Cities Index.
Att 1 - Proposed Resolution

San Mateo City Council
October 19, 2026

Document
Att 1 - Proposed Resolution
Meeting
October 19, 2026
Body
San Mateo City Council
Pages
3
Original file
8.4 MB
Text extracted from the city's file for reading and search. Open the original on sanmateo.primegov.com. That file is the official record.

CITY OF SAN MATEO
RESOLUTION NO. ____ (2026)

APPROVING AMENDMENTS TO THE MEMORANDUM OF UNDERSTANDING BETWEEN THE

CITY OF SAN MATEO AND SEIU LIBRARY MERIT AND LIBRARY PER DIEM WHEREAS, the amendments are related to salary, term, other pays and miscellaneous language changes relating to the Memorandum of Understanding (“MOU”) between the City of San Mateo (“City”) and SEIU Library Merit and SEIU Per Diem (“SEIU-Library”) for a term through June 16, 2029, and to approve a supplemental budget appropriation from the General Fund balance in the amount of $185,000 to the fiscal year 2026-27 budget; and WHEREAS, the parties have negotiated in good faith, and have reached tentative agreement to amend the SEIU Library Merit and Library Per Diem (“SEIU- Library”) MOU; and WHEREAS, the SEIU-Library membership has ratified the Tentative Agreement; and

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SAN MATEO, CALIFORNIA, HEREBY RESOLVES that:

1. This Tentative Agreement is not subject to CEQA because it will not cause a physical change in the environment. (CEQA Guidelines Section 15378(b)(4).)

2. The amendments to the Memorandum of Understanding for the SEIU-Library, set forth in the Tentative Agreements attached as Exhibit A.

Exhibit A
Summary of Tentative Agreements:

Section City Proposal to SEIU Library Proposals
Merger Reopener If SEIU bargaining units merge after following the unit modification process pursuant to Personnel Rules and Regulations, the City would agree to have a re-opener of the MOU contract for SEIU Library.

Recognition SEIU Library Merit and Per Diem units shall be considered one unit. The rights and protections in the current Merit and Per Diem MOU will remain the same. The MOU will be combined integrating the Merit and Per Diem sections, distinguishing the differences between each unit.

Monday Holidays For holidays that fall on Monday, the Library shall be closed on the preceding Sunday. The City is committed to agendizing holiday per diem scheduling in the next Joint Labor Management Committee meeting following Council adoption of the MOU.

Bilingual Differential The City is committed to updating the citywide Bilingual Policy. All bargaining units will be invited to meet and confer within ten (10) months following Council adoption of the MOU.

General Membership The Union may submit a request for paid or unpaid release time for employees to participate in Union business/events that provide mutual benefit to both the Union and the City, in compliance with applicable federal, state, and local laws, rules, regulations, and City policies. Employees are prohibited from engaging in political activities while on duty or when on City premises, as stated in the Political Activities Policy.

All release time requests must be submitted to the Human Resources Director and shall be subject to final approval by the City Manager.

Term Three (3) year term expiring June 16, 2029, opportunity to reopen in 2027 if SEIU bargaining units merge.

Compensation Increases
During the Term of this
Agreement
A total of 14.23%/14.02% over a 3-year term, as follows:

A. Cost of Living Adjustments
Effective Date COLA
Effective the first full pay period following Council
adoption of this agreement. 3%
June 20, 2027 2%
June 18, 2028 2%
B. Equity Adjustments
Effective the first full pay period following Council adoption of this agreement, to bring the classification up to market median, the following classifications will receive an equity adjustment as outlined below:
• Librarian II (Benchmark) – 7.23%
• Librarian I
• Literacy Program Coordinator
• Literacy Specialist
• Library Assistant II (Benchmark) – 7.06%
• Senior Library Assistant
• Library Assistant I
• Library Aid I
• Library Aid II
C. “Me Too” Clause
If during the term of this Memorandum of Understanding, SEIU Maintenance receives a higher COLA for Year 2 (Fiscal Year 27/28) or Year 3 (Fiscal Year 28/29), SEIU Library shall receive the same COLA percentage.

The equity adjustments for the Library Unit and the Maintenance Unit shall be calculated consistently. If the SEIU Maintenance Unit agreement calculates Market Median Total Compensation equity adjustments in a different manner, the City shall calculate the equity adjustments provided under this Agreement using the same formula ultimately applied to the SEIU Maintenance Unit.

The effective date of such adjustment shall be the effective date of the City Council adopted SEIU Maintenance Unit across the board increase. The total compensation survey market median shall be determined by the existing agreed upon survey methodology and using the 2026 Bryce Library Total Comp studies for Librarian II and Library Assistant II.

Any adjustments as a result of this clause shall not result in a pay reduction for any library employee(s).

Librarian in Charge One (1) employee in the classification of Librarian who is designated to be “in-charge” shall receive an additional 5% of base pay for all hours worked performing “in-charge” duties during evening and weekend shifts when management is not present. The designation will be assigned on a scheduled rotation that addresses meal periods and ensures continuity.

Compensation Increases
During the Term of this
Agreement
Effective the first full pay period following Council adoption of this agreement, Literacy Specialists shall have their pay scale made equal to Librarian I and Literacy Coordinator pay scale will be made equal to Librarian II.

Differential and
Premium Pay
Update language and clarify that Temporary Upgrade Pay (TUP) and Work Out of Class (WOC) Pay must be a minimum of one (1) pay period. Update language to ensure compliance with CalPERS and Public Employees’ Retirement Law (PERL). Clarify the difference between TUP and WOC and re-organize the order of Premium Pays.

Other There are language changes to update, clarify, and/or comply with federal and state laws.

All Tentative Agreements will follow on the next page.

TOTAL TENTATIVE AGREEMENT
City of San Mateo
to
Service Employees Internation Union Library Merit and Per Diem October 6, 2026
Following is the total tentative agreement for a successor MOU between SEIU Local 521 and the City of San Mateo. Any language not addressed below will remain as stated in the parties July 9, 2023 – June 21, 2026 MOU.

Section City Proposal to SEIU Library Proposals
Merger Reopener If SEIU bargaining units merge after following the unit modification process pursuant to Personnel Rules and Regulations, the City would agree to have a reopener of the MOU contract for SEIU Library.

Recognition SEIU Library Merit and Per Diem units shall be considered one unit.

The rights and protections in the current Merit and Per Diem MOU will remain the same. The MOU will be combined integrating the Merit and Per Diem sections, distinguishing the differences between each unit.

Monday Holidays For holidays that fall on Monday, the Library shall be closed on the preceding Sunday.

The City is committed to agendizing holiday per diem scheduling in the next Joint Labor Management Committee meeting following Council adoption of the MOU.

Bilingual Differential The City is committed to updating the citywide Bilingual Policy. All bargaining units will be invited to meet and confer within ten (10) months following Council adoption of the MOU.

General Membership The Union may submit a request for paid or unpaid release time for employees to participate in Union business/events that provide mutual benefit to both the Union and the City, in compliance with applicable federal, state, and local laws, rules, regulations, and City policies. Employees are prohibited from engaging in political activities while on duty or when on City premises, as stated in the Political Activities Policy.

All release time requests must be submitted to the Human Resources Director and shall be subject to final approval by the City Manager.

Deferred Compensation Allow flexibility in deferring some of the salary adjustments (COLA or Equity Adjustments) based upon the interest of SEIU Library Merit and Per Diem.

Librarian in Charge One (1) employee in the classification of Librarian who is designated to be “incharge” shall receive an additional 5% of base pay for all hours worked performing “in-charge” duties during evening and weekend shifts when management is not present. The designation will be assigned on a scheduled rotation that addresses meal periods and ensures continuity.

Docusign Envelope ID: 23587FF9-DCD4-869E-8004-C1E14F99572F

Page 2 of 3 ends

Compensation
Increases During the
Term of this Agreement
A total of 14.23%/14.06% over a 3-year term, as follows:

A. Cost of Living Adjustments
Effective Date COLA
Effective the first full pay period following Council
adoption of this agreement.
3%
June 20, 2027 2%
June 18, 2028 2%
B. Equity Adjustments
Effective the first full pay period following Council adoption of this agreement, the following classifications will receive an equity adjustment as outlined below:
• Librarian II (Benchmark) – 7.23%
• Librarian I
• Literacy Program Coordinator
• Literacy Specialist
• Library Assistant II (Benchmark) – 7.06%
• Senior Library Assistant
• Library Assistant I
• Library Aid I
• Library Aid II
C. “Me Too” Clause
If during the term of this Memorandum of Understanding, SEIU Maintenance receives a higher COLA for Year 2 (Fiscal Year 27/28) or Year 3 (Fiscal Year 28/29), SEIU Library shall receive the same COLA percentage.

The equity adjustments for the Library Unit and the Maintenance Unit shall be calculated consistently. If the SEIU Maintenance Unit agreement calculates Market Median Total Compensation equity adjustments in a different manner, the City shall calculate the equity adjustments provided under this Agreement using the same formula ultimately applied to the SEIU Maintenance Unit.

The effective date of such adjustment shall be the effective date of the City Council adopted SEIU Maintenance Unit across the board increase. The total compensation survey market median shall be determined by the existing agreed upon survey methodology and using the 2026 Bryce Library Total Comp studies for Librarian II and Library Assistant II.

Any adjustments as a result of this clause shall not result in a pay reduction for any library employee(s).

Compensation
Increases During the
Term of this Agreement
Effective the first full pay period following Council adoption of this agreement, Literacy Specialists shall have their pay scale made equal to Librarian I and Literacy Coordinator pay scale will be made equal to Librarian II.

Term Three (3) year term expiring June 16, 2029, opportunity to reopen in 2027 if SEIU bargaining units merge.

Differential and
Premium Pay
Update language and clarify that Temporary Upgrade Pay (TUP) and Work Out of Class (WOC) Pay must be a minimum of one (1) pay period. Update language to ensure compliance with CalPERS and Public Employees’ Retirement Law Docusign Envelope ID: 23587FF9-DCD4-869E-8004-C1E14F99572F

Page 3 of 3 ends

(PERL). Clarify the difference between TUP and WOC and re-organize the order of Premium Pays.

This tentative agreement includes the City’s proposal of June 4, 2026:

Section City Proposal to SEIU Library Proposals
Housekeeping Update Language and provide clarification.

TA Status - City Proposals
Section Proposal Status
Protected Leave Clarify that the amount of protective leave varies based on the various federal and state laws (e.g., FMLA, CFRA, PDL, etc.).

TA on 7/28/2026
Family School
Partnership Act
Leave
Provide employees up to forty (40) hours of leave per year to participate in school activities in accordance with state law.

Employees shall utilize their own leave balances under this section.

TA on 4/23/2026
(Merit)
TA on 4/20/2026 (Per
Diem)
Bereavement
Leave
Increase Bereavement Leave from 3 to 5 days and update
“immediate family” definition to comply with federal and state law.

TA on 7/28/2026
Extended Sick
Leave
Eliminate extended sick leave as this section has not been utilized and employees are eligible for SDI.

TA on 7/28/2026
Family Sick
Leave
Clarify that employees may take up to half of their accrued sick leave per calendar year to attend to family members who are ill or injured in accordance with state law. Merit = 6 days; Per Diem = varies.

TA on 7/28/2026
Victim and Family
Support Leave
Add a new section to comply with Government Code
§12945.8, granting employees unpaid, job-protected leave of absence if they or their family members are a victim of a qualifying act of violence.

TA on 7/28/2026
Industrial Sick
Leave
Update and clean-up language. TA on 7/28/2026
Exempt
Employees
Update section to add 2 classifications: Literacy Program Coordinator and Literacy Specialist.

TA on 7/28/2026
For the SEIU-Library: For the City:
___________________________ ___________________________ Eric Rosenthal Stacey Cue, IEDA
Date: __________ Date:____________
____________________________ _____________________________ ____________________________ _____________________________ ____________________________ _____________________________ ____________________________
Docusign Envelope ID: 23587FF9-DCD4-869E-8004-C1E14F99572F 10/14/2026 10/14/2026

MEMORANDUM OF UNDERSTANDING NEGOTIATIONS

BETWEEN

SERVICE EMPLOYEES INTERNATIONAL UNION
LOCAL 521, SEIU LIBRARY MERIT UNIT
AND

THE CITY OF SAN MATEO
CITY PROPOSAL #1

TENTATIVE AGREEMENT
OCTOBER 12, 2026
MOU SECTION: Throughout the Memorandum of Understanding Intent: Update language and provide clarification. If a signed Tentative Agreement (TA) modifies the language addressed in this Housekeeping TA, the signed TA shall supersede and control to the extent of any conflicting language except in terminology in which the intention is to replace the term “employee” with “worker.”

CITY OF SAN MATEO
AND

SEIU LIBRARY MERIT UNIT

MEMORANDUM
OF

UNDERSTANDING
EFFECTIVE:

July 9, 2023 – June 21, 2026
Docusign Envelope ID: 082209F8-04AC-891D-8394-800A7B37E655 i SEIU Library Merit
2020-2023

CITY OF SAN MATEO LIBRARY MERIT UNIT

TABLE OF CONTENTS

1.0 RECOGNITION ................................................................................................................5

2.0 NO DISCRIMINATION ...................................................................................................6

3.0 UNION SECURITY ...........................................................................................................6

3.1 PAYROLL DEDUCTIONS AND PAY-OVER .......................................................................................... 6

3.2 LEAVES OF ABSENCE WITHOUT PAY FOR UNION WORK ................................................................. 6

3.3 ENFORCEMENT ................................................................................................................................. 7

3.4 THIRD PARTY NOTIFICATION .......................................................................................................... 7

4.0 UNION RIGHTS ................................................................................................................7

4.1 MEET AND CONFER .......................................................................................................................... 7

4.2 BULLETIN BOARDS ........................................................................................................................... 7

4.3 ACCESS TO WORK LOCATIONS........................................................................................................ 7

4.4 ACCESS TO FACILITIES .................................................................................................................... 7

4.5 MAIL DISTRIBUTION ........................................................................................................................ 7

4.6 EMPLOYEE REPORTS ....................................................................................................................... 7

4.7 NEW HIRE ORIENTATION ................................................................................................................ 8

5.0 UNION NOTICE ................................................................................................................8

6.0 STEWARDS AND REPRESENTATIVES ......................................................................9

6.1 STEWARDS ........................................................................................................................................ 9

6.2 OFFICIAL REPRESENTATIVES .......................................................................................................... 9

6.3 REPRESENTATION ............................................................................................................................ 9

7.0 CITY RIGHTS ...................................................................................................................9

8.0 COMPENSATION ..........................................................................................................10

8.1 SALARY ADVANCEMENT WITHIN RANGE ..................................................................................... 10

8.2 SALARY ADVANCEMENT REVIEW.................................................................................................. 10

8.3 SALARY STEP UPON STATUS CHANGES ......................................................................................... 10

8.3.1 Appointment .................................................................................................................... 10

8.3.2 Promotion ........................................................................................................................ 10

8.3.3 Per Diem to Merit ........................................................................................................... 11

8.3.4 Demotion .......................................................................................................................... 11

8.3.5 Transfer ........................................................................................................................... 11

8.3.6 Re-Employment .............................................................................................................. 11

8.3.7 Involuntary Demotion .................................................................................................... 11

8.3.8 Request for Transfer ...................................................................................................... 11

8.3.9 Reclassification Procedure ............................................................................................. 12

8.4 LIMITED DURATION POSITIONS..................................................................................................... 12

8.5 DEFERRED COMPENSATION ........................................................................................................... 12

9.0 SALARY ADJUSTMENT ...............................................................................................12

9.1 COMPENSATION INCREASES DURING THE TERM OF THIS AGREEMENT ...................................... 13

9.2 MARKET PLACEMENT AND COMPENSATION SURVEY .................................................................. 13

9.3 MID-TERM PAY RAISES ................................................................................................................. 13

9.4 NEW HIRE COMPENSATION ........................................................................................................... 14

9.5 PERFORMANCE BASED COMPENSATION INCREASES .................................................................... 14

9.6 NOTICE TO EMPLOYEE OF DENIAL ............................................................................................... 14

9.7 PERFORMANCE EVALUATIONS ...................................................................................................... 14

9.8 COMPENSATION REVIEW ............................................................................................................... 14

10.0 PROBATIONARY PERIOD ..........................................................................................14

11.0 DIFFERENTIALS AND PREMIUM PAY ......................................................................15

11.1 BILINGUAL DIFFERENTIAL ............................................................................................................ 15

11.2 WORK OUT OF CLASS .................................................................................................................... 15 Docusign Envelope ID: 082209F8-04AC-891D-8394-800A7B37E655 ii SEIU Library Merit
2020-2023

11.3 TEMPORARY UPGRADE PAY .......................................................................................................... 15

11.4 OVERTIME ...................................................................................................................................... 16

11.4.1 Exempt Employees .......................................................................................................... 16

11.4.2 FLSA Audit ..................................................................................................................... 16

11.4.3 Definitions ........................................................................................................................ 17

11.4.4 Overtime Rate ................................................................................................................. 17

11.4.5 Overtime Minimum ........................................................................................................ 17

11.4.6 Overtime Authorization ................................................................................................. 18

11.4.7 Hours of Work/Definition of Workweek ...................................................................... 18

11.4.8 Review of Library Schedule ........................................................................................... 18

11.4.9 Change in Work Schedule .............................................................................................. 18

11.4.10 Alternate/Flexible Work Schedule ................................................................................ 18

11.5 EASTER SUNDAY PAY ..................................................................................................................... 18

12.0 EDUCATION AND TRAINING REIMBURSEMENT ...............................................19

13.0 VACATION ......................................................................................................................19

13.1 CITY POLICY .................................................................................................................................. 19

13.2 VACATION ALLOWANCE ................................................................................................................ 19

13.3 VACATION ACCUMULATION .......................................................................................................... 19

13.4 VACATION SELL-BACK .................................................................................................................. 20

13.5 VACATION SCHEDULING ................................................................................................................ 20

13.6 PERSONAL BUSINESS ...................................................................................................................... 20

13.7 AMOUNT OF VACATION TIME ........................................................................................................ 20

13.8 VACATION EMERGENCY ................................................................................................................ 20

14.0 HOLIDAYS ......................................................................................................................20

14.1 HOLIDAYS ....................................................................................................................................... 20

14.2 BOARD DESIGNATED SPECIAL HOLIDAYS ..................................................................................... 21

14.3 SATURDAY AND SUNDAY HOLIDAYS .............................................................................................. 21

14.4 WORK ON A HOLIDAY .................................................................................................................... 22

15.0 SICK LEAVE ...................................................................................................................22

15.1 PURPOSE ......................................................................................................................................... 22

15.2 SICK LEAVE ACCRUAL ................................................................................................................... 22

15.3 DOCTOR'S CERTIFICATION ............................................................................................................ 23

15.4 PROTECTED SICK LEAVE ............................................................................................................... 23

15.4.1 Bereavement Leave ......................................................................................................... 23

15.5 EXTENDED SICK LEAVE ................................................................................................................. 23

15.6 SICK LEAVE ADVANCE ................................................................................................................... 24

15.7 ACCUMULATION OF VACATION, SICK LEAVE, AND HOLIDAY CREDIT ........................................ 24

15.8 DAILY HOUR VALUE/PART-TIME MERIT WORKER ..................................................................... 24

16.0 CATASTROPHIC INJURY OR ILLNESS LEAVE ....................................................24

16.1 PURPOSE ......................................................................................................................................... 24

16.2 CATASTROPHIC INJURY OR SERIOUS HEALTH CONDITION DEFINED .......................................... 24

16.3 WORKERS ELIGIBLE TO DONATE .................................................................................................. 24

16.4 WORKERS ELIGIBLE TO RECEIVE DONATIONS ............................................................................ 25

16.5 LIMITS ON DONATED TIME ............................................................................................................ 25

16.6 HOURLY DONATIONS ..................................................................................................................... 25

17.0 HEALTH AND WELFARE ............................................................................................25

17.1 HEALTH INSURANCE ...................................................................................................................... 25

17.2 INTERNAL REVENUE CODE SECTION 125 PLAN ............................................................................ 27

17.2.1 Merit Employees hired before July 1, 2006 .................................................................. 26

17.2.2 Merit Employees hired on or after July 1, 2006 ........................................................... 26

17.3 DENTAL INSURANCE ....................................................................................................................... 27

17.4 VISION INSURANCE......................................................................................................................... 27

17.5 LIFE INSURANCE ............................................................................................................................ 27

17.6 AD&D INSURANCE ........................................................................................................................ 27

17.7 LONG-TERM DISABILITY INSURANCE ........................................................................................... 27

17.8 RETIREMENT .................................................................................................................................. 28 Docusign Envelope ID: 082209F8-04AC-891D-8394-800A7B37E655 iii SEIU Library Merit
2020-2023

17.9 TERMINATION PAY ......................................................................................................................... 28

17.10 REHABILITATION ........................................................................................................................... 29

17.11 SAFETY COMMITTEE ...................................................................................................................... 29

17.12 RETIREMENT HEALTH SAVINGS ACCOUNT .................................................................................. 29

18.0 EMPLOYMENT LEAVES .............................................................................................30

18.1 CONTINUOUS SERVICE DEFINED ................................................................................................... 30

18.2 DISABILITY LEAVE ......................................................................................................................... 30

18.3 MILITARY LEAVE ........................................................................................................................... 31

18.4 JURY DUTY ..................................................................................................................................... 31

18.5 LEAVE OF ABSENCE WITHOUT PAY .............................................................................................. 31

18.6 VOLUNTARY REDUCTION IN WORK HOURS .................................................................................. 32

18.7 FAMILY CARE LEAVE .................................................................................................................... 32

19.0 EMPLOYMENT ADMINISTRATION .........................................................................32

19.1 PERSONNEL FILES .......................................................................................................................... 32

19.1.1 Release of Information ................................................................................................... 32

19.1.2 Access and Contents ....................................................................................................... 32

19.1.3 Letters of Reprimand ..................................................................................................... 32

19.2 FLEXIBLE STAFFING ....................................................................................................................... 33

19.3 EMPLOYMENT DEVELOPMENT ...................................................................................................... 33

19.4 CREDIT FOR PREVIOUS EMPLOYMENT ......................................................................................... 33

20.0 GRIEVANCE PROCEDURES .......................................................................................34

20.1 PURPOSE. ........................................................................................................................................ 34

20.2 GRIEVANCE DEFINITIONS .............................................................................................................. 34

20.2.1 Grievance ......................................................................................................................... 34

20.2.2 Supervisor ........................................................................................................................ 34

20.2.3 Party ................................................................................................................................. 34

20.2.4 Working Day ................................................................................................................... 34

20.3 INFORMAL DISCUSSION. ................................................................................................................. 34

20.4 FORMAL GRIEVANCE - STEP ONE. ................................................................................................ 35

20.5 FORMAL GRIEVANCE - STEP TWO. ................................................................................................ 35

20.6 ARBITRATION - STEP THREE. ........................................................................................................ 35

20.7 TIME ............................................................................................................................................... 36

20.8 GENERAL ........................................................................................................................................ 36

20.9 EXCLUSIONS ................................................................................................................................... 37

21.0 DISCIPLINARY PROCEDURE AND PERSONNEL BOARD PROCESS ...............37

21.1 DISCIPLINARY ACTION DEFINITION .............................................................................................. 37

21.2 WEINGARTEN RIGHTS (RIGHT TO HAVE UNION REPRESENTATION IN AN INVESTIGATORY MEETING) ..............................................................................................37

21.3 DISCIPLINARY ACTION .................................................................................................................. 37

21.3.1 Notice of Proposed Discipline ........................................................................................ 37

21.3.2 Notice of Disciplinary Action ......................................................................................... 38

21.4 APPEALS ......................................................................................................................................... 38

21.4.1 Time for Appeal .............................................................................................................. 38

21.4.2 Notice of Appeal - Contents. .......................................................................................... 39

21.4.3 Setting Hearing Date ...................................................................................................... 39

21.4.4 Findings and Conclusions .............................................................................................. 39

22.0 LAYOFF PROCEDURE .................................................................................................39

22.1 LAYOFF DEFINED ........................................................................................................................... 39

22.2 SENIORITY ...................................................................................................................................... 39

22.3 SENIORITY FOR LAYOFF PURPOSES .............................................................................................. 40

22.4 BUMPING RIGHTS ........................................................................................................................... 40

22.5 MUTUALLY AGREED UPON TRANSFER ......................................................................................... 40

22.6 SEVERANCE PACKAGE ................................................................................................................... 40

22.7 SALARY IN EVENT OF CHANGE DUE TO LAYOFF .......................................................................... 41

22.8 NOTICE OF LAYOFF ........................................................................................................................ 41

22.9 EFFECTIVE DATE OF LAYOFF ........................................................................................................ 41 Docusign Envelope ID: 082209F8-04AC-891D-8394-800A7B37E655 iv SEIU Library Merit
2020-2023

22.10 APPEAL ........................................................................................................................................... 41

23.0 RECALL AND REEMPLOYMENT .............................................................................42

23.1 MEET AND CONFER ........................................................................................................................ 42

24.0 RE-EMPLOYMENT PROCEDURES AFTER RESIGNATION ...............................42

25.0 MISCELLANEOUS PROVISIONS ...............................................................................43

25.1 MILEAGE ALLOWANCE .................................................................................................................. 43

25.2 JOINT LABOR MANAGEMENT COMMITTEE .................................................................................. 43

26.0 NO STRIKE ......................................................................................................................43

27.0 NO LOCKOUT ................................................................................................................43

28.0 SEVERABILITY OF PROVISIONS .............................................................................44

29.0 CONTRACTING OUT ....................................................................................................44

30.0 AGREEMENT TERM.....................................................................................................44 EXHIBIT A LIBRARY MERIT UNIT CLASSIFICATIONS ........ 4ERROR! BOOKMARK NOT DEFINED.

EXHIBIT B BENEFIT SUMMARY SHEET ............................ 4ERROR! BOOKMARK NOT DEFINED.

INDEX ....................................................................................................................................44

Docusign Envelope ID: 082209F8-04AC-891D-8394-800A7B37E655 v SEIU Library Merit
2020-2023

MEMORANDUM OF UNDERSTANDING

BETWEEN

CITY OF SAN MATEO
AND

SERVICE EMPLOYEES INTERNATIONAL UNION
LOCAL 521, SEIU LIBRARY MERIT UNIT
March 8, 2020– March 4, 2023
This Memorandum of Understanding constitutes the result of meeting and conferring in good faith pursuant to the provisions of Chapter 10, Division 4, Title 1, of the Government Code of the State of California.

Modifications to existing wages, hours and conditions of employment set forth below have been agreed to by the signatories to this Memorandum for implementation, for all workers represented by the Service Employees International Union, Local 521. This Memorandum of Understanding shall remain in full force and effect upon the approval of the City Council of the City of San Mateo and ratification by the members of the Library Merit Unit; and the terms of this agreement shall be binding upon all successors and assigns of each party to this MOU. The parties agree as follows:

1.0 RECOGNITION
The City has recognized the Union as the exclusive bargaining representative for all classifications specifically listed in Exhibit A. For purposes of identification this unit shall be entitled the Library Merit Unit.

Duties covered by the foregoing classifications shall not regularly be assigned to workers not in the SEIU Library Merit Unit except as authorized by contractual agreement with the Library Per Diem Unit.

New workers hired and assigned to classifications covered by the SEIU Library Merit Unit shall be advised by the City that Local 521, Service Employees International Union, is the recognized bargaining representative in said unit. The City agrees to distribute to all new workers in the Library Merit Unit a reasonable amount of materials provided by the Union.

Classifications represented by SEIU Local 521 funded under federal or state employment programs shall be included in the Library Merit Unit.

The Personnel Officer, Municipal Employee Relations Officer, or any person or organization authorized by the City, is the representative in employer-worker relations.

If the City develops a new classification, the Union will be notified of the proposed unit designation.

The City agrees to recognize SEIU Local 521 as the representative of part-time merit workers performing duties of the classifications listed in Exhibit A.

Docusign Envelope ID: 082209F8-04AC-891D-8394-800A7B37E655 vi SEIU Library Merit
2020-2023

2.0 NO DISCRIMINATION
The City and the Union agree that there shall be no discrimination of any kind because of race, creed, religion, color, national origin, sex, political affiliation, disability, sexual orientation, or union activity against any worker or applicant for employment; and to the extent prohibited by applicable state and federal law there shall be no discrimination because of age.

3.0 UNION SECURITY

3.1 Payroll Deductions and Pay-over
The Union may request that the City make payroll deductions from certain workers employees by providing the City with a list of those workers employees from whom deductions should be made. When requesting a deduction, the Union shall certify that it has, and will maintain, an authorization to make the deduction, signed by the individual from whose salary or wages the deduction is to be made. The City shall rely on information provided by the Union regarding whether deductions for an worker employee organization were properly canceled or changed, and the worker employee organization shall indemnify the public agency for any claims made by the worker employee for deductions made in reliance on that information.

The workeremployee’s earnings must be sufficient, after other legal and required deductions are made, to cover the amount of the dues authorized.

When an worker employee is in a non-pay status for an entire pay period, no withholding will be made to cover the pay period from future earnings. In the case of an worker employee who is in a non-pay status during only part of the pay period and the salary is not sufficient to cover the full withholding, no deduction shall be made.

3.2 Leaves of Absence without pay for Union work
Leaves of absence without pay to take employment with the Union signatory to this MOU shall be granted for a minimum of two (2) full biweekly pay periods and a maximum of 12 full biweekly pay periods upon thirty (30) days advanced written notice from the Union. Notice shall include the estimated length of time for the leave of absence.

Workers are entitled to retain any accrued vacation and holiday credits while on such leaves. In the event that workers on approved Union leaves want to continue group benefits coverage (including medical, dental, vision and life insurance) through the City plans, arrangements will be made for the Union to reimburse the City for the costs associated with continuing such coverage.

No more than one (1) worker employee shall be granted a leave of absence without pay at a time. In the event the worker employee is in a business-critical position, a meeting will occur between the Union and the Department Head regarding the feasibility of the release.

Denials will be provided in writing and will include the reason for the denial. Denials may be appealed to the Human Resources Director, whose decision shall be final.

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3.3 Enforcement
Nothing herein shall require the City to take disciplinary action against any worker employee who fails to comply with the provisions of this Article.

3.4 Third Party Notification
The City shall immediately notify the Union of any third-party request for contact information about the bargaining unit workersemployees. The City shall promptly provide the Union with a copy of the request.

4.0 UNION RIGHTS

4.1 Meet and Confer
In the event any new practice or subject matter, including job classification modification, arises during the term of this Agreement and an action is proposed by the City, the Union shall be afforded all possible notice and shall have the right to meet and confer upon request.

4.2 Bulletin Boards
The City shall provide Union bulletin boards at all work locations for the posting of official Union bulletins and notices.

4.3 Access to Work Locations
Staff representatives of the Union are authorized to visit work locations for the purpose of ascertaining whether or not this Agreement is being observed. This right shall be exercised reasonably. Such staff representatives of the Union shall notify management at the work location of their visit and shall not disrupt the normal conduct of work. Such activities as collection of dues, holding membership meetings, and conducting elections are prohibited during working hours without the prior approval of the Human Resources Director or an authorized representative.

4.4 Access to Facilities
City buildings and other facilities shall be made available for use by the Union or their representatives in accordance with City administrative procedures governing such use.

4.5 Mail Distribution
SEIU Local 521 may distribute a reasonable amount of information to City workers through intra- and inter-departmental mail without interference or censorship.

4.6 Employee Worker Reports
Pursuant to Government Code section 3558, the City of San Mateo shall provide SEIU Local 521 with the following information regarding all workers employees in the bargaining unit:
a. Name
b. Job title
c. Department
d. Home Department Description
e. Work phone number
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f. Home phone number
g. Personal cell phone number
h. Home address
i. Adjusted Date of Hire
For new workersemployees, including rehires, the City shall provide this information to the Union within thirty (30) days of hire, or by the first pay period of the month following hire.

The City shall provide the same information to the Union for all existing workers employees every one hundred twenty (120) days.

Reports shall be electronic and malleable.

4.7 New Hire Orientation
Each worker employee covered by this agreement who is hired subsequent to the execution of the agreement shall be granted a thirty (30) minute union orientation meeting with a union representative and/or steward to be held during the Citywide new hire orientation at a designated time, provided that a union representative and/or union steward is available at the time of the scheduled orientation. The orientation shall not be delayed in order to ensure that a union representative and/or steward is available. The union representative shall be notified at least ten (10) days in advance of and allowed access to the premises on the day of the Citywide new hire orientation.

The City representatives shall be absent from the room during any sessions, meetings or trainings conducted by the Union with newly hired workersemployees. The City shall not discourage an worker’s employee’s participation in the Union’s portion of the onboarding process.

5.0 UNION NOTICE

Except in cases of emergency as provided in this Section, the City shall give reasonable written notice to SEIU Local 521 of any ordinance, rule, resolution or regulation directly relating to matters within the scope of representation for the Library Merit Unit proposed to be adopted by the City and shall give SEIU Local 521 the opportunity to meet and confer. The parties agree to continue their practice of open, informal communications and notification of issues related to working conditions.

The Union shall be notified in advance of any contemplated changes in classification description for classes assigned to the Library Merit Unit prior to consideration for implementation.

In cases of emergency when the City determines that an ordinance, rule, resolution or regulation must be adopted immediately for the Library Merit Unit, without prior notice or meeting with SEIU Local 521, the City shall provide such notice and opportunity to meet at the earliest practicable time following adoption of such ordinance, rule, resolution or regulation.

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6.0 STEWARDS AND REPRESENTATIVES

6.1 Stewards
The Union agrees to notify the Human Resources Director of those individuals designated as Union officers and stewards who represent workers before the City.

Alternates may be designated to perform steward functions during the absences or unavailability of the steward.

Upon request, stewards shall be relieved from their assigned work duties by their supervisor when it does not conflict with work assignments to attend meetings arranged with management; to investigate and process grievances initiated by other workers; to attend new worker orientation; and to be trained by observing other steward’s processing of a grievance. Grievances which may arise and cannot be adjusted on the job shall be reported to the Union by the steward; provided, however, in no event shall the steward or the Union order any changes, and no changes shall be made except with the consent of the appropriate Department Head. The Union will promptly provide the Human Resources Director, in writing, up-to-date lists of stewards with the work area which they represent.

6.2 Official Representatives
A maximum of three (3) Union representatives shall be allowed concurrent time off without loss of compensation to meet and confer or meet and consult with City officials on matters within the scope of representation. Additional representatives may be approved by the City for attendance at such meetings where warranted without loss of compensation. The Union shall submit the names of all such worker representatives to the Human Resources Director at least two (2) working days prior to such meetings, and the representatives shall advise their supervisor reasonably in advance prior to leaving their work assignment to attend such meetings.

All steward release time shall be reported as such on time cards.

6.3 Representation
The City recognizes the officers of the Library Merit Unit and committee members appointed by SEIU Local 521 as representing all classifications in the Library Merit Unit.

Upon reasonable advance notice, such officers and committee members shall be relieved from their assigned work duties by their supervisors to attend meetings arranged with management, to attend new worker orientation, and, if it does not interfere with established deadlines, to process grievances initiated by other workers in the Library Merit Unit.

7.0 CITY RIGHTS
The rights of the City include, but are not limited to, the exclusive right to determine the mission of its constituent departments, commissions and boards; set standards of service; determine the procedures and standards of selection for employment and promotion; direct its workers; take disciplinary action; relieve its workers from duty because of lack of work or for other legitimate reasons; maintain the efficiency of governmental operations; determine the methods, means and personnel by which government Docusign Envelope ID: 082209F8-04AC-891D-8394-800A7B37E655 x SEIU Library Merit
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operations are to be conducted; determine the content of job classifications; take all necessary actions to carry out its mission in emergencies; and exercise complete control and discretion over its organization and the technology of performing its work.

8.0 COMPENSATION
Compensation is intended to be consistent with City-wide compensation objectives as approved by the City Council and commensurate with actual job performance. Job performance will be the sole criteria for determining an individual worker’s employee's placement within a salary range.

8.1 Salary Advancement Within Range
Salary advancement within a defined range shall be based on merit and performance as determined by the Department Head. The supervisor’s evaluations and recommendations will be used by the Department Head, who will determine the worker’semployee’s advancement within the range.

Salary advancement within an established range is typically considered at one (1) year intervals and/or at the time of range adjustments resulting from meet and confer. The date of salary review and increase may be advanced or delayed as determined by the Department Head. Salary advancement typically occurs in increments of four and onehalf percent (4 ½ %); however, at no time shall an worker employee advance beyond top of the established range.

Other than the review process outlined in Section 8.2, no appeal shall occur from the decision of the supervisor and/or Department Head whether by discipline procedure, grievance, or otherwise.

8.2 Salary Advancement Review
(This subsection shall not apply to and does not include the Salary Adjustment in Section 9).

The date of a scheduled in-grade salary increase may be delayed based on merit and performance, as determined by the Department Head. Delays of in-grade increases beyond twelve (12) months may be appealed to the Personnel Board.

8.3 Salary Step Upon Status Changes

8.3.1 Appointment
On initial appointment to the Merit System, the entrance salary for any worker shall be at the minimum salary for that class except, when in the opinion of the Personnel Officer circumstances warrant; appointment may be made at a higher step on the recommendation of the Department Head.

8.3.2 Promotion
Upon promotion, the compensation of a worker shall be increased to a step in the new salary range next above the rate of compensation received prior to promotion. The Docusign Envelope ID: 082209F8-04AC-891D-8394-800A7B37E655 xi SEIU Library Merit
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amount of such an increase shall be equal to at least one step in the pay range for the new classification.

8.3.3 Per Diem to Merit
Upon appointment from Per Diem to Merit in the same job classification or classification series, compensation shall be equal to, or more than, the rate of compensation the worker was receiving prior to the appointment not to exceed the top step of the range of the class.

For example, a Per Diem Librarian II worker employee appointed to a merit Librarian I position, compensation shall not exceed the top of the Librarian I class.

8.3.4 Demotion
"Demotion" shall mean the appointment of a worker from one City class to a different City class for which the maximum rate of compensation is lower than the maximum rate of the former class. Said demotion shall be considered voluntary unless it results from the layoff or discipline process.

Reason Rate
a. Discipline a. Set by discipline
b. Voluntary demotion or layoff b. Top of range
c. Failure to complete probation after
promotion
c. Return to same relative percentage as
held before promotion

8.3.5 Transfer
"Transfer" shall mean a change of positions within the same or comparable class with a salary differential of four and one-half (4 ½ %) percent or less between tops of ranges.

If appointed to a class having a maximum salary equal to that of the immediate former class, a worker shall be entitled to receive the same rate of compensation the worker would have received if the worker had remained in their former class.

8.3.6 Re-Employment
Upon approval of the Personnel Officer, if a former worker is reemployed from the eligible list for their classification held immediately prior to resignation, the worker may be paid at a rate higher than the normal entrance rate but at no more than the step attained in the classification in which permanent status was held at the time of resignation.

8.3.7 Involuntary Demotion
In the event of an involuntary demotion resulting from a reduction in the number of authorized positions, a worker's rate of compensation in the lower class shall be the salary step closest to the base salary received immediately prior to the involuntary demotion.

8.3.8 Request for Transfer
A worker may provide the Human Resources Department with a confidential written request for transfer at any time.

All vacant or newly created positions to be filled shall be posted for seven (7) calendar days to allow sufficient time for a worker to consider requesting a transfer. The seven (7) Docusign Envelope ID: 082209F8-04AC-891D-8394-800A7B37E655 xii SEIU Library Merit
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day posting period may be waived by mutual agreement between the City and SEIU Local 521.

Transfer requests to vacant positions will be considered prior to filling the position from an eligible list.

8.3.9 Reclassification Procedure
During the term of this Agreement, a worker or their representative may request once every twenty-four (24) months, a re-evaluation of their job based on significant changes in job content and classification description. The request must contain justification.

Following Ddepartment hHead review, the request shall be forwarded, within thirty (30) days, to the Human Resources Director, who shall respond to such request within sixty (60) days. If meetings are held, the worker may request representation. Any changes determined will become effective the first pay period following the decision, or the job will be returned to its previous status. The employee worker may appeal the Human Resources Director’s determination to the Personnel Board, to the extent the Personnel Rules provide.

8.4 Limited Duration Positions
City may hire workers employees in limited duration positions (non-permanent positions) that will not exceed three (3) years for any of the following reasons: 1) where the position is created for a project(s) or work that is expected to be completed within three (3) years; 2) where the position is funded by grant funds of three (3) or less years in duration; or 3) where the position is funded by moneys from capital or enterprise funds that may be unavailable after three (3) years. Workers Employees shall be informed of the duration of the position at the time of employment. At the end of the position’s duration, employment shall terminate and the worker employee shall not have layoff rights, bumping rights, severance payments or reemployment rights. This provision shall supersede Personnel Rule Section 1 (1416) and (24). Should an worker employee who was originally hired to fill a limited duration position be later appointed to a permanent merit position, their hire date will be that date that service began in the limited duration position. Limited duration workers employees shall not be eligible for transfer to a lateral permanent position without also considering all other eligible candidates on an existing employment list. If there is no existing list one shall be established and the limited duration worker employee may be considered also with the other eligible candidates.

8.5 Deferred Compensation
Merit system workers are entitled to participate in the dDeferred Ccompensation Pplan(s) established by the City of San Mateo. Effective August 26, 2018, the City shall contribute 1% of base salary, biweekly, to employee’s deferred compensation accounts. Effective June 27, 2021, tThe City’s contribution shall increase contributeto 1.5% of base salary.

Effective June 26, 2022, Tthe City shall match up to an additional 0.5% of base salary of an employee worker’s contribution into their deferred compensation Pplan.

9.0 SALARY ADJUSTMENT
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Successful worker employee performance is a key factor in determining compensation.

Employees Workers with an overall performance rating of “Proficient” or better will receive increases in base salary.

9.1 Compensation Increases During the Term of this Agreement The Unit will receive the following across the board increases during the term of this agreement:

Effective July 9, 2023, employees workers will receive a four percent (4.0%) across the board increase. The effective date of this increase is in recognition of the pause in the negotiation process due to the City’s change of City Manager. The union acknowledges this is an extraordinary circumstance and not a departure from the City’s long-standing practice of adopting MOUs with salary effective dates the pay period following adoption or later.

To aid in recruitment and retention, the Librarian I/II series shall receive an additional two percent (2%) increase effective July 9, 2023.

Effective June 23, 2024, workers employees will receive a three percent (3%) across the board increase.

Effective June 22, 2025, workers employees will receive a three percent (3%) across the board increase.

9.2 Market Placement and Compensation Survey
The City agrees to provide survey data prior to the commencement of negotiations for a successor Memorandum. Data to be provided shall include: top step salary, EPMC and deferred compensation; PERS and Social Security (City share); health, dental and vision benefits; life insurance and LTD.

The City seeks to set top-step base salaries equal to the median of comparable cities with populations from 50,000 to 150,000 in San Mateo, Santa Clara and Alameda counties.

The comparable cities will be surveyed and the data will be used to provide a competitive package. The data will be compiled no later than two (2) months prior to the expiration of this Memorandum of Understanding. The market median for benchmark classifications is determined by a survey of comparable benchmark classifications using those cities used to set compensation adjustments for the Unit.

Base salary adjustments are subject to negotiations for a successor Memorandum of Understanding.

9.3 Mid-Term Pay Raises
When the City has the financial ability, mid-term pay raises of up to two and one-half percent (2½%) may be granted to the bargaining unit. In the event the Council approves mid-term pay raises, they will consider, among other factors, the employment market, recruitment and retention history, as well as the City’s financial health.

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9.4 New Hire Compensation
This Section is not intended to exclude newly hired/promoted/appointed workers who have not received an annual performance evaluation. As outlined below, these individuals will receive a salary increase if they have an overall effective or better performance evaluation on their most recent evaluation, received no disciplinary action, and/or the worker is not currently on a Performance Improvement Plan (PIP).

9.5 Performance Based Compensation Increases
If one (1) or more of the following has occurred within the twelve (12) months preceding the scheduled base salary increase, the Department Head will determine the amount of increase, if any:
 The employee worker has received an overall performance rating of less than “Proficient” and a meeting has occurred prior to the performance rating that informed the worker employee of the performance difficulties.
 The worker employee has been placed on a performance improvement plan.  The worker employee has received a disciplinary action, as defined in the Memorandum of Understanding.

9.6 Notice to Employee Worker of Denial
At any such time the worker employee is denied a compensation increase based on one or more of the above criteria (section 9.5), the worker employee will be notified in writing of the improvements/performance required, the timeframe for the needed improvements and the expected date to have the compensation increase implemented in part or in whole.

This section does not prohibit the worker employee from receiving the increase earlier should the employee's worker's improved performance warrant it. An worker employee placed on a PIP shall receive the missed compensation increase upon the successful completion of the PIP.

9.7 Performance Evaluations
Personnel evaluations will be given to workers annually as scheduled by management.

Personnel evaluations are not subject to appeal. In the absence of an annual performance evaluation, the workeremployee’s performance is presumed to be “Proficient” unless overcome by contrary evidence.

In the event of disagreement over content, the worker may request a review meeting on the evaluation with the Department Head. For purposes of this review, the worker may be represented by the Union. Decisions resulting from the review meeting shall be made in writing within ten (10) working days following the review meeting.

9.8 Compensation Review
During the term of this Agreement, the Union may request that a non-benchmark classification be reviewed for job content and internal relationships or for appropriate market-based salary. Any review will be based on significant changes in job requirements or job duties. The City agrees to provide the Union with the results of the review prior to making any recommendations to City Council.

10.0 PROBATIONARY PERIOD
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The probationary period shall relate to the length of time it requires for a worker to become proficient in the particular position and for the appointing authority to adequately judge the proficiency of the worker. Recognizing that individuals and positions vary, the standard probationary period for all positions shall be twelve (12) months but may be lengthened by up to six (6) months by mutual agreement between the worker and the Department Head or shortened by six (6) months depending on the proven proficiency of the probationer and with the concurrence of the Personnel Officer. Disciplinary appeal procedures do not apply to probationary workers; provided, however, that if a permanent worker is promoted and does not complete the promotional probationary period, then appeal procedures shall apply if the worker is unable to retreat to a vacant position in the same or comparable class held prior to promotion.

11.0 DIFFERENTIALS and AND PREMIUM PAY

11.1 Bilingual Differential
Based upon the City's need, the bilingual proficiency of the worker and recommendation of the Department Head, the Human Resources Director may approve bilingual premium pay to a worker at the rate of ninety dollars ($90.00) per pay period. If a bilingual qualified employee worker works less than full-time, the bi-weekly differential will be pro-rated. If a worker is off work for an extended leave (over 30 days), the worker will not receive the bilingual differential for the remainder of the leave. In addition to English speaking skills, an individual must possess Chinese, Japanese, Spanish or other speaking skills as deemed appropriate by the Department Head.

In order to ensure that workers retain bilingual proficiency, periodic requalification shall be required and shall be administered by the Human Resources Department.

11.2 Work Out of Class
If a worker performs a significant portion but not all of the duties of a higher paid classification, the worker may, upon Department Head approval, qualify for a differential in pay to be determined by duties assigned for this work out of class.

11.3 Temporary Upgrade Pay
In the event a Department Head determines that when it is necessary to assign a worker to perform all of the duties of a higher paid classification the worker shall, receive the rate of pay of the higher classification. Such rate of pay shall be that rate the worker is entitled to in the event of a promotion, except that if circumstances warrant, in the opinion of the City Manager, he or she may authorize a higher step in the established salary range of the higher paid classification. If an acting assignment is in a different bargaining unit, the employee worker will retain the benefits of their actual position.

Bargaining Unit employees workers accepting an acting pay position which is exempt from overtime will not be eligible for overtime pay. The individual will however retain all other rights in accordance with the MOU of the labor unit representing their regular classification.

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Temporary upgrade assignments shall be no longer than six (6) months in duration, unless an extension is approved by the City Manager. Extensions beyond the initial six (6) month period can only be granted by the City Manager.

In the event a worker occupies a position in a higher merit system classification for a period of thirty (30) or more calendar days, there will be a presumption that such worker is performing all of the duties of the higher classification.

In the event the City Manager appoints a worker to a Department Head temporary upgrade assignment, such worker shall be paid a salary which is the average of the established salary for the Department Head and the worker's current salary, plus any differentials, effective thirty-one (31) calendar days following the absence of the Department Head or later as determined by the City Manager.

11.4 Overtime

11.4.1 Exempt Employees
Executive, administrative and professional workers are exempt from the provisions of this overtime policy. Federal standards concerning exemptions from federal wage and hour laws shall be used as a guide on determining such exemptions. Exempt and nonexempt positions shall be established by the City in accordance with the definition and regulations of the Fair Labor Standards Act.

Except where prohibited by the Fair Labor Standards Act, the Department Head may authorize payment on a straight time basis to workers who are required to work extensive periods beyond their normal work schedule because of emergency conditions, short term requirements of the job, or to meet established deadlines. Said authorization can only be made if the department budget provides adequate funding.

The following classifications are EXEMPT from paid overtime provisions:

Librarian I
Librarian II
Fair Labor Standards Act exempt workers not eligible for overtime payment will accrue compensatory time off at the rate of one (1) hour for each overtime hour worked, to a maximum of eighty (80) hours.

Workers exempt from paid overtime may be paid up to a maximum of forty (40) hours of payment each fiscal year. Payment shall be at the worker's normal rate of pay and may be made as earned by the worker. Such overtime would not include time spent on trips and conferences, reading professional journals, attending schools, classes, professional meetings, or attending City or quasi-public groups unless attendance in an official capacity on behalf of the City is required.

11.4.2 Fair Labor Standards Act (FLSA) Audit
The parties agree that during the term of this MOU the City may review existing classifications relative to their exemption from overtime. If any changes are deemed Docusign Envelope ID: 082209F8-04AC-891D-8394-800A7B37E655 xvii SEIU Library Merit
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appropriate, the parties will meet and confer as to any impacts associated with those desired changes.

11.4.3 Definitions
a. Regular Overtime
Regular overtime is authorized time worked, except emergency overtime, by a worker in excess of forty (40) hours in a week.
b. Workday Adjustment
For worker convenience and with their supervisor's approval, minor changes to the work day may be arranged on an hour for hour basis providing hours worked do not exceed forty (40) hours for the work cycle.
c. Emergency Overtime
Emergency Overtime is authorized time worked by a worker when the worker is contacted outside of their regular working hours and is requested to report to duty because of an emergency. Emergency, within the meaning of this Section, means an unpredictable or unavoidable occurrence at unscheduled intervals requiring immediate action.

11.4.4 Overtime Rate
Overtime worked shall be paid for at one and one-half (1½) times the worker's established rate of pay with the following exceptions.
a. Work After Midnight
Workers shall be paid at two times (2x) the worker's established straight time rate of pay for those hours worked after midnight in required board and commission meetings.
b. Time Off in Lieu of Overtime
As allowable under the Fair Labor Standards Act, a worker may waive direct payment of overtime and in lieu thereof may accumulate time off at the one and one- half (1 ½) rate to a maximum of forty (40) hours. Such time off shall be taken at the discretion of the Department Head, with due regard for the desires of the worker and the workload of the department.

11.4.5 Overtime Minimum
Overtime shall be of at least six (6) minutes at any one time in order to be compensable, with the following exceptions:
a. Emergency Overtime
Any worker who is called in for emergency overtime of any duration shall be compensated for a minimum of two (2) hours overtime.
b. Return to Work
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A worker required to return to work after the completion of his or her normally assigned shift shall receive a minimum of two (2) hours work, or if two (2) hours of work is not provided, a minimum of two (2) hours pay at the overtime rate.

11.4.6 Overtime Authorization
In order to be compensable, a specific advance authorization must be obtained from the City Manager or their authorized representative.

11.4.7 Hours of Work/Definition of Workweek
During the term of this Agreement, normal workdays are seven and one-half (7½) hours per day unless otherwise approved by the Union and an affected worker.

During the term of this Agreement, a work week for full-time merit workers in the Library Merit Unit consists of thirty-seven and one-half (37 ½) hours in consideration of special scheduling needs, with the following exception: For purposes of overtime defined in Section 11.4.3, work weeks are forty (40) hours in length.

11.4.8 Review of Library Schedule
Both parties agree that it may be appropriate to review scheduling at the libraries from time to time. Either party may propose discussions to create alternative schedules for Llibrary Merit Unit workers. Any meetings regarding scheduling may include representatives from the Library Per Diem Unit as well as the Library Merit Unit.

11.4.9 Change in Work Schedule
A worker will be given no less than ten (10) days advance notice of an intended change in hours of work.

Alternate/Flexible Work Schedule
The City and the Union agree that a worker’s ability to flex their work schedule is a privilege and benefit and not a right. Flex time can result in better morale and in reducing commute-related traffic congestion. Workers may propose an alternate work schedule (flexible work hours). With Ddepartment hHead and Human Resources Director or their designee’s approval, the use of alternative flexible work schedules can be implemented where such schedule can be accommodated without impairing departmental operation or service to the public. Such alternate schedules will not be unreasonably denied by the City.

As part of the regular Sunday rotation, staff may opt to work a minimum of four and a half (4.5) hours and up to seven and a half (7.5) hours on a Sunday. Flex time arrangements will be made within the same work week and must be pre-approved by the supervisor.

Alternate/flexible work schedules shall be implemented without accruing an overtime obligation for the basic work schedule.

A decision not to approve an alternate/flexible work schedule proposal is not grievable.

11.5 Easter Sunday Pay
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Although Easter is not an observed holiday, workers employees who work on Easter Sunday shall be compensated at time-and-one-half (1.5). Easter Sunday is part of the Sunday rotation schedule and workers employees sign-up in seniority order; the sign-up process will be initiated at least six (6) weeks in advance.

12.0 EDUCATION AND TRAINING REIMBURSEMENT
Workers shall be entitled to reimbursement for tuition, books, and fees for educational courses relating directly to existing job duties or reasonable promotional opportunities.

Approval of the course and any release time shall be obtained in advance from the Department Head. Professional and technical workers attending approved meetings, conventions or workshops of their professional or technical organizations shall be reimbursed for reasonable expenses, including travel, and the City shall pay the dues for those organizations in which membership is required.

13.0 VACATION

13.1 City Policy
Vacations are considered essential to the worker's welfare and they are granted by the City to allow workers relaxation and rest from their duties. Therefore, it shall be the policy of the City not to allow the excess accumulation of vacation leave.

Time off shall be taken at the discretion of the Department Head, with due regard for the desires of the worker and the workload of the department.

13.2 Vacation Allowance
A worker shall accrue vacation with pay at the beginning of the following biweekly pay period as follows:

Years of Service Days/Year Biweekly Accrual
0 - 3rd Year 11 days 3.39 biweekly
4th - 9th Year 16 days 4.93 biweekly
10th Year 17 days 5.23 biweekly
11th Year 18 days 5.54 biweekly
12th Year 20 days 6.16 biweekly
13th – 23rd Year 22.5 days 6.93 biweekly
24th year and beyond 25 days 7.69 biweekly

The above allowances shall be pro-rated for workers beginning employment or leaving employment with the City during a biweekly pay period.

13.3 Vacation Accumulation
A worker may accumulate a maximum of twice (2x) said worker's annual vacation allowance. Vacation credits shall not be made once the maximum accumulation has occurred. Under extenuating circumstances, the City Manager may extend accumulation upon the request of the Department Head.

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13.4 Vacation Sell-Back
A worker may elect to sell back to the City up to forty (40) hours in a calendar year of accumulated vacation at the worker's base rate of pay under the following condition; the worker must already have taken a minimum of two (2) weeks in the preceding twelve (12) months for vacation purposes. Payments are made in whole-hour increments.

Requests must be received by Payroll no later than December 31st for the following year elections. No worker employee can sell back more than their current annual vacation accrual in the calendar year. Elected hours not requested for distribution (sell back) by December 1st will be automatically distributed in the next pay period (sell back cannot be more than the hours available at time of distribution).

Employees Workers joining the bargaining unit with leave balances in excess of the maximum accumulation of leave hours will automatically sell back the number of hours required to meet the maximum accumulation allowed.

13.5 Vacation Scheduling
The time at which the worker shall be granted a vacation is at the discretion of the Department Head. Classification seniority shall govern where more than one (1) worker requests the same vacation period. In the case of a tie, the worker with the greatest amount of continuous City service shall prevail.

13.6 Personal Business
A worker may request up to two (2) days of accrued vacation/holiday leave per calendar year as “Personal Business,” and the nature need not be disclosed. The worker’s request will be granted at the discretion of the Department Head with due regard to the desires of the worker and the workload of the department.

13.7 Amount of Vacation Time
A worker may use only the vacation to his or her credit with the following exception:

13.8 Vacation Emergency
The Department Head is authorized to grant use of up to two (2) days vacation in advance of accrual only in instances where the vacationing worker is unavoidably detained through no fault of their own and the worker has no other accrued leave credits.

14.0 HOLIDAYS

14.1 Holidays
The holidays to be observed are as follows:

New Year's Day, January 1st
Martin Luther King Jr.’s Birthday, 3rd Monday in January President's Day, 3rd Monday in February
Memorial Day, last Monday in May
Independence Day, July 4th
Labor Day, 1st Monday in September
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Veteran's Day, November 11
Thanksgiving Day, 4th Thursday in November
Christmas Eve in lieu of the day after Thanksgiving
Christmas Day, December 25th
Every day approved by the City Council as a public holiday, public fast, Thanksgiving or a day of mourning.

Every day selected by the Library Board as a holiday in lieu of another holiday listed above
Three and one-half (3-1/2) floating holidays to be taken on a working day mutually agreeable to the worker and the department. Floating holidays will be credited by the granting of fourteen (14) hours holiday credit during the first full pay period in January and July each year.

Effective January 1, 2024 the holidays to be observed are as follows:

Holiday Observed on
New Year's Day January 1st
Martin Luther King Jr.’s Birthday 3rd Monday in January President's Day 3rd Monday in February
Memorial Day lLast Monday in May
Independence Day July 4th
Labor Day 1st Monday in September
Veteran's Day November 11
Thanksgiving Day 4th Thursday in November
The day after Thanksgiving The day after Thanksgiving
Christmas Day December 25th
Other Observable Holidays:
 Every day approved by the City Council as a public holiday, public fast, Thanksgiving or a day of mourning.
 Every day selected by the Library Board as a holiday in lieu of another holiday listed above.

Floating Holidays:

Three and one-half (3-1/2) floating holidays to be taken on a working day mutually agreeable to the worker and the department. Floating holidays will be credited by the granting of fourteen (14) hours holiday credit during the first full pay period in January and July each year.

14.2 Board Designated Special Holidays
Employees Workers shall have the option of either taking leave without pay or utilizing paid time off during Board designated Holidays.

14.3 Saturday and Sunday Holidays
When a holiday falls on Sunday, the following Monday shall be observed and when a holiday falls on a Saturday, the preceding Friday shall be observed. In addition, the Library will be closed on the respective Saturday or Sunday. WorkerEmployees’ Docusign Envelope ID: 082209F8-04AC-891D-8394-800A7B37E655 xxii SEIU Library Merit
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schedules will be adjusted accordingly. If a holiday falls on an employee’s worker’s regularly scheduled day off, holiday time shall be granted for the observed holiday only.

14.4 Monday Holidays
For the following holidays that fall on Monday, the Library shall be closed on the preceding Sunday.
 Martin Luther King, Jr. Day
 President’s Day
 Memorial Day
 Labor Day
Employees’ Workers’ schedules will be adjusted accordingly. If a holiday falls on an employee’s worker’s regularly scheduled day off, holiday time shall be granted for the observed day only.

14.5 Work on a Holiday
If a worker is required by the City to work on any holiday, compensation for said holiday shall be in accordance to the overtime provisions of this agreement, with the following exception:
 Equivalent time off shall accumulate as "Holiday Time Earned" and may accumulate maximum of forty (40) hours.
 Time off shall be taken at the discretion of the Department Head, with due regard for the desires of the worker and the workload of the department.

In the event one (1) or more holidays fall within an annual vacation leave, such holidays shall not be charged as vacation leave.

15.0 SICK LEAVE

15.1 Purpose
The purpose of this Section is to continue the compensation of workers who must remain off their jobs because of illness or disability. Such sick leave is a privilege which the worker can exercise in the event of bona fide illness or disability or in the event their presence away from work is essential because of illness, death or disability of immediate members of their family.

As an option to using sick leave a worker may be permitted to use vacation leave, accrued holiday leave, or accrued compensatory time for pre-arranged and pre-approved health maintenance appointments (i.e., doctor and dental appointments).

15.2 Sick Leave Accrual
For full-time regular and probationary workers, sick leave shall be accrued at the rate of three point seven (3.7) hours for each biweekly pay period of service or twelve (12) days per year. Unused sick leave shall be accumulated. Part-time merit workers shall accrue sick leave pro rata to the number of hours worked.

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Any worker who is on paid leave shall continue to earn sick leave credit. Sick leave shall accrue during an absence which is a result of occupational disability resulting from City service.

15.3 Doctor's Certification
A Department Head is responsible for determining that only bona fide personal or family sick leave is taken, consistent with standards established by the Director of Human Resources.

A doctor's certification shall be required in all cases where the period of absence exceeds five (5) working days. The submission of the doctor's certification may be required in other individual cases, regardless of the length of absence, where, in the opinion of the Ddepartment Hhead, evidence exists that sick leave has been misused and a prior warning has been given to the worker regarding the abuse of sick leave.

15.4 Protected Sick Leave
Protected sick leave may be taken and if taken, shall be charged to sick leave or, with the concurrence of the Department Head, to vacation, holiday, or cCompensatory tTime Ooff (CTO) leave for the following reasons:
 The diagnosis, care or treatment of an existing health condition of, or preventative care for a workern employee.
 The diagnosis, care or treatment of an existing health condition of, or preventative care for an employee’s worker’s family member, as defined in California Labor Code section 245.5(c).
 An workeremployee who is a victim of domestic violence, sexual assault, or stalking.

Not more than six (6) days of such protected sick leave shall be granted in any one (1) calendar year. However, if extenuating circumstances exist, at the discretion of the Department Head, a reasonable extension of the six (6) -day limit may be granted. Any additional leave so granted shall be charged against the worker's accumulated sick leave.

15.4.1 Bereavement Leave
In the event of a death in the immediate family, workers may take accrued sick leave of up to three (3) days, or up to five (5) days at the discretion of the employee’s worker’s department head, in the event of a death of an immediate member of their family.

Bereavement Leave shall be tracked separately from Protected Sick Leave.

In this context only, immediate family shall be defined as: spouse, domestic partner, child, foster child who resided with the employee worker at the time of their death, stepchild, mother, father, stepmother, stepfather, mother-in-law, father-in-law, brother, stepbrother, sister, stepsister, brother-in-law, sister-in-law, grandmother, grandfather, spouse’s grandmother, spouse’s grandfather, son-in-law, daughter-in-law or grandchildren.

15.5 Extended Sick Leave
After one (1) year of continuous merit system service, workers who have exhausted all their earned leave benefits may be granted extended sick leave pay at the rate of seventyfive percent (75%) of regular salary upon the recommendation of the Department Head.

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After each thirty (30) days of such sick leave, each case requiring additional sick leave shall be reviewed by the Department Head and Human Resources Director and approved by the Personnel Officer. Such extended sick leave shall not be charged to the worker's future sick leave accumulation during this period of extended sick leave. Application for extended sick leave pay shall not be unjustly denied by the Department Head.

15.6 Sick Leave Advance
The Department Head is authorized to grant up to five (5) days sick leave in advance of accrual in instances where workers with less than one (1) year of service have no accrued leave time available and a bona fide personal or family illness or emergency arises. Such advanced sick leave will be charged against future sick leave accrual and any unpaid balance at separation shall be deducted from the worker's final paycheck.

15.7 Accumulation of Vacation, Sick Leave, and Holiday Credit For part-time merit workers, vVacation, sSick Lleave, and Hholiday credits shall be made on a pro-rata basis to a worker in accordance to regular hours (non-overtime) on the payroll. Credit shall not be received for time off without pay.

For full-time merit workers who work less than a full-time schedule for a particular pay period (other than those participating in a VTO program) vacation, sick leave, and holiday credits shall be made on a pro-rata basis to a worker in accordance to regular hours (non-overtime) on the payroll. Credit shall not be received for time off without pay.

15.8 Daily Hour Value/Part-Time Merit Worker
The hour value of a leave day for holidays, vacation, sick leave, or other leave shall be determined by dividing the average number or regularly scheduled weekly hours by five (5), which result provides the ratio of hours of all weekly hour schedules to the five (5) days – forty (40) hour per week.

16.0 CATASTROPHIC INJURY OR ILLNESS LEAVE

16.1 Purpose
The purpose of this Section is to authorize, but not require donations from the leave balances of one (1) worker to another City worker who is unable to work due to a catastrophic injury or serious health condition and has exhausted all available leave.

There is no right established by this provision that assures any worker that donations will be made.

16.2 Catastrophic Injury or Serious Health Condition Defined For the purpose of the donation of leave, a serious health condition shall be a nonindustrial serious health condition that requires absence from employment for more than thirty (30) consecutive workdays. A serious health condition is defined pursuant to the Family and Medical Leave Act.

16.3 Workers Eligible to Donate
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Not all workers shall be eligible to donate their accrued vacation, holiday, and/or “compensatory time” leave to another worker. A worker who is eligible to donate accrued leave must retain 40 hours or more of accrued leave, exclusive of sick leave, after donation to the other workeremployee. Employees Workers who donate time to another worker employee must sign a form, provided by the Human Resources Department, to authorize the transfer of time from their eligible accrued leave balance to the balance of the employee worker receiving the leave.

16.4 Workers Eligible to Receive Donations
Not all workers shall be eligible to receive donations from another worker’s accrued leave balances. An eligible worker must meet all of the following criteria:
(1) Bbe a merit system worker (including probationary workers) whose participation has been approved by their Ddepartment hHead;
(2) Bbe a worker within the Library Merit Unit; and
(3) Tthe workeremployee has supplied medical certification evidencing s/he is unable to perform the essential functions of their job and is unable to work for more than thirty (30) consecutive work days. Upon receipt of a request for donations, the City shall determine a worker’s eligibility.

16.5 Limits on Donated Time
The hours that may be donated to a worker shall not exceed that time necessary for the worker to reach the long-term disability insurance provided pursuant by the City.

This provision shall not be interpreted or implemented to extend any employee’s worker’s leave to exceed one (1) year away from work, whether paid or unpaid, except as required by state and federal law.

The City shall apply donated hours in its discretion without the requirement that hours be prorated from each donating worker. Unused donations shall be returned to the donating worker.

16.6 Hourly Donations
The donations authorized by this Section are of hours of leave. The donations shall not be converted to monetary value and then calculated based upon the hourly rate for the workers donating and receiving hours.

In no event shall a worker receive more than the worker’s base salary.

17.0 HEALTH AND WELFARE

17.1 Health Medical Insurance Contribution Minimum (PEMHCA) The Minimum Employer Contribution amount is prescribed by Government Code section 22892 of the Public Employees' Medical and Hospital Care Act (PEMHCA). The City shall make a dedicated health contributions on behalf of those workers eligible for Group Medical Coverage or Medicare Part B under the various plans available to the City in the amounts necessary to a maximum contribution of $1620.00 per worker per month, or what is required under the PEMHCA, whichever is greater. The City's health contribution for part-time merit workers shall be made on a pro rata basis in accordance Docusign Envelope ID: 082209F8-04AC-891D-8394-800A7B37E655 xxvi SEIU Library Merit
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to hours on the payroll.

The City shall make available to eligible current and retired workers benefits equal to the PEMHCA (Meyers-Geddes State Employees' Medical and Hospital Care Act), and may self-insure after meeting and conferring with the Union.

17.1.1 Flexible Benefits Plan Medical Insurance Coverage The City shall contribute up to the rates indicated in the chart below$1,798.26 (inclusive of the amount indicated in Section 17.1 Medical Insurance Contribution Minimum (PEMHCA)$160 maximum City contribution towards group medical insurance) per month towards the flexible benefit plan.Medical Insurance.

Each January during the term of this Agreement, the City’s contribution to the Plan will be adjusted to
Plan Coverage City’s Contribution
Employee Only 100% of the Bay Area Kaiser Single rate,
Employee + One 90% of the Bay Area Kaiser Two-Party rate, Employee + Family and 90% of the Bay Area Kaiser Family rate.

The City’s contribution for part-time merit workers working less than forty (40) hours per week shall be prorated.

17.1.2 Waiver of Medical Coverage
If an employee worker is eligible for alternative group medical insurance through a spouse or domestic partner’s employer-sponsored medical plan, the worker employee may waive the City’s medical coverage and select such alternate plan. Proof of such alternate coverage is required prior to waiving coverage through the City plan. Any worker employee who waives medical coverage entirely shall be eligible to receive in cash the waiver amounts outlined below.

17.12.13 Merit Employees Workers hired before July 1, 2006 Waive Coverage:
 Effective January 12, 2020 employees workers who waive health insurance entirely shall receive $294.76 per month as part of their salary.  Effective January 10, 2021 employees workers who waive health insurance entirely shall receive $160.00 per month as part of their salary.  Effective July 1, 2026 workers who waive health insurance entirely shall receive $162.00 per month, or not less than what is provided under PEMHCA as prescribed by Government Code Section 22892, whichever is greater as part of their salary.

Cash disbursements for part-time merit workers working less than 40 hours per week shall be prorated. Any workers exceeding 40 hours per week will not be given any additional cash disbursement.

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Waive Coverage:

EmployeesWorkers who waive health insurance entirely will receive $1602.00 per month, or not less than what is provided under PEMHCA as prescribed by Government Code Section 22892, whichever is greater as part of their salary.

Cash disbursements for part-time merit workers working less than 40 hours per week shall be prorated. Any workers exceeding 40 hours per week will not be given any additional cash disbursement.

17.2 Flexible Spending Accounts (FSAs)Internal Revenue Code Section 125 Plan The City shall offer Flexible Spending Accounts (FSAs) (an benefit allowed under the Internal Revenue Code Section 125 Plan (the “Plan”), which contains the components of premium conversion, healthcare reimbursement account and dependent care reimbursement account.

It is understood that during the term of this contract, the City may seek expert opinion as to the parameters of this PlanFSAs and all contributions to the Plan FSAs and to the Retirement Health Savings Account outlined below are contingent upon compliance with state and federal rules and regulations. The Parties agree to meet and confer regarding a replacement provision if any part of this structure is found to be noncompliant. Benefits shall be taxed as required by law.

17.3 Dental Insurance
Workers and their dependents and/or domestic partner shall be provided with City-paid dental benefits. These dental benefits will provide one-hundred percent (100%) coverage on all routine maintenance and eighty percent (80%) on minor and major dental work.

The annual dental maximum will be $3,000 per year. Dental benefits include 50% orthodontic coverage with a $2,000 lifetime maximum.

17.4 Vision Insurance
Workers and their dependents and/or domestic partner shall be provided with City-paid vision insurance as follows:
 Annual exam, lenses and frames
 $10 annual deductible

17.5 Life Insurance
Workers shall be provided with a City-paid fFifty Tthousand Ddollar ($50,000) life insurance policy. Each worker is eligible to purchase additional life insurance in accordance to the group insurer's policy.

17.6 Accidental Death & Dismemberment (AD&D) Insurance
The City shall provide workers a tTen tThousand dDollar ($10,000) accidental death and dismemberment insurance policy without regard to membership in any health plan.

17.7 Long-Term Disability Insurance
The City shall provide long term disability insurance for workers paid for by the City.

LTD benefits are as shown:
 The monthly benefit is equivalent to sixty-six and two-thirds percent (66-2/3%) of Docusign Envelope ID: 082209F8-04AC-891D-8394-800A7B37E655 xxviii SEIU Library Merit
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full salary; less deductible benefits;
The elimination period is sixty (60) days, subject to exhaustion of accrued sick leave.

Part-time merit employees workers working twenty (20) to twenty-five (25) hours per week shall be provided long-term disability insurance pursuant to this section. Monthly contributions shall be prorated.

17.8 Retirement
Retirement benefits shall be compensated for under applicable legislation pertaining to the California Public Employees' Retirement System. The current retirement benefits are:
2% @ 55 Formula with single highest year compensation for “classic members” hired before December 9, 2012.
2% @ 55 Formula with three-year final compensation for “classic members” hired on or after December 9, 2012.
2% @ 62 Formula with three-year final compensation for “new PEPRA members” hired on or after January 1, 2013.

Effective with the pay period starting July 6, 2014, employees will pay 7.0% of the PERS employee-share contribution on a pre-tax basis.

Effective August 30, 2015, classic members shall pay one-half the total normal cost for the 2% @ 55 Formula in accordance with Government Code 7522.30 on a pre-tax basis.

New PEPRA members shall continue to pay one-half the total normal cost for the 2% @ 62 Formula in accordance with Government Code 7522.30 on a pre-tax basis.

17.9 Termination Pay
Upon service or disability retirement, workers shall be paid a maximum of fifty percent (50%) of their accumulated unused sick leave up to a maximum of sixty (60) days payment. No payments of sick leave shall be due or owed to any worker employee who is terminated by the City under the discipline process, regardless of whether the worker employee takes a service or disability retirement under the PERS system.

All workers with one (1) year of continuous merit system service, whose employment is terminated because of layoff or death, may be granted one (1) working day termination allowance at their basic pay rate, in addition to other compensation due them and one (1) additional day for each complete year worked thereafter.

All workers whose employment is terminated because of layoff or death shall be granted their option of one of the two types of termination pay described above.

Workers separating from the City shall not be allowed to remain on the payroll after their last day at work. Severance payment shall be provided in a lump sum for all leave Docusign Envelope ID: 082209F8-04AC-891D-8394-800A7B37E655 xxix SEIU Library Merit
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accrual eligible for payout on the payday following receipt of the worker's final paycheck.

At the time of non-retirement separation from the City, merit workers employees shall receive all leaves paid out except sick leave.

17.10 Rehabilitation
With the approval of the Department Head, the Personnel Officer and the worker concerned, any past, present or future worker on disability retirement, or facing disability retirement, may be transferred and/or reinstated to a position in another class at the same or lower salary range for which the Personnel Officer finds the worker qualified. Such reinstatement and/or transfer shall require the service of a standard probationary period of six (6) months but may be lengthened by up to six (6) months by mutual agreement between the worker and the Department Head or shortened depending on the proven proficiency of the probationer and with the concurrence of the Personnel Officer. Credit for previous employment shall be granted in computing salary step, vacation accumulation, and sick leave balance. Such transfer or reinstatement shall comply with applicable provisions of State regulations concerning rehabilitation and are not grievable under this Agreement.

In the event a worker becomes permanently disabled as the result of a work-related injury, the Human Resources Department, Union and worker will meet to discuss the worker’s rights and entitlements as well as the options available for rehabilitation, retraining and/or disability retirement.

17.11 Safety Committee
SEIU Local 521 Library Merit Unit shall be entitled to a seat on the City-wide Safety Committee.

17.12 Retirement Health Savings Account (RHSA)
Employees Workers in the Unit will be enrolled in the Retirement Health Savings RHS Account (RHSA) in accordance with the Plan design. The administration costs of maintaining this RHSA account will be borne by the City.

Effective May 3, 2020, Tthe City shall contribute zero-point-seventy-fiveone-point-twofive percent (1.250.75%) of base salary to all employees’ workers’ RHSAs accounts.

This amount shall increase to 1.25% of base salary on June 27, 2021.

Currently, 0% of separation pay is contributed to the RHSA.

The Union may elect to change the above conversion of separation pay arrangement for each successive calendar year of this Agreement. The Union must notify the City’s Human Resources Department in writing no later than November 30th of the change(s) to be made for the following calendar year. In the event notification is not received by the deadline, the separation pay arrangement in effect at the time will continue for the following calendar year
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During the term of this MOU, employees workers in this bargaining unit may elect to contribute a set amount of salary to the RHSA. The City shall be notified of any such election sixty (60) days prior to the effective date.

Workers Aged 45+ and 15+ Years of City Service
Beginning August 26, 2018, tThe City shall contribute $100.00 one-point-seven-five percent (1.75%) of base salary per pay period to the Retirement Health Savings accountsRHSA of those employees workers aged 45 or over with 15 or more years of City service. Effective May 3, 2020, this amount shall change to 1.75% of base salary.

Employees Workers who become eligible for this contribution during the term of the agreement shall begin receiving contributions in the first full pay period following establishing eligibility. The continuation of this provision beyond the term of the contract would need to be made by mutual agreement between the parties.

18.0 EMPLOYMENT LEAVES

18.1 Continuous Service Defined
Continuous service shall mean service in the classified service in any classification since original regular appointment, excluding any time prior to a break in service.

As used in this Section, year of completed continuous service shall include, but not be limited to, all time while the worker is on sick leave and/or vacation pay.

Neither military leave nor leave of absence without pay under one month shall constitute an interruption in computing continuous service.

18.2 Disability Leave
The purpose of this Section is to continue the compensation of workers who must remain off their jobs as a result of disability occasioned or injury received as a result of the discharge of their duties as workers of the City.

A Department Head is responsible for determining that only bona fide disability leave is taken.

For each disability, workers shall be allowed disability leave up to and including sixty (60) working days. Such disability leave shall be at full pay, less Workers’ Compensation. If the sixty (60) working days become exhausted, additional time off may be charged to sick leave with the following exceptions: A worker shall not be charged sick leave for that portion of his or her salary for which temporary disability payments are received under the State Workers’ Compensation Law.

No otherwise appropriate disability retirement or separation from service shall be delayed for more than forty-five (45) workdays (three hundred sixty (360 hours)) due to the existence of accrued sick leave. Employees Workers being retired due to disability with unused sick leave on the books shall be entitled to compensation for the unused leave in accordance with Section 17.9, Termination Pay.

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Additional compensation may be awarded by Resolution of the City Council to workers disabled or injured in line of duty, if such compensation is considered merited and is recommended by the City Manager.

18.3 Military Leave
Military leave shall be granted by the City in accordance with the provisions of Sstate and Ffederal laws.

18.4 Jury Duty
Any worker required to report for jury duty shall be granted a leave of absence with pay from all of his or her regularly assigned duties until released by the Court, provided the worker:
 Notifies his or her Department Head immediately of the notice to serve; and  Reports to work within a reasonable length of time after being released by the Court.

Workers called for jury service shall not be required to assume new or unusual regular working hours solely as a result of jury service. Every reasonable effort shall be made to ensure that personnel assigned to work after 4:00 p.m. or on weekends who are called for jury duty shall be provided with 1) a reasonable time for rest and recuperation prior to reporting for regularly scheduled duty, or 2) excused from their next scheduled shift, upon request by the worker, and provided that the worker has spent a significant portion of the day at jury duty. For purposes of this section, employees workers who have served five (5) or more hours on jury duty will be allowed a minimum of eight (8) hours recuperation break prior to reporting back to work.

18.5 Leave of Absence Without Pay
Leave of absence without pay may be granted in any increment for a total period not to exceed one (1) year in cases of illness not covered by sick leave; in cases of personal emergencies, including childbirth and adoption; for temporary employment by the Union or for education and training relative to the worker's employment. Any request for leave of absence without pay shall be made in writing. Approval of each increment as well as the total leave shall be at the discretion of the Department Head.

Leaves of absence for reasons other than designated above may be granted on the same terms and conditions and in the same manner as leaves designated above only if, in addition to other matters, the worker shows that such leave is not contrary to the best interests of the City. The Department Head, upon review, retains complete discretion to approve or disapprove any request with no further appeal.

The worker may elect to use earned sick leave (provided eligible for sick leave) and vacation prior to commencement of the leave or retain the earned sick leave and vacation for use upon return to employment.

Any worker who does not return to employment on or before the date of expiration of leave shall be deemed separated from the service as of such date of expiration, subject to due process.

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18.6 Voluntary Reduction in Work Hours
A worker may request a temporary or ongoing voluntary reduction in work hours by making such a request to the worker's Department Head. Approval for any voluntary reduction must be obtained in advance. The decision of the Department Head is final and conclusive and there shall be no appeal or grievance rights. Workers requesting this option shall have their benefits prorated based on the number of regularly scheduled hours worked.

18.7 Family Care Leave
In accordance with the Federal Family and Medical Leave Act, effective August 5, 1993, and the California Family Rights Act, effective October 4, 1993, the City will grant job protected unpaid family and medical leave to eligible workers for up to twelve (12) weeks in accordance with the law.

In general, Family Medical Leave is available to workers for: the birth, adoption or placement of a foster child; care for an immediate family member of the worker if such immediate family member has a serious health condition; or the worker’s own serious health condition that makes the worker unable to perform the functions of their position.

The City will adhere to applicable Federal and State laws regarding Family and Medical Leave. For specific conditions governing Family Medical Leave please refer to the City Policy.

19.0 EMPLOYMENT ADMINISTRATION

19.1 Personnel Files

19.1.1 Release of Information
Unless required by court process, the City will only release information to creditors or other persons outside of City government only upon proper identification of the inquirer and acceptable reasons for the inquiry. Information then given is limited to verification of employment, length of employment, and verification of salary information if the person inquiring first states the correct salary to the City. Release of more specific information may be authorized by the worker.

19.1.2 Access and Contents
A worker (or their representative, on the presentation of written authorization from the worker) shall have access to the worker's personnel file on request for a reasonable amount of time at a reasonable time and place. A worker or the Union shall be provided, upon reasonable request, copies of materials in a worker’s personnel file. Release of more specific information may only be authorized by the worker in writing, signed by the workeremployee. The worker may be required to acknowledge the receipt of any document entered into their personnel file without prejudice to subsequent arguments concerning the contents of such documents.

19.1.3 Letters of Reprimand
The City shall furnish the worker copies of all letters of reprimand or warning prior to placement of such documents into the worker's personnel file, and copies of letters of Docusign Envelope ID: 082209F8-04AC-891D-8394-800A7B37E655 xxxiii SEIU Library Merit
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reprimand or warning shall be sent to the Union and the Human Resources Director.

Upon receipt of a letter of reprimand or warning which the worker feels is factually incorrect, the worker may so advise in writing the Department Head, Human Resources Director, and the Union. The letters of reprimand or warning may not be appealed through the grievance procedure. Letters of reprimand and warning not submitted in accordance with the provisions above may not be introduced as evidence against the worker.

Letters of reprimand/warning shall be removed from a worker's personnel file after two (2) years upon the written request of the worker and approval by the Department Head provided there has not been subsequent discipline.

19.2 Flexible Staffing
Definition: Flexible staffing reflects a situation where two (2) levels of a specialization exist: entry level and journey level. These positions are most often a I and II series or possibly an “assistant” and “associate” level. For a worker to progress from the entry level to the journey level, they must meet a specified level of expertise or a length of time and expertise to be promoted to the “journey” level. No testing process is necessary.

Many of these series classifications also have a “III” or “senior” level. However, to progress to this higher level a worker must apply and go through the recruitment process.

The following classifications, consistent with budget allocations, are flexibly staffed, pursuant to class specifications:

Library Assistant I
Library Assistant II

Librarian I
Librarian II
Classification change shall be at the discretion of the Department Head.

19.3 Employment Development
Upon request of an existing employee worker applying for a promotional merit position who was not appointed, a meeting will be scheduled with the appropriate manager to discuss their qualifications for the position.

19.4 Credit for Previous Employment
As provided by the Personnel Rules, which may be changed at that Board’s discretion, in the case of all open competitive examinations, persons who become eligible for certification from eligible lists by attaining the passing mark established for the examination, shall be allowed an additional credit of five (5) points, which shall be added to the score attained in such examination, and they shall be placed on eligible lists and be eligible for appointment in the order and on the basis of the percentage attained by them in examinations after such credit of five (5) points shall have been added, when such applicants:
 Are currently employed as a full- or part-time worker employee by the City or have been so employed by the City within the year, prior to the closing date for receipt of applications, and
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 A major part of the work performed for the City is or has been directly related to that performed by the classification being applied for, and
 The applicant has a minimum equivalent of one-year full time service with the City (1600 hours for hourly paid employeesworkers), and
 If training is required, the applicant secures a satisfactory or better performance rating from their supervisor.

20.0 GRIEVANCE PROCEDURES

20.1 Purpose.

This grievance procedure shall be used to process and resolve grievances arising under this Memorandum of Understanding except to the extent that the City Charter vests jurisdiction elsewhere.

The purposes of this procedure are:
 To resolve grievances informally at the lowest possible level;  To provide an orderly procedure for reviewing and resolving grievances promptly.

20.2 Grievance Definitions

20.2.1 Grievance
A grievance is a good faith complaint of one (1) or a group of employees workers or a dispute between the City and the Union involving the interpretation, application, or enforcement of the express terms of this Memorandum of Understanding.

20.2.2 Supervisor
As used in this procedure, the term "supervisor" means the individual who assigns, reviews, and directs the work of an employeeworker.

20.2.3 Party
As used in this procedure, the term "party" means a workern employee, the Union, the City or their authorized representatives.

20.2.4 Working Day
A working day or work day is defined as a day on which City Hall is open for business.

The worker employee retains all rights conferred by Sections 3500 et. seq., of the Government Code or Personnel Rules and Regulations of the City unless waived by such employeeworker.

20.3 Informal Discussion.

Not later than fifteen (15) working days after the event giving rise to the grievance or the date the worker employee should reasonably have learned of the event giving rise to the grievance, whichever is later, the employee worker must discuss the grievance with their immediate management supervisor. The supervisor shall respond, either orally or in writing, to the worker employee not later than ten (10) working days thereafter.

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20.4 Formal Grievance - Step One (1).

If after discussion with the immediate management supervisor, the grievant does not feel the grievance has been properly adjusted, the grievance may be reduced to writing, on the prescribed form. The form must be presented to the Department Head (or designee) and the Director of Human Resources within fifteen (15) working days. The grievance statement shall include the following:
 A statement of the grievance clearly indicating the question raised by the grievance and the article(s) and section(s) of this Memorandum of Understanding.  The remedy or correction requested of the City.
 The grievance form shall be signed by the grieving worker employee or Union representative, the date and time of presentation affixed thereto, and signed as received by the Department Head or designee.
 The Department Head or their designee shall give their answer to the grievance in writing within fifteen (15) working days from the time the worker receives the grievance in writing. This first step answer shall include the following:
o A complete statement of the City's position and the facts upon which it is based. o The remedy or correction which has been offered, if any.

20.5 Formal Grievance - Step Two (2).

If the grievance is not resolved at Step One (1), the aggrieved worker employee or Union may appeal to the City Manager or their designee. Appeals to the City Manager shall be made in writing and directed to the Human Resources Director within ten (10) working days of receipt of the Department Head’s response. The Human Resources Director shall convene a meeting with the City Manager or designee and the worker employee and/or Union within ten (10) working days of receipt of the appeal.

The City Manager or designee shall render their findings and decision (if any) to the parties within ten (10) working days of its meeting.

20.6 Arbitration - Step Three (3).

If the grievant is not satisfied with the decision rendered pursuant to Step Two (2), the Union may appeal the grievance to arbitration. The request for arbitration must be given in writing to the Human Resources Director by the Union within ten (10) working days from the date of the Second (2nd) Step answer.

An arbitrator may be selected by mutual agreement between the Union representative and the City's representative.

Should the representatives fail to mutually agree on an arbitrator they shall make a joint request to the State of California Conciliation and Mediation Service for a list of seven (7) qualified arbitrators residing within the State of California. The parties shall each strike three (3) 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.

It is understood that the arbitrator will only interpret this Memorandum and will in no instance add to, delete from, or amend any part thereof. The arbitrator's decision shall be final and binding on the City, the Union and the worker.

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All fees of the arbitrator and the court reporter, if any, will be borne equally by the Union and the City.

The parties may agree to waive submission of briefs and the use of a court reporter.

20.7 Time
The time limitations set forth in the Article are of the essence. The term “working day(s)” shall mean days on which City Hall is open for business. No grievance shall be accepted unless it is timely filed and no appeal may be considered unless it is timely taken.

For purposes of this Article, the time limitations applicable to the worker employee shall be the same time limitations regulating the Union and the information attributable to the individual worker employee shall be attributable to the Union. If the grievance is not timely filed, it shall be deemed waived. If an appeal is not timely taken, the grievance shall be deemed to be settled in accordance with the City’s decision at the step prior to the untimely appeal.

If the City fails to answer the grievance within the prescribed time limits, the grievance shall automatically proceed to the next step (either the City Manager or Arbitration as appropriate); provided, however, that in no event shall the grievance be deemed to be upheld by the City’s failure to act timely.

20.8 General
Either party to this Memorandum shall, upon receipt of a written grievance, have the right to reject such grievance if the aggrieved party has not followed the steps outlined in this Article for processing a grievance.

A Union representative shall have the authority to settle grievances for the Union or workers employees at the respective steps of the grievance procedure.

Time limits set forth within this Article may be extended upon mutual agreement of the affected parties where the agreement is made before the expiration of the timeline.

Workers Employees may be represented by a Union representative at all levels of the grievance process. Copies of all written grievance documentation will be provided to the Union and the representing steward.

The parties may mutually agree to use the services of a mediator through the State Mediation and Conciliation Service at Step One (1) or Step Two (2) of this procedure. In the event that Mediation does not result in a settlement of the Grievance, the aggrieved party may appeal the grievance to the next level of the Grievance Procedure. The appeal to the next step must be given in writing to the Human Resources Director by the Union within ten (10) working days from the date of the Mediation.

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20.9 Exclusions
The following matters are specifically excluded from consideration under the grievance procedure:
 Determination and application of the procedures, qualifications, and standards of employment;
 Budget and capital expenditures;
 Items subject to meet and confer;
 Performance evaluations;
 Letters of Reprimand (are limited to appeal to Second (2nd) Step – City Manager or designee. The decision of the City Manager/designee is final.) and  Items that are expressly designated in this MOU as not subject to grievance.

21.0 DISCIPLINARY PROCEDURE AND PERSONNEL BOARD PROCESS

21.1 Disciplinary Action Definition
The term "disciplinary action" shall include the following actions which may be taken by a Department Head (or designee, not below a Division Manager, where the department head’s absence is extensive and action is required):
 Suspension without pay up to thirty (30) calendar days;  In-grade salary reduction;
 Demotion; or
 Dismissal.

A rReduction in hours or a change in schedule, scheduling for workload reasons, or a change in work assignment shall not be considered as discipline. No action to lay off a worker shall be considered as discipline. Letters of reprimand and performance evaluations shall not be considered as discipline. In this section, as throughout this contract, “working days” is defined as days on which City Hall is open for business.

21.2 Weingarten Rights (Right to have Union Representation in an Investigatory Meeting) A worker shall be entitled to a representative of their choice, so long as that representative is available within a reasonable time, at an investigative interview or meeting that the worker reasonably believes may result in discipline.

21.3 Disciplinary Action

21.3.1 Notice of Proposed Discipline
Whenever a disciplinary action is proposed to be taken against a worker, the worker shall be notified in writing of the proposed disciplinary action taken within at least five (5) working days in advance of the pre-disciplinary (“Skelly”) hearing. Such written notification shall include:
 A statement of the proposed disciplinary action to be taken against the worker;  A statement of the facts upon which the proposed disciplinary action is based which shall set forth clearly and with such particularity the charges against the worker so that the worker can understand said charges;
 A statement must indicate the cause for the proposed disciplinary action pursuant to the Personnel Rules or other relevant City policies;
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 A statement should describe any actions taken against the worker that relates to the current proposed disciplinary action;
 A statement advising the worker that the written notice is to be placed in their official personnel file and that said worker has a right to Union representation.

The written notice of proposed disciplinary action shall be considered to be sufficient notice to the worker if the above information is contained therein. The written notice of proposed disciplinary action must be presented to the employeeworker, either by personal service, email or sent via regular and certified mail (return receipt requested) to the last address that worker has furnished to the appointing authority.

21.3.2 Notice of Disciplinary Action
Whenever a disciplinary action is taken against a worker, the worker shall be notified in writing of the action taken.

Such written notification shall include:
 Statement of the disciplinary action taken against the worker;  A statement of the facts upon which the disciplinary action is based, which shall set forth clearly and with such particularity the charges against the worker so that the worker can understand said charges;
 A statement must indicate the cause for the disciplinary action pursuant to the Personnel Rules or other relevant City policies;
 A statement which generally describes any actions taken against the worker during the last five (5) years and which relates to the current disciplinary action;  A statement advising the worker that the written notice is to be placed in their official personnel file and that said worker has a right to appeal to the Personnel Board.

The written notice of disciplinary action shall be considered to be sufficient notice to the worker if the above information is contained. The written notice of disciplinary action must be presented to the workeremployee, either by personal service, email or sent via regular and certified mail (return receipt requested) to the last address that the worker has furnished to the appointing authority.

21.4 Appeals

21.4.1 Time for Appeal
Any worker against whom disciplinary action is taken shall have the right to appeal from such disciplinary action; provided, however, that the worker must deliver a written notice of appeal to the Human Resources Department within ten (10) working days of the date that the written notice of disciplinary action was served upon the worker. In the event worker fails to deliver a notice of appeal to the Human Resources Department within said ten (10) working day period, the disciplinary action shall become final, and the worker shall have no further right to appeal.

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21.4.2 Notice of Appeal - Contents.

The written notice of appeal filed with the Human Resources Department shall not be required to be in any particular format; however, it shall contain at least the following information:
 Name and address of the worker;
 The date of the disciplinary action and a statement of the effect that the worker appeals from the disciplinary action; and
 The notice of appeal shall be dated and signed by the worker or by his representative.

21.4.3 Setting Hearing Date
When the Human Resources Department receives a notice of appeal which complies with the requirements set forth herein, the Human Resources Director shall schedule the matter for hearing at the next available regular meeting of the Personnel Board at least fifteen (15) working days after receipt of the notice of appeal.

21.4.4 Findings and Conclusions
The Personnel Board shall render written findings and recommendations and final decisions concerning the appeal following the hearing and within ten (10) working days after the matter is submitted. The decision of the Personnel Board shall be final and conclusive unless determined otherwise by a court of competent jurisdiction.

22.0 LAYOFF PROCEDURE

22.1 Layoff Defined
Whenever, in the judgment of the City Council, it becomes necessary to abolish a position(s), including the reduction of work hours over twenty percent (20%) per year, the workeremployee(s) displaced shall be deemed to be laid off (workers employees may accept an hour’s reduction in excess of twenty percent (20%) without exercising their layoff rights.) The rights of workers employees affected by the abolishment of positions by the City Council shall be hereafter set forth in this Section.

22.2 Seniority
Seniority for purposes of layoff need not be continuous and shall include total accumulated length of service under the following types of appointment:
 Emergency appointment under SMMC 2.57.60 (h) or previous SMMC Section

2.57.020 (11).
 Regular appointment under SMMC 2.57.080.
 Provisional appointment under SMMC 2.57.070 (d).
 Appointment as City Manager's assistants under SMMC 2.57.060 (a) from a position in the classified service.
 Appointment as a Department Head under SMMC 2.57.060 (d) from a position in the classified service.

In the case of ties, seniority shall be determined on the basis of greater hire date seniority, then by random number if necessary.

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22.3 Seniority for Layoff Purposes
The least senior worker employee in the classification from which the position is abolished is to be first laid off. Prior to layoff of regular employeesworkers, temporary and/or provisional workers employees in the same classification will be laid off first. For purposes of initial layoff, seniority means time in the classification in question. Flexibly staffed positions will be considered a single classification for layoff purposes.

For the purposes of Section 22.4 (Bumping Rights) seniority is defined as seniority within the classification and seniority in a directly related higher classification; i.e., a classification that is within the promotional line and has a higher salary.

22.4 Bumping Rights
Employees Workers laid off may elect to be reassigned to a formerly held classification in any Unit held by a worker n employee with less seniority as defined in 22.2, provided the following conditions are met:
 The formerly held classification exists and has positions allocated and budgeted.

Formerly held positions include successor classification if determined by the City to exist. A successor classification exists where the Personnel Board has changed the title of a position or included new duties in the same titled classification, provided that a competitive test was not thereafter given for the retitled or re-dutied classification.
 The employee worker has the ability to perform the essential functions of the formerly held classification. Qualifications may be tested by the City as described in the current job description.
 If the employee worker has more than one formerly held City classification, the worker shall bump to the classification most recently held; the worker employee may bump into another formerly held classification if no position is available in the "most recently held" classification.

22.5 Mutually Agreed Upon Transfer
The City and an employee worker who has been laid off or bumped may agree to an appointment to a classification that has a vacant position without the need for competitive testing. The following conditions shall apply:
 The City may test the ability of the employee worker for the position prior to City's decision on whether it will mutually agree to the transfer;  The appointment shall be subordinate to the bumping rights of other workers employees and may not be used to prevent another worker employee from having access to the vacant position if permitted by the bumping provisions.

22.6 Severance Package
In the event there is not a less senior, formerly held position for the worker employee to access through layoff or bumping, the worker employee will be provided a severance package equal to two (2) weeks pay for each complete year of service, to a maximum of six (6) months pay. This severance package shall be in addition to any other buyouts and/or severance payments to which the worker employee is entitled under their MOU.

In addition to providing severance as described in this section, the City shall make arrangements to provide workers employees laid off with job search assistance for fortyDocusign Envelope ID: 082209F8-04AC-891D-8394-800A7B37E655 xli SEIU Library Merit
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five (45) days following the effective date of layoff. Job search assistance shall include job and career counseling, resume preparation, and job search assistance at City expense.

22.7 Salary in Event of Change Due to Layoff
An worker’s employee's rate of compensation in the event of position change resulting from layoff shall be the salary step in the classification to which the worker employee is laid off which is closest to the base salary received immediately prior to layoff.

22.8 Notice of Layoff
The City will notice the worker employee to be laid off and the workers employees who will be impacted by bumping, by registered mail or hand delivery. Affected worker employee organizations shall be noticed concurrently by registered mail. The notice shall be sent to the mailing address as shown on the workeremployee's last paycheck unless a more recent address has been provided to Human Resources by the workeremployee.

After notice to the worker employee and worker employee organizations, the names of workers employees to whom layoff notices have been sent will be posted at the Human Resources Department in City Hall. The notice shall state the layoff action to be taken, the options available to the workeremployee, re-employment rights, and layoff procedures. Employees Workers shall have ten (10) calendar days to inform the Human Resources Department in writing of the decisions on options stated in the notice. In the event that the worker employee fails to state their decision, the City shall select an option and City's decision shall not be subject to appeal. City shall select an option that retains employment with the City if such option exists. The failure to receive notice shall not be grounds to set aside actions taken.

22.9 Effective Date of Layoff
A layoff shall be effective thirty (30) calendar days after notice is mailed to the workeremployee, unless a later effective date is stated in the notice. An appeal shall not modify the effective date, provided, however, that where an appeal is successful and the layoff is nullified the worker employee shall be provided salary and benefits as if there was not layoff.

22.10 Appeal
An worker employee may not appeal the decision to layoff their position except as stated in 22.8 above but may appeal the order of layoff, the bumping provisions (except the test or results of a test of qualifications), and the seniority computation by filing a written appeal with the Human Resources Department stating the basis of the appeal.

An appeal must be filed within fourteen (14) calendar days of mailing of notice. The appeal shall be heard by the City Manager or their designee within ten (10) calendar days of filing the appeal. A decision will be rendered within ten (10) calendar days of the hearing. Notice will be given by first class mail to the worker employee and to their Unit. A further appeal to the Personnel Board may be filed within five (5) calendar days of mailing by filing a written appeal with the Human Resources Department stating the basis for the appeal. The hearing will be held within ten (10) calendar days of the filing of the appeal or as soon thereafter as a quorum of the Personnel Board may be gathered and a decision rendered within five (5) calendar days of the hearing.

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23.0 RECALL AND REEMPLOYMENT
Employees Workers shall be entitled to recall rights to the position from which they were laid off or bumped for a period of two (2) consecutive years from the effective date of layoff or bumping. The effective date of layoff or bumping shall be the employee's worker's last day of work in the classification from which the worker is laid off or bumped.

When a vacancy occurs in a job classification, laid off or bumped workers employees eligible to return to that job classification shall be recalled in the inverse order of bump or layoff. Permanent workers employees who were laid off or bumped are eligible to return to the job classification in which permanent status was held. Employees Workers reinstated under this Section shall not be subject to a new probationary period.

Probationary workers employees who did not have permanent status at the time of layoff shall be required to serve the remainder of any probationary period upon recall.

When a vacancy exists and workers employees are to be recalled, notice of the opening(s) shall be sent to the mailing address as shown on the worker’s employee's last paycheck unless a more recent address has been furnished by the laid off/bumped workeremployee.

To expedite recall, more than one (1) worker employee may be notified of an opening.

The worker employee shall have fourteen (14) calendar days to reply to the City from the date of mailing of the recall notice. If the worker employee fails to respond within fourteen (14) calendar days of notice to the City, the worker shall lose all recall rights.

Employees Workers reinstated under this Section shall receive credit for former employment in computing salary, vacation, and other benefits.

Employees Workers reinstated after layoff shall be treated as though they have been on absence without pay in computing salary, vacation, sick leave and other benefits.

The right to reinstatement is contingent upon the ability of the worker employee to perform the essential functions of the position to which the worker employee is being returned.

It is the responsibility of the worker employee who has been laid off to keep the City informed as to their addresses and telephone number. The City has no responsibility to attempt to trace an worker employee if notice of reinstatement is not delivered by the Post Office.

23.1 Meet and Confer
Upon request, the City shall meet and confer with affected worker employee organizations on the impact of any layoffs occurring pursuant to this policy.

Furthermore, the City will notify worker employee organizations of possible layoffs as soon as is reasonably possible, and afford the organization(s) the opportunity to provide options/alternatives to layoffs for consideration by the City Council prior to the Council reaching a final decision.

24.0 RE-EMPLOYMENT PROCEDURES AFTER RESIGNATION
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Any former worker with permanent status, separated from a position through resignation in good standing may be reemployed to the former position, or to another position in the same class, within two (2) years, provided there is an authorized vacancy and the worker meets the physical requirements for employment, upon the recommendation of the Department Head.

Workers reemployed under this section shall be subject to a probationary period and may receive credit for former employment in determining the amount of vacation allowance, sick leave, other benefits, and their step in the salary range upon the recommendation of the Department Head.

25.0 MISCELLANEOUS PROVISIONS

25.1 Mileage Allowance
City workers who must use their private vehicles for official business shall be compensated at the IRS rate.

25.2 Joint Labor Management Committee
The Joint Labor Management Committee is a vehicle for Library management and SEIU represented staff to work out issues in an interest-based manner in between contract negotiations. The Committee meets at least four (4) times per year, and may be scheduled more frequently with mutual agreement. SEIU Library members select one per diem and one merit worker employee to be released from regular duties to attend when the meetings correspond with the workers’ employees’ regularly scheduled shift. In addition, a Union representative may attend, and management may select participants to represent the City and Library. Action minutes are reviewed and approved by the Committee before they are posted for Library staff.

26.0 NO STRIKE
Local 521, SEIU, its members and representatives, agree that during the term of this agreement they will not engage in, authorize, sanction, or support any strike, slowdown, stoppage of work, curtailment of production, concerted refusal of overtime work, refusal to operate designated equipment (provided such equipment is safe and sound) or to perform customary duties because of any labor dispute. It shall not be a violation of this provision or any City rule, regulation, or policy for a worker to fail or refuse to perform the work of any City worker who is or may be considered to be engaged in any legal activity set forth herein.

Neither the Union nor any representatives thereof shall engage in job action as designated in this section for the purpose of effecting changes in the directives or decisions of management of the City, nor to effect a change of personnel or operations of management or of workers not covered by the Memorandum of Understanding, during the term of this Agreement. This is not meant to restrict the worker’s right to communicate with elected officials.

27.0 NO LOCKOUT
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The City agrees not to engage in any lockout during the term of this Agreement.

28.0 SEVERABILITY OF PROVISIONS
If any provision of this Agreement should be held invalid by a court of competent jurisdiction or to be illegal or unenforceable, all the other provisions shall remain in full force and effect. The parties shall immediately enter into negotiations for the sole purpose of arriving at a mutually satisfactory replacement for such provision.

29.0 CONTRACTING OUT
City shall retain the right and obligation to maintain day to day services and operations through the retention of outside contractor’s on a temporary or ongoing basis. However, the City will provide formal notice to the Union and provide the opportunity to meet and confer no less than ninety (90) days prior to any final decision (award of contract) to contract out work which results in the displacement of workers covered by this Memorandum of Understanding or when such contracting out is the result of the elimination of one or more bargaining unit positions.

When contracting out would result in the reduction of authorized positions covered by this contract, the City shall make every effort to place the affected workers in other City functions and reduce personnel through attrition.

The Union shall be given the opportunity to meet with the City and discuss the decision to contract out, and meet and confer on the effect of contracting out on its members. The Union may suggest alternate ways services can be continued to be provided by the City's own workers. After notification the Union shall respond within thirty (30) days with their alternatives.

In addition and upon request, the Union agrees to meet and confer with City departments to discuss ways to improve the quality and efficiency of City services.

30.0 AGREEMENT TERM
This Agreement terminates at 11:59 p.m. on June 21, 2026.

The existing and unmodified rules, regulations, resolutions or ordinances relating to wages, hours and conditions of employment not covered in this Agreement for workers in this Unit shall remain unchanged for said period unless such changes are the result of meeting and conferring as required by law.

Notwithstanding the provisions of this section, the City Council may increase the benefits for the Library Merit Unit, or may increase the wages of specific classifications in the Library Merit Unit.

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HOUSEKEEPING CLEANING – TENTATIVE AGREEMENT
For the SEIU Library Merit: For the City:
___________________________ ___________________________ Eric Rosenthal Date Stacey Cue Date
SEIU Representative IEDA Representative
___________________________
Carla Avitabile Date
___________________________
Paul Vaughn Date
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10/14/2026
10/15/2026
10/14/2026
Tentative Agreement - City Proposal #3 1 of 3

MEMORANDUM OF UNDERSTANDING NEGOTIATIONS

BETWEEN

SERVICE EMPLOYEES INTERNATIONAL UNION
LOCAL 521, SEIU LIBRARY MERIT UNIT
AND

THE CITY OF SAN MATEO
CITY PROPOSAL #3

TENTATIVE AGREEMENT
OCTOBER 12, 2026
MOU SECTION: Section 11 - DIFFERENTIALS and PREMIUM PAY LANGUAGE:

11.0 DIFFERENTIALS and AND PREMIUM PAY

11.2A Temporary UpgradeActing Pay (AP)
In the event a Department Head determines that when it is necessary to assign a worker to perform all of the duties of a higher paid classification, the worker employee shall, receive the rate of pay of for the higher classification. Bargaining Unit employees accepting an acting pay position which is exempt from overtime will not be eligible for overtime pay. If an AP assignment is in a different bargaining unit, the employee will retain the benefits of their actual position.

Such rate of pay shall be at least five perfect (5%) higher than the employee’s current that rate of pay the worker is entitled to in the event of a promotion, except that if circumstances warrant, in the opinion of the City Manager , he or she may authorize a different salaryhigher step in the established salary range of the higher paid classification. If an acting assignment is in a different bargaining unit, the employee will retain the benefits of their actual position.

Bargaining Unit employees accepting an acting pay position which is exempt from overtime will not be eligible for overtime pay. The individual will however retain all other rights in accordance with the MOU of the labor unit representing their regular classification.

Temporary upgradeAP assignments shall be no longer than six (6) months in duration, unless an extension is approved by the City Manager. Extensions beyond the initial six (6) month period can only be granted by the City Manager.

In the event a worker occupies a position in a higher merit system classification for a period of thirty (30) or more calendar days, there will be a presumption that such worker is performing all of the duties of the higher classification.

In the event the City Manager appoints a worker to a Department Head temporary upgradeAP assignment, such worker shall be paid a salary which is the average of the established salary for the Department Head and the worker's current salary, plus any differentials, effective thirty-one (31) calendar days following the absence of the Department Head or later as determined by the City Manager.

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AP assignments shall be no less than one (1) full pay period. An employee working less than one (1) full pay-period may receive differential pay for working out of their existing classification as defined by Section 11.2 Differential Pay.

Except with the approval of the City Manager, a temporary upgrade assignment shall not continue for longer than one year.

In the event that the Department Head or the City Manager decides to assign all the duties of a vacant Department Head or Division Head position to a "Management Team," the cost of paying one of the management employees temporary upgrade pay to fill the vacancy will be split between the members of the "Management Team" and be paid as a work out of class differential (not temporary upgrade pay) for the duration of the assignment.

11.2A3 Temporary Upgrade Pay
When an employee is acting or working out of classification due to incumbent’s approved leave of absence, said employee shall receive Temporary Upgrade Pay (TUP). TUP, as defined by California Code of Regulation 571(a)(3), is compensation to employees who are required by their employer or governing board or body to work in a higher upgraded position/classification of limited duration.

TUP assignments shall be no longer than six (6) months in duration, unless an extension has been approved by the City Manager. The total TUP duration with an approved extension shall not exceed one (1) year.

TUP shall be reported to CalPERS as special compensation for classic members.

11.2B Work Out of Class
Work Out of Class (WOC) appointments shall only be made for vacant positions during active recruitment. Gov. Code Section 20480 of the Public Employees’ Retirement Law (PERL) defined an “out-of-class appointment” to mean an appointment to an upgraded position or higher classification by an employer or governing board or body in a vacant position for a limited duration. For purposes of this section, a "vacant position" refers to a position that is vacant during active recruitment for a permanent appointment. A vacant position does not refer to a position that is temporarily available due to another employee' s leave of absence (see “Temporary Upgrade Pay” above).

WOC assignments shall be no longer than six (6) months in duration.

WOC Acting Pay is reportable to CalPERS as compensation for both Classic and PEPRA members.

If a worker performs a significant portion but not all of the duties of a higher paid classification, the worker may, upon Department Head approval, qualify for a differential in pay to be Docusign Envelope ID: 082209F8-04AC-891D-8394-800A7B37E655 Tentative Agreement - City Proposal #3 3 of 3
determined by duties assigned for this work out of class.

11.2C Differential Pay (DP)
If an employee performs a significant portion but not all of the duties of a higher paid classification for a minimum of one (1) shift, the employee may, upon department head approval, qualify for a differential pay (DP) to be determined by duties and level of complexity assigned.

For the SEIU Library Merit: For the City:
___________________________ ___________________________ Eric Rosenthal Date Stacey Cue Date
SEIU Representative IEDA Representative
___________________________
Carla Avitabile Date
___________________________
Paul Vaughn Date
Docusign Envelope ID: 082209F8-04AC-891D-8394-800A7B37E655 10/14/2026
10/14/2026
10/15/2026
10/14/2026
Tentative Agreement - City Proposal #4 1 of 2

MEMORANDUM OF UNDERSTANDING NEGOTIATIONS

BETWEEN

SERVICE EMPLOYEES INTERNATIONAL UNION
LOCAL 521, SEIU LIBRARY MERIT UNIT
AND

THE CITY OF SAN MATEO
CITY PROPOSAL #4

TENTATIVE AGREEMENT
MAY 5, 2026
MOU SECTION: Section 15.4.1 Bereavement Leave
LANGUAGE:

15.4.1 Bereavement Leave
Leave of absence up to five (5) days without pay becauseIn the event of a death in the immediate family of a worker shall be granted by the Department Head, workers may take accrued sick leave of up to three (3) days, or up to five (5) days at the discretion of the employeeworker’s department head, in the event of a death of an immediate member of their family. Bereavement Leave shall be tracked separately from Protected Sick Leave. Workers may use their eligible leave balances (e.g., sick leave and vacation) to remain on paid status. Bereavement Leave may be taken intermittently and shall be completed within three (3) months of the date of death of the immediate family member.

For purpose of this subsection 15.4.1 (Bereavement Leave), "immediate family" means mother, stepmother, father, stepfather, husband, wife, domestic partner, child of domestic partner, son, stepson, daughter, stepdaughter, grandparent, grandchild, brother, stepbrother, sister, stepsister, foster parent, foster child, mother-in-law and father-in-law, son-in-law, daughter-in-law, brotherin-law or sisters-in-law, spouse’s grandparents, or any other person sharing the relationship of in loco parentis.

In this context only, immediate family shall be defined as: spouse, domestic partner, child, foster child who resided with the employee at the time of their death, stepchild, mother, father, stepmother, stepfather, mother-in-law, father-in-law, brother, stepbrother, sister, stepsister, brother-in-law, sister-in-law, grandmother, grandfather, spouse’s grandmother, spouse’s grandfather, son-in-law, daughter-in-law or grandchildren.

Docusign Envelope ID: 082209F8-04AC-891D-8394-800A7B37E655 Tentative Agreement - City Proposal #4 2 of 2
For the SEIU Library Merit: For the City:
___________________________ ___________________________ Eric Rosenthal Date Stacey Cue Date
SEIU Representative IEDA Representative
___________________________
Carla Avitabile Date
___________________________
Paul Vaughn Date
Docusign Envelope ID: 082209F8-04AC-891D-8394-800A7B37E655 10/14/2026
10/14/2026
10/15/2026
10/14/2026
Tentative Agreement - City Proposal #5 1 of 2

MEMORANDUM OF UNDERSTANDING NEGOTIATIONS

BETWEEN

SERVICE EMPLOYEES INTERNATIONAL UNION
LOCAL 521, SEIU LIBRARY MERIT UNIT
AND

THE CITY OF SAN MATEO
CITY PROPOSAL #5

TENTATIVE AGREEMENT
MAY 5, 2026
MOU SECTION: Section 15.0 (New Section) Family Sick Leave LANGUAGE:

15.1.1 Family Sick Leave
Workers are eligible to use, in each calendar year, up to six (6) days of accumulated protected sick leave to attend to immediate family members who are ill or injured, including emergency or routine medical/dental appointments and/or to obtain or attempt to obtain any relief to help ensure the health, safety, or welfare of themselves or their child(ren) when the worker is a victim of domestic violence, sexual assault or stalking. For the purpose of this subsection "immediate family" means:
• Parent (biological, adoptive, foster-parent, stepparent, grandparent or legal guardian of a worker or the worker’s spouse or domestic partner (upon submission of a written affidavit for domestic partnership or a notarized Declaration of Domestic Partnership filed with the California Secretary of State) or a person who stood in loco parentis when the worker was a minor child); • Spouse or domestic partner (upon submission of a written affidavit for domestic partnership or a notarized Declaration of Domestic Partnership filed with the California Secretary of State); • Child (biological, adopted, foster-child, stepchild, grandchild, legal ward or child to whom the worker stands in loco parentis);
• Sibling; and
• An “immediate family” member also includes a “designated person”. The worker shall identify their “designated person” at the time the worker requests the leave. Workers are limited to one (1) “designated person” per 12-month period.

Docusign Envelope ID: 082209F8-04AC-891D-8394-800A7B37E655 Tentative Agreement - City Proposal #5 2 of 2
For the SEIU Library Merit: For the City:
___________________________ ___________________________ Eric Rosenthal Date Stacey Cue Date
SEIU Representative IEDA Representative
___________________________
Carla Avitabile Date
___________________________
Paul Vaughn Date

Docusign Envelope ID: 082209F8-04AC-891D-8394-800A7B37E655 10/14/2026
10/14/2026
10/15/2026
10/14/2026
Tentative Agreement - City Proposal #6 1 of 1

MEMORANDUM OF UNDERSTANDING NEGOTIATIONS

BETWEEN

SERVICE EMPLOYEES INTERNATIONAL UNION
LOCAL 521, SEIU LIBRARY MERIT UNIT
AND

THE CITY OF SAN MATEO
CITY PROPOSAL #6

TENTATIVE AGREEMENT
MAY 5, 2026
MOU SECTION: Section 15.4 Protected Leave
LANGUAGE:

15.4 Protected Sick Leave
Protected sick leave shall be granted in accordance with federal and state laws, including but not limited to the Family and Medical Leave Act, California Family Rights Act, and Pregnancy Disability Leave.

Workers may refer to City-wide policies in the Human Resources Department. may be taken and if taken, shall be charged to sick leave or, with the concurrence of the Department Head, to vacation, holiday, or Compensatory Time Off (CTO) leave for the following reasons:
 The diagnosis, care or treatment of an existing health condition of, or preventative care for an employee.
 The diagnosis, care or treatment of an existing health condition of, or preventative care for an employee’s family member, as defined in California Labor Code section 245.5(c).  An employee who is a victim of domestic violence, sexual assault, or stalking.

Not more than six (6) days of such protected sick leave shall be granted in any one (1) calendar year. However, if extenuating circumstances exist, at the discretion of the Department Head, a reasonable extension of the six (6) day limit may be granted. Any additional leave so granted shall be charged against the worker's accumulated sick leave.

For the SEIU Library Merit: For the City:
___________________________ ___________________________ Eric Rosenthal Date Stacey Cue Date
SEIU Representative IEDA Representative
___________________________
Carla Avitabile Date
___________________________
Paul Vaughn Date
Docusign Envelope ID: 082209F8-04AC-891D-8394-800A7B37E655 10/14/2026
10/14/2026
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Tentative Agreement - City Proposal #7 1 of 1

MEMORANDUM OF UNDERSTANDING NEGOTIATIONS

BETWEEN

SERVICE EMPLOYEES INTERNATIONAL UNION
LOCAL 521, SEIU LIBRARY MERIT UNIT
AND

THE CITY OF SAN MATEO
CITY PROPOSAL #7

TENTATIVE AGREEMENT
MAY 5, 2026
MOU SECTION: Section 15.5 Extended Sick Leave
LANGUAGE:

15.5 Extended Sick Leave
After one (1) year of continuous merit system service, workers who have exhausted all their earned leave benefits may be granted extended sick leave pay at the rate of seventy-five percent (75%) of regular salary upon the recommendation of the Department Head.

After each thirty (30) days of such sick leave, each case requiring additional sick leave shall be reviewed by the Department Head and Human Resources Director and approved by the Personnel Officer. Such extended sick leave shall not be charged to the worker's future sick leave accumulation during this period of extended sick leave. Application for extended sick leave pay shall not be unjustly denied by the Department Head.

For the SEIU Library Merit: For the City:
___________________________ ___________________________ Eric Rosenthal Date Stacey Cue Date
SEIU Representative IEDA Representative
___________________________
Carla Avitabile Date
___________________________
Paul Vaughn Date

Docusign Envelope ID: 082209F8-04AC-891D-8394-800A7B37E655 10/14/2026
10/14/2026
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Tentative Agreement - City Proposal #8 1 of 1

MEMORANDUM OF UNDERSTANDING NEGOTIATIONS

BETWEEN

SERVICE EMPLOYEES INTERNATIONAL UNION
LOCAL 521, SEIU LIBRARY MERIT UNIT
AND

THE CITY OF SAN MATEO
CITY PROPOSAL #8

TENTATIVE AGREEMENT
APRIL 9, 2026
MOU SECTION: New Section- Family-School Partnership Act Leave LANGUAGE:

18.8 FAMILY-SCHOOL PARTNERSHIP ACT LEAVE
California Government Code Section 230.8 entitles workers who are a parent, legal guardian, stepparent, foster parent, or grandparent of, or a person who stands in loco parentis to a child in a licensed daycare facility or school (from birth through grade 12) up to forty (40) hours off per year, with a maximum of eight (8) hours per calendar month, to participate in school activities. Workers shall utilize vacation or compensatory time, for the purposes of the planned absence. The type of leave used by the worker shall be at the sole discretion of the worker. Workers who do not have any accrued vacation, compensatory time, or Executive/FLSA Exempt Management leave are permitted to utilize leave without pay for this purpose. Workers shall give reasonable notice to their supervisor of the school activity planned absence and upon return to work, provide to their supervisor documentation from the school or licensed childcare provider as proof that the worker engaged in child-related activities. A Department Head shall not deny a request for this leave except for reasons critical to the department operations.

For the SEIU Library Merit: For the City:
___________________________ ___________________________ Eric Rosenthal Date Stacey Cue Date
SEIU Representative IEDA Representative
___________________________
Carla Avitabile Date
___________________________
Paul Vaughn Date
Docusign Envelope ID: 082209F8-04AC-891D-8394-800A7B37E655 10/14/2026
10/14/2026
10/15/2026
10/14/2026
Tentative Agreement - City Proposal #9 1 of 1

MEMORANDUM OF UNDERSTANDING NEGOTIATIONS

BETWEEN

SERVICE EMPLOYEES INTERNATIONAL UNION
LOCAL 521, SEIU LIBRARY MERIT UNIT
AND

THE CITY OF SAN MATEO
CITY PROPOSAL #9

TENTATIVE AGREEMENT
MAY 5, 2026
MOU SECTION: New Section: 18.4B – Victim and Family Support Leave LANGUAGE:

18.4B Victim and Family Support Leave
In accordance with Government Code §12945.8 and any amendments thereto, workers are entitled to an unpaid, job-protected leave of absence if they or their family members are a victim of a qualifying act of violence. The amount of approved leave is contingent on the qualifying circumstance. This leave runs concurrently with any applicable leave, including FMLA and CFRA, if the worker is eligible.

1. Use of Paid Leave. Workers may elect to use accrued sick leave, vacation or other available paid leave balances for leave taken pursuant to this subsection. For workers scheduled to work less than the full-time work week, use of paid leave shall be granted only for those days, or fractions thereof, that the worker was scheduled to work. Workers who do not elect to use accrued leave or lack sufficient leave accruals to cover the leave taken under this subsection shall be granted authorized unpaid leave.

2. Request and Documentation. When feasible, workers must provide advance notice. To request the leave, workers must complete and submit the appropriate form to the Human Resources Department. Reasonable documentation/certification will be required to support the leave.

For the SEIU Library Merit: For the City:
___________________________ ___________________________ Eric Rosenthal Date Stacey Cue Date
SEIU Representative IEDA Representative
___________________________
Carla Avitabile Date
___________________________
Paul Vaughn Date
Docusign Envelope ID: 082209F8-04AC-891D-8394-800A7B37E655 10/14/2026
10/14/2026
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Tentative Agreement - City Proposal #10 1 of 2

MEMORANDUM OF UNDERSTANDING NEGOTIATIONS

BETWEEN

SERVICE EMPLOYEES INTERNATIONAL UNION
LOCAL 521, SEIU LIBRARY MERIT UNIT
AND

THE CITY OF SAN MATEO
CITY PROPOSAL #10

TENTATIVE AGREEMENT
JULY 8, 2026
MOU SECTION: Section 18.2 - Disability Leave
LANGUAGE:

18.2 Industrial DisabilitySick Leave Benefits
Workers with an approved/accepted workers’ compensation claim shall receive workers’ compensation benefits in accordance with the Workers' Compensation Law of the State of California. If an The purpose of this Section is to continue the compensation of workers worker is incapacitated because of an approved work-related injury/illness, such worker shall be entitled to pay as provided herein.who must remain off their jobs as a result of disability occasioned or injury received as a result of the discharge of their duties as workers of the City.

A Department Head is responsible for determining that only bona fide disability leave is taken.

For each approved workers’ compensation claimdisability, workers workers shall be allowed industrial sick disability leave (salary continuation) up to and including 480 work hourssixty (60) working days. Such industrial sick disability leave (salary continuation) shall be at full pay and will reflect include any approved, less Workers’ Compensation temporary disability (TD) payments to which such worker is entitled during such disability period. This period shall not exceed 480 work hours from the start date of leave due to such approved workers’ compensation injury or illness.

Workers with an approved/accepted workers’ compensation claim shall be entitled to TD as determined by the State Workers’ Compensation Law. WhenIf the 480 work hours (Salary Continuation)sixty (60) working days become are exhausted, available worker’s leave balances shall be granted to supplement TD payments. Available worker’s leave balances shall include sick leave, vacation leave, compensatory time off, holiday leaves, and management FLSA exempt leave. additional time off may be charged to sick leave Docusign Envelope ID: 082209F8-04AC-891D-8394-800A7B37E655 Tentative Agreement - City Proposal #10 2 of 2
with the following exceptions: A worker Workers shall not be charged use sick leave balances for that portion of his or her salary for which temporary disability payments are received under the State Workers’ Compensation Law.

18.2.1 Disability Retirement or Separation
No otherwise appropriate disability retirement or separation from service shall be delayed for more than forty-five (45) workdays (three hundred sixty (360 hours)) due to the existence of accrued sick leave. EmployeeWorkers being retired due to disability with unused sick leave on the books shall be entitled to compensation for the unused leave in accordance with Section 17.9, Termination Pay.

Additional compensation may be awarded by Resolution of the City Council to workers disabled or injured in line of duty, if such compensation is considered merited and is recommended by the City Manager.

For the SEIU Library Merit: For the City:
___________________________ ___________________________ Eric Rosenthal Date Stacey Cue Date
SEIU Representative IEDA Representative
___________________________
Carla Avitabile Date
___________________________
Paul Vaughn Date

Docusign Envelope ID: 082209F8-04AC-891D-8394-800A7B37E655 10/14/2026
10/14/2026
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Tentative Agreement - City Proposal #11 1 of 2

MEMORANDUM OF UNDERSTANDING NEGOTIATIONS

BETWEEN

SERVICE EMPLOYEES INTERNATIONAL UNION
LOCAL 521, SEIU LIBRARY MERIT UNIT
AND

THE CITY OF SAN MATEO
CITY PROPOSAL #11

TENTATIVE AGREEMENT
MAY 5, 2026
MOU SECTION: Section 11.4.1 Exempt Employees
LANGUAGE:

11.4.1 Exempt Employees
Executive, administrative and professional workers are exempt from the provisions of this overtime policy. Federal standards concerning exemptions from federal wage and hour laws shall be used as a guide on determining such exemptions. Exempt and nonexempt positions shall be established by the City in accordance with the definition and regulations of the Fair Labor Standards Act.

Except where prohibited by the Fair Labor Standards Act, the Department Head may authorize payment on a straight time basis to workers who are required to work extensive periods beyond their normal work schedule because of emergency conditions, short term requirements of the job, or to meet established deadlines. Said authorization can only be made if the department budget provides adequate funding.

The following classifications are EXEMPT from paid overtime provisions:
 Librarian I
 Librarian II
 Literacy Program Coordinator
 Literacy Specialist
Fair Labor Standards Act exempt workers not eligible for overtime payment will accrue compensatory time off at the rate of one (1) hour for each overtime hour worked, to a maximum of eighty (80) hours.

Workers exempt from paid overtime may be paid up to a maximum of forty (40) hours of payment each fiscal year. Payment shall be at the worker's normal rate of pay and may be made as earned by the worker. Such overtime would not include time spent on trips Docusign Envelope ID: 082209F8-04AC-891D-8394-800A7B37E655 Tentative Agreement - City Proposal #11 2 of 2
and conferences, reading professional journals, attending schools, classes, professional meetings, or attending City or quasi-public groups unless attendance in an official capacity on behalf of the City is required.

For the SEIU Library Merit: For the City:
___________________________ ___________________________ Eric Rosenthal Date Stacey Cue Date
SEIU Representative IEDA Representative
___________________________
Carla Avitabile Date
___________________________
Paul Vaughn Date

Docusign Envelope ID: 082209F8-04AC-891D-8394-800A7B37E655 10/14/2026
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Tentative Agreement 1 of 1

MEMORANDUM OF UNDERSTANDING NEGOTIATIONS

BETWEEN

SERVICE EMPLOYEES INTERNATIONAL UNION
LOCAL 521, SEIU LIBRARY MERIT UNIT
AND

THE CITY OF SAN MATEO

TENTATIVE AGREEMENT
OCTOBER 12, 2026
MOU SECTION: Section 14.4 Monday Holidays
LANGUAGE:

14.1 Monday Holidays
For the following holidays that fall on Monday, the Library shall be closed on the preceding Sunday.

Martin Luther King, Jr. Day
President’s Day
Memorial Day
Labor Day
Employees’ schedules will be adjusted accordingly. If a holiday falls on an employee’s regularly scheduled day off, holiday time shall be granted for the observed day only.

For the SEIU Library Merit: For the City:

___________________________ ___________________________ Eric Rosenthal Date Stacey Cue Date
SEIU Representative IEDA Representative
___________________________
Carla Avitabile Date
___________________________
Paul Vaughn Date
Docusign Envelope ID: 082209F8-04AC-891D-8394-800A7B37E655 10/14/2026
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Tentative Agreement 1 of 1

MEMORANDUM OF UNDERSTANDING NEGOTIATIONS

BETWEEN

SERVICE EMPLOYEES INTERNATIONAL UNION
LOCAL 521, SEIU LIBRARY MERIT UNIT
AND

THE CITY OF SAN MATEO

TENTATIVE AGREEMENT
OCTOBER 12, 2026
MOU SECTION: Section 4.8 General Membership (New Section) LANGUAGE:

4.8 General Membership
The Union may submit a request for paid or unpaid release time for employees to participate in Union business/events that provide mutual benefit to both the Union and the City, in compliance with applicable federal, state, and local laws, rules, regulations, and City policies. Employees are prohibited from engaging in political activities while on duty or when on City premises, as stated in the Political Activities Policy.

All release time requests must be submitted to the Human Resources Director and shall be subject to final approval by the City Manager.

For the SEIU Library Merit: For the City:

___________________________ ___________________________ Eric Rosenthal Date Stacey Cue Date
SEIU Representative IEDA Representative
___________________________
Carla Avitabile Date
___________________________
Paul Vaughn Date
Docusign Envelope ID: 082209F8-04AC-891D-8394-800A7B37E655 10/14/2026
10/14/2026
10/15/2026
10/14/2026
Tentative Agreement 1 of 1

MEMORANDUM OF UNDERSTANDING NEGOTIATIONS

BETWEEN

SERVICE EMPLOYEES INTERNATIONAL UNION
LOCAL 521, SEIU LIBRARY MERIT UNIT
AND

THE CITY OF SAN MATEO

TENTATIVE AGREEMENT
OCTOBER 12, 2026
MOU SECTION: Section 11.6 – Librarian in Charge (New Section) LANGUAGE:

11.6 Librarian in Charge
One (1) employee in the classification of Librarian who is designated to be “in-charge” shall receive an additional 5% of base pay for all hours worked performing “in-charge” duties during evening and weekend shifts when management is not present. The designation will be assigned on a scheduled rotation that addresses meal periods and ensures continuity.

For the SEIU Library Merit: For the City:

___________________________ ___________________________ Eric Rosenthal Date Stacey Cue Date
SEIU Representative IEDA Representative
___________________________
Carla Avitabile Date
___________________________
Paul Vaughn Date
Docusign Envelope ID: 082209F8-04AC-891D-8394-800A7B37E655 10/14/2026
10/14/2026
10/15/2026
10/14/2026
Tentative Agreement 1 of 2

MEMORANDUM OF UNDERSTANDING NEGOTIATIONS

BETWEEN

SERVICE EMPLOYEES INTERNATIONAL UNION
LOCAL 521, SEIU LIBRARY MERIT UNIT
AND

THE CITY OF SAN MATEO

TENTATIVE AGREEMENT
OCTOBER 12, 2026
MOU SECTION: Section 9.1 – Compensation Increases During the Term of this Agreement LANGUAGE:

9.1.1 Compensation Increases During the Term of this Agreement The Unit will receive the following across the board increases during the term of this agreement:
 3% effective the first full pay period following Council adoption of this agreement
 2% effective January 2, 2028
 2% effective January 14, 2029

9.1.2 Equity Adjustments
Effective the first full pay period following Council adoption of this agreement, the following classifications will receive an equity adjustment as outlined below:
 Librarian II (Benchmark) – 7.23%
 Librarian I
 Literacy Program Coordinator
 Literacy Specialist
 Library Assistant II (Benchmark) – 7.06%
 Senior Library Assistant
 Library Assistant I
 Library Aid I
 Library Aid II

9.1.3 “Me Too” Clause
If during the term of this Memorandum of Understanding, SEIU Maintenance receives a higher COLA for Year 2 (Fiscal Year 27/28) or Year 3 (Fiscal Year 28/29), SEIU Library shall receive the same COLA percentage.

The equity adjustments for the Library Unit and the Maintenance Unit shall be calculated consistently. If the SEIU Maintenance Unit agreement calculates Market Median Total Compensation equity adjustments in a different manner, the City shall calculate the Docusign Envelope ID: 082209F8-04AC-891D-8394-800A7B37E655 Tentative Agreement 2 of 2

equity adjustments provided under this Agreement using the same formula ultimately applied to the SEIU Maintenance Unit.

The effective date of such adjustment shall be the effective date of the City Council adopted SEIU Maintenance Unit across the board increase. The total compensation survey market median shall be determined by the existing agreed upon survey methodology and using the 2026 Bryce Library Total Comp studies for Librarian II and Library Assistant II.

Any adjustments as a result of this clause shall not result in a pay reduction for any library employee(s).

Effective July 9, 2023, employees will receive a four percent (4.0%) across the board increase.

The effective date of this increase is in recognition of the pause in the negotiation process due to the City’s change of City Manager. The union acknowledges this is an extraordinary circumstance and not a departure from the City’s long-standing practice of adopting MOUs with salary effective dates the pay period following adoption or later.

To aid in recruitment and retention, the Librarian I/II series shall receive an additional two percent (2%) increase effective July 9, 2023.

Effective June 23, 2024, employees will receive a three percent (3%) across the board increase.

Effective June 22, 2025, employees will receive a three percent (3%) across the board increase.

For the SEIU Library Merit: For the City:

___________________________ ___________________________ Eric Rosenthal Date Stacey Cue Date
SEIU Representative IEDA Representative
___________________________
Carla Avitabile Date
___________________________
Paul Vaughn Date
Docusign Envelope ID: 082209F8-04AC-891D-8394-800A7B37E655 10/14/2026
10/14/2026
10/15/2026
10/14/2026
Tentative Agreement 1 of 1

MEMORANDUM OF UNDERSTANDING NEGOTIATIONS

BETWEEN

SERVICE EMPLOYEES INTERNATIONAL UNION
LOCAL 521, SEIU LIBRARY MERIT UNIT
AND

THE CITY OF SAN MATEO

TENTATIVE AGREEMENT
OCTOBER 12, 2026
MOU SECTION: Section 30.0 – Agreement Term
LANGUAGE:

30.0 AGREEMENT TERM
This Agreement terminates at 11:59 p.m. on June 216, 20296.

The existing and unmodified rules, regulations, resolutions or ordinances relating to wages, hours and conditions of employment not covered in this Agreement for workers in this Unit shall remain unchanged for said period unless such changes are the result of meeting and conferring as required by law.

Notwithstanding the provisions of this section, the City Council may increase the benefits for the Library Merit Unit, or may increase the wages of specific classifications in the Library Merit Unit.

For the SEIU Library Merit: For the City:

___________________________ ___________________________ Eric Rosenthal Date Stacey Cue Date
SEIU Representative IEDA Representative
___________________________
Carla Avitabile Date
___________________________
Paul Vaughn Date
Docusign Envelope ID: 082209F8-04AC-891D-8394-800A7B37E655 10/14/2026
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Side Letter of Agreement
Between
City of San Mateo
And
SEIU Library Merit Unit
Recognition
SEIU Library Merit and Per Diem units shall be considered one unit.

The rights and protections in the current Merit and Per Diem MOU will remain the same. The MOU will be combined integrating the Merit and Per Diem sections, distinguishing the differences between each unit.

For SEIU Library Merit Unit City of San Mateo
By: ______________________________ By: ____________________________________ Eric Rosenthal, SEIU Representative Stacey Cue, IEDA
Date: _____________ Date: _____________
Docusign Envelope ID: 082209F8-04AC-891D-8394-800A7B37E655 10/14/2026 10/14/2026
Side Letter of Agreement
Between
City of San Mateo
And
SEIU Library Merit Unit
Bilingual Differential
The City is committed to updating the citywide Bilingual Policy. All bargaining units will be invited to meet and confer within ten (10) months following Council adoption of the MOU.

For SEIU Library Merit Unit City of San Mateo
By: ______________________________ By: ____________________________________ Eric Rosenthal, SEIU Representative Stacey Cue, IEDA
Date: _____________ Date: _____________
Docusign Envelope ID: 082209F8-04AC-891D-8394-800A7B37E655 10/14/2026 10/14/2026
Side Letter of Agreement
Between
City of San Mateo
And
SEIU Library Merit Unit
Merger Reopener
If SEIU bargaining units merge after following the unit modification process pursuant to Personnel Rules and Regulations, the City would agree to have a re-opener of the MOU contract for SEIU Library.

For SEIU Library Merit Unit City of San Mateo
By: ______________________________ By: ____________________________________ Eric Rosenthal, SEIU Representative Stacey Cue, IEDA
Date: _____________ Date: _____________
Docusign Envelope ID: 082209F8-04AC-891D-8394-800A7B37E655 10/14/2026 10/14/2026

MEMORANDUM OF UNDERSTANDING NEGOTIATIONS

BETWEEN

SERVICE EMPLOYEES INTERNATIONAL UNION
LOCAL 521, SEIU LIBRARY PER DIEM UNIT
AND

THE CITY OF SAN MATEO
CITY PROPOSAL #1

TENTATIVE AGREEMENT
OCTOBER 12, 2026
MOU SECTION: Throughout the Memorandum of Understanding Intent: Update language and provide clarification. If a signed Tentative Agreement (TA) modifies the language addressed in this Housekeeping TA, the signed TA shall supersede and control to the extent of any conflicting language except in terminology in which the intention is to replace the term “employee” with “worker.”

CITY OF SAN MATEO
AND

SAN MATEO LIBRARY PER DIEM
UNIT

MEMORANDUM
OF

UNDERSTANDING
EFFECTIVE:

July 9, 2023 – June 21, 2026
Docusign Envelope ID: 90E1448A-A9F2-8E5E-812B-D33A7D8A3336 i SEIU Library Per Diem
2020-2023

CITY OF SAN MATEO LIBRARY PER DIEM UNIT

TABLE OF CONTENTS

1.0 RECOGNITION ............................................................................................................................................. 1

2.0 NO DISCRIMINATION ................................................................................................................................ 1

3.0 AT-WILL EMPLOYMENT .......................................................................................................................... 2

4.0 UNION SECURITY ........................................................................................................................................ 2

4.1 PAYROLL DEDUCTIONS AND PAY-OVER .......................................................................................................... 2

4.2 JOB ANNOUNCEMENTS ..................................................................................................................................... 2

4.3 ENFORCEMENT ................................................................................................................................................. 2

4.4 THIRD PARTY NOTIFICATION .......................................................................................................................... 2

5.0 UNION RIGHTS ............................................................................................................................................. 3

5.1 EMPLOYEE REPORTS ....................................................................................................................................... 3

5.1.1 Library Per Diem Orientation ........................................................................................................ 3

5.2 BULLETIN BOARDS ........................................................................................................................................... 3

5.3 ACCESS TO WORK LOCATIONS ........................................................................................................................ 4

5.4 ACCESS TO FACILITIES .................................................................................................................................... 4

5.5 WORKER ORIENTATION .................................................................................................................................. 4

6.0 UNION NOTICE ............................................................................................................................................. 4

7.0 STEWARDS AND REPRESENTATIVES ................................................................................................... 4

7.1 STEWARDS ........................................................................................................................................................ 4

7.2 OFFICIAL REPRESENTATIVES .......................................................................................................................... 5

8.0 CITY RIGHTS ................................................................................................................................................ 5

9.0 WORKER RIGHTS ....................................................................................................................................... 5

10.0 SALARY ADJUSTMENT .............................................................................................................................. 5

10.1 COMPENSATION INCREASES DURING THE TERM OF THIS AGREEMENT ........................................................ 5

10.2 MARKET PLACEMENT AND COMPENSATION SURVEY .................................................................................... 6

10.3 MID-TERM PAY RAISES ................................................................................................................................... 6

10.4 NEW HIRE COMPENSATION ............................................................................................................................. 6

10.5 PERFORMANCE BASED COMPENSATION INCREASES ...................................................................................... 6

10.6 NOTICE TO EMPLOYEE OF DENIAL.................................................................................................................. 7

11.0 DIFFERENTIALS AND PREMIUM PAY ................................................................................................... 7

11.1 BILINGUAL DIFFERENTIAL .............................................................................................................................. 7

11.2 WORK OUT OF CLASS PAY .............................................................................................................................. 7

11.3 EASTER SUNDAY PAY ....................................................................................................................................... 7

12.0 EDUCATION AND TRAINING REIMBURSEMENT .............................................................................. 7

13.0 PAID LEAVE BENEFITS ELIGIBILITY ................................................................................................... 8

14.0 VACATION ..................................................................................................................................................... 8

14.1 VACATION POLICY ........................................................................................................................................... 8

14.2 VACATION ALLOWANCE .................................................................................................................................. 8

14.3 VACATION ACCUMULATION ............................................................................................................................ 8

14.4 VACATION SCHEDULING .................................................................................................................................. 9

14.5 PERSONAL BUSINESS ........................................................................................................................................ 9 Docusign Envelope ID: 90E1448A-A9F2-8E5E-812B-D33A7D8A3336 ii SEIU Library Per Diem
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14.6 VACATION ALLOWANCE FOR TERMINATING WORKERS ................................................................................ 9

14.7 VACATION SELL-BACK .................................................................................................................................... 9

15.0 HOLIDAYS ..................................................................................................................................................... 9

15.1 HOLIDAY ELIGIBILITY ..................................................................................................................................... 9

15.2 HOLIDAY ACCRUAL ....................................................................................................................................... 10

15.3 HOLIDAY ACCUMULATION ............................................................................................................................ 10

16.0 SICK LEAVE ................................................................................................................................................ 10

16.1 PURPOSE ......................................................................................................................................................... 10

16.2 SICK LEAVE ACCRUAL ................................................................................................................................... 10

16.3 PROTECTED SICK LEAVE ............................................................................................................................... 10

16.4 SICK LEAVE SCHEDULING: HEALTH MAINTENANCE APPOINTMENTS ....................................................... 11

16.5 DOCTOR'S CERTIFICATION ............................................................................................................................ 11

17.0 HEALTH AND WELFARE ......................................................................................................................... 11

17.1 HEALTH BENEFIT AND CAFETERIA PLAN ..................................................................................................... 11

17.1.1 Initial Enrollment .......................................................................................................................... 11

17.1.2 Ongoing Eligibility ......................................................................................................................... 12

17.1.3 Voluntary Withdrawal from HealthWorx ................................................................................... 12

17.1.4 Cost ................................................................................................................................................. 12

17.1.5 Termination .................................................................................................................................... 12

17.1.6 Waiver of Health Insurance – Flexible Spending Plan ............................................................... 12

17.2 STATE DISABILITY INSURANCE...................................................................................................................... 13

17.3 REHABILITATION ........................................................................................................................................... 13

17.4 SAFETY COMMITTEE ...................................................................................................................................... 13

18.0 EMPLOYMENT LEAVE ............................................................................................................................ 13

18.1 BEREAVEMENT LEAVE ................................................................................................................................... 13

18.2 JURY LEAVE ................................................................................................................................................... 13

18.3 FAMILY CARE LEAVE FOR ELIGIBLE EMPLOYEES ....................................................................................... 13

19.0 EMPLOYMENT ADMINISTRATION ...................................................................................................... 14

19.1 SENIORITY ROSTER ........................................................................................................................................ 14

19.2 PERSONNEL FILES .......................................................................................................................................... 14

19.2.1 Maintenance of Records ................................................................................................................ 14

19.2.2 Release of Information .................................................................................................................. 14

19.2.3 Access and Contents. ..................................................................................................................... 14

19.3 PERFORMANCE EVALUATIONS ...................................................................................................................... 15

19.4 FLEX STAFFING .............................................................................................................................................. 15

19.5 EMPLOYMENT DEVELOPMENT ...................................................................................................................... 15

19.6 CONTINUOUS SERVICE DEFINED ................................................................................................................... 15

19.7 CREDIT FOR PREVIOUS EMPLOYMENT.......................................................................................................... 15

20.0 GRIEVANCE PROCEDURES .................................................................................................................... 16

20.1 PURPOSE ......................................................................................................................................................... 16

20.2 GRIEVANCE DEFINITIONS .............................................................................................................................. 16

20.3 INFORMAL DISCUSSION .................................................................................................................................. 17

20.4 FORMAL GRIEVANCE - STEP ONE ................................................................................................................. 17

20.5 FORMAL GRIEVANCE - STEP TWO ................................................................................................................. 17

20.6 ARBITRATION - STEP THREE. ........................................................................................................................ 18

20.7 TIME ............................................................................................................................................................... 18

20.8 GENERAL ........................................................................................................................................................ 18

20.9 EXCLUSIONS ................................................................................................................................................... 19

21.0 DISCIPLINARY PROCEDURE AND PERSONNEL BOARD PROCESS ............................................ 19 Docusign Envelope ID: 90E1448A-A9F2-8E5E-812B-D33A7D8A3336 iii SEIU Library Per Diem
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21.1 DISCIPLINARY ACTION DEFINITION .............................................................................................................. 19

21.2 WEINGARTEN RIGHTS.................................................................................................................................... 20

21.3 NOTICE OF PROPOSED DISCIPLINE ................................................................................................................ 20

21.4 NOTICE OF DISCIPLINARY ACTION ............................................................................................................... 20

21.5 APPEALS ......................................................................................................................................................... 21

21.5.1 Time for Appeal ............................................................................................................................. 21

21.5.2 Notice of Appeal-Contents ............................................................................................................ 21

21.5.3 Setting Hearing Date ..................................................................................................................... 21

21.5.4 Findings and Conclusions.............................................................................................................. 21

22.0 LAYOFF PROCESS FOR PER DIEM UNIT ............................................................................................ 21

22.1 LAYOFF DEFINED ........................................................................................................................................... 22

22.2 LAYOFF SENIORITY ........................................................................................................................................ 22

22.3 ORDER OF LAYOFF ......................................................................................................................................... 22

22.4 BUMPING RIGHTS UPON LAYOFF .................................................................................................................. 22

22.5 MUTUALLY AGREEABLE TRANSFERS UPON LAYOFF ................................................................................... 22

22.6 RATE OF PAY ON POSITION CHANGE UPON LAYOFF .................................................................................... 22

22.7 NOTIFICATION UPON LAYOFF ....................................................................................................................... 23

22.8 APPEAL RIGHT UPON LAYOFF ...................................................................................................................... 23

22.9 NOTICE TO WORKER: PLACEMENT ASSISTANCE UPON LAYOFF ................................................................ 23

23.0 RECALL PROCEDURE .............................................................................................................................. 23

24.0 MISCELLANEOUS PROVISIONS ............................................................................................................ 24

24.1 MILEAGE ALLOWANCE .................................................................................................................................. 24

24.2 LIBRARY SERVICE REWARD .......................................................................................................................... 24

24.3 JOINT LABOR MANAGEMENT COMMITTEE .................................................................................................. 24

24.4 DEFERRED COMPENSATION ........................................................................................................................... 24

25.0 NO STRIKE .................................................................................................................................................. 25

26.0 NO LOCKOUT ............................................................................................................................................. 25

27.0 CONFORMITY WITH THE LAW ............................................................................................................ 25

28.0 SEPARABILITY OF PROVISIONS .......................................................................................................... 25

29.0 TERMINATION OF AGREEMENT .......................................................................................................... 26 SIGNATURE PAGE .................................................................................. ERROR! BOOKMARK NOT DEFINED.

EXHIBIT A ................................................................................................. ERROR! BOOKMARK NOT DEFINED.

LIBRARY PER DIEM UNIT CLASSIFICATIONS .................................... ERROR! BOOKMARK NOT DEFINED.

EXHIBIT B ................................................................................................. ERROR! BOOKMARK NOT DEFINED.

BENEFIT SUMMARY SHEET ...................................................................... ERROR! BOOKMARK NOT DEFINED.

INDEX ......................................................................................................... ERROR! BOOKMARK NOT DEFINED.

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MEMORANDUM OF UNDERSTANDING

BETWEEN

CITY OF SAN MATEO
AND
SEIU LOCAL 521, LIBRARY PER DIEM UNIT
March 8, 2020 – March 4, 2023
This Memorandum of Understanding constitutes the result of meeting and conferring in good faith pursuant to the provisions of Chapter 10, Division 4, Title I, of the Government Code of the State of California.

Wages, hours, and conditions of employment set forth below have been agreed to by the signatories of this Memorandum for implementation to all workers represented by the Service Employees International Union, Local 521, CLC. This Memorandum of Understanding shall remain in full force and effect for the term of this Agreement.

Wages, hours and conditions of work shall be as follows:

1.0 RECOGNITION
The City has recognized the Union as the exclusive bargaining representative for all regularly scheduled and On-Call Per Diem workers within the bargaining unit in the classifications specifically listed in Exhibit A attached thereto and made a part hereof provided, however, that fixed-term workers up to six (6) months are excluded from this bargaining unit. For purposes of identification, this unit shall be entitled the SEIU Library Per Diem Unit.

New workers hired and assigned to classifications covered by the SEIU Unit shall be advised by the City that Local 521, Service Employees International Union, CLC is the recognized bargaining representative in said Unit. The City agrees to distribute to all new workers in the SEIU Unit a reasonable amount of materials provided by the Union.

Positions in classifications represented by SEIU Local 521 established under federal or state funded employment program may be included in the unit represented by SEIU Local 521.

Per Diem workers shall be limited to 1000 hours per fiscal year, or up to 1020 with Department Head approval.

2.0 NO DISCRIMINATION
The City and the Union agree that there shall be no discrimination of any kind because of race, religion, color, national origin, sex, political affiliation, disability, sexual orientation or union activity against any worker or applicant for employment; and to the extent Docusign Envelope ID: 90E1448A-A9F2-8E5E-812B-D33A7D8A3336 ii SEIU Library Per Diem
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prohibited by applicable state and federal law and there shall be no discrimination because of age.

3.0 AT-WILL EMPLOYMENT
Workers who have been employed by the City for less than the equivalent to two thousand (2,000) Per Diem hours of service shall be at-will workers and shall serve at the pleasure of the City.

4.0 UNION SECURITY

4.1 Payroll Deductions and Pay-over
The Union may request that the City make payroll deductions from certain employeeworkers by providing the City with a list of those employeeworkers from whom deductions should be made. When requesting a deduction, the Union shall certify that it has, and will maintain, an authorization to make the deduction, signed by the individual from whose salary or wages the deduction is to be made. The City shall rely on information provided by the Union regarding whether deductions for an employeeworker organization were properly canceled or changed, and the employeeworker organization shall indemnify the public agency for any claims made by the employeeworker for deductions made in reliance on that information. The City will deduct after receipt of the authorization form, the employeeworker’s dues, service fee deductions, or charitable contributions.

The employeeworker’s earnings must be sufficient, after other legal and required deductions are made, to cover the amount of the dues authorized.

When an employeeworker is in a non-pay status for an entire pay period, no withholding will be made to cover the pay period from future earnings. In the case of an employeeworker who is in a non-pay status during only part of the pay period and the salary is not sufficient to cover the full withholding, no deduction shall be made.

4.2 Job Announcements
Job announcements for positions covered by this Agreement will incorporate the requirements of this Article as a condition of employment.

4.3 Enforcement
Nothing herein shall require the City to take disciplinary action against any employeeworker who fails to comply with the provisions of this Article.

4.4 Third Party Notification
The City shall immediately notify the Union of any third-party request for contact information about the bargaining unit employeeworkers. The City shall promptly provide the Union with a copy of the request.

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5.0 UNION RIGHTS

5.1 Employee Reports
Pursuant to Government Code section 3558, the City of San Mateo shall provide SEIU Local 521 with the following information regarding all employeeworkers in the bargaining unit:

1. Name

2. Job title

3. Department

4. Department Description

5. Work phone number

6. Home phone number

7. Personal cell phone number

8. Home address

9. Employee Status (i.e. Active or on Leave)

10. Paid Lifetime Hours
For new employeeworkers, including rehires, the City shall provide this information to the Union within thirty (30) days of hire, or by the first pay period of the month following hire.

The City shall provide the same information to the Union for all existing employeeworkers every 120 days.

Reports shall be electronic and malleable.

5.1.1 Library Per Diem Orientation
Each employeeworker covered by this agreement who is hired subsequent to the execution of the agreement shall be granted a thirty (30) minute union orientation meeting with a union representative and/or steward to be held during the Library Per Diem orientation at a designated time, provided that a union representative and/or union steward is available at the time of the scheduled orientation. The orientation shall not be delayed in order to ensure that a union representative and/or steward is available. The union representative shall be notified at least ten (10) days in advance of and allowed access to the premises on the day of the Library Per Diem orientation.

The City representatives shall be absent from the room during any sessions, meetings or trainings conducted by the Union with newly hired employeeworkers. The City shall not discourage an employeeworker’s participation in the Union’s portion of the onboarding process.

5.2 Bulletin Boards
The City shall provide Union bulletin boards at the present work locations for the posting of official Union bulletins and notices. The Union may distribute a reasonable amount of information to City workers through intra- and inter-departmental mail without interference or censorship.

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5.3 Access to Work Locations
Staff representatives of the Union as designated pursuant to 7.1 are authorized to visit work locations for the purpose of ascertaining whether or not this Agreement is being observed.

This right shall be exercised reasonably. Staff representatives of the Union shall notify management before proceeding to or at the work location of their visit and shall not disrupt the normal conduct of work. Such activities as collection of dues, holding membership meetings, and conducting elections are prohibited during working hours without the prior approval of the Human Resources Director or an authorized representative.

5.4 Access to Facilities
City buildings and other facilities shall be made available for use by the Union or their representatives in accordance with City administrative procedures governing such use.

5.5 Worker Orientation
The City will notify the Union of Human Resources Department worker orientation programs in which Union represented workers are scheduled to be present. Reasonable time will be provided for a representative of the Union to be present at such orientation.

6.0 UNION NOTICE
The Union shall be notified in advance in writing of any ordinance, rule, resolution, or regulation within the scope of representation not covered by this Agreement which is proposed to be adopted or implemented by the City Council, any board or commission, or any department of the City, and the Union shall be given the opportunity to meet and confer or meet and consult prior to any enactment or implementation.

The Union shall be notified in advance of any contemplated changes in classification description and such changes shall be subject to the meet and confer or meet and consult process during the term of this Agreement.

In cases of emergency where the City Council determines that an action must be enacted immediately, without prior notice or meeting with the Union, the City shall provide the Union such notice and the opportunity to meet and confer or meet and consult at the earliest practical time.

7.0 STEWARDS AND REPRESENTATIVES

7.1 Stewards
The Union agrees to notify the Human Resources Director of those individuals designated as Union officers and stewards who represent workers before the City. Alternates may be designated to perform steward functions during the absences or unavailability of the steward.

Upon request, stewards shall be relieved from their assigned work duties by their supervisor when it does not conflict with work assignments to attend meetings arranged Docusign Envelope ID: 90E1448A-A9F2-8E5E-812B-D33A7D8A3336 v SEIU Library Per Diem
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with management, to attend new worker orientation and to be trained by observing other steward’s processing of a grievance and to act on matters within the scope of this contract.

7.2 Official Representatives
A maximum of three (3) Union representatives shall be allowed concurrent time off without loss of compensation to meet and confer or meet and consult with City officials on matters within the scope of representation. Additional representatives may be approved by the City for attendance at such meetings without loss of compensation where warranted. The Union shall submit the names of all such workers' representatives to the Human Resources Director at least two (2) working days prior to such meetings and the representatives shall advise their supervisor reasonably in advance prior to leaving their work assignments to attend such meetings. Every effort must be made to schedule away time to minimize the impact on the operations of the Library.

8.0 CITY RIGHTS
The rights of the City not within the scope of the Union's representation include, but are not limited to, the exclusive right to determine the mission of its constituent departments, commissions and boards; set standards of service; determine the procedures and standards of selection for employment and promotion; direct its workers; take disciplinary action; relieve its workers from duty because of lack of work or for other legitimate reasons; maintain the efficiency of governmental operations; determine the methods, means and personnel by which government operations are to be conducted; determine the content of job classifications; take all necessary actions to carry out its mission in emergencies; and exercise complete control and discretion over its organization and the technology of performing its work.

9.0 WORKER RIGHTS
Nothing contained in this Memorandum of Understanding shall prohibit the Unit or those who represent the Unit from meeting and conferring on matters within the scope of representation as provided by State Law.

10.0 SALARY ADJUSTMENT
Successful employeeworker performance is a key factor in determining compensation.

EmployeeWorkers with an overall performance rating of satisfactory or better will receive increases in base salary.

10.1 Compensation Increases During the Term of this Agreement The Unit will receive the following across the board increases during the term of this agreement:

Effective July 9, 2023 employeeworkers will receive a four percent (4.0%) across the board increase. The effective date of this increase is in recognition of the pause in the negotiation process due to the City’s change of City Manager. The union acknowledges this is an Docusign Envelope ID: 90E1448A-A9F2-8E5E-812B-D33A7D8A3336 vi SEIU Library Per Diem
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extraordinary circumstance and not a departure from the City’s long-standing practice of adopting MOUs with salary effective dates the pay period following adoption or later.

To aid in recruitment and retention, the Librarian I/II series shall receive an additional two percent (2.0%) increase effective July 9, 2023.

Effective June 23, 2024, employeeworkers will receive a three percent (3.0%) across the board increase.

Effective June 22, 2025, employeeworkers will receive a three percent (3.0%) across the board increase.

10.2 Market Placement and Compensation Survey
The City agrees to provide survey data prior to the commencement of negotiations for a successor Memorandum. Data to be provided shall include: top step salary as is surveyed for Library Merit classifications as well as benefits such as health and dental benefits and paid leaves that are provided to Per Diem library employeeworkers in comparable jurisdictions.

The City seeks to set top-step base salaries equal to the median of comparable cities with populations from 50,000 to 150,000 in San Mateo, Santa Clara and Alameda counties. The comparable cities will be surveyed and the data will be used to provide a competitive package. The data will be compiled no later than two (2) months prior to the expiration of this Memorandum of Understanding. The market median for benchmark classifications is determined by a survey of comparable benchmark classifications using those cities used to set compensation adjustments for the Unit.

Base salary adjustments are subject to negotiations for a successor Memorandum of Understanding.

10.3 Mid-Term Pay Raises
When the City has the financial ability, mid-term pay raises of up to two and one-half percent (2½%) may be granted to the bargaining unit. In the event the Council approves mid-term pay raises, they will consider, among other factors, the employment market, recruitment and retention history, as well as the City’s financial health.

10.4 New Hire Compensation
This Section is not intended to exclude newly hired/promoted/appointed workers who have not received an annual performance evaluation. As outlined below, these individuals will receive a salary increase if they have an overall effective or better performance evaluation on their most recent evaluation, received no disciplinary action, and/or the worker is not currently on a Performance Improvement Plan (PIP).

10.5 Performance Based Compensation Increases
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If one or more of the following has occurred within the twelve (12) months preceding the scheduled base salary increase, the Department Head will determine the amount of increase, if any:
 The employeeworker has received an overall performance rating of less than satisfactory and a meeting has occurred prior to the performance rating that informed the employeeworker of the performance difficulties.
 The employeeworker has been placed on a performance improvement plan.  The employeeworker has received a disciplinary action, as defined in the Memorandum of Understanding.

10.6 Notice to Employee of Denial
At any such time the employeeworker is denied a compensation increase based on one or more of the above criteria (section 10.5), the employeeworker will be notified in writing of the improvements/performance required, the timeframe for the needed improvements and the expected date to have the compensation increase implemented in part or in whole. This section does not prohibit the employeeworker from receiving the increase earlier should the employeeworker's improved performance warrant it. An employeeworker placed on a PIP shall receive the missed compensation increase upon the successful completion of the PIP.

11.0 DIFFERENTIALS and PREMIUM PAY

11.1 Bilingual Differential
Based upon the City's need, the bilingual proficiency of the worker and recommendation of the Department Head, the Human Resources Director may approve bilingual premium pay to a worker. Said premium pay shall be pro-rated equivalent to the full-time payment of Ninety Dollars ($90.00) biweekly. In addition to English speaking skills, an individual must possess either Chinese, Japanese, Spanish speaking or other language skill as deemed appropriate by the Department Head.

In order to ensure that workers retain bilingual proficiency, periodic requalification shall be required and shall be administered by the Human Resources Department.

11.2 Work Out of Class Pay
If a worker performs a significant portion but not all of the duties of a higher paid classification, the worker may, upon Department Head approval, qualify for a higher pay rate to be determined by duties assigned for this work out of class.

11.3 Easter Sunday Pay
Although Easter is not an observed holiday, employeeworkers who work on Easter Sunday shall be compensated at time-and-one-half. Easter Sunday is part of the Sunday rotation schedule and employeeworkers sign-up in seniority order; the sign-up process will be initiated at least six weeks in advance.

12.0 EDUCATION and TRAINING REIMBURSEMENT
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Workers shall be entitled to reimbursement for tuition, books and fees for educational courses relating directly to existing job duties or reasonable promotional opportunities.

Approval of the course and any release time shall be obtained in advance from the Department Head. Professional and technical workers attending approved meetings, workshops or conventions of their professional or technical organizations shall be reimbursed for reasonable expenses, including travel, and the City shall pay the dues for those organizations in which membership is required.

13.0 PAID LEAVE BENEFITS ELIGIBILITY
Workers in the Library Per Diem Unit who have worked a minimum of 2,000 hours as a Per Diem worker shall be entitled to vacation, holiday and sick leave benefits. Effective August 9, 2009, employeeworkers who have reached 2,000 hours will also be required to be in paid status for thirty (30) hours per pay period to continue to be eligible for continued paid leave accruals.

On August 9, 2009, any worker who is no longer eligible to receive vacation, holiday and sick leave benefits based on the above will no longer accrue future leave benefits. Workers may continue to use accrued balances until they are depleted.

In the event the worker terminates City employment, remaining vacation and holiday accruals shall be paid to the employeeworker or to the employeeworker’s estate.

EmployeeWorkers may use accrued paid sick leave for personal illness or injury but it is not payable upon termination of employment.

14.0 VACATION

14.1 Vacation Policy
Vacation time is granted by the City to allow workers relaxation and rest from their duties.

It shall be the policy of the City not to allow the excess accumulation of vacation leave.

Time off shall be taken at the discretion of the Department Head, with due regard for the desires of the Per Diem worker and the workload of the department.

14.2 Vacation Allowance
Workers shall be granted vacation leave after rendering a minimum of two thousand (2,000) hours as a Per Diem worker. After a minimum of two thousand (2,000) Per Diem hours, a worker shall be granted vacation leave at the beginning of each biweekly pay period, the rate being .0384 hours of vacation for each hour of non-overtime work. Credit shall not be received for time off without pay. Effective August 9, 2009, employeeworkers who have reached 2,000 hours will also be required to be in paid status for thirty (30) hours per pay period to continue to be eligible for vacation accruals.

14.3 Vacation Accumulation
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Vacation shall not accrue to more than two (2X) times a worker's annual allowance as of the first of any pay period.

A worker may only use accrued vacation leave. No vacation leave may be granted in advance of its accrual.

14.4 Vacation Scheduling
The time at which a worker shall be granted vacation is at the discretion of the Department Head. Scheduling and workload needs, as determined by the department, shall govern where more than one (1) worker requests the same vacation period. In the event of a tie, the worker with the greatest number of hours of employment shall prevail.

14.5 Personal Business
A worker may request up to seven and one-half hours (7.5) of accrued vacation/holiday leave per calendar year as “Personal Business,” and the nature need not be disclosed. The worker’s request will be granted at the discretion of the Department Head with due regard to the desires of the worker and the workload of the department.

14.6 Vacation Allowance for Terminating Workers
Workers with two thousand (2,000) Per Diem hours or more of service who separate from the City shall be paid the straight-time hourly equivalent in a lump sum for all accrued vacation leave.

Workers separating from the City shall not be allowed to remain on the payroll after their last day at work. Severance payment shall be provided in a lump sum for all leave accrual eligible for payout on the payday following receipt of the worker's final paycheck.

14.7 Vacation Sell-Back
A worker may elect to sell back to the City up to forty (40) hours in a calendar year of accumulated vacation at the worker's base rate of pay. Payments are made in whole hour increments.

Requests must be received by Payroll no later than December 31st for the following year elections. No employeeworker can sell back more than their current annual vacation accrual in the calendar year. Elected hours not requested for distribution (sell back) by December 1st will be automatically distributed in the next pay period (sell back cannot be more than the hours available at time of distribution).

Employees Workers joining the bargaining unit with leave balances in excess of the maximum accumulation of leave hours will automatically sell back the number of hours required to meet the maximum accumulation allowed.

15.0 HOLIDAYS

15.1 Holiday Eligibility
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Workers who have worked a minimum of two thousand (2,000) hours as a per diem worker shall be eligible for paid holiday leave. Effective August 9, 2009, employees workers who have reached 2,000 hours will also be required to be in paid status for thirty (30) hours per pay period to continue to be eligible for holiday accruals.

15.2 Holiday Accrual
Workers with a minimum of two thousand (2,000) Per Diem hours shall receive thirteen and one-half (13 ½) holidays per year by the granting of holiday credit at the beginning of each biweekly pay period. Holiday credit shall begin accruing as of the first of the pay period following two thousand (2,000) Per Diem hours of service.

After a minimum of two thousand (2,000) Per Diem hours, a worker shall accrue holiday leave at the beginning of each biweekly pay period, the rate being .0519 hours of holiday leave for each hour of non-overtime work.

Holiday leave shall not accrue during periods when a worker is on leave without pay.

15.3 Holiday Accumulation
The maximum holiday accumulation shall be forty (40) hours as of any pay period.

Holiday credit shall not be granted once the maximum accumulation has occurred.

16.0 SICK LEAVE

16.1 Purpose
Sick leave is a privilege which the worker can exercise in the event of bona fide illness or disability.

16.2 Sick Leave Accrual
After thirty (30) days of work, per diem workers shall accrue sick leave at the rate of .03333 hours of sick leave for each hour of work. Credit is not received for time off without pay.

After their 90th calendar day of employment, such workers shall be permitted to use up to twenty-four (24) hours of sick leave per fiscal year if employed prior to July 1, 2015, otherwise, 24 hours of sick leave per year of employment, in a minimum increment of at least one (1) hour. The maximum sick leave accrual permitted as of any pay period shall be forty-eight (48) hours. Sick leave credit shall not be made once the maximum accumulation has occurred.

Per diem workers who have worked a minimum of two thousand (2,000) hours as a per diem worker shall accrue sick leave at the rate of .04625 hours of sick leave for each hour of work. Credit is not received for time off without pay. The maximum sick leave accrual permitted as of any pay period shall be ninety-six (96) hours. Sick leave credit shall not be made once the maximum accumulation has occurred.

16.3 Protected Sick Leave
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Protected sick leave may be taken and if taken, shall be charged to sick leave or, with the concurrence of the Department Head, to vacation, holiday, or Compensatory Time Off (CTO) leave for the following reasons:
 The diagnosis, care or treatment of an existing health condition of, or preventative care for an employeeworker.
 The diagnosis, care or treatment of an existing health condition of, or preventative care for an employeeworker’s family member, as defined in California Labor Code section 245.5(c).
 An employeeworker who is a victim of domestic violence, sexual assault, or stalking.

Not more than six (6) days of such protected sick leave shall be granted in any one (1) calendar year. However, if extenuating circumstances exist, at the discretion of the department head, a reasonable extension of the six (6) day limit may be granted. Any additional leave so granted shall be charged against the worker's sick leave accumulation.

16.4 Sick Leave Scheduling: Health Maintenance Appointments In recognition of the worker’s reduced work schedules, it is anticipated that health maintenance appointments can and shall be made during non-working hours. When health maintenance appointments cannot be scheduled to minimize interruption to public service and department staffing, reasonable time off may be granted by the Department Head at their discretion.

As an option to using sick leave, a worker may be permitted to use vacation leave, accrued holiday or compensatory time leave.

16.5 Doctor's Certification
A Department Head is responsible for determining that only bona fide personal or family sick leave is taken, consistent with standards established by the Director of Human Resources. A doctor's certification shall be required in all cases where the period of absence exceeds five (5) working days. The submission of the doctor's certification may be required in other individual cases, regardless of the length of absence, where, in the opinion of the department head, evidence exists that sick leave has been misused and a prior warning has been given to the worker regarding the abuse of sick leave.

17.0 HEALTH AND WELFARE

17.1 Health Benefit and Cafeteria Plan
The HealthWorx Health Insurance Plan is a health benefit for Per Diem Library workers who are not PERS retired annuitants and meet certain eligibility criteria, as outlined below.

Coverage is for the Per Diem Library worker only, and does not cover spouses or other dependents. Per Diem Library workers who have other health coverage are not eligible.

Per Diem Library workers who are eligible for and enroll in HealthWorx and who subsequently lose HealthWorx coverage for any reason will be offered COBRA.

17.1.1 Initial Enrollment
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EmployeeWorkers who are not currently eligible for the HealthWorx Health Benefits Plan and are regularly scheduled to work fifteen (15) hours per week shall become eligible for HealthWorx Plan coverage after being so scheduled for fifty-two (52) weeks. Coverage begins the month following receipt of completed paperwork from the employeeworker.

They are eligible until:
 their library per diem employment ends (benefits terminate at the end of the following month) or
 they go into on-call status (benefits terminate at the end of the following month).

17.1.2 Ongoing Eligibility
EmployeeWorkers who are currently eligible for the HealthWorx Health Benefits Plan and are regularly scheduled to work fifteen (15) or more hours per week are eligible until:
 their lLibrary pPer Ddiem employment ends (benefits terminate at the end of the following month) or
 they go into on-call status (benefits terminate at the end of the following month).

17.1.3 Voluntary Withdrawal from HealthWorx
If the Library Per Diem worker chooses to drop coverage and has had a qualifying change in family status, s/he can enroll in Flexible Spending Plan option (pursuant to 17.2.5) if otherwise eligible. Coverage will begin the first of the following month after eligibility is established. The Library Per Diem worker can revert to the HealthWorx option if otherwise eligible, and coverage will begin the first of the following calendar year.

17.1.4 Cost
Effective January 1, 2020, the premium is $417.95/month. Starting September 1, 2018, the City shall contribute $250.00 per month toward the premium, and the enrollee pays the remaining portion of the premium. Starting May 1, 2020, the City shall contribute $350.00 per month toward the premium, and the enrollee pays the remaining portion of the premium. Starting July 1, 2023, the City shall contribute $390.00 per month toward the premium, and the enrollee pays the remaining portion of the premium. If an employeeworker’s paycheck is not sufficient to cover their share of the premium in a pay period, the amount of arrears will be collected in the next paycheck. If the premium increases to $500.00/month or more during the term of the MOU, the City shall send a meet and confer notice to the Union.

17.1.5 Termination
In the event the San Mateo Community Health Authority terminates HealthWorx Plan coverage, the parties will attempt to identify an acceptable alternative Health Benefits Plan.

17.1.6 Waiver of Health Insurance – Flexible Spending Plan Any Library Per Diem worker who waives medical coverage but continues to meet the ongoing eligibility requirements for medical coverage will be entitled to participate in the City's flexible benefits/cafeteria plan. Effective January 1, 2009, the City will contribute fifty dollars ($50) per month for a total yearly benefit of six hundred dollars ($600) per year for the use of reimbursable medical costs. Effective January 1, 2014, the City will Docusign Envelope ID: 90E1448A-A9F2-8E5E-812B-D33A7D8A3336 xiii SEIU Library Per Diem
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contribute nineteen dollars and twenty-three cents ($19.23) per pay period for a total yearly benefit of five hundred dollars ($500.00) per year for the use of reimbursable medical costs.

The City will contribute up to oOne Ddollar and twenty-five cents ($1.25) per month per worker toward the administration of this program.

17.2 State Disability Insurance
Workers in the Library Per Diem Unit are covered by State Disability Insurance.

17.3 Rehabilitation
In the event a worker becomes permanently disabled as the result of a work-related injury, the Human Resources Department, the Union and the worker will meet to discuss the worker’s rights and entitlements as well as the options available for rehabilitation and retraining.

17.4 Safety Committee
The City is responsible for providing a safe and healthful place of employment and shall comply with all applicable federal and state laws. The Library has established a safety committee and the SEIU Local 521 Library Per Diem Unit shall be entitled to a seat on that safety committee.

18.0 EMPLOYMENT LEAVE

18.1 Bereavement Leave
In the event of a death in the immediate family, workers may take accrued sick leave of up to three (3) days, or up to five (5) at the discretion of the employeeworker’s Department Head, in the event of a death of an immediate member of their family. Bereavement Leave shall be tracked separately from Family Sick Leave.

In this context only, immediate family shall be defined as: spouse, domestic partner, child, foster child who resided with the employeeworker at the time of their death, stepchild, mother, father, stepmother, stepfather, mother-in-law, father-in-law, brother, stepbrother, sister, stepsister, brother-in-law, sister-in-law, grandmother, grandfather, spouse’s grandmother, spouse’s grandfather, son-in-law, daughter-in-law or grandchildren.

18.2 Jury Leave
Any Library Per Diem worker who has worked two thousand (2,000) or more Per Diem hours will be entitled to leave if called to serve on a jury. Such workers shall be allowed time away from work with pay while serving on a jury. In the event a worker is called for jury service and is released early by the Court, the worker shall return to work and fulfill any remaining portion of the scheduled work shift.

18.3 Family Care Leave for Eligible Employees
In accordance with the Federal Family and Medical Leave Act, and the California Family Rights Act, the City will grant job protected unpaid family and medical leave to eligible workers for up to twelve (12) weeks in accordance with the law. An eligible Docusign Envelope ID: 90E1448A-A9F2-8E5E-812B-D33A7D8A3336 xiv SEIU Library Per Diem
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employeeworker is one that has worked twelve hundred and fifty hours in the twelve months preceding application for such leave.

In general, Family Medical Leave is available to workers for: the birth, adoption or placement a foster child; care for an immediate family member of the worker if such immediate family member has a serious health condition; or the worker’s own serious health condition that makes the worker unable to perform the functions of their position.

The City will adhere to applicable Federal and State laws regarding Family and Medical Leave. For specific conditions governing Family Medical Leave please refer to the City Policy.

19.0 EMPLOYMENT ADMINISTRATION

19.1 Seniority Roster
The Library shall maintain a seniority roster indicating hire date seniority for each worker represented by the Union. Said seniority roster shall be available to the Union upon request.

19.2 Personnel Files

19.2.1 Maintenance of Records
Records of all personnel disciplinary actions shall be kept in the central personnel file.

Workers shall be entitled to sign and date all action forms in their personnel files. No adverse material will be placed into a file without the worker’s knowledge. Workers are entitled to review their personnel file upon written request or to authorize, in writing, review by their Union representatives. A worker or the Union shall be allowed, upon reasonable request, copies of materials in a worker’s personnel file. Twenty-four (24) months after placement in the personnel file, records of disciplinary actions and/or letters of reprimand may be removed from a personnel file upon request of the worker and approval of the City or in the normal process of file review.

19.2.2 Release of Information
Unless required by court process, the City will only release information to creditors or other persons outside of City government only upon proper identification of the inquirer and acceptable reasons for the inquiry. Information then given is limited to verification of employment, length of employment, and verification of salary information if the person inquiring first states the correct salary to the City. Release of more specific information may be authorized by the worker. This section shall not apply to a duly served and executed subpoena.

19.2.3 Access and Contents.

A worker (or their representative, on the presentation of written authorization from the worker) shall have access to the worker's personnel file on request for a reasonable amount of time at a reasonable time and place. Release of more specific information may only be authorized by the worker in writing, signed by the employeeworker. The worker may be Docusign Envelope ID: 90E1448A-A9F2-8E5E-812B-D33A7D8A3336 xv SEIU Library Per Diem
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required to acknowledge the receipt of any document entered into their personnel file without prejudice to subsequent arguments concerning the contents of such documents.

19.3 Performance Evaluations
Performance evaluations will be given to workers who are regularly scheduled to work thirty (30) hours or more per pay period. The evaluations will be given annually as scheduled by management. Performance evaluations are not subject to appeal. In the absence of an annual performance evaluation, the employeeworker’s performance is presumed to be satisfactory unless overcome by contrary evidence.

In the event of disagreement over content, the worker may request a review meeting on the evaluation with the Department Head. For purposes of this review, the worker may be represented by the Union. Decisions resulting from the review meeting shall be made in writing within ten (10) working days following the review meeting.

19.4 Flex Staffing
Workers hired into classifications of Per Diem Librarian I/II whose positions are budgeted at the II level will be in flexibly-staffed positions. Advancement to the II level requires that the worker gain the experience and knowledge and fulfill any special requirements for the II level. The worker could reasonably expect to progress to the II level based on the judgment of the supervisor and with the concurrence of the Department Head.

19.5 Employment Development
Upon request of an existing employeeworker applying for a promotional merit position who was not appointed, a meeting will be scheduled with the appropriate manager to discuss their qualifications for the position.

19.6 Continuous Service Defined
Continuous service shall mean service in any Per Diem classification since original hire with the City.

For those workers who have exceeded two thousand (2,000) hours, a break of two (2) or more consecutive years in employment shall constitute an interruption in service and would require that Per Diem hours be accrued as if the worker were an initial hire.

For those workers that have less than two thousand (2,000) hours, a non-City initiated break in service of more than six (6) consecutive pay periods shall constitute an interruption in service and would require that Per Diem hours be accrued as if the worker were an initial hire. Those workers who are off for more than six (6) pay periods for reasons totally beyond their control may appeal for an extension of additional pay periods to the City's Human Resources Director. The decision of the Human Resources Director shall be final.

19.7 Credit for Previous Employment
As provided by the Personnel Rules, which may be changed at that Board’s discretion, in the case of all open competitive examinations, persons who become eligible for certification from eligible lists by attaining the passing mark established for the Docusign Envelope ID: 90E1448A-A9F2-8E5E-812B-D33A7D8A3336 xvi SEIU Library Per Diem
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examination, shall be allowed an additional credit of five (5) points, which shall be added to the score attained in such examination, and they shall be placed on eligible lists and be eligible for appointment in the order and on the basis of the percentage attained by them in examinations after such credit of five (5) points shall have been added, when such applicants:
 Are currently employed as a full- or part-time employeeworker by the City or have been so employed by the City within the year, prior to the closing date for receipt of applications, and
 A major part of the work performed for the City is or has been directly related to that performed by the classification being applied for, and
 The applicant has a minimum equivalent of one-year full time service with the City (1600 hours for hourly paid employeeworkers), and
 If training is required, the applicant secures a satisfactory or better performance rating from their supervisor

20.0 GRIEVANCE PROCEDURES

20.1 Purpose
A. This grievance procedure shall be used to process and resolve grievances arising under this Memorandum of Understanding 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.

20.2 Grievance Definitions
A. Grievance
A grievance is a good faith complaint of one (1) or a group of employeeworkers or a dispute between the City and the Union involving the interpretation, application, or enforcement of the express terms of this Memorandum of Understanding.

B. Supervisor
As used in this procedure, the term "supervisor" means the individual who assigns, reviews, and directs the work of an employeeworker.

C. Party
As used in this procedure, the term "party" means an employeeworker, the Union, the City or their authorized representatives.

D. Working Day
A working day or work day is defined as a day on which City Hall is open for business.

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The employeeworker retains all rights conferred by Sections 3500 et. seq., of the Government Code or Personnel Rules and Regulations of the City unless waived by such employeeworker.

20.3 Informal Discussion
Not later than fifteen (15) working days after the date of the event giving rise to the grievance or the date the employeeworker should reasonably have learned of the event giving rise to the grievance, whichever is later, the employeeworker must discuss the grievance with their immediate management supervisor. The supervisor shall respond, either orally or in writing, to the employeeworker not later than ten (10) working days thereafter.

20.4 Formal Grievance - Step One
If after discussion with the immediate management supervisor, the grievant does not feel the grievance has been properly adjusted, the grievance may be reduced to writing, on the prescribed form. The form must be presented to the Department Head (or designee) and the Director of Human Resources within fifteen (15) working days. The grievance statement shall include the following:

A. A statement of the grievance clearly indicating the question raised by the grievance and the article(s) and section(s) of this Memorandum of Understanding.

B. The remedy or correction requested of the City.

C. The grievance form shall be signed by the grieving employeeworker or Union representative, the date and time of presentation affixed thereto, and signed as received by the Department Head or designee.

D. The Department Head or their designee shall give their answer to the grievance in writing within fifteen (15) working days from the time the worker receives the grievance in writing. This first step answer 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.

20.5 Formal Grievance - Step Two
If the grievance is not resolved at Step One, the aggrieved employeeworker or Union may appeal to the City Manager or their designee. Appeals to the City Manager shall be made in writing and directed to the Human Resources Director within ten (10) working days of receipt of the Department Head’s response. The Human Resources Director shall convene a meeting with the City Manager or designee and the employeeworker and/or Union within ten (10) working days of receipt of the appeal.

The City Manager or designee shall render their findings and decision (if any) to the parties within ten (10) working days of its meeting.

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20.6 Arbitration - Step Three.

If the grievant is not satisfied with the decision rendered pursuant to Step Two, the Union may appeal the grievance to arbitration. The request for arbitration must be given in writing to the Human Resources Director by the Union within ten (10) working days from the date of the Second Step answer.

A. An arbitrator may be selected by mutual agreement between the Union representative and the City's representative.

B. Should the representatives fail to mutually agree on an arbitrator they shall make a joint request to the State of California Conciliation and Mediation Service for a list of seven (7) qualified arbitrators residing within the State of California. The parties shall each strike three (3) 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.
(1) It is understood that the arbitrator will only interpret this Memorandum and will in no instance add to, delete from, or amend any part thereof. The arbitrator's decision shall be final and binding on the City, the Union and the worker.
(2) All fees of the arbitrator and the court reporter, if any, will be borne equally by the Union and the City.
(3) The parties may agree to waive submission of briefs and the use of a court reporter.

20.7 Time
The time limitations set forth in the Article are of the essence. The term “working day(s)” shall mean days on which City Hall is open for business. No grievance shall be accepted unless it is timely filed and no appeal may be considered unless it is timely taken.

For purposes of this Article, the time limitations applicable to the employeeworker shall be the same time limitations regulating the Union and the information attributable to the individual employeeworker shall be attributable to the Union. If the grievance is not timely filed, it shall be deemed waived. If an appeal is not timely taken, the grievance shall be deemed to be settled in accordance with the City’s decision at the step prior to the untimely appeal.

If the City fails to answer the grievance within the prescribed time limits, the grievance shall automatically proceed to the next step (either the City Manager or Arbitration as appropriate); provided, however, that in no event shall the grievance be deemed to be upheld by the City’s failure to act timely.

20.8 General
A. Either party to this Memorandum shall, upon receipt of a written grievance, have the right reject such grievance if the aggrieved party has not followed the steps outlined in this Article for processing a grievance.

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B. A Union representative shall have the authority to settle grievances for the Union or employeeworkers at the respective steps of the grievances procedure.

C. Time limits set forth within this Article may be extended upon mutual agreement of the affected parties where the agreement is made before the expiration of the timeline.

D. EmployeeWorkers may be represented by a Union representative at all levels of the grievance process. Copies of all written grievance documentation will be provided to the Union and the representing steward.

E. The parties may mutually agree to use the services of a mediator through the State Mediation and Conciliation Service at Step 1 or Step 2 of this procedure. In the event that Mediation does not result in a settlement of the Grievance, the aggrieved party may appeal the grievance to the next level of the Grievance Procedure. The appeal to the next step must be given in writing to the Human Resources Director by the Union within ten (10) working days from the date of the Mediation.

20.9 Exclusions
The following matters are specifically excluded from consideration under the grievance procedure:

A. Determination and application of the procedures, qualifications, and standards of employment;
B. Budget and capital expenditures;
C. Items subject to meet and confer;
D. Performance evaluations;
E. Letters of Reprimand (are limited to appeal to Second Step – City Manager or designee. The decision of the City Manager/designee is final.) and F. Items that are expressly designated in this MOU as not subject to grievance.

21.0 DISCIPLINARY PROCEDURE AND PERSONNEL BOARD PROCESS

21.1 Disciplinary Action Definition
The term "disciplinary action" shall include the following actions which may be taken by a Department Head (or designee, not below a Division Manager, where the department head’s absence is extensive and action is required).
 Suspension without pay up to thirty (30) calendar days;  In-grade salary reduction;
 Demotion; or
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 Dismissal.

A Reduction in hours or a change in schedule, scheduling for work load reasons, or a change in work assignment shall not be considered as discipline. No action to lay off a worker shall be considered as discipline. Letters of reprimand and performance evaluations shall not be considered as discipline. In this section, as throughout this contract, “working days” is defined as days on which City Hall is open for business.

21.2 Weingarten Rights
(Right to have Union Representation in an Investigatory Meeting) A worker shall be entitled to a representative of their choice, so long as that representative is available within a reasonable time, at an investigative interview or meeting that the worker reasonably believes may result in discipline.

21.3 Notice of Proposed Discipline
Whenever a disciplinary action is proposed to be taken against a worker, the worker shall be notified in writing of the proposed disciplinary action taken within at least five (5) working days in advance of the pre-disciplinary (“Skelly”) hearing.

Such written notification shall include:
 A statement of the proposed disciplinary action to be taken against the worker;  A statement of the facts upon which the proposed disciplinary action is based which shall set forth clearly and with such particularity the charges against the worker so that the worker can understand said charges;
 A statement must indicate the cause for the proposed disciplinary action pursuant to the Personnel Rules or other relevant City policies;
 A statement should describe any actions taken against the worker that relates to the current proposed disciplinary action; and
 A statement advising the worker that the written notice is to be placed in their official personnel file and that said worker has a right to Union representation.

The written notice of proposed disciplinary action shall be considered to be sufficient notice to the worker if the above information is contained therein. The written notice of proposed disciplinary action must be presented to the employeeworker, either by personal service, email or sent via regular and certified mail (return receipt requested) to the last address that worker has furnished to the appointing authority.

21.4 Notice of Disciplinary Action
Whenever a disciplinary action is taken against a worker, the worker shall be notified in writing of the action taken.

Such written notification shall include:
 Statement of the disciplinary action taken against the worker;  A statement of the facts upon which the disciplinary action is based which shall set forth clearly and with such particularity the charges against the worker so that the worker can understand said charges;
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 A statement must indicate the cause for the disciplinary action pursuant to the Personnel Rules or other relevant City policies;
 A statement which generally describes any actions taken against the worker during the last five (5) years and which relates to the current disciplinary action;  A statement advising the worker that the written notice is to be placed in their official personnel file and that said worker has a right to appeal to the Personnel Board.

The written notice of disciplinary action shall be considered to be sufficient notice to the worker if the above information is contained. The written notice of disciplinary action must be presented to the employeeworker, either by personal service, email or sent via regular and certified mail (return receipt requested) to the last address that the worker has furnished to the appointing authority.

21.5 Appeals

21.5.1 Time for Appeal
Any worker against whom disciplinary action is taken shall have the right to appeal from such disciplinary action; provided, however, that the worker must deliver a written notice of appeal to the Human Resources Department within ten (10) working days of the date that the written notice of disciplinary action was served upon the worker. In the event the worker fails to deliver a notice of appeal to the Human Resources Department within said ten (10) working day period, the disciplinary action shall become final, and the worker shall have no further right to appeal.

21.5.2 Notice of Appeal-Contents
The written notice of appeal filed with the Human Resources Department shall not be required to be in any particular format; however, it shall contain at least the following information:
 The name and address of the worker;
 The date of the disciplinary action and a statement to the effect that the worker appeals from the disciplinary action; and
 The notice of appeal shall be dated and signed by the worker or by their representative.

21.5.3 Setting Hearing Date
When the Human Resources Department receives a notice of appeal which complies with the requirements set forth herein, the Human Resources Director shall schedule the matter for hearing at the next available regular meeting of the Personnel Board at least fifteen (15) working days after receipt of the notice of appeal.

21.5.4 Findings and Conclusions
The Personnel Board shall render written findings and recommendations and final decisions concerning the appeal following the hearing and within ten (10) working days after the matter is submitted. The decision of the Personnel Board shall be final and conclusive unless determined otherwise by a court of competent jurisdiction.

22.0 LAYOFF PROCESS FOR PER DIEM UNIT
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22.1 Layoff Defined
Only Per Diem employeeworkers that receive benefits are entitled to the rights in accordance with this section.
"Layoff" means the separation of employeeworkers from the work force due to lack of work or funds, or to the abolition of positions for the above reasons due to organizational changes.

Regularly scheduled Per Diem workers receiving pro-rated benefits whose benefits are reduced for two (2) consecutive pay periods due to City-initiated reduction in hours or whose work hours are reduced by the lesser of twenty percent (20%), or three (3) hours per week over the term of the contract, shall be deemed "laid off."

22.2 Layoff Seniority
Seniority will be calculated as hours in paid status in a given classification or a directly related higher classification represented by the Library Per Diem Unit.

22.3 Order of Layoff
The order of layoff of Per Diem employeeworkers shall be established by the Personnel Officer on the recommendation of the Department Head. These recommendations shall be based on seniority provided, however, the remaining employeeworkers have the necessary skills and abilities in the specific work function to which they would be assigned in order to perform the work remaining as determined by the City Librarian.

22.4 Bumping Rights Upon Layoff
A laid off worker may bump the least senior worker in the same classification in the Per Diem Unit. If there is no one less senior, then the worker may bump the least senior worker in a lower, directly related classification provided the worker meets the minimum qualifications for the lower class and can be trained in the lower position in a reasonable amount of time, as determined by the City.

In the case of layoff which involved workers bumping into positions occupied by the least senior workers, proposed scheduling to meet the library’s operational needs and the availability of remaining staff will be presented and discussed with affected workers prior to implementation. The Union will be notified in advance of the presentation and discussion.

A worker may choose to be laid off rather than exercise bumping rights.

22.5 Mutually Agreeable Transfers Upon Layoff
If mutually agreeable to the City and the worker, laid off or bumped employeeworkers can be placed in vacant positions in the Library Per Diem Unit.

22.6 Rate of Pay on Position Change Upon Layoff
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A worker's rate of compensation in the event of position change resulting from layoff shall be the salary closest to the base hourly rate received immediately prior to layoff.

22.7 Notification Upon Layoff
The City shall notify, in writing, the worker and the Union at least thirty (30) days prior to the effective date of layoff and shall indicate the reason or reasons for the layoff. Such notice shall contain the layoff procedure and re-employment rights of the worker. Notice shall be sent by certified mail.

22.8 Appeal Right Upon Layoff
A worker who receives notice of a specific action under the layoff procedure and believes the layoff procedure has not been correctly applied, may appeal to the City Librarian within seven (7) calendar days. The notice shall state the reason(s) for appeal. The decision of the City Librarian (or designee in event of absence or disability of City Librarian) shall be final and conclusive. This procedure shall provide an opportunity for a Per Diem worker to discuss a layoff or reduction in hours with the City Librarian, but these provisions shall not be construed to diminish the City's management rights to layoff or reduce Per Diem positions. The worker has the right to have a Union representative present at any or all of the above discussions.

22.9 Notice to Worker: Placement Assistance Upon Layoff When a regularly scheduled Per Diem position in the library is eliminated, the worker in that position shall:
 Be eligible to apply through the Human Resources Department for outplacement and job assistance counseling; and
 Receive assistance in locating available positions in other City departments, for which the worker may be eligible.

Such assistance is available to the worker for a period of up to forty-five (45) days following the termination of the positions.

23.0 RECALL PROCEDURE
Workers shall be entitled to recall rights to the position from which they were laid off for a period of two (2) consecutive years from the effective date of layoff or downgrade. The effective date of layoff or downgrade shall be the worker's last day of work in the classification from which the worker is downgraded.

When a vacancy occurs in a job classification, laid off or downgraded workers eligible to return to that job shall be recalled in the inverse order of their layoff or downgrade.

Provisional and probationary workers who did not have status as a benefited Per Diem shall have no recall rights.

When a vacancy exists and workers are to be recalled, notice of the opening(s) shall be sent to the mailing address as shown on the worker's last paycheck unless a more current address has been furnished by the laid off/downgraded worker.

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Recall notices shall be sent via certified U.S. mail. The worker shall have fourteen (14) calendar days to reply to the City from the date of mailing of the recall notice. If the worker fails to reply within fourteen (14) calendar days from receipt, or if the Post Office returns the notice as undeliverable, all recall rights will be lost.

It is the responsibility of the worker who has been laid off to keep the City informed as to their address and telephone number. The City has no responsibility to attempt to trace a worker if notice is not deliverable by the Post Office.

24.0 MISCELLANEOUS PROVISIONS

24.1 Mileage Allowance
City workers who must use their private vehicles for official business shall be compensated at the IRS rate.

24.2 Library Service Reward
Following the first full pay period following Council adoption a one-time, lump sum payment, for each milestone shall be distributed to eligible unit members in the following manner:

A. Five hundred dollars ($500.00) for Unit Members employed for ten (10) to nineteen (19) years
B. Seven hundred fifty dollars ($750.00) for Unit Members employed for twenty (20) years or more.

The continuation of this provision beyond the term of the contract would need to be made by mutual agreement between the parties.

24.3 Joint Labor Management Committee
The Joint Labor Management Committee is a vehicle for Library management and SEIU represented staff to work out issues in an interest-based manner in between contract negotiations. The Committee meets at least four (4) times per year, and may be scheduled more frequently with mutual agreement. SEIU members select one (1) Pper dDiem and one (1) mMerit employeeworker to be released from regular duties to attend when the meetings correspond with the employeeworkers’ regularly scheduled shift. In addition, a Union representative may attend, and management may select participants to represent the City and Library. Action minutes are reviewed and approved by the Committee before they are posted for Library staff.

24.4 Deferred Compensation
The City shall contribute 3.75% of base wages to per diem employeeworkers’ 457 PartTime/Seasonal deferred compensation accounts. EmployeeWorkers shall contribute 3.75% of base wages to their 457 Part-Time/Seasonal deferred compensation accounts.

Docusign Envelope ID: 90E1448A-A9F2-8E5E-812B-D33A7D8A3336 xxv SEIU Library Per Diem
2020-2023
EmployeeWorkers are eligible to make voluntary contributions above the mandatory employee contribution of 3.75% to their 457 Part-Time/Seasonal deferred compensation accounts.

25.0 NO STRIKE
The Unit, its members and representatives, agree that during the term of this Agreement and for any period during which the parties are meeting and conferring they will not engage in, authorize, sanction, or support any strike, slowdown, stoppage or work, curtailment of production, concerted refusal of overtime work, refusal to operate designated equipment (provided such equipment is safe and sound) or to perform customary duties growing out of any dispute relating to the terms of this Agreement. Neither the Union nor any representatives thereof shall engage in job action for the purpose of effecting changes in the directives or decisions of management of the City, nor to effect a change of personnel or operations of management or of workers not covered by the Memorandum of Understanding, during the term of this Agreement. This is not meant to restrict the worker’s right to communicate with elected officials.

Observance of a legal primary picket line of a labor organization sanctioned by the Central Labor Council or the San Mateo Building and Construction Trades Council shall not be considered a violation of this Article.

26.0 NO LOCKOUT
The City agrees that during the term of this Agreement and for any period during which the parties are meeting and conferring, they will not engage in any lockout during the term of this Agreement.

27.0 CONFORMITY WITH THE LAW
The Union and the City intend and desire this MOU to conform to all applicable state and federal laws during the entire period it is in effect. In the event that the law changes during the period of this MOU and there are provisions of the MOU which no longer conform to the new law, the City will implement the new law on its effective date with respect to the non-conforming provisions only. The City will meet and confer with the Union over the implementation of the new law, if possible, prior to implementation.

28.0 SEPARABILITY OF PROVISIONS
In the event that any provision of this Memorandum of Understanding is declared by a court of competent jurisdiction to be illegal or unenforceable, that provision of the Memorandum of Understanding shall be null and void but such nullification shall not affect any other provision of this Memorandum of Understanding, all of which other provisions shall remain in full force and effect.

Docusign Envelope ID: 90E1448A-A9F2-8E5E-812B-D33A7D8A3336 xxvi SEIU Library Per Diem
2020-2023

29.0 TERMINATION OF AGREEMENT
This agreement shall terminate as of 11:59 p.m. June 21, 2026.

The existing and unmodified rules, regulations, resolutions or ordinances relating to wages, hours and conditions of employment not covered in this Agreement for workers in this Unit shall remain unchanged for said period unless such changes are the result of meeting and conferring as required by law.

Notwithstanding the provisions of this section, the City Council may increase the benefits for this Library Unit or may increase the wages of specific classifications in the Library Per Diem Unit.

HOUSEKEEPING CLEANING – TENTATIVE AGREEMENT
For the SEIU Library Per Diem: For the City:
___________________________ ___________________________ Eric Rosenthal Date Stacey Cue Date
SEIU Representative IEDA Representative
___________________________
Annette Alexander Date
___________________________
Jillian Collins Date
Docusign Envelope ID: 90E1448A-A9F2-8E5E-812B-D33A7D8A3336 10/14/2026
10/14/2026
10/14/2026
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Tentative Agreement - City Proposal #4 1 of 2

MEMORANDUM OF UNDERSTANDING NEGOTIATIONS

BETWEEN

SERVICE EMPLOYEES INTERNATIONAL UNION
LOCAL 521, SEIU LIBRARY PER DIEM UNIT
AND

THE CITY OF SAN MATEO
CITY PROPOSAL #4

TENTATIVE AGREEMENT
MAY 5, 2026
MOU SECTION: Section 18.1 Bereavement Leave
LANGUAGE:

18.1 Bereavement Leave
Leave of absence up to five (5) days without pay becauseIn the event of a death in the immediate family of an worker shall be granted by the Department Head, workers may take accrued sick leave of up to three (3) days, or up to five (5) at the discretion of the employeeworker’s Department Head, in the event of a death of an immediate member of their family. Bereavement Leave shall be tracked separately from Family Sick Leave. Workers may use their eligible leave balances (e.g., sick leave and vacation) to remain on paid status. Bereavement Leave may be taken intermittently and shall be completed within three (3) months of the date of death of the immediate family member.

For purpose of this subsection 14.6. (Bereavement Leave), "immediate family" means mother, stepmother, father, stepfather, husband, wife, domestic partner, child of domestic partner, son, stepson, daughter, stepdaughter, grandparent, grandchild, brother, stepbrother, sister, stepsister, foster parent, foster child, mother-in-law and father-in-law, son-in-law, daughter-in-law, brotherin-law or sisters-in-law, spouse’s grandparents, or any other person sharing the relationship of in loco parentis.

In this context only, immediate family shall be defined as: spouse, domestic partner, child, foster child who resided with the employeeworker at the time of their death, stepchild, mother, father, stepmother, stepfather, mother-in-law, father-in-law, brother, stepbrother, sister, stepsister, brother-in-law, sister-in-law, grandmother, grandfather, spouse’s grandmother, spouse’s grandfather, son-in-law, daughter-in-law or grandchildren.

Docusign Envelope ID: 90E1448A-A9F2-8E5E-812B-D33A7D8A3336 Tentative Agreement - City Proposal #4 2 of 2
For the SEIU Library Per Diem: For the City:
___________________________ ___________________________ Eric Rosenthal Date Stacey Cue Date
SEIU Representative IEDA Representative
___________________________
Annette Alexander Date
___________________________
Jillian Collins Date
Docusign Envelope ID: 90E1448A-A9F2-8E5E-812B-D33A7D8A3336 10/14/2026
10/14/2026
10/14/2026
10/14/2026
Tentative Agreement - City Proposal #5 1 of 2

MEMORANDUM OF UNDERSTANDING NEGOTIATIONS

BETWEEN

SERVICE EMPLOYEES INTERNATIONAL UNION
LOCAL 521, SEIU LIBRARY PER DIEM UNIT
AND

THE CITY OF SAN MATEO
CITY PROPOSAL #5

TENTATIVE AGREEMENT
MAY 5, 2026
MOU SECTION: Section 16.0 (New Section) Family Sick Leave LANGUAGE:

16.1.1 Family Sick Leave
Workers are eligible to use, in each calendar year, up to six (6) days of accumulated protected sick leave to attend to immediate family members who are ill or injured, including emergency or routine medical/dental appointments and/or to obtain or attempt to obtain any relief to help ensure the health, safety, or welfare of themselves or their child(ren) when the worker is a victim of domestic violence, sexual assault or stalking. For the purpose of this subsection "immediate family" means:
 Parent (biological, adoptive, foster-parent, stepparent, grandparent or legal guardian of an worker or the worker’s spouse or domestic partner (upon submission of a written affidavit for domestic partnership or a notarized Declaration of Domestic Partnership filed with the California Secretary of State) or a person who stood in loco parentis when the worker was a minor child);
 Spouse or domestic partner (upon submission of a written affidavit for domestic partnership or a notarized Declaration of Domestic Partnership filed with the California Secretary of State);
 Child (biological, adopted, foster-child, stepchild, grandchild, legal ward or child to whom the worker stands in loco parentis);
 Sibling; and
 An “immediate family” member also includes a “designated person”. The worker shall identify their “designated person” at the time the worker requests the leave. Workers are limited to one (1) “designated person” per 12-month period.

Docusign Envelope ID: 90E1448A-A9F2-8E5E-812B-D33A7D8A3336 Tentative Agreement - City Proposal #5 2 of 2
For the SEIU Library Per Diem: For the City:
___________________________ ___________________________ Eric Rosenthal Date Stacey Cue Date
SEIU Representative IEDA Representative
___________________________
Annette Alexander Date
___________________________
Jillian Collins Date

Docusign Envelope ID: 90E1448A-A9F2-8E5E-812B-D33A7D8A3336 10/14/2026
10/14/2026
10/14/2026
10/14/2026
Tentative Agreement - City Proposal #6 1 of 1

MEMORANDUM OF UNDERSTANDING NEGOTIATIONS

BETWEEN

SERVICE EMPLOYEES INTERNATIONAL UNION
LOCAL 521, SEIU LIBRARY PER DIEM UNIT
AND

THE CITY OF SAN MATEO
CITY PROPOSAL #6

TENTATIVE AGREEMENT
MAY 5, 2026
MOU SECTION: Section 16.3 Protective Leave
LANGUAGE:

16.3 Protected Sick Leave
Protected sick leave shall be granted in accordance with federal and state laws, including but not limited to the Family and Medical Leave Act, California Family Rights Act, and Pregnancy Disability Leave.

Workers may refer to City-wide policies in the Human Resources Department. may be taken and if taken, shall be charged to sick leave or, with the concurrence of the Department Head, to vacation, holiday, or Compensatory Time Off (CTO) leave for the following reasons:

The diagnosis, care or treatment of an existing health condition of, or preventative care for an employee.

The diagnosis, care or treatment of an existing health condition of, or preventative care for an employee’s family member, as defined in California Labor Code section 245.5(c).

An employee who is a victim of domestic violence, sexual assault, or stalking.

Not more than six (6) days of such protected sick leave shall be granted in any one (1) calendar year. However, if extenuating circumstances exist, at the discretion of the department head, a reasonable extension of the six (6) day limit may be granted. Any additional leave so granted shall be charged against the worker's sick leave accumulation.

For the SEIU Library Per Diem: For the City:
___________________________ ___________________________ Eric Rosenthal Date Stacey Cue Date
SEIU Representative IEDA Representative
___________________________
Annette Alexander Date
___________________________
Jillian Collins Date
Docusign Envelope ID: 90E1448A-A9F2-8E5E-812B-D33A7D8A3336 10/14/2026
10/14/2026
10/14/2026
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Tentative Agreement - City Proposal #7 1 of 1

MEMORANDUM OF UNDERSTANDING NEGOTIATIONS

BETWEEN

SERVICE EMPLOYEES INTERNATIONAL UNION
LOCAL 521, SEIU LIBRARY PER DIEM UNIT
AND

THE CITY OF SAN MATEO
CITY PROPOSAL #7

TENTATIVE AGREEMENT
APRIL 9, 2026
MOU SECTION: New Section- Family-School Partnership Act Leave LANGUAGE:

18.4 FAMILY-SCHOOL PARTNERSHIP ACT LEAVE
California Government Code Section 230.8 entitles workers who are a parent, legal guardian, stepparent, foster parent, or grandparent of, or a person who stands in loco parentis to a child in a licensed daycare facility or school (from birth through grade 12) up to forty (40) hours off per year, with a maximum of eight (8) hours per calendar month, to participate in school activities. Workers shall utilize vacation or compensatory time, for the purposes of the planned absence. The type of leave used by the worker shall be at the sole discretion of the worker. Workers who do not have any accrued vacation, compensatory time, or Executive/FLSA Exempt Management leave are permitted to utilize leave without pay for this purpose. Workers shall give reasonable notice to their supervisor of the school activity planned absence and upon return to work, provide to their supervisor documentation from the school or licensed childcare provider as proof that the worker engaged in child-related activities. A Department Head shall not deny a request for this leave except for reasons critical to the department operations.

For the SEIU Library Per Diem: For the City:
___________________________ ___________________________ Eric Rosenthal Date Stacey Cue Date
SEIU Representative IEDA Representative
___________________________
Annette Alexander Date
___________________________
Jillian Collins Date
Docusign Envelope ID: 90E1448A-A9F2-8E5E-812B-D33A7D8A3336 10/14/2026
10/14/2026
10/14/2026
10/14/2026
Tentative Agreement - City Proposal #9 1 of 1

MEMORANDUM OF UNDERSTANDING NEGOTIATIONS

BETWEEN

SERVICE EMPLOYEES INTERNATIONAL UNION
LOCAL 521, SEIU LIBRARY PER DIEM UNIT
AND

THE CITY OF SAN MATEO
CITY PROPOSAL #9

TENTATIVE AGREEMENT
MAY 5, 2026
MOU SECTION: New Section: 18.2B – Victim and Family Support Leave LANGUAGE:

18.2B Victim and Family Support Leave
In accordance with Government Code §12945.8 and any amendments thereto, workers are entitled to an unpaid, job-protected leave of absence if they or their family members are a victim of a qualifying act of violence. The amount of approved leave is contingent on the qualifying circumstance. This leave runs concurrently with any applicable leave, including FMLA and CFRA, if the worker is eligible.

1. Use of Paid Leave. Workers may elect to use accrued sick leave, vacation or other available paid leave balances for leave taken pursuant to this subsection. For workers scheduled to work less than the full-time work week, use of paid leave shall be granted only for those days, or fractions thereof, that the worker was scheduled to work. Workers who do not elect to use accrued leave or lack sufficient leave accruals to cover the leave taken under this subsection shall be granted authorized unpaid leave.

2. Request and Documentation. When feasible, workers must provide advance notice. To request the leave, workers must complete and submit the appropriate form to the Human Resources Department. Reasonable documentation/certification will be required to support the leave.

For the SEIU Library Per Diem: For the City:
___________________________ ___________________________ Eric Rosenthal Date Stacey Cue Date
SEIU Representative IEDA Representative
___________________________
Annette Alexander Date
___________________________
Jillian Collins Date
Docusign Envelope ID: 90E1448A-A9F2-8E5E-812B-D33A7D8A3336 10/14/2026
10/14/2026
10/14/2026
10/14/2026
Tentative Agreement 1 of 1

MEMORANDUM OF UNDERSTANDING NEGOTIATIONS

BETWEEN

SERVICE EMPLOYEES INTERNATIONAL UNION
LOCAL 521, SEIU LIBRARY PER DIEM UNIT
AND

THE CITY OF SAN MATEO

TENTATIVE AGREEMENT
OCTOBER 12, 2026
MOU SECTION: Section 15.4 Monday Holidays (New Section) LANGUAGE:

15.4 Monday Holidays
For the holidays that fall on Monday, the Library shall be closed on the preceding Sunday.

For the SEIU Library Per Diem: For the City:
___________________________ ___________________________ Eric Rosenthal Date Stacey Cue Date
SEIU Representative IEDA Representative
___________________________
Annette Alexander Date
___________________________
Jillian Collins Date
Docusign Envelope ID: 90E1448A-A9F2-8E5E-812B-D33A7D8A3336 10/14/2026
10/14/2026
10/14/2026
10/14/2026
Tentative Agreement 1 of 1

MEMORANDUM OF UNDERSTANDING NEGOTIATIONS

BETWEEN

SERVICE EMPLOYEES INTERNATIONAL UNION
LOCAL 521, SEIU LIBRARY PER DIEM UNIT
AND

THE CITY OF SAN MATEO

TENTATIVE AGREEMENT
OCTOBER 12, 2026
MOU SECTION: Section 5.5 General Membership (New Section) LANGUAGE:

5.5 General Membership
The Union may submit a request for paid or unpaid release time for employees to participate in Union business/events that provide mutual benefit to both the Union and the City, in compliance with applicable federal, state, and local laws, rules, regulations, and City policies. Employees are prohibited from engaging in political activities while on duty or when on City premises, as stated in the Political Activities Policy.

All release time requests must be submitted to the Human Resources Director and shall be subject to final approval by the City Manager.

For the SEIU Library Per Diem: For the City:
___________________________ ___________________________ Eric Rosenthal Date Stacey Cue Date
SEIU Representative IEDA Representative
___________________________
Annette Alexander Date
___________________________
Jillian Collins Date
Docusign Envelope ID: 90E1448A-A9F2-8E5E-812B-D33A7D8A3336 10/14/2026
10/14/2026
10/14/2026
10/14/2026
Tentative Agreement 1 of 2

MEMORANDUM OF UNDERSTANDING NEGOTIATIONS

BETWEEN

SERVICE EMPLOYEES INTERNATIONAL UNION
LOCAL 521, SEIU LIBRARY PER DIEM UNIT
AND

THE CITY OF SAN MATEO

TENTATIVE AGREEMENT
OCTOBER 12, 2026
MOU SECTION: Section 10.1 – Compensation Increases During the Term of this Agreement LANGUAGE:

10.1.1 Compensation Increases During the Term of this Agreement The Unit will receive the following across the board increases during the term of this agreement:
 3% effective the first full pay period following Council adoption of this agreement
 2% effective January 2, 2028
 2% effective January 14, 2029

10.1.2 Equity Adjustments
Effective the first full pay period following Council adoption of this agreement, the following classifications will receive an equity adjustment as outlined below:
 Librarian II (Benchmark) – 7.23%
 Librarian I
 Literacy Program Coordinator
 Literacy Specialist
 Library Assistant II (Benchmark) – 7.06%
 Senior Library Assistant
 Library Assistant I
 Library Aid I
 Library Aid II

10.1.3 “Me Too” Clause
If during the term of this Memorandum of Understanding, SEIU Maintenance receives a higher COLA for Year 2 (Fiscal Year 27/28) or Year 3 (Fiscal Year 28/29), SEIU Library shall receive the same COLA percentage.

The equity adjustments for the Library Unit and the Maintenance Unit shall be calculated consistently. If the SEIU Maintenance Unit agreement calculates Market Median Total Compensation equity adjustments in a different manner, the City shall calculate the Docusign Envelope ID: 90E1448A-A9F2-8E5E-812B-D33A7D8A3336 Tentative Agreement 2 of 2
equity adjustments provided under this Agreement using the same formula ultimately applied to the SEIU Maintenance Unit.

The effective date of such adjustment shall be the effective date of the City Council adopted SEIU Maintenance Unit across the board increase. The total compensation survey market median shall be determined by the existing agreed upon survey methodology and using the 2026 Bryce Library Total Comp studies for Librarian II and Library Assistant II.

Any adjustments as a result of this clause shall not result in a pay reduction for any library employee(s).

Effective July 9, 2023 employees will receive a four percent (4.0%) across the board increase. The effective date of this increase is in recognition of the pause in the negotiation process due to the City’s change of City Manager. The union acknowledges this is an extraordinary circumstance and not a departure from the City’s long-standing practice of adopting MOUs with salary effective dates the pay period following adoption or later.

To aid in recruitment and retention, the Librarian I/II series shall receive an additional two percent (2.0%) increase effective July 9, 2023.

Effective June 23, 2024, employees will receive a three percent (3.0%) across the board increase.

Effective June 22, 2025, employees will receive a three percent (3.0%) across the board increase.

For the SEIU Library Per Diem: For the City:
___________________________ ___________________________ Eric Rosenthal Date Stacey Cue Date
SEIU Representative IEDA Representative
___________________________
Annette Alexander Date
___________________________
Jillian Collins Date
Docusign Envelope ID: 90E1448A-A9F2-8E5E-812B-D33A7D8A3336 10/14/2026
10/14/2026
10/14/2026
10/14/2026
Tentative Agreement 1 of 1

MEMORANDUM OF UNDERSTANDING NEGOTIATIONS

BETWEEN

SERVICE EMPLOYEES INTERNATIONAL UNION
LOCAL 521, SEIU LIBRARY PER DIEM UNIT
AND

THE CITY OF SAN MATEO

TENTATIVE AGREEMENT
OCTOBER 12, 2026
MOU SECTION: Section 29.0 – Agreement Term
LANGUAGE:

30.0 TERMINATION OF AGREEMENT
This agreement shall terminate as of 11:59 p.m. June 216, 20296.

The existing and unmodified rules, regulations, resolutions or ordinances relating to wages, hours and conditions of employment not covered in this Agreement for workers in this Unit shall remain unchanged for said period unless such changes are the result of meeting and conferring as required by law.

Notwithstanding the provisions of this section, the City Council may increase the benefits for this Library Unit or may increase the wages of specific classifications in the Library Per Diem Unit.

For the SEIU Library Per Diem: For the City:
___________________________ ___________________________ Eric Rosenthal Date Stacey Cue Date
SEIU Representative IEDA Representative
___________________________
Annette Alexander Date
___________________________
Jillian Collins Date
Docusign Envelope ID: 90E1448A-A9F2-8E5E-812B-D33A7D8A3336 10/14/2026
10/14/2026
10/14/2026
10/14/2026
Side Letter of Agreement
Between
City of San Mateo
And
SEIU Library Merit Unit
Recognition
SEIU Library Merit and Per Diem units shall be considered one unit.

The rights and protections in the current Merit and Per Diem MOU will remain the same. The MOU will be combined integrating the Merit and Per Diem sections, distinguishing the differences between each unit.

For SEIU Library Merit Unit City of San Mateo
By: ______________________________ By: ____________________________________ Eric Rosenthal, SEIU Representative Stacey Cue, IEDA
Date: _____________ Date: _____________
Docusign Envelope ID: 90E1448A-A9F2-8E5E-812B-D33A7D8A3336 10/14/2026 10/14/2026
Side Letter of Agreement
Between
City of San Mateo
And
SEIU Library Per Diem Unit
Bilingual Differential
The City is committed to updating the citywide Bilingual Policy. All bargaining units will be invited to meet and confer within ten (10) months following Council adoption of the MOU.

For SEIU Library Per Diem Unit City of San Mateo
By: ______________________________ By: ____________________________________ Eric Rosenthal, SEIU Representative Stacey Cue, IEDA
Date: _____________ Date: _____________
Docusign Envelope ID: 90E1448A-A9F2-8E5E-812B-D33A7D8A3336 10/14/2026 10/14/2026
Side Letter of Agreement
Between
City of San Mateo
And
SEIU Library Merit Unit
Merger Reopener
If SEIU bargaining units merge after following the unit modification process pursuant to Personnel Rules and Regulations, the City would agree to have a re-opener of the MOU contract for SEIU Library.

For SEIU Library Merit Unit City of San Mateo
By: ______________________________ By: ____________________________________ Eric Rosenthal, SEIU Representative Stacey Cue, IEDA
Date: _____________ Date: _____________
Docusign Envelope ID: 90E1448A-A9F2-8E5E-812B-D33A7D8A3336 10/14/2026 10/14/2026
Side Letter of Agreement
Between
City of San Mateo
And
SEIU Library Per Diem Unit
Monday Holidays
The City is committed to agendizing holiday per diem scheduling in the next Joint Labor Management Committee meeting following Council adoption of the MOU.

For SEIU Library Merit Unit City of San Mateo
By: ______________________________ By: ____________________________________ Eric Rosenthal, SEIU Representative Stacey Cue, IEDA
Date: _____________ Date: _____________
Docusign Envelope ID: 90E1448A-A9F2-8E5E-812B-D33A7D8A3336 10/14/2026 10/14/2026

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