AGREEMENT Between and For THE CITY AND COUNTY OF SAN

AGREEMENT

Between and For

THE CITY AND COUNTY OF SAN FRANCISCO

And

THE INTERNATIONAL FEDERATION OF PROFESSIONAL

AND TECHNICAL ENGINEERS, LOCAL 21, AFL-CIO

FOR FISCAL YEARS

2022 – 2023 and 2023 – 2024

MEMORANDUM OF UNDERSTANDING, FY 2022 - 2024

CITY AND COUNTY OF SAN FRANCISCO AND

IFPTE, LOCAL 21

TABLE OF CONTENTS

ARTICLE I: REPRESENTATION ............................................................................................. 2

I.A. RECOGNITION ............................................................................................................. 2

1. Successor Representation .............................................................................................. 2

2. Unit Assignment Resolution .......................................................................................... 2

I.B. NO WORK STOPPAGES ............................................................................................. 2

I.C. MANAGEMENT RIGHTS............................................................................................ 2

I.D. UNION/CITY COMMITTEES ..................................................................................... 3

1. Union/City Relations Committee .................................................................................. 3

2. City and Union Committee on Diversity, Equity, and Inclusion .................................... 3

3. Internal Placement Committee ...................................................................................... 4

I.E. GRIEVANCE PROCEDURES ..................................................................................... 4

1. Definition ....................................................................................................................... 5

2. Time Limits ................................................................................................................... 5

3. Grievance Description .................................................................................................... 6

4. Steps of the Procedure ................................................................................................... 6

5. Expedited Arbitration .................................................................................................... 7

6. Non-Expedited Arbitration ............................................................................................. 8

7. Authority of the Arbitrator ............................................................................................. 9

8. Fees and Expenses of Arbitrator ..................................................................................... 9

9. Hearing Dates and Date of Award ................................................................................ 10

I.F. OFFICIAL REPRESENTATIVES AND STEWARDS ............................................ 10

1. Official Representatives ............................................................................................... 10

2. Stewards ........................................................................................................................ 10

I.G. UNION LEAVE ............................................................................................................ 11

I.H. UNION SECURITY ..................................................................................................... 11

1. Authorization for Deductions ........................................................................................ 11

2. Indemnification………………………………………………………………………..13

I.I. UNION ACCESS .......................................................................................................... 13

I.J. NEW HIRES ................................................................................................................. 14

I.K. ADDITIONAL DATA .................................................................................................. 14

ARTICLE II: EMPLOYMENT CONDITIONS ...................................................................... 15

II.A. NON-DISCRIMINATION ........................................................................................... 15

II.B. PROBATIONARY PERIOD ....................................................................................... 16

II.C. PROFESSIONAL STANDARDS ................................................................................ 16

II.D. REASONABLE ACCOMMODATIONS ................................................................... 16

II.E. SUBCONTRACTING OF WORK ............................................................................. 17

1. "Prop J." Contracts ....................................................................................................... 17

2. Personal Services Contracts ......................................................................................... 17

II.F. EMPLOYEE REASSIGNMENTS .............................................................................. 18

II.G. WORKFORCE REDUCTION .................................................................................... 18

1. Obligation to Meet & Confer on Employee Workloads ............................................... 18

2. Advance Notice of Pending Layoffs ............................................................................. 19

3. Layoff Procedures ......................................................................................................... 19

MEMORANDUM OF UNDERSTANDING, FY 2022 - 2024

CITY AND COUNTY OF SAN FRANCISCO AND

IFPTE, LOCAL 21

II.H. UTILIZATION OF PROP F AND TEMPORARY EXEMPT EMPLOYEES ...... 19

II.I. CREDIT FOR TIME SERVED IN TEMPORARY POSITION WHILE ON LAYOFF

FROM PERMANENT POSITION ............................................................................ 20

II.J. RELEASE OF CATEGORY 18 EMPLOYEES ........................................................ 20

II.K. TRAVEL REIMBURSEMENT .................................................................................. 22

1. Municipal Railway ........................................................................................................ 22

2. Automobile Allowances ............................................................................................... 22

3. Mileage Allowance ....................................................................................................... 23

4. Reimbursement of Required Business-Related Travel Expenses ................................. 23

II.L. PARKING PLACARDS FOR CALIFORNIA CHILDREN SERVICES

REHABILITATION PROFESSIONALS ................................................................. 23

II.M. PARKING FACILITIES ............................................................................................. 24

II.N. CELL PHONE USAGE FOR REHABILITATION PROFESSIONALS ............... 24

II.O. PERSONNEL FILES ................................................................................................... 24

II.P. DISCIPLINE ................................................................................................................. 25

II.Q. PUC/CIP “PROJECT LABOR AGREEMENT” ...................................................... 25

II.R. SUBSTANCE ABUSE PREVENTION POLICY ...................................................... 26

ARTICLE III: PAY, HOURS AND BENEFITS ..................................................................... 27

III.A. WAGES………………………………………………………………………………..27

III.B. ADDITIONAL COMPENSATION………………………………………………….27

1. Wage Corrections, Adjustments, and Studies ............................................................... 27

2. Acting Assignment Pay ................................................................................................. 33

3. Acting Assignment Exceptions ..................................................................................... 34

4. Supervisory Differential Adjustment ............................................................................ 34

5. Lead Person Pay ............................................................................................................ 36

6. PUC/CIP Planning Function Assignment Pay .............................................................. 36

7. Supervisory Differential for Classification 2924 Medical Social Work Supervisor ..... 36

8. Licensed Civil/Geotechnical/Structural Engineers ....................................................... 36

9. Certificate of Competency ............................................................................................ 37

10. Bilingual Premium ....................................................................................................... 37

11. Advanced Appraiser Certification Premium ............................................................... 37

12. Certified Hand Therapist Premium .............................................................................. 38

13. EEO Premium .............................................................................................................. 38

14. Legislative Assistant Premium .................................................................................... 38

15. Housing Inspector Certification Premium ................................................................... 38

16. OSHPD Premium......................................................................................................... 39

17. Public Safety Communication Coordinator Premium ................................................. 39

18. Purchasing Manager Certification Premium ............................................................... 39

19. Standby Pay ................................................................................................................. 40

20. Call Back ..................................................................................................................... 40

21. Night Duty ................................................................................................................... 40

22. County Surveyor Premium .......................................................................................... 40

23. Underwater Diver Pay ................................................................................................. 41

24. MTA Performance/Attendance Incentive Pay ............................................................. 41

25. Extended Ranges ......................................................................................................... 41

MEMORANDUM OF UNDERSTANDING, FY 2022 - 2024

CITY AND COUNTY OF SAN FRANCISCO AND

IFPTE, LOCAL 21

iii

III.C. SALARY STEP PLAN AND SALARY ADJUSTMENT ......................................... 43

1. Promotive Appointment in a Higher Class .................................................................. 43

2. Non-promotive Appointment ....................................................................................... 44

3. Appointment Above Entrance Rate ............................................................................. 44

4. Reappointment Within Six Months ............................................................................. 44

5. Compensation Adjustments ......................................................................................... 44

6. Compensation Upon Transfer or Reemployment ........................................................ 45

III.D. METHODS OF CALCULATION .............................................................................. 46

1. Monthly........................................................................................................................ 46

2. Bi-Weekly .................................................................................................................... 46

3. Per Diem or Hourly ..................................................................................................... 47

4. Weekly ......................................................................................................................... 47

5. Conversion of Annual or Monthly Rates to Semimonthly or Bi-Weekly ................... 47

6. Daily Rates for Monthly and Bi-Weekly ..................................................................... 47

7. Conversion to Bi-Weekly Rates .................................................................................... 47

III.E. FLEXIBLE STAFFING……………………………………………………………...47

III.F. SENIORITY INCREMENTS ...................................................................................... 48

1. Advancement Through Salary Steps ........................................................................... 48

2. Date Increment Due ..................................................................................................... 48

3. Schedule of Salary Increments .................................................................................... 48

4. Exceptions ..................................................................................................................... 48

III.G. WORK SCHEDULES .................................................................................................. 49

1. Regular Work Schedules ............................................................................................. 50

2. Flexible Work Schedule .............................................................................................. 50

3. Alternate Work Schedule ............................................................................................. 50

4. Voluntary Reduced Work Week .................................................................................. 50

5. Voluntary Time Off Program (“VTOP”) ..................................................................... 51

6. General Provisions ....................................................................................................... 51

7. Restrictions on Use of Paid Time Off while on Voluntary Time Off ......................... 51

8. Duration and Revocation of Voluntary Unpaid Time Off ........................................... 51

9. Notice of Change in Work Schedule ............................................................................. 51

III.H. OVERTIME COMPENSATION AND COMPENSATORY TIME ....................... 51

1. Non-Z Designated Classifications: .............................................................................. 52

3. Part-Time Employees .................................................................................................. 54

III.I. FAIR LABOR STANDARDS ACT ............................................................................ 54

III.J. HOLIDAYS ................................................................................................................... 54

1. Holiday Compensation for Time Worked ................................................................... 55

2. Holidays for Employees on Work Schedules Other Than Monday Through Friday .. 55

3. Holiday Pay for Employees Laid Off ............................................................................ 56

4. Employees Not Eligible for Holiday Compensation ..................................................... 56

5. Part-time Employees Eligible for Holidays .................................................................. 56

6. Holiday Compensation for Employees Working Alternative Work Schedules .......... 56

7. Z Employees .................................................................................................................. 56

III. K. VACATION................................................................................................................... 57

1. Definitions ................................................................................................................... 57

2. Award and Accrual of Vacation .................................................................................. 57

III.L. TIME OFF FOR VOTING .......................................................................................... 57

MEMORANDUM OF UNDERSTANDING, FY 2022 - 2024

CITY AND COUNTY OF SAN FRANCISCO AND

IFPTE, LOCAL 21

III.M. JURY DUTY ................................................................................................................. 57

III.N. PROVISIONAL EMPLOYEES ................................................................................. 58

III.O. PER-DIEM REHABILITATION PROFESSIONALS ............................................. 58

III.P. HEALTH AND WELFARE AND DENTAL INSURANCE .................................... 59

1. City Contribution ......................................................................................................... 60

2. Dental Benefits ............................................................................................................ 60

3. Benefits While on Unpaid Leave ................................................................................. 60

4. Hetch Hetchy Stipend .................................................................................................. 60

5. Life Insurance .............................................................................................................. 61

III.Q. RETIREMENT ............................................................................................................. 61

1. Retirement Payments ................................................................................................... 61

3. Quarterly Report and Annual Meeting .......................................................................... 61

5. Release Time for Pre-Retirement Planning Seminars ................................................. 61

III.R. STATE DISABILITY INSURANCE (SDI)................................................................ 62

III.S. WORKERS’ COMPENSATION LEAVE ................................................................. 62

III.T. LONG TERM DISABILITY ....................................................................................... 63

III.U. RETURN TO WORK................................................................................................... 63

III.V. SICK LEAVE .................................................................... Error! Bookmark not defined.

III.W. PAID SICK LEAVE ORDINANCE ........................................................................... 64

III.X. PARENTAL RELEASE TIME ................................................................................... 64

III.Y. LIABILITY ................................................................................................................... 64

III.Z. AIRPORT EMPLOYEE COMMUTE OPTIONS PROGRAM .............................. 65

ARTICLE IV: TRAINING, CAREER DEVELOPMENT AND INCENTIVES .................. 66

IV.A. RENEWAL FEES FOR CERTIFICATIONS, LICENSES, OR

REGISTRATIONS ...................................................................................................... 66

IV.B. EMPLOYEE DEVELOPMENT FUND ..................................................................... 66

IV.C. TUITION REIMBURSEMENT FOR SUPERVISING CLINICAL

PSYCHOLOGISTS ..................................................................................................... 67

IV.D. PROFESSIONAL ASSOCIATION MEETINGS ...................................................... 67

IV.E. PROFESSIONAL ORGANIZATIONS – DEPARTMENTAL MEMBERSHIPS . 67

IV.F. EDUCATIONAL PROGRAMS .................................................................................. 67

IV.G. EMPLOYEE SUGGESTION PROGRAM ................................................................ 68

IV.H. EDUCATIONAL LEAVE FOR REHABILITATION PROFESSIONALS AND

PHYSICIAN ASSISTANTS ....................................................................................... 68

IV.I. GENERAL TRAINING ............................................................................................... 68

IV.J. SPECIAL EDUCATION LEAVE FOR SUPERVISING CLINICAL

PSYCHOLOGIST ....................................................................................................... 69

ARTICLE V: WORKING CONDITIONS .............................................................................. 70

V.A. HEALTH AND SAFETY ............................................................................................. 70

V.B. ASSAULT DATA.......................................................................................................... 71

V.C. VIDEO DISPLAY EQUIPMENT WORKING CONDITIONS............................... 71

1. Eye Examinations ........................................................................................................ 71

2. Breaks .......................................................................................................................... 71

3. Physical Plant ............................................................................................................... 72

MEMORANDUM OF UNDERSTANDING, FY 2022 - 2024

CITY AND COUNTY OF SAN FRANCISCO AND

IFPTE, LOCAL 21

4. Inspection of Machines ................................................................................................ 72

5. Pregnancy .................................................................................................................... 72

V.D. ALTERNATIVE, LIGHT AND/OR MODIFIED DUTY ASSIGNMENTS ........... 72

V.E. PROTECTIVE CLOTHING ....................................................................................... 73

V.F. COMFORT STANDARDS .......................................................................................... 73

V.G. UNIFORM ALLOWANCE ......................................................................................... 73

V.H. UNIFORM ALLOWANCE (COMPUTER OPERATORS) .................................... 74

V.I. REIMBURSEMENT OF PERSONAL EXPENSES ................................................. 74

V.J. FINGERPRINTING ..................................................................................................... 74

V.K. TELECOMMUTING ................................................................................................... 74

V.L. PAGERS/VOICEMAIL FOR REHABILITATION PROFESSIONALS .............. 75

V.M. PAPERLESS PAY POLICY ......................................................................................... 75

V.N. HUMAN SERVICES AGENCY'S DEPARTMENT OF DISABILITY AND AGING

SERVICES CASELOADS…………………………………………………………………..75

ARTICLE VI: IMPLEMENTATION AND TERM OF AGREEMENT .............................. 76

VI.A. SCOPE OF AGREEMENT ......................................................................................... 76

VI.B. SAVINGS CLAUSE ..................................................................................................... 76

VI.C. AMENDMENT OR MODIFICATION ...................................................................... 77

VI.D. DURATION OF AGREEMENT ................................................................................. 77

APPENDIX A: LOCAL 21 REPRESENTED CLASSIFICATIONS ................................ A-1

APPENDIX B: SCHEDULES OF COMPENSATION ......................................................... B-1

APPENDIX C: CIP ADDENDUM ......................................................................................... C-1

APPENDIX D: PSC ADDENDUM ......................................................................................... D-1

APPENDIX E: SUBSTANCE ABUSE PREVENTION POLICY ........................................ E-1

APPENDIX F: TechHire Program .......................................................................................... F-1

APPENDIX G: UNION ACCESS TO NEW EMPLOYEES PROGRAM.......................... G-1

APPENDIX H: TRANSITION OF CATEGORY 18 APPOINTMENTS TO PERMANENT

CIVIL SERVICE APPOINTMENTS………………………………………………………..H-1

SIDELETTER ............................................................................................................................ S-1

SIDELETTER………………………………………………………………………………….S-2

MEMORANDUM OF UNDERSTANDING, FY 2022 - 2024

CITY AND COUNTY OF SAN FRANCISCO AND

IFPTE, LOCAL 21

MEMORANDUM OF UNDERSTANDING

This Memorandum of Understanding (hereinafter "Agreement") is entered into by the City and County

of San Francisco (hereinafter "City") and the International Federation of Professional and Technical

Engineers, Local 21, AFL-CIO-CLC (hereinafter "Union"). It is agreed that the delivery of municipal

services in the most efficient, effective, and courteous manner is of paramount importance to the City,

the Union, and represented employees. Such achievement is recognized to be a mutual obligation of the

parties to this Agreement within their respective roles and responsibilities.

ARTICLE I – REPRESENTATION

MEMORANDUM OF UNDERSTANDING, FY 2022 - 2024

CITY AND COUNTY OF SAN FRANCISCO AND

IFPTE, LOCAL 21

ARTICLE I: REPRESENTATION

I.A. RECOGNITION

1. The City recognizes the Union as the exclusive bargaining representative for all employees

of the City in those units listed in Appendix "A" of this Agreement. The terms and conditions

of this Agreement shall also be automatically applicable to any classification for which the

Union has become appropriately recognized during the term of this Agreement.

1. Successor Representation

2. The City agrees to recognize the Union as the collective bargaining representative of any

classification that constitutes a successor classification to a classification that the Union

currently represents. Subject to applicable appellate review procedures, the Department

of Human Resources shall make the final determination when there is a question as to

whether or not a new classification is a successor class.

2. Unit Assignment Resolution

3. For any classifications assigned to bargaining units represented by Local 21 as a result of

the settlement of the unit assignment dispute between the City, Local 21 and MEA, the

City agrees to meet and confer with Local 21 over subjects within the scope of bargaining

and covered by Charter Section A8.409. Any issues that are not resolved through the

meet and confer process shall be resolved through arbitration. Any economic benefits

shall be implemented at the start of the succeeding fiscal year.

4. The City makes no commitment or promise of wage or benefit improvement with regard

to such negotiations.

I.B. NO WORK STOPPAGES

5. It is mutually agreed and understood that during the period this Agreement is in force and

effect the Union will not authorize or engage in any strike, slowdown or work stoppage. It

shall not be a violation of this Agreement for an employee to honor a primary picket line

sanctioned by the Central Labor Council or the Building and Construction Trades Council;

provided however, that an employee shall first notify an appropriate supervisor of the

employee's intended actions. Provided further that nothing in this Section shall limit the

City's right to enforce the provisions of Section 8.346 of the Charter.

I.C. MANAGEMENT RIGHTS

6. Except as otherwise provided in this Agreement, in accordance with applicable state law,

nothing herein shall be construed to restrict any legal City rights concerning direction of its

work force, or consideration of the merits, necessity, or organization of any service or activity

provided by the City.

7. The City shall also have the right to determine the mission of its constituent departments,

officers, boards and commissions; set standards of services to be offered to the public, and

exercise control and discretion over the City's organization and operations. The City may

ARTICLE I – REPRESENTATION

MEMORANDUM OF UNDERSTANDING, FY 2022 - 2024

CITY AND COUNTY OF SAN FRANCISCO AND

IFPTE, LOCAL 21

also relieve city employees from duty due to lack of work or funds, and may determine the

methods, means and personnel by which the City's operations are to be conducted. However,

the exercise of such rights does not preclude employees from utilizing the grievance

procedure to process grievances regarding the practical consequence of any such actions on

wages, hours, benefits or other terms and conditions of employment specified in this

Agreement.

I.D. UNION/CITY COMMITTEES

1. Union/City Relations Committee

8. The parties have established a Union/City Relations Committee with equal representation

from both the City and the Union.

9. The Union/City Relations Committee shall meet at a minimum on a quarterly basis, and

in addition, as needed to address matters the parties agree are of mutual concern which

arise during the course of this Agreement, including, but not limited to, the City’s use of

Personal Service Contracts. By mutual agreement, the Committee may discuss grievance

matters subject to arbitration.

10. The Committee is specifically empowered to establish such sub-committees as may be

needed to consider and recommend solutions to workplace issues and concerns.

11. a. For the term of this Agreement, there shall be a sub-committee established to discuss

the City’s use of bargaining unit members who are exempt from Civil Service

pursuant to Charter Sections 10.104-16, 10.104-17, and 10.104-18. The sub-

committee will examine the use of such positions and the reasons for such use. The

Union acknowledges that appointments are a Civil Service carve-out under Charter

Section A8.409-3, and not subject to the grievance procedure.

2. City and Union Committee on Diversity, Equity, and Inclusion

12. The City and the Union are committed to ensuring a diverse, equitable, and inclusive City

workforce. There shall be a Committee on Diversity, Equity, and Inclusion (DEI

Committee) established to discuss issues in the workplace for City employees represented

by the Union related to diversity and an equitable and inclusive City workplace. The City

shall release up to a minimum of six (6) Union members to participate in the DEI

Committee.

13. The Committee on Diversity, Equity, and Inclusion shall meet quarterly to discuss issues

related to training needs, recruitment, retention, and promotional opportunities, such as

potential barriers in employment for City employees represented by the Union. The Union

shall develop an agenda, which shall be distributed to the City’s DEI Committee members

at least five (5) calendar days before each meeting. The DEI Committee shall meet on a

quarterly basis during the term of this Agreement.

14. The DEI Committee may discuss issues of diversity, equity, and inclusion in City

employment including, but not limited to, the recommendations in the June 2021 “Report

ARTICLE I – REPRESENTATION

MEMORANDUM OF UNDERSTANDING, FY 2022 - 2024

CITY AND COUNTY OF SAN FRANCISCO AND

IFPTE, LOCAL 21

of San Francisco Independent Reviewer for Mayor London Breed by Professor William

B. Gould IV” (the Gould Report). DEI Committee agendas may include:

a. The City’s efforts to advertise open bargaining unit positions widely to attract a

diverse candidate pool, and constructive solutions and suggestions from the Union

DEI members for improving these efforts. This will include efforts to recruit from

historically black colleges and universities and career fairs focusing on historically

marginalized groups, including people of color, first-generation college graduates,

and people from lower-income socioeconomic backgrounds, taking into

consideration any constraints under state and/or local law.

b. Recommendations for whether and how to track the self-identification of

race/ethnicity of applicants and hires based on EEOC guidelines, and what should be

done with the data.

c. Recommendations for whether and how to track corrective action undertaken by

departments in response to a finding by the DHR Director sustaining an EEO

complaint and/or grievance and how this data shall be used consistent with state and

local law.

d. Recommendations on equity in hiring (including hiring panels), onboarding, staff

development, and career advancement processes and practices.

15. The City shall make available on its website annual reports on discipline, probationary

releases, and Performance Improvement Plans prepared pursuant to the Mayor’s

Executive Directive 18-02 Ensuring a Diverse, Fair, and Inclusive City Workforce.

Upon request of the Union and mutual agreement of the parties, the City shall provide

additional reports on workforce demographics for employees represented by the

Union.

16. Additionally, the Union and the City agree, for the term of this Agreement, to continue

offering the City’s Government Alliance on Race and Equity (GARE) program.

3. Internal Placement Committee

17. A joint DHR/Local 21 committee created in 2003-04 shall continue for the duration of

this Agreement and shall meet at the request of the Union no more than monthly to review

scheduled and anticipated displacements and to review reappointment and alternative

internal placement plans and options.

I.E. GRIEVANCE PROCEDURES

18. The following procedures are adopted by the Parties to provide for the orderly and efficient

disposition of grievances and are the sole and exclusive procedures for resolving grievances

as defined herein.

ARTICLE I – REPRESENTATION

MEMORANDUM OF UNDERSTANDING, FY 2022 - 2024

CITY AND COUNTY OF SAN FRANCISCO AND

IFPTE, LOCAL 21

1. Definition

19. A grievance is defined as an allegation by an employee, a group of employees or the

Union that the City has violated, misapplied or misinterpreted a term or condition of

employment provided in this Agreement or an appeal from a suspension or disciplinary

discharge, or divisional, departmental or City rules, policies or procedures subject to

the scope of bargaining as set forth in Section VI.A. of this Agreement.

20. A grievance does not include the following:

21. a. All civil service rules excluded pursuant to Section VI.A.

22. b. Performance evaluations, provided however, that employees shall be entitled to

submit written rebuttals to unfavorable performance evaluations. Said rebuttal

shall be attached to the performance evaluation and placed in the employee's

official personnel file. Employees are required to submit written rebuttals within

thirty (30) calendar days from the date of the performance evaluation except by

mutual agreement.

23. c. In the event of an unfavorable performance rating, the employee shall be entitled

to a performance review conference with the author and the reviewer of the

performance evaluation. The employee shall be entitled to Union representation

at said conference.

24. d. Written reprimands or oral reprimands which are reduced to writing and placed

in the employee’s personnel file, provided however, that employees shall be

entitled to append a written rebuttal to any written reprimand or oral reprimand

which is reduced to writing and placed in the employee’s personnel file. The

appended rebuttal shall be included in the employee's official personnel file.

Employees are required to submit written rebuttals within thirty (30) calendar

days from the date of the reprimand, unless extended by mutual agreement.

2. Time Limits

25. The time limits set forth herein may be extended by agreement of the parties. Any such

extension must be confirmed in writing.

26. If the Union fails to file a written grievance appeal within the specified timelines at any

step of the appropriate grievance procedure, the grievance shall be considered

withdrawn.

27. If the City fails to respond to a grievance within the specified timelines at any step of

the appropriate grievance procedure, the Union may move the grievance to the next

step. Should the Union fail to advance the grievance to the next step within sixty (60)

calendar days of the City’s failure to respond within the specified applicable timeline,

the grievance shall be considered withdrawn.

ARTICLE I – REPRESENTATION

MEMORANDUM OF UNDERSTANDING, FY 2022 - 2024

CITY AND COUNTY OF SAN FRANCISCO AND

IFPTE, LOCAL 21

3. Grievance Description

28. The Union and City agree that all grievances shall include the following:

29. a. The specific reason or reasons for the grievance, including the date of the incident

giving rise to the grievance, an explanation of the harm that occurred, and the

name, classification, and department of the affected employees;

30. b. The section(s) of the contract which the Union believes has been violated; and

31. c. The remedy or solution being sought by the Grievant and/or Union.

4. Steps of the Procedure

32. A grievance regarding a dispute over contract interpretation shall be filed at the lowest

step in the grievance procedure in which the City’s representative would have the

authority to make a final and binding resolution of the grievance, provided, however,

that a grievance may not be filed at a Step higher than Step 2, except by mutual

agreement of the parties. In the event a grievance is filed at a Step in the grievance

procedure which the City deems inappropriate, the City’s representative with whom the

grievance was filed shall remand the grievance to the appropriate Step.

33. A grievance, regardless of the step at which initiated, shall be initiated as soon as

possible but in no case later than thirty (30) calendar days from the date of the

occurrence of the act or the date the grievant or Union might reasonably have been

expected to have learned of the alleged violation being grieved.

34. Step 1: An employee shall discuss the grievance informally with the employee’s

immediate supervisor The grievant may have a Union representative present.

35. If the grievance is not resolved within five (5) calendar days after contact with

the immediate supervisor, the grievant will submit the grievance in writing to

the immediate supervisor

36. The immediate supervisor shall respond in writing within ten (10) calendar

days following receipt of the written grievance specifying the reason or

reasons for concurring with or denying the grievance.

37. Step 2: A grievant dissatisfied with the immediate supervisor's response at Step 1 may

appeal to the Appointing Officer, in writing, within ten (10) calendar days of

receipt of the Step 1 answer. The Step 2 grievance shall contain a specific

description of the basis for the grievance, the resolution desired, and specific

reasons for rejecting the lower step response and advancing the grievance to

the next step. The Appointing Officer may convene a meeting within fourteen

(14) calendar days of the appeal with the grievant and/or the grievant's Union

representative. The Appointing Officer shall respond in writing within twenty-

ARTICLE I – REPRESENTATION

MEMORANDUM OF UNDERSTANDING, FY 2022 - 2024

CITY AND COUNTY OF SAN FRANCISCO AND

IFPTE, LOCAL 21

one (21) calendar days of the hearing or receipt of the grievance, whichever is

later. The response shall specify the reason or reasons for concurring with or

denying the grievance.

38. Step 3: For contract interpretation disputes, if the Union is dissatisfied with the

Appointing Officer's response at Step 2, the Union may appeal to the Director,

Employee Relations, in writing, within twenty-one (21) calendar days of

receipt of the Step 2 answer. The Step 3 grievance shall contain a specific

description of the basis for the grievance, the resolution desired, and specific

reasons for rejecting the lower step response and advancing the grievance to

the next step. The Director may convene a grievance meeting within fourteen

(14) calendar days of the appeal with the grievant and/or the grievant's Union.

The Director shall respond to the grievance in writing within fourteen (14)

calendar days of the meeting or, if none is held, within fourteen (14) calendar

days of receipt of the appeal. The response shall specify the reason or reasons

for concurring with or denying the grievance.

39. A grievance arising from a final disciplinary decision, as defined in Section II.O, shall be

initiated at Step 3 of this grievance procedure. Such grievance may only be filed by the

Union. The Director, ERD, shall review the appeal and respond no later than twenty-

one (21) calendar days following receipt of the appeal. If the response of the Director,

ERD, is unsatisfactory only the Union may file a written appeal to arbitration with the

ERD no later twenty-one (21) calendar days following issuance of ERD’s response.

40. Step 4 Arbitration: If the Union is dissatisfied with the Step 3 answer it may appeal by

notifying the Director, Employee Relations, in writing, within thirty (30) calendar days

of the 3rd Step decision that arbitration is being invoked.

41. If the Union advances a grievance to arbitration and seeks to raise facts or issues at

arbitration that were not identified in a previous step of the grievance procedure, or add

new grievants, the City retains the right to object to the arbitrator considering those new

facts, issues or grievants. If the City objects, the arbitrator must determine whether to

allow the union to pursue those new facts or issue, or add any new grievants, at the

arbitration.

5. Expedited Arbitration

42. Grievances of disciplinary suspensions of fifteen (15) days or less, grievances regarding

Acting Assignment Pay pursuant to Sections III.B.2 and III.B.3, and grievances regarding

denial of a step increase pursuant to Section III.E.4.b shall be resolved through an

expedited arbitration process. Grievances of contract interpretation where the remedy

requested would not require approval by the Board of Supervisors shall also be resolved

through an expedited arbitration process; however, either party may move such matters

out of the expedited process to regular arbitration described in Section 6. below. By

written mutual agreement, the parties may submit any other grievance to this expedited

arbitration process.

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43. The expedited arbitration shall be conducted before an arbitrator, to be mutually selected

by the parties, and who shall serve until the parties agree to remove the arbitrator or for

twelve (12) months, whichever comes first. A standing quarterly expedited arbitration

schedule will be established for this process.

44. The arbitrator shall hear three (3) grievances for each scheduled day of hearings. Each

grievance will have a two (2) hour time limit. The arbitrator will make every effort to

issue bench decisions. Written summary awards will follow up bench decisions.

Decisions of an arbitrator in these proceedings shall be final and binding and shall not

constitute precedent in any other cases.

45. The parties shall not be represented by counsel at these proceedings.

46. The parties will not utilize court reporters, electronic transcription, or post-hearing briefs.

6. Non-Expedited Arbitration

47. The parties share a desire to create an appeals process that offers timely resolution of

appeals of suspensions of more than 15 days and terminations. The parties agree to use

their best efforts to arbitrate grievances appealing terminations and suspensions of greater

than fifteen (15) days within ninety (90) calendar days of the Union’s written request to

arbitrate.

48. When a grievance is appealed to arbitration, within five (5) calendar days, the parties

shall attempt to mutually agree on an arbitrator listed in section I.E.6.b of this Agreement.

In the event no agreement is reached within five (5) calendar days the arbitrator shall be

selected from the permanent panel in accordance with the following procedure:

49. a. For each arbitration case, the parties shall use the list of arbitrators set forth in section

I.E.6.b. To select an arbitrator from the standing panel, the parties shall strike

arbitrators alternately from the standing panel until one arbitrator remains. The party

who strikes first will be determined by lot, coin flip or other comparable method, and

subsequent strikes will alternate between the parties.

50. Except for the expedited procedure described above, hearings shall be scheduled within

thirty (30) calendar days of selection of an arbitrator.

b. Selection of the Arbitrator

51. 1. The parties have established the following list of seven (7) arbitrators to serve as

the permanent panel to hear grievances arising under the terms of this Agreement:

Matt Goldberg

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Catherine Harris

Andria Knapp

Katherine Thomson

Carol Vendrillo

David Weinberg

Barry Winograd

52. This list of arbitrators shall be in effect until the expiration of this Agreement,

unless extended by mutual agreement.

53. 2. In the event that the parties mutually agree to remove an arbitrator, or an arbitrator

becomes unavailable to serve on the panel, the parties shall attempt to agree on a

replacement arbitrator. If the parties cannot reach mutual agreement on a

replacement arbitrator within fourteen (14) calendar days of their initial

discussions, the parties shall jointly request a list of seven (7) arbitrators from the

California State Mediation and Conciliation Service (“CSMCS”). Each party

shall select four (4) arbitrators from that list; the one arbitrator in common shall

serve as the replacement, unless the parties mutually agree otherwise. If there are

two (2) or more arbitrators in common, then the parties shall toss a coin to

determine the replacement arbitrator. If there are more than two (2) arbitrators in

common, then the parties shall alternately strike names until one (1) arbitrator

remains; the decision of which party will strike first shall be determined by a coin

toss.

7. Authority of the Arbitrator

54. The arbitrator shall have no authority to add to, ignore, modify or amend the terms of this

Agreement.

55. Any claim for monetary relief shall not extend more than thirty (30) calendar days prior

to the filing of a grievance, unless considerations of equity or bad faith justify a greater

entitlement.

8. Fees and Expenses of Arbitrator

56. Except as noted below, the fees and expenses of the Arbitrator shall be shared equally by

the parties.

57. In the event that an arbitration hearing is cancelled, resulting in a cancellation fee, the

party requesting or causing the cancellation shall bear the full cost of the fee imposed by

the arbitrator, unless a mutually agreed upon alternative is established.

58. The parties shall use a court reporter for non-expedited arbitrations, unless they mutually

agree otherwise. The parties shall share all fees and expenses for the court reporter’s

services and transcripts. If a court reporter is utilized for the hearing, the parties can agree

in advance to require that the reporter submit the hearing transcript to the parties and

arbitrator within fourteen (14) calendar days of the close of the hearing.

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9. Hearing Dates and Date of Award

59. If either party fails to appear for a scheduled arbitration hearing that has not been

cancelled, the other party will present their case and the arbitrator will issue a decision

based on the information presented at the hearing.

60. Closing briefs will be due to the arbitrator within thirty (30) calendar days of the close of

the hearing or receipt of transcript, whichever is later. Either party may choose to make

a closing oral argument in lieu of a written brief.

61. Any written decision from the arbitrator will be due within forty-five (45) calendar days

of receipt of the parties’ briefs or the close of oral argument, whichever is later. As a

condition of appointment to the permanent panel, arbitrators shall be advised of this

requirement and shall confirm their willingness to abide by these time limits.

62. By the parties’ mutual agreement, the arbitrator may issue a bench decision on the record

stating the arbitrator’s award and the reasons therefore.

I.F. OFFICIAL REPRESENTATIVES AND STEWARDS

1. Official Representatives

63. For purposes of negotiating a successor collective bargaining agreement, the Union may

select up to thirty-two (32) members to serve during the employee's regular duty or work

hours without loss of compensation. For purposes of meeting and conferring with the

City, on matters within the scope of representation during the term of the agreement, the

Union may select up to five (5) members to serve during the employee’s regular duty or

work hours without loss of compensation. If a situation should arise where the Union

believes that more than five (5) employee members should be present at such meetings,

and the City disagrees, the Union shall take the matter up with the Employee Relations

Director and the parties shall attempt to reach agreement as to how many employees shall

be authorized to participate in said meetings.

64. a. The organization's duly authorized representative shall inform in writing the

department head or officer under whom each selected employee member is employed

that such employee has been selected.

65. b. No selected employee member shall leave the duty or work station, or assignment

without specific approval of the appropriate Employer representative.

66. c. In scheduling meetings, due consideration shall be given to the operating needs and

work schedules of the department, division, or section in which the employee

members are employed.

2. Stewards

67. The Union shall furnish the City with an accurate list of stewards and alternate stewards

in designated or professional series units. The Union may submit amendments to this list

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at any time because of the permanent absence of a designated steward. If a steward is not

officially designated in writing by the Union, none will be recognized for that area or

shift.

68. The Union recognizes that it is the responsibility of the steward to assist in the resolution

of grievances at the lowest possible level.

69. Upon notification of an appropriate management person, stewards or designated officers

of the Union subject to management approval which shall not be unreasonably withheld,

shall be granted reasonable release time to investigate and process grievances and

appeals. Stewards shall advise their supervisors of the area or work location where they

will be investigating or processing grievances. The Union will attempt to insure that

steward release time will be equitably distributed.

70. In emergency situations, where immediate disciplinary action is taken because of an

alleged violation of law or a City departmental rule (intoxication, theft, etc.) the steward

shall not unreasonably be denied the right to leave the steward’s post or duty to assist in

the grievance procedure.

71. Stewards shall not interfere with the work of any employee. It shall not constitute

interference with the work of an employee for a steward, in the course of investigating or

processing a grievance, to interview an employee during the employee's duty time.

72. Stewards shall orient new employees on matters concerning employee rights under the

provisions of the Agreement.

I.G. UNION LEAVE

73. Pursuant to the guidelines of the Civil Service Commission, leave without pay for a

reasonable term for up to a reasonable number of employees shall be granted upon ten

(10) days advance written notice.

I.H. UNION SECURITY

1. Authorization for Deductions

74. a. The Union shall submit any request to initiate, change, or cancel deductions of

Contributions from represented employees’ pay according to the Controller’s “Union

Deductions Procedure” (“Procedure”), which the Controller may amend from time to

time with reasonable notice to the Union. “Contributions” as used in this Section I.H.

means Union membership dues, initiation fees, political action funds, other

contributions, and any special membership assessments, as established and as may be

changed from time to time by the Union.

75. b. The City shall deduct Contributions from a represented employee’s pay upon

submission by the Union of a request, in accordance with the Procedure. The

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Procedure shall include, and the Union must provide with each request, a certification

by an authorized representative of the Union, confirming that for each employee for

whom the Union has requested deduction of Contributions, the Union has and will

maintain a voluntary written authorization signed by that employee authorizing the

deduction. If the certification is not properly completed or submitted with the request,

the City shall notify the Union, and make the requested deduction changes only upon

receipt of a proper certification.

76. c. The Procedure is the exclusive method for the Union to request the City to initiate,

change, or cancel deductions for Contributions.

77. d. Union rules provide that for employees whose membership card or other authorization

form does not provide terms of revocation, the member may revoke by submitting a

written revocation to the Union during the thirty (30) day period immediately before

the anniversary date on which the employee signed the employee’s form. The parties

agree that the City has no role, responsibility or decision making authority over the

terms of Union membership, including revocation of such membership, or over

revocation of an employee’s authorization for deductions of Contributions, except to

cancel deductions upon notice from the Union as provided in this Section.

78. e. The City shall implement new, changed, or cancelled deductions the pay period

following the receipt of a request from the Union, but only if the Union submits the

request by noon on the last Friday of a pay period. If the Controller’s Office receives

the request after that time, the City will implement the changes in two following pay

periods.

79. f. If an employee asks the City to deduct Contributions, the City shall direct the

employee to the Union to obtain the Union authorization form. The City will not

maintain a City authorization form for such deductions. If a represented employee

hand delivers the official Union form authorizing such deductions to the Controller’s

Payroll Division, the City shall process the authorization and begin the deduction

within thirty (30) days. The City will send the Union a copy of any authorization

form that it receives directly from a represented employee.

80. g. Except as otherwise provided in this subsection 1, each pay period, the City shall

remit Contributions to the Union, after deducting the fee under San Francisco

Administrative Code Section 16.92. In addition, the City will make available to the

Union a database that includes the following information for each represented

employee: name; DSW number; classification; department; work location; work,

home, and personal cellular telephone number; personal email address if on file with

the City; home address; and any Contributions amount deducted.

81. h. Except as otherwise provided in this subsection 1, the City shall continue to deduct

and remit Contributions until it receives notice to change or cancel deductions from

the Union in accordance with the Procedure, or it receives an order from a court or

administrative body directing the City to change or cancel the deductions for one or

more employees.

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82. i. With the exception of subsection (f) above, the Union is responsible for all decisions

to initiate, change, and cancel deductions, and for all matters regarding an employee’s

revocation of an authorization, and the City shall rely solely on information provided

by the Union on such matters. The City shall direct all employee requests to change

or cancel deductions, or to revoke an authorization for deductions, to the Union. The

City shall not resolve disputes between the Union and represented employees about

Union membership, the amount of Contributions, deductions, or revoking

authorizations for deductions. The City shall not provide advice to employees about

those matters, and shall direct employees with questions or concerns about those

matters to the Union. The Union shall respond to such employee inquiries within no

less than 10 business days.

2. Indemnification

83. The Union shall indemnify, hold harmless, and defend the City against any claim,

including but not limited to any civil or administrative action, and expense and liability

of any kind, including but not limited to reasonable attorney’s fees, legal costs,

settlements, or judgments, arising from or related to the City’s compliance with this

section. The Union shall be responsible for the defense of any claim within this provision,

subject to the following: (i) the City shall promptly give written notice of any claim to

the Union, (ii) the City shall provide any assistance that the Union may reasonably request

for the defense of the claim; and (iii) the Union has the right to control the defense or

settlement of the claim; provided, however, that the City shall have the right to participate

in, but not control, any litigation for which indemnification is sought with counsel of its

own choosing, at its own expense; and provided further that the Union may not settle or

otherwise resolve any claim or action in a way that obligates the City in any manner,

including but not limited to paying any amounts in settlement, taking or omitting to take

any actions, agreeing to any policy change on the part of the City, or agreeing to any

injunctive relief or consent decree being entered against the City, without the consent of

the City. This duty to indemnify, hold harmless, and defend shall not apply to actions

related to compliance with this section brought by the Union against the City. This

subsection 2 shall not apply to any claim against the City where the City failed to process

a timely, properly completed request to change or cancel a Contributions deduction, as

provided in subsection 1.

I.I. UNION ACCESS

84. Reasonable space may be allowed on bulletin boards for use by the Union to communicate

with employees.

85. The Union shall have reasonable access to all work locations to verify that the terms and

conditions of this Agreement are being carried out and for the purpose of conferring with

employees, provided that access shall be subject to such rules and regulations

immediately below, as well as to such rules and regulations as may be agreed to by a

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department and the Union. Union access to work locations will not disrupt or interfere

with a department’s mission and services or involve any political activities.

86. Union representatives shall also have reasonable access to non-work areas (bulletin

boards, employee lounges and break rooms) and to hallways, in order to verify that the

terms and conditions of this Agreement are being carried out and for the purpose of

conferring with employees.

87. Union representatives must identify themselves upon arrival at a City department. Union

representatives may use department meeting space with a reasonable amount of notice,

subject to availability.

88. In work units where the work is of a confidential nature and in which the department

requires it of other non-employees, a department may require that Union representatives

be escorted by a department representative when in areas where said confidential work is

taking place.

89. Nothing herein is intended to disturb existing written departmental union access policies.

Further, departments may implement additional rules and regulations after meeting and

conferring with the Union.

I.J. NEW HIRES

90. The City agrees to provide the Union with the names and classifications of newly hired

employees. During the initial processing, the City will provide new employees in those

units listed in Appendix A with a Union-provided packet of information regarding the

Union and fees and dues arrangement. The Union will provide this information in sealed

envelopes, one of which will be distributed to each new employee. The City may advise

new employees that the packet is being provided as part of an agreement with the Union,

and that the City is neither aware of nor endorses the content of the packet.

I.K. ADDITIONAL DATA

91. The City will provide such necessary documents for representation and bargaining

purposes that could otherwise be obtained via the California Public Records Act.

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ARTICLE II: EMPLOYMENT CONDITIONS

II.A. NON-DISCRIMINATION

92. The City and the Union agree that discriminating against or harassing employees,

applicants, or persons providing services to the City by contract because of their actual

or perceived race, color, creed, religion, sex/gender, national origin, ancestry, physical

disability, mental disability, medical condition (associated with cancer, a history of

cancer, or genetic characteristics), HIV/AIDS status, genetic information, marital status,

age, political affiliation or opinion, gender identity, gender expression, sexual orientation,

military or veteran status, or other protected category under the law, is prohibited. The

City shall expedite the handling of complaints of sexual harassment.

93. Discrimination and sexual harassment as used herein shall mean discrimination and

sexual harassment as defined by Title VII of the 1964 Civil Rights Act, as amended, the

Civil Rights Act of 1991, the California Fair Employment and Housing Act, the

Americans with Disabilities Act, the California and United States Constitutions, the Equal

Pay Act of 1963, the Age Discrimination in Employment Act of 1967, and the Civil

Rights Act of 1866.

94. Claims of discrimination shall be reviewed and determined in accordance with applicable

City policies. Effective January 1, 2023, DHR EEO shall offer the complainant an intake

interview within 30 days of DHR receiving a complaint within DHR EEO’s jurisdiction.

This deadline does not apply to complaints filed before January 1, 2023.

95. An employee, group of employees, or Union may elect to process a complaint of

discrimination or sexual harassment through the grievance and arbitration procedures of

this Agreement, and/or through the applicable Civil Service Rules, and/or the City

Administrative Code, and/or federal or state law.

96. Neither the City nor the Union shall interfere with, intimidate, restrain, or coerce or

discriminate against any employee because of the exercise of rights granted pursuant to

the Meyers-Milias-Brown-Act.

97. The City shall make reasonable efforts to ensure all employees represented by the Union

complete an Implicit Bias training before June 30, 2022.

a. Instructor Led Interactive Implicit Bias Training

98. The City shall make reasonable efforts to reserve at least two hundred (200) spots for

each fiscal year covered by this Agreement for employees represented by the Union to

take the instructor led interactive implicit bias training offered by the Department of

Human Resources. Instructor led interactive implicit bias training may be in-person or

virtual. Supervisory employees and hiring managers will have priority. Within thirty (30)

calendar days of the effective date of this Agreement, the Union and the City shall meet

and work cooperatively to develop a schedule of training sessions to be offered for the

term of this Agreement, and to determine how and when represented employees must

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his/her/their participation in a training for which they have previously registered, such

employee shall notify the City no less than 14 calendar days before the training session

so that another represented employee may fill the vacancy created by the cancellation.

The City will provide the training at no cost to the employee and employees shall receive

adequate paid-time to complete the course.

II.B. PROBATIONARY PERIOD

99. As defined and administered by the Civil Service Commission, the initial probationary

period for new employees in all classifications represented by Local 21 shall be twelve

(12) months of service. The probationary period for an employee appointed to a

promotive position (i.e., a position in any class the salary grade for which is higher than

the salary grade of the employee's permanent class) shall be six (6) months of service.

100. The probationary period for all other appointments, as defined and administered by the

Civil Service Commission, shall be three (3) months of service. If the employee is being

returned to duty in the same department from which the employee was laid off, the

employee shall serve the remainder of any probationary period as set forth in Civil Service

Rule 112.30.3.

101. A probationary period may be extended for up to one (1) year by mutual agreement, in

writing, between the employee and the Appointing Officer. The City shall give notice to

the Union at the time that it seeks to extend an employee’s probationary period.

II.C. PROFESSIONAL STANDARDS

102. An employee who believes that the employee will suffer adverse action for refusing to

perform duties or being required to perform duties in a manner inconsistent with

professional ethics may request a meeting with the Appointing Officer (or designee) to

address such concerns. "Professional Ethics" as used in this provision refers to a standard

of professional ethics published by a professional association or recognized as a standard

in the field or industry in which the employee works or codified in State Law.

II.D. REASONABLE ACCOMMODATIONS

103. The parties agree that they are required to provide reasonable accommodations for

persons with disabilities in order to comply with the provisions of the Americans with

Disabilities Act, the Fair Employment and Housing Act, and all other applicable federal,

state and local disability anti-discrimination statutes. The parties further agree that this

Agreement shall be interpreted, administered and applied so as to respect the legal rights

of the parties covered by these Acts. The City reserves the right to take any action

necessary to comply therewith. A reasonable accommodation decision is appealable to

the Human Resources Director, and/or through the grievance and arbitration procedures

of this Agreement and/or through the applicable Civil Service Rules, and/or the City

Administrative Code, and/or federal or state law.

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II.E. SUBCONTRACTING OF WORK

1. "Prop J." Contracts

104. The City agrees to notify the Union no later than the date a department files “Prop J”

legislation with the Clerk of the Board.

105. Upon request by the Union, the City shall make available for inspection any and all

pertinent background and/or documentation relating to the service contemplated to be

contracted out. Prior to any final action being taken by the City to accomplish the

contracting out, the City agrees to hold informational meetings with the Union to discuss

and attempt to resolve issues relating to such matters including, but not limited to,

a. possible alternatives to contracting or subcontracting;

b. questions regarding current and intended levels of service;

c. questions regarding the Controller's certification pursuant to Charter Sections

8.300-1 — 10.104.15;

d. questions relating to possible excessive overhead in the City's administrative-

supervisory/worker ratio; and

e. questions relating to the effect on individual worker productivity by providing

labor saving devices.

106. The City agrees that it will take all appropriate steps to insure the presence at said

meetings of those officers and employees (excluding the Board of Supervisors) of the

City who are responsible in some manner for the decision to contract so that the particular

issues may be fully explored by the Union and the City.

2. Personal Services Contracts

107. At the time the City issues a Request for Proposals (“RFP”)/Request for Qualifications

(“RFQ”), or thirty (30) days prior to the submission of a personal services contract

(“PSC”) request to the Department of Human Resources and/or the Civil Service

Commission, whichever occurs first, the City shall notify the Union of any PSC(s),

including a copy of the draft PSC summary form, where such services could potentially

be performed by represented classifications.

108. If the Union wishes to meet with a department over a proposed personal services contract,

the request must be made by the Union to the Human Resources Director with a copy

forwarded to the appropriate department within 14 calendar days after the receipt of

notice from the department. Discussions shall include, but not be limited to, possible

alternatives to contracting or subcontracting and whether the department staff has the

expertise and/or facilities to perform the work. Upon request by the Union, the City shall

make available for inspection any and all pertinent background and/or documentation

relating to the service contemplated to be contracted out. If the Union and the City have

not completed discussions within the 30-day notice period, at the Union’s request, the

City shall extend the discussion period for an additional 14 calendar days before the

department moves the request forward to the Department of Human Resources.

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109. In order to ensure that the parties are fully able to discuss their concerns regarding

particular proposed contracts, the City agrees that it will take all appropriate steps to

ensure that parties (excluding the Board of Supervisors and other boards and

commissions) who are responsible for the contracting-out decision(s) are present at the

meeting(s) referenced in section II.E.(1) of the Agreement.

110. The City agrees to provide the Union with notice(s) of departmental commissions and

Civil Service Commission meetings during which proposed PSCs are calendared for

consideration, where such services could potentially be performed by represented

classifications.

111. Where the City engages a vendor for specialty consultant services, the City will work

with the Union to identify knowledge transfer opportunities and the City will make

reasonable efforts to ensure that specialty consultant contracts include sufficient funding

for knowledge transfer to affected City employees.

112. The parties acknowledge existing policies and procedures which place restrictions on the

use of personal services contracts for work that could potentially be performed by

represented classifications.

113. The City and Local 21 expressly reserve their rights with regard to the parties’ contentions

over whether such policies and procedures are or are not within the scope of bargaining

under Charter Section A8.409. Nothing in this or the preceding paragraph shall be

deemed a waiver by either party of its position on those contentions.

II.F. EMPLOYEE REASSIGNMENTS

114. Except in cases of urgent need, each City department shall post notices of vacancies in a

prominent location in the department, and/or at each separate work location of the

department, for a period of not less than five (5) working days in order to afford

employees interested in reassignment an opportunity to apply for a vacant position. Each

such notice shall describe the classification of the position to be filled, the physical

location of the position, its starting and quitting time, and a general description of the

work to be performed.

II.G. WORKFORCE REDUCTION

1. Obligation to Meet & Confer on Employee Workloads

115. The City and Union acknowledge that there has been and may continue to be a reduction

in the City workforce primarily as a result of reduced revenue and inflation.

116. The City recognizes its legal obligation to meet and confer in good faith and endeavor to

reach agreement on employee workloads.

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117. The City shall provide any written information relating to staffing levels and workloads

in a given department upon written request to the Employee Relations Division, with any

reproduction costs above single copies to be paid by the Union.

2. Advance Notice of Pending Layoffs

118. Any employee who is to be laid off due to the lack of work or funds shall be notified, in

writing, with as much advance notice as possible but not less than sixty (60) calendar

days prior to the effective date of the layoff. Such sixty (60) calendar day minimum

advance notice of layoff shall not apply should layoff in a shorter period be beyond the

control of the City. The Union shall receive copies of any layoff notice. The provisions

of this Section shall not apply to "as needed", or intermittent employees or employees

hired for a specific period of time or for the duration of a specific project or employees

who are bumped from their position.

119. The City will provide ten (10) business days’ notice to employees who are subject to

displacement due to layoff. To the extent this notice period extends beyond the date the

displacing employee is to start in the position, the employee who is to be displaced will

be placed in a temporary exempt position in the employee’s classification and department

for the remainder of the notice period.

3. Layoff Procedures

120. Layoffs shall be administered pursuant as follows: An employee with permanent

seniority in class shall have the right to displace an employee with less permanent

seniority in the same class in any department. All bumping and displacement shall first

occur within the department that affected the layoff in question prior to City-wide

bumping.

121. After bumping and displacement occurs, an employee who is laid off shall receive one

week’s severance pay for each full year worked, up to a maximum of 12 weeks, in

exchange for a release, in a form acceptable to the City, signed by the employee of any

and all claims arising out of the employee’s separation from employment by layoff

(including claims arising under this Agreement) that the employee may have against the

City including any officer or employee thereof. An employee who accepts severance pay

shall forfeit all holdover rights. The Union agrees not to pursue any grievance arising out

of the layoff for an employee who accepts severance under this section. If an employee

accepts severance pay and retires within two (2) years of accepting the severance pay,

they shall reimburse the City for the full amount of the severance pay.

II.H. UTILIZATION OF PROP F AND TEMPORARY EXEMPT EMPLOYEES

122. The Human Resources Director agrees to work with City departments to ensure proper

utilization of Proposition F and temporary exempt (“as needed”) employees when such

positions would more appropriately or efficiently be filled by permanent employees. In

addition, the City will notify holdovers in represented classifications of any recruitment

for exempt positions in their classifications.

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123. The Union and the City will meet to review and identify exempt appointments in

Categories 17 and 18 that may be appropriate for conversion to permanent civil

service. The parties agree to conclude this process not later than December 31,

2019. After that date, any remaining unresolved issues will be referred to the Union-City

Relations Committee. The Union reserves the right to appeal or contest exempt

appointments to the Civil Service Commission.

II.I. CREDIT FOR TIME SERVED IN TEMPORARY POSITION WHILE ON

LAYOFF FROM PERMANENT POSITION

124. An employee who has completed probation in a permanent position and who:

125. 1. is "laid off" from said position;

126. 2. is immediately and continuously employed in another classification with the

City, either permanent or temporary; and

127. 3. is thereafter permanently re-employed in the employee’s former classification

without a break in service;

128. 4. shall, for the purposes of determining salary increments, receive credit for the

time served while laid off from the employee’s permanent position.

II.J. RELEASE OF CATEGORY 18 EMPLOYEES

129. Under Charter Section 10.104(18), appointments for special projects and professional

services with limited term funding shall not exceed three years and are exempt from

competitive civil service selection, appointment and removal procedures. Individuals

appointed to such positions serve at the pleasure of the Appointing Officer. For purposes

of this Agreement, these positions are called “Category 18 appointments.”

130. Subject to the conditions and limitations in the following paragraphs, if an employee in a

Category 18 appointment is released from service, the employee shall have the option of

receiving either severance pay or a post-release administrative hearing.

131. An employee in a Category 18 appointment is eligible for these options only if the

employee has served at least twelve (12) consecutive months in the Category 18

appointment.

132. An employee in a Category 18 appointment is not eligible for these options if the

employee is released for any of the following reasons:

133. a. the employee has served the maximum three-year period in the current

appointment;

134. b. the project for which the employee was hired ends or is discontinued;

135. c. the funding for the project or professional services on which the employee is

working is exhausted or discontinued; or

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136. d. the employee engaged in any of the following misconduct: misappropriation of

public funds or property; misuse or destruction of public property; mistreatment

of persons (including violation of City policies prohibiting discrimination,

harassment or retaliation); dishonesty; or acts that would constitute a felony or

misdemeanor.

137. Eligible employees may select one of the following two options:

Option 1: Severance

138. An eligible employee who timely elects severance shall receive one (1) week of severance

pay for each full year of continuous service in any Category 18 appointment, up to a

maximum of nine (9) weeks of severance pay. Severance pay shall be calculated at the

employee’s base hourly rate. To receive the severance pay, the employee and the Union

must sign a release of any and all claims arising out of the employee’s employment or

release from employment (including claims arising under this Agreement) that the

employee or Union may have against the City, including any City officer or employee.

This release would include a release of any rights to return to any underlying permanent

civil service appointment. This release shall be in a form acceptable to the City.

Option 2: Advisory Administrative Appeal

139. An eligible employee may request an advisory administrative appeal of the release with

the City’s Human Resources Director or designee. Upon receipt of a timely request for

appeal from an eligible employee, the Human Resources Director or designee shall

convene a meeting where the released employee may express objections or concerns

regarding the release. The employee may bring a Union representative to the meeting;

however, the employee is not entitled to bring witnesses or have a legal or other

representative at the meeting. The meeting officer shall make a recommendation to the

employee’s Appointing Officer regarding the release. The Appointing Officer or designee

shall either accept or reject the recommendation in writing within ten (10) calendar days

of receipt of the recommendation. The decision of the Appointing Officer or designee on

the recommendation and on the release is final.

Deadline to Elect Option

140. At the time of release, the City shall provide the released employee with written notice of

any available options under this Section II.J. An eligible released employee shall have

seven (7) calendar days to elect either severance or an appeal. If the employee elects

severance, the employee or Union shall notify the Appointing Officer or designee in

writing by the deadline. If the employee elects an appeal, the employee or Union shall

notify the Human Resources Director in writing by the deadline. If the released employee

or Union fails to make an election within seven (7) calendar days, both options shall be

withdrawn and the release shall be final.

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141. This section is not subject to the grievance procedure, except the employee or Union may

grieve the proper calculation of the severance.

II.K. TRAVEL REIMBURSEMENT

1. Municipal Railway

142. An employee who travels on the Municipal Railway for City business shall be reimbursed

for such travel.

2. Automobile Allowances

143. The City agrees to appropriate sufficient funds to the Assessor's Office, the Department

of Public Works and the Treasurer's Office, Tax Collector Division to pay automobile

allowances to employees required to drive a personal automobile for City business.

Employees on leave or extended vacation for twenty-one (21) days or more will not

receive the allowance for the days not worked.

144. a. Employees in the following classes only shall receive an auto allowance of $40.00

per month and be eligible for mileage reimbursement in accordance with the

current IRS mileage rate:

4220 Tax Auditor-Appraiser

4222 Senior Tax Auditor-Appraiser

4224 Principal Tax Auditor-Appraiser

6270 Housing Inspector

6272 Senior Housing Inspector

2542 Speech Pathologist*

2548 Occupational Therapist*

2550 Senior Occupational Therapist*

2555 Physical Therapist Assistant*

2556 Physical Therapist*

2558 Senior Physical Therapist*

* Applies only to Home Health Care Rehabilitation Professionals and California

Children’s Services.

145. b. Employees in the above-listed classifications must establish eligibility for

Automobile Allowance by providing proof of and maintaining a valid California

drivers’ license, and also by providing proof of required insurance.

146. c. Employees in the following classes now use cars provided by the City; however,

individual employees in these classes will receive auto allowance and mileage

reimbursement in accordance with subsection (2) a. above if said individual

employee has not been supplied with a City automobile and is still required to

drive the individual’s personal vehicle as provided for above:

6230 Street Inspector

6231 Senior Street Inspector

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6232 Street Inspection Supervisor

6272 Senior Housing Inspector

6318 Construction Inspector

147. d. Employees in the following classes only shall receive auto allowance of $100.00 per

month and be eligible for a mileage allowance of eight (8) cents per mile:

4260 Real Property Appraiser Trainee

4261 Real Property Appraiser

4265 Senior Real Property Appraiser

4267 Principal Real Property Appraiser

3. Mileage Allowance

148. The City shall provide City vehicles for the use of City employees while traveling in the

course of their duties for the City. In the event such vehicles are not available, the

Appointing Officer may request employees to use their own vehicle for City business.

Employees using their own vehicle for City business shall be reimbursed for expenses

incurred at the rate in accordance with the IRS allowance and for all necessary toll

expenses.

149. Subject to review and approval by the Controller’s Office, additional classes may be

considered for eligibility for the Auto Allowance under Section 2 of this Article by the

Union/City Relations Committee (UCRC).

4. Reimbursement of Required Business-Related Travel Expenses

150. Represented employees who are required by the Appointing Officer or designee to engage

in business-related travel shall be eligible for reimbursement of such eligible travel-

related expenses consistent with the rates established in the Controller’s Office’s Business

Travel Reimbursement Guidelines.

II.L. PARKING PLACARDS FOR CALIFORNIA CHILDREN SERVICES

REHABILITATION PROFESSIONALS

151. The Department of Public Health shall make for the term of the agreement only, at least

two (2) parking placards to be shared by California Children Services Rehabilitation

Professional employees in the following classes who are required by the Department of

Public Health to use their personal car in the course of their work to provide patient care

at the patient’s home or in the community:

2548 Occupational Therapist

2550 Senior Occupational Therapist

2555 Physical Therapist Assistant

2556 Physical Therapist

2558 Senior Physical Therapist

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II.M. PARKING FACILITIES

152. When an employee is required to use a personal automobile for City business the

employee will be reimbursed for parking fees.

153. Parking fees for represented employees will be set and applied in accordance with

Administrative Code Section 4.24.

II.N. CELL PHONE USAGE FOR REHABILITATION PROFESSIONALS

154. The City will provide no fewer than ten cell phones to Rehabilitation Professionals who

work in Home Health or California Children Services. In the event a City cellular phone

is not available, the City agrees to pay for the cost of business related calls made by the

Rehabilitation Professional on the individual’s cellular phone. Employees shall be

required to provide evidence of expenditure to the department in order to receive

reimbursement.

II.O. PERSONNEL FILES

155. Only one (1) official file shall be maintained on any single employee in any one

department. Unless otherwise specified by the department, the official file shall be

located in the departmental personnel office or, in larger departments, at the various

divisional personnel offices of the department.

156. Each employee shall have the right to review the contents of the employee’s file upon

request. Nothing may be removed from the file by the employee but copies of the

contents shall be provided upon request.

157. With the written permission of the employee, a representative of the Union may review

the employee's personnel file when in the presence of a departmental representative and

obtain copies of the contents upon request.

158. An employee shall have the opportunity to review, sign, and date any and all material to

be included in the file. The employee may also attach a response to any and all materials

within thirty (30) days. All material in the file must be signed and dated by the author.

159. Employees may cause to be placed in their personnel files materials reasonably related to

their assigned job duties.

160. No action to impose discipline against an employee shall be initiated more than thirty

(30) days from the date the employer knows of the conduct and has completed a diligent

and timely investigation except for conduct which would constitute the commission of a

crime. The discipline imposed may take into account conduct that is documented in the

employee's personnel file or was the subject of a prior disciplinary action.

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161. At the request of the employee, materials relating to disciplinary actions which are three

(3) or more years old shall be sealed to the extent permissible by law, provided that there

has been no reoccurrence of the conduct on which the discipline was based during that

period. The envelope containing the sealed documents will be retained in the employee’s

personnel file and may be opened for the purpose of assisting the City in defending itself

in legal or administrative proceedings. The sealed material shall not be used in

disciplinary proceedings against the employee. This provision shall not apply to any

discipline for violation of City Equal Employment Opportunity policies.

II.P. DISCIPLINE

162. The City shall have the right to discipline any non-probationary permanent, temporary

civil service, or provisional employee who has served the equivalent of a probationary

period for just cause. As used herein "discipline" shall be defined as discharge,

suspensions and disciplinary demotion.

163. Suspensions, disciplinary demotions and discharges of non-probationary permanent,

temporary civil service and provisional employees, who have served the equivalent of a

probationary period, shall be subject to the following procedure:

164. a. The employee shall receive written notice of the recommended disciplinary

action, including the reasons and supporting documentation, if any, for the

recommendation.

165. b. The employee and any representative shall be afforded a reasonable amount of

time to respond orally or in writing to the management official designated by the

City to consider the reply.

166. c. The employee shall be notified in writing of the decision. The employee's

representative shall receive a copy of this decision.

II.Q. PUC/CIP “PROJECT LABOR AGREEMENT”

167. The parties agree that timely and successful implementation of the PUC’s Capital

Improvement Plan (CIP) projects is among their highest priorities, and that changes in

the terms and conditions of employment set forth in this Agreement that are unique to

CIP projects may facilitate the achievement of their mutual goal. The parties therefore

agree that the Capital Improvement Plan Projects Addendum to this Agreement,

incorporated herein as Appendix C for reference, shall be extended to June 30, 2014.

168. Regarding CIP Projects, the parties agree to meet and confer over all matters within the

mandatory scope of bargaining, and any other matters which they mutually agree to

discuss.

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II.R. SUBSTANCE ABUSE PREVENTION POLICY

169. Attached as Appendix E is the Substance Abuse Prevention Policy (SAPP). Also attached

is a side letter related to the implementation of the SAPP. If pursuant to the side letter

the parties proceed to arbitration, then Arbitrator Carol Vendrillo, shall be retained by the

parties for that arbitration proceeding.

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ARTICLE III: PAY, HOURS AND BENEFITS

III.A. WAGES

170. The wage rates for the employees covered by this agreement shall be rounded to the

nearest whole dollar, biweekly salary.

171. Effective July 1, 2022, represented employees shall receive a base wage increase of

5.25%.

172. Effective July 1, 2023, represented employees shall receive a base wage increase of

2.50%, except that if the March 2023 Joint Report, prepared by the Controller, the

Mayor’s Budget Director, and the Board of Supervisors’ Budget Analyst, projects a

budget deficit for fiscal year 2023-2024 that exceeds $300 million, then the base wage

adjustment due on July 1, 2023, will be delayed by approximately six (6) months, to be

effective January 6, 2024.

173. Effective January 6, 2024, represented employees shall receive a base wage increase of

2.25%, except that if the March 2023 Joint Report, prepared by the Controller, the

Mayor’s Budget Director, and the Board of Supervisors’ Budget Analyst, projects a

budget deficit for fiscal year 2023-2024 that exceeds $300 million, then the base wage

adjustment due on January 6, 2024, will be delayed by approximately six (6) months, to

be effective close of business June 30, 2024.

III.B. ADDITIONAL COMPENSATION

1. Wage Corrections, Adjustments, and Studies

174. In addition to the general wage increases provided for above, additional pay increases and

adjustments shall apply as described in this section.

a. Fire Safety Inspectors

175. 1.) Parity. Fire Safety Inspectors shall receive parity on salary, overtime,

holidays, and educational incentives as it pertains to the H-4 Inspector

classification.

176. 2.) Fire Protection Engineers – Holidays. Fire Protection Engineers (5215) shall

receive compensatory time equal to the computed rate authorized for the H-4

classification. The Fire Department may elect to suspend the compensatory

time for the 5215 classification and replace it with income at the 5215’s rate.

Effective July 1, 2022 the base wage for classification 5215 Fire Protection

Engineer shall be increased by five percent 5%.

177. 3.) Other Matters. Matters of mutual concern may be referred to the Union/City

Relations Committee for further consideration.

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b. Deep Class -- Class 1241

178. 1.) There will be a 9-step salary plan for class 1241.

c. Physician Assistants

179. Employees in class (2218) shall receive the same salary as the Nurse Practitioner

class (2328). In addition, 2218 Physician Assistants shall receive the following

premiums, which are applicable to 2328 Nurse Practitioners:

• shift differential

• standby pay

• quality of care premium

• jail health services premium

• weekend premium

• preceptor and MERT premium

d. Project Management

180. A permanent employee who is assigned by the Appointing Officer as a Project

Manager as described by the specifications for classes 5502, 5504, 5506 or 5508

shall receive the rate of pay of the appropriate project manager classification

during such assignment.

181. All assignments are subject to review and approval by the Human Resources

Director.

182. An employee covered by this Agreement who is assigned to a Project Manager

position shall continue to be represented by Local 21 and shall continue to receive

all of the benefits granted in this Agreement.

e. Information Technology

1.) IS/IT Advisory Committee

183. The City and Union recognize that it is in their mutual interest to provide an

Information Technology work environment that fosters the City’s mission,

encourages efficiency, and values employees’ contributions. The parties also

recognize that the delivery of Information Technology services within the City

is currently being reorganized.

184. To ensure open communications between the Union and the City, the parties

agree to the following:

185. (i) The parties shall form an Information Technology Advisory Committee

which shall include representatives from the City and the Union;

186. (ii) During the reorganization process, the IT Advisory Committee shall meet

upon request of the Union to discuss matters involving the reorganization

of the delivery of technology services;

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187. (iii) The Committee shall continue to meet upon either party’s request to discuss

matters concerning the delivery of Information Technology Services

within the City, including but not limited to an IT Training Academy,

other matters related to core competencies and departmental needs,

evaluation of whether to add extended ranges for classifications, the need

for a classification study and/or addition of new IT classifications, and

availability of promotional opportunities.

2.) Ten (10) Step Salary Schedule for IT Classes

188. For classes in the series 104x, 105x, 106x, 107x and 109x there shall be a ten

(10) step salary plan. Employees below Step ten (10) shall advance to each

successive step upon completion of six months service.

189. 3.) Effective July 1, 2022, there shall be two (2) additional extended ranges, each

at a rate of two and one-half percent (2.5%), for employees in classes 1044

(IS Engineer-Principal) and 1054 (IS Business Analyst-Principal)

190. 4.) Effective July 1, 2022, employees in classes 1061 (IS Program Analyst-

Assistant), 1062 (IS Programmer Analyst), 1063 (IS Programmer Analyst-

Senior) and 1064 (IS Programmer Analyst-Principal) shall receive a one-time

wage adjustment of two and one-half percent (2.5%); and effective July 1,

2023, employees in classes 1061 (IS Program Analyst-Assistant), 1062 (IS

Programmer Analyst), 1063 (IS Programmer Analyst-Senior), and 1064 (IS

Programmer Analyst-Principal) shall receive a one-time wage adjustment of

two and one-half percent (2.5%).

f. EAP Counselors

191. Employees in class 2594 shall be paid at parity with employees in class 2931.

Employees in class 2595 shall be paid at parity with employees in class 2935.

g. Physical Therapists/Occupational Therapists

192. Employees in classes 2556 Physical Therapist, 2548 Occupational Therapist,

2558 Senior Physical Therapist and 2550 Senior Occupational Therapist shall be

eligible for Step 6 after serving two years at Step 5 and will also be eligible for

Step 7 after serving one year at Step 6. Employees shall be eligible for Step 8

after serving one year at Step 7.

h. Physical Therapy Assistants

193. Employees in class 2555 shall be eligible for Step 6 after serving two years at Step

5 and will also be eligible for Step 7 after serving one year at Step 6.

i. Speech Pathologist

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194. Employees in class 2542 Speech Pathologist. Employees shall be eligible for Step

7 after serving two years at Step 6.

j. District Attorney’s Investigative Assistant

195. Effective July 1, 2006, class 8132 District Attorney’s Investigative Assistant shall

be eligible for Step 6 after serving one year of service at Step 5.

k. Legislative Analysts

196. Employees in classes 1367 and 1371 who serve as Legislative Analysts and/or

Senior Legislative Analysts in the Office of the Legislative Analyst shall receive

a seven percent (7%) premium.

l. Construction Inspectors

197. Employees in class 6318 who serve as Resident Engineer shall receive a five

percent (5%) premium while serving in such capacity.

m. Sewage Treatment Plant Superintendents

198. Employees in class 5130 who are in possession of an engineering license shall

receive a five and one-half percent (5.5%) premium.

n. Public Safety Communications Coordinators

199. Effective July 1, 2018, employees in class 8240 shall receive a one-time wage

adjustment of an additional six and forty hundredths percent (6.40%) to their base

wage.

o. Deputy Sealer of Weights and Measures

200. Effective July 1, 2019, employees in class 6222 Deputy Sealer of Weights and

Measures shall receive a one-time wage adjustment of an additional five and four

hundredths percent (5.04%) to their base wage.

p. Supervising Chemists

201. Effective July 1, 2019, employees in class 2488 Supervising Chemist shall receive

a one-time wage adjustment of an additional three and seventy-five percent

(3.75%) to their base wage. Additionally, effective July 1, 2020, employees in

class 2488 Supervising Chemist shall receive another one-time wage adjustment

of an additional three and seventy-five percent (3.75%) to their base wage.

q. Supervising Biologists

202. Effective July 1, 2019, employees in class 2485 Supervising Biologist shall

receive a one-time wage adjustment of an additional three and seventy-five

percent (3.75%) to their base wage. Additionally, effective July 1, 2020,

employees in class 2485 Supervising Biologist shall receive another one-time

wage adjustment of an additional three and seventy-five percent (3.75%) to their

base wage.

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r. Surveyors

203. Effective July 1, 2019, employees in classes 5310 Survey Assistant I, 5312 Survey

Assistant II, and 5314 Survey Associate shall receive a one-time wage adjustment

of an additional one-half percent (0.5%) to their base wage. Additionally,

effective July 1, 2020, employees in classes 5310 Survey Assistant I, 5312 Survey

Assistant II, and 5314 Survey Associate shall receive another one-time wage

adjustment of an additional one-half percent (0.5%) to their base wage.

s1. Engineering Classification Equity

204. Effective July 1, 2022, the base wage increase for the classifications set forth

below shall be increased by one and one half percent (1.5%). Effective July 1,

2023, the base wage for the classifications set forth below shall be increased by

one and one half percent (1.5%).

• 5201 Junior Engineer

• 5203 Assistant Engineer

• 5241 Engineer

• 5211 Senior Engineer/Architect/Landscape Architect

• 5212 Principal Engineer/Architect/Landscape Architect

• 5209 Industrial Engineer

• 5214 Building Plans Engineer

• 5218 Structural Engineer

• 5219 Senior Structural Engineer

• 5174 Administrative Engineer

s2. Engineering Classification Equity

205. Effective July 1, 2022, the base wage for the classification set forth below shall

be increased by two and one half percent (2.5%). Effective July 1, 2023, the base

wage for the classification set forth below shall be increased by two and one half

percent (2.5%).

• 5207 Associate Engineer

t. Human Resources Analyst Series

206. Effective July 1, 2022, the base wage for the classifications set forth below shall

be increased by five percent (5.0%):

• 1241 Personnel Analyst

• 1244 Senior Personnel Analyst

These wage adjustments shall be applied prior to the application of any other wage

increases effective on July 1, 2022.

u. Accountants

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207. Effective July 1, 2022, the base wage for the classifications set forth below shall

be increased by one and one-half percent (1.5%). Effective July 1, 2023, the base

wage for the classifications set forth below shall be increased by two and one-half

percent (2.5%):

• 1649 Accountant Intern

• 1652 Accountant II

• 1654 Accountant III

• 1657 Accountant IV

• 1670 Financial Systems Supervisor

v. Health Program Educator

208. Effective July 1, 2022, the base wage for the classification set forth below shall

be increased by one percent (1.0%). Effective July 1, 2023, the base wage for the

classification set forth below shall be increased by one percent (1.0%):

• 2822 Health Program Educator

w. Senior Health Program Educator

209. Effective July 1, 2022, the base wage for the classification set forth below shall

be increased by one percent (1.0%). Effective July 1, 2023, the base wage for the

classification set forth below shall be increased by one percent (1.0%):

• 2825 Senior Health Program Educator

x. Estate Investigators

210. Effective July 1, 2022, the base wage for the classifications set forth below shall

be increased by two percent (2.0%):

• 4230 Estate Investigator

• 4231 Senior Estate Investigator

y. Architects

211. Effective July 1, 2022, the base wage for the classifications set forth below shall

be increased by one and one-half percent (1.5%) Effective July 1, 2023, the base

wage for the classifications set forth below shall be increased by one and one-half

percent (1.5%):

• 5260 Architectural/Landscape Architectural Assistant I

• 5261 Architectural/Landscape Architectural Assistant II

• 5262 Landscape Architectural Associate I

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• 5265 Architectural Associate I

• 5266 Architectural Associate II

• 5268 Architect

• 5272 Landscape Architectural Associate II

• 5274 Landscape Architect

Effective July 1, 2022, the base wage for the classification set forth below shall

be increased by two and one-half percent (2.5%). Effective July 1, 2023, the base

wage for the classification set forth below shall be increased by two and one-half

percent (2.5%):

• 5120 Architectural Administrator

z. EEO Programs Specialists

212. Effective July 1, 2022, the base wage for the classification set forth below shall

be increased by 8.63%:

• 1233 EEO Programs Specialists

This wage adjustment shall be applied prior to the application of any other wage

increase effective on July 1, 2022.

aa. Administrative Analysts

213. No later than August 1, 2023, the Union and City will meet to study equity for the

1823 and 1824 classifications.

2. Acting Assignment Pay

214. Employees assigned by the Appointing Officer or designee to perform a substantial

portion of the duties and responsibilities of a higher classification shall receive

compensation at a higher salary if all of the following conditions are met:

a. The assignment shall be in writing.

b. The position to which the employee is assigned must be a budgeted position.

c. The employee is assigned to perform the duties of a higher classification for

longer than ten (10) consecutive working days or eighty (80) hours.

215. Upon written approval by the Appointing Officer, beginning on the eleventh (11th) day

of an acting assignment under this section and retroactive to the first (1st) day of the

assignment, an employee shall be paid five percent (5%) above the employee's base salary

but such pay shall not exceed the maximum step of the salary grade of the class to which

temporarily assigned. Premiums based on percent of salary shall be paid at a rate that

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includes out of class pay where the premium is applicable to the class the person is

performing in.

216. Acting assignments are not intended to exceed six (6) months except to the extent required

to backfill a position where the incumbent is on approved leave. When an acting

assignment exceeds six (6) months, the relevant department shall, within fourteen (14)

calendar days, provide a written report to the Department of Human Resources explaining

why the position has not been filled through the merit-based exam process.

217. Disputes regarding eligibility for acting assignment pay under this Section shall be

resolved through expedited arbitration under Section I.E(5)(a) of this Agreement.

3. Acting Assignment Exceptions

218. An employee who believes the employee has been assigned to perform a substantial

portion of the duties and responsibilities of a higher classification even though the Acting

Assignment criteria have not been met shall be entitled to file a claim for acting

assignment pay with the Appointing Officer. The Appointing Officer must respond to the

claim, in writing, within 30 days. If the claim is denied, and the Union wishes to file a

grievance, such grievance must be filed through expedited arbitration under Section

I.E(5)(a) of this Agreement. Back pay shall be limited to the date the employee’s claim

was filed with the Appointing Officer.

219. Requests for classification or reclassification review shall not be governed by this

provision.

4. Supervisory Differential Adjustment

220. The Department of Human Resources is hereby directed to adjust the compensation of a

supervisory employee, whose schedule of compensation is set herein subject to the

following conditions.

221. a. The supervisor, as part of the regular responsibilities of the supervisor’s class,

supervises, directs, is accountable for and is in responsible charge of the work of

a subordinate or subordinates.

222. b. The supervisor must actually supervise the technical content of subordinate work

and possess education and/or experience appropriate to the technical assignment.

223. c. The organization is a permanent one approved by the appointing officer, chief

administrative officer, Board or Department of Human Resources, where

applicable, and is a matter of record based upon review and investigation by the

Department of Human Resources.

224. d. The classifications of both the supervisor and the subordinate are appropriate to

the organization and have a normal, logical relationship to each other in terms of

their respective duties and levels of responsibility and accountability in the

organization.

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225. e. The salary grade of the supervisor is less than one full step (approximately 5%)

over the salary grade, exclusive of extra pay (except Project Management

Assignment Pay or extended ranges), of the employee supervised. In determining

the salary grade of a classification being paid a flat rate, the flat rate will be

converted to a bi-weekly rate and the salary grade the top step of which is closest

to the flat rate so converted shall be deemed to be the salary grade of the flat rate

classification.

226. f. The adjustment of the salary grade of the supervisor shall be 5% over the salary

grade, exclusive of extra pay (except Project Management Assignment Pay), of

the employee supervised. DHR clarification of the application of this paragraph

is hereby incorporated by reference.

227. g. When the salary grade of the supervisor is equal to one full step (approximately

5%) or is over the salary grade, exclusive of extra pay (except Project

Management Assignment Pay), of the employee supervised, but the salary of the

supervisor is less than one full step (approximately 5%) over the salary of the

employee supervised, exclusive of extra pay (except Project Management

Assignment Pay), the Appointing Officer may adjust the supervisor’s step to

increase the supervisor’s salary to be above the salary of the employee supervised,

exclusive of extra pay (except Project Management Assignment Pay).

228. h. A supervisory differential shall be available to employees assigned by the

Appointing Officer to supervise one or more employees in the same classification.

229. i. If the application of this section adjusts the salary grade of an employee in excess

of the employee’s immediate supervisor, the pay of such immediate supervisor

shall be adjusted to an amount $1.00 bi-weekly in excess of the base rate of the

supervisor’s highest paid subordinate, provided that the applicable conditions of

this section are also met.

230. j. Compensation adjustments are effective retroactive to the beginning of the current

fiscal year of the date in the current fiscal year upon which the employee became

eligible for such adjustment under these provisions.

231. k. To be considered, requests for adjustment under the provisions of this section

must be received in the offices of the Department of Human Resources not later

than the end of the current fiscal year.

232. l. In no event will the Human Resources Director approve a supervisory salary

adjustment in excess of two (2) full steps (approximately 10%) over the

supervisor's current basic compensation. If in the following fiscal year a salary

inequity continues to exist, the Department of Human Resources may again

review the circumstances and may grant an additional salary adjustment not to

exceed two (2) full steps (approximately 10%).

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233. m. Human Resources Department shall review any changes in the conditions or

circumstances that were and are relevant to the request for salary adjustment under

this section either acted upon by or pending before the Human Resources Director.

5. Lead Person Pay

234. Employees designated by their supervisor as a lead person shall be entitled to a $15.00

per day premium when required to take the lead on any job when at least three other

persons are assigned to the job.

6. PUC/CIP Planning Function Assignment Pay

235. Employees in the following classifications shall be eligible for special assignment pay

when assigned in writing by the Appointing Officer or designee to a project of the Public

Utilities Commission/Capital Improvement Project (PUC/CIP) that exceeds five million

dollars, and performing work activities which include responsibility for directing

environmental review and regulatory compliance for such projects and their deliverables,

from the planning phase to post- construction:

Planner II (5278) Regulatory Specialist (5620)

Planner III (5291) Utility Specialist (5602)

Planner IV (5293) Biologist I/II (2483)

Environmental Review Planner III (5298)

Environmental Review Planner IV (5299)

236. Qualifying employees shall receive a premium equal to 5% of base salary for hours that

duties described above are actually worked.

237. PUC/CIP planning function assignment pay shall not be available to any employee

receiving supervisory differential adjustment, acting assignment pay, or CIP leadership

pay. Employees assigned to a project manager classification shall not be eligible to

receive this premium.

238. This provision shall expire on June 30, 2024.

7. Supervisory Differential for Classification 2924 Medical Social Work Supervisor

239. Where appropriate in accordance with other provisions of this Section, classification 2924

Medical Social Work Supervisor shall receive a 5% supervisory differential, when as part

of the regular responsibilities of the supervisor’s class the supervisor supervises, directs,

is accountable for and is in responsible charge of the work of a subordinate or

subordinates whose salary grade, exclusive of extra pay, is less than 5% below

compensation of the 2924 Medical Social Work Supervisor.

8. Licensed Civil/Geotechnical/Structural Engineers

a. Licensed Civil/Structural Engineers

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240. Licensed Civil Engineers in Engineering classifications who also possess and

maintain a structural engineer's license issued by the State of California and who

are assigned structural engineering work shall be paid a premium of two (2) steps

in addition to their current rate of pay when so assigned as certified in writing by

the appointing officer.

b. Licensed Civil/Geotechnical Engineers

241. Licensed Civil Engineers in the following Engineering classifications, 5207,

5241, 5211, and 5212, who also possess and maintain a geotechnical engineer's

license issued by the State of California and who are assigned geotechnical work

shall be paid a premium of two (2) steps in addition to their current rate of pay

when so assigned as certified in writing by the appointing officer.

9. Certificate of Competency

242. Employees in classes 5220 and 5222 who possess a certificate of competency from the

State Water Resources Control Board shall receive a four percent (4%) premium payment

in addition to the employee’s basic wage. Any employee, including those in class 6106,

who is receiving this premium on June 30, 2001 shall continue to receive the premium

during the life of this agreement.

243. Employees assigned to the 2478 Senior Sewage Treatment Chemists class or its successor

class who are required by the City to possess a Certificate of Competency by the State

Water Resources Control Board in order to perform their job duties shall continue to

receive $25.00 per pay period in addition to the employee’s basic wage for the life of this

agreement.

10. Bilingual Premium

244. Subject to Department of Human Resources approval, employees who are certified as

bilingual and who are assigned to perform bilingual services shall receive a bilingual

premium of sixty dollars ($60) per pay period. For purposes of this section, “bilingual”

means the ability to interpret and/or translate non-English languages including sign

language for the hearing impaired and Braille for the visually impaired, and “certified”

means the employee has successfully passed a language proficiency test approved by the

Director of Human Resources.

245. Effective January 1, 2020, at the City’s discretion, the City may require an employee to

recertify not more than once annually to continue receiving a bilingual premium.

11. Advanced Appraiser Certification Premium

246. Employees in classes 4220 Tax Auditor-Appraiser, 4222 Senior Tax Auditor-Appraiser,

4224 Principal Tax Auditor-Appraiser, 4261 Real Property Appraiser, 4265 Senior Real

Property Appraiser and 4267 Principal Real Property Appraiser who are employed by the

Office of the Assessor-Recorder and possess and maintain any or all of the following

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advanced appraiser certificates shall receive a lump sum payment of two thousand dollars

($2000) for each fiscal year the certification is maintained:

1) An Advanced Appraisers Certificate issued by the California State Board of

Equalization; or

2) A Certified General Appraiser certificate issued by the California Office of Real

Estate Appraisers; or

3) An “MAI” designation issued by the Appraisal Institute

247. The lump sum payment shall be paid out annually on the first pay period beginning on or

after July 1st.

12. Certified Hand Therapist Premium

248. Employees in the classifications 2548 Occupational Therapist, 2550 Senior Occupational

Therapist, 2556 Physical Therapist and 2558 Senior Physical Therapist who possess and

maintain on file proof of certification as a Certified Hand Therapist and who are assigned

by the Appointing Authority to perform hand therapy work shall be paid a five percent

(5.0%) premium payment on base pay while engaged in hand therapy work.

13. EEO Premium

249. Employees in class 1231 Assistant Manager, Equal Employment Opportunity Programs,

in the Department of Human Resources Equal Employment Opportunity Division who

are assigned to review the work of departmental Equal Employment Opportunity officers

(class 1231 or higher) for compliance with Human Resources Director's procedures for

investigation or resolution of employment discrimination complaints or for reasonable

accommodation of employees with disabilities shall receive a premium equal to five

percent (5.0%) of base pay.

14. Legislative Assistant Premium

250. Appointments in class 1835 Legislative Assistant above Step 1 may only be made by an

Appointing Officer with the approval of the Human Resources Director and only if the

appointment would result in a loss of compensation if the appointee were to accept the

position at Step 1.

251. Employees in class 1835 Legislative Assistant whose performance in that job class has

been satisfactory to the City for at least four consecutive years, with at least one year of

satisfactory service at Step 5, shall receive a premium equal to 5.0% of base pay.

214a. Effective July 1, 2016, class 1835 Legislative Assistant shall receive a 2.5% wage

increase in addition to the general wage increase provided for under Section III.A. Wages.

15. Housing Inspector Certification Premium

252. Employees in the classifications 6270 Housing Inspector, 6272 Senior Housing Inspector

and 6274 Chief Housing Inspector who possess and maintain any of the following

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certifications shall be granted additional premium pay as follows above the base rate per

hour for each certification. The combined total of these premiums shall not exceed 4.0%:

1) ICC Property Maintenance and Housing Inspector 2.0%

2) ICC Residential Building Inspector or Building Inspector 2.0%

3) ICC Building Code Accessibility Specialist 2.0%

4) State of California Registered Environmental Health Specialist 2.0%

16. OSHPD Premium

253. Employees in an Architectural, Engineering or related classification who possess and

maintain an OSHPD certification issued by the State of California and who are assigned

by the Appointing Authority and performing engineering work requiring the use of an

OSHPD certification shall be paid a five percent (5.0%) premium on base pay.

17. Public Safety Communication Coordinator Premium

254. Employees in class 8240 Public Safety Communications Coordinator who possess and

maintain one or more of the following shall be paid a four percent (4.0%) premium on

base pay:

1) AA or AS degree in public safety, business or related field; or

2) BA or BS degree in public safety, business or related field; or

3) Ten (10) years of service in the public safety field and completion and

maintenance of the following ongoing training requirements: a) CPR certification;

b) Emergency Medical Dispatcher Certification through the National Academy of

Emergency Dispatch; and c) Emergency Fire Dispatcher Certification through the

National Academy of Emergency Dispatch.

18. Purchasing Manager Certification Premium

255. Employees in classes 1950 Assistant Purchaser, 1952 Purchaser, 1956 Senior Purchaser

and 1958 Supervising Purchaser who possess and maintain certification for any or all of

the following shall receive a three percent (3.0%) premium payment on base pay:

1) Certified Purchasing Manager (CPM) issued by the Institute of Supply

Management

2) Certified Professional in Supply Management (CPSM) issued by the Institute of

Supply Management

3) Certified Professional Public Buyer (CPPB) issued by the National Institute of

Governmental Purchasing

4) Certified Public Purchasing Officer (CPPO) issued by the National Institute of

Governmental Purchasing

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19. Standby Pay

256. Employees who receive this premium shall respond immediately when paged or called.

Employees who, as part of the duties of their positions are required by the appropriate

employer representative to stand by when normally off duty to be instantly available on

call to perform their regular duties, shall be paid 10% of base pay for the period of such

standby service when outfitted by their Department with a cell phone or other electronic

communication device. When such employees are paged or called to perform their regular

duties during the period of such standby service, they shall be paid their usual rate of pay

for either a quarter hour or the actual time worked, whichever is greater, while engaged

in such service. For Z-symbol employees, standby pay shall not be allowed unless the

employee is assigned in writing to standby for emergencies that directly threaten the

health or safety of the public and/or City employees or that relate to the City’s information

and communication systems. Employees reporting directly to Department Heads are not

eligible for standby pay.

257. The standby rate for Class 2218 Physician Assistant shall be the same as that for Class

2328 Nurse Practitioner

20. Call Back

258. Employees (except those at remote locations where City supplied housing has been

offered, or who are otherwise being compensated) who are called back to their work

locations following the completion of their work day and departure from their place of

employment, shall be granted a minimum of four (4) hours pay at the applicable rate or

shall be paid for all hours actually worked at the applicable rate, whichever is greater.

This section shall not apply to employees who are called back to duty when on stand-by

status. The employee's work day shall not be adjusted to avoid the payment of this

minimum.

21. Night Duty

259. Employees shall be paid eight percent (8%) more than the base rate for each hour worked

between 5:00 p.m. and 7:00 a.m. provided that the employees’ regular shift includes at

least one (1) hour between 5:00 p.m. and 7:00 a.m., except for those employees

participating in an authorized flex-time program and who voluntarily work between the

hours of 5:00 p.m. and 7:00 a.m.

260. Employees shall be paid ten percent (10%) more than the base rate for each hour worked

between the hours of midnight (12:00 a.m.) and 7:00 a.m. provided that the employees’

regular shift includes at least five (5) hours between the hours of midnight (12:00 a.m.)

and 7:00 a.m.

22. County Surveyor Premium

261. If assigned in writing by the Director of Public Works to carry out the duties and

responsibilities of the County Surveyor, an employee in this assignment will receive a

five percent (5%) premium payment in addition to the employee’s basic wage during the

duration of that assignment.

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23. Underwater Diver Pay

262. Represented employees shall be paid $12.00 per hour more than the base hourly rate,

exclusive of any additional compensation for other assignments, when assigned and

actually engaged in duties and operations requiring underwater diving, or while actually

providing on site supervision of an underwater dive as a part of the PUC’s dive operations

or supervising the critical planning phases of an underwater dive as part of the PUC’s

dive operations.

24. MTA Performance/Attendance Incentive Pay

263. The Municipal Transportation Agency (MTA) and the Union agree that represented

employees at the MTA are eligible for any reward program that the MTA may choose to

establish for those employees pursuant to Charter Section 8A.100 for the purpose of

incentivizing the attainment of service, performance and/or attendance goals.

25. Extended Ranges

264. 1. Employees in classifications listed in the paragraph below shall be eligible for

placement in an extended salary range with a value not to exceed 7.5% of the top step

of the classification’s existing salary range.

265. 2. The following classifications are eligible for placement in an extended salary range

under this section:

a. IS Engineer-Principal (1044)

b. IS Business Analyst-Principal (1054)

c. IS Programmer Analyst-Principal (1064)

d. IS Project Director (1070)

e. Equal Employment Opportunity Programs Senior Specialist (1231)

f. Training Officer (1232)

g. Principal Personnel Analyst (1246)

h. Public Relations Officer (1314)

i. Senior Systems Accountant (1657)

j. Financial Systems Supervisor (1670)

k. Supervising Auditor (1686)

l. Senior Statistician (1806)

m. Principal Administrative Analyst II (1825)

n. Performance Analyst III - Project Manager (1830)

o. Supervising Purchaser (1958)

p. Physician’s Assistant (2218)

q. Forensic Toxicologist (2458)

r. Laboratory Services Manager (2489)

s. Health Program Coordinator III (2593)

t. Senior Employee Assistance Counselor (2595)

u. Volunteer/Outreach Coordinator (3374)

v. Principal Real Property Officer (4143)

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w. Principal Personal Property Auditor (4224)

x. Principal Real Property Appraiser (4267)

y. Sewage Treatment Plant Superintendent (5130)

z. Safety Officer (5177)

aa. Industrial Engineer (5209)

bb. Principal Engineer (5212)

cc. Chief Surveyor (5216)

dd. Principal Architect (5273)

ee. Planner V (5283)

ff. Traffic Sign Manager (5306)

gg. Project Manager I-IV (5502-5508)

hh. Principal Environmental Specialist (5644)

ii. Senior Industrial Hygienist (6139)

jj. Chief Housing Inspector (6274)

kk. District Attorney Investigative Assistant (8132)

ll. Legal Assistant (8173)

mm. Signal & Systems Engineer (9197)

nn. Feasibility Analyst, Port (9377)

oo. Senior Property Manager, Port (9386)

266. 3. The parties may agree to provide extended salary ranges for additional classifications;

provided, however, that extended ranges shall be limited to those classes where there

is no further in-unit promotive opportunity.

267. 4. Subject to the requirements set forth in this section, Appointing Officers may seek

approval to place incumbent employees at a rate of pay in an extended range based

on consideration of whether the adjustment would serve one or more of the following

purposes:

a) to address demonstrated recruitment or retention issues;

b) to compensate an employee exercising a special skill;

c) to compensate for a special project of limited duration; and/or

d) to recognize exemplary performance.

268. 5. Subject to the requirements as set forth in this section, Appointing Officers may select

employees in the above eligible classifications for temporary placement in an

extended range. For example, employees may be temporarily placed in an extended

range to compensate for assignment to a special project of limited duration; placement

in an extended range would be granted for the duration of that special assignment

only.

269. 6. Placement in an extended salary range shall be assigned in increments of 2.5% above

base pay (i.e., placement may be at 2.5%, 5.0% or 7.5% above base pay), set at the

nearest existing salary grade, not to exceed 7.5% above base pay.

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270. 7. The Department of Human Resources shall verify that employees selected for

placement in an extended range under this section satisfy the foregoing criteria upon

written certification by the Appointing Officer detailing the basis for the placement.

271. 8. Placement in extended salary ranges under this section shall be funded through

Departmental budgets, and shall require certification by the Controller’s Office and

the Mayor’s Budget Office that adequate funds are available.

272. 9. Employees placed in an extended range under this section shall not be eligible to

receive additional pay under any of the following:

a. The Pilot Capital Project Incentive Program pursuant to the Capital Projects

MOU Addendum (Appendix C of this Agreement); or

b. Leadership Pay or Special Skills Pay pursuant to the Capital Projects MOU

Addendum (Appendix C of this Agreement); or

c. Acting Assignment Pay pursuant to section III.B of this Agreement; or

d. Supervisory Differential Adjustment section III.B of this Agreement.

273. 10. The City and the Union agree to work cooperatively to ensure the success of this

program.

274. 11. Placements in extended ranges under this section are discretionary. The granting or

failure to grant placement in an extended range is not subject to the grievance

procedure or any other type of appeal.

III.C. SALARY STEP PLAN AND SALARY ADJUSTMENT

275. Appointments to positions in the City and County service shall be at the entrance rate

established for the position except as otherwise provided herein.

1. Promotive Appointment in a Higher Class

276. An employee who has completed a probationary period and who is appointed to a position

in a higher classification, either permanent or temporary, deemed to be promotive by the

Civil Service Commission shall have the employee’s salary adjusted to that step in the

promotive class as follows:

277. a. The employee shall receive a salary step in the promotive class which is closest

to an adjustment of ten percent (10%) above the salary received in the class from

which promoted. The proper step shall be determined in the bi-weekly

compensation grade and shall not be above the maximum of the salary range of

the promotive class. The promotive appointment date shall be the employee’s new

salary anniversary date.

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2. Non-promotive Appointment

278. When an employee accepts a non-promotive appointment in a classification having the

same salary grade, or a lower salary grade, the appointee shall enter the new position at

that salary step which is the same as that received in the prior appointment, or if the salary

steps do not match, then the salary step which is immediately in excess of that received

in the prior appointment, provided that such salary shall not exceed the maximum of the

salary grade. Further increments shall be based upon the seniority increment anniversary

date in the prior appointment.

3. Appointment Above Entrance Rate

279. Appointments may be made by an appointing officer at any step in the salary grade upon

the approval of the Human Resources Director under one or more of the following

conditions:

280. a. A former permanent City employee, following resignation with service

satisfactory, is being reappointed to a permanent position in the employee’s

former classification.

281. b. Loss of compensation would result if appointee accepts position at the normal

step.

282. c. A severe, easily demonstrated and documented recruiting and retention problem

exists.

283. d. The appointee possesses special experience, qualifications, and/or skills

including, but not limited to, the number of years performing similar work

elsewhere which, in the Appointing Officer’s opinion, warrants appointment

above the entrance rate.

284. e. When the Human Resources Director approves appointments of all new hires in

a classification at a step above the entrance rate, the Human Resources Director

may advance to that step incumbents in the same classification who are below that

step.

4. Reappointment Within Six Months

285. A permanent employee who resigns and is subsequently reappointed to a position in the

same classification within six (6) months of the effective date of resignation shall be

reappointed to the same salary step that the employee received at the time of resignation.

5. Compensation Adjustments

a. Salary Increase in Next Lower Rank Classification.

286. When a classification that was formerly a next lower rank in a regular civil service

promotional examination receives a salary grade higher than the salary grade of

the classification to which it was formerly promotive, the Department of Human

Resources shall authorize a rate of pay to an employee who was promoted from

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such lower class equivalent to the salary the employee would have received had

the employee remained in such lower class, provided that such employee must

file with the Department of Human Resources an approved request for

reinstatement in accordance with the provisions of the Civil Service Commission

rule governing reinstatements to the first vacancy in the employee’s former

classification, and provided further that the increased payment shall be

discontinued if the employee waives an offer of promotion from the employee’s

current classification or refuses an exempt appointment to a higher classification.

This provision shall not apply to offers of appointment which would involve a

change of residence.

287. The special rate of pay herein provided shall be discontinued if the employee fails

to file and compete in any promotional examination for which the employee is

otherwise qualified, and which has a salary grade higher than the protected salary

of the employee.

b. Flat Rate Converted to Salary Range.

288. An employee serving in a class in the prior fiscal year at a flat rate which flat rate

is changed to a salary grade number during the current fiscal year shall be paid on

the effective date of such change the step in the current salary grade closest to, but

not below, the prior flat rate and shall retain the original anniversary date for

future increments, when applicable.

c. Continuation of Salary Step Earned Under Temporary Appointment.

289. When an employee is promoted under temporary appointment to a higher

classification during a prior fiscal year and is continued in the same classification

without a break in service in the current fiscal year, or is appointed to a permanent

position in the same classification, such appointment shall be in accordance with

the provisions of this MOU, provided that the salary shall not be less than the

same step in the salary grade the employee received in the immediately prior

temporary appointment.

d. Salary Anniversary Date Adjustment.

290. Permanent employees working under provisional, exempt or temporary

appointments in other classifications shall have their salary adjusted in such other

classifications when such employees reach their salary anniversary date in their

permanent class unless their provisional, exempt or temporary appointment was a

promotive appointment, in which case the salary anniversary date is the date of

the employee’s promotion.

6. Compensation Upon Transfer or Reemployment

a. Transfer.

291. An employee transferred from one department to another, but in the same

classification, shall transfer at the employee’s current salary, and if the employee

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is not at the maximum salary for the class, further increments shall be allowed

following the completion of the required service based upon the seniority

increment anniversary date in the former department.

b. Reemployment in Same Classification Following Layoff.

292. An employee who has acquired permanent status in a position and who is laid off

because of lack of work or funds and is re-employed in the same class after such

layoff shall be paid the salary step attained prior to layoff.

c. Reemployment in an Intermediate Classification.

293. An employee who has completed the probationary period in a promotive

appointment that is two or more steps higher in an occupational series than the

permanent position from which promoted and who is subsequently laid off and

returned to a position in an intermediate ranking classification shall receive a

salary based upon actual permanent service in the higher classification, unless

such salary is less than the employee would have been entitled to if promoted

directly to the intermediate classification. Further increments shall be based upon

the increment anniversary date that would have applied in the higher

classification.

d. Reemployment in a Formerly Held Classification.

294. An employee who has completed the probationary period in an entrance

appointment who is laid off and is returned to a classification formerly held on a

permanent basis shall receive a salary based upon the original appointment date

in the classification to which the employee is returned. An employee who is

returned to a classification not formerly held on a permanent basis shall receive a

salary step in the salary grade for the classification closest to, but not below, the

prior salary amounts, provided that salary shall not exceed the maximum of the

salary grade.

III.D. METHODS OF CALCULATION

1. Monthly

295. An employee whose compensation is fixed on a monthly basis shall be paid monthly or

bi-weekly in accordance with State Law or other applicable provision. There shall be no

compensation for time not worked unless such time off is authorized time off with pay.

2. Bi-Weekly

296. An employee whose compensation is fixed on a bi-weekly basis shall be paid the bi-

weekly salary for the employee’s position for work performed during the bi-weekly

payroll period. There shall be no compensation for time not worked unless such time off

is authorized time off with pay.

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3. Per Diem or Hourly

297. An employee whose compensation is fixed on a per diem or hourly basis shall be paid the

daily or hourly rate for work performed during the bi-weekly payroll period on a bi-

weekly pay schedule. There shall be no compensation for time not worked unless such

time off is authorized time off with pay.

4. Weekly

298. An employee whose compensation is fixed on a weekly basis shall be paid bi-weekly for

work performed during the bi-weekly payroll period. There shall be no compensation for

time not worked unless such time off is authorized time off with pay.

5. Conversion of Annual or Monthly Rates to Semimonthly or Bi-Weekly

299. When rates of compensation provided on an annual or monthly basis are converted to bi-

weekly rates for payroll purposes and the resulting amount involves a fraction of a cent,

the converted bi-weekly rate shall be adjusted to eliminate such fraction of a cent on the

following basis:

a. A fraction of less than one-half (1/2) shall be dropped and the amount reduced to

the next full cent.

b. A fraction of one-half (1/2) or more shall be increased to the next full cent.

6. Daily Rates for Monthly and Bi-Weekly

300. A day's pay shall be determined by dividing the number of work days in a normal work

schedule in a monthly payroll period (including specified holidays) into the monthly

salary established for the position, or the amount of a day's pay shall be 1/10th of the

compensation of a normal work schedule in a bi-weekly period (including specified

holidays).

7. Conversion to Bi-Weekly Rates

301. Rates of compensation established on other than bi-weekly basis may be converted to bi-

weekly rates by the Controller for payroll purposes.

III.E. FLEXIBLE STAFFING

302. Flexible Staffing Program allows for promotion and career advancement of qualified and

successful incumbents. Departments are encouraged to consider the Flexible Staffing

Program whenever possible. The Flexible Staffing Program is governed by the Civil

Service Rules and not subject to the grievance procedure.

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III.F. SENIORITY INCREMENTS

1. Advancement Through Salary Steps

303. a. Except as specifically provided in Section III.B., permanent employees shall

advance to each successive step upon completion of one (1) year of required

service.

304. Employees who enter a classification at a rate of pay at other than the first step shall

advance one step upon completion of the one (1) year required service. Further

increments shall accrue following completion of the required service at this step and at

each successive step.

2. Date Increment Due

305. Increments shall accrue and become due and payable on the next day following

completion of required service as an employee in the class, unless otherwise provided

herein.

3. Schedule of Salary Increments

306. The schedule of seniority increments will be set forth in, and is hereby made a part of,

Appendix B (Schedules of Compensation).

4. Exceptions

307. a. An employee's scheduled step increase may be denied if the Appointing Officer

or designee determines that the employee's performance has been unsatisfactory.

In the absence of a recommendation to deny a step increase, an employee shall

receive the scheduled step increase. The Appointing Officer shall provide an

affected employee at least sixty (60) calendar days’ notice prior to the employee’s

salary anniversary date of any intent to withhold a step increase and the basis for

such withholding. However, if unsatisfactory performance occurs within the sixty

(60) days before the employee’s salary anniversary date, the Appointing Officer

shall provide the notice and basis for the intent to withhold a step increase within

a reasonable time.

308. b. The denial of a step increase is subject to the grievance procedure. An employee’s

performance evaluation(s), and any facts underlying the performance

evaluation(s) or other relevant information, maybe used as evidence by either

party in an expedited grievance arbitration; provided, however, that nothing in

this section is intended to or shall make performance evaluations subject to the

grievance procedure.

309. c. An employee shall not receive a salary adjustment based upon service as herein

provided if the employee has been absent by reason of suspension or on any type

of leave without pay (excluding a military, educational, or industrial accident

leave) for more than one-sixth of the required service in the anniversary year,

provided that such employee shall receive a salary increment when the aggregate

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time worked since the employee’s previous increment equals or exceeds the

service required for the increment, and such increment date shall be the

employee’s new anniversary date; provided that time spent on approved military

leave or in an appointive or promotive position shall be counted as actual service

when calculating salary increment due dates.

310. d. When records of salary grade are established and maintained by electronic data

processing, then the following shall apply:

311. 1.) An employee certified to permanent appointment or appointed to a permanent

position exempt from Civil Service, shall be compensated under such

appointment at the beginning step of the salary grade plan, unless otherwise

specifically provided for in the MOU. Employees under permanent Civil

Service appointment shall receive salary adjustments through the steps of the

salary grade plan by completion of actual paid service in total scheduled hours

equivalent to one year or six months, whichever is applicable.

312. 2.) Paid service for this purpose is herein defined as exclusive of any type of

overtime but shall include military or educational leave without pay.

313. e. Advancement through the increment steps of the salary grades shall accrue and

become due and payable on the next day following completion of required service

as a permanent appointee in the class; provided that the above procedure for

advancement to the salary grade increment steps is modified as follows:

314. 1.) An employee who during that portion of the employee’s anniversary year prior

to January 1 of the current calendar year, is absent without pay for a period

less than one-sixth of the time required to earn the next increment will have

such absence credited as if it were paid service for the purposes of calculating

the date of the increment due during the current calendar year.

315. 2.) An employee who during that portion of the employee’s anniversary year prior

to January 1 of the current calendar year, is absent without pay for a period in

excess of one-sixth of the time required to earn the next prior increment will

be credited with actual paid service prior to January 1 of the current calendar

year.

5. Receipt of Paychecks

316. The City agrees to take all reasonable non-cost measures to reduce the delay between the

last day of the pay period and the receipt of paychecks.

III.G. WORK SCHEDULES

1. Regular Work Schedules

a. Regular Work Day.

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317. Unless otherwise provided in this Agreement, a regular workday is a tour of duty of eight

(8), consecutive hours of work completed within not more than nine (9) hours.

b. Regular Work Week.

318. A regular workweek is a tour of duty of worked hours on each of five (5) consecutive

days within a seven day period. However, employees who are moving from one shift or

one work schedule to another may be required to work in excess of five consecutive

working days in conjunction with changes in their work shifts or schedules.

319. Employees shall receive no compensation when properly notified (2-hour notice) that

work applicable to the classification is not available because of inclement weather

conditions, shortage of supplies, traffic conditions, or other unusual circumstances.

Employees who are not properly notified and report to work and are informed no work

applicable to the classification is available shall be paid for a minimum of two hours.

320. Employees who begin their shifts and are subsequently relieved of duty due to the above

reasons shall be paid a minimum of four hours, and for hours actually worked beyond

four hours, computed to the nearest one-quarter hour.

2. Flexible Work Schedule

321. All classifications of employees having a normal workday may, with the appointing

authority’s permission voluntarily work in a flex-time program authorized by the

appointing officer under the following conditions:

322. a. The employee must work five (5) days a week and forty (40) hours per week.

323. b. The employee must execute a document stating that the employee is voluntarily

participating in a flex-time program. Such changes in the work schedule shall not

alter the basis for, nor entitlement to, receiving the same rights and privileges as those

provided to employees on a “Regular Work Week” as defined in Section III.F(1)

above. This provision shall not be grievable or arbitrable.

3. Alternate Work Schedule

324. By mutual agreement the City and the Union may enter into cost equivalent alternate

work schedules for some or all represented employees. Such alternate work schedules

may include full-time work weeks of less than five (5) days; or a combination of features

mutually agreeable to the parties. Requests for alternate work schedules shall not be

denied in an arbitrary or capricious manner. Such changes in the work schedule shall not

alter the basis for, nor entitlement to, receiving the same rights and privileges as those

provided to employees on five (5) day, forty (40) hour a week schedules. A “Regular

Work Week” as defined in Section III.F(1) above.

4. Voluntary Reduced Work Week

325. Employees subject to approval by an appropriate employer representative may

voluntarily elect to work a reduced work week for a specified period of time. Such

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reduced work week shall not be less than twenty (20) hours per week nor less than three

(3) continuous months during the fiscal year. Pay, vacation, holidays and sick pay shall

be computed proportionately in accordance with such reduced work week.

5. Voluntary Time Off Program (“VTOP”)

326. The mandatory furlough provisions of CSC Rule 120.28 shall not apply to covered

employees.

6. General Provisions

327. Upon receipt of a projected deficit notice from the Controller, an appointing officer shall

attempt to determine, to the extent feasible and with due consideration for the time

constraints which may exist for eliminating the projected deficit, the interest of employees

within the appointing officer’s jurisdiction in taking unpaid personal time off on a

voluntary basis.

328. The appointing officer shall have full discretion to approve or deny requests for voluntary

time off based on the operational needs of the department and any court decrees or orders

pertinent thereto. The decision of the appointing officer shall be final except in cases

where requests for voluntary time off in excess of ten (10) working days are denied.

7. Restrictions on Use of Paid Time Off while on Voluntary Time Off

329. All voluntary unpaid time off granted pursuant to this section shall be without pay.

330. Employees granted voluntary unpaid time off are precluded from using sick leave with

pay credits, vacation credits, compensatory time off credits, floating holidays, training

days or any other form of pay for the time period involved.

8. Duration and Revocation of Voluntary Unpaid Time Off

331. Approved voluntary time off taken pursuant to this section may not be changed by the

appointing officer without the employee’s consent.

9. Notice of Change in Work Schedule

332. Except in cases of emergency, when management initiates a change in an employee's

work schedule, management will use best efforts to provide two (2) weeks advance

notice, and at a minimum, at least seventy-two (72) hours’ notice will be given whenever

practicable.

III.H. OVERTIME COMPENSATION AND COMPENSATORY TIME

333. Appointing officers may require employees to work longer than the normal workday or

longer than the normal workweek. For full time employees, any time worked under

proper authorization of the appointing officer or designee or any hours suffered to be

worked in excess of the regular or normal workday or workweek shall be treated as

follows:

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334. The Department of Human Resources shall determine whether work in excess of eight

(8) hours a day performed within a sixteen (16) hour period following the end of the last

preceding work period shall constitute overtime or shall be deemed to be work scheduled

on the next work day.

335. For purposes of this Article, the terms: “time worked", “hours worked”, or “actual hours

worked” includes time actually worked and time paid but not worked on recognized City

holidays identified in Article III.I. paragraph 350.

336. Employees occupying executive, administrative, or professional positions designated by

a “Z” symbol in the Annual Salary Ordinance shall not be paid for overtime worked but

shall be granted compensatory time off at the rate of one-and-one-half times for time

worked in excess of regular work schedules as defined in this Article. However, as

authorized by and pursuant to the restrictions of the Annual Salary Ordinance, the “Z”

symbol may be suspended to allow overtime payment, subject to the availability of funds,

and pursuant to approval of the Director of Human Resources. The “Z” symbol may be

suspended for individual positions in a classification. Employees in positions whose “Z”

symbol has been suspended may not earn/accrue compensatory time for the duration of

the suspension of the “Z” symbol.

1. Non-Z Designated Classifications:

Employees classified Non-Z or L are compensated for overtime subject to the

following:

337. a. For employees working a regular 8-hour per day schedule, overtime at one and one-

half the base hourly rate (including a night differential where applicable) for

actual hours worked in excess of 8 hours in a day or for hours worked in excess

of 40 in a week;

338. b. For employees working a flex-time schedule as described above, overtime at one and

one-half the base hourly rate (including a night differential where applicable) for

actual hours worked in excess of 40 in a week;

339. c. For employees working alternative schedules as described above, overtime at one

and one-half the base hourly rate (including a night differential where applicable)

for hours worked in excess of the number of hours in a workday as set forth in an

alternative work schedule or for actual hours worked in excess of 40 hours in a

week. Overtime for employees working a 9/80 schedule is based on the FLSA

workweek designated in such a schedule.

340. d. Those employees subject to the provisions of the Fair Labor Standards Act who

are required or suffered to work overtime shall be paid in salary unless the

employee and the Appointing Officer mutually agree that in lieu of paid overtime,

the employee shall be compensated with compensatory time off. Compensatory

time shall be earned at the rate of time and one-half.

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341. e. Effective July 1, 2019, employees in Non-Z or L designated job classifications

may not accumulate a balance of compensatory time in excess of one hundred

twenty (120) hours. Any employees who have a compensatory time balance in

excess of one hundred twenty (120) hours on July 1, 2019 may maintain their

compensatory balances, but may not accrue any additional compensatory time

until their balance drops below one hundred twenty (120) hours.

342. f. Employees in Non-Z or L designated job classifications may not earn more than one

hundred twenty (120) hours of compensatory time in a fiscal year.

343. g. When an employee is appointed to a position in another department, the

employee’s entire compensatory time balances shall be paid out at the rate of the

underlying classification prior to appointment.

344. h. When an employee is appointed to a position in a higher, Non-Z or L designated

classification or is appointed to a position in a Z- designated classification, the

employee’s entire compensatory time balances shall be paid out at the rate of the

lower classification prior to promotion.

345. i. When overtime is necessary, it shall be distributed fairly, subject to employee

qualifications and availability.

2. Z-Designated Classifications

346. Except as otherwise required by the Fair Labor Standards Act, compensatory time may

be accrued as follows:

347. a. An employee shall not maintain a balance of more than one hundred sixty (160)

hours of compensatory time.

348. Compensatory time earned will be reported to each employee.

349. In order to allow employees the opportunity to take compensatory time off (CTO), upon

receipt of such notice of accrual of one hundred and sixty (160) hours of accrued

compensatory time, the employee shall request days off as CTO within the next three (3)

to six (6) month period. The department shall not unreasonably deny a CTO request

pursuant to this paragraph. CTO will be taken in full workday blocks unless an alternative

is mutually agreed upon. Scheduling shall be by mutual agreement.

350. Compensatory time cannot be cashed out. Exceptions to normal work schedules for

which no extra compensation is authorized may be granted in accordance with section

1.3 of the Annual Salary Ordinance.

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3. Part-Time Employees

351. Part-time employees shall not be entitled to overtime compensation or time off for work

performed in excess of their specified normal hours until they exceed eight (8) hours per

day or forty (40) hours per week.

III.I. FAIR LABOR STANDARDS ACT

352. To the extent that the Agreement fails to afford employees the overtime or compensatory

time off benefits to which they are entitled under the Fair Labor Standards Act, the

Agreement is amended to authorize and direct all City Departments to ensure that their

employees receive, at a minimum, such Fair Labor Standards Act Benefits.

III.J. HOLIDAYS

353. Except when normal operations require, or in an emergency, employees shall not be

required to work on the following days hereby declared to be holidays for such

employees:

January l (New Year’s Day)

the third Monday in January (Martin Luther King, Jr.’s Birthday)

the third Monday in February (President’s Day)

the last Monday in May (Memorial Day)

June 19 (Juneteenth)

July 4 (Independence Day)

the first Monday in September (Labor Day)

the second Monday in October (Indigenous Peoples Day, Italian American Heritage

Day)

November 11 (Veteran’s Day)

Thanksgiving Day

the day after Thanksgiving

December 25 (Christmas Day)

354. Provided further, if January l, June 19, July 4, November 11 or December 25 falls on a

Sunday, the Monday following is a holiday.

355. The City shall accommodate religious belief or observance of employees as required by

law.

356. Employees shall be granted floating holidays as set forth below:

357. Five (5) floating days off (forty (40) hours) to be taken on days selected by the employee

subject to prior scheduling approval of the appointing officer. Floating Holidays may be

taken in hourly increments up to and including the number of hours contained in the

employee’s regular shift. Employees (both full-time and part-time) establish initial

eligibility for the floating days off upon appointment. Floating Holidays received in one

fiscal year but not used shall be carried forward to the next succeeding fiscal year. The

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maximum number of floating holidays carried forward to a succeeding fiscal year shall

not exceed the total number of floating holidays received in the previous fiscal year, and

at no time shall employees be able to accumulate more than 80 hours of floating holidays.

No compensation of any kind shall be earned or granted for floating days off not taken.

358. In addition, any day declared to be a holiday by proclamation of the Mayor after such day

has heretofore been declared a holiday by the Governor of the State of California or the

President of the United States.

359. For those employees assigned to a work week of Monday through Friday, and in the event

a legal holiday falls on Saturday, the preceding Friday shall be observed as a holiday;

provided, however, that except where the Governor declares that such preceding Friday

shall be a legal holiday, each department head shall make provision for the staffing of

public offices under the department head’s jurisdiction on such preceding Friday so that

said public offices may serve the public as provided in Section 7.702 of the Charter.

Those employees who work on a Friday which is observed as a holiday in lieu of a holiday

falling on Saturday shall be allowed a day off in lieu thereof as scheduled by the

appointing officer in the current or next fiscal year. The City shall provide one week’s

advance notice to employees scheduled to work on the observed holiday, except in cases

of unforeseen operational needs.

1. Holiday Compensation for Time Worked

360. Employees required by their respective City representative to work on any of the above-

specified or to substitute holidays excepting Fridays observed as holidays in lieu of

holidays falling on Saturday, shall be paid for the legal holiday plus extra compensation

of one (1) additional day’s pay at time and one-half (1-1/2) the usual rate in the amount

of twelve (12) hours’ pay for eight (8) hours worked or a proportionate amount of less

than eight (8) hours worked; provided, however, that at an employee’s request and with

the approval of the appointing officer, an employee may be granted compensatory time

off in lieu of paid overtime.

361. Executive, administrative and professional employees designated with the “Z” symbol

and who the City believes are exempt under the provisions of the Fair Labor Standards

Act shall not receive extra compensation for holiday work but may be granted time off

equivalent to the time worked at the rate of one and one-half (1½) times for work on the

holiday.

2. Holidays for Employees on Work Schedules Other Than Monday Through Friday

362. Employees assigned to seven (7) day-operation departments or employees working a five

(5) day work week other than Monday through Friday shall be allowed another day off if

a holiday falls on one of their regularly scheduled days off. Employees whose holidays

are changed because of shift rotations shall be allowed another day off if a legal holiday

falls on one of their days off.

363. If the provisions of this section deprive an employee of the same number of holidays that

an employee receives who works Monday through Friday, s/he shall be granted additional

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days off to equal such number of holidays. The designation of such days off shall be by

mutual agreement of the employee and the appropriate employer representative. Such

days off must be taken within the current or next fiscal year. In no event shall the

provisions of this section result in such employee receiving more or less holidays than an

employee on a Monday through Friday work schedule.

364. Departments will use their best efforts to grant each employee qualifying for paid

holidays at least one (1) of the following two (2) holidays off: Christmas Day and the

following New Year’s Day.

3. Holiday Pay for Employees Laid Off

365. An employee who is laid off at the close of business the day before a holiday who has

worked not less than five (5) previous consecutive workdays shall be paid for the holiday.

4. Employees Not Eligible for Holiday Compensation

366. Persons employed for holiday work only, or persons employed on a part-time work

schedule which is less than twenty (20) hours in a bi-weekly pay period, or persons

employed on an intermittent part-time work schedule (not regularly scheduled), or

persons employed on as-needed, seasonal or project basis for less than six (6) months

continuous service, or persons on leave without pay status immediately preceding or

immediately following the legal holiday shall not receive holiday pay.

5. Part-time Employees Eligible for Holidays

367. Part-time employees who regularly work a minimum of twenty (20) hours in a bi-weekly

pay period shall be entitled to holiday pay on a proportionate basis.

368. Regular full-time employees are entitled to 8/80 or 1/10 time off when a holiday falls in

a bi-weekly pay period, therefore, part-time employees, as defined in the immediately

preceding paragraph, shall receive a holiday based upon the ratio of 1/10 of the total hours

regularly worked in a bi-weekly pay period. Holiday time off shall be determined by

calculating 1/10 of the hours worked by the part-time employee in the bi-weekly pay

period immediately preceding the pay period in which the holiday falls. The computation

of holiday time off shall be rounded to the nearest hour.

369. The proportionate amount of holiday time off shall be taken in the same fiscal year in

which the holiday falls. Holiday time off shall be taken at a time mutually agreeable to

the employee and the appropriate employer representative.

6. Holiday Compensation for Employees Working Alternative Work Schedules

370. Nine (9), ten (10) and twelve (12) hour employees shall receive full holiday compensation

for the regularly scheduled shift worked on a holiday.

7. Z Employees

371. No designated “Z” employee shall receive overtime pay for working on a holiday. All

such overtime shall be compensated in the form of compensatory time accrued.

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III.K. VACATION

1. Definitions

372. “Continuous service” for vacation allowance purposes means paid service pursuant to a

regular work schedule which is not interrupted by a breach in paid service.

2. Award and Accrual of Vacation

373. Vacation benefits are set pursuant to the Charter as follows:

374. An employee does not accrue vacation allowance in the first year of continuous service,

however, at the end of one (1) year of continuous service, an employee shall be awarded

a vacation allowance computed at the rate of .0385 of an hour for each hour of paid service

in the preceding year.

375. At the end of five (5) years of continuous service, an employee shall be awarded a one-

time vacation allowance computed at the rate of .01924 of an hour for each hour of paid

service in the preceding year except that the amount of the vacation allowance shall not

exceed forty (40) hours.

376. At the end of fifteen (15) years of continuous service, an employee shall be awarded a

one-time vacation allowance computed at the rate of .01924 of an hour for each hour of

paid service in the preceding year except that the amount of the vacation allowance shall

not exceed forty (40) hours.

377. The maximum number of vacation hours an employee may accrue consists of two

hundred and forty (240) hours carried forward from prior years plus the employee’s

maximum vacation entitlement which is based on the number of years of service. The

maximum number of vacation hours which an employee may accrue is as follows:

Years of Continuous Service Maximum Accrual

1 through 5 years 320 hours

more than 5 through 15 years 360 hours

more than 15 years 400 hours

III.L. TIME OFF FOR VOTING

378. If an employee does not have sufficient time to vote outside of working hours, the

employee may request so much time off as will allow time to vote, in accordance with

the State Election Code.

III.M. JURY DUTY

379. An employee shall be provided leave with pay on a work day when the employee serves

jury duty, provided the employee gives prior notice of the jury duty to the supervisor.

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380. Employees assigned to jury duty whose regular work assignments are swing, graveyard,

or weekend shifts shall not be required to work those shifts when serving jury duty,

provided the employee gives prior notice of the jury duty to the supervisor.

381. To receive leave with pay for jury duty, employees must (1) provide written proof of jury

service from the court to verify actual appearance for each day of jury duty, and (2)

decline any payment from the court for jury duty.

382. If an employee is required to call-in during the work day for possible midday jury duty,

the employee shall coordinate in advance with the employee’s supervisor about whether

and when to report to work.

III.N. PROVISIONAL EMPLOYEES

383. Non-permanent employees, defined as employees with no permanent classification or

employees with a permanent classification serving in another classification, shall be

entitled to the following:

384. 1. Non-permanent employees shall be treated as permanent employees with respect

to health and welfare benefits, compensation and salary steps, seniority,

retirement (upon completion of 1040 hours in any twelve month period), and leave

benefits, including but not limited to sick leave, vacation and personal leave.

385. 2. Upon permanent appointment, time worked as a provisional appointment in the

same classification under the same appointing authority shall be treated as time

worked and credited to the employee’s probationary period as defined and

administered by the Civil Service Commission. Provided however, upon

permanent appointment, all employees must serve no less than a thirty-day

probationary period as defined and administered by the Civil Service Commission

regardless of time worked in the provisional appointment.

III.O. PER-DIEM REHABILITATION PROFESSIONALS

386. In lieu of benefits, Per Diem (as-needed) employees shall be paid at a wage rate no lower

than step 5. When an as-needed per-diem accepts a regularly-scheduled position (FT or

PT, permanent or provisional civil service status) the employee shall be paid at no lower

than a step 3 wage rate, but dependent upon their experience, may be placed at a higher

step at the discretion of the Appointing Officer. Per-diems who accept employment to a

permanent or provisional civil service position, will receive all the benefits granted to a

permanent employee with the exception of health and retirement benefits, which will

accrue upon the completion of 1040 hours for employees granted provisional positions,

and “just cause,” which will be available to the employee upon completion of the

equivalent of a probationary period (when appointed provisionally) or the completion of

a probationary period (when appointed to a permanent position).

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III.P. HEALTH AND WELFARE AND DENTAL INSURANCE

1. City Contribution

387. The City agrees to maintain health and dental benefits at present levels for the life of the

Agreement.

a. Health coverage

388. The contribution model for employee health insurance premiums will be based on the

City’s contribution of a percentage of those premiums and the employee’s payment of the

balance (Percentage-Based Contribution Model), as described below:

1) Employee Only:

389. For medically single employees (Employee Only) who enroll in any health plan offered

through the Health Services System, the City shall contribute ninety-three percent (93%)

of the total health insurance premium, provided however, that the City’s contribution

shall be capped at ninety-three percent (93%) of the Employee Only premium of the

second-highest-cost plan.

2) Employee Plus One:

390. For employees with one dependent who elect to enroll in any health plan offered through

the Health Services System, the City shall contribute ninety-three percent (93%) of the

total health insurance premium, provided however, that the City’s contribution shall be

capped at ninety-three percent (93%) of the Employee Plus One premium of the second-

highest-cost plan.

3) Employee Plus Two or More:

391. For employees with two or more dependents who elect to enroll in any health plan offered

through the Health Services System, the City shall contribute eighty-three percent (83%)

of the total health insurance premium, provided however, that the City’s contribution

shall be capped at eighty-three percent (83%) of the Employee Plus Two or More

premium of the second-highest-cost plan.

4) Contribution Cap

392. In the event HSS eliminates access to the current highest cost plan for active employees,

the City contribution under this agreement for the remaining two plans shall not be

affected.

5) Average Contribution Amount

393. For purposes of this Agreement, to ensure that all employees enrolled in health insurance

through the City’s Health Services System (HSS) are making premium contributions

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under the Percentage-Based Contribution Model, and therefore have a stake in controlling

the long term growth in health insurance costs, it is agreed that, to the extent the City's

health insurance premium contribution under the Percentage-Based Contribution Model

is less than the “average contribution,” as established under Charter section A8.428(b),

then, in addition to the City’s contribution, payments toward the balance of the health

insurance premium under the Percentage-Based Contribution Model shall be deemed to

apply to the annual “average contribution.” The parties intend that the City’s contribution

toward employee health insurance premiums will not exceed the amount established

under the Percentage-Based Contribution Model.

b. Medically Single Employees Outside of Health Coverage Areas

394. The provisions in section III.O.1.a.1. of this Agreement above shall not apply to

“medically single employees” (Employee Only) who are permanently assigned by the

City to work in areas outside of the health coverage areas of Kaiser and Blue Shield for

the term of this Agreement. For such “medically single employees” (Employee Only),

the City shall continue to contribute one hundred percent (100%) of the premium for the

employees’ own health care benefit coverage.

c. Other Terms Negotiable

395. While the parties have agreed in this section not to negotiate any changes to the

Percentage-Based Contribution Model, the parties are free to make economic proposals

to address any alleged impact of the health contribution levels described above or other

health related issues not involving the percentage-based contribution model (e.g. wellness

and transparency).

2. Dental Benefits

396. Employees who enroll in the Delta Dental PPO Plan shall pay the following premiums

for the respective coverage levels: $5/month for employee-only, $10/month for employee

+ 1 dependent, or $15/month for employee + 2 or more dependents.

3. Benefits While on Unpaid Leave

397. As set forth in Administrative Code Section 16.701(b), covered employees who are not

in active service for more than twelve (12) weeks, shall be required to pay the Health

Service System for the full premium cost of membership in the Health Service System,

unless the employee shall be on sick leave, workers’ compensation, mandatory

administrative leave, approved personal leave following family care leave, disciplinary

suspensions or on a layoff holdover list where the employee verifies they have no

alternative coverage.

4. Hetch Hetchy Stipend

398. As provided in the Annual Salary Ordinance, for employees assigned to Hetch Hetchy,

the City will pay a stipend to employees residing in designated zip code areas enrolled in

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the Health Services System with employee plus two or more dependents where HMOs

are not available and such employees are limited to enrollment in Plan 1.

5. Life Insurance

399. The City will provide $50,000 in term life insurance to each employee.

III.Q. RETIREMENT

1. Retirement Payments

400. The SFERS shall process and pay retirement claims in the following manner:

BENEFIT PROCESSING TIME

Initial monthly 60 days maximum

retirement allowance 90% within 60 days

Withdrawal of 6 weeks maximum

contributions 85% paid in 30 days

Death benefit 30 days maximum

90% paid within 30 days

of filing appropriate papers

401. Represented employees agree to pay their own employee retirement contribution to

SFERS. For employees who became members of SFERS prior to November 2, 1976

(Charter Section A8.509 Miscellaneous Plan), the City shall pick up one-half percent

(0.5%) of the total employee retirement contribution.

3. Quarterly Report and Annual Meeting

402. The San Francisco Employees Retirement System shall provide upon request a quarterly

report to the Union detailing its current holdings and its annual return on investments.

The Retirement System shall also meet each Fall during the term of this Agreement after

their annual audit to review their portfolio with the Union on request. The Union will

attempt to provide specific questions and items of interest in advance to SFERS to assist

in setting an appropriate agenda.

5. Release Time for Pre-Retirement Planning Seminars

403. Subject to development, availability and scheduling by SFERS and PERS, employees

shall be allowed not more than one (1) day during the life of this MOU to attend a pre-

retirement planning seminar sponsored by SFERS or PERS.

404. Employees must provide at least two (2) weeks advance notice of their desire to attend a

retirement planning seminar to the appropriate supervisor. An employee shall be released

from work to attend the seminar unless staffing requirements or other Department

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exigencies require the employee’s attendance at work on the day or days such seminar is

scheduled. Release time shall not be unreasonably withheld.

405. All such seminars must be located within the Bay Area.

406. This section shall not be subject to the grievance procedure.

III.R. STATE DISABILITY INSURANCE (SDI)

407. For any bargaining unit, covered by this Agreement, that has elected coverage in SDI the

payment of sick leave pursuant to Rule 20 of the Civil Service Commission shall not

affect and shall be supplementary to payments from SDI. An employee entitled to SDI

shall receive in addition thereto such portion of such employee’s accumulated sick leave

with pay as will equal, but not exceed, the regular bi-weekly take-home earnings of the

employee, excluding optional deductions. Such supplementary payments shall continue

for the duration of the employee’s illness or disability or until sick leave with pay credited

to the employee is exhausted, whichever occurs first. At the employee’s option, accrued

vacation, and compensatory time off (for non-Z employees only) can also be integrated

with SDI payments in the same manner as sick leave.

408. Any over-payments of SDI coverage will be returned to the employee no later than the

second pay period following departmental notification to the Controller’s Payroll &

Personnel Division.

409. During the term of the Agreement, all classifications added to an existing bargaining unit

that is covered by State Disability Insurance (“SDI”) shall automatically be enrolled in

SDI. If a new bargaining unit is created or if the Union gains recognition for additional

bargaining units, the Union shall certify in writing to the Employee Relations Director

whether such units shall be enrolled in SDI.

III.S. WORKERS’ COMPENSATION LEAVE

Workers’ Compensation Supplementation (Shadow Sick Leave Account)

410. An employee who is absent because of an occupational or non-occupational disability

and who is receiving Temporary Disability, Vocational Rehabilitation Maintenance

Allowance, State Disability Insurance, may request that the amount of disability

indemnity payment be supplemented with salary to be charged against the employee’s

accumulated unused sick leave with pay credit balance at the time of disability,

compensatory time off, or vacation, so as to equal the normal salary the employee would

have earned for the regular work schedule.

411. An employee who wishes not to supplement, or who wishes to supplement with

compensatory time or vacation, must submit a written request to the appointing officer or

designee within seven (7) calendar days following the first date of absence. Disability

indemnity payments will be automatically supplemented with sick pay credits (if the

employee has sick pay credits and is eligible to use them) to provide up to the employee’s

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normal salary unless the employee makes an alternative election as provided in this

section.

412. Employee supplementation of workers compensation payment to equal the full salary the

employee would have earned for the regular work schedule in effect at the

commencement of the workers compensation leave shall be drawn only from an

employee’s paid leave credits including vacation, sick leave balance, or other paid leave

as available.

413. Salary may be paid on regular time-rolls and charged against the employee’s sick leave

with pay, vacation, or compensatory time credit balance during any period prior to the

determination of eligibility for disability indemnity payment without requiring a signed

option by the employee.

414. Sick leave with pay, vacation, or compensatory time credits shall be used to supplement

disability indemnity pay at the minimum rate of one (1) hour units.

III.T. LONG TERM DISABILITY

415. The City shall provide to employees with six (6) months continuous service a Long-Term

Disability (LTD) plan that provides, after a ninety (90) day elimination period, sixty-six

percent (66%) salary (subject to integration) up to age sixty-five (65). Employees who

receive payment under the LTD plan shall not be eligible to continue receiving payments

under the City’s Catastrophic Illness Program.

III.U. RETURN TO WORK

416. The City will make a good faith effort to return and reassign employees who have

sustained an occupational injury or illness where the employee’s doctor certifies that the

employee is temporarily unable to perform specified aspects of the employee’s regular

job duties. Duties of this modified assignment may differ from the employee’s regular

job duties and/or from job duties regularly assigned to employees in the injured

employee’s class.

417. Where appropriate temporary modified duty is not available within the employee’s

classification, on the employee’s regular shift, and in the employee’s department, the

employee may be temporarily assigned to work in another classification, on a different

shift, and/or in another department, subject to the approval of the Appointing Officer or

designee.

418. Neither the decision to provide or deny modified duty, nor the impact of such a decision

shall be subject to grievance or arbitration.

419. It is also understood that modified duty assignments are temporary only; modified duty

assignments for employees temporarily unable to perform regular job duties may not

exceed three (3) months. An employee assigned to temporarily modified duty assignment

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shall receive the employee’s regular base rate of pay and shall not be eligible for any

other additional compensation (premiums) and/or out of class assignment pay as may be

provided under this Agreement.

420. The City reserves the right to take any action necessary to comply with its obligations

under the Americans with Disabilities Act, the Fair Employment and Housing Act and all

other applicable federal, state and local disability anti-discrimination statutes. Requests

for accommodation under the ADA or FEHA shall be governed under separate City

procedures under those laws.

III.V. SICK LEAVE

421. Employees shall be entitled to accumulate up to 1040 hours of sick leave.

III.W. PAID SICK LEAVE ORDINANCE

422. San Francisco Administrative Code, Chapter 12W, Paid Sick Leave Ordinance is

expressly waived in its entirety with respect to employees covered by this agreement.

III.X. PARENTAL RELEASE TIME

423. Upon proper advance notification, employees may be granted up to 40 hours Parental

Leave – two hours of which will be paid leave each semester – each year to participate in

the activities of a school or licensed child day care facility of the employee’s biological,

adopted or foster child or a child for whom the employee has parental or child rearing

responsibilities (including a grandchild or child of a domestic partner) and who is residing

in the employee’s household. Parental Leave shall not exceed eight hours in any calendar

month of the year.

424. In order to qualify for Parental Leave, employees must give reasonable notice to their

immediate supervisors prior to taking the time off. Employees must provide written

verification from the school or licensed child day care facility that they participated in

school/child care related activities on a specific date and at a particular time, if requested

by management.

425. Employees may utilize either existing vacation, compensatory time off, or personal

(unpaid) leave to account for absences after the two paid hours per semester have been

used.

426. Denial of Parental Leave under this section is not subject to the grievance process.

III.Y. LIABILITY

427. The City shall defend and indemnify an employee against any claim or action against the

employee or account of any act or omission in the scope of the employee’s employment

with the City, in accord with, and subject to, the provisions of California Government

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Code Sections 825 et seq. and 995 et seq. Nothing herein is deemed to supersede

referenced State law.

III.Z. AIRPORT EMPLOYEE COMMUTE OPTIONS PROGRAM

428. The San Francisco International Airport (SFIA) Employee Commute Options Program

(Eco Program) will be available for the term of the Agreement to SFIA employees. Under

the Eco Program, employees who relinquish their SFIA-provided free parking privileges

will receive a monthly allowance in an amount set by SFIA. Participation is voluntary

and approved on a first come first serve basis. The SFIA reserves the right to amend or

discontinue the Eco Program in its sole discretion, at any time for any reason including

but not limited to a lack of funding as determined by the SFIA, with thirty (30) days’

notice to the Union and affected members. If SFIA terminates the Eco Program,

participating employees shall have their free parking privileges restored. The Eco

Program, including but not limited to denial of participation, change in allowance amount,

or amendment or termination of the Eco Program, is not subject to the grievance

procedure.

ARTICLE IV – TRAINING, CAREER DEVELOPMENT AND INCENTIVES

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ARTICLE IV: TRAINING, CAREER DEVELOPMENT AND INCENTIVES

IV.A. RENEWAL FEES FOR CERTIFICATIONS, LICENSES, OR REGISTRATIONS

429. When a certificate, license or registration is required by the City or the State as a condition

of employment, the City shall reimburse the employee for the amount of the fee for the

renewal of such certificate, registration or license.

IV.B. EMPLOYEE DEVELOPMENT FUND

430. The City shall budget $1,000,000 during each fiscal year of this Agreement for the

Employee Development Fund for employee training, education and development. Such

funds shall be released in two installments, $500,000 on July 1 and $500,000 on January

1, of each fiscal year. Unused funds shall carry forward to the next year.

431. An employee is eligible to seek Employee Development Fund reimbursement if the

employee has regularly worked as a City employee for at least 20 hours per week for at

least one (1) year of continuous service immediately prior to receipt of application.

432. Until such funds are exhausted, and subject to approval by the appointing officer or

appropriate designee, an employee may utilize up to a maximum of $2,000 per fiscal year

for tuition, registration fees, books, professional conferences, professional association

memberships, professional journal subscriptions, professional certifications, and licenses

relevant to the employee’s current classification. Solely at the discretion of the appointing

officer or designee, such funds may be supplemented with department funds budgeted for

training, subject to the restrictions of applicable law, including Administrative Code

Chapter 12X. All expenses must be relevant to the employee’s current classification or

classifications to which the employee might reasonably expect to be promoted. No

reimbursement shall be made for expenses that are eligible for reimbursement under a

Federal or State Veterans benefit program or from other public funds.

433. In addition, subject to approval by the appointing officer or designee, and as permissible

under applicable law, including Administrative Code Chapter 12X, employees may

utilize up to $500 of the funds available to them for that fiscal year under this section to

pay for up to one-half of the cost of necessary travel outside of the nine Bay Area Counties

for approved training. Travel reimbursement rates shall be as specified by, and guidance

regarding Chapter 12X provided in, the Controller’s Accounting Policies and Procedures.

Employee Development Funds may not be used for food.

434. An employee may submit a pre-approval request for an expense incurred in the current

fiscal year or prior fiscal year. An employee cannot submit a request for an expense

occurring in a future fiscal year. The City will not provide reimbursement until the

employee provides proof of payment and proof of satisfactory completion. An employee

separating from City service must submit the expense report and receive all approvals

before the effective date of separation from the City.

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435. Employees shall not utilize these funds for Department-mandated training or for

certificates, licenses or registrations required by the City or the State as a condition of

employment (however, the costs of continuing education for these certificates, licenses

or registrations may be reimbursed through the Employee Development Fund).

436. The Union agrees to work cooperatively with the City to help build City University – a

program intended to ensure San Francisco has the most educated and highly trained

workforce possible. City University is a partnership between the City, learning

institutions, the business community and labor organizations which shall create new

sources of funding and new opportunities to professionally develop City employees.

437. Administrative issues concerning the use of the Employee Development Fund shall be

addressed through the UCRC.

IV.C. TUITION REIMBURSEMENT FOR SUPERVISING CLINICAL

PSYCHOLOGISTS

438. Each regularly scheduled full-time or part-time 2576 Supervising Clinical Psychologists

(excluding as needed employees) may be reimbursed up to a maximum of $2,000 per

fiscal year for tuition, internal or external training programs, professional conferences

and professional association membership relevant to the employee’s current

classification. The funds may also be used to reimburse employees for the purchase of

Personal Digital Assistants, professional software, books and subscriptions. Tuition

reimbursement must be approved by the employee’s Appointing Officer and be in

accordance with procedures determined by the Human Resources Director.

IV.D. PROFESSIONAL ASSOCIATION MEETINGS

439. Departments shall continue their present practice with respect to the attendance by

employees at professional association meetings, conferences, classes, courses, seminars

and other programs, including the reimbursement of related expenses. Opportunities shall

be provided in a consistent and uniform manner. Department practices shall be extended

to the 2846 Nutritionist class.

IV.E. PROFESSIONAL ORGANIZATIONS – DEPARTMENTAL MEMBERSHIPS

440. Subject to the budgetary and fiscal limitations, departments are encouraged to budget for

departmental membership in organizations serving the professional employees of said

department.

IV.F. EDUCATIONAL PROGRAMS

441. Subject to the approval of the appointing officer, Personal Property Auditors and other

represented employees shall be on paid status when attending educational programs

required to maintain a job-related state license.

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IV.G. EMPLOYEE SUGGESTION PROGRAM

442. City and Union agree to publicize the Employee Suggestion Program and to encourage

represented workers to submit cost saving suggestions for considerations and possible

awards.

IV.H. EDUCATIONAL LEAVE FOR REHABILITATION PROFESSIONALS AND

PHYSICIAN ASSISTANTS

443. Employees in the following classes shall be granted five days of educational leave with

pay per year to attend Department approved training courses, workshops and seminars.

Full-time employees will become eligible for the educational leave after completion of

six months of permanent employment. Part-time employees who work less than forty

hours per week but more than twenty hours per week will become eligible for the

educational leave after completion of one year of permanent employment. Scheduling of

educational leave shall be by mutual agreement, subject to the staffing requirements of

the Department.

2538 2548 2555 2566

2540 2550 2556 2218

2542 2551 2558

444. Employees in the above listed classifications shall be entitled to sufficient educational

leave with pay to attend Department approved training courses, workshops and seminars

necessary to fulfill mandatory re-licensure requirements for licenses required as a

condition of employment. If the leave provided in the preceding paragraph is not

sufficient to meet this need over the re-licensure cycle, an employee in the listed

classifications shall receive additional leave. In the event that an employee receives

additional leave under this paragraph, the total number of hours of educational leave

provided under this section (IV.G), including the days provided in the preceding

paragraph, shall not exceed the number of hours necessary to fulfill the mandatory re-

licensure requirements during the re-licensure cycle.

445. The Department of Public Health, at its sole discretion, may assign employees to

additional training on paid status.

IV.I. GENERAL TRAINING

446. The City will use its best efforts to provide Local 21 represented employees with up to

forty (40) hours of paid time off for job-related training and/or professional development,

which shall include one day of professional development of an employee’s choice, not to

be unreasonably denied. Such time may include departmental-sponsored training and/or

professional development; DHR sponsored training and/or professional development;

and/or outside training and/or professional development approved by appointing officer

or designee. The foregoing includes but is not limited to mandatory continuing education

and/or training requirements.

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IV.J. SPECIAL EDUCATION LEAVE FOR SUPERVISING CLINICAL

PSYCHOLOGIST

447. Each regular full time or part time 2576 Supervising Clinical Psychologist (excluding as

needed employees) shall be allowed the required number of hours of educational leave

with pay for re-licensure to attend formally organized courses, institutes, workshops or

classes to fulfill re-licensure requirements, as authorized and approved by the Appointing

Officer or designee.

ARTICLE V – WORKING CONDITIONS

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ARTICLE V: WORKING CONDITIONS

V.A. HEALTH AND SAFETY

448. The City acknowledges its responsibility to provide safe, healthful work environments

for City employees. The Union acknowledges its members play the critical role in

maintaining workplace safety, and agree to follow health and safety guidance and

procedures. Many City departments have Health and Safety (H&S) staff with unique

skills, knowledge, and abilities regarding workplace safety.

449. When an employee, in good faith, believes that a condition exists which presents an

imminent hazard to life or health, and that continuing to work under such conditions poses

risks beyond those normally associated with the nature of the job, the employee shall so

notify the supervisor and explain why the employee believes a condition presents an

imminent hazard.

450. If the Department and the employee, or the employee’s designated representative, do not

concur, the potentially imminent hazard shall be evaluated by the departmental H&S

staff, or a member of the City’s H&S Program staff, if the Department does not have

professional H&S staff.

451. Such evaluations shall be initiated by appropriate H&S staff including but not limited to

6139 Senior Industrial Hygienist; 6138 Industrial Hygienist; 5177 Safety Officer; and/or

6130 Safety Analyst within five (5) business days.

452. While the employee is awaiting the completion of the evaluation, and until the H&S staff

has made a determination regarding the presence of an imminent hazard, the employee

shall not be required to perform the disputed assignment. The findings of the evaluation

will be shared with the employee and the employee’s representative.

453. If the H&S staff determine that the complaint is valid, that determination shall override a

departmental management determination, including abatement procedures or employee

reassignments. If, after investigation, the H&S staff determines that the work assignment

does not present an imminent hazard, the H&S staff shall notify the employee. The

employee shall then have the following options:

1. continue to work in reliance on the determination

2. request a re-assignment, which shall not be unreasonably denied; or

3. continue to refuse the work assignment.

454. If the employee elects to continue to refuse the work assignment, the employee shall not

be paid unless the employee executes a CCSF Payroll Request for Employee Offset

Agreement. If it is finally determined that the complaint was not valid, the employee shall

repay the City in the manner set forth in the Employee Offset Agreement. If it is finally

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determined that the employee’s complaint was valid, and the employee has not elected to

be paid, the employee shall be made whole for all lost wages and benefits.

455. Paragraphs 453 and 454 will sunset on July 1, 2024, absent mutual agreement.

456. Employees shall not be subject to discipline or retaliation for exercising in good faith any

rights under this Section.

457. At its own expense, the Union may employ or assign its own safety consultant. The

Union’s consultant shall have the minimum qualifications appropriate to evaluate

whether the condition identified presents an imminent hazard to life or health. Where the

Union employs such a consultant, the consultant shall investigate the imminent hazard in

conjunction with the City’s H&S staff. If after consultation between the Union consultant

and the City’s H&S staff, the dispute remains unresolved after 30 calendar days, the

dispute shall bypass steps 1-3 of the grievance procedure and shall be submitted for final

determination directly to a neutral arbitrator selected pursuant to the expedited arbitration

provisions of this Agreement.

458. Upon request, the City shall provide the union departmental lists on a quarterly basis

containing the vital information on all work-related injuries and illnesses. Vital

information shall include the nature of the illness or injury, dates, time lost, corrective

action, current status of employee and work location.

V.B. ASSAULT DATA

459. Upon request of the Union, a department shall retain and provide the Union with a copy

of statistical information on assaults on employees who serve in particular classifications

or at particular work sites.

V.C. VIDEO DISPLAY EQUIPMENT WORKING CONDITIONS

460. The City and the Union agree that employees working on video display equipment shall

have safe and healthy work environments.

461. This environment shall avoid excessive noise, crowding, contact with fumes and other

unhealthy conditions. The City agrees upon request of the Union to meet and confer on

ways to design the flow of work to avoid long, uninterrupted use of video display

equipment by employees.

1. Eye Examinations

462. All represented employees, who are health service system members, shall be eligible for

one (1) annual VDT examination and prescribed eyewear.

2. Breaks

463. Every employee working on video display equipment shall be required to take a break

away from the employee’s screen of at least fifteen (15) minutes after two (2) hours' work.

In the event that normal work schedule does not provide a lunch or rest break every two

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(2) hours, the employee shall be assigned duties away from the video display screen for

fifteen (15) minutes after two (2) hours of work.

3. Physical Plant

464. The Board of Supervisors agrees to provide, subject to the budgetary and fiscal provisions

of the Charter, the following physical equipment and work environment for users of video

display equipment:

465. a. Where necessary, effective glare screens shall be affixed to the front of such

machines;

466. b. Adjustable chairs, footrests and tables to allow for adjustment of individual machines

to provide each operator with optimum comfort and the minimum amount of physical

stress;

467. c. Optimal lighting conditions adapted to accommodate the types of equipment in use at

each work site shall be provided;

468. d. Prior to the acquisition of additional or replacement machines, the City agrees to meet

and consult with the Union on the design of the machines, including such features as

separate keyboards, tiltable screens, phosphor colors, brightness controls and any

other features relating to operator health and well being. The City will give the Union

as much advance notice as possible of such changes.

4. Inspection of Machines

469. The City agrees to inspect each machine in use on a regular basis and to maintain all

equipment in proper repair, state of cleanliness and working order.

5. Pregnancy

470. Upon request, the City shall attempt to temporarily reassign a pregnant employee to

another position away from video display equipment for the duration of the pregnancy.

V.D. ALTERNATIVE, LIGHT AND/OR MODIFIED DUTY ASSIGNMENTS

471. The City Departments shall make good faith efforts to develop alternative assignments

for disabled or pregnant employees whose doctors certify that they are temporarily unable

to perform specified aspects of their regular job duties if, in the particular situation,

472. 1. There is sufficient work which the employee can perform available within the

employee's job classification in the department, and

473. 2. In the opinion of the department head, assigning the work to the disabled employee

or pregnant employee can be done without adversely affecting the operation of the

department.

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474. In the event a City-wide policy on alternative, light and/or modified duty assignments is

proposed during the life of the Agreement, the parties agree to reopen this Section (V.D.)

to meet and confer regarding such policy.

475. The City shall provide annual audiometric examinations in accordance with the City's

Hearing Conservation Program.

V.E. PROTECTIVE CLOTHING

476. No employee in a classification covered by this Agreement shall be required to work in a

location where the employee comes in contact with raw sewage or toxic or hazardous

chemicals or substances if not provided with protective clothing as deemed appropriate

for the purpose by the employee and the Appointing Officer.

477. The City agrees to provide all required safety equipment (i.e., protective eyewear,

protective footwear) in compliance with Cal-OSHA regulations. Individual requests for

additional equipment may be forwarded to the UCRC for further attention. The City shall

reimburse employees up to two-hundred dollars ($200) annually toward the cost of

acquiring one (1) pair of protective footwear. This reimbursement is limited to any

represented employee who is required by the City to wear protective footwear.

V.F. COMFORT STANDARDS

478. The City shall make good faith efforts to provide adequate lounge, locker and comfort

facilities.

V.G. UNIFORM ALLOWANCE

479. Employees, excluding as-needed employees, who are required to wear and supply their

own uniform or lab coat or smock in the course of their duties and who are employed on

September 1 of any year covered by the Agreement, shall be paid an annual uniform

allowance of $175.00, or, in the case of lab coats or smocks, $100.00 no later than the

first pay period in December of each year. The Department shall fix the appropriate

amount for the allowance after meeting and conferring with the Union prior to September

1 of each year.

480. New employees (excluding as-needed employees) who are required by the Department

of Public Health to wear scrubs in the course and scope of their employment will be

provided with five (5) scrubs within two weeks of appointment.

481. The Department of Public Health shall furnish employees (excluding as-needed

employees) who are required by the Department of Public Health to wear scrubs in the

course and scope of their employment with up to two (2) replacement scrubs in any

twelve-month period. Scrubs shall also be replaced by the Department of Public Health

if they are damaged in the course of the employee’s performance of their duties.

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V.H. UNIFORM ALLOWANCE (COMPUTER OPERATORS)

482. For employees in the Units 8Z and 11O, when properly working on machines, the City

will provide smocks for the individuals occupying positions in Units 8Z and 11O,

provided, however, that only those employees presently receiving said smocks shall

continue to receive them. Smocks will be replaced at the City's expense when they are

unserviceable, but in any event, not more than one smock per employee per year shall be

issued. Total cost to the City of this provision shall not exceed one thousand dollars

($1,000) per fiscal year in each year of this agreement.

V.I. REIMBURSEMENT OF PERSONAL EXPENSES

483. An employee who qualifies for reimbursement of damaged, destroyed or stolen property

shall submit a claim to the employee’s department head with all available documentation

not later than thirty (30) calendar days after the date of such alleged occurrence. An

employee shall be entitled to an appropriate reimbursement no later than 120 days

following the submission of such claim. Reimbursement may be delayed if the employee

does not submit the appropriate documentation.

V.J. FINGERPRINTING

484. The City shall bear the full cost of fingerprinting whenever such is required of the

employee.

V.K. TELECOMMUTING

485. The Citywide Telecommuting Policy and Program (TPP), establishes specific conditions

under which employees may perform their job-related duties remotely. The TPP can be

found at www.sfdhr.org and is incorporated herein for reference purposes only.

486. As described in the TPP materials, telecommuting is permissible under an agreement

between the employee and the Appointing Officer or designee, subject to the approval of

the Appointing Officer. An employee who meets the eligibility criteria and program

guidelines may apply to participate in the TPP for a maximum for two (2) days each week,

coming to work in person three (3) days each week. Employees may telecommute more

than two (2) days per week, subject to the approval of the Appointing Officer and the

Human Resources Director.

487. Telecommuting arrangements will not be denied or ended for arbitrary or capricious

reason(s). In the event a represented employee has a good faith belief that a

telecommuting request is denied for an arbitrary or capricious reason, or that an existing

telecommuting agreement was terminated for an arbitrary or capricious reason, the

member may appeal the decision to the City’s Director of Human Resources, whose

decision shall be final and binding. Neither the TPP nor this Section V.K. are subject to

the grievance and arbitration procedure of this Agreement.

Location of Remote Work

ARTICLE V – WORKING CONDITIONS

MEMORANDUM OF UNDERSTANDING, FY 2022 - 2024

CITY AND COUNTY OF SAN FRANCISCO AND

IFPTE, LOCAL 21

488. Unless approved in writing by the Human Resources Director, employees are prohibited

from working remotely outside of the State of California, except for incidental work at

the request of the City or when the employee’s specific task requires working out of state,

such as participation in training or a conference. All City employees are Disaster Service

Workers under California law. In a declared emergency, employees approved for

telecommuting must be able to physically report where directed within forty-eight (48)

hours of a declared emergency.

V.L. PAGERS/VOICEMAIL FOR REHABILITATION PROFESSIONALS

489. Upon request the City will provide Rehabilitation Professionals at California Children

Services/Medical Treatment Union (CCS/MTU) pagers with voicemail and/or access to

voicemail.

V.M. PAPERLESS PAY POLICY

490. The Citywide Paperless Pay Policy applies to all City employees covered under this

Agreement.

491. Under the policy, all employees shall be able to access their pay advices electronically,

and print them in a confidential manner. Employees without computer access or who

otherwise wish to receive a paper statement shall be able to receive hard copies of their

pay advices through their payroll offices upon request, on a one-time or ongoing basis.

492. Under the policy, all employees will have two options for receiving pay: direct deposit or

bank pay card. Employees not signing up for either option will be defaulted into bank

pay cards.

V.N. HUMAN SERVICES AGENCY’S DEPARTMENT OF DISABILITY AND AGING

SERVICES CASELOADS

493. At the request of the Union, within the first fiscal year quarter of this Agreement, the

Human Services Agency’s Department of Disability and Aging Services (DAS) shall

meet with represented members assigned to the Public Guardian, Public Administrator,

and Representative Payee Programs to discuss caseloads.

ARTICLE VI – IMPLEMENTATION AND TERM OF AGREEMENT

MEMORANDUM OF UNDERSTANDING, FY 2022 - 2024

CITY AND COUNTY OF SAN FRANCISCO AND

IFPTE, LOCAL 21

ARTICLE VI: IMPLEMENTATION AND TERM OF AGREEMENT

VI.A. SCOPE OF AGREEMENT

494. Nothing contained in this Agreement shall have application to changes of Civil Service

Rules excluded from bargaining pursuant to Charter Section 8.409-3, which reads as

follows:

495. Notwithstanding any other provisions of this charter, or of the ordinances, rules or

regulations of the city and county of San Francisco and its departments, boards and

commissions, the city and county of San Francisco, through its duly authorized

representatives, and recognized employee organizations representing classifications of

employees covered by this part shall have the mutual obligation to bargain in good faith

on all matters within the scope of representation as defined by Government Code section

3504, relating to the wages, hours, benefits and other terms and conditions of city and

county employment, including the establishment of procedures for the resolution of

grievances concerning the interpretation or application of any agreement, and including

agreements to provide binding arbitration of discipline and discharge; provided, however

that, except insofar as they affect compensation, those matters within the jurisdiction of

the civil service commission which establish, implement and regulate the civil service

merit system shall not be subject to bargaining under this part: the authority, purpose

definitions, administration and organization of the merit system and the civil service

commission; policies, procedures and funding of the operations of the civil service

commission and its staff; the establishment and maintenance of a classification plan

including the classification and reclassification of positions and the allocation and

reallocation of positions to the various classifications; status rights; the establishment of

standards, procedures and qualifications for employment, recruitment, application,

examination, selection, certification and appointment; the establishment, administration

and duration of eligible lists; probationary status and the administration of probationary

periods, except duration; pre-employment and fitness for duty medical examinations

except for the conditions under which referrals for fitness for duty examinations will be

made, and the imposition of new requirements; the designation of positions as exempt,

temporary, limited tenure, part-time, seasonal or permanent; resignation with satisfactory

service and reappointment; exempt entry level appointment of the handicapped; approval

of payrolls; and conflict of interest. Nothing in this paragraph shall limit the obligation

of the civil service commission to meet and confer as appropriate under state law.

VI.B. SAVINGS CLAUSE

496. Should a court or administrative agency declare any provision of this Agreement invalid,

inapplicable to any person or circumstance, or otherwise unenforceable, the remaining

portions of this Agreement shall remain in full force and effect for the duration of the

Agreement.

ARTICLE VI – IMPLEMENTATION AND TERM OF AGREEMENT

MEMORANDUM OF UNDERSTANDING, FY 2022 - 2024

CITY AND COUNTY OF SAN FRANCISCO AND

IFPTE, LOCAL 21

VI.C. AMENDMENT OR MODIFICATION

497. This Agreement sets forth the full and entire understanding of the parties regarding the

matters herein. This Agreement may be modified by mutual consent of the parties. Such

amendments(s) shall be reduced to writing.

VI.D. DURATION OF AGREEMENT

498. This Memorandum of Understanding shall be in effect from July 1, 2022, through and

inclusive of June 30, 2024.

499. Upon mutual agreement, the parties may reopen this agreement for the sole purpose of

addressing recruitment or retention difficulties with the City’s engineers.

MEMORANDUM OF UNDERSTANDING, FY 2022 - 2024

CITY AND COUNTY OF SAN FRANCISCO AND

IFPTE, LOCAL 21

IN WITNESS HEREOF, the parties hereto have executed this Agreement.

FOR THE CITY

FOR THE UNION

Carol Isen Date

Human Resources Director

City and County of San Francisco

Debra Grabelle Date

Executive Director

IFPTE, Local 21

Ardis Graham Date

Employee Relations Director

Al Barber

Date

Bargaining Team Member

IFPTE, Local 21

Approved As To Form:

DAVID CHIU

City Attorney

Valerie Barber Date

Bargaining Team Member

IFPTE, Local 21

Jonathan Rolnick Date

Chief Labor Attorney

City and County of San Francisco

Jenna Castro Date

Bargaining Team Member

IFPTE, Local 21

Tina Cen-Camaro Date

Bargaining Team Member

IFPTE, Local 21

Deanna Chan Date

Bargaining Team Member

IFPTE, Local 21

Janey Chan Date

Bargaining Team Member

IFPTE, Local 21

MEMORANDUM OF UNDERSTANDING, FY 2022 - 2024

CITY AND COUNTY OF SAN FRANCISCO AND

IFPTE, LOCAL 21

Gloria Lucas Davis Date

Bargaining Team Member

IFPTE, Local 21

Christopher DiPrima Date

Bargaining Team Member

IFPTE, Local 21

Erica Dixon Date

Bargaining Team Member

IFPTE, Local 21

Alexa Groenke Date

Bargaining Team Member

IFPTE, Local 21

Frances Hsieh Date

Bargaining Team Member

IFPTE, Local 21

Krysten Laine Date

Bargaining Team Member

IFPTE, Local 21

Elaine Leeming Date

Bargaining Team Member

IFPTE, Local 21

MEMORANDUM OF UNDERSTANDING, FY 2022 - 2024

CITY AND COUNTY OF SAN FRANCISCO AND

IFPTE, LOCAL 21

Rina Lopez Date

Bargaining Team Member

IFPTE, Local 21

Damon Louie Date

Bargaining Team Member

IFPTE, Local 21

Jonathan Lyons Date

Bargaining Team Member

IFPTE, Local 21

Judith Nierdorff Date

Bargaining Team Member

IFPTE, Local 21

Michelle Pollard Date

Bargaining Team Member

IFPTE, Local 21

Bianca Polovina Date

Bargaining Team Member

IFPTE, Local 21

Dimitri Shikaloff Date

Bargaining Team Member

IFPTE, Local 21

Jeanne Sum Date

Bargaining Team Member

IFPTE, Local 21

MEMORANDUM OF UNDERSTANDING, FY 2022 - 2024

CITY AND COUNTY OF SAN FRANCISCO AND

IFPTE, LOCAL 21

Lorrie Tanioka Date

Bargaining Team Member

IFPTE, Local 21

Amar Thomas Date

Bargaining Team Member

IFPTE, Local 21

Kim Thompson Date

Bargaining Team Member

IFPTE, Local 21

Ken Tse Date

Bargaining Team Member

IFPTE, Local 21

Gus Vallejo Date

Bargaining Team Member

IFPTE, Local 21

Rinaldi Wibowo Date

Bargaining Team Member

IFPTE, Local 21

Danny Yeung Date

Bargaining Team Member

IFPTE, Local 21

MEMORANDUM OF UNDERSTANDING, FY 2022 - 2024

CITY AND COUNTY OF SAN FRANCISCO AND

IFPTE, LOCAL 21

Mollie Simons Date

Attorney

IFPTE, Local 21

Timothy Mathews Date

Research Specialist

IFPTE, Local 21

APPENDIX A

MEMORANDUM OF UNDERSTANDING, FY 2022 - 2024

CITY AND COUNTY OF SAN FRANCISCO AND

IFPTE, LOCAL 21

A-1

APPENDIX A: LOCAL 21 REPRESENTED CLASSIFICATIONS

THE FOLLOWING LIST OF CLASSES IS SUBJECT TO CHANGE. PLEASE REFER TO

SECTION 16.210 OF THE SAN FRANCISCO ADMINISTRATIVE CODE (EMPLOYEE

RELATIONS ORDINANCE) FOR THE MOST CURRENT LIST OF REPRESENTED

CLASSIFICATIONS.

(As of June 30, 2019)

SetID

Job Code

Descr

Union Code

COMMN

1003

IS Operator-Senior

021

SFMTA

1003

IS Operator-Senior

021

COMMN

1010

Information Systems Trainee

021

SFMTA

1010

Information Systems Trainee

021

COMMN

1011

IS Technician Assistant

021

SFMTA

1011

IS Technician Assistant

021

COMMN

1021

IS Administrator 1

021

SFMTA

1021

IS Administrator 1

021

COMMN

1022

IS Administrator 2

021

SFMTA

1022

IS Administrator 2

021

COMMN

1023

IS Administrator 3

021

SFMTA

1023

IS Administrator 3

021

COMMN

1024

IS Administrator-Supervisor

021

SFMTA

1024

IS Administrator-Supervisor

021

COMMN

1031

IS Trainer-Assistant

021

SFMTA

1031

IS Trainer-Assistant

021

COMMN

1032

IS Trainer-Journey

021

SFMTA

1032

IS Trainer-Journey

021

COMMN

1033

IS Trainer-Senior

021

SFMTA

1033

IS Trainer-Senior

021

COMMN

1041

IS Engineer-Assistant

021

SFMTA

1041

IS Engineer-Assistant

021

COMMN

1042

IS Engineer-Journey

021

SFMTA

1042

IS Engineer-Journey

021

COMMN

1043

IS Engineer-Senior

021

SFMTA

1043

IS Engineer-Senior

021

COMMN

1044

IS Engineer-Principal

021

SFMTA

1044

IS Engineer-Principal

021

COMMN

1051

IS Business Analyst-Assistant

021

SFMTA

1051

IS Business Analyst-Assistant

021

APPENDIX A

MEMORANDUM OF UNDERSTANDING, FY 2022 - 2024

CITY AND COUNTY OF SAN FRANCISCO AND

IFPTE, LOCAL 21

A-2

COMMN

1052

IS Business Analyst

021

SFMTA

1052

IS Business Analyst

021

COMMN

1053

IS Business Analyst-Senior

021

SFMTA

1053

IS Business Analyst-Senior

021

COMMN

1054

IS Business Analyst-Principal

021

SFMTA

1054

IS Business Analyst-Principal

021

COMMN

1061

IS Program Analyst-Assistant

021

SFMTA

1061

IS Program Analyst-Assistant

021

COMMN

1062

IS Programmer Analyst

021

SFMTA

1062

IS Programmer Analyst

021

COMMN

1063

IS Programmer Analyst-Senior

021

SFMTA

1063

IS Programmer Analyst-Senior

021

COMMN

1064

IS Prg Analyst-Principal

021

SFMTA

1064

IS Prg Analyst-Principal

021

COMMN

1070

IS Project Director

021

SFMTA

1070

IS Project Director

021

COMMN

1091

IT Operations Support Admin I

021

SFMTA

1091

IT Operations Support Admin I

021

COMMN

1092

IT Operations Support Admin II

021

SFMTA

1092

IT Operations Support Admin II

021

COMMN

1093

IT Operations Support Admn III

021

SFMTA

1093

IT Operations Support Admn III

021

COMMN

1094

IT Operations Support Admin IV

021

SFMTA

1094

IT Operations Support Admin IV

021

COMMN

1095

IT Operations Support Admin V

021

SFMTA

1095

IT Operations Support Admin V

021

COMMN

1130

Youth Comm Advisor

022

COMMN

1203

Personnel Technician

022

SFMTA

1203

Personnel Technician

022

COMMN

1229

Special Examiner

022

COMMN

1230

Instructional Designer

021

COMMN

1231

EEO Senior Specialist

022

SFMTA

1231

EEO Senior Specialist

022

COMMN

1232

Training Officer

021

SFMTA

1232

Training Officer

021

COMMN

1233

EEO Programs Specialist

022

SFMTA

1233

EEO Programs Specialist

022

COMMN

1241

Personnel Analyst

022

APPENDIX A

MEMORANDUM OF UNDERSTANDING, FY 2022 - 2024

CITY AND COUNTY OF SAN FRANCISCO AND

IFPTE, LOCAL 21

A-3

SFMTA

1241

Personnel Analyst

022

COMMN

1244

Senior Personnel Analyst

022

SFMTA

1244

Senior Personnel Analyst

022

COMMN

1246

Principal Personnel Analyst

022

SFMTA

1246

Principal Personnel Analyst

022

COMMN

1249

Personnel Trainee

022

SFMTA

1249

Personnel Trainee

022

COMMN

1250

Recruiter

022

SFMTA

1250

Recruiter

022

COMMN

1312

Public Information Officer

021

SFMTA

1312

Public Information Officer

021

COMMN

1314

Public Relations Officer

021

SFMTA

1314

Public Relations Officer

021

COMMN

1360

Special Assistant 1

021

SFMTA

1360

Special Assistant 1

021

COMMN

1361

Special Assistant 2

021

SFMTA

1361

Special Assistant 2

021

COMMN

1362

Special Assistant 3

021

SFMTA

1362

Special Assistant 3

021

COMMN

1363

Special Assistant 4

021

SFMTA

1363

Special Assistant 4

021

COMMN

1364

Special Assistant 5

021

SFMTA

1364

Special Assistant 5

021

COMMN

1365

Special Assistant 6

021

SFMTA

1365

Special Assistant 6

021

COMMN

1366

Special Assistant 7

021

SFMTA

1366

Special Assistant 7

021

COMMN

1367

Special Assistant 8

021

SFMTA

1367

Special Assistant 8

021

COMMN

1368

Special Assistant 9

021

SFMTA

1368

Special Assistant 9

021

COMMN

1369

Special Assistant 10

021

SFMTA

1369

Special Assistant 10

021

COMMN

1370

Special Assistant 11

021

SFMTA

1370

Special Assistant 11

021

COMMN

1371

Special Assistant 12

021

SFMTA

1371

Special Assistant 12

021

COMMN

1452

Executive Secretary 2

022

APPENDIX A

MEMORANDUM OF UNDERSTANDING, FY 2022 - 2024

CITY AND COUNTY OF SAN FRANCISCO AND

IFPTE, LOCAL 21

A-4

SFMTA

1452

Executive Secretary 2

022

COMMN

1454

Executive Secretary 3

022

SFMTA

1454

Executive Secretary 3

022

COMMN

1492

Asst Clk, Board of Supervisors

022

SFMTA

1492

Asst Clk, Board of Supervisors

022

COMMN

1522

Cfdntal Sctry to City Atty

022

COMMN

1543

Secretary, Comm on the Environ

022

COMMN

1544

Secretary, Library Commission

022

COMMN

1548

Sctry, Human Svcs. Commission

022

COMMN

1549

Sctry, Juv Probation Comm

022

COMMN

1551

Secretary, Health Commission

022

COMMN

1555

Sctry, Bldg Inspection Comm

022

COMMN

1574

Ex Asst to the Controller

022

COMMN

1649

Accountant Intern

021

SFMTA

1649

Accountant Intern

021

COMMN

1650

Accountant I

021

SFMTA

1650

Accountant I

021

COMMN

1652

Accountant II

021

SFMTA

1652

Accountant II

021

COMMN

1654

Accountant III

021

SFMTA

1654

Accountant III

021

COMMN

1657

Accountant IV

021

SFMTA

1657

Accountant IV

021

COMMN

1670

Financial Systems Supervisor

021

SFMTA

1670

Financial Systems Supervisor

021

COMMN

1684

Auditor II

021

SFMTA

1684

Auditor II

021

COMMN

1686

Auditor III

021

SFMTA

1686

Auditor III

021

COMMN

1801

Analyst Trainee

021

COMMN

1803

Performance Analyst I

021

COMMN

1804

Statistician

021

SFMTA

1804

Statistician

021

COMMN

1805

Performance Analyst II

021

SFMTA

1805

Performance Analyst II

021

COMMN

1806

Senior Statistician

021

SFMTA

1806

Senior Statistician

021

COMMN

1823

Senior Administrative Analyst

021

APPENDIX A

MEMORANDUM OF UNDERSTANDING, FY 2022 - 2024

CITY AND COUNTY OF SAN FRANCISCO AND

IFPTE, LOCAL 21

A-5

SFMTA

1823

Senior Administrative Analyst

021

COMMN

1824

Pr Administrative Analyst

021

SFMTA

1824

Pr Administrative Analyst

021

COMMN

1825

Prnpl Admin Analyst II

021

SFMTA

1825

Prnpl Admin Analyst II

021

COMMN

1827

Administrative Services Mgr

021

SFMTA

1827

Administrative Services Mgr

021

COMMN

1830

Perf Analyst III Project Mgr

021

COMMN

1835

Legislative Assistant

022

SFMTA

1835

Legislative Assistant

022

COMMN

1849

Prog Mgr, Bus & Econ Develop

021

COMMN

1867

Auditor I

021

COMMN

1942

Asst Materials Coordinator

021

SFMTA

1942

Asst Materials Coordinator

021

COMMN

1944

Materials Coordinator

021

SFMTA

1944

Materials Coordinator

021

COMMN

1950

Assistant Purchaser

021

SFMTA

1950

Assistant Purchaser

021

COMMN

1952

Purchaser

021

SFMTA

1952

Purchaser

021

COMMN

1956

Senior Purchaser

021

SFMTA

1956

Senior Purchaser

021

COMMN

1958

Supervising Purchaser

021

SFMTA

1958

Supervising Purchaser

021

COMMN

2107

Med Staff Svcs Dept Anl

021

COMMN

2119

Health Care Analyst

021

COMMN

2218

Physician Assistant

021

COMMN

2403

Forensic Laboratory Analyst

021

COMMN

2456

Forensic Toxicologist

021

COMMN

2457

Forensic Toxicologist Supervis

021

COMMN

2458

Chief Forensic Toxicologist

021

COMMN

2481

Water Quality Technician

021

SFMTA

2481

Water Quality Technician

021

COMMN

2482

Water Quality Tech III

021

COMMN

2483

Biologist

021

COMMN

2484

Biologist III

021

COMMN

2485

Supv Biologist

021

COMMN

2486

Chemist

021

APPENDIX A

MEMORANDUM OF UNDERSTANDING, FY 2022 - 2024

CITY AND COUNTY OF SAN FRANCISCO AND

IFPTE, LOCAL 21

A-6

COMMN

2487

Chemist III

021

COMMN

2488

Supv Chemist

021

COMMN

2489

Lab Svcs Mgr

021

COMMN

2538

Audiometrist

021

SFMTA

2538

Audiometrist

021

COMMN

2540

Audiologist

021

SFMTA

2540

Audiologist

021

COMMN

2542

Speech Pathologist

021

SFMTA

2542

Speech Pathologist

021

COMMN

2548

Occupational Therapist

021

SFMTA

2548

Occupational Therapist

021

COMMN

2550

Senior Occupational Therapist

021

SFMTA

2550

Senior Occupational Therapist

021

COMMN

2551

Mental Hlth Treatment Spec

021

SFMTA

2551

Mental Hlth Treatment Spec

021

COMMN

2555

Physical Therapist Assistant

021

SFMTA

2555

Physical Therapist Assistant

021

COMMN

2556

Physical Therapist

021

SFMTA

2556

Physical Therapist

021

COMMN

2558

Senior Physical Therapist

021

SFMTA

2558

Senior Physical Therapist

021

COMMN

2561

Optometrist

021

COMMN

2566

Rehabilitation Counselor

021

SFMTA

2566

Rehabilitation Counselor

021

COMMN

2576

Sprv Clincal Psychologist

021

COMMN

2589

Health Program Coordinator 1

021

SFMTA

2589

Health Program Coordinator 1

021

COMMN

2591

Health Program Coordinator 2

021

SFMTA

2591

Health Program Coordinator 2

021

COMMN

2593

Health Program Coordinator 3

021

SFMTA

2593

Health Program Coordinator 3

021

COMMN

2594

Employee Assistance Counselor

021

SFMTA

2594

Employee Assistance Counselor

021

COMMN

2595

Sr Employee Asst Counselor

021

SFMTA

2595

Sr Employee Asst Counselor

021

COMMN

2802

Epidemiologist 1

021

SFMTA

2802

Epidemiologist 1

021

COMMN

2803

Epidemiologist 2

021

APPENDIX A

MEMORANDUM OF UNDERSTANDING, FY 2022 - 2024

CITY AND COUNTY OF SAN FRANCISCO AND

IFPTE, LOCAL 21

A-7

SFMTA

2803

Epidemiologist 2

021

COMMN

2819

Assistant Health Educator

021

SFMTA

2819

Assistant Health Educator

021

COMMN

2822

Health Educator

021

SFMTA

2822

Health Educator

021

COMMN

2825

Senior Health Educator

021

SFMTA

2825

Senior Health Educator

021

COMMN

2846

Nutritionist

021

SFMTA

2846

Nutritionist

021

COMMN

2924

Medical Social Work Supervisor

021

SFMTA

2924

Medical Social Work Supervisor

021

COMMN

2978

Contract Compliance Officer 2

021

SFMTA

2978

Contract Compliance Officer 2

021

COMMN

2982

Rent Board Supervisor

021

SFMTA

2982

Rent Board Supervisor

021

COMMN

2992

Contract Compliance Officer 1

021

SFMTA

2992

Contract Compliance Officer 1

021

COMMN

3374

Volunteer/Outreach Coord

021

COMMN

3530

Chaplain

021

SFMTA

3530

Chaplain

021

COMMN

4140

Real Property Manager

021

COMMN

4142

Senior Real Property Officer

021

COMMN

4143

Principal Real Property Ofc

021

COMMN

4220

Personal Property Auditor

021

COMMN

4222

Sr Personal Property Auditor

021

COMMN

4224

Pr Personal Property Auditor

021

COMMN

4230

Estate Investigator

021

COMMN

4231

Senior Estate Investigator

021

COMMN

4232

Veterans Claims Representative

021

COMMN

4233

Veterans Claims Representative

021

COMMN

4260

Real Prop Appraiser Trainee

021

COMMN

4261

Real Property Appraiser

021

COMMN

4265

Senior Real Property Appraiser

021

COMMN

4267

Pr Real Property Appraiser

021

COMMN

5120

Architectural Administrator

021

SFMTA

5120

Architectural Administrator

021

COMMN

5130

Sewage Treatment Plant Supt

021

SFMTA

5130

Sewage Treatment Plant Supt

021

APPENDIX A

MEMORANDUM OF UNDERSTANDING, FY 2022 - 2024

CITY AND COUNTY OF SAN FRANCISCO AND

IFPTE, LOCAL 21

A-8

COMMN

5174

Administrative Engineer

021

SFMTA

5174

Administrative Engineer

021

COMMN

5177

Safety Officer

021

SFMTA

5177

Safety Officer

021

COMMN

5201

Junior Engineer

021

SFMTA

5201

Junior Engineer

021

COMMN

5203

Assistant Engineer

021

SFMTA

5203

Assistant Engineer

021

COMMN

5207

Assoc Engineer

021

SFMTA

5207

Assoc Engineer

021

COMMN

5209

Industrial Engineer

021

SFMTA

5209

Industrial Engineer

021

COMMN

5211

Eng/Arch/Landscape Arch Sr

021

SFMTA

5211

Eng/Arch/Landscape Arch Sr

021

COMMN

5212

Engineer/Architect Principal

021

SFMTA

5212

Engineer/Architect Principal

021

COMMN

5214

Building Plans Engineer

021

SFMTA

5214

Building Plans Engineer

021

COMMN

5215

Fire Protection Engineer

021

SFMTA

5215

Fire Protection Engineer

021

COMMN

5216

Chief Surveyor

021

SFMTA

5216

Chief Surveyor

021

COMMN

5218

Structural Engineer

021

SFMTA

5218

Structural Engineer

021

COMMN

5219

Senior Structural Engineer

021

SFMTA

5219

Senior Structural Engineer

021

COMMN

5241

Engineer

021

SFMTA

5241

Engineer

021

COMMN

5260

Architectural Assistant 1

021

SFMTA

5260

Architectural Assistant 1

021

COMMN

5261

Architectural Assistant 2

021

SFMTA

5261

Architectural Assistant 2

021

COMMN

5262

Landscape Architect Assoc 1

021

SFMTA

5262

Landscape Architect Assoc 1

021

COMMN

5265

Architectural Associate 1

021

SFMTA

5265

Architectural Associate 1

021

COMMN

5266

Architectural Associate 2

021

SFMTA

5266

Architectural Associate 2

021

APPENDIX A

MEMORANDUM OF UNDERSTANDING, FY 2022 - 2024

CITY AND COUNTY OF SAN FRANCISCO AND

IFPTE, LOCAL 21

A-9

COMMN

5268

Architect

021

SFMTA

5268

Architect

021

COMMN

5272

Landscape Architect Assoc 2

021

SFMTA

5272

Landscape Architect Assoc 2

021

COMMN

5274

Landscape Architect

021

SFMTA

5274

Landscape Architect

021

COMMN

5275

Planner Technician

021

COMMN

5276

City Planning Intern

021

COMMN

5277

Planner 1

021

SFMTA

5277

Planner 1

021

COMMN

5278

Planner 2

021

SFMTA

5278

Planner 2

021

COMMN

5283

Planner 5

021

SFMTA

5283

Planner 5

021

COMMN

5288

Transportation Planner II

021

SFMTA

5288

Transportation Planner II

021

COMMN

5289

Transportation Planner III

021

SFMTA

5289

Transportation Planner III

021

COMMN

5290

Transportation Planner IV

021

SFMTA

5290

Transportation Planner IV

021

COMMN

5291

Planner 3

021

SFMTA

5291

Planner 3

021

COMMN

5293

Planner 4

021

SFMTA

5293

Planner 4

021

COMMN

5298

Planner 3-Environmental Review

021

SFMTA

5298

Planner 3-Environmental Review

021

COMMN

5299

Planner 4-Environmental Review

021

SFMTA

5299

Planner 4-Environmental Review

021

COMMN

5301

Manager, Traffic Painting Prog

021

SFMTA

5301

Manager, Traffic Painting Prog

021

COMMN

5302

Traffic Survey Technician

021

SFMTA

5302

Traffic Survey Technician

021

COMMN

5303

Sprv, Traffic & Street Signs

021

SFMTA

5303

Sprv, Traffic & Street Signs

021

COMMN

5304

Materials Testing Aide

021

SFMTA

5304

Materials Testing Aide

021

COMMN

5305

Materials Testing Technician

021

SFMTA

5305

Materials Testing Technician

021

APPENDIX A

MEMORANDUM OF UNDERSTANDING, FY 2022 - 2024

CITY AND COUNTY OF SAN FRANCISCO AND

IFPTE, LOCAL 21

A-10

SFMTA

5306

Traffic Sign Manager

021

COMMN

5310

Survey Assistant I

021

SFMTA

5310

Survey Assistant I

021

COMMN

5312

Survey Assistant II

021

SFMTA

5312

Survey Assistant II

021

COMMN

5314

Survey Associate

021

SFMTA

5314

Survey Associate

021

COMMN

5320

Illustrator and Art Designer

021

SFMTA

5320

Illustrator and Art Designer

021

COMMN

5330

Graphics Supervisor

021

SFMTA

5330

Graphics Supervisor

021

COMMN

5362

Engineering Assistant

021

SFMTA

5362

Engineering Assistant

021

COMMN

5364

Engineering Associate 1

021

SFMTA

5364

Engineering Associate 1

021

COMMN

5366

Engineering Associate 2

021

SFMTA

5366

Engineering Associate 2

021

COMMN

5380

StdntDsgnTrain1, Arch/Eng/Plng

021

SFMTA

5380

StdntDsgnTrain1, Arch/Eng/Plng

021

COMMN

5381

StdntDsgn Train2/Arch/Eng/Plng

021

SFMTA

5381

StdntDsgn Train2/Arch/Eng/Plng

021

COMMN

5382

StdntDsgnTrain3, Arch/Eng/Plng

021

SFMTA

5382

StdntDsgnTrain3, Arch/Eng/Plng

021

COMMN

5408

Coord of Citizen Involvement

021

SFMTA

5408

Coord of Citizen Involvement

021

COMMN

5502

Project Manager 1

021

SFMTA

5502

Project Manager 1

021

COMMN

5504

Project Manager 2

021

SFMTA

5504

Project Manager 2

021

COMMN

5506

Project Manager 3

021

SFMTA

5506

Project Manager 3

021

COMMN

5508

Project Manager 4

021

SFMTA

5508

Project Manager 4

021

COMMN

5601

Utility Analyst

021

COMMN

5602

Utility Specialist

021

COMMN

5620

Regulatory Specialist

021

SFMTA

5620

Regulatory Specialist

021

COMMN

5638

Environmental Assistant

021

APPENDIX A

MEMORANDUM OF UNDERSTANDING, FY 2022 - 2024

CITY AND COUNTY OF SAN FRANCISCO AND

IFPTE, LOCAL 21

A-11

COMMN

5640

Environmental Spec

021

COMMN

5642

Sr. Environmental Spec

021

COMMN

5644

Principal Environ Specialist

021

COMMN

6115

Wastewater Control Inspector

021

SFMTA

6115

Wastewater Control Inspector

021

COMMN

6116

Sprv Wastewater Cont Inspector

021

SFMTA

6116

Sprv Wastewater Cont Inspector

021

COMMN

6130

Safety Analyst

021

SFMTA

6130

Safety Analyst

021

COMMN

6137

Assistant Industrial Hygienist

021

SFMTA

6137

Assistant Industrial Hygienist

021

COMMN

6138

Industrial Hygienist

021

SFMTA

6138

Industrial Hygienist

021

COMMN

6139

Senior Industrial Hygienist

021

SFMTA

6139

Senior Industrial Hygienist

021

COMMN

6222

Depty Sealer of Weights & Meas

021

COMMN

6229

Street Inspector Trainee

021

COMMN

6230

Street Inspector

021

SFMTA

6230

Street Inspector

021

COMMN

6231

Senior Street Inspector

021

SFMTA

6231

Senior Street Inspector

021

COMMN

6232

Street Inspection Supervisor

021

SFMTA

6232

Street Inspection Supervisor

021

COMMN

6262

Plan Checker

021

SFMTA

6262

Plan Checker

021

COMMN

6266

Senior Plan Checker

021

SFMTA

6266

Senior Plan Checker

021

COMMN

6270

Housing Inspector

021

SFMTA

6270

Housing Inspector

021

COMMN

6272

Senior Housing Inspector

021

SFMTA

6272

Senior Housing Inspector

021

COMMN

6274

Chief Housing Inspector

021

SFMTA

6274

Chief Housing Inspector

021

COMMN

6281

Fire Safety Inspector 2

021

SFMTA

6281

Fire Safety Inspector 2

021

COMMN

6315

Cost Estimator

021

COMMN

6317

Assistant Const Inspector

021

SFMTA

6317

Assistant Const Inspector

021

APPENDIX A

MEMORANDUM OF UNDERSTANDING, FY 2022 - 2024

CITY AND COUNTY OF SAN FRANCISCO AND

IFPTE, LOCAL 21

A-12

COMMN

6318

Construction Inspector

021

SFMTA

6318

Construction Inspector

021

COMMN

6319

Senior Const Inspector

021

SFMTA

6319

Senior Const Inspector

021

COMMN

6335

Disability Access Coordinator

021

SFMTA

6335

Disability Access Coordinator

021

COMMN

7132

Telecommunication Supervisor

021

SFMTA

7132

Telecommunication Supervisor

021

COMMN

7336

Electr Instrmntn Tech Wtr Poll

021

SFMTA

7336

Electr Instrmntn Tech Wtr Poll

021

COMMN

7457

Sign Worker

021

SFMTA

7457

Sign Worker

021

COMMN

8116

Legislative Calendar Clerk

022

SFMTA

8116

Legislative Calendar Clerk

022

COMMN

8118

Legislative Clerk

022

SFMTA

8118

Legislative Clerk

022

COMMN

8132

DA Investigative Assist

021

SFMTA

8132

DA Investigative Assist

021

COMMN

8151

Claims Investigator, CA

022

SFMTA

8151

Claims Investigator, CA

022

COMMN

8152

SrClaimsInvstgtor,Cty Atty Ofc

022

SFMTA

8152

SrClaimsInvstgtor,Cty Atty Ofc

022

COMMN

8167

Admin Hearing Examiner

021

SFMTA

8167

Admin Hearing Examiner

021

SFMTA

8168

Administrative Hearing Sup

021

COMMN

8169

Legislative Asst City Atty Ofc

022

SFMTA

8169

Legislative Asst City Atty Ofc

022

COMMN

8173

Legal Assistant

021

SFMTA

8173

Legal Assistant

021

COMMN

8219

Parking Enforcement Admin

021

SFMTA

8219

Parking Enforcement Admin

021

COMMN

8240

Pub Safety Communication Coord

021

SFMTA

8240

Pub Safety Communication Coord

021

COMMN

8247

Emergency Planning Coordinator

021

COMMN

8252

Forensic Latent Examiner I

021

COMMN

8253

Forensic Latent Examiner II

021

COMMN

8254

Forensic Latent Examiner Sup

021

COMMN

8259

Criminalist I

021

APPENDIX A

MEMORANDUM OF UNDERSTANDING, FY 2022 - 2024

CITY AND COUNTY OF SAN FRANCISCO AND

IFPTE, LOCAL 21

A-13

COMMN

8260

Criminalist II

021

SFMTA

8260

Criminalist II

021

COMMN

8262

Criminalist III

021

SFMTA

8262

Criminalist III

021

COMMN

8264

Forensic Document Examiner

021

SFMTA

8264

Forensic Document Examiner

021

COMMN

8600

Emergency Services Assistant

021

COMMN

8601

Emergency Services Coord I

021

COMMN

8602

Emergency Services Coord II

021

SFMTA

8602

Emergency Services Coord II

021

COMMN

8603

Emergency Services Coord III

021

COMMN

8604

Emergency Services Coord IV

021

SFMTA

9151

Real Estate Devt. Mgr, SFMTA

021

SFMTA

9195

Light Rail Vehicle Equip Eng

021

SFMTA

9196

Sr Light Rail Veh Equip Eng

021

SFMTA

9197

Signal and Systems Engineer

021

COMMN

9206

Airport Property Specialist 1

021

COMMN

9255

Airport Economic Planner

021

COMMN

9376

Market Research Spec, Port

021

COMMN

9377

Feasibility Analyst, Port

021

COMMN

9386

Senior Property Manager, Port

021

COMMN

9393

Maritime Marketing Repr

021

COMMN

9395

Property Manager, Port

021

COMMN

9976

Technology Expert I

021

SFMTA

9976

Technology Expert I

021

COMMN

O970

Accounting Supervisor (OCII)

021

COMMN

O990

Assistant Prjct Manager (OCII)

021

APPENDIX B

MEMORANDUM OF UNDERSTANDING, FY 2022-2024

CITY AND COUNTY OF SAN FRANCISCO AND

IFPTE, LOCAL 21

B-1

APPENDIX B: SCHEDULES OF COMPENSATION

(To be appended by September 30, 2014)

APPENDIX C

MEMORANDUM OF UNDERSTANDING, FY 2022 - 2024

CITY AND COUNTY OF SAN FRANCISCO AND

IFPTE, LOCAL 21

C-1

APPENDIX C: CIP ADDENDUM

CAPITAL IMPROVEMENT PLAN PROJECTS MOU ADDENDUM

TO THE 2012-2014 MEMORANDUM OF UNDERSTANDING

BETWEEN THE CITY AND COUNTY OF SAN FRANCISCO AND

THE INTERNATIONAL FEDERATION OF PROFESSIONAL

AND TECHNICAL ENGINEERS, LOCAL 21, AFL-CIO

Introduction

San Francisco faces an unprecedented challenge: to restore its aging water system to ensure a

reliable Bay Area water supply and avoid system outages which could be caused by natural disasters.

The City faces similar challenges in maintaining, restoring, and improving other essential City

infrastructure components.

The parties recognize that achievement of this goal requires an extraordinary level of labor-

management cooperation, and that disagreements regarding contracting out, terms and conditions of

employment, hiring and promotion methods, and other matters have the potential to interfere with

implementation of the City's capital projects. The parties further recognize that the success of the City's

capital projects will require new and innovative approaches in many employment-related areas including

recruitment, hiring, promotion, training, work rules, compensation, evaluation, and management.

The purpose of this Agreement is to promote the efficiency of design, construction management

and project management operations for the City's capital projects and provide for efficient resolution of

labor disputes and grievances, thereby promoting the public interest in assuring the timely and

economical completion of capital projects.

Findings

WHEREAS, the City is or will be engaged in a number of significant capital projects in the coming years

which will require that work proceed in an efficient manner without delay or disruption because of

disagreements between the City and the Union; and

WHEREAS, the largest capital project the City faces is the modernization and repair of the Hetch Hetchy

water supply system;

WHEREAS, the voters passed Propositions A and E, ensuring that funding is available to complete this

ambitious program in a timely manner; and

WHEREAS, the voters have found that “the protection, maintenance and repair of the [Hetch Hetchy

water supply] system are among their highest priorities”; and

APPENDIX C

MEMORANDUM OF UNDERSTANDING, FY 2022 - 2024

CITY AND COUNTY OF SAN FRANCISCO AND

IFPTE, LOCAL 21

C-2

WHEREAS, the PUC CIP consists of approximately 38 infrastructure improvement projects for regional

water and approximately 39 infrastructure improvement projects for local water and may in the future

also consists of a Clean Water Improvement Program and a Repair and Replacement Program; and

WHEREAS, successful completion of the PUC CIP is of the utmost importance to the general public in

the San Francisco Bay Area and the state; and

WHEREAS, the Public Utilities Commission (PUC), the Department of Public Works (DPW) and the

Department of Human Resources are strategic partners on the PUC CIP and have entered into MOUs

memorializing their agreements to share responsibility for completion of the PUC CIP; and

WHEREAS, successful completion of City capital projects is of the utmost importance to the general

public; and

WHEREAS, the interests of the general public, the City and County of San Francisco and IFPTE, Local

21 are best served if the work on all capital projects proceeds in an efficient manner without delay or

disruption because of disagreements between the City and the Union; and

WHEREAS, the City and the Union desire to establish specific and unique terms and conditions of

employment to ensure the City's capital projects are completed with utmost quality, with in-house staff

to the greatest extent practicable and on-time and on-budget; and

WHEREAS, through this Agreement, the City and the Union desire to encourage close cooperation

which ensures that a satisfactory and harmonious relationship will exist among the parties; and

WHEREAS, the current collective bargaining agreement between Local 21 and the City shall be

amended by the Board of Supervisors to incorporate this Agreement; and

WHEREAS, this Agreement shall not replace, interfere, abrogate, diminish or modify the terms and

conditions of the parties' existing collective bargaining agreement except as specifically amended; and

WHEREAS, the parties signatory to this Agreement pledge their full good faith and trust to work towards

a mutually satisfactory completion of the City's capital projects.

NOW, THEREFORE, IT IS AGREED BETWEEN AND AMONG THE PARTIES HERETO, AS

FOLLOWS:

APPENDIX C

MEMORANDUM OF UNDERSTANDING, FY 2022 - 2024

CITY AND COUNTY OF SAN FRANCISCO AND

IFPTE, LOCAL 21

C-3

ARTICLE I - DEFINITIONS

1.1 "Agreement" means "Capital Improvement Plan Projects MOU Addendum" between the City

and Local 21 covering the City's capital projects.

1.2 "Capital Improvement Program" or "CIP" means the Capital Improvement Program of the San

Francisco Public Utilities Commission which consists of approximately 38 infrastructure

improvement projects for regional water and approximately 39 infrastructure improvement

projects for local water, all of which will be bond funded. The CIP may also in the future include

a bond-funded Clean Water Improvement Program and a Repair and Replacement Program in

which annual water revenues will be utilized for ongoing maintenance of these regional and water

projects.

1.3 "Major Capital Projects" as used herein mean those capital projects with budgets for construction,

professional /personal services, purchase, or installation that continue over a multi-year period

and that provide facilities, systems or equipment with a useful life of three years or more or

extend the useful life of a facility, system or equipment for three years or more and that: 1)

exceed five (5) million dollars ($5,000,000.00); or 2) exceed one million dollars ($1,000,000.00)

and which are certified by the Appointing Officer and the City Administrator’s Office as so

significantly complex as to merit additional compensation for those employees working on such

projects. Significantly complex projects are those projects that involve three or more engineering

disciplines and that:

i. carry a high degree of consequence of error that could result in potentially significant bond

penalties or potential loss of significant grant or bond funding; and or,

ii. require significant involvement in negotiation and consensus building among a variety of

stakeholders, including regulatory agencies; involve complex, unusual or unique construction

or fabrication methods; and that are generally highly visible.

1.4 The decision of the Appointing Officer and/or City Administrator’s Office regarding the

complexity of a capital project as provided in paragraph 1.3 above shall not be subject to the

grievance procedures under this Agreement or to interest arbitration.

1.5 "City" means City and County of San Francisco.

1.6 "CSC" means the Civil Service Commission of the City and County of San Francisco.

1.7 "Day" means calendar days, unless otherwise expressly provided.

1.8 "DHR" means Department of Human Resources, a department of the City.

1.9 "DPW" means Department of Public Works, a department of the City.

1.10 “MTA” means Municipal Transportation Agency.

APPENDIX C

MEMORANDUM OF UNDERSTANDING, FY 2022 - 2024

CITY AND COUNTY OF SAN FRANCISCO AND

IFPTE, LOCAL 21

C-4

1.11 "Emergency" means unanticipated event or delay that impacts the functionality of the water

system.

1.12 "JUCC" means Joint Union-City Committee, a joint labor management committee between the

City and Local 21.

1.13 "Local 21" means "Union" or "International Federation of Professional and Technical Engineers

(IFPTE), Local 21."

1.14 "MMBA" means the Meyers-Milias-Brown Act, Government Code section 3500 et seq.

1.15 "MOU" means the memorandum of understanding between the City and Local 21.

1.16 "Parties" means the City and County of San Francisco and the International Federation of

Professional and Technical Engineers (IFPTE), Local 21.

1.17 "Planning" means the activities of employees in the classes covered by this Agreement during

the pre-design and/or planning phase of the City’s capital projects.

1.18 "PUC" means Public Utilities Commission, a department of the City.

1.19 "RFP" or "RFQ" means Request for Proposal or Request for Qualifications.

1.20 "UCRC" means Union/City Relations Committee.

ARTICLE II – SCOPE OF AGREEMENT

2.1 Parties. Subject to approval by the Board of Supervisors and ratification by the Union, the

Agreement shall apply to the City and County of San Francisco and IFPTE, Local 21.

2.2 Covered Classifications. This Agreement shall govern the following Local 21 represented

design, construction management and project management classifications.

5120 Architectural Administrator

5174 Administrative Engineer

5201 Junior Engineer

5203 Assistant Engineer

5205 Associate Materials Engineer

5207 Associate Engineer

5211 Senior Engineer

5212 Principal Engineer

5218 Structural Engineer

5219 Senior Structural Engineer

5241 Engineer

5260 Architectural Assistant I

APPENDIX C

MEMORANDUM OF UNDERSTANDING, FY 2022 - 2024

CITY AND COUNTY OF SAN FRANCISCO AND

IFPTE, LOCAL 21

C-5

5261 Architectural Assistant II

5262 Landscape Architect Associate I

5265 Architectural Associate I

5266 Architectural Associate II

5268 Architect

5270 Senior Architect

5272 Landscape Architect Associate II

5273 Principal Architect

5274 Landscape Architect

5275 Senior Landscape Architect

5304 Materials Testing Aide

5305 Materials Testing Technician

5310 Survey Assistant I

5312 Survey Assistant II

5314 Survey Associate

5216 Chief Surveyor

5342 Mechanical Engineering Assistant I

5350 Electrical Engineering Assistant I

5362 Civil Engineering Assistant

5364 Civil Engineering Associate I

5366 Civil Engineering Associate II

5502 Project Manager I

5504 Project Manager II

5506 Project Manager III

5508 Project Manager IV

5601 Utility Analyst

5602 Utility Specialist

5620 Regulatory Specialist

6318 Construction Inspector

6319 Senior Construction Inspector

6335 Disability Access Coordinator

9195 Light Rail Vehicle Equipment Engineer

9196 Senior Light Rail Vehicle Engineer

9197 Signal & Systems Engineer

This Agreement may also cover other classes for which 50% or more of assigned duties of the

incumbents are devoted to major capital projects. Such classes shall be recommended by the

JUCC, the Assistant General Manager for Infrastructure and the Deputy Director for Engineering

to the Human Resources Director for approval after appropriate consultation with affected

Departments.

2.3 Covered Departments. Subject to the limitations of Charter Section 8A.104, this Agreement shall

govern all City departments engaging in major capital projects; except for Article IV

(Contracting) and Article VI (JUCC), which shall govern only the PUC and DPW. The San

Francisco Unified School District and the Community College District are not covered by the

Agreement.

APPENDIX C

MEMORANDUM OF UNDERSTANDING, FY 2022 - 2024

CITY AND COUNTY OF SAN FRANCISCO AND

IFPTE, LOCAL 21

C-6

2.4 Exclusions

2.4.1 Except as set forth herein, the Agreement is not intended to, and shall not affect Local 21

represented classes not covered in Section 2.2.

2.4.2 This Agreement shall not abrogate, diminish or modify the jurisdiction and requirements

of the State Constitution, State Codes, Charter, the Administrative Code and the Civil

Service Commission and Civil Service Commission Rules. Matters within the

jurisdiction of the Civil Service Commission as set forth in Charter Section A8.409-3 are

not subject to any interest or grievance arbitration procedure.

2.4.3 This agreement shall not apply where acceptance of funding from a state or federal agency

precludes its application.

ARTICLE III – STAFFING

3.1 Principles

3.1.1 The parties agree that in order to maximize City employment opportunities, it is necessary

to hire and promote highly qualified employees quickly and efficiently. The parties

acknowledge that many employees involved in capital projects possess state licenses in

engineering, architecture and other specialties; such licenses often establish a candidate’s

minimum qualifications for employment; and, with respect to licensed professionals,

employment and promotional decisions are best addressed at the departmental level.

3.1.2 The parties agree that the hiring methods employed on the CIP and other capital projects

throughout the City should be fair, should honor the merit system, should command

public confidence, and should be focused on creating a talented city workforce.

3.1.3 The parties agree that this Article covers matters within the jurisdiction of the Civil

Service Commission and shall be administered subject to Civil Service Commission

Rules and procedures.

3.2 Hiring

3.2.1 Continuous Testing. As permitted under Civil Service Rule III, the Union agrees to the

use of continuous testing for all classes covered by this agreement.

3.2.2 Certification Rules. In accordance with Civil Service Rule 113, the parties agree to the

following certification rules for covered classes:

APPENDIX C

MEMORANDUM OF UNDERSTANDING, FY 2022 - 2024

CITY AND COUNTY OF SAN FRANCISCO AND

IFPTE, LOCAL 21

C-7

a. Rule of the List. Classes 5211 (Senior Engineer), 5212 (Principal Engineer), 5270

(Senior Architect), 5273 (Principal Architect) and 5275 (Senior Landscape Architect)

shall utilize the Rule of the List.

b. Rule of Seven scores. Classes 5174 (Administrative Engineer), 5241 (Engineer),

5268 (Architect) and 5274 (Landscape Architect) shall utilize a ranked list and the

Rule of Seven scores.

c. Rule of Five scores. Classes 5266 (Architectural Assistant II) and 5272 (Landscape

Architect Associate II) shall utilize a ranked list and the same certification rule (Rule

of Five scores) currently used by Class 5207 (Associate Engineer).

d. Rule of Three scores. Classes 5260 (Architectural Assistant I), 5261 (Architectural

Assistant II), 5262 (Landscape Architectural Associate I) and 5265 (Architectural

Associate I) shall utilize a ranked list and the same certification rule (Rule of Three

scores) currently used for Class 5201 (Junior Engineer) and Class 5203 (Assistant

Engineer).

e. Other Covered Classes. Consistent with Civil Service Rules, the basic certification

will be Rule of Three scores unless the parties mutually agree to a broader certification

rule. All other covered classes shall continue to utilize existing certification rules.

All certification rules may be modified by mutual agreement.

3.2.3 Selection by Appointing Authority. In accordance with Civil Service Rule 113, the

Departments shall apply merit-based criteria in considering all qualified candidates for a

position including procedures similar to those utilized for provisional hiring. Such

procedures shall be developed, promulgated and distributed by the Department of Human

Resources.

3.2.4 MTA. In accordance with Charter Section 8A.104, MTA's human resources director

assumes the powers and duties of the City's Director of Human Resources, including

those related to testing, certification and selection, for service critical classes at MTA.

3.2.5 Appeals. Nothing herein shall waive an employee's right to pursue available remedies

before the Civil Service Commission in accordance with Civil Service Commission

Rules. The Union agrees not to appeal to the Civil Service Commission the utilization of

continuous lists or the application of the certification rules set forth in this Agreement.

Neither hiring decisions nor any other provision of this Section shall be grievable under

either the provisions of this Agreement or the parties' MOU.

3.3 Technical Engineers

3.3.1 The parties agree that employees in technical engineering classifications are necessary

and critical to the successful completion of the CIP. The City and the Union conducted

a utilization study of the technical engineering classifications and have agreed to

implement some of the recommendations.

APPENDIX C

MEMORANDUM OF UNDERSTANDING, FY 2022 - 2024

CITY AND COUNTY OF SAN FRANCISCO AND

IFPTE, LOCAL 21

C-8

ARTICLE IV – CONTRACTING

4.1 Principles

4.1.1 The parties commit to delivering the CIP and related projects with the highest quality and

on-time and on-budget.

4.1.2 The parties commit to use in-house staff to perform engineering, planning, architectural,

construction management, program management and project management work where

feasible and practicable given the needs and schedule of the CIP and related projects.

4.1.3 The parties agree that contracting-out may be necessary in some circumstances and that

disagreements over decisions to contract-out shall be fact-based and shall utilize the

criteria set forth herein.

4.1.4 The parties acknowledge that the process set forth herein is intended as a pilot designed

to improve communication and decision making with regard to contracting issues at PUC

and DPW.

4.1.5 The parties acknowledge that this is a pilot process limited to contracting decisions at

PUC and DPW, but mutually desire that successful outcomes will motivate other City

departments to utilize this pilot process or related processes for contracting decisions.

4.2 Standards for Contracting-Out. The parties recognize that under Civil Service Commission

guidelines contracting-out work may be necessary for the following reasons:

4.2.1 Specialized Expertise. The City may contract-out specialized services for which City

staff do not possess the necessary specialized skills or experience.

4.2.2 Peak Workloads. The City may contract-out to address temporary peak workloads.

Temporary peak workloads are situations where City staff are capable of providing

needed services, but sufficient staff are not available to meet project deadlines and the

work is not forecasted to be sufficient to sustain the hiring of additional, qualified

permanent employees without risk of layoff or displacement.

4.2.3 Emergencies and/or Unanticipated Events or Delays. The City may contract-out work

necessary to address emergencies, unanticipated events or delays.

4.3 Process for Contracting-Out. The City commits to engage in the following process with the

Union before issuing an RFP/RFQ for outside engineering, planning, architectural, construction

management, program management and project management or related services:

4.3.1 Specialized Expertise. Before determining the RFP/RFQ is necessary because the City

lacks specialized expertise to handle specialized work or projects the PUC and DPW will:

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a. Poll other City departments to see if such specialized expertise exists;

b. Engage in forecasting with other City departments to assess whether an in-house

position with the specialized expertise can be supported;

c. Post the need for specialized skills on email or other systems to enable in-house

employees to apply for specialized positions;

d. Determine the extent to which on-going training by City-staff and existing contractors

to employees seeking new skills or job opportunities can mitigate the need to rely

upon additional contractors for such specialized expertise;

e. To the extent applicable, use information contained in the PUC-developed Skills

Bank to determine staff availability and training needs.

4.3.2 Peak Workload. Before determining the RFP/RFQ is necessary to address a peak

workload, the PUC and DPW will engage in forecasting with other City departments to

determine whether the City can sustain the hiring of additional permanent employees

without risk of layoff or displacement.

4.3.3 Emergencies, Unanticipated Events or Delays. Before determining the RFP/RFQ is

necessary to address emergencies, unanticipated events or delays, the PUC and DPW will

articulate to the union, in writing, the nature of the emergency or unanticipated delay and

explain how the RFP/RFQ is designed to cure that emergency or unanticipated delay. For

emergencies that imminently threaten health and safety, the procedures set forth in this

Article shall be followed at the earliest practicable time after imminent health and safety

concerns have been addressed.

4.3.4 The PUC and DPW will endeavor to regularly present its contracting needs to the JUCC

Staffing and Contracting Subcommittee with as much advance notice as practicable. At

a minimum, the PUC and DPW will notify the Subcommittee, by providing a draft

RFP/RFQ, at least 11 working days prior to publicly advertising or requesting Civil

Service Commission approval (whichever is earlier) for an RFP/RFQ for engineering,

planning, architectural, project management, program management, construction

management or related services, unless such minimum period is waived by Local 21. In

the notice, the PUC and DPW will identify the need for such contracting consistent with

the criteria in Sections 4.2 and 4.3. The Subcommittee will meet to discuss the rationale

for contracting-out within five working days of notice being provided. The

Subcommittee may recommend modifications or alternatives to such contracting,

provided that such recommendations or alternatives be forwarded to the Assistant General

Manager for Infrastructure at PUC or the Deputy Director of Engineering at DPW within

11 working days of notice, except by mutual agreement.

4.4 Prop. J Contracts. Nothing herein is intended to alter or diminish the City's rights or obligations

with respect to contracting under Charter Section 10.104 (15).

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4.5 Appeals. If the Union disagrees with the decision to contract out, it may pursue available

remedies before the Civil Service Commission or the Board of Supervisors with respect to Prop

J. contracts desired under Charter Section 10.104 (15). The decision to contract out shall not be

grievable.

ARTICLE V – COMPENSATION

5.1 Principles

5.1.1 Recognizing the challenging goals of the CIP and other major capital projects, the parties

agree that a flexible compensation structure is necessary. In particular, incentives may

be appropriate to encourage and recognize employees who assume additional

responsibilities, develop and utilize specialized skills through classroom and on-the-job

training, and exhibit leadership, initiative and creativity in their field.

5.1.2 The parties further acknowledge that although basic compensation levels are established

through their existing MOU, the needs and resources of the CIP and related major capital

projects are unique.

5.2 Leadership Pay

5.2.1 Eligibility

a. Subject to the conditions herein, employees directed to perform any of the

assignments referenced and defined in sub-section 5.2.2 shall receive a premium

equal to 5% of base salary for hours that such duties are actually performed. Such

incentives are intended to recognize additional responsibilities and/or special skills

on the CIP and other major capital projects. Leadership pay shall be considered as

part of an employee's salary for the purpose of computing retirement benefits and

retirement contributions.

b. An Employee is not eligible to receive Leadership Pay if:

i. The employee is receiving acting assignment pay pursuant to MOU section III.B.2

(Acting Assignment Pay) or a supervisory differential pursuant to MOU section

III.B.4 (Supervisory Differential Adjustment).

ii. The employee is receiving Lead Person Pay under MOU Section III.B.5 (Lead

Person Pay) on the same day.

iii. The employee is assigned or appointed to a project manager classification.

c. All assignments eligible for Leadership Pay must be made in writing and approved

by the Appointing Officer or designee. Such assignments are at the sole discretion of

the Appointing Officer or designee.

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d. It is understood that additional compensation is intended for the hours that such

additional duties are performed. An employee who believes they qualify for such a

premium, and the premium has not been paid, shall address the issue in accordance

with Article III.B.3 (Acting Assignment Exceptions) of the parties' MOU.

e. Employees shall have no expectation of continued payment once such additional

responsibilities have been completed. The termination or removal of such

responsibilities shall not be subject to the grievance procedure.

f. Leadership pay shall be calculated on base pay.

5.2.2 Leadership Assignments

a. Project Engineer/Architect/Landscape Architect. Employees assigned to function as

the Project Engineer/Architect/Landscape Architect of a major capital project shall

receive a premium equal to 5% of base salary while actually engaged in such

assignments. The Project Engineer/Architect/Landscape Architect (PE) is supervised

by the Functional Manager and reports to a Project Manager for project budget, and

schedule issues. The PE is responsible for ensuring that Design Lead

Engineers/Architects/Landscape Architects and other support groups, including

consultants and other City engineering groups produce integrated work products that

meet project goals. The PE ensures the integrity and timely completion of the critical

engineering calculations, QA, presentations, and progress reporting.

b. Resident Engineer. Employees assigned to function as a resident

engineer/architect/landscape architect (RE) of a major capital project shall receive a

premium equal to 5% of base salary while actually engaged in such functions. The

Resident Engineer (RE) shall be responsible for overall construction management

oversight and completion of the construction project. The function includes

construction team coordination, negotiations, reporting, enforcement of codes and

regulations, monitoring of construction quality, budget and schedule, and

construction close-out; however, inspection duties are not considered a part of the

function. The RE reports to the Construction Manager (CM) for construction issues

and the Project Manager (PM) for financial issues. The RE is the primary point of

contact for the Field Contractor.

c. CAD Manager. Employees in technical engineering classifications shall receive a

premium equal to 5% of base salary when assigned to direct the work of one or more

employees in the same or a higher class, or has lead responsibility for continuous

improvement and enforcement of departmental CAD standards, while actually

engaged in such assignments on major capital projects.

d. Flexible Lead. Employees covered by this Agreement shall receive a premium equal

to 5% of base salary when assigned to direct the work of three or more employees in

the same or a higher class, while actually engaged in such assignments on major

capital projects.

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5.3 Special Skills Pay

5.3.1 Eligibility

a. Employees directed to substantially perform any of the assignments referenced and

defined in sub-section 5.3.2 shall receive a premium equal to 5% of base salary for

the duration of the assignment. Such incentives are intended to recognize additional

responsibilities and/or special skills on the CIP and other capital projects. Special

skills pay shall be considered as part of an employee's salary for the purpose of

computing retirement benefits and retirement contributions.

b. An employee is not eligible to receive Special Skills Pay if:

i. The employee is receiving acting assignment pay pursuant to MOU section III.B.2

(Acting Assignment Pay) or a supervisory differential pursuant to MOU section

III.B.4 (Supervisory Differential Adjustment).

ii. The employee is assigned or appointed to a project manager classification.

c. All Special Skills Pay assignments must be made in writing and approved by the

Appointing Officer or designee. Such assignments are at the sole discretion of the

Appointing Officer or designee.

d. An employee who believes the employee qualifies for such a premium, and the

premium has not been paid, shall address the issue in accordance with Article III.B.3

(Acting Assignment Exceptions) of the parties' MOU.

f. Employees shall have no expectation of continued payment once such additional

responsibilities have been completed. The termination or removal of such

responsibilities shall not be subject to the grievance procedure.

g. Special skills pay shall be calculated on base pay.

5.3.2 Special Skills Assignments. All of the following special skills assignments shall receive

a premium of 5% above base wage for the duration of the assignment on a major capital

project.

a. Scheduler. The Scheduler is responsible for preparing detailed and complex project

or construction schedules using Primavera or similar computer software, or is

responsible for detailed analysis and evaluation of such schedules prepared by others.

The Scheduler performs analysis and evaluation of the impacts of construction

activities at the site and their impact on normal operations at the site. The Scheduler

performs analysis and evaluation of change orders, claims, and other project events

and reports on their impacts on the construction quality and schedule.

b. Cost Estimator. The Cost Estimator prepares detailed cost estimates of major capital

projects during all phases of projects, from conceptual design estimates through

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change order estimates during construction. Such cost estimates shall be based on

industry standard cost estimating databases, supplemented by local cost data and

experience, using formats and methodologies consistent with current industry

practices.

c. Other Specialty. The parties recognize that additional special skills requiring a 5%

incentive may be identified by the City or the JUCC. Such additional special skills

shall be entitled to receive the above premium upon approval of the City's Human

Resources Director after appropriate consultation with affected Departments.

ARTICLE VI – JOINT UNION-CITY COMMITTEE

6.1 Principles

6.1.1 The parties agree that a Joint Union-City Committee (JUCC) shall be a forum for

communication and cooperation to support the joint mission to deliver high quality, cost

effective services to PUC and DPW major capital projects.

6.1.2 The parties agree that both parties bring value, talent and the resources necessary to

provide excellent public service in furtherance of the CIP's primary objectives.

6.1.3 The parties agree that the JUCC will help further the parties' following mutual interests:

a. To improve our relationship;

b. To provide a supportive, productive, challenging, high-quality work environment in

which all employees are treated with dignity and respect and are valued for their

individual and team contributions;

c. To ensure gains in efficiency, effectiveness and accountability thereby helping to

ensure that the PUC CIP and other capital projects are delivered with the highest

quality, on-time and on-budget;

6.1.4 The parties agree that the JUCC is vital to the success of this Agreement and that the

primary mission of the JUCC shall be to ensure that this Agreement functions effectively

and that disputes are resolved expeditiously in support of the PUC CIP’s primary

objectives.

6.1.5 The parties incorporate by reference the Agreement between the PUC and the Union

dated November 16, 2001 which describes the participants in and scope of the JUCC.

The parties further agree to incorporate by reference the Memorandum of Understanding

between the PUC and DPW, dated October 9, 2002 which also addresses the JUCC. To

the extent inconsistencies exist between either the November 16, 2001 Agreement or the

October 9, 2002 MOU and this Agreement, this Agreement shall supercede.

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6.2 JUCC Steering Committee

6.2.1 The JUCC shall consist of a steering committee consisting of five representatives selected

by the City and five representatives selected by Local 21. Each side may select one

alternate.

6.2.2 The JUCC shall be co-chaired by the Assistant General Manager for Infrastructure or

designee and the Executive Director of IFPTE, Local 21 or designee.

6.2.3 The JUCC may appoint additional City and Local 21 representatives to staff sub-

committees or to participate in JUCC matters as necessary.

6.3 Scope of Issues.

6.3.1 The parties agree that the JUCC shall be an advisory body charged with the following

responsibilities:

a. review of CIP and – other major capital projects’ core labor issues including staffing,

contracting, recognition, working conditions and organizational process

improvements;

b. advice and recommendations regarding the meaning, interpretation, or application of

this Agreement;

c. advice and recommendations regarding issues which both the City and the Union

agree to submit to the JUCC;

d. advice and recommendations regarding necessary specialty assignments as described

in Section 5.3.2(d);

e. review of DPW and PUC RFP’s and/or RFQ’s for Personal Service Contracts for

services pertaining to the delivery of major capital projects.

f. advice and recommendations regarding the City’s forecasts of capital project

workloads and staffing availability.

g. creation, deletion or modification of necessary sub-committees.

6.3.2 The parties acknowledge that the JUCC does not in any way displace the City's UCRC or

grievance procedures described in the collective bargaining agreement between the

parties.

6.4 Sub-Committees.

6.4.1 The JUCC shall initially include the following sub-committees, subject to change as set

forth in Section 6.3.1 (f). The composition and membership of each sub-committee shall

be subject to the discretion of the steering committee.

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a. Staffing and Contracting

b. Performance Recognition and Incentive Programs

c. Working Conditions

d. Organization and Process Improvement

6.4.2 The “Quality Initiatives Council” (QIC) shall be incorporated into the JUCC. The

“Process Improvement Teams” (PIT’s) of the QIC shall be reconstituted as

subcommittees of the JUCC subject to the provisions of 6.3.1(f) and 6.4.1.

6.5 Meetings. The JUCC Steering Committee and all subcommittees shall meet as required but not

less than quarterly except by mutual agreement.

ARTICLE VII – EXPEDITED GRIEVANCE PROCEDURE

7.1 Except where specifically excluded, all disputes between Local 21 and the PUC or DPW covered

by this Agreement which cannot be addressed through the JUCC may be submitted by mutual

agreement to expedited arbitration as set forth in Article I.E.(10) of the MOU.

7.2 All other disputes involving the application or interpretation of the parties’ MOU shall be

resolved pursuant to the grievance procedures set forth in Article I.E. of the MOU.

ARTICLE XIII – SAVINGS CLAUSE

8.1 The parties agree that in the event any article, provision, clause sentence or word of the

Agreement is determined to be illegal or void as being in contravention of any applicable law,

by a court of competent jurisdiction, the remainder of the Agreement shall remain in full force

and effect. The parties further agree that if any article, provision, clause, sentence or word of the

Agreement is determined to be illegal or void, by a court of competent jurisdiction, the parties

shall substitute, by mutual agreement, in its place and stead, an article, provision, clause, sentence

or word which will meet the objections to its validity and which will be in accordance with the

intent and purpose of the article, provision, clause, sentence or word in question.

8.2 The parties further agree that in the event that a decision of a court of competent jurisdiction

materially alters the terms of the Agreement such that the intent of the parties is defeated, then

the entire Agreement shall be null and void.

ARTICLE IX – TERM

9.1 This Agreement shall continue in full force and effect through June 30, 20224.

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APPENDIX D: PSC ADDENDUM

WHEREAS, the City and the Union acknowledge the need to reduce the cost of Personal Service

Contracts in the City budget, and desire to preserve the employment of City employees;

NOW, THEREFORE, IT IS AGREED BETWEEN AND AMONG THE PARTIES HERETO, AS

FOLLOWS:

1. In any budget proposal for FY 2009-2010, the Mayor will reflect a reduction of the aggregate

dollar value of Professional and Specialized Services (including Personal Service Contracts

(PSCs)) paid through the General Fund by not less than $25 million and, if practicable, by as

much as $30 million relative to the value of such services in FY 2008-2009.

2. The City has recommended to the Board the elimination of the CPI for contracts, materials, and

supplies for FY 09-10. (Est. $13.5 million)

3. Through FY 2009-2010, the City agrees to use its best efforts to establish opportunities for

individuals on the holdover list for Local 21 classifications to obtain employment in the City’s

enterprise departments.

4. During FY 2009-2010, the City will subject departmental requests for requisition approval by

general fund departments to increased scrutiny. The process, involving the Mayor’s Office and

the Department of Human Resources, requires submissions of organizational charts and

additional justification to obtain approvals. Approvals will be based on criteria including: (i)

whether the positions are revenue-generating; (ii) whether they are needed to meet safety-related,

legal or contractual requirements; (iii) the extent to which the position affects a core City

function; and (iv) the impact of filling the positions on the general fund.

5. The City will meet quarterly with the Union to provide information on its efforts pursuant to

paragraph 3, and on all departmental requests and approvals under paragraph 4.

6. The Mayor’s Chief of Staff will conduct a review by July 1, 2009 to determine whether the design

and construction management work proposed by the Recreation and Park Department at Palega

Playground should be performed by the Department of Public Works and to explore possible

ways to resolve any future disputes involving the MOU between DPW and Rec and Park. As

part of this review, the Chief of Staff shall chair a meeting of representatives of Local 21, DPW

and Rec and Park. The Chief of Staff will prepare a document memorializing the determinations.

Nothing in this paragraph shall prejudice the Union’s right to pursue legal action against the Civil

Service Commission with respect to its decision to permit a PSC contract covering the Palega

Playground work.

7. The City and Local 21 agree to establish a special joint citywide Labor-Management

subcommittee to the PEC joint labor management committee created in section 7a. of this

appendix:

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a. Review areas of General Fund and Enterprise PSCs and other city contracts affecting

Local 21 members with the goal of ensuring appropriate use of Local 21 represented Civil

Service classifications in construction management, inspection, and other work

performed by Local 21 represented classifications.

b. Explore establishing workload forecasting by city departments.

c. Review PSC processes, form(s) and tracking of PSCs, and RFP notice requirements.

The Committee will be formed with three representatives from the Union and three from

management. Release time is to be provided for work of this Committee.

7a. The City and the PEC shall form a joint labor management committee on personal service and

construction/maintenance contracts to do the following:

7b. a. Review areas of General Fund and Enterprise PSCs and other city contracts, including

construction/maintenance contracts, affecting members with the goal of ensuring

appropriate use of Civil Service classifications.

7c. b. Explore establishing workload forecasting by city departments.

7d. c. Review PSC processes, form(s) and tracking of PSCs, and RFP notice requirements and

recommend improvements.

7e. d. Existing committees set out in individual union MOUs shall continue as sub-committees

under this provision but shall take on specific areas of concern so as to avoid redundant

efforts. Parties agree to set meeting agendas in advance to increase efficiency.

7f. e. The Committee will be comprised of eight (8) members of the Public Employee

Committee and eight (8) City representatives. Release time is to be provided for work of

this Committee. The Committee will complete its work by June 30, 2012.

Update as of July 1, 2012

The joint Labor-Management committee on personal services contracts as described above in

paragraph 7 met as agreed and successfully concluded their work early, establishing the attached non-

grievable letter of understanding executed on March 28, 2012. Said letter of understanding is attached

for informational purposes only and is not subject to the grievance procedures under this Agreement or

to interest arbitration. Further, the parties agree that the letter of understanding is not intended to and

shall not be interpreted to impinge on matters within the jurisdiction of the Civil Service Commission

as specified in Charter Section A8.409-3.

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APPENDIX E: SUBSTANCE ABUSE PREVENTION POLICY

1. MISSION STATEMENT

a. Employees are the most valuable resource in the City’s effective and efficient delivery of

services to the public. The parties have a commitment to prevent drug or alcohol impairment in

the workplace and to foster and maintain a drug and alcohol free work environment. The

parties also have a mutual interest in preventing accidents and injuries on the job and, by doing

so, protecting the health and safety of employees, co-workers, and the public.

b. In agreeing to implement this Substance Abuse Prevention Policy (SAPP), the parties affirm

their belief that substance abuse is a treatable condition. The City is committed to identifying

needed resources, both in and outside of the City, for employees who voluntarily seek

assistance in getting well. Those employees who voluntarily seek treatment prior to any testing

shall not be subject to any repercussions or any potential adverse action for doing so. However,

seeking treatment will not excuse prior conduct for which an investigation or disciplinary

proceedings have been initiated.

c. The City is committed to preventing drug or alcohol impairment in the workplace, and to

fostering and maintaining a safe work environment free from alcohol and prohibited drugs at all

of its work sites and facilities. In addition, the City maintains a drug and alcohol free

workplace policy in its Employee Handbook.

2. POLICY

a. To ensure the safety of the City’s employees, co-workers and the public, no employee may sell,

purchase, transfer, possess, furnish, manufacture, use or be under the influence of alcohol or

illegal drugs at any City jobsite, while on City business, or in City facilities.

b. Any employee, regardless of how the employee’s position is funded, who has been convicted of

any drug/alcohol-related crime that occurred while on City business or in City facilities, must

notify the employee’s department head or designee within five (5) days after such conviction.

Failure to report within the time limitation shall subject the employee to disciplinary action, up

to and including termination.

3. DEFINITIONS

a. “Accident” (or “post-Accident”) means an occurrence associated with the Covered Employee’s

operation of Equipment or the operation of a vehicle (including, but not limited to, City-owned

or personal vehicles) used during the course of the Covered Employee’s work day where the

City concludes that the occurrence may have resulted from human error by the Covered

Employee, or could have been avoided by reasonably alert action by the Covered Employee,

and:

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(1) There is a fatality, loss of consciousness, medical treatment required beyond first aid,

medical transport, or other significant injury or illness diagnosed, or treated by, a

physician, paramedic or other licensed health care professional; or

(2) With respect to an occurrence involving a vehicle, there is disabling damage to a

vehicle as a result of the occurrence and the vehicle needs to be transported away from

the scene by a tow truck or driven to a garage for repair before being returned to

service; or

(3) With respect to an occurrence involving Equipment, there is damage to the Equipment

exceeding three thousand dollars ($3,000); or

(4) With respect to an occurrence involving structures or property, there are damages

exceeding ten thousand dollars ($10,000) to the structures or property.

b. “Adulterated Specimen” means a specimen that contains a substance that is not expected to be

present in oral fluid, or contains a substance expected to be present but is at a concentration so

high that it is not consistent with oral fluid.

c. “Alcohol” means the intoxicating agent in beverage alcohol, ethyl alcohol or other low

molecular weights alcohol including methyl or isopropyl alcohol. (The concentration of

alcohol is expressed in terms of grams of alcohol per 210 liters of breath as measured by an

evidential breath testing device.)

d. “Cancelled Test” means a drug or alcohol test that has a problem identified that cannot be or

has not been corrected or which 49 C.F.R. Part 40 otherwise requires to be cancelled. A

cancelled test is neither a positive nor a negative test.

e. “City” or “employer” means the City and County of San Francisco.

f. “Collector” means an on-site employee trained to collect a drug or alcohol specimen, or the

staff of the collection facility under contract with the City and County of San Francisco’s drug

testing contractor.

g. “Covered Employee” means an employee in a represented covered classification as stated in

Section 4.

h. “CSC” means the Civil Service Commission of the City and County of San Francisco.

i. “Day” means working day, unless otherwise expressly provided.

j. “DHR” means the Department of Human Resources of the City and County of San Francisco.

k. “Diluted Specimen” means a specimen with creatinine and specific gravity values that are

lower than expected for oral fluid.

l. “EAP” means the Employee Assistance Program offered through the City and County of San

Francisco.

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m. “Equipment” includes any vehicle (including, but not limited to any City-owned vehicle or

personal vehicle used during the course of the employee’s paid work time); firearms when a

firearm is required, and approved by the Appointing Officer, to be carried and used by the

Covered Employee; banding tools; band-it; power tools; bucket truck; or equipment that is used

to change the elevation of the Covered Employee more than five (5) feet.

n. “Illegal Drugs” refer to those drugs listed in Section 5.0. Section 8.a. lists the drugs and

alcohol and the threshold levels for which a Covered Employee will be tested. Threshold levels

of categories of drugs and alcohol constituting positive test results will be determined using the

applicable Substance Abuse and Mental Health Services Administration (“SAMHSA”)

(formerly the National Institute of Drug Abuse, or “NIDA”) threshold levels, or U.S.

government required threshold levels where required, in effect at the time of testing, if

applicable. Section 8.a. will be updated periodically to reflect the SAMHSA or U.S.

government threshold changes.

o. “Invalid Drug Test” means the result of a drug test for an oral fluid specimen that contains an

unidentified adulterant, or an unidentified substance, that has abnormal physical characteristics,

or that has an endogenous substance at an abnormal concentration preventing the laboratory

from completing or obtaining a valid drug test result.

p. “MRO” means Medical Review Officer who is a licensed physician certified by the Medical

Review Officers Certification Council or U.S. Department of Transportation responsible for

receiving and reviewing laboratory results generated by an employer’s drug testing program

and evaluating medical explanations for certain drug test results.

q. “Non-Negative Test” or “positive test” means a test result found to be Adulterated, Substituted,

Invalid, or positive for alcohol or drug metabolites.

r. “Oral Fluid” means saliva or any other bodily fluid generated by the oral mucosa of an

individual.

s. “Parties” means the City and County of San Francisco and the International Federation of

Professional and Technical Engineers, Local 21, AFL-CIO.

t. “Policy” means “Substance Abuse Prevention Policy” or “Agreement” between the City and

County of San Francisco and the Union attached to the parties’ Memorandum of Understanding

(“MOU”).

u. “Prescription Drug” means a drug or medication currently prescribed by a duly licensed

healthcare provider for immediate use by the person possessing it that is lawfully available for

retail purchase only with a prescription.

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v. “Refusal to Submit,” “Refusing to Submit,” “Refuse to Test,” or “Refusal to Test” means a

refusal to take a drug and/or alcohol test and includes, but is not limited to, the following

conduct:

i. Failure to appear for any test within a reasonable time.

ii. Failure to remain at the testing site until the test has been completed.

iii. Failure or refusal to take a test that the Collector has directed the employee to take.

iv. Providing false information.

v. Failure to cooperate with any part of the testing process, including obstructive or abusive

behavior or refusal to drink water when directed.

vi. Failure to provide adequate oral fluid or breath samples, and subsequent failure to undergo

a medical examination as required for inadequate breath or oral fluid samples, or failure to

provide adequate breath or oral fluid samples and subsequent failure to obtain a valid

medical explanation.

vii. Adulterating, substituting or otherwise contaminating or tampering with an oral fluids

specimen.

viii. Leaving the scene of an Accident without just cause prior to submitting to a test.

ix. Admitting to the Collector that an employee has Adulterated or Substituted an oral fluid

specimen.

x. Possessing or wearing a prosthetic or other device that could be used to interfere with the

collection process.

xi. Leaving work, after being directed to remain on the scene by the first employer

representative, while waiting for verification by the second employer representative under

section 6.I.b.

w. “Safety-Sensitive Function” means a job function or duty where a Covered Employee either:

(1) is operating a vehicle during paid work time on more than fifty-percent (50%) of the

Covered Employee’s work days on average over the prior three (3) months. Vacation,

sick leave, administrative leave time and all other leave shall be excluded when

determining whether a Covered Employee operates a vehicle on more than fifty-percent

(50%) of the employee’s work days; or,

(2) is actually operating, ready to operate, or immediately available to operate Equipment

other than a vehicle during the course of the Covered Employee’s paid work time.

x. “Substance Abuse Prevention Coordinator” (SAPC) means a licensed physician, psychologist,

social worker, certified employee assistance professional, or nationally certified addiction

counselor with knowledge of and clinical experience in the diagnosis and treatment of drug and

alcohol-related disorders. The SAPC will be chosen by the City.

y. “Split Specimen” means a part of the oral fluid specimen in drug testing that is retained

unopened for a confirmation test (if required) or in the event that the employee requests that it

be tested following a verified positive test of the primary specimen or a verified Adulterated or

Substituted Specimen test result.

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z. “Substituted Specimen” means a specimen with laboratory values that are so diminished that

they are not consistent with oral fluid and which shall be deemed a violation of this policy, and

shall be processed as if the test results were positive.

4. COVERED CLASSIFICATIONS

All employees shall be subject to post-Accident testing under this Agreement. All employees who

perform Safety-Sensitive Functions, as defined in this Policy, shall be subject to reasonable

suspicion testing. This policy shall not apply to employees who are required to be tested under the

regulations of the United States Department of Transportation.

5. SUBSTANCES TO BE TESTED

a. The City shall test, at its own expense, for alcohol and/or the following drugs:

(1.) Amphetamines

(2.) Barbiturates

(3.) Benzodiazepines

(4.) Cocaine

(5.) Methadone

(6.) Opiates

(7.) PCP

(8.) THC (Cannabis)

b. Prescribed Drugs or Medications.

The City recognizes that Covered Employees may at times have to ingest prescribed drugs or

medications. If a Covered Employee takes any drug or medication that a treating physician,

pharmacist, or health care professional has informed the employee (orally or on the medication

bottle) will interfere with job performance, including driving restrictions or restrictions on the

use of Equipment, the employee is required to immediately notify the designated Department

representative of those restrictions before performing the employee’s job functions.

(1) Upon receipt of a signed release from the Covered Employee’s licensed healthcare

provider, the department representative may consult with Covered Employee’s

healthcare provider to confirm specific job duties that the employee can perform while

on prescribed medication. If the employee’s healthcare provider is not readily

available, or none is given, the department representative may consult with any City-

licensed healthcare provider before making a final determination whether the employee

may perform the employee’s job functions. However, if an employee, at the time of

notification, brings in a medical note from the healthcare provider who prescribed the

medication clearing the employee to work, then the City shall not restrict that employee

from performing the employee’s job functions.

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(2) If a Covered Employee is temporarily unable to perform the employee’s job because of

any potential side effects caused by prescribed medication, the employee shall be

reassigned to perform a temporary modified duty assignment consistent with the

employee’s medical restrictions without loss of pay until either the employee is off the

prescribed medication or is cleared by a licensed healthcare provider. This temporary

modified duty reassignment shall last for a period of no more than thirty (30) working

days. If, after thirty (30) working days, the employee is still on said medication and/or

has not been cleared by a licensed healthcare provider to return to work without

restrictions, the City may extend the temporary modified duty assignment for a period

not to exceed thirty (30) working days, provided that the healthcare provider certifies

that the employee is reasonably anticipated to be able to be able to return to work

without restrictions after that thirty (30) day period. Employees who are unable to

return to work under this provision shall be referred to the Department’s human

resources representative designated to engage with employees regarding possible

reasonable accommodation under state and federal disability laws.

6. TESTING

I. Reasonable Suspicion Testing

a. Reasonable suspicion to test a Covered Employee will exist when contemporaneous, articulable

and specific observations concerning the symptoms or manifestations of impairment can be

made. These observations shall be documented on the Reasonable Suspicion Report Form

attached to this Appendix as Exhibit B. At least three (3) indicia of drug or alcohol impairment

must exist, in two (2) separate categories, as listed on the Reasonable Suspicion Report Form.

In the alternative, the employer representatives must confirm direct evidence of drug or alcohol

impairment as listed on the Reasonable Suspicion Report Form.

b. Any individual or employee may report another employee who may appear to that individual or

employee to be under the influence of alcohol or drugs. Upon receiving a report of possible

alcohol or drug use or impairment in the workplace, two (2) trained supervisory employer

representatives will independently verify the basis for the suspicion and request testing in

person. The first employer representative shall verify and document the employee’s

appearance and behavior and, if appropriate, recommend testing to the second employer

representative. The second employer representative shall verify the contemporaneous basis for

the suspicion. If reasonable suspicion to test a Covered Employee arises between 11:00 p.m.

and 7:00 a.m., or at a location outside the geographic boundaries of the City and County of San

Francisco (excluding San Francisco International Airport), and where a second trained

supervisory employer representative cannot reasonably get to the location within thirty (30)

minutes, then the second employer representative shall not be required to verify the basis for

the suspicion in person, but instead shall verify by telephone or email. After completing the

verification, and consulting with the first employer representative, the second employer

representative has final authority to require that the Covered Employee be tested.

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c. If the City requires an employee under reasonable suspicion to be tested, then the employee

may ask for representation. Representation may include, but is not limited to, union

representatives and shop stewards. If the employee requests representation, the City shall allow

a reasonable amount of time from the time the employee is notified that the employee will be

tested (up to a maximum of one hour) for the employee to obtain representation. Such request

shall not delay the administration of the tests for more than one hour from the time the

employee is notified that the employee will be tested.

d. Department representative(s) shall document the incident. If a Covered Employee Refuses to

Submit to testing, then the City shall treat the refusal as a positive test, and shall take

appropriate disciplinary action pursuant to the attached discipline matrix.

II. Post-Accident Testing

a. The City may require a Covered Employee who caused, or may have caused, an Accident,

based on information known at the time of the Accident, to submit to drug and/or alcohol

testing.

b. Following an Accident, all Covered Employees subject to testing shall remain readily available

for testing. A Covered Employee may be deemed to have refused to submit to substance abuse

testing if the employee fails to remain readily available, including failing to notify a supervisor

(or designee) of the Accident location, or leaving the scene of the Accident prior to submitting

to testing.

c. Nothing in this section shall delay medical attention for the injured following an Accident or

prohibit an employee from leaving the scene of an Accident for the period necessary to obtain

assistance in responding to the Accident or to obtain necessary emergency medical care.

d. If the City requires a Covered Employee to be tested post-Accident, then the employee may ask

for representation. Representation may include, but is not limited to, union representatives and

shop stewards. If the employee requests representation, the City shall allow a reasonable

amount of time from the time the employee is notified that the employee will be tested (a

maximum of one hour) for the employee to obtain representation provided that the union

representative meet the employee at the Accident site, work location or testing center as

determined by the City. Such request shall not delay the administration of the tests for more

than one hour from the time the employee is notified that the employee will be tested.

e. As soon as reasonably possible after the occurrence of an Accident, the supervisor or other City

representative at the Accident scene shall make best efforts to contact the Department of

Human Resources (DHR) or designee, and DHR or designee shall then make best efforts to

telephone the union(s) first designated representative on file with DHR representing the

Covered Employee(s) involved in the Accident. If the first designated representative does not

answer, DHR or designee shall leave a voice mail message notifying the union of the Accident

and telephone the union(s) second designated representative on file with DHR. For purposes of

this paragraph, a designated representative shall be any union officer or employee whose

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telephone number is on file with DHR for the purpose of Accident review. The union may

change the designated representative, in writing, as necessary from time to time, but it is the

sole responsibility of the union to ensure that a current telephone number (with voice mail

capability) for two designated representatives are on file with DHR.

7. TESTING PROCEDURES

I. Collection Site

a. If there is a trained Collector available on site, the City may conduct “on-site” tests

(alcohol breathalyzer testing and oral fluid testing). If any of those tests are “Non-

Negative,” a confirmation test will be performed. The on-site tests may enable the

Covered Employee and the City to know immediately whether that employee has been

cleared for work.

b. If a trained Collector is not available on-site, the staff of a collection facility under

contract to the City, or the City's drug testing contractor shall collect oral fluid samples

from Covered Employees to test for prohibited drugs.

(1.) A Covered Employee appearing at the approved drug collection site must have a

minimum of one piece of government-issued photo identification and may not

leave the collection site for any reason – unless authorized by the collection

agency – until the employee has fully completed all collection procedures. Failure

to follow all collection procedures will result in the employee classified as a

“Refusal to Submit.”

c. Covered Employees who Refuse to Test may be subject to disciplinary action, up to and

including termination, pursuant to Exhibit A.

d. Alcohol and drug testing procedures.

(1.) Alcohol Testing Procedure. Tests for alcohol concentration on Covered Employees

will be conducted with a National Highway Traffic Safety Administration

(NHTSA)-approved evidential breath testing device (EBT) operated by a trained

breath alcohol technician (BAT). Alcohol tests shall be by breathalyzer using the

handheld Alco-Sensor IV Portable Breath Alcohol Analyzer device, or any other

U.S. Department of Transportation (DOT) approved breath analyzer device.

(2.) Drug Testing Procedure. Tests for drugs shall be by oral fluid collection. The oral

fluid specimens shall be collected under direct visual supervision of a Collector and

in accordance with the testing device manufacturer’s recommended procedures for

collection. Screening results may be provided by the Collector or by a laboratory.

Confirmation tests shall be conducted at a laboratory.

(3.) The Covered Employee being tested must cooperate fully with the testing

procedures.

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(4.) A chain of possession form must be completed by the Collector, hospital, laboratory

and/or clinic personnel during the specimen collection and attached to and mailed

with the specimens.

e. After being tested for drugs, the Covered Employee may be barred from returning to

work until the department is advised of the final testing result by the MRO. During that

period, the Covered Employee will be assigned to work that is not safety-sensitive or

placed on paid administrative leave for so long as the Covered Employee is eligible for

such leave under the terms of the applicable provision of the City’s Administrative

Code. The test shall be deemed a negative test if the MRO has not advised of the final

testing result by the time the Covered Employee’s paid leave has expired under the

terms of the applicable provision of the City’s Administrative Code.

II. Laboratory

a. Drug tests shall be conducted by laboratories licensed and approved by SAMSHA which

comply with the American Occupational Medical Association (AOMA) ethical standards.

Upon advance notice, the parties retain the right to inspect the laboratory to determine

conformity with the standards described in this policy. The laboratory will only test for drugs

identified in this policy. The City shall bear the cost of all required testing unless otherwise

specified herein.

b. Tests for all controlled substances, except alcohol, shall be by oral fluid testing and shall

consist of two procedures, a screen test and, if that is positive, a confirmation test.

c. To be considered positive for reporting by the laboratory to the City, both samples must be

tested separately in separate batches and must also show positive results on the confirmatory

test.

d. In the event of a positive test, the testing laboratory will perform an automatic confirmation test

on the original specimen at no cost to the Covered Employee. In addition, the testing

laboratory shall preserve a sufficient specimen to permit an independent re-testing at the

Covered Employee’s request and expense. The same, or any other, approved laboratory may

conduct re-tests. The laboratory shall endeavor to notify the designated MRO of positive drug,

alcohol, or adulterant tests results within five (5) working days after receipt of the specimen.

III. Medical Review Officer (MRO)

a. All positive drug, or Substituted, Adulterated, positive-Diluted Specimen, or Invalid Drug Test,

as defined herein, will be reported to a Medical Review Officer (MRO). The MRO shall

review the test results, and any disclosure made by the Covered Employee, and shall attempt to

interview the individual to determine if there is any physiological or medical reason why the

result should not be deemed positive. If no extenuating reasons exist, the MRO shall designate

the test positive.

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b. When the laboratory reports a confirmed positive, Adulterated, Substituted, positive-Diluted, or

Invalid test, it is the responsibility of the MRO to: (a) make good faith efforts to contact the

employee and inform the employee of the positive, Adulterated, Substituted, positive-Diluted,

or Invalid test result; (b) afford the employee an opportunity to discuss the test results with the

MRO; (c) review the employee's medical history, including any medical records and

biomedical information provided by the Covered Employee, or the employee’s treating

physician, to the MRO; and (d) determine whether there is a legitimate medical explanation for

the result, including legally prescribed medication. Employees shall identify all prescribed

medication(s) that they have taken. If the Covered Employee fails to respond to the MRO

within three (3) days, the MRO may deem the Covered Employee’s result as a positive result.

c. The MRO has the authority to verify a positive or Refusal To Test without interviewing the

employee in cases where the employee refuses to cooperate, including but not limited to: (a) the

employee refused to discuss the test result; or (b) the City directed the employee to contact the

MRO, and the employee did not make contact with the MRO within seventy-two (72) hours. In

all cases, previously planned leaves may extend this time. The MRO’s review of the test

results will normally take no more than three (3) to five (5) days from the time the Covered

Employee is tested.

d. If the testing procedures confirm a positive result, as described above, the Covered Employee

and the Substance Abuse Prevention Coordinator (SAPC) for the City and departmental HR

staff or designee will be notified of the results in writing by the MRO, including the specific

quantities. The results of a positive drug test shall not be released until the results are

confirmed by the MRO. The Covered Employee may contact the SAPC, or the MRO, to

request a drug or adulterant retest within seventy-two (72) hours from notice of a positive test

result by the MRO. The requesting party will pay costs of re-tests in advance.

e. A drug test result that is positive and is a Diluted Specimen will be treated as positive. All drug

test results that are determined to be negative and are Diluted Specimens will require that the

employee take an immediate retest. If the retest yields a second negative Diluted Specimens

result, the test will be treated as a normal negative test, except in the case of subsection (f).

f. If the final test is confirmed negative, then the Employee shall be made whole, including the

cost of the actual laboratory re-testing, if any. Any employee who is subsequently determined

to be subject of a false positive shall be made whole for any lost wages and benefits, and shall

have their record expunged.

g. The City shall assure that all specimens confirmed positive will be retained and placed in

properly secured long-term frozen storage for a minimum of one (1) year, and be made

available for retest as part of any administrative proceedings.

h. All information from a covered employee’s drug and/or alcohol test is confidential for purposes

other than determining whether this policy has been violated or pursuing disciplinary action

based upon a violation of this policy. Disclosure of test results to any other person, agency, or

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organization is prohibited unless written authorization is obtained from the Covered Employee

or as required by law.

8. RESULTS

a. Substance Abuse Prevention and Detection Threshold Levels.

For post-Accident or reasonable suspicion testing where the Covered Employee was operating

a commercial motor vehicle, any test revealing a blood/alcohol level equal to or greater than

0.04 percent, or the established California State standard for commercial motor vehicle

operations, shall be deemed positive. For all other post-Accident or reasonable suspicion

testing, any test revealing a blood/alcohol level equal to, or greater than, 0.08 percent, or the

established California State standard for non-commercial motor vehicle operations, shall be

deemed positive. Any test revealing controlled substance confirmation level as shown in the

chart below shall be deemed a positive test.

CONTROLLED

SUBSTANCE *

SCREENING

LEVEL

CONFIRMATION

LEVEL

Amphetamines

50 ng/ml

5 ng/ml

Barbiturates

20 ng/ml

Benzodiazepines

1 ng/ml

0.5 ng/ml

Cocaine

5 ng/ml

8 ng/ml

Methadone

5 ng/ml

10 ng/ml

Opiates

10 ng/ml

PCP

(Phencyclidine)

1 ng/ml

5 ng/ml

THC (Cannabis)

1 ng/ml

2 ng/ml

* All controlled substances including their metabolite components.

b. The City reserves the right to discipline in accordance with the chart set forth in Exhibit A for

abuse of prescribed and over-the-counter drugs or medications, pursuant to the testing

procedures described above, as determined by the MRO.

9. CONSEQUENCES OF POSITIVE TEST RESULTS

For post-Accident or reasonable suspicion, a Covered Employee shall be immediately removed

from performing the employee’s job or, in the alternative, may be temporarily reassigned to work

that is not safety-sensitive if such work is available. The Covered Employee shall be subject to

disciplinary action, and shall meet with the SAPC, as set forth in Exhibit A, and section 10 below,

if the Covered Employee:

1. Is confirmed to have tested positive for alcohol or drugs;

2. Refuses to Submit to testing; or

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3. Has submitted a specimen that the testing laboratory report is an Adulterated or Substituted

Specimen.

a. If the Union disagrees with the proposed disciplinary action, it may use the grievance

procedure as set forth in the parties’ MOU, provided, however, that such a grievance must be

initiated at the Employee Relations Director step, unless the parties otherwise mutually agree.

b. All proposed disciplinary actions imposed because of a positive drug/alcohol test(s) shall be

administered pursuant to the disciplinary matrix set forth in Exhibit A. Subject to good cause,

the City may impose discipline for conduct in addition to the discipline for a positive

drug/alcohol test. The positive test may be a factor in determining good cause for such

additional discipline.

c. In the event the City proposes disciplinary action, the notice of the proposed discipline shall

contain copies of all laboratory reports and any other supporting documentation upon which the

City is relying to support the proposed discipline.

10. RETURN TO DUTY

The SAPC will meet with a Covered Employee who has tested positive for alcohol and/or drugs.

The SAPC will discuss what course of action may be appropriate, if any, and assistance from

which the employee may benefit, if any, and will communicate a proposed return-to-work plan, if

necessary, to the employee and department. The SAPC may recommend that the Covered

Employee voluntarily enter into an appropriate rehabilitation program administered by the Covered

Employee’s health insurance carrier prior to returning to work. The Covered Employee may not

return to work until the SAPC certifies that the employee has a negative test prior to returning to

work. In the event that the SAPC does not schedule a return-to-work test before the Covered

Employee’s return-to-work date, the SAPC shall arrange for the Covered Employee to take a

return-to-work test within three (3) working days of the Covered Employee notifying the SAPC in

writing of a request to take a return-to-work test. If a Covered Employee fails a return-to-work

test, the employee shall be placed on unpaid leave until testing negative but shall not be subject to

any additional discipline due to a non-negative return-to-work test. The SAPC will provide a

written release to the appropriate department or division certifying the employee’s right to return to

work.

11. TRAINING

The City or its designated vendor shall provide training on this policy to first-line, working

supervisors and up to the Deputy Director level as needed. In addition, all Covered Employees

shall be provided with a summary description of the SAPP notifying them of their right to union

representation in the event that they are required to be tested.

12. ADOPTION PERIOD

This Policy shall go into effect on June 30, 2014.

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13. JOINT CITY/UNION COMMITTEE

The parties agree to work cooperatively to ensure the success of this policy. As such, a Joint

City/Union Committee shall be established with two (2) members from the City and two (2)

members from each Union, except that no Union shall be required to participate. The Committee

shall meet on an annual basis and, in addition, on an as-needed basis to address any implementation

issues and review available data concerning the implementation of this policy.

14. SAVINGS CLAUSE

Notwithstanding any existing substance abuse prevention programs, if any provision of an existing

department policy, rule, regulation, or resolution is inconsistent with or in conflict with any

provision of this policy, this policy shall take precedence. Should any part of this policy be

determined contrary to law, such invalidation of that part of this policy will not invalidate the

remaining parts. If operational barriers arise that make implementation of any part of this policy

impossible or impracticable, such operational barriers will not invalidate the remaining parts of this

policy. In the event of a determination that a part of the policy is contrary to law or if operational

barriers arise, the parties agree, with the intent of the parties hereto, to immediately meet and

negotiate new provision(s) in conformity with the requirements of the applicable law, or which will

remove the operational barrier. Should the parties fail to agree on a resolution, the matter will be

submitted to binding arbitration using the factors set forth in Charter section A8.409-4(d), and, as

appropriate, Charter section 8A.104(n). Otherwise, this policy may only be modified by mutual

consent of the parties. Such amendment(s) shall be reduced to writing.

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EXHIBIT A

CONSEQUENCES OF A POSITIVE TEST/OCCURRENCE

Testing

Types/Issues First Positive/Occurrence

Second Positive/Occurrence

within Three (3) Years

Post-Accident and

Reasonable

Suspicion

Suspension of no more than ten

(10) working days; Referred to

Substance Abuse Prevention

Coordinator (SAPC); SAPC may

Recommend Treatment;

Return

to Duty Test.

Will be subject to disciplinary

action greater than a ten (10)

working- day suspension, up to

and including termination except

where substantial mitigating

circumstances exist.

Refusal to Test or

Alteration of

Specimen

("Substituted,"

"Adulterated" or

"Diluted")

Suspension of no more than ten

(10) working days; Referred to

Substance Abuse Prevention

Coordinator (SAPC); SAPC may

Recommend Treatment;

Return

to Duty Test.

Will be subject to disciplinary

action greater than a ten (10)

working-

day suspension up to and

including termination except

where substantial mitigating

circumstances exist.

Employee may use accrued but unused leave balances to attend a rehabilitation program.

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EXHIBIT B

REASONABLE SUSPICION REPORT FORM

This checklist is intended to assist a supervisor in referring a person for reasonable suspicion/cause drug and alcohol

testing. The supervisor must identify at least three (3) contemporaneous indicia of impairment in two separate

categories (e.g., Speech and Balance) in Section II, and fill out the Section III narrative. In the alternative, the

supervisor must identify one of the direct evidence categories in Section I, and fill out the Section III narrative.

~Please print information~

Employee Name: ______________________________________________________________________

Department: ______________________; Division and Work Location: ___________________________

Date and Time of Occurrence: _________________; Incident Location: __________________________

Section I – Direct Evidence of Drug or Alcohol Impairment at Work

___ Smells of Alcohol

___ Smells of Marijuana

___ Observed Consuming/Ingesting Alcohol or Drugs at work.

Section II

Contemporaneous Event Indicating Possible Drug or Alcohol Impairment at Work:

(Check all that apply)

1. SPEECH:

___ Incoherent/Confused

___ Slurred

2. BALANCE:

___ Swaying ___ Reaching for support

___ Staggering ___ Falling

___ Arms raised for balance ___ Stumbling

3. AWARENESS:

___ Confused ___ Paranoid

___ Lack of Coordination ___ Cannot Control Machinery/Equipment

___ Sleepy/Stupor/ Excessive Yawning or Fatigue

___ An observable contemporaneous change in the Covered Employee’s behavior that strongly suggests drug

or alcohol impairment at work. [Such observable change(s) must be described in Section III below.]

4. APPEARANCE:

___ Red Eyes ___ Dilated (large) Pupils

___ Constricted (small) Pupils ___ Frequent Sniffing

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Section III – NARRATIVE DESCRIPTION

(MUST be completed in conjunction with Section I and/or Section II)

~Please print information~

Describe contemporaneous and specific observations regarding the Covered Employee’s symptoms or manifestations

of impairment which may include: (a) any observable contemporaneous change in behavior suggesting drug or

alcohol impairment; (b) any comments made by the employee; (c) specific signs of drug or alcohol use; (d) recent

changes in behavior that have led up to your contemporaneous observations; and (e) the name and title of witnesses

who have reported observations of drug or alcohol use. [Attach documentation, if any, supporting your reasonable

suspicion determination]

_________________________________________________________________________________________

Section IV

In addition to completing the narrative in Section III above:

 For Section I, you will need to identify at least one (1) contemporaneous observations (direct evident/sign(s)

that occurs that causes you to test today) regarding the manifestations of impairment to initiate a test; or

 For Section II, you will need to identify at least three (3) contemporaneous observations, (signs that occur that

causes you to test today), in two (2) separate categories, regarding the manifestations of impairment to initiate a

test.

Make note of date and time of the incident. Obtain concurrence of second supervisor and record their signature as

noted.

Conduct a brief meeting with the employee to explain why the employee must undergo reasonable

suspicion drug and alcohol tests. Escort the employee to the collection site. DO NOT LET THEM

DRIVE.

Print name of first on-site Supervisor Employee Representative _____________________________________

Signature____________________________________________ DATE: _____________________________

Print name of second Supervisor Employer Representative _________________________________________

Signature____________________________________________ DATE: ___________________________

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APPENDIX F: TechHire Program

The purpose of the TechHire Program (“Program”) is to speed recruitment and filling vacancies in

technologist classifications, expand training opportunities for employees in those classifications, foster

diversity of the City’s technology workforce, and ensure exempt technologist hiring conforms to

Charter requirements.

1. Training: The Technologist Training Fund under the purview and administration of the Department

of Technology, for the purpose of upgrading the skills and competencies of City technologists shall be

allocated not less than $100,000 annually as noted below:

Funding Department

Amount

Citywide General Fund

$50,000

Public Utilities Commission (“PUC”)

$10,000

Airport Commission (“Airport”)

$10,000

Port of San Francisco (“Port”)

$10,000

Municipal Transportation Agency

(“MTA”)

$20,000

Total Committed Funding

$100,000

Funds from the PUC, Airport, Port, and MTA will be used solely for employees of the respective

departments.

2. Revision of IT Series Classification Specifications: The Union agrees not to oppose revised

minimum qualifications for technology classifications. In turn, the City agrees that salary comparisons

used in labor negotiations involving technology classifications will base job matches on job functions

and responsibilities and not on minimum qualifications.

3. Demographic Report: At least once annually, the City will provide the Information Technology

Advisory Committee (ITAC) with reports on the demographics of the City’s technologist workforce, in

a manner that protects employee privacy.

4. Twice Yearly Meeting: The City and the Union will devote one ITAC meeting every six months to

the Program, in which results of the Program will be reviewed. The parties will review success in:

a) speed in recruitment and filling vacancies;

b) training efforts;

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c) fostering the diversity of the technology workforce; and

d) ensuring exempt technologist hiring conforms to City Charter Requirements.

5. Review of Classifications Categorized as Exempt from the Civil Service: The City will review the

list of classifications that the Union believes may be inappropriately categorized as exempt from civil

service, and will engage in good faith efforts to remedy appointments in any such classes if the City

determines the class is inappropriately categorized.

6. The Union and the City will agree to meet and discuss the use of the Category 12 Technology

Expert I-9976 appointments.

APPENDIX G

MEMORANDUM OF UNDERSTANDING, FY 2022 - 2024

CITY AND COUNTY OF SAN FRANCISCO AND

IFPTE, LOCAL 21

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APPENDIX G: UNION ACCESS TO NEW EMPLOYEES PROGRAM

I. Purpose

The purpose of this agreement is to memorialize the rights and obligations of the City and the Union in

accordance with CA Government Code Sections 3555-3559, through the creation of a single, City-wide

Union Access to New Employees Program applicable to all City Agencies and all City Employee Unions.

II. Notice and Access

A. The City shall provide the Union written notice of, and access to, new employee orientations

(hereinafter NEOs) as set forth below. It is the City’s policy that NEOs are mandatory for all

newly-hired employees. It is the City’s intent that NEOs take place as promptly as possible after

the first day of employment. Within thirty (30) calendar days of the start of employment, newly-

hired employees will be scheduled to attend the next available NEO. NEOs shall be scheduled

during an employee’s regularly scheduled, paid time. In the event that a newly-hired employee’s

regular schedule is outside of a scheduled NEO, the Department may make a one-time adjustment

to the employee’s work schedule in order to accommodate this requirement.

In the event an employee does not attend the NEO that the employee was scheduled to attend,

said employee will be automatically enrolled to attend the next available NEO. If the employee

does not attend the subsequently scheduled NEO, the Union NEO Coordinator may contact the

Departmental NEO coordinator to arrange a meeting with the employee pursuant to Section F.,

below.

B. Application: New employees include, but are not limited to, newly-hired employees whose

positions are permanent, temporary, full-time, part-time, per diem, seasonal, provisional, or as-

needed, and any employee who has promoted or transferred into the bargaining unit.

C. Notice

1. Single Point of Contact: The Union agrees to provide the City with a single point of

contact (hereinafter, Union NEO Coordinator) and the City agrees to provide the Union

with a single point of contact for each Department (hereinafter, Departmental NEO

Coordinator), which will be updated by the City and the Union on an as-needed basis.

2. Notice of Schedule: For any NEO that takes place on a regular, recurring schedule, the

sponsoring Department shall be responsible for providing annual notice to the Union. For

NEOs that are not offered on a regular, recurring schedule, the sponsoring Department

shall provide no less than ten (10) business days’ notice. Said notices shall be provided

by email, to the Union NEO Coordinator. This requirement shall apply to all NEOs in

APPENDIX G

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3. employment status, rights, benefits, duties, responsibilities, or any other employment-

related matters.

4. Notice of Enrollment: Notice shall include a list of new employees represented by the

Union scheduled to attend the NEO. If practical, the City agrees to provide additional

identifying information including, but not limited to, classification and department. Six

months from enactment, in the event the City is unable to provide classification and

department information in the Notice of Enrollment, the Union can reopen this

Agreement for the sole purpose of meeting and conferring over the identifying

information provided in this Section II.C.3 Notice of Enrollment. Said meeting and

conferring shall not be subject to the impasse procedures in Government Code Section

3557. The Department sponsoring the NEO shall provide the foregoing information no

less than five (5) business days prior to the NEO taking place. The Department will make

best efforts to notify the Union NEO Coordinator of any last-minute changes.

Onboarding of individual employees for administrative purposes is excluded from this

notice requirement.

D. Citywide and Departmental NEOs: New employees in those Departments identified in

Attachment A shall attend a citywide NEO, sponsored by the Department of Human Resources.

This citywide NEO shall take place at minimum on a monthly basis. Departments identified in

Attachment B will conduct respective Departmental NEOs. At the City’s discretion,

Departments may be added to or removed from either Attachment A or Attachment B. For the

citywide NEO, DHR will adhere to the Department notice requirements in Section C., above.

The City will provide the Union with thirty (30) calendar days’ notice prior to moving a

Department from Attachment A to B, or vice versa. Every City Department shall be listed on

either Attachment A or Attachment B.

E. Access and Presentation: At all NEOs, the Union shall be afforded up to forty-five (45) minutes

and not fewer than thirty (30) minutes to meet with represented new employees and any employee

who has promoted or transferred into the bargaining unit who are present. The right of the Union

to meet with newly-hired employees is limited to only those employees whose classifications fall

within the Union’s bargaining unit. The City shall ensure privacy for the Union’s orientation, and

it shall take place without City representatives present. This requirement can be met by providing

either a private room or a portion of a room with sufficient distance from other activities in the

room to limit disruption. The Department responsible for scheduling the NEO shall be

responsible for including Union presentations on the agenda, and shall have the option of placing

the Union presentation as the final item on the agenda for the portion of NEO when all bargaining

unit participants are still present. One (1) of the Union’s representatives may be a Union member

designated by the Union; if at least ten (10) or more represented new employees are present, the

Union may bring up to two (2) Union members. Such member(s) shall be released to attend under

the terms and conditions specified in the MOU. If not otherwise provided for in the MOU, the

Union may request release of a Union-designated member to attend the NEO. Release time shall

not be unreasonably withheld. Said request shall be made to the Employee Relations Division no

less than three (3) business days in advance of the scheduled NEO. The Union agrees to limit its

presentation to only those matters stated in Section H., below.

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F. Alternate Procedures: In the event the Union identifies one or more new employees who did not

attend the Union’s presentation as described in Section E., above, the Union may contact the

Departmental NEO coordinator to schedule a mutually-agreeable fifteen (15) minute time slot

for the Union to meet privately with the new employee(s). If the number of such identified

employees is five (5) or more at a particular location, the Union NEO Coordinator and

Departmental NEO Coordinator will work together to schedule a mutually agreeable thirty (30)

minute time slot for the private meeting. One (1) of the Union’s representatives may be a Union

member designated by the Union, and such member shall be released to attend under the terms

and conditions specified in the MOU. If not otherwise provided for in the MOU, the Union may

request release of a Union-designated member as provided for in Section E., above. This alternate

procedure shall also apply to any employee who has promoted or transferred into the bargaining

unit.

1. The Union NEO Coordinator shall coordinate with the new employee(s) referenced in the

preceding paragraph and the Departmental NEO Coordinator to schedule a fifteen (15)

minute meeting during normally scheduled hours, which shall not be during employee’s

break or meal period, for the Union representative(s) to meet privately with, and provide

materials and information to, the new employee(s). City representatives shall not be

present during said meeting. The Union agrees to limit its presentation to only those

matters stated in Section H., below.

2. In the event the proposed time cannot be accommodated, the Union NEO Coordinator

and the Departmental NEO Coordinator shall work together to find a mutually agreeable

time within ten (10) business days of the Union’s request.

3. Department of Elections: Any new employee of the Department of Elections who is

classified as Temporary Exempt (Category 16), whose duration of appointment is one (1)

pay period or less, and works on an as-needed work schedule will receive written

materials provided by the Union in lieu of attending a Citywide or Departmental NEO, a

private meeting with the Union as provided for in Section F., above, or a Periodic Union

Orientation as provided for in Section G., below.

G. Process for Periodic Union Orientations: By mutual agreement, the Union NEO Coordinator and

the Departmental NEO Coordinator may schedule periodic thirty (30) minute Union orientations.

Periodic Union orientations may be scheduled on an every-other-month, quarterly, or other basis.

The following Departments shall maintain existing Union orientation arrangements:

Department of Emergency Management; Sheriff’s Department; and Police Department.

The 311 Customer Service Call Center shall maintain existing practice with respect to Union

access to 311 Customer Service Agent Training.

H. Union Orientation Presentations: The Union agrees to limit its presentation to a general

introduction to its organization, history, by-laws, and benefits of membership. The Union agrees

APPENDIX G

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not to engage in campaigning on behalf of an individual running for public elected office and

ballot measures during the NEO, or other topics that would be considered beyond general

discussion on the benefits of Union membership.

III. Data Provisions

Subject to the limitations contained in CA Government Code Section 3558, the City shall provide

the Union with all required information on newly-hired employees to the extent it is made available

to the City. In addition, within ten (10) business days of the conclusion of each NEO, the City

agrees to provide the Union with a stand-alone report containing a list of employees, including

classification code and division, who were scheduled to, but did not attend each NEO.

IV. Hold Harmless

The Union agrees to hold the City harmless for any disputes that arise between the Union and any

new employee over application of this Agreement.

APPENDIX G

MEMORANDUM OF UNDERSTANDING, FY 2022 - 2024

CITY AND COUNTY OF SAN FRANCISCO AND

IFPTE, LOCAL 21

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ATTACHMENT A

Adult Probation

Arts Commission

Asian Art Museum

Airport Commission

Board of Appeals

Board of Supervisors

Office of Economic & Workforce

Development

California Academy of Sciences

Child Support Services

Children, Youth and Their Families

City Attorney’s Office

City Planning Department

Civil Service Commission

Commission on the Status of Women

Department of Building Inspection

Department of Environment

Department of Elections

Department of Homelessness

Department of Human Resources

Department of Police Accountability

Department of Technology

District Attorney’s Office

Ethics Commission

Fine Arts Museum

Fire Department (Non-Sworn)

General Services Agency

Health Service System

Human Rights Commission

Juvenile Probation Department

Library

Mayor’s Office

Office of the Assessor-Recorder

Office of the Controller

Office of the Treasurer/Tax Collector

Port of San Francisco

Public Defender’s Office

Rent Arbitration Board

SF Children and Families Commission

SF Employees’ Retirement System

War Memorial & Performing Arts

APPENDIX G

MEMORANDUM OF UNDERSTANDING, FY 2022 - 2024

CITY AND COUNTY OF SAN FRANCISCO AND

IFPTE, LOCAL 21

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ATTACHMENT B

Airport Municipal Transportation Agency

Department of Emergency Management Public Utilities Commission

Department of Public Health Recreation & Parks Department

San Francisco Public Works Police Department (Non-Sworn)

Human Services Agency

APPENDIX H

MEMORANDUM OF UNDERSTANDING, FY 2022 - 2024

CITY AND COUNTY OF SAN FRANCISCO AND

IFPTE, LOCAL 21

H-1

APPENDIX H: TRANSITION OF CATEGORY 18 APPOINTMENTS TO PERMANENT CIVIL

SERVICE APPOINTMENTS

1. Purpose

The parties agree to the following process to review and identify San Francisco Charter Section

10.104.18 (Category 18) appointments in classifications represented by the Union that are appropriate

for conversion to Permanent Civil Service (“PCS”) status.

2. Process

Step 1: Identify Positions for Possible Conversion

The City shall present positions grouped by Job Classification for conversion to PCS status by the

target dates listed below. Should the Union disagree with a position not identified for conversion, the

City and the Union will meet to discuss after the target date.

1) All Category 18 appointments in a classification where the number of appointments is greater

or equal to 50 as of July 1, 2022. Target date: December 31, 2022.

2) All Category 18 appointments in a classification where the number of appointments are greater

or equal to 20 as of July 1, 2022. Target date: June 30, 2023.

3) All remaining Category 18 appointments. Target date: December 31, 2023.

Step 2: Testing Process for Positions Converted from Category 18 to Permanent Civil Service

The testing process shall be either:

Option A:

The DHR director will propose changes to the Civil Service Rules to allow the City to use alternative

merit based selection procedures to address the positions identified for conversion to PCS, and to

provide an expedited pathway for PCS appointments.

Option B:

Conduct the appropriate exam for each identified position in accordance with DHR procedures and the

Civil Service Rules.

Under both Option A and B, the Union and the City agree to use “rule of the list” as the default

certification rule for all eligible lists positions identified through this process.

Step 3: Duration of Probationary Period

If the successful candidate in the converted position has served in the hiring Department for at least

2080 hours in the same classification, then the employee’s probationary period shall be 40 hours,

APPENDIX H

MEMORANDUM OF UNDERSTANDING, FY 2022 - 2024

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excluding any time off for leave, vacation, other types of time off (not including legal holidays), or

overtime.

This process will not supersede Article II.B. Probationary Period in the parties' MOU unless expressly

agreed upon by the parties.

The parties agree to meet bimonthly for Fiscal Year 2022 – 2023 to address issues related to

identification and conversion. Thereafter, the parties agree to meet quarterly.

SIDELETTER

MEMORANDUM OF UNDERSTANDING, FY 2022 - 2024

CITY AND COUNTY OF SAN FRANCISCO AND

IFPTE, LOCAL 21

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SIDELETTER

Health at Home Productivity

The National Association for Home Care and Hospice and the California Association for Health

Services at Home provide best practices and guidelines for health at home programs and recommend

basing patient visits per day on factors like geography and patient acuity. To better ensure the

financial sustainability of the Health at Home program and to be consistent with best practices for

providing high-quality care to patients, the Department of Public Health (DPH) and the Union are

committed to moving towards such an acuity-based and geography-based model to determine patient

visits per day for employees who work in the Health at Home program.

DPH will meet with affected staff to review alternate models and to solicit recommendations for

implementation of a new model. Prior to implementation of the new model, DPH will provide notice

to Local 21 regarding any changes in developing the model, negotiate over matters within the scope of

bargaining, and meet and confer with the Union on any impacts of the change.

Until the new model is implemented, productivity standards shall be as described herein:

The Productivity Standard for Health at Home is the following (or its equivalent):

Four (4) case manager revisits per day, or

Five (5) non-case manager revisits per day (Carry-calls)

It is understood, reflecting the Oasis paperwork required on these visits that, in calculating the

above standard:

1. A new referral or new admission is equal to two (2.0) revisits.

2. A re-certification visit is equal to 1.5 revisits.

3. A resumption of care visit is equal to 1.5 revisits.

These standards will expire and will no longer be applicable effective October 1, 2014 or as soon as

practicable thereafter should more time be needed to implement the new model.

SIDELETTER

MEMORANDUM OF UNDERSTANDING, FY 2022 - 2024

CITY AND COUNTY OF SAN FRANCISCO AND

IFPTE, LOCAL 21

S-2

SIDE LETTER AGREEMENT

RE: DHR HIRING PROPOSALS

The parties are entering into this side letter to identify and set in motion, to the extent permissible

under the San Francisco City Charter and Civil Service Rules, expedited selection processes to address

the City’s current vacancy rate in permanent civil service positions and reliance on project-based

(Charter section 10.104.18) positions. Given the significant number of vacancies, expected

retirements, and reliance on overtime and temporary employees, the parties recognize the urgency to

make changes to the City’s hiring processes in order to best deliver critical services to the public.

First, the Department of Human Resources is committed to using existing tools and resources to

streamline City hiring processes, including:

• eliminating unnecessary administrative approvals for a position request to fill (RTF);

• expanding the use of online on-demand exams and continuous class-based testing;

• modifying or adopting new screening and assessment tools to evaluate applicants for entry-

level and promotional exams; and

• streamlining hiring selection and approval processes to deliver qualified candidates to

departments more quickly.

Second, the parties recognize that under the City Charter section 10.101, the Civil Service Commission

has the legal authority to establish examination and appointment rules, and many of those rules must

either be amended, updated or rescinded to provide a merit-based system that better serves applicants,

City employees and departments.

To that end, the DHR Director will seek appropriate Civil Service Rule amendments to allow the City

to fill vacant permanent positions more rapidly, including amendments that will make it easier for

Charter Section 10.104.18 (Category 18) employees to seek Permanent Civil Service (PCS)

appointments. These Civil Service Rule changes may include:

• using rule of the list as the default certification rule for certain examination types;

• developing alternative merit-based selection processes to allow Category 18 employees to

apply for and be appointed to Permanent Civil Service (PCS) positions;

• changing the types of matters appealable to the Civil Service Commission;

• reducing the minimum posting periods for Civil Service examination announcements; and

• other changes to the Civil Service Rules to allow for expedited hiring.

The City and the Union agree to meet as soon as practicable to discuss making joint proposals to the

Civil Service Commission requesting the Civil Service Rule changes described above.

SIDELETTER

MEMORANDUM OF UNDERSTANDING, FY 2022 - 2024

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Nothing in this side letter shall prevent either party from proposing rule changes, making

recommendations, or taking other actions at the Civil Service Commission outside of the process set

forth in this side letter to streamline City hiring processes.