Loading...
HomeMy WebLinkAboutStaff Report 6789 City of Palo Alto (ID # 6789) City Council Staff Report Report Type: Consent Calendar Meeting Date: 4/11/2016 City of Palo Alto Page 1 Summary Title: Adoption of MOA for PMA, POA, SEIU, IAFF Title: Adoption of New Memoranda of Agreement for Palo Alto Police Officers’ Association (PAPOA), International Association of Firefighters’ Union Local 1319 (IAFF), Service Employees’ International Union Local 521 (SEIU) and Palo Alto Police Management Association (PAPMA) and Adoption of a Resolution Amending the City of Palo Alto Merit Rules and Regulations. From: City Manager Lead Department: Human Resources Recommendation Staff recommends that Council approve and adopt new Memoranda of Agreement for Palo Alto Police Officers’ Association (PAPOA), International Association of Firefighters’ Union Local 1319 (IAFF), Service Employees’ International Union Local 521 (SEIU) and Palo Alto Police Management Association (PAPMA). Staff further recommends that the Council adopt the attached resolution amending the Merit System Rules and Regulations to incorporate such Memoranda of Agreement and eliminate redundant chapters. Overview As a local public agency, the City of Palo Alto is required under California State law to meet and confer in good faith with its recognized labor organizations in an effort to reach agreements regarding wages, hours and other terms and conditions of employment1. The City’s negotiating teams comprised of outside counsel, Human Resources staff and City management representatives, met with labor representatives for many months of meetings until tentative agreements were reached. 1 The Meyers-Milias Brown Act (MMBA), adopted in 1968 as Government Code 3500, establishes the legal framework under which the public agency and labor organizations are required to meet and confer in good faith. City of Palo Alto Page 2 A summary of the agreements and copies of the proposed Memoranda of Agreement are attached as exhibits. The four labor organizations that reached tentative agreements with the City are:  Palo Alto Police Officers’ Association (PAPOA), representing 83 positions;  International Association of Firefighters’ Union Local 1319 (IAFF), representing 99 positions;  Service Employees’ International Union (SEIU), representing 580 positions; and  Palo Alto Police Management Association (PAPMA), representing 7 positions. Background An objective of the bargaining process is for the parties to reach agreement prior to the expiration of the MOA, to avoid a lapse in coverage of the contract. Although the parties began negotiations months prior to expiration of each agreement, PAPOA, IAFF and SEIU contracts had expired without a successor agreement, The PAPMA had not successfully completed an MOA since it’s recognition as a labor organization in 2009. The status of the MOA’s is as follows:  Palo Alto Police Officers’ Association (PAPOA) – expired June 30, 2014  International Association of Firefighters Union Local 1319 (IAFF) – expired June 30, 2014  Service Employees’ International Union (SEIU) – expired November 30, 2015  Palo Alto Police Management Association (PAPMA) – no MOA since inception in 2009 Despite many months of negotiations, the parties had a difficult time reaching agreement due to a very difficult bargaining environment which included:  Salaries Under Market: Palo Alto’s salaries have fallen behind the market by significant amounts for many job classes. Due to these gaps in market position and the cost of bringing salaries to acceptable levels, the discussions regarding the comparable market salaries and timing of market adjustments were extensive, time-consuming and difficult.  Prior Concessions: Prior to the current negotiations, retiree medical benefits had been restructured to save costs and new pension tiers had been adopted to reduce costs. Pension changes included increasing the retirement age and reducing the pension formula for new employees. These actions had been difficult, but necessary for the long-term health of the City’s finances. City of Palo Alto Page 3  Further Pension Cost-Sharing: A primary interest of the City was negotiating for employees to accept a greater share of pension costs. This caused concern by the employee groups with regard to the negative impact on take-home salaries.  Capped Medical Costs: The City also required employees represented by PAPOA, IAFF, and PAPMA to agree to a fixed cap on medical premiums with the goal of sharing future increases, rather than continuing to split the premiums according to a percent of cost. Given the recent volatility of medical rates, this was viewed as a significant concession. SEIU and management and professional bargaining units agreed to a fixed cap on medical premiums in their previous labor agreement.  Operational Issues Under Consideration: In addition to the economic proposals, a number of operational issues, such as shift schedules for IAFF, staffing, and assignments, required the negotiating parties to review policies and practices to fully understand the impacts. Many of the issues were complex in nature and required time-consuming research. Despite these difficulties, negotiations for all four labor groups are successfully concluded and tentative agreements were reached between the parties. In accordance with each labor group’s bylaws, the tentative agreements have been ratified by the represented employees. More detailed summaries for each agreement are attached to this memo as exhibits, along with copies of each MOA (including tracked changes). The following is a high-level summary of the significant economic changes in the agreements. Further detail of each agreement is included in the attached exhibits.  Pension Contributions: In addition to the mandatory employee contributions currently contributed by City employees, each of the public safety labor organizations has agreed to increase their share of the pension contribution by 28 to 33 percent over the term of the agreement, and miscellaneous employees have agreed to increase their contributions by 12.5 to 16 percent over the term of the SEIU agreement.  “General Salary Adjustments” are applied across-the-board and the agreed-upon percentages are based upon the Consumer Price Index (CPI) and other factors that reflect inflation and regional increases in the cost of living.  “Market adjustments” are based on salaries in comparable agencies. The City’s goal was to set compensation at the middle of the comparable market. Market Adjustments are applied only to employees who are below the median of the market, to bring the salary to the median during the term of the agreement. City of Palo Alto Page 4 It should be noted that although some employers strive to place salaries at the top of the market or at the top one-third or one-fourth of the market, the City’s current pay philosophy is to maintain salaries at the median of the market.  Effective Dates: The tentative agreements for PAPOA, IAFF and PAPMA state that salary adjustments will be effective in “the pay period which includes June 30.” For purposes of brevity, the summary below reflects adjustment dates as July 1, unless otherwise noted. Summary of Salary Adjustments Included in the Agreements 1. Palo Alto Police Officers’ Association (PAPOA) Term: July 1, 2014 through June 30, 2018 (4 years) General Salary Adjustments: 2.5% upon adoption of the agreement; 2.5% July 1, 2016; 2.5% July 1, 2017 Market Adjustments: 3% upon adoption of the agreement; 2.2% July 1, 2016; up to 2.5% January 1, 2018 if behind median of the comparable market 2. International Association of Firefighters Union Local 1319 (IAFF)* Term: July 1, 2014 through June 30, 2018 (4 years) General Salary Adjustments: 2.5% upon adoption of the agreement; 2.5% July 1, 2016; 2.5% July 1, 2017 Market Adjustments: 5% upon adoption of the agreement; 8% July 1, 2017; up to 2.5% January 1, 2018 if behind median of the comparable market *Market surveys for IAFF indicate that the salaries had fallen severely under market. It is possible that this has led to the increased recruitment and retention issues experienced by the department. 3. Service Employees’ International Union (SEIU) Term: December 1, 2015 through December 31, 2018 (3 years) General Salary Adjustments: 1.5% upon adoption of the agreement; 3% December 1, 2016; 3% December 1, 2017 Market Adjustments: due to the wide-ranging classifications and placements in the market, this bargaining unit’s Market Adjustments of 1%-10% will be adjusted in thirds, with 1/3 paid upon adoption of the agreement; 1/3 on December 1, 2016 and 1/3 July 1, 2017. City of Palo Alto Page 5 4. Palo Alto Police Management Association (PAPMA) Term: January 11, 2016 through June 30, 2017 (1.5 years) General Salary Adjustments: 2.5% upon adoption of the agreement; 2.5% July 1, 2016; 2.5% on the last day of the agreement (June 30, 2017) Market Adjustments: 3% upon adoption of the agreement; 0.5% July 1, 2016; 0.5% on the last day of the agreement (June 30, 2017) Summary of Medical Benefit Changes In the new agreements, all of the labor organizations have agreed to move from a 90%/10% share of the medical premiums to a fixed cap on the City’s health contributions. For SEIU, beginning in 2013, the City’s contributions towards medical premium became a fixed dollar amount per month. PMA’s medical premium became a fixed amount in January 2016. Lastly, IAFF and POA will change to a fixed amount beginning in January 2017. The premium contributions by the City will be capped as follows: It is anticipated that the capped medical premiums will result in savings of approximately $350,000 over the life of the contracts by switching IAFF, PAPOA and PAPMA to capped medical premiums. The capped medical premiums will further allow the City to contain future growth of healthcare costs. Resource Impact The estimated net costs of the agreements, after pension contributions, medical caps and other concessions are as follows (inclusive of changes to salary, pension and other roll-ups to salary) for the complete terms of the agreements: Palo Alto Police Officers’ Association (PAPOA) Term: July 1, 2014 through June 30, 2018 (4 years) Cumulative Cost for Term of Agreement: $4.2 million Maximum Monthly Medical Contribution by City Monthly Premium Contribution 2016 Monthly Premium Contribution 2017 Monthly Premium Contribution 2018 Employee Only $743 $773 $804 Employee Plus One $1,485 $1,544 $1,606 Employee Plus Two or More $1,931 $2,008 $2,088 City of Palo Alto Page 6 International Association of Firefighters Union Local 1319 (IAFF) Term: July 1, 2014 through June 30, 2018 (4 years) Cumulative Cost for Term of Agreement: $6.3 million Service Employees’ International Union Local 521 (SEIU) Term: December 1, 2015 through December 31, 2018 (3 years) Cumulative Cost for Term of Agreement: $5.2 million to the General Fund and $6.3 million to Special Funds, for a total to all funds of $11.5 million. Palo Alto Police Management Association (PAPMA) Term: January 11, 2016 through June 30, 2017 (1.5 years) Cumulative Cost for Term of Agreement: $317,736 These estimated costs are based on calculations from the Fiscal Year 2016 Adopted Budget and are only intended to reflect approximate costs as a result of these agreement terms. As in most municipal governments, the majority of the City’s budget is for the cost of salaries and benefits of the employees who provide services to the community. In Palo Alto, as of the Fiscal Year 2016 Adopted Operating Budget, employee costs are approximately 60.7% of the General Fund budget and 28.1% of All Funds. Similar to investments in the City’s infrastructure, ongoing investments in the City’s workforce is a necessary component to recruit and retain a well-qualified workforce in order to ensure the effective delivery of quality services. As in any circumstance that involves competing interests, the organization will be challenged with managing the budget to support all of its resource demands. Through the good faith bargaining that resulted in the four tentative agreements discussed in this letter, the labor organizations have agreed to increase pension and medical cost-sharing and the City will maintain salaries that do not lead the market, but aim to remain at the median of the market. Policy Implications The MOAs recommended for approval are consistent with the goals identified by the City Council in the City’s Labor Guiding Principles (attachment D). Environmental Review Approval of the MOAs affecting the wages, hours and working conditions of City employees is not a project under the California Environmental Quality Act (CEQA). Attachments:  Attachment A: Resolution Amending Merit Rules Chapter 14 (PDF) City of Palo Alto Page 7  Attachment B: IAFF Summary of the Agreement (PDF)  Attachment C: PMA Summary of the Agreement (PDF)  Attachment D: POA Summary of the Agreement (PDF)  Attachment E: SEIU Summary of the Agreement (PDF)  Attachment F: IAFF MOA 2016 (PDF)  Attachment G: PMA MOA 2016 (PDF)  Attachment H: PAPOA MOA 2016 (PDF)  Attachment I: SEIU MOA 2016 (PDF)  Attachment J: IAFF MOA 2016 Redline Version (PDF)  Attachment K: PAPOA MOA 2016 Redline Version (PDF)  Attachment L: SEIU MOA 2016 Redline Version (PDF)  Attachment M: Labor Guiding Principles 4 9 2012 (PDF) *NOT YET APPROVED* 1 Resolution No. _____ Resolution of the Council of the City of Palo Alto Repealing Chapters 15, 16, 17, 18, and 19 of the Merit System Rules and Regulations and Repealing and Restating Chapter 14 of the Merit System Rules and Regulations, Regarding Collectively Bargained Labor Agreements RECITALS A. Chapter 12 of the City of Palo Alto Merit System Rules and Regulations provides for recognition of employee organizations representing certain full- and part-time employees of the City. B. Representatives of the City and its various recognized employee organizations from time to time engage in negotiations on matters within the scope of representation. C. Pursuant to the Meyers-Milias-Brown Act, Government Code Section 3500 et seq., following good faith negotiations, the City Council may set the terms and conditions of employment for represented employees, either through adoption of a written memorandum jointly prepared by the parties or through unilateral implementation of the City’s last, best, and final offer. NOW, THEREFORE, the Council of the City of Palo Alto RESOLVES as follows: SECTION 1. Chapters 15, 16, 17, 18, and 19 of the Merit System Rules and Regulations are hereby repealed in their entirety. SECTION 2. Chapter 14 of the Merit System Rules and Regulations is hereby repealed and restated to read as follows: “CHAPTER 14 MEMORANDA OF AGREEMENT Sections: 1401 Memoranda of Agreement incorporated by reference 1402 Council action incorporated by reference 1403 Controlling provisions 1401. Memoranda of Agreement incorporated by reference. Upon adoption by the Palo Alto City Council and for the duration of its effective term, any Memorandum of Agreement or other collectively bargained agreement by and between the City of Palo Alto and a recognized employee organization is hereby *NOT YET APPROVED* 2 incorporated into these Merit System Rules and Regulations by reference as though fully set forth herein. 1402. Council action incorporated by reference. In the absence of a collectively bargained agreement, any resolution, ordinance, minute order, or other action of the Palo Alto City Council setting wage, hours, or other terms and conditions of employment for represented employees is hereby incorporated into these Merit System Rules and Regulations by reference as though fully set forth herein. 1403. Controlling provisions. In the case of conflict with this chapter and any other provisions of the Merit System Rules and Regulations with respect to a represented employee, this chapter will prevail over such other provisions as to such represented employees.” SECTION 3. It is not the intent of the City Council in adopting this resolution to create any right or obligation extending beyond the effective term of any duly adopted memorandum of agreement. SECTION 4. The Council finds that this is not a project under the California Environmental Quality Act and, therefore, no environmental impact assessment is necessary. INTRODUCED AND PASSED: AYES: NOES: ABSENT: ABSTENTIONS: ATTEST: ___________________________ ______________________________ City Clerk Mayor APPROVED AS TO FORM: APPROVED: ___________________________ ______________________________ Senior Deputy City Attorney City Manager ______________________________ Director of Administrative Services ____________________________ Director of Human Resources IAFF Summary of the Agreement 1. General Salary Increases Under this agreement, all employees in the unit will receive a 2.5% increase effective the pay period after City Council approval of the contract; a 2.5% increase effective the pay period including July 1, 2016; and a 2.5% increase effective the pay period including July 1, 2016.1 2. Market Adjustments for Positions Under Market In the summer of 2015, the City completed a total compensation study that evaluated the total package of salary, other cash benefits and insurance for Palo Alto employees in comparison to similar positions in sixteen comparable Bay Area agencies. Employees below median, after receiving the first salary increase of 2.5%, will receive market increases of 5%. Employees will receive an additional 8% in the pay period that includes July 1, 2016. Lastly, during the final year of the contract, the City will conduct a market study and will provide a market increase up to 2.5%, only if the market study shows that the Firefighter classification is below the market median. Providing these market adjustments will allow the City to better recruit and retain employees. Due to the strong economy, employees have more opportunities in both the public and private sectors. Ensuring that the City’s total compensation packages are consistent with comparable agencies in this market is a very important factor in retaining and attracting quality employees. 3. Increase to PERS Contribution Currently, all unit members pay the full 9% PERS Member Contribution. The parties have agreed to modify the Member Contribution by increasing the contribution to the Employer share of Pension. Upon ratification and as soon as administratively possible, all employees regardless of pension formula in this unit shall, in addition to the Member Contribution required, pay an additional 1% towards the Employer share of Pension. Effective the pay period that includes July 1, 2016, all employees regardless of pension formula in this unit shall, in addition to the Member Contribution required, pay an additional 1% towards the Employer share of Pension for a total of 2%. Lastly, effective the pay period that includes July 1, 2017, all employees regardless of pension formula in this unit shall, in addition to the Member Contribution required, pay an additional 1% towards the Employer share of Pension for a total of 3%. 4. Fixed City Contributions Toward Medical Premiums Beginning in 2010, employees began paying a portion of health care costs, and currently contribute 10% of premium amounts, with the City contribution capped at 90% of the second highest medical plan offered by CalPERS. Although this change was an improvement over the 1 The tentative agreements for PAPOA, IAFF and PAPMA state that salary adjustments will be effective in “the pay period which includes June 30.” For purposes of brevity, the summary below reflects adjustment dates as July 1, unless otherwise noted. City paying the full cost of the benefit, contribution amounts were still based on a percentage of the total premium cost, which has increased every year, so the structure did not fully meet the Council’s goal of moving away from benefit structures that place the burden on the City to pay the cost of automatic increases. Under this contract, beginning in January 2017, the City’s contributions will be fixed at the following dollar amounts per month rather than a changing percentage: 2017 Maximum City Contribution 2018 Maximum City Contribution Employee Only $773 $804 Employee Plus One $1,544 $1,606 Employee Plus Two or More $2,008 $2,088 This fixed amount approach eliminates the City’s obligation to automatically pay the cost of premium increases. This method also encourages employees to become better consumers, choosing the health care plan that provides the best value for their needs. 5. Alternative Medical Benefit Program Under this agreement, effective January 1, 2017, if a regular employee and/or the employee’s dependent(s) are eligible for and elect to receive medical insurance through any other non-City of Palo Alto employer-sponsored or association-sponsored medical plan, the Employee may choose to waive his/her right to the City of Palo Alto’s medical insurance and receive cash payments in the amount of two hundred eighty four dollars ($284) for each month City coverage is waived. In addition, employees who have a registered domestic partner with the State of California or who have a domestic partner who meets the requirements of the City of Palo Alto, will be eligible for a stipend of $284 per month toward the cost of an individual health plan. In the prior MOA, the agreed reimbursement was one half of the average monthly premiums for each month city coverage is waived. In 2016, the premiums were determined to be the following: Employee $378.35; Employee +1 $756.69; and Employee + Family $983.70. By fixing the amount to $284, the City is no longer obligated to automatically pay the cost of premium increases. 6. Retiree Health Benefits The City currently administers a multi-tiered system of retiree medical benefits with different benefits and/or requirements based on hire date and retirement date. In June 2015, the City Council approved a settlement agreement providing active Palo Alto Police Officers’ Association (PAPOA) members subject to the section 22892 of the Public Employees' Medical and Hospital Care Act Resolution (PEMHCA) benefit with a one-time, irrevocable option to elect benefits under section 22893. (CMR #5834). The City offered this same one-time opt-in to active IAFF members who were hired before January 1, 2006. Employees hired before January 1, 2006 currently receive benefits under section 22892 of the PEMHCA upon retirement, while employees hired on or after January 1, 2006 currently receive benefits under section 22893 of the PEMHCA upon retirement. Section 22892 simply requires employers to provide benefits in an equal amount for both employees and retirees. Section 22893, by contrast, provides benefits to retirees on a graduated scale based on years of service and a statewide average of healthcare costs. Although the City originally shifted new hires to benefits under section 22893 as a cost-saving measure, in recent years, some employees have expressed a preference for the benefit structure under section 22893 (i.e. the post-2006 benefit) rather than the benefit structure of section 22892 (i.e. the pre-2006 benefit). 7. Staffing Discretion for the Fire Chief Under this agreement, the Fire Chief is given discretion to determine how many paramedics to deploy in a quick-response vehicle and how many paramedics to deploy in an emergency. Providing this Chief this discretion will provide for more efficient, cost effective operations. 8. Pay Differential Stacking Cap There are various differentials Firefighters are eligible to receive for different specialty assignments or in recognition of specialized training. This specialty pay includes pay differentials for paramedics, HazMat team members, and Fire Inspectors. The City and Union have agreed to cap the stacking of the differentials to 17.5%. Further, the parties agreed to roll in the 3% EMT differential into the Firefighter base salary because all Firefighters are required to also be EMTs. 9. 48/96 Work Schedule Pilot Program The City and Union agreed to have the City evaluate changing the Palo Alto Fire Department’s work schedule for 56-hour personnel from its current schedule to a “48/96” work schedule. The goal is to implement a pilot schedule change in January 2017, if the parties are in agreement and required administrative and technology changes can be implemented by this date. The 48/96 schedule is a fire department shift schedule where employees work two consecutive days (48 hours) followed by four consecutive days off duty (96 hours). Currently, employees work the Kelly 3-4 shift schedule where the employee works one day (24 hours), has one day off (24 hours), works one day, has one day off, works one day followed by four consecutive days off duty. The key difference in the two shift schedules is a 50% reduction in shift changes. For each member and for the department as a whole, the 48/96 is identical to the current Kelly 3/4 schedule in terms of the number of hours worked per week and per year. If a schedule can be designed that is FLSA compliant, cost neutral and does not compromise service to the community, the parties agree to move forward with a pilot work schedule change. The initial “Pilot Program” is planned to run for the term of the MOA, but may be terminated at any time if is determined to have a negative impact on costs or workforce effectiveness. The Pilot will conclude at the end of the MOA unless the parties mutually agree to extend the Pilot or adopt the Pilot as the standard 56-hour work schedule. PAPMA Summary of the Agreement 1. General Salary Increases and Market Adjustments Under this agreement, all employees in the unit received a 2.5% general salary increase as well as a 3% market/equity adjustment effective the pay period after the City Council approved the Letter Agreement (CMR #6487). On July 1, 2016 and July 1 2017, the Captain and Lieutenant classifications will receive an additional 2.5% general salary increase as well as a 0.5% market/equity adjustment.1 2. Increase to PERS Contribution Currently, all unit members pay the full 9% PERS Member Contribution. The parties have agreed to modify the Member Contribution by increasing the contribution to the Employer share of Pension by 3% over the term of the agreement. 3. Fixed City Contributions Toward Medical Premiums In 2014, the City moved to health premium contributions based on fixed dollar amounts rather than percentage contributions for employees in the SEIU and Management/ Professional units. Under the Letter Agreement, the City’s contributions for PAPMA were similarly converted to fixed dollar contributions. 4. Retiree Health Benefits Under the Letter Agreement, employees were given the opportunity to opt-in to Gov’t Code 22893 retiree medical vesting schedule. 5. MOA Provisions The City and PMA agreed to an MOA which includes the following provisions: • Compensation • Benefits • Retirement benefits • Management benefits • Leave programs • Discipline and grievance process 1 The tentative agreements for PAPOA, IAFF and PAPMA state that salary adjustments will be effective in “the pay period which includes June 30.” For purposes of brevity, the summary below reflects adjustment dates as July 1, unless otherwise noted. PAPOA Summary of the Agreement 1. General Salary Increases Under this agreement, all employees in the unit will receive a 2.5% increase effective the pay period after City Council approval of the contract; a 2.5% increase effective the pay period including July 1, 2016; and a 2.5% increase effective the pay period including July 1, 2016.1 2. Market Adjustments for Positions Under Market In the fall of 2015, the City completed a total compensation study that evaluated the total package of salary, other cash benefits and insurance for Palo Alto employees in comparison to similar positions in sixteen comparable Bay Area agencies. Employees below median, after receiving the first salary increase of 2.5%, will receive market increases of 3%. Employees will receive an additional 2.2% in the pay period that includes July 1, 2016. Lastly, during the final year of the contract, the City will conduct a market study and will provide a market increase up to 2.5%, only if the market study shows that the classification is below the market median. Providing these market adjustments will allow the City to better recruit and retain employees. Due to the strong economy, employees have more opportunities in both the public and private sectors. Ensuring that the City’s total compensation packages are consistent with comparable agencies in this market is a very important factor in retaining and attracting quality employees. 3. Increase to PERS Contribution Currently, all unit members pay the full 9% PERS Member Contribution. The parties have agreed to modify the Member Contribution by increasing the contribution to the Employer share of Pension. Upon ratification and as soon as administratively possible, all employees regardless of pension formula in this unit shall, in addition to the Member Contribution required, pay an additional 1% towards the Employer share of Pension. Effective the pay period that includes July 1, 2016, all employees regardless of pension formula in this unit shall, in addition to the Member Contribution required, pay an additional 1% towards the Employer share of Pension for a total of 2%. Lastly, effective the pay period that includes July 1, 2017, all employees regardless of pension formula in this unit shall, in addition to the Member Contribution required, pay an additional 1% towards the Employer share of Pension for a total of 3%. 4. Fixed City Contributions Toward Medical Premiums Beginning in 2010, employees began paying a portion of health care costs, and currently contribute 10% of premium amounts, with the City contribution capped at 90% of the second highest medical plan offered by CalPERS. Although this change was an improvement over the 1 The tentative agreements for PAPOA, IAFF and PAPMA state that salary adjustments will be effective in “the pay period which includes June 30.” For purposes of brevity, the summary below reflects adjustment dates as July 1, unless otherwise noted. City paying the full cost of the benefit, contribution amounts were still based on a percentage of the total premium cost, which has increased every year, so the structure did not fully meet the Council’s goal of moving away from benefit structures that place the burden on the City to pay the cost of automatic increases. Under this contract, beginning in January 2017, the City’s contributions will be fixed at the following dollar amounts per month rather than a changing percentage: 2017 Maximum City Contribution 2018 Maximum City Contribution Employee Only $773 $804 Employee Plus One $1,544 $1,606 Employee Plus Two or More $2,008 $2,088 This fixed amount approach eliminates the City’s obligation to automatically pay the cost of premium increases. This method also encourages employees to become better consumers, choosing the health care plan that provides the best value for their needs. 5. Alternative Medical Benefit Program Under this agreement, if a regular employee and/or the employee’s dependent(s) are eligible for and elect to receive medical insurance through any other non-City of Palo Alto employer- sponsored or association-sponsored medical plan, the Employee may choose to waive his/her right to the City of Palo Alto’s medical insurance and receive cash payments in the amount of two hundred eighty four dollars ($284) for each month City coverage is waived. In addition, employees who have a registered domestic partner with the State of California or who have a domestic partner who meets the requirements of the City of Palo Alto, will be eligible for a stipend of $284 per month toward the cost of an individual health plan. In the prior MOA, the agreed reimbursement was one half of the average monthly premiums for each month city coverage is waived. In 2016, the premiums were determined to be the following: Employee $378.35; Employee +1 $756.69; and Employee + Family $983.70. By fixing the amount to $284, the City is no longer obligated to automatically pay the cost of premium increases. 6. Retiree Health Benefits The City currently administers a multi-tiered system of retiree medical benefits with different benefits and/or requirements based on hire date and retirement date. In June 2015, the City Council approved a settlement agreement providing active Palo Alto Police Officers’ Association (PAPOA) members subject to the section 22892 of the Public Employees' Medical and Hospital Care Act Resolution (PEMHCA) benefit with a one-time, irrevocable option to elect benefits under section 22893. (CMR #5834). 7. Holiday Pay Prior to 2012, PAPOA members received 120 hours of holiday pay per year. In 2012, the holiday pay was reduced to 90 hours per year. Effective with the pay period following Council approval, in lieu of restoring Holiday pay to 120 hours, salary ranges of all represented classifications will be increased by 1.44%. 8. Motorcycle Differential On a one time basis, employees assigned to operate motorcycles will receive a one-time non PERSable stipend representing 2.5% of the base salary of the employee’s classification minus applicable state and federal taxes. SEIU Summary of the Agreement 1. General Salary Increases Cost of living increases were a key concern for SEIU in the negotiations and how those increases will be applied to the market data. Under this agreement, all employees in the unit will receive a 1.5% increase effective the pay period after City Council approval of the contract; a 3% increase starting December 1, 2016, the beginning of the second year of the contract; and a 3% increase starting December 1, 2017, the beginning of the third year of the contract. 2. Market Adjustments for Positions Under Market At the beginning of negotiations, the City completed a total compensation study that evaluated the total packages of salary, other cash benefits and insurance for Palo Alto employees in comparison to similar positions in twelve comparable Bay Area agencies. A total of 151 job classifications representing approximately 468 employees were identified as under-market in the study, and will receive increases to bring them to the market median over the term of the agreement. Employees below median, after receiving the first salary increase of 1.5%, will receive market increases. The market adjustments range from modest increases of less than 2% to more significant increases up to 10% in a few cases. Employees will receive the market increase in 1/3 adjustments throughout the contract; with the first increases due the first pay period following ratification and approval of the MOA, the second due the first pay period following December 1, 2016, and the final due the first pay period following July 1, 2017. In addition, three positions, Utility System Operator, Water Quality Control Plant Operators, and Police Dispatchers, will receive targeted adjustments to help address significant difficulties recruiting and retaining qualified employees in those positions. Especially as the economy continues improving, employees may have more opportunities in both the public and private sectors. Ensuring that the City’s total compensation packages are consistent with comparable agencies in this market is a very important factor in retaining and attracting quality employees. 3. Increase to the PERS Contribution Currently, all unit members pay the full CalPERS Member Contribution. The parties have agreed to modify the Member Contribution by increasing the contribution to the Employer share of pension. Effective the pay period that includes December 1, 2016, and as soon as administratively possible, all employees regardless of pension formula in this unit shall, in addition to the Member Contribution required, pay an additional 0.5% towards the Employer share of Pension. Effective the pay period that includes December 1, 2017, all employees regardless of pension formula in this unit shall, in addition to the Member Contribution required, pay an additional 0.5% towards the Employer share of Pension for a total of 1%. 4. Fixed City Contributions Toward Medical Premiums Beginning in 2013, the City’s contributions towards medical premium became a fixed dollar amount per month rather than a changing percentage. Under the current contract, the City’s contributions will be fixed at the following dollar amounts per month: Monthly Premium Contribution 2016 Monthly Premium Contribution 2017 Monthly Premium Contribution 2018 Employee Only $743 $773 $804 Employee Plus One $1,485 $1,544 $1,606 Employee Plus Two or More $1,931 $2,008 $2,088 This fixed amount approach continues to eliminate the City’s obligation to automatically pay the cost of premium increases. This method also encourages employees to become better consumers, choosing the health care plan that provides the best value for their needs. 5. Retiree Health Benefits The City currently administers a multi-tiered system of retiree medical benefits with different benefits and/or requirements based on hire date and retirement date. In June 2015, the City Council approved a settlement agreement providing active Palo Alto Peace Officers’ Association (PAPOA) members subject to the section 22892 of the Public Employees' Medical and Hospital Care Act Resolution (PEMHCA) benefit with a one-time, irrevocable option to elect benefits under section 22893. (CMR #5834). The City offered this same one-time opt-in to active SEIU members who were hired before January 1, 2006. Employees hired before January 1, 2006 currently receive benefits under section 22892 of the PEMHCA upon retirement, while employees hired on or after January 1, 2006 currently receive benefits under section 22893 of the PEMHCA upon retirement. Section 22892 simply requires employers to provide benefits in an equal amount for both employees and retirees. Section 22893, by contrast, provides benefits to retirees on a graduated scale based on years of service and a statewide average of healthcare costs. Although the City originally shifted new hires to benefits under section 22893 as a cost-saving measure, in recent years, some employees have expressed a preference for the benefit structure under section 22893 (i.e. the post-2006 benefit) rather than the benefit structure of section 22892 (i.e. the pre-2006 benefit). 6. Night Shift Differential In some public service departments such as Utilities, Public Works, and Police Dispatch, a limited number of employees are paid a differential for working between 6:00pm and 8:00am. The City agreed to change this differential from $1.44 per hour to 6% of base pay. This change reflects the different levels of knowledge or skill provided by employees based on their experience or tenure with the City. 7. Bilingual Premium The City currently provides a bilingual premium to those employees who are in a position that requires significant use of another language. In order to qualify for the premium, employees must pass a language test. Further, the position must be identified as one that requires the need to communicate in another language. The City agreed to increase this differential from $35 per pay period to $50 per pay period. This increase is to acknowledge the level of skill that is needed in order to provide a high level of customer service in another language. 8. Safety Shoe Allowance The City currently reimburses employees 75% of the cost of job-related safety shoes with no specification to how many boots per year an employee may purchase. In order to fix the cost, the City and SEIU agreed to provide reimbursement up to $400 per fiscal year. Fixing the reimbursement amount will help the City control the cost of safety shoes. 9. Tuition Reimbursement The City and SEIU agreed to implement a tuition reimbursement program. The program is intended to provide educational and career development opportunities including licenses and certifications that are job related. The City will provide up to $100,000 per fiscal year for tuition reimbursement for successful completion of career related undergraduate or graduate level courses. The maximum reimbursement will be one thousand five hundred dollars ($1,500) per employee for each fiscal year of the MOU. Any unexpended funds from one year will be carried forward to the next year. 10. Other Changes for Efficiency and Clean – up Additional, minor language changes related to efficiency and cleaning up old language, including: • Updating meal reimbursement in accordance with City Policy limits which are based on the U.S. General Services Administration (GSA) per diem rates. • Creating a labor management meeting committee to discuss wellness program ideas. • Update to the Apprenticeships programs • Update to the City’s recovery of training costs for various training programs 1 MEMORANDUM OF AGREEMENT Between CITY OF PAL0 ALTO and I.A.F.F. LOCAL 1319 July 1, 2014 – June 30, 2018 DocuSign Envelope ID: 37BFA43A-E1A4-46FD-BD03-FCE115AB28BA 2 PREAMBLE ________________________________________________________________________ 6 ARTICLE I - RECOGNITION ___________________________________________________________ 6 SECTION 1. RECOGNITION. ____________________________________________________________________ 6 ARTICLE II - NO DISCRIMINATION _____________________________________________________ 6 SECTION 1. NO DISCRIMINATION. _______________________________________________________________ 6 SECTION 2. FREE CHOICE. ____________________________________________________________________ 6 SECTION 3. HUMAN RELATIONS COMMITTEE. _____________________________________________________ 6 ARTICLE III - PAYROLL DEDUCTIONS – AGENCY SHOP __________________________________ 7 SECTION 1. PAYROLL DEDUCTIONS AND WRITTEN AUTHORIZATION. ___________________________________ 7 SECTION 2. AGENCY SHOP. ___________________________________________________________________ 7 ARTICLE IV - UNION ACTIVITIES ______________________________________________________ 8 SECTION 1. ON-DUTY TIME. ___________________________________________________________________ 8 SECTION 2. INTEROFFICE MAIL, BULLETIN BOARDS, AND E-MAIL. _____________________________________ 8 SECTION 3. USE OF MEETING PLACES. ___________________________________________________________ 9 ARTICLE V - NO STRIKES ____________________________________________________________ 9 SECTION 1. NO STRIKES.______________________________________________________________________ 9 ARTICLE VI - PROBATIONARY PERIOD _________________________________________________ 9 SECTION 1. TENTATIVE AND SUBJECT TO PROBATIONARY PERIOD. _____________________________________ 9 SECTION 2. PART OF TESTING PROCESS. __________________________________________________________ 9 SECTION 3. SUSPENSION OR TERMINATION. _______________________________________________________ 9 ARTICLE VII - SALARY PROVISIONS __________________________________________________ 10 SECTION 1. BASE WAGE RATES. ______________________________________________________________ 10 SECTION 2. OUT-OF-CLASS COMPENSATION. _____________________________________________________ 10 SECTION 3. PAY FOR COURT APPEARANCE. ______________________________________________________ 11 SECTION 4. CLASSIFICATIONS. ________________________________________________________________ 11 ARTICLE VIII - PAY DIFFERENTIALS __________________________________________________ 11 SECTION 1. PARAMEDIC DIFFERENTIAL. ________________________________________________________ 11 SECTION 2. HAZ MAT DIFFERENTIAL. __________________________________________________________ 12 SECTION 3. FIRE INSPECTOR DIFFERENTIAL. _____________________________________________________ 12 ARTICLE IX - HOLIDAYS ____________________________________________________________ 12 SECTION 1. NAMED HOLIDAYS. _______________________________________________________________ 12 SECTION 2. CONDITIONS. ____________________________________________________________________ 13 ARTICLE X - OVERTIME COMPENSATION ______________________________________________ 13 SECTION 1. COMPENSATION. _________________________________________________________________ 13 ARTICLE XI - APPARATUS STAFFING _________________________________________________ 13 ARTICLE XII - FIRE DEPARTMENT PROGRAMS _________________________________________ 14 SECTION 1. PROGRAMS. _____________________________________________________________________ 14 ARTICLE XIII - WORK ASSIGNMENTS AND TRANSFERS _________________________________ 14 SECTION 1. SHIPOUTS. ______________________________________________________________________ 14 SECTION 2. VACATION RELIEF POSITIONS. ______________________________________________________ 15 DocuSign Envelope ID: 37BFA43A-E1A4-46FD-BD03-FCE115AB28BA 3 SECTION 3. TRANSFER REQUESTS. _____________________________________________________________ 15 SECTION 4. SPECIAL ASSIGNMENTS. ___________________________________________________________ 15 SECTION 5. CONTINUOUS HOURLY SERVICE. _____________________________________________________ 15 ARTICLE XIV - TRAINING COORDINATION _____________________________________________ 15 SECTION 1. COORDINATION. _________________________________________________________________ 15 ARTICLE XV - PARAMEDIC ASSIGNMENT ______________________________________________ 16 SECTION 1. LIMIT OF ELIGIBILITY. _____________________________________________________________ 16 SECTION 2. ADDITIONAL CANDIDATE TRAINING. __________________________________________________ 16 SECTION 3. INCENTIVES. ____________________________________________________________________ 16 SECTION 4. PROCTORING. ___________________________________________________________________ 16 ARTICLE XVI - FIRE FIGHTER APPRENTICE PROGRAM __________________________________ 16 SECTION 1. IMPLEMENTATION. _______________________________________________________________ 16 SECTION 2. BEGINNING FIRE FIGHTING SUPPRESSION WORK. ________________________________________ 17 SECTION 3. TESTING PROCESS. ________________________________________________________________ 17 ARTICLE XVII - PROMOTION _________________________________________________________ 17 SECTION 1. PROMOTION STEP LEVEL.___________________________________________________________ 17 SECTION 2. PROMOTION PROCESS INFORMATION. _________________________________________________ 17 ARTICLE XVIII - REDUCTION IN FORCE ________________________________________________ 17 SECTION 1. ORDER OF REDUCTION. ____________________________________________________________ 17 ARTICLE XIX - SELECTIVE CALL BACK WITH REGARD TO RESIDENCY ____________________ 17 SECTION 1. IN CASE OF EMERGENCY ___________________________________________________________ 17 ARTICLE XX - HEALTH BENEFITS ____________________________________________________ 17 SECTION 1. MAINTENANCE OF LEVELS __________________________________________________________ 17 SECTION 2. VISION CARE. ___________________________________________________________________ 17 SECTION 3. PEMHCA HEALTH PLAN. __________________________________________________________ 18 ARTICLE XXI - DENTAL BENEFITS ____________________________________________________ 21 SECTION 1. LEVEL OF BENEFITS. ______________________________________________________________ 21 SECTION 2. PREMIUMS. ______________________________________________________________________ 21 SECTION 3. ORTHODONTIA BENEFIT MAXIMUM. __________________________________________________ 21 ARTICLE XXII - LIFE INSURANCE _____________________________________________________ 21 SECTION 1. PREMIUMS. ______________________________________________________________________ 21 ARTICLE XXIII - RETIREMENT BENEFITS ______________________________________________ 21 SECTION 1. PERS RETIREMENT FORMULA. ______________________________________________________ 21 SECTION 2. PERS MEMBER CONTRIBUTION. _____________________________________________________ 22 SECTION 3. ADDITIONAL EMPLOYEE PERS CONTRIBUTIONS _________________________________________ 22 SECTION 4. OPTION 2 DEATH BENEFIT. _________________________________________________________ 23 SECTION 5. MILITARY SERVICE CREDIT. ________________________________________________________ 23 SECTION 6. 1959 SURVIVOR BENEFIT. __________________________________________________________ 23 ARTICLE XXIV - RETIREMENT MEDICAL PLAN _________________________________________ 23 SECTION 1. RETIREE MEDICAL COVERAGE FOR UNIT EMPLOYEES HIRED BEFORE JANUARY 1, 2004: ___________ 23 ARTICLE XXV - DEPENDENT CARE ASSISTANCE PROGRAM (DCAP) ______________________ 24 SECTION 1. DCAP. _________________________________________________________________________ 24 DocuSign Envelope ID: 37BFA43A-E1A4-46FD-BD03-FCE115AB28BA 4 ARTICLE XXVI - VACATION ACCRUAL ________________________________________________ 24 SECTION 1. ACCRUAL RATE. _________________________________________________________________ 24 SECTION 2. UNUSED AT TERMINATION. _________________________________________________________ 24 SECTION 3. LIMITS. ________________________________________________________________________ 25 ARTICLE XXVII - USE OF VACATION __________________________________________________ 25 SECTION 1. MAXIMUM NUMBER OF SLOTS. ______________________________________________________ 25 SECTION 2. APPROVALS. _____________________________________________________________________ 25 SECTION 3. VACATION PAY. _________________________________________________________________ 25 SECTION 4. ILLNESS ON VACATION. ____________________________________________________________ 25 SECTION 5. WHEN TO BE TAKEN. ______________________________________________________________ 25 SECTION 6. LIMITATION ON USE. ______________________________________________________________ 25 SECTION 7. WAITING PERIOD. ________________________________________________________________ 25 SECTION 8. DOUBLE COMPENSATION PROHIBITED. ________________________________________________ 25 SECTION 9. CASH OUT OPTION. _______________________________________________________________ 26 ARTICLE XXVIII - SICK LEAVE________________________________________________________ 26 SECTION 1. STATEMENT OF POLICY. ___________________________________________________________ 26 SECTION 2. ELIGIBILITY. ____________________________________________________________________ 26 SECTION 3. ACCRUAL. ______________________________________________________________________ 26 SECTION 4. ACCUMULATION. _________________________________________________________________ 26 SECTION 5. USE. __________________________________________________________________________ 26 SECTION 6. DEPLETION OF SICK LEAVE BENEFITS. ________________________________________________ 27 SECTION 7. FORFEITURE UPON TERMINATION. ___________________________________________________ 27 SECTION 8. PAYMENT FOR ACCUMULATED SICK LEAVE. ___________________________________________ 27 SECTION 9. PERSONAL BUSINESS LEAVE CHARGEABLE TO SICK LEAVE. _______________________________ 27 SECTION 10. RETURN TO WORK OR CONTINUE WORK WITH LIMITED DUTY. ____________________________ 27 ARTICLE XXIX - SUBPOENAS ________________________________________________________ 28 ARTICLE XXX - WORKERS' COMPENSATION ___________________________________________ 28 SECTION 1. STATUS REPORTING WHILE ON DISABILITY. ____________________________________________ 28 ARTICLE XXXI - PHYSICAL FITNESS MEDICAL EXAMINATIONS ___________________________ 28 ARTICLE XXXII- LEAVES OF ABSENCE WITHOUT PAY ___________________________________ 28 SECTION 1. DISABILITY. _____________________________________________________________________ 28 SECTION 2. OTHER LEAVES. _________________________________________________________________ 28 SECTION 3. ACCRUED VACATION CREDITS. ______________________________________________________ 28 SECTION 4. APPROVAL OF DEPARTMENT HEAD. __________________________________________________ 29 SECTION 5. APPROVAL BY CITY MANAGER. _____________________________________________________ 29 SECTION 6. ABSENCE WITHOUT LEAVE. ________________________________________________________ 29 SECTION 7. LEAVE OF ABSENCE; DEATH OUTSIDE THE IMMEDIATE FAMILY. ____________________________ 29 SECTION 8. MILITARY LEAVE OF ABSENCE. _____________________________________________________ 29 ARTICLE XXXIII - LEAVES OF ABSENCE WITH PAY _____________________________________ 29 SECTION 1. CITY MANAGER GRANTED LEAVES. __________________________________________________ 29 SECTION 2. COUNCIL GRANTED LEAVE. ________________________________________________________ 29 SECTION 3. EMPLOYEE'S TIME OFF TO VOTE. ____________________________________________________ 29 SECTION 4. LEAVES OF ABSENCE; DEATH IN IMMEDIATE FAMILY. ____________________________________ 30 SECTION 5. JURY DUTY; LEAVE OF ABSENCE. ____________________________________________________ 30 ARTICLE XXXIV – VOLUNTEER LEAVE PROGRAM ______________________________________ 30 ARTICLE XXXV- TUITION REIMBURSEMENT ___________________________________________ 31 SECTION 1. OPTIONS. _______________________________________________________________________ 31 DocuSign Envelope ID: 37BFA43A-E1A4-46FD-BD03-FCE115AB28BA 5 ARTICLE XXXVI - PER DIEM TRAVEL EXPENSES _______________________________________ 32 SECTION 1. CITY BUSINESS. __________________________________________________________________ 32 ARTICLE XXXVII - HOUSE FUND ITEMS ________________________________________________ 32 SECTION 1. STATION HOUSE FUND. ____________________________________________________________ 32 SECTION 2. NON-FOOD HOUSE ITEMS __________________________________________________________ 32 ARTICLE XXXVIII - PARKING _________________________________________________________ 32 SECTION 1. ENTITLEMENTS. __________________________________________________________________ 32 ARTICLE XXXIX- GRIEVANCES _______________________________________________________ 32 ARTICLE XL- SAFETY COMMITTEE ___________________________________________________ 35 SECTION 1. COMMITTEE _____________________________________________________________________ 35 ARTICLE XLI – MISCELLANEOUS _____________________________________________________ 35 SECTION 1. T-SHIRTS. _______________________________________________________________________ 35 SECTION 2. REMOVAL OF DISCIPLINARY ACTIONS. ________________________________________________ 35 ARTICLE XLII - FULL UNDERSTANDING _______________________________________________ 35 SECTION 1. FULL AND ENTIRE UNDERSTANDING. __________________________________________________ 35 SECTION 2. FAIR LABOR STANDARDS ACT. ______________________________________________________ 35 SECTION 3. SEVERABILITY. __________________________________________________________________ 35 SECTION 4. GOOD FAITH. ____________________________________________________________________ 35 SECTION 5. MERIT SYSTEM RULES AND REGULATIONS. ____________________________________________ 35 SECTION 6. STATION CONSOLIDATION OR RELOCATION . ____________________________________________ 36 SECTION 7. MEET AND CONFER. _______________________________________________________________ 36 ARTICLE XLIII – 48/96 WORK SCHEDULE PILOT PROGRAM ______________________________ 36 ARTICLE XLIV - DURATION __________________________________________________________ 36 DocuSign Envelope ID: 37BFA43A-E1A4-46FD-BD03-FCE115AB28BA 6 MEMORANDUM OF AGREEMENT CITY OF PAL0 ALTO and I.A.F.F. LOCAL 1319 July 1, 2014 - June 30, 2018 PREAMBLE This Memorandum of Agreement between the City of Palo Alto, hereinafter referred to as the "City", and Local 1319, International Association of Fire Fighters, hereinafter referred as the "Union", has been prepared and entered into in accordance with Title I, Division 4, Chapter 10, Sections 3500-3510 of the California Government Code and Chapter 12 of the City of Palo Alto Merit System Rules and Regulations. ARTICLE I - RECOGNITION Section 1. Recognition. The City recognizes the Union as the exclusive representative of an employee group consisting solely of the classifications of Fire Apparatus Operator, Fire Fighter, Fire Captain, Fire Captain (forty-hour assignment), Fire Inspector, Hazardous Materials Specialist, and Hazmat Inspector, who are regularly employed by the City and others as amended into the representation unit from time to time under existing law and the Merit System Rules and Regulations. ARTICLE II - NO DISCRIMINATION Section 1. No Discrimination. The Union and the City hereby agree that there shall be no discrimination because of race, color, age, disability, sex, national origin, sexual orientation, political or religious affiliation under this Agreement. There shall be no discrimination in employment conditions or treatment of employees on the basis of membership or non-membership in the Union, or participation in the lawful activities of the Union. Section 2. Free Choice. The Union and the City hereby agree to protect the rights of all employees to exercise their free choice to join the Union and to abide by the express provisions of applicable State and local laws. Section 3. Human Relations Committee. A Human Relations Committee will include up to five members appointed by the Union executive board and at least two members of management with representation from the Fire and Human Resources Departments. The committee may make recommendations to management regarding recruitment outreach, equal employment opportunity and career development programs. DocuSign Envelope ID: 37BFA43A-E1A4-46FD-BD03-FCE115AB28BA 7 ARTICLE III - PAYROLL DEDUCTIONS – AGENCY SHOP Section 1. Payroll Deductions and Written Authorization. The City shall deduct Union membership dues and pay other mutually agreed upon payroll deduction from the bi-weekly pay of member employees. The dues deduction must be authorized in writing by the employee on an authorization card acceptable to the City and the Union. The City shall remit the deducted dues to the Union as soon as possible after deduction. All Union members on payroll deduction for payment of Union dues as of 5:00 p.m. on the tenth day following signing of this Memorandum of Agreement must remain on payroll deduction for the life of the Memorandum of Agreement, or so long as they remain members of the representation unit. Union members who establish dues payroll deduction during the term of the Memorandum of Agreement must remain on payroll deduction for the life of the Memorandum of Understanding, or so long as they remain members of the representation unit. Union members on dues payroll deduction may declare their intention to terminate such payroll deduction following expiration of this Memorandum of Agreement during the thirty-day period between sixty and ninety days prior to expiration of the Memorandum of Agreement. Section 2. Agency Shop. Pursuant to legislation enacted by SB 739 and amendment to the Meyers-Milias-Brown Act, the City and the Union agree to abide by the following provisions as they relate to an agency shop and an agency shop election. a. Agency Shop as defined under Meyers-Milias Brown means “an arrangement that requires an employee, as a condition of continued employment, either to join the recognized employee organization, or to pay the organization a service fee in an amount not to exceed the standard initiation fee, periodic dues, and general assessments of the organization.” The City and the Union agree that an agency shop arrangement between the City and the Union shall be placed in effect upon ratification of this agreement. b. Any employee who is a member of a bona fide religion, body, or sect that has historically held conscientious objections to joining or financially supporting public employee organizations shall not be required to join or financially support any public employee organization as a condition of employment. The employee may be required, in lieu of periodic dues, initiation fees, or agency fees, to pay sums equal to the dues, initiation fees, or agency fees to a nonreligious, nonlabor charitable fund exempt from taxation under Section 501(c)(3) of the Internal Revenue Code, chosen by the employee from a list of at least three organizations, or if the memorandum of understanding between the City and the Union fails to designate the funds, then to any such fund chosen by the employee. Proof of the payments shall be made on a monthly basis to the City as a condition of continued exemption from the requirement of financial support to the Union. DocuSign Envelope ID: 37BFA43A-E1A4-46FD-BD03-FCE115AB28BA 8 c. Covered employees shall execute written authorization for either Union dues deductions, the agency fee, or, if eligible, the charitable contribution. In the absence of a written authorization the City shall deduct the agency fee from the employees’ paycheck. d. If implemented, an agency shop provision may be rescinded by a majority vote of all the employees in the unit covered by the Memorandum of Understanding pursuant to the Meyers-Milias-Brown Act. e. The Union shall keep an adequate itemized record of its financial transactions and shall make available annually, to the City and to the employees who are members of the organization, within 60 days after the end of its fiscal year, a detailed written financial report thereof in the form of a balance sheet and an opening statement, certified as to accuracy by its president and treasurer or corresponding principal officer, or a certified public accountant. f. The Union shall indemnify and hold the City harmless against any liability arising from any claims, demands, or other action relating to the City’s compliance with the agency shop obligation. The Union shall comply with all statutory and legal requirements with respect to Agency Shop. ARTICLE IV - UNION ACTIVITIES Section 1. On-Duty Time. Local 1319 officers may use a reasonable amount of on-duty time to attend to Union business specifically related to representation of employees so long as: a. Staffing is available b. Operations are not interrupted c. Advance approval is obtained from the Battalion Chief or Operations Chief Section 2. Interoffice Mail, Bulletin Boards, and E-Mail. The Union shall have access to interoffice mail and existing bulletin boards in unit employee work areas for the purpose of posting, transmitting, or distributing notice or announcements including notices of social events, recreational events, Union membership meetings, result of elections and reports of minutes of Union meetings. Any other material must have prior approval of the Operations Chief or Fire Chief. Action on approval will be taken within 24 hours of submission. The Union may send e-mail messages only for the purposes set forth above. The I.T. Division will maintain the IAFF list. The Union access to e-mail is based on the following conditions: a. E-Mails to the IAFF list will be copied to the Fire Chief or Operations Chief at distribution. DocuSign Envelope ID: 37BFA43A-E1A4-46FD-BD03-FCE115AB28BA 9 b. E-Mails to the IAFF list will only be sent by the Executive Board Members. Section 3. Use of Meeting Places. The Union shall have the right to reserve City meeting and conference rooms for use during non-working hours or as subject to Battalion Chief approval. Such meeting places will be made available in conformity with City regulations and subject to the limitations of prior commitment. ARTICLE V - NO STRIKES Section 1. No Strikes. The Union, its representatives, or members, shall not engage in or cause, instigate, encourage, sanction, or condone a strike, withholding of services, leave of absence abuse, work stoppage or work slowdown of any kind against the City of Palo Alto or its citizens by employees covered under this Agreement. No employee shall refuse to cross any picket line in the conduct of Fire Department business, nor shall the Union, its representatives or members discriminate in any way toward anyone who refuses to participate in a strike, or any of the job actions cited above. ARTICLE VI - PROBATIONARY PERIOD Section 1. Tentative and Subject to Probationary Period. All original appointments to regular or part-time municipal service positions shall be tentative and subject to a probationary period, fixed by the appointing authority at the time of appointment, or sixteen (16) months. Section 2. Part of Testing Process. The probationary period shall be regarded as part of the testing process and shall be utilized for closely observing all aspects of the employee's qualifications, for ensuring the effective adjustment of a new employee to the position and for rejecting any probationary employee who, in the opinion of management, is not suitable to attain permanent status. Section 3. Suspension or Termination. During the probationary period a new employee may be suspended or terminated at any time by the appointing authority without cause and without right of appeal or to submit a grievance. Said employee shall not have the right to proceed to arbitration on the issue of arbitrability or on the issue of its constitutional or discovery rights, nor those of any employee by reason of the foregoing. The Union shall not be a party to any lawsuit relating to the termination of a probationary employee. DocuSign Envelope ID: 37BFA43A-E1A4-46FD-BD03-FCE115AB28BA 10 ARTICLE VII - SALARY PROVISIONS Section 1. Base Wage Rates. a. The base wage rates of bargaining unit classifications will be as set forth in Appendix A of this MOA. b. Effective the full pay period following City Council approval, a 2.5% general salary increase and a 5% market adjustment will be applied to the salary ranges of all represented classes. c. Effective with the pay period including June 30, 2016 a 2.5% general salary increase and a 8% market adjustment will be applied to the salary ranges of all represented classes. d. Effective with the pay period including June 30, 2017 a 2.5% percent general salary increase will be applied to the salary ranges of all represented classes. e. Total Compensation Market Study. The City will conduct a total compensation survey by November 2017 using the criteria listed below (Total Compensation and Survey Database). Data shall include the contributions in effect up until the November 2017 period. If the City’s survey shows that the Fire Fighter benchmark based on the median is under the market median, the City shall confer a market adjustment to place the benchmark to the median of market, up to a cap of two and a half percent (2.5%), effective the last pay period in December 2017. Total Compensation and Survey Database Management and the Union have agreed to a compensation survey database structure. Survey Cities include: Alameda, Berkeley, Fremont, Hayward, Menlo Park Fire District, Milpitas, Mountain View, Redwood City, Pleasanton, San Jose, San Mateo, San Ramon Fire District, Santa Clara, Santa Clara County and South San Francisco. Compensation Criteria includes: top step salary, maximum longevity, maximum education, uniform allowance, EMT differential, Hazmat differential, deferred compensation, employee pick up of employer pension costs (Negative EPMC), and maximum City paid benefits (medical, dental, vision, life insurance, LTD, and EAP). The database is intended to provide one source of information concerning how the compensation paid to employees in bargaining unit job classifications compares to that paid by other employers. Section 2. Out-of-Class Compensation. All represented employees who are assigned work in a higher classification for longer than four (4) continuous hours will be compensated at a higher pay rate for all hours worked during the out-of-class assignment. This provision applies as follows: DocuSign Envelope ID: 37BFA43A-E1A4-46FD-BD03-FCE115AB28BA 11 Fire Fighter, Apparatus Operator, Captain or Inspector working in a higher classification: Step to step. Representation unit classification working as a Battalion Chief, 10% above 5th-Step Captain, but not to exceed 93% of Battalion Chief control point. Representation unit classification working in any other management position, within the range of the management position. Section 3. Pay for Court Appearance. Sworn Fire personnel appearing in court for the People shall be compensated as follows: Period Rate Minimum a. Appearance on scheduled Time and one-half at 4 hours day off 40-hour rate b. Any or all court time Straight time during None during scheduled shift shift at 56-hour rate c. Appearance on scheduled Time and one-half at 2 hours work day but not during 40-hour rate (2 hour minimum, may scheduled shift not run into shift time) The employee shall remit all fees received for such appearances to the City within thirty days from the termination of his/her services. Compensation for mileage or subsistence allowance shall not be considered as a fee and shall be retained by the employee. Section 4. Classifications. The Haz Mat Inspector position will be paid at the same level as the Fire Inspector (603). One Fire Captain position will be assigned to a Fire Captain (Forty-hour Assignment) with the pay set at 5% above the Fire Captain. ARTICLE VIII - PAY DIFFERENTIALS Unit employees are eligible for the following pay differentials. Notwithstanding any provision of this agreement, total differential pay shall not exceed seventeen and a half percent (17.5%). Section 1. Paramedic Differential. Paramedics who have completed the required training and have been accredited in accordance with the program and possess their paramedic license, will receive a 12.5% differential in addition to their base salary effective beginning with the date of assignment to rotational Paramedic duty. The Paramedic salary differential will terminate with the cessation of assignment to rotational Paramedic duty. On or before 09/28/2015, employees Y-rated and those who have submitted their letters to Y-rate will be Y-rated. DocuSign Envelope ID: 37BFA43A-E1A4-46FD-BD03-FCE115AB28BA 12 Section 2. Haz Mat Differential. A maximum of fifteen positions who are Haz Mat trained and certified will receive a 5% differential in addition to their base salary. This differential does not apply to minimum staffing replacements. Section 3. Fire Inspector Differential. Fire inspector personnel including Haz Mat inspectors and Haz Mat specialists who have been trained as fire investigators and who are regularly assigned to fire investigation duties by the Chief shall be compensated with premium pay in the amount of $500 per month. The Chief reserves the right to determine who is regularly assigned to such duties. Section 4. EMT Differential. Effective the first full pay period after adoption of the successor MOU, the City shall roll the 3% EMT differential pay into the base pay. After this one time conversion is added to base pay, this shall constitute the City’s incentive payment for EMT skills. This conversion shall be cost neutral during the term of this MOU. In the event an employee’s EMT certification expires, the employee will be taken off the line and placed in an unpaid status until the employee can submit proof of EMT recertification. ARTICLE IX - HOLIDAYS Section 1. Named Holidays. The following holidays are recognized as municipal holidays for pay purposes, and regular, employees shall have these days off with pay, except as otherwise provided in these rules: January 1 Veterans’ Day, November 11 Third Monday in January Thanksgiving Day Third Monday in February Day after Thanksgiving Day Last Monday in May December 25 July 4th Either December 24, or December 31 as provided below First Monday in September Second Monday in October 149.5 hours is the total amount of holiday hours paid annually to an employee divided by 26 payroll periods which equals 5.75. Shift personnel shall receive pay in lieu of taking paid leave for accrued holidays. Such paid hours are in addition to the normal biweekly base pay. Shift personnel will accumulate a biweekly amount of 5.75 hours. Hours are prorated and accrued based on hours actually worked. If employees elect to be paid for these hours at any time before the scheduled payoff, they must make sure they have sufficient hours in their Holiday account and record the hours on their timecard in the total columns of the timecard only. DocuSign Envelope ID: 37BFA43A-E1A4-46FD-BD03-FCE115AB28BA 13 Accrued Holiday balances will be automatically paid off in the months of June and December. Section 2. Conditions. a. Personnel assigned to a 40-hour work schedule will receive paid holidays in accordance with Sections 517 and 518 of the Merit System Rules and Regulations. b. Personnel assigned to a 40-hour work schedule will receive floating days off with pay in each of the following months: August, September, March, April, and June. The following conditions will hold: (1) Management will designate the schedule of the paid day off under this section at least thirty days in advance. (2) If, in conformance with this section, Management is unable to schedule a day off in the month indicated for reasons of shift operations, work scheduling or any other reason, the day will be added to the employee's vacation accrual. (3) If an employee fails to take a day off as scheduled by Management under this section, the day off so scheduled will be forfeited. ARTICLE X - OVERTIME COMPENSATION Section 1. Compensation. Shift personnel assigned to overtime relief duty in addition to their regular 56-hour shift schedule shall receive overtime compensation at a rate of one and one-half times the employee's basic 56-hour rate, or out-of-class rate if such applies, for all hours of the relief duty shift. Required off-duty training will be compensated at the rate of one and one-half times the basic 40-hour rate or as otherwise agreed. Emergency callback will be compensated at a rate of one and one- half times the basic 40-hour rate to a maximum of 8 hours, and at a rate of one and one-half times the basic 56-hour rate for those hours in excess of 8 hours. Overtime duty assignments will first be made from the voluntary overtime list. If such assignments cannot be filled from the voluntary overtime list, the vacant position will be filled by moving up on-shift personnel through out-of class assignment. Any remaining vacancy will then be filled by overtime duty assignment made in reverse order of hire date seniority according to specialty and qualifications required to be assigned. The overtime duty assignment seniority list will be adjusted annually on October 31. ARTICLE XI - APPARATUS STAFFING DocuSign Envelope ID: 37BFA43A-E1A4-46FD-BD03-FCE115AB28BA 14 Engine, truck and combination rescue companies shall be deployed for emergency services purposes at the level of one Fire Captain, one Fire Apparatus Operator and one Fire Fighter. Paramedic ambulance staffing shall be two personnel; the City will dispatch personnel on Emergency Medical Service calls such that a minimum of 1 licensed paramedic responds. The Foothill Fire Station #8, when activated by the Fire Chief, shall be staffed with a minimum of one Fire Apparatus Operator and one Fire Fighter. City may dispatch a two-person quick response vehicle with a minimum of 1 paramedic. ARTICLE XII - FIRE DEPARTMENT PROGRAMS Section 1. Programs. The Union agrees to continue its cooperation and participation in existing weather station and community blood pressure screening and measurement programs. ARTICLE XIII - WORK ASSIGNMENTS AND TRANSFERS It is the intent of the Palo Alto Fire Administration and Local 1319 that work assignments and transfers will reflect the best interests of the Fire Department and the City. The Fire Department will maintain a constant state of readiness to defend against fire and other disasters. It is therefore imperative that all Fire Department divisions assign personnel in the best manner to respond to the needs of the City and the Department. It is also acknowledged that the Fire Chief is responsible to make and/or approve the work assignments or transfers of Fire Department personnel. The Fire Chief or designee will maintain a four-year station and shift assignment, seniority-based bid system covering the following classifications within Fire Operations on a rotational basis: Fire Captain, Apparatus Operator and Fire Fighter. The Fire Chief, or his designee, shall initiate personnel assignments and transfers to balance platoon or division strength, fill permanent or temporary vacancies and provide required training to individual personnel. Such assignments will be based on seniority, except where career development, training, special assignments, skills and documented performance issues are specifically identified in writing, management may make assignments based on such issues. For purposes of this article, seniority shall be computed from the date of entry into the current classification. Section 1. Shipouts. When possible, least senior Fire Fighters will be given short term or shipout relief duty. In order to maintain training continuity, shipouts of probationary personnel will not be permitted during the first three-month training cycle. Probationary fire fighters will be assigned to Stations 1, 2, 3, 4, 5, or 6 during their probationary period, filling vacancies first, when possible. Upon completion of the first three-month training cycle, the probationary fire fighter will be eligible for short term or shipout relief duty. If after completion of the first three-month training cycle, a probationary employee fails any monthly testing process, or is the subject of identified DocuSign Envelope ID: 37BFA43A-E1A4-46FD-BD03-FCE115AB28BA 15 training needs, the probationary employee will be removed from short term or shipout relief duty for a 60-day period. Section 2. Vacation Relief Positions. In order that platoon strengths can be balanced more quickly and to reduce the need for excess overtime, two positions will be designated for vacation relief. These positions will be the lowest two on the Department seniority list who have completed their probationary period. a. The vacation relief persons will be assigned to one station when not on relief assignment. b. Relief assignment can be made to any Station or shift where a shortage of personnel will cause unnecessary overtime. c. Shortages may be caused by vacation, sick leave, disability or any leave of absence that causes a shift to be short of personnel while another has a surplus. d. Shift transfers will be made so as not to cause the relief person to work more than the prescribed number of hours in the prescribed period. e. Relief assignments will be made and hours will be coordinated by the Battalion Chief's office. Section 3. Transfer Requests. Non-probationary fire personnel may submit transfer requests to their immediate supervisor to be forwarded to the appropriate chief officer. Providing that Departmental needs are satisfied, such transfers will be administered using first a mutually agreeable exchange, secondly seniority. The transfer requests shall remain on file during the year and may be granted when a vacancy occurs, providing the requesting employee possesses the experience and performance ability required to fill the vacancy. Section 4. Special Assignments. Management reserves the right to assign personnel to career development opportunities, special projects, seminars, programs and selected educational and/or training courses, based on Fire Department needs and the performance of the employee. . Section 5. Continuous Hourly Service. Continuous hours of service in excess of 72 hours are subject to approval by the Fire Chief or designee. Approval may be granted when an employee has not been engaged in a greater than usual level of activity or is not fatigued. ARTICLE XIV - TRAINING COORDINATION Section 1. Coordination. Three shift employees per platoon may be assigned to assist the Training Officer in the coordination, preparation and scheduling of the training DocuSign Envelope ID: 37BFA43A-E1A4-46FD-BD03-FCE115AB28BA 16 program. It is agreed that volunteers will first be sought for such assignment, and further agreed that the details of this section shall be established by mutual agreement between the Fire Chief and the Union. ARTICLE XV - PARAMEDIC ASSIGNMENT Section 1. Limit of Eligibility. The City reserves the right to limit eligibility for the Paramedic Program to the Fire Fighter classification. The City may, at its discretion, add other classifications within the represented bargaining unit to meet the need of program changes. Differentials for other classifications will be as provided in Article VIII, Section 1. Section 2. Additional Candidate Training. As the Program progresses, Management will assess the need for training additional Paramedic candidates. It is Management's intention to provide for such additional training as necessary for Program continuity. Section 3. Incentives. Paramedics will receive a one-time cash payment of $500 for each biennial recertification. This provision applies only to active incumbents of authorized paramedic positions who remain in the paramedic assignment for at least one additional year after recertification. The one year requirement after recertification does not apply to those paramedics who may leave the program because of work- related injury or illness, or promotion, nor does it apply when a paramedic is asked by management to recertify in order to voluntarily extend their paramedic service to meet special departmental needs for a period of less than one year. Section 4. Proctoring. Paramedic proctoring assignments will be made by the Chief from among qualified volunteers. Payment of $600 will be made to the primary proctoring paramedic at the conclusion of each proctoring assignment. The Chief or his or her designee will maintain a list of qualified proctors from among volunteers. Personnel will be selected by the Fire Chief or his or her designee from the list to serve as paramedic proctors. If a conflict arises between the City and the Union regarding the Proctor Program, either side may suspend the program at the annual renewal period and shall remain suspended until a resolution or agreement is reached. ARTICLE XVI - FIRE FIGHTER APPRENTICE PROGRAM Section 1. Implementation. The Union agrees to assist the City in the implementation of an apprentice, training and equal employment opportunity program. Trainees under such programs shall be provided with all benefits, including retirement benefits, of other fire fighters except salary. DocuSign Envelope ID: 37BFA43A-E1A4-46FD-BD03-FCE115AB28BA 17 Section 2. Beginning Fire Fighting Suppression Work. Employees hired under the apprentice training program may begin fire fighting suppression work after they have reached the Trainee II level. . Section 3. Testing Process. Local 1319 shall be represented and entitled to participate in all stages of the testing process, and representatives from Local 1319 shall make recommendations to the department concerning the qualifications of any apprentice. ARTICLE XVII - PROMOTION Section 1. Promotion Step Level. All regular promotions from classifications within the representation unit to the classification of Fire Captain will be made at the fifth step on the salary range. Section 2. Promotion Process Information. For promotions to positions within the representation unit, promotion process information will be available in the Human Resources Department office at the time of posting. Information will include applications, minimum qualifications, study material reference information, if appropriate, and information on passing scores. Any changes in an established testing process must be submitted in writing to the Union for review and input no fewer than 60 days prior to the beginning of the process. ARTICLE XVIII - REDUCTION IN FORCE Section 1. Order of Reduction. If the work force is reduced (reduction in force) within a represented classification, unit employees having the shortest length of service with the Fire Department will be laid off first so long as employees retained are fully qualified, trained and capable of performing remaining work. ARTICLE XIX - SELECTIVE CALL BACK WITH REGARD TO RESIDENCY Section 1. In Case of Emergency Management may use selective call back with regard to residency in cases of emergency. ARTICLE XX - HEALTH BENEFITS Section 1. Maintenance of Levels Except as otherwise set forth herein, the City will maintain the present level of benefits on all City-sponsored medical programs. Section 2. Vision Care. The City offers vision care coverage for employees and dependents. Coverage is equivalent to $20 Deductible Plan A under the Vision Service DocuSign Envelope ID: 37BFA43A-E1A4-46FD-BD03-FCE115AB28BA 18 Plan, with monthly premiums paid by the employer. Dependents include domestic partners, as defined under Article XX Section 3(b). Section 3. PEMHCA Health Plan. a. ACTIVE EMPLOYEES: During the term of this contract, the maximum City contribution towards medical premiums for eligible full time employees per employee category shall be up to a maximum of the following for any plan: Medical Premium Category PEMHCA contribution* Up to a Total Maximum City Contribution Effective January 1, 2016 Up to a Total Maximum City Contribution Effective January 1, 2017 Up to a Total Maximum City Contribution Effective January 1, 2018 Employee only $125.00 90% of monthly premium for plan selected by employee Not to exceed 90% of the second most expensive plan premium $773.00 $804.00 Employee plus one $125.00 90% of monthly premium for plan selected by employee Not to exceed 90% of the second most expensive plan premium $1,544.00 $1,606.00 Employee Family $125.00 90% of monthly premium for plan selected by employee Not to exceed 90% of the second most expensive plan premium $2,008.00 $2,088.00 Effective with the first pay period including January 1, 2016, the City’s total maximum DocuSign Envelope ID: 37BFA43A-E1A4-46FD-BD03-FCE115AB28BA 19 contribution towards medical premiums for eligible part time employees shall be prorated based on the number of hours per week the part-time employee is assigned to work. *PEMHCA minimum changes per statutory determination as of 2016. Any increases to the PEMHCA minimum during the term of this contract will result in a corresponding decrease to the amount of the additional City contribution, so that the total maximum City contribution never exceeds the amount listed in the “Total Maximum City Contribution” columns above. If the State of California or federal government requires the City to participate and contribute toward coverage under any medical plan outside of PEMHCA including but not limited to the Affordable Care Act, the City’s total liability for enrolled employees and retirees and their eligible family members shall not exceed what the City would have paid toward PEMHCA coverage in the absence of such state or federal plan. The parties will meet and confer over the impact of such change on matters within the scope of representation before implementing any change. b. Active employee domestic partners whose domestic partnership is registered with the State of California may add their domestic partner as a dependent to their elected health plan coverage if the domestic partner is registered with the Secretary of State. Active employee domestic partners whose domestic partnership is not registered with the State but who meet the requirements of the City of Palo Alto Declaration of Domestic Partnership, and are registered with the Human Resources Department, will be eligible for reimbursement of the actual monthly premium cost of an individual health plan, not to exceed 90% of the average monthly premium cost of individual coverage under the PEMHCA health plans in 2016. Effective with the first pay period including January 1, 2017, a stipend of two hundred eighty four ($284) per month toward the cost of an individual health plan will be provided. Evidence of premium payment will be required with request for reimbursement. c. Alternate Medical Benefit Program. For calendar year 2016, if a regular employee and/or the employee’s dependent(s) are enrolled in medical insurance through another employer-sponsored or association medical plan, the employee may opt for alternative medical insurance coverage through the other employer-sponsored or association plan and waives his/her right to the City of Palo Alto’s medical insurance coverage for same individuals. Employees electing alternative coverage and no City coverage will receive cash payments of approximately half of the “averaged monthly City contribution toward premiums” for their medical insurance coverage. “Averaged monthly premiums” are the average of the Kaiser HMO, Blue Shield HMO and PERS DocuSign Envelope ID: 37BFA43A-E1A4-46FD-BD03-FCE115AB28BA 20 Choice PPO premiums for the employee’s City medical coverage available through the Public Employee Retirement System (PERS). The monthly rates for 2016 are as follows: One party: $340.51 Two party: $681.02 Family: $885.33 Effective with the first pay period including January 1, 2017, if a regular employee and/or the employee’s dependent(s) are eligible for and elect to receive medical insurance through any non-City of Palo Alto sponsored or association medical plan, the employee may choose to waive his/her right to the City of Palo Alto’s medical insurance coverage and receive cash payments in the amount of two hundred and eighty four dollars ($284) for each month City coverage is waived. Examples of waivers eligible for this payment are: • Employee waives all applicable City medical coverage; or • Employee is eligible to enroll his or her spouse or domestic partner and waives medical coverage for the spouse or domestic partner; or • Employee has additional eligible dependents and waives family-level medical coverage. Participation must result in a health insurance cost savings to the City and payments per employee shall not exceed a total of two hundred eighty four dollars ($284) per month. To participate in the program the employee and dependents must be eligible for coverage under PEMHCA medical plans, complete a waiver of medical coverage form, and provide proof of eligible alternative medical coverage. Payments will be made in the employee’s paycheck beginning the first month following the employee’s completion of the waiver form. Payments are subject to state and federal taxes and are not considered earnings under PERS law. Employees are responsible for notifying the City of any change in status affecting eligibility for this program (for example, life changes affecting dependent’s eligibility for medical coverage through the employee) and will be responsible for repayment of amounts paid by the City contrary to the terms of this program due to the employee’s failure to notify the City of a change in status. d. Dual Coverage. When a City employee is married to another City employee each shall be covered only once (as an individual or as a spouse of the other City employee, but not both) and dependent children, if any, shall be covered only by one spouse. DocuSign Envelope ID: 37BFA43A-E1A4-46FD-BD03-FCE115AB28BA 21 ARTICLE XXI - DENTAL BENEFITS Section 1. Level of Benefits. The City will maintain the present level of benefits on the City-sponsored dental program. Maximum benefits per calendar year shall be $2,000. Section 2. Premiums. The City shall pay all premium payments or equivalent self-insured program charges on behalf of employees and dependents who are eligible and enrolled for coverage under the existing dental plan. Dependents will include domestic partners, as defined under Article XX, Section 3(b). Section 3. Orthodontia Benefit Maximum. The City will provide a 50% of reasonable charges, $2,000 lifetime maximum orthodontic benefit for representation unit employees and their dependents. ARTICLE XXII - LIFE INSURANCE Section 1. Premiums. The City currently pays the following amounts of premium on behalf of Fire personnel: Per Pay Period Per Month (Approx.) Basic Life Insurance and Basic ADD $.085 $ .185 (per $1,000 of coverage) The basic life insurance provided by the City shall equal the employee’s base monthly salary multiplied by twelve. ARTICLE XXIII - RETIREMENT BENEFITS Section 1. PERS Retirement Formula. Safety Pension Group A: 3%@50 Safety Retirement The City will continue the present benefits under the Public Employees' Retirement System (PERS) "3 percent at 50 (3%@50)" formula for employees hired before the effective date of the “3 percent at 55” (3%@55) formula for new hires as described herein. The final year compensation for employees hired under the 3% at 50 formula will continue to be “Single highest year” or the highest average annual compensation earnable by the member during one (1) year of employment immediately preceding retirement or the one-year period otherwise designated by the member (Government Code section 20042). Safety Pension Group B: 3%@55 Safety Retirement Effective December 7, 2012, the City amended its contract with CalPERS to provide employees hired on or after that date who are not “new members” of CalPERS, as DocuSign Envelope ID: 37BFA43A-E1A4-46FD-BD03-FCE115AB28BA 22 defined in the Public Employees’ Pension Reform Act (ofter referred to as “classic” CalPERS members) with the CalPERS retirement formula three percent of final salary at age 55 (“3%@55”), with the final salary determination for such employees of “3 highest consecutive years” based on the highest average annual compensation earnable by the member during three (3) consecutive years of employment immediately preceding retirement or the three-year period otherwise designated by the member (Government Code section 20037). Safety Pension Group C: 2.7% at Age 57 Safety Retirement Employees hired on or after January 1, 2013 meeting the definition of “new member” under the Public Employees’ Pension Reform Act (Gov’t. Code s. 7522 et seq.) shall be subject to all of the provisions of that law, including but not limited to the two point seven percent at age 57 (2.7%@57) retirement formula with a three year final compensation period. Section 2. PERS Member Contribution. a. Employees in all represented classes in Pension Groups A and B described above will make the 9% PERS member contributions by payroll deduction b. Employees in all represented classes in Pension Group C described above shall pay the employee contribution required by the Public Employees’ Pension Reform Act, currently calculated at fifty percent (50%) of the normal cost. c. When employees pay their PERS Member Contribution pursuant to section 3a and 3b above, the City will provide for member contributions to be made as allowed under provisions of IRS Code Section 414(h)(2). Section 3. Additional Employee PERS contributions In addition to the PERS member contribution as required under section 2. a, b and c above, all employees in pension groups a, b and c shall contribute the additional following contributions: • Effective as soon as administratively possible all employees regardless of pension formula in this unit shall, in addition to the Member Contribution required per CalPERS 20516 contract amendment, pay an additional 1% towards the Employer share of Pension. • Effective as soon as administratively possible but no sooner than the pay period that includes June 30, 2016, all employees regardless of pension formula in this unit shall, in addition to the Member Contribution required, pay an additional 1% towards the Employer share of Pension for a total of 2%. • Effective as soon as administratively possible but no sooner than the DocuSign Envelope ID: 37BFA43A-E1A4-46FD-BD03-FCE115AB28BA 23 pay period that includes June 30, 2017, all employees regardless of pension formula in this unit shall, in addition to the Member Contribution required, pay an additional 1% towards the Employer share of Pension for a total of 3%. Such contributions under CalPERS 20516 will be provided on a pre-tax basis to the extent allowable by law. Section 4. Option 2 Death Benefit. The City provides the Pre-Retirement Option Settlement 2 Death Benefit. The Pre-Retirement Optional Settlement 2 Death Benefit provides the spouse of a deceased member, who was eligible to retire for service at the time of death, with an alternate option to the lump sum Basic Death Benefit whereby the surviving spouse can elect a monthly allowance equal to the amount the member would receive if he/she had retired from service on the date of death and elected Optional Settlement 2 (the highest monthly allowance a member can leave a spouse). Section 5. Military Service Credit. The City will provide the Public Employees’ Retirement System benefit known as “Section 20930.3, Military Service Credit as Public Service.” Section 6. 1959 Survivor Benefit. The City will continue to provide the basic level of 1959 PERS Survivor Benefit to eligible employees in accordance with Government Code section 21571. ARTICLE XXIV - RETIREMENT MEDICAL PLAN Section 1. Retiree medical coverage for Unit employees hired before January 1, 2004: Monthly City-paid premium contributions for a retiree-selected PEMHCA optional plan will be made in accordance with the Public Employees' Medical and Hospital Care Act Resolution for employees that retire on or before December 31, 2006. Effective January 1, 2007 for an employee retiring on or after that date the City will pay up to the monthly medical premium for the 2nd most expensive plan offered to IAFF employees among the existing array of plans. However, the City contribution for an employee hired before January 1, 2004 who retires on or after December 1, 2011 shall be the same contribution amount it makes for active City employees. Effective upon ratification and adoption of this Agreement, the City shall provide active unit employees who were hired before January 1, 2004 with a one-time opportunity to opt-in to retiree health benefits provided under California Government Code section 22893. Eligible employees who wish to exercise this option shall inform the People, Strategy, and Operations department of their election in writing no later than 90 days following the ratification and adoption of this Agreement. DocuSign Envelope ID: 37BFA43A-E1A4-46FD-BD03-FCE115AB28BA 24 Section 2. 20-Year Vesting for Retiree Medical Coverage for Unit Employees Hired On Or After January 1, 2004: a) The retiree health benefit provided in California Government Code section 22893 shall apply to all employees hired on or after January 1, 2004. Under this law, an employee is eligible to receive Fifty (50) percent of benefit after ten (10) years; each additional service credit year after Ten (10) years will increase employer credit by Five (5%) percent until Twenty (20) years is reached at which time employee is eligible for One Hundred (100%) percent of annuitant-only coverage and Ninety (90%) percent of the additional premium for dependents. ARTICLE XXV - DEPENDENT CARE ASSISTANCE PROGRAM (DCAP) Section 1. DCAP. The City will provide a dependent care assistance program for employees subject to the provisions of applicable law. The program will remain in effect subject to a reasonable minimum participation level and availability of third party administrative services at a reasonable cost. ARTICLE XXVI - VACATION ACCRUAL Section 1. Accrual Rate. All eligible fire suppression persons shall accrue vacation at the following rate for continuous service performed in a pay status. Non-shift representation unit employees shall accrue the 40-hour equivalent--one shift equals sixteen hours. a. For employees completing less than four years continuous service, the accrual rate shall be five duty shifts per year. b. For employees completing four but not more than nine years continuous service, the accrual rate shall be eight duty shifts per year. c. For employees completing nine but not more than 14 years continuous service, the accrual rate shall be 10 duty shifts per year. d. For employees completing 14 but less than 19 years continuous service, the accrual rate shall be 11 duty shifts per year. e. For employees completing 19 or more years continuous service, the accrual rate shall be 12 duty shifts per year. Section 2. Unused At Termination. Represented employees who fail to use all vacation as accrued may continue the accrual balance and be entitled to all accrued but unused vacation upon termination, except as limited below. DocuSign Envelope ID: 37BFA43A-E1A4-46FD-BD03-FCE115AB28BA 25 Section 3. Limits. Vacation accrual balances shall be limited to three times the annual accrual rate. Accrual credit beyond this limit shall not be recognized or compensated, except that for employees of record as of January 1, 1984 who have vacation excess on a one-time basis shall be set aside (banked) to be subsequently used as vacation or paid at termination. No additions may be made to the bank. The bank is established only to facilitate changeover from unlimited to three times annual accrual rate limitation on vacation accrual as herein provided. ARTICLE XXVII - USE OF VACATION Section 1. Maximum Number of Slots. The maximum number of vacation scheduling slots for representation unit suppression employees is four (4) per platoon on a year- round basis. Section 2. Approvals. Vacation scheduling must be approved by the Battalion Chief or Fire Chief. The minimum is twelve (12) hours or more for suppression employees. Advance vacation schedules for suppression shall begin either at 8:00 a.m. or 8:00 p.m. Section 3. Vacation Pay. Vacation pay shall be made available in advance of regular pay day provided that employee requests such advance in writing to the Finance Department at least two weeks prior to his/her vacation date. The employee's supervisor must verify vacation date on the request. Section 4. Illness on Vacation. When an employee becomes ill while on vacation and such illness can be supported by a statement from an accredited physician or the employee is hospitalized for any period, the employee shall have the period of illness charged against sick leave and not against vacation leave. Section 5. When to be Taken. The time at which an employee may use accrued vacation leave and the amount to be taken at any one time shall be determined by the Chief with particular regard for the needs of the City, but insofar as possible, considering the wishes of the employee. Section 6. Limitation on Use. Employees may not use more than three times their annual rate of accrual in any calendar year period provided, however, that the Chief may grant exceptions to this limitation. Section 7. Waiting Period. Employees shall complete six months continuous service before using accrued vacation leave. Section 8. Double Compensation Prohibited. Employees shall not work for the City during their vacation. DocuSign Envelope ID: 37BFA43A-E1A4-46FD-BD03-FCE115AB28BA 26 Section 9. Cash out Option. Once each calendar year an employee may cash out eight (8) or more hours of vacation accrual in excess of eighty (80) hours to a maximum of one hundred twenty (120) hours; PROVIDED, that the employee has taken eighty (80) hours of vacation off with pay in the previous twelve (12) months. ARTICLE XXVIII - SICK LEAVE Section 1. Statement of Policy. Sick leave shall be allowed and used only in case of actual personal sickness or disability, medical or dental treatment, or as authorized in Section 9. Up to six (6) days (72 shift hours for suppression personnel) sick leave per year may be used for illness in the immediate family (wife, husband, child, parent, parent-in-law, brother, sister, registered domestic partner, or close relative residing in the household of the employee.) Section 2. Eligibility. Regular employees shall be eligible to accrue and use sick leave. Section 3. Accrual. Sick leave shall be accrued bi-weekly, provided the employee has been in a pay status for 50 percent or more of a bi-weekly pay period. Sick leave shall be accrued at the rate of six shifts per year. Section 4. Accumulation. Accumulated sick leave may be accrued without limit, except as provided in Section 8 below. Section 5. Use. Sick leave may be used as needed and approved, to the point of depletion, at which time the employee will no longer receive pay for sick leave. A new employee may, if necessary, use up to forty-eight (48) hours or shift equivalent of sick leave at any time during the first six months of employment. Any negative balances generated by such utilization will be charged against future accrual or deducted from final paycheck in the event of termination. An employee who has been disabled for 60 consecutive days and who is otherwise eligible both for payment under the long-term disability group insurance coverage and accrued sick leave benefits may, at his/her option, choose either to receive the long-term disability benefits or to utilize the remainder of his/her accrued sick leave prior to applying for long-term disability benefits. Sick leave will not be granted for illness occurring during any leave of absence other than sick leave, unless the employee can demonstrate that it was necessary to come under the care of a doctor while on such other leave of absence. When an employee finds it necessary to be absent for any reason, he/she should cause the facts to be reported to the department within 60 minutes prior to his/her regular starting time on the first working day of absence, and shall regularly report on, or account in advance for each work day thereafter unless hospitalized or otherwise DocuSign Envelope ID: 37BFA43A-E1A4-46FD-BD03-FCE115AB28BA 27 indisposed. Such reports may be subject to written documentation. Sick leave shall not be granted unless such report or advance accounting has been made, provided, however, that the department head may grant exception to this policy where the circumstances warrant. Section 6. Depletion of Sick Leave Benefits. Upon depletion of sick leave or the beginning of the period to be covered by payments under long-term disability group insurance coverage, whichever comes first, an employee may be granted a medical leave of absence without pay for a period not exceeding sixty days. If the employee is unable to return to work at the end of this period, he/she must request further medical leave which will be subject to the approval of the City Manager. If further leave is granted, the employee must notify the City of intent to return to work every thirty days. If further leave is not granted, the employee's service with the City shall be considered terminated. Section 7. Forfeiture Upon Termination. Employees leaving the municipal service shall forfeit all accumulated sick leave, except as otherwise provided by law and Section 8. In the event that notice of resignation is given, sick leave may be used only through the day which was designated as the final day of work by such notice. Section 8. Payment for Accumulated Sick Leave. Eligible employees (those hired before December 31, 1983) who leave the municipal service in good standing, or who die while employed in good standing by the City, and who have fifteen or more years of continuous service, shall receive compensation for unused sick leave hours in a sum equal to two and one-half percent of their unused sick leave hours multiplied by their years of continuous service and their basic hourly rate of pay at termination. Full sick leave accrual will be paid in the event of termination due to disability. For new employees hired after December 31, 1983, sick leave accrual accumulation will be limited to 1,000 hours with no payoff provisions for unused balance at termination for any reason. Section 9. Personal Business Leave Chargeable to Sick Leave. It is agreed between the parties that all shift personnel represented by the Union shall have the right to charge up to forty-eight (48) hours personal business leave per year to sick leave, and that all non-shift personnel shall have the right to charge up to twenty (20) hours personal business leave per year to sick leave. Such personal business leave shall be allowed only on a staffing available basis and where the provisions of the minimum staffing agreement are not affected. "Staffing available" means at or above minimum staffing levels as defined in Article XII. Section 10. Return to Work or Continue Work With Limited Duty. In cases of non- work-related injury, illness or pregnancy an employee, upon approval of the Fire Chief and the City Safety Officer, may return to work or continue work with doctor-approved limited duty. Approval for such limited duty shall be based upon department ability to provide work consistent with medical limitations and the length of time of the limitations. DocuSign Envelope ID: 37BFA43A-E1A4-46FD-BD03-FCE115AB28BA 28 Shift employees must be willing to accept any non-shift limited duty schedule work location and may be subject to the reasonable availability of limited duty assignments. The City doctor may be consulted in determining work limitations. ARTICLE XXIX - SUBPOENAS Employees required to answer subpoenas as a witness for the City of Palo Alto or for a plaintiff where the City of Palo Alto is a defendant shall not lose pay or benefits for work time lost to answer depositions or to appear in court. ARTICLE XXX - WORKERS' COMPENSATION Section 1. Status Reporting While on Disability. Persons on disability will be required to appear or otherwise report at regular two-week intervals to the Fire Chief or designate to discuss his/her status of medical treatment therapy and physical condition. This section is not meant to unreasonably restrict employee's activities so long as such activities are cleared by the treating physician, treating program or alternative treatment program is maintained and employee is available for full or restricted duty as soon as medical clearance can be received. ARTICLE XXXI - PHYSICAL FITNESS MEDICAL EXAMINATIONS Physical fitness medical examinations for all represented employees may include chest x-rays every three years unless otherwise directed by a physician, eye examination and hearing examination. ARTICLE XXXII- LEAVES OF ABSENCE WITHOUT PAY Section 1. Disability. Leaves of absence without pay may be granted in cases of disability not covered by sick leave. Pregnancy will be considered as any other disability. Leaves of absence for disability are subject to physician's verification including diagnosis and medical work restriction. Section 2. Other Leaves. Leaves of absence without pay may be granted in cases of personal emergency or when such absences would not be contrary to the best interest of the City. Non-disability prenatal and/or postpartum leave is available under this provision, but such leave shall not begin more than six months prenatal nor extend more than six months postpartum. Section 3. Accrued Vacation Credits. During unpaid leaves of absence for disability or other reasons, the employee may elect to use accrued vacation credits. Requests for DocuSign Envelope ID: 37BFA43A-E1A4-46FD-BD03-FCE115AB28BA 29 leaves without pay shall not be unreasonably denied. In order to avoid misunderstandings, all leaves without pay must be in writing to be effective. Section 4. Approval of Department Head. Leave of absence without pay for one week or less may be granted by the department head, depending on the merit of the individual case. Section 5. Approval by City Manager. Leave of absence without pay in excess of one week's duration may be granted by the City Manager on the merit of the case, but such leave shall not exceed twelve months' duration. Section 6. Absence Without Leave. Unauthorized leave of absence shall be considered to be without pay, and reductions in the employee's pay shall be made accordingly. Unauthorized leave of absence may result in termination of employment. Section 7. Leave of Absence; Death Outside the Immediate Family. Leave without pay may be granted a regular employee by his/her department head in the event of death to family members other than one of the immediate family, such leave to be granted in accordance with Section 2 and Section 4. Section 8. Military Leave of Absence. State law shall govern the granting of military leaves of absence and the rights of employees returning from such absence. Section 9. Use of paid accruals while on leave. During unpaid leaves of absence for disability or other reasons, the employee may elect and the City may require the employee to use accrued vacation paid leave credits in a manner consistent with state and federal law. Requests for leaves without pay shall not be unreasonably denied. In order to avoid misunderstandings, all leaves without pay must be in writing to be effective. ARTICLE XXXIII - LEAVES OF ABSENCE WITH PAY Section 1. City Manager Granted Leaves. The City Manager may grant a regular employee under his control a leave of absence with pay for a period not exceeding thirty calendar days for reasons he deems adequate and in the best interest of the City. Section 2. Council Granted Leave. The City Council may grant a regular employee a leave of absence with pay for a period not to exceed one year for reasons the Council considers adequate and in the best interest of the City. Section 3. Employee's Time Off to Vote. Time off with pay to vote at any general or direct primary election shall be granted as provided in the State of California Elections Code, and notice that an employee desires such time off shall be given in accordance with the provisions of said Code. DocuSign Envelope ID: 37BFA43A-E1A4-46FD-BD03-FCE115AB28BA 30 Section 4. Leaves of Absence; Death in Immediate Family. Leave of absence with pay of one shift with provision for approval of one additional shift for travel outside the area may be granted an employee by the Chief in the event of death in the employee's immediate family, which is defined for purposes of this section as wife, husband, son, son-in-law, daughter, daughter-in-law, father, mother, brother, brother-in-law, sister, sister-in-law, mother-in-law, father-in-law, grandfather, grandfather-in-law, grandmother, grandmother-in-law, uncle, aunt, registered domestic partner, or a close relative residing in the household of the employee. Such leave shall be at full pay and shall not be charged against the employee's accrued vacation or sick leave. Requests for leave in excess of two shifts shall be subject to the approval of the City Manager. Section 5. Jury Duty; Leave of Absence. Employees required to report for jury duty shall be granted a leave of absence with pay from their assigned duties until released by the court, provided the employee remits to the City all fees received for such duties other than mileage or subsistence allowances within thirty days from the termination of his or her jury service. ARTICLE XXXIV – VOLUNTEER LEAVE PROGRAM The City of Palo Alto has established a Firefighter Voluntary Leave Program to provide members of Local 1319 International Association of Fire Fighters (IAFF) employees the opportunity to donate their accrued vacation time to assist fellow members of IAFF either due to: (a) an employee’s own verifiable non-industrial catastrophic illness or injury (as defined herein) or (b) in order to care for a member of the employee’s immediate family (spouse, child, parent or registered domestic partner suffering from a verifiable catastrophic illness or injury) and have exhausted or will presently exhaust all of their paid leave. In order to be eligible to receive donated leave, an employee must have a catastrophic illness or injury or an employee’s immediate family member must have a catastrophic illness or injury that requires the employee to provide full-time care for this family member. Care will be taken to emphasize the voluntary nature of the plan and to insure confidentiality of employee participants and medical conditions (where applicable). A Firefighter Voluntary Leave Sharing Program has been established to accept donations of vacation in accordance with the Program’s guidelines. All donations shall be: 1. Voluntary 2. Irrevocable 3. Confidential, unless disclosure is required by law 4. In whole hour increments of at least four (4) hours, with the hours donated being converted to donee hours based on the donee’s salary rate (so that there will be no cost to the City due to salary differential). 5. The employee shall be required to exhaust all other types of leave to request donated leave DocuSign Envelope ID: 37BFA43A-E1A4-46FD-BD03-FCE115AB28BA 31 6. It is understood that employees seeking or receiving leave under this program will apply for long-term disability benefits for which they may be eligible 7. Where any of the period during which an employee receives donated leave is designated as family leave under the California Family Rights Act (CFRA/Family Medical Leave Act (FMLA), the employee will be eligible for continuation of medical and other available benefits during that the family leave period (for up to 12 weeks), in accordance with the requirements of those laws. If the employee receiving donated leave is not eligible for CFRA/FMLA benefit continuation, or after the employee has exhausted the available CFRA/FMLA leave period, the employee will need to pay the premiums for continued medical and other available benefits if the employee chooses to continue such coverages through the City 8. If the donation request is based on the need for an employee to care for an immediate family member, as defined above, the family member must require full-time care by the employee. Certification of this requirement by a health care professional is required 9. The maximum donated time a donee may receive is 12 months (if available). 10. Applications to donate leave or receive leave under this Program are made to the Human Resources Department 11. This is a pilot program and is subject to cancellation by either party IAFF members interested in donating leave or in applying to receive donated leave shall complete forms provided by the Human Resources Department. If an applicant for leave is found to meet the criteria set forth herein, Human Resources will determine the availability of and (as applicable) allocation of donated paid leave. Payroll will be notified in writing of the number of hours to be deducted from each donating employee’s vacation balance and transferred to the donee employee(s). The City reserves the right to modify or terminate this program at any time. Catastrophic Illness or Injury (also referred to as “medical emergency” in Revenue Ruling 90-29 and Sections 801(c) and 812 of the Merit Rules and Regulations): A non- occupational medical condition of an employee that will require the prolonged absence of the employee from duty and which will result in a substantial loss of income to the employee because the employee will have exhausted all paid leave available apart from the Voluntary Employee Leave sharing Program. Non-disability postpartum leave as referenced in Merit Rule 801(b) shall not be considered a catastrophic illness or injury under this Policy. ARTICLE XXXV- TUITION REIMBURSEMENT Section 1. Options. Effective July 1, 2004 the tuition reimbursement program was amended to provide each employee the option of receiving the $1,000 as taxable cash or as a contribution to DocuSign Envelope ID: 37BFA43A-E1A4-46FD-BD03-FCE115AB28BA 32 deferred compensation. The tuition reimbursement program will be eliminated effective July 1, 2012 with no further payouts starting in FY 12-13 and on-going. ARTICLE XXXVI - PER DIEM TRAVEL EXPENSES Section 1. City Business. Unless other mutually agreeable arrangements are made, representation unit employees who are required to travel away from the City on City business will receive travel expenses, according to City policies which are currently in effect. ARTICLE XXXVII - HOUSE FUND ITEMS Section 1. Station House Fund. The station house fund per year, per shift employee shall be $48.00. Section 2. Non-Food House Items. The City agrees to furnish and maintain each fire station with non-food house fund items: TV purchase and repair, the San Jose Mercury News, and the San Francisco Chronicle to be selected on an annual basis. Kitchen cooking utensils, small kitchen appliances and other specific items to be determined by mutual agreement of the parties will be purchased from the station house fund. The Fire Fighters agree to maintain the voter registration program. ARTICLE XXXVIII - PARKING Section 1. Entitlements. Employees in represented classes assigned to Civic Center or adjacent work locations shall be entitled to free parking in the Civic Center Garage, or a commute incentive which will be subject to meet and confer. Employees hired after July 1, 1994, may initially receive a parking permit for another downtown lot, subject to availability of space at the Civic Center Garage. Light duty employees assigned to the Civic Center will receive Civic Center parking temporary permits for the duration of the light duty assignment. ARTICLE XXXIX- GRIEVANCES The City and the Union agree to establish a grievance procedure as follows: 1. Definition: A grievance is any complaint or dispute regarding the application of interpretation of this Memorandum of Understanding, rules, regulations, policies or procedures relating to wages, hours or other terms and conditions of employment. DocuSign Envelope ID: 37BFA43A-E1A4-46FD-BD03-FCE115AB28BA 33 2. Any non-probationary employee represented by the Union may file and process a grievance. Such aggrieved employees may be represented by the Union or may represent themselves in preparing and presenting their grievance at any level of review. The Union may file a grievance when a Union right not directly related to an individual employee becomes subject to dispute. 3. Any retroactivity on monetary grievances shall be limited to the date of occurrence, except in no case will retroactivity be granted prior to three months before the grievance was filed in writing. 4. Written grievances shall be submitted on forms provided by the City or on forms which are mutually agreeable to the City and the Union. The Union shall deliver a copy of a written grievance to the Human Resources Department Director on the same date that it is first filed with another City representative under the provisions of the below grievance procedure. 5. The time limits specified in this section may be extended by mutual agreement in writing of the aggrieved employee or Union and the reviewer concerned. Should a decision not be rendered within a stipulated time limit, the aggrieved employee may immediately appeal to the next step. The grievance will be considered settled if the decision of any step is not appealed within the specified time limit. 6. If a grievance is related to a promotional process to positions within the representation unit, Step I shall be directed to the Deputy Fire Chief (or Fire Marshal for FPB positions). 7. Step I. The aggrieved employee will first attempt to resolve the grievance through informal discussions with the immediate supervisor by the end of the tenth business day following the discovery of the incident upon which the grievance is based. Every attempt will be made to settle the issue at this level. Step II. If the grievance is not resolved through informal discussion, it may be submitted in writing to the Battalion Chief (Deputy Fire Chief for Captain grievances) within ten business days of the informal discussion. The Battalion Chief/Assistant Fire Chief will have ten business days from receipt of the grievance to review the matter and prepare a written response. If the grievance is denied, the response shall contain the reasons therefore. Step III. If the grievance is not resolved in Step II, it may be submitted in writing to the Fire Chief within ten business days of receipt of the Battalion Chief's/ Deputy Fire Chief's written response. The Fire Chief will have ten business days from receipt of the grievance to review the matter and prepare a written response. If the grievance is denied, the response shall contain the reasons therefore. Step IV. If the grievance is not resolved in Step III, the aggrieved employee may submit the grievance to the City Manager for final determination or to binding DocuSign Envelope ID: 37BFA43A-E1A4-46FD-BD03-FCE115AB28BA 34 grievance arbitration. All Step IV appeals must be filed in writing at the Human Resources Department Office within ten business days of receipt of the Fire Chief's response under Step III. All hearings before the City Manager shall be pursuant to the rules and regulations set forth in the City of Palo Alto Merit Rules and Regulations. Hearings before an arbitrator will be as set forth below. In the event the aggrieved employee decides to proceed to arbitration, he/she shall select jointly with the Director of Human Resources an arbitrator. If the parties are unable to agree on an arbitrator, they shall jointly request a panel of five qualified and experienced arbitrators from the State Conciliation Service. Upon receipt of the list of arbitrators, the names shall be alternately struck until one name remains who shall serve as arbitrator. The arbitrator shall be jointly contacted by the parties. The arbitrator shall have jurisdiction and authority only to interpret, apply, or determine compliance with the provisions of the Memorandum of Agreement and such Merit System rules, regulations, policies, procedures, City ordinances or regulations relating to terms or conditions of employment, wages or fringe benefits, as may hereafter be in effect in the City insofar as may be necessary to the determination of grievances appealed to the arbitrator. The arbitrator shall be without power to make any decision: a. Regarding matters of interest. b. Contrary to, or inconsistent with or modifying in any way, the terms of this Memorandum of Agreement. c. Granting any wage increases or decreases. d. Granting pay or benefits for any period of time prior to the execution date of this Memorandum of Agreement. Where either party seeks arbitration and the other party claims the matter is not subject to the arbitration provisions of the Memorandum of Agreement, the issue of arbitrability shall first be decided by the arbitrator using the standards and criteria set forth in this Memorandum of Agreement. The arbitrator shall be without authority to require the City to delegate or relinquish any powers which by State law or City Charter the City cannot delegate or relinquish. Copies of the arbitrator's decision shall be submitted to the City and the aggrieved employee. All direct costs emanating from the arbitration procedure shall be shared equally by the City and the aggrieved employee or the Union. It is further agreed that the provisions of this section shall be incorporated as part of Chapter 11 of the City of Palo Alto Merit System Rules and Regulations. Existing procedures set forth in Chapter 11, to the extent they are inconsistent with the provisions contained herein, are superseded. DocuSign Envelope ID: 37BFA43A-E1A4-46FD-BD03-FCE115AB28BA 35 ARTICLE XL- SAFETY COMMITTEE Section 1. Committee A Safety Committee comprised of four representation unit members appointed by the Union, and at least two members of Management, will continue to meet. The Committee may make safety recommendations to the Fire Chief regarding equipment, vehicles and apparatus and may review all accidents involving represented personnel. Management shall inform the Safety Committee of all accidents involving injuries to represented personnel. ARTICLE XLI – MISCELLANEOUS Section 1. T-Shirts. The City will issue four T-shirts to each uniformed employee each July These T-shirts are for use on duty only and will be maintained by the employee. Section 2. Removal of Disciplinary Actions. Records of disciplinary actions shall be removed from the personnel file of a representation unit employee upon written request by the employee after a period of three years, or sooner if mutually agreed by the Fire Chief and the employee. ARTICLE XLII - FULL UNDERSTANDING Section 1. Full and Entire Understanding. The Memorandum of Agreement contains the full and entire understanding of the parties regarding the matters set forth herein. Section 2. Fair Labor Standards Act. Compensatory time off with Management approval may be used as an alternative to overtime compensation only within the 27-day work period within which the overtime is worked. Section 3. Severability. Should any of the provisions herein contained be rendered or declared invalid by reason of any existing State or Federal legislation or by reason of State or U.S. Supreme Court ruling, such invalidation of such part or portion of this Memorandum of Agreement shall not invalidate the remaining portions hereof, and they shall remain in full force and effect, insofar as such remaining portions are severable. Section 4. Good Faith. It is the intent of the parties that ordinances, resolutions, rules and regulations enacted pursuant to this Memorandum of Understanding be administered and observed in good faith. Section 5. Merit System Rules and Regulations. During the term of this Memorandum of Agreement, Management may propose certain changes in the City Merit System Rules and Regulations. With regard to such changes which pertain to the representation unit, the parties agree to review, and upon request, meet and confer regarding the changes. DocuSign Envelope ID: 37BFA43A-E1A4-46FD-BD03-FCE115AB28BA 36 Section 6. Station Consolidation or Relocation . During the term of this agreement, at management request, the parties agree to meet and confer with regard to issues pertaining to fire station consolidation or relocation. Section 7. Meet and Confer. Nothing in this agreement shall preclude the parties from mutually agreeing to meet and confer on any subject within the scope of representation during the term of this agreement. ARTICLE XLIII – 48/96 Work Schedule Pilot Program The City of Palo Alto (City) and the International Association of Fire Fighters, Local 1319 (Union) agree to have the City evaluate changing the Palo Alto Fire Department’s work schedule for 56-hour personnel from its current schedule to a “48/96” work schedule with the goal of implementing a pilot schedule change in January 2017, if the parties are in agreement and required administrative and technology changes can be implemented by this date. Upon ratification of a new Memorandum of Agreement, a Labor Management Committee (LMC), including representatives from the Union, Fire Management, the City Manager’s Office, Human Resources, and the Administrative Services Department, will meet to design and evaluate the possible implementation of a “48/96” work schedule that is FLSA compliant, cost neutral, meets the needs of the City and does not compromise the effectiveness of fire services. The goal will be for the Committee to complete preparation for the evaluation by October 1, 2016. If a schedule can be designed that is FLSA compliant, cost neutral and does not compromise service to the community, the parties agree to move forward with a pilot work schedule change. The City will begin making required administrative and technology changes in order to implement the pilot “48/96” work schedule by January 1, 2017. The actual date of implementation will be dependent upon the City’s ability to modify payroll, staff scheduling and any other related systems to support the new schedule. The initial “Pilot Program” is planned to run for the term of the MOA, but may be terminated at any time if is determined to have a negative impact on costs or workforce effectiveness. The Pilot will conclude at the end of the MOA unless the parties mutually agree to extend the Pilot or adopt the Pilot as the standard 56-hour work schedule. ARTICLE XLIV - DURATION This Memorandum of Agreement shall become effective upon adoption by the City Council for the period of July 1, 2014 through June 30, 2018. DocuSign Envelope ID: 37BFA43A-E1A4-46FD-BD03-FCE115AB28BA 37 EXECUTED: FOR: FOR: INTERNATIONAL ASSOCIATION CITY OF PALO ALTO OF FIRE FIGHTERS Ryan Stoddard, President Local 1319 James Keene, City Manager Nate Heydorff, Vice President Local 1319 Rumi Portillo, Human Resources Director Sunny Johnson-Gutter, Secretary Local 1319 Eric Nickel, Fire Chief Doug Slezak, Treasurer Local 1319 Geoffrey Blackshire, Deputy Fire Chief Sarah Wallace, General Board member Local 1319 Catherine Capriles, Deputy Fire Chief Stephen Lindsey, General Board member Local 1319 Amber Cameron, Senior Management Analyst Kyle Salisbury, General Board member Local 1319 Natalie Korthamar, Manager of Employee and Labor Relations Dennis Wallach, Mastagni, Holstedt APC Frank Lee, Senior HR Administrator Dania Torres Wong, Chief Negotiator Renne Sloan Holtzman & Sakai DocuSign Envelope ID: 37BFA43A-E1A4-46FD-BD03-FCE115AB28BA 38 DocuSign Envelope ID: 37BFA43A-E1A4-46FD-BD03-FCE115AB28BA 39 DocuSign Envelope ID: 37BFA43A-E1A4-46FD-BD03-FCE115AB28BA 40 DocuSign Envelope ID: 37BFA43A-E1A4-46FD-BD03-FCE115AB28BA 41 DocuSign Envelope ID: 37BFA43A-E1A4-46FD-BD03-FCE115AB28BA 42 DocuSign Envelope ID: 37BFA43A-E1A4-46FD-BD03-FCE115AB28BA 43 DocuSign Envelope ID: 37BFA43A-E1A4-46FD-BD03-FCE115AB28BA 44 DocuSign Envelope ID: 37BFA43A-E1A4-46FD-BD03-FCE115AB28BA Certificate Of Completion Envelope Id: 37BFA43AE1A446FDBD03FCE115AB28BA Status: Completed Subject: Please DocuSign: 2014-2018 IAFF MOA - track changes 03-29-15 - Emailed to IAFF - 6pm version.pdf Source Envelope: Document Pages: 44 Signatures: 8 Envelope Originator: Certificate Pages: 2 Initials: 0 Elizabeth Egli AutoNav: Enabled EnvelopeId Stamping: Enabled Time Zone: (UTC-08:00) Pacific Time (US & Canada) 250 Hamilton Ave Palo Alto , CA 94301 elizabeth.egli@cityofpaloalto.org IP Address: 199.33.32.254 Record Tracking Status: Original 3/30/2016 4:16:30 PM Holder: Elizabeth Egli elizabeth.egli@cityofpaloalto.org Location: DocuSign Signer Events Signature Timestamp Dennis Wallach dwallach@mastagni.com Security Level: Email, Account Authentication (None) Using IP Address: 71.198.233.24 Sent: 3/30/2016 4:27:03 PM Viewed: 3/30/2016 4:31:03 PM Signed: 3/30/2016 4:40:33 PM Electronic Record and Signature Disclosure: Not Offered via DocuSign ID: Doug Slezak Doug.Slezak@cityofpaloalto.org Security Level: Email, Account Authentication (None) Using IP Address: 199.33.32.254 Sent: 3/30/2016 4:27:02 PM Viewed: 3/30/2016 5:54:57 PM Signed: 3/30/2016 6:23:13 PM Electronic Record and Signature Disclosure: Not Offered via DocuSign ID: Kyle Salisbury Kyle.Salisbury@cityofpaloalto.org Security Level: Email, Account Authentication (None) Using IP Address: 166.176.59.204 Signed using mobile Sent: 3/30/2016 4:27:03 PM Viewed: 3/30/2016 5:54:15 PM Signed: 3/30/2016 5:58:16 PM Electronic Record and Signature Disclosure: Not Offered via DocuSign ID: Nate Heydorff Nate.Heydorff@cityofpaloalto.org Security Level: Email, Account Authentication (None) Using IP Address: 24.7.20.59 Signed using mobile Sent: 3/30/2016 4:27:01 PM Viewed: 3/30/2016 5:54:33 PM Signed: 3/30/2016 5:58:18 PM Electronic Record and Signature Disclosure: Not Offered via DocuSign ID: Signer Events Signature Timestamp Ryan Stoddard Ryan.Stoddard@cityofpaloalto.org Security Level: Email, Account Authentication (None) Using IP Address: 73.15.0.95 Sent: 3/30/2016 4:27:02 PM Viewed: 3/30/2016 5:27:53 PM Signed: 3/30/2016 5:45:40 PM Electronic Record and Signature Disclosure: Not Offered via DocuSign ID: Sarah Wallace Sarah.Wallace@cityofpaloalto.org Security Level: Email, Account Authentication (None) Using IP Address: 73.189.103.48 Signed using mobile Sent: 3/30/2016 4:27:03 PM Viewed: 3/30/2016 5:51:59 PM Signed: 3/30/2016 5:53:31 PM Electronic Record and Signature Disclosure: Not Offered via DocuSign ID: Stephen Lindsey Stephen.Lindsey@cityofpaloalto.org Security Level: Email, Account Authentication (None) Using IP Address: 70.214.3.114 Signed using mobile Sent: 3/30/2016 4:27:03 PM Viewed: 3/30/2016 4:41:37 PM Signed: 3/30/2016 10:25:42 PM Electronic Record and Signature Disclosure: Not Offered via DocuSign ID: Sunny Johnson-Gutter Sunny.JohnsonGutter@cityofpaloalto.org Security Level: Email, Account Authentication (None) Using IP Address: 73.71.166.132 Signed using mobile Sent: 3/30/2016 4:27:01 PM Viewed: 3/30/2016 5:54:19 PM Signed: 3/30/2016 5:55:59 PM Electronic Record and Signature Disclosure: Not Offered via DocuSign ID: In Person Signer Events Signature Timestamp Editor Delivery Events Status Timestamp Agent Delivery Events Status Timestamp Intermediary Delivery Events Status Timestamp Certified Delivery Events Status Timestamp Carbon Copy Events Status Timestamp Notary Events Timestamp Envelope Summary Events Status Timestamps Envelope Sent Hashed/Encrypted 3/30/2016 4:27:03 PM Certified Delivered Security Checked 3/30/2016 5:54:57 PM Signing Complete Security Checked 3/30/2016 10:25:42 PM Completed Security Checked 3/30/2016 10:25:42 PM Memorandum of Agreement City of Palo Alto and Palo Alto Police Management Association (PAPMA) January 11, 2016 – June 30, 2017 DocuSign Envelope ID: A2D6C293-2836-40E4-B304-A6EBD132F775DocuSign Envelope ID: 956DBB5D-E040-4C4B-838E-FFE740316FCC City of Palo Alto and PAPMA January 11, 2016 – June 30, 2017 Page 2 of 24 TABLE OF CONTENTS ARTICLE I – PREAMBLE .................................................................................................................... 4 Section 1 – Recognition. ............................................................................................................. 4 Section 2 – Non-Discrimination. ................................................................................................. 4 ARTICLE II – COMPENSATION ......................................................................................................... 4 Section 3 – Salary. ....................................................................................................................... 4 Section 4 – Working Out of Class Pay. ........................................................................................ 5 Section 5 – Night Shift Differential. ............................................................................................ 5 ARTICLE III – HEALTH CARE BENEFITS ............................................................................................. 5 Section 6 – Active Employee Health Plans. ................................................................................. 5 Section 7 – Dental Benefits. ........................................................................................................ 5 Section 8 – Vision Care. .............................................................................................................. 6 Section 9 – Basic Life Insurance. ................................................................................................ 6 Section 10 – Supplemental Life And AD&D Insurance. .............................................................. 6 Section 11 – Effective date of Coverage for New Employees..................................................... 6 ARTICLE IV – OTHER BENEFITS ........................................................................................................ 6 Section 12 – Holiday Compensation. ......................................................................................... 6 Section 13 – Vacation. ................................................................................................................ 6 Section 14 – Long Term Disability. .............................................................................................. 8 Section 15 – Dependent Care Assistance Program. ................................................................... 8 Section 16 – Medical Flexible Spending Program. ...................................................................... 8 Section 17 – Employee Assistance Plan. ..................................................................................... 8 Section 18 – Commute Incentives and Parking. ......................................................................... 8 Reopener. .................................................................................................................................... 9 ARTICLE V –RETIREMENT ................................................................................................................ 9 Section 19 – Retirement Benefits. .............................................................................................. 9 Section 20 – Retirement Medical Plan. .................................................................................... 10 Section 21 – ICMA - Retirement Health Savings Plan. ............................................................. 11 Section 22 – Deferred Compensation Program. ...................................................................... 11 ARTICLE VI – MANAGEMENT BENEFIT PROGRAM ........................................................................ 11 Section 23 – Professional Development Reimbursement. ....................................................... 11 Section 24 – Physical Examinations. ........................................................................................ 12 Section 25 – Excess Benefit. ...................................................................................................... 12 DocuSign Envelope ID: A2D6C293-2836-40E4-B304-A6EBD132F775DocuSign Envelope ID: 956DBB5D-E040-4C4B-838E-FFE740316FCC City of Palo Alto and PAPMA January 11, 2016 – June 30, 2017 Page 3 of 24 Section 26 – Management Annual Leave. ............................................................................... 13 ARTICLE VII – OPERATIONAL ISSUES ............................................................................................ 14 Section 27 – Management Assignments. ................................................................................. 14 Section 28 – Basic Work Schedules. ......................................................................................... 14 Section 29 – On Duty Workouts................................................................................................ 14 Section 30 – Take Home Emergency Response Vehicles. ......................................................... 14 Section 31 – Modified Duty Assignments. ................................................................................ 14 Section 32 – Meal Allowance. .................................................................................................. 14 Section 33 – Uniforms. .............................................................................................................. 15 ARTICLE VIII – ASSOCIATION AGREEMENTS ................................................................................. 15 Section 34 – Association Security. ........................................................................................... 15 Section 35 – Association Representative Access to Work Locations........................................ 16 Section 36 – Release Time. ....................................................................................................... 16 Section 37 – Use of City Facilities for Association Business. .................................................... 16 Section 38 – Payroll Deduction. ................................................................................................ 16 ARTICLE IX – LEAVE PROGRAMS ................................................................................................... 16 Section 39 – Sick Leave. ............................................................................................................ 16 Section 40 – Voluntary Catastrophic Leave Program. .............................................................. 18 Section 41 – Leave of Absence With Pay. ................................................................................ 18 Section 42 – Leave of Absence Without Pay. ........................................................................... 19 ARTICLE X – EMPLOYEE/EMPLOYER RELATIONS .......................................................................... 20 Section 43 – Probationary Period. ............................................................................................ 20 Section 44 – Disciplinary Action and Unsatisfactory Work or Conduct. ................................... 20 Section 45 – Grievance Procedure. ........................................................................................... 20 Section 46 – No Strikes. ............................................................................................................ 22 Section 47 – Reduction in Workforce. ..................................................................................... 23 ARTICLE XI – LOOKING FORWARD ................................................................................................ 23 Section 48 – Full Understanding. .............................................................................................. 23 Section 49 – Legal Compliance/Severability. ............................................................................ 23 Section 50 – Duration. .............................................................................................................. 23 APPENDIX A-1................................................................................................................................ 24 DocuSign Envelope ID: A2D6C293-2836-40E4-B304-A6EBD132F775DocuSign Envelope ID: 956DBB5D-E040-4C4B-838E-FFE740316FCC City of Palo Alto and PAPMA January 11, 2016 – June 30, 2017 Page 4 of 24 2016 - 2017 MEMORANDUM OF AGREEMENT City of Palo Alto and Palo Alto Police Managers' Association ARTICLE I – PREAMBLE This Memorandum of Agreement is pursuant to and subject to Sections 3500-3510 of the Government Code of the State of California, the Charter of the City of Palo Alto, and the City of Palo Alto Merit System Rules and Regulations. This Memorandum of Agreement made and entered into at Palo Alto, California, by and between the City of Palo Alto, a municipal corporation (hereinafter referred to as "City") and the Palo Alto Police Managers' Association (hereinafter referred to as "Association"), is intended to define agreements reached during the meet and confer process concerning wages, hours, working conditions, and other terms and conditions of employment for the represented group of employees. Section 1 – Recognition. On October 29, 2009, the City of Palo Alto certified the Palo Alto Police Managers' Association (Association) as a bargaining unit within the City. The City recognizes the Association as the exclusive representative of an employee group consisting solely of Police Lieutenants and Police Captains who are regularly employed by the City and others who might be amended into the representation unit from time to time under existing law and the Merit System Rules and Regulations. Section 2 – Non-Discrimination. The City and the Union agree that there shall be no discrimination of any kind because of age (over 40), race, creed, color, religion national origin, ancestry), veterans status, physical or mental disability, marital status, sexual orientation, sex (sexual, gender based or gender identity, pregnancy/childbirth), medical condition (cancer related and genetic characteristics), or on any other basis prohibited by applicable federal and State law against any employee or applicant for employment. The Association shall cooperate with the City, to the extent required by federal and State laws and regulations, in furthering the objective of Equal Employment Opportunities, as defined by Federal and State regulations. ARTICLE II – COMPENSATION Section 3 – Salary. Effective the first full pay period after ratification by the Association and City Council approval of the Side Letter, the base salary rates and ranges for classifications covered by this bargaining unit shall be increased as set forth in Appendix A-1 to reflect salary increases and market adjustments. If the parties reach agreement on an MOA that is approved by the City Council and ratified by the Union by June 30, 2016, the base salary rates and ranges for classifications covered by this DocuSign Envelope ID: A2D6C293-2836-40E4-B304-A6EBD132F775DocuSign Envelope ID: 956DBB5D-E040-4C4B-838E-FFE740316FCC City of Palo Alto and PAPMA January 11, 2016 – June 30, 2017 Page 5 of 24 bargaining unit shall be increased on June 30, 2016 and June 30, 2017 as set forth in Appendix A-1. If an MOA is not approved and ratified by June 30, 2016, salary increases and market adjustments shall be 0% for both June 30, 2016 and June 30, 2017. Section 4 – Working Out of Class Pay. Lieutenants or Captains fulfilling the role of an acting captain, assistant chief, or chief for individual shifts and/or a number of hours within a shift, shall not receive additional compensation. Periodically working in this capacity shall be deemed a basic duty within an employee's job description. Lieutenants and Captains working out of class for a period of one or more consecutive pay periods shall be compensated at the start of the second consecutive pay period with premium pay determined by the Chief of Police or his or her designee up to 10% of base pay. Section 5 – Night Shift Differential. Night shift differential shall be paid at the rate of 5% to all personnel for all hours worked between 6:00 p.m. and 8:00 a.m. ARTICLE III – HEALTH CARE BENEFITS Section 6 – Active Employee Health Plans. The maximum City contribution towards medical premiums for eligible full time employees per employee category shall be up to a maximum of the following for any plan: Medical Premium Category PEMHCA contribution* Additional City Contribution 2016 Total maximum City contribution* (effective pay period including January 11, 2016) Total maximum City contribution* (effective pay period including January 1, 2017) Employee only $125.00 $618.00 $743.00 $773.00 Employee + 1 $125.00 $1,360.00 $1,485.00 $1,544.00 Employee + 2 or more $125.00 $1,806.00 $1,931.00 $2,008.00 *Total City contribution includes both PEMHCA minimum contributions pursuant to Government Code section 22892 and an additional City contribution necessary to pay the cost of medical premiums up to the amount listed in the "Total maximum City contribution" columns above. This contribution amount is based on half of the eight percent historical trend. Section 7 – Dental Benefits. a) The City will maintain the present level of benefits on the City-sponsored dental program for current employees and their dependents, except that the maximum benefits per calendar year shall be $2,000 effective in 1988. Dental Coverage shall include composite (tooth colored) fillings for all teeth. Effective July I, 2007, the City will provide 50% of reasonable charges, $2,000 lifetime maximum orthodontic benefit for representation unit employees and their dependents. DocuSign Envelope ID: A2D6C293-2836-40E4-B304-A6EBD132F775DocuSign Envelope ID: 956DBB5D-E040-4C4B-838E-FFE740316FCC City of Palo Alto and PAPMA January 11, 2016 – June 30, 2017 Page 6 of 24 b) Dependents will include domestic partners, as defined in the Active Employee Domestic Partners Section below. c) During the term of the agreement, the City and the Union will work together to review benefit provisions of the City's self-funded dental program. The purpose of this review is to contain benefit cost increases. Joint recommendations will be prepared for discussion during successor agreement negotiations. d) Dental implants in conjunction with one or more missing natural teeth, and removal of dental implants will be covered as a Major Dental Service at 50% usual, customary and reasonable (UCR). Section 8 – Vision Care. The City will offer vision care coverage for employees and dependents. Coverage is equivalent to $20 deductible Plan A under the Vision Service Plan, with monthly premiums paid by the employer. Dependents will include domestic partners, as defined in the Active Employee Domestic Partners Section below. Section 9 – Basic Life Insurance. The City shall provide a basic group term life insurance with Accidental Death and Dismemberment (AD&D) coverage, in an amount equal to the employee's annual basic pay (rounded to the next highest $1,000) at no-cost to the employee. AD&D pays an additional amount equal to the employee's annual basic pay (rounded to the next highest $1,000). Section 10 – Supplemental Life And AD&D Insurance. An employee may, at his/her cost, purchase additional life insurance and additional AD&D coverage equal to one-or two-times his or her annual salary. The maximum amount of life insurance available to the employee is up to $325,000 and the maximum amount of AD&D coverage available is up to $325,000. Section 11 – Effective date of Coverage for New Employees. For newly hired regular employees coverage begins on the first day of the month following date of hire for the health plan, dental plan, vision care plan, and life insurance plans if these benefits are elected. ARTICLE IV – OTHER BENEFITS Section 12 – Holiday Compensation. Police Managers will receive the twelve (12) paid City holidays outlined in the City of Palo Alto Merit Rules. Section 13 – Vacation. a) Vacation Accrual. Vacation will be accrued when an employee is in pay status and will be credited on a bi-weekly basis. Total vacation accrual at any one time may not exceed three times the annual rate of accrual. Each eligible employee shall accrue vacation at the following rate for continuous service performed in pay status: 1. Less than nine (9) years - For employees completing less than nine (9) years continuous service; one hundred twenty (120) hours vacation leave per year. The City Manager may adjust the annual vacation accrual of employees hired on or DocuSign Envelope ID: A2D6C293-2836-40E4-B304-A6EBD132F775DocuSign Envelope ID: 956DBB5D-E040-4C4B-838E-FFE740316FCC City of Palo Alto and PAPMA January 11, 2016 – June 30, 2017 Page 7 of 24 after July 1, 2001 to provide up to forty (40) additional hours (i.e. to a maximum annual accrual of one hundred sixty (160) hours) for service with a prior employer. 2. Nine (9), but less than fourteen (14) years - For employees completing nine (9), but not more than fourteen (14) years continuous service; one hundred sixty (160) hours vacation leave per year. 3. Fourteen (14), but less than nineteen (19) years - For employees completing fourteen (14), but not more than nineteen (19) years continuous service; one hundred eighty (180) hours vacation leave per year. 4. Nineteen (19) or more years - For employees completing nineteen (19) or more years continuous service; two hundred (200) hours vacation leave per year. b) Vacation Use. Vacation use by police managers will be subject to approval by the Chief of Police or his/her designee. All reasonable efforts will be made to approve vacation requests while maintaining appropriate oversight of public safety operations. Employees shall complete six months continuous service before using accrued vacation leave. c) Vacation Cashout. Once each calendar year an employee may cash out eight (8) or more hours of vacation accrual in excess of eighty (80) hours from a minimum of eight (8) hours to a maximum of one hundred ( 120) hours, provided that the employee has taken at least eighty (80) hours of vacation in the previous twelve (12) months. Effective for the 2012 tax year and each subsequent year, employees must pre-elect an irrevocable number of vacation hours they will cash out during the upcoming year, up to a maximum of one hundred twenty (120) hours, prior to the start of the calendar year. Employees who do not pre-designate or elect to cash out hours will be deemed to have waived the right to cash out any vacation leave in the following year. Employees who pre-designate cash out amounts may request a cash out at any time in the designated tax year by submitting a cash out form to payroll. For employees who have not requested payment of pre-designated cash out amounts by November 1 of each year, Payroll will automatically cash out the pre-designated amount in a paycheck issued on or after November 1. d) Vacation Pay at Termination. DocuSign Envelope ID: A2D6C293-2836-40E4-B304-A6EBD132F775DocuSign Envelope ID: 956DBB5D-E040-4C4B-838E-FFE740316FCC City of Palo Alto and PAPMA January 11, 2016 – June 30, 2017 Page 8 of 24 Employees leaving the municipal service with accrued vacation leave shall be paid the amounts of accrued vacation to the date of termination. Payments for accrued vacation shall be at the employee's current rate of pay. e) Vacation Benefits for Deceased Employees. An employee who is eligible for vacation leave and who dies while in the municipal service shall have the amount of any accrued vacation paid to the employee's estate within thirty days. This proration will be computed at the last basic rate of pay. Section 14 – Long Term Disability. The City shall provide long term disability (LTD) insurance with a benefit of 2/3 monthly salary, up to a maximum benefit of $10,000 per month. The City shall pay the premium for the first $6,000 of base monthly salary. For employees whose base monthly salary exceeds $6,000, the employee shall pay the cost of the required premium based upon their monthly salary between $6,000 and $15,000. Section 15 – Dependent Care Assistance Program. The City will provide a Dependent Care Assistance Program for employees according to the provisions of the Federal Economic Recovery Act of 1981, Code Sections 125 and 129. The program will be available to representation unit employees beginning with pay period number 1 of 1992, and remain in effect subject to a reasonable minimum participation level and availability of third-party administrative services at a reasonable cost. Section 16 – Medical Flexible Spending Program. The City will provide a Medical Flexible Spending Program for Association members allowing them to use pre-tax deferrals for reimbursement of excess or uncovered medical, dental and vision expenses. The plan will follow existing plan guidelines and conform to all applicable laws and regulations. Section 17 – Employee Assistance Plan. The Employee Assistance Plan (EAP) provides employees with confidential personal counseling, work and family related issues, eldercare, substance abuse, etc. Section 18 – Commute Incentives and Parking. 1. Civic Center Parking. Employees assigned to Civic Center and adjacent work locations. The City will provide a Civic Center Garage parking permit. Employees hired after June 30, 1994 may initially receive a parking permit for another downtown lot, subject to the availability of space at the Civic Center Garage. 2. Alternative Commute Incentives: Employees who qualify may voluntarily elect one commute incentives, including but not limited to the following options, for those using an eligible commute alternative on 60% or more of their scheduled work days per month: a. Public Transit and Vanpool. The City provides tax-free commute incentives up to the current IRS limit, as may be amended from time to time, (currently $125/month) are available through the Commuter Check Direct (CCD) website for employees using Bay Area public transportation or riding in a registered vanpool at least 60% of their scheduled work days. Administration of the Commuter Check benefit shall be subject to the rules and regulations of the third- party administrator. DocuSign Envelope ID: A2D6C293-2836-40E4-B304-A6EBD132F775DocuSign Envelope ID: 956DBB5D-E040-4C4B-838E-FFE740316FCC City of Palo Alto and PAPMA January 11, 2016 – June 30, 2017 Page 9 of 24 b. Go Pass. The Go Pass program will offer civic center and other downtown-based employees a Caltrans Go Pass that allows unlimited rides on Caltrain in all zones seven days per week, to any City of Palo Alto employee. c. Bicycle. The City will provide employees with a tax-free incentive of $20 per month to eligible employees who ride a bicycle to work. d. Carpool. The City will provide with a taxable incentive of $30 per month to each eligible employee in a carpool with two or more licensed drivers. e. Walk. The City will provide employees with a taxable incentive of $20 per month to eligible employees who walk to work. Reopener. It is the City's interest to reduce single occupancy vehicle trips to the extent possible in order to address current challenges. During the term of this agreement, upon written request by the City, the parties shall meet and confer through the impasse process if necessary on changes to the City's commute incentive and parking program adopted by the City Council. ARTICLE V –RETIREMENT Section 19 – Retirement Benefits. A. "3%@50" Safety Retirement (Employees hired on or before December 7, 2012) For employees hired by the City of Palo Alto on or before December 7, 2012, the California Public Employees' Retirement System (CalPERS) retirement formula benefit known as the "3 percent at 50 (3%@50)," per California Government Code section 21362.2, shall continue in effect with the final salary determination for such employees of the "single highest one (1) year period" per California Government Code section 20042. All unit members in the 3% @ 50 safety retirement plan shall pay the full 9% CalPERS member contribution. This contribution is pre-tax to the extent allowable by law. B. Second Tier "3% at 55" Safety Retirement ("Classic" Employees) For those employees hired on or after December 8, 2012 through December 31, 2012 or are classic members as defined by CalPERS, the CalPERS retirement formula benefit known as the "3 percent at 55 (3%@55)," per Government Code section 21363.1, with the final salary determination for such employees of the "three (3) highest consecutive years" based on the highest average annual compensation earnable by the member during three (3) consecutive years of employment immediately preceding retirement or the three-year period otherwise designated by the member per Government Code section 20037. All unit members in the second tier shall pay the full 9% CalPERS member contribution. This contribution is pre-tax to the extent allowable by law. C. Third Tier "2.7% at 57” Safety Retirement (“New” PEPRA Employees) For those employees hired on or after January 1, 2013, the CalPERS retirement formula benefit known as "2.7 percent at 57 (2.7% at 57)," with the final salary determination for such employees of the "three (3) highest consecutive years." The initial contribution rate will be at least 50% of the normal cost rate at retirement as determined by CalPERS. This contribution is pre-tax to the extent allowable by law. DocuSign Envelope ID: A2D6C293-2836-40E4-B304-A6EBD132F775DocuSign Envelope ID: 956DBB5D-E040-4C4B-838E-FFE740316FCC City of Palo Alto and PAPMA January 11, 2016 – June 30, 2017 Page 10 of 24 D. Additional Employee PERS Contributions Effective as soon as administratively possible all employees regardless of pension formula in this unit shall, in addition to the Member Contribution required per CalPERS 20516 contract amendment, pay an additional 1 % towards the Employer share of Pension. Effective the pay period that includes June 30, 2016, all employees regardless of pension formula in this unit shall, in addition to the Member Contribution required, pay an additional I% towards the Employer share of Pension for a total of 2%. Effective the pay period that includes June 30, 2017, all employees regardless of pension formula in this unit shall, in addition to the Member Contribution required, pay an additional I% towards the Employer share of Pension for a total of 3%. Such contributions under CalPERS 20516 will be provided on a pre-tax basis to the extent allowable by law. Section 20 – Retirement Medical Plan. A. Retiree Medical Coverage for Unit Employees Hired Before January 1, 2004: Monthly City-paid premium contributions for a retiree-selected PEMHCA optional plan will be made in accordance with the Public Employees' Medical and Hospital Care Act Resolution for employees hired before January 1, 2004 as outlined below. For employees who retire before June 1, 2012, the City will pay up to the monthly medical premium for the 2nd most expensive plan offered to PMA employees among the existing array of plans. For employees who retire on or after June 1, 2012, The City contribution towards retiree medical shall be the same contribution amount it makes for active City employees. Effective upon ratification and adoption of this Agreement (Scheduled for January 11, 2016), the City shall provide active unit employees who were hired before January 1, 2004 with a one- time opportunity to opt-in to retiree health benefits provided under California Government Code section 22893. Eligible employees who wish to exercise this option shall inform the People, Strategy, and Operations department of their election in writing no later than 90 days following the ratification and adoption of this Agreement. B. 20-Year Vesting Schedule for Retiree Medical Coverage for Unit Employees Hired on or After January 1, 2004 and employees who chose to opt-in to retiree health benefits provided under California Government Code section 22893 as outlined above: The retiree health benefit provided in California Government Code section 22893 shall apply to all employees hired on or after January I, 2004 and employees who opt-in as outlined above. Under this law, an employee is eligible to receive Fifty (50) percent of benefit after ten (10) years; each additional service credit year after Ten (10) years will increase employer credit by Five (5%) percent until Twenty (20) years is reached at which time employee is eligible for One Hundred (100%) percent of annuitant-only coverage and Ninety (90%) percent of the additional premium for dependents. DocuSign Envelope ID: A2D6C293-2836-40E4-B304-A6EBD132F775DocuSign Envelope ID: 956DBB5D-E040-4C4B-838E-FFE740316FCC City of Palo Alto and PAPMA January 11, 2016 – June 30, 2017 Page 11 of 24 Section 21 – ICMA - Retirement Health Savings Plan. The City provides an ICMA retirement health savings plan for Association members. The ICMA retirement health savings plan is subject to applicable IRS rules and plan guidelines as well as any other applicable laws. Each Association member shall make a pre-tax contribution to the plan as follows: 1. Each member shall contribute 1% of their base salary bi-weekly into the plan. 2. Each member within 5 years of the minimum retirement age 50 shall contribute an additional I% of their base salary bi-weekly into the plan. 3. Upon retirement from the city, each member shall contribute the then cash value of 100 hours of vacation into the plan. 4. Failure by each member to contribute will deem the health savings plan out of compliance with IRS and plan guidelines. 5. The administrative fee shall be paid by the Association member. The manner and amount of contributions may be periodically modified by agreement of both parties. Section 22 – Deferred Compensation Program. The City will provide a Deferred Compensation Program for employees according to the provisions of the plans and applicable IRS guidelines. ARTICLE VI – MANAGEMENT BENEFIT PROGRAM Section 23 – Professional Development Reimbursement. The purpose of this program is to provide employees with resources to improve and supplement their job and professional skills. Reimbursement for authorized self-improvement activities may be granted to each Association employee up to a maximum of five hundred dollars ($500) per fiscal year. A departmental training fund of one thousand dollars per employee ($1,000) will be established for subject matter, leadership or other training that the Department Director identifies as a need for employees within that Department. The following items are eligible for reimbursement: a) Civic and professional association memberships b) Conference participation and travel expenses, which must occur within the compensation plan period. c) Educational programs, books and videos, and tuition reimbursement designed to maintain or improve the employee's skills in performing his or her job or future job opportunities, should support the City's mission or be necessary to meet the educational requirements for qualification for employment. Permissible educational expenses are refresher courses, courses dealing with current developments, academic or vocational courses, as well as the travel expenses associated with the courses as defined by the City's travel expense report from the Policy & Procedures Manual Section 1-02 ASD. d) Professional and trade journal subscriptions not to exceed 12 months. DocuSign Envelope ID: A2D6C293-2836-40E4-B304-A6EBD132F775DocuSign Envelope ID: 956DBB5D-E040-4C4B-838E-FFE740316FCC City of Palo Alto and PAPMA January 11, 2016 – June 30, 2017 Page 12 of 24 Approval will be at discretion of department head and signature is required on reimbursement form. Amounts under this professional development program will be pro-rated in the first year of employment or promotion. Section 24 – Physical Examinations. All management and professional employees are eligible to receive an annual physical examination as follows: a) Use the periodic health exam benefit as provided under the PERS Health Plan option you have selected. Each of the PERS Health Plans provides for a periodic physical examination. The examination must be performed by your primary care physician – unless he/she refers you to another physician. b) The types of tests and the frequency of the tests cannot exceed AMA guidelines. The guidelines are a suggested minimum based on research studies concerning preventative care. The judgment of your physician is the final determinant for your care. c) Any additional necessary asymptomatic tests that are required by your physician that are not covered by your health plan will be reimbursed by the City. Any symptomatic tests will be covered under your PERS Health Plan. The Reimbursement for Periodic Physical Exam Form is available on the Human Resources Intranet site. This benefit will not be pro-rated. Section 25 – Excess Benefit. This benefit is designed to meet the requirements of Section 125 of the Internal Revenue Code. Every calendar year, each employee will be provided with $2,500 annually that they can designate among the following options: a) Medical Flexible Spending Account (Medical FSA). Provides reimbursement for excess medical/dental/vision, or expenses that are incurred by employees and their dependents which are not covered or reimbursed by any other source, including existing City-sponsored plans. This includes prescribed medications and co-payments as well as over-the-counter drugs, including: antacids, allergy medicines, pain relievers and cold medicines. However, nonprescription dietary supplements (e.g. vitamins, etc.) toiletries (e.g. toothpaste), cosmetics (e.g. face cream), and items used for cosmetic purposes (e.g. Rogaine) are not acceptable. b) Dependent Care Flexible Spending Account (Dependent Care FSA). Provides reimbursement for qualified dependent care expenses under the City's Dependent Care Assistance Program (DCAP), subject to the following limits: Dependent care expenses will be reimbursed only to the extent that the amount of such expenses reimbursed under this Management Benefit Program, when added to the amount (if any) of annual dependent care expenses that the participant has elected under the City's Flexible Benefits Plan, do not exceed the maximum permitted under the DCAP. 1) The annual amount submitted for reimbursement cannot exceed the income of the lower-paid spouse. 2) The expenses must be employment-related expenses for the care of one or more dependents who are under 13 years of age and entitled to a dependent deduction DocuSign Envelope ID: A2D6C293-2836-40E4-B304-A6EBD132F775DocuSign Envelope ID: 956DBB5D-E040-4C4B-838E-FFE740316FCC City of Palo Alto and PAPMA January 11, 2016 – June 30, 2017 Page 13 of 24 under Internal Revenue Code section 151 (e) or a dependent who is physically or mentally incapable of caring for himself or herself. 3) The payments cannot be made to a child under 19 years of age or to a person claimed as a dependent. 4) If the services are provided by a dependent care center, the center must comply with all state and local laws and must provide care for more than six individuals (other than a resident of the facility). 5) Dependent care expenses not submitted under this section are eligible under the City Dependent Care Assistance Plan (DCAP). However, the maximum amount reimbursed under DCAP will be reduced by any amount reimbursed under the Excess Benefit Plan. c) Non-taxable Professional Development Spending Account. Provides reimbursement for Non-Taxable professional development expenses (e.g., job-related training and education, seminars, training manuals, etc.) to the extent they are not paid or reimbursed under any other plan of the City. d) Gym or Health Club Memberships. Provides reimbursement for annual or monthly memberships, including personal trainers. Reimbursement of this expense is taxable to the employee. e) Deferred Compensation. The $2,500 excess benefit provided in this section made on a one-time contribution basis on election by the employee towards the employee's City-sponsored 457 Deferred Compensation plan with either ICMA-RC or the Hartford. Amounts designated by employees to either the Medical FSA, Dependent Care FSA, or Professional Development options are done so on a "use -it-or-lose-it" basis. This means that any amounts designated and not used by the end of the calendar year ( or end of the extended grace period for the medical FSA) will be forfeited by the employee and returned to the plan. Specified amounts under this benefit will be applied on a pro-rata basis for employees who are part-time or who are in a management or professional pay status for less than the full fiscal year. Such benefits will be pro-rated in the first year of employment (based on hire date) but will not be pro-rated upon separation of employment. Section 26 – Management Annual Leave. At the beginning of each calendar year regular management employees will be credited with 80 hours of management annual leave. This leave is granted in recognition of the extra hours management employees work over their regular schedule. This leave may be taken as paid time off, added to vacation accrual (subject to vacation accrual limitations), taken as cash or taken as deferred compensation. When time off is taken under this provision, I 0-hour shift workers will receive one shift off for each 8 hours charged; 24-hour shift workers will receive one-half shift off for each 8 hours charged. Entitlement under this provision will be reduced on a prorated basis for part-time status, or according to the number of months in paid status during the fiscal year; employees who have DocuSign Envelope ID: A2D6C293-2836-40E4-B304-A6EBD132F775DocuSign Envelope ID: 956DBB5D-E040-4C4B-838E-FFE740316FCC City of Palo Alto and PAPMA January 11, 2016 – June 30, 2017 Page 14 of 24 used more than the pro-rated share at the time they leave City service shall be required to repay the balance or have it deducted from their final check. Unused balances as of the end of the calendar year will be paid in cash unless a different option as indicated above is elected by the employee. ARTICLE VII – OPERATIONAL ISSUES Section 27 – Management Assignments. The Chief of Police or his/her designee shall have the authority to make management assignments at his or her discretion. Where possible, these assignments should take into account the needs of the organization, development of the employee and individual employee desires. Section 28 – Basic Work Schedules. Generally, police managers will be expected to work flexible schedules and reasonably adjust their hours to oversee their employee groups, manage 24/7 law enforcement operations, perform routine work, complete daily assignments, and occasionally attend meetings or other events outside their normal work shifts. Basic work schedules will be the 4/10 schedule. Section 29 – On Duty Workouts. Police managers who complete the yearly Wellness Program requirements may participate in an on-duty workout for a reasonable period as determined by the Chief, as long as it does not interfere with the performance of the employee's job duties, for which the employee will remain accountable. Applicable guidelines and conditions are outlined in the Department's Wellness Program Policy which the City may change from time to time. Section 30 – Take Home Emergency Response Vehicles. Subject to approval by the City Manager and the Police Chief, Police Captains will continue the current take home emergency response vehicle program which allows for the immediate and emergent response to public safety incidents involving the City. The specific use and restrictions for driving these vehicles shall adhere to the guidelines outlined in the then current version of City Policy and Procedure 4-01. Section 31 – Modified Duty Assignments. In cases of non-work-related injury, illness or pregnancy, an employee, upon approval of the department head, City Risk Manager and the employee's doctor, may return to work or continue work with doctor-approved limited or alternative duty pursuant to Policy & Procedure 2-04. Approval for reasonable accommodation such as limited/alternative duty shall be based upon department ability to provide work consistent with medical limitations and the length of time of the limitations. The City doctor may be consulted in determining work limitations. Any assignment to a limited/alternative duty will be on a temporary basis. Section 32 – Meal Allowance. Police managers attending night meetings will be eligible for meal re-imbursement under the guidelines set forth in the then current version of City Policy and Procedure No. 1-02. DocuSign Envelope ID: A2D6C293-2836-40E4-B304-A6EBD132F775DocuSign Envelope ID: 956DBB5D-E040-4C4B-838E-FFE740316FCC City of Palo Alto and PAPMA January 11, 2016 – June 30, 2017 Page 15 of 24 Section 33 – Uniforms. a) The City will supply complete uniforms to all sworn personnel. All uniform items are the property of the City. One complete uniform consists of: (I) three pair of trousers, (2) three short-sleeved shirts with patches and zippers if desired, (3) three long-sleeved shirts with patches and zippers if desired, (4) three cotton or two synthetic fiber turtleneck shirts, (5) hat, (6) duty jacket with patches, (7) dress jacket with patches, (8) necktie, and (9) rain gear. b) At the time of initial employment, every sworn employee will be issued one complete uniform. Uniform items will be replaced on an as-needed basis subject to verification by management. c) The City shall provide uniform cleaning for sworn representation unit personnel. d) Personnel are accountable for all uniform items issued to them. If a particular item is lost or damaged due to employee negligence, the employee will be required to reimburse the City for value of the item(s) lost or damaged. e) The City shall reimburse employees for the full cost of job-related boots upon verification of such purchase by the employees. The City will make the reimbursement only upon proof that the previous boots have become unserviceable due to wear or damage. (Job-related boots shall mean well-constructed, high topped boots that provide full ankle and foot support, which are selected from list agreed to by Management and the Association.) Employees are responsible for the full cost of any low-top, black shoes that are worn with the uniform. ARTICLE VIII – ASSOCIATION AGREEMENTS Section 34 – Association Security. a) When a person is hired in any of the covered job classifications, the City shall notify that person that the Association is the recognized bargaining representative for the employee in said Unit and give the employee a current copy of the Memorandum of Agreement. b) If there is no disruption of work, members of the Association Board of Directors may use a reasonable amount of on-duty time without loss of pay to meet with Management specifically related to representation of employees. Such release time must be cleared in advance by the Chief (or his/her Designee) who is a member of management. For purposes of this section, representation shall include: (i) Meetings with represented employees or management related to a grievance or disciplinary action, including investigation and preparation time. (ii) A meeting with management related to benefits, working conditions or other terms and conditions of employment. DocuSign Envelope ID: A2D6C293-2836-40E4-B304-A6EBD132F775DocuSign Envelope ID: 956DBB5D-E040-4C4B-838E-FFE740316FCC City of Palo Alto and PAPMA January 11, 2016 – June 30, 2017 Page 16 of 24 Section 35 – Association Representative Access to Work Locations. Employee and non- employee representatives of the Association will be granted access to City work locations to conduct business related to the administration or negotiation of the parties' Memorandum of Understanding, as long as advance arrangements for such visits have been made with the affected department manager and no disruption of work occurs. Advance arrangement shall normally include not less than one hour's notice in the case of an employee Association representative, two hours in the case of non-employee Association representatives. Non- employee representatives must also notify the Human Resources Department Manager (or designee) of the time, date and location of the representative's intended visit. Section 36 – Release Time. The Association President or his or her-designee in the representation unit may use a reasonable amount of time without loss of pay for matters related to the bargaining process, labor relations, and administration of the MOA, violations of the MOA, grievances, disciplinary issues, and training for association members. Release time shall normally be approved in advance by the department head and must not detract from the performance of the representative's City job duties, for which he or she will remain accountable. Section 37 – Use of City Facilities for Association Business. Any use of City facilities shall be governed by the then current version of City Policy and Procedure No. 4-07. Section 38 – Payroll Deduction. The City shall deduct Association membership dues and any other mutually agreed upon payroll deduction from the bi-weekly pay of member employees. The dues deduction must be authorized in writing by the employee on an authorization card acceptable to the City and the Association. The City shall remit the deducted dues to the Association as soon as possible after deduction. ARTICLE IX – LEAVE PROGRAMS Section 39 – Sick Leave. a) Statement of Policy. Sick leave shall be allowed and used only in case of actual personal sickness or disability, medical or dental treatment, or as authorized in Subsection (i), personal business chargeable to sick leave. Up to 8 days sick leave per year may be used for illness in the immediate family (spouse, child, parent, parent-in-law, brother, sister, registered domestic partner, or close relative residing in the household of the employee). b) Eligibility. Regular and part-time employees shall be eligible to accrue and use sick leave. c) Accrual. Sick leave shall be accrued bi-weekly provided the employee has been in a pay status for 50 percent or more of a bi-weekly pay period. Sick leave shall be accrued at the rate of 3.7 hours per bi-weekly pay period. DocuSign Envelope ID: A2D6C293-2836-40E4-B304-A6EBD132F775DocuSign Envelope ID: 956DBB5D-E040-4C4B-838E-FFE740316FCC City of Palo Alto and PAPMA January 11, 2016 – June 30, 2017 Page 17 of 24 d) Accumulation. Sick leave accrual accumulation shall be limited to 1,000 hours with no payoff provision for unused balance at termination. e) Use. Sick leave may be used as needed and approved, to the point of depletion, at which time the employee will no longer receive pay for sick leave. A new employee may, if necessary, use up to forty-eight hours or shift equivalent of sick leave at any time during the first six months of employment. Any negative balances generated by such utilization will be charged against future accrual or deducted from final paycheck in the event of termination. An employee who has been disabled for 60 consecutive days and who is otherwise eligible both for payment under the long-term disability group insurance coverage and accrued sick leave benefits may, at his/her option, choose either to receive the long-term disability benefits or to utilize the remainder of his/her accrued sick leave prior to applying for long-term disability benefits. Sick leave will not be granted for illness occurring during any leave of absence other than sick leave, unless the employee can demonstrate that it was necessary to come under the care of a doctor while on such other leave of absence. When an employee finds it necessary to be absent for any reason, he/she should contact the Department as soon as possible, but no later than the start of the scheduled shift on the first working day of absence, and shall regularly report by the start of each subsequent shift unless hospitalized. Such reports may be subject to written documentation if there is reasonable evidence that sick leave abuse has occurred. Sick leave shall not be granted unless such report or advance accounting has been made, provided, however, that the department head may grant exception to this policy where the circumstances warrant. Documentation may also be required if there is a reasonable basis to believe that the employee may not be medically fit to return to work. f) Depletion of Sick Leave Benefits. Upon depletion of sick leave or the beginning of the period to be covered by payments under the long-term disability group insurance coverage, whichever comes first, an employee may be granted a medical leave of absence without pay for a period not exceeding sixty days. If the employee is unable to return to work at the end of this period, he/she must request further medical leave which will be subject to the approval of the City Manager. If further leave is granted, the employee must notify the City of intent to return to work every thirty days. If further leave is not granted, the employee's service with the City shall be considered terminated. g) Forfeiture Upon Termination. DocuSign Envelope ID: A2D6C293-2836-40E4-B304-A6EBD132F775DocuSign Envelope ID: 956DBB5D-E040-4C4B-838E-FFE740316FCC City of Palo Alto and PAPMA January 11, 2016 – June 30, 2017 Page 18 of 24 Employees leaving the municipal service shall forfeit all accumulated sick leave, except as otherwise provided by law. In the event that notice of resignation is given, sick leave may be used only through the day which was designated as the final day of work by such notice. h) Personal Business Leave Chargeable to Sick Leave. Employees may use up to twenty (20) hours of sick leave per calendar year for personal business. The scheduling of such leave is subject to the approval of the appropriate level of management. Section 40 – Voluntary Catastrophic Leave Program. If permitted by agreement between the City and the Palo Alto Police Officers' Association (P.O.A.) members of the Palo Alto Police Managers' Association representation unit may participate in the "Voluntary Leave Program" applicable to the P.O.A. representation unit to assist in maintaining the pay of an employee who is eligible by virtue of a qualifying catastrophic medical condition. Such participation, when authorized by City- P.O.A. agreement, shall be allowed only as long as the donors remain anonymous (unless disclosure is required by law). Otherwise, said program shall be governed by the conditions and restrictions set forth in the City-P.O.A. Memorandum of Agreement. Section 41 – Leave of Absence With Pay. The City Manager may grant a regular employee under his/her control a leave of absence with pay for a period not exceeding thirty calendar days for reasons he/she deems adequate and in the best interest of the City. The City Council may grant a regular employee a leave of absence with pay for a period not to exceed one year for reasons the Council considers adequate and in the best interest of the City. a) Subpoenas: leave of absence. Regular employees who are subpoenaed in their capacity as a City employee to appear as witnesses on behalf of the State of California or any of its agencies may be granted leaves of absence with pay from their assigned duties until released. The employee shall remit all fees received for such appearances to the City within thirty days from the termination of his or her services as a witness. Compensation for mileage or subsistence allowance shall not be considered as a fee and shall be retained by the employee. b) Employee's time off to vote. Pursuant to Elections Code section 14000, when the employee is unable to vote outside of the employee's work hours, up to two (2) hours' time off with pay to vote at any general or direct primary election shall be granted at the beginning or end of the employee's scheduled shift, whichever allows the most free time for voting and the least time off from the regular working shift. Such time off with pay to vote shall only be granted if the employee provides at least two working days' notice that time off for voting is desired, unless the nature of the employee's schedule prevents the employee from anticipating the need for time off to vote. c) Leave of absence; death in family. Leave of absence with pay of three (3) days shall be granted an employee by the head of his or her department in the event of death in the employee's family, but shall not exceed a total of DocuSign Envelope ID: A2D6C293-2836-40E4-B304-A6EBD132F775DocuSign Envelope ID: 956DBB5D-E040-4C4B-838E-FFE740316FCC City of Palo Alto and PAPMA January 11, 2016 – June 30, 2017 Page 19 of 24 six (6) paid work days per calendar year. For purposes of this section, family is defined as wife, husband, son, step-son, son-in-law, daughter, step-daughter, daughter-in-law, father, step- father, father-in-law, mother, step-mother, mother-in-law, brother, step-brother, brother-in- law, sister, step-sister, sister-in-law, grandmother, grandmother-in-law, grandfather, grandfather-in-law, grandchildren, aunt, uncle, niece, nephew, registered domestic partner, or a close relative residing in the household of the employee. Such leave shall be at full pay and shall not be charged against the employee's accrued vacation or sick leave. Requests for leave in excess of three (3) days shall be subject to the approval of the City Manager. Approval of additional leave will be based on the circumstances of each request with consideration given to the employee's need for additional time off. d) Jury duty: leave of absence. Employees required to report for jury duty shall be granted a leave of absence with pay from their assigned duties until released by the court, provided the employee remits to the City all fees received for such duties other than mileage or subsistence allowances within thirty days from the termination of his/her jury service. Section 42 – Leave of Absence Without Pay. a) Disability. Leaves of absence without pay may be granted in cases of disability not covered by sick leave. Pregnancy will be considered as any other disability. Leaves of absence for disability are subject to physicians' verification including diagnosis and medical work restriction. b) Other leaves. Leaves of absence without pay is at the discretion and approval of management. Unauthorized leave of absence/job abandonment may result in disciplinary action up to and including termination of employment. During unpaid leaves of absence for disability or other reasons, the employee may elect and the City may require the employee to use accrued paid vacation and sick leave in a manner consistent with state and federal law. All leaves without pay must be approved in advance and in writing by the department to be effective. c) Approval of department head. Leave of absence without pay for one week or less may be granted by the department head, depending on the merit of the individual case. d) Approval by City Manager. Leave of absence without pay in excess of one week's duration may be granted by the City Manager on the merit of the case, but such leave shall not exceed twelve months' duration. e) Absence without leave. Unauthorized leave of absence shall be considered to be without pay, and reductions in the employee's pay shall be made accordingly. Unauthorized leave of absence may result in termination of employment. DocuSign Envelope ID: A2D6C293-2836-40E4-B304-A6EBD132F775DocuSign Envelope ID: 956DBB5D-E040-4C4B-838E-FFE740316FCC City of Palo Alto and PAPMA January 11, 2016 – June 30, 2017 Page 20 of 24 f) Leave of absence; death outside the immediate family. Leave without pay may be granted a regular employee by his/her department head in the event of death to family members other than one of the immediate family, such leave to be granted in accordance with Subsections (b), (c), (d) and (e). g) Military leave of absence. State and federal law shall govern the granting of military leaves of absence and the rights of employees returning from such absence. ARTICLE X – EMPLOYEE/EMPLOYER RELATIONS Section 43 – Probationary Period. a) All original appointments to full-time or part-time regular municipal service positions shall be tentative and subject to a probationary period of twelve months for management employees b) The probationary period shall be regarded as part of the testing process and shall be utilized for closely observing the employees work, for securing the effective adjustment of a new employee to his/her position, and for rejecting any probationary employee whose performance does not meet the acceptable standards of work. c) A report of performance of each probationary employee shall be made by the department head and shown to the probationary employee on or before expiration of the probationary period. d) During the probationary period a new employee may be suspended, demoted or terminated at any time by the appointing authority without cause and without right of appeal or to submit a grievance. Section 44 – Disciplinary Action and Unsatisfactory Work or Conduct. Disciplinary action shall be governed by the City’s Merit Rules and Regulation, Palo Alto Police Department Policy 340 on Conduct, the Palo Alto Police Department Internal Affairs and Complaint Investigations Guidelines, and the Police Officer Procedural Bill of Rights Act. Section 45 – Grievance Procedure. a) The City and the Association recognize that early settlement of grievances is essential to sound employee-employer relations. The parties seek to establish a mutually satisfactory method for the settlement of employee grievances, or Association grievances, as provided for below. In presenting a grievance, the aggrieved and/or his or her representative is assured freedom from restraint, interference, coercion, discrimination or reprisal. b) Definition. A Grievance is: 1. An unresolved complaint or dispute regarding the application or interpretation of this Memorandum of Agreement 2. An appeal from a disciplinary action of any kind against an employee covered by this Memorandum of Agreement. DocuSign Envelope ID: A2D6C293-2836-40E4-B304-A6EBD132F775DocuSign Envelope ID: 956DBB5D-E040-4C4B-838E-FFE740316FCC City of Palo Alto and PAPMA January 11, 2016 – June 30, 2017 Page 21 of 24 c) Access to the Grievance Procedure. Except as otherwise provided in the Memorandum of Agreement for probationary employees, all employees represented by the Association may file and process a grievance. Such aggrieved employees may be represented by the Association or may represent themselves in preparing and presenting their grievance at any level of review. The Association may file a grievance when an Association right under this Memorandum of Agreement not directly related to an individual employee becomes subject to dispute. d) Conduct of Grievance Procedure. 1. The time limits specified in this Article may be extended by written mutual agreement of the aggrieved employee or the Association and the reviewer concerned. 2. If a decision is not rendered within a stipulated time limit, the aggrieved employee may immediately appeal to the next step. 3. The grievance will be considered settled if the decision at any step is not appealed within the specified time limit. 4. The aggrieved employee or the Association and Human Resources Director may mutually agree in writing to waive any step of the grievance procedure. 5. Written grievances shall be submitted on forms provided by the City or on forms that are mutually agreeable to the City and the Association. 6. Any retroactive monetary arbitrator award or settlement by mutual agreement shall not extend more than ninety (90) days before the date that the grievance was filed in writing at Step 2 below. The following steps shall apply: Step I. The aggrieved employee will first attempt to resolve the grievance through informal discussions with his or her immediate supervisor by the end of the tenth working day following the discovery of or the incident upon which the grievance is based. Every attempt will be made to settle the issue at this level. (Note: For purposes of time limits, the working days are considered to be Monday through Friday, exclusive of City holidays.) Appeals of disciplinary action should be processed through the procedures outlined in Step 2-3 of the Grievance Procedure. Step II. If the grievance is not resolved through the informal discussion, the employee will reduce the grievance to writing and submit copies to the department head or his/her designee within ten (10) working days of the discussion with the immediate supervisor. The department head or his/her designee shall have ten (10) working days from the receipt of a written grievance to review the matter and prepare a written statement. Step III. If the grievance is not resolved at Step II, the aggrieved employee may choose between final and binding resolution of the grievance through appeal to the City Manager or through appeal to final and binding grievance arbitration. For the term of this Memorandum of Agreement, appeals to final and binding arbitration may be processed only with Association DocuSign Envelope ID: A2D6C293-2836-40E4-B304-A6EBD132F775DocuSign Envelope ID: 956DBB5D-E040-4C4B-838E-FFE740316FCC City of Palo Alto and PAPMA January 11, 2016 – June 30, 2017 Page 22 of 24 approval. All Step III appeals must be filed in writing at the Human Resources Department Office within ten (10) working days of receipt of the Step II appeal. If the aggrieved employee elects final and binding resolution by the City Manager, the City Manager will choose the methods he or she considers appropriate to review and settle the grievance. The City Manager shall render a written decision to all parties directly involved within ten working days after receiving the employee's appeal. If the aggrieved employee elects final and binding arbitration in accordance with this provision, the parties shall mutually select an arbitrator. In the event the parties cannot agree on an arbitrator, they shall mutually request a panel of five arbitrators from the California State Conciliation Service or from the American Arbitration Association if either party objects to the State Conciliation Service, and select an arbitrator by the alternate strike method. The arbitrator shall have jurisdiction and authority only to interpret, apply, or determine compliance with the provisions of this Memorandum of Agreement and such Merit System Rules, regulations, policies, procedures, City ordinances, resolutions relating to terms or conditions of employment, wages or fringe benefits, as may hereafter be in effect in the City insofar as may be necessary to the determination of grievances appealed to the arbitrator. The arbitrator shall be without power to make any decision: 1) Regarding matters of interest. 2) Contrary to, or inconsistent with or modifying in any way, the terms of this Memorandum of Agreement. 3) Granting any wage increases or decreases. The arbitrator shall be without authority to require the City to delegate or relinquish any powers which by State law or City Charter the City cannot delegate or relinquish. If either party seeks arbitration and the other party claims the matter is not subject to the arbitration provisions of this Memorandum of Agreement, the issue of arbitrability shall first be decided by the arbitrator using the standards and criteria set forth in this section and without regard to the merits of the grievance. If the issue is held to be arbitrable, the arbitration proceedings will be recessed for up to five working days during which the parties shall attempt to resolve the grievance. If no resolution is reached, the arbitrator will resume the hearing and hear and resolve the issue on the merits. Copies of the arbitrator's decision shall be submitted to the City, the aggrieved employee and the Association. All direct costs emanating from the arbitration procedure shall be shared equally by the City and the aggrieved employee or the Association. Section 46 – No Strikes. The Association, its representatives, or members, shall not engage in or cause, instigate, encourage, sanction, or condone a strike, withholding of services, concerted abuse of leave of absence provisions, work stoppage or work slowdown of any kind. No employee shall refuse to cross any picket line in the conduct of Police Department business, nor DocuSign Envelope ID: A2D6C293-2836-40E4-B304-A6EBD132F775DocuSign Envelope ID: 956DBB5D-E040-4C4B-838E-FFE740316FCC City of Palo Alto and PAPMA January 11, 2016 – June 30, 2017 Page 23 of 24 shall the Association, its representatives, or members discriminate in any way toward anyone who refuses to participate in a strike, or any of the job actions cited above. Section 47 – Reduction in Workforce. In the event of reductions in force, they shall be accomplished wherever possible through attrition. If the work force is reduced in the Association, the City will give an employee impacted by a potential lay off 30 days' notice prior to any reduction in force. ARTICLE XI – LOOKING FORWARD Section 48 – Full Understanding. This Memorandum of Agreement contains the full and entire understanding of the parties regarding the matters set forth herein. The parties agree that they shall each carry out their responsibilities under the MOA in good faith. Section 49 – Legal Compliance/Severability. If any provision herein contained is rendered or declared invalid by reason of existing State or Federal legislation or by reason of State Supreme Court or U. S. Supreme Court ruling, such invalidation of such part or portion of this Memorandum of Agreement shall not invalidate the remaining portions hereof, and they shall remain in full force and effect, insofar as such remaining portions are severable. Section 50 – Duration. The term of this Agreement shall commence on January 11, 2016 and shall expire on June 30, 2017. FOR: FOR: Palo Alto Police Management Association City of Palo Alto Ron Watson James Keene, City Manager April Wagner Rumi Portillo, Human Resources Director Dania Torres Wong, Chief Negotiator Renne Sloan Holtzman Sakai Dennis Burns, Police Chief Natalie Korthamar, Manager of Employee and Labor Relation Frank Lee, Senior HR Administrator DocuSign Envelope ID: A2D6C293-2836-40E4-B304-A6EBD132F775DocuSign Envelope ID: 956DBB5D-E040-4C4B-838E-FFE740316FCC City of Palo Alto and PAPMA January 11, 2016 – June 30, 2017 Page 24 of 24 APPENDIX A-1 DocuSign Envelope ID: A2D6C293-2836-40E4-B304-A6EBD132F775DocuSign Envelope ID: 956DBB5D-E040-4C4B-838E-FFE740316FCC Certificate Of Completion Envelope Id: A2D6C293283640E4B304A6EBD132F775 Status: Completed Subject: Please DocuSign: PMA MOA draft 03-07-16.pdf Source Envelope: Document Pages: 24 Signatures: 1 Envelope Originator: Certificate Pages: 1 Initials: 0 Elizabeth Egli AutoNav: Enabled EnvelopeId Stamping: Enabled Time Zone: (UTC-08:00) Pacific Time (US & Canada) 250 Hamilton Ave Palo Alto , CA 94301 elizabeth.egli@cityofpaloalto.org IP Address: 199.33.32.254 Record Tracking Status: Original 3/29/2016 2:14:16 PM Holder: Elizabeth Egli elizabeth.egli@cityofpaloalto.org Location: DocuSign Signer Events Signature Timestamp April Wagner April.Wagner@cityofpaloalto.org Security Level: Email, Account Authentication (None) Using IP Address: 199.33.32.254 Sent: 3/29/2016 2:17:34 PM Viewed: 3/29/2016 3:43:52 PM Signed: 3/30/2016 7:11:06 PM Electronic Record and Signature Disclosure: Not Offered via DocuSign ID: In Person Signer Events Signature Timestamp Editor Delivery Events Status Timestamp Agent Delivery Events Status Timestamp Intermediary Delivery Events Status Timestamp Certified Delivery Events Status Timestamp Carbon Copy Events Status Timestamp Notary Events Timestamp Envelope Summary Events Status Timestamps Envelope Sent Hashed/Encrypted 3/29/2016 2:17:34 PM Certified Delivered Security Checked 3/29/2016 3:43:53 PM Signing Complete Security Checked 3/30/2016 7:11:06 PM Completed Security Checked 3/30/2016 7:11:06 PM DocuSign Envelope ID: 956DBB5D-E040-4C4B-838E-FFE740316FCC Certificate Of Completion Envelope Id: 956DBB5DE0404C4B838EFFE740316FCC Status: Completed Subject: Please DocuSign: PMA MOA 2016.pdf Source Envelope: Document Pages: 25 Signatures: 1 Envelope Originator: Certificate Pages: 1 Initials: 0 Elizabeth Egli AutoNav: Enabled EnvelopeId Stamping: Enabled Time Zone: (UTC-08:00) Pacific Time (US & Canada) 250 Hamilton Ave Palo Alto , CA 94301 elizabeth.egli@cityofpaloalto.org IP Address: 199.33.32.254 Record Tracking Status: Original 4/1/2016 12:44:15 PM Holder: Elizabeth Egli elizabeth.egli@cityofpaloalto.org Location: DocuSign Signer Events Signature Timestamp Ron Watson Ron.Watson@cityofpaloalto.org Security Level: Email, Account Authentication (None) Using IP Address: 199.33.32.254 Sent: 4/1/2016 12:47:52 PM Viewed: 4/4/2016 9:27:43 AM Signed: 4/4/2016 9:32:04 AM Electronic Record and Signature Disclosure: Not Offered via DocuSign ID: In Person Signer Events Signature Timestamp Editor Delivery Events Status Timestamp Agent Delivery Events Status Timestamp Intermediary Delivery Events Status Timestamp Certified Delivery Events Status Timestamp Carbon Copy Events Status Timestamp Notary Events Timestamp Envelope Summary Events Status Timestamps Envelope Sent Hashed/Encrypted 4/1/2016 12:47:52 PM Certified Delivered Security Checked 4/4/2016 9:27:43 AM Signing Complete Security Checked 4/4/2016 9:32:04 AM Completed Security Checked 4/4/2016 9:32:04 AM Palo Alto Peace Officers' Association Memorandum of Agreement July 1, 2014-June 30, 2018 City of Palo Alto and PAPOA July 1, 2014 – June 30, 2018 ii TABLE OF CONTENTS PREAMBLE 1 Section 1. Recognition 1 Section 2. No Discrimination 1 Section 3. Association Security 2 Section 4. Payroll Deduction 2 Section 5. No Strikes 2 Section 6. Probationary Period 3 Section 7. Salary Provisions 4 Section 8. Night Shift Differential 9 Section 9. Paid Holidays 9 Section 10. Working Out of Class Pay 10 Section 11. Retention/Career Incentive Program (Special Compensation) 10 Section 12. Dependent Care Assistance Program 11 Section 13. Court Pay 11 Section 14. Health Plans 12 Section 15. Dental Benefits 15 Section 16. Life Insurance Benefits 16 Section 17. Effective date of Coverage for New Employees 16 Section 18. Retirement Benefits 16 City of Palo Alto and PAPOA July 1, 2014 – June 30, 2018 iii Section 19. Retirement Medical Plan 18 Section 20. Psychological Counseling Program 19 Section 21. Uniforms 20 Section 22. Work Schedule 20 Section 23. Overtime Pay and Compensatory Time Off 33 Section 24. Overtime Sign-Up 34 Section 25. Jury Duty 36 Section 26. Vacation Accrual 36 Section 27. Use of Vacation 36 Section 28. Vacation Pay at Termination 38 Section 29. Vacation Benefits for Deceased Employees 38 Section 30. Effect of Extended Military Leave 38 Section 31. Sick Leave 38 Section 32. Leaves of Absence Without Pay 41 Section 33. Leave of Absence With Pay 42 Section 34. Reduction in Force 43 Section 35. Agents 43 Section 36. Commute Incentives and Parking in Civic Center Garage 43 Section 37. Disciplinary Action and Unsatisfactory Work or Conduct 44 Section 38. Grievance Procedure 46 Section 39. Bulletin Boards and Telephones 50 City of Palo Alto and PAPOA July 1, 2014 – June 30, 2018 iv Section 40. Access to Association Representatives 50 Section 41. Meeting Places 50 Section 42. Voluntary Leave Program: 50 Section 43. Utilization of Reserves for Field Services Division Events 52 Section 44. Overtime Meals for Investigative Services Division 53 Section 45. Hiring Incentives 53 Section 46. Full Understanding 53 Section 47. Printed Agreement 54 Section 48. Duration 54 City of Palo Alto and PAPOA July 1, 2014 – June 30, 2018 1 MEMORANDUM OF AGREEMENT CITY OF PALO ALTO and PALO ALTO PEACE OFFICERS' ASSOCIATION July 1, 2014 - June 30, 2018 PREAMBLE This Memorandum of Agreement is pursuant to and subject to Sections 3500-3510 of the Government Code of the State of California, the Charter of the City of Palo Alto, and the City of Palo Alto Merit System Rules and Regulations. (This Memorandum of Agreement made and entered into at Palo Alto, California, by and between the City of Palo Alto, a municipal corporation (hereinafter referred to as "City") and the Palo Alto Peace Officers' Association, Incorporated, a California corporation (hereinafter referred to as "Association"), is intended to define agreements reached during the meet and confer process concerning wages, hours, working conditions, and other terms and conditions of employment for the represented group of employees. Section 1. Recognition The City recognizes the Association as the exclusive representative of an employee group consisting solely of Police Officer Trainees, Police Officers, Police Agents, and Police Sergeants who are regularly employed by the City and others who might be amended into the representation unit from time to time under existing law and the Merit System Rules and Regulations. Section 2. No Discrimination (a) The Association and the City hereby agree that there shall be no discrimination because of race, color, age, handicap, sex, sexual orientation, national origin, political or religious affiliation under this Agreement. There shall be no discrimination in employment conditions or treatment of employees on the basis of membership or non-membership in the Association, or participation in the lawful activities of the Association. (b) The Association and the City hereby agree to protect the rights of all employees to exercise their free choice to join the Association and to abide by the express provisions of applicable State and local laws. City of Palo Alto and PAPOA July 1, 2014 – June 30, 2018 2 Section 3. Association Security (a) When a person is hired in any of the covered job classifications, the City shall notify that person that the Association is the recognized bargaining representative for the employee in said Unit and give the employee a current copy of the Memorandum of Agreement. (b) If there is no disruption of work, members of the Association Board of Directors may use a reasonable amount of on-duty time without loss of pay to attend to Association business specifically related to representation of employees. Such release time must be cleared in advance by the appropriate division manager who is a member of management. For purposes of this section, representation shall include: (i) Meetings with represented employees or management related to a grievance or disciplinary action, including investigation and preparation time. (ii) A meeting with management related to benefits, working conditions or other terms and conditions of employment. Section 4. Payroll Deduction The City shall deduct Association membership dues and any other mutually agreed upon payroll deduction from the bi-weekly pay of member employees. The dues deduction must be authorized in writing by the employee on an authorization card acceptable to the City and the Association. The City shall remit the deducted dues to the Association as soon as possible after deduction. Section 5. No Strikes The Association, its representatives, or members, shall not engage in or cause, instigate, encourage, sanction, or condone a strike, withholding of services, concerted abuse of leave of absence provisions, work stoppage or work slowdown of any kind. No employee shall refuse to cross any picket line in the conduct of Police Department business, nor shall the Association, its representatives, or members discriminate in any way toward anyone who refuses to participate in a strike, or any of the job actions cited above. City of Palo Alto and PAPOA July 1, 2014 – June 30, 2018 3 Section 6. Probationary Period (a) The probationary period for new employees entering the classifications of Police Academy Trainee or Police Officer shall end 12 months following the successful completion of Police Academy training. The probationary period for lateral entry positions, where Police Academy training is waived, shall be 12 months. (b) The probationary period shall be regarded as part of the testing process and shall be utilized for closely observing all aspects of the employee's qualifications, for ensuring the effective adjustment of a new employee to the position and for rejecting any probationary employee who in the opinion of management is not suitable to attain permanent status. (c) During the probationary period a new employee may be terminated at any time by the appointing authority without cause. The existence of cause for termination shall not be arbitrable. Probationary employees shall not be terminated for reasons that violate Section 2. No Discrimination, of this Agreement, or for reasons that are unconstitutional or unlawful. (d) Probationary Period for New Supervisors (1) The probationary period for newly promoted Agents and Sergeants shall end 12 months from the effective date of the promotion, excluding time off due to any unscheduled absence or leave. (2) The probationary period shall be regarded as part of the testing process and shall be utilized for closely observing all aspects of the employee’s qualifications, for ensuring the effective adjustment of a newly promoted employee to the position and for rejecting any newly promoted probationary employee who in the opinion of management is not suitable to attain permanent status in the newly promoted rank. (3) During the promotional probationary period the newly promoted employee shall successfully complete 80 hours of in-house transition training pursuant to the guidelines contained in the Supervisor field Training Program Manual. City of Palo Alto and PAPOA July 1, 2014 – June 30, 2018 4 (4) During the 12 month promotional probationary period the newly promoted employee shall be evaluated by his/her direct supervisor on a quarterly basis. (5) Any on-going and/or significant perceived deficiencies in the probationary employee’s work performance or supervisory aptitude shall be promptly communicated to the employee. When appropriate, the employee shall be provided with additional training and given opportunities to demonstrate their performance in response to the training. Such perceived deficiencies, any related training, and performance improvement or lack of response to training shall be documented by the employee’s supervisor and recorded in the employee’s quarterly evaluation for the quarter(s) in which the matter was addressed. (6) During the promotional probationary period, a newly promoted employee may be demoted to their previous rank at any time by the appointing authority if the employee demonstrates a lack of suitability for the newly promoted position. The demotion shall be based upon deficiencies in the performance or aptitude that have been addressed and documented as outlined in subsection (5). The existence of cause for demotion shall not be arbitrable. Promotional probationary employees shall; not be demoted for reasons that violate Section 2 of the Memorandum of Agreement, No Discrimination; or for reasons that are unconstitutional or unlawful. (7) In the event that management elects to demote an employee during his or her probationary period, pursuant to subsection (6), the affected employee may request a hearing with the Chief of Police. The hearing shall be held promptly and prior to the intended effective date of demotion, so as to afford the employee with a meaningful and timely opportunity to respond to the stated reason(s) for demotion. Section 7. Salary Provisions (a) General Salary Increase. Effective on the first day of the first pay period after the adoption of this MOA by the City Council, salary ranges of all represented classifications will be increased by two and a half percent (2.5%). (b) Market Equity Adjustment: Effective on the first day of the first pay period after adoption of this MOA by the City Council, salary ranges of all represented classifications will be increased by three percent (3%). City of Palo Alto and PAPOA July 1, 2014 – June 30, 2018 5 (c) General Salary Increase. Effective pay period including June 30, 2016 salary ranges of all represented classifications will be increased by two and a half percent (2.5%). (d) Market Equity Adjustment: Effective the pay period including June 30, 2016, salary ranges of all represented classifications will be increased by two and two tenth of a percent (2.2%). (e) General Salary Increase. Effective pay period including June 30, 2017, salary ranges of all represented classifications will be increased by two and a half percent (2.5%). (f) Total Compensation Market Study. The City will conduct a Total Compensation Market Study by November 15, 2017. The Total Compensation Market Study will be done on the Police Officer classification using the benchmark agencies and compensation criteria listed below (Total Compensation and Survey Database). Data shall reflect the compensation data in effect at each of the benchmark agencies as of November 15, 2017. If the Total Compensation Market Study shows that the Palo Alto Police Officer classification is below the median of the Total Compensation Market Study, then effective the pay period that includes December 31, 2017, the City shall increase salary ranges of all represented classifications by an amount necessary to get the Police Officer classification to get to median, up to a maximum adjustment of two and one-half percent (2.5%). Total Compensation and Survey Database Management and the Union have agreed to a compensation survey database structure. Survey Cities include: Alameda, Berkeley, Concord, Fremont, Hayward, Milpitas, Mountain View, Redwood City, San Leandro, San Mateo, Santa Clara, Vallejo, and Walnut Creek. Compensation Criteria includes: top step salary, maximum longevity, maximum education/POST, uniform allowance, holiday pay, deferred compensation, employee pick up of employer pension costs (Negative EPMC), and maximum City paid benefits (medical, dental, vision, life insurance, LTD, and EAP). The database is intended to provide one source of information concerning how the compensation paid to employees in bargaining unit job classifications compares to that paid by other employers. (g) Salary Steps & Ranges (Eligibility) City of Palo Alto and PAPOA July 1, 2014 – June 30, 2018 6 New officers attending the basic police academy will be compensated at the “Police Trainee” level. Academy Graduates and Lateral Officers with less than two years experience will be compensated at the “Police Officer” “Step 3” Level. Jr. First Class Exam: Officers become eligible to take the exam anytime after they complete the Field Training Program. However, the pay increase will not become effective until they have successfully completed the test and have been with the department for a year from the academy graduation (Laterals a year from hire date). The pay increase for Jr. First Class is compensated at the “Police Officer” “Step 4” level (Approximate 5% Increase). First Class Exam: Officers become eligible to take the exam any time after they have successfully completed the Jr. First Class Exam. However, the pay increase will not take effect until one year from the date of the merit increase for the Jr. First Class exam. (Lateral officers’ pay increase may be effective one year from the date of hire) The pay increase for First Class is compensated at the “Police Officer” “Step 5” Level (Approximate 5% Increase). (h) POST Certificate/Incentives Basic Post: Officers become eligible upon completion of their probationary period. The certificate must be obtained within 18 months of hire date. (No Salary Increase) Intermediate POST: Officers are eligible based on a combination of years of service and education as follows. (1) Two Years & a bachelor’s degree (2) Four Years & an associate degree or 45 training credits and 45 educational credits. (3) Six Years & 30 training credits and 30 educational credits. (4) Eight Years & 15 training credits and 15 educational credits. The pay increase for Intermediate POST Certificates is compensated at the “Police Officer/ Inter” Level. (Approximate 5% Increase). Advanced POST: Officers are eligible based on a combination of years of service and education as follows. City of Palo Alto and PAPOA July 1, 2014 – June 30, 2018 7 (1) Four Years & a master’s degree. (2) Six Years & a bachelor’s degree. (3) Nine Years & an associate’s degree or 45 training credits and 45 educational credits. (4) Twelve Years & 30 training credits and 30 educational credits. The pay increase for Advanced POST Certificates is compensated at the “Police Officer/ Adv” Level. (Approximate 2.5% Increase). Training credits are computed as one credit for every 20 hours of approved course. Education credits are equivalent to 1 point for each semester unit from an accredited college/university or 2/3 of a point for each quarter unit. Military time may be used for service time as approved by POST on a case-by- case basis. Officers are responsible for contacting Personnel & Training in order to arrange taking tests and application for POST certificates. (i) Special assignment premium pay Effective with the pay period including July 1, 2001, biweekly premium pay for employees assigned to the indicated specialties will be as follows: Field Training Premium: 5% of base pay per pay period. Applies to management-assigned Officers and Agents and Traffic Team members during each pay period in which they provide training to police recruits, Community Service Officers or Level II reserve officers who are working on their Level I certificate. Applies to management-assigned FTO Sergeants during each pay period in which they supervise assigned FTO Officers or Agents who are actively training police recruits, Community Service Officers or Level II reserve officers who are working on their Level I certificate. K-9 Program Premium: 5% of base pay per pay period, Effective January 1, 2008, K-9 Officers/Agents shall receive 5% of base pay per pay period to compensate for the time spent by the K-9 Officer/Agent outside regularly scheduled work hours to feed, groom, house, exercise, attend to the City of Palo Alto and PAPOA July 1, 2014 – June 30, 2018 8 medical and dental needs of and otherwise maintain the dog. Bilingual Premium: 5% of base pay per pay period. Applies to representation unit employees certified by management as proficient in other languages as outlined below. (i) Approved Languages Spanish, Chinese (Mandarin and Cantonese), Japanese, Tagalog, Korean, Vietnamese, Russian, American Sign Language, and such other languages as determined by management. (ii) Proficiency Requirements Officers, Agents, and Sergeants who pass a basic “first responder” proficiency test administered by a professional linguist will be eligible for bilingual pay. This proficiency test will be a one time test to ensure the candidate has the ability to verbally communicate (with the exception of American Sign Language) as a first responder in the selected Language. First responder proficiency will include, but is not limited to, the ability to take basic crime and accident reports; issue a citation and explain the court process; complete a field interview card; give directions; give a Miranda admonition; and generally be able to communicate with a non-English speaking person in need of basic police services. Study material will be provided by the City to all employees to assist in test preparation. (iii) Testing Process In order to best accommodate the wide range of languages, proficiency testing will be conducted by professional linguists outside the Police Department that have been agreed upon by the Association and Management. A basic first responder proficiency exam has been developed based upon the needs of the organization. The City will pay for the initial test for each employee. Employees who do not pass the initial test may retest as many times as necessary. However, subsequent tests will be at the employee’s expense. City of Palo Alto and PAPOA July 1, 2014 – June 30, 2018 9 Section 8. Night Shift Differential (a) Night shift differential shall be paid at the rate of 5% to all FSD personnel for all hours worked between 6:00 p.m. and 8:00 a.m. (b) All employees covered under Section 23(d) working a regular shift between 7:00 a.m. and 7:00 p.m. shall receive 5% night shift premium for hours worked between 7:00 p.m. and 7:00 a.m. Vacation and administrative leave pay for employees who regularly work night shifts shall include appropriate night shift premiums, relating to night shift hours regularly worked. Shift adjustment hours for employees who regularly work the 4-11 work schedule shall include the appropriate night shift premium based on the percentage of usual night shift hours worked to regular hours. Section 9. Paid Holidays (a) All represented employees on leave of absence without pay shall not receive in-lieu holiday accrual during such leave, or any compensation for holidays occurring during such leave. (b) Effective with the pay period following adoption of this MOA, employees shall not receive paid holidays, but in lieu thereof shall receive 3.462 hours straight time pay, while in a pay status, to a maximum payment of ninety (90) hours per year. In-lieu hours may be taken as pay or time off. Eligible employees will elect, at the beginning of each fiscal year, the manner in which the in-lieu hours will be taken. Hours under this provision will accrue each pay period while in a pay status and will be paid semi-annually in June and December. If time off is elected under this provision, such time off may be taken to the maximum of current accrual balances and subject to management scheduling approval. Employees working non-field services assignments shall be eligible to use accrued holiday time for any of the following recognized City holidays: January 1 Third Monday in January Third Monday in February Last Monday in May July 4 First Monday in September City of Palo Alto and PAPOA July 1, 2014 – June 30, 2018 10 Second Monday in October November 11 Thanksgiving Day Day after Thanksgiving Day December 25 Either December 24 or December 31, see below Additionally, effective with the pay period following adoption of this MOA, in lieu of restoring Holiday pay to 120 hours, salary ranges of all represented classifications will be increased by 1.44%. Section 10. Working Out of Class Pay Officers, Agents and Sergeants working out of class for a period of two or more consecutive pay periods (28 days) shall be compensated with the following premium pay; Officers and Agents working as an Acting Sergeant: 7% of base pay Sergeants working as an Acting Lieutenant: 10% of base pay Agents, and Sergeants fulfilling the role of an Acting Sergeant and/or Acting Lieutenant for individual shifts and/or a number of hours within a shift, shall not receive additional compensation. Periodically working in this capacity shall be deemed a basic duty within an employee’s job description. Section 11. Retention/Career Incentive Program (Special Compensation) (a) Retention/Career Incentive Program On July 1, 2007 the City will initiate a Retention/Career Incentive Program. It is recognized that hiring, training, and retaining qualified law enforcement personnel is becoming increasingly difficult, time consuming, and very expensive. This program is designed to provide greater incentives for hiring new employees, retaining long- term employees, and attracting quality lateral candidates from other law enforcement agencies. This program will provide special compensation in the form of premium pay at various levels as employees reach different career milestones. Both parties acknowledge that in the 2007 negotiations, the cost of the program was partially offset through salary and/or benefit reductions agreed to elsewhere in this Memorandum of Agreement. City of Palo Alto and PAPOA July 1, 2014 – June 30, 2018 11 All employees with more than 5 years of service shall receive special compensation in the form of retention pay at 3% of straight time base pay. More than 10 years service shall receive special compensation in the form of retention pay at 6% of straight time base pay. Maximum under this provision is 6%. As an incentive to recruit and hire lateral law enforcement personnel from other agencies, the following shall apply. At the Chiefs discretion, up to 5 years of full time law enforcement service may be counted towards the years of service outlined above. Special Compensation/Retention Pay outlined in the Retention/Career Incentive Program shall be deemed PERSable for the purpose of income and retirement however will not be a factor when calculating overtime compensation. (b) Performance Improvement Plans (Retention Incentive Disqualification) Employees on a Performance Improvement Plan will not receive compensation under the Retention/Career Incentive Program. Employees will be removed from the Retention/Career Incentive Program in the pay period following the implementation of the Performance Improvement Plan. Employees will begin receiving Retention/Career Incentive Compensation in the pay period after the successful conclusion of the Performance Plan. Employees will retain their right to use the grievance process as outlined in Section 39 as it pertains to the loss of compensation outlined above. Section 12. Dependent Care Assistance Program The City will provide a Dependent Care Assistance Program for employees according to the provisions of the Federal Economic Recovery Act of 1981, Code Sections 125 and 129. The program will be available to representation unit employees beginning with pay period number 1 of 1992, and remain in effect subject to a reasonable minimum participation level and availability of third-party administrative services at a reasonable cost. Section 13. Court Pay Sworn Police Personnel appearing in court or in an administrative forum in the course and City of Palo Alto and PAPOA July 1, 2014 – June 30, 2018 12 scope of their normal duties will be compensated according to the following: Period Rate Minimum (a) Scheduled day off. Time and one-half 4 hours (b) During scheduled shift or immediately preceding or following a shift Straight time during shift. Time and one-half for period before or after scheduled shift. None (c) Appearance on a scheduled work day by employees of Team #3 (prior to 12 p.m.) Time and one-half 3 hours (d) Appearance on a scheduled work day by employees of Team #4 or Team #5 Time and one-half 3 hours (e) All other court appearances Time and one- half 3 hours Section 14. Health Plans \\\(a) PEMHCA Health Plan During the term of this contract, the maximum City contribution towards medical premiums for eligible full time employees per employee category shall be up to a maximum of the following for any plan: City of Palo Alto and PAPOA July 1, 2014 – June 30, 2018 13 Effective with the first pay period including January 1, 2016, the City’s total maximum contribution towards medical premiums for eligible part time employees shall be prorated based on the number of hours per week the part-time employee is assigned to work. *PEMHCA minimum changes per statutory determination as of 2016. Any increases to the PEMHCA minimum during the term of this contract will result in a Medical Premium Category PEMHCA contribution* Up to a Total Maximum City Contribution Effective January 1, 2016 Up to a Total Maximum City Contribution Effective January 1, 2017 Up to a Total Maximum City Contribution Effective January 1, 2018 Employee only $125.00 90% of monthly premium for plan selected by employee Not to exceed 90% of the second most expensive plan premium $773.00 $804.00 Employee plus one $125.00 90% of monthly premium for plan selected by employee Not to exceed 90% of the second most expensive plan premium $1,544.00 $1,606.00 Employee Family $125.00 90% of monthly premium for plan selected by employee Not to exceed 90% of the second most expensive plan premium $2,008.00 $2,088.00 City of Palo Alto and PAPOA July 1, 2014 – June 30, 2018 14 corresponding decrease to the amount of the additional City contribution, so that the total maximum City contribution never exceeds the amount listed in the “Total Maximum City Contribution” columns above. If the State of California or federal government requires the City to participate and contribute toward coverage under any medical plan outside of PEMHCA including but not limited to the Affordable Care Act, the City’s total liability for enrolled employees and retirees and their eligible family members shall not exceed what the City would have paid toward PEMHCA coverage in the absence of such state or federal plan. The parties will meet and confer over the impact of such change on matters within the scope of representation before implementing any change. (b) Vision Care The City will offer vision care coverage for employees and dependents. Coverage is equivalent to $20 deductible Plan A under the Vision Service Plan, with monthly premiums paid by the employer. Dependents will include domestic partners, as defined under Section 16 (c). (c) Active Employee Domestic Partners Active employee domestic partners whose domestic partnership is registered with the State of California may add their domestic partner as a dependent to their elected health plan coverage if the domestic partnership is registered with the Secretary of State. Active employee domestic partners whose domestic partnership is not registered with the State, but who meet the requirements of the City of Palo Alto Declaration of Domestic Partnership, and are registered with the Human Resources Department, will be eligible for a stipend of two hundred eighty four dollars ($284.00) per month toward the cost of an individual health plan. Evidence of premium payment will be required with request for stipend. (d) Alternative Medical Benefit Program If a regular employee and/or the employee’s dependent(s) are eligible for and elect to receive medical insurance through any other non-City of Palo Alto employer-sponsored or association-sponsored medical plan, the Employee may choose to waive his/her right to the City of Palo Alto’s medical insurance and receive cash payments in the amount of two hundred eighty four dollars ($284) for each month City coverage is waived. City of Palo Alto and PAPOA July 1, 2014 – June 30, 2018 15 Examples of waivers eligible for this payment are: • Employee waives all applicable City medical coverage; or • Employee is eligible to enroll his or her spouse or domestic partner and waives medical coverage for the spouse or domestic partner; or • Employee has additional eligible dependents and waives family-level medical coverage. Participation must result in a health insurance cost savings to the City and payments per employee shall not exceed a total of two hundred eighty four dollars ($284.00) per month. To participate in the program the employee and dependents must be eligible for coverage under PEMHCA medical plans, complete a waiver of medical coverage form, and provide proof of eligible alternative medical coverage. Payments will be made in the employee’s paycheck beginning the first month following the employee’s completion of the waiver form. Payments are subject to state and federal taxes and are not considered earnings under PERS law. Employees are responsible for notifying the City of any change in status affecting eligibility for this program (for example, life changes affecting dependent’s eligibility for medical coverage through the employee) and will be responsible for repayment of amounts paid by the City contrary to the terms of this program due to the employee’s failure to notify the City of a change in status. (e) Dual Coverage When a City employee is married to another City employee each shall be covered only once (as an individual or as a spouse of the other City employee, but not both) and dependent children, if any, shall be covered by only one spouse Section 15. Dental Benefits (a) The City will maintain the present level of benefits on the City-sponsored dental program for current employees and their dependents, except that the maximum benefits per calendar year shall be $2,000 effective in 1988. Dental Coverage shall include composite (tooth colored) fillings for all teeth. (b) The City provides a 50% of reasonable charges, $2,000 lifetime maximum orthodontic benefit for representation unit employees and their dependents. (c) Dependents will include domestic partner, as defined under Section 15 (c). City of Palo Alto and PAPOA July 1, 2014 – June 30, 2018 16 (d) Dental implants in conjunction with one or more missing natural teeth, and removal of dental implants will be covered as a Major Dental Service at 50% usual, customary and reasonable (UCR). Section 16. Life Insurance Benefits The City agrees to continue the basic life insurance plan as currently in effect for the term of this Memorandum of Agreement. Section 17. Effective date of Coverage for New Employees For newly hired regular employees coverage begins on the first day of the month following date of hire for the health plan, dental plan, vision care plan, and life insurance plans if these benefits are elected. Section 18. Retirement Benefits (a) Safety Pension Group A: “3% at 50” Safety Retirement The City will continue the present benefits under the Public Employees’ Retirement System (PERS) “3 percent at 50” (3% @ 50) Retirement Formula per California Government Code §21362.2 for employees hired before the effective date of the “3 percent at 55” (3% @ 55) formula for new hires as described herein. The final year compensation for employees hired under the 3% at 50 formula will continue to be the “single highest year” or the highest average annual compensation earnable by the member during one (1) year of employment immediately preceding retirement or the one-year period otherwise designated by the member (Government Code 20042). Current employees continued to be covered under Government Code 20692, Employer Paid Member Contribution, to the extent there is a City paid member contribution in the final (b) Safety Pension Group B: 3% at 55 Safety Retirement Effective December 7, 2012, the City amended its contract with CalPERS to provide employees hired on or after that date who are not “new members” of CalPERS as defined in the Public Employees’ Pension reform act (often referred to as “Classic” CalPERS members) with the CalPERS retirement formula three percent of final salary at age 55 (3% at 55), with the final salary determination for such employees of “three highest consecutive years” based on the highest average annual compensation earnable by the member during three (3) consecutive years of employment immediately preceding retirement or the three year period otherwise City of Palo Alto and PAPOA July 1, 2014 – June 30, 2018 17 designated by the member (Government Code Section 20037). This new tier also eliminated Section 20692, Employer Paid Member Contribution. (c) Safety Pension Group C: 2.7% at Age 57 Safety Retirement Employees hired on or after January 1, 2013 meeting the definition of “new member” under the Public Employees’ Pension Reform Act (Gov’t. Code s. 7522 et seq.) shall be subject to all of the provisions of that law, including but not limited to the two point seven percent at age 57 (2.7%@57) retirement formula with a three year final compensation period. (d) Employee Share of PERS Contribution Employees in all sworn represented classes in Pension Groups A and B described above will make the 9% PERS member contributions by payroll deduction. Employees in all sworn represented classes in Pension Group C described above shall pay the employee contribution required by the Public Employees’ Pension Reform Act, currently calculated at fifty percent (50%) of the normal cost. Trainees will pay the same employee contribution as miscellaneous members while attending Basic Academy (see section (g) below). The City will continue to provide for member contributions to be made as allowed under the provisions of IRS Code §414(h)(2). (e) Additional Employee PERS Contributions • Effective as soon as administratively possible all employees regardless of pension formula in this unit shall, in addition to the Member Contribution required per CalPERS 20516 contract amendment, pay an additional 1% towards the Employer share of Pension. • Effective the pay period that includes June 30, 2016 or as soon as administratively possible but no sooner than June 30, 2016, all employees regardless of pension formula in this unit shall, in addition to the Member Contribution required, pay an additional 1% towards the Employer share of Pension for a total of 2%. • Effective the pay period that includes June 30, 2017, all employees regardless of pension formula in this unit shall, in addition to the Member Contribution required, pay an additional 1% towards the Employer share of Pension for a total City of Palo Alto and PAPOA July 1, 2014 – June 30, 2018 18 of 3%. • Additional employee PERS contribution under CalPERS 20516 will be provided on a pre-tax basis to the extent allowable by law. (f) 1959 Survivor Benefit The City will continue to provide the basic level (Level 1) of 1959 Survivor Benefit to eligible employees in accordance with California Government Code §21571. (g) Military Service Credit The City’s contract with the Public Employees' Retirement System provides for Section 20930.3, Military Service Credit as Public Service. (h) Retirement Privileges All retired employees and spouses of deceased employees shall have residential privileges at City libraries, refuse disposal area, golf course, and swimming pools. (i) PERS Status While in Basic Academy. While an employee is attending Basic Academy, he or she shall participate in the City’s PERS Miscellaneous Employee retirement plan with the same employee and employer contribution rates as applies to Miscellaneous City employees represented by SEIU (classified unit). When the employee successfully completes Basic Academy and is sworn in by the Police Chief, he or she shall prospectively participate in the PERS Safety Employee retirement plan. Section 19. Retirement Medical Plan (a) Retiree Medical Coverage - Employees hired before January 1, 2006 who have not voluntarily elected to participate in the Retirement Healthcare Benefits provided in Government Code section 22893: Monthly City-paid premium contributions for a retiree-selected PEMHCA optional plan will be made in accordance with the Public Employees' Medical and Hospital Care Act Resolution for employees who retire on or before December 31, 2007. Effective March 1, 2009, for an employee retiring on or after that date, the City will pay up to the monthly medical premium for the second most expensive plan among the existing array of plans during the Agreement term. Effective April 1, 2015, for an City of Palo Alto and PAPOA July 1, 2014 – June 30, 2018 19 employee retiring on or after that date, the City contribution shall be the same contribution amount it makes for active City employees. The parties mutually agree that the benefits provided in this paragraph for employees retiring on or after April 1, 2015 will fluctuate from time to time based on the City’s contributions to health care for active employees. Accordingly, Association members who retire on or after April 1, 2015 and have not elected to participate in the Retirement Healthcare Benefits provided in Government Code section 22893, do not maintain a vested interest in any particular contribution by the City above the amount required under the PEMHCA. (b) Retiree Medical Coverage - Employees who voluntarily elect to participate in Government Code section 22893, and all Employees hired on or after January 1. 2006: The CalPERS vesting schedule set forth in California Government Code § 22893 will apply to all Association members hired on or after January 1, 2006, and employees hired prior to January 1, 2006 who voluntarily elect to participate in the Retirement Healthcare Benefits provided in Government Code § 22893. Under this law, an employee is eligible for 50% of the specified employer health premium contribution after ten (10) years of service credit, provided at least five (5) of those years were performed with the City of Palo Alto. After ten (10) years of service credit, each additional year of service credit will increase the employer contribution percentage by 5% until, at twenty (20) years' service credit, the employee will be eligible upon retirement for 100% of the specified employer contribution. However, the maximum contribution for family members will be 90% of the specified employer contribution. Notwithstanding any other term of this section, the City of Palo Alto's health premium contribution for employees hired on or after January 1, 2006, and employees who voluntarily elect to participate in Retirement Healthcare Benefits provided by Government Code § 22893, will be the minimum contribution set by CalPERS under California Government Code § 22893 based on a weighted average of available health plan premiums. Section 20. Psychological Counseling Program The psychological counseling program currently in effect shall be continued. The program shall provide 24-hour emergency counseling by independent professional consultants. City of Palo Alto and PAPOA July 1, 2014 – June 30, 2018 20 Section 21. Uniforms (a) The City will supply complete uniforms to all sworn personnel. All uniform items are the property of the City. One complete uniform consists of: (1) three pair of trousers, (2) three short-sleeved shirts with patches and zippers if desired, (3) three long-sleeved shirts with patches and zippers if desired, (4) three cotton or two synthetic fiber turtleneck shirts, (5) hat, (6) duty jacket with patches, (7) dress jacket with patches, (8) necktie, and (9) rain gear. (b) At the time of initial employment, every sworn employee will be issued one complete uniform. Uniform items will be replaced on an as-needed basis subject to verification by management. (c) The City shall provide uniform cleaning for sworn representation unit personnel. (d) Personnel are accountable for all uniform items issued to them. If a particular item is lost or damaged due to employee negligence, the employee will be required to reimburse the City for value of the item(s) lost or damaged. (e) The City shall reimburse employees for the full cost of job-related boots upon verification of such purchase by the employees. The City will make the reimbursement only upon proof that the previous boots have become unserviceable due to wear or damage. (Job-related boots shall mean well-constructed, high topped boots that provide full ankle and foot support, which are selected from list agreed to by Management and the Association.) Employees are responsible for the full cost of any low-top, black shoes that are worn with the uniform. Section 22. Work Schedule (a) Field Services Division 4/11 Schedule The patrol schedule will have two sides, “A-Side” and “B-Side.” There will be ten patrol teams each supervised by a Sergeant or Acting Sergeant under the management of patrol lieutenants. Five Patrol teams will work an “A” schedule and five Patrol teams will work a “B” schedule. Patrol officers, agents, and sergeants will report for duty promptly at the designated times for each team. Patrol team schedules are as follows. City of Palo Alto and PAPOA July 1, 2014 – June 30, 2018 21 Patrol Division Team Schedules A-Side B-Side Team 1A 0500 to 1600 Team 1B 0500 to 1600 Team 2A 0700 to 1800 Team 2B 0700 to 1800 Team 3A 1400 to 0100 Team 3B 1400 to 0100 Team 4A 1800 to 0500 Team 4B 1800 to 0500 Team 5A 2000 to 0700 Team 5B 2000 to 0700 Team’s 2A, 3A, and 4A are designated as field training teams. (1) 4/11 Work Schedule The work schedule will be based on an eight (8) day cycle with each employee working four (4) consecutive days on and having four (4) consecutive days off. The eight (8) day cycle will advance the employee’s workdays and days off within the calendar week one day every cycle. The overall cycle repeats itself every eight (8) weeks. Over the course of a year (26 pay periods) each employee works 182 eleven (11) hour regular patrol shifts totaling 2002 hours, 78-hours short of the required fulltime equivalent work year of 2080 hours. In the Patrol Division and with the approval of the Patrol Captain, a maximum of two (2) paired “fixed days” schedules (4 Employees) may be established, at the employees’ request. The regularly scheduled hours of work for such a position must cover the days off of the position with which it is paired. For example, one position could have Sunday, Monday, and Tuesday off while the other could have Thursday, Friday, and Saturday off. It shall be the responsibility of employees interested in a paired fixed day schedule to identify another employee who is willing to participate in the paired arrangement. If either employee or the Department desires to terminate a paired schedule once it is in effect, the employee or Department, as applicable, must give the other affected parties to the arrangement at least one (1) full pay period advance written notice. Resumption of the employees’ participation in the normal rotation shall begin on the first day of the City of Palo Alto and PAPOA July 1, 2014 – June 30, 2018 22 second full pay period following the date notice is delivered to the other parties. Employees on a fixed schedule will be required to attend the designated CPT (Continued Professional Training) training days either on their regularly scheduled workday or on a day off. If they attend training on their regularly scheduled day off, they will be compensated by receiving an adjusted day off within the same pay period. Employees requesting a schedule different from the rotating 4/11 must submit their request in writing prior to the team selection process. The requests will only be considered on an extreme hardship basis The following hours and minimum staffing levels will be observed on both sides of the Patrol Division. During team overlaps, the combined staffing levels of the teams will serve to meet minimum staffing levels. 0700-2400 hours 1 Lieutenant/Sergeant Watch Commander 1 Sergeant/Agent Supervisor 6 Officers/Agents 0001-0300hours 1 Lieutenant/Sergeant Watch Commander 1 Sergeant/Agent Supervisor 5 Officers/Agents 0300- 0700 hours 1 Sergeant Supervisor 5 Officers/Agents Under routine circumstances, personnel will be able to receive time off as long as minimum staffing numbers remain available for duty. Management may deny time off to maintain staffing greater than the minimum numbers outlined above. It’s anticipated this will only occur in special situations where greater staffing is needed. (2) Designated CPT Training Days within the 4/11 Schedule: The 4/11 Schedule will have designated CPT training days and flexible training hours to make up the seventy-eight (78) hours necessary to complete a full work year. A training bank will be created for each employee on the 4/11 Schedule to track and monitor the use and balance of the 78-hours. The training bank and its use are outlined in the next section. Management will determine the number of designated CPT training days and City of Palo Alto and PAPOA July 1, 2014 – June 30, 2018 23 stagger them throughout the year in order to avoid overtime insofar as possible. Designated CPT training days will be scheduled prior to the beginning of each shift year. Unless otherwise determined by the Department, there will be five (5) designated CPT training days each year. These training days will vary in duration but will in most cases be approximately eight (8) to ten (10) hours in duration. The exact number of designated CPT training days, their duration in hours, and the remaining flexible training bank time will be determined prior to shift change and vacation selection. If it’s anticipated that the number of training days will vary in any given year, Management will notify and, on request, meet with PAPOA to consider any concerns the Association may have. Patrol personnel will not be permitted to take vacation on any one of these pre-designated CPT training days. The Division Captain may authorize an exception based on compelling circumstances. The course content and training provided on the designated CPT training days can vary from year to year to meet current and changing training needs. It will be the responsibility of the Personnel and Training Division to schedule and coordinate the training on designated CPT training days. Training days may be scheduled during daytime and/or nighttime hours to accommodate training needs. Sworn employees not on the 4/11 Schedule will be required to attend designated C.P.T. training days. Each of the training days will be broken into two (2) single day sessions for Patrol (A side and B side). It is anticipated that approximately fifty percent (50%) of the non-4/11 employees will attend one (1) of the two (2) days during each of the training cycles. If the nature and/or complexity of the training does not allow for a larger groups, multiple sessions can be scheduled on additional training days. (3) Flexible Training Hours This schedule results in seventy-eight (78) hours that will be made up during the year through designated CPT training days and flexible training time. It is anticipated that approximately fifty (50) hours will be set aside each year for designated CPT training days (exact number to be determined each year). Once the hours set aside for designated CPT training days is established, the remaining hours shall be used for flexible training as follows. Employees on the 4/11 Schedule attending training on a day off or outside their City of Palo Alto and PAPOA July 1, 2014 – June 30, 2018 24 normal shift shall use their available Flexible Training Bank hours (Non-CPT Hours) prior to using overtime. All Flexible Training Bank hours must be used prior to earning overtime. The only limitation on the use of these training hours is that no employee can exceed the one hundred seventy-one (171) hour FLSA limit in any twenty-eight (28) day cycle. The combination of regular work shifts, designated CPT training days, and flexible training time cannot exceed one hundred seventy-one (171) hours in any FLSA Cycle. Any hours worked over one hundred seventy-one (171) in a twenty-eight (28) day cycle are considered premiums hours and must therefore be paid at the overtime rate. The following is a list of some of the forms of training that could use hours from the bank; SWAT DRO Range Masters Quarterly Shoots FTO Meetings K-9 Sergeant’s meetings FTO School 11550 School Radar School Supervisor school All other Training If an employee doesn’t use his or her flexible training hours during the year, he or she will be required to make up the difference by either working extra shifts, partial shifts or by using vacation, compensatory time off, and/or holiday time from one of their banks at the end of each fiscal year. The Watch Commander and Supervisor will work with employees to schedule extra shifts or use vacation, holiday or compensatory time off balances. These hours are hours the employee is being compensated for during the normal twenty-six (26) pay periods. The employee must work the hours on a straight time basis or use vacation, holidays or compensatory time off for the compensation received throughout the year. (4) Other Training (not covered by the flexible training bank) The 4/11 Schedule significantly impacts designated CPT training days, shift training, and to some extent training compensated under the flexible training hours. The following guidelines should be followed when attending training not covered by the flexible training hours. All training bank hours, adjusted time off associated with training, and/or overtime associated to training shall be approved in advance by the employee’s watch commander or supervisor. City of Palo Alto and PAPOA July 1, 2014 – June 30, 2018 25 One full day of training on a day off. The employee will either receive overtime for the number of hours at training or adjustment for one patrol shift. Adjustments will be documented in the City timekeeping system. One full day of training on a day on. The employee will be adjusted off their patrol shift for the day. Adjustments will be documented in the City timekeeping system. More than one day, but less than a week. For each full day of training, the employee will be adjusted off one patrol shift. Adjustments will be documented in the City timekeeping system Partial day of training on a day off. Overtime or adjustment for the number of hours actually in training. Adjustments will be documented in the City timekeeping system. Partial day of training on day on. The employee will be adjusted from duty for the time of the training and be expected to work the remainder of their shift. Adjustments will be documented in the City timekeeping system. A four (4) or five (5) day (week) training session that doesn’t exceed forty-four (44) hours. Whenever possible, and depending upon where the employee is in their twenty-eight (28) day cycle, the employee will be adjusted off the patrol schedule when attending four or five day training sessions. The employee will be adjusted from four (4) eleven (11) hour shifts as compensation for attending the course. The four (4) adjusted days will be as close to the days the employee attended training as possible. Employees will not receive overtime under this situation unless the total time training exceeds forty-four (44) hours. Adjustments will be noted in the comment section of the timekeeping system. (5) Assignments of Sworn Personnel on the 4/11 Schedule Each year assignments are made for management staff for the coming fiscal year. Subsequent to those assignments, officers, agents, and sergeants apply for specialty positions. At the conclusion of those specialty selections, the Patrol Team Selection process begins. Each year, the following process will be used for patrol City of Palo Alto and PAPOA July 1, 2014 – June 30, 2018 26 team selection. Field Services Division Shift Assignment Process: Field Services sergeants, agents, and officers will select their work team based on the following criteria. a. Sergeants, in order of seniority, shall select one of the ten patrol teams. Sergeants may select any open team with the exception of those teams designated as Field Training teams. FTO Sergeants, in order of seniority, will select one of the designated FTO teams. b. Field Training Officers/Agents, in order of seniority, shall select one of the slots open and designated as FTO slots on one of the three FTO teams. The following teams have been pre-designated as training teams: Team 2A, Team 3A, and Team 4A. c. K-9 Officers/Agents – K-9 officers/agents will generally select one of the night shift teams: Teams 4 and 5. Selections will be based on rank and seniority. Only one K-9 will be allowed per team and K-9’s will be evenly split between the two sides Any exception to these assignments must be requested and approved by the Field Services Coordinator prior to the start of the selection process. d. Agents, in order of seniority, shall select any of the open agent’s slots remaining on any of the patrol teams. A minimum of three (3) agents will be assigned to the A-Side and a minimum of three (3) agents will be assigned to the B-Side. If a greater number of agents are assigned to patrol, management will evenly designate agent’s slots insofar as possible to as many of the patrol teams as possible with the goal being to have one agent on each patrol team. e. Officers, in order of seniority, shall select any remaining slot available on any of the patrol teams. f. Probationary Officers - May be assigned to teams at the discretion of the Field Services Division Coordinator. These assignments will be made based on the developmental needs of the new employee, the staffing needs of the organization, and in a manner that minimizes the loss of prime bidding slots for more senior officers/ agents. City of Palo Alto and PAPOA July 1, 2014 – June 30, 2018 27 Additional Team Selection Guidelines Prior to the selection process, management shall determine the number of agents, and officers assigned to each team. Additionally, management will determine which teams are available for selection by K-9 Officers/Agents. Field Training Officers/Agents, Field Training Sergeants, and probationary employees shall be subject to administrative assignment. In the spring of each year, all employees participating in the patrol team selection process will receive a schedule identifying available slots, the process for team selection, and a date and time for the employee to make their selection Team Selection Reservations – Once Officers/Agents/Sergeants select a team, they will be guaranteed that team even if they are unable to work that team at the start of the shift year due to special assignment, internship, leave of absence, disability, illness etc. Officers, Agents and Sergeants may not remain in the same time slot for more then two consecutive years. Team change request will be considered with the approval of management. Any request for an anticipated change to the assignment of sworn personnel shall be routed to the Field Services Division Coordinator prior to the selection process. (6) Vacation Selection Concurrent Vacation Authorization – Officers and Agents Patrol Division – Four (4) slots are authorized on the A-Side and four (4) slots are authorized on the B-Side. It is anticipated that this would equate to two (2) slots on night shift (Teams 3, 4, and 5) and two (2) slots on day shift (Teams 1, and 2) for each side. Any exceptions to these rules may be made by the Field Services Division Coordinator based on special circumstances. Concurrent Vacation Authorization - Sergeants Patrol Division – Two (2) slots are authorized in patrol on the A-Side and two (2) slots are authorized in patrol on the B-Side. It is anticipated that this City of Palo Alto and PAPOA July 1, 2014 – June 30, 2018 28 would equate to one (1) slot on the night shift (Teams 3, 4, and 5) and one (1) slot on the dayshift (Teams 1 and 2) for each side. Exceptions to allow two (2) sergeants vacation at the same time for special circumstances may be made by the shift lieutenant. Other exceptions to this rule may be made by the Field Services Division Coordinator. a. The A-side and B-side will have separate vacation signups. It’s also anticipated that the dayshift and nightshift will have separate signups. For agents and above, selection will be based on rank and time in rank. Personnel having the greatest tenure in rank will have priority. For officers, selection will be based on seniority. If seniority is equal, low badge number shall have priority. b. Sergeants will have a separate signup sheet from agents and officers. During the initial sign up sergeants will have two guaranteed slots per side, one (1) on day shift and one (1) on night shift. Agents/officers will have four (4) guaranteed slots per side, two (2) on day shift and two (2) on night shift. Vacation Selection Process: Vacation selection will occur within a few weeks of the team selection process each spring. Selections will take place on two days, one day for the A-Side and one day for the B-Side. Sergeant, agents, and officers will be given time slots to come in, call in, or may submit in advance written instructions on choice for vacation weeks. The selections will be made based on rank and seniority. Both sides agree to monitor the outcome of the process and enter into a mutual agreement to continue or discontinue the process. (7) Time Keeping and Payroll All employees working under the 4/11 schedule will work eleven (11) hours a day, four (4) consecutive days a week. These eleven (11) hours will be entered in the timekeeping system on the day they are worked and/or prior to pay period payroll deadlines. Employees attending one (1) of the designated CPT training days will enter the hours of training on a “training timesheet” and enter the time in the timekeeping system. Employees using hours from their flexible training bank shall complete a “training timesheet” and enter the time in the timekeeping system. Employees working the 4/11 Schedule will not receive overtime compensation for hours worked under the following conditions. City of Palo Alto and PAPOA July 1, 2014 – June 30, 2018 29 • Hours worked as part of a regular 11-hour work day. • Hours worked on a designated CPT training days. • Hours associated to training where hours from the flexible training bank could be used. • Non-Mandatory training where adjustments from the patrol schedule are possible. Overtime shall be paid for “Mandatory” training once training bank hours have been exhausted. Overtime shall be paid for “Mandatory” meetings that fall outside the specialty exemption listed below. Participation in department specialties including training, meetings, and other activities is not considered a mandatory activity when it comes to overtime compensation. Wherever possible, employees participating in department specialties and other non-mandatory activities will be adjusted off the patrol schedule for these activities. Schedule adjustments will occur as close to the activity outside the employee’s normal work schedule as possible and within the same FLSA Cycle. Schedule adjustments for personnel working nights: All personnel attending a full day of training on a work day will be adjusted off the patrol schedule for their work shift that day. In addition to being adjusted off any shift that starts on the day the training occurs, employees working Teams 3, 4, and 5 the night before the training will be adjusted off the night before as follows. If the training is all day starting in the morning hours, these adjustments will apply. Team 3: Adjusted off at 2200 hours. Teams 4 & 5: Adjusted off the entire shift. If a night shift employee is scheduled for a full day of “Mandatory” training on the morning of his or her first day off, the same adjustments listed above will apply. In addition to the necessary adjustment, employees will receive compensation for the training hours through the use of training bank hours. When training bank hours are exhausted, the employee will receive overtime. The time keeping system entries: Each employee must enter his or her time in the timekeeping system that accurately reflects the hours he or she works. When schedule adjustments are made, overtime is worked, or training bank time is used, employees must make appropriate notes in the comment section of the timekeeping City of Palo Alto and PAPOA July 1, 2014 – June 30, 2018 30 system. Supervisors and timekeepers may complete the timekeeping system entries when employees are unavailable due to illness or other situations. Employees working the 4/11 Schedule shall also sign the daily schedule. Managers and supervisor will approve time entries made in the time keeping system. Managers and supervisors will pay special attention to the use of training bank time and overtime. Time entries should be reviewed for regular hours and training hours that may exceed the FLSA guideline of 171 hours in a 28 day cycle. With the 4-day on 4-day off rotation, employees will work either 66 or 88 hours in each pay period. The timekeeping system will shift adjust the appropriate number of hours into (+14) and out of (-8) the employees bi-weekly totals so each employee receives compensation for 80 hours. Regardless of the number of hours worked under the FLSA exemption, an employee will be compensated for 80 regular hours every bi-weekly payroll cycle. These shift adjusted hours (-8 or +14) will be added to or taken away from the timecard at the appropriate day/night shift differential rates for each employee. As an example, if an employee’s normal shift is paid at 75 percent day rate and 25 percent night rate, all hours shift-adjusted on to or off the timecard will be adjusted using the same approximate ratio of 75/25 percent for day/night rates. If an employee leaves city service while on the 4/11 schedule, staff and payroll shall perform the training bank reconciliation of the number of hours the employee is over or under the normal forty (40) hour workweek rate since the beginning of the current one (1) year (twenty-six [26] pay period) 4/11 cycle. If the employee has worked more hours than the forty (40) hour a week average, he or she shall be compensated for those hours at the regular rate. If the employee is under the forty (40) hour a week average, the hours will be taken from the employee’s vacation, holiday, or comp time bank and/or deducted at the regular rate from the employee’s last check. If an employee’s assignment changes from the 4/11 schedule or to the 4/11 schedule, his or her over/under rate will be calculated the same as above. Time off, extra shifts worked, and/or the adjustment of holiday, vacation, and/or comp. time banks will be used to resolve any differences between actual hours worked and the forty (40) hour weekly average. Daylight Savings Time/Pacific Standard Time Changes – Personnel on Team 4 and Team 5 will follow these guidelines when working either the spring forward or fall back. Individuals working in the spring who would lose an hour of work due to the City of Palo Alto and PAPOA July 1, 2014 – June 30, 2018 31 change to Daylight Savings Time will report for duty one (1) hour early and work an eleven (11) hour shift at straight time. Individuals working in the fall will work one (1) additional hour (for a total shift of twelve (12) hours) due to the change to Pacific Standard Time. Such employees will put in for one (1) hour of overtime. Nothing in this section prevents an employee from leaving early or using time off to offset the time when staffing allows and approved by the Supervisor or Watch Commander. (8) Maximum Hours Worked - Turn Around Time Sergeants, agents, and officers may work up to a maximum number of 16 hours in a 24-hour period. Any work beyond 16 hours must be approved by a watch commander or member of management and only under exigent circumstances. Any time an employee works 16 hours or more, they must receive an 8-hour break before returning to duty. If the 8-hour break runs into the employees next shift, those hours are considered adjusted hours off. Sergeants, agents, and officers shall not exceed a maximum of one hundred forty (140) hours in a 14 day pay period. Any work beyond one hundred forty (140) hours must be approved by the employee’s Lieutenant and Captain, and should rarely occur only under extreme situations. Sergeants and Lieutenants authorizing overtime in excess of the daily limit (16- hours) and/or the bi-weekly limit (140 hours) shall send a short email to their Lieutenant and Captain explaining the reason for the excess work. It is the employee’s responsibility to monitor their hours and notify the supervisor and/or watch commander of their hours worked when approaching the daily or bi- weekly limits or being requested to work overtime. (9) Shift Exchanges Sergeants, agents, and officers may exchange work shifts with another employee of the same rank. Agents and officers may be interchangeable if simply filling the role of an officer on the schedule. Personnel must submit a shift exchange request form to their supervisor and lieutenant. Shift exchanges require a lieutenant’s approval except when short notice makes that impossible. Shift exchanges can only occur for entire shifts, Shift exchange request forms must contain the pay back date for the second half of the shift exchange. Both halves of the exchange must occur in the same 28-day FLSA Cycle (refer to Yearly 4/11 patrol Schedule for FLSA Cycles). Once an employee agrees to an exchange shift, he or she is responsible for that shift. If he or she fails to show up for the shift and/or is sick, the time will be City of Palo Alto and PAPOA July 1, 2014 – June 30, 2018 32 deducted from his or her applicable leave balance to the extent the employee qualifies for such deduction under the applicable leave policy. Failure to show up for a shift may also result in disciplinary action. (10) On-duty workout period and sign up: When staffing allows and with supervisory approval, employees may workout on-duty for a period of up to one (1) hour. The hour shall include the work out, a shower, and dressing time. Specific guidelines and conditions are outlined in the Wellness Program Policy. (b) Traffic Team Sworn members of the Traffic Team shall work a ten-hour (10) day, four (4) day workweek schedule. Traffic Team officers/agents may be assigned as part of minimum staffing at the discretion of management. Effective July 1, 2008, the Take Home Motor Program will be discontinued. On a one time basis, employees assigned to motors who are in paid status the first full pay period after Council adoption of this MOU, will receive one time non PERSable stipend representing 2.5% of base salary of the employee’s classification minus applicable state and federal taxes. (c) Special Operation Sergeant/Crime Suppression Team The Special Operations Sergeant and team members shall generally work a ten (10) hour day, four (4) day workweek schedule. Given the nature of the team’s assignment, it is anticipated and expected that their schedules should be flexible and adapt to organizational needs. (d) ISD and Other Sworn Classifications All sworn personnel assigned to ISD, Staff Assistant, Personnel and Training and Community Policing shall work a ten (10) hour day, four-day work week schedule. (1) Work Schedule The ten hours shall generally be worked between the hours of 0700 and 1900, with specific schedules subject to approval by appropriate supervisors. City of Palo Alto and PAPOA July 1, 2014 – June 30, 2018 33 The ten (10) -hour work schedule shall be worked within a period of ten hours, with a working lunch period not to exceed thirty (30) minutes. As an alternative, with Management approval, the ten-hour work schedule may be worked within eleven hours, with a one (1) hour unpaid lunch break. Changing alternatives will require prior approval by Management. (2) Work Week For ISD personnel, one-half of the Division will work Monday through Thursday, while the other half will work Tuesday through Friday. All other sworn personnel covered under Section 23 (b) & (c) will also work either Monday through Thursday, or Tuesday through Friday. (3) Late Detective Shift Two detectives will be assigned on a rotational basis to the late shift from 1200 to 2200 to provide evening coverage. Assignment to the late detective shift, where possible, will be by advanced sign up with each detective selecting two weeks each quarter according to a protocol determined by seniority, needs of the division and needs of the employee. Generally, there will be one detective from each half of the division working the late detective shift during each week. (e) Forty-hour Training Schedule For all sworn employees who attend training that is four (4) or five (5) days in duration (a week), their schedules will be adjusted from the normal work week. Employees will not receive overtime during scheduled training as described here unless it exceeds their normal forty (40) or forty-four (44) hour workweek. Schedule adjustments will be documented in the notes section when making the timekeeping system entries. Section 23. Overtime Pay and Compensatory Time Off (a) Overtime pay shall be provided at the rate of time and one-half of the employee's regular rate, including night shift differential, working out of classification pay, and specialty assignment premium pay as defined under Section 7, 8 and 10. (b) Compensatory time off, which is approved by management in-lieu of overtime payment on a staffing available basis, will be taken at the rate of 1-1/2 hours for every hour of credited overtime. In the event compensatory time off is used as the method of compensating for overtime, the time off will be taken prior to the end of the quarter in which it is earned. All compensatory time balances shall be paid at the City of Palo Alto and PAPOA July 1, 2014 – June 30, 2018 34 end of each quarter, with warrants issued in the first pay period of the new quarter. Employees may request in writing to carry over up to 80 hours of compensatory time from quarter to quarter. During the final calendar year quarter, employees who have vacation accrual balances of less than two times their annual accrual rate, less 80 hours, may request in writing to convert up to 80 hours of unused compensatory time to vacation per calendar year, to be transferred in the first pay period of the calendar year (c) Employees called out to perform work, attend meetings or required training shall be compensated for at least three hours pay for each occurrence at the appropriate overtime rate. Section 24. Overtime Sign-Up (a) Planned Overtime Planned overtime includes patrol staffing, special events, traffic control functions or any other overtime needs which can be identified prior to the 20th day of the preceding month. On or about the 20th of each month, watch commanders will post a list of dates/shifts requiring overtime for the next month. Officers, Agents, and Sergeants will be given a reasonable period of time to sign up for the available overtime assignments. On or about the 25th of the month, planned overtime will be filled from the sign up list using the rotational overtime call out list. Agents may place themselves on the sign up list for supervisor overtime, however will only be considered if no sergeant requests the shift. Overtime that isn’t filled during the planned overtime process may be filled at management’s discretion. Employees assigned to a fixed work schedule such as ISD, P&T, and Staff Assistant may adjust their work schedule with their manager’s approval in order to work a planned patrol overtime assignment. This schedule adjustment must be completed within the same work week as the planned overtime assignment. Schedule adjustments will normally be approved unless there is a conflict with a previously scheduled activity within the work unit or the schedule adjustment would be disruptive to the operation of the unit. Employees bidding for planned overtime requiring a shift adjustment must make a notation next to the assignment indicating a shift adjustment would be necessary. Only one overtime shift requiring a shift adjustment can be worked per work week. City of Palo Alto and PAPOA July 1, 2014 – June 30, 2018 35 (b) Unplanned Overtime. Unplanned overtime is overtime that wasn’t identified prior to the 20th of the preceding month. Unplanned overtime will be filled by the following procedures. 1) The Watch Commander or Supervisor may request an employee extend their shift or come in early. If a volunteer cannot be identified to hold over or come in early, the rotational overtime list will be used. 2) Employees interested in working unplanned overtime will be placed on a rotational overtime list in order of seniority. When an overtime shift is available, a manager or supervisor will call the next person on the list. If that person declines the opportunity, is not available, is already working, or takes the overtime, he/she will be placed at the bottom of the list. The lists will be continually updated in order to rotate the names. There will be separate lists for sergeants and officers/agents for unplanned overtime. A separate supervisory list will be maintained for agents interested in working supervisory overtime. Agents will be offered supervisory overtime positions only if no sergeants have accepted the opportunity. 3) If the watch commander or supervisor is unable to fill overtime through any of these procedures, he or she may order an individual to extend their shift, come in early, or come in on a day off. A log on those required to work mandatory overtime will be kept in the overtime book. Mandatory overtime should be rotated in order of reverse seniority. c) Overtime Minimum. With regard to both planned and unplanned patrol team overtime, there is no minimum number of hours. Planned overtime postings and unplanned overtime will be offered for the actual number of hours needed. If small blocks of overtime aren’t filled by on-duty personnel adding them to an existing shift, managers may apply a 6-hour minimum to a shift for personnel coming in on a day off. (d) These overtime procedures may be reviewed and/or modified at the mutual agreement of both management and PAPOA. City of Palo Alto and PAPOA July 1, 2014 – June 30, 2018 36 Section 25. Jury Duty No employee shall be required to work a combination of jury duty and work time to exceed 12 hours during a 24-hour period. The period shall commence at the required time of appearance for jury duty. Jury duty is defined as the time between required time of appearance and dismissal. Work time excused as a result of jury duty will be compensated at the regular rate of pay. Section 26. Vacation Accrual Vacation will be accrued when an employee is in pay status and will be credited on a bi-weekly basis. Such accrual and credit shall not exceed three times the annual rate of accrual. Each eligible employee shall accrue vacation at the following rate for continuous service performed in pay status: (a) Less than four (4) years - For employees completing less than four years continuous service; (8) Shifts vacation leave per year. (b) Four, but less than nine years - For employees completing four, but not more than nine (9) years continuous service; 12 Shifts vacation leave per year. (c) Nine (9), but less than fourteen (14) years - For employees completing nine (9), but not more than fourteen (14) years continuous service; (16) Shifts vacation per year. (d) Fourteen (14), but less than nineteen (19) years - For employees completing fourteen (14), but not more than nineteen (19) years continuous service; (18) Shifts vacation leave per year. (e) Nineteen (19) or more years - For employees completing nineteen (19) or more years continuous service; (20) Shifts vacation leave per year. Example: An employee with less than four (4) years working a 4/10 Schedule will receive eight (8) Shifts or eighty (80) hours of vacation. The same employee working the 4/11 Schedule will receive eight (8) Shifts or eighty-eight (88) hours of vacation. Section 27. Use of Vacation (a) When to be taken. The time at which an employee may use his/her accrued vacation leave and the amount to be taken at any one time shall be determined by the department head with particular regard for the needs of the City, but insofar as possible, considering the wishes of the employee. City of Palo Alto and PAPOA July 1, 2014 – June 30, 2018 37 (b) Limitation on use. Employees may not use more than their annual rate of accrual in any calendar year period, provided, however, that a department head my grant exceptions to this limitation. (c) Waiting period. Employees shall complete six months continuous service before using accrued vacation leave. (d) Double compensation prohibited. Employees shall not work for the City during their vacation. (e) Vacation splitting. It is the intention of the City that vacation be taken in units of one week; however, with the approval of the department head, an employee may use one week of his/her accrued vacation in any calendar year in units of less than one work week, but in no instance in units of less than one-half of the normal workday or shift. Requests for exception to this procedure must be approved by the City Manager. (f) Vacation Cashout. Once each calendar year an employee may cash out eight or more hours of vacation accrual in excess of 80 hours to a maximum of 120 hours, provided that the employee has taken at least 80 hours as vacation in the previous 12 months. 1. Effective for the 2012 tax year and each subsequent year, to be eligible to cash out vacation, employees must pre-elect the number of vacation hours they will cash out during the following calendar year, up to the maximum of 120 hours, prior to the start of that calendar year. The election will apply only to vacation hours accrued in the next tax year and eligible for cash out. 2. The election to cash out vacation hours in each designated year will be irrevocable. This means that employees who elect to cash out vacation hours must cash out the number of accrued hours pre-designated on the election form provided by the City. 3. Employees who do not pre-designate or decline a cash out amount by the annual deadline established by the City will be deemed to have waived the right to cash out any leave in the following tax year and will not be eligible to cash out vacation hours in the next tax year. 4. Employees who pre-designate cash out amounts may request a cash out at any time in the designated tax year by submitting a cash out form to payroll. City of Palo Alto and PAPOA July 1, 2014 – June 30, 2018 38 Payroll will complete the cash out upon request, provided the requested cash out amount has accrued and is consistent with the amount the employee predesignated. If the full amount of hours designated for cash out is not available at the time of cash out request, the maximum available will be paid. 5. For employees who have not requested payment of the elected cash out amount by November 1 of each year, Payroll will automatically cash out the pre-designated amount in a paycheck issued on or after the payroll date including November 1. Within 90 days of adoption of this MOA, the parties agree to talk further about the administration and communication of the vacation cash out process. Section 28. Vacation Pay at Termination Employees leaving the municipal service with accrued vacation leave shall be paid the amounts of accrued vacation to the date of termination. Payments for accrued vacation shall be at the employee's current rate of pay. Section 29. Vacation Benefits for Deceased Employees An employee who is eligible for vacation leave and who dies while in the municipal service shall have the amount of any accrued vacation paid to the employee's estate within thirty days. This proration will be computed at the last basic rate of pay. Section 30. Effect of Extended Military Leave An employee who interrupts his service because of an extended military leave shall be compensated for accrued vacation at the time the leave becomes effective. Section 31. Sick Leave (a) Statement of Policy. Sick leave shall be allowed and used only in case of actual personal sickness or disability, medical or dental treatment, or as authorized in Subsection 33 (e), personal business chargeable to sick leave. Up to 8 days sick leave per year may be used for illness in the immediate family (spouse, child, parent, parent-in-law, brother, sister, registered domestic partner, or close relative residing in the household of the employee). City of Palo Alto and PAPOA July 1, 2014 – June 30, 2018 39 (b) Eligibility. Regular and part-time employees shall be eligible to accrue and use sick leave. (c) Accrual. Sick leave shall be accrued bi-weekly provided the employee has been in a pay status for 50 percent or more of a bi-weekly pay period. Sick leave shall be accrued at the rate of 3.7 hours per bi-weekly pay period. (d) Accumulation. Accrued sick leave may be accumulated without limit, except as provided in Section 31(h). (e) Use. Sick leave may be used as needed and approved, to the point of depletion, at which time the employee will no longer receive pay for sick leave. A new employee may, if necessary, use up to forty-eight hours or shift equivalent of sick leave at any time during the first six months of employment. Any negative balances generated by such utilization will be charged against future accrual or deducted from final paycheck in the event of termination. An employee who has been disabled for 60 consecutive days and who is otherwise eligible both for payment under the long-term disability group insurance coverage and accrued sick leave benefits may, at his/her option, choose either to receive the long-term disability benefits or to utilize the remainder of his/her accrued sick leave prior to applying for long-term disability benefits. Sick leave will not be granted for illness occurring during any leave of absence other than sick leave, unless the employee can demonstrate that it was necessary to come under the care of a doctor while on such other leave of absence. When an employee finds it necessary to be absent for any reason, he/she should cause the facts to be reported to the department within one hour after his/her regular starting time on the first working day of absence, and shall regularly report on, or account in advance for each work day thereafter unless hospitalized or otherwise indisposed. Such reports may be subject to written documentation if there is reasonable evidence that sick leave abuse has occurred. Sick leave shall not be granted unless such report or advance accounting has been made, provided, however, that the department head may grant exception to this policy where the circumstances warrant. Documentation may also be required if there is a reasonable basis to believe that the employee may not be medically fit to return to work. City of Palo Alto and PAPOA July 1, 2014 – June 30, 2018 40 (f) Depletion of Sick Leave Benefits. Upon depletion of sick leave or the beginning of the period to be covered by payments under the long-term disability group insurance coverage, whichever comes first, an employee may be granted a medical leave of absence without pay for a period not exceeding sixty days. If the employee is unable to return to work at the end of this period, he/she must request further medical leave which will be subject to the approval of the City Manager. If further leave is granted, the employee must notify the City of intent to return to work every thirty days. If further leave is not granted, the employee's service with the City shall be considered terminated. (g) Forfeiture Upon Termination. Employees leaving the municipal service shall forfeit all accumulated sick leave, except as otherwise provided by law and Subsection 32(h). In the event that notice of resignation is given, sick leave may be used only through the day which was designated as the final day of work by such notice. (h) Payment for Accumulated Sick Leave. Employees hired before August 1, 1986 who leave the municipal service in good standing, or who die while employed in good standing by the City, and who have fifteen or more years of continuous service shall receive compensation for unused sick leave hours in a sum equal to two and one-half percent of their unused sick leave hours multiplied by their years of continuous service and their basic hourly rate of pay at termination. For all employees entering the service of the City prior to March 2, 1983, full sick leave accrual will be paid in the event of termination due to disability. For all employees hired after August 1, 1986, sick leave accrual accumulation shall be limited to 1,000 hours with no payoff provision for unused balance at termination. (i) Personal Business Leave Chargeable to Sick Leave. Up to 2 Shifts (20-Hours for 4/10 employees and 22-Hours for 4/11 employees) per year of personal business leave may be chargeable to sick leave. Time off under this provision is subject to management scheduling approval. (j) Return to Work or Continue Work With Limited/Alternative Duty. In cases of non-work-related injury, illness or pregnancy, an employee, upon approval of the department head, City Risk Manager and the employee's doctor, may elect to return to work or continue work with doctor-approved limited or alternative duty. Approval for such limited/alternative duty shall be based upon department ability to provide work consistent with medical limitations and the length of time of the limitations. Shift employees must be willing to accept any non-shift limited duty schedule work locations and may be subject to the reasonable availability of limited duty City of Palo Alto and PAPOA July 1, 2014 – June 30, 2018 41 assignments. The City doctor may be consulted in determining work limitations. Any assignment to a limited/alternative duty will be on a temporary basis. The provisions of this section are not intended to create any permanent light/alternative duty assignments. Any assignment to a limited/alternative assignment shall not displace any other employee without consent of all parties, including the Association. Section 32. Leaves of Absence Without Pay (a) Disability. Leaves of absence without pay may be granted in cases of disability not covered by sick leave. Pregnancy will be considered as any other disability. Leaves of absence for disability are subject to physicians' verification including diagnosis and medical work restriction. (b) Other leaves. Leaves of absence without pay may be granted in cases of personal emergency or when such absences would not be contrary to the best interest of the City. Non-disability prenatal and/or postpartum leave is available under this provision, but such leave shall not begin more than six months prenatal nor extend more than six months postpartum. (c) During unpaid leaves of absence for disability or other reasons, the employee may elect to use accrued vacation credits. Requests for leaves without pay shall not be unreasonably denied. In order to avoid misunderstandings, all leaves without pay must be in writing to be effective. (d) Approval of department head. Leave of absence without pay for one week or less may be granted by the department head, depending on the merit of the individual case. (e) Approval by City Manager. Leave of absence without pay in excess of one week's duration may be granted by the City Manager on the merit of the case, but such leave shall not exceed twelve months' duration. (f) Absence without leave. Unauthorized leave of absence shall be considered to be without pay, and reductions in the employee's pay shall be made accordingly. Unauthorized leave of absence may result in termination of employment. (g) Leave of absence; death outside the immediate family. Leave without pay may be granted a regular employee by his/her department head in the event of death to City of Palo Alto and PAPOA July 1, 2014 – June 30, 2018 42 family members other than one of the immediate family, such leave to be granted in accordance with Section 34 (b), (c) , (d) and (e). (h) Military leave of absence. State and federal law shall govern the granting of military leaves of absence and the rights of employees returning from such absence. Section 33. Leave of Absence With Pay The City Manager may grant a regular employee under his/her control a leave of absence with pay for a period not exceeding thirty calendar days for reasons he/she deems adequate and in the best interest of the City. The City Council may grant a regular employee a leave of absence with pay for a period not to exceed one year for reasons the Council considers adequate and in the best interest of the City. (a) Subpoenas; leave of absence. Regular employees who are subpoenaed to appear as witnesses in behalf of the State of California or any of its agencies may be granted leaves of absence with pay from their assigned duties until released. The employee shall remit all fees received for such appearances to the City within thirty days from the termination of his or her services. Compensation for mileage or subsistence allowance shall not be considered as a fee and shall be retained by the employee. (b) Employee's time off to vote. Time off with pay to vote at any general or direct primary election shall be granted as provided in the State of California Elections Code, and notice that an employee desires such time off shall be given in accordance with the provisions of said Code. (c) Leave of absence; death in immediate family. Leave of absence with pay of three days shall be granted an employee by the head of his or her department in the event of death in the employee's immediate family, which is defined for purposes of this section as wife, husband, son, step-son, son-in-law daughter, step-daughter, daughter-in-law, father, step-father, father-in-law, mother, step-mother, mother-in-law, brother, step-brother, brother-in-law, sister, step-sister, sister-in-law, grandmother, grandmother-in-law, grandfather, grandfather-in-law, grandchildren, aunt, uncle, niece, nephew, registered domestic partner, or a close relative residing in the household of the employee. Such leave shall be at full pay and shall not be charged against the employee's accrued vacation or sick leave. Requests for leave in excess of three days shall be subject to the approval of the City Manager. City of Palo Alto and PAPOA July 1, 2014 – June 30, 2018 43 Approval of additional leave will be based on the circumstances of each request with consideration given to the employee’s need for additional time off. (d) Jury duty; leave of absence. Employees required to report for jury duty shall be granted a leave of absence with pay from their assigned duties until released by the court, provided the employee remits to the City all fees received for such duties other than mileage or subsistence allowances within thirty days from the termination of his/her jury service. Section 34. Reduction in Force In the event of reductions in force, they shall be accomplished wherever possible through attrition. If the work force is reduced within the bargaining unit for reasons of change in duties or organization, abolition of position, shortage of work or funds, or completion of work, employees with the shortest length of service will be laid off first so long as employees retained are fully qualified, trained and capable of performing remaining work. Length of service for the purpose of this article will be based on total City service in a regular classification or classifications. Employees laid off due to the above reasons will be given written notice at least thirty days prior to the reduction in force. A copy of such notice will be given to the Association. Section 35. Agents The number of Agent positions shall be governed by the August 12, 1981, Arbitration Award. Section 36. Commute Incentives and Parking in Civic Center Garage Commute Incentives-- Represented employees who qualify may voluntarily elect one of the following commute incentives: Public Transit. The City will provide monthly Commuter Checks worth the value of: $40 for employees traveling three or more zones on Caltrain; $40 for employees using the Dumbarton Express, BART, the ACE train, or a commuter highway vehicle; $35 for employees traveling less than three zones on Caltrain; $35 for employees using VTA and other buses. City of Palo Alto and PAPOA July 1, 2014 – June 30, 2018 44 These vouchers may be used toward the purchase of a monthly transit pass. Carpool. The City will provide carpool vouchers worth the value of $30 per month to each eligible employee in a carpool with two or more people. These vouchers may be used at designated service stations toward the purchase of fuel and other vehicle- related expenses. Vanpool Program. The City will provide Commuter Checks worth the value up to $60 to each employee voluntarily participating in the Vanpool Program. These vouchers may be used toward payment of the monthly cost. Employees must fulfill the basic requirements of the Employee Commute Alternatives Program to qualify. Bicycle. The City will provide bicycle vouchers worth the value of $20 per month to eligible employees who ride a bicycle to work. These vouchers may be used at designated bicycle shops for related bicycle equipment and expenses. Walk. The City will provide walker vouchers worth the value of $20 per month to eligible employees who walk to work. These vouchers may be used at designated stores for expenses related to walking such as footwear and related accessories. Parking in the Civic Center Garage--Employees assigned to Civic Center and adjacent work locations will be provided with a Civic Center Garage parking permit. New employees hired after June 30, 1994 may initially receive a parking permit for another downtown lot, subject to the availability of space at the Civic Center Garage. Section 37. Disciplinary Action and Unsatisfactory Work or Conduct (a) Except as provided in Section 6 (Probationary Period) of this agreement, no employee shall be disciplined without just cause. For the purpose of this section, "discipline" shall be deemed to include discharge, demotion, reduction in salary, written reprimand, disciplinary probation and suspension. Discipline shall be deemed not to include verbal reprimands or reductions in force. (b) Non-probationary employees whose work or conduct is unsatisfactory but not sufficiently deficient to warrant discipline, demotion, or discharge will be given a written notification of unsatisfactory work or conduct and an opportunity to improve. Failure to correct deficiencies and improve to meet standards may result in discipline, demotion or discharge. (c) Notice of disciplinary action must be in writing and served on the employee in person or by registered mail prior to the disciplinary action becoming effective. However, in extreme situations where there is reasonable cause, the employee may be removed City of Palo Alto and PAPOA July 1, 2014 – June 30, 2018 45 from duty immediately with pay pending such disciplinary action. The notice must be filed on a timely basis with the Human Resources Department and included in the employee's personnel file. The notice of disciplinary action shall include: (1) Statement of the nature of the disciplinary action; (2) Effective date of the action; (3) Statement of the cause thereof; (4) Statement in ordinary and concise language of the art or the omissions upon which the causes are based; (5) Copies of any documents or other items of evidence upon which the disciplinary action was fully or in part based; (6) Statement advising the employee of his/her right to appeal from such action, and the right to Association representation. (d) If the disciplinary action consists of suspension, any suspension time previously given shall be credited to the final disciplinary action. (e) Subject to state law requirements, employees may request that disciplinary actions be sealed according to the following schedule: (1) Written reprimands with no recurrence after one (1) year. (2) Disciplinary probation after three (3) years from the implementation of such probation, if no other disciplinary action has occurred during that period. (3) Suspensions less than three (3) days without recurrence, after two (2) years. (4) Suspensions more than three (3) days but less than six (6) days, after three (3) years. (5) Suspensions of six (6) days or more, after five (5) years. For the purpose of these sections, the time starts from the time of action following the Skelly process (day discipline is imposed). City of Palo Alto and PAPOA July 1, 2014 – June 30, 2018 46 Written requests for the sealing of disciplinary actions should be directed to the Personnel and Training Coordinator. Sealing shall include all memos, letters, correspondence, complaint forms, and any other material pertaining to the disciplinary action that has been placed in the employee's personnel file. Sealing shall not include the sealing of any material related to criminal offenses for which the employee was charged except in concurrence with the sealing or expungement of criminal charges by a court of competent jurisdiction or in the event of a complete exoneration of the employee by the judicial system. The City Human Resources Department shall be notified in all cases where sealing of disciplinary action is taken. Human Resources Department copies of the disciplinary actions will be disposed of in a manner consistent with the Police Department's action. The sealed action shall not be held to discriminate against the employee in any subsequent disciplinary action, or in the event of promotion, merit step raise, transfer, request for educational leave, modification of duties, vacation selection, application for other employment, or against any other action the employee may take for his or her personal improvement. Once sealed, the file shall not be opened unless the employee requests such unsealing and then only for examination by the person or persons whom the employee specifies or at the discretion of the Chief of Police, who in the absence of a demonstrable emergency shall notify the employee a minimum of 48 hours before the opening of the sealed file and the reason for opening. In the event the employee cannot be notified in advance, notification must be made on the employee's first duty day after the sealed file is opened. Section 38. Grievance Procedure (a) The City and the Association recognize that early settlement of grievances is essential to sound employee-employer relations. The parties seek to establish a mutually satisfactory method for the settlement of employee grievances, or Association grievances, as provided for below. In presenting a grievance, the aggrieved and/or his or her representative is assured freedom from restraint, interference, coercion, discrimination or reprisal. (b) Definition. A Grievance is: City of Palo Alto and PAPOA July 1, 2014 – June 30, 2018 47 (1) An unresolved complaint or dispute regarding the application or interpretation of rules, regulations, policies, procedures, Memoranda of Agreement, or City ordinances or resolutions, relating to terms conditions of employment, wages or fringe benefits. (2) An appeal from a disciplinary action of any kind against an employee covered by this Memorandum of Agreement. (c) Access to the Grievance Procedure. Except as provided in Section 6, Probationary Period, all employees represented by the Association may file and process a grievance. Such aggrieved employees may be represented by the Association or may represent themselves in preparing and presenting their grievance at any level of review. The Association may file a grievance when an Association right not directly related to an individual employee becomes subject to dispute. (d) Conduct of Grievance Procedure. (1) The time limits specified in this Article may be extended by mutual agreement in writing of the aggrieved employee or the Association and the reviewer concerned. (2) Should a decision not be rendered within a stipulated time limit, the aggrieved employee may immediately appeal to the next step. (3) The grievance may be considered settled if the decision of any step is not appealed within the specified time limit. (4) If appropriate, the aggrieved employee or the Association and Management may mutually agree to waive any step of the grievance procedure. (5) Written grievances shall be submitted on forms provided by the City or on forms which are mutually agreeable to the City and the Association. (6) Any retroactivity on monetary grievances shall be limited to the date of occurrence, except in no case will retroactivity be granted prior to three months before the grievance was filed in writing. City of Palo Alto and PAPOA July 1, 2014 – June 30, 2018 48 Step I. The aggrieved employee will first attempt to resolve the grievance through informal discussions with his or her immediate supervisor by the end of the tenth working day following the discovery of or the incident upon which the grievance is based. Every attempt will be made to settle the issue at this level. (Note: For purposes of time limits, the working days are considered to be Monday through Friday, exclusive of City holidays.) Step II. If the grievance is not resolved through the informal discussion, the employee will reduce the grievance to writing and submit copies to the division head or equivalent level Management employee as designated by Management as appropriate within ten working days of the discussion with the immediate supervisor. The division head or equivalent level Management employee shall have ten working days from the receipt of a written grievance to review the matter and prepare a written statement. Step III. If the grievance is not resolved at Step II, the aggrieved employee may appeal to his or her department head in writing within ten working days of the receipt of the division head's response. The department head shall have ten working days from the receipt of a written grievance to review the matter and convey his or her decision by written statement. Step IV. If the grievance is not resolved at Step III, the aggrieved employee may appeal to an Adjustment Board. Appeals to the Adjustment Board shall be made in writing and directed to the Human Resources Director within ten working days of receipt of the department head's response. The Human Resources Director shall convene an Adjustment Board within ten working days of receipt of the appeal. The Adjustment Board shall consist of two persons appointed by the Association and two persons appointed by Management. The Adjustment Board is empowered to call City employees as witnesses. Within the context of Step IV, the Adjustment Board will have the same powers and limitations to settle grievances as an arbitrator. A majority decision of the Adjustment Board shall be final and binding. The Adjustment Board shall render its findings and decisions (if any) to the parties within ten working days of its meeting. Step V. If the grievance is not resolved at Step IV, the aggrieved employee may choose between final and binding resolution of the grievance through appeal to the City Manager City of Palo Alto and PAPOA July 1, 2014 – June 30, 2018 49 or through appeal to final and binding grievance arbitration. For the term of this Memorandum of Agreement, appeals to final and binding arbitration may be processed only with Association approval. All Step V appeals must be filed in writing at the Human Resources Department Office within ten working days of receipt of the Adjustment Board's disposition under Step IV. If the aggrieved employee elects final and binding resolution by the City Manager, the City Manager will choose the methods he or she considers appropriate to review and settle the grievance. The City Manager shall render a written decision to all parties directly involved within ten working days after receiving the employee's appeal. If the aggrieved employee elects final and binding arbitration in accordance with this provision, the parties shall mutually select an arbitrator. In the event the parties cannot agree on an arbitrator, they shall mutually request a panel of five arbitrators from the California State Conciliation Service or from the American Arbitration Association if either party objects to the State Conciliation Service, and select an arbitrator by the alternate strike method. The arbitrator shall have jurisdiction and authority only to interpret, apply, or determine compliance with the provisions of this Memorandum of Agreement and such Merit System Rules, regulations, policies, procedures, City ordinances, resolutions relating to terms or conditions of employment, wages or fringe benefits, as may hereafter be in effect in the City insofar as may be necessary to the determination of grievances appealed to the arbitrator. The arbitrator shall be without power to make any decision: (1) Regarding matters of interest. (2) Contrary to, or inconsistent with or modifying in any way, the terms of this Memorandum of Agreement. (3) Granting any wage increases or decreases. The arbitrator shall be without authority to require the City to delegate or relinquish any powers which by State law or City Charter the City cannot delegate or relinquish. Where either party seeks arbitration and the other party claims the matter is not subject to the arbitration provisions of this Memorandum of Agreement, the issue of arbitrability shall first be decided by the arbitrator using the standards and criteria set forth in this section and without regard to the merits of the grievance. If the issue is held to be arbitrable, the arbitration proceedings will be recessed for up to five working days during which the parties shall attempt to resolve the grievance. If no resolution is reached, the arbitrator will resume the hearing and hear and resolve the issue on the merits. City of Palo Alto and PAPOA July 1, 2014 – June 30, 2018 50 Copies of the arbitrator's decision shall be submitted to the City, the aggrieved employee and the Union. All direct costs emanating from the arbitration procedure shall be shared equally by the City and the aggrieved employee or the Association. Section 39. Bulletin Boards and Telephones The Association shall have access to existing bulletin boards in Unit employee work areas and to the City e-mail and voice mail systems for the purpose of posting notices or announcements including notices of social events, recreational events, membership meetings, results of elections and reports on minutes of Association meetings. Any other material must have prior approval of the Police Chief. Action on approval will be taken within 24 hours of submission. Emails sent for Association business shall be copied to the Human Resources Director at distribution. City telephones may be used for Association business so long as there is no disruption of work and all toll or message unit calls are charged to the Association credit card. Section 40. Access to Association Representatives Representatives of the Association are authorized access to City work locations for the purpose of conducting business within the scope of representation, provided that no disruption of work is involved and the business transacted is other than recruiting of members or collecting of dues, and the representative must notify the Human Resources Department office prior to entering the work location. Section 41. Meeting Places The Association shall have the right to reserve City meeting and conference rooms for use during non-working hours. Such meeting places will be made available in conformity with City's regulations and subject to the limitations of prior commitment. Section 42. Voluntary Leave Program: (a) The City of Palo Alto has established a Peace Officer Voluntary Leave Program to provide members of the Palo Alto Peace Officers’ Association, Incorporated (hereafter referred to as “PAPOA”) the opportunity to donate their accrued vacation time to assist fellow members of PAPOA either due to: (a) an employee’s own verifiable non-industrial catastrophic illness or injury (as defined herein) or (b) in order to care for a member of the employee’s immediate family (spouse, child, parent or registered domestic partner suffering from a verifiable catastrophic illness City of Palo Alto and PAPOA July 1, 2014 – June 30, 2018 51 or injury) and have exhausted or will presently exhaust all of their paid leave. In order to be eligible to receive donated leave, an employee must have a catastrophic illness or injury or an employee’s immediate family member must have a catastrophic illness or injury that requires the employee to provide full-time care for this family member. Care will be taken to emphasize the voluntary nature of the plan and to insure confidentiality of employee participants and medical conditions (where applicable). A Peace Officer Voluntary Leave Sharing Program has been established to accept donations of vacation in accordance with the Program’s guidelines. All donations shall be: 1. Voluntary 2. Irrevocable 3. Confidential, unless disclosure is required by law 4. In whole hour increments of at least (4) hours, with hours donated being converted to donee hours based on the donee’s salary rate (so that there will be no cost to the City due to salary differential) 5. The employee shall be required to exhaust all other types of leave to request donated leave 6. It is understood that employees seeking or receiving leave under this program will apply for long-term disability benefits for which they may be eligible 7. Where any of the period during which an employee receives donated leave is designated as family leave under the California Family Rights Act (CFRA) or Family Medical Leave Act (FMLA), the employee will be eligible for continuation of medical and other available benefits during that family leave period (for up to 12 weeks), in accordance with the requirements of those laws. If the employee receiving donated leave is not eligible for CFRA/FMLA benefit continuation, or after the employee has exhausted the available CFRA/FMLA leave period, the employee will need to pay the premiums for continued medical and other available benefits if the employee chooses to continue such coverages through the City. 8. If the donation request is based on the need for an employee to care for an immediate family member, as defined above, the family member must require full-time care by the employee. Certification of this requirement by a health care professional is required. 9. The maximum donated time a donee may receive is 12 months (if available). 10. Applications to donate leave or receive leave under this Program are made to the Human Resources Department. 11. This is a pilot program and is subject to cancellation by either party. City of Palo Alto and PAPOA July 1, 2014 – June 30, 2018 52 PAPOA members interested in donating leave or in applying to receive donated leave shall complete forms provided by the Human Resources Department. If an applicant for leave is found to meet the criteria set forth herein, Human Resources will determine the availability of and (as applicable) allocation of donated paid leave. Payroll will be notified in writing of the number of hours to be deducted from each donating employee’s vacation balance and transferred to the donee employee(s). (b) The City reserves the right to modify or terminate this program at any time. (c) Catastrophic Illness or Injury (also referred to as “medical emergency” in Revenue Ruling 90-29 and Sections 801(c) and 812 of the Merit Rules and Regulations): A non-occupational medical condition of an employee that will require the prolonged absence of the employee from duty and which will result in a substantial loss of income to the employee because the employee will have exhausted all paid leave available apart from the Voluntary Employee Leave Sharing Program. Non-disability postpartum leave as referenced in Merit Rule 801(b) shall not be considered a catastrophic illness or injury under this policy. (d) Nothing in this section precludes an Association member from utilizing or participating in the City’s Voluntary Employee Leave Sharing Program. Section 43. Utilization of Reserves for Field Services Division Events (a) Management will determine staffing levels for each event. (b) Events for which the department receives reimbursement will be staffed by regular officers, except that in the event a sufficient number of regular officers are unavailable, reserve officers may be used. (c) Reserves may be used for the May Day Parade, Stanford University or NFL football games, park patrol, Black and White Ball, and supplemental patrol staffing in excess of levels set forth in the Field Services Staffing Levels general order. (d) Events, for which the department does not receive reimbursement, may be staffed in the ratio of two reserve officers to one regular officer. Reserves may be used in any situation where an insufficient number of regular officers are available. (e) Staffing for the University Avenue Street Fair will consist of no less than a 1:1 ratio of regular officers to reserve officers. City of Palo Alto and PAPOA July 1, 2014 – June 30, 2018 53 Section 44. Overtime Meals for Investigative Services Division Effective July 1, 1996, for ISD personnel who are working authorized investigative overtime extending for a period either four hours after the conclusion of their normal work shift, or four hours prior to the beginning of the normal work shift, shall be entitled to reimbursement for the appropriate meal at the City per diem rate. The meal reimbursement shall also apply for any authorized investigative overtime on a weekend or holiday in excess of four hours. Section 45. Hiring Incentives Qualified lateral officers, who have a current basic or higher POST certificate, hired during the term of this agreement may upon City Manager approval: (a) Accrue vacation leave at a beginning rate equal to the rate they were earning at their previous employer, subject to a maximum of 160 hours per year with progression to higher accrual rates as provided in Section 27, Vacation Accrual; and (b) Begin their employment with the City with a sick leave balance not to exceed 96 hours. (c) Receive a $10,000 hiring incentive to be paid according to the following conditions and schedule: $5,000 upon completion of the first year of employment; $2,500 upon completion of the second year of employment; and $2,500 upon completion of the third year of employment. (d) Laterals returning to the Palo Alto Police Department must have been separated from the City for a minimum of 2 years to be eligible for this incentive program. (e) Based on years of service, level of experience, and educational achievement, experienced lateral officers may receive a starting salary at any appropriate level within the “Police Officer” classification as deemed appropriate by the City Manager on recommendation of the Chief of Police. Section 46. Full Understanding (a) The Memorandum of Agreement contains the full and entire understanding of the parties regarding the matters set forth herein. (b) It is the intent of the parties that ordinances, resolutions, rules and regulations enacted pursuant to this Memorandum of Agreement be administered and observed City of Palo Alto and PAPOA July 1, 2014 – June 30, 2018 54 in good faith. (c) Nothing in this agreement shall preclude the parties from mutually agreeing to meet and confer on any subject within the scope of representation during the term of this agreement. (d) Should any of the provisions herein contained be rendered or declared invalid by reason of any existing State or Federal legislation or by reason of State Supreme Court or U. S. Supreme Court ruling, such invalidation of such part or portion of this Memorandum of Agreement shall not invalidate the remaining portions hereof, and they shall remain in full force and effect, insofar as such remaining portions are severable. (e) Prior Agreements & Side Letters: Upon Implementation of this agreement, all prior agreements and side letters become null and void. In any instance where internal department polices and/or practices are in conflict with this agreement, this agreement shall take precedence. (f) During the term of this Memorandum of Agreement, Management may propose certain changes in the City Merit System Rules and regulations. With regard to such changes which pertain to the representation unit, the parties agree to review, and upon request, meet and confer regarding the changes. Section 47. Printed Agreement The City will provide copies of the Memorandum of Agreement resulting from these negotiations in booklet form to all represented employees. Section 48. Duration Except as expressly and specifically provided otherwise herein for the retroactive application of a specific provision(s), this Memorandum of Agreement shall become effective upon ratification by both parties hereto and remain in effect through June 30, 2018. City of Palo Alto and PAPOA July 1, 2014 – June 30, 2018 55 EXECUTED: FOR: FOR: PALO ALTO PEACE OFFICERS' CITY OF PALO ALTO ASSOCIATION Jeremy Schmidt James Keene, City Manager Anthony Becker Rumi Portillo, Human Resources Director Wayne Benitez Dania Torres Wong, Chief Negotiator Renne Sloan Holtzman Sakai Peter Hoffmann, Rains Lucia Stern, PC Natalie Korthamar, Manager of Employee and Labor Relations Frank Lee, Sr. HR Administrator City of Palo Alto and PAPOA July 1, 2014 – June 30, 2018 56 City of Palo Alto and PAPOA July 1, 2014 – June 30, 2018 57 City of Palo Alto and PAPOA July 1, 2014 – June 30, 2018 58 City of Palo Alto and PAPOA July 1, 2014 – June 30, 2018 59 Certificate Of Completion Envelope Id: 08F2C7685A6B48BC95AF7364BA81C6EA Status: Completed Subject: Please DocuSign: PAPOA Draft MOA 14-18 (For Docusign 2).pdf Source Envelope: Document Pages: 63 Signatures: 4 Envelope Originator: Certificate Pages: 2 Initials: 0 Elizabeth Egli AutoNav: Enabled EnvelopeId Stamping: Disabled Time Zone: (UTC-08:00) Pacific Time (US & Canada) 250 Hamilton Ave Palo Alto , CA 94301 elizabeth.egli@cityofpaloalto.org IP Address: 199.33.32.254 Record Tracking Status: Original 3/30/2016 11:10:37 AM Holder: Elizabeth Egli elizabeth.egli@cityofpaloalto.org Location: DocuSign Signer Events Signature Timestamp Anthony Becker Tony.Becker@cityofpaloalto.org Police Sgt/Adv City of Palo Alto Security Level: Email, Account Authentication (None) Using IP Address: 70.197.1.83 Signed using mobile Sent: 3/30/2016 11:14:54 AM Resent: 3/30/2016 1:12:18 PM Viewed: 3/30/2016 1:13:02 PM Signed: 3/30/2016 1:13:45 PM Electronic Record and Signature Disclosure: Not Offered via DocuSign ID: Jeremy Schmidt Jeremy.Schmidt@cityofpaloalto.org Security Level: Email, Account Authentication (None) Using IP Address: 70.197.13.206 Signed using mobile Sent: 3/30/2016 11:14:54 AM Viewed: 3/30/2016 11:24:06 AM Signed: 3/30/2016 11:25:15 AM Electronic Record and Signature Disclosure: Not Offered via DocuSign ID: Peter Hoffmann Phoffmann@rlslawyers.com Security Level: Email, Account Authentication (None) Using IP Address: 173.164.235.235 Sent: 3/30/2016 11:14:54 AM Viewed: 3/30/2016 12:13:17 PM Signed: 3/30/2016 12:18:29 PM Electronic Record and Signature Disclosure: Not Offered via DocuSign ID: Wayne Benitez Wayne.Benitez@cityofpaloalto.org Security Level: Email, Account Authentication (None) Using IP Address: 70.197.13.206 Signed using mobile Sent: 3/30/2016 11:14:54 AM Viewed: 3/30/2016 11:29:08 AM Signed: 3/30/2016 11:30:46 AM Electronic Record and Signature Disclosure: Not Offered via DocuSign ID: In Person Signer Events Signature Timestamp Editor Delivery Events Status Timestamp Agent Delivery Events Status Timestamp Intermediary Delivery Events Status Timestamp Certified Delivery Events Status Timestamp Carbon Copy Events Status Timestamp Notary Events Timestamp Envelope Summary Events Status Timestamps Envelope Sent Hashed/Encrypted 3/30/2016 1:12:19 PM Certified Delivered Security Checked 3/30/2016 1:13:02 PM Signing Complete Security Checked 3/30/2016 1:13:45 PM Completed Security Checked 3/30/2016 1:13:45 PM CITY OF PALO ALTO Memorandum of Agreement City of Palo Alto and Service Employees International Union (SEIU) Local 521 December 1, 2015 – December 31, 2018 City of Palo Alto and SEIU Local 521 December 1, 2015- December 31, 2018 Page 1 of 77 TABLE OF CONTENTS PREAMBLE ........................................................................................................................... 7 ARTICLE I – RECOGNITION .................................................................................................. 7 Section 1 - Recognition. .................................................................................................. 7 Section 2 - Protection of Unit. ........................................................................................ 7 Section 1 – Discrimination. ............................................................................................. 7 Section 2 - Right to Join the Union. ................................................................................ 8 ARTICLE III - UNION SECURITY ............................................................................................ 8 Section 1 - Notice. ........................................................................................................... 8 Section 2 - Agency Shop. ................................................................................................. 8 Section 3 - Documentation. .......................................................................................... 10 Section 4 - Payroll Deduction. ....................................................................................... 10 Section 5 - Bulletin Boards and Departmental Mail. .................................................... 10 Section 6 - Access to Union Representatives. ............................................................... 11 Section 7 - Meeting Places. ........................................................................................... 11 Section 8 - Notification to the Union. ........................................................................... 11 General. ..................................................................................................................... 11 Change in City’s Financial Situation. ......................................................................... 11 Vacancies and Temporary Personnel........................................................................ 11 Section 9 - Union Logo. ................................................................................................. 11 Section 10 - Public Notice ............................................................................................. 12 Section 11 - Use of Agency Reports. ............................................................................. 12 Section 12 - Job Postings. .............................................................................................. 12 Section 13 - Contracting Out. ........................................................................................ 12 ARTICLE IV - STEWARDS .................................................................................................... 12 Section 1 - Union Officers. ............................................................................................ 12 Section 2 - Number of Stewards. .................................................................................. 13 Section 3 - Release Time. .............................................................................................. 13 Section 4 - Advance Notification Before Leaving Work Location. ................................ 13 Section 5 – Release Time .............................................................................................. 13 Section 6 - Designated Union Space. ............................................................................ 14 Section 7 - Union Officers and Release Time. ............................................................... 14 City of Palo Alto and SEIU Local 521 December 1, 2015- December 31, 2018 Page 2 of 77 ARTICLE V - REDUCTION IN FORCE ................................................................................... 14 Section 1 - Attrition. ...................................................................................................... 14 Section 2 - Advance Notice. .......................................................................................... 14 Section 3 - Order of Layoff. ........................................................................................... 14 Section 4 - Seniority/Bumping Rights. .......................................................................... 14 Section 5 - Re-Employment List. ................................................................................... 15 Section 6 -Sick Leave Balances. ..................................................................................... 15 Section 7 - Hourly Employees Performing Duties. ........................................................ 15 ARTICLE VI - PERSONNEL ACTIONS ................................................................................... 16 Section 1 - Probation. ................................................................................................... 16 Section 2 - Personnel Evaluations. ................................................................................ 16 Section 3 - Personnel Files. ........................................................................................... 16 Section 4 - Release of Information. .............................................................................. 17 Section 5 - Promotional Opportunities. ........................................................................ 17 Posting....................................................................................................................... 17 Internal Candidate Eligibility. .................................................................................... 17 Selection .................................................................................................................... 17 Recommended Candidates. ...................................................................................... 18 Seniority. ................................................................................................................... 18 Appointment. ............................................................................................................ 18 Violations. ................................................................................................................. 18 Section 6 - Rights. .......................................................................................................... 18 Section 7 - Apprentice Positions. .................................................................................. 19 Section 8 - Rotation. ...................................................................................................... 19 ARTICLE VII - PAY RATES AND PRACTICES ......................................................................... 19 Section 1 - Salary. .......................................................................................................... 19 Section 3 - Working Out of Classification. .................................................................... 19 Section 4 - Classification Changes. ................................................................................ 20 Section 5 - Reclassification Requests. ........................................................................... 20 Section 6 - Assignment to a Lead Position. ................................................................... 21 Section 7 - Total Compensation and Survey Database. ................................................ 22 Section 8 - Direct Deposit ............................................................................................. 22 City of Palo Alto and SEIU Local 521 December 1, 2015- December 31, 2018 Page 3 of 77 ARTICLE VIII - HOURS OF WORK, OVERTIME, PREMIUM PAY ........................................... 23 Section 1 - Work Week and Work Day.......................................................................... 23 Section 2 - Overtime Work. .......................................................................................... 23 Section 3 - Work Shifts. ................................................................................................. 24 Section 4 - City-Paid Meals. .......................................................................................... 25 Section 5 - Break Periods. ............................................................................................. 26 Section 6 - Clean-Up Time. ............................................................................................ 27 Section 7 - Standby Pay, Call-Out Pay. .......................................................................... 27 Standby Compensation. ............................................................................................ 27 Minimum Call-Out Pay. ............................................................................................. 27 Section 9 - Bilingual Premium. ...................................................................................... 27 Section 10 - Communications Training Officer (CTO) Compensation........................... 28 ARTICLE IX - UNIFORMS AND TOOL ALLOWANCES........................................................... 28 Section 1 - Uniforms. .................................................................................................... 28 Section 2 - Tool Allowance. ........................................................................................... 31 Section 3 - Shoe Allowance. .......................................................................................... 31 Section 4 – Certifications. ............................................................................................. 32 Section 5 - Weather Protection. ................................................................................... 36 ARTICLE X - HOLIDAYS ....................................................................................................... 36 Section 1 - Fixed Holidays. ............................................................................................ 36 Section 2 - Pay for Fixed Holidays. ................................................................................ 37 Section 3 - Work on Fixed Holidays. ............................................................................. 37 Section 4 - Variations in Work Week. ........................................................................... 37 Section 5 - Floating Days Off ......................................................................................... 38 ARTICLE XI - VACATIONS ................................................................................................... 38 Section 1 - Vacation Accruals. ....................................................................................... 38 Section 2 - Holiday Falling During Vacation. ................................................................. 39 Section 3 - Illness During Vacation. ............................................................................... 39 Section 4 - Accrued Vacation Pay for Deceased Employees. ........................................ 39 Section 5 - Effect of Extended Military Leave. .............................................................. 39 Section 6 - Vacation at Termination. ............................................................................ 39 Section 7 - Vacation Cash Out. ...................................................................................... 39 City of Palo Alto and SEIU Local 521 December 1, 2015- December 31, 2018 Page 4 of 77 ARTICLE XII - LEAVE PROVISIONS ...................................................................................... 40 Section 1 - Sick Leave. ................................................................................................... 40 Section 2 - Bereavement Leave. ................................................................................... 41 Section 3 - Military Leave. ............................................................................................. 42 Section 4 - Leave Without Pay. ..................................................................................... 42 Section 5 - Jury Duty and Subpoenas ............................................................................ 42 Section 6 - Time Off to Vote. ......................................................................................... 43 Section 7 - Disapproval of Leave of Absence. ............................................................... 43 Section 8 - Personal Business Leave Chargeable to Sick Leave. ................................... 43 Section 9 - Return to Assignment. ................................................................................ 43 ARTICLE XIII - WORKERS' COMPENSATION INSURANCE ................................................... 43 Section 1 - Industrial Temporary Disability. .................................................................. 43 Section 2 - Vocational Rehabilitation Benefits for Permanently Disabled Employees. 44 ARTICLE XIV - BENEFIT PROGRAMS................................................................................... 44 Section 1 - Health Plan. ................................................................................................. 44 Active Employees ...................................................................................................... 44 Health Plan Coverage for Future Retirees Hired Before January 1, 2005. ............... 45 PERS – Health Benefit Vesting For Future Retirees Effective January 1, 2005 or any existing employee who opts into this vesting schedule. .......................................... 45 Coverage for Domestic Partners. .............................................................................. 46 Alternative Medical Benefit Program. ...................................................................... 46 Section 2 - Dental Plan. ................................................................................................. 47 Section 3 - Vision Care. ................................................................................................. 47 Section 4 - Life Insurance. ............................................................................................. 48 Section 5 – Long Term Disability Insurance. ................................................................. 48 Section 6 - Effective Date of Coverage for New Employees. ........................................ 48 Section 7 - Dual Coverage. ............................................................................................ 48 Section 8 - Deferred Compensation.............................................................................. 48 Section 10 - Training Programs. .................................................................................... 49 ARTICLE XV - RETIREMENT ................................................................................................ 49 Section 1 - PERS Continuation. ..................................................................................... 49 Pension Group A: 2.7% @ 55. ................................................................................... 49 City of Palo Alto and SEIU Local 521 December 1, 2015- December 31, 2018 Page 5 of 77 Pension Group B: 2.0% @ 60 – (Single Highest Year). .............................................. 49 Pension Group C: 2.0% @ 60 – (3 Highest Years). .................................................... 50 Pension Group D: 2% @ 62. ...................................................................................... 50 Section 2 - Employee Share. ......................................................................................... 50 Section 3. Employer Share. ........................................................................................... 50 Section 4 - Utility Rates Discount. ................................................................................. 51 ARTICLE XVI - COMMUTE INCENTIVES AND PARKING ...................................................... 51 Section 1 - Commute Incentive. .................................................................................... 51 Civic Center Parking .................................................................................................. 51 Carpool. ..................................................................................................................... 51 Bicycle. ...................................................................................................................... 51 Walk... ....................................................................................................................... 52 Transit or vanpool users: .......................................................................................... 52 Go Pass. ..................................................................................................................... 52 Section 2 – Parking Lot Security – Municipal Service Center. ...................................... 52 Section 3 – Bicycle Lockers and Motorcycle Parking. ................................................... 52 ARTICLE XVII - PHYSICAL EXAMINATIONS ......................................................................... 52 ARTICLE XVIII – SAFETY ..................................................................................................... 52 Section 1 - Health and Safety Provisions ...................................................................... 52 Section 2 - Union Cooperation. ..................................................................................... 53 Section 3 - Safety Committees and Disputes. ............................................................... 53 ARTICLE XIX - GRIEVANCE and APPEAL PROCEDURE ........................................................ 54 Section 1 - General Provisions. ..................................................................................... 54 Section 2 – Definitions. ................................................................................................. 54 Section 3 - Conduct of Grievance Procedure or Appeal of Disciplinary Action Procedure. ..................................................................................................................... 54 Section 4 - Grievance and Appeal Procedure. .............................................................. 56 Step I. ........................................................................................................................ 56 Step II. ....................................................................................................................... 56 Step III. ...................................................................................................................... 57 Step IV. ...................................................................................................................... 57 ARTICLE XX - UNSATISFACTORY WORK OR CONDUCT AND DISCIPLINARY ACTION ......... 58 City of Palo Alto and SEIU Local 521 December 1, 2015- December 31, 2018 Page 6 of 77 Section 1 - Preliminary Notice of Discipline. ................................................................. 58 Section 2 - Skelly Meeting. ............................................................................................ 59 Section 3 – Appeals. ...................................................................................................... 59 ARTICLE XXI - NO ABROGATION OF RIGHTS ..................................................................... 59 ARTICLE XXII - OUTSIDE EMPLOYMENT ............................................................................ 60 ARTICLE XXIII – WORK STOPPAGE AND LOCKOUTS .......................................................... 60 ARTICLE XXIV - PROVISIONS OF THE LAW ......................................................................... 60 Section 1 - Conformity and Separability of Provisions. ................................................ 60 Section 2 - Merit Rules and Regulations. ...................................................................... 60 Section 3 - Resolution. .................................................................................................. 60 ARTICLE XXV - TUITION REIMBURSEMENT ....................................................................... 60 ARTICLE XXVI - COST REDUCTION PROGRAMS ................................................................. 61 ARTICLE XXVII – TERM ....................................................................................................... 62 APPENDIX A ....................................................................................................................... 64 APPENDIX B. APPRENTICESHIPS ........................................................................................ 65 APPENDIX C. DEPT/DIVISION CLASSIFICATION WORKDAY OR WORKWEEK VARIATION . 68 APPENDIX D. IN-LIEU PREMIUMS ..................................................................................... 73 APPENDIX E. COMMUNICATIONS DIVISION PROMOTIONS ............................................. 74 APPENDIX F. RECOVERY OF CITY TRAINING COSTS .......................................................... 75 APPENDIX G. RECOVERY OF TRAINING INVESTMENT AGREEMENT ................................ 76 City of Palo Alto and SEIU Local 521 December 1, 2015- December 31, 2018 Page 7 of 77 2015-2018 MEMORANDUM OF AGREEMENT City of Palo Alto and SEIU Local 521 PREAMBLE This Memorandum of Agreement (hereinafter “MOA” is entered into by the City of Palo Alto (hereinafter referred to as the “City”) and Local 521 Service Employees’ International Union, CTW (hereinafter referred to as the “Union”). For the purposes of this MOA “employee” shall mean an employee assigned to a classification within the SEIU General Employee bargaining unit. This MOA is pursuant and subject to Sections 3500-3510 of the Government Code of the State of California and Chapter 12 of the City of Palo Alto Merit Rules and Regulations. ARTICLE I – RECOGNITION Section 1 - Recognition. Pursuant to Sections 3500 - 3510 of the Government Code of the State of California and Chapter 12 of the City of Palo Alto Merit System Rules and Regulations, the City recognizes the Union as the exclusive representative of a representation unit consisting of all regular full and part-time employees in the classifications listed in Appendix A attached hereto. This unit, shall for purposes of identification, be titled the SEIU General Employees bargaining unit (hereinafter “General Unit”). Section 2 - Protection of Unit. No supervisor will perform the work of an employee in the General Unit provided that there is an employee available who regularly performs such work. This does not preclude a supervisor from performing work of a minor nature or during bona fide emergencies or on a standby status when willing and qualified unit employees do not live within a reasonable response time of their work location. Supervisory personnel shall be called out to perform unscheduled work only when SEIU General unit employees are unavailable to perform such work or in cases of bona fide emergencies as defined in Article VIII, Section 2. In cases of bona fide emergencies, SEIU General Unit employees shall be called out to complete the necessary work after the immediate emergency situation has been reasonably contained. ARTICLE II - NO DISCRIMINATION Section 1 – Discrimination. The City of Palo Alto is committed to providing a work environment free from all forms of harassment and discrimination and agrees not to harass or discriminate against employees or applicants based on such characteristics City of Palo Alto and SEIU Local 521 December 1, 2015- December 31, 2018 Page 8 of 77 such as race, ethnicity, color, religion, political affiliation, veteran status, military status, national origin, ancestry, disability, medical condition, marital status, age, pregnancy, sex, sexual orientation, gender identity and gender expression, or the perception that any person has such characteristic, and any other characteristic protected by federal or state law or City Ordinance. The City of Palo Alto will not harass or discriminate against employees from exercising their rights to organize in accordance with the Meyers-Milias Brown Act. Complaints of harassment and discrimination should be reported immediately to the Department of Human Resources and will be investigated in accordance with the City’s Policy and Procedures. Section 2 - Right to Join the Union. The City and the Union agree to protect the rights of all employees to exercise their free choice to join the Union and to abide by the express provisions of applicable State and local laws. ARTICLE III - UNION SECURITY Section 1 - Notice. When a person is hired in any of the covered job classifications, the City shall notify that person that the Union is the recognized bargaining representative for the employee and give the employee a current copy of the Memorandum of Agreement. When a group employee orientation is held for new employees of the bargaining unit, a union representative may make a presentation to such bargaining unit employees for the purpose of explaining matters of representation. The presentation shall not exceed 15 minutes. Section 2 - Agency Shop. a) Every employee in the bargaining unit covered by this Memorandum of Agreement shall: 1) remain a member in good standing of the Union; or 2) pay to the Union a monthly service fee, to be set by the union in accordance with applicable law, in an amount not to exceed the standard initiation fee, periodic dues, and general assessments of the organization; or, 3) in the case of an employee who certifies that he/she is a member of a recognized religion, body or sect which has historically held conscientious objection to joining or financially supporting public employee organizations, pay a charity fee, equal to the service fee, to a non-religious, non-labor charitable fund exempt from taxation under Section 501 (c)(3) of the Internal City of Palo Alto and SEIU Local 521 December 1, 2015- December 31, 2018 Page 9 of 77 Revenue Code, chosen from one of the following three charitable organizations agreed to by the City and the Union (or any successor organization(s) agreed to by the City and the Union): United Way of California Community Health Charities Environmental Federation of California Union members may declare their intention to terminate Union membership by registered letter, return receipt requested, to the Director of Human Resources and the Union only during the 30-day period between 60 and 90 days before expiration of the MOA. b) Employees who are newly hired into or who join the bargaining unit shall elect one of the above payment deduction options by completing and submitting the Employee Election form within thirty (30) calendar days of being hired into a classification covered by this MOA. c) To qualify for deduction of the Charity Fee, the employee must certify to the Union and City that he/she is a member of a bona fide religious body or sect that has historically held conscientious objection to joining or financially supporting public employee organizations. The employee is required to submit to the City and the Union a notarized letter signed by an official of the bona fide religion, body, or sect certifying that person’s membership. Upon request, the City shall provide to the Union a report of payments made by employees that qualify for the Charity Fee option in this subsection. d) The deductions in this Section shall not apply during any period where an employee is in an unpaid status. e) Involuntary Service Fee Deduction Process: The City shall deduct a service fee from the salary of each bargaining unit member who has not authorized a dues deduction, service fee deduction or charity fee in writing within the time stated in this Section, above. The Union certifies that it has consulted with knowledgeable legal counsel and has thereby determined that this involuntary service fee deduction process satisfies all constitutional and statutory requirements. f) Agency shop may be rescinded only in accordance with the provision of state law. g) Indemnification, Defense and Hold Harmless: Union agrees to indemnify and hold harmless the City and all officials, employees, and agents acting on its behalf, from any and all claims, actions, damages, costs, or expenses including all attorney’s fees City of Palo Alto and SEIU Local 521 December 1, 2015- December 31, 2018 Page 10 of 77 and costs of defense in actions against the City, its officials, employees or agents as a result of actions taken or not taken by the City pursuant to the Agency Shop Arrangement. h) Sign-up forms for deduction of union dues, service fees and charity fees shall be provided by the Union and approved by the City. Section 3 - Documentation. The City shall supply the Union with: a) a monthly electronic file of the names, member/fee payer designation, addresses, classifications, monthly base pay, pay period number, Committee on Political Education (COPE) listed separately and last four digits of the Social Security number of all bargaining unit employees except those who file written notice with the Human Resources Department objecting to release of addresses, in which case information will be transmitted without address; and b) a list of bargaining unit new hires, terminations and retirements which occurred during the previous month. The Union shall supply the City, and as applicable, the employees, with documentation required by Government Code Section 3502.5 (f). Section 4 - Payroll Deduction. The City shall deduct Union membership dues, service fees, charity fees, and any other mutually agreed upon payroll deduction, which may include voluntary COPE check-off, from the bi-weekly pay of bargaining unit employees. The dues/fees deduction must be authorized in writing by the employee on an authorization form acceptable to the City and the Union, except as provided in Section 2(e), above. The dues deduction form shall include a check box for those employees who wish the Union to receive notification in the event of unsatisfactory work, conduct, or disciplinary action taken pursuant to Article XX. City shall remit the deducted dues or fees to the Union as soon as possible after deduction. Section 5 - Bulletin Boards and Departmental Mail. The Union shall have access to inter- office mail, existing bulletin boards in unit employee work areas, and existing Union- paid telephone answering device for the purpose of posting, transmitting, or distributing notice or announcements including notices of social events, recreational events, Union membership meetings, results of elections and reports of minutes of Union meetings. Any other material must have prior approval of the Human Resources Office. Action on approval will be taken within 24 hours of submission. The Union may send email messages only for the purposes set forth above. The IT Department will maintain the SEIU list and keep it current. The Union access to email is based on the following City of Palo Alto and SEIU Local 521 December 1, 2015- December 31, 2018 Page 11 of 77 conditions: 1) emails to the SEIU list will be copied to the Human Resource Director at distribution; 2) emails to the SEIU list will only be sent by the SEIU Chapter Chair, Vice Chair, Chief Steward (s) or Secretary, 3) a maximum of 52 emails may be sent per year and a maximum of 12 emails may be sent by the SEIU Chapter Secretary. Section 6 - Access to Union Representatives. Representatives of the Union are authorized access to City work locations for the purpose of conducting business within the scope of representation, provided that no disruption of work is involved and the business transacted is other than recruiting of members or collecting of dues, and the representative must notify the Human Resources Department Office prior to entering the work location. Section 7 - Meeting Places. The Union shall have the right to reserve City meeting and conference rooms for use during lunch periods or other non-working hours. Such meeting places will be made available in conformity with City's regulations and subject to the limitations of prior commitment. Section 8 - Notification to the Union. a. General. The Union shall be informed in advance in writing by Management before any proposed changes not covered by this Memorandum of Agreement are made in benefits, working conditions, or other terms and conditions of employment which require meet and confer or meet and consult process. b. Change in City’s Financial Situation. Should the City’s financial situation deteriorate and the possibility of layoffs result, the City Manager will give prior notice to and consult with the Union prior to recommending any layoffs to the City Council. c. Vacancies and Temporary Personnel. The City agrees to notify SEIU Local 521 in writing when any irregular, temporary, hourly, provisional, special or extra help employee who consistently performs work typical of the SEIU Local 521 bargaining unit exceeds 1,000 hours of work within a 18-month period. The City agrees to notify SEIU Local 521 in writing when any position covered by this agreement is left vacant for more than 60 days. Through a separate meet and confer process, the City and Union will develop a way to convert long term, ongoing temporary-hourly positions to regular status. The City and Union will meet and confer regarding wages, benefits and terms and conditions of work. Section 9 - Union Logo. All materials and documents produced on Itek and metal plates, by the City print and reproduction shop, shall carry the Union label on the inside of covers or title pages in accordance with customary printing trades practices. City of Palo Alto and SEIU Local 521 December 1, 2015- December 31, 2018 Page 12 of 77 Section 10 - Public Notice. The City shall make available to the Union, in a timely manner, copies of all City Council meeting agendas, minutes and schedule of meetings. These materials will be available online via the City’s website. Section 11 - Use of Agency Reports. Upon request, the City shall provide to the Union reports by department on the use of agency temporaries filling representation unit vacant positions, or doing work similar to that of representation unit classifications. Section 12 - Job Postings. The City shall incorporate the requirements of this Article when publicizing job announcements for classifications covered by this Memorandum of Agreement. Section 13 - Contracting Out. The City through the labor management process will keep the Union advised of the status of the budget process, including any formal budget proposal involving the contracting out of SEIU bargaining unit work traditionally performed by bargaining unit members at least thirty (30) days prior to the release of the City Manager’s proposed budget. The City will notify the Union in writing at least ninety (90) days prior to contracting work which has been traditionally performed by bargaining unit members, where such contracting will result in layoff or permanent reduction in hours. Within the ninety (90) day period of contracting out, both parties may offer alternatives to contracting out and meet and confer on the impact of such contracting out of a bargaining unit employee work. The City will notify the Union in writing when contracting out work which has been traditionally performed by bargaining unit workers, where such contracting out is expected to replace a laid off bargaining unit position that has been eliminated within ninety (90) days prior to the date of the planned contract work. When feasible, the City will provide such notice prior to the beginning date of the planned contract work. The City will meet with the Union upon request to discuss alternatives. This provision does not apply to the filling of temporary vacancies of twelve (12) months or less duration. The City will provide the Union with a biannual list by department of all contract workers or vendors who are contracted by the City who perform work for the City. The City will make a reasonable effort to identify the names of the vendors on the list and the nature of the work provided by each vendor. ARTICLE IV - STEWARDS Section 1 - Union Officers. The Union agrees to notify the Director of Human Resources of those individuals designated as Union officers and stewards who receive and investigate grievances and represent employees before Management. Alternates may be designated to perform steward functions during the absences or unavailability of the steward. City of Palo Alto and SEIU Local 521 December 1, 2015- December 31, 2018 Page 13 of 77 Section 2 - Number of Stewards. The number of stewards designated by the Union at a given time shall not exceed thirty-five (35). Section 3 - Release Time. It is agreed that, as long as there is prior notice as specified below to the Supervisor and the release of stewards will not unreasonably disrupt City operations, stewards shall be allowed reasonable release time away from their work duties, without loss of pay, to represent a unit employee or employees on grievances or matters within the scope of representation, including: a) A meeting of the steward and an employee, or employees of that unit related to a grievance. b) A meeting with Management. c) Investigation and preparation of grievances. Grievances may be transmitted on City time. All steward release time shall be reported on time cards. Section 4 - Advance Notification Before Leaving Work Location. The Union agrees that the steward shall give no less than one (1) full business day advance notification to his/her supervisor before leaving the work location, except in those cases involving an unforeseeable circumstance that requires immediate union representation where advance notice cannot be given or when the relevant supervisor otherwise allows less notice. A supervisor may deny such a request for release from duty if the steward is needed to ensure real time delivery of services that the steward provides for the public or internal City customers and another employee who normally provides such services is not available on a straight time basis to relieve the steward, or in a bona fide emergency. If such denial occurs, the union may request the release of another of its designated stewards to perform the representation duties involved. Such request shall be processed in accordance with the terms set forth in this section except that the requirement for a full business day advance notice to the replacement representative’s supervisor shall not apply. Nothing herein shall preclude the City from rescheduling a meeting it has scheduled, to facilitate the attendance of a steward who has requested release if, in the City’s judgment, such change can be undertaken without undermining the objectives of the meeting. Section 5 – Release Time. Three Union officers, who are City employees, shall be allowed a reasonable amount of release time off for purposes of meeting and conferring or meeting and consulting on matters within the scope of representation. All such time will be reported on timecards. City of Palo Alto and SEIU Local 521 December 1, 2015- December 31, 2018 Page 14 of 77 Section 6 - Designated Union Space. Union stewards may utilize space in assigned desks for storage of Union materials. In the event stewards are not assigned desks the City will provide locker or other mutually agreeable space for storage of Union materials. Section 7 - Union Officers and Release Time. Six union officers, who are City employees shall be allowed a reasonable amount of release time off for monthly Labor/Management Meetings. ARTICLE V - REDUCTION IN FORCE Section 1 - Attrition. In the event of reductions in force, they shall be accomplished wherever possible through attrition. Section 2 - Advance Notice. When the City determines that layoffs are imminent resulting from reduction in force within the representation unit, the City will give the Union such advance notice as is reasonable under the circumstances. The notice will indicate the departments and divisions which will be affected and the circumstances requiring the layoffs. The City will furnish the Union with a current representation unit seniority list with notice of layoff. Section 3 - Order of Layoff. If the work force is reduced within a department, division, or office for reasons of change in duties or organization, abolition of position, shortage of work or funds, or completion of work, employees with the shortest length of service will be laid off first so long as employees retained are fully qualified, trained, and capable of performing remaining work. Length of service for the purpose of this article will be based on current service hire date of record in a regular classification with no adjustment for leaves of absence. Length of service ties will be determined by lot in a method agreeable to both parties. Employees laid off due to the above reasons will be given written notice at least thirty days prior to the reduction in force. A copy of such notice will be given to the Union. Such employees shall be offered priority employment rights to regular positions which are requisitioned and for which the employees are qualified for a period beginning with notification and ending sixty (60) days following the reduction in force. Employees transferred or reclassified under this section will be assigned to the step in the new classification salary range closest to the employee's salary range at the time of reclassification. Employees laid off pursuant to this section shall receive the balance of all regular City compensation owed and severance pay equal to one month’s salary at the employee’s final rate of pay at termination. This does not include any amounts payable under Article V, Section 6, or PERS contribution refunds, if any. Section 4 - Seniority/Bumping Rights. Employees identified for layoff who have seniority (bumping) rights to their current or previously held classifications within the City of Palo Alto and SEIU Local 521 December 1, 2015- December 31, 2018 Page 15 of 77 representation unit must declare their intention to exercise these rights in writing and submit to the Human Resources Department within seven (7) working days after written notification of layoff, otherwise bumping rights will automatically terminate. Bumping may occur within the representation unit, only to the least senior incumbent of the current or a previously held classification. To bump, the employee must be fully qualified, trained, and perform all work in the position. For purposes of this section of the Agreement, the term "working days" shall mean Mondays through Fridays, exclusive of holidays. When an employee returns to work from a military protected leave, they will be reinstated as required by law. Should this result in bumping a current employee; the displaced employee will have bumping rights as set forth in this section. Section 5 - Re-Employment List. The names of employees laid off or who through bumping changed classification in accordance with the provisions of this Article shall be entered upon a re-employment list in seniority order. The employee with the greatest seniority on the re-employment list, including those who exercised their bumping rights, shall be offered reinstatement first. Such notice of reinstatement shall be in writing with a copy to the employee, Union and Chapter Chair. If a laid off employee waives reinstatement or fails to respond within ten (10) working days of receipt of the notice, the employee shall be removed from the reemployment list. The person with the highest seniority including those who exercised their bumping rights on a re- employment list for a particular classification when a vacancy exists in that classification shall be offered the appointment. Names shall be carried on a re-employment list for a period of two (2) years from the date of separation from City services or change of classification through bumping. Upon re-employment within the two-year period, the employee's hire date of record at the time of layoff will be reinstated. When qualifications are in question, the City and SEIU will meet and confer. Section 6 -Sick Leave Balances. Employees laid off pursuant to Section 2 who are reinstated to a regular position within sixty (60) days shall retain the sick leave balance they had at the time of layoff, unless they have received a sick leave payoff in accordance with Article XII. Section 7 - Hourly Employees Performing Duties. No representation unit employee will be laid off or remain on a re-employment list when hourly employees are performing substantially all the duties of the classification of the employee receiving a layoff notice or on a re-employment list. This provision shall not be applied to hourly positions which have been traditionally used for seasonal and part-time work. City of Palo Alto and SEIU Local 521 December 1, 2015- December 31, 2018 Page 16 of 77 ARTICLE VI - PERSONNEL ACTIONS Section 1 - Probation. Each new regular or part-time employee, except employees in police dispatch positions, shall serve a probationary period of twelve (12) months, commencing with the first day of his/her employment. Each new regular or part-time employee in dispatch positions will serve an 18-month probationary period commencing with the first day of his/her employment. The probationary period shall be regarded as a part of the testing process and shall be utilized for closely observing the employee's work, for securing the effective adjustment of a new employee to his/her position, and for rejecting any probationary employee whose performance does not meet the acceptable standards of work. At least one written performance appraisal will be given each probationary employee on or before expiration of the probationary period. This appraisal will be given approximately at the end of the sixth month and another at the end of the twelfth month for employees in police dispatch positions. In the event of termination prior to successful completion of the probationary period, such terminated employee shall be given written notice of his/her termination with the reasons for the termination stated therein. The Human Resources Department shall, upon request, afford an interview in a timely fashion to the terminated employee for discussion of the reasons for termination. The employee may, upon request, be accompanied by a Union representative. The interview shall not be deemed a hearing nor shall it obligate the City to reconsider or alter the termination action. The parties agree that probationary employees shall have all rights under this Memorandum of Agreement, including full and complete access to the grievance procedure, save and except for instances of suspension, demotion or termination. Section 2 - Personnel Evaluations. Personnel evaluations will be given to employees annually as scheduled by Management. Personnel evaluations are not appealable through the grievance procedure but, in the event of disagreement over content, the employee may request a review of the evaluation with the next higher level of Management, in consultation with the Human Resources Department. For purposes of this review, the employee may be represented by the Union. Decisions regarding evaluation appeal shall be made in writing within ten (10) working days following the review meeting. Section 3 - Personnel Files. Records of all disciplinary actions shall be kept in the central personnel file. Employees shall be entitled to sign and date all action forms in their personnel files. Employees are entitled to review their personnel files upon written request or to authorize, in writing, review by their Union representatives. An employee or the Union shall be allowed, upon reasonable request, copies of materials in an employee's personnel file relating to a grievance. Records of disciplinary actions, including references in a performance evaluation, shall be removed from a personnel file upon written request by the employee after a period of three years, or sooner as City of Palo Alto and SEIU Local 521 December 1, 2015- December 31, 2018 Page 17 of 77 mutually agreed by Management and the employee so long as the disciplinary action did not involve a violation of state and federal harassment and discrimination laws. Section 4 - Release of Information. The City will only release information to creditors or other persons upon prior identification of the inquirer and acceptable reasons for the inquiry. Information then given from personnel files is limited to verification of employment, length of employment and verification and disclosure of salary range information. Release of more specific information may be authorized by the employee. Section 5 - Promotional Opportunities. a) Posting. Promotional opportunities for classifications within the representation unit will be posted for at least ten (10) working days (Monday through Friday) prior to selection. Outside recruitment may be used for promotional openings and may begin at the time of posting, or any time thereafter. If, however, there are three or more qualified internal candidates within the department where the vacancy occurs, and those candidates successfully complete the selection process, outside candidates will not be considered. b) Internal Candidate Eligibility. All non-probationary representation unit employees are eligible to apply for posted promotional opportunities, except that Management may waive this requirement for all probationary employees within the department where the promotional opportunity occurs. c) Selection. The selection procedure for each promotional opening will be determined and administered by the Human Resources Department in consultation with the requisitioning department. Selection procedure and job description information will be available at the Human Resources Office at the time of posting. Efforts will be made to standardize tests and procedures where standardization is feasible and appropriate. Any tests used shall be reasonably predictive of success in the classification, and tests not be biased with respect to race, sex, sexual orientation, religion, creed, political affiliation, color, national origin, ancestry, or age. Selection procedures may include any or all of the following phases: 1) Application. Both inside and outside candidates must complete a City of Palo Alto application form specified by the Human Resources Department. Applications must be submitted to the Human Resources Office. 2) Screening. Applications will be screened by the Human Resources Department and, in some circumstances, a manager from the Department seeking to fill a position to ascertain whether candidates meet minimum requirements as outlined in the job description. Internal candidates deemed not to meet City of Palo Alto and SEIU Local 521 December 1, 2015- December 31, 2018 Page 18 of 77 minimum requirements may submit additional qualification information writing within three working days of notification of requirement deficiency. 3) Performance Testing. Performance tests, such as typing, machinery or vehicle operation, skills demonstration, physical agility, etc., will be qualifying. Pass-fail points will be announced in advance for qualifying tests. If requested in writing prior to the test, performance test may be witnessed by Union steward. 4) Written Tests. Written achievement or aptitude tests will be qualifying. Pass- fail points will be announced in advance for qualifying tests. 5) Interviews, Appraisals. Interviews may be conducted individually or by interview boards and will be qualifying. Interview boards shall be composed of qualified and unbiased people. Where interview boards are used, Management will include at least one bargaining unit employee on each board. If individual interview or an interview board is used, a majority of the individuals or board members must recommend a candidate in order for the candidate to qualify for appointment. Performance appraisals written by candidates' supervisors may be used as indicated in the selection procedure. d) Recommended Candidates. Candidates who successfully complete all phases of the selection procedure will be recommended to the appointing authority. e) Seniority. Seniority, for purposes of this Article, will be based on current service hire date of record in a regular classification with no adjustment for leaves of absence. Seniority ties will be determined in favor of the employee with the lowest employee number last four digits. Exceptions to this subsection may be established by mutual agreement on a departmental or divisional basis. Such exceptions are listed in Appendix G. f) Appointment. The appointing authority will make appointments from among those recommended candidates who are most qualified as determined by objective review of selection procedure results and background materials. Where appointments are made from only internal candidates who are equally qualified as determined by objective review of selection procedure results and past performance, seniority will be the determining factor in promotional appointments. g) Violations. Any violation of this Article may be appealed to the Human Resources Director in Step III of the grievance procedure. Section 6 - Rights. Unit employees applying for a vacant equal or lower paying position shall have the same rights as unit employees applying for a promotion. City of Palo Alto and SEIU Local 521 December 1, 2015- December 31, 2018 Page 19 of 77 Section 7 - Apprentice Positions. (a) The City shall establish apprentice positions wherever feasible. Length of apprenticeship, type of training, and pay levels shall be by mutual agreement. Where possible, apprentice positions will underfill regular positions so that incumbents may automatically progress to the classification for which they are training upon successful completion of apprenticeship. The City will meet and confer with the Union before adding any new apprenticeship programs during the term of this agreement. All apprenticeship programs are listed in Appendix B. Section 8 - Rotation. In assigning employees to regular or special shifts, transfer, standby, overtime, or vacation selection, ability to perform the work, length of service or equitable rotation shall determine the assignments. In accordance with this provision, more definitive rules may be arranged by mutual agreement of the Union and individual City departments. ARTICLE VII - PAY RATES AND PRACTICES Section 1 - Salary. The base salary rates and ranges for job classifications covered by this bargaining unit shall be increased as set forth in Appendix A-1 to reflect salary increases for all positions in the unit and market adjustments to positions identified in the total compensation survey as under-market based on the survey results for base, cash, insurance and the normal cost of retiree medical (when such information is required by and verified through the CAFR), with total rates and ranges as set forth in Appendix A-2 (Salary Schedule) attached hereto. Section 2 - Step Increases. Merit advancements from the first salary step to the second salary step shall be granted upon successful completion of probation and between second and subsequent steps at one-year intervals, if the affected employee has demonstrated continued improvement and efficient and effective service. For the purpose of determining step time requirements, time will commence on the first day of the month coinciding with or following entrance onto a salary step. Step increases shall be effective on the first day of the payroll period in which the time requirements have been met. Section 3 - Working Out of Classification. The term "working out of classification" is defined as a Management authorized full-time assignment to a budgeted/approved position on a temporary basis wherein all significant duties are performed by an individual holding a classification within a lower compensation range. Out-of- classification provisions do not apply to work assignments performed in connection with specific predetermined apprenticeship or training programs, or declared conditions of public peril and/or disaster. Pay for working out of classification shall be as follows: City of Palo Alto and SEIU Local 521 December 1, 2015- December 31, 2018 Page 20 of 77 a) Employees appointed to an "out of classification" will receive acting pay beginning the first day of the assignment and shall be paid for all hours worked in the higher classification provided employee works a minimum of four (4) hours. b) Where out-of-class appointments last for more than 90 days, and whenever feasible, an out-of-class appointment will be rotated among qualified interested employees in the work group. c) Employees will receive 5% premium pay for all assigned out of class pay for work within SEIU Classifications with the exception of lead assignments where the out of class pay will result in a 7% premium pay. d) Employee appointed to “out of class” assignments that are in the Management and Professional Compensation Plan or in Utilities Management and Professional Association for at least one workweek will receive up to a 10% premium pay. Section 4 - Classification Changes. a) During the course of this agreement, the Union and affected employees shall be notified in advance of any contemplated changes in classification description, wage range or steps. Such changes shall be subject to the meet and confer process. Such meet and confer process shall be concluded within no more than thirty (30) days following delivery of the City’s notice to the Union. If the Union and the City cannot reach agreement on the appropriate pay level from a job so reclassified, the Union may, within ten (10) City business days following the conclusion of the meet and confer process described above by delivery of written notice to the Human Resources Director, refer the dispute over the proposed wage range or steps to arbitration at Step IV of the Grievance Procedure set forth at Article XIX of this Memorandum of Agreement. Section 5 - Reclassification Requests. a. An employee or his/her representative may request in writing a re-evaluation of his/her job based on significant permanent changes in job content or significant discrepancies between job content and classification description. The request must be in writing, contain justification and may be made only on an annual basis during the period of September 10 through October 10. A statement by management that a job reevaluation request will be submitted with the departmental budget does not relieve an employee from the responsibility of submitting his/her own request during this period. The Human Resources Director or his or her designee will initially respond to such requests within ninety (90) calendar days by notice to the employee and the union; however, this timeline may be extended if necessary. Such response shall include any City of Palo Alto and SEIU Local 521 December 1, 2015- December 31, 2018 Page 21 of 77 reclassification to a different classification or changes in description that the City believes are warranted and any related changes in applicable pay range or steps. If meetings are held, the employee may request representation. If a reclassification is approved and results in an increase in salary, it shall be retroactive to the date the Employee or Union filed the request for the reclassification. b. If the employee or Union disagrees with the accuracy of the description of duties resulting from the study conducted pursuant to subsection (a) of this Section or with the wage range or steps assigned by the City as a result of the study, the employee or Union may, within ten (10) City business days of delivery of notice of such determination, appeal such decision under step IV of Article XIX, Grievance Procedure. c. In a dispute under Section 4(a) or section 5(b) above, the arbitrator shall render his or her decision on the appropriate wage range or steps within twenty-one (21) days after the initial hearing date. The same time line will be observed for disputes over the accuracy of the revised classification description. The parties will notify the arbitrator of this deadline at the time of the arbitrator’s selection. In reaching a decision on wage range and steps under Section 4(a) or 5(b) above, the arbitrator shall base his or her award on the factors traditionally taken into account in the establishment of compensation. When deciding a dispute over the accuracy of the revised classification description under section 5(b) above, the arbitrator shall identify the modifications of the pre-existing classification necessary to accurately reflect the permanent changes, if any, that have been implemented. Upon receipt of the arbitrator’s award, the City shall implement the revised classification and wage range or steps as provided in the award except as provided under subsection 5(c) of this section below. Notwithstanding an arbitrator’s award pursuant to any appeal process, the City retains the right to forego implementing the changes and the proposed changes shall revert to the status quo as it existed before those changes in duties occurred or were proposed. d. An employee may submit a request for reclassification for the same classification no more than once every twenty-four (24) months. Section 6 - Assignment to a Lead Position. All vacancies in lead positions shall be filled in accordance with Article VI, Section 5. The pay range for the lead position shall be seven percent above the pay step of the highest paid employee on the crew. Departmental exceptions for filling lead positions on a rotational basis for training and development purposes may be arranged by mutual agreement of the Union and individual City departments. City of Palo Alto and SEIU Local 521 December 1, 2015- December 31, 2018 Page 22 of 77 Section 7 - Total Compensation and Survey Database. a) Management and the Union have agreed to a compensation survey database structure which identifies specific benchmark classifications for job families, classifications within the job families of each benchmark classification, survey agencies and survey classification matches. Survey Cities include: Alameda Hayward San Mateo Berkeley Mountain View Santa Clara Daly City Redwood City S. San Francisco Fremont San Jose Sunnyvale If the employer list will not permit the production of a survey report that includes data from at least four (4) employers that employ employees in a classification comparable to the classification surveyed by the City, neither party is precluded from bringing forward information on other employers in the relevant recruitment area that employ workers in a comparable classification so that data from at least five (5) surveyed employers will be included in the study, if feasible. Such employer may include any public or private employer. The database is intended to provide one source of information concerning how the compensation paid to employees in bargaining unit job classifications compares to that paid by other employers. The City will update the survey database and send the Union a copy six weeks before expiration of this agreement. This survey will be considered in connection with special adjustment proposals in successor agreement negotiations. By agreeing to a survey database, neither Union nor Management is under obligation to propose or agree to special adjustments. Section 8 - Direct Deposit Beginning in the first pay period following union ratification and adoption of this Agreement by the City Council, the City shall directly deposit all paychecks for Unit employees in a financial institution of the employee’s choice that accepts direct deposits and does not charge the City a fee(s) for direct deposit service. In the event that the employee fails to designate a financial institution for direct deposit of his or her payroll check, the employee shall pick up the check personally in the City’s Administrative Services Department office on the next business day following payday at a pickup time designated by Administrative Services. City of Palo Alto and SEIU Local 521 December 1, 2015- December 31, 2018 Page 23 of 77 ARTICLE VIII - HOURS OF WORK, OVERTIME, PREMIUM PAY Section 1 - Work Week and Work Day. The standard workday for regular employees shall be eight hours to be worked within a maximum of nine hours (five-day work week) or ten hours to be worked within a maximum of eleven (four-day work week) or nine hours to be worked within a maximum of ten for four days with a fifth day of four hours (four and one-half day work week); or, within a fourteen-day period, nine hours to be worked within a maximum of ten hours for one day and eight hours to be worked within a maximum of ten hours for one day, with the work week scheduled to begin so that forty hours are worked within each seven days of the fourteen-day period (9/80 plan, with forty-hour work weeks), or any other schedule that results in a 40-hour work week, or fits within the parameters of an FLSA 2080 Plan. The "9/80 plan" may not be used in any application that requires entitlement to FLSA overtime for working the regular work week. With the exception of the 9/80 plan as described above and flexible scheduling for Police Dispatchers, the standard work week shall be forty hours to be worked within five consecutive days. Additional exceptions to the above are listed in Appendix D. The Union shall be notified of any further exceptions to this section in accordance with Article III, Section 8. The City and the Union agree that the availability of alternate/flexible work schedules is a valuable benefit in that they promote job satisfaction while also reducing traffic congestion and air pollution. During the term of this agreement, employees, subject to the conditions of their job assignment, may propose an alternate work schedule as listed under this Section. Such proposals must be made to the department head through the immediate supervisor. Serious consideration will be given to the feasibility and productivity of such proposals, however Management retains the right to determine scheduling needs. Section 2 - Overtime Work. a) Overtime work for all unit employees shall be defined as any time worked beyond the standard workday or beyond the standard work week. Emergency overtime is defined as unplanned overtime work arising out of situations involving real loss of service or property or personal danger. Emergency overtime does not include: i. overtime work resulting from personnel replacement for purposes of maintaining scheduled staffing; ii. overtime work which is planned in advance; iii. overtime work resulting from being held over for up to four hours to finish work performed during the regular shift. City of Palo Alto and SEIU Local 521 December 1, 2015- December 31, 2018 Page 24 of 77 b) Compensation to employees working overtime will be in the form of additional pay at the rate of one and one-half times. Two times regular rate will be paid for billable customer convenience overtime and emergency overtime as defined in subsection (a) above) the employee's applicable hourly salary with the exception that an employee may request and, upon approval, be granted compensatory time off at the rate of one and one-half hours for each hour of overtime worked, subject to the limitations of applicable state and federal laws. In the event compensatory time off is used as the method of compensating for Overtime, the time off will be taken prior to the end of the quarter following the quarter in which the overtime has been worked. In the event the employee is denied this provision, he/she will be compensated in pay for such time at the appropriate rate specified by these sections. Or at the employee's option, the earned compensatory time will be added to the employee's vacation balance. c) All time for which pay is received shall count as hours actually worked for the computation of regular overtime pay; however, non-productive time will not be included in computation of any additional FLSA premiums. d) When an employee is required to work 6 or more hours of overtime (either emergency or pre-arranged) during the 16 hour period immediately preceding the beginning of the employee’s regular shift on a workday, the employee shall be entitled to an eight-hour rest period before returning to work. If the rest period overlaps into the second half of the work day, the employee may be given (with supervisor approval) the remaining time off (up to a maximum of 3 hours) at the straight time rate of pay. Any portion of the rest period falling within the employee’s work shift will be considered as hours worked and compensated at the straight time rate. e) If non-emergency overtime is canceled without at least 40 clock hours notice, the City shall pay the affected employees two (2) hours' pay at time and one-half. f) Employees working overtime who are too fatigued to continue or return to work, for safety reasons will be released from duty without compensation. Section 3 - Work Shifts. All employees shall be assigned to work shifts with scheduled starting and quitting times. Should conditions necessitate a change in starting and quitting times, the Union will be notified ten (10) working days in advance and permitted to discuss such changes with the City. This, however, shall not preclude the City's right to effect schedule changes dictated by operational necessity. This section does not apply to overtime scheduling. City of Palo Alto and SEIU Local 521 December 1, 2015- December 31, 2018 Page 25 of 77 Section 4 - City-Paid Meals. In accordance with City policy, the City of Palo Alto bases its meal reimbursement limits on the U.S. General Services Administration (GSA) per diem rates. Those rates are adjusted every October. For overnight travel per diem rates, the City reimburses based on the rates applicable to the destination of travel, as provided by the GSA at http://www.gsa.gov/portal/category/100120. For non-travel meals, the City will reimburse up the maximum GSA rates for the Palo Alto area. Receipts are required to back-up these expenses. a. Emergency overtime meals. For purposes of this section, emergency overtime is defined as unplanned overtime arising out of situations involving real loss of service or property or personal danger. The City agrees to reimburse for meals based on GSA maximum rates for the Palo Alto Area (current non-travel meal maximum rates as of October 1, 2015 are $15 for breakfast, $16 for Lunch and $28 for dinner) and will provide meals in the following emergency overtime situations: 1) When an employee is called back and is on duty for a period of three consecutive hours, and thereafter at intervals of five hours, but not more than six hours, until the continuous overtime assignment ends. OR, 2) When an employee is held over on duty so that his/her overtime assignment extends two hours after shift end, and thereafter at intervals of five hours, but not more than six hours, until the continuous overtime assignment ends. OR, 3) When an employee is called out two hours or more before a regularly scheduled day shift and works the regularly scheduled shift, he/she will be entitled to breakfast and lunch. Lunches will be consumed on employee's own time. No in-lieu pay will be made for meals not taken. This sub-section does not apply if already covered in Section 4(a)(1) above. 4) When recalled two hours or less after the end of a regular shift, unless assigned to standby. b. Non-emergency overtime meals. The City will provide meals for personnel assigned to non-emergency overtime work where the assignment extends two hours after the regular or overtime shift end and at intervals of five hours thereafter. c. With regard to (a) and (b) above, the City agrees to reimburse for meals based on GSA maximum rates for the Palo Alto Area (current non-travel meal maximum rates as of October 1, 2015 are $15 for breakfast, $16 for Lunch and $28 for dinner). Where City of Palo Alto and SEIU Local 521 December 1, 2015- December 31, 2018 Page 26 of 77 possible, the City will arrange purchase orders at mutually agreeable restaurants. The time necessarily taken to consume a meal provided under this section shall be considered as time worked to a maximum of one hour, except as noted in (a) (3). d. With regard to (a) and (b) above, in the event an employee is to be provided a meal or meals pursuant to this section and such meal(s) are not provided due to working conditions, the employee shall have the option of receiving for each meal not provided an additional one hour of overtime compensation in lieu of such meal. This hour will not be considered as time worked or part of the rest period, but will be applied to qualify for the rest period. e. Emergency overtime meals for Public Safety Dispatchers. The Police Department will provide meals to employees in an emergency overtime situation involving real or potential loss of service or personal danger. 1) When an employee is called back and is on duty for a period of three consecutive hours, and thereafter at intervals of five hours, but not more than six hours, until the continuous overtime assignment ends. 2) When an employee is held over on duty so that his/her overtime assignment extends two hours after shift end, and thereafter at intervals of five hours, but not more than six hours, until the continuous overtime assignment ends. 3) When an employee is called out two hours or more before a regularly scheduled shift. The employee will be entitled to two meals, the second meal will be consumed on the employee's own time. No in-lieu pay will be made for meals not taken. 4) When recalled two hours or less after the end of a regular shift, unless assigned to standby. f. Non-emergency overtime meals for Public Safety Dispatchers. The Police Department will provide meals to employees in non-emergency situations where the assignment extends more than two hours after the regular or overtime shift end and at intervals of five hours thereafter. If the City is unable to provide a meal, the City agrees to reimburse for meals based on GSA maximum rates for the Palo Alto Area (current non-travel meal maximum rates as of October 1, 2015 are $15 for breakfast, $16 for Lunch and $28 for dinner). This policy only applies when an employee is held over, either voluntary or mandated, on duty beyond a scheduled regular or overtime shift. Section 5 - Break Periods. All employees shall be granted a break period or coffee break limited to 15 minutes during each four hours of work. Departments may make City of Palo Alto and SEIU Local 521 December 1, 2015- December 31, 2018 Page 27 of 77 reasonable rules concerning break period scheduling. Break periods not taken shall be waived. Section 6 - Clean-Up Time. All employees whose work causes their person or clothing to become soiled shall be provided with reasonable time before lunch and at shift end for wash-up purposes. Section 7 - Standby Pay, Call-Out Pay. a. Standby Compensation. Employees performing standby duty shall be compensated at the daily rates established below: Monday through Friday $70 Saturday, Sunday, Holidays $100 In the event of a declared City emergency, this section applies to standby assigned in accordance with applicable department policy. b. Minimum Call-Out Pay. Employees not otherwise excluded from receiving overtime pay who are called out to perform work shall be compensated for at least two hours' pay from the time of the call-out for each occurrence at the appropriate overtime rate. The two-hour minimum does not apply to employees called out to work while earning pay for being in a standby status unless called out to perform billable customer convenience work in which case the two-hour minimum will apply. Section 8 - Night Shift Premium. Night shift premium of 6% of base pay shall be paid to employees for work performed between 6:00 p.m. and 8:00 a.m. This premium shall not apply to an employee whose schedule does not qualify for shift differential who requests an earlier scheduled start time that would otherwise qualify the employee for the premium. A minimum of two hours must be worked between 6 p.m. and 8:00 a.m. to qualify for the premium. Employees who regularly work night shifts shall receive appropriate night shift premiums, relating to night shift hours worked, in addition to base pay for holidays, sick leave and vacation. Night shift premium does not apply for overtime situations unless overtime is approved to replace an employee who would have otherwise received a night shift premium. Section 9 - Bilingual Premium. $50 per pay period shall be paid to a bilingual employee whose abilities have been determined by the Human Resource Director as qualifying to fill positions requiring bilingual speaking and/or writing ability when the employee regularly performs such duties. The Human Resource Director will determine the number, timing, location and duration of the assignments receiving the additional pay provided herein and which languages are needed. Sign language shall be recognized as City of Palo Alto and SEIU Local 521 December 1, 2015- December 31, 2018 Page 28 of 77 a bilingual skill under this Article. Disagreements over the designation of positions will be referred first to the Labor Management Committee. If a disagreement still exists it will be referred to the Grievance Procedure. Human Resources will respond to the employee within sixty calendar (60) days after receipt of request. Upon approval by the Human Resources Director, the City is required to arrange for language testing within four (4) months of the approval. Section 10 - Communications Training Officer (CTO) Compensation. Public Safety Dispatchers and Chief Public Safety Dispatchers identified by Management to work as a Police Officers Standards and Training (POST) certified CTO will be compensated at a premium pay rate of five (5) percent. The premium pay is provided only for those hours spent as a CTO training a probationary dispatcher while on-duty in the Dispatch Center. ARTICLE IX - UNIFORMS AND TOOL ALLOWANCES Section 1 - Uniforms. a) The City will provide uniforms, coveralls or shop coats on a weekly basis, or as otherwise furnished, for the following jobs and/or classifications and any positions necessary or required as determined by management. Animal Control Officer Assistant Storekeeper Associate Engineer - Pretreatment Auto Service Mechanic Building Service Person - Lead Building Service Person Cathodic Technician Cement Finisher - Lead Cement Finisher Chemist Community Service Officer (CSO) Electrical Assistant Electrician Apprentice Electrician Lead Engineering Technician III - Refuse Equipment Operator Equipment Operator - Lead Facilities Carpenter Facilities Electrician Facilities Maintenance - Lead City of Palo Alto and SEIU Local 521 December 1, 2015- December 31, 2018 Page 29 of 77 Facilities Mechanic Facilities Painter Field Serviceperson Gas System Shop/Field Repairer Gas System Technician I Gas System Technician II Golf Course Equipment Mechanic Golf Course Maintenance Person Heavy Equipment Operator - Lead Heavy Equipment Operator Industrial Waste Inspector Industrial Waste Investigator Instrumentation Electrician Laboratory Technician, Water Quality Control Line Person/Cable Splicer Line Person/Cable Splicer - Lead Mail Services Specialist Maintenance Mechanic/Maintenance Mechanic, Water Quality Control Mechanical Unit Repairer Meter Reader Meter Reader – Lead Mobile Service Technician Motor Equipment Mechanic - Lead Motor Equipment Mechanic Offset Equipment Operator - Lead Offset Equipment Operator Park Maintenance Assistant Community Services Officer Park Maintenance Person Park Crew - Lead Park Maintenance - Lead Park Ranger Parks & Open Space Assistant Police Records Specialist Refuse Disposal Attendant Senior Chemist Senior Industrial Waste Inspector Senior Industrial Waste Investigator Senior Instrumentation Technician Senior Operator, Water Quality Control Senior Mechanic, Water Quality Control Senior Park Ranger Sprinkler System Repairer City of Palo Alto and SEIU Local 521 December 1, 2015- December 31, 2018 Page 30 of 77 Street Maintenance Assistant Storekeeper Storekeeper-Lead Street Sweeper Operator Traffic Control Maintainer - Lead Traffic Control Maintainer II Traffic Control Maintainer I Tree Trimmer-Line Clearer Tree Maintenance Assistant Tree Trimmer-Line Clearer Assistant Tree Trimmer-Line Clearer - Lead Tree Maintenance Person Truck Driver Utilities Compliance Technician Utility Field Service Representative Utility Installer/Repairer Utility Installer/Repairer Assistant Utility Installer/Repairer – Lead Utility Locator Water Meter Cross Connection Technician Water System Operator - Lead Water System Operator Water System Operator I Water System Operator II Water Quality Control Plant Operator b) Coveralls will be made available for occasional use as needed to protect clothing for the following classifications and any positions necessary or required as determined by management. Building Inspector Building Inspector Specialist Building Service Person - Lead Cable Splicer Assistant Chief Electric Underground Inspector Electrical Assistant Electrician Facilities Mechanic/Painter Heavy Equipment Operator Lineperson/Cable Splicer Park Ranger Senior Park Ranger City of Palo Alto and SEIU Local 521 December 1, 2015- December 31, 2018 Page 31 of 77 Utility Field Service Representative Sprinkler System Repairer Utility Installer Assistant Utility Installer/Repairer Utility Installer/Repairer - Lead c) Employees required to wear uniforms shall be provided suitable change rooms and lockers where presently provided. d) Employee clothing seriously damaged or destroyed in conjunction with an industrial injury will be reasonably replaced by the City. Any other claims alleging City liability may be filed with the City Attorney. e) Except in the Utilities Division, the City will make available, as an alternative to the shirts currently provided under Section 1(a), six (6) cotton polo shirts. Employees in the Utilities Division will be provided with six (6) long-sleeve shirts and two polo shirts. Employees will be responsible for laundering the shirts. Damaged or otherwise unwearable shirts will be returned to the employee’s supervisor and replaced by the City. f) Employees are responsible for laundering Park Ranger and Senior Park Ranger uniforms. g) The City will meet and confer with the Union regarding any mandated changes to uniforms. Section 2 - Tool Allowance. a) Mechanics in Equipment Maintenance, Park Maintenance Lead, Motorized Equipment Mechanic and Mobile Service Technician shall be paid a tool allowance of $610 annually upon verification of purchase by the employee. b) Parties will meet and confer to determine if additional classifications require tool allowance. Section 3 - Shoe Allowance. a) Safety Shoes. The City will pay the vendor or reimburse full-time employees up to $400 per fiscal year for the cost of job-related safety shoes upon verification of such purchase by the employee. b) Walking Shoes. The City will reimburse employees 75% of the cost of job-related walking shoes for any positions necessary or required as determined by City of Palo Alto and SEIU Local 521 December 1, 2015- December 31, 2018 Page 32 of 77 management including Meter Reader and Meter Reader-Lead, in an amount not to exceed $300.00 per year. A walking shoe is a durable work shoe/boot (non steel- toed), is ankle supporting; oil, gas and slip resistant; waterproof or water resistant; lightweight and durable; and also provides hard surface cushioning. Section 4 – Certifications. The parties agree to retain the current list of required certifications below. Employees who are required to maintain commercial driver's licenses shall have costs for medical examinations paid by: a) Completing an examination through their PEMHCA provider. After benefits have been paid by the PEMHCA provider, upon presentation of proper documentation, the City will reimburse any remaining costs, or b) Completing an examination at the Workforce Medical clinic or other City designated clinic. Employees may use paid leave for attendance at scheduled medical examinations. Employees shall be permitted to use up to two hours of regular City- paid time for attendance at biannual medical examinations. The scheduling of such time shall be preauthorized by the employee’s supervisor. c) The City will pay special registration and/or certification fees which are required by Management. During the term of this agreement, the City and the Union may, by mutual agreement, review, add or delete classifications and/or required certifications listed below: Classification Requirement Facilities Technician Aquatics Facility Operator Certificate Building Inspector/ Buildg Inspection Specialist Certificate as stated in job description Cathodic Technician Corrosion Technician by the National Assoc. of Corrosion Engineers Engineer Professional Professional Engineer Cert. (for step E) Equip Maint Serv Pers. Forklift Operator Cert. (OSHA-approved) Golf Course Maint Pers. Qualified Applicators' License Heavy Equipment Operator Crane Operation Certificate (Utilities and Electric) Indust. Waste Inspector Backflow Prevention Device Tester City of Palo Alto and SEIU Local 521 December 1, 2015- December 31, 2018 Page 33 of 77 Inspector Field Services, Utilities D1 (DOH) Hired before July 1, 2012 Installer/Repairer Series D1 (DOH) Maintenance Mechanic Crane Operator Certification (Water Quality) Mech. Unit Repairer Welding Certificate Motor Equip Mechanic and Lead EMS, ASE Planner, Associate Planner AICP Senior Planner Public Safety Dispatcher POST Basic Dispatcher EMD Public Safety Dispatcher, Lead POST Basic Dispatcher POST Supervision EMD Senior Operator, WQC Grade III Wastewater Treatment Plant Operator Certification Surveyor, PW Licensed Land Surveyor Tree Trimmer/Line Clearer Certified Tree Worker and/or Qualified Line Clearance/Tree Trimmer Cert. (OSHA-approved) Tree Trimmer/Line Clearer-Lead Certified Arborist Utilities Install/Rep series Polyethylene Fusing Cert. Gas Operator Certification (DOT) Veterinarian Technician Animal Health Tech. Certification Water System Operator I Grade DI – Water Distribution Operator City of Palo Alto and SEIU Local 521 December 1, 2015- December 31, 2018 Page 34 of 77 Water System Operator II Grade DII – Water Distribution Operator & Grade TII – Water Treatment Operator Senior, Water System Operator Grade DIII – Water Distribution Operator & Grade TIII Water Treatment Operator WQC Plant Operator I Grade I Wastewater Treatment Operator Certification. WQC Plant Operator II Grade II Wastewater Treatment Operator Certification WQC Plant Operator Trainee Grade I Wastewater Treatment Operator Certification Water Meter Cross- Connection Technician Backflow Prevention Tester Certification d) The City will pay for the Department of Motor Vehicles (DMV) licensing fees for all employees required to maintain a Commercial Driver's License in accordance with the California Vehicle Code and applicable laws prescribed by the Department of Transportation. e) Pipeline Welding Assignment. The City provided a 4% premium in base compensation to the Utility Installer-Repairer and the Installer-Repairer Lead positions in 2006 that met DOT certification requirements and are, or were, assigned these duties. The Utility Installer-Repairer and Utility Installer-Repairer Lead positions that fail to maintain current certifications will not receive a 4% premium on their base pay. Positions assigned these duties and designated by Management to receive this premium will not exceed five (5) Utility Installer/Repairer(s) and Installer/Repairer Lead(s). If the certification is required in the job description, certification must be maintained. In accordance with their job description Maintenance Mechanics that are assigned to Water Gas Wastewater must maintain all required certifications and shall receive 4% premium to their base pay for pipeline welding. f) Building Inspector and Building Inspector Specialists. Upon successful completion of probationary requirements, the City will pay Building Inspectors and Building Inspector Specialists a one (1) percent of base salary one-time payment for a certification above what is required. Employees may request one payment per year City of Palo Alto and SEIU Local 521 December 1, 2015- December 31, 2018 Page 35 of 77 to a maximum of two payments in career. Payments will not exceed a maximum of one percent per year or two payments in a career. The Building Inspector and Building Inspector Specialist Job Descriptions specify current requirements and the Union and City will agree on a list of appropriate certifications eligible for the premium. Premiums will not be paid if certification is not maintained. g) Water and Wastewater System Operator Certification. Employees classified in the following positions: Water Quality Control Plant Operators I and II, Senior Operator Water Quality Control, Water System Operators I and II, Senior Water Systems Operator, Inspector, Field Services assigned to Utilities and Installer Repairer Job Series may be eligible to receive a 1% base pay premium for certifications required by the Department of Health and/or the State Water Resources Control Board. Employees within these job classifications that have successfully completed probationary requirements may request an annual payment of one (1) percent for one (1) certification that is above those listed in their job description. An employee who qualifies for this payment shall be paid 1% of the employee’s annual base salary once per year. The employee shall be responsible for providing the City with written documentation that the employee has obtained and is maintaining the qualifying certification on an annual basis. Premiums will not be paid if certification is not maintained. Eligible employees should verify certification will qualify for the premium before attempting certification. The Union and the City will update the job descriptions to reflect newly required certifications with no further adjustments to base salary. Payments will not exceed a maximum of one percent per year, and will take effect in the pay period following the verification of certification. All costs for obtaining certifications above what the job description requires will be the responsibility of the employee and may be paid for by using the City’s tuition reimbursement program. h) In accordance with Cal-OSHA regulations any employee who operates a forklift must have Forklift Operator Certification. Training to be provided by the City. i) Crane Certification. A Heavy Equipment Operator, Line Person, Line Person Lead, or Maintenance Mechanic who possesses the legally required certification for operation of any crane will receive an increase of one percent (1%) of their base rate effective upon the ratification and adoption of this MOU by the City Council, or upon attainment of the certification, whichever is later. Heavy Equipment Operator (Electric) must possess a Crane certification regardless of hire date. Any employee hired on or after July 1, 2012 may be required to obtain and possess crane certification. City of Palo Alto and SEIU Local 521 December 1, 2015- December 31, 2018 Page 36 of 77 For any other employee hired prior to July 1, 2012 crane certification shall be desirable (not required) except under the following circumstances: a) There are insufficient employees in the classification (Heavy Equipment Operator [exclusive of Electric], Lineperson, Lineperson Lead or Maintenance Mechanic) who possess the certification to perform the work; b) The Manager has sought volunteers and no employee in the classification has volunteered to train for the certification; c) All things being equal, the manager has selected the least senior employee in the classification who is judged by the City most likely to successfully complete the training and obtain crane certification. d) The Manager will allow up to three attempts to pass the crane certification for any employee hired before July 1, 2012 who has been involuntarily assigned to acquire the crane certification. Related training and test costs shall be borne by the City. No employee hired before July 1, 2012 shall be disciplined or discharged for failure to acquire a Crane certification. Section 5 - Weather Protection. The City will provide rainy weather foot protection and one summer hat for the classification of Community Services Officer. ARTICLE X - HOLIDAYS Section 1 - Fixed Holidays. Except as otherwise provided, employees within the representation unit shall have the following fixed holidays with pay: January 1 Third Monday in January (Martin Luther King Day) Third Monday in February Last Monday in May July 4 First Monday in September Second Monday in October Veterans' Day, November 11 Thanksgiving Day Day after Thanksgiving December 25 Either December 24 or December 31 (see below) City of Palo Alto and SEIU Local 521 December 1, 2015- December 31, 2018 Page 37 of 77 Employees shall be excused with pay for the full work shift on either December 24 or December 31, provided, however, that City facilities remain open with reduced staffing levels, that Management retains the right to determine work schedules, and that neither day be considered a holiday for purposes of premium pay. If employees are not excused pursuant to this provision, one shift of vacation credit will be added to their vacation accrual. In the event that any of the aforementioned days, except for December 24 or December 31, falls on a Sunday, the following Monday shall be considered a holiday. In the event that any of the aforementioned days falls on a Saturday, the preceding Friday shall be considered a holiday. If December 24 and 31 falls on Sunday, then the preceding Friday will be designated for purposes of the holiday. Exceptions to this provision are listed in Appendix E. Section 2 - Pay for Fixed Holidays. a) All employees shall be paid a full day's pay at their regular straight time base hourly rate for all fixed holidays as defined herein. b) An employee must be in a pay status on the workday preceding the holiday to be eligible to be compensated for a holiday. This subsection does not apply to an employee who is on an unpaid medical leave of absence of less than five (5) days. Section 3 - Work on Fixed Holidays. Any employee required to work on a fixed holiday shall be paid time and one-half for such work in addition to his or her regular holiday pay. Work on a fixed holiday beyond the number of hours in a regular shift shall be compensated at double time and one- half. Employees who work a schedule where a regular day off falls on a holiday will accrue the holiday hours they would have normally worked on that day. If an employee has more than four (4) days of holiday time accrued the City will automatically cashout these additional hours. This does not impact the employee’s ability to cashout or transfer to deferred comp holiday hours below the four (4) day threshold. Section 4 - Variations in Work Week. a) An employee whose work schedule requires that his or her regular days off be other than Saturday and/or Sunday shall have an additional day off scheduled by the department in the event a fixed holiday falls during his or her regularly scheduled day off. Every attempt will be made to schedule the day on a mutually agreeable basis. If the day cannot be so scheduled, the employee shall be paid for the day at the straight time base rate. City of Palo Alto and SEIU Local 521 December 1, 2015- December 31, 2018 Page 38 of 77 b) Fixed holidays which fall during a vacation period or when an employee is absent because of illness shall not be charged against the employee's vacation or sick leave balance. Section 5 - Floating Days Off Employees hired on or before July 1, 2012 will be credited with 3 floating holidays to be scheduled for use by mutual agreement by employee and supervisor. In no event will FH be convertible to cash or other benefits in lieu of Floating Holidays. Effective at the close of business 6/30/13 one floating holiday will be eliminated. On July 1, 2013 and every July thereafter, employees will be credited with two (2) Floating Holidays to be scheduled in the same manner as noted above. Employees hired after 7/1/12 will not receive any floating holidays. Floating Holidays not used by the end of the fiscal year will be deemed forfeited. ARTICLE XI - VACATIONS Section 1 - Vacation Accruals. Each employee shall be entitled to an annual paid vacation, accrued as follows: a) First day of continuous service through the last day of the fourth (4th) year: 80 hours vacation per year. b) First day of the fifth year of continuous service through the last day of the ninth (9th) year: 120 hours vacation per year. c) First day of the tenth (10th) year of continuous service through the last day of the fourteenth (14th) year: 160 hours vacation per year. d) First day of the fifteenth (15th) year of continuous service through the last day of the nineteenth (19th) year: 180 hours vacation leave per year. e) Twenty (20) or more years: 200 hours vacation leave per year. Employees may accrue up to three times their annual vacation leave without loss of vacation days. In the event the City is unable to schedule vacation and, as a result thereof, the employee is subject to loss of accrued vacation, the City shall extend the vacation accrual limit up to one year, in which time the excess vacation must be scheduled and taken. As long as there is no interference with departmental operations, City of Palo Alto and SEIU Local 521 December 1, 2015- December 31, 2018 Page 39 of 77 there shall be no unreasonable restriction of increments of use. Employees shall complete six (6) months' continuous service before using accrued vacation leave. Section 2 - Holiday Falling During Vacation. In the event a fixed holiday as defined in Article X falls within an employee's vacation period, which would have excused the employee from work (and for which no other compensation is made), an additional workday for such holiday shall be added to the vacation leave. Section 3 - Illness During Vacation. When an employee becomes ill while on vacation and such illness can be supported by a statement from an accredited physician or the employee is hospitalized for any period, the employee shall have the period of illness charged against sick leave and not against vacation leave. Section 4 - Accrued Vacation Pay for Deceased Employees. An employee who is eligible for vacation leave and who dies while in the municipal service shall have the amount of any accrued vacation paid to his/her estate within thirty days. This proration will be computed at his/her last basic rate of pay. Section 5 - Effect of Extended Military Leave. An employee who interrupts service because of extended military leave shall be compensated for accrued vacation at the time the leave becomes effective. Section 6 - Vacation at Termination. Employees leaving the municipal service with accrued vacation leave shall be paid the amounts of accrued vacation to the date of termination. Section 7 - Vacation Cash Out. Once each calendar year an employee may cash out eight or more hours of vacation accrual in excess of 80 hours, to a maximum of 120 hours, provided that the employee has taken 80 hours of vacation in the previous 12 months. 1. To be eligible for cash out vacation, employees must pre-elect the number of vacation hours they will cash out during the following calendar year up to maximum of 120 hours, prior to the start of that calendar year. The election will apply only to vacation hours accrued in the next tax year and eligible for cash out. 2. The election to cash out vacation hours in each designated year will be irrevocable. This means that employees who elect to cash out vacation hours must cash out the number of accrued hours pre-designated on the election form provided by the City. 3. Employees who do not pre-designate or decline a cash out amount by the annual deadline established by the City will be deemed to have waived the right to cash out City of Palo Alto and SEIU Local 521 December 1, 2015- December 31, 2018 Page 40 of 77 any leave in the following tax year and will not be eligible to cash out vacation hours in the next tax year. 4. Employees who pre-designate cash out amounts may request a cash out at any time in the designated tax year by submitting a cash out form to Payroll. Payroll will complete the cash out upon request, provided the requested cash out amount has accrued and is consistent with the amount the employee pre-designated. If the full amount of hours designated for cash out is not available at the time of cash out request, the maximum available will be paid. 5. For employees who have not requested payment of the elected cash out amount by November 1 of each year, Payroll will automatically cash out the pre-designated amount in a paycheck issued on or after the payroll date including November 1. ARTICLE XII - LEAVE PROVISIONS Section 1 - Sick Leave. a) The City shall provide each employee with paid sick leave, earned on a daily basis and computed at the rate of 96 hours per year, with no limits on amounts that may be accumulated, except that for employees hired after July 1, 1983, sick leave accrual accumulation shall be limited to 1,000 hours and subsections (a)(1) and (a)(2), shall not apply. Payment for accumulated sick leave at termination shall be made only in the following circumstances: 1) Eligible employees who leave the municipal service or who die while employed and who have fifteen or more years of continuous service shall receive compensation for unused sick leave hours in a sum equal to two and one-half percent of their unused sick leave hours multiplied by their years of continuous service and their base hourly rate of pay at termination. 2) Full sick leave accrual will be paid in the event of termination due to disability. b) Use of Sick Leave. Sick leave shall be allowed and used in cases of actual personal sickness or disability, medical or dental treatment, or as authorized for personal business. Up to nine days sick leave per year may be used for illness in the immediate family, including registered domestic partner. A new employee may, if necessary, use up to forty-eight (48) hours of sick leave at any time during the first six months of employment. Any negative balances generated by such utilization will be charged against future accrual or deducted from final paycheck in the event of termination. City of Palo Alto and SEIU Local 521 December 1, 2015- December 31, 2018 Page 41 of 77 c) An employee who has been disabled for 60 consecutive days and who is otherwise eligible both for payment under the long-term disability group insurance coverage and accrued sick leave benefits may, at his/her option, choose either to receive the long term disability benefits or to utilize the remainder of his/her accrued sick leave prior to applying for long-term disability benefits. d) Sick leave will not be granted for illness occurring during any leave of absence unless the employee can demonstrate that it was necessary to come under the care of a doctor while on such other leave of absence. e) Return to Work With Limited Duty. Upon approval of department management and the City Risk Manager, an employee may return to work for doctor-approved limited duty. Approval for return to work shall be based upon department ability to provide work consistent with medical limitations, the location of the work assignment, and the length of time of the limitations. The City doctor may be consulted in determining work limitations. f) If an employee’s illness results in an absence from work for more than three (3) consecutive work days or twenty-four (24) continuous hours, whichever is greater, a doctor’s certificate or other proof of illness may be required. The department head or designee may require a doctor’s certificate or other proof of illness when there is reasonable cause of misuse. g) Sick Leave Incentive/Wellness Committee During the term of the MOA, the City and SEIU 521 shall hold a Labor Management Committee Meeting to discuss unused sick leave incentives and wellness program ideas. This Committee will meet at least three (3) times within the first year. The Committee shall be composed of labor representatives, not to exceed five (5) representatives and (5) City representatives. Section 2 - Bereavement Leave. Leave of absence with pay of three days shall be granted an employee by the head of his or her department in the event of death in the employee's immediate family, which is defined for the purposes of this section as wife, husband, son, step-son, son-in-law, daughter, step-daughter, daughter-in-law, mother, step-mother, mother-in-law, father, step-father, father-in-law, brother, brother-in-law, step-brother, sister, step-sister, sister in- law, grandmother, grandmother-in-law, grandfather, grandfather-in-law, grandchildren, aunt, uncle, niece, nephew, registered domestic partner, or a close relative residing in the household of the employee. Such leave shall be at full pay and shall not be charged against the employee's accrued vacation or sick leave. Request for leave with pay in excess of three (3) days shall be subject to the written approval of the City Manager. Approval of additional leave will be City of Palo Alto and SEIU Local 521 December 1, 2015- December 31, 2018 Page 42 of 77 based on the circumstances of each request with consideration given to the employee's need for additional time. Section 3 - Military Leave. The provisions of the Military and Veterans' Code of the State of California shall govern the granting of military leaves of absence and the rights of employees returning from such leaves. Consistent with the Military and Veterans Code, the City of Palo Alto shall pay employees in SEIU bargaining unit their regular salary, salary differential, and all available benefits for up to thirty days per calendar year. Section 4 - Leave Without Pay. a) Disability. Leaves of absence without pay may be granted in cases of disability not covered by sick leave. Pregnancy will be considered as any other disability. Leaves of absence for disability are subject to physicians' verification including diagnosis and medical work restriction. b) Family Leave. Family leave will be granted in accordance with applicable state and federal law. c) Other Leaves. Leaves of absence without pay may be granted in cases of personal emergency, Union business or when such absences would not be contrary to the best interest of the City. Non-disability prenatal leave is available under this provision, but such leave shall not begin more than six months prenatal nor extend more than six months postpartum. During unpaid leaves of absence for disability or other reasons, the employee may elect and the City may require that employee to use paid leave credits in a manner consistent with state and federal law. Requests for leaves without pay shall not be unreasonably denied. In order to avoid misunderstandings, all leaves without pay must be in writing to be effective. Section 5 - Jury Duty and Subpoenas. Employees required to report for jury duty or to answer subpoenas as a witness in behalf of the State of California or any of its agencies shall be granted a leave of absence with pay from their assigned duties until released by the court, provided the employee remits to the City all fees received from such duties other than mileage or subsistence allowances within thirty (30) days from the termination of jury service. When an employee returns to complete a regular shift following time served on jury duty or as a witness, such time falling within the work shift shall be considered as time worked for purposes of shift completion and overtime computation. In determining whether or not an employee shall return to his or her regular shift following performance of the duties, reasonable consideration shall be given to such factors as travel time and a period of rest. When a combination of City work time and jury duty equals 14 or more hours in the 24-hour period immediately City of Palo Alto and SEIU Local 521 December 1, 2015- December 31, 2018 Page 43 of 77 before the employee's shift starting time, the employee will be allowed a rest period of nine hours. Any portion of the rest period falling within the employee's work shift will be considered as hours worked and compensated at the straight time rate. This provision does not apply to conditions of bona fide emergency. Bona fide emergency conditions are conditions involving real or potential loss of service or property or personal danger. Section 6 - Time Off to Vote. Time off with pay to vote in any general or direct primary election shall be granted as provided in the State of California Elections Code, and notice that an employee desires such time off shall be given in accordance with the provisions of said Code. Section 7 - Disapproval of Leave of Absence. In case of disapproval of extension, revocation or cancellation of an existing leave of absence, notice shall be sent by certified mail, return receipt requested, to the employee stating the date of such action, the reason and a specific date to return to work, which is not less than five working days from date indicated on return receipt. Section 8 - Personal Business Leave Chargeable to Sick Leave. All employees shall be granted up to twenty (20) hours personal business leave per calendar year, chargeable to sick leave. The employee need not disclose the reason for the personal business. The scheduling of such leave is subject to the approval of the appropriate level of Management, and such approval shall not unreasonably be denied. Section 9 - Return to Assignment. The department shall make every effort to ensure that employees resuming work following a leave pursuant to Sections 1- 8 shall be returned to the assignment, shift, and/or work location held immediately prior to the leave. If the employee cannot be so assigned, he or she shall, upon request, be granted a meeting with department management to discuss the reasons for the change. Upon request, the employee shall be afforded Union representation at such a meeting. ARTICLE XIII - WORKERS' COMPENSATION INSURANCE Section 1 - Industrial Temporary Disability. a) While temporarily disabled, employees shall be entitled to use accrued sick leave for the first three (3) days following the date of injury and thereafter shall be paid full base salary for a period of not to exceed fifty-seven (57) calendar days, unless hospitalized, in which case employees shall be paid full base salary for a period not to exceed sixty (60) days from date of injury. City of Palo Alto and SEIU Local 521 December 1, 2015- December 31, 2018 Page 44 of 77 b) For any temporary disability continuing beyond the time limits set forth in (a) above, employees shall be paid two-thirds (66 2/3%) of their full base salary at the time of injury for the duration of such temporary disability in conformance with the State law. c) During the period of temporary disability, an employee's eligibility for health, dental, life, LTD, or other insured program will continue with City contributions at the same rate as for active employees. In case of Subsection (a) above, the employee will continue to accrue vacation and sick leave benefits. In the case of Subsection (b), sick leave and vacation benefits shall not be accrued. Section 2 - Vocational Rehabilitation Benefits for Permanently Disabled Employees. Vocational Rehabilitation will be made available to employees who have suffered permanent disability as a result of an injury or illness sustained in the course and scope of employment before 1/1/04. For injuries on or after 1/1/04 qualified employees are entitled to supplemental job displacement vouchers in accordance with the California Labor Code, Division 1, Department of Industrial Relations and Division 4, Workers’ Compensation and Insurance, the Americans with Disabilities Act (ADA), and the City of Palo Alto's Workers’ Compensation Program. ARTICLE XIV - BENEFIT PROGRAMS Section 1 - Health Plan. a) Active Employees During the term of this contract, the maximum City contribution towards medical premiums for eligible full time employees per employee category shall be up to a maximum of the following for any plan: Medical Premium Category PEMHCA contribution* 2016/2017/201 8 (projected for 2017/2018) Additional City Contribution 2016//2017 (projected for 2017/2018) Up to a Total Maximum City Contribution Effective 1st PP following contract adoption Up to a Total Maximum City Contribution Effective January 1, 2017 Up to a Total Maximum City Contribution Effective January 1, 2018 EE only $125/$128/131 $618/$645/$673 $743 $773 $804 EE plus one $125/128/131 $1360/$1416/$1475 $1,485 $1,544 $1,606 EE Family $125/128/131 $1806/$1880/$1957 $1,931 $2,008 $2,088 City of Palo Alto and SEIU Local 521 December 1, 2015- December 31, 2018 Page 45 of 77 Effective with the first pay period including January 1, 2015, the City’s total maximum contribution towards medical premiums for eligible part time employees shall be prorated based on the number of hours per week the part-time employee is assigned to work. *PEMHCA minimum changes per statutory determination and has historically been increased by $3 dollars each year. Any increases to the PEMHCA minimum during the term of this contract will result in a corresponding decrease to the amount of the additional City contribution, so that the total maximum City contribution never exceeds the amount listed in the “Total Maximum City Contribution” columns above. b) Health Plan Coverage for Future Retirees Hired Before January 1, 2005. Monthly City-paid premium contributions for a retiree-selected health plan through the CalPERS Health Benefits Program will be made as provided under the Public Employees’ Medical and Hospital Care Act. Effective 1/1/07 the City’s monthly employer contribution for each retiree and their eligible family members, as defined by the CalPERS Health Benefits Program, shall be the amount necessary to pay for the cost of his or her enrollment, in a health benefits plan up to the monthly premium for the 2nd most expensive plan offered to the SEIU employee (among the existing array of plans). However, the City contribution for an employee hired before January 1, 2005 who retires on or after April 1, 2011 the City contribution for the retiree and their eligible family members, as defined by the CalPERS Health Benefits Program, shall be the same contribution amount it makes from time to time for active City employees. Effective upon ratification and adoption of this Agreement, the City shall provide active unit employees who were hired before January 1, 2005 with a one-time opportunity to opt-in to retiree health benefits provided under California Government Code section 22893. Eligible employees who wish to exercise this option shall inform the People, Strategy, and Operations department of their election in writing no later than 90 days following the ratification and adoption of this Agreement. c) PERS – Health Benefit Vesting For Future Retirees Effective January 1, 2005 or any existing employee who opts into this vesting schedule. The CalPERS vesting schedule set forth in Government Code section 22893 will apply to all SEIU employees hired on or after January 1, 2005 or any existing employees who opt into this vesting schedule. Under this law, an employee is eligible for 50% of the specified employer health premium contribution after ten years of service credit, provided at least five of those years were performed at the City of Palo Alto. After ten years of service credit, each additional year of service credit will increase the employer contribution percentage by 5% until, at 20 years’ service credit, the employee will be City of Palo Alto and SEIU Local 521 December 1, 2015- December 31, 2018 Page 46 of 77 eligible upon retirement for 100% of the specified employer contribution. However, the maximum contribution for eligible family members, as defined by the CalPERS Health Benefits Program, will be 90% of the specified employer contribution. The City of Palo Alto's health premium contribution will be the minimum contribution set by CalPERS under section 22893 based on a weighted average of available health plan premiums. d) Coverage for Domestic Partners. Domestic Partnership Registered with the California Secretary of State. Employees may add their domestic partner as a dependent to their elected health plan coverage if the domestic partnership is registered with the Secretary of State. Domestic Partnership Not Registered with the California Secretary of State. Domestic partners who meet the requirements of the City of Palo Alto Declaration of Domestic Partnership, and are registered with the Human Resources Department, will be eligible for a stipend of two hundred and eighty four dollars ($284.00) per month toward the cost of an individual health plan. Evidence of premium payment will be required with request for reimbursement. e) Alternative Medical Benefit Program. If a regular employee and/or the employee’s dependent(s) are eligible for and elect to receive medical insurance through any other non-City of Palo Alto employer- sponsored or association-sponsored group medical plan, the employee may choose to waive his/her right to the City of Palo Alto’s medical plan insurance and receive cash payments in the amount of two hundred eighty-four dollars ($284) for each month City coverage is waived. Examples of waivers eligible for this payment are: • Employee waives all applicable City medical coverage; or • Employee is eligible to enroll his or her spouse or domestic partner and waives medical coverage for the spouse or domestic partner; or • Employee has additional eligible dependents and waives family-level medical coverage. Participation must result in a health insurance cost savings to the City and payments per employee shall not exceed a total of two hundred eighty four dollars ($284.00) per month. To participate in the program the employee and dependents must be eligible for coverage under PEMHCA medical plans, complete a waiver of medical coverage form, and provide proof of eligible alternative medical coverage. City of Palo Alto and SEIU Local 521 December 1, 2015- December 31, 2018 Page 47 of 77 Payments will be made in the employee’s paycheck beginning the first month following the employee’s completion of the waiver form. Payments are subject to state and federal taxes and are not considered earnings under PERS law. Employees are responsible for notifying the City of any change in status affecting eligibility for this program (for example, life changes affecting dependent’s eligibility for medical coverage through the employee) and will be responsible for repayment of amounts paid by the City contrary to the terms of this program due to the employee’s failure to notify the City of a change in status. If the State of California or federal government requires the City to participate and contribute toward coverage under any medical plan outside of PEMHCA including but not limited to the Affordable Care Act, the City’s total liability for enrolled employees and retirees and their eligible family members shall not exceed what the City would have paid toward PEMHCA coverage in the absence of such state or federal plan. The parties will meet and confer over the impact of such change on matters within the scope of representation before implementing any change. Section 2 - Dental Plan. a) The City shall continue to provide a self-funded dental program for the benefit of City employees and their eligible dependents. The City shall pay 100% of the required premiums for the program, except that benefits for regular part-time employees will be prorated as follows: Employees hired after January 1, 2005, who will work less than full time, will receive prorated premium costs for dental benefits in accordance with his/her percentage of a full-time work schedule. Part-time employees currently receiving full benefits will not be impacted. b) The City’s Dental Plan provides the following: • Maximum Benefits per Calendar Year $2,000 per person. c) Effective July 1, 2001, dental implants in conjunction with one or more missing natural teeth, and removal of implants will be covered as a Major Dental Service at 50% usual, customary and reasonable (UCR). d) Effective 1/1/07 the City will add composite (tooth colored) fillings in dental plan posterior teeth. e) Effective 1/1/07 the City will pay up to $2000.00 for Orthodontia coverage. Section 3 - Vision Care. The City shall continue to provide a self-funded vision care program for the benefit of City employees and their dependents. The City shall pay 100% of the required premiums for the program. The benefits of the vision care City of Palo Alto and SEIU Local 521 December 1, 2015- December 31, 2018 Page 48 of 77 program shall continue to be equivalent to $20 Deductible Plan A under the Vision Service Plan. Vision benefits for regular part-time employees hired or assigned to a part-time schedule will be prorated in accordance with his/her percentage of a full- time work schedule. Section 4 - Life Insurance. The City agrees to continue the Basic and Supplemental life insurance plan as currently in effect for the term of this Memorandum of Agreement. Section 5 – Long Term Disability Insurance. The City shall continue the long term disability insurance plan currently in effect for the term of this Memorandum of Agreement. For Plan A, the benefit is 66 and 2/3% of pre-disability earnings to the maximum benefit level of $4000.00 per month. Employee coverage is subject to a voluntary payroll deduction of the insurance premium applicable to the first $6,000 of monthly salary, less a credit of $11.17 per month to be paid by the City. For Plan B, the benefit is 60% of pre-disability earnings up to the maximum benefit level of $1800 per month. Employee coverage is subject to a voluntary payroll deduction of the insurance premium applicable to the first $2000 of monthly salary for Plan B. The City will pay premiums in excess thereof. Section 6 - Effective Date of Coverage for New Employees. For newly-hired regular employees, elected coverage will begin on the first day of the month following date of hire. Section 7 - Dual Coverage. When a City employee is married to another City employee each shall be covered only once (as an individual or as a spouse of the other City employee, but not both) and dependent children, if any, shall be covered by only one spouse. Section 8 - Deferred Compensation. The City shall continue to make available a Section 457 Deferred Compensation Plan to SEIU employees and will insure reasonable access to Deferred Compensation representatives for all interested employees. Section 9 – Dependent Care Assistance Program and Medical Flexible Spending Accounts. The City shall continue to provide a Dependent Care Assistance Program (DCAP) and Medical Flexible Spending Accounts (FSA) for employees that comply with Section 125 of the Internal Revenue Code. Calendar year limits are set by the IRS. All matters related to the FSA shall be excluded from the grievance requirements of this MOA (per side letter agreed to in 2011). (a) Dependent Care Assistance Program: Can be used to pay for qualified day care (or City of Palo Alto and SEIU Local 521 December 1, 2015- December 31, 2018 Page 49 of 77 dependent care) expenses with pre-tax dollars. (b) Medical FSA: Provides reimbursement for excess medical/dental/vision, or expenses that are incurred by employees and their dependents which are not covered or reimbursed by any other source, including existing City-sponsored plans. The City will deduct the annual administrative fee through a payroll deduction (currently $4 as of 2015) or if the employee has unused FSA dollars from the prior calendar year, the City will apply those dollars to cover the administrative fee. Section 10 - Training Programs. a) Employees assigned by the City to attend meetings, workshops, or conventions of their professional or technical associations shall have their dues and reasonable expenses paid by departmental funds and shall be allowed to attend such workshops, meetings, and conventions on paid City time. b) City will reimburse for travel, meals and lodging while away from home attending an educational conference that the supervisor authorizes as being job related or which will improve an employee’s skills. Per City Policy and Procedure 1-02, the Pre-Travel Authorization Form should indicate expenses that will be paid. ARTICLE XV - RETIREMENT Section 1 - PERS Continuation. A. Pension Group A: 2.7% @ 55. The City will continue the present benefits under the Public Employees' Retirement System 2.7% at 55 for employees hired before July 17, 2010. The Parties acknowledge that employees under this formula hired before July 17, 2010 are subject to a final compensation calculation, for pension determination purposes, based on their single highest year of compensation earnable as provided by Government Code Section 20042. B. Pension Group B: 2.0% @ 60 – (Single Highest Year). For employees hired on or after July 17, 2010 and before January 1, 2013, and employees hired on or after January 1, 2013 who are not “new members” of CalPERS as defined in the Public Employees’ Pension Reform Act (often referred to as “Classic” CalPERS members), but before the adoption of the modified 2% at 60 formula described below, whichever is later, the City will continue to provide the 2% at 60 retirement formula (“2% at 60”). The Parties acknowledge that employees under the existing 2% at 60 pension formula are subject to a final compensation calculation, for pension determination purposes, based on their single highest year of compensation earnable as provided by Government Code section 20042. City of Palo Alto and SEIU Local 521 December 1, 2015- December 31, 2018 Page 50 of 77 C. Pension Group C: 2.0% @ 60 – (3 Highest Years). The City shall further amend its contract with CalPERS to provide miscellaneous “Classic” CalPERS members hired on or after August 1, 2013 with the CalPERS retirement formula two percent (2.0%) of final compensation at age sixty (60) with a final compensation calculation, for pension determination purposes, based on the employee’s three consecutive highest years of compensation earnable, as provided by Government Code section 20037. The City may delay the adoption or implementation of the foregoing amendment to the extent it deems such delay necessary to accommodate legal and administrative requirements. In such event, employees hired between and including August 1, 2013 and the day before the amendment’s implementation date will be placed in the 2% of final compensation at age 60 formula with single highest year earnable compensation as described above. D. Pension Group D: 2% @ 62. Employees hired on or after January 1, 2013 meeting the definition of “new member” under the Public Employees’ Pension Reform Act (Gov’t. Code s. 7522 et seq.) shall be subject to all of the provisions of that law, including but not limited to the two percent at age 62 (2%@62) retirement formula with a three year final compensation period. Section 2 - Employee Share. Effective with the first pay period including July 1, 2012 employees in Pension Groups A, B and C described in Section 1 above shall pay 8% if enrolled in the 2.7%@55 benefit or 7% if enrolled in the 2%@60 benefit. Employees in Pension Group D shall pay the employee contribution required by the Public Employees’ Pension Reform Act, calculated at fifty percent (50%) of the normal cost. Section 3. Employer Share. Effective the first full pay period following December 1st, 2016, each unit member in Groups A-D shall pay one-half percent (0.5%) of their salary toward the employer cost of retirement in accordance with Section 20516 of the California Government Code. Effective the first full pay period following December 1st, 2017, each unit member in Groups A-D shall pay an additional one-half percent (0.5%) of their salary toward the employer cost of retirement in accordance with Section 20516 of the California Government Code. This will result in SEIU employees in Groups A-D paying a total of one (1) percent of the employer share (in addition to the employee share of 8%) effective December 1st, 2017. City of Palo Alto and SEIU Local 521 December 1, 2015- December 31, 2018 Page 51 of 77 Pension Group Pension Formula Employee Contribution Additional Employee Contribution For Employer's Share12/1/2016 Total Contribution Effective12/1/2016 Additional Employee Contribution For Employer's Share12/1/2017 Total Contribution Effective12/1/2017 Group A 2.7%@ 55 8% 0.5% 8.5% 0.5% 9% Group B 2%@60 7% 0.5% 7.5% 0.5% 8% Group C 2%@60 7% 0.5% 7.5% 0.5% 8% Group D 2%@62 6.25% 0.5% 6.75% 0.5% 7.25% Section 4 - Utility Rates Discount. Employees who retire and were employed by the City on or before April 1, 1977, and spouses of deceased employees who were employed by the City on or before April 1, 1977, shall continue reductions in utility rates. All retired employees and spouses of deceased employees with documentation showing retiree status from the City shall also have residential privileges at City libraries, city parks, golf course and swimming pools. ARTICLE XVI - COMMUTE INCENTIVES AND PARKING Section 1 - Commute Incentive. It is the City’s interest to reduce single occupancy vehicle trips to the extent possible in order to address current traffic and environmental challenges. During the term of this agreement, the parties shall meet and confer on changes to the City’s commute incentive and parking program adopted by the City Council. Eligible employees may voluntarily elect one of the following commute incentives: a. Civic Center Parking. Employees assigned to Civic Center and adjacent work locations. The City will provide a Civic Center Garage parking permit. New employees hired after April 30, 1994 may initially receive a parking permit for another downtown lot, subject to the availability of space at the Civic Center Garage. b. Carpool. The City will provide $30 per month (taxable income) to each eligible employee in a carpool for 60% or more of their scheduled work days per month with two or more people. c. Bicycle. The City will provide $20 per month to eligible employees who ride a bicycle to work. This payment is available through the CCD web site in the form of a special Commuter Check (tax free) for bike equipment, gear or repairs. This benefit cannot be combined with other commute benefits. City of Palo Alto and SEIU Local 521 December 1, 2015- December 31, 2018 Page 52 of 77 d. Walk. The City will provide $20 per month (taxable income) to eligible employees who walk to work 60% or more of their scheduled work days. e. Transit or vanpool users: Tax-free incentives up to the IRS limit (currently $255/month) are available through the Commuter Check Direct (CCD) web site for employees using Bay Area public transportation or riding in a registered vanpool at least 60% of their scheduled work days. f. Go Pass. The Go Pass program will offer civic center and other downtown- based employees a Caltrans Go Pass that allows unlimited rides on Caltrain in all zones seven days per week. The deadline for registering with CCD and placing an online order is 8:59 p.m. on the 7th of each month, for the next month’s benefit. For example, employees wishing to order a transit pass by June must place their online orders with CCD by May 7th. Section 2 – Parking Lot Security – Municipal Service Center. The City will provide fenced and locked parking facilities for Municipal Service Center employees. Procedures will be established for entering and leaving the parking facilities. Section 3 – Bicycle Lockers and Motorcycle Parking. The City will provide bicycle lockers and motorcycle parking areas for City employees at mutually agreeable work locations. ARTICLE XVII - PHYSICAL EXAMINATIONS If any non-probationary employee who is required to have a City-provided physical examination not related to workers' compensation programs disagrees with the findings of the City-sponsored physician, he/she may consult with his/her own physician and, if his/her private physician's report conflicts with that of the City physician in terms of ability to work at his/her regular job, then he/she may request an evaluation of his/her problem through a third physician mutually agreed upon by the employee and the City. Cost for such examination will be equally shared and the decision of this physician concerning the continuing ability of the employee to perform his/her work in his/her regular job without exposing himself/herself to further injury as a result of his/her condition shall be the basis for returning the employee to his/her regular work. ARTICLE XVIII – SAFETY Section 1 - Health and Safety Provisions. The City shall furnish and use safety devices and safeguards and shall adopt use practices, means, methods, operations and processes which are reasonably adequate to render such employment and place of City of Palo Alto and SEIU Local 521 December 1, 2015- December 31, 2018 Page 53 of 77 employment safe, in conformance with applicable safety regulations under the State Labor and Administrative Code sections. The City shall not require or permit any employee to go to or be in any employment or place of employment which is not safe. Section 2 - Union Cooperation. Union will cooperate with the City by encouraging all employees to perform their work in a safe manner. Section 3 - Safety Committees and Disputes. Safety committees composed of Management and Union stewards in the below listed organizations will meet no less than six (6) times annually to discuss safety practices, methods of reducing hazards, and to conduct safety training. This shall in no way remove the basic responsibility of safety from Management nor shall it in any way alter the responsibility of the employee to report unsafe conditions directly and immediately to his or her supervisor. Community Services Public Works Water-Gas-Wastewater Field Operations Electric Field Operations Water Quality Control a) A committee composed of one facilities Management representative, one building inspection representative, two Union representatives, and the City Risk Manager will meet as needed concerning safety matters of the Civic Center. b) A ten-member Citywide Union/Management safety committee with equal Union and Management membership will meet upon call to review safety and occupational health standards and practices, discuss overall City safety and health problems, and to act as an advisory group to the departmental safety committees. The committee shall review all departmental safety programs and recommend change where necessary. c) In cases of dispute over safe working conditions the employee will first report such unsafe conditions to his or her supervisor and every attempt will be made to rectify the problem at this level. The employee may contact his or her steward to assist in the resolution of the dispute. If the problem cannot be resolved the Risk Manager will be contacted and the problem will be addressed through the interpretation of the basic safety rules and regulations. Should the problem not be resolved at this step, the grievance procedure will be utilized. Safety grievances shall be submitted at Step III. d) In response to recommendations from the Ergonomics Safety Committee, management will develop training workshops which include information on safe City of Palo Alto and SEIU Local 521 December 1, 2015- December 31, 2018 Page 54 of 77 ergonomic work practices. Such workshops will be given at least two times per year. Upon release of Cal/OSHA regulations covering safe workplace ergonomic standards, management will immediately adopt such standards as party of its Injury Prevention Program. ARTICLE XIX - GRIEVANCE and APPEAL PROCEDURE Section 1 - General Provisions. The City and the Union recognize that early settlement of grievance or appeal of disciplinary actions is essential to sound employee-employer relations. The parties seek to establish a mutually satisfactory method for the settlement of employee grievances, or appeal of disciplinary action, or Union grievances as provided for below. In presenting a grievance or appeal of disciplinary action, the aggrieved and/or his or her representative is assured freedom from restraint, interference, coercion, discrimination or reprisal. Release time for investigation and processing a grievance or appeal of disciplinary action is designated in Article IV of this Memorandum of Agreement (MOA). Section 2 – Definitions. a) Grievance means an unresolved complaint or dispute regarding the application or interpretation of rules, regulations, policies, procedures, Memorandum of Agreement or City ordinances of resolution, relating to terms or conditions of employment, wages or fringe benefits, excluding however those provisions of this MOA which specifically provide that the decision of any City official shall be final, the interpretation or application of those provisions not being subject to the grievance or appeal of disciplinary action procedure. b) Appeal of a disciplinary action means an appeal of any kind of disciplinary action against an employee covered by this Memorandum of Agreement. Discipline is defined as suspensions without pay, reductions in pay, demotion or discharge. Reprimands, transfers, reassignments, layoffs, and negative comments in performance evaluations are not considered discipline. Section 3 - Conduct of Grievance Procedure or Appeal of Disciplinary Action Procedure. a) An aggrieved employee may be represented by the Union or may represent himself/herself in preparing and presenting a grievance or appeal of disciplinary action at any level of review. Grievances or appeal of disciplinary action may also be presented by a group of employees. No grievance or appeal of disciplinary action settlement may be made in violation of an existing merit rule or memorandum of agreement. The Union will be notified prior to the implementation of any settlement made which affects the rights or conditions of other employees represented by the City of Palo Alto and SEIU Local 521 December 1, 2015- December 31, 2018 Page 55 of 77 Union. The Union and the Steward will be copied on all written representation unit grievance or appeal of disciplinary action decisions. b) An employee and the representative steward, if any, may use a reasonable amount of work time so long as there is no disruption of work, in conferring about and presenting a grievance or appeal of disciplinary action. Requests for release time to prepare grievance or appeal of disciplinary action shall be made in accordance with the provisions of Article IV, Section 3. c) Beginning with the third step of the grievance or appeal of disciplinary action procedure, the Chief Steward or Alternate Chief Steward may assist in presenting a grievance or appeal of disciplinary action and may be present at all Step III, and IV grievance or appeal of disciplinary action hearings. d) The time limits specified in this Article may be extended by mutual agreement in writing of the aggrieved employee or the Union and the reviewer concerned. e) Should a decision not be rendered within a stipulated time limit, the grievant may immediately appeal to the next step. f) The grievance or appeal of disciplinary action may be considered settled if the decision of any step is not appealed within the specified time limit. g) If appropriate, the aggrieved employee(s) or the Union and the department head may mutually agree, in writing, to waive Step I and/or Step II of the grievance or appeal of disciplinary action procedure. h) Grievances or appeal of disciplinary action shall be made in writing and submitted on forms provided by the City or on forms which are mutually agreeable to the City and the Union. The written grievance or appeal of disciplinary action shall contain clear, factual and concise language, including: (1) the name of the grievant; (2) a statement of the facts upon which the grievance or appeal of disciplinary action is based, including relevant dates, times and places; (3) specific provisions of this Agreement or specific City rules, policies, or procedures which the grievance or appeal of disciplinary action alleges has been violated; (4) a summary of any steps taken toward resolution; and (5) the action the grievant believes will resolve the grievance or appeal of disciplinary action. i) Any retroactivity on monetary grievances or appeal of disciplinary action shall be limited to the date of occurrence, except in no case will retroactivity be granted prior to three months before the grievance or appeal of disciplinary action was filed in writing. City of Palo Alto and SEIU Local 521 December 1, 2015- December 31, 2018 Page 56 of 77 j) If the grievance is filed by more than one employee in the bargaining unit, the Union may, at its option, convert it to a Union grievance after Step II of the grievance procedure. The Union may also file a grievance in those instances when, under this Memorandum of Agreement, a Union right not directly related to an individual employee becomes the subject of dispute. Union grievances shall comply with all of the foregoing provisions and procedures. k) For purposes of time limits, “working days” are considered to be Monday through Friday, exclusive of City holidays. l) If a mutually agreed solution is reached during any step of this grievance or appeal of disciplinary action procedure, the agreement shall be placed in writing and signed by the City and the grievant or union. m) Upon request of either party, meetings to discuss the grievance or appeal of disciplinary action shall be held at any step in the grievance or appeal of disciplinary action procedure. n) The Parties may mutually agree in writing to an alternate method(s) of delivery for any communication for any notices required pursuant to Article XIX, Grievance Procedure, of a grievance or appeal of disciplinary action. Such agreement shall list the designated representative(s) for each party and the appropriate contact information for each Party, and describe the agreed-upon method(s) of communication. All designated representatives shall be copied on any communications. On all transmissions that are intended to conform to a time limit, the sender shall retain proof that the transmission was sent within that limit (for example, confirmation of electronic mail transmission or record of successful fax transmission) in the sender’s file for production if a dispute arises over existence or timing of the transmission. Either Party may designate new representatives or terminate an alternate delivery agreement under this section by providing written notice, which shall be effective immediately, to the other. Section 4 - Grievance and Appeal Procedure. Step I. Informal Discussion. Within fifteen (15) working days after the incident or discovery of the incident on which the grievance or appeal of disciplinary action is based the aggrieved employee shall present the grievance action to his or her immediate supervisor and attempt to resolve the grievance through informal discussions. Every attempt will be made to settle the issue at this level. Step II. If the grievance is not resolved through the informal discussion in Step 1 or the employee wishes to appeal disciplinary action taken against him/her in the case of a City of Palo Alto and SEIU Local 521 December 1, 2015- December 31, 2018 Page 57 of 77 grievance, the employee will reduce the grievance or appeal of disciplinary action to writing and submit copies to the Department head or his or her designee within fifteen (15) working days of the discussion with the immediate supervisor or within fifteen (15) working days from the receipt of a final disciplinary action. The Department Head or designee shall have fifteen (15) working days from the receipt of a written grievance or appeal of disciplinary action to review the matter and prepare a written statement. Step III. If the grievance or appeal of disciplinary action is not resolved and/or the aggrieved employee is not satisfied with the Step II decision, the grievant or disciplined employee may appeal to the Human Resource Director or his or her designee in writing within fifteen (15) working days of the receipt of the Department Head's response. The written appeal to the Human Resources level shall include a copy of the original grievance or appeal of disciplinary action, the Department Head’s decision at Step II, and a clear statement of the reasons for appeal. Within fifteen (15) working days, after receiving the written appeal, the Human Resource Director shall review the matter and prepare a written statement. If a mutually agreed solution is reached during this process the agreement shall be placed in writing and signed. Step IV. If the grievance or appeal of disciplinary action is not resolved at Step III, the aggrieved employee may choose between final and binding resolution of the grievance or appeal of disciplinary action through appeal to the City Manager or through appeal to final and binding arbitration. For the term of this Memorandum of Agreement, appeals to final and binding arbitration may be processed only with Union approval. All Step IV appeals must be filed in writing at the Human Resources Department Office within fifteen (15) working days of receipt of the Human Resource Director’s decision at Step 3. If the grievant or appellant elects final and binding resolution by the City Manager, the City Manager will choose the methods he or she considers appropriate to review and settle the grievance or appeal of disciplinary action. The City Manager shall render a written decision to all parties directly involved within fifteen (15) working days after receiving the grievant/appellant’s appeal. If the grievant/appellant elects final and binding arbitration in accordance with this provision, the parties shall mutually select an arbitrator within 90 days from the date of receipt of the written request for appeal. In the event the parties cannot agree on an arbitrator, they shall mutually request a panel of five arbitrators from the California State Conciliation Service or from the American Arbitration Association if either party objects to the State Conciliation Service, and select an arbitrator by the alternate strike method. The arbitrator shall have jurisdiction and authority only to interpret, apply, or determine compliance with the provisions of this Memorandum of Agreement and such Merit City of Palo Alto and SEIU Local 521 December 1, 2015- December 31, 2018 Page 58 of 77 System Rules, regulations, policies, procedures, City ordinances, resolutions relating to terms or conditions of employment, wages or fringe benefits, as may hereafter be in effect in the City insofar as may be necessary to the determination of grievances or appeal of disciplinary action appealed to the arbitrator. The arbitrator shall be without power to make any decision contrary to, or inconsistent with or modifying in any way, the terms of this Memorandum Of Agreement. The arbitrator shall be without authority to require the City to delegate or relinquish any powers which by State law or City Charter the City cannot delegate or relinquish. Where either party seeks arbitration and the other party claims the matter is not subject to the arbitration provisions of this Memorandum of Agreement, the issue of arbitrability shall first be decided by the arbitrator using the standards and criteria set forth in Article XX and without regard to the merits of the grievance or appeal of disciplinary action. If the issue is held to be arbitrable, the arbitration proceedings will be recessed for up to five working days during which the parties shall attempt to resolve the grievance. If no resolution is reached, the arbitrator will resume the hearing and hear and resolve the issue on the merits. Copies of the arbitrator's decision shall be submitted to the City, the aggrieved employee and the Union. All direct costs emanating from the arbitration procedure shall be shared equally by the City and the aggrieved employee or the Union. ARTICLE XX - UNSATISFACTORY WORK OR CONDUCT AND DISCIPLINARY ACTION The City has the right to discipline, demote, or discharge employees for cause. Non- probationary employees whose work or conduct is unsatisfactory but not sufficiently deficient to warrant discipline, demotion, or discharge will be given a written notification of unsatisfactory work or conduct and an opportunity to improve. Failure to correct deficiencies and improve to meet standards may result in discipline, demotion, or discharge. Discipline is defined as suspensions without pay, reduction in pay, demotion, or discharge. Coaching, mentoring, verbal counseling, written counseling, reprimands, transfers, reassignments, layoffs, and negative comments in performance evaluations are not discipline and shall not be subject to the requirements of this Article. Section 1 - Preliminary Notice of Discipline. Prior to imposing disciplinary action, a supervisor shall provide an employee with preliminary written notice of the proposed disciplinary action. The notice of proposed disciplinary action must be in writing and served on the employee in person or by registered mail or Fed-Ex. The notice of disciplinary action shall include: a) Statement of the violations upon which the disciplinary action is based; b) Intended effective date of the action; City of Palo Alto and SEIU Local 521 December 1, 2015- December 31, 2018 Page 59 of 77 c) Statement of the cause thereof; d) Statement in ordinary and concise language of the act or the omissions upon which the causes are based; e) Copies of any documents or other written materials upon which the disciplinary action was fully or in part based. f) Statement advising the employee of his/her right to appeal from such action, and the right to union representation and a statement that in order to exercise your rights to union representation the employee may contact their SEIU representative or their steward. g) The date and location of the Skelly meeting and the name of the Skelly Officer Section 2 - Skelly Meeting. The employee shall have the right to respond informally to the charges either verbally or in writing before the discipline is imposed. The employee shall have fifteen (15) working days from receipt of the notice to request this pre- disciplinary administrative review. The employee may request a reasonable extension of the time to respond for justifiable reasons. The Skelly meeting to listen to the verbal responses shall be scheduled with a City representative who is not the manager recommending the discipline (the “Skelly Officer”). The Skelly Officer shall render a final written decision (the “post-Skelly decision”) within fifteen (15) working days of receiving the employee’s response, if any, and shall deliver the post-Skelly decision to the employee by personal delivery or registered mail. The Skelly Officer may sustain, modify, or overturn the recommended disciplinary action. If the Skelly Officer sustains or modifies the disciplinary action, the action may be imposed after the post-Skelly decision is delivered to the employee. Section 3 – Appeals. Appeals of disciplinary action should be processed through the procedures outlined in Steps 2-4 of the grievance appeal of disciplinary action procedure (Article XIX, Section 4.) ARTICLE XXI - NO ABROGATION OF RIGHTS The parties acknowledge that Management rights as indicated in Section 1207D of the Merit System Rules and Regulations and all applicable State laws are neither abrogated nor made subject to negotiation by adoption of this MOA. City of Palo Alto and SEIU Local 521 December 1, 2015- December 31, 2018 Page 60 of 77 ARTICLE XXII - OUTSIDE EMPLOYMENT The provisions of Article 4.7 of the Government Code of the State of California will govern the determination of incompatible outside employment. ARTICLE XXIII – WORK STOPPAGE AND LOCKOUTS The City agrees that it will not lock out employees, and the Union agrees that it will not engage in any concerted work stoppage or slowdown during the term of this MOA. An employee shall not have the right to recognize the picket line of a labor organization when performing duties of an emergency nature. ARTICLE XXIV - PROVISIONS OF THE LAW Section 1 - Conformity and Separability of Provisions. This Memorandum of Agreement is subject to all current and future applicable Federal and State laws and Federal and State regulations and the Charter of the City of Palo Alto and the Constitution of the State of California. Should any of the provisions herein contained be rendered or declared invalid by reason of any existing State or Federal legislation, such invalidation of such part or portion of this Memorandum of Agreement shall not invalidate the remaining portions hereof, and they shall remain in full force and effect, insofar as such remaining portions are severable. Section 2 - Merit Rules and Regulations. This Memorandum of Agreement shall become a part of the City of Palo Alto Merit Rules and Regulations applying to employees assigned to classifications in the SEIU unit. As applied to employees assigned to the SEIU unit, this Memorandum of Agreement shall prevail over any conflicting Merit Rules and Regulations. Section 3 - Resolution. The City and the Union agree by signing this Memorandum of Agreement that the wages, hours, rights and working conditions contained herein shall be continued in full force during the term of this Memorandum of Agreement except as otherwise provided for in the Memorandum of Agreement and shall be binding on both the City and the Union upon ratification by the Council of the City of Palo Alto and upon ratification by Union membership. ARTICLE XXV - TUITION REIMBURSEMENT The City shall fund a Tuition Reimbursement Program for use by non-probationary employees in the unit with at least one (1) year of full time service with the City. This City of Palo Alto and SEIU Local 521 December 1, 2015- December 31, 2018 Page 61 of 77 program will provide reimbursement to eligible SEIU members for successful completion of undergraduate or graduate level courses or collegiate level certification courses related to employment opportunities with the City. The City will fund up to $100,000 for each fiscal year of the term of this MOU. The maximum reimbursement will be one thousand five hundred dollars ($1,500) per employee for each fiscal year of this MOU. The reimbursement will be provided if the following conditions are met: a. Courses must be pre-approved as job related by the division head or designee prior to the start of the course. b. Eligible expenses include required textbooks, tuition, fees, lab fees and equipment, but will not include parking fees or health fees related to enrollment. c. Employees must attain a final grace of “C” or better for both undergraduate and graduate work. Courses providing a “pass/fail” must achieve a “pass” to qualify for reimbursement. Ungraded undergraduate and graduate level courses will be reimbursement based on proof of successful completion. d. Requests for reimbursement shall be submitted in accordance with the procedures developed by the City. A request for reimbursement will not be considered submitted until it includes the relevant receipts and proof that the necessary grade or successful completion was earned. e. Requests for reimbursement must be submitted within thirty (30) calendar days of the end of the fiscal year to be allocated to the fiscal year. f. Monies expended on tuition reimbursement will be subject to appropriate IRS regulations. g. Courses must be taken on the employee’s off duty hours, unless prior approval is received from the employee’s supervisor. h. The City may require reimbursement from the employee prior to completion of twelve months of service following receipt of the reimbursement. Reimbursement to the City will be to the extent allowable under law. i. This program is intended to provide educational and career development opportunities including licenses and certifications that are job related, and shall not replace other training currently offered by the City. ARTICLE XXVI - COST REDUCTION PROGRAMS During the term of this agreement, the Union will aggressively assist Management in developing cost reduction programs. Such programs may include voluntary reduced hours/pay after this concept is studied by Management, and with such application as may be approved by Management. City of Palo Alto and SEIU Local 521 December 1, 2015- December 31, 2018 Page 62 of 77 ARTICLE XXVII – TERM The Term of this Memorandum of Agreement shall commence on December 1, 2015 and shall expire on December 31, 2018. The Parties agree that they will commence negotiations over a successor to this Memorandum of Agreement no later than one hundred eighty (180) days (July 2, 2018) before its expiration. If, at the time this Memorandum of Agreement would otherwise expire, the parties are continuing to negotiate a successor Memorandum of Agreement, upon mutual agreement the terms and conditions of this Memorandum will continue in effect. City of Palo Alto and SEIU Local 521 December 1, 2015- December 31, 2018 Page 63 of 77 EXECUTED: FOR LOCAL 521, SEIU, CTW: FOR CITY OF PALO ALTO: _______________________________ _______________________________ Miesha Brown, SEIU James Keene, City Manager __ Lynn Krug, Chapter Chair Rumi Portillo, Human Resources Director __ Allyson Hauck, Chief Negotiator _____ __ Natalie Korthamar, Manager of Employee and Labor Relations __ Maria Patino, HR Representative ___ Jon Hospitalier __________ Dean Batchelor __________ Debra Burger __________ Diane Lai __________ Rhyena Halpern __________ Richard Baptist City of Palo Alto and SEIU Local 521 December 1, 2015- December 31, 2018 Page 64 of 77 APPENDIX A Effective the pay period following execution of a successor following ratification and approval by the Union and the City Council, employees in this unit will receive a 1.5% salary increase. Effective the pay period following December 1, 2016, employees in this unit will receive a 3% salary increase. Effective the pay period following December 1, 2017, employees in this unit will receive a 3% salary increase. This Appendix will be amended to reflect salary increases and market adjustments with the effective dates shown in Appendix A-1, with the final salary schedule as shown in Appendix A-2. • For employees below median after receiving the first salary increase of 1.5% as listed above, the City will provide 1/3 market adjustment to median effective the first pay period following ratification by the Union. • The City will provide the second 1/3 market adjustment to median, effective the first pay period following December 1, 2016. • The City will provide the final 1/3 market adjustment to median, effective the first pay period following July 1, 2017. For these market adjustments, the City will use market data effective as of December 31, 2015. • The City shall maintain service retention steps of 2.5% of base for Dispatcher I, II and Lead at the beginning of 7th year and beginning of 10th year. • Utility System Operators will receive a 10% recruitment and retention pay increase the first full pay period following adoption of this agreement • Public Safety Dispatchers (I,II, and Lead) will receive a 10% recruitment and retention pay increase the first full pay period following adoption of this agreement. • WQCP Operators and Senior Operators will receive a 5% recruitment and retention pay increase the first full pay period following adoption of this agreement. City of Palo Alto and SEIU Local 521 December 1, 2015- December 31, 2018 Page 65 of 77 APPENDIX B. APPRENTICESHIPS Note: Employees hired into a Lineperson Apprenticeship position on or before April 11, 2016 will continue to progress through the Apprenticeship steps and into the Lineperson journey rate at the same intervals as existed before April 11, 2016 in the Apprenticeship Program. Substation Electrician, Street Light /Traffic Signal / Fiber Technician, Lineperson/Cable Splicer APPRENTICE: Upon completion, may lead to Journey level position. The Utilities Department has formalized the Apprenticeship programs in the Electric Section to develop journey level electricians/technicians and lineperson/cable splicers. The following are basic concepts/principles to be incorporated: 1. The administration and operation of the Apprenticeship programs will be managed by the Apprenticeship Committee, which will be selected by the Manager of Electric Operations and comprised of two (2) bargaining unit members designated by Local 521 and two (2) Utility Supervisors and the Manager of Electric Operations. The Manager of Electric Operations will maintain oversight of the program. The Apprenticeship Program will be subject to review and approval by the State of California Department of Industrial Relations Division of Apprenticeship Standards. 2. The journey level position will not be a promotional opportunity for anyone other than the apprentice under filling the position, as long as that apprentice is successfully progressing through the program. 3. Employees within Electric Operations, who qualify, will be given first consideration for the apprentice position prior to other City classifications or recruiting from outside the City. 4. A letter of agreement will be entered into by the apprentice and the City identifying the terms and conditions of the program. 5. The program will normally require eight thousand (8000) work hours (48 months) to complete for Lineperson Cable Splicer and six thousand (6000) work hours (36 months) for Substation Electrician, Street Light /Traffic Signal / Fiber Technician positions. 6. Normal progress through the program will be in periodic increments with formal evaluations. City of Palo Alto and SEIU Local 521 December 1, 2015- December 31, 2018 Page 66 of 77 7. The salary steps for the Substation Electrician, Street Light /Traffic Signal / Fiber Technician and Lineperson Cable Splicer apprenticeships are outlined in the State of California Department of Industrial Relations Division of Apprenticeship Standards. Employees hired into a Lineperson/Cable Splicer Apprenticeship position will be paid at step 1 of the Lineperson/Cable Splicer Apprentice step range. Upon completion of all course work requirements outlined in the apprentice syllabus, the employee will progress as follows: Month Step Step Intervals 1-12 1 12 months 13-24 2 12 months 25-36 3 12 months 37-42 4 6 months 43-48 5 6 months Upon successful completion of the fourth year following commencement of the Apprenticeship, the employee will be reclassified/progressed to Lineperson / Cable splicer Journey Level and paid at the top step (step 5) of the journeyman rate. In any case, successful completion of the program and movement into the Lineperson Cable Splicer journey level classification will not transpire until the employee has fulfilled all of the requirements outlined in the program content description and received the recommendation of the Apprenticeship Committee. Employees hired into a Substation Electrician or Street Light /Traffic Signal / Fiber Technician Apprenticeship position will be paid at step 1 of the Substation Electrician or Street Light /Traffic Signal / Fiber Technician step range. Upon completion of all coursework requirements outlined in the apprentice syllabus, the employee will progress as follows: Month Step 1-6 1 7-12 2 13-18 3 19-24 4 25-36 5 City of Palo Alto and SEIU Local 521 December 1, 2015- December 31, 2018 Page 67 of 77 Upon successful completion of the Apprenticeship, the employee will be reclassified / progressed to Substation Electrician or Street Light /Traffic Signal / Fiber Technician Journey Level and paid at the fifth step (step 5) of the journeyman rate. In any case, successful completion of the program and movement into the Substation Electrician or Street Light /Traffic Signal / Fiber Technician journey Level classification will not transpire until the employee has fulfilled all of the requirements outlined in the program content description and received the recommendation of the Apprenticeship Committee. 8. Should an apprentice prove deficient in progressing through either the coursework or on-the-job training portion of an apprenticeship step, the apprentice shall not progress to the next higher step nor shall the apprentice receive the step increase in wages. The apprentice as described above may at the discretion of the appropriate Division Manager, be granted a three (3) month extension to eliminate the deficiency and be allowed to progress to the next higher step in the apprenticeship and receive the step increase in wages. *Note: A maximum of two (2) time extensions may be granted during the term of the apprenticeship. Any apprentice that is removed due to documented deficiency shall have their employment terminated. 9. The City and the Union agree to review or develop job descriptions to better reflect the qualification necessary to attract and retain successful candidates for this program. It is further agreed that the job descriptions will not warrant additional compensation. 10. Training will consist of on-the-job (OJT) and required training as outlined in the program, Training costs will be funded by departmental funds and employees will be compensated their normal wages while attending required training. Personal time spent in off-the-job training and/or study will not be compensated. 11. The apprentice will be under the continuing guidance of an appropriately qualified journey level person during OJT. Such journey level persons will be assigned by Management from among volunteers who will not receive additional compensation. 12. Qualifications/progress will be verified by appropriately kept records. 13. Unless specifically stated otherwise, regular City personnel policies and MOA provisions will apply to the apprenticeship program. 14. This program may become a conceptual model for apprenticeships in other divisions or departments. City of Palo Alto and SEIU Local 521 December 1, 2015- December 31, 2018 Page 68 of 77 APPENDIX C. DEPT/DIVISION CLASSIFICATION WORKDAY OR WORKWEEK VARIATION Section 1. Exceptions to Standard Workday or Work Week for SEIU Representation Unit: Library Department Coordinator, Library Programs Librarian Senior Librarian Library Specialist Library Associate In a given workweek, staff may work three eight-hour days, one seven-hour day, and one nine-hour day. On a voluntary basis, staff may work five non-consecutive days within seven. Section 2. Rules Governing Flexible Work Hours. These rules and procedures are established pursuant to Article VI, Section 8, and are an application of Article VIII, Sections 1, 2, and 3 of the Memorandum of Agreement to the classifications of Coordinator, Recreation Programs; Producer, Arts & Sciences Programs; Program Assistant; Theater Specialist, in the Recreation and Arts & Sciences Divisions of the Community Services Department, and the classifications of Associate Planner, Building Planning Technician, CDBG Coordinator, Engineer, , Planner, and Senior Planner in the Planning and Community Environment Department. a) Flexible Work Schedule 1. Employees in the covered classification shall be permitted to arrange flexible work schedules with division approval, providing that such schedules shall include forty (40) hours per week. 2. Standard daily office hours are typically Monday through Friday, between the hours of 8:00 a.m. and 6:00 p.m. as determined by the Department. Flexible hours may occur for supervision of, and/or attendance at, evening programs, meetings, weekend events, or other programs. City of Palo Alto and SEIU Local 521 December 1, 2015- December 31, 2018 Page 69 of 77 b) Overtime 1. Emergency call-out work shall be defined as overtime work and compensated per standard City practices. 2. If the need arises for overtime work due to an unusual circumstance calling for extra hours or due to a special event, compensation shall be allowed with prior approval of the Director of Recreation, Director of Arts and Sciences, or the Director of Planning and Community Environment, and shall be compensated for, as spelled out in the Memorandum of Agreement. Section 3. 2080 Plan a) Either the Union or the City may withdraw from the Plan by giving the other party 30 calendar days written notice. In the event of termination of the plan, the covered classifications will return to an 8-hour or other authorized workday as provided under Article VIII, Section 1, of this Memorandum of Agreement. b) Provisions of the 2080 Plan are as follows. To the extent that these provisions are in conflict with other provisions of the Memorandum of Agreement, these provisions will prevail. c) The 2080 Plan or “12 hours per Shift Schedule” is an authorized work schedule for the Utility Systems Operators and Water Quality Control Plant Operators. 2080 Plan Under this 2080 Plan, each employee's hours of work per year may not exceed 2,240. For scheduling purposes, and subject to the Merit System Rules and Regulations, the employee will be guaranteed not less than 2080 hours per year, or no less than 52 weeks at the normal number of hours worked per week. Any employee covered by the Plan who works up to 2,080 hours per year is compensated for all hours worked at the agreed upon rate. The City must pay overtime for all hours worked in excess of 12 in any workday, 56 hours in any work week, or 2080 hours in 52 weeks as the case may be. The rate of overtime will be at time and one-half the employee's regular rate of pay (or current contract overtime rate, if different). Shift Schedule The shift schedules combined must provide full 24-hour, seven (7) days per week coverage for the Utility Control Center and Water Quality Control Plan. The shift schedule shall be a rotating schedule. The Utility Systems Operators’ shift schedule will reach the equivalent of 40 hours per week in five weeks. The 12-hour shifts begin at 7:00 a.m. and 7:00 p.m. The Relief shift shall begin at 7:00 a.m. and end at 3:00 p.m. City of Palo Alto and SEIU Local 521 December 1, 2015- December 31, 2018 Page 70 of 77 with lunch taken while working. The shift schedule shall be rotating schedule. The Water Quality Control Plant Operators’ shift schedule will reach the equivalent of 40 hours per week in two weeks. There will be four 12-hour shifts that begin at 6:00 a.m. and 6:00 p.m. The fifth shift will be a 4/10 shift that begins at 6 a.m. on three days, and at noon on the fourth day. Pay Period Pay periods and workweek for the System Operations will begin Sunday at 7:01 a.m. Pay periods and workweek for the Water Quality Control Plan Operators will begin Saturday at 6:01 a.m. Wages Wages will be based on the City of Palo Alto Compensation Plan, which may vary from time to time as mutually agreed upon. Overtime Under the 2080 Plan, the City will pay overtime for all hours worked in excess of 12 in any workday, 56 in any work week, or 2080 in 52 weeks, as the case may be. Overtime will also be paid for hours worked when an employee is called in to work other than their regularly-scheduled shift. The overtime rate of pay will be one and one-half times (or current contract overtime rate, if different) of the employee's regular rate of pay. All overtime worked will be paid to the employee. No compensatory time off for overtime will be allowed with the exception of Water Quality Control Operations. Relief Employees This provision only applies to the Utility Systems Operators. The five Operators share the relief week evenly as they rotate through the five week cycle. Relief employee(s) will be used within the 12-hours shift schedule only when relieving for the System Operators on shift. When not relieving, they will work four eight-hour shifts. When a vacation relief week results in a 36-hour or 48-hour week, the operator working said week shall be paid at one and one-half (1½) time their normal rate of pay for hours that exceed thirty two (32) hours. Relief Duties This provision only applies to the Utility Systems Operators. An employee who is scheduled to perform relief duties shall be available for duty in revolving shifts on any day of the week and may be assigned for relief in any shift without advance notice. Relief employees will be paid standby pay during their relief week. City of Palo Alto and SEIU Local 521 December 1, 2015- December 31, 2018 Page 71 of 77 Standby This provision only applies to the Utility Systems Operators. An employee who is on relief duties is covering standby, and will be compensated according to Article VIII, Section 7 (a) of the Memorandum of Agreement. If the relief employee is on vacation or otherwise unavailable for relief duties, the employee(s) on their three or four-day off period will be first on standby. Management reserves the right to utilize Management personnel as Operators on a short-term, as needed basis, if no Operator is available. Filling Vacant Positions If the City elects to fill a vacancy other than by reassignment of the shift or the utilization of prior or succeeding shift personnel, the following procedure shall be used: Employees will be called according to their position on the Pre-arranged Overtime List (POL), with the person with the lowest balance being the first one called. The purpose of the POL is to fairly distribute the available opportunities. If an employee turns down the overtime, that amount will be added to the employee's POL balance. If an employee cannot be contacted for such assignment, the employee will not have any overtime added to their POL account balance. Shift Changes Shift changes caused by scheduled time off or sick leave will not be considered an official change in shift. Maximum Hours Worked No employee shall work more than 18 consecutive hours. Rest Period In a 12-hour workday, employees are entitled to a rest period of 8 consecutive hours after working 6 hours overtime during the 12 hours immediately before the regularly scheduled hours of work on a workday or non-workday. Holidays Employees who begin their day or night shift on an observed holiday will receive overtime premium in accordance with Article X, Section 3 of the Memorandum of Agreement. Employees who work a schedule where a regular day off falls on a holiday will be paid for the hours they would have normally worked on that day. Employees working for Water Quality Control Operations may accrue holiday time convertible to vacation. City of Palo Alto and SEIU Local 521 December 1, 2015- December 31, 2018 Page 72 of 77 Sick Leave Sick leave will be earned as indicated in Article XII, Section 1(a) of this MOA, and shall be charged in increments of one hour. Floating Days Off Floating holidays will be made available to eligible employees and used pursuant to Article X, Section 5. Vacation An employee's total entitlement will be converted to hours (eight hours = one day). A workday will consist of 12 hours, and employees taking vacation will be charged 12 hours of use. Two week notification is required for any scheduled time off. Only one person at a time may be scheduled off. It is the intention of the City that vacation be taken in units of one work week; however, with approval of his/her supervisor, an employee may use his/her accrued vacation in units of less than one work week. Meals Shift employees shall be permitted to eat their meals during work hours and shall not be allowed additional time, therefore at City expense. Shift Premium Shift premium will be handled in accordance with the current Memorandum of Agreement between the City and the Union, Article VIII, Section 8. Jury Duty Time off for jury duty which occurs on a regularly scheduled workday will result in the employee being credited with up to 12 hours worked, for pay purposes. Employees called for jury duty who are working the evening portion of the 12-hour schedule will be placed, for payroll and scheduling purposes, on the day shift for each scheduled day such employee is required to report for jury duty, and will not be required to work the evening 12-hour shift before or after being required to report for jury duty. However, such employee shall return to work on the day shift upon being released from such duty if there are at least four hours remaining prior to the end of the day shift. All other provisions of Article XII, Section 5, of the current Memorandum of Agreement shall apply. City of Palo Alto and SEIU Local 521 December 1, 2015- December 31, 2018 Page 73 of 77 APPENDIX D. IN-LIEU PREMIUMS 1. For employees in the following operations assigned to work schedules other than Monday through Friday, the calendar day will be considered the holiday for premium pay of in-lieu scheduling purposes: Communications Water Quality Control Animal Control Golf Course Utilities Services Landfill Open Space Electric System Operator c) If December 24 and 31 fall on Sunday, then the preceding Friday will be designated for purposes of excused time off, except in the case of Community Services staff who may be scheduled to work on Saturday, in which case Saturday will be designated for purposes of excused time off. For Open Space and Library personnel, designation of excused time off will be based on Park and Library schedules and employee preference. City of Palo Alto and SEIU Local 521 December 1, 2015- December 31, 2018 Page 74 of 77 APPENDIX E. COMMUNICATIONS DIVISION PROMOTIONS 1. Promotional opportunities within the Communications Division will be carried out in compliance with procedures set forth in Article VI, Section 5, of the Memorandum of Agreement between the City and SEIU Local 521, except that: a. In sub-paragraph (e) of Article VI, Section 5, the term "seniority" shall be defined as Division Seniority. • Division Seniority, for the purposes of shift scheduling, vacation scheduling and promotional opportunities will be calculated from an employee’s first day of employment in the division. Any unpaid leave that is not protected under FMLA or CFRA will not count as service days towards seniority, unpaid furlough, and unpaid closure time. Other areas of seniority not mentioned in this article will follow Article 6, Section 5, e “Seniority” of the Memorandum of Agreement between SEIU 521 and the City of Palo Alto. City of Palo Alto and SEIU Local 521 December 1, 2015- December 31, 2018 Page 75 of 77 APPENDIX F. RECOVERY OF CITY TRAINING COSTS In recognition of the extended training provided to affected employees, the Parties agree that the City may recover up to thirty percent (30%) of its cost for training employees, hired on or after July 1, 2012, in all Utilities Apprentice classifications and in the Park Ranger Apprentice classifications if the employee voluntarily terminates from the City or abandons his or her City employment before completing three years of City service in the Journeyman classification or Park Ranger classification. The amount recovered shall reasonably reflect the City’s cost for the training, but will exclude all wage or benefit costs, and will be prorated to reflect the portion of the thirty-six (36) month post-training service period remaining at the time of the employee’s termination. As of July 1, 2015 thirty percent (30%) of the City’s average cost for training employees in: • Lineperson/Cable Splicer Apprenticeship Program is $5600.00 • For the Field Service Representative, the City’s two year training cost is $ 6,000 • For Substation Electrician Apprenticeship Program is $4800.00 • For Street Lighting / Traffic Signals / fiber Apprentice program is: $1800.00 • For Park Ranger, the City’s two-year training cost is:$6,300 The employee will be required to sign an agreement providing for reimbursement to the City as provided above on the form attached hereto as Appendix H. City of Palo Alto and SEIU Local 521 December 1, 2015- December 31, 2018 Page 76 of 77 APPENDIX G. RECOVERY OF TRAINING INVESTMENT AGREEMENT This Agreement is entered into between ___________ (“Employee”) and the City of Palo Alto (the “City”), as authorized by the Memorandum of Agreement between the City and SEIU Local 521. RECITALS A. The purpose of this Agreement is to limit the City’s risk that it will invest substantial sums in the Employee’s training but potentially lose the value of that training if the employee terminates without rendering substantial journey level service to the City after training. B. The City may require reimbursement from Employee of thirty percent (30%) of the total training cost for _______position, subject to abatement when specified service requirements are met. C. On or about (date) City extended to Employee a conditional offer of employment in the position of _________(position), subject to Employee’s agreement to complete the training necessary to perform the duties of _______ (position), under the terms of the training program. The ______(position) requires [description of training], which as of July 1, 2015 cost the City approximately $ over the course of the training. D. This agreement sets forth the Employee’s agreement to reimburse the City for the City’s investment in the Employee’s training if the employee voluntarily terminates from the City prior to the completion of thirty-six months of service following successful completion of the training. THEREFORE, the Parties agree to the terms set forth below: By signing this agreement, the Employee understands that s/he is bound by agrees to the following terms: 1. ____________________________________ (hereafter “Employee”) agrees that in training Employee for the position of _________________________________________, the City of Palo Alto (hereafter “City”) incurs a total cost of $___________. 2. Employee agrees that amounts recoverable under this agreement do not include Employee wage or benefit costs. City of Palo Alto and SEIU Local 521 December 1, 2015- December 31, 2018 Page 77 of 77 3. Employee agrees that in the event he/she voluntarily terminates or abandons his or her employment from the City prior to the completion of thirty-six (36) months of service following the successful completion of his or her apprenticeship, he/she will repay the City for the cost of training noted above, prorated to reflect the months of service the Employee has completed following successful completion of their training. Employee agrees that for the purpose of this agreement, “time of service” shall begin on the date following the successful completion of the Employee’s training. 4. Employee agrees that the aggregate amount of repayment due will be determined based upon the attached proration table. 5. Employee agrees that repayment shall be due and made in equal monthly installments over the twelve (12) months immediately following termination, on the first of each such month. 6. If Employee does not fully reimburse the City for the amounts due when due, the entire aggregate amount owed will become immediately due, the employee will be deemed in default on this agreement and the City may initiate legal proceedings to collect said amounts. Employee will be responsible for all reasonable collection costs and attorney fees incurred by the City in undertaking such proceedings. The City may elect to forbear taking such action to allow Employee the opportunity to become current on the debt. Such forbearance will not alter the Employee’s default status or adversely affecting the City’s right to later initiate proceedings for recovery pursuant to this Agreement. 7. This agreement shall be effective on the date listed below. DATED: ___________________ ______________________________________ Employee ______________________________________ Title, City of Palo Alto APPENDIX A-1 to MOA Between City of Palo Alto and SEIU Summary of Market Adjustments and Salary Increases Benchmark Title (Bold) Job Family Positions (not bold) Market Survey Results Base + Cash + Ins TOTAL City Proposed Market Adj. 1st PP Following Adoption TOTAL City proposed Salary & Market Adjustment 1PP including Dec. 1, 2016 FINAL TOTAL Market Adjustment 1PP follwing July 1st, 2017 TOTAL City proposed Salary 1PP including Dec. 1, 2017 CITY Proposed Total (over contract term) Accounting Specialist -0.9%1.50%3.00%0.00%3.00%7.50% ACCT SPEC 1.50%3.00%0.00%3.00%7.50% ACCT ASSISTANT 1.50%3.00%0.00%3.00%7.50% ACCT SPEC-LEAD 1.50%3.00%0.00%3.00%7.50% PAYROLL ANALYST 1.50%3.00%0.00%3.00%7.50% PAYROLL ANALYST - S 1.50%3.00%0.00%3.00%7.50% UTIL ACCTG TECH 1.50%3.00%0.00%3.00%7.50% UTIL CREDIT/COL SPEC 1.50%3.00%0.00%3.00%7.50% Administrative Associate II (Staff Sec)-1.9%1.63%3.13%0.13%3.00%7.90% ADMIN ASSOC II 1.63%3.13%0.13%3.00%7.90% ADMIN ASSOC I 1.63%3.13%0.13%3.00%7.90% ADMIN ASSOC III 1.63%3.13%0.13%3.00%7.90% MAILING SVCS SPEC 1.63%3.13%0.13%3.00%7.90% OFFSET EQUIP OPERATOR 1.63%3.13%0.13%3.00%7.90% MANAGEMENT ASST 1.63%3.13%0.13%3.00%7.90% MANAGEMENT ASST - S 1.63%3.13%0.13%3.00%7.90% PROGRAM ASSISTANT 1.63%3.13%0.13%3.00%7.90% PROGRAM ASSISTANT I 1.63%3.13%0.13%3.00%7.90% PROGRAM ASSISTANT II 1.63%3.13%0.13%3.00%7.90% EMS DATA SPECIALIST 1.63%3.13%0.13%3.00%7.90% Animal Control Officer -2.4%1.80%3.30%0.30%3.00%8.40% ANIMAL CONTROL OFF 1.80%3.30%0.30%3.00%8.40% ANIMAL CONTROL OFF - L 1.80%3.30%0.30%3.00%8.40% ANIMAL ATTENDANT 1.80%3.30%0.30%3.00%8.40% ANIMAL SERVICE SPEC 1.80%3.30%0.30%3.00%8.40% ANIMAL SERVICES SPEC II 1.80%3.30%0.30%3.00%8.40% VETERINARIAN TECH 1.80%3.30%0.30%3.00%8.40% Associate Engineer -2.9%1.97%3.47%0.47%3.00%8.90% ASSOC ENGINEER 1.97%3.47%0.47%3.00%8.90% ASSOC POWER ENGR 1.97%3.47%0.47%3.00%8.90% ASST ENGINEER 1.97%3.47%0.47%3.00%8.90% ASST POWER ENGR 1.97%3.47%0.47%3.00%8.90% ENGINEER 1.97%3.47%0.47%3.00%8.90% MARKETING ENG 1.97%3.47%0.47%3.00%8.90% POWER ENGR 1.97%3.47%0.47%3.00%8.90% PLANS CHECK ENGR 1.97%3.47%0.47%3.00%8.90% UTIL ENGR ESTIMATOR 1.97%3.47%0.47%3.00%8.90% UTIL ENGR ESTIMATOR - L 1.97%3.47%0.47%3.00%8.90% PROJECT ENGINEER 1.97%3.47%0.47%3.00%8.90% PROJECT ENGINEER -S 1.97%3.47%0.47%3.00%8.90% ELECTRIC PROJECT ENGINEER 1.97%3.47%0.47%3.00%8.90% ELECTRIC PROJECT ENGINEER -S 1.97%3.47%0.47%3.00%8.90% TRAFFIC ENGINEERING LEAD 1.97%3.47%0.47%3.00%8.90% 1 APPENDIX A-1 to MOA Between City of Palo Alto and SEIU Summary of Market Adjustments and Salary Increases Benchmark Title (Bold) Job Family Positions (not bold) Market Survey Results Base + Cash + Ins TOTAL City Proposed Market Adj. 1st PP Following Adoption TOTAL City proposed Salary & Market Adjustment 1PP including Dec. 1, 2016 FINAL TOTAL Market Adjustment 1PP follwing July 1st, 2017 TOTAL City proposed Salary 1PP including Dec. 1, 2017 CITY Proposed Total (over contract term) Building Inspector -6.2%3.07%4.57%1.57%3.00%12.20% BLDG INSPECTOR 3.07%4.57%1.57%3.00%12.20% DEVELOPMENT PROJECT COOD I 3.07%4.57%1.57%3.00%12.20% DEVELOPMENT PROJECT COOD II 3.07%4.57%1.57%3.00%12.20% DEVELOPMENT PROJECT COOD III 3.07%4.57%1.57%3.00%12.20% PLANNING ARBORIST 3.07%4.57%1.57%3.00%12.20% PLANNING ARBORIST - S 3.07%4.57%1.57%3.00%12.20% PLANS EXAMINER 3.07%4.57%1.57%3.00%12.20% BLDG INSPECTOR SPEC 3.07%4.57%1.57%3.00%12.20% CHF INSPEC WGW 3.07%4.57%1.57%3.00%12.20% CODE ENFORCEMENT OFF 3.07%4.57%1.57%3.00%12.20% CODE ENFORCEMENT OFF-L 3.07%4.57%1.57%3.00%12.20% ELEC UNDG INSPEC - L 3.07%4.57%1.57%3.00%12.20% ELEC UNDGD INSPEC 3.07%4.57%1.57%3.00%12.20% SURVEYING ASST 3.07%4.57%1.57%3.00%12.20% SURVEYOR, PUBLIC WORKS 3.07%4.57%1.57%3.00%12.20% INSPECTOR, FIELD SVC 3.07%4.57%1.57%3.00%12.20% Building Service Person -4.9%2.63%4.13%1.13%3.00%10.90% BLDG SERVICEPERSON 2.63%4.13%1.13%3.00%10.90% BLDG SERVICEPERSON-L 2.63%4.13%1.13%3.00%10.90% EQUIP MAINT SERV PER 2.63%4.13%1.13%3.00%10.90% Buyer -1.6%1.53%3.03%0.03%3.00%7.60% BUYER 1.53%3.03%0.03%3.00%7.60% ASSOC BUYER 1.53%3.03%0.03%3.00%7.60% SR BUYER 1.53%3.03%0.03%3.00%7.60% SR BUYER - S 1.53%3.03%0.03%3.00%7.60% Chemist -1.7%1.57%3.07%0.07%3.00%7.70% CHEMIST 1.57%3.07%0.07%3.00%7.70% LAB TECH WQC 1.57%3.07%0.07%3.00%7.70% SR CHEMIST 1.57%3.07%0.07%3.00%7.70% Communications Technician 3.8%1.50%3.00%0.00%3.00%7.50% COMM TECH 1.50%3.00%0.00%3.00%7.50% Community Services Officer -6.8%3.27%4.77%1.77%3.00%12.80% COMMUNITY SERV OFFCR 3.27%4.77%1.77%3.00%12.80% COMMUNITY SERV OFFCR - L 3.27%4.77%1.77%3.00%12.80% COURT LIAISON OFFICE 3.27%4.77%1.77%3.00%12.80% CRIME ANALYST 3.27%4.77%1.77%3.00%12.80% PROPERTY EVID TECH 3.27%4.77%1.77%3.00%12.80% POL REC SPEC - L 3.27%4.77%1.77%3.00%12.80% POL REC SPEC I 3.27%4.77%1.77%3.00%12.80% POL REC SPEC II 3.27%4.77%1.77%3.00%12.80% PARKING OPERATIONS - L 3.27%4.77%1.77%3.00%12.80% 2 APPENDIX A-1 to MOA Between City of Palo Alto and SEIU Summary of Market Adjustments and Salary Increases Benchmark Title (Bold) Job Family Positions (not bold) Market Survey Results Base + Cash + Ins TOTAL City Proposed Market Adj. 1st PP Following Adoption TOTAL City proposed Salary & Market Adjustment 1PP including Dec. 1, 2016 FINAL TOTAL Market Adjustment 1PP follwing July 1st, 2017 TOTAL City proposed Salary 1PP including Dec. 1, 2017 CITY Proposed Total (over contract term) Coord, Recreation Programs -4.2%2.40%3.90%0.90%3.00%10.20% COORD REC PROG 2.40%3.90%0.90%3.00%10.20% COORD PW PROJ 2.40%3.90%0.90%3.00%10.20% COORD TRANS SYS MGMT 2.40%3.90%0.90%3.00%10.20% COORD TRANS SYS MGMT - S 2.40%3.90%0.90%3.00%10.20% COORD UTIL PROJ 2.40%3.90%0.90%3.00%10.20% COORD UTIL PROJ - S 2.40%3.90%0.90%3.00%10.20% COORD ZERO WASTE 2.40%3.90%0.90%3.00%10.20% JR MUSEUM & ZOO EDUCATOR 2.40%3.90%0.90%3.00%10.20% PROD ARTS/SCI PROG 2.40%3.90%0.90%3.00%10.20% PROG COORD 2.40%3.90%0.90%3.00%10.20% THEATER SPECIALIST 2.40%3.90%0.90%3.00%10.20% VOLUNTEER COORD 2.40%3.90%0.90%3.00%10.20% Customer Service Representative -1.3%1.50%3.00%0.00%3.00%7.50% CUST SVC REPRESENT 1.50%3.00%0.00%3.00%7.50% CUST SVC SPEC 1.50%3.00%0.00%3.00%7.50% CUST SVC SPEC - LEAD 1.50%3.00%0.00%3.00%7.50% UTIL ACCT REP UTL MARKETING PROGRAM ADMIN 1.50%3.00%0.00%3.00%7.50% UTIL KEY ACCT REP 1.50%3.00%0.00%3.00%7.50% ASSOC BUYER 1.50%3.00%0.00%3.00%7.50% Desktop Technician 2.1%1.50%3.00%0.00%3.00%7.50% DESKTOP TECHNICIAN 1.50%3.00%0.00%3.00%7.50% Electrician -4.8%2.60%4.10%1.10%3.00%10.80% ELECTRICIAN 2.60%4.10%1.10%3.00%10.80% ELECTRICIAN-APPREN 2.60%4.10%1.10%3.00%10.80% ELECTRICIAN-LEAD 2.60%4.10%1.10%3.00%10.80% FACILITIES ELECT 2.60%4.10%1.10%3.00%10.80% INSTRUM ELEC 2.60%4.10%1.10%3.00%10.80% SR INSTRUM ELEC 2.60%4.10%1.10%3.00%10.80% ELEC ASST I 2.60%4.10%1.10%3.00%10.80% Engineering Technician II -5.9%2.97%4.47%1.47%3.00%11.90% ENGR TECH II 2.97%4.47%1.47%3.00%11.90% ENGR TECH I 2.97%4.47%1.47%3.00%11.90% ENGR TECH III 2.97%4.47%1.47%3.00%11.90% LANDFILL TECHNICIAN 2.97%4.47%1.47%3.00%11.90% Environmental Specialist Ind Waste Investigator -5.8%2.93%4.43%1.43%3.00%11.80% IND WASTE INVTGTR 2.93%4.43%1.43%3.00%11.80% ENVIRONMENTAL SPEC 2.93%4.43%1.43%3.00%11.80% IND WASTE INSPEC 2.93%4.43%1.43%3.00%11.80% IND WASTE TECHNICIAN 2.93%4.43%1.43%3.00%11.80% SR INDUSTRIAL WASTE INVESTIGATOR 2.93%4.43%1.43%3.00%11.80% SR IND WASTE INSPECT 2.93%4.43%1.43%3.00%11.80% Equipment Operator -9.3%4.10%5.60%2.60%3.00%15.30% EQUIP OPERATOR 4.10%5.60%2.60%3.00%15.30% EQUIP OPERATOR-LEAD 4.10%5.60%2.60%3.00%15.30% HEAVY EQUIP OPER 4.10%5.60%2.60%3.00%15.30% HEAVY EQUIP OPER-L 4.10%5.60%2.60%3.00%15.30% STREET SWEEPER OP 4.10%5.60%2.60%3.00%15.30% 3 APPENDIX A-1 to MOA Between City of Palo Alto and SEIU Summary of Market Adjustments and Salary Increases Benchmark Title (Bold) Job Family Positions (not bold) Market Survey Results Base + Cash + Ins TOTAL City Proposed Market Adj. 1st PP Following Adoption TOTAL City proposed Salary & Market Adjustment 1PP including Dec. 1, 2016 FINAL TOTAL Market Adjustment 1PP follwing July 1st, 2017 TOTAL City proposed Salary 1PP including Dec. 1, 2017 CITY Proposed Total (over contract term) Facilities Maintenance Lead Facilities Technician -9.8%4.27%5.77%2.77%3.00%15.80% FACILITIES MECH 4.27%5.77%2.77%3.00%15.80% FACILITIES MAINT-L 4.27%5.77%2.77%3.00%17.13% CEMENT FINISHER 4.27%5.77%2.77%3.00%15.80% CEMENT FINISHER-LEAD 4.27%5.77%2.77%3.00%15.80% FACILITIES ASST 4.27%5.77%2.77%3.00%15.80% FACILITIES CARPENTER 4.27%5.77%2.77%3.00%15.80% FACILITIES PAINTER 4.27%5.77%2.77%3.00%15.80% Library Specialist -0.6%1.50%3.00%0.00%3.00%7.50% LIBRARY SPECIALIST 1.50%3.00%0.00%3.00%7.50% LIBRARY ASSOCIATE 1.50%3.00%0.00%3.00%7.50% Lineperson Cable/Splicer -6.1%3.03%4.53%1.53%3.00%12.10% ELECTRIC METERING TECHNICIAN 3.03%4.53%1.53%3.00%12.10% ELECTRIC METERING TECHNICIAN-L 3.03%4.53%1.53%3.00%12.10% LINEPER/CABLE SPL 3.03%4.53%1.53%3.00%12.10% LINEPER/CABLE SPL-L 3.03%4.53%1.53%3.00%12.10% LINEPER/CABLE SPL-T 3.03%4.53%1.53%3.00%12.10% LINEPER/CABLE SPL-TL 3.03%4.53%1.53%3.00%12.10% STREET LIGHT TRAFFIC SIGNAL FIBER TECHNICIAN 3.03%4.53%1.53%3.00%12.10% STREET LIGHT TRAFFIC SIGNAL FIBER TECHNICIAN-APPRENTICE 3.03%4.53%1.53%3.00%12.10% STREET LIGHT TRAFFIC SIGNAL FIBER TECHNICIAN-L 3.03%4.53%1.53%3.00%12.10% SUBSTATION ELECTRICIAN 3.03%4.53%1.53%3.00%12.10% SUBSTATION ELECTRICIAN - L 3.03%4.53%1.53%3.00%12.10% SUBSTATION ELECTRICIAN - APPRENTICE 3.03%4.53%1.53%3.00%12.10% LNPER/CBL SPL-APPREN 3.03%4.53%1.53%3.00%12.10% UTIL COMPLIANCE TECH 3.03%4.53%1.53%3.00%12.10% UTIL COMPLIANCE TECH - L 3.03%4.53%1.53%3.00%12.10% OVRH UNDERGR TROUBLEMN 3.03%4.53%1.53%3.00%12.10% **UTIL SYST OPER 13.03%4.53%1.53%3.00%22.10% Maintenance Mechanic Water Meter Repairer -6.3%3.10%4.60%1.60%3.00%12.30% WATER METER REPAIR 3.10%4.60%1.60%3.00%12.30% METER SHOP LEAD 3.10%4.60%1.60%3.00%12.30% WATER METER REP ASST 3.10%4.60%1.60%3.00%12.30% WTR MTR CRS CN TEC 3.10%4.60%1.60%3.00%12.30% Meter Reader -2.0%1.67%3.17%0.17%3.00%8.00% METER READER 1.67%3.17%0.17%3.00%8.00% METER READER-LEAD 1.67%3.17%0.17%3.00%8.00% Motorized Equipment Mechanic 4.0%1.50%3.00%0.00%3.00%7.50% MOTOR EQUIP MECH I 1.50%3.00%0.00%3.00%7.50% MOTOR EQUIP MECH II 1.50%3.00%0.00%3.00%7.50% MOTOR EQUIP MECH-L 1.50%3.00%0.00%3.00%7.50% MOBILE SERVICE TECH 1.50%3.00%0.00%3.00%7.50% Park Maintenance Person -2.4%1.80%3.30%0.30%3.00%8.40% PARK MAINT PERSON 1.80%3.30%0.30%3.00%8.40% PARK MAINT - L 1.80%3.30%0.30%3.00%8.40% PARKS / GOLFCREW-LEAD 1.80%3.30%0.30%3.00%8.40% SPRINKLER SYS REPR 1.80%3.30%0.30%3.00%8.40% 4 APPENDIX A-1 to MOA Between City of Palo Alto and SEIU Summary of Market Adjustments and Salary Increases Benchmark Title (Bold) Job Family Positions (not bold) Market Survey Results Base + Cash + Ins TOTAL City Proposed Market Adj. 1st PP Following Adoption TOTAL City proposed Salary & Market Adjustment 1PP including Dec. 1, 2016 FINAL TOTAL Market Adjustment 1PP follwing July 1st, 2017 TOTAL City proposed Salary 1PP including Dec. 1, 2017 CITY Proposed Total (over contract term) Park Ranger 1.50%3.00%0.00%3.00%7.50% PARK RANGER 1.50%3.00%0.00%3.00%7.50% SR RANGER 1.50%3.00%0.00%3.00%7.50% Planner -3.6%2.20%3.70%0.70%3.00%9.60% PLANNER 2.20%3.70%0.70%3.00%9.60% ASSOCIATE PLANNER 2.20%3.70%0.70%3.00%9.60% SR PLANNER 2.20%3.70%0.70%3.00%9.60% CDBG COORD 2.20%3.70%0.70%3.00%9.60% BLDG/PLG TECHNICIAN 2.20%3.70%0.70%3.00%9.60% Programmer Analyst -9.7%4.23%5.73%2.73%3.00%15.70% PROG ANALYST 4.23%5.73%2.73%3.00%15.70% BUSINESS ANALYST 4.23%5.73%2.73%3.00%15.70% BUSINESS ANALYST - S 4.23%5.73%2.73%3.00%15.70% SR PROG ANALYST 4.23%5.73%2.73%3.00%15.70% GIS SPECIALIST 4.23%5.73%2.73%3.00%15.70% SCADA TECHNOLOGIST 4.23%5.73%2.73%3.00%15.70% TECHNOLOGIST 4.23%5.73%2.73%3.00%15.70% TECHNOLOGIST - S 4.23%5.73%2.73%3.00%15.70% Public Safety Dispatcher II 4.3%11.50%3.00%0.00%3.00%17.50% **PUB SAFETY DISP II 11.50%3.00%0.00%3.00%17.50% **PUB SAFETY DISP I 11.50%3.00%0.00%3.00%17.50% **PUB SAFETY DISP - L 11.50%3.00%0.00%3.00%17.50% Resource Planner 1.50%3.00%0.00%3.00%7.50% RESOURCE PLANNER 1.50%3.00%0.00%3.00%7.50% ASSOCIATE RES PLANNER 1.50%3.00%0.00%3.00%7.50% ASST RES PLANNER 1.50%3.00%0.00%3.00%7.50% UTIL MKT ANALYST 1.50%3.00%0.00%3.00%7.50% UTIL MKT ANALYST -S 1.50%3.00%0.00%3.00%7.50% SR MKT ANALYST 1.50%3.00%0.00%3.00%7.50% SR MKT ANALYST-S 1.50%3.00%0.00%3.00%7.50% UTIL RATE ANALYST 1.50%3.00%0.00%3.00%7.50% Senior Librarian -3.2%2.07%3.57%0.57%3.00%9.20% LIBRARIAN 2.07%3.57%0.57%3.00%9.20% SR LIBRARIAN 2.07%3.57%0.57%3.00%9.20% COORD LIBRARY PROG 2.07%3.57%0.57%3.00%9.20% Storekeeper -0.5%1.50%3.00%0.00%3.00%7.50% STOREKEEPER 1.50%3.00%0.00%3.00%7.50% EQUIP PARTS TECH 1.50%3.00%0.00%3.00%7.50% FLEET SVCS COORD 1.50%3.00%0.00%3.00%7.50% SR FLEET SVCS COORD 1.50%3.00%0.00%3.00%7.50% STOREKEEPER-L 1.50%3.00%0.00%3.00%7.50% Street Maint Assistant -6.7%3.23%4.73%1.73%3.00%12.70% ST MAINT ASST 3.23%4.73%1.73%3.00%12.70% RESTORATION LEAD 3.23%4.73%1.73%3.00%12.70% TRAF CONT MAINT I 3.23%4.73%1.73%3.00%12.70% TRAF CONT MAINT II 3.23%4.73%1.73%3.00%12.70% TRAF CONT MAINT-L 3.23%4.73%1.73%3.00%12.70% 5 APPENDIX A-1 to MOA Between City of Palo Alto and SEIU Summary of Market Adjustments and Salary Increases Benchmark Title (Bold) Job Family Positions (not bold) Market Survey Results Base + Cash + Ins TOTAL City Proposed Market Adj. 1st PP Following Adoption TOTAL City proposed Salary & Market Adjustment 1PP including Dec. 1, 2016 FINAL TOTAL Market Adjustment 1PP follwing July 1st, 2017 TOTAL City proposed Salary 1PP including Dec. 1, 2017 CITY Proposed Total (over contract term) Tree Trimmer/Line Clearer -4.3%2.43%3.93%0.93%3.00%10.30% TREE TRIM/LN CLR 2.43%3.93%0.93%3.00%10.30% TREE MAINT ASST 2.43%3.93%0.93%3.00%10.30% TREE MAINT SPECIALIST 2.43%3.93%0.93%3.00%10.30% TREE TRIM/LN CLR-L 2.43%3.93%0.93%3.00%10.30% TREE TRM/LN CLR ASST 2.43%3.93%0.93%3.00%10.30% Utility Locator -9.7%4.23%5.73%2.73%3.00%15.70% UTIL LOCATOR 4.23%5.73%2.73%3.00%15.70% CATHODIC PROTECTION TECH ASST 4.23%5.73%2.73%3.00%15.70% CATHODIC TECH 4.23%5.73%2.73%3.00%15.70% SR UTIL FIELD SVC RE 4.23%5.73%2.73%3.00%15.70% UTIL INSTALL/REP 4.23%5.73%2.73%3.00%15.70% UTIL INSTALL/REP - WELD 4.23%5.73%2.73%3.00%15.70% UTIL INSTALL/REP - WELD - L 4.23%5.73%2.73%3.00%15.70% UTIL INSTALL/REP AST 4.23%5.73%2.73%3.00%15.70% UTIL INSTALL/REP-L 4.23%5.73%2.73%3.00%15.70% FIELD SVCPERS WGW 4.23%5.73%2.73%3.00%15.70% GAS SYSTEM TECH 4.23%5.73%2.73%3.00%15.70% GAS SYSTEM TECH II 4.23%5.73%2.73%3.00%15.70% UTIL FLD SVCS REP 4.23%5.73%2.73%3.00%15.70% MAINT. MECHANIC-WELDING 4.23%5.73%2.73%3.00%15.70% WQC Plant Operator II 1.2%6.50%3.00%0.00%3.00%12.50% **WQC PLT OPER II 6.50%3.00%0.00%3.00%12.50% **WQC PLT OPER I 6.50%3.00%0.00%3.00%12.50% **WQC PLT OPER TRN 6.50%3.00%0.00%3.00%12.50% **SR OPERATOR WQC 6.50%3.00%0.00%3.00%12.50% SR MECH 1.50%3.00%0.00%3.00%7.50% WATER SYSTEM OPER I 1.50%3.00%0.00%3.00%7.50% WATER SYSTEM OPER II 1.50%3.00%0.00%3.00%7.50% SR WATER SYS OPER 1.50%3.00%0.00%3.00%7.50% PLANT MECH 1.50%3.00%0.00%3.00%7.50% **Special adjustment to address recruitment/retention. 6 Appendix A-2 To MOA Between City of Palo Alto and SEIU FY16/FY17 Salary Schedule Rate Approx. Monthly Approx Annual Rate Approx. Monthly Approx. Annual Rate Approx. Monthly Approx. Annual Rate Approx. Monthly Approx. Annual 203 non-exempt Facilities Asst 1 $23.09 $24.44 $25.12 $25.87 2 $24.31 $25.73 $26.44 $27.23 3 $25.59 $27.08 $27.83 $28.66 4 $26.94 $28.50 $29.29 $30.17 5 $28.36 $4,915.73 $58,988.80 $30.00 $5,200.00 $62,400.00 $30.83 $5,343.87 $64,126.40 $31.76 $5,505.07 $66,060.80 204 non-exempt Acct Spec 1 $24.44 $25.18 $25.18 $25.94 2 $25.73 $26.51 $26.51 $27.31 3 $27.08 $27.90 $27.90 $28.75 4 $28.51 $29.37 $29.37 $30.26 5 $30.01 $5,201.73 $62,420.80 $30.92 $5,359.47 $64,313.60 $30.92 $5,359.47 $64,313.60 $31.85 $5,520.67 $66,248.00 205 non-exempt Court Liaison Officer 1 $33.95 $35.58 $36.20 $37.30 2 $35.74 $37.45 $38.11 $39.26 3 $37.62 $39.42 $40.12 $41.33 4 $39.60 $41.49 $42.23 $43.50 5 $41.68 $7,224.53 $86,694.40 $43.67 $7,569.47 $90,833.60 $44.45 $7,704.67 $92,456.00 $45.79 $7,936.93 $95,243.20 206 non-exempt Account Assistant 1 $20.92 $21.56 $21.56 $22.21 2 $22.02 $22.69 $22.69 $23.38 3 $23.18 $23.88 $23.88 $24.61 4 $24.40 $25.14 $25.14 $25.90 5 $25.68 $4,451.20 $53,414.40 $26.46 $4,586.40 $55,036.80 $26.46 $4,586.40 $55,036.80 $27.26 $4,725.07 $56,700.80 207 non-exempt Acct Spec-Lead 1 $26.15 $26.96 $26.96 $27.77 2 $27.53 $28.38 $28.38 $29.23 3 $28.98 $29.87 $29.87 $30.77 4 $30.51 $31.44 $31.44 $32.39 5 $32.12 $5,567.47 $66,809.60 $33.09 $5,735.60 $68,827.20 $33.09 $5,735.60 $68,827.20 $34.09 $5,908.93 $70,907.20 208 non-exempt CDBG Coordinator 1 $38.43 $39.85 $40.15 $41.34 2 $40.45 $41.95 $42.26 $43.52 3 $42.58 $44.16 $44.48 $45.81 4 $44.82 $46.48 $46.82 $48.22 5 $47.18 $8,177.87 $98,134.40 $48.93 $8,481.20 $101,774.40 $49.28 $8,541.87 $102,502.40 $50.76 $8,798.40 $105,580.80 209 non-exempt Property Evid Tech 1 $26.11 $27.35 $27.84 $28.68 2 $27.48 $28.79 $29.31 $30.19 3 $28.93 $30.31 $30.85 $31.78 4 $30.45 $31.90 $32.47 $33.45 5 $32.05 $5,555.33 $66,664.00 $33.58 $5,820.53 $69,846.40 $34.18 $5,924.53 $71,094.40 $35.21 $6,103.07 $73,236.80 211 non-exempt Equip Maint Serv Per 1 $22.62 $23.56 $23.83 $24.54 2 $23.81 $24.80 $25.08 $25.83 3 $25.06 $26.10 $26.40 $27.19 4 $26.38 $27.47 $27.79 $28.62 5 $27.77 $4,813.47 $57,761.60 $28.92 $5,012.80 $60,153.60 $29.25 $5,070.00 $60,840.00 $30.13 $5,222.53 $62,670.40 212 non-exempt Buyer 1 $34.49 $35.54 $35.56 $36.61 2 $36.30 $37.41 $37.43 $38.54 3 $38.21 $39.38 $39.40 $40.57 4 $40.22 $41.45 $41.47 $42.71 5 $42.34 $7,338.93 $88,067.20 $43.63 $7,562.53 $90,750.40 $43.65 $7,566.00 $90,792.00 $44.96 $7,793.07 $93,516.80 213 non-exempt Mailing Svcs Spec 1 $20.48 $21.12 $21.16 $21.78 2 $21.56 $22.23 $22.27 $22.93 3 $22.69 $23.40 $23.44 $24.14 4 $23.88 $24.63 $24.67 $25.41 5 $25.14 $4,357.60 $52,291.20 $25.93 $4,494.53 $53,934.40 $25.97 $4,501.47 $54,017.60 $26.75 $4,636.67 $55,640.00 Salary Effective 4/16/16 (PP09:2016)Salary Effective 12/10/2016 (PP26:2016)Salaray Effective 7/08/17 (PP15:2017)Salary Effective 12/09/17 (PP26:2017)Job Code FLSA Job Title Steps 1 Appendix A-2 To MOA Between City of Palo Alto and SEIU FY16/FY17 Salary Schedule Rate Approx. Monthly Approx Annual Rate Approx. Monthly Approx. Annual Rate Approx. Monthly Approx. Annual Rate Approx. Monthly Approx. Annual 214 non-exempt Crime Analyst 1 $33.95 $35.58 $36.20 $37.30 2 $35.74 $37.45 $38.11 $39.26 3 $37.62 $39.42 $40.12 $41.33 4 $39.60 $41.49 $42.23 $43.50 5 $41.68 $7,224.53 $86,694.40 $43.67 $7,569.47 $90,833.60 $44.45 $7,704.67 $92,456.00 $45.79 $7,936.93 $95,243.20 215 non-exempt Util Acct Rep 1 $38.15 $39.29 $39.29 $40.48 2 $40.16 $41.36 $41.36 $42.61 3 $42.27 $43.54 $43.54 $44.85 4 $44.49 $45.83 $45.83 $47.21 5 $46.83 $8,117.20 $97,406.40 $48.24 $8,361.60 $100,339.20 $48.24 $8,361.60 $100,339.20 $49.69 $8,612.93 $103,355.20 216 non-exempt Marketing Eng 1 $43.64 $45.17 $45.37 $46.74 2 $45.94 $47.55 $47.76 $49.20 3 $48.36 $50.05 $50.27 $51.79 4 $50.91 $52.68 $52.92 $54.52 5 $53.59 $9,288.93 $111,467.20 $55.45 $9,611.33 $115,336.00 $55.71 $9,656.40 $115,876.80 $57.39 $9,947.60 $119,371.20 217 non-exempt Cust Svc Spec 1 $28.56 $29.41 $29.41 $30.31 2 $30.06 $30.96 $30.96 $31.90 3 $31.64 $32.59 $32.59 $33.58 4 $33.31 $34.31 $34.31 $35.35 5 $35.06 $6,077.07 $72,924.80 $36.12 $6,260.80 $75,129.60 $36.12 $6,260.80 $75,129.60 $37.21 $6,449.73 $77,396.80 218 non-exempt Cust Svc Represent 1 $25.98 $26.76 $26.76 $27.56 2 $27.35 $28.17 $28.17 $29.01 3 $28.79 $29.65 $29.65 $30.54 4 $30.30 $31.21 $31.21 $32.15 5 $31.89 $5,527.60 $66,331.20 $32.85 $5,694.00 $68,328.00 $32.85 $5,694.00 $68,328.00 $33.84 $5,865.60 $70,387.20 219 non-exempt Util Credit/Col Spec 1 $31.47 $32.40 $32.40 $33.38 2 $33.13 $34.11 $34.11 $35.14 3 $34.87 $35.91 $35.91 $36.99 4 $36.70 $37.80 $37.80 $38.94 5 $38.63 $6,695.87 $80,350.40 $39.79 $6,896.93 $82,763.20 $39.79 $6,896.93 $82,763.20 $40.99 $7,104.93 $85,259.20 223 non-exempt Util Acctg Tech 1 $26.41 $27.20 $27.20 $28.03 2 $27.80 $28.63 $28.63 $29.51 3 $29.26 $30.14 $30.14 $31.06 4 $30.80 $31.73 $31.73 $32.69 5 $32.42 $5,619.47 $67,433.60 $33.40 $5,789.33 $69,472.00 $33.40 $5,789.33 $69,472.00 $34.41 $5,964.40 $71,572.80 224 non-exempt Sr Chemist 1 $39.02 $40.20 $40.23 $41.45 2 $41.07 $42.32 $42.35 $43.63 3 $43.23 $44.55 $44.58 $45.93 4 $45.50 $46.89 $46.93 $48.35 5 $47.89 $8,300.93 $99,611.20 $49.36 $8,555.73 $102,668.80 $49.40 $8,562.67 $102,752.00 $50.89 $8,820.93 $105,851.20 226 non-exempt Wtr Mtr Crs Cn Tec 1 $27.34 $28.60 $29.07 $29.93 2 $28.78 $30.10 $30.60 $31.51 3 $30.29 $31.68 $32.21 $33.17 4 $31.88 $33.35 $33.90 $34.92 5 $33.56 $5,817.07 $69,804.80 $35.11 $6,085.73 $73,028.80 $35.68 $6,184.53 $74,214.40 $36.76 $6,371.73 $76,460.80 227 non-exempt Inspector, Field Svc 1 $34.47 $36.05 $36.61 $37.72 2 $36.28 $37.95 $38.54 $39.70 3 $38.19 $39.95 $40.57 $41.79 4 $40.20 $42.05 $42.71 $43.99 5 $42.32 $7,335.47 $88,025.60 $44.26 $7,671.73 $92,060.80 $44.96 $7,793.07 $93,516.80 $46.31 $8,027.07 $96,324.80 Job Code FLSA Job Title Steps Salary Effective 4/16/16 (PP09:2016)Salary Effective 12/10/2016 (PP26:2016)Salaray Effective 7/08/17 (PP15:2017)Salary Effective 12/09/17 (PP26:2017) 2 Appendix A-2 To MOA Between City of Palo Alto and SEIU FY16/FY17 Salary Schedule Rate Approx. Monthly Approx Annual Rate Approx. Monthly Approx. Annual Rate Approx. Monthly Approx. Annual Rate Approx. Monthly Approx. Annual 229 non-exempt Theater Specialist 1 $34.65 $36.01 $36.33 $37.42 2 $36.47 $37.90 $38.24 $39.39 3 $38.39 $39.89 $40.25 $41.46 4 $40.41 $41.99 $42.37 $43.64 5 $42.54 $7,373.60 $88,483.20 $44.20 $7,661.33 $91,936.00 $44.60 $7,730.67 $92,768.00 $45.94 $7,962.93 $95,555.20 230 non-exempt Offset Equip Op 1 $23.22 $23.94 $23.98 $24.70 2 $24.44 $25.20 $25.24 $26.00 3 $25.73 $26.53 $26.57 $27.37 4 $27.08 $27.93 $27.97 $28.81 5 $28.50 $4,940.00 $59,280.00 $29.40 $5,096.00 $61,152.00 $29.44 $5,102.93 $61,235.20 $30.33 $5,257.20 $63,086.40 232 non-exempt Prog-Analyst 1 $39.44 $41.71 $42.85 $44.14 2 $41.52 $43.91 $45.11 $46.46 3 $43.71 $46.22 $47.48 $48.91 4 $46.01 $48.65 $49.98 $51.48 5 $48.43 $8,394.53 $100,734.40 $51.21 $8,876.40 $106,516.80 $52.61 $9,119.07 $109,428.80 $54.19 $9,392.93 $112,715.20 233 non-exempt Util Rate Analyst 1 $36.77 $37.88 $37.88 $39.02 2 $38.71 $39.87 $39.87 $41.07 3 $40.75 $41.97 $41.97 $43.23 4 $42.89 $44.18 $44.18 $45.51 5 $45.15 $7,826.00 $93,912.00 $46.51 $8,061.73 $96,740.80 $46.51 $8,061.73 $96,740.80 $47.91 $8,304.40 $99,652.80 239 non-exempt Chf Inspec WGW 1 $38.18 $39.94 $40.56 $41.79 2 $40.19 $42.04 $42.69 $43.99 3 $42.31 $44.25 $44.94 $46.30 4 $44.54 $46.58 $47.31 $48.74 5 $46.88 $8,125.87 $97,510.40 $49.03 $8,498.53 $101,982.40 $49.80 $8,632.00 $103,584.00 $51.30 $8,892.00 $106,704.00 240 non-exempt Meter Reader-Lead 1 $26.01 $26.84 $26.89 $27.71 2 $27.38 $28.25 $28.31 $29.17 3 $28.82 $29.74 $29.80 $30.70 4 $30.34 $31.31 $31.37 $32.32 5 $31.94 $5,536.27 $66,435.20 $32.96 $5,713.07 $68,556.80 $33.02 $5,723.47 $68,681.60 $34.02 $5,896.80 $70,761.60 241 non-exempt Meter Reader 1 $24.31 $25.09 $25.14 $25.90 2 $25.59 $26.41 $26.46 $27.26 3 $26.94 $27.80 $27.85 $28.69 4 $28.36 $29.26 $29.32 $30.20 5 $29.85 $5,174.00 $62,088.00 $30.80 $5,338.67 $64,064.00 $30.86 $5,349.07 $64,188.80 $31.79 $5,510.27 $66,123.20 242 non-exempt Coord Zero Waste 1 $33.39 $34.70 $35.02 $36.07 2 $35.15 $36.53 $36.86 $37.97 3 $37.00 $38.45 $38.80 $39.97 4 $38.95 $40.47 $40.84 $42.07 5 $41.00 $7,106.67 $85,280.00 $42.60 $7,384.00 $88,608.00 $42.99 $7,451.60 $89,419.20 $44.28 $7,675.20 $92,102.40 244 non-exempt Assoc Buyer 1 $31.32 $32.28 $32.30 $33.27 2 $32.97 $33.98 $34.00 $35.02 3 $34.71 $35.77 $35.79 $36.86 4 $36.54 $37.65 $37.67 $38.80 5 $38.46 $6,666.40 $79,996.80 $39.63 $6,869.20 $82,430.40 $39.65 $6,872.67 $82,472.00 $40.84 $7,078.93 $84,947.20 Job Code FLSA Job Title Steps Salary Effective 4/16/16 (PP09:2016)Salary Effective 12/10/2016 (PP26:2016)Salaray Effective 7/08/17 (PP15:2017)Salary Effective 12/09/17 (PP26:2017) 3 Appendix A-2 To MOA Between City of Palo Alto and SEIU FY16/FY17 Salary Schedule Rate Approx. Monthly Approx Annual Rate Approx. Monthly Approx. Annual Rate Approx. Monthly Approx. Annual Rate Approx. Monthly Approx. Annual 246 non-exempt Power Engr 1 $46.60 $48.22 $48.45 $49.91 2 $49.05 $50.76 $51.00 $52.54 3 $51.63 $53.43 $53.68 $55.30 4 $54.35 $56.24 $56.51 $58.21 5 $57.21 $9,916.40 $118,996.80 $59.20 $10,261.33 $123,136.00 $59.48 $10,309.87 $123,718.40 $61.27 $10,620.13 $127,441.60 247 non-exempt Assoc Power Engr 1 $41.25 $42.69 $42.89 $44.18 2 $43.42 $44.94 $45.15 $46.50 3 $45.71 $47.30 $47.53 $48.95 4 $48.12 $49.79 $50.03 $51.53 5 $50.65 $8,779.33 $105,352.00 $52.41 $9,084.40 $109,012.80 $52.66 $9,127.73 $109,532.80 $54.24 $9,401.60 $112,819.20 248 non-exempt Storekeeper 1 $25.45 $26.21 $26.21 $27.00 2 $26.79 $27.59 $27.59 $28.42 3 $28.20 $29.04 $29.04 $29.92 4 $29.68 $30.57 $30.57 $31.49 5 $31.24 $5,414.93 $64,979.20 $32.18 $5,577.87 $66,934.40 $32.18 $5,577.87 $66,934.40 $33.15 $5,746.00 $68,952.00 250 non-exempt Equip Parts Tech 1 $24.31 $25.04 $25.04 $25.81 2 $25.59 $26.36 $26.36 $27.17 3 $26.94 $27.75 $27.75 $28.60 4 $28.36 $29.21 $29.21 $30.10 5 $29.85 $5,174.00 $62,088.00 $30.75 $5,330.00 $63,960.00 $30.75 $5,330.00 $63,960.00 $31.68 $5,491.20 $65,894.40 251 non-exempt Sr Librarian 1 $30.48 $31.57 $31.75 $32.70 2 $32.08 $33.23 $33.42 $34.42 3 $33.77 $34.98 $35.18 $36.23 4 $35.55 $36.82 $37.03 $38.14 5 $37.42 $6,486.13 $77,833.60 $38.76 $6,718.40 $80,620.80 $38.98 $6,756.53 $81,078.40 $40.15 $6,959.33 $83,512.00 252 non-exempt Library Associate 1 $24.52 $25.27 $25.27 $26.03 2 $25.81 $26.60 $26.60 $27.40 3 $27.17 $28.00 $28.00 $28.84 4 $28.60 $29.47 $29.47 $30.36 5 $30.11 $5,219.07 $62,628.80 $31.02 $5,376.80 $64,521.60 $31.02 $5,376.80 $64,521.60 $31.96 $5,539.73 $66,476.80 253 non-exempt Library Specialist 1 $23.20 $23.90 $23.90 $24.62 2 $24.42 $25.16 $25.16 $25.92 3 $25.71 $26.48 $26.48 $27.28 4 $27.06 $27.87 $27.87 $28.72 5 $28.48 $4,936.53 $59,238.40 $29.34 $5,085.60 $61,027.20 $29.34 $5,085.60 $61,027.20 $30.23 $5,239.87 $62,878.40 254 non-exempt Librarian 1 $26.84 $27.80 $27.96 $28.79 2 $28.25 $29.26 $29.43 $30.31 3 $29.74 $30.80 $30.98 $31.91 4 $31.30 $32.42 $32.61 $33.59 5 $32.95 $5,711.33 $68,536.00 $34.13 $5,915.87 $70,990.40 $34.33 $5,950.53 $71,406.40 $35.36 $6,129.07 $73,548.80 255 non-exempt Coord Library Prog 1 $33.24 $34.43 $34.62 $35.66 2 $34.99 $36.24 $36.44 $37.54 3 $36.83 $38.15 $38.36 $39.52 4 $38.77 $40.16 $40.38 $41.60 5 $40.81 $7,073.73 $84,884.80 $42.27 $7,326.80 $87,921.60 $42.51 $7,368.40 $88,420.80 $43.79 $7,590.27 $91,083.20 256 non-exempt Asst Power Engr 1 $37.25 $38.54 $38.72 $39.89 2 $39.21 $40.57 $40.76 $41.99 3 $41.27 $42.70 $42.91 $44.20 4 $43.44 $44.95 $45.17 $46.53 5 $45.73 $7,926.53 $95,118.40 $47.32 $8,202.13 $98,425.60 $47.55 $8,242.00 $98,904.00 $48.98 $8,489.87 $101,878.40 Salaray Effective 7/08/17 (PP15:2017)Salary Effective 12/09/17 (PP26:2017)Job Code FLSA Job Title Steps Salary Effective 4/16/16 (PP09:2016)Salary Effective 12/10/2016 (PP26:2016) 4 Appendix A-2 To MOA Between City of Palo Alto and SEIU FY16/FY17 Salary Schedule Rate Approx. Monthly Approx Annual Rate Approx. Monthly Approx. Annual Rate Approx. Monthly Approx. Annual Rate Approx. Monthly Approx. Annual 257 non-exempt Environmental Spec 1 $37.67 $39.35 $39.92 $41.13 2 $39.65 $41.42 $42.02 $43.29 3 $41.74 $43.60 $44.23 $45.57 4 $43.94 $45.89 $46.56 $47.97 5 $46.25 $8,016.67 $96,200.00 $48.31 $8,373.73 $100,484.80 $49.01 $8,495.07 $101,940.80 $50.49 $8,751.60 $105,019.20 258 non-exempt Ind Waste Invtgtr 1 $35.58 $37.15 $37.69 $38.83 2 $37.45 $39.10 $39.67 $40.87 3 $39.42 $41.16 $41.76 $43.02 4 $41.49 $43.33 $43.96 $45.28 5 $43.67 $7,569.47 $90,833.60 $45.61 $7,905.73 $94,868.80 $46.27 $8,020.13 $96,241.60 $47.66 $8,261.07 $99,132.80 260 non-exempt Desktop Technician 1 $31.13 $32.06 $32.06 $33.03 2 $32.77 $33.75 $33.75 $34.77 3 $34.49 $35.53 $35.53 $36.60 4 $36.31 $37.40 $37.40 $38.53 5 $38.22 $6,624.80 $79,497.60 $39.37 $6,824.13 $81,889.60 $39.37 $6,824.13 $81,889.60 $40.56 $7,030.40 $84,364.80 261 non-exempt Sr Util Field Svc Rep 1 $36.49 $38.58 $39.64 $40.84 2 $38.41 $40.61 $41.73 $42.99 3 $40.43 $42.75 $43.93 $45.25 4 $42.56 $45.00 $46.24 $47.63 5 $44.80 $7,765.33 $93,184.00 $47.37 $8,210.80 $98,529.60 $48.67 $8,436.13 $101,233.60 $50.14 $8,690.93 $104,291.20 262 non-exempt Resource Planner 1 $47.19 $48.61 $48.61 $50.07 2 $49.67 $51.17 $51.17 $52.71 3 $52.28 $53.86 $53.86 $55.48 4 $55.03 $56.69 $56.69 $58.40 5 $57.93 $10,041.20 $120,494.40 $59.67 $10,342.80 $124,113.60 $59.67 $10,342.80 $124,113.60 $61.47 $10,654.80 $127,857.60 263 non-exempt Animal Services Spec 1 $24.32 $25.13 $25.20 $25.97 2 $25.60 $26.45 $26.53 $27.34 3 $26.95 $27.84 $27.93 $28.78 4 $28.37 $29.31 $29.40 $30.29 5 $29.86 $5,175.73 $62,108.80 $30.85 $5,347.33 $64,168.00 $30.95 $5,364.67 $64,376.00 $31.88 $5,525.87 $66,310.40 265 non-exempt Program Assistant 1 $25.00 $25.79 $25.82 $26.62 2 $26.32 $27.15 $27.18 $28.02 3 $27.70 $28.58 $28.61 $29.49 4 $29.16 $30.08 $30.12 $31.04 5 $30.69 $5,319.60 $63,835.20 $31.66 $5,487.73 $65,852.80 $31.71 $5,496.40 $65,956.80 $32.67 $5,662.80 $67,953.60 267 non-exempt Elec Undgd Inspec 1 $33.84 $35.39 $35.94 $37.03 2 $35.62 $37.25 $37.83 $38.98 3 $37.49 $39.21 $39.82 $41.03 4 $39.46 $41.27 $41.92 $43.19 5 $41.54 $7,200.27 $86,403.20 $43.44 $7,529.60 $90,355.20 $44.13 $7,649.20 $91,790.40 $45.46 $7,879.73 $94,556.80 268 non-exempt Asst Res Planner 1 $35.91 $36.98 $36.98 $38.10 2 $37.80 $38.93 $38.93 $40.11 3 $39.79 $40.98 $40.98 $42.22 4 $41.88 $43.14 $43.14 $44.44 5 $44.08 $7,640.53 $91,686.40 $45.41 $7,871.07 $94,452.80 $45.41 $7,871.07 $94,452.80 $46.78 $8,108.53 $97,302.40 269 non-exempt Assoc Res Planner 1 $39.78 $40.97 $40.97 $42.20 2 $41.87 $43.13 $43.13 $44.42 3 $44.07 $45.40 $45.40 $46.76 4 $46.39 $47.79 $47.79 $49.22 5 $48.83 $8,463.87 $101,566.40 $50.30 $8,718.67 $104,624.00 $50.30 $8,718.67 $104,624.00 $51.81 $8,980.40 $107,764.80 Job Code FLSA Job Title Steps Salary Effective 4/16/16 (PP09:2016)Salary Effective 12/10/2016 (PP26:2016)Salaray Effective 7/08/17 (PP15:2017)Salary Effective 12/09/17 (PP26:2017) 5 Appendix A-2 To MOA Between City of Palo Alto and SEIU FY16/FY17 Salary Schedule Rate Approx. Monthly Approx Annual Rate Approx. Monthly Approx. Annual Rate Approx. Monthly Approx. Annual Rate Approx. Monthly Approx. Annual 270 non-exempt Prod Arts/Sci Prog 1 $32.39 $33.66 $33.97 $34.99 2 $34.09 $35.43 $35.76 $36.83 3 $35.88 $37.29 $37.64 $38.77 4 $37.77 $39.25 $39.62 $40.81 5 $39.76 $6,891.73 $82,700.80 $41.32 $7,162.13 $85,945.60 $41.70 $7,228.00 $86,736.00 $42.96 $7,446.40 $89,356.80 271 non-exempt Util Locator 1 $31.32 $33.13 $34.03 $35.06 2 $32.97 $34.87 $35.82 $36.91 3 $34.70 $36.70 $37.71 $38.85 4 $36.53 $38.63 $39.69 $40.89 5 $38.45 $6,664.67 $79,976.00 $40.66 $7,047.73 $84,572.80 $41.78 $7,241.87 $86,902.40 $43.04 $7,460.27 $89,523.20 272 non-exempt Util Comp Tech 1 $41.31 $43.19 $43.85 $45.18 2 $43.48 $45.46 $46.16 $47.56 3 $45.77 $47.85 $48.59 $50.06 4 $48.18 $50.37 $51.15 $52.69 5 $50.72 $8,791.47 $105,497.60 $53.02 $9,190.13 $110,281.60 $53.84 $9,332.27 $111,987.20 $55.46 $9,613.07 $115,356.80 273 non-exempt Util Comp Tech-L 1 $44.19 $46.20 $46.90 $48.31 2 $46.52 $48.63 $49.37 $50.85 3 $48.97 $51.19 $51.97 $53.53 4 $51.55 $53.88 $54.71 $56.35 5 $54.26 $9,405.07 $112,860.80 $56.72 $9,831.47 $117,977.60 $57.59 $9,982.27 $119,787.20 $59.32 $10,282.13 $123,385.60 274 non-exempt Volunteer Coord 1 $29.41 $30.55 $30.83 $31.76 2 $30.96 $32.16 $32.45 $33.43 3 $32.59 $33.85 $34.16 $35.19 4 $34.30 $35.63 $35.96 $37.04 5 $36.10 $6,257.33 $75,088.00 $37.51 $6,501.73 $78,020.80 $37.85 $6,560.67 $78,728.00 $38.99 $6,758.27 $81,099.20 275 non-exempt Animal Services Spec II 1 $26.82 $27.71 $27.80 $28.63 2 $28.23 $29.17 $29.26 $30.14 3 $29.72 $30.70 $30.80 $31.73 4 $31.28 $32.32 $32.42 $33.40 5 $32.93 $5,707.87 $68,494.40 $34.02 $5,896.80 $70,761.60 $34.13 $5,915.87 $70,990.40 $35.16 $6,094.40 $73,132.80 276 non-exempt Animal Control Off 1 $24.66 $25.48 $25.56 $26.32 2 $25.96 $26.82 $26.90 $27.71 3 $27.33 $28.23 $28.32 $29.17 4 $28.77 $29.72 $29.81 $30.71 5 $30.28 $5,248.53 $62,982.40 $31.28 $5,421.87 $65,062.40 $31.38 $5,439.20 $65,270.40 $32.33 $5,603.87 $67,246.40 277 non-exempt Animal Attendant 1 $23.02 $23.78 $23.86 $24.58 2 $24.23 $25.03 $25.12 $25.87 3 $25.51 $26.35 $26.44 $27.23 4 $26.85 $27.74 $27.83 $28.66 5 $28.26 $4,898.40 $58,780.80 $29.20 $5,061.33 $60,736.00 $29.29 $5,076.93 $60,923.20 $30.17 $5,229.47 $62,753.60 278 non-exempt Veterinarian Tech 1 $25.18 $26.03 $26.12 $26.90 2 $26.51 $27.40 $27.49 $28.32 3 $27.91 $28.84 $28.94 $29.81 4 $29.38 $30.36 $30.46 $31.38 5 $30.93 $5,361.20 $64,334.40 $31.96 $5,539.73 $66,476.80 $32.06 $5,557.07 $66,684.80 $33.03 $5,725.20 $68,702.40 280 non-exempt Sr Ranger 1 $31.85 $32.81 $32.81 $33.80 2 $33.53 $34.54 $34.54 $35.58 3 $35.29 $36.36 $36.36 $37.45 4 $37.15 $38.27 $38.27 $39.42 5 $39.10 $6,777.33 $81,328.00 $40.28 $6,981.87 $83,782.40 $40.28 $6,981.87 $83,782.40 $41.49 $7,191.60 $86,299.20 Salaray Effective 7/08/17 (PP15:2017)Salary Effective 12/09/17 (PP26:2017)Job Code FLSA Job Title Steps Salary Effective 4/16/16 (PP09:2016)Salary Effective 12/10/2016 (PP26:2016) 6 Appendix A-2 To MOA Between City of Palo Alto and SEIU FY16/FY17 Salary Schedule Rate Approx. Monthly Approx Annual Rate Approx. Monthly Approx. Annual Rate Approx. Monthly Approx. Annual Rate Approx. Monthly Approx. Annual 281 non-exempt Park Ranger 1 $28.79 $29.66 $29.66 $30.55 2 $30.30 $31.22 $31.22 $32.16 3 $31.89 $32.86 $32.86 $33.85 4 $33.57 $34.59 $34.59 $35.63 5 $35.34 $6,125.60 $73,507.20 $36.41 $6,311.07 $75,732.80 $36.41 $6,311.07 $75,732.80 $37.51 $6,501.73 $78,020.80 284 non-exempt Utilities Engineer Estimator Lead 1 $43.90 $45.41 $45.64 $47.02 2 $46.21 $47.80 $48.04 $49.49 3 $48.64 $50.32 $50.57 $52.09 4 $51.20 $52.97 $53.23 $54.83 5 $53.89 $9,340.93 $112,091.20 $55.76 $9,665.07 $115,980.80 $56.03 $9,711.87 $116,542.40 $57.72 $10,004.80 $120,057.60 286 non-exempt Motor Equipment Mechanic I 1 $30.36 $31.27 $31.27 $32.21 2 $31.96 $32.92 $32.92 $33.91 3 $33.64 $34.65 $34.65 $35.69 4 $35.41 $36.47 $36.47 $37.57 5 $37.27 $6,460.13 $77,521.60 $38.39 $6,654.27 $79,851.20 $38.39 $6,654.27 $79,851.20 $39.55 $6,855.33 $82,264.00 287 non-exempt Motor Equipment Mechanic II 1 $32.78 $33.76 $33.76 $34.78 2 $34.50 $35.54 $35.54 $36.61 3 $36.32 $37.41 $37.41 $38.54 4 $38.23 $39.38 $39.38 $40.57 5 $40.24 $6,974.93 $83,699.20 $41.45 $7,184.67 $86,216.00 $41.45 $7,184.67 $86,216.00 $42.70 $7,401.33 $88,816.00 288 non-exempt Storekeeper-L 1 $27.23 $28.05 $28.05 $28.90 2 $28.66 $29.53 $29.53 $30.42 3 $30.17 $31.08 $31.08 $32.02 4 $31.76 $32.72 $32.72 $33.71 5 $33.43 $5,794.53 $69,534.40 $34.44 $5,969.60 $71,635.20 $34.44 $5,969.60 $71,635.20 $35.48 $6,149.87 $73,798.40 289 non-exempt Utl Install Repair-Welding Cert 1 $34.58 $36.58 $37.57 $38.70 2 $36.40 $38.50 $39.55 $40.74 3 $38.32 $40.53 $41.63 $42.88 4 $40.34 $42.66 $43.82 $45.14 5 $42.46 $7,359.73 $88,316.80 $44.90 $7,782.67 $93,392.00 $46.13 $7,995.87 $95,950.40 $47.52 $8,236.80 $98,841.60 290 non-exempt Utl Install Repair Lead-Welding Cert 1 $37.15 $39.29 $40.37 $41.59 2 $39.11 $41.36 $42.49 $43.78 3 $41.17 $43.54 $44.73 $46.08 4 $43.34 $45.83 $47.08 $48.50 5 $45.62 $7,907.47 $94,889.60 $48.24 $8,361.60 $100,339.20 $49.56 $8,590.40 $103,084.80 $51.05 $8,848.67 $106,184.00 291 non-exempt Maintenance Mechanic-Welding 1 $33.53 $35.46 $36.44 $37.54 2 $35.29 $37.33 $38.36 $39.52 3 $37.15 $39.29 $40.38 $41.60 4 $39.11 $41.36 $42.50 $43.79 5 $41.17 $7,136.13 $85,633.60 $43.54 $7,546.93 $90,563.20 $44.74 $7,754.93 $93,059.20 $46.09 $7,988.93 $95,867.20 292 non-exempt Electric Underground Inspector - Lead 1 $36.20 $37.84 $38.44 $39.60 2 $38.10 $39.83 $40.46 $41.68 3 $40.10 $41.93 $42.59 $43.87 4 $42.21 $44.14 $44.83 $46.18 5 $44.43 $7,701.20 $92,414.40 $46.46 $8,053.07 $96,636.80 $47.19 $8,179.60 $98,155.20 $48.61 $8,425.73 $101,108.80 293 non-exempt Junior Museum & Zoo Educator 1 $26.71 $27.76 $28.02 $28.86 2 $28.12 $29.22 $29.49 $30.38 3 $29.60 $30.76 $31.04 $31.98 4 $31.16 $32.38 $32.67 $33.66 5 $32.80 $5,685.33 $68,224.00 $34.08 $5,907.20 $70,886.40 $34.39 $5,960.93 $71,531.20 $35.43 $6,141.20 $73,694.40 Job Code FLSA Job Title Steps Salary Effective 4/16/16 (PP09:2016)Salary Effective 12/10/2016 (PP26:2016)Salaray Effective 7/08/17 (PP15:2017)Salary Effective 12/09/17 (PP26:2017) 7 Appendix A-2 To MOA Between City of Palo Alto and SEIU FY16/FY17 Salary Schedule Rate Approx. Monthly Approx Annual Rate Approx. Monthly Approx. Annual Rate Approx. Monthly Approx. Annual Rate Approx. Monthly Approx. Annual 294 non-exempt Administrative Associate I 1 $24.05 $24.81 $24.84 $25.60 2 $25.32 $26.12 $26.15 $26.95 3 $26.65 $27.49 $27.53 $28.37 4 $28.05 $28.94 $28.98 $29.86 5 $29.53 $5,118.53 $61,422.40 $30.46 $5,279.73 $63,356.80 $30.51 $5,288.40 $63,460.80 $31.43 $5,447.87 $65,374.40 295 non-exempt Administrative Associate II 1 $26.14 $26.97 $27.00 $27.82 2 $27.52 $28.39 $28.42 $29.28 3 $28.97 $29.88 $29.92 $30.82 4 $30.49 $31.45 $31.49 $32.44 5 $32.09 $5,562.27 $66,747.20 $33.10 $5,737.33 $68,848.00 $33.15 $5,746.00 $68,952.00 $34.15 $5,919.33 $71,032.00 296 non-exempt Administrative Associate III 1 $28.03 $28.90 $28.94 $29.81 2 $29.50 $30.42 $30.46 $31.38 3 $31.05 $32.02 $32.06 $33.03 4 $32.68 $33.71 $33.75 $34.77 5 $34.40 $5,962.67 $71,552.00 $35.48 $6,149.87 $73,798.40 $35.53 $6,158.53 $73,902.40 $36.60 $6,344.00 $76,128.00 298 non-exempt Public Safety Dispatcher I 1 $34.30 $35.33 $35.33 $36.40 2 $36.10 $37.19 $37.19 $38.32 3 $38.00 $39.15 $39.15 $40.34 4 $40.00 $41.21 $41.21 $42.46 5 $42.11 $7,299.07 $87,588.80 $43.38 $7,519.20 $90,230.40 $43.38 $7,519.20 $90,230.40 $44.69 $7,746.27 $92,955.20 6 $43.17 $44.47 $44.47 $45.81 7 $44.25 $45.58 $45.58 $46.95 299 non-exempt Bldg Inspector 1 $35.69 $37.33 $37.91 $39.05 2 $37.57 $39.29 $39.91 $41.11 3 $39.55 $41.36 $42.01 $43.27 4 $41.63 $43.54 $44.22 $45.55 5 $43.82 $7,595.47 $91,145.60 $45.83 $7,943.87 $95,326.40 $46.55 $8,068.67 $96,824.00 $47.95 $8,311.33 $99,736.00 300 non-exempt Bldg Inspector Spec 1 $38.10 $39.84 $40.48 $41.70 2 $40.11 $41.94 $42.61 $43.89 3 $42.22 $44.15 $44.85 $46.20 4 $44.44 $46.47 $47.21 $48.63 5 $46.78 $8,108.53 $97,302.40 $48.92 $8,479.47 $101,753.60 $49.69 $8,612.93 $103,355.20 $51.19 $8,872.93 $106,475.20 301 non-exempt Code Enforcement Off 1 $34.29 $35.85 $36.41 $37.52 2 $36.09 $37.74 $38.33 $39.49 3 $37.99 $39.73 $40.35 $41.57 4 $39.99 $41.82 $42.47 $43.76 5 $42.09 $7,295.60 $87,547.20 $44.02 $7,630.13 $91,561.60 $44.71 $7,749.73 $92,996.80 $46.06 $7,983.73 $95,804.80 302 non-exempt Program Assistant I 1 $26.51 $27.35 $27.40 $28.22 2 $27.91 $28.79 $28.84 $29.71 3 $29.38 $30.31 $30.36 $31.27 4 $30.93 $31.91 $31.96 $32.92 5 $32.56 $5,643.73 $67,724.80 $33.59 $5,822.27 $69,867.20 $33.64 $5,830.93 $69,971.20 $34.65 $6,006.00 $72,072.00 303 non-exempt Program Assistant II 1 $28.51 $29.41 $29.44 $30.33 2 $30.01 $30.96 $30.99 $31.93 3 $31.59 $32.59 $32.62 $33.61 4 $33.25 $34.30 $34.34 $35.38 5 $35.00 $6,066.67 $72,800.00 $36.10 $6,257.33 $75,088.00 $36.15 $6,266.00 $75,192.00 $37.24 $6,454.93 $77,459.20 Job Code FLSA Job Title Steps Salary Effective 4/16/16 (PP09:2016)Salary Effective 12/10/2016 (PP26:2016)Salaray Effective 7/08/17 (PP15:2017)Salary Effective 12/09/17 (PP26:2017) 8 Appendix A-2 To MOA Between City of Palo Alto and SEIU FY16/FY17 Salary Schedule Rate Approx. Monthly Approx Annual Rate Approx. Monthly Approx. Annual Rate Approx. Monthly Approx. Annual Rate Approx. Monthly Approx. Annual 304 non-exempt Plans Check Engr 1 $42.38 $43.85 $44.07 $45.39 2 $44.61 $46.16 $46.39 $47.78 3 $46.96 $48.59 $48.83 $50.29 4 $49.43 $51.15 $51.40 $52.94 5 $52.03 $9,018.53 $108,222.40 $53.84 $9,332.27 $111,987.20 $54.10 $9,377.33 $112,528.00 $55.73 $9,659.87 $115,918.40 306 non-exempt Comm Tech 1 $35.92 $36.99 $36.99 $38.11 2 $37.81 $38.94 $38.94 $40.12 3 $39.80 $40.99 $40.99 $42.23 4 $41.89 $43.15 $43.15 $44.45 5 $44.09 $7,642.27 $91,707.20 $45.42 $7,872.80 $94,473.60 $45.42 $7,872.80 $94,473.60 $46.79 $8,110.27 $97,323.20 307 non-exempt Util Syst Oper 1 $47.94 $50.11 $50.89 $52.42 2 $50.46 $52.75 $53.57 $55.18 3 $53.12 $55.53 $56.39 $58.08 4 $55.92 $58.45 $59.36 $61.14 5 $58.86 $10,202.40 $122,428.80 $61.53 $10,665.20 $127,982.40 $62.48 $10,829.87 $129,958.40 $64.36 $11,155.73 $133,868.80 308 non-exempt Instrum Elec 1 $34.16 $35.57 $35.96 $37.05 2 $35.96 $37.44 $37.85 $39.00 3 $37.85 $39.41 $39.84 $41.05 4 $39.84 $41.48 $41.94 $43.21 5 $41.94 $7,269.60 $87,235.20 $43.66 $7,567.73 $90,812.80 $44.15 $7,652.67 $91,832.00 $45.48 $7,883.20 $94,598.40 310 non-exempt Util Engr Estimator 1 $41.03 $42.45 $42.66 $43.95 2 $43.19 $44.68 $44.90 $46.26 3 $45.46 $47.03 $47.26 $48.69 4 $47.85 $49.51 $49.75 $51.25 5 $50.37 $8,730.80 $104,769.60 $52.12 $9,034.13 $108,409.60 $52.37 $9,077.47 $108,929.60 $53.95 $9,351.33 $112,216.00 311 non-exempt Eng Tech I 1 $26.50 $27.69 $28.09 $28.94 2 $27.89 $29.15 $29.57 $30.46 3 $29.36 $30.68 $31.13 $32.06 4 $30.90 $32.29 $32.77 $33.75 5 $32.53 $5,638.53 $67,662.40 $33.99 $5,891.60 $70,699.20 $34.49 $5,978.27 $71,739.20 $35.53 $6,158.53 $73,902.40 312 non-exempt Animal Control Off - L 1 $26.39 $27.27 $27.35 $28.18 2 $27.78 $28.70 $28.79 $29.66 3 $29.24 $30.21 $30.31 $31.22 4 $30.78 $31.80 $31.90 $32.86 5 $32.40 $5,616.00 $67,392.00 $33.47 $5,801.47 $69,617.60 $33.58 $5,820.53 $69,846.40 $34.59 $5,995.60 $71,947.20 313 non-exempt Police Records Specialist I 1 $23.98 $25.13 $25.57 $26.34 2 $25.24 $26.45 $26.92 $27.73 3 $26.57 $27.84 $28.34 $29.19 4 $27.97 $29.31 $29.83 $30.73 5 $29.44 $5,102.93 $61,235.20 $30.85 $5,347.33 $64,168.00 $31.40 $5,442.67 $65,312.00 $32.35 $5,607.33 $67,288.00 314 non-exempt Police Records Specialist II 1 $25.23 $26.45 $26.91 $27.72 2 $26.56 $27.84 $28.33 $29.18 3 $27.96 $29.30 $29.82 $30.72 4 $29.43 $30.84 $31.39 $32.34 5 $30.98 $5,369.87 $64,438.40 $32.46 $5,626.40 $67,516.80 $33.04 $5,726.93 $68,723.20 $34.04 $5,900.27 $70,803.20 Salaray Effective 7/08/17 (PP15:2017)Salary Effective 12/09/17 (PP26:2017)Job Code FLSA Job Title Steps Salary Effective 4/16/16 (PP09:2016)Salary Effective 12/10/2016 (PP26:2016) 9 Appendix A-2 To MOA Between City of Palo Alto and SEIU FY16/FY17 Salary Schedule Rate Approx. Monthly Approx Annual Rate Approx. Monthly Approx. Annual Rate Approx. Monthly Approx. Annual Rate Approx. Monthly Approx. Annual 315 non-exempt Public Safety Dispatcher - Lead 1 $40.54 $41.76 $41.76 $43.02 2 $42.67 $43.96 $43.96 $45.28 3 $44.92 $46.27 $46.27 $47.66 4 $47.28 $48.71 $48.71 $50.17 5 $49.77 $8,626.80 $103,521.60 $51.27 $8,886.80 $106,641.60 $51.27 $8,886.80 $106,641.60 $52.81 $9,153.73 $109,844.80 6 $51.02 $52.56 $52.56 $54.14 7 $52.29 $53.86 $53.86 $55.48 316 non-exempt Public Safety Dispatcher II 1 $36.11 $37.21 $37.21 $38.33 2 $38.01 $39.17 $39.17 $40.35 3 $40.01 $41.23 $41.23 $42.47 4 $42.12 $43.40 $43.40 $44.71 5 $44.34 $7,685.60 $92,227.20 $45.68 $7,917.87 $95,014.40 $45.68 $7,917.87 $95,014.40 $47.06 $8,157.07 $97,884.80 6 $45.44 $46.81 $46.81 $48.22 7 $46.58 $47.98 $47.98 $49.42 317 non-exempt Coord Rec Prog 1 $29.88 $31.04 $31.32 $32.27 2 $31.45 $32.67 $32.97 $33.97 3 $33.10 $34.39 $34.71 $35.76 4 $34.84 $36.20 $36.54 $37.64 5 $36.67 $6,356.13 $76,273.60 $38.11 $6,605.73 $79,268.80 $38.46 $6,666.40 $79,996.80 $39.62 $6,867.47 $82,409.60 318 non-exempt Sr Planner 1 $44.39 $46.05 $46.37 $47.76 2 $46.73 $48.47 $48.81 $50.27 3 $49.19 $51.02 $51.38 $52.92 4 $51.78 $53.70 $54.08 $55.71 5 $54.51 $9,448.40 $113,380.80 $56.53 $9,798.53 $117,582.40 $56.93 $9,867.87 $118,414.40 $58.64 $10,164.27 $121,971.20 319 non-exempt Engr Tech III 1 $32.02 $33.45 $33.94 $34.96 2 $33.70 $35.21 $35.73 $36.80 3 $35.47 $37.06 $37.61 $38.74 4 $37.34 $39.01 $39.59 $40.78 5 $39.30 $6,812.00 $81,744.00 $41.06 $7,117.07 $85,404.80 $41.67 $7,222.80 $86,673.60 $42.93 $7,441.20 $89,294.40 320 non-exempt Community Service Officer - Lead 1 $27.89 $29.24 $29.75 $30.65 2 $29.36 $30.78 $31.32 $32.26 3 $30.91 $32.40 $32.97 $33.96 4 $32.54 $34.10 $34.70 $35.75 5 $34.25 $5,936.67 $71,240.00 $35.89 $6,220.93 $74,651.20 $36.53 $6,331.87 $75,982.40 $37.63 $6,522.53 $78,270.40 321 non-exempt Police Records Specialist - Lead 1 $27.00 $28.29 $28.79 $29.68 2 $28.42 $29.78 $30.31 $31.24 3 $29.92 $31.35 $31.91 $32.88 4 $31.49 $33.00 $33.59 $34.61 5 $33.15 $5,746.00 $68,952.00 $34.74 $6,021.60 $72,259.20 $35.36 $6,129.07 $73,548.80 $36.43 $6,314.53 $75,774.40 323 non-exempt Engr Tech II 1 $28.67 $29.95 $30.40 $31.31 2 $30.18 $31.53 $32.00 $32.96 3 $31.77 $33.19 $33.68 $34.69 4 $33.44 $34.94 $35.45 $36.52 5 $35.20 $6,101.33 $73,216.00 $36.78 $6,375.20 $76,502.40 $37.32 $6,468.80 $77,625.60 $38.44 $6,662.93 $79,955.20 325 non-exempt Surveyor, Public Wks 1 $34.89 $36.48 $37.07 $38.18 2 $36.73 $38.40 $39.02 $40.19 3 $38.66 $40.42 $41.07 $42.30 4 $40.69 $42.55 $43.23 $44.53 5 $42.83 $7,423.87 $89,086.40 $44.79 $7,763.60 $93,163.20 $45.50 $7,886.67 $94,640.00 $46.87 $8,124.13 $97,489.60 Salaray Effective 7/08/17 (PP15:2017)Salary Effective 12/09/17 (PP26:2017)Job Code FLSA Job Title Steps Salary Effective 4/16/16 (PP09:2016)Salary Effective 12/10/2016 (PP26:2016) 10 Appendix A-2 To MOA Between City of Palo Alto and SEIU FY16/FY17 Salary Schedule Rate Approx. Monthly Approx Annual Rate Approx. Monthly Approx. Annual Rate Approx. Monthly Approx. Annual Rate Approx. Monthly Approx. Annual 326 non-exempt Surveying Asst 1 $32.06 $33.53 $34.06 $35.09 2 $33.75 $35.29 $35.85 $36.94 3 $35.53 $37.15 $37.74 $38.88 4 $37.40 $39.11 $39.73 $40.93 5 $39.37 $6,824.13 $81,889.60 $41.17 $7,136.13 $85,633.60 $41.82 $7,248.80 $86,985.60 $43.08 $7,467.20 $89,606.40 330 non-exempt Asst Engineer 1 $35.10 $36.32 $36.49 $37.59 2 $36.95 $38.23 $38.41 $39.57 3 $38.89 $40.24 $40.43 $41.65 4 $40.94 $42.36 $42.56 $43.84 5 $43.09 $7,468.93 $89,627.20 $44.59 $7,728.93 $92,747.20 $44.80 $7,765.33 $93,184.00 $46.15 $7,999.33 $95,992.00 332 non-exempt Engineer 1 $43.64 $45.17 $45.37 $46.74 2 $45.94 $47.55 $47.76 $49.20 3 $48.36 $50.05 $50.27 $51.79 4 $50.91 $52.68 $52.92 $54.52 5 $53.59 $9,288.93 $111,467.20 $55.45 $9,611.33 $115,336.00 $55.71 $9,656.40 $115,876.80 $57.39 $9,947.60 $119,371.20 333 non-exempt Assoc Engineer 1 $38.75 $40.10 $40.29 $41.50 2 $40.79 $42.21 $42.41 $43.68 3 $42.94 $44.43 $44.64 $45.98 4 $45.20 $46.77 $46.99 $48.40 5 $47.58 $8,247.20 $98,966.40 $49.23 $8,533.20 $102,398.40 $49.46 $8,573.07 $102,876.80 $50.95 $8,831.33 $105,976.00 340 non-exempt Business Analyst 1 $48.82 $51.62 $53.04 $54.63 2 $51.39 $54.34 $55.83 $57.51 3 $54.09 $57.20 $58.77 $60.54 4 $56.94 $60.21 $61.86 $63.73 5 $59.94 $10,389.60 $124,675.20 $63.38 $10,985.87 $131,830.40 $65.12 $11,287.47 $135,449.60 $67.08 $11,627.20 $139,526.40 341 non-exempt Coor Trans Sys Mgmt 1 $36.60 $38.04 $38.38 $39.54 2 $38.53 $40.04 $40.40 $41.62 3 $40.56 $42.15 $42.53 $43.81 4 $42.69 $44.37 $44.77 $46.12 5 $44.94 $7,789.60 $93,475.20 $46.70 $8,094.67 $97,136.00 $47.13 $8,169.20 $98,030.40 $48.55 $8,415.33 $100,984.00 342 non-exempt Coord Pub Wks Proj 1 $34.78 $36.14 $36.46 $37.56 2 $36.61 $38.04 $38.38 $39.54 3 $38.54 $40.04 $40.40 $41.62 4 $40.57 $42.15 $42.53 $43.81 5 $42.70 $7,401.33 $88,816.00 $44.37 $7,690.80 $92,289.60 $44.77 $7,760.13 $93,121.60 $46.12 $7,994.13 $95,929.60 344 non-exempt Coord Utility Proj 1 $37.55 $39.02 $39.38 $40.57 2 $39.53 $41.07 $41.45 $42.70 3 $41.61 $43.23 $43.63 $44.95 4 $43.80 $45.51 $45.93 $47.32 5 $46.11 $7,992.40 $95,908.80 $47.91 $8,304.40 $99,652.80 $48.35 $8,380.67 $100,568.00 $49.81 $8,633.73 $103,604.80 345 non-exempt Electric Project Engineer 1 $49.43 $51.15 $51.39 $52.93 2 $52.03 $53.84 $54.09 $55.72 3 $54.77 $56.67 $56.94 $58.65 4 $57.65 $59.65 $59.94 $61.74 5 $60.68 $10,517.87 $126,214.40 $62.79 $10,883.60 $130,603.20 $63.09 $10,935.60 $131,227.20 $64.99 $11,264.93 $135,179.20 346 non-exempt Management Assistant 1 $30.44 $31.40 $31.45 $32.40 2 $32.04 $33.05 $33.11 $34.10 3 $33.73 $34.79 $34.85 $35.89 4 $35.50 $36.62 $36.68 $37.78 5 $37.37 $6,477.47 $77,729.60 $38.55 $6,682.00 $80,184.00 $38.61 $6,692.40 $80,308.80 $39.77 $6,893.47 $82,721.60 Job Code FLSA Job Title Steps Salary Effective 4/16/16 (PP09:2016)Salary Effective 12/10/2016 (PP26:2016)Salaray Effective 7/08/17 (PP15:2017)Salary Effective 12/09/17 (PP26:2017) 11 Appendix A-2 To MOA Between City of Palo Alto and SEIU FY16/FY17 Salary Schedule Rate Approx. Monthly Approx Annual Rate Approx. Monthly Approx. Annual Rate Approx. Monthly Approx. Annual Rate Approx. Monthly Approx. Annual 347 non-exempt Planning Arborist 1 $41.76 $43.66 $44.35 $45.70 2 $43.96 $45.96 $46.68 $48.10 3 $46.27 $48.38 $49.14 $50.63 4 $48.70 $50.93 $51.73 $53.29 5 $51.26 $8,885.07 $106,620.80 $53.61 $9,292.40 $111,508.80 $54.45 $9,438.00 $113,256.00 $56.09 $9,722.27 $116,667.20 348 non-exempt Payroll Analyst 1 $29.15 $30.03 $30.03 $30.93 2 $30.68 $31.61 $31.61 $32.56 3 $32.29 $33.27 $33.27 $34.27 4 $33.99 $35.02 $35.02 $36.07 5 $35.78 $6,201.87 $74,422.40 $36.86 $6,389.07 $76,668.80 $36.86 $6,389.07 $76,668.80 $37.97 $6,581.47 $78,977.60 349 non-exempt Project Engineer 1 $46.99 $48.62 $48.83 $50.30 2 $49.46 $51.18 $51.40 $52.95 3 $52.06 $53.87 $54.11 $55.74 4 $54.80 $56.70 $56.96 $58.67 5 $57.68 $9,997.87 $119,974.40 $59.68 $10,344.53 $124,134.40 $59.96 $10,393.07 $124,716.80 $61.76 $10,705.07 $128,460.80 352 non-exempt Planner 1 $38.43 $39.85 $40.15 $41.34 2 $40.45 $41.95 $42.26 $43.52 3 $42.58 $44.16 $44.48 $45.81 4 $44.82 $46.48 $46.82 $48.22 5 $47.18 $8,177.87 $98,134.40 $48.93 $8,481.20 $101,774.40 $49.28 $8,541.87 $102,502.40 $50.76 $8,798.40 $105,580.80 353 non-exempt Assoc Planner 1 $35.94 $37.28 $37.55 $38.68 2 $37.83 $39.24 $39.53 $40.72 3 $39.82 $41.31 $41.61 $42.86 4 $41.92 $43.48 $43.80 $45.12 5 $44.13 $7,649.20 $91,790.40 $45.77 $7,933.47 $95,201.60 $46.10 $7,990.67 $95,888.00 $47.49 $8,231.60 $98,779.20 355 non-exempt Bldg/Plg Technician 1 $29.16 $30.24 $30.45 $31.37 2 $30.69 $31.83 $32.05 $33.02 3 $32.31 $33.51 $33.74 $34.76 4 $34.01 $35.27 $35.52 $36.59 5 $35.80 $6,205.33 $74,464.00 $37.13 $6,435.87 $77,230.40 $37.39 $6,480.93 $77,771.20 $38.52 $6,676.80 $80,121.60 360 non-exempt Sr Buyer 1 $34.87 $35.93 $35.93 $37.02 2 $36.70 $37.82 $37.82 $38.97 3 $38.63 $39.81 $39.81 $41.02 4 $40.66 $41.90 $41.91 $43.18 5 $42.80 $7,418.67 $89,024.00 $44.10 $7,644.00 $91,728.00 $44.12 $7,647.47 $91,769.60 $45.45 $7,878.00 $94,536.00 361 non-exempt Sr Mkt Analyst 1 $43.30 $44.60 $44.60 $45.94 2 $45.58 $46.95 $46.95 $48.36 3 $47.98 $49.42 $49.42 $50.91 4 $50.50 $52.02 $52.02 $53.59 5 $53.16 $9,214.40 $110,572.80 $54.76 $9,491.73 $113,900.80 $54.76 $9,491.73 $113,900.80 $56.41 $9,777.73 $117,332.80 362 non-exempt Technologist 1 $48.82 $51.62 $53.04 $54.63 2 $51.39 $54.34 $55.83 $57.51 3 $54.09 $57.20 $58.77 $60.54 4 $56.94 $60.21 $61.86 $63.73 5 $59.94 $10,389.60 $124,675.20 $63.38 $10,985.87 $131,830.40 $65.12 $11,287.47 $135,449.60 $67.08 $11,627.20 $139,526.40 363 non-exempt Util Key Acct Rep 1 $40.16 $41.35 $41.35 $42.61 2 $42.27 $43.53 $43.53 $44.85 3 $44.49 $45.82 $45.82 $47.21 4 $46.83 $48.23 $48.23 $49.69 5 $49.29 $8,543.60 $102,523.20 $50.77 $8,800.13 $105,601.60 $50.77 $8,800.13 $105,601.60 $52.30 $9,065.33 $108,784.00 Salaray Effective 7/08/17 (PP15:2017)Salary Effective 12/09/17 (PP26:2017)Job Code FLSA Job Title Steps Salary Effective 4/16/16 (PP09:2016)Salary Effective 12/10/2016 (PP26:2016) 12 Appendix A-2 To MOA Between City of Palo Alto and SEIU FY16/FY17 Salary Schedule Rate Approx. Monthly Approx Annual Rate Approx. Monthly Approx. Annual Rate Approx. Monthly Approx. Annual Rate Approx. Monthly Approx. Annual 365 non-exempt Industrial Waste Technician 1 $28.58 $29.85 $30.27 $31.19 2 $30.08 $31.42 $31.86 $32.83 3 $31.66 $33.07 $33.54 $34.56 4 $33.33 $34.81 $35.31 $36.38 5 $35.08 $6,080.53 $72,966.40 $36.64 $6,350.93 $76,211.20 $37.17 $6,442.80 $77,313.60 $38.29 $6,636.93 $79,643.20 366 non-exempt Restoration Lead 1 $33.39 $34.98 $35.60 $36.67 2 $35.15 $36.82 $37.47 $38.60 3 $37.00 $38.76 $39.44 $40.63 4 $38.95 $40.80 $41.52 $42.77 5 $41.00 $7,106.67 $85,280.00 $42.95 $7,444.67 $89,336.00 $43.70 $7,574.67 $90,896.00 $45.02 $7,803.47 $93,641.60 368 non-exempt Program Coordinator 1 $27.96 $29.06 $29.33 $30.21 2 $29.43 $30.59 $30.87 $31.80 3 $30.98 $32.20 $32.49 $33.47 4 $32.61 $33.89 $34.20 $35.23 5 $34.33 $5,950.53 $71,406.40 $35.67 $6,182.80 $74,193.60 $36.00 $6,240.00 $74,880.00 $37.08 $6,427.20 $77,126.40 369 non-exempt Meter Shop Lead 1 $29.29 $30.64 $31.14 $32.07 2 $30.83 $32.25 $32.78 $33.76 3 $32.45 $33.95 $34.50 $35.54 4 $34.16 $35.74 $36.32 $37.41 5 $35.96 $6,233.07 $74,796.80 $37.62 $6,520.80 $78,249.60 $38.23 $6,626.53 $79,518.40 $39.38 $6,825.87 $81,910.40 370 non-exempt Bldg Serviceperson 1 $21.10 $21.98 $22.24 $22.90 2 $22.21 $23.14 $23.41 $24.10 3 $23.38 $24.36 $24.64 $25.37 4 $24.61 $25.64 $25.94 $26.71 5 $25.91 $4,491.07 $53,892.80 $26.99 $4,678.27 $56,139.20 $27.30 $4,732.00 $56,784.00 $28.12 $4,874.13 $58,489.60 371 non-exempt Bldg Serviceperson-L 1 $22.59 $23.54 $23.80 $24.52 2 $23.78 $24.78 $25.05 $25.81 3 $25.03 $26.08 $26.37 $27.17 4 $26.35 $27.45 $27.76 $28.60 5 $27.74 $4,808.27 $57,699.20 $28.89 $5,007.60 $60,091.20 $29.22 $5,064.80 $60,777.60 $30.10 $5,217.33 $62,608.00 373 non-exempt Facilities Maint-L 1 $38.90 $41.68 $42.84 $44.13 2 $40.95 $43.87 $45.09 $46.45 3 $43.11 $46.18 $47.46 $48.89 4 $45.38 $48.61 $49.96 $51.46 5 $47.77 $8,280.13 $99,361.60 $51.17 $8,869.47 $106,433.60 $52.59 $9,115.60 $109,387.20 $54.17 $9,389.47 $112,673.60 374 non-exempt Facilities Carpenter 1 $30.11 $31.85 $32.75 $33.73 2 $31.69 $33.53 $34.47 $35.50 3 $33.36 $35.29 $36.28 $37.37 4 $35.12 $37.15 $38.19 $39.34 5 $36.97 $6,408.13 $76,897.60 $39.11 $6,779.07 $81,348.80 $40.20 $6,968.00 $83,616.00 $41.41 $7,177.73 $86,132.80 375 non-exempt Facilities Elect 1 $30.02 $31.26 $31.61 $32.56 2 $31.60 $32.90 $33.27 $34.27 3 $33.26 $34.63 $35.02 $36.07 4 $35.01 $36.45 $36.86 $37.97 5 $36.85 $6,387.33 $76,648.00 $38.37 $6,650.80 $79,809.60 $38.80 $6,725.33 $80,704.00 $39.97 $6,928.13 $83,137.60 376 non-exempt Facilities Tech 1 $30.11 $31.85 $32.75 $33.73 2 $31.69 $33.53 $34.47 $35.50 3 $33.36 $35.29 $36.28 $37.37 4 $35.12 $37.15 $38.19 $39.34 5 $36.97 $6,408.13 $76,897.60 $39.11 $6,779.07 $81,348.80 $40.20 $6,968.00 $83,616.00 $41.41 $7,177.73 $86,132.80 Job Code FLSA Job Title Steps Salary Effective 4/16/16 (PP09:2016)Salary Effective 12/10/2016 (PP26:2016)Salaray Effective 7/08/17 (PP15:2017)Salary Effective 12/09/17 (PP26:2017) 13 Appendix A-2 To MOA Between City of Palo Alto and SEIU FY16/FY17 Salary Schedule Rate Approx. Monthly Approx Annual Rate Approx. Monthly Approx. Annual Rate Approx. Monthly Approx. Annual Rate Approx. Monthly Approx. Annual 377 non-exempt Facilities Painter 1 $30.11 $31.85 $32.75 $33.73 2 $31.69 $33.53 $34.47 $35.50 3 $33.36 $35.29 $36.28 $37.37 4 $35.12 $37.15 $38.19 $39.34 5 $36.97 $6,408.13 $76,897.60 $39.11 $6,779.07 $81,348.80 $40.20 $6,968.00 $83,616.00 $41.41 $7,177.73 $86,132.80 381 non-exempt Motor Equip Mech-L 1 $35.06 $36.11 $36.11 $37.21 2 $36.91 $38.01 $38.01 $39.17 3 $38.85 $40.01 $40.01 $41.23 4 $40.89 $42.12 $42.12 $43.40 5 $43.04 $7,460.27 $89,523.20 $44.34 $7,685.60 $92,227.20 $44.34 $7,685.60 $92,227.20 $45.68 $7,917.87 $95,014.40 383 non-exempt Fleet Svcs Coord 1 $28.97 $29.84 $29.84 $30.73 2 $30.49 $31.41 $31.41 $32.35 3 $32.09 $33.06 $33.06 $34.05 4 $33.78 $34.80 $34.80 $35.84 5 $35.56 $6,163.73 $73,964.80 $36.63 $6,349.20 $76,190.40 $36.63 $6,349.20 $76,190.40 $37.73 $6,539.87 $78,478.40 384 non-exempt Mobile Service Tech 1 $34.41 $35.44 $35.44 $36.52 2 $36.22 $37.31 $37.31 $38.44 3 $38.13 $39.27 $39.27 $40.46 4 $40.14 $41.34 $41.34 $42.59 5 $42.25 $7,323.33 $87,880.00 $43.52 $7,543.47 $90,521.60 $43.52 $7,543.47 $90,521.60 $44.83 $7,770.53 $93,246.40 385 non-exempt Senior Fleet Services Coordinator 1 $33.27 $34.27 $34.27 $35.29 2 $35.02 $36.07 $36.07 $37.15 3 $36.86 $37.97 $37.97 $39.11 4 $38.80 $39.97 $39.97 $41.17 5 $40.84 $7,078.93 $84,947.20 $42.07 $7,292.13 $87,505.60 $42.07 $7,292.13 $87,505.60 $43.34 $7,512.27 $90,147.20 390 non-exempt Heavy Equip Oper 1 $31.49 $33.26 $34.13 $35.15 2 $33.15 $35.01 $35.93 $37.00 3 $34.89 $36.85 $37.82 $38.95 4 $36.73 $38.79 $39.81 $41.00 5 $38.66 $6,701.07 $80,412.80 $40.83 $7,077.20 $84,926.40 $41.90 $7,262.67 $87,152.00 $43.16 $7,481.07 $89,772.80 391 non-exempt Heavy Equip Oper-L 1 $33.68 $35.58 $36.50 $37.60 2 $35.45 $37.45 $38.42 $39.58 3 $37.32 $39.42 $40.44 $41.66 4 $39.28 $41.49 $42.57 $43.85 5 $41.35 $7,167.33 $86,008.00 $43.67 $7,569.47 $90,833.60 $44.81 $7,767.07 $93,204.80 $46.16 $8,001.07 $96,012.80 392 non-exempt St Sweeper Op 1 $27.76 $29.32 $30.08 $30.98 2 $29.22 $30.86 $31.66 $32.61 3 $30.76 $32.48 $33.33 $34.33 4 $32.38 $34.19 $35.08 $36.14 5 $34.08 $5,907.20 $70,886.40 $35.99 $6,238.27 $74,859.20 $36.93 $6,401.20 $76,814.40 $38.04 $6,593.60 $79,123.20 396 non-exempt Equip Operator 1 $27.81 $29.37 $30.13 $31.04 2 $29.27 $30.92 $31.72 $32.67 3 $30.81 $32.55 $33.39 $34.39 4 $32.43 $34.26 $35.15 $36.20 5 $34.14 $5,917.60 $71,011.20 $36.06 $6,250.40 $75,004.80 $37.00 $6,413.33 $76,960.00 $38.11 $6,605.73 $79,268.80 397 non-exempt Equip Operator - Lead 1 $29.75 $31.43 $32.24 $33.21 2 $31.32 $33.08 $33.94 $34.96 3 $32.97 $34.82 $35.73 $36.80 4 $34.70 $36.65 $37.61 $38.74 5 $36.53 $6,331.87 $75,982.40 $38.58 $6,687.20 $80,246.40 $39.59 $6,862.27 $82,347.20 $40.78 $7,068.53 $84,822.40 Salaray Effective 7/08/2017 (PP15:2016)Salary Effective 12/09/17 (PP26:2016)Job Code FLSA Job Title Steps Salary Effective 4/16/2016 (PP09:2016)Salary Effective 12/10/2016 (PP26:2016) 14 Appendix A-2 To MOA Between City of Palo Alto and SEIU FY16/FY17 Salary Schedule Rate Approx. Monthly Approx Annual Rate Approx. Monthly Approx. Annual Rate Approx. Monthly Approx. Annual Rate Approx. Monthly Approx. Annual 398 non-exempt Geographic Inform Syst Specialist 1 $40.98 $43.34 $44.53 $45.88 2 $43.14 $45.62 $46.87 $48.29 3 $45.41 $48.02 $49.34 $50.83 4 $47.80 $50.55 $51.94 $53.50 5 $50.32 $8,722.13 $104,665.60 $53.21 $9,223.07 $110,676.80 $54.67 $9,476.13 $113,713.60 $56.32 $9,762.13 $117,145.60 399 non-exempt Emergency Med Svs Data Specialist 1 $28.03 $28.90 $28.94 $29.81 2 $29.50 $30.42 $30.46 $31.38 3 $31.05 $32.02 $32.06 $33.03 4 $32.68 $33.71 $33.75 $34.77 5 $34.40 $5,962.67 $71,552.00 $35.48 $6,149.87 $73,798.40 $35.53 $6,158.53 $73,902.40 $36.60 $6,344.00 $76,128.00 405 non-exempt St Maint Asst 1 $23.72 $24.84 $25.28 $26.04 2 $24.97 $26.15 $26.61 $27.41 3 $26.28 $27.53 $28.01 $28.85 4 $27.66 $28.98 $29.48 $30.37 5 $29.12 $5,047.47 $60,569.60 $30.50 $5,286.67 $63,440.00 $31.03 $5,378.53 $64,542.40 $31.97 $5,541.47 $66,497.60 406 non-exempt Traf Cont Maint I 1 $27.76 $29.08 $29.58 $30.47 2 $29.22 $30.61 $31.14 $32.07 3 $30.76 $32.22 $32.78 $33.76 4 $32.38 $33.92 $34.50 $35.54 5 $34.08 $5,907.20 $70,886.40 $35.70 $6,188.00 $74,256.00 $36.32 $6,295.47 $75,545.60 $37.41 $6,484.40 $77,812.80 407 non-exempt Traf Cont Maint-L 1 $29.70 $31.11 $31.65 $32.60 2 $31.26 $32.75 $33.32 $34.32 3 $32.91 $34.47 $35.07 $36.13 4 $34.64 $36.28 $36.92 $38.03 5 $36.46 $6,319.73 $75,836.80 $38.19 $6,619.60 $79,435.20 $38.86 $6,735.73 $80,828.80 $40.03 $6,938.53 $83,262.40 408 non-exempt Cement Finisher 1 $30.11 $31.85 $32.75 $33.73 2 $31.69 $33.53 $34.47 $35.50 3 $33.36 $35.29 $36.28 $37.37 4 $35.12 $37.15 $38.19 $39.34 5 $36.97 $6,408.13 $76,897.60 $39.11 $6,779.07 $81,348.80 $40.20 $6,968.00 $83,616.00 $41.41 $7,177.73 $86,132.80 409 non-exempt Cement Finisher Lead 1 $32.21 $34.08 $35.03 $36.08 2 $33.91 $35.87 $36.87 $37.98 3 $35.69 $37.76 $38.81 $39.98 4 $37.57 $39.75 $40.85 $42.08 5 $39.55 $6,855.33 $82,264.00 $41.84 $7,252.27 $87,027.20 $43.00 $7,453.33 $89,440.00 $44.29 $7,676.93 $92,123.20 412 non-exempt Traf Cont Maint Ii 1 $25.70 $26.92 $27.39 $28.22 2 $27.05 $28.34 $28.83 $29.70 3 $28.47 $29.83 $30.35 $31.26 4 $29.97 $31.40 $31.95 $32.91 5 $31.55 $5,468.67 $65,624.00 $33.05 $5,728.67 $68,744.00 $33.63 $5,829.20 $69,950.40 $34.64 $6,004.27 $72,051.20 413 non-exempt Landfill Technician 1 $34.91 $36.47 $37.01 $38.13 2 $36.75 $38.39 $38.96 $40.14 3 $38.68 $40.41 $41.01 $42.25 4 $40.72 $42.54 $43.17 $44.47 5 $42.86 $7,429.07 $89,148.80 $44.78 $7,761.87 $93,142.40 $45.44 $7,876.27 $94,515.20 $46.81 $8,113.73 $97,364.80 415 non-exempt Cust Srv Specialist-L 1 $30.55 $31.47 $31.47 $32.40 2 $32.16 $33.13 $33.13 $34.11 3 $33.85 $34.87 $34.87 $35.91 4 $35.63 $36.70 $36.70 $37.80 5 $37.50 $6,500.00 $78,000.00 $38.63 $6,695.87 $80,350.40 $38.63 $6,695.87 $80,350.40 $39.79 $6,896.93 $82,763.20 Job Code FLSA Job Title Steps Salary Effective 4/16/16 (PP09:2016)Salary Effective 12/10/2016 (PP26:2016)Salaray Effective 7/08/17 (PP15:2017)Salary Effective 12/09/17 (PP26:2017) 15 Appendix A-2 To MOA Between City of Palo Alto and SEIU FY16/FY17 Salary Schedule Rate Approx. Monthly Approx Annual Rate Approx. Monthly Approx. Annual Rate Approx. Monthly Approx. Annual Rate Approx. Monthly Approx. Annual 430 non-exempt Tree Trim/Ln Clr 1 $28.48 $29.60 $29.89 $30.78 2 $29.98 $31.16 $31.46 $32.40 3 $31.56 $32.80 $33.12 $34.11 4 $33.22 $34.53 $34.86 $35.91 5 $34.97 $6,061.47 $72,737.60 $36.35 $6,300.67 $75,608.00 $36.69 $6,359.60 $76,315.20 $37.80 $6,552.00 $78,624.00 431 non-exempt Tree Trim/Ln Clr-L 1 $30.46 $31.67 $31.98 $32.94 2 $32.06 $33.34 $33.66 $34.67 3 $33.75 $35.09 $35.43 $36.49 4 $35.53 $36.94 $37.29 $38.41 5 $37.40 $6,482.67 $77,792.00 $38.88 $6,739.20 $80,870.40 $39.25 $6,803.33 $81,640.00 $40.43 $7,007.87 $84,094.40 432 non-exempt Tree Trm/Ln Clr Asst 1 $26.84 $27.90 $28.17 $29.01 2 $28.25 $29.37 $29.65 $30.54 3 $29.74 $30.92 $31.21 $32.15 4 $31.31 $32.55 $32.85 $33.84 5 $32.96 $5,713.07 $68,556.80 $34.26 $5,938.40 $71,260.80 $34.58 $5,993.87 $71,926.40 $35.62 $6,174.13 $74,089.60 434 non-exempt Tree Maintenance Specialist 1 $28.93 $30.07 $30.36 $31.27 2 $30.45 $31.65 $31.96 $32.92 3 $32.05 $33.32 $33.64 $34.65 4 $33.74 $35.07 $35.41 $36.47 5 $35.52 $6,156.80 $73,881.60 $36.92 $6,399.47 $76,793.60 $37.27 $6,460.13 $77,521.60 $38.39 $6,654.27 $79,851.20 435 non-exempt Tree Maint Asst 1 $24.80 $25.77 $26.01 $26.81 2 $26.10 $27.13 $27.38 $28.22 3 $27.47 $28.56 $28.82 $29.70 4 $28.92 $30.06 $30.34 $31.26 5 $30.44 $5,276.27 $63,315.20 $31.64 $5,484.27 $65,811.20 $31.94 $5,536.27 $66,435.20 $32.90 $5,702.67 $68,432.00 451 non-exempt Park Maint Person 1 $25.70 $26.55 $26.64 $27.45 2 $27.05 $27.95 $28.04 $28.89 3 $28.47 $29.42 $29.52 $30.41 4 $29.97 $30.97 $31.07 $32.01 5 $31.55 $5,468.67 $65,624.00 $32.60 $5,650.67 $67,808.00 $32.70 $5,668.00 $68,016.00 $33.69 $5,839.60 $70,075.20 452 non-exempt Park Maint - Lead 1 $29.79 $30.78 $30.88 $31.82 2 $31.36 $32.40 $32.50 $33.49 3 $33.01 $34.11 $34.21 $35.25 4 $34.75 $35.90 $36.01 $37.10 5 $36.58 $6,340.53 $76,086.40 $37.79 $6,550.27 $78,603.20 $37.91 $6,571.07 $78,852.80 $39.05 $6,768.67 $81,224.00 460 non-exempt Parks/Golf Crew-Lead 1 $27.96 $28.90 $28.98 $29.86 2 $29.43 $30.42 $30.50 $31.43 3 $30.98 $32.02 $32.11 $33.08 4 $32.61 $33.70 $33.80 $34.82 5 $34.33 $5,950.53 $71,406.40 $35.47 $6,148.13 $73,777.60 $35.58 $6,167.20 $74,006.40 $36.65 $6,352.67 $76,232.00 461 non-exempt Sprinkler Sys Repr 1 $26.14 $27.00 $27.08 $27.89 2 $27.52 $28.42 $28.51 $29.36 3 $28.97 $29.92 $30.01 $30.91 4 $30.49 $31.49 $31.59 $32.54 5 $32.09 $5,562.27 $66,747.20 $33.15 $5,746.00 $68,952.00 $33.25 $5,763.33 $69,160.00 $34.25 $5,936.67 $71,240.00 462 non-exempt Field Service Pers WGW 1 $27.89 $29.51 $30.31 $31.23 2 $29.36 $31.06 $31.91 $32.87 3 $30.91 $32.69 $33.59 $34.60 4 $32.54 $34.41 $35.36 $36.42 5 $34.25 $5,936.67 $71,240.00 $36.22 $6,278.13 $75,337.60 $37.22 $6,451.47 $77,417.60 $38.34 $6,645.60 $79,747.20 Salaray Effective 7/08/17 (PP15:2017)Salary Effective 12/09/17 (PP26:2017)Job Code FLSA Job Title Steps Salary Effective 4/16/16 (PP09:2016)Salary Effective 12/10/2016 (PP26:2016) 16 Appendix A-2 To MOA Between City of Palo Alto and SEIU FY16/FY17 Salary Schedule Rate Approx. Monthly Approx Annual Rate Approx. Monthly Approx. Annual Rate Approx. Monthly Approx. Annual Rate Approx. Monthly Approx. Annual 463 non-exempt Gas System Tech II 1 $31.91 $33.74 $34.68 $35.72 2 $33.59 $35.52 $36.50 $37.60 3 $35.36 $37.39 $38.42 $39.58 4 $37.22 $39.36 $40.44 $41.66 5 $39.18 $6,791.20 $81,494.40 $41.43 $7,181.20 $86,174.40 $42.57 $7,378.80 $88,545.60 $43.85 $7,600.67 $91,208.00 464 non-exempt Cathodic Protection Tech Assistant 1 $33.56 $35.49 $36.47 $37.57 2 $35.33 $37.36 $38.39 $39.55 3 $37.19 $39.33 $40.41 $41.63 4 $39.15 $41.40 $42.54 $43.82 5 $41.21 $7,143.07 $85,716.80 $43.58 $7,553.87 $90,646.40 $44.78 $7,761.87 $93,142.40 $46.13 $7,995.87 $95,950.40 479 non-exempt Util Install/Rep-L 1 $36.31 $38.39 $39.44 $40.64 2 $38.22 $40.41 $41.52 $42.78 3 $40.23 $42.54 $43.71 $45.03 4 $42.35 $44.78 $46.01 $47.40 5 $44.58 $7,727.20 $92,726.40 $47.14 $8,170.93 $98,051.20 $48.43 $8,394.53 $100,734.40 $49.89 $8,647.60 $103,771.20 480 non-exempt Util Install/Rep 1 $33.27 $35.18 $36.15 $37.24 2 $35.02 $37.03 $38.05 $39.20 3 $36.86 $38.98 $40.05 $41.26 4 $38.80 $41.03 $42.16 $43.43 5 $40.84 $7,078.93 $84,947.20 $43.19 $7,486.27 $89,835.20 $44.38 $7,692.53 $92,310.40 $45.72 $7,924.80 $95,097.60 481 non-exempt Util Install/Rep Ast 1 $28.22 $29.84 $30.66 $31.58 2 $29.70 $31.41 $32.27 $33.24 3 $31.26 $33.06 $33.97 $34.99 4 $32.91 $34.80 $35.76 $36.83 5 $34.64 $6,004.27 $72,051.20 $36.63 $6,349.20 $76,190.40 $37.64 $6,524.27 $78,291.20 $38.77 $6,720.13 $80,641.60 482 non-exempt Water Meter Rep Asst 1 $24.06 $25.18 $25.57 $26.34 2 $25.33 $26.50 $26.92 $27.73 3 $26.66 $27.89 $28.34 $29.19 4 $28.06 $29.36 $29.83 $30.73 5 $29.54 $5,120.27 $61,443.20 $30.90 $5,356.00 $64,272.00 $31.40 $5,442.67 $65,312.00 $32.35 $5,607.33 $67,288.00 484 non-exempt Water Meter Repair 1 $26.65 $27.88 $28.33 $29.18 2 $28.05 $29.35 $29.82 $30.72 3 $29.53 $30.89 $31.39 $32.34 4 $31.08 $32.52 $33.04 $34.04 5 $32.72 $5,671.47 $68,057.60 $34.23 $5,933.20 $71,198.40 $34.78 $6,028.53 $72,342.40 $35.83 $6,210.53 $74,526.40 486 non-exempt Util Fld Svcs Rep 1 $34.12 $36.09 $37.08 $38.19 2 $35.92 $37.99 $39.03 $40.20 3 $37.81 $39.99 $41.08 $42.32 4 $39.80 $42.09 $43.24 $44.55 5 $41.89 $7,260.93 $87,131.20 $44.30 $7,678.67 $92,144.00 $45.52 $7,890.13 $94,681.60 $46.89 $8,127.60 $97,531.20 489 non-exempt Gas System Tech 1 $30.39 $32.14 $33.01 $34.01 2 $31.99 $33.83 $34.75 $35.80 3 $33.67 $35.61 $36.58 $37.68 4 $35.44 $37.48 $38.50 $39.66 5 $37.31 $6,467.07 $77,604.80 $39.45 $6,838.00 $82,056.00 $40.53 $7,025.20 $84,302.40 $41.75 $7,236.67 $86,840.00 499 non-exempt Water Sys Oper I 1 $28.98 $29.86 $29.86 $30.75 2 $30.50 $31.43 $31.43 $32.37 3 $32.11 $33.08 $33.08 $34.07 4 $33.80 $34.82 $34.82 $35.86 5 $35.58 $6,167.20 $74,006.40 $36.65 $6,352.67 $76,232.00 $36.65 $6,352.67 $76,232.00 $37.75 $6,543.33 $78,520.00 Job Code FLSA Job Title Steps Salary Effective 4/16/16 (PP09:2016)Salary Effective 12/10/2016 (PP26:2016)Salaray Effective 7/08/17 (PP15:2017)Salary Effective 12/09/17 (PP26:2017) 17 Appendix A-2 To MOA Between City of Palo Alto and SEIU FY16/FY17 Salary Schedule Rate Approx. Monthly Approx Annual Rate Approx. Monthly Approx. Annual Rate Approx. Monthly Approx. Annual Rate Approx. Monthly Approx. Annual 500 non-exempt WQC Plt Oper I 1 $30.41 $31.32 $31.32 $32.26 2 $32.01 $32.97 $32.97 $33.96 3 $33.69 $34.70 $34.70 $35.75 4 $35.46 $36.53 $36.53 $37.63 5 $37.33 $6,470.53 $77,646.40 $38.45 $6,664.67 $79,976.00 $38.45 $6,664.67 $79,976.00 $39.61 $6,865.73 $82,388.80 501 non-exempt Sr Water Sys Oper 1 $37.55 $38.68 $38.68 $39.84 2 $39.53 $40.72 $40.72 $41.94 3 $41.61 $42.86 $42.86 $44.15 4 $43.80 $45.12 $45.12 $46.47 5 $46.10 $7,990.67 $95,888.00 $47.49 $8,231.60 $98,779.20 $47.49 $8,231.60 $98,779.20 $48.92 $8,479.47 $101,753.60 502 non-exempt Chemist 1 $35.11 $36.20 $36.21 $37.30 2 $36.96 $38.10 $38.12 $39.26 3 $38.90 $40.10 $40.13 $41.33 4 $40.95 $42.21 $42.24 $43.51 5 $43.10 $7,470.67 $89,648.00 $44.43 $7,701.20 $92,414.40 $44.46 $7,706.40 $92,476.80 $45.80 $7,938.67 $95,264.00 503 non-exempt Laboratory Tech Wqc 1 $31.40 $32.37 $32.40 $33.36 2 $33.05 $34.07 $34.10 $35.12 3 $34.79 $35.86 $35.89 $36.97 4 $36.62 $37.75 $37.78 $38.92 5 $38.55 $6,682.00 $80,184.00 $39.74 $6,888.27 $82,659.20 $39.77 $6,893.47 $82,721.60 $40.97 $7,101.47 $85,217.60 504 non-exempt Sr Mech 1 $37.13 $38.24 $38.24 $39.39 2 $39.08 $40.25 $40.25 $41.46 3 $41.14 $42.37 $42.37 $43.64 4 $43.30 $44.60 $44.60 $45.94 5 $45.58 $7,900.53 $94,806.40 $46.95 $8,138.00 $97,656.00 $46.95 $8,138.00 $97,656.00 $48.36 $8,382.40 $100,588.80 506 non-exempt Sr Operator Wqc 1 $39.40 $40.58 $40.58 $41.80 2 $41.47 $42.72 $42.72 $44.00 3 $43.65 $44.97 $44.97 $46.32 4 $45.95 $47.34 $47.34 $48.76 5 $48.37 $8,384.13 $100,609.60 $49.83 $8,637.20 $103,646.40 $49.83 $8,637.20 $103,646.40 $51.33 $8,897.20 $106,766.40 507 non-exempt Water Sys Oper II 1 $33.12 $34.11 $34.11 $35.12 2 $34.86 $35.90 $35.90 $36.97 3 $36.69 $37.79 $37.79 $38.92 4 $38.62 $39.78 $39.78 $40.97 5 $40.65 $7,046.00 $84,552.00 $41.87 $7,257.47 $87,089.60 $41.87 $7,257.47 $87,089.60 $43.13 $7,475.87 $89,710.40 508 non-exempt Ind Waste Inspec 1 $31.65 $33.06 $33.54 $34.56 2 $33.32 $34.80 $35.30 $36.38 3 $35.07 $36.63 $37.16 $38.29 4 $36.92 $38.56 $39.12 $40.30 5 $38.86 $6,735.73 $80,828.80 $40.59 $7,035.60 $84,427.20 $41.18 $7,137.87 $85,654.40 $42.42 $7,352.80 $88,233.60 509 non-exempt WQC Plt Oper II 1 $34.74 $35.78 $35.78 $36.86 2 $36.57 $37.66 $37.66 $38.80 3 $38.49 $39.64 $39.64 $40.84 4 $40.52 $41.73 $41.73 $42.99 5 $42.65 $7,392.67 $88,712.00 $43.93 $7,614.53 $91,374.40 $43.93 $7,614.53 $91,374.40 $45.25 $7,843.33 $94,120.00 510 non-exempt WQC Plt Oper Trn 1 $26.77 $27.57 $27.57 $28.41 2 $28.18 $29.02 $29.02 $29.90 3 $29.66 $30.55 $30.55 $31.47 4 $31.22 $32.16 $32.16 $33.13 5 $32.86 $5,695.73 $68,348.80 $33.85 $5,867.33 $70,408.00 $33.85 $5,867.33 $70,408.00 $34.87 $6,044.13 $72,529.60 Salaray Effective 7/08/17 (PP15:2017)Salary Effective 12/09/17 (PP26:2017)Job Code FLSA Job Title Steps Salary Effective 4/16/16 (PP09:2016)Salary Effective 12/10/2016 (PP26:2016) 18 Appendix A-2 To MOA Between City of Palo Alto and SEIU FY16/FY17 Salary Schedule Rate Approx. Monthly Approx Annual Rate Approx. Monthly Approx. Annual Rate Approx. Monthly Approx. Annual Rate Approx. Monthly Approx. Annual 512 non-exempt Sr Instrum Elect 1 $37.31 $38.85 $39.27 $40.46 2 $39.27 $40.89 $41.34 $42.59 3 $41.34 $43.04 $43.52 $44.83 4 $43.52 $45.31 $45.81 $47.19 5 $45.81 $7,940.40 $95,284.80 $47.69 $8,266.27 $99,195.20 $48.22 $8,358.13 $100,297.60 $49.67 $8,609.47 $103,313.60 513 non-exempt Plans Examiner 1 $36.22 $37.88 $38.48 $39.63 2 $38.13 $39.87 $40.51 $41.72 3 $40.14 $41.97 $42.64 $43.92 4 $42.25 $44.18 $44.88 $46.23 5 $44.47 $7,708.13 $92,497.60 $46.51 $8,061.73 $96,740.80 $47.24 $8,188.27 $98,259.20 $48.66 $8,434.40 $101,212.80 514 non-exempt Development Project Coordinator I 1 $27.42 $28.67 $29.13 $30.01 2 $28.86 $30.18 $30.66 $31.59 3 $30.38 $31.77 $32.27 $33.25 4 $31.98 $33.44 $33.97 $35.00 5 $33.66 $5,834.40 $70,012.80 $35.20 $6,101.33 $73,216.00 $35.76 $6,198.40 $74,380.80 $36.84 $6,385.60 $76,627.20 515 non-exempt Development Project Coordinator II 1 $31.15 $32.59 $33.10 $34.09 2 $32.79 $34.30 $34.84 $35.88 3 $34.52 $36.10 $36.67 $37.77 4 $36.34 $38.00 $38.60 $39.76 5 $38.25 $6,630.00 $79,560.00 $40.00 $6,933.33 $83,200.00 $40.63 $7,042.53 $84,510.40 $41.85 $7,254.00 $87,048.00 516 non-exempt Development Project Coordinator III 1 $34.36 $35.93 $36.50 $37.60 2 $36.17 $37.82 $38.42 $39.58 3 $38.07 $39.81 $40.44 $41.66 4 $40.07 $41.90 $42.57 $43.85 5 $42.18 $7,311.20 $87,734.40 $44.11 $7,645.73 $91,748.80 $44.81 $7,767.07 $93,204.80 $46.16 $8,001.07 $96,012.80 517 non-exempt Plant Mechanic 1 $34.53 $35.58 $35.58 $36.64 2 $36.35 $37.45 $37.45 $38.57 3 $38.26 $39.42 $39.42 $40.60 4 $40.27 $41.49 $41.49 $42.74 5 $42.39 $7,347.60 $88,171.20 $43.67 $7,569.47 $90,833.60 $43.67 $7,569.47 $90,833.60 $44.99 $7,798.27 $93,579.20 528 non-exempt Lnper/Cbl Spl-Appren 1 $36.77 $38.45 $39.04 $40.21 2 $38.71 $40.47 $41.09 $42.33 3 $40.75 $42.60 $43.25 $44.56 4 $42.89 $44.84 $45.53 $46.90 5 $45.15 $7,826.00 $93,912.00 $47.20 $8,181.33 $98,176.00 $47.93 $8,307.87 $99,694.40 $49.37 $8,557.47 $102,689.60 529 non-exempt Electrician-Appren 1 $34.30 $35.70 $36.10 $37.18 2 $36.10 $37.58 $38.00 $39.14 3 $38.00 $39.56 $40.00 $41.20 4 $40.00 $41.64 $42.10 $43.37 5 $42.10 $7,297.33 $87,568.00 $43.83 $7,597.20 $91,166.40 $44.32 $7,682.13 $92,185.60 $45.65 $7,912.67 $94,952.00 530 non-exempt Electrician 1 $36.23 $37.72 $38.14 $39.28 2 $38.14 $39.70 $40.15 $41.35 3 $40.15 $41.79 $42.26 $43.53 4 $42.26 $43.99 $44.48 $45.82 5 $44.48 $7,709.87 $92,518.40 $46.31 $8,027.07 $96,324.80 $46.82 $8,115.47 $97,385.60 $48.23 $8,359.87 $100,318.40 531 non-exempt Lineperson/Cable Spl-T 1 $40.78 $42.63 $43.29 $44.59 2 $42.93 $44.87 $45.57 $46.94 3 $45.19 $47.23 $47.97 $49.41 4 $47.57 $49.72 $50.49 $52.01 5 $50.07 $8,678.80 $104,145.60 $52.34 $9,072.27 $108,867.20 $53.15 $9,212.67 $110,552.00 $54.75 $9,490.00 $113,880.00 Job Code FLSA Job Title Steps Salary Effective 4/16/16 (PP09:2016)Salary Effective 12/10/2016 (PP26:2016)Salaray Effective 7/08/17 (PP15:2017)Salary Effective 12/09/17 (PP26:2017) 19 Appendix A-2 To MOA Between City of Palo Alto and SEIU FY16/FY17 Salary Schedule Rate Approx. Monthly Approx Annual Rate Approx. Monthly Approx. Annual Rate Approx. Monthly Approx. Annual Rate Approx. Monthly Approx. Annual 532 non-exempt Lineperson/Cable Spl-TL 1 $43.61 $45.59 $46.30 $47.69 2 $45.91 $47.99 $48.74 $50.20 3 $48.33 $50.52 $51.30 $52.84 4 $50.87 $53.18 $54.00 $55.62 5 $53.55 $9,282.00 $111,384.00 $55.98 $9,703.20 $116,438.40 $56.84 $9,852.27 $118,227.20 $58.55 $10,148.67 $121,784.00 533 non-exempt Elec Asst I 1 $27.09 $28.22 $28.53 $29.39 2 $28.52 $29.70 $30.03 $30.94 3 $30.02 $31.26 $31.61 $32.57 4 $31.60 $32.90 $33.27 $34.28 5 $33.26 $5,765.07 $69,180.80 $34.63 $6,002.53 $72,030.40 $35.02 $6,070.13 $72,841.60 $36.08 $6,253.87 $75,046.40 535 non-exempt Electrician-Lead 1 $38.79 $40.38 $40.83 $42.07 2 $40.83 $42.51 $42.98 $44.28 3 $42.98 $44.75 $45.24 $46.61 4 $45.24 $47.10 $47.62 $49.06 5 $47.62 $8,254.13 $99,049.60 $49.58 $8,593.87 $103,126.40 $50.13 $8,689.20 $104,270.40 $51.64 $8,950.93 $107,411.20 536 non-exempt Cathodic Tech 1 $41.21 $43.59 $44.77 $46.12 2 $43.38 $45.88 $47.13 $48.55 3 $45.66 $48.29 $49.61 $51.10 4 $48.06 $50.83 $52.22 $53.79 5 $50.59 $8,768.93 $105,227.20 $53.50 $9,273.33 $111,280.00 $54.97 $9,528.13 $114,337.60 $56.62 $9,814.13 $117,769.60 541 non-exempt Lineper/Cable Spl 1 $42.81 $44.75 $45.45 $46.83 2 $45.06 $47.11 $47.84 $49.29 3 $47.43 $49.59 $50.36 $51.88 4 $49.93 $52.20 $53.01 $54.61 5 $52.56 $9,110.40 $109,324.80 $54.95 $9,524.67 $114,296.00 $55.80 $9,672.00 $116,064.00 $57.48 $9,963.20 $119,558.40 542 non-exempt Lineper/Cable Spl-L 1 $45.82 $47.90 $48.63 $50.09 2 $48.23 $50.42 $51.19 $52.73 3 $50.77 $53.07 $53.88 $55.51 4 $53.44 $55.86 $56.72 $58.43 5 $56.25 $9,750.00 $117,000.00 $58.80 $10,192.00 $122,304.00 $59.71 $10,349.73 $124,196.80 $61.51 $10,661.73 $127,940.80 543 non-exempt Overhead Underground Troubleman 1 $44.98 $47.03 $47.75 $49.18 2 $47.35 $49.50 $50.26 $51.77 3 $49.84 $52.10 $52.91 $54.49 4 $52.46 $54.84 $55.69 $57.36 5 $55.22 $9,571.47 $114,857.60 $57.73 $10,006.53 $120,078.40 $58.62 $10,160.80 $121,929.60 $60.38 $10,465.87 $125,590.40 544 non-exempt Sr Industrial Waste Investigator 1 $38.05 $39.75 $40.33 $41.53 2 $40.05 $41.84 $42.45 $43.72 3 $42.16 $44.04 $44.68 $46.02 4 $44.38 $46.36 $47.03 $48.44 5 $46.72 $8,098.13 $97,177.60 $48.80 $8,458.67 $101,504.00 $49.50 $8,580.00 $102,960.00 $50.99 $8,838.27 $106,059.20 545 non-exempt Street Light, Traffic Signal and Fiber – Apprentice 1 $36.54 $38.19 $38.78 $39.95 2 $38.46 $40.20 $40.82 $42.05 3 $40.48 $42.32 $42.97 $44.26 4 $42.61 $44.55 $45.23 $46.59 5 $44.85 $7,774.00 $93,288.00 $46.89 $8,127.60 $97,531.20 $47.61 $8,252.40 $99,028.80 $49.04 $8,500.27 $102,003.20 546 non-exempt Street Light, Traffic Signal and Fiber Technician 1 $38.61 $40.36 $40.97 $42.21 2 $40.64 $42.48 $43.13 $44.43 3 $42.78 $44.72 $45.40 $46.77 4 $45.03 $47.07 $47.79 $49.23 5 $47.40 $8,216.00 $98,592.00 $49.55 $8,588.67 $103,064.00 $50.31 $8,720.40 $104,644.80 $51.82 $8,982.13 $107,785.60 Salaray Effective 7/08/17 (PP15:2017)Salary Effective 12/09/17 (PP26:2017)Job Code FLSA Job Title Steps Salary Effective 4/16/16 (PP09:2016)Salary Effective 12/10/2016 (PP26:2016) 20 Appendix A-2 To MOA Between City of Palo Alto and SEIU FY16/FY17 Salary Schedule Rate Approx. Monthly Approx Annual Rate Approx. Monthly Approx. Annual Rate Approx. Monthly Approx. Annual Rate Approx. Monthly Approx. Annual 547 non-exempt Street Light, Traffic Signal and Fiber – Lead 1 $41.31 $43.19 $43.85 $45.18 2 $43.48 $45.46 $46.16 $47.56 3 $45.77 $47.85 $48.59 $50.06 4 $48.18 $50.37 $51.15 $52.69 5 $50.72 $8,791.47 $105,497.60 $53.02 $9,190.13 $110,281.60 $53.84 $9,332.27 $111,987.20 $55.46 $9,613.07 $115,356.80 548 non-exempt Substation Electrician - Apprentice 1 $39.87 $41.68 $42.32 $43.60 2 $41.97 $43.87 $44.55 $45.89 3 $44.18 $46.18 $46.89 $48.30 4 $46.50 $48.61 $49.36 $50.84 5 $48.95 $8,484.67 $101,816.00 $51.17 $8,869.47 $106,433.60 $51.96 $9,006.40 $108,076.80 $53.52 $9,276.80 $111,321.60 549 non-exempt Substation Electrician 1 $42.11 $44.03 $44.71 $46.05 2 $44.33 $46.35 $47.06 $48.47 3 $46.66 $48.79 $49.54 $51.02 4 $49.12 $51.36 $52.15 $53.71 5 $51.71 $8,963.07 $107,556.80 $54.06 $9,370.40 $112,444.80 $54.89 $9,514.27 $114,171.20 $56.54 $9,800.27 $117,603.20 550 non-exempt Substation Electrician - Lead 1 $45.06 $47.11 $47.83 $49.29 2 $47.43 $49.59 $50.35 $51.88 3 $49.93 $52.20 $53.00 $54.61 4 $52.56 $54.95 $55.79 $57.48 5 $55.33 $9,590.53 $115,086.40 $57.84 $10,025.60 $120,307.20 $58.73 $10,179.87 $122,158.40 $60.50 $10,486.67 $125,840.00 552 non-exempt Metering Technician 1 $40.36 $42.19 $42.85 $44.14 2 $42.48 $44.41 $45.10 $46.46 3 $44.72 $46.75 $47.47 $48.90 4 $47.07 $49.21 $49.97 $51.47 5 $49.55 $8,588.67 $103,064.00 $51.80 $8,978.67 $107,744.00 $52.60 $9,117.33 $109,408.00 $54.18 $9,391.20 $112,694.40 553 non-exempt Metering Technician – Lead 1 $43.20 $45.16 $45.87 $47.23 2 $45.47 $47.54 $48.28 $49.72 3 $47.86 $50.04 $50.82 $52.34 4 $50.38 $52.67 $53.49 $55.09 5 $53.03 $9,191.87 $110,302.40 $55.44 $9,609.60 $115,315.20 $56.30 $9,758.67 $117,104.00 $57.99 $10,051.60 $120,619.20 554 non-exempt SCADA Technologist 1 $47.94 $50.69 $52.08 $53.66 2 $50.46 $53.36 $54.82 $56.48 3 $53.12 $56.17 $57.71 $59.45 4 $55.92 $59.13 $60.75 $62.58 5 $58.86 $10,202.40 $122,428.80 $62.24 $10,788.27 $129,459.20 $63.95 $11,084.67 $133,016.00 $65.87 $11,417.47 $137,009.60 560 non-exempt Code Enforcement Off - L 1 $36.68 $38.36 $38.96 $40.14 2 $38.61 $40.38 $41.01 $42.25 3 $40.64 $42.50 $43.17 $44.47 4 $42.78 $44.74 $45.44 $46.81 5 $45.03 $7,805.20 $93,662.40 $47.09 $8,162.27 $97,947.20 $47.83 $8,290.53 $99,486.40 $49.27 $8,540.13 $102,481.60 570 non-exempt Parking Operations Lead 1 $44.20 $46.31 $47.14 $48.55 2 $46.53 $48.75 $49.62 $51.11 3 $48.98 $51.32 $52.23 $53.80 4 $51.56 $54.02 $54.98 $56.63 5 $54.27 $9,406.80 $112,881.60 $56.86 $9,855.73 $118,268.80 $57.87 $10,030.80 $120,369.60 $59.61 $10,332.40 $123,988.80 575 non-exempt Traffic Engineering Lead 1 $49.43 $51.15 $51.39 $52.93 2 $52.03 $53.84 $54.09 $55.72 3 $54.77 $56.67 $56.94 $58.65 4 $57.65 $59.65 $59.94 $61.74 5 $60.68 $10,517.87 $126,214.40 $62.79 $10,883.60 $130,603.20 $63.09 $10,935.60 $131,227.20 $64.99 $11,264.93 $135,179.20 Job Code FLSA Job Title Steps Salary Effective 4/16/16 (PP09:2016)Salary Effective 12/10/2016 (PP26:2016)Salaray Effective 7/08/17 (PP15:2017)Salary Effective 12/09/17 (PP26:2017) 21 Appendix A-2 To MOA Between City of Palo Alto and SEIU FY16/FY17 Salary Schedule Rate Approx. Monthly Approx Annual Rate Approx. Monthly Approx. Annual Rate Approx. Monthly Approx. Annual Rate Approx. Monthly Approx. Annual 702 non-exempt Community Serv Offcr 1 $26.09 $27.33 $27.82 $28.65 2 $27.46 $28.77 $29.28 $30.16 3 $28.90 $30.28 $30.82 $31.75 4 $30.42 $31.87 $32.44 $33.42 5 $32.02 $5,550.13 $66,601.60 $33.55 $5,815.33 $69,784.00 $34.15 $5,919.33 $71,032.00 $35.18 $6,097.87 $73,174.40 Salaray Effective 7/08/17 (PP15:2017)Salary Effective 12/09/17 (PP26:2017)Job Code FLSA Job Title Steps Salary Effective 4/16/16 (PP09:2016)Salary Effective 12/10/2016 (PP26:2016) 22 Certificate Of Completion Envelope Id: 5767549F0473496CA712D872D3D7DCEF Status: Completed Subject: Please DocuSign: SEIU MOA 2016.pdf Source Envelope: Document Pages: 106 Signatures: 2 Envelope Originator: Certificate Pages: 1 Initials: 0 Elizabeth Egli AutoNav: Enabled EnvelopeId Stamping: Disabled Time Zone: (UTC-08:00) Pacific Time (US & Canada) 250 Hamilton Ave Palo Alto , CA 94301 elizabeth.egli@cityofpaloalto.org IP Address: 199.33.32.254 Record Tracking Status: Original 4/7/2016 8:35:17 AM Holder: Elizabeth Egli elizabeth.egli@cityofpaloalto.org Location: DocuSign Signer Events Signature Timestamp Lynn Krug Lynn.Krug@CityofPaloAlto.org Security Level: Email, Account Authentication (None) Using IP Address: 199.33.32.254 Sent: 4/7/2016 8:39:09 AM Viewed: 4/7/2016 10:31:57 AM Signed: 4/7/2016 10:33:51 AM Electronic Record and Signature Disclosure: Not Offered via DocuSign ID: Miesha Brown Miesha.Brown@seiu521.org Security Level: Email, Account Authentication (None) Using IP Address: 216.31.247.94 Sent: 4/7/2016 8:39:09 AM Resent: 4/7/2016 11:13:35 AM Viewed: 4/7/2016 9:37:13 AM Signed: 4/7/2016 11:16:57 AM Electronic Record and Signature Disclosure: Not Offered via DocuSign ID: In Person Signer Events Signature Timestamp Editor Delivery Events Status Timestamp Agent Delivery Events Status Timestamp Intermediary Delivery Events Status Timestamp Certified Delivery Events Status Timestamp Carbon Copy Events Status Timestamp Notary Events Timestamp Envelope Summary Events Status Timestamps Envelope Sent Hashed/Encrypted 4/7/2016 11:13:35 AM Certified Delivered Security Checked 4/7/2016 10:31:57 AM Signing Complete Security Checked 4/7/2016 11:16:57 AM Completed Security Checked 4/7/2016 11:16:57 AM 1 MEMORANDUM OF AGREEMENT Between CITY OF PALO ALTO and I.A.F.F. LOCAL 1319 July 1, 2014 – June 30, 2018 2 PREAMBLE ________________________________________________________________________ 6 ARTICLE I - RECOGNITION ___________________________________________________________ 6 SECTION 1. RECOGNITION. ____________________________________________________________________ 6 ARTICLE II - NO DISCRIMINATION _____________________________________________________ 6 SECTION 1. NO DISCRIMINATION. _______________________________________________________________ 6 SECTION 2. FREE CHOICE. ____________________________________________________________________ 6 SECTION 3. HUMAN RELATIONS COMMITTEE. _____________________________________________________ 6 ARTICLE III - PAYROLL DEDUCTIONS – AGENCY SHOP __________________________________ 7 SECTION 1. PAYROLL DEDUCTIONS AND WRITTEN AUTHORIZATION. ___________________________________ 7 SECTION 2. AGENCY SHOP. ___________________________________________________________________ 7 ARTICLE IV - UNION ACTIVITIES ______________________________________________________ 8 SECTION 1. ON-DUTY TIME. ___________________________________________________________________ 8 SECTION 2. INTEROFFICE MAIL, BULLETIN BOARDS, AND E-MAIL. _____________________________________ 8 SECTION 3. USE OF MEETING PLACES. ___________________________________________________________ 9 ARTICLE V - NO STRIKES ____________________________________________________________ 9 SECTION 1. NO STRIKES.______________________________________________________________________ 9 ARTICLE VI - PROBATIONARY PERIOD _________________________________________________ 9 SECTION 1. TENTATIVE AND SUBJECT TO PROBATIONARY PERIOD. _____________________________________ 9 SECTION 2. PART OF TESTING PROCESS. __________________________________________________________ 9 SECTION 3. SUSPENSION OR TERMINATION. _______________________________________________________ 9 ARTICLE VII - SALARY PROVISIONS __________________________________________________ 10 SECTION 1. BASE WAGE RATES. ______________________________________________________________ 10 SECTION 2. OUT-OF-CLASS COMPENSATION. _____________________________________________________ 11 SECTION 3. PAY FOR COURT APPEARANCE. ______________________________________________________ 11 SECTION 4. CLASSIFICATIONS. ________________________________________________________________ 11 ARTICLE VIII - PAY DIFFERENTIALS __________________________________________________ 11 SECTION 1. PARAMEDIC DIFFERENTIAL. ________________________________________________________ 11 SECTION 2. HAZ MAT DIFFERENTIAL. __________________________________________________________ 12 SECTION 3. FIRE INSPECTOR DIFFERENTIAL. _____________________________________________________ 12 ARTICLE IX - HOLIDAYS ____________________________________________________________ 12 SECTION 1. NAMED HOLIDAYS. _______________________________________________________________ 12 SECTION 2. CONDITIONS. ____________________________________________________________________ 13 ARTICLE X - OVERTIME COMPENSATION ______________________________________________ 13 SECTION 1. COMPENSATION. _________________________________________________________________ 13 ARTICLE XI - APPARATUS STAFFING _________________________________________________ 14 ARTICLE XII - FIRE DEPARTMENT PROGRAMS _________________________________________ 14 SECTION 1. PROGRAMS. _____________________________________________________________________ 14 ARTICLE XIII - WORK ASSIGNMENTS AND TRANSFERS _________________________________ 14 SECTION 1. SHIPOUTS. ______________________________________________________________________ 15 SECTION 2. VACATION RELIEF POSITIONS. ______________________________________________________ 15 3 SECTION 3. TRANSFER REQUESTS. _____________________________________________________________ 15 SECTION 4. SPECIAL ASSIGNMENTS. ___________________________________________________________ 16 SECTION 5. CONTINUOUS HOURLY SERVICE. _____________________________________________________ 16 ARTICLE XIV - TRAINING COORDINATION _____________________________________________ 16 SECTION 1. COORDINATION. _________________________________________________________________ 16 ARTICLE XV - PARAMEDIC ASSIGNMENT ______________________________________________ 16 SECTION 1. LIMIT OF ELIGIBILITY. _____________________________________________________________ 16 SECTION 2. ADDITIONAL CANDIDATE TRAINING. __________________________________________________ 16 SECTION 3. INCENTIVES. ____________________________________________________________________ 16 SECTION 4. PROCTORING. ___________________________________________________________________ 17 ARTICLE XVI - FIRE FIGHTER APPRENTICE PROGRAM __________________________________ 17 SECTION 1. IMPLEMENTATION. _______________________________________________________________ 17 SECTION 2. BEGINNING FIRE FIGHTING SUPPRESSION WORK. ________________________________________ 17 SECTION 3. TESTING PROCESS. ________________________________________________________________ 17 ARTICLE XVII - PROMOTION _________________________________________________________ 17 SECTION 1. PROMOTION STEP LEVEL.___________________________________________________________ 17 SECTION 2. PROMOTION PROCESS INFORMATION. _________________________________________________ 17 ARTICLE XVIII - REDUCTION IN FORCE ________________________________________________ 17 SECTION 1. ORDER OF REDUCTION. ____________________________________________________________ 18 ARTICLE XIX - SELECTIVE CALL BACK WITH REGARD TO RESIDENCY ____________________ 18 SECTION 1. IN CASE OF EMERGENCY ___________________________________________________________ 18 ARTICLE XX - HEALTH BENEFITS ____________________________________________________ 18 SECTION 1. MAINTENANCE OF LEVELS __________________________________________________________ 18 SECTION 2. VISION CARE. ___________________________________________________________________ 18 SECTION 3. PEMHCA HEALTH PLAN. __________________________________________________________ 18 ARTICLE XXI - DENTAL BENEFITS ____________________________________________________ 22 SECTION 1. LEVEL OF BENEFITS. ______________________________________________________________ 22 SECTION 2. PREMIUMS. ______________________________________________________________________ 22 SECTION 3. ORTHODONTIA BENEFIT MAXIMUM. __________________________________________________ 22 ARTICLE XXII - LIFE INSURANCE _____________________________________________________ 22 SECTION 1. PREMIUMS. ______________________________________________________________________ 22 ARTICLE XXIII - RETIREMENT BENEFITS ______________________________________________ 22 SECTION 1. PERS RETIREMENT FORMULA. ______________________________________________________ 23 SECTION 2. PERS MEMBER CONTRIBUTION. _____________________________________________________ 24 SECTION 3. ADDITIONAL EMPLOYEE PERS CONTRIBUTIONS _________________________________________ 24 SECTION 4. OPTION 2 DEATH BENEFIT. _________________________________________________________ 25 SECTION 5. MILITARY SERVICE CREDIT. ________________________________________________________ 25 SECTION 6. 1959 SURVIVOR BENEFIT. __________________________________________________________ 25 ARTICLE XXIV - RETIREMENT MEDICAL PLAN _________________________________________ 25 SECTION 1. RETIREE MEDICAL COVERAGE FOR UNIT EMPLOYEES HIRED BEFORE JANUARY 1, 2004: ___________ 25 ARTICLE XXV - DEPENDENT CARE ASSISTANCE PROGRAM (DCAP) ______________________ 26 SECTION 1. DCAP. _________________________________________________________________________ 26 4 ARTICLE XXVI - VACATION ACCRUAL ________________________________________________ 26 SECTION 1. ACCRUAL RATE. _________________________________________________________________ 26 SECTION 2. UNUSED AT TERMINATION. _________________________________________________________ 27 SECTION 3. LIMITS. ________________________________________________________________________ 27 ARTICLE XXVII - USE OF VACATION __________________________________________________ 27 SECTION 1. MAXIMUM NUMBER OF SLOTS. ______________________________________________________ 27 SECTION 2. APPROVALS. _____________________________________________________________________ 27 SECTION 3. VACATION PAY. _________________________________________________________________ 27 SECTION 4. ILLNESS ON VACATION. ____________________________________________________________ 27 SECTION 5. WHEN TO BE TAKEN. ______________________________________________________________ 27 SECTION 6. LIMITATION ON USE. ______________________________________________________________ 28 SECTION 7. WAITING PERIOD. ________________________________________________________________ 28 SECTION 8. DOUBLE COMPENSATION PROHIBITED. ________________________________________________ 28 SECTION 9. CASH OUT OPTION. _______________________________________________________________ 28 ARTICLE XXVIII - SICK LEAVE________________________________________________________ 28 SECTION 1. STATEMENT OF POLICY. ___________________________________________________________ 28 SECTION 2. ELIGIBILITY. ____________________________________________________________________ 28 SECTION 3. ACCRUAL. ______________________________________________________________________ 28 SECTION 4. ACCUMULATION. _________________________________________________________________ 28 SECTION 5. USE. __________________________________________________________________________ 28 SECTION 6. DEPLETION OF SICK LEAVE BENEFITS. ________________________________________________ 29 SECTION 7. FORFEITURE UPON TERMINATION. ___________________________________________________ 29 SECTION 8. PAYMENT FOR ACCUMULATED SICK LEAVE. ___________________________________________ 29 SECTION 9. PERSONAL BUSINESS LEAVE CHARGEABLE TO SICK LEAVE. _______________________________ 30 SECTION 10. RETURN TO WORK OR CONTINUE WORK WITH LIMITED DUTY. ____________________________ 30 ARTICLE XXIX - SUBPOENAS ________________________________________________________ 30 ARTICLE XXX - WORKERS' COMPENSATION ___________________________________________ 30 SECTION 1. STATUS REPORTING WHILE ON DISABILITY. ____________________________________________ 30 ARTICLE XXXI - PHYSICAL FITNESS MEDICAL EXAMINATIONS ___________________________ 30 ARTICLE XXXII- LEAVES OF ABSENCE WITHOUT PAY ___________________________________ 30 SECTION 1. DISABILITY. _____________________________________________________________________ 31 SECTION 2. OTHER LEAVES. _________________________________________________________________ 31 SECTION 3. ACCRUED VACATION CREDITS. ______________________________________________________ 31 SECTION 4. APPROVAL OF DEPARTMENT HEAD. __________________________________________________ 31 SECTION 5. APPROVAL BY CITY MANAGER. _____________________________________________________ 31 SECTION 6. ABSENCE WITHOUT LEAVE. ________________________________________________________ 31 SECTION 7. LEAVE OF ABSENCE; DEATH OUTSIDE THE IMMEDIATE FAMILY. ____________________________ 31 SECTION 8. MILITARY LEAVE OF ABSENCE. _____________________________________________________ 31 ARTICLE XXXIII - LEAVES OF ABSENCE WITH PAY _____________________________________ 32 SECTION 1. CITY MANAGER GRANTED LEAVES. __________________________________________________ 32 SECTION 2. COUNCIL GRANTED LEAVE. ________________________________________________________ 32 SECTION 3. EMPLOYEE'S TIME OFF TO VOTE. ____________________________________________________ 32 SECTION 4. LEAVES OF ABSENCE; DEATH IN IMMEDIATE FAMILY. ____________________________________ 32 SECTION 5. JURY DUTY; LEAVE OF ABSENCE. ____________________________________________________ 32 ARTICLE XXXIV – VOLUNTEER LEAVE PROGRAM ______________________________________ 32 ARTICLE XXXV- TUITION REIMBURSEMENT ___________________________________________ 34 SECTION 1. OPTIONS. _______________________________________________________________________ 34 5 ARTICLE XXXVI - PER DIEM TRAVEL EXPENSES _______________________________________ 34 SECTION 1. CITY BUSINESS. __________________________________________________________________ 34 ARTICLE XXXVII - HOUSE FUND ITEMS ________________________________________________ 34 SECTION 1. STATION HOUSE FUND. ____________________________________________________________ 34 SECTION 2. NON-FOOD HOUSE ITEMS __________________________________________________________ 34 ARTICLE XXXVIII - PARKING _________________________________________________________ 34 SECTION 1. ENTITLEMENTS. __________________________________________________________________ 34 ARTICLE XXXIX- GRIEVANCES _______________________________________________________ 35 ARTICLE XL- SAFETY COMMITTEE ___________________________________________________ 37 SECTION 1. COMMITTEE _____________________________________________________________________ 37 ARTICLE XLI – MISCELLANEOUS _____________________________________________________ 37 SECTION 1. T-SHIRTS. _______________________________________________________________________ 37 SECTION 2. REMOVAL OF DISCIPLINARY ACTIONS. ________________________________________________ 37 ARTICLE XLII - FULL UNDERSTANDING _______________________________________________ 37 SECTION 1. FULL AND ENTIRE UNDERSTANDING. __________________________________________________ 37 SECTION 2. FAIR LABOR STANDARDS ACT. ______________________________________________________ 37 SECTION 3. SEVERABILITY. __________________________________________________________________ 38 SECTION 4. GOOD FAITH. ____________________________________________________________________ 38 SECTION 5. MERIT SYSTEM RULES AND REGULATIONS. ____________________________________________ 38 SECTION 6. STATION CONSOLIDATION OR RELOCATION . ____________________________________________ 38 SECTION 7. MEET AND CONFER. _______________________________________________________________ 38 ARTICLE XLIII – 48/96 WORK SCHEDULE PILOT PROGRAM ______________________________ 38 ARTICLE XLIV - DURATION __________________________________________________________ 39 6 MEMORANDUM OF AGREEMENT CITY OF PAL0 ALTO and I.A.F.F. LOCAL 1319 July 1, 2014 - June 30, 2018 PREAMBLE This Memorandum of Agreement between the City of Palo Alto, hereinafter referred to as the "City", and Local 1319, International Association of Fire Fighters, hereinafter referred as the "Union", has been prepared and entered into in accordance with Title I, Division 4, Chapter 10, Sections 3500-3510 of the California Government Code and Chapter 12 of the City of Palo Alto Merit System Rules and Regulations. ARTICLE I - RECOGNITION Section 1. Recognition. The City recognizes the Union as the exclusive representative of an employee group consisting solely of the classifications of Fire Apparatus Operator, Fire Fighter, Fire Captain, Fire Captain (forty-hour assignment), Fire Inspector, Hazardous Materials Specialist, and Hazmat Inspector, who are regularly employed by the City and others as amended into the representation unit from time to time under existing law and the Merit System Rules and Regulations. ARTICLE II - NO DISCRIMINATION Section 1. No Discrimination. The Union and the City hereby agree that there shall be no discrimination because of race, color, age, handicapdisability, sex, national origin, sexual orientation, political or religious affiliation under this Agreement. There shall be no discrimination in employment conditions or treatment of employees on the basis of membership or non-membership in the Union, or participation in the lawful activities of the Union. Section 2. Free Choice. The Union and the City hereby agree to protect the rights of all employees to exercise their free choice to join the Union and to abide by the express provisions of applicable State and local laws. Section 3. Human Relations Committee. A Human Relations Committee will include up to five members appointed by the Union executive board and at least two members of management with representation from the Fire and Human Resources Departments. The committee may make recommendations to management regarding recruitment outreach, equal employment opportunity and career development programs. 7 ARTICLE III - PAYROLL DEDUCTIONS – AGENCY SHOP Section 1. Payroll Deductions and Written Authorization. The City shall deduct Union membership dues and pay other mutually agreed upon payroll deduction from the bi-weekly pay of member employees. The dues deduction must be authorized in writing by the employee on an authorization card acceptable to the City and the Union. The City shall remit the deducted dues to the Union as soon as possible after deduction. All Union members on payroll deduction for payment of Union dues as of 5:00 p.m. on the tenth day following signing of this Memorandum of Agreement must remain on payroll deduction for the life of the Memorandum of Agreement, or so long as they remain members of the representation unit. Union members who establish dues payroll deduction during the term of the Memorandum of Agreement must remain on payroll deduction for the life of the Memorandum of Understanding, or so long as they remain members of the representation unit. Union members on dues payroll deduction may declare their intention to terminate such payroll deduction following expiration of this Memorandum of Agreement during the thirty-day period between sixty and ninety days prior to expiration of the Memorandum of Agreement. Section 2. Agency Shop. Pursuant to legislation enacted by SB 739 and amendment to the Meyers-Milias-Brown Act, the City and the Union agree to abide by the following provisions as they relate to an agency shop and an agency shop election. a. Agency Shop as defined under Meyers-Milias Brown means “an arrangement that requires an employee, as a condition of continued employment, either to join the recognized employee organization, or to pay the organization a service fee in an amount not to exceed the standard initiation fee, periodic dues, and general assessments of the organization.” The City and the Union agree that an agency shop arrangement between the City and the Union shall be placed in effect upon ratification of this agreement. b. Any employee who is a member of a bona fide religion, body, or sect that has historically held conscientious objections to joining or financially supporting public employee organizations shall not be required to join or financially support any public employee organization as a condition of employment. The employee may be required, in lieu of periodic dues, initiation fees, or agency fees, to pay sums equal to the dues, initiation fees, or agency fees to a nonreligious, nonlabor charitable fund exempt from taxation under Section 501(c)(3) of the Internal Revenue Code, chosen by the employee from a list of at least three organizations, or if the memorandum of understanding between the City and the Union fails to designate the funds, then to any such fund chosen by the employee. Proof of the payments shall be made on a monthly basis to the City as a condition of continued exemption from the requirement of financial support to the Union. 8 c. Covered employees shall execute written authorization for either Union dues deductions, the agency fee, or, if eligible, the charitable contribution. In the absence of a written authorization the City shall deduct the agency fee from the employees’ paycheck. d. If implemented, an agency shop provision may be rescinded by a majority vote of all the employees in the unit covered by the Memorandum of Understanding pursuant to the Meyers-Milias-Brown Act. e. The Union shall keep an adequate itemized record of its financial transactions and shall make available annually, to the City and to the employees who are members of the organization, within 60 days after the end of its fiscal year, a detailed written financial report thereof in the form of a balance sheet and an opening statement, certified as to accuracy by its president and treasurer or corresponding principal officer, or a certified public accountant. f. The Union shall indemnify and hold the City harmless against any liability arising from any claims, demands, or other action relating to the City’s compliance with the agency shop obligation. The Union shall comply with all statutory and legal requirements with respect to Agency Shop. ARTICLE IV - UNION ACTIVITIES Section 1. On-Duty Time. Local 1319 officers may use a reasonable amount of on- duty time to attend to Union business specifically related to representation of employees so long as: a. Staffing is available b. Operations are not interrupted c. Advance approval is obtained from the Battalion Chief or Operations Chief Section 2. Interoffice Mail, Bulletin Boards, and E-Mail. The Union shall have access to interoffice mail and existing bulletin boards in unit employee work areas for the purpose of posting, transmitting, or distributing notice or announcements including notices of social events, recreational events, Union membership meetings, result of elections and reports of minutes of Union meetings. Any other material must have prior approval of the Operations Chief or Fire Chief. Action on approval will be taken within 24 hours of submission. The Union may send e-mail messages only for the purposes set forth above. The I.T. Division will maintain the IAFF list. The Union access to e-mail is based on the following conditions: a. E-Mails to the IAFF list will be copied to the Fire Chief or Operations Chief at distribution. 9 b. E-Mails to the IAFF list will only be sent by the Executive Board Members. Section 3. Use of Meeting Places. The Union shall have the right to reserve City meeting and conference rooms for use during non-working hours or as subject to Battalion Chief approval. Such meeting places will be made available in conformity with City regulations and subject to the limitations of prior commitment. ARTICLE V - NO STRIKES Section 1. No Strikes. The Union, its representatives, or members, shall not engage in or cause, instigate, encourage, sanction, or condone a strike, withholding of services, leave of absence abuse, work stoppage or work slowdown of any kind against the City of Palo Alto or its citizens by employees covered under this Agreement. No employee shall refuse to cross any picket line in the conduct of Fire Department business, nor shall the Union, its representatives or members discriminate in any way toward anyone who refuses to participate in a strike, or any of the job actions cited above. ARTICLE VI - PROBATIONARY PERIOD Section 1. Tentative and Subject to Probationary Period. All original appointments to regular or part-time municipal service positions shall be tentative and subject to a probationary period, fixed by the appointing authority at the time of appointment, or sixteen (16) months. Section 2. Part of Testing Process. The probationary period shall be regarded as part of the testing process and shall be utilized for closely observing all aspects of the employee's qualifications, for ensuring the effective adjustment of a new employee to the position and for rejecting any probationary employee who, in the opinion of management, is not suitable to attain permanent status. Section 3. Suspension or Termination. During the probationary period a new employee may be suspended or terminated at any time by the appointing authority without cause and without right of appeal or to submit a grievance. Said employee shall not have the right to proceed to arbitration on the issue of arbitrability or on the issue of its constitutional or discovery rights, nor those of any employee by reason of the foregoing. The Union shall not be a party to any lawsuit relating to the termination of a probationary employee. 10 ARTICLE VII - SALARY PROVISIONS Section 1. Base Wage Rates. a. The base wage rates of bargaining unit classifications will be as set forth in Appendix A of this MOA. b. Effective with the full pay period following City Council approval, a 2.5% general salary increase and a 5% market adjustment will be applied to the salary ranges of all represented classes. beginning October 22, 2011 wages for all bargaining unit classifications will be reduced by 9% to reflect the change described in Article XXIII Retirement Benefits, Section 2A Employer Paid Member Contribution (EPMC). c. Effective with the pay period including June 30, 20164 a 2.5% percent cost of livinggeneral salary increase and a 8% market adjustment will be applied to the salary ranges of all represented classes. c.d. Effective with the pay period including June 30, 2017 a 2.5% percent general salary increase will be applied to the salary ranges of all represented classes. d.e. Total Compensation Market Study. The City will conduct a total compensation survey by November 2017 using the criteria listed below (Total Compensation and Survey Database). Data shall include the contributions in effect up until the November 2017 period. If the City’s survey shows that the Fire Fighter benchmark based on the median is under the market median, the City shall confer a market adjustment to place the benchmark to the median of market, up to a cap of two and a half percent (2.5%), effective the last pay period in December 2017. Total Compensation and Survey Database Management and the Union have agreed to a compensation survey database structure. Survey Cities include: Alameda, Berkeley, Fremont, Hayward, Menlo Park Fire District, Milpitas, Mountain View, Redwood City, Pleasanton, San Jose, San Mateo, San Ramon Fire District, Santa Clara, Santa Clara County and South San Francisco. Compensation Criteria includes: top step salary, maximum longevity, maximum education, uniform allowance, EMT differential, Hazmat differential, deferred compensation, employee pick up of employer pension costs (Negative EPMC), and maximum City paid benefits (medical, dental, vision, life insurance, LTD, and EAP). The database is intended to provide one source of information concerning how the compensation paid to employees in bargaining unit job classifications compares to that paid by other employers. Formatted: Font: Not Bold, No underline Formatted: Font: (Default) Arial Formatted: Font: (Default) Arial Formatted: Font: Not Bold, No underline 11 Section 2. Out-of-Class Compensation. All represented employees who are assigned work in a higher classification for longer than four (4) continuous hours will be compensated at a higher pay rate for all hours worked during the out-of-class assignment. This provision applies as follows: Fire Fighter, Apparatus Operator, Captain or Inspector working in a higher classification: Step to step. Representation unit classification working as a Battalion Chief, 10% above 5th-Step Captain, but not to exceed 93% of Battalion Chief control point. Representation unit classification working in any other management position, within the range of the management position. Section 3. Pay for Court Appearance. Sworn Fire personnel appearing in court for the People shall be compensated as follows: Period Rate Minimum a. Appearance on scheduled Time and one-half at 4 hours day off 40-hour rate b. Any or all court time Straight time during None during scheduled shift shift at 56-hour rate c. Appearance on scheduled Time and one-half at 2 hours work day but not during 40-hour rate (2 hour minimum, may scheduled shift not run into shift time) The employee shall remit all fees received for such appearances to the City within thirty days from the termination of his/her services. Compensation for mileage or subsistence allowance shall not be considered as a fee and shall be retained by the employee. Section 4. Classifications. The Haz Mat Inspector position will be paid at the same level as the Fire Inspector (603). One Fire Captain position will be assigned to a Fire Captain (Forty-hour Assignment) with the pay set at 5% above the Fire Captain. ARTICLE VIII - PAY DIFFERENTIALS Unit employees are eligible for the following pay differentials. Notwithstanding any provision of this agreement, total differential pay shall not exceed seventeen and a half percent (17.5%). Section 1. Paramedic Differential. Paramedics who have completed the required training and have been accredited in accordance with the program and possess their paramedic license, will receive a 12.5% differential in addition to their base salary effective beginning with the date of 12 assignment to rotational Paramedic duty. The Paramedic salary differential will terminate with the cessation of assignment to rotational Paramedic duty. , except that paramedics with six or more years of Palo Alto Paramedic service will be Y-rated upon cessation of assignment. For purposes of this section, “Y-rated” means that the employee’s wage rate including the Paramedic premium is frozen until the rate the employee would have earned without the Paramedic premium equals the employee’s frozen rate.On or before 09/28/2015, employees Y-rated and those who have submitted their letters to Y-rate will be Y-rated. Section 2. Haz Mat Differential. Effective beginning with the pay period including July 1, 1990, a A maximum of nine fifteen positions who are primarily assigned to rescue and who are Haz Mat trained and certified will receive a 5% differential in addition to their base salary. This differential does not apply to minimum staffing replacements. Section 3. EMT Differential. Represented classifications, who maintain EMT certification will receive a 3% differential in addition to their base salary. The EMT differential includes compensation for EMT paramedic support. EMT certification for all suppression personnel is mandatory. Section 34. Fire Inspector Differential. Fire inspector personnel including Haz Mat inspectors and Haz Mat specialists who have been trained as fire investigators and who are regularly assigned to fire investigation duties by the Chief shall be compensated with premium pay in the amount of $500 per month. The Chief reserves the right to determine who is regularly assigned to such duties. Section 4. EMT Differential. Effective the first full pay period after adoption of the successor MOU, the City shall roll the 3% EMT differential pay into the base pay. After this one time conversion is added to base pay, this shall constitute the City’s incentive payment for EMT skills. This conversion shall be cost neutral during the term of this MOU. In the event an employee’s EMT certification expires, the employee will be taken off the line and placed in an unpaid status until the employee can submit proof of EMT recertification. ARTICLE IX - HOLIDAYS Section 1. Named Holidays. The following holidays are recognized as municipal holidays for pay purposes, and regular, employees shall have these days off with pay, except as otherwise provided in these rules: January 1 Veterans’ Day, November 11 Third Monday in January Thanksgiving Day 13 Third Monday in February Day after Thanksgiving Day Last Monday in May December 25 July 4th Either December 24, or December 31 as provided below First Monday in September Second Monday in October 149.5 hours is the total amount of holiday hours paid annually to an employee divided by 26 payroll periods which equals 5.75. Shift personnel shall receive pay in lieu of taking paid leave for accrued holidays. Such paid hours are in addition to the normal biweekly base pay. Shift personnel will accumulate a biweekly amount of 5.75 hours. Hours are prorated and accrued based on hours actually worked. If employees elect to be paid for these hours at any time before the scheduled payoff, they must make sure they have sufficient hours in their Holiday account and record the hours on their timecard in the total columns of the timecard only. Accrued Holiday balances will be automatically paid off in the months of June and December. Section 2. Conditions. a. Personnel assigned to a 40-hour work schedule will receive paid holidays in accordance with Sections 517 and 518 of the Merit System Rules and Regulations. b. Personnel assigned to a 40-hour work schedule will receive floating days off with pay in each of the following months: August, September, March, April, and June. The following conditions will hold: (1) Management will designate the schedule of the paid day off under this section at least thirty days in advance. (2) If, in conformance with this section, Management is unable to schedule a day off in the month indicated for reasons of shift operations, work scheduling or any other reason, the day will be added to the employee's vacation accrual. (3) If an employee fails to take a day off as scheduled by Management under this section, the day off so scheduled will be forfeited. ARTICLE X - OVERTIME COMPENSATION Section 1. Compensation. Shift personnel assigned to overtime relief duty in addition to their regular 56-hour shift schedule shall receive overtime compensation at a rate of one and one-half times the employee's basic 56-hour rate, or out-of-class rate if such applies, for all hours of the relief duty shift. Required off-duty training will be compensated at the rate of one and one-half times the basic 40-hour rate or as 14 otherwise agreed. Emergency callback will be compensated at a rate of one and one- half times the basic 40-hour rate to a maximum of 8 hours, and at a rate of one and one-half times the basic 56-hour rate for those hours in excess of 8 hours. Overtime duty assignments will first be made from the voluntary overtime list. If such assignments cannot be filled from the voluntary overtime list, the vacant position will be filled by moving up on-shift personnel through out-of class assignment. Any remaining vacancy will then be filled by overtime duty assignment made in reverse order of hire date seniority according to specialty and qualifications required to be assigned. The overtime duty assignment seniority list will be adjusted to clear record of assignments semi-annually on April 30 and October 31. ARTICLE XI - APPARATUS STAFFING Engine, truck and combination rescue companies shall be deployed for emergency services purposes at the level of one Fire Captain, one Fire Apparatus Operator and one Fire Fighter. Paramedic ambulance staffing shall be two personnel; the City will dispatch personnel on Emergency Medical Service calls such that a minimum of 21 licensed paramedics responds. The Foothill Fire Station #8, when activated by the Fire Chief, shall be staffed with a minimum of one Fire Apparatus Operator and one Fire Fighter. City may dispatch a two-person quick response vehicle with a minimum of 1 paramedic. ARTICLE XII - FIRE DEPARTMENT PROGRAMS Section 1. Programs. The Union agrees to continue its cooperation and participation in existing weather station and community blood pressure screening and measurement programs. ARTICLE XIII - WORK ASSIGNMENTS AND TRANSFERS It is the intent of the Palo Alto Fire Administration and Local 1319 that work assignments and transfers will reflect the best interests of the Fire Department and the City. The Fire Department will maintain a constant state of readiness to defend against fire and other disasters. It is therefore imperative that all Fire Department divisions assign personnel in the best manner to respond to the needs of the City and the Department. It is also acknowledged that the Fire Chief is responsible to make and/or approve the work assignments or transfers of Fire Department personnel. The Fire Chief or designee will maintain a two-year four-year station and shift assignment, seniority-based bid system covering the following classifications within Fire Operations on a rotational basis: Fire Captain, Apparatus Operator and Fire Fighter. 15 The Fire Chief, or his designee, shall initiate personnel assignments and transfers to balance platoon or division strength, fill permanent or temporary vacancies and provide required training to individual personnel. Such assignments will be based on seniority, except where career development, training, special assignments, skills and documented performance issues are specifically identified in writing, management may make assignments based on such issues. For purposes of this article, seniority shall be computed from the date of entry into the current classification. Section 1. Shipouts. When possible, least senior Fire Fighters will be given short term or shipout relief duty. In order to maintain training continuity, shipouts of probationary personnel will not be permitted during the first three-month training cycle. Probationary fire fighters will be assigned to Stations 1, 2, 3, 4, 5, or 6 during their probationary period, filling vacancies first, when possible. Upon completion of the first three-month training cycle, the probationary fire fighter will be eligible for short term or shipout relief duty. If after completion of the first three-month training cycle, a probationary employee fails any monthly testing process, or is the subject of identified training needs, the probationary employee will be removed from short term or shipout relief duty for a 60-day period. Section 2. Vacation Relief Positions. In order that platoon strengths can be balanced more quickly and to reduce the need for excess overtime, two positions will be designated for vacation relief. These positions will be the lowest two on the Department seniority list who have completed their probationary period. a. The vacation relief persons will be assigned to one station when not on relief assignment. b. Relief assignment can be made to any Station or shift where a shortage of personnel will cause unnecessary overtime. c. Shortages may be caused by vacation, sick leave, disability or any leave of absence that causes a shift to be short of personnel while another has a surplus. d. Shift transfers will be made so as not to cause the relief person to work more than the prescribed number of hours in the prescribed period. e. Relief assignments will be made and hours will be coordinated by the Battalion Chief's office. Section 3. Transfer Requests. Non-probationary fire personnel may submit transfer requests to their immediate supervisor to be forwarded to the appropriate chief officer. Providing that Departmental needs are satisfied, such transfers will be administered using first a mutually agreeable exchange, secondly seniority. 16 The transfer requests shall remain on file during the year and may be granted when a vacancy occurs, providing the requesting employee possesses the experience and performance ability required to fill the vacancy. Section 4. Special Assignments. Management reserves the right to assign personnel to career development opportunities, special projects, seminars, programs and selected educational and/or training courses, based on Fire Department needs and the performance of the employee. . Section 5. Continuous Hourly Service. Continuous hours of service in excess of 72 hours are subject to approval by the Fire Chief or designee. Approval may be granted when an employee has not been engaged in a greater than usual level of activity or is not fatigued. ARTICLE XIV - TRAINING COORDINATION Section 1. Coordination. Three shift employees per platoon may be assigned to assist the Training Officer in the coordination, preparation and scheduling of the training program. It is agreed that volunteers will first be sought for such assignment, and further agreed that the details of this section shall be established by mutual agreement between the Fire Chief and the Union. ARTICLE XV - PARAMEDIC ASSIGNMENT Section 1. Limit of Eligibility. The City reserves the right to limit eligibility for the Paramedic Program to the Fire Fighter classification. The City may, at its discretion, add other classifications within the represented bargaining unit to meet the need of program changes. Differentials for other classifications will be as provided in Article VIII, Section 1. Section 2. Additional Candidate Training. As the Program progresses, Management will assess the need for training additional Paramedic candidates. It is Management's intention to provide for such additional training as necessary for Program continuity. Section 3. Incentives. Paramedics will receive a one-time cash payment of $500 for each biennial recertification. This provision applies only to active incumbents of authorized paramedic positions who remain in the paramedic assignment for at least one additional year after recertification. The one year requirement after recertification does not apply to those paramedics who may leave the program because of work-related injury or illness, or promotion, nor does it apply when a paramedic is asked by management to recertify in order to voluntarily extend their paramedic service to meet special departmental needs for a period of less than one year. 17 Section 4. Proctoring. Paramedic proctoring assignments will be made by the Chief from among qualified volunteers. Payment of $600 will be made to the primary proctoring paramedic at the conclusion of each proctoring assignment. The Chief or his or her designee will maintain a list of qualified proctors from among volunteers. Personnel will be selected by the Fire Chief or his or her designee from the list to serve as paramedic proctors. If a conflict arises between the City and the Union regarding the Proctor Program, either side may suspend the program at the annual renewal period and shall remain suspended until a resolution or agreement is reached. ARTICLE XVI - FIRE FIGHTER APPRENTICE PROGRAM Section 1. Implementation. The Union agrees to assist the City in the implementation of an apprentice, training and affirmative action equal employment opportunity program. Trainees under such programs shall be provided with all benefits, including retirement benefits, of other fire fighters except salary. Section 2. Beginning Fire Fighting Suppression Work. Employees hired under the apprentice training program may begin fire fighting suppression work after they have reached the Trainee II level. . Section 3. Testing Process. Local 1319 shall be represented and entitled to participate in all stages of the testing process, and representatives from Local 1319 shall make recommendations to the department concerning the qualifications of any apprentice. ARTICLE XVII - PROMOTION Section 1. Promotion Step Level. All regular promotions from classifications within the representation unit to the classification of Fire Captain will be made at the fifth step on the salary range. Section 2. Promotion Process Information. For promotions to positions within the representation unit, promotion process information will be available in the Human Resources Department office at the time of posting. Information will include applications, minimum qualifications, study material reference information, if appropriate, and information on passing scores. Any changes in an established testing process must be submitted in writing to the Union for review and input no fewer than 60 days prior to the beginning of the process. ARTICLE XVIII - REDUCTION IN FORCE 18 Section 1. Order of Reduction. If the work force is reduced (reduction in force) within a represented classification, unit employees having the shortest length of service with the Fire Department will be laid off first so long as employees retained are fully qualified, trained and capable of performing remaining work. ARTICLE XIX - SELECTIVE CALL BACK WITH REGARD TO RESIDENCY Section 1. In Case of Emergency Management may use selective call back with regard to residency in cases of emergency. ARTICLE XX - HEALTH BENEFITS Section 1. Maintenance of Levels Except as otherwise set forth herein, the City will maintain the present level of benefits on all City-sponsored medical programs. Section 2. Vision Care. The City offers vision care coverage for employees and dependents. Coverage is equivalent to $20 Deductible Plan A under the Vision Service Plan, with monthly premiums paid by the employer. Dependents include domestic partners, as defined under Article XX Section 3(b). Section 3. PEMHCA Health Plan. a. ACTIVE EMPLOYEES: Benefits will be provided in accordance with provisions of the PEMHCA Health Plans. If PERS changes the plans it offers, the City and the Union will meet and confer over the City continuing to provide an equivalent benefit at an equivalent cost. Effective October 22, 2011upon ratification and through December 31, 2016, the City and employees in this Unit will share medical premium costs as shown in the table below, with the City paying 90% of the monthly medical premium for the employee-selected PEMHCA optional plan, not to exceed a total of 90% of the monthly premium for the second most expensive plan among the existing array of plans. If an employee selects the most expensive plan, the City will pay up to 90% of the 2nd most expensive plan premium and the employee will pay the balance. During the term of this contract, the maximum City contribution towards medical premiums for eligible full time employees per employee category shall be up to a maximum of the following for any plan: b. ACTIVE EMPLOYEES: Effective January 1, 2017, the maximum City contribution towards medical premiums for eligible full time employees per employee category shall be up to a maximum of the following for any plan: 19 Medical Premium Category PEMHCA contribution* Up to a Total Maximum City Contribution Effective January 1, 2016 Up to a Total Maximum City Contribution Effective January 1, 2017 Up to a Total Maximum City Contribution Effective January 1, 2018 Employee only $125.00 90% of monthly premium for plan selected by employee Not to exceed 90% of the second most expensive plan premium $773.00 $804.00 Employee plus one $125.00 90% of monthly premium for plan selected by employee Not to exceed 90% of the second most expensive plan premium $1,544.00 $1,606.00 Employee Family $125.00 90% of monthly premium for plan selected by employee Not to exceed 90% of the second most expensive plan premium $2,008.00 $2,088.00 Effective with the first pay period including January 1, 2016, the City’s total maximum contribution towards medical premiums for eligible part time employees shall be prorated based on the number of hours per week the part-time employee is assigned to work. *PEMHCA minimum changes per statutory determination as of 2016. Any increases to the PEMHCA minimum during the term of this contract will result in a corresponding decrease to the amount of the additional City contribution, so that the total maximum City contribution never exceeds the amount listed in the “Total Maximum City Contribution” columns above. Formatted: Font: Arial, No underline 20 If the State of California or federal government requires the City to participate and contribute toward coverage under any medical plan outside of PEMHCA including but not limited to the Affordable Care Act, the City’s total liability for enrolled employees and retirees and their eligible family members shall not exceed what the City would have paid toward PEMHCA coverage in the absence of such state or federal plan. The parties will meet and confer over the impact of such change on matters within the scope of representation before implementing any change. b. Active employee domestic partners whose domestic partnership is registered with the State of California will be eligible for medical benefits under this sectionmay add their domestic partner as a dependent to their elected health plan coverage if the domestic partner is registered with the Secretary of State. Active employee domestic partners whose domestic partnership is not registered with the State but who meet the requirements of the City of Palo Alto Declaration of Domestic Partnership, and are registered with the Human Resources Department, will be eligible for reimbursement of the actual monthly premium cost of an individual health plan, not to exceed 90% of the average monthly premium cost of individual coverage under the PEMHCA health plans in 2016. Effective with the first pay period including January 1, 2017, a stipend of two hundred eighty four ($284) per month toward the cost of an individual health plan will be provided. Evidence of premium payment will be required with request for reimbursement. c. Alternate Medical Benefit Program. For calendar year 2016, if a regular employee and/or the employee’s dependent(s) are enrolled in medical insurance through another employer-sponsored or association medical plan, the employee may opt for alternative medical insurance coverage through the other employer-sponsored or association plan and waives his/her right to the City of Palo Alto’s medical insurance coverage for same individuals. Employees electing alternative coverage and no City coverage will receive cash payments of approximately half of the “averaged monthly City contribution toward premiums” for their medical insurance coverage. “Averaged monthly premiums” are the average of the Kaiser HMO, Blue Shield HMO and PERS Choice PPO premiums for the employee’s City medical coverage available through the Public Employee Retirement System (PERS). The monthly rates for 2016 are as follows: One party: $340.51 Two party: $681.02 Family: $885.33 Effective with the first pay period including January 1, 2017, Iif a regular employee and/or the employee’s dependent(s) are eligible for and elect to receive medical 21 insurance through any non-City of Palo Alto sponsored or association medical plan, the employee may choose to waive his/her right to the City of Palo Alto’s medical insurance coverage and receive cash payments in the amount of two hundred and eighty four dollars ($284) for each month City coverage is waived. Examples of waivers eligible for this payment are: • Employee waives all applicable City medical coverage; or • Employee is eligible to enroll his or her spouse or domestic partner and waives medical coverage for the spouse or domestic partner; or • Employee has additional eligible dependents and waives family-level medical coverage. Participation must result in a health insurance cost savings to the City and payments per employee shall not exceed a total of two hundred eighty four dollars ($284) per month. To participate in the program the employee and dependents must be eligible for coverage under PEMHCA medical plans, complete a waiver of medical coverage form, and provide proof of eligible alternative medical coverage. Payments will be made in the employee’s paycheck beginning the first month following the employee’s completion of the waiver form. Payments are subject to state and federal taxes and are not considered earnings under PERS law. Employees are responsible for notifying the City of any change in status affecting eligibility for this program (for example, life changes affecting dependent’s eligibility for medical coverage through the employee) and will be responsible for repayment of amounts paid by the City contrary to the terms of this program due to the employee’s failure to notify the City of a change in status. d. Dual Coverage. When a City employee is married to another City employee each shall be covered only once (as an individual or as a spouse of the other City employee, but not both) and dependent children, if any, shall be covered only by one spouse. enrolled in medical insurance through another employer-sponsored or association medical plan, the employee may opt for alternative medical insurance coverage through the other employer-sponsored or association plan and waives his/her right to the City of Palo Alto’s medical insurance coverage for same individuals. Employees electing alternative coverage and no City coverage will receive cash payments of approximately half of the “averaged monthly City contribution toward premiums” for their medical insurance coverage. “Averaged monthly premiums” are the average of the Kaiser HMO, Blue Shield HMO and PERS Choice PPO premiums for the employee’s City medical coverage available through the Public Employee Retirement System (PERS). The monthly rates for 2011 are as follows: One party: $301.32 22 Two party: $602.63 Family: $783.42 The monthly rates for 2012 are as follows: One party: $284.36 Two party: $568.71 Family: $739.32 The Alternative Medical Benefit Program rates for subsequent years covered by this agreement will be determined when the California Public Employees Retirement System formally announces the health plan rates applicable for the year in which they are to apply. ARTICLE XXI - DENTAL BENEFITS Section 1. Level of Benefits. The City will maintain the present level of benefits on the City-sponsored dental program. Maximum benefits per calendar year shall be $2,000. Section 2. Premiums. The City shall pay all premium payments or equivalent self- insured program charges on behalf of employees and dependents who are eligible and enrolled for coverage under the existing dental plan. Dependents will include domestic partners, as defined under Article XX, Section 3(b). Section 3. Orthodontia Benefit Maximum. The City will provide a 50% of reasonable charges, $2,000 lifetime maximum orthodontic benefit for representation unit employees and their dependents. ARTICLE XXII - LIFE INSURANCE Section 1. Premiums. The City currently pays the following amounts of premium on behalf of Fire personnel: Per Pay Period Per Month (Approx.) Basic Life Insurance and Basic ADD $.085 $ .185 (per $1,000 of coverage) The basic life insurance provided by the City shall equal the employee’s base monthly salary multiplied by twelve. ARTICLE XXIII - RETIREMENT BENEFITS 23 Section 1. PERS Retirement Formula. Safety Pension Group A: 3%@50 Safety Retirement The City will continue the present benefits under the Public Employees' Retirement System (PERS) "3 percent at 50 (3%@50)" formula for employees hired before the effective date of the “3 percent at 55” (3%@55) formula for new hires as described herein. The final year compensation for employees hired under the 3% at 50 formula will continue to be “Single highest year” or the highest average annual compensation earnable by the member during one (1) year of employment immediately preceding retirement or the one-year period otherwise designated by the member (Government Code section 20042). Second TierSafety Pension Group B: 3%@55 Safety Retirement Effective December 7, 2012, As soon as administratively possible after City Council adoption of this MOA, the City shall amended its contract with CalPERS to provide such employees hired on or after the effective date of the CalPERS amendmentthat date who are not “new members” of CalPERS, as defined in the Public Employees’ Pension Reform Act (ofter referred to as “classic” CalPERS members) with the CalPERS retirement formula three percent of final salary at age 55 (“3%@55”), with the final salary determination for such employees of “3 highest consecutive years” based on the highest average annual compensation earnable by the member during three (3) consecutive years of employment immediately preceding retirement or the three-year period otherwise designated by the member (Government Code section 20037). Safety Pension Group C: 2.7% at Age 57 Safety Retirement Employees hired on or after January 1, 2013 meeting the definition of “new member” under the Public Employees’ Pension Reform Act (Gov’t. Code s. 7522 et seq.) shall be subject to all of the provisions of that law, including but not limited to the two point seven percent at age 57 (2.7%@57) retirement formula with a three year final compensation period. Section 2. Employer Paid Member Contribution (EPMC) . A. Effective with the second pay period in January 2010 the City ceased paying the 9% PERS member contribution and increased base wage rates by approximately 9% which employees used to pay the 9% PERS member contribution. B. Effective October 22, 2011 the wages for all classifications in the bargaining unit will be reduced by 9% (see Article VII Salary Provisions). Simultaneously, effective October 22, 2011, the City will begin paying on behalf of employees 2.5% of the 9% PERS member contribution. Such payments will be reported to PERS as special compensation, making the City’s contribution “PERSable”. C. Effective the pay period including July 1, 2012, the City will cease making employer- 24 paid contributions toward the PERS Member Contribution and employees will pay the full 9% member contribution. Section 2. PERS Member Contribution. a. Employees in all represented classes in Pension Groups A and B described above will make the 9% PERS member contributions by payroll deduction b. Employees in all represented classes in Pension Group C described above shall pay the employee contribution required by the Public Employees’ Pension Reform Act, currently calculated at fifty percent (50%) of the normal cost. a. Effective October 22, 2011 employees shall pay six and one-half percent (6.5%) of the nine percent (9%) PERS Member Contribution. b. Effective with the pay period including July 1, 2012, employees shall pay the full nine percent (9%) PERS Member Contribution. c. When employees pay their PERS Member Contribution pursuant to section 3a and 3b above, the City will provide for member contributions to be made as allowed under provisions of IRS Code Section 414(h)(2). Section 3. Additional Employee PERS contributions In addition to the PERS member contribution as required under section 2. a, b and c above, all employees in pension groups a, b and c shall contribute the additional following contributions: • Effective as soon as administratively possible all employees regardless of pension formula in this unit shall, in addition to the Member Contribution required per CalPERS 20516 contract amendment, pay an additional 1% towards the Employer share of Pension. • Effective as soon as administratively possible but no sooner than the pay period that includes June 30, 2016, all employees regardless of pension formula in this unit shall, in addition to the Member Contribution required, pay an additional 1% towards the Employer share of Pension for a total of 2%. • Effective as soon as administratively possible but no sooner than the pay period that includes June 30, 2017, all employees regardless of pension formula in this unit shall, in addition to the Member Contribution required, pay an additional 1% towards the Employer share of Pension for a total of 3%. Such contributions under CalPERS 20516 will be provided on a pre-tax basis to the extent allowable by law. 25 Section 4. Option 2 Death Benefit. The City provides the Pre-Retirement Option Settlement 2 Death Benefit. The Pre-Retirement Optional Settlement 2 Death Benefit provides the spouse of a deceased member, who was eligible to retire for service at the time of death, with an alternate option to the lump sum Basic Death Benefit whereby the surviving spouse can elect a monthly allowance equal to the amount the member would receive if he/she had retired from service on the date of death and elected Optional Settlement 2 (the highest monthly allowance a member can leave a spouse). Section 5. Military Service Credit. The City will provide the Public Employees’ Retirement System benefit known as “Section 20930.3, Military Service Credit as Public Service.” Section 6. 1959 Survivor Benefit. The City will continue to provide the basic level of 1959 PERS Survivor Benefit to eligible employees in accordance with Government Code section 21571. ARTICLE XXIV - RETIREMENT MEDICAL PLAN Section 1. Retiree medical coverage for Unit employees hired before January 1, 2004: Monthly City-paid premium contributions for a retiree-selected PEMHCA optional plan will be made in accordance with the Public Employees' Medical and Hospital Care Act Resolution for employees that retire on or before December 31, 2006. Effective January 1, 2007 for an employee retiring on or after that date the City will pay up to the monthly medical premium for the 2nd most expensive plan offered to IAFF employees among the existing array of plans. However, the City contribution for an employee hired before January 1, 2004 who retires on or after December 1, 2011 shall be the same contribution amount it makes for active City employees. Any employees who retire before November 30, 2011 shall not be required to pay any premium contribution effective December 1, 2011, excluding any required dependent contribution described below. For 2011 calendar year, the City's contribution toward dependent coverage is 90% of the difference between the "applicable "Employee and One Dependent" or "Family" maximum employer contribution for active fire personnel and the maximum employer contribution for "Employee Only" coverage. This contribution for dependents will increase annually by 5% of the difference between the single party premium and the two party or family premium, until such time as the premium of the affected dependent(s) is fully covered in calendar year 2013. Effective upon ratification and adoption of this Agreement, the City shall provide active unit employees who were hired before January 1, 2004 with a one-time opportunity to opt-in to retiree health benefits provided under California Government Code section 26 22893. Eligible employees who wish to exercise this option shall inform the People, Strategy, and Operations department of their election in writing no later than 90 days following the ratification and adoption of this Agreement. Section 2. 20-Year Vesting for Retiree Medical Coverage for Unit Employees Hired On Or After January 1, 2004: a) The retiree health benefit provided in California Government Code section 22893 shall apply to all employees hired on or after January 1, 2004. Under this law, an employee is Twenty (20) year vesting in PERS system for the full retiree medical benefit specified in the preceding paragraph, including a minimum of five (5) years with the City of Palo Alto. eEligible employees to receive Fifty (50) percent of benefit after ten (10) years; each additional service credit year after Ten (10) years will increase employer credit by Five (5%) percent until Twenty (20) years is reached at which time employee is eligible for One Hundred (100%) percent of annuitant-only coverage and Ninety (90%) percent of the additional premium for dependents. Notwithstanding any other term of this section, the City of Palo Alto’s health premium contribution for eligible post January 1, 2004 hires shall not be less than the minimum contribution set by PERS under Government Code Section 22893 based on a weighted average of available health plan premiums. ARTICLE XXV - DEPENDENT CARE ASSISTANCE PROGRAM (DCAP) Section 1. DCAP. The City will provide a dependent care assistance program for employees subject to the provisions of applicable law. The program will remain in effect subject to a reasonable minimum participation level and availability of third party administrative services at a reasonable cost. ARTICLE XXVI - VACATION ACCRUAL Section 1. Accrual Rate. All eligible fire suppression persons shall accrue vacation at the following rate for continuous service performed in a pay status. Non-shift representation unit employees shall accrue the 40-hour equivalent--one shift equals sixteen hours. a. For employees completing less than four years continuous service, the accrual rate shall be five duty shifts per year. b. For employees completing four but not more than nine years continuous service, the accrual rate shall be eight duty shifts per year. 27 c. For employees completing nine but not more than 14 years continuous service, the accrual rate shall be 10 duty shifts per year. d. For employees completing 14 but less than 19 years continuous service, the accrual rate shall be 11 duty shifts per year. e. For employees completing 19 or more years continuous service, the accrual rate shall be 12 duty shifts per year. Section 2. Unused At Termination. Represented employees who fail to use all vacation as accrued may continue the accrual balance and be entitled to all accrued but unused vacation upon termination, except as limited below. Section 3. Limits. Vacation accrual balances shall be limited to three times the annual accrual rate. Accrual credit beyond this limit shall not be recognized or compensated, except that for employees of record as of January 1, 1984 who have vacation excess on a one-time basis shall be set aside (banked) to be subsequently used as vacation or paid at termination. No additions may be made to the bank. The bank is established only to facilitate changeover from unlimited to three times annual accrual rate limitation on vacation accrual as herein provided. ARTICLE XXVII - USE OF VACATION Section 1. Maximum Number of Slots. The maximum number of vacation scheduling slots for representation unit suppression employees is four (4) per platoon on a year- round basis. Section 2. Approvals. Vacation scheduling must be approved by the Battalion Chief or Fire Chief. The minimum is twelve (12) hours or more for suppression employees. Advance vacation schedules for suppression shall begin either at 8:00 a.m. or 8:00 p.m. Section 3. Vacation Pay. Vacation pay shall be made available in advance of regular pay day provided that employee requests such advance in writing to the Finance Department at least two weeks prior to his/her vacation date. The employee's supervisor must verify vacation date on the request. Section 4. Illness on Vacation. When an employee becomes ill while on vacation and such illness can be supported by a statement from an accredited physician or the employee is hospitalized for any period, the employee shall have the period of illness charged against sick leave and not against vacation leave. Section 5. When to be Taken. The time at which an employee may use accrued vacation leave and the amount to be taken at any one time shall be determined by the 28 Chief with particular regard for the needs of the City, but insofar as possible, considering the wishes of the employee. Section 6. Limitation on Use. Employees may not use more than three times their annual rate of accrual in any calendar year period provided, however, that the Chief may grant exceptions to this limitation. Section 7. Waiting Period. Employees shall complete six months continuous service before using accrued vacation leave. Section 8. Double Compensation Prohibited. Employees shall not work for the City during their vacation. Section 9. Cash out Option. Once each calendar year an employee may cash out eight (8) or more hours of vacation accrual in excess of eighty (80) hours to a maximum of one hundred twenty (120) hours; PROVIDED, that the employee has taken eighty (80) hours of vacation off with pay in the previous twelve (12) months. ARTICLE XXVIII - SICK LEAVE Section 1. Statement of Policy. Sick leave shall be allowed and used only in case of actual personal sickness or disability, medical or dental treatment, or as authorized in Section 9. Up to six (6) days (72 shift hours for suppression personnel) sick leave per year may be used for illness in the immediate family (wife, husband, child, parent, parent-in-law, brother, sister, registered domestic partner, or close relative residing in the household of the employee.) Section 2. Eligibility. Regular employees shall be eligible to accrue and use sick leave. Section 3. Accrual. Sick leave shall be accrued bi-weekly, provided the employee has been in a pay status for 50 percent or more of a bi-weekly pay period. Sick leave shall be accrued at the rate of six shifts per year. Section 4. Accumulation. Accumulated sick leave may be accrued without limit, except as provided in Section 8 below. Section 5. Use. Sick leave may be used as needed and approved, to the point of depletion, at which time the employee will no longer receive pay for sick leave. A new employee may, if necessary, use up to forty-eight (48) hours or shift equivalent of sick leave at any time during the first six months of employment. Any negative balances generated by such utilization will be charged against future accrual or deducted from final paycheck in the event of termination. 29 An employee who has been disabled for 60 consecutive days and who is otherwise eligible both for payment under the long-term disability group insurance coverage and accrued sick leave benefits may, at his/her option, choose either to receive the long- term disability benefits or to utilize the remainder of his/her accrued sick leave prior to applying for long-term disability benefits. Sick leave will not be granted for illness occurring during any leave of absence other than sick leave, unless the employee can demonstrate that it was necessary to come under the care of a doctor while on such other leave of absence. When an employee finds it necessary to be absent for any reason, he/she should cause the facts to be reported to the department within 60 minutes prior to his/her regular starting time on the first working day of absence, and shall regularly report on, or account in advance for each work day thereafter unless hospitalized or otherwise indisposed. Such reports may be subject to written documentation. Sick leave shall not be granted unless such report or advance accounting has been made, provided, however, that the department head may grant exception to this policy where the circumstances warrant. Section 6. Depletion of Sick Leave Benefits. Upon depletion of sick leave or the beginning of the period to be covered by payments under long-term disability group insurance coverage, whichever comes first, an employee may be granted a medical leave of absence without pay for a period not exceeding sixty days. If the employee is unable to return to work at the end of this period, he/she must request further medical leave which will be subject to the approval of the City Manager. If further leave is granted, the employee must notify the City of intent to return to work every thirty days. If further leave is not granted, the employee's service with the City shall be considered terminated. Section 7. Forfeiture Upon Termination. Employees leaving the municipal service shall forfeit all accumulated sick leave, except as otherwise provided by law and Section 8. In the event that notice of resignation is given, sick leave may be used only through the day which was designated as the final day of work by such notice. Section 8. Payment for Accumulated Sick Leave. Eligible employees (those hired before December 31, 1983) who leave the municipal service in good standing, or who die while employed in good standing by the City, and who have fifteen or more years of continuous service, shall receive compensation for unused sick leave hours in a sum equal to two and one-half percent of their unused sick leave hours multiplied by their years of continuous service and their basic hourly rate of pay at termination. Full sick leave accrual will be paid in the event of termination due to disability. For new employees hired after December 31, 1983, sick leave accrual accumulation will be limited to 1,000 hours with no payoff provisions for unused balance at termination for any reason. 30 Section 9. Personal Business Leave Chargeable to Sick Leave. It is agreed between the parties that all shift personnel represented by the Union shall have the right to charge up to forty-eight (48) hours personal business leave per year to sick leave, and that all non-shift personnel shall have the right to charge up to twenty (20) hours personal business leave per year to sick leave. Such personal business leave shall be allowed only on a staffing available basis and where the provisions of the minimum staffing agreement are not affected. "Staffing available" means at or above minimum staffing levels as defined in Article XII. Section 10. Return to Work or Continue Work With Limited Duty. In cases of non-work-related injury, illness or pregnancy an employee, upon approval of the Fire Chief and the City Safety Officer, may return to work or continue work with doctor-approved limited duty. Approval for such limited duty shall be based upon department ability to provide work consistent with medical limitations and the length of time of the limitations. Shift employees must be willing to accept any non-shift limited duty schedule work location and may be subject to the reasonable availability of limited duty assignments. The City doctor may be consulted in determining work limitations. ARTICLE XXIX - SUBPOENAS Employees required to answer subpoenas as a witness for the City of Palo Alto or for a plaintiff where the City of Palo Alto is a defendant shall not lose pay or benefits for work time lost to answer depositions or to appear in court. ARTICLE XXX - WORKERS' COMPENSATION Section 1. Status Reporting While on Disability. Persons on disability will be required to appear or otherwise report at regular two-week intervals to the Fire Chief or designate to discuss his/her status of medical treatment therapy and physical condition. This section is not meant to unreasonably restrict employee's activities so long as such activities are cleared by the treating physician, treating program or alternative treatment program is maintained and employee is available for full or restricted duty as soon as medical clearance can be received. ARTICLE XXXI - PHYSICAL FITNESS MEDICAL EXAMINATIONS Physical fitness medical examinations for all represented employees may include chest x-rays every three years unless otherwise directed by a physician, eye examination and hearing examination. ARTICLE XXXII- LEAVES OF ABSENCE WITHOUT PAY 31 Section 1. Disability. Leaves of absence without pay may be granted in cases of disability not covered by sick leave. Pregnancy will be considered as any other disability. Leaves of absence for disability are subject to physician's verification including diagnosis and medical work restriction. Section 2. Other Leaves. Leaves of absence without pay may be granted in cases of personal emergency or when such absences would not be contrary to the best interest of the City. Non-disability prenatal and/or postpartum leave is available under this provision, but such leave shall not begin more than six months prenatal nor extend more than six months postpartum. Section 3. Accrued Vacation Credits. During unpaid leaves of absence for disability or other reasons, the employee may elect to use accrued vacation credits. Requests for leaves without pay shall not be unreasonably denied. In order to avoid misunderstandings, all leaves without pay must be in writing to be effective. Section 4. Approval of Department Head. Leave of absence without pay for one week or less may be granted by the department head, depending on the merit of the individual case. Section 5. Approval by City Manager. Leave of absence without pay in excess of one week's duration may be granted by the City Manager on the merit of the case, but such leave shall not exceed twelve months' duration. Section 6. Absence Without Leave. Unauthorized leave of absence shall be considered to be without pay, and reductions in the employee's pay shall be made accordingly. Unauthorized leave of absence may result in termination of employment. Section 7. Leave of Absence; Death Outside the Immediate Family. Leave without pay may be granted a regular employee by his/her department head in the event of death to family members other than one of the immediate family, such leave to be granted in accordance with Section 2 and Section 4. Section 8. Military Leave of Absence. State law shall govern the granting of military leaves of absence and the rights of employees returning from such absence. Section 9. Use of paid accruals while on leave. During unpaid leaves of absence for disability or other reasons, the employee may elect and the City may require the employee to use accrued vacation paid leave credits in a manner consistent with state and federal law. Requests for leaves without pay shall not be unreasonably denied. In order to avoid misunderstandings, all leaves without pay must be in writing to be effective. 32 ARTICLE XXXIII - LEAVES OF ABSENCE WITH PAY Section 1. City Manager Granted Leaves. The City Manager may grant a regular employee under his control a leave of absence with pay for a period not exceeding thirty calendar days for reasons he deems adequate and in the best interest of the City. Section 2. Council Granted Leave. The City Council may grant a regular employee a leave of absence with pay for a period not to exceed one year for reasons the Council considers adequate and in the best interest of the City. Section 3. Employee's Time Off to Vote. Time off with pay to vote at any general or direct primary election shall be granted as provided in the State of California Elections Code, and notice that an employee desires such time off shall be given in accordance with the provisions of said Code. Section 4. Leaves of Absence; Death in Immediate Family. Leave of absence with pay of one shift with provision for approval of one additional shift for travel outside the area may be granted an employee by the Chief in the event of death in the employee's immediate family, which is defined for purposes of this section as wife, husband, son, son-in-law, daughter, daughter-in-law, father, mother, brother, brother-in-law, sister, sister-in-law, mother-in-law, father-in-law, grandfather, grandfather-in-law, grandmother, grandmother-in-law, uncle, aunt, registered domestic partner, or a close relative residing in the household of the employee. Such leave shall be at full pay and shall not be charged against the employee's accrued vacation or sick leave. Requests for leave in excess of two shifts shall be subject to the approval of the City Manager. Section 5. Jury Duty; Leave of Absence. Employees required to report for jury duty shall be granted a leave of absence with pay from their assigned duties until released by the court, provided the employee remits to the City all fees received for such duties other than mileage or subsistence allowances within thirty days from the termination of his or her jury service. ARTICLE XXXIV – VOLUNTEER LEAVE PROGRAM The City of Palo Alto has established a Firefighter Voluntary Leave Program to provide members of Local 1319 International Association of Fire Fighters (IAFF) employees the opportunity to donate their accrued vacation time to assist fellow members of IAFF either due to: (a) an employee’s own verifiable non-industrial catastrophic illness or injury (as defined herein) or (b) in order to care for a member of the employee’s immediate family (spouse, child, parent or registered domestic partner suffering from a verifiable catastrophic illness or injury) and have exhausted or will presently exhaust all of their paid leave. In order to be eligible to receive donated leave, an employee must have a catastrophic illness or injury or an employee’s immediate family member must have a catastrophic illness or injury that requires the employee to provide full-time care for this family 33 member. Care will be taken to emphasize the voluntary nature of the plan and to insure confidentiality of employee participants and medical conditions (where applicable). A Firefighter Voluntary Leave Sharing Program has been established to accept donations of vacation in accordance with the Program’s guidelines. All donations shall be: 1. Voluntary 2. Irrevocable 3. Confidential, unless disclosure is required by law 4. In whole hour increments of at least four (4) hours, with the hours donated being converted to donee hours based on the donee’s salary rate (so that there will be no cost to the City due to salary differential). 5. The employee shall be required to exhaust all other types of leave to request donated leave 6. It is understood that employees seeking or receiving leave under this program will apply for long-term disability benefits for which they may be eligible 7. Where any of the period during which an employee receives donated leave is designated as family leave under the California Family Rights Act (CFRA/Family Medical Leave Act (FMLA), the employee will be eligible for continuation of medical and other available benefits during that the family leave period (for up to 12 weeks), in accordance with the requirements of those laws. If the employee receiving donated leave is not eligible for CFRA/FMLA benefit continuation, or after the employee has exhausted the available CFRA/FMLA leave period, the employee will need to pay the premiums for continued medical and other available benefits if the employee chooses to continue such coverages through the City 8. If the donation request is based on the need for an employee to care for an immediate family member, as defined above, the family member must require full-time care by the employee. Certification of this requirement by a health care professional is required 9. The maximum donated time a donee may receive is 12 months (if available). 10. Applications to donate leave or receive leave under this Program are made to the Human Resources Department 11. This is a pilot program and is subject to cancellation by either party IAFF members interested in donating leave or in applying to receive donated leave shall complete forms provided by the Human Resources Department. If an applicant for leave is found to meet the criteria set forth herein, Human Resources will determine the availability of and (as applicable) allocation of donated paid leave. Payroll will be notified in writing of the number of hours to be deducted from each donating employee’s vacation balance and transferred to the donee employee(s). The City reserves the right to modify or terminate this program at any time. 34 Catastrophic Illness or Injury (also referred to as “medical emergency” in Revenue Ruling 90-29 and Sections 801(c) and 812 of the Merit Rules and Regulations): A non- occupational medical condition of an employee that will require the prolonged absence of the employee from duty and which will result in a substantial loss of income to the employee because the employee will have exhausted all paid leave available apart from the Voluntary Employee Leave sharing Program. Non-disability postpartum leave as referenced in Merit Rule 801(b) shall not be considered a catastrophic illness or injury under this Policy. ARTICLE XXXV- TUITION REIMBURSEMENT Section 1. Options. Effective July 1, 2004 the tuition reimbursement program was amended to provide each employee the option of receiving the $1,000 as taxable cash or as a contribution to deferred compensation. The tuition reimbursement program will be eliminated effective July 1, 2012 with no further payouts starting in FY 12-13 and on-going. ARTICLE XXXVI - PER DIEM TRAVEL EXPENSES Section 1. City Business. Unless other mutually agreeable arrangements are made, representation unit employees who are required to travel away from the City on City business will receive travel expenses, according to City policies which are currently in effect. ARTICLE XXXVII - HOUSE FUND ITEMS Section 1. Station House Fund. The station house fund per year, per shift employee shall be $48.00. Section 2. Non-Food House Items. The City agrees to furnish and maintain each fire station with non-food house fund items: TV purchase and repair, the San Jose Mercury News, and the San Francisco Chronicle to be selected on an annual basis. Kitchen cooking utensils, small kitchen appliances and other specific items to be determined by mutual agreement of the parties will be purchased from the station house fund. The Fire Fighters agree to maintain the voter registration program. ARTICLE XXXVIII - PARKING Section 1. Entitlements. Employees in represented classes assigned to Civic Center or adjacent work locations shall be entitled to free parking in the Civic Center Garage, or 35 a commute incentive which will be subject to meet and confer. Employees hired after July 1, 1994, may initially receive a parking permit for another downtown lot, subject to availability of space at the Civic Center Garage. Light duty employees assigned to the Civic Center will receive Civic Center parking temporary permits for the duration of the light duty assignment. ARTICLE XXXIX- GRIEVANCES The City and the Union agree to establish a grievance procedure as follows: 1. Definition: A grievance is any complaint or dispute regarding the application of interpretation of this Memorandum of Understanding, rules, regulations, policies or procedures relating to wages, hours or other terms and conditions of employment. 2. Any non-probationary employee represented by the Union may file and process a grievance. Such aggrieved employees may be represented by the Union or may represent themselves in preparing and presenting their grievance at any level of review. The Union may file a grievance when a Union right not directly related to an individual employee becomes subject to dispute. 3. Any retroactivity on monetary grievances shall be limited to the date of occurrence, except in no case will retroactivity be granted prior to three months before the grievance was filed in writing. 4. Written grievances shall be submitted on forms provided by the City or on forms which are mutually agreeable to the City and the Union. The Union shall deliver a copy of a written grievance to the Human Resources Department Director on the same date that it is first filed with another City representative under the provisions of the below grievance procedure. 5. The time limits specified in this section may be extended by mutual agreement in writing of the aggrieved employee or Union and the reviewer concerned. Should a decision not be rendered within a stipulated time limit, the aggrieved employee may immediately appeal to the next step. The grievance will be considered settled if the decision of any step is not appealed within the specified time limit. 6. If a grievance is related to a promotional process to positions within the representation unit, Step I shall be directed to the Deputy Fire Chief (or Fire Marshal for FPB positions). 7. Step I. The aggrieved employee will first attempt to resolve the grievance through informal discussions with the immediate supervisor by the end of the seventh tenth business calendar day following the discovery of the incident upon which the grievance is based. Every attempt will be made to settle the issue at this level. 36 Step II. If the grievance is not resolved through informal discussion, it may be submitted in writing to the Battalion Chief (Deputy Fire Chief for Captain grievances) within seven ten business calendar days of the informal discussion. The Battalion Chief/Assistant Fire Chief will have seven ten business calendar days from receipt of the grievance to review the matter and prepare a written response. If the grievance is denied, the response shall contain the reasons therefore. Step III. If the grievance is not resolved in Step II, it may be submitted in writing to the Fire Chief within seven ten business calendar days of receipt of the Battalion Chief's/ Deputy Fire Chief's written response. The Fire Chief will have seven ten business calendar days from receipt of the grievance to review the matter and prepare a written response. If the grievance is denied, the response shall contain the reasons therefore. Step IV. If the grievance is not resolved in Step III, the aggrieved employee may submit the grievance to the City Manager for final determination or to binding grievance arbitration. All Step IV appeals must be filed in writing at the Human Resources Department Office within seven ten business working days of receipt of the Fire Chief's response under Step III. All hearings before the City Manager shall be pursuant to the rules and regulations set forth in the City of Palo Alto Merit Rules and Regulations. Hearings before an arbitrator will be as set forth below. In the event the aggrieved employee decides to proceed to arbitration, he/she shall select jointly with the Director of Human Resources an arbitrator. If the parties are unable to agree on an arbitrator, they shall jointly request a panel of five qualified and experienced arbitrators from the State Conciliation Service. Upon receipt of the list of arbitrators, the names shall be alternately struck until one name remains who shall serve as arbitrator. The arbitrator shall be jointly contacted by the parties. The arbitrator shall have jurisdiction and authority only to interpret, apply, or determine compliance with the provisions of the Memorandum of Agreement and such Merit System rules, regulations, policies, procedures, City ordinances or regulations relating to terms or conditions of employment, wages or fringe benefits, as may hereafter be in effect in the City insofar as may be necessary to the determination of grievances appealed to the arbitrator. The arbitrator shall be without power to make any decision: a. Regarding matters of interest. b. Contrary to, or inconsistent with or modifying in any way, the terms of this Memorandum of Agreement. c. Granting any wage increases or decreases. d. Granting pay or benefits for any period of time prior to the execution date of this Memorandum of Agreement. 37 Where either party seeks arbitration and the other party claims the matter is not subject to the arbitration provisions of the Memorandum of Agreement, the issue of arbitrability shall first be decided by the arbitrator using the standards and criteria set forth in this Memorandum of Agreement. The arbitrator shall be without authority to require the City to delegate or relinquish any powers which by State law or City Charter the City cannot delegate or relinquish. Copies of the arbitrator's decision shall be submitted to the City and the aggrieved employee. All direct costs emanating from the arbitration procedure shall be shared equally by the City and the aggrieved employee or the Union. It is further agreed that the provisions of this section shall be incorporated as part of Chapter 11 of the City of Palo Alto Merit System Rules and Regulations. Existing procedures set forth in Chapter 11, to the extent they are inconsistent with the provisions contained herein, are superseded. ARTICLE XL- SAFETY COMMITTEE Section 1. Committee A Safety Committee comprised of four representation unit members appointed by the Union, and at least two members of Management, will continue to meet. The Committee may make safety recommendations to the Fire Chief regarding equipment, vehicles and apparatus and may review all accidents involving represented personnel. Management shall inform the Safety Committee of all accidents involving injuries to represented personnel. ARTICLE XLI – MISCELLANEOUS Section 1. T-Shirts. The City will issue four T-shirts to each uniformed employee each July These T-shirts are for use on duty only and will be maintained by the employee. Section 2. Removal of Disciplinary Actions. Records of disciplinary actions shall be removed from the personnel file of a representation unit employee upon written request by the employee after a period of three years, or sooner if mutually agreed by the Fire Chief and the employee. ARTICLE XLII - FULL UNDERSTANDING Section 1. Full and Entire Understanding. The Memorandum of Agreement contains the full and entire understanding of the parties regarding the matters set forth herein. Section 2. Fair Labor Standards Act. Compensatory time off with Management approval may be used as an alternative to overtime compensation only within the 27-day work period within which the overtime is worked. 38 Section 3. Severability. Should any of the provisions herein contained be rendered or declared invalid by reason of any existing State or Federal legislation or by reason of State or U.S. Supreme Court ruling, such invalidation of such part or portion of this Memorandum of Agreement shall not invalidate the remaining portions hereof, and they shall remain in full force and effect, insofar as such remaining portions are severable. Section 4. Good Faith. It is the intent of the parties that ordinances, resolutions, rules and regulations enacted pursuant to this Memorandum of Understanding be administered and observed in good faith. Section 5. Merit System Rules and Regulations. During the term of this Memorandum of Agreement, Management may propose certain changes in the City Merit System Rules and Regulations. With regard to such changes which pertain to the representation unit, the parties agree to review, and upon request, meet and confer regarding the changes. Section 6. Station Consolidation or Relocation . During the term of this agreement, at management request, the parties agree to meet and confer with regard to issues pertaining to fire station consolidation or relocation. Section 7. Meet and Confer. Nothing in this agreement shall preclude the parties from mutually agreeing to meet and confer on any subject within the scope of representation during the term of this agreement. ARTICLE XLIII – 48/96 Work Schedule Pilot Program The City of Palo Alto (City) and the International Association of Fire Fighters, Local 1319 (Union) agree to have the City evaluate changing the Palo Alto Fire Department’s work schedule for 56-hour personnel from its current schedule to a “48/96” work schedule with the goal of implementing a pilot schedule change in January 2017, if the parties are in agreement and required administrative and technology changes can be implemented by this date. Upon ratification of a new Memorandum of Agreement, a Labor Management Committee (LMC), including representatives from the Union, Fire Management, the City Manager’s Office, Human Resources, and the Administrative Services Department, will meet to design and evaluate the possible implementation of a “48/96” work schedule that is FLSA compliant, cost neutral, meets the needs of the City and does not compromise the effectiveness of fire services. The goal will be for the Committee to complete preparation for the evaluation by October 1, 2016. If a schedule can be designed that is FLSA compliant, cost neutral and does not compromise service to the community, the parties agree to move forward with a pilot work schedule change. The City will begin making required administrative and technology changes in order to implement the pilot “48/96” work schedule by January 1, 39 2017. The actual date of implementation will be dependent upon the City’s ability to modify payroll, staff scheduling and any other related systems to support the new schedule. The initial “Pilot Program” is planned to run for the term of the MOA, but may be terminated at any time if is determined to have a negative impact on costs or workforce effectiveness. The Pilot will conclude at the end of the MOA unless the parties mutually agree to extend the Pilot or adopt the Pilot as the standard 56-hour work schedule. ARTICLE XLIII XLIV - DURATION This Memorandum of Agreement shall become effective upon adoption by the City Council for the period of July 1, 20140 through June 30, 20184. EXECUTED: FOR: FOR: INTERNATIONAL ASSOCIATION CITY OF PALO ALTO OF FIRE FIGHTERS Ryan Stoddard, President Local 1319 James Keene, City Manager Nate Heydorff, Vice President Local 1319 Rumi Portillo, Human Resources Director Sunny Johnson-Gutter, Secretary Local 1319 Eric Nickel, Fire Chief Doug Slezak, Treasurer Local 1319 Geoffrey Blackshire, Deputy Fire Chief Sarah Wallace, General Board member Local 1319 Catherine Capriles, Deputy Fire Chief Stephen Lindsey, General Board member Local 1319 Amber Cameron, Senior Management Analyst Kyle Salisbury, General Board member Local 1319 Natalie Korthamar, Manager of Employee and Labor Relations 40 Dennis Wallach, Mastagni, Holstedt APC Frank Lee, Senior HR Administrator Dania Torres Wong, Chief Negotiator Renne Sloan Holtzman & Sakai 41 Formatted: Width: 11", Height: 8.5" 42 43 44 45 46 47 Palo Alto Peace Officers' Association Memorandum of Agreement July 1, 2014-June 30, 2018 Formatted: Header distance from edge: 0.8",Different first page header Formatted: Left Formatted: Left Formatted: Left Modified 03/14/2016 Formatted: Centered TTABLE OF CONTENTS [Pages and updates upon final adoption] Contents PREAMBLE 1 Section 1. Recognition 1 Section 2. No Discrimination 1 Section 3. Association Security 2 Section 4. Payroll Deduction 2 Section 5. No Strikes 2 Section 6. Probationary Period 3 Section 7. Salary Provisions 5 Section 8. Night Shift Differential 10 Section 9. Paid Holidays 10 Section 10. Working Out of Class Pay 11 Section 11. Retention/Career Incentive Program (Special Compensation) 12 Section 12. Dependent Care Assistance Program 14 Section 13. Court Pay 14 Section 14. Health Plans 16 Section 15. Dental Benefits 25 Section 16. Life Insurance Benefits 26 Section 17. Effective date of Coverage for New Employees 26 Section 18. Retirement Benefits 27 Section 19. Retirement Medical Plan 32 Formatted: Header distance from edge: 0.8",Different first page header Formatted: Font: 14 pt, Bold, Font color: Auto Formatted: Font: (Default) Arial, Font color:Auto City of Palo Alto and PAPOA July 1, 2014 – June 30, 2018 Page ii of 82 Formatted: Font: (Default) Arial Formatted: Font: (Default) Arial Section 20. Psychological Counseling Program 35 Section 21. Uniforms 35 Section 22. Work Schedule 36 Section 23. Overtime Pay and Compensatory Time Off 50 Section 24. Overtime Sign-Up 50 Section 25. Jury Duty 52 Section 26. Vacation Accrual 52 Section 27. Use of Vacation 53 Section 28. Vacation Pay at Termination 54 Section 29. Vacation Benefits for Deceased Employees 54 Section 30. Effect of Extended Military Leave 54 Section 31. Sick Leave 55 Section 32. Leaves of Absence Without Pay 57 Section 33. Leave of Absence With Pay 58 Section 34. Reduction in Force 59 Section 35. Agents 59 Section 36. Commute Incentives and Parking in Civic Center Garage 60 Section 37. Disciplinary Action and Unsatisfactory Work or Conduct 61 Section 38. Grievance Procedure 63 Section 39. Bulletin Boards and Telephones 66 Section 40. Access to Association Representatives 67 Section 41. Meeting Places 67 City of Palo Alto and PAPOA July 1, 2014 – June 30, 2018 Page iii of 82 Formatted: Font: (Default) Arial Formatted: Font: (Default) Arial Section 42. Voluntary Leave Program: 67 Section 43. Utilization of Reserves for Field Services Division Events 69 Section 44. Overtime Meals for Investigative Services Division 69 Section 45. Hiring Incentives 69 Section 46. Full Understanding 70 Section 47. Printed Agreement 71 Section 48. Duration 71 PREAMBLE 1 Section 1. Recognition 1 (5) Assignments of Sworn Personnel on the 4/11 Schedule ........................ 24 Concurrent Vacation Authorization - Sergeants ......................................................... 26 (7) Time Keeping and Payroll 27 Page Section 1. Recognition 1 Section 2. No Discrimination 1 Section 3. Association Security 2 Section 4. Payroll Deduction 2 Section 5. No Strikes 2 Section 6. Probationary Period 2 Section 7. Salary Provisions 3 Section 8. Night Shift Differential 7 Section 9. Paid Holidays 8 Section 10. Working Out of Class Pay 9 City of Palo Alto and PAPOA July 1, 2014 – June 30, 2018 Page iv of 82 Formatted: Font: (Default) Arial Formatted: Font: (Default) Arial Section 11. Retention/Career Incentive Program (Special Compensation) 10 Section 12. Tuition and Professional Equipment Reimbursement 11 Section 13. Dependent Care Assistance Program 12 Section 14. Court Pay 12 Section 15. Health Plans 13 Section 16. Dental Benefits 15 Section 17. Life Insurance Benefits 16 Section 18. Effective date of Coverage for New Employees 16 Section 19. Retirement Benefits 16 Section 20. Retirement Medical Plan 17 Section 21. Psychological Counseling Program 19 Section 22. Uniforms 19 Section 23. Work Schedule 20 Section 24. Overtime Pay and Compensatory Time Off 32 Section 25. Overtime Sign-Up 33 Section 26. Jury Duty 34 Section 27. Vacation Accrual 34 Section 28. Use of Vacation 35 Section 29. Vacation Pay at Termination 36 Section 30. Vacation Benefits for Deceased Employees 36 Section 31. Effect of Extended Military Leave 36 Section 32. Sick Leave 36 City of Palo Alto and PAPOA July 1, 2014 – June 30, 2018 Page v of 82 Formatted: Font: (Default) Arial Formatted: Font: (Default) Arial Section 33. Leaves of Absence Without Pay 38 Section 34. Leave of Absence With Pay 39 Section 35. Reduction in Force 40 Section 36. Agents 41 Section 37. Commute Incentives and Parking in Civic Center Garage 41 Section 38. Disciplinary Action and Unsatisfactory Work or Conduct 42 Section 39. Grievance Procedure 44 Section 40. Bulletin Boards and Telephones 47 Section 41. Access to Association Representatives 47 Section 42. Meeting Places 47 Section 43. Voluntary Leave Program 48 Section 44. Utilization of Reserves for Field Services Division Events 49 Section 45. Overtime Meals for Investigative Services Division 50 Section 46. Hiring Incentives 50 Section 47. Full Understanding 50 Section 48. Printed Agreement 52 Section 49. Duration 52 APPENDIX A 59 City of Palo Alto and PAPOA July 1, 2014 – June 30, 2018 Page 1 of 82 MEMORANDUM OF AGREEMENT CITY OF PALO ALTO and PALO ALTO PEACE OFFICERS' ASSOCIATION July 1, 2014 - June 30, 2018 PREAMBLE This Memorandum of Agreement is pursuant to and subject to Sections 3500-3510 of the Government Code of the State of California, the Charter of the City of Palo Alto, and the City of Palo Alto Merit System Rules and Regulations. ( This Memorandum of Agreement made and entered into at Palo Alto, California, by and between the City of Palo Alto, a municipal corporation (hereinafter referred to as "City") and the Palo Alto Peace Officers' Association, Incorporated, a California corporation (hereinafter referred to as "Association"), is intended to define agreements reached during the meet and confer process concerning wages, hours, working conditions, and other terms and conditions of employment for the represented group of employees. Section 1. Recognition The City recognizes the Association as the exclusive representative of an employee group consisting solely of Police Officer Trainees, Police Officers, Police Agents, and Police Sergeants who are regularly employed by the City and others who might be amended into the representation unit from time to time under existing law and the Merit System Rules and Regulations. Section 2. No Discrimination (a) The Association and the City hereby agree that there shall be no discrimination because of race, color, age, handicap, sex, sexual orientation, national origin, political or religious affiliation under this Agreement. There shall be no discrimination in employment conditions or treatment of employees on the basis of membership or non-membership in the Association, or participation in the lawful activities of the Association. (b) The Association and the City hereby agree to protect the rights of all employees to exercise their free choice to join the Association and to abide by the express provisions of applicable State and local laws. Formatted: Header distance from edge: 0.8" Formatted: Heading 1, Centered, Tab stops: Not at 3.1" + 3.2" + 3.7" + 4.2" + 4.7" + 5.2" + 5.7" + 6.2" Formatted: No underline, Font color: Auto Formatted: Heading 1, Left, Tab stops: Not at -1.3" + -0.8" + -0.3" + 0.2" + 0.7" + 1.2" + 1.7" + 2.2" + 2.7" + 3.2" + 3.7" + 4.2" + 4.7" + 5.2" + 5.7" + 6.2" Formatted: No underline Formatted: Heading 1, Left, Tab stops: Not at -1.3" + -0.8" + -0.3" + 0.2" + 0.7" + 1.2" + 1.7" + 2.2" + 2.7" + 3.2" + 3.7" + 4.2" + 4.7" + 5.2" + 5.7" + 6.2" Formatted: Tab stops: Not at 0.7" City of Palo Alto and PAPOA July 1, 2014 – June 30, 2018 Page 2 of 82 Section 3. Association Security (a) When a person is hired in any of the covered job classifications, the City shall notify that person that the Association is the recognized bargaining representative for the employee in said Unit and give the employee a current copy of the Memorandum of Agreement. (b) If there is no disruption of work, members of the Association Board of Directors may use a reasonable amount of on-duty time without loss of pay to attend to Association business specifically related to representation of employees. Such release time must be cleared in advance by the appropriate division manager who is a member of management. For purposes of this section, representation shall include: (i) (i) Meetings with represented employees or management related to a grievance or disciplinary action, including investigation and preparation time. (ii) A meeting with management related to benefits, working conditions or other terms and conditions of employment. Section 4. Payroll Deduction The City shall deduct Association membership dues and any other mutually agreed upon payroll deduction from the bi-weekly pay of member employees. The dues deduction must be authorized in writing by the employee on an authorization card acceptable to the City and the Association. The City shall remit the deducted dues to the Association as soon as possible after deduction. Section 5. No Strikes The Association, its representatives, or members, shall not engage in or cause, instigate, encourage, sanction, or condone a strike, withholding of services, concerted abuse of leave of absence provisions, work stoppage or work slowdown of any kind. No employee shall refuse to cross any picket line in the conduct of Police Department business, nor shall the Association, its representatives, or members discriminate in any way toward anyone who refuses to participate in a strike, or any of the job actions cited above. Formatted: No underline, Font color: Auto Formatted: Heading 1, Left, Don't keep withnext, Don't keep lines together, Tab stops: Notat -1.3" + -0.8" + -0.3" + 0.2" + 0.7" + 1.2" + 1.7" + 2.2" + 2.7" + 3.2" + 3.7" + 4.2" + 4.7" + 5.2" + 5.7" + 6.2" Formatted: Indent: Left: 0", First line: 0" Formatted: Numbered + Level: 1 +Numbering Style: i, ii, iii, … + Start at: 1 +Alignment: Left + Aligned at: 0.2" + Indent at: 0.7" Formatted: No underline, Font color: Auto Formatted: Heading 1, Left, Tab stops: Not at -1.3" + -0.8" + -0.3" + 0.2" + 0.7" + 1.2" + 1.7" + 2.2" + 2.7" + 3.2" + 3.7" + 4.2" + 4.7" + 5.2" + 5.7" + 6.2" Formatted: No underline, Font color: Auto Formatted: Heading 1, Left, Tab stops: Not at -1.3" + -0.8" + -0.3" + 0.2" + 0.7" + 1.2" + 1.7" + 2.2" + 2.7" + 3.2" + 3.7" + 4.2" + 4.7" + 5.2" + 5.7" + 6.2" City of Palo Alto and PAPOA July 1, 2014 – June 30, 2018 Page 3 of 82 Section 6. Probationary Period (a) T (a) The probationary period for new employees entering the classifications of Police Academy Trainee or Police Officer shall end 12 months following the successful completion of Police Academy training. The probationary period for lateral entry positions, where Police Academy training is waived, shall be 12 months. (b) The probationary period shall be regarded as part of the testing process and shall be utilized for closely observing all aspects of the employee's qualifications, for ensuring the effective adjustment of a new employee to the position and for rejecting any probationary employee who in the opinion of management is not suitable to attain permanent status. (c) During the probationary period a new employee may be terminated at any time by the appointing authority without cause. The existence of cause for termination shall not be arbitrable. Probationary employees shall not be terminated for reasons that violate Section 2. No Discrimination, of this Agreement, or for reasons that are unconstitutional or unlawful. (d) Probationary Period for New Supervisors (1) The probationary period for newly promoted Agents and Sergeants shall end 12 months from the effective date of the promotion, excluding time off due to any unscheduled absence or leave. (2) The probationary period shall be regarded as part of the testing process and shall be utilized for closely observing all aspects of the employee’s qualifications, for ensuring the effective adjustment of a newly promoted employee to the position and for rejecting any newly Formatted: Font: Not Bold, No underline, Fontcolor: Auto Formatted: Heading 1, Left, Tab stops: Not at -1.3" + -0.8" + -0.3" + 0.2" + 0.7" + 1.2" + 1.7" + 2.2" + 2.7" + 3.2" + 3.7" + 4.2" + 4.7" + 5.2" + 5.7" + 6.2" Formatted: Indent: Left: 0.18", Hanging: 0.82" Formatted: Indent: Left: 0", Hanging: 0.97",Tab stops: Not at 1.7" Formatted: Indent: Hanging: 0.7", Tab stops: 1", Left + Not at 1.7" Formatted: Indent: Left: 0.2", Tab stops: Notat 1.2" City of Palo Alto and PAPOA July 1, 2014 – June 30, 2018 Page 4 of 82 promoted probationary employee who in the opinion of management is not suitable to attain permanent status in the newly promoted rank. (3) During the promotional probationary period the newly promoted employee shall successfully complete 80 hours of in-house transition training pursuant to the guidelines contained in the Supervisor field Training Program Manual. (4) During the 12 month promotional probationary period the newly promoted employee shall be evaluated by his/her direct supervisor on a quarterly basis. (5) Any on-going and/or significant perceived deficiencies in the probationary employee’s work performance or supervisory aptitude shall be promptly communicated to the employee. When appropriate, the employee shall be provided with additional training and given opportunities to demonstrate their performance in response to the training. Such perceived deficiencies, any related training, and performance improvement or lack of response to training shall be documented by the employee’s supervisor and recorded in the employee’s quarterly evaluation for the quarter(s) in which the matter was addressed. (6) During the promotional probationary period, a newly promoted employee may be demoted to their previous rank at any time by the appointing authority if the employee demonstrates a lack of suitability for the newly promoted position. The demotion shall be based upon deficiencies in the performance or aptitude that have been addressed and documented as outlined in subsection (5). The existence of cause for demotion shall not be arbitrable. Promotional probationary employees shall; not be demoted for reasons that violate Section 2 of the Memorandum of Agreement, No Discrimination; or for reasons that are unconstitutional or unlawful. (7) In the event that management elects to demote an employee during his or her probationary period, pursuant to subsection (6), the affected employee may request a hearing with the Chief of Police. The hearing shall be held promptly and prior to the intended effective date of demotion, so as to afford the employee with a meaningful and timely opportunity to respond to the stated reason(s) for demotion. City of Palo Alto and PAPOA July 1, 2014 – June 30, 2018 Page 5 of 82 Section 7. Salary Provisions 1. (a) General Salary Increase. Effective on the first day of the first pay period after the adoption of this MOA by the City Council, salary ranges of all represented classifications will be increased by two and a half percent (2.5%). decreased by one and thirty-three one hundredths percent (1.33%). increased by two and a half percent (2.5%). (b) Market Equity Adjustment: Effective on the first day of the first pay period after adoption of this MOA by the City Council, salary ranges of all represented classifications will be increased by three percent (3%). a. Market Equity Adjustment: Effective on the first day of the first pay period after adoption of this MOA by the City Council, salary ranges of all represented classifications will be increased by three percent (3%). (bc) General Salary Increase. Effective pay period including June 30, 2016 salary ranges of all represented classifications will be increased by two and a half percent (2.5%). 2. (d) Effective pay period including June 30, 2016 salary ranges of all represented classifications will be increased by two and a half percent (2.5%). Market Equity Adjustment: Effective the pay period including June 30, 2016, salary ranges of all represented classifications will be increased by two and two tenth of a percent (2.2%). a. (ec) General Salary Increase. Market Equity Adjustment: Effective the pay period including June 30, 2016, salary ranges of all represented classifications will be increased by two and two tenth of a percent (2.2%). Effective pay period including June 30, 2017 salary ranges of all represented classifications will be increased by two and a half percent (2.5%). 3. (f) Effective pay period including June 30, 2017 salary ranges of all represented classifications will be increased by two and a half percent (2.5%). (d) Total Compensation Market Study. The City will conduct a total compensation survey by November 2017. Data shall include the contributions in effect up until November 2017 period. If the City’s survey shows that the Police Officer Formatted: No underline Formatted: Heading 1, Left, Indent: Left: 0",First line: 0", Tab stops: Not at -1.3" + -0.8"+ -0.3" + 0.2" + 0.7" + 1.2" + 1.7" + 2.2"+ 2.7" + 3.2" + 3.7" + 4.2" + 4.7" + 5.2"+ 5.31" + 5.7" + 6.2" Formatted: No underline, Font color: Auto Formatted: Indent: Left: 0", Hanging: 0.7", No bullets or numbering Formatted: Font: Not Bold, No underline Formatted: No bullets or numbering Formatted: Indent: Left: 0", Hanging: 0.7", No bullets or numbering Formatted: Font: Not Bold, No underline Formatted: Font: Not Bold, No underline Formatted: Indent: Left: 0", Hanging: 0.7", No bullets or numbering Formatted: Font: Not Bold, No underline Formatted: Font: Not Bold, No underline Formatted: Indent: Left: 1.45", No bullets ornumbering Formatted: No bullets or numbering Formatted: Font: Not Bold, No underline Formatted: Font: Not Bold, No underline Formatted: Indent: Left: 0", Hanging: 0.7", No bullets or numbering Formatted: Font: Not Bold, No underline Formatted: Font: Not Bold, No underline Formatted: No bullets or numbering Formatted: Indent: Left: -0.01" Formatted: Font: Not Bold, No underline Formatted: Indent: Left: 0", Hanging: 0.7",Tab stops: -1.3", Left + -0.8", Left + -0.3",Left + 0.2", Left + 0.7", Left + 1.2", Left + 1.7", Left + 2.2", Left + 2.7", Left + 3.2", Left+ 3.7", Left + 4.2", Left + 4.7", Left + 5.2",Left + 5.31", Left + 5.7", Left + 6.2", Left Formatted: Font: Not Bold, No underline Formatted: Indent: Left: 0", Hanging: 0.7", No bullets or numbering Formatted ... Formatted: Font: Not Bold, No underline City of Palo Alto and PAPOA July 1, 2014 – June 30, 2018 Page 6 of 82 benchmark based on the median is under market, the City shall confer a market adjustment to place the benchmark to the median of market, up to a cap of two and a half percent (2.5%), effective the last pay period in December 2017Total Compensation Market Study. The City will conduct a Total Compensation Market Study by November 15, 2017. The Total Compensation Market Study will be done on the Police Officer classification using the benchmark agencies and compensation criteria listed below (Total Compensation and Survey Database). Data shall reflect the compensation data in effect at each of the benchmark agencies as of November 15, 2017. If the Total Compensation Market Study shows that the Palo Alto Police Officer classification is below the median of the Total Compensation Market Study, then effective the pay period that includes December 31, 2017, the City shall increase salary ranges of all represented classifications by an amount necessary to get the Police Officer classification to get to median, up to a maximum adjustment of two and one-half percent (2.5%). . 4. Total Compensation Market Study. The City will conduct a total compensation survey by November 2017. Data shall include the contributions in effect up until November 2017 period. If the City’s survey shows that the Police Officer benchmark based on the median is under market, the City shall confer a market adjustment to place the benchmark to the median of market, up to a cap of two and a half percent (2.5%), effective the last pay period in December 2017. (e) Total Compensation and Survey Database Management and the Union have agreed to a compensation survey database structure. Survey Cities include: Alameda, Berkeley, Concord, Fremont, Hayward, Milpitas, Mountain View, Redwood City, San Leandro, San Mateo, Santa Clara, Vallejo, and Walnut Creek. Compensation Criteria includes: top step salary, maximum longevity, maximum education/POST, uniform allowance, holiday pay, deferred compensation, employee pick of of employer pension costs (Negative EPMC), and maximum City paid benefits (medical, dental, vision, life insurance, LTD, and EAP). The database is intended to provide one source of information concerning how the compensation paid to employees in bargaining unit job classifications compares to that paid by other employers. (gfa) Salary Steps & Ranges (Eligibility) Formatted: Font: (Default) Arial Formatted: Font: (Default) Arial Formatted: Font: (Default) Arial Formatted: Font: Not Bold, No underline Formatted: Font: (Default) Arial Formatted: Font: (Default) Arial Formatted: Indent: Left: 0", Hanging: 0.7", No bullets or numbering Formatted: Font: Not Bold, No underline Formatted: Indent: Left: 1.45", No bullets ornumbering Formatted: Font: Bold Formatted: Indent: Left: 0.5" Formatted: Font: Not Bold, No underline Formatted: Indent: Left: 0.75" Formatted: Font: Not Bold, No underline Formatted: Font: Not Bold Formatted: Indent: Left: 0", Hanging: 0.75",Tab stops: 0.75", Left + Not at 0.7" Formatted: Font: Not Bold City of Palo Alto and PAPOA July 1, 2014 – June 30, 2018 Page 7 of 82 New officers attending the basic police academy will be compensated at the “Police Trainee” level. Academy Graduates and Lateral Officers with less than two years experience will be compensated at the “Police Officer” “Step 3” Level. Jr. First Class Exam: Officers become eligible to take the exam anytime after they complete the Field Training Program. However, the pay increase will not become effective until they have successfully completed the test and have been with the department for a year from the academy graduation (Laterals a year from hire date). The pay increase for Jr. First Class is compensated at the “Police Officer” “Step 4” level (Approximate 5% Increase). First Class Exam: Officers become eligible to take the exam any time after they have successfully completed the Jr. First Class Exam. However, the pay increase will not take effect until one year from the date of the merit increase for the Jr. First Class exam. (Lateral officers’ pay increase may be effective one year from the date of hire) The pay increase for First Class is compensated at the “Police Officer” “Step 5” Level (Approximate 5% Increase). (hgb) POST Certificate/Incentives Basic Post: Officers become eligible upon completion of their probationary period. The certificate must be obtained within 18 months of hire date. (No Salary Increase) Intermediate POST: Officers are eligible based on a combination of years of service and education as follows. (1)1. Two Years & a bachelor’s degree (2) 2. Four Years & an associate degree or 45 training credits and 45 educational credits. (3)3. Six Years & 30 training credits and 30 educational credits. 4. (4) Eight Years & 15 training credits and 15 educational credits. The pay increase for Intermediate POST Certificates is compensated at the “Police Officer/ Inter” Level. (Approximate 5% Increase). Formatted: Font: Not Bold Formatted: Font: Not Bold Formatted: No underline City of Palo Alto and PAPOA July 1, 2014 – June 30, 2018 Page 8 of 82 Advanced POST: Officers are eligible based on a combination of years of service and education as follows. 1 (1). Four Years & a master’s degree. (2.) Six Years & a bachelor’s degree. (3)3. Nine Years & an associate’s degree or 45 training credits and 45 educationall credits. (4.) Twelve Years & 30 training credits and 30 educational credits. The pay increase for Advanced POST Certificates is compensated at the “Police Officer/ Adv” Level. (Approximate 2.5% Increase). Training credits are computed as one credit for every 20 hours of approved course. Education credits are equivalent to 1 point for each semester unit from an accredited college/university or 2/3 of a point for each quarter unit. Military time may be used for service time as approved by POST on a case- by- case basis. Officers are responsible for contacting Personnel & Training in order to arrange taking tests and application for POST certificates. (ihc) Special assignment premium pay. Effective with the pay period including July 1, 2001, biweekly premium pay for employees assigned to the indicated specialties will be as follows: Field Training Premium: 5% of base pay per pay period. Applies to management-assigned Officers and Agents and Traffic Team members during each pay period in which they provide training to police recruits, Community Service Officers or Level II reserve officers who are Formatted: Font: Not Bold Formatted: Font: Not Bold Formatted: Font: Not Bold Formatted: No underline Formatted: Indent: Left: 0" Formatted: No underline Formatted: Indent: Left: 0.7" City of Palo Alto and PAPOA July 1, 2014 – June 30, 2018 Page 9 of 82 working on their Level I certificate. Applies to management-assigned FTO Sergeants during each pay period in which they supervise assigned FTO Officers or Agents who are actively training police recruits, Community Service Officers or Level II reserve officers who are working on their Level I certificate. K-9 Program Premium: 5% of base pay per pay period, Effective January 1, 2008, K-9 Officers/Agents shall receive 5% of base pay per pay period to compensate for the time spent by the K-9 Officer/Agent outside regularly scheduled work hours to feed, groom, house, exercise, attend to the medical and dental needs of and otherwise maintain the dog. Effective January 1, 2008, the policy previously in effect governing K-9 Officer/Agent compensation for such activities shall terminate. Court Liaison Premium: 5% of base pay per pay period. Applies to Court Liaison Officer or Agent during period of active assignment. This pay and court liaison assignment will be eliminated effective June 30, 2015. Bilingual Premium: 5% of base pay per pay period. Applies to representation unit employees certified by management as proficient in other languages as outlined below. 1. (i) Approved Languages Spanish, Chinese (Mandarin and Cantonese), Japanese, Tagalog, Korean, Vietnamese, Russian, American Sign Language, and such other languages as determined by management. 2. (ii) Proficiency Requirements Officers, Agents, and Sergeants who pass a basic “first responder” proficiency test administered by a professional linguist will be eligible for bilingual pay. This proficiency test will be a one time test to ensure the candidate has the ability to verbally communicate (with the exception of American Sign Language) as a first responder in the selected Language. First responder proficiency will include, but is not limited to, the ability to Formatted: No underline Formatted: Indent: Left: 0.7" Formatted: No underline Formatted: No underline Formatted: Indent: Left: 0.7" Formatted: Font: Not Bold Formatted: Indent: Left: 1" Formatted: Font: Not Bold Formatted: Indent: Left: 1" City of Palo Alto and PAPOA July 1, 2014 – June 30, 2018 Page 10 of 82 take basic crime and accident reports; issue a citation and explain the court process; complete a field interview card; give directions; give a Miranda admonition; and generally be able to communicate with a non-English speaking person in need of basic police services. Study material will be provided by the City to all employees to assist in test preparation. 3. (iii) Testing Process In order to best accommodate the wide range of languages, proficiency testing will be conducted by professional linguists outside the Police Department that have been agreed upon by the Association and Management. A basic first responder proficiency exam has been developed based upon the needs of the organization. The City will pay for the initial test for each employee. Employees who do not pass the initial test may retest as many times as necessary. However, subsequent tests will be at the employee’s expense. Section 88. Night Shift Differential (a) Night shift differential shall be paid at the rate of 5% to all FSD personnel for all hours worked between 6:00 p.m. and 8:00 a.m. (b) All employees covered under Section 23(d) working a regular shift between 7:00 a.m. and 7:00 p.m. shall receive 5% night shift premium for hours worked between 7:00 p.m. and 7:00 a.m. Vacation and administrative leave pay for employees who regularly work night shifts shall include appropriate night shift premiums, relating to night shift hours regularly worked. Shift adjustment hours for employees who regularly work the 4-11 work schedule shall include the appropriate night shift premium based on the percentage of usual night shift hours worked to regular hours. Section 99. Paid Holidays (a) All represented employees on leave of absence without pay shall not receive in- lieu holiday accrual during such leave, or any compensation for holidays occurring during such leave. Formatted: Indent: Left: 0.64" Formatted: Indent: Left: 0.5" Formatted: Indent: Left: 0.5", First line: 0.5" Formatted: Font: Not Bold Formatted: Indent: Left: 1" Formatted: No underline, Font color: Auto Formatted: Heading 1, Left, Don't keep withnext, Don't keep lines together, Tab stops: Notat -1" + -0.5" + 0" + 0.5" + 1" + 1.5" + 2"+ 2.5" + 3" + 3.5" + 4" + 4.5" + 5" + 5.5"+ 6" + 6.5" Formatted: No underline, Font color: Auto Formatted: Tab stops: 0.5", List tab Formatted: Tab stops: 0.5", List tab Formatted: No underline, Font color: Auto Formatted: Heading 1, Left, Tab stops: Not at -1" + -0.5" + 0" + 0.5" + 1" + 1.5" + 2" + 2.5" + 3" + 3.5" + 4" + 4.5" + 5" + 5.5" + 6" + 6.5" Formatted: No underline, Font color: Auto City of Palo Alto and PAPOA July 1, 2014 – June 30, 2018 Page 11 of 82 (b) Effective with the pay period following adoption of this MOA, employees shall not receive paid holidays, but in lieu thereof shall receive 3.462 hours straight time pay, while in a pay status, to a maximum payment of ninety (90) hours per year. In-lieu hours may be taken as pay or time off. Eligible employees will elect, at the beginning of each fiscal year, the manner in which the in-lieu hours will be taken. Hours under this provision will accrue each pay period while in a pay status and will be paid semi-annually in June and December. If time off is elected under this provision, such time off may be taken to the maximum of current accrual balances and subject to management scheduling approval. Employees working non-field services assignments shall be eligible to use accrued holiday time for any of the following recognized City holidays: January 1 Third Monday in January Third Monday in February Last Monday in May July 4 First Monday in September Second Monday in October November 11 Thanksgiving Day Day after Thanksgiving Day December 25 Either December 24 or December 31, see below Additionally, effective with the pay period following adoption of this MOA, in lieu of restoring Holiday pay to 120 hours, salary ranges of all represented classifications will be increased by 1.44%. Additionally, effective with the pay period following adoption of this MOA, in lieu of restoring Holiday pay to 120 hours, salary ranges of all represented classifications will be increased by 1.44%. Section 1010. Working Out of Class Pay Officers, Agents & andand Sergeants working out of class for a period of two or more consecutive pay periods (28 days) shall be compensated with the following premium pay; Officers and Agents working as an Acting Sergeant: 7% of base pay Formatted: Font: Not Bold, No underline Formatted: No underline, Font color: Auto Formatted: Heading 1, Left, Tab stops: Not at -1" + -0.5" + 0" + 0.5" + 1" + 1.5" + 2" + 2.5" + 3" + 3.5" + 4" + 4.5" + 5" + 5.5" + 6" + 6.5" Formatted: No underline, Font color: Auto Formatted: Font color: Auto Formatted: Font: Not Bold, No underline City of Palo Alto and PAPOA July 1, 2014 – June 30, 2018 Page 12 of 82 Sergeants working as an Acting Lieutenant: 10% of base pay Agents, and Sergeants fulfilling the role of an Acting Sergeant and/or Acting Lieutenant for individual shifts and/or a number of hours within a shift, shall not receive additional compensation. Periodically working in this capacity shall be deemed a basic duty within an employee’s job description. Section 1111. Retention/Career Incentive Program (Special Compensation) (a) Retention/Career Incentive Program On July 1, 2007 the City will initiate a Retention/Career Incentive Program. It is recognized that hiring, training, and retaining qualified law enforcement personnel is becoming increasingly difficult, time consuming, and very expensive. This program is designed to provide greater incentives for hiring new employees, retaining long-term employees, and attracting quality lateral candidates from other law enforcement agencies. This program will provide special compensation in the form of premium pay at various levels as employees reach different career milestones. Both parties acknowledge that in the 2007 negotiations, the cost of the program was partially offset through salary and/or benefit reductions agreed to elsewhere in this Memorandum of Agreement. All employees with more than 5 years of service shall receive special compensation in the form of retention pay at 3% of straight time base pay. More than 10 years service shall receive special compensation in the form of retention pay at 6% of straight time base pay. Maximum under this provision is 6%. As an incentive to recruit and hire lateral law enforcement personnel from other agencies, the following shall apply. At the Chiefs discretion, up to 5 years of full time law enforcement service may be counted towards the years of service outlined above. Special Compensation/Retention Pay outlined in the Retention/Career Incentive Formatted: No underline, Font color: Auto Formatted: Heading 1 Formatted: No underline, Font color: Auto Formatted: Font: Not Bold Formatted: No underline Formatted: Indent: Left: 0" Formatted: Indent: Left: 0" Formatted: Indent: Left: 0" City of Palo Alto and PAPOA July 1, 2014 – June 30, 2018 Page 13 of 82 Program shall be deemed PERSable for the purpose of income and retirement however will not be a factor when calculating overtime compensation. (b) Performance Improvement Plans (Retention Incentive Disqualification) Employees on a Performance Improvement Plan will not receive compensation under the Retention/Career Incentive Program. Employees will be removed from the Retention/Career Incentive Program in the pay period following the implementation of the Performance Improvement Plan. Employees will begin receiving Retention/Career Incentive Compensation in the pay period after the successful conclusion of the Performance Plan. Employees will retain their right to use the grievance process as outlined in Section 39 as it pertains to the loss of compensation outlined above. Section 12. Tuition and Professional Equipment Reimbursement Unassigned Effective 7/1/12 the Tuition and Professional Equipment Reimbursement benefit shall be eliminated and the terms of this Section 12 are in their entirety null and void, and will have no meaning, function or effect. (a) The City will reimburse up to $1,000 per fiscal year for tuition, curriculum fees, the purchase of work-related books, videos, or periodicals, professional association memberships, job-related computer software, hardware and related peripherals and accessories, software upgrades, dial up or high-speed internet access, routers, telecommunication equipment, and home office equipment/furniture. To be eligible for reimbursement, expenditures must be for training or materials which contribute to current job performance or prepare the employee for other City positions. An employee will not be reimbursed for the cost of a desktop or laptop computer in consecutive fiscal years. An exception may be made if, in the opinion of the Personnel and Training Coordinator, the employee shows good cause for why such purchase should be allowed (e.g. reported theft, documented breakage, etc.) If an employee terminates within one hundred and eighty (180) days after making a purchase for which the City reimburses the employee under this provision, the amount of that reimbursement shall be recovered by the City and may be deducted from the employee’s final paycheck. Exceptions to the 180 day reimbursement provision may be approved with the concurrence of the Chief of Police and the Human Resources Director. Formatted: Left, Indent: Left: 0.5", Nowidow/orphan control, Tab stops: Not at -1" + -0.5" + 0" + 0.5" + 1" + 1.5" + 2" + 2.5" + 3" + 3.5" + 4" + 4.5" + 5" + 5.5" + 6" + 6.5" City of Palo Alto and PAPOA July 1, 2014 – June 30, 2018 Page 14 of 82 (b) Requests for tuition reimbursement will be determined to be taxable unless sufficient documentation is provided on how the course or seminar is related to improving performance in the employee's current position. This documentation will be interpreted so as to maintain the spirit and purpose of the tuition reimbursement program and to comply with Internal Revenue Code regulations. Reimbursement requests may be submitted at any time, but will be batch processed on a periodic basis. (c) With regard only to POST-reimbursable training which is approved in advance by Management, subject to Section 12(d), and for which POST reimbursement is provided for meals and lodging and mileage. Such meals, lodging and mileage are reimbursable under tuition reimbursement subject to the maximum amount in Section 12(a) and subject to POST procedures. (c) Representation unit members may use tuition reimbursement to attend job- related training during on duty time only if approved by management. If representation unit members wish to attend training on scheduled work days, alternate work days may be granted by Management when staffing allows. Section 1312. Dependent Care Assistance Program. The City will provide a Dependent Care Assistance Program for employees according to the provisions of the Federal Economic Recovery Act of 1981, Code Sections 125 and 129. The program will be available to representation unit employees beginning with pay period number 1 of 1992, and remain in effect subject to a reasonable minimum participation level and availability of third-party administrative services at a reasonable cost. Section 1413. Court Pay Sworn Police Personnel appearing in court or in an administrative forum in the course and scope of their normal duties will be compensated according to the following: Period Rate Minimum (a) Scheduled day off. Time and one-half 4 hours Formatted: Left, Indent: Left: 0.5", Nowidow/orphan control, Tab stops: Not at -1" + -0.5" + 0" + 0.5" + 1" + 1.5" + 2" + 2.5" + 3" + 3.5" + 4" + 4.5" + 5" + 5.5" + 6" + 6.5" Formatted: No underline, Font color: Auto Formatted: Heading 1, Left, Tab stops: Not at -1" + -0.5" + 0" + 0.5" + 1" + 1.5" + 2" + 2.5" + 3" + 3.5" + 4" + 4.5" + 5" + 5.5" + 6" + 6.5" Formatted: No underline, Font color: Auto Formatted: No underline, Font color: Auto Formatted: Heading 1, Left, Don't keep withnext, Don't keep lines together, Tab stops: Notat -1" + -0.5" + 0" + 0.5" + 1" + 1.5" + 2"+ 2.5" + 3" + 3.5" + 4" + 4.5" + 5" + 5.5"+ 6" + 6.5" Formatted: No underline, Font color: Auto Formatted Table City of Palo Alto and PAPOA July 1, 2014 – June 30, 2018 Page 15 of 82 (b) During scheduled shift or immediately preceding or following a shift Straight time during shift. Time and one-half for period before or after scheduled shift. None (c) Appearance on a scheduled work day by employees of Team #3 (prior to 12 p.m.) Time and one-half 3 hours (d) Appearance on a scheduled work day by employees of Team #4 or Team #5 Time and one-half 3 hours (e) All other court appearances Time and one- half 3 hours (c) Appearance on a scheduled work day by employees of Team #3 (prior to 12 p.m.) Time and one-half 3 hours (d) Appearance on a scheduled work day by employees of Team #4 or Team #5 Time and one-half 3 hours (e) All other court appearances Time and on-half 2 hours Formatted Table City of Palo Alto and PAPOA July 1, 2014 – June 30, 2018 Page 16 of 82 Section 1514. Health Plans (a) PEMHCA Health Plan Except as otherwise set forth herein, the City will maintain the present level of benefits on all City sponsored medical programs. Benefits will be provided in accordance with provisions of the PEMHCA Health Plans during the term of this contract. Effective the pay period following adoption of this MOA, the City and employees in this Unit will share medical premium costs as shown in the table below, with the City paying 90% of the monthly medical premium for the employee-selected PEMHCA optional plan, not to exceed a total of 90% of the monthly premium for the second most expensive plan among the existing array of plans. If an employee selects the most expensive plan, the City will pay up to 90% of the 2nd most expensive plan premium and the employee will pay the balance. If CalPERS changes the plans it offers, the City and the Association will meet and confer over the City continuing to provide an equivalent benefit at an equivalent cost. \\\ Eligible Active Employees Number of Parties Covered Monthly Employee Contribution Monthly City Contribution Employee Only 10% of monthly premium for plan selected by employee 90% of monthly premium for plan selected by employee Not to exceed 90% of the second most expensive plan premium Employee Plus One 10% of monthly premium for plan selected by employee 90% of the monthly premium for plan selected by employee Not to exceed 90% of the second most expensive plan premium Employee Plus Two or More 10% of monthly premium for plan selected by employee 90% of monthly premium for plan selected by employee Not to exceed 90% of the second most expensive plan premium Formatted: Heading 1, Left, Don't keep withnext, Don't keep lines together, Tab stops: Notat -1" + -0.47" + 0.43" + 2.81" + 4.66" Formatted: Font: Not Bold Formatted: Font: Not Bold City of Palo Alto and PAPOA July 1, 2014 – June 30, 2018 Page 17 of 82 (b) Vision Care The City will offer vision care coverage for employees and dependents. Coverage is equivalent to $20 deductible Plan A under the Vision Service Plan, with monthly premiums paid by the employer. Dependents will include domestic partners, as defined under Section 16 (c). (c) Active Employee Domestic Partners Active employee domestic partners whose domestic partnership is registered with the State of California will be eligible for medical benefits under this section. Active employee domestic partners whose domestic partnership is not registered with the State, but who meet the requirements of the City of Palo Alto Declaration of Domestic Partnership, and are registered with the Human Resources Department, will be eligible for reimbursement of the actual monthly premium cost of an individual health plan, not to exceed the maximum monthly premium cost of individual coverage under the PEMHCA health plans. Evidence of premium payment will be required with request for reimbursement. (d) Alternative Medical Benefit Program If a regular employee and/or the employee’s dependent(s) are eligible for medical insurance through another employer-sponsored or association-sponsored medical plan, the Employee may opt for the alternative medical insurance coverage through the other employer-sponsored or association-sponsored medical plan and waives his/her right to the City of Palo Alto’s medical insurance coverage for same individuals. Employees electing alternative coverage and no City coverage will receive cash payments of approximately one-half of the “averaged monthly premiums” for their medical insurance coverage. “Averaged monthly premiums” are the average of the Kaiser HMO, Blue Shield HMO and PERS Choice PPO premiums for the employee’s City medical coverage through the California Public Employee Retirement System (CalPERS). The rates for 2012 are as follows: One Party: $284.36 Two Party: $568.71 Family: $739.32 Formatted: Font: Not Bold Formatted: Font: Not Bold Formatted: Font: Not Bold Formatted: Font: Not Bold City of Palo Alto and PAPOA July 1, 2014 – June 30, 2018 Page 18 of 82 The alternative Medical Benefit Program rates for subsequent years covered by this Agreement will be determined when CalPERS formally announces the health plan rates applicable for the year in which they are to apply. (a) PEMHCA Health Plan During the term of this contract, the maximum City contribution towards medical premiums for eligible full time employees per employee category shall be up to a maximum of the following for any plan: Medical Premium Category PEMHCA contribution * Up to a Total Maximum City Contribution Effective January 1, 2016 Up to a Total Maximum City Contribution Effective January 1, 2017 Up to a Total Maximum City Contribution Effective January 1, 2018 Employee only $125.00 90% of monthly premium for plan selected by employee Not to exceed 90% of the second most expensive plan premium $773.00 $804.00 Employee plus one $125.00 90% of monthly premium for plan selected by employee Not to exceed 90% of the second most expensive plan premium $1,544.00 $1,606.00 Employee Family $125.00 90% of monthly premium for plan selected by employee Not to exceed 90% of the second most expensive plan premium $2,008.00 $2,088.00 Formatted: Font: Not Bold Formatted: Font: (Default) Arial, No underline Formatted: No underline Formatted: Font: (Default) Arial, No underline Formatted: Font: (Default) Arial Formatted: Font: Arial, Not Bold, No underline Formatted: Indent: Left: 0.43" Formatted: Font: Arial, Not Bold City of Palo Alto and PAPOA July 1, 2014 – June 30, 2018 Page 19 of 82 Medical Premium Category PEMHCA contribution* Up to a Total Maximum City Contribution Effective January 1, 2016 Up to a Total Maximum City Contribution Effective January 1, 2017 Up to a Total Maximum City Contribution Effective January 1, 2018 Employee only $125.00 90% of monthly premium for plan selected by employee Not to exceed 90% of the second most expensive plan premium $773.00 $804.00 Employee plus one $125.00 90% of monthly premium for plan selected by employee Not to exceed 90% of the second most expensive plan premium $1,544.00 $1,606.00 Employee Family $125.00 90% of monthly premium for plan selected by employee Not to exceed 90% of the second most expensive plan premium $2,008.00 $2,088.00 Effective with the first pay period including January 1, 2016, the City’s total maximum contribution towards medical premiums for eligible part time employees shall be prorated based on the number of hours per week the part- time employee is assigned to work. Effective with the first pay period including January 1, 2016, the City’s total maximum contribution towards medical premiums for eligible part time employees shall be prorated based on the number of hours per week the part-time employee is assigned to work. Formatted: Font: Arial Formatted Table Formatted: Font: Arial Formatted: Font: Arial Formatted: Font: Arial Formatted: Font: Arial Formatted: Font: Arial Formatted: Font: Arial Formatted: Font: Arial, Not Bold, No underline Formatted: Indent: Left: 0.5" Formatted: Font: Arial City of Palo Alto and PAPOA July 1, 2014 – June 30, 2018 Page 20 of 82 *PEMHCA minimum changes per statutory determination as of 2016. Any increases to the PEMHCA minimum during the term of this contract will result in a corresponding decrease to the amount of the additional City contribution, so that the total maximum City contribution never exceeds the amount listed in the “Total Maximum City Contribution” columns above. *PEMHCA minimum changes per statutory determination as of 2016. Any increases to the PEMHCA minimum during the term of this contract will result in a corresponding decrease to the amount of the additional City contribution, so that the total maximum City contribution never exceeds the amount listed in the “Total Maximum City Contribution” columns above. If the State of California or federal government requires the City to participate and contribute toward coverage under any medical plan outside of PEMHCA including but not limited to the Affordable Care Act, the City’s total liability for enrolled employees and retirees and their eligible family members shall not exceed what the City would have paid toward PEMHCA coverage in the absence of such state or federal plan. The parties will meet and confer over the impact of such change on matters within the scope of representation before implementing any change. If the State of California or federal government requires the City to participate and contribute toward coverage under any medical plan outside of PEMHCA including but not limited to the Affordable Care Act, the City’s total liability for enrolled employees and retirees and their eligible family members shall not exceed what the City would have paid toward PEMHCA coverage in the absence of such state or federal plan. The parties will meet and confer over the impact of such change on matters within the scope of representation before implementing any change. Formatted: Font: Arial, Not Bold, No underline Formatted: Indent: Left: 0.5" Formatted: Font: Arial Formatted: Font: Arial, Not Bold, No underline Formatted: Font: Not Bold, No underline Formatted: Font: Not Bold, No underline City of Palo Alto and PAPOA July 1, 2014 – June 30, 2018 Page 21 of 82 Except as otherwise set forth herein, the City will maintain the present level of benefits on all City sponsored medical programs. Benefits will be provided in accordance with provisions of the PEMHCA Health Plans during the term of this contract. Effective the pay period following adoption of this MOA, the City and employees in this Unit will share medical premium costs as shown in the table below, with the City paying 90% of the monthly medical premium for the employee-selected PEMHCA optional plan, not to exceed a total of 90% of the monthly premium for the second most expensive plan among the existing array of plans. If an employee selects the most expensive plan, the City will pay up to 90% of the 2nd most expensive plan premium and the employee will pay the balance. If CalPERS changes the plans it offers, the City and the Association will meet and confer over the City continuing to provide an equivalent benefit at an equivalent cost. Eligible Active Employees Number of Parties Covered Monthly Employee Contribution Monthly City Contribution Employee Only 10% of monthly premium for plan selected by employee 90% of monthly premium for plan selected by employee Not to exceed 90% of the second most expensive plan premium Employee Plus One 10% of monthly premium for plan selected by employee 90% of the monthly premium for plan selected by employee Not to exceed 90% of the second most expensive plan premium Employee Plus Two or More 10% of monthly premium for plan selected by employee 90% of monthly premium for plan selected by employee Not to exceed 90% of the second most expensive plan premium (b) Vision Care Formatted: Font: (Default) Arial Formatted: Font: (Default) Arial, No underline Formatted: Font: (Default) Arial Formatted: Font: (Default) Arial City of Palo Alto and PAPOA July 1, 2014 – June 30, 2018 Page 22 of 82 The City will offer vision care coverage for employees and dependents. Coverage is equivalent to $20 deductible Plan A under the Vision Service Plan, with monthly premiums paid by the employer. Dependents will include domestic partners, as defined under Section 16 (c). (b) Vision Care The City will offer vision care coverage for employees and dependents. Coverage is equivalent to $20 deductible Plan A under the Vision Service Plan, with monthly premiums paid by the employer. Dependents will include domestic partners, as defined under Section 16 (c). (c) Active Employee Domestic Partners Active employee domestic partners whose domestic partnership is registered with the State of California may add their domestic partner as a dependent to their elected health plan coverage if the domestic partnership is registered with the Secretary of State. Active employee domestic partners whose domestic partnership is registered with the State of California may add their domestic partner as a dependent to their elected health plan coverage if the domestic partnership is registered with the Secretary of State will be eligible for medical benefits under this section. Active employee domestic partners whose domestic partnership is not registered with the State, but who meet the requirements of the City of Palo Alto Declaration of Domestic Partnership, and are registered with the Human Resources Department, will be eligible for a stipend of two hundred eighty four dollars ($284.00) per month toward the cost of an individual health plan. Evidence of premium payment will be required with request for stipend. Active employee domestic partners whose domestic partnership is not registered with the State, but who meet the requirements of the City of Palo Alto Declaration of Domestic Partnership, and are registered with the Human Resources Department, will be eligible for reimbursement of the actual monthly premium cost ofa stipend of two hundred eighty four dollars ($284.00) per month toward the cost of an individual health plan, not to exceed the maximum monthly premium cost of individual coverage under the PEMHCA health plans. Evidence of premium payment will be required with request for reimbursement. (d) Alternative Medical Benefit Program If a regular employee and/or the employee’s dependent(s) are eligible for and elect to Formatted: Font: (Default) Arial, Not Bold, Nounderline Formatted: Font: (Default) Arial, Not Bold, Nounderline Formatted: Font: Not Bold Formatted: Indent: Left: 0", Hanging: 0.44" Formatted: Font: (Default) Arial Formatted: Font: (Default) Arial, No underline Formatted: Font: (Default) Arial Formatted: Font: (Default) Arial, Not Bold, No underline Formatted: Indent: Left: 0.44" Formatted: Font: (Default) Arial, Not Bold, Nounderline Formatted: Font: (Default) Arial, Not Bold, Nounderline Formatted: Font: (Default) Arial, Not Bold, Nounderline Formatted: Font: (Default) Arial, No underline Formatted: Font: (Default) Arial, Not Bold, No underline City of Palo Alto and PAPOA July 1, 2014 – June 30, 2018 Page 23 of 82 receive medical insurance through any other non-City of Palo Alto employer-sponsored or association-sponsored medical plan, the Employee may choose to waive his/her right to the City of Palo Alto’s medical insurance and receive cash payments in the amount of two hundred eighty four dollars ($284) for each month City coverage is waived. If a regular employee and/or the employee’s dependent(s) are eligible for and elect to receive medical insurance through another any other non-City of Palo Alto employer- sponsored or association-sponsored medical plan, the Employee may choose to opt for the alternative medical insurance coverage through the other employer-sponsored or association-sponsored medical plan and waives his/her right to the City of Palo Alto’s medical insurance coverage for same individuals. Employees electing alternative coverage and no City coverage will and receive cash payments of approximately one-half of the “averaged monthly premiums” for their medical insurance coveragein the amount of two hundred eighty four dollars ($284) for each month City coverage is waived. “Averaged monthly premiums” are the average of the Kaiser HMO, Blue Shield HMO and PERS Choice PPO premiums for the employee’s City medical coverage through the California Public Employee Retirement System (CalPERS). The rates for 2012 are as follows: One Party: $284.36 Two Party: $568.71 Family: $739.32 The alternative Medical Benefit Program rates for subsequent years covered by this Agreement will be determined when CalPERS formally announces the health plan rates applicable for the year in which they are to apply. Examples of waivers eligible for this payment are: • Employee waives all applicable City medical coverage; or • Employee is eligible to enroll his or her spouse or domestic partner and waives medical coverage for the spouse or domestic partner; or • Employee has additional eligible dependents and waives family-level medical coverage. Examples of waivers eligible for this payment are: • Employee waives all applicable City medical coverage; or • Employee is eligible to enroll his or her spouse or domestic partner and waives Formatted: Font: (Default) Arial, Not Bold, Nounderline Formatted: Indent: Left: 0" Formatted: No underline Formatted: Font: Arial, No underline Formatted: Indent: First line: 0.25" Formatted: Indent: First line: 0.5", No bulletsor numbering Formatted: Indent: Hanging: 0.5" Formatted: Indent: First line: 0.5", No bulletsor numbering Formatted: Indent: Left: 0", First line: 0" Formatted: Font: Calibri, Not Bold, Nounderline City of Palo Alto and PAPOA July 1, 2014 – June 30, 2018 Page 24 of 82 medical coverage for the spouse or domestic partner; or • Employee has additional eligible dependents and waives family-level medical coverage. Participation must result in a health insurance cost savings to the City and payments per employee shall not exceed a total of two hundred eighty four dollars ($284.00) per month. To participate in the program the employee and dependents must be eligible for coverage under PEMHCA medical plans, complete a waiver of medical coverage form, and provide proof of eligible alternative medical coverage. Payments will be made in the employee’s paycheck beginning the first month following the employee’s completion of the waiver form. Payments are subject to state and federal taxes and are not considered earnings under PERS law. Employees are responsible for notifying the City of any change in status affecting eligibility for this program (for example, life changes affecting dependent’s eligibility for medical coverage through the employee) and will be responsible for repayment of amounts paid by the City contrary to the terms of this program due to the employee’s failure to notify the City of a change in status. Participation must result in a health insurance cost savings to the City and payments per employee shall not exceed a total of two hundred eighty four dollars ($284.00) per month. To participate in the program the employee and dependents must be eligible for coverage under PEMHCA medical plans, complete a waiver of medical coverage form, and provide proof of eligible alternative medical coverage. Payments will be made in the employee’s paycheck beginning the first month following the employee’s completion of the waiver form. Payments are subject to state and federal taxes and are not considered earnings under PERS law. Employees are responsible for notifying the City of any change in status affecting eligibility for this program (for example, life changes affecting dependent’s eligibility for medical coverage through the employee) and will be responsible for repayment of amounts paid by the City contrary to the terms of this program due to the employee’s failure to notify the City of a change in status. (e) Dual Coverage When a City employee is married to another City employee each shall be covered only once (as an individual or as a spouse of the other City employee, but not both) and dependent children, if any, shall be covered by only one spouse (e) Dual Coverage. When a City employee is married to another City employee each shall be Formatted: Font: Arial, Not Bold, No underline Formatted: Font: Arial, Not Bold, No underline Formatted: Font: Arial, No underline Formatted: Font: Arial Formatted: Font: Arial, Not Bold, No underline Formatted: Indent: Left: 0.5" City of Palo Alto and PAPOA July 1, 2014 – June 30, 2018 Page 25 of 82 covered only once (as an individual or as a spouse of the other City employee, but not both) and dependent children, if any, shall be covered by only one spouse. Section 1615. Dental Benefits (a) (a) The City will maintain the present level of benefits on the City-sponsored dental program for current employees and their dependents, except that the maximum benefits per calendar year shall be $2,000 effective in 1988. Dental Coverage shall include composite (tooth colored) fillings for all teeth. (b) The City provides a 50% of reasonable charges, $2,000 lifetime maximum orthodontic benefit for representation unit employees and their dependents. (a) Effective July 1, 2007, the The City will providesd a 50% of reasonable charges, $2,000 lifetime maximum orthodontic benefit for representation unit employees and their dependents. (c) Dependents will include domestic partner, as defined under Section 15 (c). (d) Dental implants in conjunction with one or more missing natural teeth, and removal of dental implants will be covered as a Major Dental Service at 50% usual, customary and reasonable (UCR). Section 16. Dental Benefits (a) The City will maintain the present level of benefits on the City-sponsored dental program for current employees and their dependents, except that the maximum benefits per calendar year shall be $2,000 effective in 1988. Dental Coverage shall include composite (tooth colored) fillings for all teeth. (b) Effective July 1, 2007, t The City will provide a 50% of reasonable charges, $2,000 lifetime maximum orthodontic benefit for representation unit employees and their dependents. (c) Dependents will include domestic partner, as defined under Section 15 (c). (d) Dental implants in conjunction with one or more missing natural teeth, and removal of dental implants will be covered as a Major Dental Service at 50% usual, customary and reasonable (UCR). Formatted: Font: Arial, No underline, Fontcolor: Auto Formatted: Heading 1, Left, Tab stops: Not at -1" + -0.47" + 0.43" + 2.81" + 4.66" Formatted: Font: Arial, No underline, Fontcolor: Auto Formatted: Font: Arial, Font color: Auto Formatted: Font: Arial, Not Bold, Font color:Auto Formatted: Font: (Default) Arial Formatted: Numbered + Level: 1 +Numbering Style: a, b, c, … + Start at: 1 +Alignment: Left + Aligned at: 0" + Tab after: 0.44" + Indent at: 0.44" Formatted: Font: (Default) Arial City of Palo Alto and PAPOA July 1, 2014 – June 30, 2018 Page 26 of 82 Section 1716. Life Insurance Benefits The City agrees to continue the basic life insurance plan as currently in effect for the term of this Memorandum of Agreement. Section 1817. Effective date of Coverage for New Employees For newly hired regular employees coverage begins on the first day of the month following date of hire for the health plan, dental plan, vision care plan, and life insurance plans if these benefits are elected. Section 19. Retirement Benefits (a) “3% at 50” Safety Retirement The City will continue the present benefits under the Public Employees’ Retirement System (PERS) “3 percent at 50” (3% @ 50) Retirement Formula per California Government Code §21362.2 for employees hired before the effective date of the “3 percent at 55” (3% @ 55) formula for new hires as described herein . The final year compensation for employees hired under the 3% at 50 formula will continue to be the “single highest year” or the highest average annual compensation earnable by the member during one (1) year of employment immediately preceding retirement or the one-year period otherwise designated by the member (Government Code 20042). Current employees continued to be covered under Government Code 20692, Employer Paid Member Contribution, to the extent there is a City paid member contribution in the final year. (b) 3% at 55 Safety Retirement As soon as administratively possible after City Council adoption of this MOA, the City shall amend its contract with CalPERS to provide such employees hired on or after the effective date of the CalPERS amendment with the CalPERS retirement formula three percent of final salary at age 55 (3% at 55), with the final salary determination for such employees of “three highest consecutive years” based on the highest average annual compensation earnable by the member during three (3) consecutive years of employment immediately preceding retirement or the three year period otherwise designated by the member (Government Code Section 20037). This new tier will also eliminate Section 20692, Employer Paid member Contribution. Formatted: No underline, Font color: Auto Formatted: Heading 1, Left, Don't keep withnext, Don't keep lines together, Tab stops: Notat -1" + -0.47" + 0.43" + 2.81" + 4.66" Formatted: No underline, Font color: Auto Formatted: No underline, Font color: Auto Formatted: Heading 1, Left, Tab stops: Not at -1" + -0.47" + 0.43" + 2.81" + 4.66" Formatted: No underline, Font color: Auto Formatted: Indent: Left: 0" City of Palo Alto and PAPOA July 1, 2014 – June 30, 2018 Page 27 of 82 (c) Employee Share of PERS Contribution Effective the pay period following Council adoption of this MOA, employees in all sworn represented classes will make the 9% PERS member contributions by payroll deduction. Trainees will pay the same employee contribution as miscellaneous members while attending Basic Academy (see section (g) below).With employees paying their own contributions, the City will provide for member contributions to be made as allowed under the provisions of IRS Code §414(h)(2). (d) 1959 Survivor Benefit The City will continue to provide the basic level (Level 1) of 1959 Survivor Benefit to eligible employees in accordance with California Government Code §21571. (e) Military Service Credit. The City will amend its contract with the Public Employees' Retirement System to provide for Section 20930.3, Military Service Credit as Public Service. (f) Retirement Privileges All retired employees and spouses of deceased employees shall have residential privileges at City libraries, refuse disposal area, golf course, and swimming pools. (g) PERS Status While in Basic Academy. While an employee is attending Basic Academy, he or she shall participate in the City’s PERS Miscellaneous Employee retirement plan with the same employee and employer contribution rates as applies to Miscellaneous City employees represented by SEIU (classified unit). When the employee successfully completes Basic Academy and is sworn in by the Police Chief, he or she shall prospectively participate in the PERS Safety Employee retirement plan Section 1918. Retirement Benefits (b)(a) Safety Pension Group A: “3% at 50” Safety Retirement The City will continue the present benefits under the Public Employees’ Retirement System (PERS) “3 percent at 50” (3% @ 50) Retirement Formula per California Government Code §21362.2 for employees hired before the effective Formatted: Indent: Left: 0" Formatted: Indent: Left: -0.43" Formatted: Indent: Left: 0" Formatted: Indent: Left: -0.43" Formatted: Indent: Left: 0" Formatted: Indent: Left: 0", Widow/Orphancontrol, Tab stops: -1", Left + -0.47", Left + 0.44", Left + 2.81", Left + 4.66", Left Formatted: No underline, Font color: Auto Formatted: Heading 1, Left, Tab stops: Not at -1" + -0.47" + 0.44" + 2.81" + 4.66" Formatted: No underline, Font color: Auto Formatted: No underline Formatted: Font: Not Bold, No underline City of Palo Alto and PAPOA July 1, 2014 – June 30, 2018 Page 28 of 82 date of the “3 percent at 55” (3% @ 55) formula for new hires as described herein. The final year compensation for employees hired under the 3% at 50 formula will continue to be the “single highest year” or the highest average annual compensation earnable by the member during one (1) year of employment immediately preceding retirement or the one-year period otherwise designated by the member (Government Code 20042). Current employees continued to be covered under Government Code 20692, Employer Paid Member Contribution, to the extent there is a City paid member contribution in the final The City will continue the present benefits under the Public Employees’ Retirement System (PERS) “3 percent at 50” (3% @ 50) Retirement Formula per California Government Code §21362.2 for employees hired before the effective date of the “3 percent at 55” (3% @ 55) formula for new hires as described herein. The final year compensation for employees hired under the 3% at 50 formula will continue to be the “single highest year” or the highest average annual compensation earnable by the member during one (1) year of employment immediately preceding retirement or the one-year period otherwise designated by the member (Government Code 20042). Current employees continued to be covered under Government Code 20692, Employer Paid Member Contribution, to the extent there is a City paid member contribution in the final year. (b) Safety Pension Group B: 3% at 55 Safety Retirement Effective December 7, 2012, the City amended its contract with CalPERS to provide employees hired on or after that date who are not “new members” of CalPERS as defined in the Public Employees’ Pension reform act (often referred to as “Classic” CalPERS members) with the CalPERS retirement formula three percent of final salary at age 55 (3% at 55), with the final salary determination for such employees of “three highest consecutive years” based on the highest average annual compensation earnable by the member during three (3) consecutive years of employment immediately preceding retirement or the three year period otherwise designated by the member (Government Code Section 20037). This new tier also eliminated Section 20692, Employer Paid Member Contribution. As soon as administratively possible after City Council adoption of this MOA, Effective December 7, 2012, the City shall amended its contract with CalPERS to provide such employees hired on or after the effective that date who are not “new members” of CalPERS as defined in the Public Employees’ Pension reform act (often referred to as “Classic” CalPERS members)of the CalPERS amendment with the CalPERS retirement formula three percent of final salary at age 55 (3% at 55), with the final salary Formatted: Font: Not Bold, No underline Formatted: No underline Formatted: Font: Not Bold, No underline City of Palo Alto and PAPOA July 1, 2014 – June 30, 2018 Page 29 of 82 determination for such employees of “three highest consecutive years” based on the highest average annual compensation earnable by the member during three (3) consecutive years of employment immediately preceding retirement or the three year period otherwise designated by the member (Government Code Section 20037). This new tier will also eliminated Section 20692, Employer Paid Mmember Contribution. (c) Safety Pension Group C: 2.7% at Age 57 Safety Retirement Employees hired on or after January 1, 2013 meeting the definition of “new member” under the Public Employees’ Pension Reform Act (Gov’t. Code s. 7522 et seq.) shall be subject to all of the provisions of that law, including but not limited to the two point seven percent at age 57 (2.7%@57) retirement formula with a three year final compensation period. Employees hired on or after January 1, 2013 meeting the definition of “new member” under the Public Employees’ Pension Reform Act (Gov’t. Code s. 7522 et seq.) shall be subject to all of the provisions of that law, including but not limited to the two point seven percent at age 57 (2.7%@57) retirement formula with a three year final compensation period. (d) Employee Share of PERS Contribution Employees in all sworn represented classes in Pension Groups A and B described above will make the 9% PERS member contributions by payroll deduction. Employees in all sworn represented classes in Pension Group C described above shall pay the employee contribution required by the Public Employees’ Pension Reform Act, currently calculated at fifty percent (50%) of the normal cost. Trainees will pay the same employee contribution as miscellaneous members while attending Basic Academy (see section (g) below). The City will continue to provide for member contributions to be made as allowed under the provisions of IRS Code §414(h)(2). Effective the pay period following Council adoption of this MOA, e Employees in all sworn represented classes in Pension Groups A and B described above will make the 9% PERS member contributions by payroll deduction. Formatted: Font: Not Bold, No underline Formatted: No underline Formatted: Font: Not Bold, No underline Formatted: Font: Not Bold, No underline Formatted: No underline Formatted: Font: Not Bold, No underline City of Palo Alto and PAPOA July 1, 2014 – June 30, 2018 Page 30 of 82 Employees in all sworn represented classes in Pension Group C described above shall pay the employee contribution required by the Public Employees’ Pension Reform Act, currently calculated at fifty percent (50%) of the normal cost. Trainees will pay the same employee contribution as miscellaneous members while attending Basic Academy (see section (g) below). With employees paying their own contributions, tThe City will continue to provide for member contributions to be made as allowed under the provisions of IRS Code §414(h)(2). (e) Additional Employee PERS Contributions • Effective as soon as administratively possible all employees regardless of pension formula in this unit shall, in addition to the Member Contribution required per CalPERS 20516 contract amendment, pay an additional 1% towards the Employer share of Pension. • Effective the pay period that includes June 30, 2016 or as soon as administratively possible but no sooner than June 30, 2016, all employees regardless of pension formula in this unit shall, in addition to the Member Contribution required, pay an additional 1% towards the Employer share of Pension for a total of 2%. • Effective the pay period that includes June 30, 2017, all employees regardless of pension formula in this unit shall, in addition to the Member Contribution required, pay an additional 1% towards the Employer share of Pension for a total of 3%. • Such contributionsAdditional employee PERS contribution under CalPERS 20516 will be provided on a pre-tax basis to the extent allowable by law. Effective as soon as administratively possible all employees regardless of pension formula in this unit shall, in addition to the Member Contribution required per CalPERS 20516 contract amendment, pay an additional 1% towards the Employer share of Pension. Effective the pay period that includes June 30, 2016 or as soon as administratively possible but no sooner than June 30, 2016, all employees regardless of pension formula in this unit shall, in addition to the Member Contribution required, pay an additional 1% towards the Employer share of Pension for a total of 2%. • Effective the pay period that includes June 30, 2017, all employees regardless of pension formula in this unit shall, in addition to the Member Contribution required, pay an additional 1% towards the Employer share of Pension for a total of 3%. Such contributions under CalPERS 20516 will be provided on a pre-tax basis to Formatted: Font: Not Bold, No underline Formatted: No underline Formatted: Font: Not Bold, No underline Formatted: Font: Not Bold, No underline Formatted: Font: Not Bold City of Palo Alto and PAPOA July 1, 2014 – June 30, 2018 Page 31 of 82 the extent allowable by law. (f) 1959 Survivor Benefit The City will continue to provide the basic level (Level 1) of 1959 Survivor Benefit to eligible employees in accordance with California Government Code §21571. The City will continue to provide the basic level (Level 1) of 1959 Survivor Benefit to eligible employees in accordance with California Government Code §21571. (ge) Military Service Credit. The City’s contract with the Public Employees' Retirement System provides for Section 20930.3, Military Service Credit as Public Service. The City’s will amend its contract with the Public Employees' Retirement System to provides for Section 20930.3, Military Service Credit as Public Service. (hf) Retirement Privileges All retired employees and spouses of deceased employees shall have residential privileges at City libraries, refuse disposal area, golf course, and swimming pools. All retired employees and spouses of deceased employees shall have residential privileges at City libraries, refuse disposal area, golf course, and swimming pools. (ig) PERS Status While in Basic Academy. While an employee is attending Basic Academy, he or she shall participate in the City’s PERS Miscellaneous Employee retirement plan with the same employee and employer contribution rates as applies to Miscellaneous City employees represented by SEIU (classified unit). When the employee successfully completes Basic Academy and is sworn in by the Police Chief, he or she shall prospectively participate in the PERS Safety Employee retirement plan. While an employee is attending Basic Academy, he or she shall participate in the City’s PERS Miscellaneous Employee retirement plan with the same employee and employer contribution rates as applies to Miscellaneous City Formatted: Font: Not Bold, No underline Formatted: No underline Formatted: No underline Formatted: Font: Not Bold, No underline Formatted: Font: Not Bold, No underline Formatted: No underline Formatted: No underline Formatted: Font: Not Bold, No underline Formatted: Font: Not Bold, No underline Formatted: Font: Not Bold, No underline Formatted: No underline Formatted: Font: Not Bold, No underline Formatted: Indent: Left: 0.5" Formatted: Left, Indent: Left: 0.5", First line: 0", Space After: 10 pt, Line spacing: Multiple1.15 li, Tab stops: Not at -1" + -0.47" + 0.43"+ 2.81" + 4.66" Formatted: Font: Not Bold, No underline Formatted: No underline Formatted: Font: Not Bold, No underline City of Palo Alto and PAPOA July 1, 2014 – June 30, 2018 Page 32 of 82 employees represented by SEIU (classified unit). When the employee successfully completes Basic Academy and is sworn in by the Police Chief, he or she shall prospectively participate in the PERS Safety Employee retirement plan. Section 1920. Retirement Medical Plan (a) Retiree Medical Coverage - Employees hired before January 1, 2006 who have not voluntarily elected to participate in the Retirement Healthcare Benefits provided in Government Code section 22893: Monthly City-paid premium contributions for a retiree-selected PEMHCA optional plan will be made in accordance with the Public Employees' Medical and Hospital Care Act Resolution for employees who retire on or before December 31, 2007. Effective March 1, 2009, for an employee retiring on or after that date, the City will pay up to the monthly medical premium for the second most expensive plan among the existing array of plans during the Agreement term. Effective April 1, 2015, for an employee retiring on or after that date, the City contribution shall be the same contribution amount it makes for active City employees. The parties mutually agree that the benefits provided in this paragraph for employees retiring on or after April 1, 2015 will fluctuate from time to time based on the City’s contributions to health care for active employees. Accordingly, Association members who retire on or after April 1, 2015 and have not elected to participate in the Retirement Healthcare Benefits provided in Government Code section 22893, do not maintain a vested interest in any particular contribution by the City above the amount required under the PEMHCA. (a) Retiree Medical Coverage - Employees hired before January 1, 2006 who have not voluntarily elected to participate in the Retirement Healthcare Benefits provided in Government Code section 22893:Monthly City-paid premium contributions for a retiree-selected PEMHCA optional plan will be made in accordance with the Public Employees' Medical and Hospital Care Act Resolution for employees who retire on or before December 31, 2007. Effective March 1, 2009, for an employee retiring on or after that date, the City will pay up to the monthly medical premium for the second most expensive plan among the existing array of plans during the Agreement term. Effective April 1, 2015, for an employee retiring on or after that date, the City contribution shall be the same contribution amount it makes for active City employees. The parties mutually agree that the benefits provided in this paragraph for employees retiring on or after April 1, 2015 will fluctuate from time to time based on the City’s contributions to health Formatted: No underline, Font color: Auto Formatted: Heading 1, Left, Tab stops: Not at -0.75" + -0.47" + 0.43" + 0.96" + 1.44" + 2.81" + 4.66" Formatted: No underline, Font color: Auto Formatted: Indent: Hanging: 0.5", Numbered+ Level: 1 + Numbering Style: a, b, c, … +Start at: 1 + Alignment: Left + Aligned at: 0.25" + Indent at: 0.5" Formatted: Font: Not Bold, No underline Formatted: Font: Not Bold, No underline Formatted Formatted: Indent: Left: 0.5", No bullets ornumbering Formatted: Font: Not Bold, No underline City of Palo Alto and PAPOA July 1, 2014 – June 30, 2018 Page 33 of 82 care for active employees. Accordingly, Association members who retire on or after April 1, 2015 and have not elected to participate in the Retirement Healthcare Benefits provided in Government Code section 22893, do not maintain a vested interest in any particular contribution by the City above the amount required under the PEMHCA. (b) (b) (b) Retiree Medical Coverage - Employees who voluntarily elect to participate in Government Code section 22893, and all Employees hired on or after January 1. 2006: The CalPERS vesting schedule set forth in California Government Code § 22893 will apply to all Association members hired on or after January 1, 2006, and employees hired prior to January 1, 2006 who voluntarily elect to participate in the Retirement Healthcare Benefits provided in Government Code § 22893. Under this law, an employee is eligible for 50% of the specified employer health premium contribution after ten (10) years of service credit, provided at least five (5) of those years were performed with the City of Palo Alto. After ten (10) years of service credit, each additional year of service credit will increase the employer contribution percentage by 5% until, at twenty (20) years' service credit, the employee will be eligible upon retirement for 100% of the specified employer contribution. However, the maximum contribution for family members will be 90% of the specified employer contribution. Notwithstanding any other term of this section, the City of Palo Alto's health premium contribution for employees hired on or after January 1, 2006, and employees who voluntarily elect to participate in Retirement Healthcare Benefits provided by Government Code § 22893, will be the minimum contribution set by CalPERS under California Government Code § 22893 based on a weighted average of available health plan premiums. (c) Retiree Medical Coverage - Employees who voluntarily elect to participate in Government Code section 22893, and All Employees hired on or after January 1. 2006: The CalPERS vesting schedule set forth in California Government Code § 22893 will apply to all Association members hired on or after January 1, 2006, and employees hired prior to January 1, 2006 who voluntarily elect to participate in the Retirement Healthcare Benefits provided in Government Code § 22893. Under this law, an employee is eligible for 50% of the specified employer health premium contribution after ten (10) years of service credit, provided at least five (5) of those years were performed with the City of Palo Alto. After ten (10) years of Formatted: No bullets or numbering Formatted: Indent: Left: 0", Hanging: 0.43", No bullets or numbering Formatted: Font: Not Bold, No underline Formatted: Font: Not Bold, No underline Formatted Formatted: Indent: Left: 0.5", No bullets ornumbering Formatted: Indent: Left: 0.43", No bullets ornumbering, Tab stops: Not at 0.96" Formatted: Font: Not Bold, No underline Formatted: Indent: Left: 0.54", No bullets ornumbering Formatted: Font: Not Bold, No underline Formatted: Indent: Left: 0.43", No bullets ornumbering City of Palo Alto and PAPOA July 1, 2014 – June 30, 2018 Page 34 of 82 service credit, each additional year of service credit will increase the employer contribution percentage by 5% until, at twenty (20) years' service credit, the employee will be eligible upon retirement for 100% of the specified employer contribution. However, the maximum contribution for family members will be 90% of the specified employer contribution. Notwithstanding any other term of this section, the City of Palo Alto's health premium contribution for employees hired on or after January 1, 2006, and employees who voluntarily elect to participate in Retirement Healthcare Benefits provided by Government Code § 22893, will be the minimum contribution set by CalPERS under California Government Code § 22893 based on a weighted average of available health plan premiums. (a) Retiree Medical Coverage – Employees hired before January 1, 2006: Monthly City-paid premium contributions for a retiree-selected PEMHCA optional plan will be made in accordance with the Public Employees' Medical and Hospital Care Act Resolution for employees that retire on or before December 31, 2007. Effective March 1, 2009, for an employee retiring on or after that date, the City will pay up to the monthly medical premium for the 2nd most expensive plan among the existing array of plans during the Agreement term. If PERS changes the plans it offers, the City and the Association will meet and confer over the City continuing to provide an equivalent benefit at an equivalent cost. For the 2012 calendar year, the City’s contribution toward dependent coverage is 95% of the difference between the applicable “Employee and One Dependent” or “Family” maximum employer contribution for active Association employees and the maximum employer contribution for “Employee Only” coverage. . This contribution for dependents will increase annually by 5% of the difference between the single party premium and the two party or family premium, until such time as the premium of the affected dependent(s) is fully covered. For the 2013 calendar year, the City’s contribution toward dependent coverage will be 100%. (b) Retiree Medical Coverage – Employees hired on or after January 1, 2006: The CalPERS vesting schedule set forth in California Government Code §22893 will apply to all Association members hired on or after January 1, 2006. Under this law, an employee is eligible for 50% of the specified employer health premium contribution after ten (10) years of service credit, provided at least five (5) of those years were performed with the City of Palo Alto. After ten (10) years of service credit, each additional year of service credit will increase the employer contribution percentage by 5% until, at twenty City of Palo Alto and PAPOA July 1, 2014 – June 30, 2018 Page 35 of 82 (20) years’ service credit, the employee will be eligible upon retirement for 100% of the specified employer contribution. However, the maximum contribution for family members will be 90% of the specified employer contribution. Notwithstanding any other term of this section, the City of Palo Alto’s health premium contribution for employees hired on or after January 1, 2006 will be the minimum contribution set by CalPERS under California Government Code §22893 based on a weighted average of available health plan premiums. Section 2120. Psychological Counseling Program The psychological counseling program currently in effect shall be continued. The program shall provide 24-hour emergency counseling by independent professional consultants. Section 2221. Uniforms (a) The City will supply complete uniforms to all sworn personnel. All uniform items are the property of the City. One complete uniform consists of: (1) three pair of trousers, (2) three short-sleeved shirts with patches and zippers if desired, (3) three long-sleeved shirts with patches and zippers if desired, (4) three cotton or two synthetic fiber turtleneck shirts, (5) hat, (6) duty jacket with patches, (7) dress jacket with patches, (8) necktie, and (9) rain gear. (b) At the time of initial employment, every sworn employee will be issued one complete uniform. Uniform items will be replaced on an as-needed basis subject to verification by management. (c) The City shall provide uniform cleaning for sworn representation unit personnel. (d) Personnel are accountable for all uniform items issued to them. If a particular item is lost or damaged due to employee negligence, the employee will be required to reimburse the City for value of the item(s) lost or damaged. (e) The City shall reimburse employees for the full cost of job-related boots upon verification of such purchase by the employees. The City will make the reimbursement only upon proof that the previous boots have become unserviceable due to wear or damage. (Job-related boots shall mean well- constructed, high topped boots that provide full ankle and foot support, which are selected from list agreed to by Management and the Association.) Formatted: No underline, Font color: Auto Formatted: Heading 1, Left, Don't keep withnext, Don't keep lines together, Tab stops: Notat -0.75" + -0.47" + 0.43" + 0.96" + 1.44"+ 2.81" + 4.66" Formatted: No underline, Font color: Auto Formatted: No underline, Font color: Auto Formatted: Heading 1, Left, Don't keep withnext, Don't keep lines together, Tab stops: Notat -0.75" + -0.47" + 0.43" + 0.96" + 1.44"+ 2.81" + 4.66" Formatted: No underline, Font color: Auto Formatted: Tab stops: 0.56", Left City of Palo Alto and PAPOA July 1, 2014 – June 30, 2018 Page 36 of 82 Employees are responsible for the full cost of any low-top, black shoes that are worn with the uniform. Section 2322. Work Schedule (a) Field Services Division 4/11 Schedule The patrol schedule will have two sides, “A-Side” and “B-Side.” There will be ten patrol teams each supervised by a Sergeant or Acting Sergeant under the management of patrol lieutenants. Five Patrol teams will work an “A” schedule and five Patrol teams will work a “B” schedule. Patrol officers, agents, and sergeants will report for duty promptly at the designated times for each team. Patrol team schedules are as follows. Patrol Division Team Schedules A-Side B-Side Team 1A 0500 to 1600 Team 1B 0500 to 1600 Team 2A 0700 to 1800 Team 2B 0700 to 1800 Team 3A 1400 to 0100 Team 3B 1400 to 0100 Team 4A 1800 to 0500 Team 4B 1800 to 0500 Team 5A 2000 to 0700 Team 5B 2000 to 0700 Team’s 2A, 3A, and 4A are designated as field training teams. (1) 4/11 Work Schedule The work schedule will be based on an eight (8) day cycle with each employee working four (4) consecutive days on and having four (4) consecutive days off. The eight (8) day cycle will advance the employee’s workdays and days off within the calendar week one day every cycle. The overall cycle repeats itself every eight (8) weeks. Formatted: No underline, Font color: Auto Formatted: Heading 1, Left, Don't keep withnext, Don't keep lines together, Tab stops: Notat -0.75" + -0.47" + 0.43" + 0.96" + 1.44"+ 2.81" + 4.66" Formatted: No underline, Font color: Auto Formatted: Font color: Auto Formatted: Font: Not Bold, No underline, Fontcolor: Auto Formatted: Left Formatted: Left Formatted: Font: Not Bold City of Palo Alto and PAPOA July 1, 2014 – June 30, 2018 Page 37 of 82 Over the course of a year (26 pay periods) each employee works 182 eleven (11) hour regular patrol shifts totaling 2002 hours, 78-hours short of the required fulltime equivalent work year of 2080 hours. In the Patrol Division and with the approval of the Patrol Captain, a maximum of two (2) paired “fixed days” schedules (4 Employees) may be established, at the employees’ request. The regularly scheduled hours of work for such a position must cover the days off of the position with which it is paired. For example, one position could have Sunday, Monday, and Tuesday off while the other could have Thursday, Friday, and Saturday off. It shall be the responsibility of employees interested in a paired fixed day schedule to identify another employee who is willing to participate in the paired arrangement. If either employee or the Department desires to terminate a paired schedule once it is in effect, the employee or Department, as applicable, must give the other affected parties to the arrangement at least one (1) full pay period advance written notice. Resumption of the employees’ participation in the normal rotation shall begin on the first day of the second full pay period following the date notice is delivered to the other parties. Employees on a fixed schedule will be required to attend the designated CPT (Continued Professional Training) training days either on their regularly scheduled workday or on a day off. If they attend training on their regularly scheduled day off, they will be compensated by receiving an adjusted day off within the same pay period. Employees requesting a schedule different from the rotating 4/11 must submit their request in writing prior to the team selection process. The requests will only be considered on an extreme hardship basis The following hours and minimum staffing levels will be observed on both sides of the Patrol Division. During team overlaps, the combined staffing levels of the teams will serve to meet minimum staffing levels. 0700-2400 hours 1 Lieutenant/Sergeant Watch Commander 1 Sergeant/Agent Supervisor 6 Officers/Agents 0001-0300hours 1 Lieutenant/Sergeant Watch Commander 1 Sergeant/Agent Supervisor 5 Officers/Agents City of Palo Alto and PAPOA July 1, 2014 – June 30, 2018 Page 38 of 82 0300- 0700 hours 1 Sergeant Supervisor 5 Officers/Agents Under routine circumstances, personnel will be able to receive time off as long as minimum staffing numbers remain available for duty. Management may deny time off to maintain staffing greater than the minimum numbers outlined above. It’s anticipated this will only occur in special situations where greater staffing is needed. (2) Designated CPT Training Days within the 4/11 Schedule: The 4/11 Schedule will have designated CPT training days and flexible training hours to make up the seventy-eight (78) hours necessary to complete a full work year. A training bank will be created for each employee on the 4/11 Schedule to track and monitor the use and balance of the 78-hours. The training bank and its use are outlined in the next section. Management will determine the number of designated CPT training days and stagger them throughout the year in order to avoid overtime insofar as possible. Designated CPT training days will be scheduled prior to the beginning of each shift year. Unless otherwise determined by the Department, there will be five (5) designated CPT training days each year. These training days will vary in duration but will in most cases be approximately eight (8) to ten (10) hours in duration. The exact number of designated CPT training days, their duration in hours, and the remaining flexible training bank time will be determined prior to shift change and vacation selection. If it’s anticipated that the number of training days will vary in any given year, Management will notify and, on request, meet with PAPOA to consider any concerns the Association may have. Patrol personnel will not be permitted to take vacation on any one of these pre- designated CPT training days. The Division Captain may authorize an exception based on compelling circumstances. The course content and training provided on the designated CPT training days can vary from year to year to meet current and changing training needs. It will be the responsibility of the Personnel and Training Division to schedule and coordinate the training on designated CPT training days. Training days may be scheduled during daytime and/or nighttime hours to accommodate training Formatted: Indent: Left: 0" Formatted: Font: Not Bold City of Palo Alto and PAPOA July 1, 2014 – June 30, 2018 Page 39 of 82 needs. Sworn employees not on the 4/11 Schedule will be required to attend designated C.P.T. training days. Each of the training days will be broken into two (2) single day sessions for Patrol (A side and B side). It is anticipated that approximately fifty percent (50%) of the non-4/11 employees will attend one (1) of the two (2) days during each of the training cycles. If the nature and/or complexity of the training does not allow for a larger groups, multiple sessions can be scheduled on additional training days. (3) Flexible Training Hours This schedule results in seventy-eight (78) hours that will be made up during the year through designated CPT training days and flexible training time. It is anticipated that approximately fifty (50) hours will be set aside each year for designated CPT training days (exact number to be determined each year). Once the hours set aside for designated CPT training days is established, the remaining hours shall be used for flexible training as follows. Employees on the 4/11 Schedule attending training on a day off or outside their normal shift shall use their available Flexible Training Bank hours (Non-CPT Hours) prior to using overtime. All Flexible Training Bank hours must be used prior to earning overtime. The only limitation on the use of these training hours is that no employee can exceed the one hundred seventy-one (171) hour FLSA limit in any twenty-eight (28) day cycle. The combination of regular work shifts, designated CPT training days, and flexible training time cannot exceed one hundred seventy-one (171) hours in any FLSA Cycle. Any hours worked over one hundred seventy-one (171) in a twenty-eight (28) day cycle are considered premiums hours and must therefore be paid at the overtime rate. The following is a list of some of the forms of training that could use hours from the bank; SWAT DRO Range Masters Quarterly Shoots FTO Meetings K-9 Sergeant’s meetings FTO School 11550 School Radar School Supervisor school All other Training Formatted: Normal, Indent: Left: 0.5" Formatted: Font: Not Bold Formatted: Indent: First line: 0.5" City of Palo Alto and PAPOA July 1, 2014 – June 30, 2018 Page 40 of 82 If an employee doesn’t use his or her flexible training hours during the year, he or she will be required to make up the difference by either working extra shifts, partial shifts or by using vacation, compensatory time off, and/or holiday time from one of their banks at the end of each fiscal year. The Watch Commander and Supervisor will work with employees to schedule extra shifts or use vacation, holiday or compensatory time off balances. These hours are hours the employee is being compensated for during the normal twenty-six (26) pay periods. The employee must work the hours on a straight time basis or use vacation, holidays or compensatory time off for the compensation received throughout the year. (4) Other Training (not covered by the flexible training bank) The 4/11 Schedule significantly impacts designated CPT training days, shift training, and to some extent training compensated under the flexible training hours. The following guidelines should be followed when attending training not covered by the flexible training hours. All training bank hours, adjusted time off associated with training, and/or overtime associated to training shall be approved in advance by the employee’s watch commander or supervisor. One full day of training on a day off. The employee will either receive overtime for the number of hours at training or adjustment for one patrol shift. Adjustments will be documented in the City timekeeping system. One full day of training on a day on. The employee will be adjusted off their patrol shift for the day. Adjustments will be documented in the City timekeeping system. More than one day, but less than a week. For each full day of training, the employee will be adjusted off one patrol shift. Adjustments will be documented in the City timekeeping system Partial day of training on a day off. Overtime or adjustment for the number of hours actually in training. Adjustments will be documented in the City timekeeping system. Partial day of The employee will be adjusted from duty for the Formatted: Font: Not Bold Formatted Table City of Palo Alto and PAPOA July 1, 2014 – June 30, 2018 Page 41 of 82 training on day on. time of the training and be expected to work the remainder of their shift. Adjustments will be documented in the City timekeeping system. A four (4) or five (5) day (week) training session that doesn’t exceed forty-four (44) hours. Whenever possible, and depending upon where the employee is in their twenty-eight (28) day cycle, the employee will be adjusted off the patrol schedule when attending four or five day training sessions. The employee will be adjusted from four (4) eleven (11) hour shifts as compensation for attending the course. The four (4) adjusted days will be as close to the days the employee attended training as possible. Employees will not receive overtime under this situation unless the total time training exceeds forty-four (44) hours. Adjustments will be noted in the comment section of the timekeeping system. (5) Assignments of Sworn Personnel on the 4/11 Schedule Each year assignments are made for management staff for the coming fiscal year. Subsequent to those assignments, officers, agents, and sergeants apply for specialty positions. At the conclusion of those specialty selections, the Patrol Team Selection process begins. Each year, the following process will be used for patrol team selection. Field Services Division Shift Assignment Process: Field Services sergeants, agents, and officers will select their work team based on the following criteria. a. Sergeants, in order of seniority, shall select one of the ten patrol teams. Sergeants may select any open team with the exception of those teams designated as Field Training teams. FTO Sergeants, in order of seniority, will select one of the designated FTO teams. b. Field Training Officers/Agents, in order of seniority, shall select one of the slots open and designated as FTO slots on one of the three FTO teams. The following teams have been pre-designated as training teams: Team 2A, Team 3A, and Team 4A. Formatted: Normal, Left Formatted: Font: Univers, Not Bold, Fontcolor: Auto Formatted: Font: Bold Formatted: Font: Not Bold Formatted: Font: Not Bold City of Palo Alto and PAPOA July 1, 2014 – June 30, 2018 Page 42 of 82 c. K-9 Officers/Agents – K-9 officers/agents will generally select one of the night shift teams: Teams 4 and 5. Selections will be based on rank and seniority. Only one K-9 will be allowed per team and K-9’s will be evenly split between the two sides Any exception to these assignments must be requested and approved by the Field Services Coordinator prior to the start of the selection process. d. Agents, in order of seniority, shall select any of the open agent’s slots remaining on any of the patrol teams. A minimum of three (3) agents will be assigned to the A-Side and a minimum of three (3) agents will be assigned to the B-Side. If a greater number of agents are assigned to patrol, management will evenly designate agent’s slots insofar as possible to as many of the patrol teams as possible with the goal being to have one agent on each patrol team. e. Officers, in order of seniority, shall select any remaining slot available on any of the patrol teams. f. Probationary Officers - May be assigned to teams at the discretion of the Field Services Division Coordinator. These assignments will be made based on the developmental needs of the new employee, the staffing needs of the organization, and in a manner that minimizes the loss of prime bidding slots for more senior officers/ agents. Additional Team Selection Guidelines Prior to the selection process, management shall determine the number of agents, and officers assigned to each team. Additionally, management will determine which teams are available for selection by K-9 Officers/Agents. Field Training Officers/Agents, Field Training Sergeants, and probationary employees shall be subject to administrative assignment. In the spring of each year, all employees participating in the patrol team selection process will receive a schedule identifying available slots, the process for team selection, and a date and Formatted: Font: Not Bold Formatted: Font: Not Bold Formatted: Font: Not Bold Formatted: Font: Not Bold Formatted: Justified, Indent: Left: 0.25" Formatted: Indent: First line: 0" Formatted: Indent: Left: 0.5" Formatted: Indent: Left: 0.5" City of Palo Alto and PAPOA July 1, 2014 – June 30, 2018 Page 43 of 82 time for the the employee to make their selection. Team Selection Reservations – Once Officers/Agents/Sergeants select a team, they will be guaranteed that team even if they are unable to work that team at the start of the shift year due to special assignment, internship, leave of absence, disability, illness etc. Officers, Agents and Sergeants may not remain in the same time slot for more then two consecutive years. Team change request will be considered with the approval of management. Any request for an anticipated change to the assignment of sworn personnel shall be routed to the Field Services Division Coordinator prior to the selection process. (6) Vacation Selection Concurrent Vacation Authorization – Officers and Agents Patrol Division – Four (4) slots are authorized on the A-Side and four (4) slots are authorized on the B-Side. It is anticipated that this would equate to two (2) slots on night shift (Teams 3, 4, and 5) and two (2) slots on day shift (Teams 1, and 2) for each side. Any exceptions to these rules may be made by the Field Services Division Coordinator based on special circumstances. Concurrent Vacation Authorization - Sergeants Patrol Division – Two (2) slots are authorized in patrol on the A-Side and two (2) slots are authorized in patrol on the B-Side. It is anticipated that this would equate to one (1) slot on the night shift (Teams 3, 4, and 5) and one (1) slot on the dayshift (Teams 1 and 2) for each side. Exceptions to allow two (2) sergeants vacation at the same time for special circumstances may be made by the shift lieutenant. Other exceptions to this rule may be made by the Field Services Division Coordinator. a.. The A-side and B-side will have separate vacation signups. It’s also anticipated that the dayshift and nightshift will have separate signups. For Formatted: Indent: Left: 0.5" Formatted: Font: Not Bold Formatted: Normal, Left Formatted: Font: Bold Formatted: Font: Not Bold City of Palo Alto and PAPOA July 1, 2014 – June 30, 2018 Page 44 of 82 agents and above, selection will be based on rank and time in rank. Personnel having the greatest tenure in rank will have priority. For officers, selection will be based on seniority. If seniority is equal, low badge number shall have priority. b. Sergeants will have a separate signup sheet from agents and officers. During the initial sign up sergeants will have two guaranteed slots per side, one (1) on day shift and one (1) on night shift. Agents/officers will have four (4) guaranteed slots per side, two (2) on day shift and two (2) on night shift. Vacation Selection Process: Vacation selection will occur within a few weeks of the team selection process each spring. Selections will take place on two days, one day for the A-Side and one day for the B-Side. Sergeant, agents, and officers will be given time slots to come in, call in, or may submit in advance written instructions on choice for vacation weeks. The selections will be made based on rank and seniority. Both sides agree to monitor the outcome of the process and enter into a mutual agreement to continue or discontinue the process. (7) Time Keeping and Payroll All employees working under the 4/11 schedule will work eleven (11) hours a day, four (4) consecutive days a week. These eleven (11) hours will be entered in the timekeeping system on the day they are worked and/or prior to pay period payroll deadlines. Employees attending one (1) of the designated CPT training days will enter the hours of training on a “training timesheet” and enter the time in the timekeeping system. Employees using hours from their flexible training bank shall complete a “training timesheet” and enter the time in the timekeeping system. Employees working the 4/11 Schedule will not receive overtime compensation for hours worked under the following conditions. • Hours worked as part of a regular 11-hour work day. • Hours worked on a designated CPT training days. • Hours associated to training where hours from the flexible training bank could be used. • Non-Mandatory training where adjustments from the patrol schedule are possible. Formatted: Font: Not Bold Formatted: Normal Formatted: Font color: Auto Formatted: Font: Bold City of Palo Alto and PAPOA July 1, 2014 – June 30, 2018 Page 45 of 82 Overtime shall be paid for “Mandatory” training once training bank hours have been exhausted. Overtime shall be paid for “Mandatory” meetings that fall outside the specialty exemption listed below. Participation in department specialties including training, meetings, and other activities is not considered a mandatory activity when it comes to overtime compensation. Wherever possible, employees participating in department specialties and other non-mandatory activities will be adjusted off the patrol schedule for these activities. Schedule adjustments will occur as close to the activity outside the employee’s normal work schedule as possible and within the same FLSA Cycle. Schedule adjustments for personnel working nights: All personnel attending a full day of training on a work day will be adjusted off the patrol schedule for their work shift that day. In addition to being adjusted off any shift that starts on the day the training occurs, employees working Teams 3, 4, and 5 the night before the training will be adjusted off the night before as follows. If the training is all day starting in the morning hours, these adjustments will apply. Team 3: Adjusted off at 2200 hours. Teams 4 & 5: Adjusted off the entire shift. If a night shift employee is scheduled for a full day of “Mandatory” training on the morning of his or her first day off, the same adjustments listed above will apply. In addition to the necessary adjustment, employees will receive compensation for the training hours through the use of training bank hours. When training bank hours are exhausted, the employee will receive overtime. The time keeping system entries: Each employee must enter his or her time in the timekeeping system that accurately reflects the hours he or she works. When schedule adjustments are made, overtime is worked, or training bank time is used, employees must make appropriate notes in the comment section of the timekeeping system. Supervisors and timekeepers may complete the timekeeping system entries when employees are unavailable due to illness or other situations. Employees working the 4/11 Schedule shall also sign the daily schedule. Managers and supervisor will approve time entries made in the time keeping system. Managers and supervisors will pay special attention to the use of training City of Palo Alto and PAPOA July 1, 2014 – June 30, 2018 Page 46 of 82 bank time and overtime. Time entries should be reviewed for regular hours and training hours that may exceed the FLSA guideline of 171 hours in a 28 day cycle. With the 4-day on 4-day off rotation, employees will work either 66 or 88 hours in each pay period. The timekeeping system will shift adjust the appropriate number of hours into (+14) and out of (-8) the employees bi-weekly totals so each employee receives compensation for 80 hours. Regardless of the number of hours worked under the FLSA exemption, an employee will be compensated for 80 regular hours every bi-weekly payroll cycle. These shift adjusted hours (-8 or +14) will be added to or taken away from the timecard at the appropriate day/night shift differential rates for each employee. As an example, if an employee’s normal shift is paid at 75 percent day rate and 25 percent night rate, all hours shift-adjusted on to or off the timecard will be adjusted using the same approximate ratio of 75/25 percent for day/night rates. If an employee leaves city service while on the 4/11 schedule, staff and payroll shall perform the training bank reconciliation of the number of hours the employee is over or under the normal forty (40) hour workweek rate since the beginning of the current one (1) year (twenty-six [26] pay period) 4/11 cycle. If the employee has worked more hours than the forty (40) hour a week average, he or she shall be compensated for those hours at the regular rate. If the employee is under the forty (40) hour a week average, the hours will be taken from the employee’s vacation, holiday, or comp time bank and/or deducted at the regular rate from the employee’s last check. If an employee’s assignment changes from the 4/11 schedule or to the 4/11 schedule, his or her over/under rate will be calculated the same as above. Time off, extra shifts worked, and/or the adjustment of holiday, vacation, and/or comp. time banks will be used to resolve any differences between actual hours worked and the forty (40) hour weekly average. Daylight Savings Time/Pacific Standard Time Changes – Personnel on Team 4 and Team 5 will follow these guidelines when working either the spring forward or fall back. Individuals working in the spring who would lose an hour of work due to the change to Daylight Savings Time will report for duty one (1) hour early and work an eleven (11) hour shift at straight time. Individuals working in the fall will work one (1) additional hour (for a total shift of twelve (12) hours) due to the change to Pacific Standard Time. Such employees will put in for one (1) hour of overtime. Nothing in this section prevents an employee from leaving early or City of Palo Alto and PAPOA July 1, 2014 – June 30, 2018 Page 47 of 82 using time off to offset the time when staffing allows and approved by the Supervisor or Watch Commander. (8) Maximum Hours Worked - Turn Around Time Sergeants, agents, and officers may work up to a maximum number of 16 hours in a 24-hour period. Any work beyond 16 hours must be approved by a watch commander or member of management and only under exigent circumstances. Any time an employee works 16 hours or more, they must receive an 8-hour break before returning to duty. If the 8-hour break runs into the employees next shift, those hours are considered adjusted hours off. Sergeants, agents, and officers shall not exceed a maximum of one hundred forty (140) hours in a 14 day pay period. Any work beyond one hundred forty (140) hours must be approved by the employee’s Lieutenant and Captain, and should rarely occur only under extreme situations. Sergeants and Lieutenants authorizing overtime in excess of the daily limit (16-hours) and/or the bi-weekly limit (140 hours) shall send a short email to their Lieutenant and Captain explaining the reason for the excess work. It is the employee’s responsibility to monitor their hours and notify the supervisor and/or watch commander of their hours worked when approaching the daily or bi-weekly limits or being requested to work overtime. (9) Shift Exchanges Sergeants, agents, and officers may exchange work shifts with another employee of the same rank. Agents and officers may be interchangeable if simply filling the role of an officer on the schedule. Personnel must submit a shift exchange request form to their supervisor and lieutenant. Shift exchanges require a lieutenant’s approval except when short notice makes that impossible. Shift exchanges can only occur for entire shifts, Shift exchange request forms must contain the pay back date for the second half of the shift exchange. Both halves of the exchange must occur in the same 28-day FLSA Cycle (refer to Yearly 4/11 patrol Schedule for FLSA Cycles). Once an employee agrees to an exchange shift, he or she is responsible for that shift. If he or she fails to show up for the shift and/or is sick, the time will be deducted from his or her applicable leave balance to the extent the employee qualifies for such deduction under the applicable leave policy. Failure to show up for a shift may also result in disciplinary action. Formatted: Font: Not Bold Formatted: Font: Not Bold City of Palo Alto and PAPOA July 1, 2014 – June 30, 2018 Page 48 of 82 (10) On-duty workout period and sign up: When staffing allows and with supervisory approval, employees may workout on- duty for a period of up to one (1) hour. The hour shall include the work out, a shower, and dressing time. Specific guidelines and conditions are outlined in the Wellness Program Policy. (b) Traffic Team Sworn members of the Traffic Team shall work a ten-hour (10) day, four (4) day workweek schedule. Traffic Team officers/agents may be assigned as part of minimum staffing at the discretion of management. Effective July 1, 2008, the Take Home Motor Program will be discontinued. On a one time basis, employees assigned to motors who are in paid status the first full pay period after Council adoption of this MOU, will receive one time non PERSable stipend representing 2.5% of base salary of the employee’s classification minus applicable state and federal taxes. On a one time basis, employees assigned to motors who are in paid status the first full pay period after Council adoption of this MOU, will receive one time non PERSable stipend representing 2.5% of base salary of the employee’s classification minus applicable state and federal taxes. (c) Special Operation Sergeant/Crime Suppression Team The Special Operations Sergeant and team members shall generally work a ten (10) hour day, four (4) day workweek schedule. Given the nature of the team’s assignment, it is anticipated and expected that their schedules should be flexible and adapt to organizational needs. (d) ISD and Other Sworn Classifications All sworn personnel assigned to ISD, Staff Assistant, Personnel and Training and Community Policing shall work a ten (10) hour day, four-day work week schedule. (1) Work Schedule Formatted: Font: Not Bold Formatted: Font: Not Bold Formatted: No underline Formatted: Font: Not Bold, No underline Formatted: Indent: Left: 0.43", Tab stops: 1", Left + Not at 0.96" + 1.44" Formatted: Font: Not Bold Formatted: No underline Formatted: Font: Not Bold Formatted: No underline City of Palo Alto and PAPOA July 1, 2014 – June 30, 2018 Page 49 of 82 The ten hours shall generally be worked between the hours of 0700 and 1900, with specific schedules subject to approval by appropriate supervisors. The ten (10) -hour work schedule shall be worked within a period of ten hours, with a working lunch period not to exceed thirty (30) minutes. As an alternative, with Management approval, the ten-hour work schedule may be worked within eleven hours, with a one (1) hour unpaid lunch break. Changing alternatives will require prior approval by Management. (2) Work Week For ISD personnel, one-half of the Division will work Monday through Thursday, while the other half will work Tuesday through Friday. All other sworn personnel covered under Section 23 (b) & (c) will also work either Monday through Thursday, or Tuesday through Friday. (3) Late Detective Shift Two detectives will be assigned on a rotational basis to the late shift from 1200 to 2200 to provide evening coverage. Assignment to the late detective shift, where possible, will be by advanced sign up with each detective selecting two weeks each quarter according to a protocol determined by seniority, needs of the division and needs of the employee. Generally, there will be one detective from each half of the division working the late detective shift during each week. (e) (f) (e) Forty-hour Training Schedule For all sworn employees who attend training that is four (4) or five (5) days in duration (a week), their schedules will be adjusted from the normal work week. Employees will not receive overtime during scheduled training as described here unless it exceeds their normal forty (40) or forty-four (44) hour workweek. Schedule adjustments will be documented in the notes section when making the timekeeping system entries. Formatted: Font: Not Bold Formatted: No bullets or numbering Formatted: Indent: Left: 0", First line: 0" Formatted: Font: Not Bold, No underline Formatted: No bullets or numbering Formatted: No underline City of Palo Alto and PAPOA July 1, 2014 – June 30, 2018 Page 50 of 82 Section 2423. Overtime Pay and Compensatory Time Off (a) (a) Overtime pay shall be provided at the rate of time and one-half of the employee's regular rate, including night shift differential, working out of classification pay, and specialty assignment premium pay as defined under Section 7, 8 and 10. (a)(b) Compensatory time off, which is approved by management in-lieu of overtime payment on a staffing available basis, will be taken at the rate of 1-1/2 hours for every hour of credited overtime. In the event compensatory time off is used as the method of compensating for overtime, the time off will be taken prior to the end of the quarter in which it is earned. All compensatory time balances shall be paid at the end of each quarter, with warrants issued in the first pay period of the new quarter. Employees may request in writing to carry over up to 80 hours of compensatory time from quarter to quarter. During the final calendar year quarter, employees who have vacation accrual balances of less than two times their annual accrual rate, less 80 hours, may request in writing to convert up to 80 hours of unused compensatory time to vacation per calendar year, to be transferred in the first pay period of the calendar year (c) Employees called out to perform work, attend meetings or required training shall be compensated for at least three hours pay for each occurrence at the appropriate overtime rate. Section 2524. Overtime Sign-Up (a) Planned Overtime. Planned overtime includes patrol staffing, special events, traffic control functions or any other overtime needs which can be identified prior to the 20th day of the preceding month. On or about the 20th of each month, watch commanders will post a list of dates/shifts requiring overtime for the next month. Officers, Agents, and Sergeants will be given a reasonable period of time to sign up for the available overtime assignments. On or about the 25th of the month, planned overtime will be filled from the sign up list using the rotational overtime call out list. Agents may place themselves on the sign up list for supervisor overtime, however will only be considered if no sergeant requests the shift. Overtime that isn’t filled during the planned overtime process may be filled at management’s discretion. Formatted: No underline, Font color: Auto Formatted: Heading 1, Left, Indent: Left: 0",First line: 0", Tab stops: Not at -0.75" + -0.47" + 0.43" + 0.75" + 1.44" + 2.81" + 4.66" Formatted: No underline, Font color: Auto Formatted: Numbered + Level: 1 +Numbering Style: a, b, c, … + Start at: 1 +Alignment: Left + Aligned at: 0" + Tab after: 0.44" + Indent at: 0.44" Formatted: No underline Formatted: Heading 1, Left, Don't keep withnext, Don't keep lines together, Tab stops: Not at -0.75" + -0.47" + 0.43" + 0.75" + 1.44"+ 2.81" + 4.66" Formatted: No underline City of Palo Alto and PAPOA July 1, 2014 – June 30, 2018 Page 51 of 82 Employees assigned to a fixed work schedule such as ISD, P&T, and Staff Assistant may adjust their work schedule with their manager’s approval in order to work a planned patrol overtime assignment. This schedule adjustment must be completed within the same work week as the planned overtime assignment. Schedule adjustments will normally be approved unless there is a conflict with a previously scheduled activity within the work unit or the schedule adjustment would be disruptive to the operation of the unit. Employees bidding for planned overtime requiring a shift adjustment must make a notation next to the assignment indicating a shift adjustment would be necessary. Only one overtime shift requiring a shift adjustment can be worked per work week. (b) Unplanned Overtime. Unplanned overtime is overtime that wasn’t identified prior to the 20th of the preceding month. Unplanned overtime will be filled by the following procedures. 1) The Watch Commander or Supervisor may request an employee extend their shift or come in early. If a volunteer cannot be identified to hold over or come in early, the rotational overtime list will be used. 2) Employees interested in working unplanned overtime will be placed on a rotational overtime list in order of seniority. When an overtime shift is available, a manager or supervisor will call the next person on the list. If that person declines the opportunity, is not available, is already working, or takes the overtime, he/she will be placed at the bottom of the list. The lists will be continually updated in order to rotate the names. There will be separate lists for sergeants and officers/agents for unplanned overtime. A separate supervisory list will be maintained for agents interested in working supervisory overtime. Agents will be offered supervisory overtime positions only if no sergeants have accepted the opportunity. 3) If the watch commander or supervisor is unable to fill overtime through any of these procedures, he or she may order an individual to extend their shift, come in early, or come in on a day off. A log on those required to work mandatory overtime will be kept in the overtime book. Mandatory overtime should be rotated in order of reverse seniority. c) Overtime Minimum. With regard to both planned and unplanned patrol team overtime, there is no minimum number of hours. Planned overtime postings and unplanned overtime will be offered for the actual number of hours needed. If small Formatted: No underline Formatted: Indent: Left: 0.44", First line: 0" Formatted: No underline City of Palo Alto and PAPOA July 1, 2014 – June 30, 2018 Page 52 of 82 blocks of overtime aren’t filled by on-duty personnel adding them to an existing shift, managers may apply a 6-hour minimum to a shift for personnel coming in on a day off. (d) These overtime procedures may be reviewed and/or modified at the mutual agreement of both management and PAPOA. Section 2625. Jury Duty No employee shall be required to work a combination of jury duty and work time to exceed 12 hours during a 24-hour period. The period shall commence at the required time of appearance for jury duty. Jury duty is defined as the time between required time of appearance and dismissal. Work time excused as a result of jury duty will be compensated at the regular rate of pay. Section 2726. . Vacation Accrual Vacation will be accrued when an employee is in pay status and will be credited on a bi-weekly basis. Such accrual and credit shall not exceed three times the annual rate of accrual. Each eligible employee shall accrue vacation at the following rate for continuous service performed in pay status: (a) Less than four (4) years - For employees completing less than four years continuous service; (8) Shifts vacation leave per year. (b) Four, but less than nine years - For employees completing four, but not more than nine (9) years continuous service; 12 Shifts vacation leave per year. (c) Nine (9), but less than fourteen (14) years - For employees completing nine (9), but not more than fourteen (14) years continuous service; (16) Shifts vacation per year. (d) Fourteen (14), but less than nineteen (19) years - For employees completing fourteen (14), but not more than nineteen (19) years continuous service; (18) Shifts vacation leave per year. (e) Nineteen (19) or more years - For employees completing nineteen (19) or more years continuous service; (20) Shifts vacation leave per year. Example: An employee with less than four (4) years working a 4/10 Schedule will receive eight (8) Shifts or eighty (80) hours of vacation. The same employee working Formatted: No underline, Font color: Auto Formatted: Heading 1, Left, Don't keep withnext, Don't keep lines together, Tab stops: Notat -0.75" + -0.47" + 0.43" + 0.75" + 1.44"+ 2.81" + 4.66" Formatted: Heading 1, Left, Tab stops: Not at -0.75" + -0.47" + 0.43" + 0.75" + 1.44" + 2.81" + 4.66" Formatted: No underline, Font color: Auto Formatted: No underline, Font color: Auto City of Palo Alto and PAPOA July 1, 2014 – June 30, 2018 Page 53 of 82 the 4/11 Schedule will receive eight (8) Shifts or eighty-eight (88) hours of vacation. Section 2827. Use of Vacation (a) When to be taken. The time at which an employee may use his/her accrued vacation leave and the amount to be taken at any one time shall be determined by the department head with particular regard for the needs of the City, but insofar as possible, considering the wishes of the employee. (b) Limitation on use. Employees may not use more than their annual rate of accrual in any calendar year period, provided, however, that a department head my grant exceptions to this limitation. (c) Waiting period. Employees shall complete six months continuous service before using accrued vacation leave. (d) Double compensation prohibited. Employees shall not work for the City during their vacation. (e) Vacation splitting. It is the intention of the City that vacation be taken in units of one week; however, with the approval of the department head, an employee may use one week of his/her accrued vacation in any calendar year in units of less than one work week, but in no instance in units of less than one-half of the normal workday or shift. Requests for exception to this procedure must be approved by the City Manager. (g)(e) Vacation Cashout. Once each calendar year an employee may cash out eight or more hours of vacation accrual in excess of 80 hours to a maximum of 120 hours, provided that the employee has taken at least 80 hours as vacation in the previous 12 months. 1. Effective for the 2012 tax year and each subsequent year, to be eligible to cash out vacation, employees must pre-elect the number of vacation hours they will cash out during the following calendar year, up to the maximum of 120 hours, prior to the start of that calendar year. The election will apply only to vacation hours accrued in the next tax year and eligible for cash out. 2. The election to cash out vacation hours in each designated year will be irrevocable. This means that employees who elect to cash out vacation Formatted: No underline, Font color: Auto Formatted: Heading 1, Left, Don't keep withnext, Don't keep lines together, Tab stops: Notat -0.75" + -0.47" + 0.43" + 0.75" + 1.44"+ 2.81" + 4.66" Formatted: No underline Formatted: No underline Formatted: No underline Formatted: No underline Formatted: No underline Formatted: No underline City of Palo Alto and PAPOA July 1, 2014 – June 30, 2018 Page 54 of 82 hours must cash out the number of accrued hours pre-designated on the election form provided by the City. 3. Employees who do not pre-designate or decline a cash out amount by the annual deadline established by the City will be deemed to have waived the right to cash out any leave in the following tax year and will not be eligible to cash out vacation hours in the next tax year. 4. Employees who pre-designate cash out amounts may request a cash out at any time in the designated tax year by submitting a cash out form to payroll. Payroll will complete the cash out upon request, provided the requested cash out amount has accrued and is consistent with the amount the employee predesignated. If the full amount of hours designated for cash out is not available at the time of cash out request, the maximum available will be paid. 5. For employees who have not requested payment of the elected cash out amount by November 1 of each year, Payroll will automatically cash out the pre-designated amount in a paycheck issued on or after the payroll date including November 1. Within 90 days of adoption of this MOA, the parties agree to talk further about the administration and communication of the vacation cash out process. Section 2928. Vacation Pay at Termination Employees leaving the municipal service with accrued vacation leave shall be paid the amounts of accrued vacation to the date of termination. Payments for accrued vacation shall be at the employee's current rate of pay. Section 3029. Vacation Benefits for Deceased Employees An employee who is eligible for vacation leave and who dies while in the municipal service shall have the amount of any accrued vacation paid to the employee's estate within thirty days. This proration will be computed at the last basic rate of pay. Section 31.30. Effect of Extended Military Leave An employee who interrupts his service because of an extended military leave shall be compensated for accrued vacation at the time the leave becomes effective. Formatted: No underline, Font color: Auto Formatted: Heading 1, Left, Don't keep withnext, Don't keep lines together, Tab stops: Notat -0.75" + -0.47" + 0.43" + 0.75" + 1.44"+ 2.81" + 4.66" Formatted: No underline, Font color: Auto Formatted: No underline, Font color: Auto Formatted: Heading 1, Left, Don't keep withnext, Don't keep lines together, Tab stops: Notat -0.75" + -0.47" + 0.43" + 0.75" + 1.44"+ 2.81" + 4.66" Formatted: No underline, Font color: Auto Formatted: No underline, Font color: Auto Formatted: Heading 1, Left, Tab stops: Not at -0.75" + -0.47" + 0.43" + 0.75" + 1.44" + 2.81" + 4.66" Formatted: No underline, Font color: Auto Formatted: Font color: Auto City of Palo Alto and PAPOA July 1, 2014 – June 30, 2018 Page 55 of 82 Section 312. Sick Leave (a) Statement of Policy. Sick leave shall be allowed and used only in case of actual personal sickness or disability, medical or dental treatment, or as authorized in Subsection 33 (e), personal business chargeable to sick leave. Up to 8 days sick leave per year may be used for illness in the immediate family (spouse, child, parent, parent-in-law, brother, sister, registered domestic partner, or close relative residing in the household of the employee). (b) Eligibility. Regular and part-time employees shall be eligible to accrue and use sick leave. (c) Accrual. Sick leave shall be accrued bi-weekly provided the employee has been in a pay status for 50 percent or more of a bi-weekly pay period. Sick leave shall be accrued at the rate of 3.7 hours per bi-weekly pay period. (d) Accumulation. Accrued sick leave may be accumulated without limit, except as provided in Section 31(h). (e) Use. Sick leave may be used as needed and approved, to the point of depletion, at which time the employee will no longer receive pay for sick leave. A new employee may, if necessary, use up to forty-eight hours or shift equivalent of sick leave at any time during the first six months of employment. Any negative balances generated by such utilization will be charged against future accrual or deducted from final paycheck in the event of termination. An employee who has been disabled for 60 consecutive days and who is otherwise eligible both for payment under the long-term disability group insurance coverage and accrued sick leave benefits may, at his/her option, choose either to receive the long-term disability benefits or to utilize the remainder of his/her accrued sick leave prior to applying for long-term disability benefits. Sick leave will not be granted for illness occurring during any leave of absence other than sick leave, unless the employee can demonstrate that it was necessary to come under the care of a doctor while on such other leave of absence. When an employee finds it necessary to be absent for any reason, he/she should cause the facts to be reported to the department within one hour after his/her regular starting time on the first working day of absence, and shall regularly report on, or account in advance for each work day thereafter unless hospitalized or Formatted: No underline, Font color: Auto Formatted: Heading 1, Left, Don't keep withnext, Don't keep lines together, Tab stops: Notat -0.75" + -0.47" + 0.43" + 0.75" + 1.44" + 2.81" + 4.66" Formatted: No underline, Font color: Auto Formatted: No underline Formatted: No underline Formatted: No underline Formatted: No underline Formatted: No underline City of Palo Alto and PAPOA July 1, 2014 – June 30, 2018 Page 56 of 82 otherwise indisposed. Such reports may be subject to written documentation if there is reasonable evidence that sick leave abuse has occurred. Sick leave shall not be granted unless such report or advance accounting has been made, provided, however, that the department head may grant exception to this policy where the circumstances warrant. Documentation may also be required if there is a reasonable basis to believe that the employee may not be medically fit to return to work. (f) Depletion of Sick Leave Benefits. Upon depletion of sick leave or the beginning of the period to be covered by payments under the long-term disability group insurance coverage, whichever comes first, an employee may be granted a medical leave of absence without pay for a period not exceeding sixty days. If the employee is unable to return to work at the end of this period, he/she must request further medical leave which will be subject to the approval of the City Manager. If further leave is granted, the employee must notify the City of intent to return to work every thirty days. If further leave is not granted, the employee's service with the City shall be considered terminated. (g) Forfeiture Upon Termination. Employees leaving the municipal service shall forfeit all accumulated sick leave, except as otherwise provided by law and Subsection 32(h). In the event that notice of resignation is given, sick leave may be used only through the day which was designated as the final day of work by such notice. (h) Payment for Accumulated Sick Leave. Employees hired before August 1, 1986 who leave the municipal service in good standing, or who die while employed in good standing by the City, and who have fifteen or more years of continuous service shall receive compensation for unused sick leave hours in a sum equal to two and one-half percent of their unused sick leave hours multiplied by their years of continuous service and their basic hourly rate of pay at termination. For all employees entering the service of the City prior to March 2, 1983, full sick leave accrual will be paid in the event of termination due to disability. For all employees hired after August 1, 1986, sick leave accrual accumulation shall be limited to 1,000 hours with no payoff provision for unused balance at termination. (i) Personal Business Leave Chargeable to Sick Leave. Up to 2 Shifts (20-Hours for 4/10 employees and 22-Hours for 4/11 employees) per year of personal Formatted: No underline Formatted: No underline Formatted: No underline Formatted: No underline City of Palo Alto and PAPOA July 1, 2014 – June 30, 2018 Page 57 of 82 business leave may be chargeable to sick leave. Time off under this provision is subject to management scheduling approval. Time off under this provision is subject to management scheduling approval. (j) Return to Work or Continue Work With Limited/Alternative Duty. In cases of non-work-related injury, illness or pregnancy, an employee, upon approval of the department head, City Risk Manager and the employee's doctor, may elect to return to work or continue work with doctor-approved limited or alternative duty. Approval for such limited/alternative duty shall be based upon department ability to provide work consistent with medical limitations and the length of time of the limitations. Shift employees must be willing to accept any non-shift limited duty schedule work locations and may be subject to the reasonable availability of limited duty assignments. The City doctor may be consulted in determining work limitations. Any assignment to a limited/alternative duty will be on a temporary basis. The provisions of this section are not intended to create any permanent light/alternative duty assignments. Any assignment to a limited/alternative assignment shall not displace any other employee without consent of all parties, including the Association. Section 3332. Leaves of Absence Without Pay (a) Disability. Leaves of absence without pay may be granted in cases of disability not covered by sick leave. Pregnancy will be considered as any other disability. Leaves of absence for disability are subject to physicians' verification including diagnosis and medical work restriction. (b) Other leaves. Leaves of absence without pay may be granted in cases of personal emergency or when such absences would not be contrary to the best interest of the City. Non-disability prenatal and/or postpartum leave is available under this provision, but such leave shall not begin more than six months prenatal nor extend more than six months postpartum. (c) During unpaid leaves of absence for disability or other reasons, the employee may elect to use accrued vacation credits. Requests for leaves without pay shall not be unreasonably denied. In order to avoid misunderstandings, all leaves without pay must be in writing to be effective. Formatted: Font: Not Bold, No underline Formatted: No underline Formatted: No underline, Font color: Auto Formatted: Heading 1, Left, Don't keep withnext, Don't keep lines together, Tab stops: Notat -0.75" + -0.47" + 0.43" + 0.75" + 1.44"+ 2.81" + 4.66" Formatted: No underline, Font color: Auto Formatted: No underline Formatted: No underline City of Palo Alto and PAPOA July 1, 2014 – June 30, 2018 Page 58 of 82 (d) Approval of department head. Leave of absence without pay for one week or less may be granted by the department head, depending on the merit of the individual case. (e) Approval by City Manager. Leave of absence without pay in excess of one week's duration may be granted by the City Manager on the merit of the case, but such leave shall not exceed twelve months' duration. (f) Absence without leave. Unauthorized leave of absence shall be considered to be without pay, and reductions in the employee's pay shall be made accordingly. Unauthorized leave of absence may result in termination of employment. (g) Leave of absence; death outside the immediate family. Leave without pay may be granted a regular employee by his/her department head in the event of death to family members other than one of the immediate family, such leave to be granted in accordance with Section 34 (b), (c) , (d) and (e). (h) Military leave of absence. State and federal law shall govern the granting of military leaves of absence and the rights of employees returning from such absence. Section 3433. Leave of Absence With Pay The City Manager may grant a regular employee under his/her control a leave of absence with pay for a period not exceeding thirty calendar days for reasons he/she deems adequate and in the best interest of the City. The City Council may grant a regular employee a leave of absence with pay for a period not to exceed one year for reasons the Council considers adequate and in the best interest of the City. (a) Subpoenas; leave of absence. Regular employees who are subpoenaed to appear as witnesses in behalf of the State of California or any of its agencies may be granted leaves of absence with pay from their assigned duties until released. The employee shall remit all fees received for such appearances to the City within thirty days from the termination of his or her services. Compensation for mileage or subsistence allowance shall not be considered as a fee and shall be retained by the employee. (b) Employee's time off to vote. Time off with pay to vote at any general or direct primary election shall be granted as provided in the State of California Elections Formatted: No underline Formatted: No underline Formatted: No underline Formatted: No underline Formatted: No underline Formatted: No underline, Font color: Auto Formatted: Heading 1, Left, Don't keep withnext, Don't keep lines together, Tab stops: Notat -0.75" + -0.47" + 0.43" + 0.75" + 1.44"+ 2.81" + 4.66" Formatted: No underline, Font color: Auto Formatted: No underline Formatted: No underline City of Palo Alto and PAPOA July 1, 2014 – June 30, 2018 Page 59 of 82 Code, and notice that an employee desires such time off shall be given in accordance with the provisions of said Code. (c) Leave of absence; death in immediate family. Leave of absence with pay of three days shall be granted an employee by the head of his or her department in the event of death in the employee's immediate family, which is defined for purposes of this section as wife, husband, son, step-son, son-in-law daughter, step-daughter, daughter-in-law, father, step-father, father-in-law, mother, step-mother, mother-in-law, brother, step-brother, brother-in-law, sister, step-sister, sister-in-law, grandmother, grandmother-in-law, grandfather, grandfather-in-law, grandchildren, aunt, uncle, niece, nephew, registered domestic partner, or a close relative residing in the household of the employee. Such leave shall be at full pay and shall not be charged against the employee's accrued vacation or sick leave. Requests for leave in excess of three days shall be subject to the approval of the City Manager. Approval of additional leave will be based on the circumstances of each request with consideration given to the employee’s need for additional time off. (d) Jury duty; leave of absence. Employees required to report for jury duty shall be granted a leave of absence with pay from their assigned duties until released by the court, provided the employee remits to the City all fees received for such duties other than mileage or subsistence allowances within thirty days from the termination of his/her jury service. Section 3534. Reduction in Force In the event of reductions in force, they shall be accomplished wherever possible through attrition. If the work force is reduced within the bargaining unit for reasons of change in duties or organization, abolition of position, shortage of work or funds, or completion of work, employees with the shortest length of service will be laid off first so long as employees retained are fully qualified, trained and capable of performing remaining work. Length of service for the purpose of this article will be based on total City service in a regular classification or classifications. Employees laid off due to the above reasons will be given written notice at least thirty days prior to the reduction in force. A copy of such notice will be given to the Association. Section 3635. Agents Formatted: No underline Formatted: No underline Formatted: No underline, Font color: Auto Formatted: Heading 1, Left, Don't keep withnext, Don't keep lines together, Tab stops: Not at -0.75" + -0.47" + 0.43" + 0.75" + 1.44"+ 2.81" + 4.66" Formatted: No underline, Font color: Auto Formatted: No underline Formatted: Heading 1, Left, Tab stops: Not at -0.75" + -0.47" + 0.43" + 0.75" + 1.44" + 2.81" + 4.66" Formatted: No underline City of Palo Alto and PAPOA July 1, 2014 – June 30, 2018 Page 60 of 82 The number of Agent positions shall be governed by the August 12, 1981, Arbitration Award. Section 3736. Commute Incentives and Parking in Civic Center Garage Commute Incentives-- Represented employees who qualify may voluntarily elect one of the following commute incentives: Public Transit. The City will provide monthly Commuter Checks worth the value of: $40 for employees traveling three or more zones on Caltrain; $40 for employees using the Dumbarton Express, BART, the ACE train, or a commuter highway vehicle; $35 for employees traveling less than three zones on Caltrain; $35 for employees using VTA and other buses. These vouchers may be used toward the purchase of a monthly transit pass. Carpool. The City will provide carpool vouchers worth the value of $30 per month to each eligible employee in a carpool with two or more people. These vouchers may be used at designated service stations toward the purchase of fuel and other vehicle- related expenses. Vanpool Program. The City will provide Commuter Checks worth the value up to $60 to each employee voluntarily participating in the Vanpool Program. These vouchers may be used toward payment of the monthly cost. Employees must fulfill the basic requirements of the Employee Commute Alternatives Program to qualify. Bicycle. The City will provide bicycle vouchers worth the value of $20 per month to eligible employees who ride a bicycle to work. These vouchers may be used at designated bicycle shops for related bicycle equipment and expenses. Walk. The City will provide walker vouchers worth the value of $20 per month to eligible employees who walk to work. These vouchers may be used at designated stores for expenses related to walking such as footwear and related accessories. Parking in the Civic Center Garage--Employees assigned to Civic Center and adjacent work locations will be provided with a Civic Center Garage parking permit. New employees hired after June 30, 1994 may initially receive a parking permit for another Formatted: No underline, Font color: Auto Formatted: Heading 1, Left, Don't keep withnext, Don't keep lines together, Tab stops: Notat -0.75" + -0.47" + 0.43" + 0.75" + 1.44"+ 2.81" + 4.66" Formatted: No underline, Font color: Auto Formatted: No underline Formatted: Indent: Left: 0" Formatted: No underline Formatted: Indent: Left: 0" Formatted: Indent: First line: 0" Formatted: No underline Formatted: Indent: Left: 0" Formatted: No underline Formatted: Indent: Left: 0" Formatted: No underline Formatted: No underline Formatted: Indent: Left: 0" Formatted: Indent: Left: 0" Formatted: No underline Formatted: Indent: Left: 0" City of Palo Alto and PAPOA July 1, 2014 – June 30, 2018 Page 61 of 82 downtown lot, subject to the availability of space at the Civic Center Garage. Section 3837. Disciplinary Action and Unsatisfactory Work or Conduct (a) Except as provided in Section 6 (Probationary Period) of this agreement, no employee shall be disciplined without just cause. For the purpose of this section, "discipline" shall be deemed to include discharge, demotion, reduction in salary, written reprimand, disciplinary probation and suspension. Discipline shall be deemed not to include verbal reprimands or reductions in force. (b) Non-probationary employees whose work or conduct is unsatisfactory but not sufficiently deficient to warrant discipline, demotion, or discharge will be given a written notification of unsatisfactory work or conduct and an opportunity to improve. Failure to correct deficiencies and improve to meet standards may result in discipline, demotion or discharge. (c) Notice of disciplinary action must be in writing and served on the employee in person or by registered mail prior to the disciplinary action becoming effective. However, in extreme situations where there is reasonable cause, the employee may be removed from duty immediately with pay pending such disciplinary action. The notice must be filed on a timely basis with the Human Resources Department and included in the employee's personnel file. The notice of disciplinary action shall include: (1) Statement of the nature of the disciplinary action; (2) Effective date of the action; (3) Statement of the cause thereof; (4) Statement in ordinary and concise language of the art or the omissions upon which the causes are based; (5) Copies of any documents or other items of evidence upon which the disciplinary action was fully or in part based; (6) Statement advising the employee of his/her right to appeal from such action, and the right to Association representation. (d) If the disciplinary action consists of suspension, any suspension time previously given shall be credited to the final disciplinary action. Formatted: No underline, Font color: Auto Formatted: Heading 1, Left, Don't keep withnext, Don't keep lines together, Tab stops: Notat -0.75" + -0.47" + 0.43" + 0.75" + 1.44"+ 2.81" + 4.66" Formatted: No underline, Font color: Auto City of Palo Alto and PAPOA July 1, 2014 – June 30, 2018 Page 62 of 82 (e) Subject to state law requirements, employees may request that disciplinary actions be sealed according to the following schedule: (1) Written reprimands with no recurrence after one (1) year. (2) Disciplinary probation after three (3) years from the implementation of such probation, if no other disciplinary action has occurred during that period. (3) Suspensions less than three (3) days without recurrence, after two (2) years. (4) Suspensions more than three (3) days but less than six (6) days, after three (3) years. (5) Suspensions of six (6) days or more, after five (5) years. For the purpose of these sections, the time starts from the time of action following the Skelly process (day discipline is imposed). Written requests for the sealing of disciplinary actions should be directed to the Personnel and Training Coordinator. Sealing shall include all memos, letters, correspondence, complaint forms, and any other material pertaining to the disciplinary action that has been placed in the employee's personnel file. Sealing shall not include the sealing of any material related to criminal offenses for which the employee was charged except in concurrence with the sealing or expungement of criminal charges by a court of competent jurisdiction or in the event of a complete exoneration of the employee by the judicial system. The City Human Resources Department shall be notified in all cases where sealing of disciplinary action is taken. Human Resources Department copies of the disciplinary actions will be disposed of in a manner consistent with the Police Department's action. The sealed action shall not be held to discriminate against the employee in any subsequent disciplinary action, or in the event of promotion, merit step raise, transfer, request for educational leave, modification of duties, vacation selection, application for other employment, or against any other action the employee may take for his or her personal improvement. City of Palo Alto and PAPOA July 1, 2014 – June 30, 2018 Page 63 of 82 Once sealed, the file shall not be opened unless the employee requests such unsealing and then only for examination by the person or persons whom the employee specifies or at the discretion of the Chief of Police, who in the absence of a demonstrable emergency shall notify the employee a minimum of 48 hours before the opening of the sealed file and the reason for opening. In the event the employee cannot be notified in advance, notification must be made on the employee's first duty day after the sealed file is opened. Section 3938. Grievance Procedure (a) The City and the Association recognize that early settlement of grievances is essential to sound employee-employer relations. The parties seek to establish a mutually satisfactory method for the settlement of employee grievances, or Association grievances, as provided for below. In presenting a grievance, the aggrieved and/or his or her representative is assured freedom from restraint, interference, coercion, discrimination or reprisal. (b) Definition. A Grievance is: (1) An unresolved complaint or dispute regarding the application or interpretation of rules, regulations, policies, procedures, Memoranda of Agreement, or City ordinances or resolutions, relating to terms conditions of employment, wages or fringe benefits. (2) An appeal from a disciplinary action of any kind against an employee covered by this Memorandum of Agreement. (c) Access to the Grievance Procedure. Except as provided in Section 6, Probationary Period, all employees represented by the Association may file and process a grievance. Such aggrieved employees may be represented by the Association or may represent themselves in preparing and presenting their grievance at any level of review. The Association may file a grievance when an Association right not directly related to an individual employee becomes subject to dispute. Formatted: No underline, Font color: Auto Formatted: Heading 1, Left, Don't keep withnext, Don't keep lines together, Tab stops: Notat -0.75" + -0.47" + 0.43" + 0.75" + 1.44"+ 2.81" + 4.66" Formatted: No underline, Font color: Auto Formatted: No underline Formatted: No underline City of Palo Alto and PAPOA July 1, 2014 – June 30, 2018 Page 64 of 82 (d) Conduct of Grievance Procedure. (1) The time limits specified in this Article may be extended by mutual agreement in writing of the aggrieved employee or the Association and the reviewer concerned. (2) Should a decision not be rendered within a stipulated time limit, the aggrieved employee may immediately appeal to the next step. (3) The grievance may be considered settled if the decision of any step is not appealed within the specified time limit. (4) If appropriate, the aggrieved employee or the Association and Management may mutually agree to waive any step of the grievance procedure. (5) Written grievances shall be submitted on forms provided by the City or on forms which are mutually agreeable to the City and the Association. (6) Any retroactivity on monetary grievances shall be limited to the date of occurrence, except in no case will retroactivity be granted prior to three months before the grievance was filed in writing. Step I. The aggrieved employee will first attempt to resolve the grievance through informal discussions with his or her immediate supervisor by the end of the tenth working day following the discovery of or the incident upon which the grievance is based. Every attempt will be made to settle the issue at this level. (Note: For purposes of time limits, the working days are considered to be Monday through Friday, exclusive of City holidays.) Step II. If the grievance is not resolved through the informal discussion, the employee will reduce the grievance to writing and submit copies to the division head or equivalent level Management employee as designated by Management as appropriate within ten working days of the discussion with the immediate supervisor. The division head or equivalent level Management employee shall have ten working days from the receipt of a written grievance to review the matter and prepare a written statement. Step III. If the grievance is not resolved at Step II, the aggrieved employee may appeal to his or her department head in writing within ten working days of the receipt of the division head's response. Formatted: No underline Formatted: No underline Formatted: No underline Formatted: No underline City of Palo Alto and PAPOA July 1, 2014 – June 30, 2018 Page 65 of 82 The department head shall have ten working days from the receipt of a written grievance to review the matter and convey his or her decision by written statement. Step IV. If the grievance is not resolved at Step III, the aggrieved employee may appeal to an Adjustment Board. Appeals to the Adjustment Board shall be made in writing and directed to the Human Resources Director within ten working days of receipt of the department head's response. The Human Resources Director shall convene an Adjustment Board within ten working days of receipt of the appeal. The Adjustment Board shall consist of two persons appointed by the Association and two persons appointed by Management. The Adjustment Board is empowered to call City employees as witnesses. Within the context of Step IV, the Adjustment Board will have the same powers and limitations to settle grievances as an arbitrator. A majority decision of the Adjustment Board shall be final and binding. The Adjustment Board shall render its findings and decisions (if any) to the parties within ten working days of its meeting. Step V. If the grievance is not resolved at Step IV, the aggrieved employee may choose between final and binding resolution of the grievance through appeal to the City Manager or through appeal to final and binding grievance arbitration. For the term of this Memorandum of Agreement, appeals to final and binding arbitration may be processed only with Association approval. All Step V appeals must be filed in writing at the Human Resources Department Office within ten working days of receipt of the Adjustment Board's disposition under Step IV. If the aggrieved employee elects final and binding resolution by the City Manager, the City Manager will choose the methods he or she considers appropriate to review and settle the grievance. The City Manager shall render a written decision to all parties directly involved within ten working days after receiving the employee's appeal. If the aggrieved employee elects final and binding arbitration in accordance with this provision, the parties shall mutually select an arbitrator. In the event the parties cannot agree on an arbitrator, they shall mutually request a panel of five arbitrators from the California State Conciliation Service or from the American Arbitration Association if either party objects to the State Conciliation Service, and select an arbitrator by the alternate strike method. Formatted: No underline Formatted: No underline City of Palo Alto and PAPOA July 1, 2014 – June 30, 2018 Page 66 of 82 The arbitrator shall have jurisdiction and authority only to interpret, apply, or determine compliance with the provisions of this Memorandum of Agreement and such Merit System Rules, regulations, policies, procedures, City ordinances, resolutions relating to terms or conditions of employment, wages or fringe benefits, as may hereafter be in effect in the City insofar as may be necessary to the determination of grievances appealed to the arbitrator. The arbitrator shall be without power to make any decision: (1) Regarding matters of interest. (2) Contrary to, or inconsistent with or modifying in any way, the terms of this Memorandum of Agreement. (3) Granting any wage increases or decreases. The arbitrator shall be without authority to require the City to delegate or relinquish any powers which by State law or City Charter the City cannot delegate or relinquish. Where either party seeks arbitration and the other party claims the matter is not subject to the arbitration provisions of this Memorandum of Agreement, the issue of arbitrability shall first be decided by the arbitrator using the standards and criteria set forth in this section and without regard to the merits of the grievance. If the issue is held to be arbitrable, the arbitration proceedings will be recessed for up to five working days during which the parties shall attempt to resolve the grievance. If no resolution is reached, the arbitrator will resume the hearing and hear and resolve the issue on the merits. Copies of the arbitrator's decision shall be submitted to the City, the aggrieved employee and the Union. All direct costs emanating from the arbitration procedure shall be shared equally by the City and the aggrieved employee or the Association. Section 4039. Bulletin Boards and Telephones The Association shall have access to existing bulletin boards in Unit employee work areas and to the City e-mail and voice mail systems for the purpose of posting notices or announcements including notices of social events, recreational events, membership meetings, results of elections and reports on minutes of Association meetings. Any other material must have prior approval of the Police Chief. Action on approval will be taken within 24 hours of submission. Emails sent for Association business shall be copied to the Human Resources Director at distribution. City telephones may be used for Association business so long as there is no disruption of work and all toll or message unit calls are charged to the Association credit card. Formatted: No underline, Font color: Auto Formatted: Heading 1, Left, Tab stops: Not at -0.75" + -0.47" + 0.43" + 0.75" + 1.44" + 2.81" + 4.66" Formatted: No underline, Font color: Auto City of Palo Alto and PAPOA July 1, 2014 – June 30, 2018 Page 67 of 82 Section 4140. Access to Association Representatives Representatives of the Association are authorized access to City work locations for the purpose of conducting business within the scope of representation, provided that no disruption of work is involved and the business transacted is other than recruiting of members or collecting of dues, and the representative must notify the Human Resources Department office prior to entering the work location. Section 4241. Meeting Places The Association shall have the right to reserve City meeting and conference rooms for use during non-working hours. Such meeting places will be made available in conformity with City's regulations and subject to the limitations of prior commitment. Section 4342. Voluntary Leave Program: (a) The City of Palo Alto has established a Peace Officer Voluntary Leave Program to provide members of the Palo Alto Peace Officers’ Association, Incorporated (hereafter referred to as “PAPOA”) the opportunity to donate their accrued vacation time to assist fellow members of PAPOA either due to: (a) an employee’s own verifiable non-industrial catastrophic illness or injury (as defined herein) or (b) in order to care for a member of the employee’s immediate family (spouse, child, parent or registered domestic partner suffering from a verifiable catastrophic illness or injury) and have exhausted or will presently exhaust all of their paid leave. In order to be eligible to receive donated leave, an employee must have a catastrophic illness or injury or an employee’s immediate family member must have a catastrophic illness or injury that requires the employee to provide full-time care for this family member. Care will be taken to emphasize the voluntary nature of the plan and to insure confidentiality of employee participants and medical conditions (where applicable). A Peace Officer Voluntary Leave Sharing Program has been established to accept donations of vacation in accordance with the Program’s guidelines. All donations shall be: 1. Voluntary 2. Irrevocable 3. Confidential, unless disclosure is required by law Formatted: No underline, Font color: Auto Formatted: Heading 1, Left, Don't keep withnext, Don't keep lines together, Tab stops: Notat -0.75" + -0.47" + 0.43" + 0.75" + 1.44"+ 2.81" + 4.66" Formatted: No underline, Font color: Auto Formatted: No underline, Font color: Auto Formatted: Heading 1, Left, Don't keep withnext, Don't keep lines together, Tab stops: Notat -0.75" + -0.47" + 0.43" + 0.75" + 1.44"+ 2.81" + 4.66" Formatted: No underline, Font color: Auto Formatted: No underline, Font color: Auto Formatted: Heading 1 Formatted: No underline, Font color: Auto City of Palo Alto and PAPOA July 1, 2014 – June 30, 2018 Page 68 of 82 4. In whole hour increments of at least (4) hours, with hours donated being converted to donee hours based on the donee’s salary rate (so that there will be no cost to the City due to salary differential) 5. The employee shall be required to exhaust all other types of leave to request donated leave 6. It is understood that employees seeking or receiving leave under this program will apply for long-term disability benefits for which they may be eligible 7. Where any of the period during which an employee receives donated leave is designated as family leave under the California Family Rights Act (CFRA) or Family Medical Leave Act (FMLA), the employee will be eligible for continuation of medical and other available benefits during that family leave period (for up to 12 weeks), in accordance with the requirements of those laws. If the employee receiving donated leave is not eligible for CFRA/FMLA benefit continuation, or after the employee has exhausted the available CFRA/FMLA leave period, the employee will need to pay the premiums for continued medical and other available benefits if the employee chooses to continue such coverages through the City. 8. If the donation request is based on the need for an employee to care for an immediate family member, as defined above, the family member must require full-time care by the employee. Certification of this requirement by a health care professional is required. 9. The maximum donated time a donee may receive is 12 months (if available). 10. Applications to donate leave or receive leave under this Program are made to the Human Resources Department. 11. This is a pilot program and is subject to cancellation by either party. 11. PAPOA members interested in donating leave or in applying to receive donated leave shall complete forms provided by the Human Resources Department. If an applicant for leave is found to meet the criteria set forth herein, Human Resources will determine the availability of and (as applicable) allocation of donated paid leave. Payroll will be notified in writing of the number of hours to be deducted from each donating employee’s vacation balance and transferred to the donee employee(s). (b) The City reserves the right to modify or terminate this program at any time. (c) Catastrophic Illness or Injury (also referred to as “medical emergency” in Revenue Ruling 90-29 and Sections 801(c) and 812 of the Merit Rules and Regulations): A non-occupational medical condition of an employee that will require the prolonged absence of the employee from duty and which will result in a substantial loss of income to the employee because the employee will have Formatted: Numbered + Level: 1 +Numbering Style: 1, 2, 3, … + Start at: 1 +Alignment: Left + Aligned at: 0.5" + Tab after: 0.75" + Indent at: 0.75", Widow/Orphancontrol City of Palo Alto and PAPOA July 1, 2014 – June 30, 2018 Page 69 of 82 exhausted all paid leave available apart from the Voluntary Employee Leave Sharing Program. Non-disability postpartum leave as referenced in Merit Rule 801(b) shall not be considered a catastrophic illness or injury under this policy. (d) Nothing in this section precludes an Association member from utilizing or participating in the City’s Voluntary Employee Leave Sharing Program. Section 4443. Utilization of Reserves for Field Services Division Events (a) Management will determine staffing levels for each event. (b) Events for which the department receives reimbursement will be staffed by regular officers, except that in the event a sufficient number of regular officers are unavailable, reserve officers may be used. (c) Reserves may be used for the May Day Parade, Stanford University or NFL football games, park patrol, Black and White Ball, and supplemental patrol staffing in excess of levels set forth in the Field Services Staffing Levels general order. (d) Events, for which the department does not receive reimbursement, may be staffed in the ratio of two reserve officers to one regular officer. Reserves may be used in any situation where an insufficient number of regular officers are available. (e) Staffing for the University Avenue Street Fair will consist of no less than a 1:1 ratio of regular officers to reserve officers. Section 4544. Overtime Meals for Investigative Services Division Effective July 1, 1996, for ISD personnel who are working authorized investigative overtime extending for a period either four hours after the conclusion of their normal work shift, or four hours prior to the beginning of the normal work shift, shall be entitled to reimbursement for the appropriate meal at the City per diem rate. The meal reimbursement shall also apply for any authorized investigative overtime on a weekend or holiday in excess of four hours. Section 4645. Hiring Incentives Qualified lateral officers, who have a current basic or higher POST certificate, hired during the term of this agreement may upon City Manager approval: Formatted: No underline, Font color: Auto Formatted: Heading 1, Left, Don't keep withnext, Don't keep lines together, Tab stops: Notat -0.75" + -0.47" + 0.43" + 0.75" + 1.44"+ 2.81" + 4.66" Formatted: No underline, Font color: Auto Formatted: No underline Formatted: Heading 1, Left, Tab stops: Not at -0.75" + -0.47" + 0.43" + 0.75" + 1.44" + 2.81" + 4.66" Formatted: No underline Formatted: No underline, Font color: Auto Formatted: Heading 1, Left, Tab stops: Not at -0.75" + -0.47" + 0.43" + 0.75" + 1.44" + 2.81" + 4.66" Formatted: No underline, Font color: Auto City of Palo Alto and PAPOA July 1, 2014 – June 30, 2018 Page 70 of 82 (a) Accrue vacation leave at a beginning rate equal to the rate they were earning at their previous employer, subject to a maximum of 160 hours per year with progression to higher accrual rates as provided in Section 27, Vacation Accrual; and (b) Begin their employment with the City with a sick leave balance not to exceed 96 hours. (c) Receive a $10,000 hiring incentive to be paid according to the following conditions and schedule: $5,000 upon completion of the first year of employment; $2,500 upon completion of the second year of employment; and $2,500 upon completion of the third year of employment. (d) Laterals returning to the Palo Alto Police Department must have been separated from the City for a minimum of 2 years to be eligible for this incentive program. (e) Based on years of service, level of experience, and educational achievement, experienced lateral officers may receive a starting salary at any appropriate level within the “Police Officer” classification as deemed appropriate by the City Manager on recommendation of the Chief of Police. Section 4746. . Full Understanding (a) The Memorandum of Agreement contains the full and entire understanding of the parties regarding the matters set forth herein. (b) It is the intent of the parties that ordinances, resolutions, rules and regulations enacted pursuant to this Memorandum of Agreement be administered and observed in good faith. (c) Nothing in this agreement shall preclude the parties from mutually agreeing to meet and confer on any subject within the scope of representation during the term of this agreement. (d) Should any of the provisions herein contained be rendered or declared invalid by reason of any existing State or Federal legislation or by reason of State Supreme Court or U. S. Supreme Court ruling, such invalidation of such part or portion of this Memorandum of Agreement shall not invalidate the remaining portions hereof, and they shall remain in full force and effect, insofar as such remaining portions are severable. (e) Prior Agreements & Side Letters: Upon Implementation of this agreement, all prior Formatted: No underline, Font color: Auto Formatted: Heading 1, Left, Don't keep withnext, Don't keep lines together, Tab stops: Notat -0.75" + -0.47" + 0.43" + 0.75" + 1.44"+ 2.81" + 4.66" Formatted: No underline, Font color: Auto Formatted: No underline City of Palo Alto and PAPOA July 1, 2014 – June 30, 2018 Page 71 of 82 agreements and side letters become null and void. In any instance where internal department polices and/or practices are in conflict with this agreement, this agreement shall take precedence. (f) During the term of this Memorandum of Agreement, Management may propose certain changes in the City Merit System Rules and regulations. With regard to such changes which pertain to the representation unit, the parties agree to review, and upon request, meet and confer regarding the changes. Section 4847. Printed Agreement The City will provide copies of the Memorandum of Agreement resulting from these negotiations in booklet form to all represented employees. Section 4948. Duration Except as expressly and specifically provided otherwise herein for the retroactive application of a specific provision(s), this Memorandum of Agreement shall become effective upon ratification by both parties hereto and remain in effect through June 30, 20142018. 2018. EXECUTED: FOR: FOR: PALO ALTO PEACE OFFICERS' CITY OF PALO ALTO ASSOCIATION Jeremy Schmidt James Keene, City Manager Formatted: No underline, Font color: Auto Formatted: Heading 1, Left, Don't keep withnext, Don't keep lines together, Tab stops: Notat -0.75" + -0.47" + 0.43" + 0.75" + 1.44"+ 2.81" + 4.66" Formatted: No underline, Font color: Auto Formatted: No underline, Font color: Auto Formatted: Heading 1, Left, Don't keep withnext, Don't keep lines together, Tab stops: Notat -0.75" + -0.47" + 0.43" + 0.75" + 1.44"+ 2.81" + 4.66" Formatted: No underline, Font color: Auto Formatted: Font: Not Bold, No underline Formatted: Tab stops: -0.75", Left + 0.75",Left + 1.44", Left + 2.81", Left + Not at -1" + -0.03" + 0.96" + 2.99" + 3.52" Formatted: Tab stops: -0.75", Left + 0.75",Left + 1.44", Left + 2.81", Left + Not at -1" + -0.03" + 0.96" + 2.99" + 3.52" Formatted Table City of Palo Alto and PAPOA July 1, 2014 – June 30, 2018 Page 72 of 82 Anthony Becker Rumi Portillo, HR Director Wayne Benitez Dania Torres Wong, Chief Negotiator Renne Sloan Holtzman & Sakai Peter Hoffmann, Rains Lucia Stern, PC Natalie Korthamar, Mgr. Labor Relations Frank Lee, Sr. HR Administrator ________________________ _________ Jeremy Schmidt ___________________________________ James Keene, City Manager Anthony Becker Peter Hoffmann, Rains Lucia ___________________________________ Natalie Korthamar Frank Lee Formatted: Font color: Auto Formatted Table Formatted Table City of Palo Alto and PAPOA July 1, 2014 – June 30, 2018 Page 73 of 82 Dania Wong, Renne Sloan Holtzman & Sakai City of Palo Alto and PAPOA July 1, 2014 – June 30, 2018 Page 74 of 82 CITY OF PALO ALTO 2012 - PAPOA COMPENSATION PLAN Effective - 1.33% Pay Decrease Class No Titile Step 1 Step 2 Step 3 Step 4 Step 5 611 Police Agent 41.16 43.32 45.60 48.00 50.53 612 Police Agent/Inter 43.28 45.56 47.95 50.48 53.13 613 Police Agent/Adv 44.20 46.53 48.98 51.56 54.27 614 Police Agent-Bilingual 43.21 45.49 47.88 50.40 53.05 615 Police Agent/Inter-Biling 45.45 47.84 50.36 53.01 55.80 616 Police Agent/Adv-Bilingua 46.43 48.87 51.44 54.15 57.00 617 Police Trainee-Bilingual 39.92 39.92 39.92 39.92 39.92 618 Police Officer-Bilingual 40.04 42.15 44.36 46.70 49.16 619 Police Officer-Inter-Bili 42.05 44.26 46.59 49.04 51.62 620 Police Trainee 38.04 38.04 38.04 38.04 38.04 621 Police Officer 38.14 40.15 42.26 44.49 46.83 622 Police Officer-Inter 40.04 42.15 44.36 46.70 49.16 623 Police Officer-Adv 40.92 43.08 45.34 47.73 50.24 624 Police Officer-Adv-Biling 42.97 45.23 47.61 50.12 52.76 625 Police Off Training-Bilin 40.04 42.15 44.36 46.70 49.16 626 Police Sergeant-Bilingual 48.49 51.04 53.72 56.55 59.53 627 Police Off Training 38.14 40.15 42.26 44.49 46.83 628 Police Sgt/Inter-Bilingua 51.02 53.70 56.53 59.50 62.64 629 Police Sgt/Adv-Bilingual 52.17 54.92 57.81 60.85 64.06 631 Police Sergeant 46.17 48.60 51.16 53.85 56.69 632 Police Sgt/Inter 48.61 51.16 53.86 56.69 59.68 633 Police Sgt/Adv 49.70 52.31 55.07 57.97 61.02 City of Palo Alto and PAPOA July 1, 2014 – June 30, 2018 Page 75 of 82 Appendix A The City and the Union acknowledge that they have adopted all agreed upon provisions of a successor MOA, except that they remain at impasse over successor language to Section 20 [Retirement Medical Plan]. The parties agreed to adopt all agreed-upon provisions of a successor MOA immediately, subject to further impasse resolution procedures over successor language for Section 20. Unless and until new language is adopted or implemented, the existing contract language in Section 20 shall remain the status quo. Notwithstanding Section 47 [Full Understanding], Section 20 shall be superseded during the term of this MOA as follows: • If the parties resolve the impasse over Section 20 through mutual agreement, the parties agree to amend Section 20 promptly, during the term of the agreement, to incorporate their agreement. • If the parties do not reach agreement regarding Section 20, the parties acknowledge that after legally-required impasse procedures are exhausted, the City shall have the right under Govt Code section 3505.7 to implement its last, best, and final offer promptly, during the term of the agreement. Any disputes arising from actions taken pursuant to this Appendix A shall not be subject to the grievance procedure set forth in this MOA, but to the extent provided by law, may be submitted for resolution to such other legal forum(s) as is provided by law for the enforcement of an agreement between the parties, subject to the requirements of that forum(s). CITY OF PALO ALTO Memorandum of Agreement City of Palo Alto and Service Employees International Uniton (SEIU) Local 521 December 1, 2015 – December 31, 2018 City of Palo Alto and SEIU Local 521 FINAL COPY dated March 16, 2016 December 1, 2015- December 31, 2018 For the Union ___ For the City ___ Page 1 of 108 TABLE OF CONTENTS PREAMBLE ......................................................................................................................... 12 ARTICLE I – RECOGNITION ................................................................................................ 13 Section 1 - Recognition. ................................................................................................ 13 Section 2 - Protection of Unit. ...................................................................................... 13 Section 1 – Discrimination. ........................................................................................... 13 Section 2 - Right to Join the Union. .............................................................................. 14 ARTICLE III - UNION SECURITY .......................................................................................... 14 Section 1 - Notice. ......................................................................................................... 14 Section 2 - Agency Shop. ............................................................................................... 15 Section 3 - Documentation. .......................................................................................... 16 Section 4 - Payroll Deduction. ....................................................................................... 17 Section 5 - Bulletin Boards and Departmental Mail. .................................................... 17 Section 6 - Access to Union Representatives. ............................................................... 17 Section 7 - Meeting Places. ........................................................................................... 17 Section 8 - Notification to the Union. ........................................................................... 17 General. ..................................................................................................................... 18 Change in City’s Financial Situation. ......................................................................... 18 Vacancies and Temporary Personnel........................................................................ 18 Section 9 - Union Logo. ................................................................................................. 18 Section 10 - Public Notice ............................................................................................. 18 Section 11 - Use of Agency Reports. ............................................................................. 18 Section 12 - Job Postings. .............................................................................................. 18 Section 13 - Contracting Out. ........................................................................................ 18 ARTICLE IV - STEWARDS .................................................................................................... 20 Section 1 - Union Officers. ............................................................................................ 20 Section 2 - Number of Stewards. .................................................................................. 20 Section 3 - Release Time. .............................................................................................. 20 Section 4 - Advance Notification Before Leaving Work Location. ................................ 20 Section 5 – Release Time .............................................................................................. 21 Section 6 - Designated Union Space. ............................................................................ 21 Section 7 - Union Officers and Release Time. ............................................................... 21 City of Palo Alto and SEIU Local 521 FINAL COPY dated March 16, 2016 December 1, 2015- December 31, 2018 For the Union ___ For the City ___ Page 2 of 108 ARTICLE V - REDUCTION IN FORCE ................................................................................... 21 Section 1 - Attrition. ...................................................................................................... 21 Section 2 - Advance Notice. .......................................................................................... 21 Section 3 - Order of Layoff. ........................................................................................... 21 Section 4 - Seniority/Bumping Rights. .......................................................................... 22 Section 5 - Re-Employment List. ................................................................................... 22 Section 6 -Sick Leave Balances. ..................................................................................... 22 Section 7 - Hourly Employees Performing Duties. ........................................................ 23 ARTICLE VI - PERSONNEL ACTIONS ................................................................................... 23 Section 1 - Probation. ................................................................................................... 23 Section 2 - Personnel Evaluations. ................................................................................ 23 Section 3 - Personnel Files. ........................................................................................... 24 Section 4 - Release of Information. .............................................................................. 24 Section 5 - Promotional Opportunities. ........................................................................ 24 Posting....................................................................................................................... 24 Internal Candidate Eligibility. .................................................................................... 24 Selection .................................................................................................................... 24 Recommended Candidates. ...................................................................................... 26 Seniority. ................................................................................................................... 26 Appointment. ............................................................................................................ 27 Violations. ................................................................................................................. 27 Section 6 - Rights. .......................................................................................................... 27 Section 7 - Apprentice Positions. .................................................................................. 27 Section 8 - Rotation. ...................................................................................................... 27 ARTICLE VII - PAY RATES AND PRACTICES ......................................................................... 27 Section 1 - Salary. .......................................................................................................... 27 Section 3 - Working Out of Classification. .................................................................... 28 Section 4 - Classification Changes. ................................................................................ 28 Section 5 - Reclassification Requests. ........................................................................... 29 Section 6 - Assignment to a Lead Position. ................................................................... 30 Section 7 - Total Compensation and Survey Database. ................................................ 31 Section 8 - Direct Deposit ............................................................................................. 31 City of Palo Alto and SEIU Local 521 FINAL COPY dated March 16, 2016 December 1, 2015- December 31, 2018 For the Union ___ For the City ___ Page 3 of 108 ARTICLE VIII - HOURS OF WORK, OVERTIME, PREMIUM PAY ........................................... 32 Section 1 - Work Week and Work Day.......................................................................... 32 Section 2 - Overtime Work. .......................................................................................... 32 Section 3 - Work Shifts. ................................................................................................. 33 Section 4 - City-Paid Meals. .......................................................................................... 34 Section 5 - Break Periods. ............................................................................................. 36 Section 6 - Clean-Up Time. ............................................................................................ 36 Section 7 - Standby Pay, Call-Out Pay. .......................................................................... 36 Standby Compensation. ............................................................................................ 36 Minimum Call-Out Pay. ............................................................................................. 36 Section 9 - Bilingual Premium. ...................................................................................... 37 Section 10 - Communications Training Officer (CTO) Compensation........................... 37 ARTICLE IX - UNIFORMS AND TOOL ALLOWANCES........................................................... 37 Section 1 - Uniforms. .................................................................................................... 37 Section 2 - Tool Allowance. ........................................................................................... 41 Section 3 - Shoe Allowance. .......................................................................................... 41 Section 4 – Certifications. ............................................................................................. 41 Section 5 - Weather Protection. ................................................................................... 46 ARTICLE X - HOLIDAYS ....................................................................................................... 46 Section 1 - Fixed Holidays. ............................................................................................ 46 Section 2 - Pay for Fixed Holidays. ................................................................................ 47 Section 3 - Work on Fixed Holidays. ............................................................................. 47 Section 4 - Variations in Work Week. ........................................................................... 47 Section 5 - Floating Days Off ......................................................................................... 48 ARTICLE XI - VACATIONS ................................................................................................... 48 Section 1 - Vacation Accruals. ....................................................................................... 48 Section 2 - Holiday Falling During Vacation. ................................................................. 49 Section 3 - Illness During Vacation. ............................................................................... 49 Section 4 - Accrued Vacation Pay for Deceased Employees. ........................................ 49 Section 5 - Effect of Extended Military Leave. .............................................................. 49 Section 6 - Vacation at Termination. ............................................................................ 49 Section 7 - Vacation Cash Out. ...................................................................................... 49 City of Palo Alto and SEIU Local 521 FINAL COPY dated March 16, 2016 December 1, 2015- December 31, 2018 For the Union ___ For the City ___ Page 4 of 108 ARTICLE XII - LEAVE PROVISIONS ...................................................................................... 50 Section 1 - Sick Leave. ................................................................................................... 50 Section 2 - Bereavement Leave. ................................................................................... 52 Section 3 - Military Leave. ............................................................................................. 52 Section 4 - Leave Without Pay. ..................................................................................... 52 Section 5 - Jury Duty and Subpoenas ............................................................................ 53 Section 6 - Time Off to Vote. ......................................................................................... 53 Section 7 - Disapproval of Leave of Absence. ............................................................... 53 Section 8 - Personal Business Leave Chargeable to Sick Leave. ................................... 53 Section 9 - Return to Assignment. ................................................................................ 54 ARTICLE XIII - WORKERS' COMPENSATION INSURANCE ................................................... 54 Section 1 - Industrial Temporary Disability. .................................................................. 54 Section 2 - Vocational Rehabilitation Benefits for Permanently Disabled Employees. 55 ARTICLE XIV - BENEFIT PROGRAMS................................................................................... 55 Section 1 - Health Plan. ................................................................................................. 55 Active Employees ...................................................................................................... 55 Health Plan Coverage for Future Retirees Hired Before January 1, 2005. ............... 56 PERS – Health Benefit Vesting For Future Retirees Effective January 1, 2005 or any existing employee who opts into this vesting schedule. .......................................... 56 Coverage for Domestic Partners. .............................................................................. 57 Alternative Medical Benefit Program. ...................................................................... 57 Section 2 - Dental Plan. ................................................................................................. 58 Section 3 - Vision Care. ................................................................................................. 58 Section 4 - Life Insurance. ............................................................................................. 59 Section 5 – Long Term Disability Insurance. ................................................................. 59 Section 6 - Effective Date of Coverage for New Employees. ........................................ 59 Section 7 - Dual Coverage. ............................................................................................ 59 Section 8 - Deferred Compensation.............................................................................. 60 Section 10 - Training Programs. .................................................................................... 60 ARTICLE XV - RETIREMENT ................................................................................................ 61 Section 1 - PERS Continuation. ..................................................................................... 61 Pension Group A: 2.7% @ 55. ................................................................................... 61 City of Palo Alto and SEIU Local 521 FINAL COPY dated March 16, 2016 December 1, 2015- December 31, 2018 For the Union ___ For the City ___ Page 5 of 108 Pension Group B: 2.0% @ 60 – (Single Highest Year). .............................................. 61 Pension Group C: 2.0% @ 60 – (3 Highest Years). .................................................... 61 Pension Group D: 2% @ 62. ...................................................................................... 61 Section 2 - Employee Share. ......................................................................................... 62 Section 3. Employer Share. ........................................................................................... 62 Section 4 - Utility Rates Discount. ................................................................................. 63 ARTICLE XVI - COMMUTE INCENTIVES AND PARKING ...................................................... 63 Section 1 - Commute Incentive. .................................................................................... 63 Civic Center Parking .................................................................................................. 63 Carpool. ..................................................................................................................... 64 Bicycle. ...................................................................................................................... 64 Walk... ....................................................................................................................... 64 Transit or vanpool users: .......................................................................................... 64 Go Pass. ..................................................................................................................... 64 Section 2 – Parking Lot Security – Municipal Service Center. ...................................... 65 Section 3 – Bicycle Lockers and Motorcycle Parking. ................................................... 65 ARTICLE XVII - PHYSICAL EXAMINATIONS ......................................................................... 65 ARTICLE XVIII – SAFETY ..................................................................................................... 65 Section 1 - Health and Safety Provisions ...................................................................... 66 Section 2 - Union Cooperation. ..................................................................................... 66 Section 3 - Safety Committees and Disputes. ............................................................... 66 ARTICLE XIX - GRIEVANCE and APPEAL PROCEDURE ........................................................ 67 Section 1 - General Provisions. ..................................................................................... 67 Section 2 – Definitions. ................................................................................................. 68 Section 3 - Conduct of Grievance Procedure or Appeal of Disciplinary Action Procedure. ..................................................................................................................... 68 Section 4 - Grievance and Appeal Procedure. .............................................................. 70 Step I. ........................................................................................................................ 70 Step II. ....................................................................................................................... 70 Step III. ...................................................................................................................... 70 Step IV. ...................................................................................................................... 71 ARTICLE XX - UNSATISFACTORY WORK OR CONDUCT AND DISCIPLINARY ACTION ......... 72 City of Palo Alto and SEIU Local 521 FINAL COPY dated March 16, 2016 December 1, 2015- December 31, 2018 For the Union ___ For the City ___ Page 6 of 108 Section 1 - Preliminary Notice of Discipline. ................................................................. 72 Section 2 - Skelly Meeting. ............................................................................................ 73 Section 3 – Appeals. ...................................................................................................... 73 ARTICLE XXI - NO ABROGATION OF RIGHTS ..................................................................... 74 ARTICLE XXII - OUTSIDE EMPLOYMENT ............................................................................ 74 ARTICLE XXIII – WORK STOPPAGE AND LOCKOUTS .......................................................... 74 ARTICLE XXIV - PROVISIONS OF THE LAW ......................................................................... 74 Section 1 - Conformity and Separability of Provisions. ................................................ 74 Section 2 - Merit Rules and Regulations. ...................................................................... 75 Section 3 - Resolution. .................................................................................................. 75 ARTICLE XXV - TUITION REIMBURSEMENT ....................................................................... 75 ARTICLE XXVI - COST REDUCTION PROGRAMS ................................................................. 76 ARTICLE XXVII – TERM ....................................................................................................... 77 APPENDIX A ....................................................................................................................... 80 APPENDIX B. APPRENTICESHIPS ........................................................................................ 84 APPENDIX C. DEPT/DIVISION CLASSIFICATION WORKDAY OR WORKWEEK VARIATION . 88 APPENDIX D. IN-LIEU PREMIUMS ................................................................................... 102 APPENDIX E. COMMUNICATIONS DIVISION PROMOTIONS ........................................... 104 APPENDIX F. RECOVERY OF CITY TRAINING COSTS ........................................................ 105 APPENDIX G. RECOVERY OF TRAINING INVESTMENT AGREEMENT .............................. 106 PREAMBLE – ........................................................................................................................ 7 ARTICLE I – RECOGNITION .................................................................................................. 7 Section 1 - Recognition. .................................................................................................. 7 Section 2 - Protection of Unit. ........................................................................................ 7 ARTICLE II - NO DISCRIMINATION ....................................................................................... 7 Section 1 – Discrimination .............................................................................................. 7 Section 2 - Right to Join the Union. ................................................................................ 8 ARTICLE III - UNION SECURITY ............................................................................................ 8 Section 1 - Notice. ........................................................................................................... 8 Section 2 - Agency Shop. ................................................................................................. 8 Section 3 - Documentation. .......................................................................................... 10 Section 4 - Payroll Deduction. ....................................................................................... 10 City of Palo Alto and SEIU Local 521 FINAL COPY dated March 16, 2016 December 1, 2015- December 31, 2018 For the Union ___ For the City ___ Page 7 of 108 Section 5 - Bulletin Boards and Departmental Mail. .................................................... 10 Section 6 - Access to Union Representatives. ............................................................... 11 Section 7 - Meeting Places. ........................................................................................... 11 Section 8 - Notification to the Union. ........................................................................... 11 General. ..................................................................................................................... 11 Change in City’s Financial Situation. ......................................................................... 11 Vacancies and Temporary Personnel........................................................................ 11 Section 9 - Union Logo. ................................................................................................. 12 Section 10 - Public Notice ............................................................................................. 12 Section 11 - Use of Agency Reports. ............................................................................. 12 Section 12 - Job Postings. .............................................................................................. 12 Section 13 - Contracting Out. ........................................................................................ 12 ARTICLE IV - STEWARDS .................................................................................................... 13 Section 1 - Union Officers. ............................................................................................ 13 Section 2 - Number of Stewards. .................................................................................. 13 Section 3 - Release Time. .............................................................................................. 13 Section 4 - Advance Notification Before Leaving Work Location. ................................ 13 Section 5 – Release Time .............................................................................................. 14 Section 6 - Designated Union Space. ............................................................................ 14 Section 7- Union Officers and Release Time. ................................................................ 14 ARTICLE V - REDUCTION IN FORCE ................................................................................... 14 Section 1- Attrition. ....................................................................................................... 14 Section 2 - Advance Notice. .......................................................................................... 14 Section 3 - Order of Layoff. ........................................................................................... 14 Section 4 - Seniority/Bumping Rights. .......................................................................... 15 Section 5 - Re-Employment List. ................................................................................... 15 Section 6 -Sick Leave Balances. ..................................................................................... 15 Section 7 - Hourly Employees Performing Duties. ........................................................ 16 ARTICLE VI - PERSONNEL ACTIONS ................................................................................... 16 Section 1 - Probation. ................................................................................................... 16 Section 2 - Personnel Evaluations. ................................................................................ 16 Section 3 - Personnel Files. ........................................................................................... 17 City of Palo Alto and SEIU Local 521 FINAL COPY dated March 16, 2016 December 1, 2015- December 31, 2018 For the Union ___ For the City ___ Page 8 of 108 Section 4 - Release of Information. .............................................................................. 17 Section 5 - Promotional Opportunities. ........................................................................ 17 Posting....................................................................................................................... 17 Internal Candidate Eligibility. .................................................................................... 17 Selection. ................................................................................................................... 17 Recommended Candidates. ...................................................................................... 18 Seniority. ................................................................................................................... 18 Appointment. ............................................................................................................ 18 Violations. ................................................................................................................. 19 Section 6 - Rights. .......................................................................................................... 19 Section 7 - Apprentice Positions. .................................................................................. 19 Section 8 - Rotation. ...................................................................................................... 19 ARTICLE VII - PAY RATES AND PRACTICES ......................................................................... 19 Section 1 - Salary. .......................................................................................................... 19 Section 2 - Step Increases. ............................................................................................ 19 Section 3 - Working Out of Classification. .................................................................... 20 Section 4 - Classification Changes. ................................................................................ 20 Section 5 - Reclassification Requests. ........................................................................... 21 Section 6 - Assignment to a Lead Position. ................................................................... 22 Section 7 - Total Compensation and Survey Database. ................................................ 22 Section 8 - Direct Deposit ............................................................................................. 23 ARTICLE VIII - HOURS OF WORK, OVERTIME, PREMIUM PAY ........................................... 23 Section 1 - Work Week and Work Day.......................................................................... 23 Section 2 - Overtime Work. .......................................................................................... 23 Section 3 - Work Shifts. ................................................................................................. 25 Section 4 - City-Paid Meals. .......................................................................................... 25 Section 5 - Break Periods. ............................................................................................. 27 Section 6 - Clean-Up Time. ............................................................................................ 27 Section 7 - Standby Pay, Call-Out Pay. .......................................................................... 27 Standby Compensation. ............................................................................................ 27 Minimum Call-Out Pay. ............................................................................................. 27 Section 9 - Bilingual Premium. ...................................................................................... 28 City of Palo Alto and SEIU Local 521 FINAL COPY dated March 16, 2016 December 1, 2015- December 31, 2018 For the Union ___ For the City ___ Page 9 of 108 Section 10 - Communications Training Officer (CTO) Compensation........................... 28 ARTICLE IX - UNIFORMS AND TOOL ALLOWANCES........................................................... 28 Section 1 - Uniforms. .................................................................................................... 28 Section 2 - Tool Allowance. ........................................................................................... 31 Section 3 - Shoe Allowance. .......................................................................................... 32 Section 4 - Weather Protection. ................................................................................... 36 ARTICLE X - HOLIDAYS ....................................................................................................... 36 Section 1 - Fixed Holidays. ............................................................................................ 36 Section 2 - Pay for Fixed Holidays. ................................................................................ 37 Section 3 - Work on Fixed Holidays. ............................................................................. 37 Section 4 - Variations in Work Week. ........................................................................... 38 Section 5 - Floating Days Off ......................................................................................... 38 ARTICLE XI - VACATIONS ................................................................................................... 38 Section 1 - Vacation Accruals. ....................................................................................... 38 Section 2 - Holiday Falling During Vacation. ................................................................. 39 Section 3 - Illness During Vacation. ............................................................................... 39 Section 4 - Accrued Vacation Pay for Deceased Employees. ........................................ 39 Section 5 - Effect of Extended Military Leave. .............................................................. 39 Section 6 - Vacation at Termination. ............................................................................ 39 Section 7 - Vacation Cash Out. ...................................................................................... 39 ARTICLE XII - LEAVE PROVISIONS ...................................................................................... 40 Section 1 - Sick Leave. ................................................................................................... 40 Section 2 - Bereavement Leave. ................................................................................... 42 Section 3 - Military Leave. ............................................................................................. 42 Section 4 - Leave Without Pay. ..................................................................................... 42 Section 5 - Jury Duty and Subpoenas ............................................................................ 43 Section 6 - Time Off to Vote. ......................................................................................... 43 Section 7 - Disapproval of Leave of Absence. ............................................................... 43 Section 8 - Personal Business Leave Chargeable to Sick Leave. ................................... 43 Section 9 - Return to Assignment. ................................................................................ 44 ARTICLE XIII - WORKERS' COMPENSATION INSURANCE ................................................... 44 Section 1 - Industrial Temporary Disability. .................................................................. 44 City of Palo Alto and SEIU Local 521 FINAL COPY dated March 16, 2016 December 1, 2015- December 31, 2018 For the Union ___ For the City ___ Page 10 of 108 Section 2 - Vocational Rehabilitation Benefits for Permanently Disabled Employees. 44 ARTICLE XIV - BENEFIT PROGRAMS................................................................................... 45 Section 1 - Health Plan .................................................................................................. 45 Active Employees ...................................................................................................... 45 Health Plan Coverage for Future Retirees Hired Before January 1, 2005. ............... 45 PERS – Health Benefit Vesting For Future Retirees Effective January 1, 2005 or any existing employee who opts into this vesting schedule. .......................................... 46 Coverage for Domestic Partners. .............................................................................. 46 Alternative Medical Benefit Program. ...................................................................... 47 Section 2 - Dental Plan. ................................................................................................. 47 Section 3 - Vision Care. ................................................................................................. 48 Section 4 - Life Insurance. ............................................................................................. 48 Section 5- Long Term Disability Insurance. ................................................................... 48 Section 6 - Effective Date of Coverage for New Employees. ........................................ 49 Section 7 - Dual Coverage. ............................................................................................ 49 Section 8 - Deferred Compensation.............................................................................. 49 Section 9 – Dependent Care Assistance Program and Medical Flexible Spending Accounts ........................................................................................................................ 49 Section 10 - Training Programs. .................................................................................... 49 ARTICLE XV - RETIREMENT ................................................................................................ 50 Section 1 - PERS Continuation. ..................................................................................... 50 Pension Group A: 2.7% @ 55. ................................................................................... 50 Pension Group B: 2.0% @ 60 – (Single Highest Year). .............................................. 50 Pension Group C: 2.0% @ 60 – (3 Highest Years). .................................................... 50 Pension Group D: ...................................................................................................... 50 Section 2 - Employee Share. ......................................................................................... 51 Section 3. Employer Share ............................................................................................ 51 Section 4 - Utility Rates Discount. ................................................................................. 51 ARTICLE XVI - COMMUTE INCENTIVES AND PARKING ...................................................... 52 Section 1 - Commute Incentive. .................................................................................... 52 Civic Center Parking .................................................................................................. 52 Carpool. ..................................................................................................................... 52 City of Palo Alto and SEIU Local 521 FINAL COPY dated March 16, 2016 December 1, 2015- December 31, 2018 For the Union ___ For the City ___ Page 11 of 108 Bicycle. ...................................................................................................................... 52 Walk... ....................................................................................................................... 52 Transit or vanpool users: .......................................................................................... 52 Go Pass. ..................................................................................................................... 52 Section 2 – Parking Lot Security – Municipal Service Center. ...................................... 53 Section 3 – Bicycle Lockers and Motorcycle Parking. ................................................... 53 ARTICLE XVII - PHYSICAL EXAMINATIONS ......................................................................... 53 ARTICLE XVIII – SAFETY ..................................................................................................... 53 Section 1 - Health and Safety Provisions ...................................................................... 53 Section 2 - Union Cooperation. ..................................................................................... 53 Section 3 - Safety Committees and Disputes. ............................................................... 53 ARTICLE XIX - GRIEVANCE and APPEAL PROCEDURE ........................................................ 54 Section 1 - General Provisions. ..................................................................................... 54 Section 2 – Definitions. ................................................................................................. 55 Section 3 - Conduct of Grievance Procedure or Appeal of Disciplinary Action Procedure. ..................................................................................................................... 55 Section 4 - Grievance and Appeal Procedure. .............................................................. 57 Step I. ........................................................................................................................ 57 Step II. ....................................................................................................................... 57 Step III. ...................................................................................................................... 57 Step IV. ...................................................................................................................... 58 ARTICLE XX - UNSATISFACTORY WORK OR CONDUCT ...................................................... 59 AND DISCIPLINARY ACTION .............................................................................................. 59 Section 1 - Preliminary Notice of Discipline. ................................................................. 59 Section 2 - Skelly Meeting. ............................................................................................ 60 Section 3 – Appeals. ...................................................................................................... 60 ARTICLE XXI - NO ABROGATION OF RIGHTS ..................................................................... 60 ARTICLE XXII - OUTSIDE EMPLOYMENT ............................................................................ 60 ARTICLE XXIII – WORK STOPPAGE AND LOCKOUTS .......................................................... 60 ARTICLE XXIV PROVISIONS OF THE LAW .......................................................................... 61 Section 1 - Conformity and Separability of Provisions. ................................................ 61 Section 2 - Merit Rules and Regulations. ...................................................................... 61 City of Palo Alto and SEIU Local 521 FINAL COPY dated March 16, 2016 December 1, 2015- December 31, 2018 For the Union ___ For the City ___ Page 12 of 108 Section 3 - Resolution. .................................................................................................. 61 Article XXV - Tuition Reimbursement ............................................................................... 61 ARTICLE XXVI - COST REDUCTION PROGRAMS ................................................................. 62 ARTICLE XXVII – TERM ....................................................................................................... 62 APPENDIX A ....................................................................................................................... 65 APPENDIX B. APPRENTICESHIPS ........................................................................................ 66 APPENDIX D - DEPT/DIVISION CLASSIFICATION WORKDAY OR WORK ............................ 69 WEEK VARIATION .............................................................................................................. 69 APPENDIX E. IN-LIEU PREMIUMS ...................................................................................... 74 APPENDIX F. COMMUNICATIONS DIVISION PROMOTIONS ............................................. 75 APPENDIX G. RECOVERY OF CITY TRAINING COSTS .......................................................... 76 APPENDIX H. RECOVERY OF TRAINING INVESTMENT AGREEMENT ................................ 77 2015-2018 MEMORANDUM OF AGREEMENT City of Palo Alto and SEIU Local 521, SEIU, CTW PREAMBLE – This Memorandum of Agreement (hereinafter “MOA” is entered into by the City of Palo Alto (hereinafter referred to as the “City”) and Local 521 Service Employees’ International Union, CTW (hereinafter referred to as the “Union”). For the purposes of this MOA “employee” shall mean an employee assigned to a classification within the City of Palo Alto and SEIU Local 521 FINAL COPY dated March 16, 2016 December 1, 2015- December 31, 2018 For the Union ___ For the City ___ Page 13 of 108 SEIU General Employee bargaining unit. This MOA is pursuant and subject to Sections 3500-3510 of the Government Code of the State of California and Chapter 12 of the City of Palo Alto Merit Rules and Regulations. ARTICLE I – RECOGNITION Section 1 - Recognition. Pursuant to Sections 3500 - 3510 of the Government Code of the State of California and Chapter 12 of the City of Palo Alto Merit System Rules and Regulations, the City recognizes the Union as the exclusive representative of a representation unit consisting of all regular full and part-time employees in the classifications listed in Appendix A attached hereto. This unit, shall for purposes of identification, be titled the SEIU General Employees bargaining unit (hereinafter “General Unit”). Section 2 - Protection of Unit. No supervisor will perform the work of an employee in the General Unit provided that there is an employee available who regularly performs such work. This does not preclude a supervisor from performing work of a minor nature or during bona fide emergencies or on a standby status when willing and qualified unit employees do not live within a reasonable response time of their work location. Supervisory personnel shall be called out to perform unscheduled work only when SEIU General unit employees are unavailable to perform such work or in cases of bona fide emergencies as defined in Article VIII, Section 2. In cases of bona fide emergencies, SEIU General Unit employees shall be called out to complete the necessary work after the immediate emergency situation has been reasonably contained. ARTICLE II - NO DISCRIMINATION ARTICLE II - NO DISCRIMINATION Section 1 – Discrimination. The City of Palo Alto is committed to providing a work environment free from all forms of harassment and discrimination and agrees not to harass or discriminate against employees or applicants based on such characteristics such as race, ethnicity, color, religion, political affiliation, veteran status, military status, national origin, ancestry, disability, medical condition, marital status, age, pregnancy, sex, sexual orientation, gender identity and gender expression, or the perception that any person has such characteristic, and any other characteristic protected by federal or state law or City Ordinance. The City of Palo Alto will not harass or discriminate against City of Palo Alto and SEIU Local 521 FINAL COPY dated March 16, 2016 December 1, 2015- December 31, 2018 For the Union ___ For the City ___ Page 14 of 108 employees from exercising their rights to organize in accordance with the Meyers-Milias Brown Act. Complaints of harassment and discrimination should be reported immediately to the Department of Human Resources and will be investigated in accordance with the City’s Policy and Procedures. Section 1 – Discrimination. Section 1 – Discrimination. The City and Union agree that no person employed by or applying for employment hereto shall be discriminated against because of race, religion, creed, political affiliation, color, national origin, ancestry, union activity, age, disability sexual orientation, or gender. The City of Palo Alto is committed to providing a work environment free from all forms of harassment and discrimination and agrees not to harass or discriminate against employees or applicants based on such characteristics such as race, ethnicity, color, religion, political affiliation, veteran status, military status, national origin, ancestry, disability, medical condition, marital status, age, pregnancy, sex, sexual orientation, gender identity and gender expression, or the perception that any person has such characteristic, and any other characteristic protected by federal or state law or City Ordinance. The City of Palo Alto will not harass or discriminate against employees from exercising their rights to organize in accordance with the Meyers-Milias Brown Act. Complaints of harassment and discrimination should be reported immediately to the Department of Human Resources and will be investigated in accordance with the City’s Policy and Procedures. Section 2 - Right to Join the Union. The City and the Union agree to protect the rights of all employees to exercise their free choice to join the Union and to abide by the express provisions of applicable State and local laws. ARTICLE III - UNION SECURITY Section 1 - Notice. When a person is hired in any of the covered job classifications, the City shall notify that person that the Union is the recognized bargaining representative for the employee and give the employee a current copy of the Memorandum of City of Palo Alto and SEIU Local 521 FINAL COPY dated March 16, 2016 December 1, 2015- December 31, 2018 For the Union ___ For the City ___ Page 15 of 108 Agreement. When a group employee orientation is held for new employees of the bargaining unit, a union representative may make a presentation to such bargaining unit employees for the purpose of explaining matters of representation. The presentation shall not exceed 15 minutes. Section 2 - Agency Shop. a) Every employee in the bargaining unit covered by this Memorandum of Agreement shall: 1) remain a member in good standing of the Union; or 2) pay to the Union a monthly service fee, to be set by the union in accordance with applicable law, in an amount not to exceed the standard initiation fee, periodic dues, and general assessments of the organization; or, 3) in the case of an employee who certifies that he/she is a member of a recognized religion, body or sect which has historically held conscientious objection to joining or financially supporting public employee organizations, pay a charity fee, equal to the service fee, to a non-religious, non-labor charitable fund exempt from taxation under Section 501 (c)(3) of the Internal Revenue Code, chosen from one of the following three charitable organizations agreed to by the City and the Union (or any successor organization(s) agreed to by the City and the Union): United Way of California Community Health Charities Environmental Federation of California Union members may declare their intention to terminate Union membership by registered letter, return receipt requested, to the Director of Human Resources and the Union only during the 30-day period between 60 and 90 days before expiration of the MOA. b) Employees who are newly hired into or who join the bargaining unit shall elect one of the above payment deduction options by completing and submitting the Employee Election form within thirty (30) calendar days of being hired into a classification covered by this MOA. c) To qualify for deduction of the Charity Fee, the employee must certify to the Union and City that he/she is a member of a bona fide religious body or sect that has historically held conscientious objection to joining or financially supporting public City of Palo Alto and SEIU Local 521 FINAL COPY dated March 16, 2016 December 1, 2015- December 31, 2018 For the Union ___ For the City ___ Page 16 of 108 employee organizations. The employee is required to submit to the City and the Union a notarized letter signed by an official of the bona fide religion, body, or sect certifying that person’s membership. Upon request, the City shall provide to the Union a report of payments made by employees that qualify for the Charity Fee option in this subsection. d) The deductions in this Section shall not apply during any period where an employee is in an unpaid status. e) Involuntary Service Fee Deduction Process: The City shall deduct a service fee from the salary of each bargaining unit member who has not authorized a dues deduction, service fee deduction or charity fee in writing within the time stated in this Section, above. The Union certifies that it has consulted with knowledgeable legal counsel and has thereby determined that this involuntary service fee deduction process satisfies all constitutional and statutory requirements. f) Agency shop may be rescinded only in accordance with the provision of state law. g) Indemnification, Defense and Hold Harmless: Union agrees to indemnify and hold harmless the City and all officials, employees, and agents acting on its behalf, from any and all claims, actions, damages, costs, or expenses including all attorney’s fees and costs of defense in actions against the City, its officials, employees or agents as a result of actions taken or not taken by the City pursuant to the Agency Shop Arrangement. h) Sign-up forms for deduction of union dues, service fees and charity fees shall be provided by the Union and approved by the City. h) Section 3 - Documentation. The City shall supply the Union with: a) a monthly electronic file of the names, member/fee payer designation, addresses, classifications, monthly base pay, pay period number, Committee on Political Education (COPE) listed separately and last four digits of the Social Security number of all bargaining unit employees except those who file written notice with the Human Resources Department objecting to release of addresses, in which case information will be transmitted without address; and b) a list of bargaining unit new hires, terminations and retirements which occurred during the previous month. City of Palo Alto and SEIU Local 521 FINAL COPY dated March 16, 2016 December 1, 2015- December 31, 2018 For the Union ___ For the City ___ Page 17 of 108 The Union shall supply the City, and as applicable, the employees, with documentation required by Government Code Section 3502.5 (f). Section 4 - Payroll Deduction. The City shall deduct Union membership dues, service fees, charity fees, and any other mutually agreed upon payroll deduction, which may include voluntary COPE check-off, from the bi-weekly pay of bargaining unit employees. The dues/fees deduction must be authorized in writing by the employee on an authorization form acceptable to the City and the Union, except as provided in Section 2(e), above. The dues deduction form shall include a check box for those employees who wish the Union to receive notification in the event of unsatisfactory work, conduct, or disciplinary action taken pursuant to Article XX. City shall remit the deducted dues or fees to the Union as soon as possible after deduction. Section 5 - Bulletin Boards and Departmental Mail. The Union shall have access to inter- office mail, existing bulletin boards in unit employee work areas, and existing Union- paid telephone answering device for the purpose of posting, transmitting, or distributing notice or announcements including notices of social events, recreational events, Union membership meetings, results of elections and reports of minutes of Union meetings. Any other material must have prior approval of the Human Resources Office. Action on approval will be taken within 24 hours of submission. The Union may send email messages only for the purposes set forth above. The IT Department will maintain the SEIU list and keep it current. The Union access to email is based on the following conditions: 1) emails to the SEIU list will be copied to the Human Resource Director at distribution; 2) emails to the SEIU list will only be sent by the SEIU Chapter Chair, Vice Chair, Chief Steward (s) or Secretary, 3) a maximum of 52 emails may be sent per year and a maximum of 12 emails may be sent by the SEIU Chapter Secretary. Section 6 - Access to Union Representatives. Representatives of the Union are authorized access to City work locations for the purpose of conducting business within the scope of representation, provided that no disruption of work is involved and the business transacted is other than recruiting of members or collecting of dues, and the representative must notify the Human Resources Department Office prior to entering the work location. Section 7 - Meeting Places. The Union shall have the right to reserve City meeting and conference rooms for use during lunch periods or other non-working hours. Such meeting places will be made available in conformity with City's regulations and subject to the limitations of prior commitment. Section 8 - Notification to the Union. City of Palo Alto and SEIU Local 521 FINAL COPY dated March 16, 2016 December 1, 2015- December 31, 2018 For the Union ___ For the City ___ Page 18 of 108 a) a. General. The Union shall be informed in advance in writing by Management before any proposed changes not covered by this Memorandum of Agreement are made in benefits, working conditions, or other terms and conditions of employment which require meet and confer or meet and consult process. b) b. Change in City’s Financial Situation. Should the City’s financial situation deteriorate and the possibility of layoffs result, the City Manager will give prior notice to and consult with the Union prior to recommending any layoffs to the City Council. c) c. Vacancies and Temporary Personnel. The City agrees to notify SEIU Local 521 in writing when any irregular, temporary, hourly, provisional, special or extra help employee who consistently performs work typical of the SEIU Local 521 bargaining unit exceeds 1,000 hours of work within a 18-month period. The City agrees to notify SEIU Local 521 in writing when any position covered by this agreement is left vacant for more than 60 days. Through a separate meet and confer process, the City and Union will develop a way to convert long term, ongoing temporary-hourly positions to regular status. The City and Union will meet and confer regarding wages, benefits and terms and conditions of work. Section 9 - Union Logo. All materials and documents produced on Itek and metal plates, by the City print and reproduction shop, shall carry the Union label on the inside of covers or title pages in accordance with customary printing trades practices. Section 10 - Public Notice. . The City shall make available to the Union, in a timely manner, copies of all City Council meeting agendas, minutes and schedule of meetings. These materials will be available online via the City’s website. Section 11 - Use of Agency Reports. Upon request, the City shall provide to the Union reports by department on the use of agency temporaries filling representation unit vacant positions, or doing work similar to that of representation unit classifications. Section 12 - Job Postings. The City shall incorporate the requirements of this Article when publicizing job announcements for classifications covered by this Memorandum of Agreement. Section 13 - Contracting Out. The City through the labor management process will keeppt the Union advised of the status of the budget process, including any formal budget proposal involving the contracting out of SEIU bargaining unit work traditionally performed by bargaining unit members at least thirty (30) days prior to the release of the City Manager’s proposed budget. The City will notify the Union in writing at least ninety (90) days prior to contracting work which has been traditionally performed by City of Palo Alto and SEIU Local 521 FINAL COPY dated March 16, 2016 December 1, 2015- December 31, 2018 For the Union ___ For the City ___ Page 19 of 108 bargaining unit members, where such contracting will result in layoff or permanent reduction in hours. Within the ninety (90) day period of contracting out, both parties may offer alternatives to contracting out and meet and confer on the impact of such contracting out of a bargaining unit employee work. The City will notify the Union in writing when contracting out work which has been traditionally performed by bargaining unit workers, where such contracting out is expected to replace a laid off bargaining unit position that has been eliminated within ninety (90) days prior to the date of the planned contract work. When feasible, the City will provide such notice prior to the beginning date of the planned contract work. The City will meet with the Union upon request to discuss alternatives. This provision does not apply to the filling of temporary vacancies of twelve (12) months or less duration. The City will provide the Union with a biannual list by department of all contract workers or vendors who are contracted by the City who perform work for the City. The City will make a reasonable effort to identify the names of the vendors on the list and the nature of the work provided by each vendor. City of Palo Alto and SEIU Local 521 FINAL COPY dated March 16, 2016 December 1, 2015- December 31, 2018 For the Union ___ For the City ___ Page 20 of 108 ARTICLE IV - STEWARDS Section 1 - Union Officers. The Union agrees to notify the Director of Human Resources of those individuals designated as Union officers and stewards who receive and investigate grievances and represent employees before Management. Alternates may be designated to perform steward functions during the absences or unavailability of the steward. Section 2 - Number of Stewards. The number of stewards designated by the Union at a given time shall not exceed thirty-five (35). Section 3 - Release Time. It is agreed that, as long as there is prior notice as specified below to the Supervisor with no disruption of workand the release of stewards will not unreasonably disrupt City operations, stewards shall be allowed reasonable release time away from their work duties, without loss of pay, to represent a unit employee or employees on grievances or matters within the scope of representation, including: a) A meeting of the steward and an employee, or employees of that unit related to a grievance. b) A meeting with Management. c) Investigation and preparation of grievances. Grievances may be transmitted on City time. All steward release time shall be reported on time cards. Section 4 - Advance Notification Before Leaving Work Location. The Union agrees that the steward shall give no less than one (1) full business day advance notification to his/her supervisor before leaving the work location, except in those cases involving an unforeseeable circumstance that requires immediate union representation where advance notice cannot be given or when the relevant supervisor otherwise allows less notice. A supervisor may deny such a request for release from duty if the steward is needed to ensure real time delivery of services that the steward provides for the public or internal City customers and another employee who normally provides such services is not available on a straight time basis to relieve the steward, or in a bona fide emergency. If such denial occurs, the union may request the release of another of its designated stewards to perform the representation duties involved. Such request shall be processed in accordance with the terms set forth in this section except that the requirement for a full business day advance notice to the replacement representative’s City of Palo Alto and SEIU Local 521 FINAL COPY dated March 16, 2016 December 1, 2015- December 31, 2018 For the Union ___ For the City ___ Page 21 of 108 supervisor shall not apply. Nothing herein shall preclude the City from rescheduling a meeting it has scheduled, to facilitate the attendance of a steward who has requested release if, in the City’s judgment, such change can be undertaken without undermining the objectives of the meeting. Section 5 – Release Time. Three Union officers, who are City employees, shall be allowed a reasonable amount of release time off for purposes of meeting and conferring or meeting and consulting on matters within the scope of representation. All such time will be reported on timecards. Section 6 - Designated Union Space. Union stewards may utilize space in assigned desks for storage of Union materials. In the event stewards are not assigned desks the City will provide locker or other mutually agreeable space for storage of Union materials. Section 7 - Union Officers and Release Time. Six union officers, who are City employees shall be allowed a reasonable amount of release time off for monthly Labor/Management Meetings. ARTICLE V - REDUCTION IN FORCE Section 1 - Attrition. In the event of reductions in force, they shall be accomplished wherever possible through attrition. Section 2 - Advance Notice. When the City determines that layoffs are imminent resulting from reduction in force within the representation unit, the City will give the Union such advance notice as is reasonable under the circumstances. The notice will indicate the departments and divisions which will be affected and the circumstances requiring the layoffs. The City will furnish the Union with a current representation unit seniority list with notice of layoff. Section 3 - Order of Layoff. If the work force is reduced within a department, division, or office for reasons of change in duties or organization, abolition of position, shortage of work or funds, or completion of work, employees with the shortest length of service will be laid off first so long as employees retained are fully qualified, trained, and capable of performing remaining work. Length of service for the purpose of this article will be based on current service hire date of record in a regular classification with no adjustment for leaves of absence. Length of service ties will be determined by lot in a method agreeable to both parties. Employees laid off due to the above reasons will be given written notice at least thirty days prior to the reduction in force. A copy of such notice will be given to the Union. Such employees shall be offered priority employment rights to regular positions which are requisitioned and for which the employees are City of Palo Alto and SEIU Local 521 FINAL COPY dated March 16, 2016 December 1, 2015- December 31, 2018 For the Union ___ For the City ___ Page 22 of 108 qualified for a period beginning with notification and ending sixty (60) days following the reduction in force. Employees transferred or reclassified under this section will be assigned to the step in the new classification salary range closest to the employee's salary range at the time of reclassification. Employees laid off pursuant to this section shall receive the balance of all regular City compensation owed and severance pay equal to one month’s salary at the employee’s final rate of pay at termination. This does not include any amounts payable under Article V, Section 6, or PERS contribution refunds, if any. Section 4 - Seniority/Bumping Rights. Employees identified for layoff who have seniority (bumping) rights to their current or previously held classifications within the representation unit must declare their intention to exercise these rights in writing and submit to the Human Resources Department within seven (7) working days after written notification of layoff, otherwise bumping rights will automatically terminate. Bumping may occur within the representation unit, only to the least senior incumbent of the current or a previously held classification. To bump, the employee must be fully qualified, trained, and perform all work in the position. For purposes of this section of the Agreement, the term "working days" shall mean Mondays through Fridays, exclusive of holidays. When an employee returns to work from a military protected leave, they will be reinstated as required by law. Should this result in bumping a current employee; the displaced employee will have bumping rights as set forth in this section. Section 5 - Re-Employment List. The names of employees laid off or who through bumping changed classification in accordance with the provisions of this Article shall be entered upon a re-employment list in seniority order. The employee with the greatest seniority on the re-employment list, including those who exercised their bumping rights, shall be offered reinstatement first. Such notice of reinstatement shall be in writing with a copy to the employee, Union and Chapter Chair. If a laid off employee waives reinstatement or fails to respond within ten (10) working days of receipt of the notice, the employee shall be removed from the reemployment list. The person with the highest seniority including those who exercised their bumping rights on a re- employment list for a particular classification when a vacancy exists in that classification shall be offered the appointment. Names shall be carried on a re-employment list for a period of two (2) years from the date of separation from City services or change of classification through bumping. Upon re-employment within the two-year period, the employee's hire date of record at the time of layoff will be reinstated. When qualifications are in question, the City and SEIU will meet and confer. Section 6 -Sick Leave Balances. Employees laid off pursuant to Section 2 who are reinstated to a regular position within sixty (60) days shall retain the sick leave balance City of Palo Alto and SEIU Local 521 FINAL COPY dated March 16, 2016 December 1, 2015- December 31, 2018 For the Union ___ For the City ___ Page 23 of 108 they had at the time of layoff, unless they have received a sick leave payoff in accordance with Article XII. Section 7 - Hourly Employees Performing Duties. No representation unit employee will be laid off or remain on a re-employment list when hourly employees are performing substantially all the duties of the classification of the employee receiving a layoff notice or on a re-employment list. This provision shall not be applied to hourly positions which have been traditionally used for seasonal and part-time work. ARTICLE VI - PERSONNEL ACTIONS Section 1 - Probation. Each new regular or part-time employee, except employees in police dispatch positions, shall serve a probationary period of twelve (12) months, commencing with the first day of his/her employment. Each new regular or part-time employee in dispatch positions will serve an 18-month probationary period commencing with the first day of his/her employment. The probationary period shall be regarded as a part of the testing process and shall be utilized for closely observing the employee's work, for securing the effective adjustment of a new employee to his/her position, and for rejecting any probationary employee whose performance does not meet the acceptable standards of work. At least one written performance appraisal will be given each probationary employee on or before expiration of the probationary period. This appraisal will be given approximately at the end of the sixth month and another at the end of the twelfth month for employees in police dispatch positions. In the event of termination prior to successful completion of the probationary period, such terminated employee shall be given written notice of his/her termination with the reasons for the termination stated therein. The Human Resources Department shall, upon request, afford an interview in a timely fashion to the terminated employee for discussion of the reasons for termination. The employee may, upon request, be accompanied by a Union representative. The interview shall not be deemed a hearing nor shall it obligate the City to reconsider or alter the termination action. The parties agree that probationary employees shall have all rights under this Memorandum of Agreement, including full and complete access to the grievance procedure, save and except for instances of suspension, demotion or termination. Section 2 - Personnel Evaluations. Personnel evaluations will be given to employees annually as scheduled by Management. Personnel evaluations are not appealable through the grievance procedure but, in the event of disagreement over content, the employee may request a review of the evaluation with the next higher level of Management, in consultation with the Human Resources Department. For purposes of this review, the employee may be represented by the Union. Decisions regarding City of Palo Alto and SEIU Local 521 FINAL COPY dated March 16, 2016 December 1, 2015- December 31, 2018 For the Union ___ For the City ___ Page 24 of 108 evaluation appeal shall be made in writing within ten (10) working days following the review meeting. Section 3 - Personnel Files. Records of all disciplinary actions shall be kept in the central personnel file. Employees shall be entitled to sign and date all action forms in their personnel files. Employees are entitled to review their personnel files upon written request or to authorize, in writing, review by their Union representatives. An employee or the Union shall be allowed, upon reasonable request, copies of materials in an employee's personnel file relating to a grievance. Records of disciplinary actions, including references in a performance evaluation, shall be removed from a personnel file upon written request by the employee or in the normal process of file review after a period of three years, or sooner as mutually agreed by Management and the employee so long as the disciplinary action did not involve a violation of state and federal harassment and discrimination laws. Section 4 - Release of Information. The City will only release information to creditors or other persons upon prior identification of the inquirer and acceptable reasons for the inquiry. Information then given from personnel files is limited to verification of employment, length of employment and verification and disclosure of salary range information. Release of more specific information may be authorized by the employee. Section 5 - Promotional Opportunities. a) Posting. Promotional opportunities for classifications within the representation unit will be posted for at least ten (10) working days (Monday through Friday) prior to selection. Outside recruitment may be used for promotional openings and may begin at the time of posting, or any time thereafter. If, however, there are three or more qualified internal candidates within the department where the vacancy occurs, and those candidates successfully complete the selection process, outside candidates will not be considered. b) Internal Candidate Eligibility. All non-probationary representation unit employees are eligible to apply for posted promotional opportunities, except that Management may waive this requirement for all probationary employees within the department where the promotional opportunity occurs. Selection. . The selection procedure for each promotional opening will be determined and administered by the Human Resources Department in consultation with the requisitioning department. Selection procedure and job description information will be available at the Human Resources Office at the time of posting. Efforts will be made to standardize tests and procedures where standardization is City of Palo Alto and SEIU Local 521 FINAL COPY dated March 16, 2016 December 1, 2015- December 31, 2018 For the Union ___ For the City ___ Page 25 of 108 feasible and appropriate. Any tests used shall be reasonably predictive of success in the classification, and tests not be biased with respect to race, sex, sexual c) City of Palo Alto and SEIU Local 521 FINAL COPY dated March 16, 2016 December 1, 2015- December 31, 2018 For the Union ___ For the City ___ Page 26 of 108 c) orientation, religion, creed, political affiliation, color, national origin, ancestry, or age. Selection procedures may include any or all of the following phases: 1) Application. Both inside and outside candidates must complete a City of Palo Alto application form specified by the Human Resources Department. Applications must be submitted to the Human Resources Office. 2) Screening. Applications will be screened by the Human Resources Department and, in some circumstances, a manager from the Department seeking to fill a position to ascertain whether candidates meet minimum requirements as outlined in the job description. Internal candidates deemed not to meet minimum requirements may submit additional qualification information writing within three working days of notification of requirement deficiency. 3) Performance Testing. Performance tests, such as typing, machinery or vehicle operation, skills demonstration, physical agility, etc., will be qualifying. Pass-fail points will be announced in advance for qualifying tests. If requested in writing prior to the test, performance test may be witnessed by Union steward. 4) Written Tests. Written achievement or aptitude tests will be qualifying. Pass- fail points will be announced in advance for qualifying tests. 5) Interviews, Appraisals. Interviews may be conducted individually or by interview boards and will be qualifying. Interview boards shall be composed of qualified and unbiased people. Where interview boards are used, Management will include at least one bargaining unit employee on each board. If individual interview or an interview board is used, a majority of the individuals or board members must recommend a candidate in order for the candidate to qualify for appointment. Performance appraisals written by candidates' supervisors may be used as indicated in the selection procedure. d) Recommended Candidates. Candidates who successfully complete all phases of the selection procedure will be recommended to the appointing authority. e) Seniority. Seniority, for purposes of this Article, will be based on current service hire date of record in a regular classification with no adjustment for leaves of absence. Seniority ties will be determined in favor of the employee with the lowest employee number last four digits. Exceptions to this subsection may be established by mutual agreement on a departmental or divisional basis. Such exceptions are listed in Appendix G. City of Palo Alto and SEIU Local 521 FINAL COPY dated March 16, 2016 December 1, 2015- December 31, 2018 For the Union ___ For the City ___ Page 27 of 108 f) Appointment. The appointing authority will make appointments from among those recommended candidates who are most qualified as determined by objective review of selection procedure results and background materials. Where appointments are made from only internal candidates who are equally qualified as determined by objective review of selection procedure results and past performance, seniority will be the determining factor in promotional appointments. g) Violations. Any violation of this Article may be appealed to the Human Resources Director in Step III of the grievance procedure. Section 6 - Rights. Unit employees applying for a vacant equal or lower paying position shall have the same rights as unit employees applying for a promotion. Section 7 - Apprentice Positions. (a) The City shall establish apprentice positions wherever feasible. Length of apprenticeship, type of training, and pay levels shall be by mutual agreement. Where possible, apprentice positions will underfill regular positions so that incumbents may automatically progress to the classification for which they are training upon successful completion of apprenticeship. The City will meet and confer with the Union before adding any new apprenticeship programs during the term of this agreement. All apprenticeship programs are listed in Appendix B. Section 8 - Rotation. In assigning employees to regular or special shifts, transfer, standby, overtime, or vacation selection, ability to perform the work, length of service and/or equitable rotation shall determine the assignments. In accordance with this provision, more definitive rules may be arranged by mutual agreement of the Union and individual City departments. ARTICLE VII - PAY RATES AND PRACTICES Section 1 - Salary. The base salary rates and ranges for job classifications covered by this bargaining unit shall be increased as set forth in Appendix A-1 to reflect salary increases for all positions in the unit and market adjustments to positions identified in the total compensation survey as under-market based on the survey results for base, cash, insurance and the normal cost of retiree medical (when such information is required by and verified through the CAFR), with total rates and ranges as set forth in Appendix A-2 (Salary Schedule) attached hereto. Section 2 - Step Increases. Merit advancements from the first salary step to the second salary step shall be granted upon successful completion of probation and between second and subsequent steps at City of Palo Alto and SEIU Local 521 FINAL COPY dated March 16, 2016 December 1, 2015- December 31, 2018 For the Union ___ For the City ___ Page 28 of 108 one-year intervals, if the affected employee has demonstrated continued improvement and efficient and effective service. For the purpose of determining step time requirements, time will commence on the first day of the month coinciding with or following entrance onto a salary step. Step increases shall be effective on the first day of the payroll period in which the time requirements have been met. Section 3 - Working Out of Classification. The term "working out of classification" is defined as a Management authorized full-time assignment to a budgeted/approved position on a temporary basis wherein all significant duties are performed by an individual holding a classification within a lower compensation range. Out-of- classification provisions do not apply to work assignments performed in connection with specific predetermined apprenticeship or training programs, or declared conditions of public peril and/or disaster. Pay for working out of classification shall be as follows: a) Employees appointed to an "out of classification" will receive acting pay within the range of the higher classification beginning the first day of the assignment and shall be paid for all hours worked in the higher classification provided employee works a minimum of four (4) hours. b) Where out-of-class appointments last for more than 90 days, and whenever feasible, an out-of-class appointment will be rotated among qualified interested employees in the work group. c) Employees will receive 5% premium pay for all assigned out of class pay for work within SEIU Classifications with the exception of lead assignments where the out of class pay will result in a 7% premium pay. Out-of-classification provisions do not apply to work assignments performed in connection with specific predetermined apprenticeship or training programs, or declared conditions of public peril and/or disaster. Employee appointed to “out of class” assignments that are in the Management and Professional Compensation Plan or in Utilities Management and Professional Association for at least one workweek will receive up to a 10% premium pay. d) Section 4 - Classification Changes. a) During the course of this agreement, the Union and affected employees shall be notified in advance of any contemplated changes in classification description, wage range or steps. Such changes shall be subject to the meet and confer process. Such meet and confer process shall be concluded within no more than thirty (30) days City of Palo Alto and SEIU Local 521 FINAL COPY dated March 16, 2016 December 1, 2015- December 31, 2018 For the Union ___ For the City ___ Page 29 of 108 following delivery of the City’s notice to the Union. If the Union and the City cannot reach agreement on the appropriate pay level from a job so reclassified, the Union may, within ten (10) City business days following the conclusion of the meet and confer process described above by delivery of written notice to the Human Resources Director, refer the dispute over the proposed wage range or steps to arbitration at Step IV of the Grievance Procedure set forth at Article XIX of this Memorandum of Agreement. a) Section 5 - Reclassification Requests. a. An employee or his/her representative may request in writing a re-evaluation of his/her job based on significant permanent changes in job content or significant discrepancies between job content and classification description. The request must be in writing, contain justification and may be made only on an annual basis during the period of September 10 through October 10. A statement by management that a job reevaluation request will be submitted with the departmental budget does not relieve an employee from the responsibility of submitting his/her own request during this period. The Human Resources Director or his or her designee will initially respond to such requests within ninety (90) calendar days by notice to the employee and the union; however, this timeline may be extended if necessary. Such response shall include any reclassification to a different classification or changes in description that the City believes are warranted and any related changes in applicable pay range or steps. If meetings are held, the employee may request representation. If a reclassification is approved and results in an increase in salary, it shall be retroactive to the date the Employee or Union filed the request for the reclassification. a. b. If the employee or Union disagrees with the accuracy of the description of duties resulting from the study conducted pursuant to subsection (a) of this Section or with the wage range or steps assigned by the City as a result of the study, the employee or Union may, within ten (10) City business days of delivery of notice of such determination, appeal such decision under step IV of Article XIX, Grievance Procedure. c. In a dispute under Section 4(a) or section 5(b) above, the arbitrator shall render his or her decision on the appropriate wage range or steps within twenty-one (21) days after the initial hearing date. The same time line will be observed for disputes over the accuracy of the revised classification description. The parties will notify the arbitrator of this deadline at the time of the arbitrator’s selection. In reaching a decision on wage range and steps under Section 4(a) or 5(b) above, the arbitrator shall base his or her award on the factors traditionally taken into City of Palo Alto and SEIU Local 521 FINAL COPY dated March 16, 2016 December 1, 2015- December 31, 2018 For the Union ___ For the City ___ Page 30 of 108 account in the establishment of compensation. When deciding a dispute over the accuracy of the revised classification description under section 5(b) above, the arbitrator shall identify the modifications of the pre-existing classification necessary to accurately reflect the permanent changes, if any, that have been implemented. Upon receipt of the arbitrator’s award, the City shall implement the revised classification and wage range or steps as provided in the award except as provided under subsection 5(c) of this section below. Notwithstanding an arbitrator’s award pursuant to any appeal process, the City retains the right to forego implementing the changes and the proposed changes shall revert to the status quo as it existed before those changes in duties occurred or were proposed. d. An employee may submit a request for reclassification for the same classification no more than once every twenty-four (24) months. Section 6 - Assignment to a Lead Position. All vacancies in lead positions shall be filled in accordance with Article VI, Section 5. The pay range for the lead position shall be seven percent above the pay step of the highest paid employee on the crew. Departmental exceptions for filling lead positions on a rotational basis for training and development purposes may be arranged by mutual agreement of the Union and individual City departments. Current exceptions are listed in Appendix C. d. Section 6 - Advance of Vacation Pay. Vacation pay shall be made available in advance of regular payday, provided that employee requests such advance in writing to the Finance Department at least two weeks prior to his/her vacation date. The employee's supervisor must verify vacation date on the request. Section 66 - Assignment to a Lead Position. All vacancies in lead positions shall be filled in accordance with Article VI, Section 5. The pay range for the lead position shall be seven percent above the pay step of the highest paid employee on the crew. Departmental exceptions for filling lead positions on a rotational basis for training and development purposes may be arranged by mutual agreement of the Union and individual City departments. Current exceptions are listed in Appendix C. City of Palo Alto and SEIU Local 521 FINAL COPY dated March 16, 2016 December 1, 2015- December 31, 2018 For the Union ___ For the City ___ Page 31 of 108 Section 78 - Total Compensation and Survey Database. a) Management and the Union have agreed to a compensation survey database structure which identifies specific benchmark classifications for job families, classifications within the job families of each benchmark classification, survey agencies and survey classification matches. Survey Cities include: Alameda Hayward San Mateo Berkeley Mountain View Santa Clara Daly City Redwood City S. San Francisco Fremont San Jose Sunnyvale If the employer list will not permit the production of a survey report that includes data from at least four (4) employers that employ employees in a classification comparable to the classification surveyed by the City, neither party is precluded from bringing forward information on other employers in the relevant recruitment area that employ workers in a comparable classification so that data from at least five (5) surveyed employers will be included in the study, if feasible. Such employer may include any public or private employer. The database is intended to provide one source of information concerning how the compensation paid to employees in bargaining unit job classifications compares to that paid by other employers. The City will update the survey database and send the Union a copy six weeks before expiration of this agreement. This survey will be considered in connection with special adjustment proposals in successor agreement negotiations. By agreeing to a survey database, neither Union nor Management is under obligation to propose or agree to special adjustments. Section 8 9- Direct Deposit Beginning in the first pay period following union ratification and adoption of this Agreement by the City Council, the City shall directly deposit all paychecks for Unit employees in a financial institution of the employee’s choice that accepts direct deposits and does not charge the City a fee(s) for direct deposit service. In the event that the employee fails to designate a financial institution for direct deposit of his or her payroll check, the employee shall pick up the check personally in the City’s Administrative Services Department office on the next business day following payday at a pickup time designated by Administrative Services. City of Palo Alto and SEIU Local 521 FINAL COPY dated March 16, 2016 December 1, 2015- December 31, 2018 For the Union ___ For the City ___ Page 32 of 108 ARTICLE VIII - HOURS OF WORK, OVERTIME, PREMIUM PAY Section 1 - Work Week and Work Day. The standard workday for regular employees shall be eight hours to be worked within a maximum of nine hours (five-day work week) or ten hours to be worked within a maximum of eleven (four-day work week) or nine hours to be worked within a maximum of ten for four days with a fifth day of four hours (four and one-half day work week); or, within a fourteen-day period, nine hours to be worked within a maximum of ten hours for one day and eight hours to be worked within a maximum of ten hours for one day, with the work week scheduled to begin so that forty hours are worked within each seven days of the fourteen-day period (9/80 plan, with forty-hour work weeks), or any other schedule that results in a 40-hour work week, or fits within the parameters of an FLSA 2080 Plan. The "9/80 plan" may not be used in any application that requires entitlement to FLSA overtime for working the regular work week. With the exception of the 9/80 plan as described above and flexible scheduling for Police Dispatchers, the standard work week With the exception of the "9/80 plan" as described above and the 4/11 Dispatcher Plan, the standard work week shall be forty hours to be worked within five consecutive days. Additional exceptions to the above are listed in Appendix D. The Union shall be notified of any further exceptions to this section in accordance with Article III, Section 8. The City and the Union agree that the availability of alternate/flexible work schedules is a valuable benefit in that they promote job satisfaction while also reducing traffic congestion and air pollution. During the term of this agreement, employees, subject to the conditions of their job assignment, may propose an alternate work schedule as listed under this Section. Such proposals must be made to the department head through the immediate supervisor. Serious consideration will be given to the feasibility and productivity of such proposals, however Management retains the right to determine scheduling needs. Section 2 - Overtime Work. a) Overtime work for all unit employees shall be defined as any time worked beyond the standard workday or beyond the standard work week. Emergency overtime is defined as unplanned overtime work arising out of situations involving real loss of service or property or personal danger. Emergency overtime does not include: i. overtime work resulting from personnel replacement for purposes of maintaining scheduled staffing; ii. overtime work which is planned in advance; iii. overtime work resulting from being held over for up to four hours to finish work performed during the regular shift. City of Palo Alto and SEIU Local 521 FINAL COPY dated March 16, 2016 December 1, 2015- December 31, 2018 For the Union ___ For the City ___ Page 33 of 108 b) Compensation to employees working overtime will be in the form of additional pay at the rate of one and one-half times. Two times regular rate will be paid for billable customer convenience overtime and emergency overtime as defined in subsection (a) above) the employee's applicable hourly salary with the exception that an employee may request and, upon approval, be granted compensatory time off at the rate of one and one-half hours for each hour of overtime worked, subject to the limitations of applicable state and federal laws. In the event compensatory time off is used as the method of compensating for Overtime, the time off will be taken prior to the end of the quarter following the quarter in which the overtime has been worked. In the event the employee is denied this provision, he/she will be compensated in pay for such time at the appropriate rate specified by these sections. Or at the employee's option, the earned compensatory time will be added to the employee's vacation balance. c) All time for which pay is received shall count as hours actually worked for the computation of regular overtime pay; however, non-productive time will not be included in computation of any additional FLSA premiums. d) When an employee is required to work 6 or more hours of overtime (either emergency or pre-arranged) during the 16 hour period immediately preceding the beginning of the employee’s regular shift on a workday, the employee shall be entitled to an eight-hour rest period before returning to work. If the rest period overlaps into the second half of the work day, the employee may be given (with supervisor approval) the remaining time off (up to a maximum of 3 hours) at the straight time rate of pay. Any portion of the rest period falling within the employee’s work shift will be considered as hours worked and compensated at the straight time rate. d) e) If non-emergency overtime is canceled without at least 40 clock hours notice, the City shall pay the affected employees two (2) hours' pay at time and one-half. e) f) Employees working overtime who are too fatigued to continue or return to work, for safety reasons will be released from duty without compensation. Section 3 - Work Shifts. All employees shall be assigned to work shifts with scheduled starting and quitting times. Should conditions necessitate a change in starting and quitting times, the Union will be notified ten (10) working days in advance and permitted to discuss such changes with the City. This, however, shall not preclude the City's right to effect schedule changes dictated by operational necessity. This section does not apply to overtime scheduling. City of Palo Alto and SEIU Local 521 FINAL COPY dated March 16, 2016 December 1, 2015- December 31, 2018 For the Union ___ For the City ___ Page 34 of 108 Section 4 - City-Paid Meals. In accordance with City policy, the City of Palo Alto bases its meal reimbursement limits on the U.S. General Services Administration (GSA) per diem rates. Those rates are adjusted every October. For overnight travel per diem rates, the City reimburses based on the rates applicable to the destination of travel, as provided by the GSA at http://www.gsa.gov/portal/category/100120. For non-travel meals, the City will reimburse up the maximum GSA rates for the Palo Alto area. Receipts are required to back-up these expenses. a. Emergency overtime meals. For purposes of this section, emergency overtime is defined as unplanned overtime arising out of situations involving real loss of service or property or personal danger. The City agrees to reimburse for meals based on GSA maximum rates for the Palo Alto Area (current non-travel meal maximum rates as of October 1, 2015 are to $15 for breakfast, $16 for Lunch and $28 for dinner) and will provide meals in the following emergency overtime situations: a. Emergency overtime meals. For purposes of this section, emergency overtime is defined as unplanned overtime arising out of situations involving real loss of service or property or personal danger. The City agrees to reimburse for meals in the amount of $10 for breakfast, $15 for lunch, and $20 for based on GSA maximum rates for the Palo Alto Area (current non-travel meal maximum rates as of October 1, 2015 are to $15 for breakfast, $16 for Lunch and $28 for dinner)dinner and will provide meals in the following emergency overtime situations: 1) When an employee is called back and is on duty for a period of three consecutive hours, and thereafter at intervals of five hours, but not more than six hours, until the continuous overtime assignment ends. OR, 2) When an employee is held over on duty so that his/her overtime assignment extends two hours after shift end, and thereafter at intervals of five hours, but not more than six hours, until the continuous overtime assignment ends. OR, 3) When an employee is called out two hours or more before a regularly scheduled day shift and works the regularly scheduled shift, he/she will be entitled to breakfast and lunch. Lunches will be consumed on employee's own time. No in-lieu pay will be made for meals not taken. This sub-section does not apply if already covered in Section 4(a)(1) above. City of Palo Alto and SEIU Local 521 FINAL COPY dated March 16, 2016 December 1, 2015- December 31, 2018 For the Union ___ For the City ___ Page 35 of 108 4) When recalled two hours or less after the end of a regular shift, unless assigned to standby. b. Non-emergency overtime meals. The City will provide meals for personnel assigned to non-emergency overtime work where the assignment extends two hours after the regular or overtime shift end and at intervals of five hours thereafter. b. c. With regard to (a) and (b) above, the City agrees to reimburse for meals based on GSA maximum rates for the Palo Alto Area (current non-travel meal maximum rates as of October 1, 2015 are to $15 for breakfast, $16 for Lunch and $28 for dinner)in the amount of $10 for breakfast, $15 for lunch, and $20 for dinner. Where possible, the City will arrange purchase orders at mutually agreeable restaurants. The time necessarily taken to consume a meal provided under this section shall be considered as time worked to a maximum of one hour, except as noted in (a) (3). c. d. With regard to (a) and (b) above, in the event an employee is to be provided a meal or meals pursuant to this section and such meal(s) are not provided due to working conditions, the employee shall have the option of receiving for each meal not provided an additional one hour of overtime compensation in lieu of such meal. This hour will not be considered as time worked or part of the rest period, but will be applied to qualify for the rest period. d. e. Emergency overtime meals for Public Safety Dispatchers. The Police Department will provide meals to employees in an emergency overtime situation involving real or potential loss of service or personal danger. 1) When an employee is called back and is on duty for a period of three consecutive hours, and thereafter at intervals of five hours, but not more than six hours, until the continuous overtime assignment ends. 2) When an employee is held over on duty so that his/her overtime assignment extends two hours after shift end, and thereafter at intervals of five hours, but not more than six hours, until the continuous overtime assignment ends. 3) When an employee is called out two hours or more before a regularly scheduled shift. The employee will be entitled to two meals, the second meal will be consumed on the employee's own time. No in-lieu pay will be made for meals not taken. 4) When recalled two hours or less after the end of a regular shift, unless assigned to standby. City of Palo Alto and SEIU Local 521 FINAL COPY dated March 16, 2016 December 1, 2015- December 31, 2018 For the Union ___ For the City ___ Page 36 of 108 e. f. Non-emergency overtime meals for Public Safety Dispatchers. The Police Department will provide meals to employees in non-emergency situations where the assignment extends more than two hours after the regular or overtime shift end and at intervals of five hours thereafter. If the City is unable to provide a meal, the City agrees to reimburse for meals based on GSA maximum rates for the Palo Alto Area (current non-travel meal maximum rates as of October 1, 2015 are to $15 for breakfast, $16 for Lunch and $28 for dinner)in the amount of $10 for breakfast, $15 for lunch, and $20 for dinner. This policy only applies when an employee is held over, either voluntary or mandated, on duty beyond a scheduled regular or overtime shift. Section 5 - Break Periods. All employees shall be granted a break period or coffee break limited to 15 minutes during each four hours of work. Departments may make reasonable rules concerning break period scheduling. Break periods not taken shall be waived. Section 6 - Clean-Up Time. All employees whose work causes their person or clothing to become soiled shall be provided with reasonable time before lunch and at shift end for wash-up purposes. Section 7 - Standby Pay, Call-Out Pay. a) a. Standby Compensation. Employees performing standby duty shall be compensated at the daily rates established below: Monday through Friday $70 Saturday, Sunday, Holidays $100 In the event of a declared City emergency, this section applies to standby assigned in accordance with applicable department policy. b) b. Minimum Call-Out Pay. Employees not otherwise excluded from receiving overtime pay who are called out to perform work shall be compensated for at least two hours' pay from the time of the call-out for each occurrence at the appropriate overtime rate. The two-hour minimum does not apply to employees called out to work while earning pay for being in a standby status unless called out to perform billable customer convenience work in which case the two-hour minimum will apply. Section 8 - Night Shift Premium. Night shift premium of $1.44 per hour6% of base pay shall be paid to employees for work performed between 6:00 p.m. and 8:00 a.m. This premium shall not apply to an employee whose schedule does not qualify for shift differential who requests an earlier scheduled start time that would otherwise qualify City of Palo Alto and SEIU Local 521 FINAL COPY dated March 16, 2016 December 1, 2015- December 31, 2018 For the Union ___ For the City ___ Page 37 of 108 the employee for the premium. A minimum of two hours must be worked between 6 p.m. and 8:00 a.m. to qualify for the premium. Employees who regularly work night shifts shall receive appropriate night shift premiums, relating to night shift hours worked, in addition to base pay for holidays, sick leave and vacation. Night shift premium does not apply for overtime situations unless overtime is approved to replace an employee who would have otherwise received a night shift premium. Section 9 - Bilingual Premium. $$3550 per pay period shall be paid to a bilingual employee whose abilities have been determined by the Human Resource Director as qualifying to fill positions requiring bilingual speaking and/or writing ability when the employee regularly performs such duties. The Human Resource Director will determine the number, timing, location and duration of the assignments receiving the additional pay provided herein and which languages are needed. Sign language shall be recognized as a bilingual skill under this Article. Disagreements over the designation of positions will be referred first to the Labor Management Committee. If a disagreement still exists it will be referred to the Grievance Procedure. Human Resources will respond to the employee within sixty calendar (60) days after receipt of request. Upon approval by the Human Resources Director, the City is required to arrange for language testing within four (4) months of the approval. Section 10 - Communications Training Officer (CTO) Compensation. Public Safety Dispatchers and Chief Public Safety Dispatchers identified by Management to work as a Police Officers Standards and Training (POST) certified CTO will be compensated at a premium pay rate of five (5) percent. The premium pay is provided only for those hours spent as a CTO training a probationary dispatcher while on-duty in the Dispatch Center. ARTICLE IX - UNIFORMS AND TOOL ALLOWANCES Section 1 - Uniforms. a) The City will provide uniforms, coveralls or shop coats on a weekly basis, or as otherwise furnished, for the following jobs and/or classifications and any positions necessary or required as determined by management. Animal Control Officer Assistant Storekeeper Associate Engineer - Pretreatment Auto Service Mechanic Building Service Person - Lead Building Service Person City of Palo Alto and SEIU Local 521 FINAL COPY dated March 16, 2016 December 1, 2015- December 31, 2018 For the Union ___ For the City ___ Page 38 of 108 Cathodic Technician Cement Finisher - Lead Cement Finisher Chemist Community Service Officer (CSO) Electrical Assistant Electrician Apprentice Electrician Lead Engineering Technician III - Refuse Equipment Operator Equipment Operator - Lead Facilities Carpenter Facilities Electrician Facilities Maintenance - Lead Facilities Mechanic Facilities Painter Field Serviceperson Gas System Shop/Field Repairer Gas System Technician I Gas System Technician II Golf Course Equipment Mechanic Golf Course Maintenance Person Heavy Equipment Operator - Lead Heavy Equipment Operator Industrial Waste Inspector Industrial Waste Investigator Instrumentation Electrician Laboratory Technician, Water Quality Control Line Person/Cable Splicer Line Person/Cable Splicer - Lead Mail Services Specialist Maintenance Mechanic/Maintenance Mechanic, Water Quality Control Mechanical Unit Repairer Meter Reader Meter Reader – Lead Mobile Service Technician Motor Equipment Mechanic - Lead Motor Equipment Mechanic Offset Equipment Operator - Lead Offset Equipment Operator Park Maintenance Assistant Community Services Officer Parking Enforcement Officer City of Palo Alto and SEIU Local 521 FINAL COPY dated March 16, 2016 December 1, 2015- December 31, 2018 For the Union ___ For the City ___ Page 39 of 108 Park Maintenance Person Park Crew - Lead Park Maintenance - Lead Park Ranger Parks & Open Space Assistant Police Records Specialist Refuse Disposal Attendant Senior Chemist Senior Industrial Waste Inspector Senior Industrial Waste Investigator Senior Instrumentation Technician Senior Operator, Water Quality Control Senior Mechanic, Water Quality Control Senior Park Ranger Sprinkler System Repairer Street Maintenance Assistant Storekeeper Storekeeper-Lead Street Sweeper Operator Traffic Control Maintainer - Lead Traffic Control Maintainer II Traffic Control Maintainer I Tree Trimmer-Line Clearer Tree Maintenance Assistant Tree Trimmer-Line Clearer Assistant Tree Trimmer-Line Clearer - Lead Tree Maintenance Person Truck Driver Utilities Compliance Technician Utility Field Service Representative Utility Installer/Repairer Utility Installer/Repairer Assistant Utility Installer/Repairer – Lead Utility Locator Water Meter Cross Connection Technician Water System Operator - Lead Water System Operator Water System Operator I Water System Operator II Water Quality Control Plant Operator City of Palo Alto and SEIU Local 521 FINAL COPY dated March 16, 2016 December 1, 2015- December 31, 2018 For the Union ___ For the City ___ Page 40 of 108 b) Coveralls will be made available for occasional use as needed to protect clothing for the following classifications and any positions necessary or required as determined by management. Building Inspector Building Inspector Specialist Building Service Person - Lead Cable Splicer Assistant Chief Electric Underground Inspector Electrical Assistant Electrician Facilities Mechanic/Painter Heavy Equipment Operator Lineperson/Cable Splicer Park Ranger Senior Park Ranger Utility Field Service Representative Sprinkler System Repairer Utility Installer Assistant Utility Installer/Repairer Utility Installer/Repairer - Lead c) Employees required to wear uniforms shall be provided suitable change rooms and lockers where presently provided. d) Employee clothing seriously damaged or destroyed in conjunction with an industrial injury will be reasonably replaced by the City. Any other claims alleging City liability may be filed with the City Attorney. e) Except in the Utilities Division, the City will make available, as an alternative to the shirts currently provided under Section 1(a), six (6) cotton polo shirts. Employees in the Utilities Division will be provided with six (6) long-sleeve shirts and two polo shirts. Employees will be responsible for laundering the shirts. Damaged or otherwise unwearable shirts will be returned to the employee’s supervisor and replaced by the City. f) Employees are responsible for laundering Park Ranger and Senior Park Ranger uniforms. g) The City will meet and confer with the Union regarding any mandated changes to uniforms. City of Palo Alto and SEIU Local 521 FINAL COPY dated March 16, 2016 December 1, 2015- December 31, 2018 For the Union ___ For the City ___ Page 41 of 108 Section 2 - Tool Allowance. a) Mechanics in Equipment Maintenance, Park Maintenance Lead, Motorized Equipment Mechanic and Mobile Service Technician shall be paid a tool allowance of $610 annually upon verification of purchase by the employee. b) All tool allowances shall be paid bi-weekly. c) Parties will meet and confer to determine if additional classifications require tool allowance. d)b) . Section 3 - Shoe Allowance. a) Safety Shoes. The City will pay the vendor or reimburse full-time employees up to $400 per fiscal year for the The City shall reimburse employees 75 % of the cost of job-related safety shoes upon verification of such purchase by the employee. b) b)Walking Shoes. The City will reimburse employees 75% of the cost of job-related walking shoes for any positions necessary or required as determined by management including Meter Reader and Meter Reader-Lead, in an amount not to exceed $300.00 per year. A walking shoe is a durable work shoe/boot (non steel- toed), is ankle supporting; oil, gas and slip resistant; waterproof or water resistant; lightweight and durable; and also provides hard surface cushioning. Section 4 - Certifications. Section 4 – Certifications. The parties agree to retain the current list of required certifications below. Employees who are required to maintain commercial driver's licenses shall have costs for medical examinations paid by: a) Completing an examination through their PEMHCA provider. After benefits have been paid by the PEMHCA provider, upon presentation of proper documentation, the City will reimburse any remaining costs, or b) Completing an examination at the Workforce Medical clinic or other City designated clinic. Employees may use paid leave for attendance at scheduled medical examinations. Employees shall be permitted to use up to two hours of regular City- City of Palo Alto and SEIU Local 521 FINAL COPY dated March 16, 2016 December 1, 2015- December 31, 2018 For the Union ___ For the City ___ Page 42 of 108 paid time for attendance at biannual medical examinations. The scheduling of such time shall be preauthorized by the employee’s supervisor. c) The City will pay special registration and/or certification fees which are required by Management. During the term of this agreement, the City and the Union may, by mutual agreement, review, add or delete classifications and/or required certifications listed below: Classification Requirement Aquatics Facility OperatorFacilities Technician Aquatics Facility Operator Certificate Building Inspector/ Buildg Inspection Specialist ICBO Certificate as stated in job description Cathodic Technician Corrosion Technician by the National Assoc. of Corrosion Engineers Engineer Professional Professional Engineer Cert. (for step E) Equip Maint Serv Pers. Forklift Operator Cert. (OSHA-approved) Golf Course Maint Pers. Qualified Applicators' License Heavy Equipment Operator Crane Operation Certificate (Utilities and Electric) Indust. Waste Inspector Backflow Prevention Device Tester Inspector Field Services, Utilities D1 (DOH) Hired before July 1, 2012 Installer/Repairer Series D1 (DOH) Maintenance Mechanic Crane Operator Certification (Water Quality) Mech. Unit Repairer Welding Certificate Motor Equip Mechanic and Lead EMS, ASE Planner, Associate Planner AICP City of Palo Alto and SEIU Local 521 FINAL COPY dated March 16, 2016 December 1, 2015- December 31, 2018 For the Union ___ For the City ___ Page 43 of 108 Senior Planner Public Safety Dispatcher POST Basic Dispatcher POST Fire Academy EMD Public Safety Dispatcher, Lead POST Basic Dispatcher POST Fire Academy POST Supervision EMD Senior Operator, WQC Grade III Wastewater Treatment Plant Operator Certification Surveyor, PW Licensed Land Surveyor Tree Trimmer/Line Clearer Certified Tree Worker and/or Qualified Line Clearance/Tree Trimmer Cert. (OSHA-approved) Tree Trimmer/Line Clearer-Lead Certified Arborist Utilities Install/Rep series Polyethylene Fusing Cert. Gas Operator Certification (DOT) Veterinarian Technician Animal Health Tech. Certification Water System Operator I Grade DI – Water Distribution Operator Water System Operator II Grade DII – Water Distribution Operator & Grade TII – Water Treatment Operator Senior, Water System Operator Grade DIII – Water Distribution Operator & Grade TIII Water Treatment Operator WQC Plant Operator I Grade I Wastewater Treatment Operator Certification. WQC Plant Operator II Grade II WastewWater Treatment Operator Certification WQC Plant Operator Trainee Grade I WastewWater Treatment Operator Certification City of Palo Alto and SEIU Local 521 FINAL COPY dated March 16, 2016 December 1, 2015- December 31, 2018 For the Union ___ For the City ___ Page 44 of 108 Water Meter Cross- Connection Technician Backflow Prevention Tester Certification d) The City will pay for the Department of Motor Vehicles (DMV) licensing fees for all employees required to maintain a Commercial Driver's License in accordance with the California Vehicle Code and applicable laws prescribed by the Department of Transportation. e) Pipeline Welding Assignment. The City provided a 4% premium in base compensation to the Utility Installer-Repairer, and the Installer-Repairer Lead positions in 2006 that met DOT certification requirements and are, or were, assigned these duties. The Utility Installer-Repairer and Utility Installer-Repairer Lead positions that fail to maintain current certifications will not receive a 4% premium on their base pay. Positions assigned these duties and designated by Management to receive this premium will not exceed five (5) Utility Installer/Repairer(s) and Installer/Repairer Lead(s). If the certification is required in the job description, certification must be maintained. In accordance with their job description Maintenance Mechanics that are assigned to Water Gas Wastewater must maintain all required certifications and shall receive 4% premium to their base pay for pipeline welding. f) Building Inspector and Building Inspector Specialists. Upon successful completion of probationary requirements, the City will pay Building Inspectors and Building Inspector Specialists a one (1) percent of base salary one-time payment for a certification above what is required. Employees may request one payment per year to a maximum of two payments in career. Payments will not exceed a maximum of one percent per year or two payments in a career. The Building Inspector and Building Inspector Specialist Job Descriptions specifyies current requirements and the Union and City will agree on a list of appropriate certifications eligible for the premium. Premiums will not be paid if certification is not maintained. g) h)g) Water and Wastewater System Operator Certification. Employees classified in the following positions: Water Quality Control Plant Operators I and II, Senior Operator Water Quality Control, Water System Operators I and II, Senior Water Systems Operator, Inspector, Field Services assigned to Utilities and Installer Repairer Job Series may be eligible to receive a 1% base pay premium for certifications required by the Department of Health and/or the State Water Resources Control Board. Employees within these job classifications that have successfully completed probationary requirements may request an annual payment City of Palo Alto and SEIU Local 521 FINAL COPY dated March 16, 2016 December 1, 2015- December 31, 2018 For the Union ___ For the City ___ Page 45 of 108 of one (1) percent for one (1) certification that is above those listed in their job description. An employee who qualifies for this payment shall be paid 1% of the employee’s annual base salary once per year. The employee shall be responsible for providing the City with written documentation that the employee has obtained and is maintaining the qualifying certification on an annual basis. Premiums will not be paid if certification is not maintained. Eligible employees should verify certification will qualify for the premium before attempting certification. The Union and the City will update the job descriptions to reflect newly required certifications with no further adjustments to base salary. Payments will not exceed a maximum of one percent per year, and will take effect in the pay period following the verification of certification. All costs for obtaining certifications above what the job description requires will be the responsibility of the employee and may be paid for by using the City’s tuition reimbursement program. i)h) In accordance with Cal-OSHA regulations any employee who operates a forklift must have Forklift Operator Certification. Training to be provided by the City. j)i) Crane Certification. A Heavy Equipment Operator, Line Person, Line Person Lead, or Maintenance Mechanic who possesses the legally required certification for operation of any crane will receive an increase of one percent (1%) of their base rate effective upon the ratification and adoption of this MOU by the City Council, or upon attainment of the certification, whichever is later. Heavy Equipment Operator (Electric) must possess a Crane certification regardless of hire date. Any employee hired on or after July 1, 2012 may be required to obtain and possess crane certification. For any other employee hired prior to July 1, 2012 crane certification shall be desirable (not required) except under the following circumstances: a) There are insufficient employees in the classification (Heavy Equipment Operator [exclusive of Electric], Lineperson, Lineperson Lead or Maintenance Mechanic) who possess the certification to perform the work; b) The Manager has sought volunteers and no employee in the classification has volunteered to train for the certification; c) All things being equal, the manager has selected the least senior employee in the classification who is judged by the City most likely to successfully complete the training and obtain crane certification. City of Palo Alto and SEIU Local 521 FINAL COPY dated March 16, 2016 December 1, 2015- December 31, 2018 For the Union ___ For the City ___ Page 46 of 108 d) The Manager will allow up to three attempts to pass the crane certification for any employee hired before July 1, 2012 who has been involuntarily assigned to acquire the crane certification. Related training and test costs shall be borne by the City. No employee hired before July 1, 2012 shall be disciplined or discharged for failure to acquire a Crane certification. Section 54 - Weather Protection. The City will provide rainy weather foot protection and one summer hat for the classification of Community Services Officer. Section 5 - Weather Protection. The City will provide rainy weather foot protection and one summer hat for the classification of Community Services OfficerParking Enforcement Officer. ARTICLE X - HOLIDAYS Section 1 - Fixed Holidays. Except as otherwise provided, employees within the representation unit shall have the following fixed holidays with pay: January 1 Third Monday in January (Martin Luther King Day) Third Monday in February Last Monday in May July 4 First Monday in September Second Monday in October Veterans' Day, November 11 Thanksgiving Day Day after Thanksgiving December 25 Either December 24 or December 31 (see below) Employees shall be excused with pay for the full work shift on either December 24 or December 31, provided, however, that City facilities remain open with reduced staffing City of Palo Alto and SEIU Local 521 FINAL COPY dated March 16, 2016 December 1, 2015- December 31, 2018 For the Union ___ For the City ___ Page 47 of 108 levels, that Management retains the right to determine work schedules, and that neither day be considered a holiday for purposes of premium pay. If employees are not excused pursuant to this provision, one shift of vacation credit will be added to their vacation accrual. In the event that any of the aforementioned days, except for December 24 or December 31, falls on a Sunday, the following Monday shall be considered a holiday. In the event that any of the aforementioned days falls on a Saturday, the preceding Friday shall be considered a holiday. If December 24 and 31 falls on Sunday, then the preceding Friday will be designated for purposes of the holiday. Exceptions to this provision are listed in Appendix E. Section 2 - Pay for Fixed Holidays. a) All employees shall be paid a full day's pay at their regular straight time base hourly rate for all fixed holidays as defined herein. b) An employee must be in a pay status on the workday preceding the holiday to be eligible to be compensated for a holiday. This subsection does not apply to an employee who is on an unpaid medical leave of absence of less than five (5) days. b) Section 3 - Work on Fixed Holidays. Any employee required to work on a fixed holiday shall be paid time and one-half for such work in addition to his or her regular holiday pay. Work on a fixed holiday beyond the number of hours in a regular shift shall be compensated at double time and one- half. Employees who work a schedule where a regular day off falls on a holiday will accrue the holiday hours they would have normally worked on that day. If an employee has more than four (4) days of holiday time accrued the City will automatically cashout these additional hours.. This does not impact the employee’s ability to cashout or transfer to deferred comp holiday hours below the four (4) day threshold. Section 4 - Variations in Work Week. a) An employee whose work schedule requires that his or her regular days off be other than Saturday and/or Sunday shall have an additional day off scheduled by the department in the event a fixed holiday falls during his or her regularly scheduled day off. Every attempt will be made to schedule the day on a mutually agreeable basis. If the day cannot be so scheduled, the employee shall be paid for the day at the straight time base rate. City of Palo Alto and SEIU Local 521 FINAL COPY dated March 16, 2016 December 1, 2015- December 31, 2018 For the Union ___ For the City ___ Page 48 of 108 b) Fixed holidays which fall during a vacation period or when an employee is absent because of illness shall not be charged against the employee's vacation or sick leave balance. Section 5 - Floating Days Off Employees hired on or before July 1, 2012 will be credited with 3 floating holidays to be scheduled for use by mutual agreement by employee and supervisor. In no event will FH be convertible to cash or other benefits in lieu of Floating Holidays. Effective at the close of business 6/30/13 one floating holiday will be eliminated. On July 1, 2013 and every July thereafter, employees will be credited with two (2) Floating Holidays to be scheduled in the same manner as noted above. Employees hired after 7/1/12 will not receive any floating holidays. Floating Holidays not used by the end of the fiscal year will be deemed forfeited. ARTICLE XI - VACATIONS Section 1 - Vacation Accruals. Each employee shall be entitled to an annual paid vacation, accrued as follows: a) First day of continuous service through the last day of the fourth (4th) year: 80 hours vacation per year. b) First day of the fifth year of continuous service through the last day of the ninth (9th) year: 120 hours vacation per year. c) First day of the tenth (10th) year of continuous service through the last day of the fourteenth (14th) year: 160 hours vacation per year. d) First day of the fifteenth (15th) year of continuous service through the last day of the nineteenth (19th) year: 180 hours vacation leave per year. e) Twenty (20) or more years: 200 hours vacation leave per year. City of Palo Alto and SEIU Local 521 FINAL COPY dated March 16, 2016 December 1, 2015- December 31, 2018 For the Union ___ For the City ___ Page 49 of 108 Employees may accrue up to three times their annual vacation leave without loss of vacation days. In the event the City is unable to schedule vacation and, as a result thereof, the employee is subject to loss of accrued vacation, the City shall extend the vacation accrual limit up to one year, in which time the excess vacation must be scheduled and taken. As long as there is no interference with departmental operations, there shall be no unreasonable restriction of increments of use. Employees shall complete six (6) months' continuous service before using accrued vacation leave. Section 2 - Holiday Falling During Vacation. In the event a fixed holiday as defined in Article X falls within an employee's vacation period, which would have excused the employee from work (and for which no other compensation is made), an additional workday for such holiday shall be added to the vacation leave. Section 3 - Illness During Vacation. When an employee becomes ill while on vacation and such illness can be supported by a statement from an accredited physician or the employee is hospitalized for any period, the employee shall have the period of illness charged against sick leave and not against vacation leave. Section 4 - Accrued Vacation Pay for Deceased Employees. An employee who is eligible for vacation leave and who dies while in the municipal service shall have the amount of any accrued vacation paid to his/her estate within thirty days. This proration will be computed at his/her last basic rate of pay. Section 5 - Effect of Extended Military Leave. An employee who interrupts service because of extended military leave shall be compensated for accrued vacation at the time the leave becomes effective. Section 6 - Vacation at Termination. Employees leaving the municipal service with accrued vacation leave shall be paid the amounts of accrued vacation to the date of termination. Section 7 - Vacation Cash Out. Once each calendar year an employee may cash out eight or more hours of vacation accrual in excess of 80 hours, to a maximum of 120 hours, provided that the employee has taken 80 hours of vacation in the previous 12 months. 1. To be eligible for cash out vacation, employees must pre-elect the number of vacation hours they will cash out during the following calendar year up to maximum of 120 hours, prior to the start of that calendar year. The election will apply only to vacation hours accrued in the next tax year and eligible for cash out. City of Palo Alto and SEIU Local 521 FINAL COPY dated March 16, 2016 December 1, 2015- December 31, 2018 For the Union ___ For the City ___ Page 50 of 108 2. The election to cash out vacation hours in each designated year will be irrevocable. This means that employees who elect to cash out vacation hours must cash out the number of accrued hours pre-designated on the election form provided by the City. 3. Employees who do not pre-designate or decline a cash out amount by the annual deadline established by the City will be deemed to have waived the right to cash out any leave in the following tax year and will not be eligible to cash out vacation hours in the next tax year. 4. Employees who pre-designate cash out amounts may request a cash out at any time in the designated tax year by submitting a cash out form to Payroll. Payroll will complete the cash out upon request, provided the requested cash out amount has accrued and is consistent with the amount the employee pre-designated. If the full amount of hours designated for cash out is not available at the time of cash out request, the maximum available will be paid. 5. For employees who have not requested payment of the elected cash out amount by November 1 of each year, Payroll will automatically cash out the pre-designated amount in a paycheck issued on or after the payroll date including November 1. ARTICLE XII - LEAVE PROVISIONS 5. ARTICLE XII - LEAVE PROVISIONS Section 1 - Sick Leave. a) The City shall provide each employee with paid sick leave, earned on a daily basis and computed at the rate of 96 hours per year, with no limits on amounts that may be accumulated, except that for employees hired after July 1, 1983, sick leave accrual accumulation shall be limited to 1,000 hours and subsections (a)(1) and (a)(2), shall not apply. Payment for accumulated sick leave at termination shall be made only in the following circumstances: City of Palo Alto and SEIU Local 521 FINAL COPY dated March 16, 2016 December 1, 2015- December 31, 2018 For the Union ___ For the City ___ Page 51 of 108 1) Eligible employees who leave the municipal service or who die while employed and who have fifteen or more years of continuous service shall receive compensation for unused sick leave hours in a sum equal to two and one-half percent of their unused sick leave hours multiplied by their years of continuous service and their base hourly rate of pay at termination. 2) Full sick leave accrual will be paid in the event of termination due to disability. b) Use of Sick Leave. Sick leave shall be allowed and used in cases of actual personal sickness or disability, medical or dental treatment, or as authorized for personal business. Up to nine days sick leave per year may be used for illness in the immediate family, including registered domestic partner. A new employee may, if necessary, use up to forty-eight (48) hours of sick leave at any time during the first six months of employment. Any negative balances generated by such utilization will be charged against future accrual or deducted from final paycheck in the event of termination. c) An employee who has been disabled for 60 consecutive days and who is otherwise eligible both for payment under the long-term disability group insurance coverage and accrued sick leave benefits may, at his/her option, choose either to receive the long term disability benefits or to utilize the remainder of his/her accrued sick leave prior to applying for long-term disability benefits. d) Sick leave will not be granted for illness occurring during any leave of absence unless the employee can demonstrate that it was necessary to come under the care of a doctor while on such other leave of absence. e) Return to Work With Limited Duty. Upon approval of department management and the City Risk Manager, an employee may return to work for doctor-approved limited duty. Approval for return to work shall be based upon department ability to provide work consistent with medical limitations, the location of the work assignment, and the length of time of the limitations. The City doctor may be consulted in determining work limitations. f) If an employee’s illness results in an absence from work for more than three (3) consecutive work days or twenty-four (24) continuous hours, whichever is greater, a doctor’s certificate or other proof of illness may be required. The department head or designee may require a doctor’s certificate or other proof of illness when there is reasonable cause of misuse. g) Sick Leave Incentive/Wellness Committee City of Palo Alto and SEIU Local 521 FINAL COPY dated March 16, 2016 December 1, 2015- December 31, 2018 For the Union ___ For the City ___ Page 52 of 108 During the term of the MOA, the City and SEIU 521 shall hold a Labor Management Committee Meeting to discuss unused sick leave incentives and wellness program ideas. This Committee will meet at least three (3) times within the first year. The Committee shall be composed of labor representatives, not to exceed five (5) representatives and (5) City representatives. Section 2 - Bereavement Leave. Leave of absence with pay of three days shall be granted an employee by the head of his or her department in the event of death in the employee's immediate family, which is defined for the purposes of this section as wife, husband, son, step-son, son-in-law, daughter, step-daughter, daughter-in-law, mother, step-mother, mother-in-law, father, step-father, father-in-law, brother, brother-in-law, step-brother, sister, step-sister, sister in- law, grandmother, grandmother-in-law, grandfather, grandfather-in-law, grandchildren, aunt, uncle, niece, nephew, registered domestic partner, or a close relative residing in the household of the employee. Such leave shall be at full pay and shall not be charged against the employee's accrued vacation or sick leave. Request for leave with pay in excess of three (3) days shall be subject to the written approval of the City Manager. Approval of additional leave will be based on the circumstances of each request with consideration given to the employee's need for additional time. Section 3 - Military Leave. The provisions of the Military and Veterans' Code of the State of California shall govern the granting of military leaves of absence and the rights of employees returning from such leaves. Consistent with the Military and Veterans Code, the City of Palo Alto shall pay employees in SEIU bargaining unit their regular salary, salary differential, and all available benefits for up to thirty days per calendar year. Section 4 - Leave Without Pay. a) Disability. Leaves of absence without pay may be granted in cases of disability not covered by sick leave. Pregnancy will be considered as any other disability. Leaves of absence for disability are subject to physicians' verification including diagnosis and medical work restriction. b) Family Leave. Family leave will be granted in accordance with applicable state and federal law. c) Other Leaves. Leaves of absence without pay may be granted in cases of personal emergency, Union business or when such absences would not be contrary to the best interest of the City. Non-disability prenatal leave is available under this City of Palo Alto and SEIU Local 521 FINAL COPY dated March 16, 2016 December 1, 2015- December 31, 2018 For the Union ___ For the City ___ Page 53 of 108 provision, but such leave shall not begin more than six months prenatal nor extend more than six months postpartum. During unpaid leaves of absence for disability or other reasons, the employee may elect and the City may require that employee to use accrued vacationpaid leave credits in a manner consistent with state and federal law. Requests for leaves without pay shall not be unreasonably denied. In order to avoid misunderstandings, all leaves without pay must be in writing to be effective. Section 5 - Jury Duty and Subpoenas. Employees required to report for jury duty or to answer subpoenas as a witness in behalf of the State of California or any of its agencies shall be granted a leave of absence with pay from their assigned duties until released by the court, provided the employee remits to the City all fees received from such duties other than mileage or subsistence allowances within thirty (30) days from the termination of jury service. When an employee returns to complete a regular shift following time served on jury duty or as a witness, such time falling within the work shift shall be considered as time worked for purposes of shift completion and overtime computation. In determining whether or not an employee shall return to his or her regular shift following performance of the duties, reasonable consideration shall be given to such factors as travel time and a period of rest. When a combination of City work time and jury duty equals 14 or more hours in the 24-hour period immediately before the employee's shift starting time, the employee will be allowed a rest period of nine hours. Any portion of the rest period falling within the employee's work shift will be considered as hours worked and compensated at the straight time rate. This provision does not apply to conditions of bona fide emergency. Bona fide emergency conditions are conditions involving real or potential loss of service or property or personal danger. Section 6 - Time Off to Vote. Time off with pay to vote in any general or direct primary election shall be granted as provided in the State of California Elections Code, and notice that an employee desires such time off shall be given in accordance with the provisions of said Code. Section 7 - Disapproval of Leave of Absence. In case of disapproval of extension, revocation or cancellation of an existing leave of absence, notice shall be sent by certified mail, return receipt requested, to the employee stating the date of such action, the reason and a specific date to return to work, which is not less than five working days from date indicated on return receipt. Section 8 - Personal Business Leave Chargeable to Sick Leave. All employees shall be granted up to twenty (20) hours personal business leave per calendar year, chargeable to sick leave. The employee need not disclose the reason for the personal business. The City of Palo Alto and SEIU Local 521 FINAL COPY dated March 16, 2016 December 1, 2015- December 31, 2018 For the Union ___ For the City ___ Page 54 of 108 scheduling of such leave is subject to the approval of the appropriate level of Management, and such approval shall not unreasonably be denied. Section 9 - Return to Assignment. The department shall make every effort to ensure that employees resuming work following a leave pursuant to Sections 1- 8 shall be returned to the assignment, shift, and/or work location held immediately prior to the leave. If the employee cannot be so assigned, he or she shall, upon request, be granted a meeting with department management to discuss the reasons for the change. Upon request, the employee shall be afforded Union representation at such a meeting. ARTICLE XIII - WORKERS' COMPENSATION INSURANCE ARTICLE XIII - WORKERS' COMPENSATION INSURANCE Section 1 - Industrial Temporary Disability. a) While temporarily disabled, employees shall be entitled to use accrued sick leave for the first three (3) days following the date of injury and thereafter shall be paid full base salary for a period of not to exceed fifty-seven (57) calendar days, unless hospitalized, in which case employees shall be paid full base salary for a period not to exceed sixty (60) days from date of injury. b) For any temporary disability continuing beyond the time limits set forth in (a) above, employees shall be paid two-thirds (66 2/3%) of their full base salary at the time of injury for the duration of such temporary disability in conformance with the State law. c) During the period of temporary disability, an employee's eligibility for health, dental, life, LTD, or other insured program will continue with City contributions at the same rate as for active employees. In case of Subsection (a) above, the employee will continue to accrue vacation and sick leave benefits. In the case of Subsection (b), sick leave and vacation benefits shall not be accrued. City of Palo Alto and SEIU Local 521 FINAL COPY dated March 16, 2016 December 1, 2015- December 31, 2018 For the Union ___ For the City ___ Page 55 of 108 Section 2 - Vocational Rehabilitation Benefits for Permanently Disabled Employees. Vocational Rehabilitation will be made available to employees who have suffered permanent disability as a result of an injury or illness sustained in the course and scope of employment before 1/1/04. For injuries on or after 1/1/04 qualified employees are entitled to supplemental job displacement vouchers in accordance with the California Labor Code, Division 1, Department of Industrial Relations and Division 4, Workers’ Compensation and Insurance, the Americans with Disabilities Act (ADA), and the City of Palo Alto's Workers’ Compensation Program. ARTICLE XIV - BENEFIT PROGRAMS Section 1 - Health Plan. a) a) Active Employees During the term of this contract, the maximum City contribution towards medical premiums for eligible full time employees per employee category shall be up to a maximum of the following for any plan: Medical Premium Category PEMHCA contribution* 2016/2017/201 8 (projected for 2017/2018) Additional City Contribution 2016/2014/20175 (projected for 2017/2018) Up to a Total Maximum City Contribution Effective 1st PP following contract adoption Up to a Total Maximum City Contribution Effective January 1, 2015January 1, 2017 Up to a Total Maximum City Contribution Effective January 1, 2018 Employee EE only $119125.00/$1 28/131 $569.00/$589.00618 /$645/$673 $688.00743 $708.00773 $804 Employee EE plus one $119125.00/12 8/131 $1256.00/$1296.001 360/$1416/$1475 $1375.001,485 $1415.001,54 4 $1,606 Employee EE Family $119125.00/12 8/131 $1669.00/$1721.001 806/$1880/$1957 $1788.001,931 $1840.002,00 8 $2,088 Effective with the first pay period including January 1, 2015, the City’s total maximum contribution towards medical premiums for eligible part time employees shall be prorated based on the number of hours per week the part-time employee is assigned to work. City of Palo Alto and SEIU Local 521 FINAL COPY dated March 16, 2016 December 1, 2015- December 31, 2018 For the Union ___ For the City ___ Page 56 of 108 *PEMHCA minimum changes per statutory determination and has historically been increased by $3 dollars each year. Any increases to the PEMHCA minimum during the term of this contract will result in a corresponding decrease to the amount of the additional City contribution, so that the total maximum City contribution never exceeds the amount listed in the “Total Maximum City Contribution” columns above. b) bc) Health Plan Coverage for Future Retirees Hired Before January 1, 2005. Monthly City-paid premium contributions for a retiree-selected health plan through the CalPERS Health Benefits Program will be made as provided under the Public Employees’ Medical and Hospital Care Act. Effective 1/1/07 the City’s monthly employer contribution for each retiree and their eligible family members, as defined by the CalPERS Health Benefits Program, shall be the amount necessary to pay for the cost of his or her enrollment, in a health benefits plan up to the monthly premium for the 2nd most expensive plan offered to the SEIU employee (among the existing array of plans). However, the City contribution for an employee hired before January 1, 2005 who retires on or after April 1, 2011 the City contribution for the retiree and their eligible family members, as defined by the CalPERS Health Benefits Program, shall be the same contribution amount it makes from time to time for active City employees. Effective upon ratification and adoption of this Agreement, the City shall provide active unit employees who were hired before January 1, 2005 with a one-time opportunity to opt-in to retiree health benefits provided under California Government Code section 22893. Eligible employees who wish to exercise this option shall inform the People, Strategy, and Operations department of their election in writing no later than 90 days following the ratification and adoption of this Agreement. a. dc) PERS – Health Benefit Vesting For Future Retirees Effective January 1, 2005 or any existing employee who opts into this vesting schedule. The CalPERS vesting schedule set forth in Government Code section 22893 will apply to all SEIU employees hired on or after January 1, 2005 or any existing employees who opt into this vesting schedule. Under this law, an employee is eligible for 50% of the specified employer health premium contribution after ten years of service credit, provided at least five of those years were performed at the City of Palo Alto. After ten years of service credit, each additional year of service credit will increase the employer contribution percentage by 5% until, at 20 years’ service credit, the employee will be eligible upon retirement for 100% of the specified employer contribution. However, the maximum contribution for eligible family members, as defined by the CalPERS Health Benefits Program, will be 90% of the specified employer contribution. The City of Palo Alto's health premium contribution will be the minimum contribution set by CalPERS under section 22893 based on a weighted average of available health plan premiums. City of Palo Alto and SEIU Local 521 FINAL COPY dated March 16, 2016 December 1, 2015- December 31, 2018 For the Union ___ For the City ___ Page 57 of 108 Contingent on agreement with similarly affected bargaining units to eliminate the benefit provided by Government Code section 22893, SEIU agrees to eliminate this benefit and meet and confer over an alternative benefit for employees hired on or after January 1, 2005. c) d) Coverage for Domestic Partners. Domestic Partnership Registered with the California Secretary of State. Employees may add their domestic partner as a dependent to their elected health plan coverage if the domestic partnership is registered with the Secretary of State. Domestic Partnership Not Registered with the California Secretary of State. Domestic partners who meet the requirements of the City of Palo Alto Declaration of Domestic Partnership, and are registered with the Human Resources Department, will be eligible for a stipend of two hundred and eighty four dollars ($284.00) per month toward the cost of an individual health plan. Evidence of premium payment will be required with request for reimbursement. e) e) Alternative Medical Benefit Program. If a regular employee and/or the employee’s dependent(s) are eligible for and elect to receive medical insurance through any other non-City of Palo Alto employer- sponsored or association-sponsored group medical plan, the employee may choose to waive his/her right to the City of Palo Alto’s medical plan insurance and receive cash payments in the amount of two hundred eighty-four dollars ($284) for each month City coverage is waived. Examples of waivers eligible for this payment are: • Employee waives all applicable City medical coverage; or • Employee is eligible to enroll his or her spouse or domestic partner and waives medical coverage for the spouse or domestic partner; or • Employee has additional eligible dependents and waives family-level medical coverage. Participation must result in a health insurance cost savings to the City and payments per employee shall not exceed a total of two hundred eighty four dollars ($284.00) per month. To participate in the program the employee and dependents must be eligible for coverage under PEMHCA medical plans, complete a waiver of medical coverage form, and provide proof of eligible alternative medical coverage. Payments will be made in the employee’s paycheck beginning the first month following the employee’s completion of the waiver form. Payments are subject to City of Palo Alto and SEIU Local 521 FINAL COPY dated March 16, 2016 December 1, 2015- December 31, 2018 For the Union ___ For the City ___ Page 58 of 108 state and federal taxes and are not considered earnings under PERS law. Employees are responsible for notifying the City of any change in status affecting eligibility for this program (for example, life changes affecting dependent’s eligibility for medical coverage through the employee) and will be responsible for repayment of amounts paid by the City contrary to the terms of this program due to the employee’s failure to notify the City of a change in status. If the State of California or federal government requires the City to participate and contribute toward coverage under any medical plan outside of PEMHCA including but not limited to the Affordable Care Act, the City’s total liability for enrolled employees and retirees and their eligible family members shall not exceed what the City would have paid toward PEMHCA coverage in the absence of such state or federal plan. The parties will meet and confer over the impact of such change on matters within the scope of representation before implementing any change. Section 2 - Dental Plan. a) The City shall continue to provide a self-funded dental program for the benefit of City employees and their eligible dependents. The City shall pay 100% of the required premiums for the program, except that benefits for regular part-time employees will be prorated as follows: Employees hired after January 1, 2005, who will work less than full time, will receive prorated premium costs for dental benefits in accordance with his/her percentage of a full-time work schedule. Part-time employees currently receiving full benefits will not be impacted. b) The City’s Dental Plan provides the following: • Maximum Benefits per Calendar Year $2,000 per person. • c) Effective July 1, 2001, dental implants in conjunction with one or more missing natural teeth, and removal of implants will be covered as a Major Dental Service at 50% usual, customary and reasonable (UCR). d) Effective 1/1/07 the City will add composite (tooth colored) fillings in dental plan posterior teeth. e) Effective 1/1/07 the City will pay up to $2000.00 for Orthodontia coverage. Section 3 - Vision Care. The City shall continue to provide a self-funded vision care program for the benefit of City employees and their dependents. The City shall pay City of Palo Alto and SEIU Local 521 FINAL COPY dated March 16, 2016 December 1, 2015- December 31, 2018 For the Union ___ For the City ___ Page 59 of 108 100% of the required premiums for the program. The benefits of the vision care program shall continue to be equivalent to $20 Deductible Plan A under the Vision Service Plan. Section 3 - Vision Care. The City shall continue to provide a self-funded vision care program for the benefit of City employees and their dependents. The City shall pay 100% of the required premiums for the program. The benefits of the vision care program shall continue to be equivalent to $20 Deductible Plan A under the Vision Service Plan. Vision benefits for regular part-time employees hired or assigned to a part-time schedule will be prorated in accordance with his/her percentage of a full- time work schedule. Section 4 - Life Insurance. The City agrees to continue the Basic and Supplemental life insurance plan as currently in effect for the term of this Memorandum of Agreement. Section 5 – Long Term Disability Insurance. The City shall continue the long term disability insurance plan currently in effect for the term of this Memorandum of Agreement. For Plan A, the benefit is 66 and 2/3% of pre-disability earnings to the maximum benefit level of $4000.00 per month. Employee coverage is subject to a voluntary payroll deduction of the insurance premium applicable to the first $6,000 of monthly salary, less a credit of $11.17 per month to be paid by the City. For Plan B, the benefit is 60% of pre-disability earnings up to the maximum benefit level of $1800 per month. Employee coverage is subject to a voluntary payroll deduction of the insurance premium applicable to the first $2000 of monthly salary for Plan B. The City will pay premiums in excess thereof. The City will pay up to $17.50 per month toward long term disability insurance premiums for those employees without eligible dependents covered under the health insurance provisions. Section 6 - Effective Date of Coverage for New Employees. For newly-hired regular employees, elected coverage will begin on the first day of the month following date of hire. Section 7 - Dual Coverage. When a City employee is married to another City employee each shall be covered only once (as an individual or as a spouse of the other City employee, but not both) and dependent children, if any, shall be covered by only one spouse. City of Palo Alto and SEIU Local 521 FINAL COPY dated March 16, 2016 December 1, 2015- December 31, 2018 For the Union ___ For the City ___ Page 60 of 108 Section 8 - Deferred Compensation. The City shall continue to make available a Section 457 Deferred Compensation Plan to SEIU employees and will insure reasonable access to Deferred Compensation representatives for all interested employees. Section 9 – Dependent Care Assistance Program and Medical Flexible Spending Accounts. The City shall continue to provide a Dependent Care Assistance Program (DCAP) and Medical Flexible Spending Accounts (FSA) for employees that comply with Section 125 of the Internal Revenue Code. Calendar year limits are set by the IRS. All matters related to the FSA shall be excluded from the grievance requirements of this MOA (per side letter agreed to in 2011). The City shall continue to provide a Dependent Care Assistance Program (DCAP) and Medical Flexible Spending Accounts (FSA) for employees that comply with Section 125 of the Internal Revenue Code. Calendar year limits are set by the IRS. All matters related to the FSA shall be excluded from the grievance requirements of this MOA (per side letter agreed to in 2011) (a) Dependent Care Assistance Program: Can be used to pay for qualified day care (or dependent care) expenses with pre-tax dollars. (b) Medical FSA: Provides reimbursement for excess medical/dental/vision, or expenses that are incurred by employees and their dependents which are not covered or reimbursed by any other source, including existing City-sponsored plans. The City will deduct the annual administrative fee through a payroll deduction (currently $4 as of 2015) or if the employee has unused FSA dollars from the prior calendar year, the City will apply those dollars to cover the administrative fee. Section 10 - Training Programs. a) Employees assigned by the City to attend meetings, workshops, or conventions of their professional or technical associations shall have their dues and reasonable expenses paid by departmental funds and shall be allowed to attend such workshops, meetings, and conventions on paid City time. b) City will reimburse for travel, meals and lodging while away from home attending an educational conference that the supervisor authorizes as being job related or which will improve an employee’s skills. Per City Policy and Procedure 1-02, the Pre-Travel Authorization Form should indicate expenses that will be paid. City of Palo Alto and SEIU Local 521 FINAL COPY dated March 16, 2016 December 1, 2015- December 31, 2018 For the Union ___ For the City ___ Page 61 of 108 ARTICLE XV - RETIREMENT Section 1 - PERS Continuation. A. Pension Group A: 2.7% @ 55. The City will continue the present benefits under the Public Employees' Retirement System 2.7% at 55 for employees hired before July 17, 2010. The Parties acknowledge that employees under this formula hired before July 17, 2010 are subject to a final compensation calculation, for pension determination purposes, based on their single highest year of compensation earnable as provided by Government Code Section 20042. B. Pension Group B: 2.0% @ 60 – (Single Highest Year). For employees hired on or after July 17, 2010 and before January 1, 2013, and employees hired on or after January 1, 2013 who are not “new members” of CalPERS as defined in the Public Employees’ Pension Reform Act (often referred to as “Classic” CalPERS members), but before the adoption of the modified 2% at 60 formula described below, whichever is later, the City will continue to provide the 2% at 60 retirement formula (“2% at 60”). The Parties acknowledge that employees under the existing 2% at 60 pension formula are subject to a final compensation calculation, for pension determination purposes, based on their single highest year of compensation earnable as provided by Government Code section 20042. C. Pension Group C: 2.0% @ 60 – (3 Highest Years). The City shall further amend its contract with CalPERS to provide miscellaneous “Classic” CalPERS members hired on or after August 1, 2013 with the CalPERS retirement formula two percent (2.0%) of final compensation at age sixty (60) with a final compensation calculation, for pension determination purposes, based on the employee’s three consecutive highest years of compensation earnable, as provided by Government Code section 20037. The City may delay the adoption or implementation of the foregoing amendment to the extent it deems such delay necessary to accommodate legal and administrative requirements. In such event, employees hired between and including August 1, 2013 and the day before the amendment’s implementation date will be placed in the 2% of final compensation at age 60 formula with single highest year earnable compensation as described above. D. Pension Group D: 2% @ 62. Employees hired on or after January 1, 2013 meeting the definition of “new member” under the Public Employees’ Pension Reform Act (Gov’t. Code s. 7522 et seq.) shall be subject to all of the provisions of that law, including but not limited to the two percent at age 62 (2%@62) retirement formula with a three year final compensation period. City of Palo Alto and SEIU Local 521 FINAL COPY dated March 16, 2016 December 1, 2015- December 31, 2018 For the Union ___ For the City ___ Page 62 of 108 D. Section 2 - Employee Share. Effective with the first pay period including July 1, 2012 employees in Pension Groups A, B and C described in Section 1 above shall pay 8% if enrolled in the 2.7%@55 benefit or 7% if enrolled in the 2%@60 benefit. Employees in Pension Group D shall pay the employee contribution required by the Public Employees’ Pension Reform Act, calculated at fifty percent (50%) of the normal cost. Section 3. Employer Share. Section 3. Employer Share. Effective the first full pay period following December 1st, 2016, each unit member in Groups A-D shall pay one-half percent (0.5%) of their salary toward the employer cost of retirement in accordance with Section 20516 of the California Government Code. Effective the first full pay period following December 1st, 2017, each unit member in Groups A-D shall pay an additional one-half percent (0.5%) of their salary toward the employer cost of retirement in accordance with Section 20516 of the California Government Code. This will result in SEIU employees in Groups A-D paying a total of one (1) percent of the employer share (in addition to the employee share of 8%) effective December 1st, 2017. Pension Group Pension Formula Employee Contribution Additional Employee Contribution For Employer's Share12/1/2016 Total Contribution Effective12/1/2016 Additional Employee Contribution For Employer's Share12/1/2017 Total Contribution Effective12/1/2017 Group A 2.7%@ 55 8% 0.5% 8.5% 0.5% 9% Group B 2%@60 7% 0.5% 7.5% 0.5% 8% Group C 2%@60 7% 0.5% 7.5% 0.5% 8% Group D 2%@62 6.25% 0.5% 6.75% 0.5% 7.25% City of Palo Alto and SEIU Local 521 FINAL COPY dated March 16, 2016 December 1, 2015- December 31, 2018 For the Union ___ For the City ___ Page 63 of 108 Section 4 - Utility Rates Discount. Employees who retire and were employed by the City on or before April 1, 1977, and spouses of deceased employees who were employed by the City on or before April 1, 1977, shall continue reductions in utility rates. All retired employees and spouses of deceased employees with documentation showing retiree status from the City shall also have residential privileges at City libraries, city parks, golf course and swimming pools. Section 4 - Utility Rates Discount. Employees who retire and were employed by the City on or before April 1, 1977, and spouses of deceased employees who were employed by the City on or before April 1, 1977, shall continue reductions in utility rates. All retired employees and spouses of deceased employees with documentation showing retiree status from the City shall also have residential privileges at City libraries, refuse disposal areacity parks, golf course and swimming pools. ARTICLE XVI - COMMUTE INCENTIVES AND PARKING ARTICLE XVI - COMMUTE INCENTIVES AND PARKING Section 1 - Commute Incentive.ARTICLE XVI - COMMUTE INCENTIVES AND PARKINGSection 1 - Commute Incentive. It is the City’s interest to reduce single occupancy vehicle trips to the extent possible in order to address current traffic and environmental challenges. During the term of this agreement, the parties shall meet and confer on changes to the City’s commute incentive and parking program adopted by the City Council. Eligible employees may voluntarily elect one of the following commute incentives:Section 1 - Commute Incentive. It is the City’s interest to reduce single occupancy vehicle trips to the extent possible in order to address current traffic and environmental challenges. During the term of this agreement, the parties shall meet and confer on changes to the City’s commute incentive and parking program adopted by the City Council. Eligible employees may voluntarily elect one of the following commute incentives: a. Civic Center Parking. Employees assigned to Civic Center and adjacent work locations. The City will provide a Civic Center Garage parking permit. New employees hired after April 30, 1994 may initially receive a parking permit for another downtown lot, subject to the availability of space at the Civic Center Garage. City of Palo Alto and SEIU Local 521 FINAL COPY dated March 16, 2016 December 1, 2015- December 31, 2018 For the Union ___ For the City ___ Page 64 of 108 b. Carpool. The City will provide $30 per month (taxable income) to each eligible employee in a carpool for 60% or more of their scheduled work days per month with two or more people. c. Bicycle. The City will provide $20 per month to eligible employees who ride a bicycle to work. This payment is available through the CCD web site in the form of a special Commuter Check (tax free) for bike equipment, gear or repairs. This benefit cannot be combined with other commute benefits. d. Walk. The City will provide $20 per month (taxable income) to eligible employees who walk to work 60% or more of their scheduled work days. e. Transit or vanpool users: Tax-free incentives up to the IRS limit (currently $255/month) are available through the Commuter Check Direct (CCD) web site for employees using Bay Area public transportation or riding in a registered vanpool at least 60% of their scheduled work days. f. Go Pass. The Go Pass program will offer civic center and other downtown- based employees a Caltrans Go Pass that allows unlimited rides on Caltrain in all zones seven days per week. b. Civic Center Parking. Employees assigned to Civic Center and adjacent work locations. The City will provide a Civic Center Garage parking permit. New employees hired after April 30, 1994 may initially receive a parking permit for another downtown lot, subject to the availability of space at the Civic Center Garage. c. Carpool. The City will provide $30 per month (taxable income) to each eligible employee in a carpool for 60% or more of their scheduled work days per month with two or more people. d. Bicycle. The City will provide $20 per month to eligible employees who ride a bicycle to work. This payment is available through the CCD web site in the form of a special Commuter Check (tax free) for bike equipment, gear or repairs. This benefit cannot be combined with other commute benefits. e. Walk. The City will provide $20 per month (taxable income) to eligible employees who walk to work 60% or more of their scheduled work days. Transit or vanpool users: Tax-free incentives up to the IRS limit (currently $125255/month) are available through the Commuter Check Direct (CCD) web site for employees using Bay Area public transportation or riding in a registered vanpool at least 60% of their scheduled work days. City of Palo Alto and SEIU Local 521 FINAL COPY dated March 16, 2016 December 1, 2015- December 31, 2018 For the Union ___ For the City ___ Page 65 of 108 f. Go Pass. The Go Pass program will offer civic center and other downtown-based employees a Caltrans Go Pass that allows unlimited rides on Caltrain in all zones seven days per week. The deadline for registering with CCD and placing an online order is 8:59 p.m. on the 7th of each month, for the next month’s benefit. For example, employees wishing to order a transit pass by June must place their online orders with CCD by May 7th. Section 2 – Parking Lot Security – Municipal Service Center. The City will provide fenced and locked parking facilities for Municipal Service Center employees. Procedures will be established for entering and leaving the parking facilities. Section 3 – Bicycle Lockers and Motorcycle Parking. The City will provide bicycle lockers and motorcycle parking areas for City employees at mutually agreeable work locations. Section 2 – Parking Lot Security – Municipal Service Center. The City will provide fenced and locked parking facilities for Municipal Service Center employees. Procedures will be established for entering and leaving the parking facilities. Section 3 – Bicycle Lockers and Motorcycle Parking. The City will provide bicycle lockers and motorcycle parking areas for City employees at mutually agreeable work locations. ARTICLE XVII - PHYSICAL EXAMINATIONS If any non-probationary employee who is required to have a City-provided physical examination not related to workers' compensation programs disagrees with the findings of the City-sponsored physician, he/she may consult with his/her own physician and, if his/her private physician's report conflicts with that of the City physician in terms of ability to work at his/her regular job, then he/she may request an evaluation of his/her problem through a third physician mutually agreed upon by the employee and the City. Cost for such examination will be equally shared and the decision of this physician concerning the continuing ability of the employee to perform his/her work in his/her regular job without exposing himself/herself to further injury as a result of his/her condition shall be the basis for returning the employee to his/her regular work. ARTICLE XVIII – SAFETY City of Palo Alto and SEIU Local 521 FINAL COPY dated March 16, 2016 December 1, 2015- December 31, 2018 For the Union ___ For the City ___ Page 66 of 108 Section 1 - Health and Safety Provisions. The City shall furnish and use safety devices and safeguards and shall adopt use practices, means, methods, operations and processes which are reasonably adequate to render such employment and place of employment safe, in conformance with applicable safety regulations under the State Labor and Administrative Code sections. The City shall not require or permit any employee to go to or be in any employment or place of employment which is not safe. Section 2 - Union Cooperation. Union will cooperate with the City by encouraging all employees to perform their work in a safe manner. Section 3 - Safety Committees and Disputes. Safety committees composed of Management and Union stewards in the below listed organizations will meet no less than six (6) times annually to discuss safety practices, methods of reducing hazards, and to conduct safety training. This shall in no way remove the basic responsibility of safety from Management nor shall it in any way alter the responsibility of the employee to report unsafe conditions directly and immediately to his or her supervisor. Section 3 - Safety Committees and Disputes. Safety committees composed of Management and Union stewards in the below listed organizations will meet no less than six (6) times annually to discuss safety practices, methods of reducing hazards, and to conduct safety training. This shall in no way remove the basic responsibility of safety from Management nor shall it in any way alter the responsibility of the employee to report unsafe conditions directly and immediately to his or her supervisor. Safety committees composed of Management and Union stewards in the below listed organizations will meet no less than six (6) times annually to discuss safety practices, methods of reducing hazards, and to conduct safety training. This shall in no way remove the basic responsibility of safety from Management nor shall it in any way alter the responsibility of the employee to report unsafe conditions directly and immediately to his or her supervisor. Community Services Public Works Water-Gas-Wastewater Field Operations Electric Field Operations Water Quality Control City of Palo Alto and SEIU Local 521 FINAL COPY dated March 16, 2016 December 1, 2015- December 31, 2018 For the Union ___ For the City ___ Page 67 of 108 a) A committee composed of one facilities Management representative, one building inspection representative, two Union representatives, and the City Risk Manager will meet as needed concerning safety matters of the Civic Center. b) A ten-member Citywide Union/Management safety committee with equal Union and Management membership will meet upon call to review safety and occupational health standards and practices, discuss overall City safety and health problems, and to act as an advisory group to the departmental safety committees. The committee shall review all departmental safety programs and recommend change where necessary. c) In cases of dispute over safe working conditions the employee will first report such unsafe conditions to his or her supervisor and every attempt will be made to rectify the problem at this level. The employee may contact his or her steward to assist in the resolution of the dispute. If the problem cannot be resolved the Risk Manager will be contacted and the problem will be addressed through the interpretation of the basic safety rules and regulations. Should the problem not be resolved at this step, the grievance procedure will be utilized. Safety grievances shall be submitted at Step III. d) In response to recommendations from the Ergonomics Safety Committee, management will develop training workshops which include information on safe ergonomic work practices. Such workshops will be given at least two times per year. Upon release of Cal/OSHA regulations covering safe workplace ergonomic standards, management will immediately adopt such standards as party of its Injury Prevention Program. d) ARTICLE XIX - GRIEVANCE and APPEAL PROCEDURE Section 1 - General Provisions. The City and the Union recognize that early settlement of grievance or appeal of disciplinary actions is essential to sound employee-employer relations. The parties seek to establish a mutually satisfactory method for the settlement of employee grievances, or appeal of disciplinary action, or Union grievances as provided for below. In presenting a grievance or appeal of disciplinary action, the aggrieved and/or his or her representative is assured freedom from restraint, interference, coercion, discrimination or reprisal. Release time for investigation and processing a grievance or appeal of disciplinary action is designated in Article IV of this Memorandum of Agreement (MOA). City of Palo Alto and SEIU Local 521 FINAL COPY dated March 16, 2016 December 1, 2015- December 31, 2018 For the Union ___ For the City ___ Page 68 of 108 Section 2 – Definitions. a) Grievance means an unresolved complaint or dispute regarding the application or interpretation of rules, regulations, policies, procedures, Memorandum of Agreement or City ordinances of resolution, relating to terms or conditions of employment, wages or fringe benefits, excluding however those provisions of this MOA which specifically provide that the decision of any City official shall be final, the interpretation or application of those provisions not being subject to the grievance or appeal of disciplinary action procedure. b) Appeal of a disciplinary action means an appeal of any kind of disciplinary action against an employee covered by this Memorandum of Agreement. Discipline is defined as suspensions without pay, reductions in pay, demotion or discharge. Reprimands, transfers, reassignments, layoffs, and negative comments in performance evaluations are not considered discipline. b) Section 3 - Conduct of Grievance Procedure or Appeal of Disciplinary Action Procedure. a) An aggrieved employee may be represented by the Union or may represent himself/herself in preparing and presenting a grievance or appeal of disciplinary action at any level of review. Grievances or appeal of disciplinary action may also be presented by a group of employees. No grievance or appeal of disciplinary action settlement may be made in violation of an existing merit rule or memorandum of agreement. The Union will be notified prior to the implementation of any settlement made which affects the rights or conditions of other employees represented by the Union. The Union and the Steward will be copied on all written representation unit grievance or appeal of disciplinary action decisions. b) An employee and the representative steward, if any, may use a reasonable amount of work time so long as there is no disruption of work, in conferring about and presenting a grievance or appeal of disciplinary action. Requests for release time to prepare grievance or appeal of disciplinary action shall be made in accordance with the provisions of Article IV, Section 3. c) Beginning with the third step of the grievance or appeal of disciplinary action procedure, the Chief Steward or Alternate Chief Steward may assist in presenting a grievance or appeal of disciplinary action and may be present at all Step III, and IV grievance or appeal of disciplinary action hearings. d) The time limits specified in this Article may be extended by mutual agreement in writing of the aggrieved employee or the Union and the reviewer concerned. City of Palo Alto and SEIU Local 521 FINAL COPY dated March 16, 2016 December 1, 2015- December 31, 2018 For the Union ___ For the City ___ Page 69 of 108 e) Should a decision not be rendered within a stipulated time limit, the grievant may immediately appeal to the next step. f) The grievance or appeal of disciplinary action may be considered settled if the decision of any step is not appealed within the specified time limit. g) If appropriate, the aggrieved employee(s) or the Union and the department head may mutually agree, in writing, to waive Step I and/or Step II of the grievance or appeal of disciplinary action procedure. h) Grievances or appeal of disciplinary action shall be made in writing and submitted on forms provided by the City or on forms which are mutually agreeable to the City and the Union. The written grievance or appeal of disciplinary action shall contain clear, factual and concise language, including: (1) the name of the grievant; (2) a statement of the facts upon which the grievance or appeal of disciplinary action is based, including relevant dates, times and places; (3) specific provisions of this Agreement or specific City rules, policies, or procedures which the grievance or appeal of disciplinary action alleges has been violated; (4) a summary of any steps taken toward resolution; and (5) the action the grievant believes will resolve the grievance or appeal of disciplinary action. i) Any retroactivity on monetary grievances or appeal of disciplinary action shall be limited to the date of occurrence, except in no case will retroactivity be granted prior to three months before the grievance or appeal of disciplinary action was filed in writing. j) If the grievance is filed by more than one employee in the bargaining unit, the Union may, at its option, convert it to a Union grievance after Step II of the grievance procedure. The Union may also file a grievance in those instances when, under this Memorandum of Agreement, a Union right not directly related to an individual employee becomes the subject of dispute. Union grievances shall comply with all of the foregoing provisions and procedures. k) For purposes of time limits, “working days” are considered to be Monday through Friday, exclusive of City holidays. l) If a mutually agreed solution is reached during any step of this grievance or appeal of disciplinary action procedure, the agreement shall be placed in writing and signed by the City and the grievant or union. City of Palo Alto and SEIU Local 521 FINAL COPY dated March 16, 2016 December 1, 2015- December 31, 2018 For the Union ___ For the City ___ Page 70 of 108 m) Upon request of either party, meetings to discuss the grievance or appeal of disciplinary action shall be held at any step in the grievance or appeal of disciplinary action procedure. n) The Parties may mutually agree in writing to an alternate method(s) of delivery for any communication for any notices required pursuant to Article XIX, Grievance Procedure, of a grievance or appeal of disciplinary action. Such agreement shall list the designated representative(s) for each party and the appropriate contact information for each Party, and describe the agreed-upon method(s) of communication. All designated representatives shall be copied on any communications. On all transmissions that are intended to conform to a time limit, the sender shall retain proof that the transmission was sent within that limit (for example, confirmation of electronic mail transmission or record of successful fax transmission) in the sender’s file for production if a dispute arises over existence or timing of the transmission. Either Party may designate new representatives or terminate an alternate delivery agreement under this section by providing written notice, which shall be effective immediately, to the other. Section 4 - Grievance and Appeal Procedure. Step I. Informal Discussion. Within fifteen (15) working days after the incident or discovery of the incident on which the grievance or appeal of disciplinary action is based the aggrieved employee shall present the grievance action to his or her immediate supervisor and attempt to resolve the grievance through informal discussions. Every attempt will be made to settle the issue at this level. Step II. If the grievance is not resolved through the informal discussion in Step 1 or the employee wishes to appeal disciplinary action taken against him/her in the case of a grievance, the employee will reduce the grievance or appeal of disciplinary action to writing and submit copies to the Department head or his or her designee within fifteen (15) working days of the discussion with the immediate supervisor or within fifteen (15) working days from the receipt of a final disciplinary action. The Department Head or designee shall have fifteen (15) working days from the receipt of a written grievance or appeal of disciplinary action to review the matter and prepare a written statement. Step III. If the grievance or appeal of disciplinary action is not resolved and/or the aggrieved employee is not satisfied with the Step II decision, the grievant or disciplined employee may appeal to the Human Resource Director or his or her designee in writing within fifteen (15) working days of the receipt of the Department Head's response. The written appeal to the Human Resources level shall include a copy of the original grievance or appeal of disciplinary action, the Department Head’s decision at Step II, City of Palo Alto and SEIU Local 521 FINAL COPY dated March 16, 2016 December 1, 2015- December 31, 2018 For the Union ___ For the City ___ Page 71 of 108 and a clear statement of the reasons for appeal. Within fifteen (15) working days, after receiving the written appeal, the Human Resource Director shall review the matter and prepare a written statement. If a mutually agreed solution is reached during this process the agreement shall be placed in writing and signed. Step IV. If the grievance or appeal of disciplinary action is not resolved at Step III, the aggrieved employee may choose between final and binding resolution of the grievance or appeal of disciplinary action through appeal to the City Manager or through appeal to final and binding arbitration. For the term of this Memorandum of Agreement, appeals to final and binding arbitration may be processed only with Union approval. All Step IV appeals must be filed in writing at the Human Resources Department Office within fifteen (15) working days of receipt of the Human Resource Director’s decision at Step 3. If the grievant or appellant elects final and binding resolution by the City Manager, the City Manager will choose the methods he or she considers appropriate to review and settle the grievance or appeal of disciplinary action. The City Manager shall render a written decision to all parties directly involved within fifteen (15) working days after receiving the grievant/appellant’s appeal. If the grievant/appellant elects final and binding arbitration in accordance with this provision, the parties shall mutually select an arbitrator within 90 days from the date of receipt of the written request for appeal. In the event the parties cannot agree on an arbitrator, they shall mutually request a panel of five arbitrators from the California State Conciliation Service or from the American Arbitration Association if either party objects to the State Conciliation Service, and select an arbitrator by the alternate strike method. The arbitrator shall have jurisdiction and authority only to interpret, apply, or determine compliance with the provisions of this Memorandum of Agreement and such Merit System Rules, regulations, policies, procedures, City ordinances, resolutions relating to terms or conditions of employment, wages or fringe benefits, as may hereafter be in effect in the City insofar as may be necessary to the determination of grievances or appeal of disciplinary action appealed to the arbitrator. The arbitrator shall be without power to make any decision contrary to, or inconsistent with or modifying in any way, the terms of this Memorandum Of Agreement. The arbitrator shall be without authority to require the City to delegate or relinquish any powers which by State law or City Charter the City cannot delegate or relinquish. Where either party seeks arbitration and the other party claims the matter is not subject to the arbitration provisions of this Memorandum of Agreement, the issue of arbitrability shall first be decided by the arbitrator using the standards and criteria set forth in Article XX and without regard to the merits of the grievance or appeal of disciplinary action. If the issue is held to be arbitrable, the arbitration proceedings will be recessed for up to five working days City of Palo Alto and SEIU Local 521 FINAL COPY dated March 16, 2016 December 1, 2015- December 31, 2018 For the Union ___ For the City ___ Page 72 of 108 during which the parties shall attempt to resolve the grievance. If no resolution is reached, the arbitrator will resume the hearing and hear and resolve the issue on the merits. Copies of the arbitrator's decision shall be submitted to the City, the aggrieved employee and the Union. All direct costs emanating from the arbitration procedure shall be shared equally by the City and the aggrieved employee or the Union. ARTICLE XX - UNSATISFACTORY WORK OR CONDUCT AND DISCIPLINARY ACTION ARTICLE XX - UNSATISFACTORY WORK OR CONDUCT AND DISCIPLINARY ACTION The City has the right to discipline, demote, or discharge employees for cause. Non- probationary employees whose work or conduct is unsatisfactory but not sufficiently deficient to warrant discipline, demotion, or discharge will be given a written notification of unsatisfactory work or conduct and an opportunity to improve. Failure to correct deficiencies and improve to meet standards may result in discipline, demotion, or discharge. Discipline is defined as suspensions without pay, reduction in pay, demotion, or discharge. Coaching, mentoring, verbal counseling, written counseling, rReprimands, transfers, reassignments, layoffs, and negative comments in performance evaluations are not discipline and shall not be subject to the requirements of this Article. Section 1 - Preliminary Notice of Discipline. Prior to imposing disciplinary action, a supervisor shall provide an employee with preliminary written notice of the proposed disciplinary action. The notice of proposed disciplinary action must be in writing and served on the employee in person or by registered mail or Fed-Ex. The notice of disciplinary action shall include: a) Statement of the violations upon which the disciplinary action is based; b) Intended effective date of the action; c) Statement of the cause thereof; City of Palo Alto and SEIU Local 521 FINAL COPY dated March 16, 2016 December 1, 2015- December 31, 2018 For the Union ___ For the City ___ Page 73 of 108 d) Statement in ordinary and concise language of the act or the omissions upon which the causes are based; e) Copies of any documents or other written materials upon which the disciplinary action was fully or in part based. f) Statement advising the employee of his/her right to appeal from such action, and the right to union representation and a statement that in order to exercise your rights to union representation the employee may contact their SEIU representative or their steward. g) The date and location of the Skelly meeting and the name of the Skelly Officer Section 2 - Skelly Meeting. The employee shall have the right to respond informally to the charges either verbally or in writing before the discipline is imposed. The employee shall have fifteen (15) working days from receipt of the notice to request this pre- disciplinary administrative review. The employee may request a reasonable extension of the time to respond for justifiable reasons. The Skelly meeting to listen to the verbal responses shall be scheduled with a City representative who is not the manager recommending the discipline (the “Skelly Officer”). The Skelly Officer shall render a final written decision (the “post-Skelly decision”) within fifteen (15) working days of receiving the employee’s response, if any, and shall deliver the post-Skelly decision to the employee by personal delivery or registered mail. The Skelly Officer may sustain, modify, or overturn the recommended disciplinary action. If the Skelly Officer sustains or modifies the disciplinary action, the action may be imposed after the post-Skelly decision is delivered to the employee. Section 3 – Appeals. Appeals of disciplinary action should be processed through the procedures outlined in Steps 2-4 of the grievance appeal of disciplinary action procedure (Article XIX, Section 4.) Section 3 – Appeals. Appeals of disciplinary action should be processed through the procedures outlined in Steps 2-4 of the grievance appeal of disciplinary action procedure (Article XIX, Section 4.) City of Palo Alto and SEIU Local 521 FINAL COPY dated March 16, 2016 December 1, 2015- December 31, 2018 For the Union ___ For the City ___ Page 74 of 108 ARTICLE XXI - NO ABROGATION OF RIGHTS The parties acknowledge that Management rights as indicated in Section 1207D of the Merit System Rules and Regulations and all applicable State laws are neither abrogated nor made subject to negotiation by adoption of this MOA. ARTICLE XXII - OUTSIDE EMPLOYMENT The provisions of Article 4.7 of the Government Code of the State of California will govern the determination of incompatible outside employment. ARTICLE XXIII – WORK STOPPAGE AND LOCKOUTS The City agrees that it will not lock out employees, and the Union agrees that it will not engage in any concerted work stoppage or slowdown during the term of this MOA. An employee shall not have the right to recognize the picket line of a labor organization when performing duties of an emergency nature. ARTICLE XXIV PROVISIONS OF THE LAW ARTICLE XXIV - PROVISIONS OF THE LAW Section 1 - . Conformity and Separability of Provisions. This Memorandum of Agreement is subject to all current and future applicable Federal and State laws and Federal and State regulations and the Charter of the City of Palo Alto and the Constitution of the State of California. Should any of the provisions herein contained be rendered or declared invalid by reason of any existing State or Federal legislation, such invalidation of such part or portion of this Memorandum of Agreement shall not City of Palo Alto and SEIU Local 521 FINAL COPY dated March 16, 2016 December 1, 2015- December 31, 2018 For the Union ___ For the City ___ Page 75 of 108 invalidate the remaining portions hereof, and they shall remain in full force and effect, insofar as such remaining portions are severable. Section 2 - . Merit Rules and Regulations. This Memorandum of Agreement shall become a part of the City of Palo Alto Merit Rules and Regulations applying to employees assigned to classifications in the SEIU unit. As applied to employees assigned to the SEIU unit, this Memorandum of Agreement shall prevail over any conflicting Merit Rules and Regulations. Section 3 - Resolution. The City and the Union agree by signing this Memorandum of Agreement that the wages, hours, rights and working conditions contained herein shall be continued in full force during the term of this Memorandum of Agreement except as otherwise provided for in the Memorandum of Agreement and shall be binding on both the City and the Union upon ratification by the Council of the City of Palo Alto and upon ratification by Union membership. Section 3 - Resolution. The City and the Union agree by signing this Memorandum of Agreement that the wages, hours, rights and working conditions contained herein shall be continued in full force during the term of this Memorandum of Agreement except as otherwise provided for in the Memorandum of Agreement and shall be binding on both the City and the Union upon ratification by the Council of the City of Palo Alto and upon ratification by Union membership. ARTICLE XXV - . TUITION REIMBURSEMENT The City shall fund a Tuition Reimbursement Program for use by non-probationary employees in the unit with at least one (1) year of full time service with the City. This program will provide reimbursement to eligible SEIU members for successful completion of undergraduate or graduate level courses or collegiate level certification courses related to employment opportunities with the City. The City will fund up to $100,000 for each fiscal year of the term of this MOU. The maximum reimbursement will be one thousand five hundred dollars ($1,500) per employee for each fiscal year of this MOU. The reimbursement will be provided if the following conditions are met: City of Palo Alto and SEIU Local 521 FINAL COPY dated March 16, 2016 December 1, 2015- December 31, 2018 For the Union ___ For the City ___ Page 76 of 108 a. Courses must be pre-approved as job related by the division head or designee prior to the start of the course. b. Eligible expenses include required textbooks, tuition, fees, lab fees and equipment, but will not include parking fees or health fees related to enrollment. c. Employees must attain a final grace of “C” or better for both undergraduate and graduate work. Courses providing a “pass/fail” must achieve a “pass” to qualify for reimbursement. Ungraded undergraduate and graduate level courses will be reimbursement based on proof of successful completion. d. Requests for reimbursement shall be submitted in accordance with the procedures developed by the City. A request for reimbursement will not be considered submitted until it includes the relevant receipts and proof that the necessary grade or successful completion was earned. e. Requests for reimbursement must be submitted within thirty (30) calendar days of the end of the fiscal year to be allocated to the fiscal year. f. Monies expended on tuition reimbursement will be subject to appropriate IRS regulations. g. Courses must be taken on the employee’s off duty hours, unless prior approval is received from the employee’s supervisor. h. The City may require reimbursement from the employee prior to completion of twelve months of service following receipt of the reimbursement. Reimbursement to the City will be to the extent allowable under law. This program is intended to provide educational and career development opportunities includinged licenses and certifications that are job related, and shall not replace other training currently offered by the City. i. ARTICLE XXVI - COST REDUCTION PROGRAMS During the term of this agreement, the Union will aggressively assist Management in developing cost reduction programs. Such programs may include voluntary reduced hours/pay after this concept is studied by Management, and with such application as may be approved by Management. ARTICLE XXVII – TERM City of Palo Alto and SEIU Local 521 FINAL COPY dated March 16, 2016 December 1, 2015- December 31, 2018 For the Union ___ For the City ___ Page 77 of 108 ARTICLE XXVII – TERM The Term of this Memorandum of Agreement shall commence on December 1, 2015 and shall expire on December 31, 2018December 1, 2013 and shall expire on December 1, 2015. The Parties agree that they will commence negotiations over a successor to this Memorandum of Agreement no later than one hundred eighty (180) days (July 2, 2018) before its expiration. If, at the time this Memorandum of Agreement would otherwise expire, the parties are continuing to negotiate a successor Memorandum of Agreement, upon mutual agreement the terms and conditions of this Memorandum will continue in effect. City of Palo Alto and SEIU Local 521 FINAL COPY dated March 16, 2016 December 1, 2015- December 31, 2018 For the Union ___ For the City ___ Page 78 of 108 EXECUTED: FOR LOCAL 521, SEIU, CTW: FOR CITY OF PALO ALTO: _______________________________ _______________________________ Nick RaischMIiesha Brown, SEIU James Keene, City Manager __ Margaret AdkinsLynn Krug, Chapter Chair Rumi Portillo, Chief People OfficerHuman Resources Director City of Palo Alto and SEIU Local 521 FINAL COPY dated March 16, 2016 December 1, 2015- December 31, 2018 For the Union ___ For the City ___ Page 79 of 108 __ Dania Torres-WongAllyson Hauck, Chief Negotiator _____ __ Melissa TronquetNatalie Korthamaer, Manager of Employee and Labor Relations Mgr __ Maria Patino, HR RepresentativeJoe Saccio, Deputy Director, Administrative Services ___ Jon HospitalierNancy Nagel, Sr. Financial Analyst ____________ Dean Batchelor __________ Debra Burger __________ Diane Lai __________ Rhyena Halpern __________ Richard Baptist City of Palo Alto and SEIU Local 521 FINAL COPY dated March 16, 2016 December 1, 2015- December 31, 2018 For the Union ___ For the City ___ Page 80 of 108 APPENDIX A APPENDIX A Effective the pay period following execution of a successor following ratification and approval by the Union and the City Council, employees in this unit will receive a 1.5% salary increase. City of Palo Alto and SEIU Local 521 FINAL COPY dated March 16, 2016 December 1, 2015- December 31, 2018 For the Union ___ For the City ___ Page 81 of 108 ______ _______________________________ __________________________________ _______________________________ ___________________________________ ________________________________ ________________________________ City of Palo Alto and SEIU Local 521 FINAL COPY dated March 16, 2016 December 1, 2015- December 31, 2018 For the Union ___ For the City ___ Page 82 of 108 City of Palo Alto and SEIU Local 521 FINAL COPY dated March 16, 2016 December 1, 2015- December 31, 2018 For the Union ___ For the City ___ Page 83 of 108 Appendix “AAPPENDIX A ” Effective the pay period following execution of a successor following ratification and approval by the Union and the City Council, employees in this unit will receive a 1.5% salary increase. Effective the pay period following December 1, 2016, employees in this unit will receive a 3% salary increase. Effective the pay period following December 1, 2017, employees in this unit will receive a 3% salary increase. This Appendix will be amended to reflect salary increases and market adjustments with the effective dates shown in Appendix A-1, with the final salary schedule as shown in Appendix A-2. This Appendix will be amended to reflect salary increases and market adjustments with the effective dates shown in Appendix A-1, with the final salary schedule as shown in Appendix A-2. • For employees below median after receiving the first salary increase of 1.5% as listed above, the City will provide 1/3 market adjustment to median effective the first pay period following ratification by the Union. • The City will provide the second 1/3 market adjustment to median, effective the first pay period following December 1, 2016. • The City will provide the final 1/3 market adjustment to median, effective the first pay period following July 1, 2017. For these market adjustments, the City will use market data effective as of December 31, 2015. • The City shall maintain service retention steps of 2.5% of base for Dispatcher I, II and Lead at the beginning of 7th year and beginning of 10th year. • Utility System Operators will receive a 10% recruitment and retention pay increase the first full pay period following adoption of this agreement • Public Safety Dispatchers (I,II, and Lead) will receive a 10% recruitment and retention pay increase the first full pay period following adoption of this agreement. City of Palo Alto and SEIU Local 521 FINAL COPY dated March 16, 2016 December 1, 2015- December 31, 2018 For the Union ___ For the City ___ Page 84 of 108 • WQCP Operators and Senior Operators will receive a 5% recruitment and retention pay increase the first full pay period following adoption of this agreement. The Facilities Lead will receive a 1.33% increase to maintain a 7% differential. APPENDIX B. APPRENTICESHIPS Note: Employees hired into a Lineperson Apprenticeship position on or before April 11, 2016 will continue to progress through the Apprenticeship steps and into the Lineperson journey rate at the same intervals as existed before April 11, 2016 in the Apprenticeship Program. Substation Electrician, Street Light /Traffic Signal / Fiber Technician, Lineperson/Cable Splicer APPRENTICE: Upon completion, may lead to Journey level position. The Utilities Department has formalized the Apprenticeship programs in the Electric Section to develop journey level electricians/technicians and lineperson/cable splicers. The following are basic concepts/principles to be incorporated: 1. The administration and operation of the Apprenticeship programs will be managed by the Apprenticeship Committee, which will be selected by the Manager of Electric Operations and comprised of two (2) bargaining unit members designated by Local 521 and two (2) Utility Supervisors and the Manager of Electric Operations. The Manager of Electric Operations will maintain oversight of the program. The Apprenticeship Program will be subject to review and approval by the State of California Department of Industrial Relations Division of Apprenticeship Standards. 2. The journey level position will not be a promotional opportunity for anyone other than the apprentice under filling the position, as long as that apprentice is successfully progressing through the program. 3. Employees within Electric Operations, who qualify, will be given first consideration for the apprentice position prior to other City classifications or recruiting from outside the City. City of Palo Alto and SEIU Local 521 FINAL COPY dated March 16, 2016 December 1, 2015- December 31, 2018 For the Union ___ For the City ___ Page 85 of 108 4. A letter of agreement will be entered into by the apprentice and the City identifying the terms and conditions of the program. 5. The program will normally require eight thousand (8000) work hours (48 months) to complete for Lineperson Cable Splicer and six thousand (6000) work hours (36 months) for Substation Electrician, Street Light /Traffic Signal / Fiber Technician positions. 6. Normal progress through the program will be in periodic increments with formal evaluations. 7. Salary steps have been established to bridge the Electrical Assistant classification into the journey level classifications. The salary steps for the Substation Electrician, Street Light /Traffic Signal / Fiber Technician and Lineperson Cable Splicer apprenticeships are outlined in the State of California Department of Industrial Relations Division of Apprenticeship Standards. Employees hired into a Lineperson/Cable Splicer Apprenticeship position will be paid at step 1 of the Lineperson/Cable Splicer Apprentice step range. Upon completion of all course work requirements outlined in the apprentice syllabus, the employee will progress as follows: Month Step 1-12 1 13-18 2 19-24 3 25-36 4 36-48 5 Month Step Step Intervals 1-12 1 12 months 13-24 2 12 months 25-36 3 12 months 37-42 4 6 months 43-48 5 6 months Upon successful completion of the fourth year following commencement of the Apprenticeship, the employee will be reclassified/progressed to Lineperson / Cable splicer Journey Level and paid at the top step (step 5) of the journeyman rate. In any case, successful completion of the program and movement into the Lineperson Cable Splicer journey level classification will not transpire until the employee has fulfilled all of City of Palo Alto and SEIU Local 521 FINAL COPY dated March 16, 2016 December 1, 2015- December 31, 2018 For the Union ___ For the City ___ Page 86 of 108 the requirements outlined in the program content description and received the recommendation of the Apprenticeship Committee. Employees hired into a Substation Electrician or Street Light /Traffic Signal / Fiber Technician Apprenticeship position will be paid at step 1 of the Substation Electrician or Street Light /Traffic Signal / Fiber Technician step range. Upon completion of all coursework requirements outlined in the apprentice syllabus, the employee will progress as follows: Month Step 1-6 1 7-12 2 13-18 3 19-24 4 25-36 5 Upon successful completion of the Apprenticeship, the employee will be reclassified / progressed to Substation Electrician or Street Light /Traffic Signal / Fiber Technician Journey Level and paid at the fifth step (step 5) of the journeyman rate. In any case, successful completion of the program and movement into the Substation Electrician or Street Light /Traffic Signal / Fiber Technician journey Level classification will not transpire until the employee has fulfilled all of the requirements outlined in the program content description and received the recommendation of the Apprenticeship Committee. 8. Should an apprentice prove deficient in progressing through either the coursework or on-the-job training portion of an apprenticeship step, the apprentice shall not progress to the next higher step nor shall the apprentice receive the step increase in wages. The apprentice as described above may at the discretion of the appropriate Division Manager, be granted a three (3) month extension to eliminate the deficiency and be allowed to progress to the next higher step in the apprenticeship and receive the step increase in wages. *Note: A maximum of two (2) time extensions may be granted during the term of the apprenticeship. Any apprentice that is removed due to documented deficiency shall have their employment terminated. 9. The City and the Union agree to review or develop job descriptions to better reflect the qualification necessary to attract and retain successful candidates for this program. It is further agreed that the job descriptions will not warrant additional compensation. City of Palo Alto and SEIU Local 521 FINAL COPY dated March 16, 2016 December 1, 2015- December 31, 2018 For the Union ___ For the City ___ Page 87 of 108 10. Training will consist of on-the-job (OJT) and required training as outlined in the program, Training costs will be funded by departmental funds and employees will be compensated their normal wages while attending required training. Personal time spent in off-the-job training and/or study will not be compensated. 11. The apprentice will be under the continuing guidance of an appropriately qualified journey level person during OJT. Such journey level persons will be assigned by Management from among volunteers who will not receive additional compensation. 12. Qualifications/progress will be verified by appropriately kept records. 13. Unless specifically stated otherwise, regular City personnel policies and MOA provisions will apply to the apprenticeship program. 14. This program may become a conceptual model for apprenticeships in other divisions or departments. City of Palo Alto and SEIU Local 521 FINAL COPY dated March 16, 2016 December 1, 2015- December 31, 2018 For the Union ___ For the City ___ Page 88 of 108 APPENDIX C. DEPT/DIVISION CLASSIFICATION WORKDAY OR WORKWEEK VARIATION APPENDIX C. DEPT/DIVISION CLASSIFICATION WORKDAY OR WORKWEEK VARIATION ELECTRICIAN/LINEPERSON - LINEPERSON/CABLE SPLICER APPRENTICE: May lead to Electrician or Lineperson/Cable Splicer positions. The Utilities Department is proposing to formalize the Apprenticeship programs in the Electric Section to develop journey level electricians and lineperson/cable splicers. The following are basic concepts/principles to be incorporated: City of Palo Alto and SEIU Local 521 FINAL COPY dated March 16, 2016 December 1, 2015- December 31, 2018 For the Union ___ For the City ___ Page 89 of 108 1. The administration and operation of the Apprentice Lineperson/Cable Splicer program will be managed by the Apprenticeship Committee which will be selected by the Manager of Electric Operations and comprised of two (2) bargaining unit members designated by Local 521 and two (2) Managers and the Manager of Electric Operations. The Manager of Electric Operations will maintain oversight of the program. The Apprenticeship Program will be subject to review and approval by the State of California Department of Industrial Relations Division of Apprenticeship Standards. 2. The journey level position will not be a promotional opportunity for anyone other than the apprentice underfilling the position, as long as that apprentice is successfully progressing through the program. 3. Employees in Electric Operations who qualify will be given first consideration for the apprentice position prior to other City classifications or recruiting from outside the City. 4. A letter of agreement will be entered into by the apprentice and the City identifying the terms and conditions of the program. City of Palo Alto and SEIU Local 521 FINAL COPY dated March 16, 2016 December 1, 2015- December 31, 2018 For the Union ___ For the City ___ Page 90 of 108 5. The program will normally require forty-eight (48) months to complete. 6. Normal progress through the program will be in periodic increments with formal evaluations. 7. Salary steps have been established to bridge the Electrical Assistant classification into the journey level classification. Employees hired into an Apprenticeship position on or before July 1, 2012 will continue to progress through the Apprenticeship steps and into the Lineperson journey rate at the same intervals as existed before July 1, 2012 for other employees in the Apprenticeship Program. This will result in the employee achieving the top step (step 5) of the Lineperson rate after completion of 36 months of the Apprenticeship Program. However, such employees will continue in the Apprenticeship program through the successful completion of the fourth year of the program. City of Palo Alto and SEIU Local 521 FINAL COPY dated March 16, 2016 December 1, 2015- December 31, 2018 For the Union ___ For the City ___ Page 91 of 108 Employees hired into an Apprenticeship position after July 1, 2012 will be paid at step 1 of the Apprenticeship range through the first year of the Apprenticeship. At the end of the first year, the employee will progress to step 2. The next step will occur at 18 months after the commencement of the Apprenticeship; the next at 24 months; the next at 30 months; and the next at 36 months. Upon completion of the fourth year following commencement of the Apprenticeship, the employee will be paid at the top step (step 5) of the journey Lineperson wage. Successful completion of the program and movement into the Lineperson classification will not transpire until the employee has fulfilled all of the requirements outlined in the program content description and received the recommendation of the Apprenticeship Committee. 8. A process for initial selection and placement in the program will be established. The City and the Union agree to review or develop job descriptions to better reflect the qualification necessary to attract and retain successful candidates for this program. It is further agreed that the job descriptions will not warrant additional compensation. City of Palo Alto and SEIU Local 521 FINAL COPY dated March 16, 2016 December 1, 2015- December 31, 2018 For the Union ___ For the City ___ Page 92 of 108 9. A procedure for removing an unsuccessful apprentice from the program will be developed. 10. A task force including journey level persons will be assigned to determine the content and approach to specific elements of training. 11. Training will consist of on-the-job (OJT) and after hours elements (study and formal classes). Off-the-job training costs will be funded by tuition reimbursement and departmental funds. Personal time spent in off-the-job training will not be compensated. 12. The apprentice will be under the continuing guidance of an appropriately qualified journey level person during OJT. Such journey level persons will be assigned by Management from among volunteers and will receive no additional compensation. 13. Qualifications/progress will be verified by appropriately kept records. City of Palo Alto and SEIU Local 521 FINAL COPY dated March 16, 2016 December 1, 2015- December 31, 2018 For the Union ___ For the City ___ Page 93 of 108 14. Unless specifically stated otherwise, regular City personnel policies and MOA provisions will apply to the apprenticeship program. 15. This program may become a conceptual model for apprenticeships in other divisions or departments. City of Palo Alto and SEIU Local 521 FINAL COPY dated March 16, 2016 December 1, 2015- December 31, 2018 For the Union ___ For the City ___ Page 94 of 108 APPENDIX C. ALTERNATIVE 4/11 WORK SCHEDULE The City and Union have agreed to the following alternative work schedule for Public Safety Dispatchers: 1. The City agrees to maintain a minimum of 18 permanent dispatchers on paid status for this alternative 4/11 work schedule. If the Communications Unit falls below the minimum staffing levels for Communications for more than 120-days (4 months), the City and the Union will meet and confer over whether to continue the 4/11 schedule or revert to another schedule (such as 4/10) until such time as there are 18 permanent dispatchers on paid status. 2. The City agrees that in accordance with FLSA requirements the dispatchers will receive overtime for all hours worked outside of the regularly scheduled work hours of the 4/11 schedule. City of Palo Alto and SEIU Local 521 FINAL COPY dated March 16, 2016 December 1, 2015- December 31, 2018 For the Union ___ For the City ___ Page 95 of 108 City of Palo Alto and SEIU Local 521 FINAL COPY dated March 16, 2016 December 1, 2015- December 31, 2018 For the Union ___ For the City ___ Page 96 of 108 City of Palo Alto and SEIU Local 521 FINAL COPY dated March 16, 2016 December 1, 2015- December 31, 2018 For the Union ___ For the City ___ Page 97 of 108 APPENDIX D - DEPT/DIVISION CLASSIFICATION WORKDAY OR WORK WEEK VARIATION Section 1. Exceptions to Standard Workday or Work Week for SEIU Representation Unit: Community Services Arts & Culture Division Volunteer - Coordinator Each week (30 hours): 15 hours of unscheduled time; 15 hours of scheduled time Library Department Coordinator, Library Programs Librarian Senior Librarian Library Specialist Library Assistant Library Associate In a given workweek, staff may work three eight-hour days, one seven-hour day, and one nine-hour day. On a voluntary basis, staff may work five non-consecutive days within seven. Section 2. Rules Governing Flexible Work Hours. These rules and procedures are established pursuant to Article VI, Section 8, and are an application of Article VIII, Sections 1, 2, and 3 of the Memorandum of Agreement to the City of Palo Alto and SEIU Local 521 FINAL COPY dated March 16, 2016 December 1, 2015- December 31, 2018 For the Union ___ For the City ___ Page 98 of 108 classifications of Coordinator, Recreation Programs; Producer, Arts & Sciences Programs; Program Assistant; Theater Specialist, in the Recreation and Arts & Culture Sciences Divisions of the Community Services Department, and the classifications of Associate Planner, Building Planning Technician, CDBG Coordinator, Engineer, Executive Secretary, Office Specialist, Planner, and Senior Planner and Staff Secretary in the Planning and Community Environment Department. a) Flexible Work Schedule 1. Employees in the covered classification shall be permitted to arrange flexible work schedules with division approval, providing that such schedules shall include forty (40) hours per week. 2. Standard daily office hours shall are typically be Monday through Friday, between the hours of 8:00 a.m. and 6:00 p.m. as determined by the Department. Flexible hours may occur for supervision of, and/or attendance at, evening programs, meetings, weekend events, or other programs. 1.b) Overtime 1. Emergency call-out work shall be defined as overtime work and compensated per standard City practices. 2. If the need arises for overtime work due to an unusual circumstance calling for extra hours or due to a special event, compensation shall be allowed with prior approval of the Director of Recreation, Director of Arts and CultureSciences, or the Director of Planning and Community Environment, and shall be compensated for, as spelled out in the Memorandum of Agreement. Section 3. 2080 Plan a) Either the Union or the City may withdraw from the Plan by giving the other party 30 calendar days written notice. In the event of termination of the plan, the covered classifications will return to an 8-hour or other authorized workday as provided under Article VIII, Section 1, of this Memorandum of Agreement. City of Palo Alto and SEIU Local 521 FINAL COPY dated March 16, 2016 December 1, 2015- December 31, 2018 For the Union ___ For the City ___ Page 99 of 108 b) Provisions of the 2080 Plan are as follows. To the extent that these provisions are in conflict with other provisions of the Memorandum of Agreement, these provisions will prevail. c) The 2080 Plan or “12 hours per Shift Schedule” is an authorized work schedule for the Electric System OperatorsUtility Systems Operators and Water Quality Control Plant Operators. 2080 Plan Under this 2080 Plan, each employee's hours of work per year may not exceed 2,240. For scheduling purposes, and subject to the Merit System Rules and Regulations, the employee will be guaranteed not less than 2080 hours per year, or no less than 52 weeks at the normal number of hours worked per week. Any employee covered by the Plan who works up to 2,080 hours per year is compensated for all hours worked at the agreed upon rate. The City must pay overtime for all hours worked in excess of 12 in any workday, 56 hours in any work week, or 2080 hours in 52 weeks as the case may be. The rate of overtime will be at time and one-half the employee's regular rate of pay (or current contract overtime rate, if different). Shift Schedule The shift schedules combined must provide full 24-hour, seven (7) days per week coverage for the Utility Control Center and Water Quality Control Plan. The shift schedule shall be a rotating schedule. The Electric System OperatorsUtility Systems Operators’ shift schedule will reach the equivalent of 40 hours per week in five weeks. The 12-hour shifts begin at 7:00 a.m. and 7:00 p.m. The Relief shift shall begin at 7:00 a.m. and end at 3:00 p.m. with lunch taken while working. The shift schedule shall be rotating schedule. The Water Quality Control Plant Operators’ shift schedule will reach the equivalent of 40 hours per week in two weeks. There will be four 12-hour shifts that begin at 6:00 a.m. and 6:00 p.m. The fifth shift will be a 4/10 shift that begins at 6 a.m. on three days, and at noon on the fourth day. Pay Period Pay periods and workweek for the System Operations will begin Sunday at 7:01 a.m. Pay periods and workweek for the Water Quality Control Plan Operators will begin Saturday at 6:01 a.m. Wages Wages will be based on the City of Palo Alto Compensation Plan, which may vary from time to time as mutually agreed upon. Overtime City of Palo Alto and SEIU Local 521 FINAL COPY dated March 16, 2016 December 1, 2015- December 31, 2018 For the Union ___ For the City ___ Page 100 of 108 Under the 2080 Plan, the City will pay overtime for all hours worked in excess of 12 in any workday, 56 in any work week, or 2080 in 52 weeks, as the case may be. Overtime will also be paid for hours worked when an employee is called in to work other than their regularly-scheduled shift. The overtime rate of pay will be one and one-half times (or current contract overtime rate, if different) of the employee's regular rate of pay. All overtime worked will be paid to the employee. No compensatory time off for overtime will be allowed with the exception of Water Quality Control Operations. Relief Employees This provision only applies to the Electric System OperatorsUtility Systems Operators. The five Operators share the relief week evenly as they rotate through the five week cycle. Relief employee(s) will be used within the 12-hours shift schedule only when relieving for the System Operators on shift. When not relieving, they will work four eight-hour shifts. When a vacation relief week results in a 36-hour or 48-hour week, the operator working said week shall be paid at one and one-half (1½) time their normal rate of pay for hours that exceed thirty two (32) hours. Relief Duties This provision only applies to the Electric System OperatorsUtility Systems Operators. An employee who is scheduled to perform relief duties shall be available for duty in revolving shifts on any day of the week and may be assigned for relief in any shift without advance notice. Relief employees will be paid standby pay during their relief week. Standby This provision only applies to the Electric System OperatorsUtility Systems Operators. An employee who is on relief duties is covering standby, and will be compensated according to Article VIII, Section 7 (a) of the Memorandum of Agreement. If the relief employee is on vacation or otherwise unavailable for relief duties, the employee(s) on their three or four-day off period will be first on standby. Management reserves the right to utilize Management personnel as Operators on a short-term, as needed basis, if no Operator is available. Filling Vacant Positions If the City elects to fill a vacancy other than by reassignment of the shift or the utilization of prior or succeeding shift personnel, the following procedure shall be used: City of Palo Alto and SEIU Local 521 FINAL COPY dated March 16, 2016 December 1, 2015- December 31, 2018 For the Union ___ For the City ___ Page 101 of 108 Employees will be called according to their position on the Pre-arranged Overtime List (POL), with the person with the lowest balance being the first one called. The purpose of the POL is to fairly distribute the available opportunities. If an employee turns down the overtime, that amount will be added to the employee's POL balance. If an employee cannot be contacted for such assignment, the employee will not have any overtime added to their POL account balance. Shift Changes Shift changes caused by scheduled time off or sick leave will not be considered an official change in shift. Maximum Hours Worked No employee shall work more than 18 consecutive hours. Rest Period In a 12-hour workday, employees are entitled to a rest period of 8 consecutive hours after working 6 hours overtime during the 12 hours immediately before the regularly scheduled hours of work on a workday or non-workday. Holidays Employees who begin their day or night shift on an observed holiday will receive overtime premium in accordance with Article X, Section 3 of the Memorandum of Agreement. Employees who work a schedule where a regular day off falls on a holiday will be paid for the hours they would have normally worked on that day. Employees working for Water Quality Control Operations may accrue holiday time convertible to vacation. Sick Leave Sick leave will be earned as indicated in Article XII, Section 1(a) of this MOA, and shall be charged in increments of one hour. Floating Days Off Floating holidays will be made available to eligible employees and used pursuant to Article X, Section 5. Vacation An employee's total entitlement will be converted to hours (eight hours = one day). A workday will consist of 12 hours, and employees taking vacation will be charged 12 hours of use. Two week notification is required for any scheduled time off. Only one person at a time may be scheduled off. City of Palo Alto and SEIU Local 521 FINAL COPY dated March 16, 2016 December 1, 2015- December 31, 2018 For the Union ___ For the City ___ Page 102 of 108 It is the intention of the City that vacation be taken in units of one work week; however, with approval of his/her supervisor, an employee may use his/her accrued vacation in units of less than one work week. Meals Shift employees shall be permitted to eat their meals during work hours and shall not be allowed additional time, therefore at City expense. Shift Premium Shift premium will be handled in accordance with the current Memorandum of Agreement between the City and the Union, Article VIII, Section 8. Jury Duty Time off for jury duty which occurs on a regularly scheduled workday will result in the employee being credited with up to 12 hours worked, for pay purposes. Employees called for jury duty who are working the evening portion of the 12-hour schedule will be placed, for payroll and scheduling purposes, on the day shift for each scheduled day such employee is required to report for jury duty, and will not be required to work the evening 12-hour shift before or after being required to report for jury duty. However, such employee shall return to work on the day shift upon being released from such duty if there are at least four hours remaining prior to the end of the day shift. All other provisions of Article XII, Section 5, of the current Memorandum of Agreement shall apply. APPENDIX DE. IN-LIEU PREMIUMS 1. For employees in the following operations assigned to work schedules other than Monday through Friday, the calendar day will be considered the holiday for premium pay of in-lieu scheduling purposes: Communications Water Quality Control Animal Control Golf Course Utilities Services Landfill Open Space City of Palo Alto and SEIU Local 521 FINAL COPY dated March 16, 2016 December 1, 2015- December 31, 2018 For the Union ___ For the City ___ Page 103 of 108 Electric System Operator 2.c) If December 24 and 31 fall on Sunday, then the preceding Friday will be designated for purposes of excused time off, except in the case of Community Services staff who may be scheduled to work on Saturday, in which case Saturday will be designated for purposes of excused time off. For Open Space and Library personnel, designation of excused time off will be based on Park and Library schedules and employee preference. City of Palo Alto and SEIU Local 521 FINAL COPY dated March 16, 2016 December 1, 2015- December 31, 2018 For the Union ___ For the City ___ Page 104 of 108 APPENDIX EF. COMMUNICATIONS DIVISION PROMOTIONS 1. Promotional opportunities within the Communications Division will be carried out in compliance with procedures set forth in Article VI, Section 5, of the Memorandum of Agreement between the City and SEIU Local 521, except that: a. In sub-paragraph (e) of Article VI, Section 5, the term "seniority" shall be defined as Ddivision Sseniority. b. Division seniority will be calculated from an employee's first day of employment in the division, minus any unpaid leave. • Division Seniority, for the purposes of shift scheduling, vacation scheduling and promotional opportunities will be calculated from an employee’s first day of employment in the division. Any unpaid leave that is not protected under FMLA or CFRA will not count as service days towards seniority, unpaid furlough, and unpaid closure time. Other areas of seniority not mentioned in this article will follow Article 6, Section 5, e “Seniority” of the Memorandum of Agreement between SEIU 521 and the City of Palo Alto. City of Palo Alto and SEIU Local 521 FINAL COPY dated March 16, 2016 December 1, 2015- December 31, 2018 For the Union ___ For the City ___ Page 105 of 108 APPENDIX FG. RECOVERY OF CITY TRAINING COSTS APPENDIX F. RECOVERY OF CITY TRAINING COSTS In recognition of the extended training provided to affected employees, the Parties agree that the City may recover up to thirty percent (30%) of its cost for training employees, hired on or after July 1, 2012, in all Utilities Apprentice classifications and in the Park Ranger Apprentice classifications if the employee voluntarily terminates from the City or abandons his or her City employment before completing three years of City service in the Journeyman classification or Park Ranger classification. The amount recovered shall reasonably reflect the City’s cost for the training, but will exclude all wage or benefit costs, and will be prorated to reflect the portion of the thirty-six (36) month post-training service period remaining at the time of the employee’s termination. As of July 1, 2015 thirty percent (30%) of the City’s average cost for training employees in: • Lineperson/Cable Splicer Apprenticeship Program is $5600.00 • For the Field Service Representative, the City’s two year training cost is $ 6,000 • For Substation Electrician Apprenticeship Program is $4800.00 • For Street Lighting / Traffic Signals / fiber Apprentice program is: $1800.00 • For Park Ranger, the City’s two-year training cost is:$6,300 The employee will be required to sign an agreement providing for reimbursement to the City as provided above on the form attached hereto as Appendix H. APPENDIX G. SIDE LETTER REGARDING – RECOVERY OF CITY TRAINING COSTS In recognition of the extended training provided to affected employees, the Parties agree that the City may recover up to thirty percent (30%) of its cost for training employees, hired on or after July 1, 2012, in the Field Services Representative and City of Palo Alto and SEIU Local 521 FINAL COPY dated March 16, 2016 December 1, 2015- December 31, 2018 For the Union ___ For the City ___ Page 106 of 108 Lineperson/Cable Splicer Apprentice classifications if the employee voluntarily terminates from the City or abandons his or her City employment before completing three years of City service in the Field Services Representative or Lineperson/Cable Splicer classification. The amount recovered shall reasonably reflect the City’s cost for the training, but will exclude all wage or benefit costs, and will be prorated to reflect the portion of the thirty-six (36) month post-training service period remaining at the time of the employee’s termination. As of July 1, 2012 thirty percent (30%) of the City’s cost for training employees in the Lineperson/Cable Splicer Apprenticeship Program was $30,000 for the three years of the pre-existing three year program. For the Field Service Representative, thirty percent (30%) of the City’s two year training cost was $5,550. The employee will be required to sign an agreement providing for reimbursement to the City as provided above on the form attached hereto as Appendix H. APPENDIX H. RECOVERY OF TRAINING INVESTMENT AGREEMENT APPENDIX GH. RECOVERY OF TRAINING INVESTMENT AGREEMENT This Agreement is entered into between ___________ (“Employee”) and the City of Palo Alto (the “City”), as authorized by the Memorandum of Agreement between the City and SEIU Local 521. RECITALS A. The purpose of this Agreement is to limit the City’s risk that it will invest substantial sums in the Employee’s training but potentially lose the value of that training if the employee terminates without rendering substantial journey level service to the City after training. City of Palo Alto and SEIU Local 521 FINAL COPY dated March 16, 2016 December 1, 2015- December 31, 2018 For the Union ___ For the City ___ Page 107 of 108 B. The City may require reimbursement from Employee of thirty percent (30%) of the total training cost for _______position, subject to abatement when specified service requirements are met. C. On or about (date) City extended to Employee a conditional offer of employment in the position of _________(position), subject to Employee’s agreement to complete the training necessary to perform the duties of _______ (position), under the terms of the training program. The ______(position) requires [description of training], which as of July 1, 20152 cost the City approximately $ over the course of the training. D. This agreement sets forth the Employee’s agreement to reimburse the City for the City’s investment in the Employee’s training if the employee voluntarily terminates from the City prior to the completion of thirty-six months of service following successful completion of the training. THEREFORE, the Parties agree to the terms set forth below: By signing this agreement, the Employee understands that s/he is bound by agrees to the following terms: 1. ____________________________________ (hereafter “Employee”) agrees that in training Employee for the position of _________________________________________, the City of Palo Alto (hereafter “City”) incurs a total cost of $___________. 2. Employee agrees that amounts recoverable under this agreement do not include Employee wage or benefit costs. 3. Employee agrees that in the event he/she voluntarily terminates or abandons his or her employment from the City prior to the completion of thirty-six (36) months of service following the successful completion of his or her apprenticeship, he/she will repay the City for the cost of training noted above, prorated to reflect the months of service the Employee has completed following successful completion of their training. Employee agrees that for the purpose of this agreement, “time of service” shall begin on the date following the successful completion of the Employee’s training. 4. Employee agrees that the aggregate amount of repayment due will be determined based upon the attached proration table. City of Palo Alto and SEIU Local 521 FINAL COPY dated March 16, 2016 December 1, 2015- December 31, 2018 For the Union ___ For the City ___ Page 108 of 108 5. Employee agrees that repayment shall be due and made in equal monthly installments over the twelve (12) months immediately following termination, on the first of each such month. 6. If Employee does not fully reimburse the City for the amounts due when due, the entire aggregate amount owed will become immediately due, the employee will be deemed in default on this agreement and the City may initiate legal proceedings to collect said amounts. Employee will be responsible for all reasonable collection costs and attorney fees incurred by the City in undertaking such proceedings. The City may elect to forbear taking such action to allow Employee the opportunity to become current on the debt. Such forbearance will not alter the Employee’s default status or adversely affecting the City’s right to later initiate proceedings for recovery pursuant to this Agreement. 7. This agreement shall be effective on the date listed below. DATED: ___________________ ______________________________________ Employee ______________________________________ **Title**, City of Palo Alto APPENDIX A-1 to MOA Between City of Palo Alto and SEIU Summary of Market Adjustments and Salary Increases Benchmark Title (Bold) Job Family Positions (not bold) Market Survey Results Base + Cash + Ins TOTAL City Proposed Market Adj. 1st PP Following Adoption TOTAL City proposed Salary & Market Adjustment 1PP following Dec. 1, 2016 FINAL TOTAL Market Adjustment 1PP follwing July 1st, 2017 TOTAL City proposed Salary 1PP following Dec. 1, 2017 CITY Proposed Total (over contract term) Accounting Specialist -0.9%1.50%3.00%0.00%3.00%7.50% ACCT SPEC 1.50%3.00%0.00%3.00%7.50% ACCOUNTANT 1.50%3.00%0.00%3.00%7.50% ACCT ASSISTANT 1.50%3.00%0.00%3.00%7.50% ACCT SPEC-LEAD 1.50%3.00%0.00%3.00%7.50% PAYROLL ANALYST 1.50%3.00%0.00%3.00%7.50% PAYROLL ANALYST - S 1.50%3.00%0.00%3.00%7.50% UTIL ACCTG TECH 1.50%3.00%0.00%3.00%7.50% UTIL CREDIT/COL SPEC 1.50%3.00%0.00%3.00%7.50% Administrative Associate II (Staff Sec)-1.9%1.63%3.13%0.13%3.00%7.90% ADMIN ASSOC II 1.63%3.13%0.13%3.00%7.90% ADMIN ASSOC I 1.63%3.13%0.13%3.00%7.90% ADMIN ASSOC III 1.63%3.13%0.13%3.00%7.90% MAILING SVCS SPEC 1.63%3.13%0.13%3.00%7.90% OFFSET EQUIP OPERATOR 1.63%3.13%0.13%3.00%7.90% MANAGEMENT ASST 1.63%3.13%0.13%3.00%7.90% MANAGEMENT ASST - S 1.63%3.13%0.13%3.00%7.90% PROGRAM ASSISTANT 1.63%3.13%0.13%3.00%7.90% PROGRAM ASSISTANT I 1.63%3.13%0.13%3.00%7.90% PROGRAM ASSISTANT II 1.63%3.13%0.13%3.00%7.90% EMS DATA SPECIALIST 1.63%3.13%0.13%3.00%7.90% Animal Control Officer -2.4%1.80%3.30%0.30%3.00%8.40% ANIMAL CONTROL OFF 1.80%3.30%0.30%3.00%8.40% ANIMAL CONTROL OFF - L 1.80%3.30%0.30%3.00%8.40% ANIMAL ATTENDANT 1.80%3.30%0.30%3.00%8.40% ANIMAL SERVICE SPEC 1.80%3.30%0.30%3.00%8.40% ANIMAL SERVICES SPEC II 1.80%3.30%0.30%3.00%8.40% VETERINARIAN TECH 1.80%3.30%0.30%3.00%8.40% Associate Engineer -2.9%1.97%3.47%0.47%3.00%8.90% ASSOC ENGINEER 1.97%3.47%0.47%3.00%8.90% ASSOC POWER ENGR 1.97%3.47%0.47%3.00%8.90% ASST ENGINEER 1.97%3.47%0.47%3.00%8.90% ASST POWER ENGR 1.97%3.47%0.47%3.00%8.90% ENGINEER 1.97%3.47%0.47%3.00%8.90% MARKETING ENG 1.97%3.47%0.47%3.00%8.90% POWER ENGR 1.97%3.47%0.47%3.00%8.90% PLANS CHECK ENGR 1.97%3.47%0.47%3.00%8.90% UTIL ENGR ESTIMATOR 1.97%3.47%0.47%3.00%8.90% UTIL ENGR ESTIMATOR - L 1.97%3.47%0.47%3.00%8.90% PROJECT ENGINEER 1.97%3.47%0.47%3.00%8.90% PROJECT ENGINEER -S 1.97%3.47%0.47%3.00%8.90% ELECTRIC PROJECT ENGINEER 1.97%3.47%0.47%3.00%8.90% ELECTRIC PROJECT ENGINEER -S 1.97%3.47%0.47%3.00%8.90% TRAFFIC ENGINEERING LEAD 1.97%3.47%0.47%3.00%8.90% 1 APPENDIX A-1 to MOA Between City of Palo Alto and SEIU Summary of Market Adjustments and Salary Increases Benchmark Title (Bold) Job Family Positions (not bold) Market Survey Results Base + Cash + Ins TOTAL City Proposed Market Adj. 1st PP Following Adoption TOTAL City proposed Salary & Market Adjustment 1PP following Dec. 1, 2016 FINAL TOTAL Market Adjustment 1PP follwing July 1st, 2017 TOTAL City proposed Salary 1PP following Dec. 1, 2017 CITY Proposed Total (over contract term) Building Inspector -6.2%3.07%4.57%1.57%3.00%12.20% BLDG INSPECTOR 3.07%4.57%1.57%3.00%12.20% DEVELOPMENT PROJECT COOD I 3.07%4.57%1.57%3.00%12.20% DEVELOPMENT PROJECT COOD II 3.07%4.57%1.57%3.00%12.20% DEVELOPMENT PROJECT COOD III 3.07%4.57%1.57%3.00%12.20% PLANNING ARBORIST 3.07%4.57%1.57%3.00%12.20% PLANNING ARBORIST - S 3.07%4.57%1.57%3.00%12.20% PLANS EXAMINER 3.07%4.57%1.57%3.00%12.20% BLDG INSPECTOR SPEC 3.07%4.57%1.57%3.00%12.20% CHF ELEC UNDG INSPEC 3.07%4.57%1.57%3.00%12.20% CHF INSPEC WGW 3.07%4.57%1.57%3.00%12.20% CODE ENFORCEMENT OFF 3.07%4.57%1.57%3.00%12.20% CODE ENFORCEMENT OFF-L 3.07%4.57%1.57%3.00%12.20% ELEC UNDG INSPEC - L 3.07%4.57%1.57%3.00%12.20% ELEC UNDGD INSPEC 3.07%4.57%1.57%3.00%12.20% SURVEYING ASST 3.07%4.57%1.57%3.00%12.20% SURVEYOR, PUBLIC WORKS 3.07%4.57%1.57%3.00%12.20% INSPECTOR, FIELD SVC 3.07%4.57%1.57%3.00%12.20% Building Service Person -4.9%2.63%4.13%1.13%3.00%10.90% BLDG SERVICEPERSON 2.63%4.13%1.13%3.00%10.90% BLDG SERVICEPERSON-L 2.63%4.13%1.13%3.00%10.90% EQUIP MAINT SERV PER 2.63%4.13%1.13%3.00%10.90% Buyer -1.6%1.53%3.03%0.03%3.00%7.60% BUYER 1.53%3.03%0.03%3.00%7.60% ASSOC BUYER 1.53%3.03%0.03%3.00%7.60% SR BUYER 1.53%3.03%0.03%3.00%7.60% SR BUYER - S 1.53%3.03%0.03%3.00%7.60% Chemist -1.7%1.57%3.07%0.07%3.00%7.70% CHEMIST 1.57%3.07%0.07%3.00%7.70% LAB TECH WQC 1.57%3.07%0.07%3.00%7.70% SR CHEMIST 1.57%3.07%0.07%3.00%7.70% Communications Technician 3.8%1.50%3.00%0.00%3.00%7.50% COMM TECH 1.50%3.00%0.00%3.00%7.50% Community Services Officer -6.8%3.27%4.77%1.77%3.00%12.80% COMMUNITY SERV OFFCR 3.27%4.77%1.77%3.00%12.80% COMMUNITY SERV OFFCR - L 3.27%4.77%1.77%3.00%12.80% COURT LIAISON OFFICE 3.27%4.77%1.77%3.00%12.80% CRIME ANALYST 3.27%4.77%1.77%3.00%12.80% PROPERTY EVID TECH 3.27%4.77%1.77%3.00%12.80% POL REC SPEC - L 3.27%4.77%1.77%3.00%12.80% POL REC SPEC I 3.27%4.77%1.77%3.00%12.80% POL REC SPEC II 3.27%4.77%1.77%3.00%12.80% PARKING OPERATIONS - L 3.27%4.77%1.77%3.00%12.80% 2 APPENDIX A-1 to MOA Between City of Palo Alto and SEIU Summary of Market Adjustments and Salary Increases Benchmark Title (Bold) Job Family Positions (not bold) Market Survey Results Base + Cash + Ins TOTAL City Proposed Market Adj. 1st PP Following Adoption TOTAL City proposed Salary & Market Adjustment 1PP following Dec. 1, 2016 FINAL TOTAL Market Adjustment 1PP follwing July 1st, 2017 TOTAL City proposed Salary 1PP following Dec. 1, 2017 CITY Proposed Total (over contract term) Coord, Recreation Programs -4.2%2.40%3.90%0.90%3.00%10.20% COORD REC PROG 2.40%3.90%0.90%3.00%10.20% COORD PW PROJ 2.40%3.90%0.90%3.00%10.20% COORD TRANS SYS MGMT 2.40%3.90%0.90%3.00%10.20% COORD TRANS SYS MGMT - S 2.40%3.90%0.90%3.00%10.20% COORD UTIL PROJ 2.40%3.90%0.90%3.00%10.20% COORD UTIL PROJ - S 2.40%3.90%0.90%3.00%10.20% COORD UTIL SAF & SEC 2.40%3.90%0.90%3.00%10.20% COORD UTIL SAF & SEC - S 2.40%3.90%0.90%3.00%10.20% COORD ZERO WASTE 2.40%3.90%0.90%3.00%10.20% JR MUSEUM & ZOO EDUCATOR 2.40%3.90%0.90%3.00%10.20% PROD ARTS/SCI PROG 2.40%3.90%0.90%3.00%10.20% PROG COORD 2.40%3.90%0.90%3.00%10.20% THEATER SPECIALIST 2.40%3.90%0.90%3.00%10.20% VOLUNTEER COORD 2.40%3.90%0.90%3.00%10.20% Customer Service Representative -1.3%1.50%3.00%0.00%3.00%7.50% CUST SVC REPRESENT 1.50%3.00%0.00%3.00%7.50% CUST SVC SPEC 1.50%3.00%0.00%3.00%7.50% CUST SVC SPEC - LEAD 1.50%3.00%0.00%3.00%7.50% UTIL ACCT REP UTL MARKETING PROGRAM ADMIN 1.50%3.00%0.00%3.00%7.50% UTIL KEY ACCT REP 1.50%3.00%0.00%3.00%7.50% ASSOC BUYER 1.50%3.00%0.00%3.00%7.50% Desktop Technician 2.1%1.50%3.00%0.00%3.00%7.50% DESKTOP TECHNICIAN 1.50%3.00%0.00%3.00%7.50% Electrician -4.8%2.60%4.10%1.10%3.00%10.80% ELECTRICIAN 2.60%4.10%1.10%3.00%10.80% ELECTRICIAN-APPREN 2.60%4.10%1.10%3.00%10.80% ELECTRICIAN-LEAD 2.60%4.10%1.10%3.00%10.80% FACILITIES ELECT 2.60%4.10%1.10%3.00%10.80% INSTRUM ELEC 2.60%4.10%1.10%3.00%10.80% SR INSTRUM ELEC 2.60%4.10%1.10%3.00%10.80% SYSTEM OPERATOR/SCHEDULER 2.60%4.10%1.10%3.00%10.80% ELEC ASST I 2.60%4.10%1.10%3.00%10.80% Emergency Medical Services Data Specialist 2.60%4.10%1.10%3.00%10.80% Engineering Technician II -5.9%2.97%4.47%1.47%3.00%11.90% ENGR TECH II 2.97%4.47%1.47%3.00%11.90% ENGR TECH I 2.97%4.47%1.47%3.00%11.90% ENGR TECH III 2.97%4.47%1.47%3.00%11.90% LANDFILL TECHNICIAN 2.97%4.47%1.47%3.00%11.90% Environmental Specialist Ind Waste Investigator -5.8%2.93%4.43%1.43%3.00%11.80% IND WASTE INVTGTR 2.93%4.43%1.43%3.00%11.80% ENVIRONMENTAL SPEC 2.93%4.43%1.43%3.00%11.80% IND WASTE INSPEC 2.93%4.43%1.43%3.00%11.80% IND WASTE TECHNICIAN 2.93%4.43%1.43%3.00%11.80% SR INDUSTRIAL WASTE INVESTIGATOR 2.93%4.43%1.43%3.00%11.80% SR IND WASTE INSPECT 2.93%4.43%1.43%3.00%11.80% 3 APPENDIX A-1 to MOA Between City of Palo Alto and SEIU Summary of Market Adjustments and Salary Increases Benchmark Title (Bold) Job Family Positions (not bold) Market Survey Results Base + Cash + Ins TOTAL City Proposed Market Adj. 1st PP Following Adoption TOTAL City proposed Salary & Market Adjustment 1PP following Dec. 1, 2016 FINAL TOTAL Market Adjustment 1PP follwing July 1st, 2017 TOTAL City proposed Salary 1PP following Dec. 1, 2017 CITY Proposed Total (over contract term) Equipment Operator -9.3%4.10%5.60%2.60%3.00%15.30% EQUIP OPERATOR 4.10%5.60%2.60%3.00%15.30% EQUIP OPERATOR-LEAD 4.10%5.60%2.60%3.00%15.30% HEAVY EQUIP OPER 4.10%5.60%2.60%3.00%15.30% HEAVY EQUIP OPER-L 4.10%5.60%2.60%3.00%15.30% STREET SWEEPER OP 4.10%5.60%2.60%3.00%15.30% STREET SWEEPER OP-LEAD 4.10%5.60%2.60%3.00%15.30% Facilities Maintenance Lead Facilities Technician -9.8%4.27%5.77%2.77%3.00%15.80% FACILITIES MECH 4.27%5.77%2.77%3.00%15.80% FACILITIES MAINT-L 4.27%5.77%2.77%3.00%17.13% CEMENT FINISHER 4.27%5.77%2.77%3.00%15.80% CEMENT FINISHER-LEAD 4.27%5.77%2.77%3.00%15.80% FACILITIES ASST 4.27%5.77%2.77%3.00%15.80% FACILITIES CARPENTER 4.27%5.77%2.77%3.00%15.80% FACILITIES PAINTER 4.27%5.77%2.77%3.00%15.80% MAINT. MECHANIC-WELDING 4.27%5.77%2.77%3.00%15.80% Library Specialist -0.6%1.50%3.00%0.00%3.00%7.50% LIBRARY SPECIALIST 1.50%3.00%0.00%3.00%7.50% LIBRARY ASSOCIATE 1.50%3.00%0.00%3.00%7.50% LIBRARY ASST 1.50%3.00%0.00%3.00%7.50% Lineperson Cable/Splicer -6.1%3.03%4.53%1.53%3.00%12.10% ELECTRIC METERING TECHNICIAN 3.03%4.53%1.53%3.00%12.10% ELECTRIC METERING TECHNICIAN-L 3.03%4.53%1.53%3.00%12.10% LINEPER/CABLE SPL 3.03%4.53%1.53%3.00%12.10% LINEPER/CABLE SPL-L 3.03%4.53%1.53%3.00%12.10% LINEPER/CABLE SPL-T 3.03%4.53%1.53%3.00%12.10% LINEPER/CABLE SPL-TL 3.03%4.53%1.53%3.00%12.10% STREET LIGHT TRAFFIC SIGNAL FIBER TECHNICIAN 3.03%4.53%1.53%3.00%12.10% STREET LIGHT TRAFFIC SIGNAL FIBER TECHNICIAN-APPRENTICE 3.03%4.53%1.53%3.00%12.10% STREET LIGHT TRAFFIC SIGNAL FIBER TECHNICIAN-L 3.03%4.53%1.53%3.00%12.10% SUBSTATION ELECTRICIAN 3.03%4.53%1.53%3.00%12.10% SUBSTATION ELECTRICIAN - L 3.03%4.53%1.53%3.00%12.10% SUBSTATION ELECTRICIAN - APPRENTICE 3.03%4.53%1.53%3.00%12.10% LNPER/CBL SPL-APPREN 3.03%4.53%1.53%3.00%12.10% UTIL COMPLIANCE TECH 3.03%4.53%1.53%3.00%12.10% UTIL COMPLIANCE TECH - L 3.03%4.53%1.53%3.00%12.10% OVRH UNDERGR TROUBLEMN 3.03%4.53%1.53%3.00%12.10% **UTIL SYST OPER 13.03%4.53%1.53%3.00%22.10% Maintenance Mechanic Water Meter Repairer -6.3%3.10%4.60%1.60%3.00%12.30% WATER METER REPAIR 3.10%4.60%1.60%3.00%12.30% METER SHOP LEAD 3.10%4.60%1.60%3.00%12.30% WATER METER REP ASST 3.10%4.60%1.60%3.00%12.30% WTR MTR CRS CN TEC 3.10%4.60%1.60%3.00%12.30% Meter Reader -2.0%1.67%3.17%0.17%3.00%8.00% METER READER 1.67%3.17%0.17%3.00%8.00% METER READER-LEAD 1.67%3.17%0.17%3.00%8.00% Motorized Equipment Mechanic 4.0%1.50%3.00%0.00%3.00%7.50% MOTOR EQUIP MECH I 1.50%3.00%0.00%3.00%7.50% MOTOR EQUIP MECH II 1.50%3.00%0.00%3.00%7.50% MOTOR EQUIP MECH-L 1.50%3.00%0.00%3.00%7.50% MOBILE SERVICE TECH 1.50%3.00%0.00%3.00%7.50% 4 APPENDIX A-1 to MOA Between City of Palo Alto and SEIU Summary of Market Adjustments and Salary Increases Benchmark Title (Bold) Job Family Positions (not bold) Market Survey Results Base + Cash + Ins TOTAL City Proposed Market Adj. 1st PP Following Adoption TOTAL City proposed Salary & Market Adjustment 1PP following Dec. 1, 2016 FINAL TOTAL Market Adjustment 1PP follwing July 1st, 2017 TOTAL City proposed Salary 1PP following Dec. 1, 2017 CITY Proposed Total (over contract term) Park Maintenance Person -2.4%1.80%3.30%0.30%3.00%8.40% PARK MAINT PERSON 1.80%3.30%0.30%3.00%8.40% PARK MAINT - L 1.80%3.30%0.30%3.00%8.40% PARKS / GOLFCREW-LEAD 1.80%3.30%0.30%3.00%8.40% SPRINKLER SYS REPR 1.80%3.30%0.30%3.00%8.40% Park Ranger 1.50%3.00%0.00%3.00%7.50% PARK RANGER 1.50%3.00%0.00%3.00%7.50% SR RANGER 1.50%3.00%0.00%3.00%7.50% Parking Enforcement Officer N/A 1.50%3.00%0.00%3.00%7.50% PARKING ENFORCEMENT OFFICER 1.50%3.00%0.00%3.00%7.50% PARKING ENFORCEMENT OFFICER-L 1.50%3.00%0.00%3.00%7.50% Planner -3.6%2.20%3.70%0.70%3.00%9.60% PLANNER 2.20%3.70%0.70%3.00%9.60% ASSOCIATE PLANNER 2.20%3.70%0.70%3.00%9.60% SR PLANNER 2.20%3.70%0.70%3.00%9.60% CDBG COORD 2.20%3.70%0.70%3.00%9.60% BLDG/PLG TECHNICIAN 2.20%3.70%0.70%3.00%9.60% Programmer Analyst -9.7%4.23%5.73%2.73%3.00%15.70% Property Evidence Technician 4.23%5.73%2.73%3.00%15.70% PROG ANALYST 4.23%5.73%2.73%3.00%15.70% BUSINESS ANALYST 4.23%5.73%2.73%3.00%15.70% BUSINESS ANALYST - S 4.23%5.73%2.73%3.00%15.70% SR PROG ANALYST 4.23%5.73%2.73%3.00%15.70% GIS SPECIALIST 4.23%5.73%2.73%3.00%15.70% SCADA TECHNOLOGIST 4.23%5.73%2.73%3.00%15.70% TECHNOLOGIST 4.23%5.73%2.73%3.00%15.70% TECHNOLOGIST - S 4.23%5.73%2.73%3.00%15.70% Public Safety Dispatcher II 4.3%11.50%3.00%0.00%3.00%17.50% **PUB SAFETY DISP II 11.50%3.00%0.00%3.00%17.50% **PUB SAFETY DISP I 11.50%3.00%0.00%3.00%17.50% **PUB SAFETY DISP - L 11.50%3.00%0.00%3.00%17.50% PUB SAFETY DISP-FLEX 1.50%3.00%0.00%3.00%7.50% Resource Planner 1.50%3.00%0.00%3.00%7.50% RESOURCE PLANNER 1.50%3.00%0.00%3.00%7.50% ASSOCIATE RES PLANNER 1.50%3.00%0.00%3.00%7.50% ASST RES PLANNER 1.50%3.00%0.00%3.00%7.50% UTIL MKT ANALYST 1.50%3.00%0.00%3.00%7.50% UTIL MKT ANALYST -S 1.50%3.00%0.00%3.00%7.50% SR MKT ANALYST 1.50%3.00%0.00%3.00%7.50% SR MKT ANALYST-S 1.50%3.00%0.00%3.00%7.50% UTIL RATE ANALYST 1.50%3.00%0.00%3.00%7.50% Senior Librarian -3.2%2.07%3.57%0.57%3.00%9.20% LIBRARIAN 2.07%3.57%0.57%3.00%9.20% SR LIBRARIAN 2.07%3.57%0.57%3.00%9.20% COORD LIBRARY PROG 2.07%3.57%0.57%3.00%9.20% Storekeeper -0.5%1.50%3.00%0.00%3.00%7.50% STOREKEEPER 1.50%3.00%0.00%3.00%7.50% EQUIP PARTS TECH 1.50%3.00%0.00%3.00%7.50% FLEET SVCS COORD 1.50%3.00%0.00%3.00%7.50% SR FLEET SVCS COORD 1.50%3.00%0.00%3.00%7.50% STOREKEEPER-L 1.50%3.00%0.00%3.00%7.50% 5 APPENDIX A-1 to MOA Between City of Palo Alto and SEIU Summary of Market Adjustments and Salary Increases Benchmark Title (Bold) Job Family Positions (not bold) Market Survey Results Base + Cash + Ins TOTAL City Proposed Market Adj. 1st PP Following Adoption TOTAL City proposed Salary & Market Adjustment 1PP following Dec. 1, 2016 FINAL TOTAL Market Adjustment 1PP follwing July 1st, 2017 TOTAL City proposed Salary 1PP following Dec. 1, 2017 CITY Proposed Total (over contract term) Street Maint Assistant -6.7%3.23%4.73%1.73%3.00%12.70% ST MAINT ASST 3.23%4.73%1.73%3.00%12.70% RESTORATION LEAD 3.23%4.73%1.73%3.00%12.70% TRAF CONT MAINT I 3.23%4.73%1.73%3.00%12.70% TRAF CONT MAINT II 3.23%4.73%1.73%3.00%12.70% TRAF CONT MAINT-L 3.23%4.73%1.73%3.00%12.70% Tree Trimmer/Line Clearer -4.3%2.43%3.93%0.93%3.00%10.30% TREE TRIM/LN CLR 2.43%3.93%0.93%3.00%10.30% TREE MAINT ASST 2.43%3.93%0.93%3.00%10.30% TREE MAINT SPECIALIST 2.43%3.93%0.93%3.00%10.30% TREE TRIM/LN CLR-L 2.43%3.93%0.93%3.00%10.30% TREE TRM/LN CLR ASST 2.43%3.93%0.93%3.00%10.30% Utility Locator -9.7%4.23%5.73%2.73%3.00%15.70% UTIL LOCATOR 4.23%5.73%2.73%3.00%15.70% CATHODIC PROTECTION TECH ASST 4.23%5.73%2.73%3.00%15.70% CATHODIC TECH 4.23%5.73%2.73%3.00%15.70% SR UTIL FIELD SVC RE 4.23%5.73%2.73%3.00%15.70% UTIL INSTALL/REP 4.23%5.73%2.73%3.00%15.70% UTIL INSTALL/REP - WELD 4.23%5.73%2.73%3.00%15.70% UTIL INSTALL/REP - WELD - L 4.23%5.73%2.73%3.00%15.70% UTIL INSTALL/REP AST 4.23%5.73%2.73%3.00%15.70% UTIL INSTALL/REP-L 4.23%5.73%2.73%3.00%15.70% FIELD SVCPERS WGW 4.23%5.73%2.73%3.00%15.70% GAS SYSTEM TECH 4.23%5.73%2.73%3.00%15.70% GAS SYSTEM TECH II 4.23%5.73%2.73%3.00%15.70% UTIL FLD SVCS REP 4.23%5.73%2.73%3.00%15.70% MAINT. MECHANIC-WELDING 4.23%5.73%2.73%3.00%15.70% WQC Plant Operator II 1.2%6.50%3.00%0.00%3.00%12.50% **WQC PLT OPER II 6.50%3.00%0.00%3.00%12.50% **WQC PLT OPER I 6.50%3.00%0.00%3.00%12.50% **WQC PLT OPER TRN 6.50%3.00%0.00%3.00%12.50% **SR OPERATOR WQC 6.50%3.00%0.00%3.00%12.50% SR MECH 1.50%3.00%0.00%3.00%7.50% WATER SYSTEM OPER I 1.50%3.00%0.00%3.00%7.50% WATER SYSTEM OPER II 1.50%3.00%0.00%3.00%7.50% SR WATER SYS OPER 1.50%3.00%0.00%3.00%7.50% PLANT MECH 1.50%3.00%0.00%3.00%7.50% **Special adjustment to address recruitment/retention. 6 Labor Guiding Principles Palo Alto City Council Adopted April 9, 2012 To help maintain and support stronger working relationships between the City and Labor that are grounded in the standards of good faith bargaining, transparency, open communication and mutual respect, the Council hereby adopts the following principles to provide Labor, employees and the public with a policy framework of principles intended to guide the City’s labor relations policies and priorities: 1. City Services/Programs/Activities: The City’s core mission is to provide services, programs, and activities that align with the priorities of the public and the City Council; levels of employee compensation should support the City’s long-term ability to continue providing those services. 2. City Finances: The City should be able to meet the cost of any compensation commitment from current and projected on-going City revenues. 3. Timing of Negotiations: The City shall, to the maximum extent possible, reach agreement on the successor MOA with recognized employee organizations on matters within the scope of representation prior to expiration of their existing MOA. The City will work with employee groups to set an appropriate starting time for negotiations. 4. Total Compensation: In making compensation decisions, the City shall consider the total costs of a position including salary, pension, and all other benefits and shall communicate such information to all employees, labor and the public. 5. Equity Across Employee Groups: The City should strive to set and make similar structural changes to compensation and benefits for all employee groups, while recognizing that some flexibility may be required to fairly address issues specific to individual units and/or achieve the objectives of other guiding principles. 6. Recruitment & Retention: When economically feasible, the City’s compensation should be set at levels sufficient to recruit, train and retain qualified employees who are committed to the City’s goals, programs and delivery of high quality services. The City should pursue hiring and training strategies that further the City’s goal of finding and growing staff that are critical to maintaining its goals, programs, and services. 7. Transparency: The structure and components of compensation of City employees should be easy for Councilmembers, employees, labor and the public to understand, and as efficient as possible for staff to administer. 8. Management of Increasing Benefit Costs: The City should pursue short term and long term strategies to curtail increasing employee benefit costs. It should move away from providing benefits that place the burden on the City to pay the cost of automatic increases and toward benefit structures that require negotiations to determine how much and who will pay for such costs. 9. Innovation in Employment and Compensation: Providing broader and more creative choices regarding benefits may further the concepts set forth in Guiding Principles 1-8. The City should consider innovative alternatives to traditional models of public employment and public employee benefits such as Governor Brown’s 2011- 2012 public employee pension proposal and other innovative alternatives including, for example, but not limited to hybrid pension plans, cafeteria plans, scaled compensation in lieu of guaranteed benefits, benefit buyout options, and similar ideas