, and one and one-half (1 ½) times their regular rate of pay, whichever is greater.
b. Effective July 13, 2024, employees who are required to remain on standby for emergency work shall be paid $329.00 per week, or the daily pro rata rate of $47.00, in addition to their regular compensation. Employees who are called out while on standby shall receive two (2) hours minimum pay at their regular rate of pay, or consistent with Article 11.3, and one and one-half (1 ½) times their regular rate of pay, whichever is greater.
c. Employees who are on standby assignment on New Year's Day, Christmas Day, Thanksgiving Day or the 4th of July shall receive twelve (12) hours of holiday credit.
d. If an employee is assigned to standby and receives telephone contacts and engages in problem resolution which totals in excess of fifteen (15) minutes, the employee shall receive the two-hour minimum, or actual time worked,
38 whichever is greater. Additional calls during that two-hour period are covered under that minimum time.
e. An employee who is on standby and required to report to the Pioneer Reservoir Plant, Sump 2 or Sump 2A shall be paid mileage at the IRS rate for the use of their personal vehicle to and from home and the reporting location.
In the event that an employee assigned to these sites must travel to another location, the employee shall utilize a City vehicle for such additional travel. f. An employee who is on standby and required to report to any location other than those identified in (d) above shall be paid mileage at the IRS rate for the use of their personal vehicle to and from home and any City facility where the employee will obtain a City vehicle to report to the assigned location. g. The City will maintain at least one (1) vehicle for on-call/standby use at three (3) locations identified in (d) and (e).
h. Employees who are issued a City cell phone, laptop and/or pager are not on standby unless assigned by the appointing authority.
i. With the exception of sick leave, employees may use any type of authorized leave, including, but not limited to, vacation; CTO; holiday credit; etc. during their standby assignment, so long as they remain available for their standby assignment. An employee utilizing sick leave who is unable to work due to a personal illness, shall not receive standby pay for the day(s) out sick.
Employees who fall ill after hours while they are on standby, shall notify the Standby Supervisor who will find a replacement for the day(s) the employee is out sick. The standby assignment may resume when the employee returns to work.
10.2 CALL-BACK/CALL-IN PAY
a. An employee who has completed their regular shift and has left City premises and is called back to work, shall receive a minimum of two (2) hours pay at straight time base rate of pay, or the overtime rate of time and one-half consistent with Article 11.3.
b. Provided, however, that this shall not apply to an employee who is requested to report early for their assigned shift, i.e., who is ordered to report for duty earlier than the scheduled time for the commencement of their shift, and who continues on duty for their scheduled shift. An employee who is called to work early in this manner without sixteen (16) hours prior notification shall receive a minimum of one hour's pay at straight time base rate of pay, or the overtime rate of time and one-half, consistent with Article 11.3, and shall be allowed to complete their regular shift.
c. In the event an employee is required by the City to work extended overtime hours which do not allow the employee to obtain a minimum opportunity to
39 recuperate prior to beginning their next regularly scheduled work shift, and the employee's supervisor agrees that the employee would be in unfit condition to begin work as scheduled, the supervisor shall grant the employee reasonable recuperation time, with no loss of pay, prior to reporting for work.
It is recognized that the City's ability to allow such recuperation time may be limited by the circumstances and/or conditions which necessitated the original extended overtime hours.
10.3 TEMPORARY WORK IN A HIGHER CLASSIFICATION
a. Temporary assignments to higher classifications shall be permitted only in those classifications where in the judgment of the Department Head or designee, it is necessary to maintain proper and efficient departmental operations. An employee temporarily assigned to a higher classification shall be compensated for the duration of the out-of- classification assignment by the payment of five (5) percent of the regular salary the employee received prior to the out-of-classification assignment, or the salary provided for in Step 1, as applicable, of the higher classification, whichever is greater, but not to exceed top step of the higher classification. The assignment may be confirmed in writing at a later time. Departments may establish internal tracking and approval systems for out-of-classification pay administration. b. Temporary work in a higher classification shall first be offered to career employees. If no career employee desires the temporary work in a higher classification said assignment may then be offered to a non-career employee. c. The City recognizes that temporary work in a higher classification shall not be used as a device for circumventing career civil service positions. d. When such a temporary assignment to a higher classification is to be filled by an employee, the City shall, whenever practicable, distribute such temporary assignments evenly among available qualified employees at the affected work location, subject to the following over-riding considerations: (1) relative experience and capability in performing the required job functions, and (2) relative disruptive effect on the established work schedule.
10.4 SHIFT DIFFERENTIAL
a. Employees who work five-eighths (5/8) or more of their regular work shift in the period extending from 6:00 p.m. to 6:00 a.m., shall receive for the entire shift a night-shift differential of five percent (5%) in addition to their regular wage. Employees who work less than five-eighths (5/8) of their regular work shift in the period extending from 6:00 p.m. to 6:00 a.m. shall receive for those hours worked (to the nearest one-half hour) within this period, a night-shift differential of five percent (5%) in addition to their regular wage. b. Notwithstanding the above, the Relief Plant Operators and the relief operator at Sump Two who are assigned the regular rotating shifts shall be eligible to
40 receive the five percent (5%) shift differential for all regular shifts worked while on the relief schedule.
c. Effective April 4, 2026, subsections (a) and (b) above will be replaced by the following:
(1) Swing Shift shall be defined as hours worked between 6:00 p.m. and 12:00 a.m. Employees who work five-eights (5/8) or more of their regular work shift between 6:00 p.m. and 12:00 a.m., shall receive a swing shift differential of five percent (5%) of their base rate of pay for the entire shift.
(2) Graveyard Shift shall be defined as hours worked between 12:00 a.m. and 6:00 a.m. Employees who work five-eights (5/8) or more of their regular work shift between 12:00 a.m. and 6:00 a.m., shall receive a graveyard shift differential of seven percent (7%) of their base rate of pay for the entire shift.
(3) Employees who work less than five-eights (5/8) of their shift, including overtime hours, within the defined swing or graveyard periods shall receive the applicable differential of their base rate of pay on an hour- for-hour basis, rounded to the nearest one-half (0.5) hour. (4) Relief Plant Operators and the relief operator at Sump Two who are assigned to the regular rotating shifts shall, for any workweek in which they work at least one swing or graveyard shift, as defined above, receive the greater of the applicable swing or graveyard shift differential of their base rate of pay for all hours worked in that workweek. If no swing or graveyard shift is worked in the workweek, no shift differential shall apply.
b.(5) Swing and graveyard shift differentials are additive and do not compound with any other pay or benefit.
10.5 TUITION REIMBURSEMENT
The City agrees to reimburse career employees for the cost of tuition, books, and fees, excluding parking, up to a maximum of $1,500.00 per calendar year pursuant to the City’s existing policy for such education reimbursement. This provision shall not apply to employees eligible for an educational incentive program.
In addition, the Department may authorize tuition reimbursement for training through other approved sources.
10.6 CONTINUING EDUCATION
a. Where the City requires that an employee maintain a license or certificate which mandates continuing education units (CEUs) to maintain the license or
41 certificate, the employee shall be responsible for obtaining the CEUs. Where feasible, the city will provide the needed CEUs on-duty. b. When the City provides such training, CEU credit not received through the City shall be the responsibility of the employee. When the City does not provide required CEU training, the employee may request that the Department approve and pay for the training and allow the employee to attend on City time. Upon approval, the City shall reimburse the employee upon obtaining the continuing education units. Such request shall not be unreasonably denied.
10.7 REQUIRED LICENSES AND CERTIFICATIONS
Where the City requires that employees maintain licenses and/or certifications required by federal, state or local government law, the City agrees to pay the cost of licenses and/or certifications required in the water treatment and waste water treatment operations. This Section shall not apply to driver licenses.
10.8 CERTIFICATE INCENTIVES
a. The following incentive certificate pay shall be paid to eligible employees in the classification of Junior Plant Operator, Plant Operator, and Senior Plant Operator and shall be administered as follows:
(1) An eligible employee is an employee who possesses a current California State Certified Water Treatment and/or Waste Water Operators certificate above the minimum requirements set by state regulation for performing duties and responsibilities as a Plant Operator.
(2) An eligible employee shall be paid the incentive pay for the highest level water treatment or waste water certificate maintained. Incentive pay shall not be cumulative.
(3) The incentive pay shall be paid as follows:
Category “2” $150.00 per month
Category A3" $300.00 per month
Category A4" $450.00 per month
Category A5" $600.00 per month
(4) An employee who is required to maintain, or who obtains for City benefit, a crane operator license shall receive a biweekly certification pay of fifteen dollars ($15).
(5) During the term of this Agreement, should the City agree to establish Water Distribution Certificate Pay for classifications represented by Local 447, the same certificate pay(s) shall be provided to employees
42 in the classifications Junior Plant Operator, Plant Operator, and Senior Plant Operator.
b. Where applicable, employees in the classification of Stationary Engineer and Senior Stationary Engineer who possess and maintain the following certificates, which are not minimum qualification requirements, will receive certificate incentive pay as follows:
(1) HVAC Electrical Plumbing; steam boiler systems operation and maintenance; heating system specialist; hydronic systems; programmable direct digital control systems; asbestos abatement; and/or Forklift Operator.
(a) “HVAC” certificate shall mean an employee who possesses and maintains a “Universal” certificate.
(b) Programmable Direct Digital Control (PDDC) certificate shall mean certification by Yamas Computer Systems and/or
Johnson Computer Systems.
(2) Eligible employees shall be paid incentive pay at the flat dollar rate of $25.00 per certificate per month for a maximum of $100.00 per month. c. Where applicable, employees in the classification of Stationary Engineer and Senior Stationary Engineer who possess and maintain certificates required by the Department Head, or their designee, which are not minimum qualification requirements, shall be eligible to receive Programmable Building Energy Management Control System certificate incentive pay at the flat dollar rate of $425.00 per month.
c.d. Within ninety (90) calendar days of adoption of this Agreement by the City Council, at the written request of the Union, the parties agree to meet and discuss certification incentives. Absent mutual agreement, the status quo shall continue. The rights created by this subsection 10.8 (d) shall expire on December 22, 2208, unless expressly renegotiated by the parties.
10.9 TECHNOLOGY ALLOWANCE
a. In the event the appointing authority requires an employee to go on- call/standby and use a cellular phone to conduct City-related business, the employee will receive a monthly technology allowance of one hundred dollars ($100.00) in lieu of using a City-provided cellular telephone. b. Employees who refuse to work on call/standby, or who have the option of working on call/standby and elect not to do so, are ineligible for the allowance. c. Use of City-provided cellular telephones shall be discontinued upon receipt of the technology allowance by the employee.
43 d. Upon approval of the monthly technology allowance the employee shall provide and maintain a personal cellular phone and service that is available to conduct City-related business. The employee shall provide the cellular telephone number to designated individuals and organizations with whom the employee normally conducts City-related business.
10.10 PROFESSIONAL ENRICHMENT
Career employees shall receive six hundred dollars ($600) on the first check in December for professional enrichment. Employees must be on the payroll for the full period in which the payment is made to receive this benefit. Payment shall be prorated based on FTE status.
ARTICLE 11 – HOURS OF WORK
11.1 WORK SCHEDULE
a. The workweek shall begin at 12:01 a.m. Saturday, and end at 12:00 midnight the following Friday. Except for employees on the four on/two off/five on/two off work schedule, the normal workweek for full-time career employees shall consist of forty (40) hours of work. The normal workday for full-time career employees shall consist of eight (8), nine (9), or ten (10) working hours and begin at 12:01 a.m. and end at 12:00 midnight daily.
b. The existing work schedule of four (4) consecutive days on/two (2) consecutive days off/five (5) consecutive days on/two (2) consecutive days off, for employees assigned to Waste Water and Water Treatment Plants shall continue. The existing work schedule of five (5) consecutive days on/two (2) consecutive days off for all other employees in the Plant Operator Unit shall be continued. All employees shall have a regular starting and stopping time.
Stationary Engineers shall not have permanent rotating shifts. c. Notwithstanding subsection (b) above, the City may establish a workweek schedule consisting of forty (40) hours in increments of four (4), ten (10) hour workdays; five (5), eight (8) hour workdays; or a nine (9), eighty (80) workweek schedule consisting of four (4), nine (9) hour workdays, four (4), nine (9) hour workdays, and one (1), eight (8) hour workday during an eighty (80) hour bi- weekly period. The City shall negotiate with the Union thirty (30) days in advance of implementation of the four (4) ten (10) workweek, or nine (9) eighty (80) workweek schedule.
d. Every employee shall have a regular lunch period of not less than thirty (30) minutes nor more than one (1) hour which shall be scheduled generally in the middle of the work shift. If any employee is required to remain at their workstation in a plant during their lunch period, they shall be considered as having worked eight (8) consecutive hours at the regular rate of pay and any
44 time worked over eight (8) hours shall be compensated at the overtime rate of one and one-half (1 ½) times the employee’s regular rate of pay. e. Employees shall be given seven (7) days’ prior notice to any permanent change in scheduled shifts. If an employee's shift or days off are changed without the above notification, they shall be paid one and one-half (1 ½) times the employee’s regular rate of pay for all hours worked on the first day of the new shift.
f. However, if an employee's shift is changed more than three (3) times in one calendar month, excluding overtime situations, the employee shall be paid one and one-half (1 ½) times their regular rate of pay for all hours worked on the fourth and subsequent rescheduled shifts during that one-month period. g. This Section shall apply to non-career employees only to the extent that non- career employees with a permanent shift schedule shall be given seven (7) days’ prior notice of any permanent changes in scheduled shifts. If a non- career employee's shift or days off are changed without the above notification they shall be paid one and one-half (1 ½) times their regular rate of pay for all hours worked on the first day of the new shift.
11.2 SHIFT BIDS FOR STATIONARY ENGINEERS
a. Career employees in the classification series of Stationary Engineer who are assigned to Convention and Cultural Services (CCS), shall be permitted to annually bid for work shift preference based on classification seniority. b. The annual shift bid shall be scheduled during the month of November.
11.3 OVERTIME AND COMPENSATING TIME OFF
a. All employees shall have a regular starting and stopping time. Employees who are required to work in excess of their regularly scheduled shift, which is forty (40) hours per workweek, shall be compensated for such work time at one and one-half (1.5) times their regular rate of pay. With the exception of sick leave, all paid time shall count as time worked for the purposes of calculating overtime eligibility. Employees are eligible for overtime compensation at one and one-half (1.5) times their regular rate of pay when they work in excess of forty (40) hours in a workweek. With the exception of sick leave, all paid time shall count as time worked for the purposes of calculating overtime eligibility. b. Part-time employees or employees who are regularly scheduled to work fewer than forty (40) hours per workweek, are eligible for overtime compensation at one and one-half (1 ½) times their regular rate of pay when they work in excess of forty (40) hours in a workweek. With the exception of sick leave, all paid time shall count as time worked for the purpose of calculating overtime eligibility.
45 c.b. Overtime compensation shall be paid by cash payment on the next payday following the pay period in which it was earned. In lieu of cash payment, Compensating Time Off (CTO) may be earned by mutual agreement between the employee and the Department Head or designee. The scheduling of CTO use must be approved in advance by the Department Head or designee. d.c. Overtime shall be distributed evenly among available qualified employees at the affected work location, subject to the following over-riding considerations:
(1) relative experience and capability in performing the required job functions; and (2) relative disruptive effect on the established work schedule. e.d. Employees may accrue up to one hundred twenty (120) hours of CTO. The City may cash out CTO hours accumulated in excess of eighty (80) hours at any time provided that the use of such time off has not been previously approved.
f.e. This Section shall apply to non-career employees except that career employees shall be offered overtime prior to non-career employees. g.f. Out-of-class incentive and/or night shift differential, if applicable, shall be included when calculating an employee’s overtime rate of pay for all actual hours worked in said assignment.
h.g. Cash-back provided to employees who opt-out of City sponsored medical insurance as provided in Section 8.5 (Cash-Back Limits), shall not be included in the employee’s regular rate of pay when determining such rate for contract overtime.
ARTICLE 12 – LAYOFF
12.1 PURPOSE
This Article provides the procedure to be followed when an employee is to be displaced/laid off from their position.
12.2 DEFINITIONS
a. Layoff A layoff shall be defined as the dismissal or displacement of at least one employee due to lack of work or lack of funds, abolishment of position, or for other reasons not reflecting discredit on an employee. b. Seniority
(1) Classification Seniority: Classification seniority shall be defined as the effective date of probationary appointment to the employee's current job classification, less any time spent in a lower classification due to a downgrade. In the case of an employee who is demoted or whose
46 position is reallocated in accord with applicable Civil Service Board Rules and Regulations, classification seniority for the reallocated or demoted employee shall be mutually established by the City and the Union at the time of reallocation. Within a regression ladder, computation of classification seniority for a job classification lower than that in which the employee holds permanent status, the following seniority shall be counted: (1) classification seniority in any higher classifications within the regression ladder; (2) previous classification seniority in the job classification in which the employee is currently working; and (3) present time spent in the job classification in which the employee is currently working, minus any seniority adjustments. (2) City Service Seniority: City service seniority shall be defined as the effective date of appointment to the employee's first permanent career position.
(3) Hire Date Seniority: Hire date seniority shall be defined as the employee's first date of hire to any position with the City. (4) Seniority Adjustments: Classification seniority and City service seniority shall be adjusted (reduced) in calendar days to reflect time spent on layoff from City service. There shall be no adjustment for time spent on an approved unpaid leave of absence.
(5) Termination of Seniority: Termination of classification seniority and City service seniority shall occur upon:
(a) Resignation, except that any employee who is appointed from a reemployment list and completes a probationary period, if any, in the position to which they were reinstated may count the seniority which they accumulated prior to resignation.
(b) Discharge.
(c) Retirement.
(d) Layoff in excess of five (5) consecutive years out of the City service.
(e) Failure to comply, report, or respond to a recall notice within fourteen (14) calendar days from the date of postmark on the recall notice.
c. Downgrade A downgrade shall be defined as a change in job classification to which the top rate of pay is less than the top rate of pay of the employee's present classification due to a layoff. A downgrade shall only be allowed to the appropriate classification within the employee's regression ladder.
47 d. Regression Ladder A regression ladder shall be defined as a classification series through which an employee may downgrade. Regression ladders for the Plant Operator Unit are as follows:
(1) Senior Plant Operator
Plant Operator
Junior Plant Operator
(2) Senior Stationary Engineer
Stationary Engineer
(3) Senior HVAC Systems Mechanic
HVAC Systems Mechanic
e. Permanent Status For the purposes of this layoff procedure permanent status is attained in a job classification when an employee has successfully completed their probationary period in that job classification. f. Career and Non-Career Career employees shall be those employees in positions which are in the classified service who are required to serve a probationary period. Non-career employees are all other employees covered by this Agreement.
g. Leave of Absence Employees on an approved unpaid leave of absence shall accrue seniority.
h. Department The application of the term "department" for the sole purpose of layoff and/or downgrade of career employees shall mean:
(1) The Department of Public Works shall be considered a single department.
(2) The Department of Utilities shall be considered a single department. (3) The Departments of Youth, Parks & Community Enrichment and Convention & Cultural Services shall be considered a single department.
No future reorganization shall be construed to change this provision except by mutual agreement of the parties.
12.3 PROCEDURE
a. Non-Career Employees When layoff is to occur within a job classification within a Department, all non-career employees in the regression ladder in which that job classification is found shall be laid off first. In no event shall a career employee suffer a layoff until all non-career employees in the affected
48 regression ladder have been laid off. Non-career employees shall have no right to downgrade.
b. Career Employees
(1) Within each job classification in each Department in which a layoff occurs, employees shall be laid off in the following order: first, all provisional employees; second, all probationary employees in the order of their classification seniority, beginning with the employee with the least such seniority; and, third, permanent employees in the order of their classification seniority, beginning with the employee with the least such seniority.
(2) Any provisional or probationary employee who is affected by a layoff or displaced by a downgrading employee shall return to the last Department and job classification in which the employee holds permanent status, if any. If the employee does not hold permanent status in another job classification, they shall be laid off. If the employee does hold permanent status in another job classification, they shall then be treated as a permanent employee in that job classification with respect to any layoff in that job classification.
(3) Any permanent employee who is to be laid off or displaced shall have the right to downgrade, within the Department, in descending order, to job classifications within their regression ladder, provided that: (a) the employee meets all of the qualifications of the lower classification, and (b) can displace any employee in the lower classification. If there are any provisional employees in such lower classification, the provisional employee with the least City service seniority shall be displaced first. If there are no provisional employees in the lower classification, the probationary employee with the least City service seniority shall be displaced. If there are neither provisional nor probationary employees in the lower classification, the permanent employee with the least City service seniority shall be displaced, provided that the downgrading employee has greater City service seniority. If the permanent employee attempting to downgrade is unable to do so, they shall be laid off. (4) An employee may accept layoff in lieu of the opportunity to downgrade by notifying Labor Relations within five (5) normal workdays of receiving notice of layoff. Where employee accepts a layoff in lieu of a downgrade, said employee shall forfeit all recall rights except to a vacancy within the same classification from which the employee was laid off.
(5) If two (2) or more employees have an equal amount of classification seniority, the senior employee shall be determined on the basis of greater City service seniority. If two (2) or more employees have an
49 equal amount of City service seniority, the senior employee shall be determined on the basis of greater hire date seniority, then by random number, if necessary.
(6) The application of this procedure is not intended to extend job assignment, work organization, or departmental preference to any employee affected by a layoff.
12.4 NOTICE OF LAYOFF
In the event of layoff, the City shall send by certified mail return receipt requested a layoff notice to all affected employees. Such notice shall be postmarked at least thirty (30) calendar days in advance of the effective date of layoff. Such layoff notice shall be mailed to the employee’s address currently in the City’s payroll system, and shall be deemed appropriate notice. The employee(s) who is on a paid or unpaid leave shall be affected by the layoff in accordance with the provisions of this Article in the same manner as all other employees.
12.5 SALARY IN EVENT OF DOWNGRADE
a. An employee who is downgraded through a regression ladder pursuant to this Article shall be paid in the new classification the salary range step closest to the monthly pay rate received immediately prior to downgrade providing there is no increase in pay.
b. If appointed in the lower classification at other than top step, future salary step adjustment shall be made in accordance with Section 7.2, "Advancement in Rate of Compensation," with time served in the classification from which the downgrade occurred counting toward salary step advancement. c. Upon subsequent recall through a regression ladder the employee shall not receive in the next higher classification less than that received in the lower classification, provided however, that upon subsequent placement in the classification from which the employee was downgraded, salary step placement shall be at the salary step previously held. If, however, said salary step is less than that received in the classification to which the employee was downgraded, salary step placement shall be at the salary step immediately higher in the permanent classification. The anniversary date for future in- grade salary adjustments shall be the date of recall to the permanent classification.
d. Salary as referred to in this Article shall be the salary range and respective salary step for the affected classification as set forth in the current salary schedule.
50 12.6 FRINGE BENEFITS
a. Upon layoff, employees shall be paid for accrued leave balances, including but not limited to, vacation, sick, holiday, longevity, and similar benefits that have a cash value at separation, per this Agreement, applicable ordinances, and rules. Employees who are subsequentlybeing recalled and who were eligible for sick leave cashout at the time of separation shall have the any uncompensated portion of their sick leave balance restored in accordance with this Agreement, applicable ordinances, and rules. However, if eligible, oOnly those sick leave hours accrued after recall shall be applied toward any subsequent future sick leave payoff, if eligible.
b. Employees and their eligible dependent(s) enrolled in City insurance programs may continue elected coverage limited to the City's medical, dental, or vision, and life insurance coverageplans at the time of layoff may continue their coverage for a period up to six (6) months or the period of time permitted by the Consolidated Omnibus Budget Reconciliation Act (COBRA),, whichever is greater, by advanced personal remittance for each month's premium for the cost of such coverage, at the time of layoff. The employee and any enrolled dependent(s) will be responsible for the full cost of the monthly premiums for COBRA continuation coverage. Payment for COBRA premiums shall be made by the payment deadline specified on the invoice issued by the health carrier or the City.
c. Assistance with enrollment in COBRA coverage or information on eligibility for City retiree health benefits this insurance option, unemployment benefits and the availability of retirement benefits or refunds as governed by the City Charter will be provided by the Benefit Services Division, Department of Human Resources, upon the request of laid-off employees.
12.7 RECALL
a. When a vacancy occurs in a job classification, the laid-off or downgraded employee(s) eligible to return to that job classification shall be recalled in the inverse order of their downgrade or layoff. When a recall list exists and an employee is on a reinstatement list due to a medical leave of absence, such employee will be merged with the employees on the established layoff eligibility list based on seniority. Permanent employees who were laid off or downgraded are eligible to return to the job classification in which permanent status is held within their regression ladder, or to lower classifications within the same regression ladder, but shall have no recall rights to any job classification to which provisional or probationary status was held at the time of layoff or downgrade. Provisional or probationary employees who had no permanent status in another job classification at the time of layoff shall have no recall rights. Non-career employees shall have no recall rights.
51 b. Employees shall be entitled to recall rights for a period of five (5) consecutive years from the effective date of layoff or downgrade. The effective date of layoff shall be the employee's last day of work. The effective date of downgrade shall be the employee's last day of work in the classification from which they are downgraded. An employee who has downgraded and has not been recalled to the classification where permanent status is held within the five (5) year period shall gain permanent status for purposes of layoff in the classification to which the employee downgraded, or is currently working at the time recall rights are lost, whichever is higher in the regression ladder. c. When a vacancy exists and employees are to be recalled, notice of the opening(s) shall be sent to the mailing address as shown on the employee's last paycheck unless a more recent address has been furnished by the laid off/downgraded employee. To expedite recall, more than one (1) employee may be notified of an opening. This recall notice shall be by certified mail return receipt requested and the employee shall have fourteen (14) calendar days to report to work from the date of postmark on the recall notice. If said employee fails to report to work within fourteen (14) calendar days, they will lose all recall rights. An employee who has been laid off or downgraded shall be required to meet the physical and other qualifications of the classification to which they are being recalled, that existed at the time of layoff/ displacement.
ARTICLE 13 – DISCIPLINE
13.1 DISCIPLINE FOR NON-CAREER EMPLOYEES IN CAREER CLASSIFICATIONS a. For non-career employees in career classifications and those not covered by the Rules and Regulations of the Civil Service Board, discipline shall be for just cause. Formal discipline shall include suspension, demotion, withholding of an in-grade salary increase, in-grade salary reduction, and termination. b. Appeals filed pursuant to this Article shall be filed at Step 2 of the grievance procedure. However, disciplinary action shall be grievable for non-career Stationary Engineer and Senior Stationary Engineer employees who have worked in excess of 1,040 hours since their last date of hire. Disciplinary action shall be grievable for non-career Junior Plant Operator, Plant Operator, and Senior Plant Operator employees who have worked in excess of 2,080 hours since their last date of hire. Hours worked as a Career Development Trainee shall not count toward the 1,040 or 2,080 hours needed to qualify to appeal discipline.
c. A non-career employee may be released from their position at the discretion of the appointing authority at any time prior to working 1,040 hours or 2,080 hours, whichever is applicable, without right of appeal. Such release shall be confirmed in writing.
52 13.2 LETTER OF REPRIMAND
a. A letter of reprimand issued on or after October 27, 1990, shall not be appealable, except the employee may have an administrative review of the reprimand by submitting a request in writing within seven (7) calendar days to the Manager of Labor Relations. The Manager or designee will schedule a meeting within seven (7) calendar days of receipt of the written request to hear the employee's response. A final written decision will be rendered by the Manager or designee within seven (7) calendar days of the meeting. This Section shall not be subject to the Grievance Procedure. b. When issuing a letter of reprimand, the City shall provide to the employee all available information upon which the reprimand is based, including but not limited to, fact-finding transcripts and written complaints filed. The City is not required to prepare transcriptions of audio-taped interviews to meet this obligation. However, if a transcript of audio-taped interviews is prepared, the City shall provide the transcript.
13.3 IN-LIEU DISCIPLINE
By mutual agreement between the appointing authority or designee and the employee, an employee suspended from duty without pay may forfeit accumulated holiday, compensating time off, and/or vacation credits equal to the number of hours of suspension in lieu of such suspension. If the suspension is reduced or reversed at the conclusion of the appeal process, the City shall reinstate the forfeited credits.
This provision shall not be subject to the grievance procedure.
13.4 DISCIPLINE TOLLING PERIOD
In all disciplinary matters, the City shall issue a letter of intent to discipline within 365 calendar days from the date of discovery of the misconduct by a person authorized to initiate an investigation of the misconduct. This time limitation shall be extended if any of the conditions referenced in the California Peace Officer Bill of Rights Act, as amended, (California Government Code §§3300 et seq.) exist during the 365 day period.
13.5 MEDIATION
The parties may participate in mediation in an attempt to settle disciplinary matters before a hearing with the Administrative Law Judge. Mediation shall be required if requested by either party and the parties will request a mediator from the State Mediation and Conciliation Service. All mediation proceedings shall be private. The mediator shall make no public recommendation, nor take any public position at any time concerning the issues. All costs of the mediation shall be borne by the requesting party.
53 13.6 DISCIPLINE APPEAL HEARING PROCEDURE
Disciplinary Appeals above a letter of reprimand shall be conducted pursuant to Rule 12 of the Rules and Regulations of the Civil Service Board.
An employee’s appeal of discipline shall be heard by an Administrative Law Judge at the California Office of Administrative Hearings (OAH). a. The hearing shall be transcribed by a certified shorthand reporter. The appearance fees of the reporter will be borne equally by the City and the Union. If only one party orders a transcript, that party shall pay for the cost of transcription. If both parties elect to order a transcript, the parties will equally bear the cost of the original transcript and any necessary copies. b. The hearing shall be conducted pursuant to the procedures of Rule 12 of the Rules and Regulations of the Civil Service Board. On issues of procedure where the CSB Rules are silent, the California Administrative Procedures Act shall govern the proceedings.
c. The City agrees that employees shall not suffer loss of compensation for time spent as a witness at a discipline hearing held pursuant to this procedure. The Union agrees that the number of witnesses requested to attend and their scheduling shall be reasonable.
13.7 DECISION
The Administrative Law Judge shall issue a written decision within thirty (30) days.
The parties agree to jointly recommend the Administrative Law Judge’s decision to the Civil Service Board, any dispute with the decision by a party shall be limited to the grounds specified in Section 1286.2 of the California Code of Civil Procedure.
13.8 WITHDRAWAL OF APPEAL
The employee may withdraw an appeal of discipline at any time prior to a decision by an Administrative Law Judge or the Civil Service Board. An appeal shall be deemed withdrawn if the employee fails to respond within thirty (30) days to a written request by the City to schedule a hearing or otherwise participate in the appeal process. The written request shall be certified and sent to the employee’s mailing address as shown in the City’s payroll system.
13.9 DISCIPLINE AND DOCUMENTED COUNSELING RETENTION
a. Suspensions and pay reductions issued after June 30, 2014, will not be permanently placed in an employee’s official personnel file. Suspensions and pay reductions will be withdrawn from the employee’s official personnel file five (5) years from the date of issue provided there has not been additional formal discipline imposed during the five-year period. All suspensions and pay reductions removed from the employee’s official personnel file will be retained
54 in Labor Relations. Should an employee have subsequent discipline, the earlier disciplines may be used for purposes of progressive discipline. b. A letter of reprimand issued after October 27, 1990, will be withdrawn from an employee's official personnel file two (2) years from the date of issue provided there has not been additional formal discipline imposed during the two-year period.
c. A letter of reprimand issued prior to October 27, 1990, may be pulled at the request of the employee provided there was no additional formal discipline imposed within five (5) years from the date of issue.
d. Documented counselings will be withdrawn from an employee’s department file eighteen (18) months from the date of issue provided there has not been formal discipline imposed during the eighteen (18) month period. Once removed, the documented counseling may not be used to enhance the subsequent discipline but may be used to demonstrate that the employee is aware of the issue and/or for impeachment purposes.
ARTICLE 14 – SAFETY SHOES AND SAFETY GLASSES
14.1 SAFETY SHOES
a. Where the City requires that safety shoes be worn by employees as a condition of employment pursuant to required safety rules and regulations, the City shall reimburse said employees for the cost of an acceptable safety shoe and/or inserts up to a maximum of $200.00 per pair, or up to a maximum of $250.00 if special order of the safety shoes is required, but normally not more than two (2) pair per fiscal year. When needed, employees may purchase and request to be reimbursed for two (2) pair of safety shoes at the same time.
With prior permission, employees may request and be reimbursed for repairs of current acceptable safety shoes in lieu of the purchase of a pair of safety shoes.
b. All employees falling outside the coverage of subsection (a) above shall also be required to wear safety shoes as a condition of employment. The City will reimburse these employees for the cost of an acceptable safety shoe up to a maximum of $200.00 per pair, or up to a maximum of $250.00 per pair if special order is required, but normally not more than two (2) pair per fiscal year. When needed, employees may purchase and request to be reimbursed for two (2) pairs of safety shoes at the same time.
c. To be eligible for the reimbursement as stated in subsections (a) and (b) above, the employee must obtain prior authorization from their supervisor before purchasing safety shoes, and must submit the receipt to the supervisor to verify the cost and substantiate the reimbursement.
55 d. The City maintains the right to specify the type of required safety shoes.
14.2 SAFETY GLASSES
a. It shall be mandatory for employees to wear safety glasses where such glasses are required to be worn by the City. Employees who wear prescription glasses shall wear protective eye wear provided by the City or prescription safety glasses. The City shall provide non-prescription safety glasses for employees.
b. Employees are free to purchase prescription safety glasses from any source the employee chooses. The City will reimburse the employee for the purchase of prescription safety glasses up to a maximum of $125.00 per pair of glasses. c. To be eligible for the above reimbursement, the employee must obtain prior authorization from their supervisor before purchasing the required safety glasses, and must submit the receipt to the supervisor to verify the cost and substantiate the reimbursement. The City maintains the right to specify the standards for non-prescription safety glasses. Further, prescription safety glasses shall conform in all respects to the U.S.A. Safety Standards for Head, Eye and Respiratory Protection, and the prescription shall not be more than twenty-four (24) months old.
d. The cost of any eye examination and special or cosmetic frames shall be paid by the employee.
14.3 DAMAGE TO PRESCRIPTION SAFETY GLASSES
a. The City agrees to repair or replace prescription safety glasses damaged or destroyed while the employee is actively at work provided that the employee furnishes satisfactory proof to the City of such loss.
b. The prescription shall not be more than twenty-four (24) months old to qualify for reimbursement under the Article. All costs to update the prescription shall be borne by the employee.
ARTICLE 15 – UNIFORMS
15.1 UNIFORMS
a. The City agrees to provide uniforms for employees who are required to wear uniforms.
b. All employees covered by this Agreement and occupying classifications in the Plant Operator Unit as otherwise defined herein and required by the City to wear a uniform shall have a clean uniform provided five days a week (5-5-1), at no cost to the employee.
56 c. During the summer months of June, July and August, employees in the classifications of Junior Plant Operator, Plant Operator, and Senior Plant Operator, who are required to wear a uniform shall be provided with clean orange, blue, or tan T-shirts on a 5-5-1 basis. The T-shirts are in lieu of the currently provided shirts.
d. The value of the uniforms provided by the City shall be reported as compensation at the rate of five dollars ($5.00) biweekly to the Public Employees Retirement System (PERS).
e. All employees who are provided with a uniform shall meet Department dress and grooming standards and adhere to the uniform policy of the division and/or Department.
15.2 FOUL WEATHER JACKET
a. Employees whose duties and responsibilities include working outside during inclement weather shall be provided an inclement weather jacket. b. Employees shall be responsible for the laundry, maintenance, and repair of such jacket. Replacement of unserviceable jackets shall be the responsibility of the City. Stolen jackets shall be reported to the employee’s supervisor and replaced by the City.
ARTICLE 16 – MISCELLANEOUS
16.1 SAFETY
Employees shall not perform work alone in any plant on swing or graveyard shift where another employee is not within easy access to assist or obtain assistance should such employees working alone sustain an injury or become seriously ill.
16.2 TRANSPORTATION
a. Sacramento Regional Transit District (SRTD)
Full-time career employees who utilize the Sacramento Regional Transit District (SRTD) for home-to-work transportation are eligible for an eighty percent (80%) price discount on an SRTD monthly pass. Part-time career employees shall be eligible for a fifty percent (50%) price discount. The employee must notify the Department of Finance, Revenue Division on or before the fifth day of the month to obtain the monthly pass discount for that month.
57 b. Other Bus Transportation
Eligible full-time career employees as described above, who regularly utilize other bus or mass transportation services regulated by the Public Utilities Commission (i.e. buses, vanpools, rail) for home-to-work commuting are eligible for up to eighty percent (80%) of the cost of the monthly pass. Eligible part-time employees, as described above, shall be eligible for a fifty percent (50%) monthly reimbursement. The employee must present the required proof of purchase to the Department of Finance, Revenue Division by the fifth day of the month to obtain reimbursement. The amount of monthly reimbursement shall not exceed one hundred twenty dollars ($120).
c. Downtown Parking Subsidy
The City shall provide a ninety dollar ($90) per month parking subsidy to eligible career employees who are regularly assigned to work in the downtown area. The subsidy will be included in the employee’s bi-weekly paycheck, subject to applicable state and federal taxes.
16.3 SELECTION OF VACANCIES
a. When a permanent vacancy occurs in a particular job assignment, employees holding permanent status in the classification in which the vacancy arises may request to be reassigned to such vacancy. Such employees who possess those skills and abilities required for the position shall be given preference over those individuals appointed from an eligible list. If more than one qualified employee requests such vacancy, the assignment shall be based on (1) relative experience and capability in performing the required job functions; and (2) relative disruptive effect on the established work schedule. If both of these considerations are found to be equal by the appointing authority, classification seniority shall be the determining factor. For employees in the classifications of Senior Stationary Engineer and Stationary Engineer, vacancy selection preference pertains to permanent vacancies within an employee's own department. When a vacancy occurs in other departments, an employee may submit transfer requests as provided by the Civil Service Board Rules and Regulations.
b. When a permanent vacancy occurs due to retirement, death, demotion, resignation, promotion, or termination, a notice of such vacancy shall be posted fourteen (14) calendar days prior to the regular filling of said vacancy.
The notice shall include the shift and work location of the vacancy. The notice of vacancy for Plant Operators shall be posted at the Sacramento Water Treatment Plant, the Fairbairn Water Treatment Plant, Sump 2, at the Well Crew Dispersal Site, 35th Avenue, and the 24th Street Corporation Yard. The notice of vacancy for Stationary Engineers and Senior Stationary Engineers shall be posted in those departments where employees in the affected classification are employed.
58 c. The City shall reassign or prevent the assignment of employees where there is or would be an immediate supervisory/subordinate relationship and the employees have a potential employment conflict of interest due to a parental, spousal or sibling relationship.
d. This Section shall not apply to non-career employees.
16.4 STRIKES AND LOCKOUTS
For the duration of this Agreement the Union and its members agree that it shall not call, sanction or engage in any strike, slowdown, suspension or stoppage of work activity, and the City agrees that it shall not cause or engage in any lockout.
Further the City shall have the right to deny all usage of sick leave by an employee where the City Manager has reasonable cause to believe the sick leave usage is related to a sick-out or any other form of concerted activity.
16.5 SAVINGS CLAUSE
If any provision of this Agreement, or the application of such provision should be rendered or declared invalid by any decree of a court of competent jurisdiction or by the reason of any existing or subsequently enacted legislation, the remaining parts or portions of this Agreement shall remain in full force and effect.
16.6 EMPLOYEE PERFORMANCE APPRAISALS
a. Each City department shall have the right to conduct employee performance appraisals on a department-wide basis for career and/or non-career employees at the discretion of the appointing authority. b. A career employee who disagrees with a performance evaluation may within ten (10) workdays from the date of the performance evaluation:
(1) Write a rebuttal statement for attachment to the performance evaluation form; and
(2) Informally appeal to the supervisor of the reviewer, but in no case higher than the department head.
c. Appeals of employee performance evaluations are not subject to the grievance procedure.
d. In accordance with the Sacramento Civil Service Board Rules, Rule 12 et seq., withholding an employee’s salary step advancement is formal discipline.
Salary step advancements shall not be delayed solely because the employee’s performance appraisal is not completed on time. Step advancements delayed solely due to untimely performance evaluations shall be subject to the grievance procedures.
59 16.7 TRIAL PERIOD
a. An employee or a former employee appointed to a career classification as a non-career employee on and after November 22, 1986, shall serve a trial period. A former employee is a person who was previously employed with the City but terminated such employment for any reason including the expiration of a limited-term appointment.
b. The trial period for Stationary Engineer and Senior Stationary Engineer shall be one thousand forty (1,040) hours worked. The trial period for Junior Plant Operator, Plant Operator, and Senior Plant Operator shall be a three hundred sixty-five (365) calendar day period beginning with the first day the employee reports to work or until the employee has worked two thousand eighty (2,080) straight-time hours, whichever occurs last.
c. A non-career employee may be released from his or her position at the discretion of the appointing authority at any time prior to working the trial period without right of appeal to the Civil Service Board. Such release shall be confirmed in writing.
d. This provision shall not be used to circumvent the civil service system in respect to the City's testing practices.
16.8 PAYROLL ERRORS
a. In the event an error has been made in the payment of an employee's compensation, including, but not limited to, wages, overtime payment, healthcare contributions, incentives, or leave accruals, balances and/or usages, the City shall, for purposes of future compensation, adjust such compensation to the correct amount, giving written notice to the employee. b. In the event an employee received an overpayment in compensation, reimbursement to the City shall be accomplished by:
(1) Lump sum payment by the employee;
(2) A one-time deduction from all available paid leave balances, except sick leave, equivalent to the overpayment at the employee's current hourly rate;
(3) A repayment schedule through payroll deduction; and/or (4) Other means, as may be mutually agreed between the parties.
No repayment schedule shall exceed fifty-two (52) pay periods in duration, except that if the employee does not agree to a voluntary repayment schedule, the overpayment collection shall not exceed twenty-six (26) pay periods. The
60 time period may be extended by a signed agreement between the City and the employee.
c. No action shall be taken to enforce repayment of an overpayment, or to correct an underpayment, unless action is taken within two (2) years from the ending date of the pay period in which the error is discovered. "Action is taken" as used in this Section shall mean written notice to the employee in the case of an overpayment, or written or oral notice to the City in the case of an underpayment error.
d. The City shall make a reasonable effort to verify employee underpayments within ten (10) calendar days of written notice by the employee or the employee’s representative. Once verified, repayment shall be made within thirty (30) calendar days.
16.9 COMMERCIAL DRIVER LICENSE
Each employee whose job assignment requires them to operate, drive, or maintain a commercial motor vehicle shall possess a valid commercial California driver license and endorsements as follows:
Required
Classification License Endorsements
Junior Plant Operator A; or B Tank Vehicle &
(1) and (2) Hazardous Materials
Plant Operator A; or B Tank Vehicle &
(1) and (2) Hazardous Materials
Senior Plant Operator A; or B Tank Vehicle &
(1) and (2) Hazardous Materials
(1) License must not have an air brake restriction
(2) Management will determine on a case-by-case basis if the license must have a manual transmission endorsement.
If there are insufficient numbers of employees who possess the required commercial license and/or endorsements when the commercial license and/or endorsements is mandatory for some assignments only, then the commercial license and/or endorsements shall be mandated as necessary for the designated assignments.
Such mandated assignments shall be by inverse order of classification seniority beginning with the employee with the least amount of classification seniority.
61 16.10 PERS RETIREMENT PLAN AND CONTRIBUTION
a. Miscellaneous employees are covered by the following Public Employees Retirement System, (PERS) plan – Classic Members:
Modified 2% at age 55
One-year highest compensation
2% COLA
25% survivor continuation
50% industrial disability
Military service credit
Sick leave conversion credit
b. Effective June 30, 2012, “classic members” as defined by PERS, shall pay the seven percent (7%) member contribution to the PERS retirement plan. Classic members shall qualify for the 2% at 55 benefit formula and retirement shall be based upon the highest twelve (12) months of compensation. c. Effective November 15, 2014, “classic members” shall pay eight percent (8%) of salary to the PERS retirement plan. The parties will seek to amend the PERS contract to reflect a new cost-share agreement in which miscellaneous classic members shall, from the date of amendment, pay a seven percent (7%) employee contribution and one percent (1%) of the employer contribution through PERS cost-share. If this PERS cost-share is not approved by a vote of the bargaining unit employees, the one percent (1%) cost-share will remain in the City’s account.
d. Member Contribution to PERS Retirement Plan – New Members “New members” as defined by Public Employees’ Pension Reform Act (PEPRA) shall be members in the PERS on terms consistent with the PEPRA.
New members shall qualify for the 2% at 62 benefit formula, shall contribute fifty percent (50%) of the total normal cost as required by PEPRA, and retirement shall be based upon the highest thirty-six (36) consecutive months of compensation.
16.11 VOLUNTARY WORK FURLOUGH PROGRAM
Pursuant to the Furlough/Reduced Work Week Policy, the City may establish for full- time career employees a voluntary work furlough/reduced work week consisting of a full day of unpaid leave on a variable schedule or a work schedule which is modified on a regular fixed basis to less than forty (40) hours per week. Employees shall apply for participation in the program pursuant to the conditions set forth in the rules and procedures governing this citywide Program.
62 16.12 PROBATIONARY PERIOD
Probation is an extension of the hiring process and the employee may be released from probation at any time during the probationary period with no appeal rights. a. The probationary period for career employees hired or promoted into or within this unit on or after June 19, 2020, who are employed in classification covered under this Agreement, whose probationary period was six (6) months shall be twelve (12) months (2,080 regular hours). All relevant job specifications shall be deemed modified to reflect this provision.
b. An employee serving a probationary period shall receive a minimum of three (3) written performance appraisals, based on evaluations conducted at four (4), eight (8), and twelve (12) months of service. Evaluation shall be completed using a standardized evaluation form prescribed by the appointing authority.
c. The necessity for a written performance appraisal shall be eliminated if, at any point during the one (1) year probationary period, the appointing authority releases the employee during probation.
d. A probationary employee may be released from their position at the discretion of the appointing authority at any time during the probationary period without right of appeal. Such release shall be confirmed in writing.
16.13 ZONAR OR OTHER GLOBAL POSITIONING SYSTEMS (GPS) AND VEHICLE
STICKERS
Zonar and other GPS devices will be used for purposes of improving departmental efficiencies to include, but not limited to, preserving City resources and preventing idle time. Zonar or GPS data shall not be used by the City as the only factor in gathering data for purposes of discipline. However, the data may be used to substantiate public complaints, support findings or confirm work performance issues for purposes of discipline. A list of vehicles which contain Zonar or other GPS devices will be maintained in the department and provided to employees. The City may place one (1) “safety sticker” on City vehicles which reads “How’s My Driving? Dial 311.” Safety stickers shall not exceed 200 square inches and will not be placed in an area which obscures the driver’s safe operation of the vehicle.
16.14 DEFERRED COMPENSATION PLAN
Career employees may participate in the City’s Deferred Compensation 457 Plan, to the extent provided by law.
Each participant in the plan shall contribute an administrative fee of one dollar and fifty cents ($1.50) per month from their plan balance to the plan’s administrative allowance account. Funds accumulated by the administrative fee will be utilized as prescribed in the Defined Contribution Plans Committee’s Fee and Expense Policy.
63 16.15 REOPENERS
After April 1, 2022, Local 39 may request to meet and confer regarding Rain Patrol, and if they do so the City will meet with Local 39 within thirty (30) calendar days of that request.
The City may request to meet and confer regarding minimum rest periods between work days, and if they do so Local 39 will meet with the City within thirty (30) calendar days of that request.
16.16 WATER TREATMENT PLANT SCHEDULING – WORK GROUP
The City and the Union shall meet to discuss alternatives to the Plant Operator 5-4 work schedule.
Implementation of any change shall only be upon mutual agreement. Absent mutual agreement, the status quo shall continue.
16.17 TERM
a. This Agreement shall remain in full force and effect from December 30, 2023December 27, 2025, to and including December 26, 202522, 2028. b. The provisions of this Agreement shall be effective on the effective date stated above except as otherwise specifically provided.
c. The Letters of Understanding at Exhibit A are hereby incorporated and shall remain in effect during the term of this Agreement.
64 DATED: January 9, 2024March 24, 2026
INTERNATIONAL UNION OF OPERATING CITY OF SACRAMENTO
ENGINEERS, STATIONARY ENGINEERS
LOCAL 39, AFL-CIO
Tim Eggen Bart Florence Leyne Milstein Shelley Banks-Robinson Business Manager Assistant City Manager Director of Human Resources
Jeff Gladiuex Aaron Donato
President Labor Relations Manager
Brandy Johnson Chee KhangChristen Snyder
Director Of Public Employees Negotiating Team Member
Laura LeSieur Oscar Murillo Chee Khang
District Representative Negotiating Team Member
Payden Martin Jason Bader
Business Representative Negotiating Team Member
Joshua CooperDavid Buchko David Herrmann
Business RepresentativeNegotiating Team Member Negotiating Team Member
Steven CraigRachel Carter Approved as to form:
Negotiating Team Member
Jose BustamenteGerardo Damian Brett Witter
Negotiating Team Member Assistant City Attorney
65 Ada KanaiPatrick Grant
Negotiating Team Member
Michael AbshireJustin Krellwitz
Negotiating Team Member