District Attorney Investigators' Association (July 1, 2024 to June 30, 2027)

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ARTICLE I - REPRESENTATION

1. THIS COLLECTIVE BARGAINING AGREEMENT (hereinafter "Agreement") is entered into by the City and County of San Francisco (hereinafter "City") through its designated representatives and the San Francisco District Attorney Investigators’ Association (hereinafter "Association").

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I.A. RECOGNITION

2. The City acknowledges that the Association has been properly certified as the recognized employee representative, pursuant to the provisions set forth in the City's Employee Relations Ordinance, for the following classifications:

3. Recognition shall be extended to individual classes appropriately accreted to existing bargaining units covered by this Agreement, and this Agreement shall apply prospectively to such classes.

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I.B. INTENT

4. It is the intent of the parties signatory hereto that the provisions of this Agreement shall not become binding until adoption or acceptance by the Board of Supervisors by appropriate action in accord with City Charter §A8.409 and ratification by the Association.

5. Upon adoption, the provisions of this Agreement shall supersede and control over contrary or contradictory Charter provisions, ordinances, resolutions, rules or regulations of the City to the extent permissible by Charter §A8.409.

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I.C. OBJECTIVE OF THE CITY

6. It is agreed that the delivery of municipal services in the most efficient, effective, and courteous manner is of paramount importance to the City and its employees.  Such achievement is recognized to be a mutual obligation of the parties to this Agreement within their respective roles and responsibilities.

7. The Association recognizes the City's right to establish and/or revise performance levels, standards or norms notwithstanding the existence of prior performance levels, norms or standards.  Such standards, developed by usual work measurement procedures, may be used to determine acceptable performance levels, prepare work schedules, and to measure the performance of each employee or group of employees.

8. Employees who work at less than acceptable levels of performance as determined by the District Attorney may be subject to disciplinary measures in accordance with any rights they may have under Government Code 3300 et seq. Nothing in this Agreement shall be construed to alter, modify, or restrict in any manner the exercise of the rights, authority or discretion conferred on the District Attorney by Charter Section 10.104(13) which states that District Attorney’s Investigators “serve at the pleasure of the appointing authority."

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I.D. MANAGEMENT RIGHTS

9. The City shall have authority for the policies and administration of the Department and the power to organize, reorganize and manage the District Attorney's Office and its employees.  Nothing in this document shall be interpreted as abrogating the Charter in any of its parts.  Said authority shall include, but not be limited to, work rules and regulations.  This Paragraph is not to be interpreted as a limitation on the rights of the Association under the Meyers-Milias-Brown Act.

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I.E. NO STRIKE PROVISION

10. During the period of time this Agreement is in effect, the Association and members of the bargaining unit agree not to initiate, engage in, cause, instigate, encourage or condone a strike, work stoppage, slowdown, mass absenteeism, sympathy strike, or any other disruptive activities which are detrimental to the conduct of City and County business and services.

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I.F. NEGOTIATION RESPONSIBILITY

11. 1. Except in cases of emergency, the City/Department shall give reasonable written notice to the Association of any proposed change in matters within the scope of representation as specified in Government Code §3504.5.  The Association shall be provided with the opportunity to meet and confer with regard to any such proposed change should it desire to do so

12. In cases of emergency when the City/Department determines that a proposed change as described herein must be adopted immediately without prior notice or meetings with the Association, the City/Department shall provide such notice and opportunity to meet at the earliest practicable time following the adoption of such change.

13. 2. If the Association does not respond within fifteen (15) calendar days from the date of receipt or written notification of a proposed change as described above in subsection 1, the Association shall be deemed to have waived its opportunity to meet and confer on the proposed change.

14. 3. If the Association timely requests the opportunity to meet and confer as provided herein, the City/Department, with the direct assistance and participation of the Employee Relations Division, agrees to meet and confer with the Association over such proposed change or changes within fifteen (15) calendar days of such timely request, unless a longer period of time is mutually agreed upon, in order to freely exchange information, opinions and proposals and to endeavor to reach agreement on the proposed change or changes.

15. 4. Except as provided in subsection 3, above, the Association agrees that it will make no proposals for change in the terms and conditions of employment of bargaining unit members for the duration of this Agreement.

16. 5. This Agreement sets forth the full and entire understanding of the parties regarding the matters set forth herein, and any and all prior and existing Memoranda of Understanding, Understandings, or Agreements, whether formal or informal, are hereby superseded or terminated in their entirety.  This Agreement may be modified, but only in writing, upon the mutual consent of the parties and ratification by the Board of Supervisors.

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I.G. GRIEVANCE PROCEDURE

17. A grievance is any dispute, which involves the interpretation or application of any provisions of the Collective Bargaining Agreement relating to working conditions arising out of this Agreement, including the denial of a step increase under paragraph 153 (Satisfactory Performance). Grievances may be initiated by either an employee or the Association; provided, however, only the Association may submit a grievance to arbitration.  Disciplinary matters are excluded from the provisions of this Section.  Grievances must be in writing and include:

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 employee or employees;

b. The section(s) of the Agreement which the Grievant believes has been violated; and

c. The remedy or solution being sought by the Grievant.

18. The City shall return any grievance that does not include the information specified above. The Grievant may resubmit a grievance adding missing information, and all dates and other provisions shall be triggered off the new submission date. If the Grievant submits the amended grievance within fourteen (14) calendar days from the date the City returned the grievance, the City will not deny the grievance based on timeliness, unless the City asserts the original grievance was not timely. Failure of the Grievant to follow the time limits, unless mutually extended, shall cause the grievance to be withdrawn. Failure of the City to follow the time limits shall serve to move the grievance to the next step. Grievances shall be processed in the following manner:

1. Step I

19. a. The grievance shall be presented either by the employee or by an authorized Association representative to the designated supervisor of the employee within fifteen (15) calendar days after the cause of such grievance occurs.

20. b. The designated supervisor shall have fifteen (15) calendar days from date of receipt of grievance in which to respond.  If the grievance is not satisfactorily adjusted within this period, within fifteen (15) calendar days of receipt of the supervisor’s response, the grievance shall be presented in writing either by the employee or by an authorized Association representative to the department head or to such representative as the department head may designate.

2. Step II

21. a. The Step II grievance shall contain a specific description of the basis for the grievance, the resolution desired, and specific reason or reasons for rejecting the lower step response and advancing the grievance to the next step.

22. b. The department head or a designee shall have fifteen (15) calendar days from date of receipt of grievance in which to respond.  If the grievance is not satisfactorily adjusted within this period, within fifteen (15) calendar days of receipt of the department head’s decision, the grievance shall be presented in writing either by the employee or by an authorized Association representative to the Employee Relations Division or designee.

3. Step III

23. a. The Step III grievance shall contain a specific description of the basis for the grievance, the resolution desired, and specific reason or reasons for rejecting the lower step response and advancing the grievance to the next step. The Step III grievance shall also include copies of all earlier correspondence (i.e. earlier grievance submissions and responses), materials, and evidence submitted at the earlier Steps of the Grievance Procedure, and any evidence to support the submission at Step III.

24. b. The Employee Relations Division (ERD) shall have thirty (30) calendar days from date of receipt of the grievance in which to respond.  If the grievance is not satisfactorily adjusted by ERD, within fifteen (15) calendar days of receipt of the ERD response, the Association has the right to advance the grievance to final and binding arbitration before an impartial arbitrator by submitting a request for arbitration to the ERD Director. The ERD Director shall issue a letter referring the Association to the City Attorney’s Office. The Association shall contact the City Attorney’s Office by letter, copied to the ERD Director, via US mail, within thirty (30) calendar days of the date of the ERD Director’s letter referring the Association to the City Attorney’s Office. If the Association fails to contact the City Attorney’s Office within thirty (30) calendar days of that letter, the grievance is deemed withdrawn.  The City Attorney’s Office and the Association shall pick an impartial arbitrator by mutual agreement. The fees and expenses of the arbitrator and of a court reporter shall be shared equally by the Association and the City.  Each party, however, shall bear the cost of its own presentation including preparation and post hearing briefs, if any. The parties shall bear their own legal expenses and costs for grievances. Each party expressly waives any right to an award of attorney’s fees or costs in any grievance proceeding.

25. Decisions of arbitrators on matters properly before them shall be final and binding on the parties hereto, to the extent permitted by the Charter of the City and County of San Francisco.  It is the intent of this provision that Arbitrator Awards be implemented.

26. No arbitrator shall entertain, hear, decide or make recommendations on any dispute unless such dispute involves a position in a unit represented by the Association and unless such dispute falls within the definition of a grievance.

27. Proposals to add to or change this Agreement or written agreements or addenda supplementary hereto shall not be arbitrable and no proposal to modify, amend or terminate Agreement, nor any matter or subject arising out of or in connection with such proposal, may be referred to arbitration under this Section. No arbitrator shall have the power to amend or modify this Agreement or written agreements or addenda supplementary hereto or to establish any new terms or conditions of employment.

28. All complaints involving or concerning the payment of compensation shall be initially filed in writing with the District Attorney or the authorized representative.  Only such complaints which allege that employees are not being compensated in accordance with the provisions of this Agreement shall be considered as grievances.  Any other matters of compensation are to be resolved in the meeting and conferring process and if not detailed in the Agreement which results from such meeting and conferring process shall be deemed withdrawn until the meeting and conferring process is next opened for such discussion.  No adjustment shall be retroactive for more than thirty (30) days from the date upon which the complaint was filed.

29. In no event shall a grievance include a claim for monetary relief for more than a thirty (30) calendar day period prior to the initiation of the grievance, nor shall an arbitrator award such monetary relief.

30. Time Off for Grievances.  If an employee desires the assistance of a representative of the Association in the processing of a grievance, the City agrees to permit one (1) Association representative reasonable time off during regular work hours, without loss of compensation or other benefits for this purpose.  The grievant and/or authorized representative shall obtain the approval of their immediate supervisor before leaving their duty or work station or assignment for the purpose of processing a grievance.

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I.H. EMPLOYEE REPRESENTATIVES

31. On July 1 of each year, the Union shall furnish to the Department of Human Resources Employee Relations Division a written list of Union Representatives with their assigned roles. During the course of the year, the Union shall amend the list as needed to ensure that the list is accurate and up to date.

32. Employee representatives shall be allowed to distribute Association material and contact members on City property, provided the contact will be made during the employees' rest periods or before or after their work.

33. Up to two (2) official Association representatives shall be allowed time off without loss of pay to meet and confer with representatives of the City and County of San Francisco on matters within the scope of representation as provided in Administrative Code §16.218, which is appended for informational purposes only.

34. A DAIA representative shall not represent an employee in a disciplinary matter if the representative is a witness or otherwise personally involved in the matter.

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I.I. ASSOCIATION SECURITY

1. AUTHORIZATION FOR PAYROLL DEDUCTIONS

35. a. The Association shall submit any request to initiate, change, or cancel deductions of Contributions from represented employees’ pay according to the Controller’s “Association Deductions Procedure” (“Procedure”), which the Controller may amend from time to time with reasonable notice to the Association. “Contributions” as used in this Section I.I. means Association membership dues, initiation fees, premiums for Association sponsored insurance programs, political action funds, other contributions, and any special membership assessments, as established and as may be changed from time to time by the Association.

36. b. The City shall deduct Contributions from a represented employee’s pay upon submission by the Association of a request, in accordance with the Procedure. The Procedure shall include, and the Association must provide with each request, a certification by an authorized representative of the Association, confirming that for each employee for whom the Association has requested deduction of Contributions, the Association 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 Association, and make the requested deduction changes only upon receipt of a proper certification.

37. c. The Procedure is the exclusive method for the Association to request the City to initiate, change or cancel deductions for Contributions.

38. d. The City shall implement new, changed, or cancelled deductions the pay period following the receipt of a request from the Association, but only if the Association 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.

39. e. If an employee asks the City to deduct Contributions, the City shall direct the employee to the Association to obtain the Association authorization form. The City will not maintain a City authorization form for such deductions. If a represented employee hand delivers the official Association 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 Association a copy of any authorization form that it receives directly from a represented employee.

40. f. Except as otherwise provided in this subsection 1, each pay period, the City shall remit Contributions to the Association, after deducting the fee under San Francisco Administrative Code Section 16.92. In addition, the City will make available to the Association 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.

41. g. 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 Association 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.

42. h. With the exception of subsection (e) above, the Association 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 Association on such matters. The City shall direct all employee requests to change or cancel deductions, or to revoke an authorization for deductions, to the Association. The City shall not resolve disputes between the Association and represented employees about Association 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 Association. The Association shall respond to such employee inquiries within no less than 10 business days.

2. INDEMNIFICATION

43. The Association shall indemnify, hold harmless, and defend the City against any claim, including but not limited to any civil or administrative action, and any expense and liability of any kind, including but not limited to reasonable attorney’s fees, legal costs, settlements, or judgements, arising from or related to the City’s compliance with this Section I.I. The Association shall be responsible for the defense of any claim within this indemnification provision, subject to the following: (i) the City shall promptly give written notice of any claim to the Association; (ii) the City shall provide any assistance that the Association may reasonably request for the defense of the claim; and (iii) the Association 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 Association 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 I.I. brought by the Association 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.

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I.J. ASSOCIATION ACCESS

44. The City shall provide the Association reasonable access to all work locations to verify compliance with the terms and conditions of this Agreement and to confer with represented employees, provided that such access is subject to the rules and regulations immediately below, as well as any rules and regulations agreed to by a City agency or department and the Association.

45. The Association agrees that its access to work locations will not disrupt or interfere with a City agency or department’s mission and services or the work of employees, or involve any political activities.

46. The Association representatives may use City meeting space with a reasonable amount of advance notice and approval from the City agency or department, subject to availability.

47. The City may require an agency or department representative to escort Association representatives (other than active DA Investigators) when the Association representative seeks access to a work area where confidential or secure work is taking place, when the department would require an escort for other non-employees.

48. Nothing in this Section is intended to disturb existing City agency or departmental Association access policies. Further, City agencies or departments may implement additional rules and regulations after meeting and conferring with the Association.

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ARTICLE II – EMPLOYMENT CONDITIONS

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II.A. NON DISCRIMINATION CLAUSE

49. The City and the Association 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. This paragraph shall not be construed to restrict or proscribe any rule, policy, procedure, order, action, determination or practice taken to ensure compliance with applicable laws.

50. Neither the City nor the Association 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.

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II.B. FAIR LABOR STANDARDS ACT

51. The City agrees that it will, at a minimum, compensate in a manner and consistent with the Fair Labor Standards Act.  No employee covered by this Agreement shall suffer any reduction in benefits as the result of the application of this language.

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II.C. INJURY RELATED LEAVES

52. The City will make a good faith effort to return employees who have sustained an occupational or non-occupational injury or illness to temporary modified duty within the employee’s medical restriction.  Duties of the 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.  Where appropriate 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 pursuant to this section to work in another classification, on a different shift, and/or in another department, provided the assignment must be approved by the District Attorney and does not violate Section 3303(j) of the Government Code.  The decision to provide modified duty and/or the impact of such decisions shall not be subject to grievance or arbitration, except that alleged violations of Government Code Section 3303(j) shall be subject to grievance and/or arbitration. Modified duty assignments may not exceed three (3) months.

53. 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. Use of compensatory time requires the employee’s Appointing Officer’s approval.

54. An employee who wishes to not supplement, or 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 normal salary unless the employee makes an alternative election as provided in this section.

55. 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.

56. 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.

57. Nothing in this Agreement is intended to affect any rights an employee covered by this Agreement may have under Labor Code Section 4850.

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II.D. LAYOFFS

58. Advance Notice.  Any employee whose position is eliminated shall be given at least thirty (30) calendar days’ advance written notice.  The Association shall receive a copy of any layoff notice.

59. Displacements.  The City will provide ten (10) business days’ notice to employees who are subject to displacement due to layoffs.  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.

60. Request to Meet & Confer.  Prior to any layoff, the Association shall have ten (10) calendar days from the date of the layoff notice, as specified in subsection 1 above, to make a written request to meet and confer with the City.  If such request is provided, the City shall meet and confer to consider any proposal(s) advanced as an alternative to layoff and/or on the impact of such layoff.

61. The Association’s rights under this provision shall not alter the effective date of the layoffs without the written agreement of the City.

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II.E. LABOR MANAGEMENT COMMITTEE

62. The parties have established a Joint Labor Management Committee with equal representation from both the City and the Association.

Scope:

63. a.  to give advice and make recommendations regarding the meaning, interpretation, or application of this Agreement;

64. b. to give advice and make recommendations regarding issues which both the City and the Association agree to submit to the Joint Labor Management Committee;

65. The Joint Labor Management Committee shall meet at a minimum on a quarterly basis, and otherwise as needed.  By mutual agreement, the Committee may discuss grievance matters subject to arbitration.  

66. The Committee will begin with a review of workload.  The parties recognize that though workload fluctuates for various reasons, an employee’s normal workload should conform to a regular 40-hour workweek to the extent possible.

67. The Committee is specifically empowered to establish such sub-committees as may be needed to consider and recommend solutions to workplace issues and concerns.

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ARTICLE III - PAY, HOURS AND BENEFITS

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III.A. SCHEDULES OF COMPENSATION

68. Compensation for the respective classifications of employment shall be paid for services under a normal work schedule as defined in Section III hereof. Compensations listed are gross amounts and are paid on a biweekly basis unless otherwise specified. The salary grade plan of seniority increments is contained herein.  Wage rates are set forth in Attachment A.

69. Base wages shall be increased as follows:

70. Effective July 1, 2024, represented employees shall receive a 1.5% wage increase.

71. Effective January 4, 2025, represented employees shall receive a 1.5% wage increase.

72. Effective June 30, 2025, at close of business, represented employees shall receive a 1% wage increase.

73. Effective July 1, 2025, represented employees shall receive a 1% wage increase.

74. Effective January 3, 2026, represented employees shall receive a 1.5% wage increase.

75. Effective June 30, 2026, at close of business, represented employees shall receive a 2% wage increase.

76. Effective January 2, 2027, represented employees shall receive a 2% wage increase.

77. Effective June 30, 2027, at close of business, represented employees shall receive a 2.5% wage increase.

78. Because of the wage structure of this proposal, no wage deferrals/offramps will be utilized.

79. All base wage increases shall be rounded to the nearest whole dollar, bi-weekly salary.

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III.B. WORK SCHEDULES

1. NORMAL WORK SCHEDULES

80. a. Unless otherwise provided in this agreement, a normal work day is a tour of duty of eight (8) hours completed within not more than nine (9) hours.

81. Upon request of the appointing officer, the Department of Human Resources may authorize work schedules for executive, administrative or professional employees which are comprised of eight (8) hours within twelve (12) or a forty (40) hour work week in four, five or six consecutive days.  Such change in the number of work days shall not alter the basis for, nor entitlement to, receiving the same rights and privileges as provided all five-day, forty hour-a-week employees.

82. All classifications of employees having a normal work day of eight (8) hours within nine (9) hours may voluntarily work in flextime programs authorized by appointing officers and may voluntarily work more than or less than eight (8) hours within twelve (12) hours, provided, that the employee must work five (5) days a week, eighty (80) hours per payroll period, and must execute a document stating that the employee is voluntarily participating in a flextime program and waiving any rights the employee may have on the same subject.

83. The Employee Relations Division of the Department of Human Resources may authorize any department head, board or commission to meet and confer with an employee, group of employees, or their representatives on proposals offered by the employee, group of employees, or their representatives or the department relating to alternate scheduling of working hours for all or part of a department.  Such proposals may include but are not limited to corehour flex time, full time work weeks of less than five (5) days, work days of less than eight (8) hours or a combination of plans which are mutually agreeable to the employee, group of employees, and their representatives and the department concerned.  Any such agreement shall be submitted to the Mayor's Budget Office for its approval or rejection.

84. b. A normal work week is a tour of duty on each of five consecutive days.

c. City-Wide Voluntary Reduced Work Week

85. Employees in any classification, upon the recommendation of the appointing officer and subject to the approval of the Human Resources Director, may voluntarily elect to work a reduced work week for a specified period of time.  Such 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 reduced in accordance with such reduced work week.

d. Exceptions

86. Covered employees unable to work due to inclement weather conditions, shortage of supplies, traffic conditions, or other unusual circumstances shall be compensated as follows:

87. (i.) Employees who receive at least 2-hours advance notice that work is not available shall receive no compensation.

88. (ii.) Employees who are not given at least 2-hours advance notice and who report to work and are informed no work is available shall be paid for a minimum of two (2) hours

89. (iii.) Employees who begin their shift and are subsequently relieved of duty due to the above reasons shall be paid a minimum of four (4) hours, and for hours actually worked beyond four (4) hours, computed to the nearest one-quarter (1/4) hour.

2. PART-TIME WORK SCHEDULE

90. A part-time work schedule is a tour of duty of less than forty hours per week.

3. SCHEDULING OF LUNCH AND REST BREAKS

91. Due to the unpredictable requirements, demands and nature of the investigative work performed by DA Investigators, members shall be afforded flexibility to schedule their unpaid lunch and rest breaks to efficiently perform their duties and accommodate the workflow of the Office of the District Attorney.  Such scheduling requests shall be subject to approval of the Chief Investigator or the Captain in their absence.  The Chief Investigator, or the Captain in their absence, shall take into consideration the needs, requirements and mission of the Department. This flexibility in scheduling is not intended to create a routine schedule of members taking their first or last hour of their shift for lunch and rest breaks.  The Association and Chief Investigator will meet on a regular basis to ensure that the interests of the Department and Investigators are being met.  This provision is intended to create a pilot program which will expire at the end of the term of this agreement and any disputes between the parties regarding this provision will not be subject to the grievance process set forth herein.

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III.C. COMPENSATION FOR VARIOUS WORK SCHEDULES

1. PART-TIME WORK SCHEDULE

92. Salaries for part-time services shall be calculated upon the compensation for normal work schedules proportionate to the hours actually worked.

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III.D. ADDITIONAL COMPENSATION

1. SUPERVISORY DIFFERENTIAL ADJUSTMENT

93. The Human Resources Director is hereby authorized to adjust the compensation of a supervisory employee whose schedule of compensation is set herein subject to the following conditions:

94. 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.

95. b. The organization is a permanent one approved by the appointing officer, Chief Administrative Officer, Board or Commission, where applicable, and is a matter of record based upon review and investigation by the Department of Human Resources.

96. c. 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.

97. d. The compensation schedule of the supervisor is less than one full step (approximately 5%) over the compensation schedule, exclusive of extra pay, of the employee supervised.

98. e. The adjustment of the compensation schedule of the supervisor shall be to the nearest compensation schedule representing, but not exceeding, one full step (approximately 5%) over the compensation schedule, exclusive of extra pay, of the employee supervised.

99. If the application of this Section adjusts the compensation schedule of an employee in excess of the employee’s immediate supervisor, the pay of such immediate supervisor covered by this agreement shall be adjusted to an amount $1.00 bi-weekly in excess of the base rate of the employee’s highest paid subordinate, provided that the applicable conditions under this section are also met.

100. f. The decision of the Department of Human Resources as to whether the compensation schedule of the supervisory employee shall be adjusted in accordance with this section shall be final and shall not be grievable.

101. g. 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.

102. 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.

103. h. In no event will the Human Resources Director approve a supervisory salary adjustment in excess of 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 Human Resources Director may again review the circumstances and may grant an additional salary adjustment not to exceed 2 full steps (approximately 10%).

104. i. It is the responsibility of the appointing officer to immediately notify the Department of Human Resources of any change in the conditions or circumstances that were and are relevant to a request for salary adjustment under this section either acted upon by or pending.

105. j. An employee shall be eligible for supervisory differential adjustments only if they actually supervise the technical content or subordinate work and possess education and/or experience appropriate to the technical assignment.

2. STANDBY PAY

106. Employees who, as part of the duties of their positions are required by the appointing officer to standby when normally off duty to be instantly available on call for immediate emergency service for the performance of their regular duties, shall be paid ten percent (10) of their regular straight time rate of pay for the period of such standby service. To qualify for standby pay the Department must provide the employee with a cell phone or another type of electronic communication device and must assign the employee in writing to standby pay. When employees are called to perform their regular duties in emergencies during the period of standby service, they shall be paid while engaged in emergency service the usual rate of pay for service as provided herein. However, standby pay shall not be allowed in classes whose duties are primarily administrative in nature.

107. Employees assigned to standby status as part of the officer-involved shooting team shall be compensated for the period of standby status as follows: Employees may be assigned to standby when normally off-duty from 8 a.m. Monday to 8 a.m. the following Monday (“duty week”). For each duty week the employee is assigned to standby status, the employee shall receive eighteen (18) hours of compensatory time. When the Monday ending the employee’s standby assignment is an observed holiday, the employee’s standby assignment shall continue until Tuesday at 8 a.m. In such circumstances, the employee covering the Monday assignment shall receive an additional two (2) hours of compensatory time, and the employee assuming the standby assignment on Tuesday shall receive sixteen (16) hours of compensatory time for the employee’s assignment. Employees assigned to standby duties during the Thanksgiving and Christmas holidays shall receive an additional four (4) hours of compensatory time. In addition, when such employees are called to perform their regular duties in emergencies during the period of such standby status, they shall be paid while engaged in such emergency service the usual rate of pay for such service as provided herein.

108. If employees assigned to the child abduction unit or the arson task force are assigned to standby status when normally off-duty, the City shall notify the Association and agree to meet and confer regarding the compensation of such employees while on standby status.

3. CALL BACK

109. 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 the employee’s work day and departure from the employee’s place of employment, shall be granted a minimum of four (4) hours compensation (pay or compensatory time off as appropriate - “Z” employees can only take overtime in the form of compensatory time off) at the applicable rate or shall be compensated 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 standby status.  The employee’s work day shall not be adjusted to avoid the payment of this minimum.

4. ACTING ASSIGNMENT PAY

110. Adjustment of compensation shall occur if all the following conditions are met:

1. The assignment shall be in writing;
2. Assigned position must be budgeted;
3. The employee is assigned to perform the duties of a higher classification for eleven (11) consecutive work days, after which acting assignment pay shall be retroactive to the first (1st) day of the assignment.

111. Upon written approval, as determined by the City, an employee shall be authorized to receive an increase to a step in an established salary grade that represents at least 5% above the employee’s base salary and that does 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 which includes the acting assignment pay.

112. Where the above requirements are satisfied but an employee does not receive a premium, the employee must file a grievance within sixty (60) calendar days of not receiving acting assignment pay.

113. An employee who is asked to perform the duties of a higher classification is entitled to have the assignment in writing.

5. TIME OFF FOR VOTING

114. 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.

6. JURY DUTY

115. 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.

116. 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.

117. 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.

118. 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.

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III.E. OVERTIME COMPENSATION

119. 1. Appointing officers may require employees to work longer than the normal work day or longer than the normal work week.  Any time worked under proper authorization of the appointing officer or the appointing officer’s designated representative or any hours suffered to be worked by an employee, exclusive of part-time employees, in excess of the regular or normal work day or week shall be designated as overtime and shall be compensated at one-and-one-half times the base hourly rate; provided that employees working in classifications that are designated in Section III.B. of this Agreement as having a normal work day of less than eight (8) hours or a normal work week of less than forty (40) hours shall not be entitled to overtime compensation for work performed in excess of said specified normal hours until they exceed eight (8) hours per day or forty (40) hours per week, provided further, that employees working in a flex-time program shall be entitled to overtime compensation as provided herein when required to work more than eight hours in a day or eighty hours per payroll period.  Overtime compensation so earned shall be computed subject to all the provisions and conditions set forth herein.

120. There shall be no eligibility for overtime compensation if there has been sick pay, sick leave or disciplinary time off on the preceding workday, or if sick pay, sick leave or disciplinary time off occurs on the workday following the last overtime assignment.

121. 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.

122. No appointing officer shall require an employee not designated by a “Z” symbol in the Annual Salary Ordinance to work overtime when it is known by said appointing officer that funds are legally unavailable to pay said employee, provided that an employee may voluntarily work overtime under such conditions in order to earn compensatory time off at the rate of time and one-half, pursuant to subsection 2, below.

123. 2. Employees occupying positions determined by the Department of Human Resources as being exempt from the Fair Labor Standards Act and designated by a "Z", shall not be paid for overtime worked but may be granted compensatory time off (“CTO”) at the rate of oneandonehalf times for time worked in excess of normal work schedules.  Except as provided below, those employees occupying positions designated "Z" shall not accumulate in excess of (300) hours calculated at time and one half; provided, however, that the 8149/8554 Assistant Chief District Attorney Investigator (“ACDAI”) assigned to the Officer Involved Shooting (“OIS”) detail shall be allowed to accrue and maintain a compensatory time balance of four hundred and eighty (480) hours while the employee is assigned to that detail.  Once that ACDAI is no longer in that position and on that detail, the employee will not be able to earn additional CTO until the employee is under the three hundred (300) hour cap Any employees who has a compensatory time balance in excess of three hundred (300) hours on July 1, 2019 may maintain their compensatory balance, but may not accrue any additional compensatory time until their balance drops below three hundred (300) hours.

a. Those employees subject to the provisions of the Fair Labor Standards Act and designated as non-“Z” and “L”, 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.  Those employees occupying positions designated non-“Z” or "L", shall not accumulate in excess of three hundred (300) hours. Any employee designated non-Z or L who has a compensatory time balance in excess of three hundred (300) hours on July 1, 2019 may maintain their compensatory balances, but may not accrue any additional compensatory time until their balance drops below three hundred (300) hours. Employees who accrue CTO when their CTO balances are 300 hours or more will be paid cash overtime pay.  The City may, in its discretion, pay off CTO balances in excess of 300 hours back down to 300 hours.  Subject to availability of funds, a non-“Z” classified employee, upon the employee’s request, shall be able to cash out earned but unused compensatory time; approval of the cash out is at the discretion of the Appointing Officer. An employee who is appointed to a position in another department shall have the employee’s entire compensatory time balances paid out at the rate of the underlying classification prior to appointment. An employee who is appointed to a position in a higher, Non-“Z” or “L” designated classification shall have the employee’s entire compensatory time balances paid out at the rate of the lower classification prior to promotion. Non-“Z” or “L” classified employee, at the employee’s option, may carry over forty (40) hours of accrued compensatory time to the position in a higher classification within the department.

124. The use of any sick leave shall be excluded from determining hours worked in excess of 40 hours in a week for determining eligibility for overtime payment.

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III.F. HOLIDAYS AND HOLIDAY PAY

125. 1. A holiday is calculated based on an eight-hour day.  The following days are designated as holidays:

• January 1 (New Year's Day)
• the third Monday in January (Martin Luther King, Jr.'s birthday)
• the third Monday in February (Presidents' 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 (Veterans' Day)
• Thanksgiving Day
• the day after Thanksgiving
• December 25 (Christmas Day)

126. Provided further, if January 1, June 19, July 4, November 11 or December 25 falls on a Sunday, the Monday following is a holiday.

127. 2. 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.

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III.G. HOLIDAY ELIGIBILITY

128. Four (4) floating days off in each fiscal year to be taken on days selected by the employee subject to the approval of the appointing officer subject to prior scheduling approval of the appointing officer. Employees (both full time and part-time) establish initial eligibility for the floating days off upon appointment.  Employees hired on an as-needed, intermittent or seasonal basis shall not receive the additional floating days off.  Floating days off shall be carried forward from one fiscal year to the next except with the approval of the Appointing Authority.  No compensation of any kind shall be earned or granted for floating days off not taken off.

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III.H. HOLIDAY PAY FOR EMPLOYEES WHO SEPARATE

129. Employees who have established initial eligibility for floating days off and who subsequently separate from City employment, may, at the sole discretion of the appointing authority, be granted those floating day(s) off to which the separating employee was eligible and had not yet taken off.

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III.I. HOLIDAYS THAT FALL ON A SATURDAY

130. 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. 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.

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III.J. HOLIDAY COMPENSATION FOR TIME WORKED

131. Employees required by their respective appointing officers to work on any of the above specified or substitute holidays, excepting Fridays observed as holidays in lieu of holidays falling on Saturday, shall be paid extra compensation of one additional day's pay at timeandonehalf the usual rate in the amount of 12 hours pay for 8 hours worked or a proportionate amount for less than 8 hours worked provided, however, that at the employee's request and with the approval of the appointing officer, an employee may be granted compensatory time off in lieu of paid overtime pursuant to the provisions of Section III.E.2.

132. Executive, administrative and professional employees designated in the Annual Salary Ordinance with the "Z" symbol shall not receive extra compensation for holiday work but may be granted time off equivalent to the time worked at the rate ofoneandonehalf times for work on the holiday.

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III.K. HOLIDAY PAY FOR EMPLOYEES LAID OFF

133. An employee who is laid off at the close of business the day before a holiday who has worked not less than five previous consecutive work days shall be paid for the holiday.

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III.L. PART-TIME EMPLOYEES ELIGIBLE FOR HOLIDAYS

134. Part-time employees, including employees on a reduced work week schedule, who regularly work a minimum of twenty (20) hours in a bi-weekly pay period shall be entitled to holidays as provided herein on a proportionate basis.

135. Regular fulltime 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 scheduled to work in a bi-weekly pay period. The computation of holiday time off shall be rounded to the nearest hour.

136. 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 appointing officer.

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III.M. EMPLOYEES NOT ELIGIBLE FOR HOLIDAY COMPENSATION

137. Persons employed for holiday work only, or persons employed on a part-time 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.

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III.N. SALARY STEP PLAN AND SALARY ADJUSTMENTS

138. 1. Appointments to positions in the City and County Service shall be at the entrance rate established for the position except as otherwise provided herein.

a. Promotive Appointment in a Higher Class

139. An employee or officer who is a permanent appointee following completion of the probationary period or six months of permanent service, and who is appointed to a position in a higher classification, either permanent or temporary, deemed to be promotive by the Department of Human Resources shall have the respective salary adjusted to that step in the promotive class as follows:

140. (1) If the employee is receiving a salary in the employee’s present classification equal to or above the entrance step of the promotive class, the employee's salary in the promotive class shall be adjusted to two steps in the compensation schedule over the salary received in the lower class but not above the maximum of the salary range of the promotive classification.

141. (2) If the employee is receiving a salary in the employee’s present classification which is less than the entrance step of the salary range of the promotive classification, the employee shall receive a salary step in the promotive class which is closest to an adjustment of 7.5% above the salary received in the class from which promoted.  The proper step shall be determined by the biweekly compensation schedule and shall not be above the maximum of the salary range of the promotive class.

142. (3) If the appointment deemed promotive described above is a temporary appointment, and the employee, following a period of continuous service at least equal to the prescribed probationary period is subsequently given another appointment either permanent or temporary, deemed promotive from the prior temporary appointment class, the salary step in the subsequent promotive appointment shall be deemed promotive in accordance with subsections 1 & 2, above.

143. For purpose of this section, appointment of an employee as defined herein to a position in any class the salary schedule for which is higher than the salary schedule of the employee's permanent class shall be deemed promotive.

b. Non-Promotive Appointment

144. An employee or officer who is a permanent appointee following completion of the probationary period or six months of permanent service, and who accepts a nonpromotive appointment in a classification having the same salary schedule, or a lower salary schedule, 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 schedule.  Further increments shall be based upon the seniority increment anniversary date in the prior appointment.

c. Appointment above Entrance Rate

145. Appointments may be made by an appointing officer at any step in the salary grade under one or more of the following conditions: experience, education/training, skill and/or performance.

d. Exempt Appointive Position

146. An employee who holds an exempt appointive position whose services are terminated, through lack of funds or reduction in force, and is thereupon appointed to another exempt appointive position with the same or lesser salary schedule, shall receive a salary in the second position based upon the relationship of the duties and responsibilities and length of prior continuous service as determined by the Department of Human Resources.

e. Reappointment within Six Months

147. 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.

2. COMPENSATION ADJUSTMENTS

148. When an employee promoted to a higher class during a prior fiscal year receives a lesser salary than if promoted in the same class and from the same schedule step during the current fiscal year the employee’s salary shall be adjusted on July 1, to the rate the employee would have received had the employee been promoted in the current fiscal year.

149. The Department of Human Resources is hereby authorized to adjust the salary and anniversary increment date of any employee promoted from one class to a higher classification who would receive a lesser salary than an employee promoted at a later date to the same classification from the same salary step in the same base class from which the promotional.

3. FEDERAL MINIMUM WAGE

150. Notwithstanding any of the other provisions contained herein, no employee working in a federally funded position shall be paid at a rate less than the established Federal Minimum Wage if that is a condition upon receipt of the Federal funds.

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III.O. METHODS OF CALCULATION

1. BIWEEKLY

151. An employee whose compensation is fixed on a biweekly basis shall be paid the biweekly salary for the employee’s position for work performed during the biweekly payroll period.  There shall be no compensation for time not worked unless such time off is authorized time off with pay.

2.  PER DIEM OR HOURLY

152. 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 biweekly payroll period on a biweekly pay schedule.  There shall be no compensation for time not worked unless such time off is authorized time off with pay.

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III.P. SENIORITY INCREMENTS

1. ENTRY AT THE FIRST STEP

153. Employees who, at the time of hire, have one (1) year or less of law enforcement experience, shall be placed at the first step of the salary range. Permanent employees shall advance to the second step and to each successive step upon completion of the one year required service.

2. ENTRY AT OTHER THAN THE FIRST STEP

154. Employees who, at the time of hire, have two (2) or more years of law enforcement experience, shall be placed at the step of the salary range corresponding with their years of law enforcement experience (e.g., an employee with four (4) years of prior law enforcement experience shall be placed at Step 4 or higher); provided, however, the District Attorney may place the employee at a lower step if this action is accompanied by a written explanation to the Association setting forth the lawful basis relied upon by the District Attorney for assigning the employee to a lower step. For example, a lower step may be justified by a significant break in service. 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 year required service.  Further increments shall accrue following completion of the required service at this step and at each successive step.

3. DATE INCREMENT DUE

155. Increments shall accrue and become due and payable on the next day following completion of required service as a permanent employee in the class, unless otherwise provided herein.

4. EXCEPTIONS

156. 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 onesixth of the required service in the anniversary year, provided that such employee shall receive a salary increment when the aggregate 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.

157. Satisfactory Performance. An employee's scheduled step increase may be denied if the employee's performance has been unsatisfactory to the City.  The Appointing Officer shall notify an affected employee at least sixty (60) calendar days prior to the employee's salary anniversary date of intent to withhold a step increase.  However, if unsatisfactory performance occurs within the sixty days before the employee's salary anniversary date, the Appointing Officer shall provide notice of intent to withhold a step increase within a reasonable time.  The notice shall be in writing and shall provide reason(s) and/or explanation for the denial.

158. The denial of a step increase is subject to the grievance procedure, including final and binding grievance arbitration.  An employee's performance evaluation(s) may be used as evidence by either party in a grievance arbitration; provided, however, that nothing in this section is intended to or shall make performance evaluations subject to the grievance procedure.

159.  If an employee's step advancement is withheld, that employee shall next be eligible for a step advancement on the employee's salary anniversary date the following fiscal year.  However, at any time before that date, the Appointing Officer, in the Appointing Officer’s sole discretion, may grant the employee the withheld step increase, to be effective on or after the first pay period following the Appointing Officer's decision, with no retroactive payment allowed.

160. An employee's salary anniversary date shall be unaffected by this provision.

161. In administering this subsection (a), the City affirms its commitment to a meaningful employee performance evaluation and notice process.

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III.Q. ADDITIONAL BENEFITS

162. The following contributions shall not be considered as a part of an employee’s compensation for the purpose of computing straight time earnings, compensation for overtime worked, premium pay, or retirement benefits; nor shall such contributions be taken into account in determining the level of any other benefit which is a function of or percentage of salary.

1. HEALTH AND WELFARE AND DENTAL INSURANCE

163. 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.

164. a. Benefits that are made available by the City to the domestic partners of other City employees shall simultaneously be made available to the domestic partners of these bargaining unit members.

165. b. Hepatitis B Vaccine.  The City shall provide at its expense Hepatitis B vaccine immunization for all bargaining unit members.

166. c. 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.

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2. HEALTH COVERAGE EFFECTIVE JANUARY 1, 2015

167. Effective January 1, 2015, 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:

a. Employee Only:

168. 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.

b. Employee Plus One:

169. 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.

c. Employee Plus Two or More:

170. 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.

d. Contribution Cap

171.  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.

e. Average Contribution Amount

172. For purposes of this agreement, and to ensure that all employees enrolled in health insurance through the City’s Health Services System (HSS) are making premium contributions 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.

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3. MEDICALLY SINGLE EMPLOYEES OUTSIDE OF HEALTH COVERAGE AREAS

173. Notwithstanding any other provision of this Agreement, for “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, the City shall continue to contribute one hundred percent (100%) of the premium for the employees’ own health care benefit coverage.

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III.R. RETIREMENT

174. Employees in CalPERS shall pay their own employee retirement contribution in the amount of nine percent (9%) of covered gross salary. Employees in SFERS shall pay their own retirement contribution in the amount required by the San Francisco Charter.

1. Proposition C Employee Cost-Sharing:

175. The parties recognize the requirement under Charter Section A8.409-9 to negotiate cost-sharing provisions that produce comparable savings and costs to the City and County as are produced through the Charter's SFERS employee contribution rate adjustment formulae.  The parties intend this Section to effectuate the cost sharing provisions of San Francisco Charter Section A8.409-9. The parties further acknowledge that: (i) the annual SFERS employer contribution rate is determined by the SFERS actuary and approved by the SFERS Board for each fiscal year; and (ii) the annual employer contribution rate for SFERS for FY 2012-13 is 20.71%. 

176. The parties agree that, when the applicable SFERS annual employer contribution rate is more than 12.00%, bargaining unit members in CalPERS shall make the mandatory statutory employee contribution described in paragraph 177, plus an additional mandatory contribution to effectuate San Francisco Charter Section A8.409-9 (the “Prop C Contribution”).  The Prop C Contribution is determined, as set forth in the chart below, based on the employee contribution rate which corresponds to the SFERS annual employer contribution rate for that fiscal year.  For example, for FY 2012-2013, based on the employer contribution rate of 20.71%, the  Prop. C Contribution will be 2.5% of covered compensation for miscellaneous safety bargaining unit members in CalPERS earning at the annual rate of less than $100,000, and 3% of covered compensation for such bargaining unit members earning at the annual rate of $100,000 or more.  

177. The Prop. C Contribution:

(i) will be paid by the City to CalPERS, effectuated via a pre-tax reduction in salary pursuant to Internal Revenue Code Section 414(h)(2); 

(ii) will not be included in the gross income of the bargaining unit members for certain tax reporting purposes, that is, for federal, state, or local income tax withholding, unless and until distributed either through a pension benefit or a lump sum payment;

(iii) will be included in the gross income of the bargaining unit members for FICA taxes when they are made;

(iv) will be reported to CalPERS as City contributions to be applied against the City's CalPERS reserve, and will not be applied to the bargaining unit member's individual CalPERS account; 

(v) will be included in the bargaining unit member's compensation as reported to CalPERS and the affected bargaining unit members shall not be entitled to receive any of the contributions described above directly instead of having them paid by the City to CalPERS; and

(vi) will be considered as part of the bargaining unit member's compensation for the purpose of computing straight-time earnings, compensation for overtime worked, premium pay, and retirement benefits, and shall be taken into account in determining the level of any other benefit which is a function of, or a percentage of, salary.

178. In the event that the Prop. C Contribution is zero, i.e. the annual SFERS employer contribution rate is between 11-12%, Section C above will not apply.  In the event that the Prop. C Contribution is a negative number, i.e. the annual SFERS employer contribution rate is less than 11%, Section C above will not apply and the Prop. C Contribution will be treated as a City pick up of the bargaining unit members' mandatory CalPERS retirement contribution under paragraph 177 to the extent of the Prop. C Contribution.

179. Any City pickup of an employee’s mandatory retirement contribution shall not be considered as a part of an employee's compensation for the purpose of computing straight-time earnings, compensation for overtime worked, premium pay, or retirement benefits; nor shall such contributions be taken into account in determining the level of any other benefit which is a function of our percentage of salary. The City reserves the right to take said contributions into account for the purpose of salary comparisons with other employers.

180. Notwithstanding the above paragraphs, in the event that a change in state law causes the implementation, during the term of this Agreement, of an increase in the employee contribution to CalPERS for employees covered by this Agreement, either party may elect to reopen this Agreement to address the impact of  the change in state law.  This reopener shall be subject to the impasse resolution procedures and criteria set forth in Charter Section A8.409-4.

2. Employee payment of employee contribution to CalPERS

181. For the duration of this agreement, members of the bargaining unit in CalPERS shall pay the employee share of mandatory retirement contributions effectuated via a pre-tax reduction in salary. These mandatory retirement contributions:

(i) will be paid by the City to CalPERS, effectuated via a pre-tax reduction in salary pursuant to Internal Revenue Code Section 414(h)(2);

(ii) will not be included in the gross income of the bargaining unit members for certain tax reporting purposes, that is, for federal, state, or local income tax withholding, unless and until distributed either through a pension benefit or a lump sum payment;

(iii) will be considered as part of the bargaining unit member's compensation for the purpose of computing straight-time earnings, compensation for overtime worked, premium pay, and retirement benefits, and shall be taken into account in determining the level of any other benefit which is a function of, or a percentage of, salary; and

(iv) the affected bargaining unit members shall not be entitled to receive any of the contributions described above directly instead of having them paid to CalPERS.

182. Pursuant to San Francisco Administrative Code Section 16.61-1(4)(a), the Association has elected to place all employees covered by this agreement into a full retirement status.  The parties recognize that the implementation of full contribution rather than reduced contribution is irrevocable.

183. Although not a mandatory subject of bargaining, if requested in writing by the Association, the City agrees to meet and confer with the Association over a mutually satisfactory amendment to the City's contract with PERS to effect safety retirement improvements for represented employees.  As set forth in Charter Section A8.506-2, any contract amendment shall be cost neutral.  As set forth in Charter Sections A8.409-5 and A8.506-2, the parties acknowledge that any disputes remaining after meet and confer on a PERS contract amendment are not subject to the impasse resolution procedures in Charter Section A8.409.

184. Retirement Seminar Release Time.  Subject to development, availability and scheduling by SFERS and PERS, employees shall be allowed not more than one day during the life of this agreement to attend a pre-retirement planning seminar sponsored by SFERS or PERS.

185. Employees must provide at least two-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 exigencies require the employee's attendance at work on the day or days such seminar is scheduled.  Release time shall not be unreasonably withheld.

186. All such seminars must be located within the Bay Area.

187. This section shall not be subject to the grievance procedure.

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III.S. POST AND/OR EDUCATION PREMIUM PAY

188. Employees in classifications 8146 District Attorney Investigator, 8147 Senior District Attorney Investigator and 8149 Assistant Chief District Attorney Investigator, and any other District Attorney Investigator classification with peace officer status subsequently accreted to this bargaining unit, who successfully maintain the State required minimum of completing twenty-four (24) hours of POST training within a twenty-four (24) month period, shall receive a premium equal to Four (4%) Percent of their base rate of pay.

189. Any employee who (1) was hired as a 8146 District Attorney Investigator, 8147 Senior District Attorney Investigator or 8149 Assistant Chief District Attorney Investigator (or any other District Attorney Investigator classification with peace officer status subsequently accreted to this bargaining unit) before July 1, 1990, or (2) possesses a valid Advanced POST Certificate, shall receive a premium equal to Six point Eight Four (6.84%) of the employee’s base rate of pay. Any employee who receives the 6.84% premium shall not receive the 4% premium described in paragraph 188.

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III.T. BILINGUAL PAY

190. Subject to the Department of Human Resources’ approval, employees who are certified as bilingual and assigned to positions designated as bilingual by the department 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. Given the small size of this bargaining unit, and the fact that the Investigators’ work throughout the City, the Appointing Officer is authorized to designate as bilingual as many positions as the Appointing Officer believes is appropriate.

191. 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.

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III.U. SEVERANCE PAY

192. The City agrees that when removing or releasing a represented employee from employment, the appointing officer will endeavor to inform the employee at least thirty (30) calendar days before the employee’s final day1 of work. In the event that the appointing officer fails or declines to inform an employee a full thirty (30) days in advance, the employee shall receive pay in lieu of the number of days less than  thirty (30) upon which the employee was informed.

193. Due to the status of the represented employees as exempt from the City's civil service selection, appointment and removal procedures (as provided by the Charter), the City and the Association agree that in addition to the notice or pay in lieu thereof provided above, a represented employee who is removed or released from City service shall receive the following severance benefit in exchange for a release, in a form acceptable to the City, signed by the represented employee, and signed by the Association in its representative capacity for the employee, of any and all claims arising out of the employee's employment, removal or release from City service that the employee or the Association may have against the City, including any officer or employee thereof, and shall include a waiver of any right the employee may have to return to City employment, a waiver of Section 1542 of the California Civil Code, and a waiver of claims under the Age Discrimination in Employment Act, 29 U.S.C. 29 § 621 through  U.S.C § 634: 1 week of pay per completed year of service.

194. For the purposes of this provision, "service" means paid service in job codes, 8146, 8147 or 8149 with a break of no more than two consecutive years in such service.

195. For purposes of this provision, “removed or released from City service” as used in paragraph 189 shall be interpreted and applied as follows for purposes of determining eligibility for severance pay:

196. a. A represented employee in job codes  8146, 8147, 8149, 8550, 8552 or 8554 who is reassigned to and accepts another position with the City is not entitled to severance pay;

197. b. A represented employee in job codes 8146, 8147, or 8149 who is reassigned to a position in job code 8132, may either (1) accept the reassignment and not receive severance pay or (2) treat the proposed reassignment as a release or removal from service and receive severance pay;

198. c. A represented employee in job code 8149 who is reassigned to job code 8146 or 8147, or a represented employee in job code 8147 who is reassigned to job code 8146, shall not be entitled to severance pay regardless of whether or not the employee chooses the reassignment.

199. Severance payments shall be made within thirty (30) days of the City receiving a fully executed release pursuant to this MOU.

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III.V. CHAPTER 12W PAID SICK LEAVE ORDINANCE

200. San Francisco Administrative Code, Chapter 12W, Paid Sick Leave Ordinance, is expressly waived in its entirety with respect to employees covered by this Agreement.

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III.W. VOLUNTEER/PARENTAL RELEASE TIME

201. Represented employees shall be granted paid release time to attend parent teacher conferences of four (4) hours per fiscal year (for children in kindergarten or grades 1 to 12).

202. In addition, an employee who is a parent or who has child rearing responsibilities (including domestic partners but excluding paid child care workers) of one or more children in kindergarten or grades 1 to 12 shall be granted unpaid release time of up to forty (40) hours each fiscal year, not exceeding eight (8) hours in any calendar month of the fiscal year, to participate in the activities of the school of any child of the employee, providing the employee, prior to taking the time off, gives reasonable notice of the planned absence.  The employee may use vacation, floating holiday hours, or compensatory time off during the planned absence.

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ARTICLE IV - WORKING CONDITIONS

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IV.A. SAFETY EQUIPMENT AND TRAINING ACCOUNT FOR DISTRICT ATTORNEY INVESTIGATORS

203. All items in this Section apply solely to employees in classifications 8146/8550 – District Attorney Investigator, 8147/8552 – Senior District Attorney Investigator and 8149/8554 – Assistant Chief District Attorney Investigator (and any other District Attorney Investigator classification with peace officer status subsequently accreted to this bargaining unit).

204. a. Effective July 1, 2019, the City shall provide to employees in the bargaining unit a one-time wage adjustment of one percent (1%) to their base wages. This adjustment is intended to cover through the term of the MOU and on-going successor MOUs: (1) all reasonable and necessary expenses incurred in the course of employment, and (2) trainings including for all P.O.S.T Certified trainings beyond the amount reimbursed by P.O.S.T. and non-P.O.S.T trainings.

205. The reasonable and necessary expenses that the City and the Association intend these monies to cover are the following items:

• Flashlight, flashlight charger or batteries, flashlight holder
• Shooting glasses, ear protection
• Gun cleaning kit
• Fanny gun pack or other type of plain clothes gun carrying case
• Attaché case or Briefcase
• Duffel bag/equipment bag for carrying or storing BDU gear
• Wallet flat badge, belt holder for issued badge, plain clothes badge holder that hangs from neck chain
• Utility folding knife
• SFDAI polo shirts, jacket cap
• Riot gear (helmet, shield, 36” baton and grommet)
• Binoculars
• Cellular telephone, car adapter, and spare battery
• Various books, e.g. Thomas Street Guide, California Penal Code, Criminal Investigations Manual
• Luggage Cart
• Vinyl portfolio or metal report folder
• Gloves
• Uniform patches
• Whistle
• Raingear – jacket, pants, hood
• The replacement of Department-Issued Safety Equipment

206. b. The trainings that the City and the Association intend these monies to cover are the following:

• California Department of Justice – Organized Crime Training
• National White Collar Crime Center Training
• California Welfare Fraud Investigators Training
• California State District Attorney Investigator Training
• Child Abduction and Recovery Training
• Child Abduction Intervention and Resource Training
• California Arson Investigators Training
• Environmental/Hazard Material Investigators Training
• California Sexual Assault Investigators Training
• High Tech Crime Investigators Training
• Cyber Crime Training
• California Insurance Fraud Training
• Real Estate Fraud Training
• Narcotics-related Training
• Elder Abuse Training
• Domestic Violence Training
• Northern California Fraud Investigators Training
• Training offered at the FBI National Academy and Federal Law Enforcement Center
• Training on Interviewing and Preparing Children for Court
• Training by the California Law Enforcement Association of Background Investigation
• Consumer Fraud Training

207. The City will provide each District Attorney Investigator with peace officer status (classes 8146/8550, 8147/8552 and 8149/8554 and any other District Attorney Investigator classification with peace officer status subsequently accreted to this bargaining unit) with body armor, specifically soft body armor vests, that meet the National Institute of Justice Standard 0101.03 and a minimum threat level protection IIIA.  Soft body armor replacement shall be made available in accord with the manufacturer's recommended replacement schedule.

208. The City agrees to provide each District Attorney Investigator in classifications 8146/8550, 8147/8552 and 8149/8554, who is new to City employment, with the following items:

a. Department-Issued Safety Equipment

• Boots – Rocky Black
• Windbreaker (Raid Jacket)
• Vest Carrier
• 5.11 Tactical Jacket with ID Panels

Effective July 1, 2022, current employees are eligible to receive a Vest Carrier and a 5.11 Tactical Jacket with ID Panels.

b. Department-Issued Safety Equipment, which shall be returned upon separation from City service or transfer out of the department:

• .40 Caliber Semi-Automatic Handgun (shall be registered to the City)
• ASP Baton
• Holster
• Digital Recorder
• Handcuffs, handcuff keys
• Cellular telephone

209. The City shall establish a $6,000.00 annual training fund to be used to provide training to employees covered by this Agreement that is relevant to the job of District Attorney Investigator.  All such trainings must be approved in advance by the District Attorney and costs will be reimbursed according to the Controller's reimbursement guidelines.  Once the $6,000.00 cap has been reached, no further funds will be made available.

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IV.B. PAPERLESS PAY POLICY

DIRECT DEPOSIT OF PAYMENTS

210. The Citywide “Paperless Pay” Policy applies to all City employees covered under this agreement.

211. Under the policy, all employees shall be able to access their pay advices electronically on a password protected site, and print them in a confidential manner, using City Internet, computers and printers.  Such use of City equipment shall be free of charge to employees, is expressly authorized under this section of the Agreement, and shall not be considered “inappropriate use” under any City policy.  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.

212. In addition to payroll information already provided, the pay advices shall reflect usage and balance (broken out for vacation, sick leave, etc.) the employee’s hours of compensatory time, overtime, and premiums earned during the relevant payroll period.  The City shall maintain electronic pay advices and/or wage statements for at least seven (7) years.

213. Under the policy, all employees will have two options for receiving pay: direct deposit or pay card.  Employees not signing up for either option will be defaulted into pay cards.    

214. Every employee shall possess the right to do the following with any frequency and without incurring any cost to the employee:

1. Change the account into which the direct deposit is made;
2. Switch from the direct deposit option to the pay card option, or vice versa;
3. Obtain a new pay card the first time the employee’s pay card is lost, stolen or misplaced;

215. The City assures that the pay card shall be FDIC insured.  The City further assures that in the event of an alleged overpayment by the City to the employee, the City shall not unilaterally reverse a payment to the direct deposit account or pay card.

216. The City will work with the vendor to evaluate options to provide no-cost ATMs available at large worksites and remote worksites.

217. The parties mutually agree that employees may print out pay advices during work hours.

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IV.C. TELECOMMUTE

218. An employee who meets the Telecommuting Program eligibility criteria and guidelines may apply to participate in the Telecommuting Program.  As described more fully in the Telecommuting Program materials, telecommuting is a cooperative arrangement subject to the telecommuting appeal process.  Either a telecommuting employee or the City may end a telecommuting arrangement at any time, however, telecommuting arrangements will not be denied or ended for an arbitrary or capricious reason.  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 Human Resources Director, whose decision shall be final and binding.  Neither the Telecommuting Program nor this Section are subject to the grievance and arbitration procedure of this Agreement.

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ARTICLE V – SCOPE

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V.A. SCOPE OF AGREEMENT

219. This Agreement sets forth the full and entire understanding of the parties regarding the matters herein.  This agreement may be modified, but only in writing, upon the mutual consent of the parties.

220. In the event the City seeks to institute any change in methods or operations within the scope of representation, which it believes is not covered by this Agreement, the City shall so notify the Association and shall meet and confer with the Association pursuant to the provisions of the Meyers-Milias-Brown Act prior to instituting such change.

221. The City agrees to meet with the Association, upon the Association’s request, after the new District Attorney has taken office to discuss work schedules, including the Association’s request to have paid meal breaks.

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V.B. DURATION OF AGREEMENT

222. The term of this Agreement shall be from July 1, 2024 through and inclusive of June 30, 2027, with no reopeners.

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V.C. SAVINGS CLAUSE

223. Should a court or administrative agency of competent jurisdiction 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.

IN WITNESS WHEREOF, the parties hereto have executed this Agreement.

FOR THE CITY

• Carol Isen, Human Resources Director
  Date: 5/14/24
• Ardis Graham, Employee Relations Director
  Date: 5/14/24

FOR THE ASSOCIATION

• John A. Lenny , President, San Francisco District Attorney Investigators Association
  Date: 5/13/24

APPROVED AS TO FORM DAVID CHIU, CITY ATTORNEY

• Jonathan Rolnick, Chief Labor Attorney    
  Date: 5/14/24  

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ATTACHMENT A - Compensation Grades

For current rates of pay, please refer to the City and County of San Francisco’s Classification & Compensation database.
 

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APPENDIX A: ASSOCIATION ACCESS TO NEW EMPLOYEES PROGRAM

I. Purpose

The purpose of this agreement is to memorialize the rights and obligations of the City and the Association in accordance with CA Government Code Sections 3555-3559, through the creation of a single, City-wide Association 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 Association 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 Association 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.

C. Notice

1. Single Point of Contact: The Association agrees to provide the City with a single point of contact (hereinafter, Association NEO Coordinator) and the City agrees to provide the Association with a single point of contact for each Department (hereinafter, Departmental NEO Coordinator), which will be updated by the City and the Association 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 Association 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 Association NEO Coordinator. This requirement shall apply to all NEOs in which City personnel provide newly-hired employees with information regarding employment status, rights, benefits, duties, responsibilities, or any other employment-related matters.

3. Notice of Enrollment: Notice shall include a list of new employees represented by the Association 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 Association 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 Association 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 Association 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 Association shall be afforded thirty (30) minutes to meet with represented new employees who are present, unless the Association’s Memorandum of Understanding (MOU) provides for more than thirty (30) minutes. The right of the Association to meet with newly-hired employees is limited to only those employees whose classifications fall within the Association’s bargaining unit. The City shall ensure privacy for the Association’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 Association presentations on the agenda. The Association’s presentation shall occur prior to any meal break, and will not be conducted during a scheduled break time. One (1) of the Association’s representatives may be an Association member designated by the Association. 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 Association may request release of a Association 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 Association agrees to limit its presentation to only those matters stated in Section H., below.

F. Alternate Procedures:  In the event the Association identifies one or more new employees who did not attend the Association’s presentation as described in Section E., above, the Association may contact the Departmental NEO coordinator to schedule a mutually-agreeable fifteen (15) minute time slot for the Association 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 Association 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 Association’s representatives may be a Association member designated by the Association, 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 Association may request release of a Association 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 Association 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 Association 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 Association 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 Association NEO Coordinator and the Departmental NEO Coordinator shall work together to find a mutually agreeable time within ten (10) business days of the Association’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 Association in lieu of attending a Citywide or Departmental NEO, a private meeting with the Association as provided for in Section F., above, or a Periodic Association Orientation as provided for in Section G., below.

G. Process for Periodic Association Orientations: By mutual agreement, the Association NEO Coordinator and the Departmental NEO Coordinator may schedule periodic thirty (30) minute Association orientations. Periodic Association orientations may be scheduled on an every-other-month, quarterly, or other basis.

The following Departments shall maintain existing Association 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 Association access to 311 Customer Service Agent Training.

H. Association Orientation Presentations: The Association agrees to limit its presentation to a general introduction to its organization, history, by-laws, and benefits of membership. The Association agrees 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 Association membership.

III. Data Provisions

Subject to the limitations contained in CA Government Code Section 3558, the City shall provide the Association 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 Association 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 Association agrees to hold the City harmless for any disputes that arise between the Association and any new employee over application of this Agreement.

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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

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ATTACHMENT B

• Airport
• Department of Emergency Management     
• Department of Public Health      
• Human Services Agency
• Municipal Transportation Agency
• Police Department (Non-Sworn)
• Public Utilities Commission     
• Recreation & Parks Department 
• San Francisco Public Works        

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