Municipal Attorneys' Association (July 1, 2024 to June 30, 2027)

Municipal Attorneys' Association (2024-2027)

Preamble
Article I. Representation
Article II - Employment Conditions
Article III - Pay, Hours, and Benefits
Article IV - Working Conditions
Article V - Scope
Appendix A: Union Access to New Employees Program
Final Mediator's Proposal Dated March 22, 2024 for the County & City of San Francisco and the PEC

Sections

Preamble
Article I. Representation
Article II - Employment Conditions
Article III - Pay, Hours, and Benefits
Article IV - Working Conditions
Article V - Scope
Appendix A: Union Access to New Employees Program
Final Mediator's Proposal Dated March 22, 2024 for the County & City of San Francisco and the PEC

Preamble

1. This Memorandum of Understanding(hereinafter “MOU”) is entered into by and between the City and County of San Francisco (hereinafter “City”) acting through its designated representatives and the Municipal Attorneys Association (hereinafter “MAA”). It is agreed that the delivery of municipal services in the most efficient, effective, ethical, professional and courteous manner is of paramount importance to the City and the represented attorneys. Such purpose is recognized to be a mutual obligation of the parties to this agreement within their respective roles and responsibilities. Nothing in this agreement shall be construed to require any represented attorney to violate the California Rules of Professional Conduct.

Article I. Representation

I.A. Recognition

2. The City acknowledges the MAA as the exclusive bargaining representative for all represented attorneys assigned to Bargaining Unit 31 in the following job codes:

8177 Attorney
8181 Assistant Chief Attorney I
8182 Head Attorney, Civil and Criminal
8183 Assistant Chief Attorney II
8190 Attorney, Tax Collector
8193 Chief Attorney I (Civil and Criminal)

3. Recognition shall only be extended to individual classes accreted to existing bargaining units covered by this MOU. Application of this provision shall not extend to bargaining units acquired through affiliations or service agreements.

4. During the term of the MOU, the MOU shall become applicable to any job code accreted to any existing bargaining unit for which MAA has been appropriately recognized as the exclusive representative.

5. The parties agree to meet no later than September of 2022 to evaluate the potential to split the Attorney classifications into Criminal and Civil classifications.

I.B. Intent

6. It is the intent of the parties signatory hereto that the provisions of this agreement shall become binding upon adoption or acceptance by the City and ratification by the Board of Supervisors and the general membership of MAA or upon a final decision rendered by an arbitration panel pursuant to the interest arbitration procedure under Charter Section A8.409.

7. The provisions of this MOU shall supersede and control over contrary or contradictory Charter provisions, ordinances, resolutions, rules or regulations of the City to the extent permissible by Charter Section A8.409.

I.C. Management Rights

8. Unless specifically in conflict with the MOU, all management rights shall remain vested exclusively with the City. City management rights include but are not limited to:

9. a. The right to determine the mission of its agencies, departments, institutions, boards and commissions;

10. b. The right of full and exclusive control of the management of the City; supervision of all operations; determinations of methods, means, location and assignments of performing all work; and the composition, assignment, direction, location and determination of the size and mission of the work force;

11. c. The right to determine the work to be done by employees, including establishment of service levels, appropriate staffing and the allocation of funds for any position(s) within the City;

12. d. The right to review and inspect, without notice, all City-owned facilities, including without limitation desktop computers, work areas and desks, email, computer storage drives, voicemail systems and filing cabinets and systems;

13. e. The right to change or introduce different, new or improved operations, technologies, methods or means regarding any City work, and to contract out for work consistent with the civil service rules and/or the Charter;

14. f. The right to establish and modify qualifications for employment, including the content of any job classification, job description or job announcement, and to determine whether minimum qualifications are met;

15. g. The right to establish and enforce employee performance standards;

16. h. The right to schedule and assign work, make reassignments and assign overtime work.

17. i. The right to hire, fire, promote, discipline, reassign, transfer, release, layoff, terminate, demote, suspend or reduce in step or grade, all employees;

18. j. The right to establish and modify bargaining units subject to applicable law;

19. k. The right to inquire and investigate regarding complaints or concerns about employee performance deficiencies or misconduct of any sort, including the right to require represented attorneys to appear, respond truthfully and cooperate in good faith regarding any City investigation; and

20. l. The right to maintain order, effective and efficient operations.

I.D. Union Security

1. Authorization for Payroll Deductions

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

22. b. The City shall deduct Contributions from a represented employee’s pay upon submission by the Union of a request, in accordance with the Procedure. The Procedure shall include, and the Union must provide with each request, a certification by an authorized representative of the Union, confirming that for each employee for whom the Union has requested deduction of Contributions, the Union has and will maintain a voluntary written authorization signed by that employee authorizing the deduction. If the certification is not properly completed or submitted with the request, the City shall notify the Union, and make the requested deduction changes only upon receipt of a proper certification.

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

24. d. The City shall implement new, changed, or cancelled deductions the pay period following the receipt of a request from the Union, but only if the Union submits the request by noon on the last Friday of a pay period. If the Controller’s Office receives the request after that time, the City will implement the changes in two following pay periods.

25. e. If an employee asks the City to deduct Contributions, the City shall direct the employee to the Union to obtain the Union authorization form. The City will not maintain a City authorization form for such deductions. If a represented employee hand delivers the official Union form authorizing such deductions to the Controller’s Payroll Division, the City shall process the authorization and begin the deduction within thirty (30) days. The City will send the Union a copy of any authorization form that it receives directly from a represented employee.

26. f. Except as otherwise provided in this subsection 1, each pay period, the City shall remit Contributions to the Union, after deducting the fee under San Francisco Administrative Code Section 16.92. In addition, the City will make available to the Union a database that includes the following information for each represented employee: name; DSW number; classification; department; work location; work, home, and personal cellular telephone number; personal email address if on file with the City; home address; and any Contributions amount deducted.

27. 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 Union in accordance with the Procedure, or it receives an order from a court or administrative body directing the City to change or cancel the deductions for one or more employees.

28. h. With the exception of subsection (e) above, the Union is responsible for all decisions to initiate, change, and cancel deductions, and for all matters regarding an employee’s revocation of an authorization, and the City shall rely solely on information provided by the Union on such matters. The City shall direct all employee requests to change or cancel deductions, or to revoke an authorization for deductions, to the Union. The City shall not resolve disputes between the Union and represented employees about Union membership, the amount of Contributions, deductions, or revoking authorizations for deductions. The City shall not provide advice to employees about those matters, and shall direct employees with questions or concerns about those matters to the Union. The Union shall respond to such employee inquiries within no less than 10 business days.

2. Indemnification

29. The Union 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’sfees, legal costs, settlements, or judgments, arising from or related to the City’s compliance with this Section I.D. The Union 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 Union; (ii) the City shall provide any assistance that the Union may reasonably request for the defense of the claim; and (iii) the Union has the right to control the defense or settlement of the claim; provided, however, that the City shall have the right to participate in, but not control, any litigation for which indemnification is sought with counsel of its own choosing, at its own expense; and provided further that the Union may not settle or otherwise resolve any claim or action in a way that obligates the City in any manner, including but not limited to paying any amounts in settlement, taking or omitting to take any actions, agreeing to any policy change on the part of the City, or agreeing to any injunctive relief or consent decree being entered against the City, without the consent of the City. This duty to indemnify, hold harmless, and defend shall not apply to actions related to compliance with this Section I.E. brought by the Union against the City. This subsection 2 shall not apply to any claim against the City where the City failed to process a timely, properly completed request to change or cancel a Contributions deduction, as provided in subsection 1.

I.E. Official Representatives

30. MAA may select official representatives for purposes of meeting and conferring, and consulting with the City on matters within the scope of representation. Such representatives shall have the privileges and duties set forth in the Employee Relations Ordinance (Administrative Code -§16.219). For purposes of this section, the number of represented attorneys permitted paid work release under §16.219 shall be at least one person from each of the three major departments covered by this MOU (Offices of the District Attorney, Public Defender and City Attorney) and two other bargaining unit employees.

31. Official representatives shall have reasonable access to all work locations to verify that the terms and conditions of this agreement are being carried out and for the purpose of conferring with represented attorneys provided that such access shall be subject to such rules and regulations as may be agreed upon by the department and MAA.

32. In scheduling meetings, due consideration shall be given to the operating needs and work schedules of the department, division, or section in which the represented attorneys are employed and to the work schedule, including scheduled court appearances, of such represented attorneys.

I.F. Use of City Email

33. The City departments covered by this agreement agree to post through their e-mail systems Association notices of Association meetings and professional activities. The Association shall submit its proposed notice to the designated department representatives by e-mail twenty-four (24)hours in advance or by other written means forty-eight (48) hours in advance. Any such notice through the e-mail system shall be accompanied by a statement that the information conveyed thereby is being provided by the Association and that only the transmission is authorized by the department. Except as set forth above, City email shall not be used to conduct Association business.

I.G. Grievance Procedure

34. The following procedures are adopted by the parties to provide for the orderly and efficient disposition of grievances and are the sole and exclusive internal procedures for resolving grievances as defined herein.

35. A grievance shall be defined as any dispute which involves the interpretation or application of this agreement or relating to working conditions arising out of this agreement. A grievance may be filed by a represented attorney, a group of represented attorneys, or MAA.

36. All grievances shall include the following:

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 Union believes has been violated; and

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

37. The City will return any grievance that does not include the information specified above. Within fifteen (15) days of the Union receiving a referenced grievance, the Union may resubmit a new grievance with the corrected information, with all dates and other provisions triggered off the new submission date.

38. Time Limits. The time limits set forth herein may be extended by agreement of the parties. Any such extension must be confirmed in writing. For purposes of calculation of time a "day" is defined as a "calendar day," including weekends and holidays. Failure by the represented attorney or MAA to follow the time limits, unless mutually extended, shall cause the grievance to be withdrawn. Failure of the City to follow the time limits, unless mutually extended, shall serve to move the grievance to the next step. Any time limit set forth in this section that expires on a weekend or a holiday shall expire instead on the following business day.

Steps of the Procedure

39. 1. Except as set forth below, all grievances must be initiated at Step 1 of the grievance procedure.

40. A grievance affecting more than one represented attorney shall be filed with the Appointing Officer. Grievances affecting more than one department shall be filed with the Employee Relations Division. MAA may request the Appointing Officer to file other grievances initially at Step 2 (with the Appointing Officer or the Appointing Officer’s designee), and such requests shall not be unreasonably denied.

41. In the event the City disagrees with the level at which the grievance is filed, it may submit the matter to the step it believes is appropriate for consideration of the dispute.

42. 2. A represented attorney having a grievance may first discuss it with the represented attorney's immediate supervisor and try to work out a satisfactory solution in an informal manner with the supervisor. The represented attorney may have a representative at this discussion.

43. 3. Step 1. If a solution to the grievance, satisfactory to the represented attorney and the immediate supervisor is not accomplished by informal discussion, the grievant may pursue the grievance further.

44. The represented attorney and/or the attorney’s representative shall submit a written statement of the grievance to the immediate supervisor within thirty (30) days of the facts or event giving rise to the grievance or the date the represented attorney or MAA should have known of the occurrence thereof except for cases alleging sexual harassment, in which case the time limit herein shall be four (4) months.

45. The immediate supervisor will make every effort to arrive at a prompt resolution by investigating the issue. The immediate supervisor shall respond within seven (7) calendar days.

46. 4. Step 2. If the grievance is not satisfactorily resolved at Step 1, the grievance shall be submitted in writing, containing a specific description of the basis for the claim and the resolution desired, and submitted to the department head or the department head’s designee within fourteen (14) calendar days of receipt of the Step 1 response. The parties may meet. In any event, the department head/designee shall, within fourteen (14) calendar days of receipt of the written grievance, respond, in writing, to the grievant and MAA, specifying the department head/designee’s reason(s) for concurring with or denying the grievance. The Step 2 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.

47. 5. Step 3. If the decision of the department head/designee is unsatisfactory, the grievant and/or MAA representative may, within fourteen (14) calendar days after receipt of such decision, submit the grievance in writing to the Employee Relations Director. The Step 3 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 3 grievance shall contain 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 additional evidence to support the submission at Step 3.

48. The Director shall have fifteen (15) calendar days after receipt of the written grievance in which to review and seek resolution of the grievance and respond in writing.

49. 6. Step 4. Should there be no satisfactory resolution at Step 3, MAA has the right to submit the grievance to final and binding arbitration, by notifying the Director of Employee Relations, in writing, within twenty (20) calendar days of receipt of the Step 3 response by submitting a request for arbitration to the ERD Director. The ERD Director shall issue a letter referring the Union to the City Attorney’s Office. The Union shall contact the City Attorney’s Office by letter, copied to the Employee Relations Director, via US mail, within thirty (30) calendar days of the date of the ERD Director’s letter referring the Union to the City Attorney’s Office. If the Union fails tocontact the CityAttorney’s Officewithin thirty(30)calendar days of that letter, the grievance is deemed withdrawn.

Selection of the Arbitrator

50. When a matter is appealed to arbitration, the parties shall first attempt to mutually agree upon an Arbitrator to hear the matter. In the event no agreement is reached within fourteen (14) calendar days, or any extension of time mutually agreed upon, the parties shall request that the State Mediation and Conciliation Service (“SMCS”) or the American Arbitration Association (“AAA”) provide the parties withalist of seven (7) potential arbitrators, provided, that if any party fails to join in a mutual request to the SMCS or AAA to provide a list of potential Arbitrators within ten (10) calendar days after a written request to do so, then the remaining party or parties may make the request. The parties, by lot, shall alternately strike names from the list, and the name that remains shall be the arbitrator designated to hear the particular matter. If a party refuses to respond within a reasonable time (not to exceed thirty (30) calendar days) after receiving a written request by any other party to participate in striking names from the list as provided herein, then the remaining party of parties may pursue all appropriate remedies to obtain selection of the Arbitrator.

51. The parties may, by mutual agreement, agree to an alternate method of arbitrator selection and appointment, including, the expedited appointment of an arbitrator from a list provided by the SMCS or AAA.

52. Authority and Duty of the Arbitrator. The arbitrator shall have no authority to add to, subtract from, or modify the terms of this agreement. The decision of the arbitrator shall be final and binding on all parties.

53. Fees and Expenses of the Arbitrator. 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. The fees and expenses of the arbitrator and court reporter, if any, shall be shared equally by the parties. Each party shall bear its own expenses in connection with the arbitration.

54. Hearing Dates and Date of Award. Hearings shall be scheduled within forty-five (45) calendar days of selection of an arbitrator. Awards shall be due within forty-five (45) calendar days following the receipt of closing arguments or briefs. As a condition of appointment to the Standing Arbitration Panel, arbitrators shall be advised of this requirement and shall certify their willingness to abide by these limits.

55. In no event shall a grievance include a claim of money 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. Further, an arbitrator shall not award interest on any monetary relief.

56. Individuals who may have direct knowledge of the circumstances relating to the grievance may be called to testify at the request of either party at the hearing. In the case of employees of the City, they shall be compensated at an appropriate rate of pay.

Article II - Employment Conditions

II.A. Non-Discrimination

57. The City and the Union agree that discriminating against or harassing employees, applicants, or persons providing services to the City by contract because of their actual or perceived race, color, creed, religion, sex/gender, national origin, ancestry, physical disability, mental disability, medical condition (associated with cancer, a history of cancer, or genetic characteristics), HIV/AIDS status, genetic information, marital status, age, political affiliation or opinion, gender identity, gender expression, sexual orientation, military or veteran status, or other protected category under the law, is prohibited. 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.

II.B. Personnel Files

58. A represented attorney shall have the opportunity to review, sign and date any and all material to be included in the represented attorney's personnel file except routine matters chronicling job and pay changes.

59. A represented attorney may also attach a response to such materials within thirty (30) days of receipt. Any report or other document in a represented attorney’s personnel file shall be signed and dated by the author. A represented attorney shall be provided a copy of any such report or other document at the time it is placed in the represented attorney’s personnel file. The City may transmit documents to the represented attorney at the represented attorney's last known address by means of U.S. Mail or hand delivery, except disciplinary notification, which must be sent by certified mail when the represented attorney is on leave.

60. With the approval of the represented attorney’s Appointing Officer or designees, the represented attorney may include material relevant to the represented attorney’s performance of assigned duties in the file. 61. Thereshallbeone(1)official personnel file. Supervisors’ informal notes and records relating to their supervisory responsibilities shall not be maintained any longer than necessary for supervision and evaluation purposes. After such time, such notes and records shall either (1) be made a part of the official personnel file and subject to the above procedures, or (2) destroyed, subject to applicable law.

II.C. No Lockout-No Strike

62. During the term of this agreement, the City will not lock out represented attorneys who are covered by this MOU. Members of the bargaining unit shall not engage in any strike, work stoppage, slowdown or sympathy strike during the term of this MOU, nor shall MAA encourage or condone any such activity by members of the bargaining unit.

II.D. Fingerprinting

63. The City shall bear the full cost of fingerprinting whenever such is required of the represented attorney.

II.E. Americans with Disabilities Act

64. The parties agree that they are required to provide reasonable accommodations for persons with disabilities in order to comply with the provisions of federal, state and local disability anti-discrimination statutes and the Fair Employment and Housing Act. The parties further agree that this agreement shall be interpreted, administered and applied so as to respect the legal rights of the parties. The City reserves the right to take any action necessary to comply therewith.

II.F. Right to Privacy

65. The unique role and obligations of attorneys covered by this agreement includes the maintenance of appropriate confidential relationships and communications. Recognizing these elements, the City shall not access the private work areas of attorneys absent (a) reasonable cause, as defined by relevant case law, suggesting misconduct or unlawful activity, or (b) a legitimate business need. No other provision of this agreement shall modify or supersede this paragraph.

II.G. Reimbursement of Mileage and Other Expenses

66. Represented attorneys using their own vehicles for City business shall be reimbursed for mileage as fixed by the Controller in accordance with IRS rules and for all necessary parking and toll expenses within sixty (60) days from submission of expense receipts to the Controller.

67. A represented attorney who travels on a public carrier (including without limitation MUNI or BART) on City business shall be reimbursed for such travel within sixty (60) days from submission of expense receipts to the Controller.

68. Represented attorneys required by their respective department heads to attend any meeting (related to City business) at which a meal is served shall be reimbursed for the cost of the meal within sixty (60) days from submission of expense receipts to the Controller.

69. Represented attorneys required by their respective department heads to travel overnight on City business shall be reimbursed for reasonable and actual expenses incurred within sixty (60)days upon submission of expense receipts to the Controller.

70. Advances or partial advances for travel expenses may be provided to represented attorneys with the approval of a department head and the Controller. In order to receive advance approval of travel expenses, employees must submit estimates of travel expenses in advance of such travel. Employees who submit expense estimates in advance of such travel shall receive advance notification of whether the estimated expenses are approved. 71. Professional expenses covered by Section III.S. of this MOU are not covered by this Section (II.G.).

II.H. Indemnification and Defense of City Employees

72. The City shall defend and indemnify a represented attorney against any claim or action against the represented attorney on account of an act or omission in the scope of the represented attorney's employment with the City, in accord with, and subject to, the provisions of California Government Code Sections 825 et seq. and 995 et seq. The City shall also indemnify a represented attorney for any monetary sanction imposed by any state or federal court in the course of employment, except as otherwise specifically ordered by the court, or due to the attorney’s negligence, malfeasance or unprofessional conduct.

II.I. Severance Pay

73. The City agrees that when removing or releasing a represented attorney from employment, the Appointing Officer will endeavor to inform the attorney at least thirty (30) calendar days before the attorney’s final day of work. Where the Appointing Officer fails or declines to inform the attorney a full thirty (30) calendar days in advance, the attorney shall receive pay in lieu of the number of days less than thirty (30) upon which the attorney was informed.

74. Due to the unique job responsibilities of the attorneys and the attorneys’ status in the City as exempt from civil service selection, appointment and removal procedures (as provided by the Charter), the City and MAA agree to the following: In addition to the notice or pay in lieu thereof provided above, a represented attorney in an attorney job code who is removed or released from City service by the Appointing Officer shall receive the following severance benefit in exchange for a general release, in a form acceptable to the City, signed by the represented attorney and MAA, of any and all claims that the attorney may have against the City (including any officer or employee thereof).

75. This release shall include a waiver of any rights 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. The release shall exclude the right to grieve the proper amount of notice or severance pay due under this Section II.I.

76. In order to receive severance pay, an eligible employee or MAA must notify the Appointing Officer orthe Appointing Officer’s designeethat the employeeiselectingto receiveseverance pay within thirty (30) days of notification of involuntary release or removal from employment.

77. The decision to accept severance pay in exchange for a general release is entirely voluntary. Employees are free to reject severance pay (and not provide a release) in order to pursue other lawful remedies.

78. Severance benefits are as follows:

1-4 years completed: 4 weeks’ pay severance
5 years completed: 5 weeks’ pay severance
6 years completed: 6 weeks’ pay severance
7 years completed: 7 weeks’ pay severance
8 years completed: 8 weeks’ pay severance
9 years completed: 9 weeks’ pay severance
10 years completed: 10 weeks’ pay severance
11 years completed: 11 weeks’ pay severance
12 years completed: 12 weeks’ pay severance
13 years completed: 13 weeks’ pay severance
14 years completed: 14 weeks’ pay severance
15 years completed: 15 weeks’ pay severance
16 years completed: 16 weeks’ pay severance
17 years completed: 17 weeks’ pay severance
18 years completed: 18 weeks’ pay severance
19 years completed: 19 weeks’ pay severance

79. For attorneys with twenty or more years of City service, the severance benefit shall increase to two weeks’ payfor each year of City service over ten years.

Example of calculation:
A represented attorney has 24 years of service at the time of separation.
1 to 10 years=10 weeks
10 to 24 years= 28 weeks
Total Severance= 38 weeks

80. For the purposes of this provision, service means paid service with a break of no more than three years in employment.

Example: An attorney has 16 years of service and leaves City employment for 4 years. When the attorney returns, the attorney begins to accrue severance at year one level.

If a represented employee is separated and receives a severance payment and subsequently returns to service, the employee’s service prior to the first separation shall not be used to calculate any subsequent severance payments.

81. The City shall supply a draft of the release described in paragraph 74 within twenty (20) days ofan attorney’s separation from Cityservice. Severance payments shall be made within thirty (30)days of the City receiving a fully executed release pursuant to this MOU.

82. Assistant Chief Attorney I [8181]; Assistant Chief Attorney II [8183]; Chief Attorney I [8193]. Represented attorneys in job codes 8181, 8183, or 8193 may be reappointed to job code 8182. If the Appointing Officer proposes to reappoint an attorney in job code 8181, 8183, or 8193 to a job code below 8182, the attorney may either accept the reappointment or treat the proposal as a release from service and receive severance pay.

83. Head Attorney [8182]. Any represented attorney in job code 8182 for two or more years in that job code who is reappointed by the Appointing Officer to a lower job code shall retain their 8182 salary. If the attorney does not accept the new job code, the attorney may treat the proposal as a release from service and receive severance pay.

84. If a represented attorney began employment in job code 8182 and was subsequently promoted to job code 8181, 8183 or 8193, any time served in codes 8181, 8183 or 8193 shall be included in calculating the two years required in job code 8182 as referenced in paragraph 83 above.

85. Represented attorneys in job code 8182 may be reappointed to job code 8177. In such event, salary step placement shall be to the step in class 8177 closest to but not higher than the prior salary step placement in job code 8182. If the Appointing Officer reappoints an attorney currently in job code 8182 who has less than two years in that job code to the job code 8177, the attorney may either accept the reappointment or treat the proposal as a release from service and receive severance pay.

86. The City is not required to pay severance if it terminates the represented attorney under the following procedure:

87. The represented attorney may be removed or discharged at a hearing by the appointing officer for gross misconduct by clear and convincing evidence on that allegation after being provided with written notice of the charges, copies of all documentation upon which the charges are based and after an opportunity to respond to the charges before the appointing officer or the designee.

88. Pending investigation of gross misconduct, the appointing officer may place the accused person on paid administrative leave. If, after 60 days of paid administrative leave, the investigation is found to have been delayed by an act of the accused (as determined by the arbitrator), the accused may be placed on unpaid administrative leave until the conclusion of the hearing before the appointing officer otherwise the accused shall be continued on paid administrative leave until the conclusion of the hearing.

89. When the appointing officer imposes discharge or removal the appointing officer shall, in writing, notify the person removed or discharged of the right to appeal the discharge or removal by mailing such statement to the employee’s last known address.

90. The employee shall have thirty days from the date of the mailing of the notice to file an appeal of the matter in writing with the appointing officer. Upon receipt of a timely appeal, the appeal shall be referred to a standing panel of arbitrators who will agree to hear and resolve such disputes within 60 days after submitting the matter to arbitration. If the parties cannot agree upon a standing panel, either side may request a list of 7 qualified arbitrators who are members of the National Academy of Arbitrators and who agree to the 60 day time limitation from the California State Mediation and Conciliation Service. If the parties are unable to agree mutually on the arbitrator, the parties shall alternately strike names until one remains on the list. The parties shall establish the order of first strike by lot.

91. If the employee is exonerated, the hearing officer shall order payment of salary to the employee for the period of unpaid administrative leave, reinstate the employee's rights under the severance provisions of the MOU, and the report of such period of discharge or removal for gross misconduct or unpaid administrative leave shall thereupon be expunged from the record of service of such employee.

Article III - Pay, Hours, and Benefits

III.A. Wages

92. Represented employees shall receive the following base wage increases:

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

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

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

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

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

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

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

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

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

Wage Adjustment

Effective July 1, 2024, represented employees shall receive a one-time, additional base wage adjustment of 0.25%.

93. All base wage calculations shall be rounded to the nearest whole dollar, bi weekly salary.

94. 8177, 8181, 8182, 8183 and 8190. Due to the high level of responsibility required of senior attorneys at the Trial Attorney (8177), Assistant Chief Attorney (8181), Head Attorney (8182), Assistant Chief Attorney 2 (8183), and Office of Tax Collector Attorney (8190) levels, represented attorneys who have five consecutive years of service at the sixteenth step of the 8177 job code or five consecutive years of service at the fifth step of the 8181, 8182, 8183, or 8190 job code shall receive a two percent (2%) wage increase. Attorneys serving at the aforementioned fifth step of the 8181, 8182, 8183 or 8190 job code on July 1, 2014, shall immediately be credited with time served at those steps for purposes of the wage increase set forth in this paragraph and, as of July 1, 2014, shall receive the wage increase. The City agrees that the wage increase provided in this paragraph is a part of covered gross pay and, accordingly, is an element of compensation counted toward a represented attorney’s retirement under SFERS. For the purposes of this section only, a represented attorney will be deemed to have five consecutive years of service at the sixteenth step of the 8177 or the fifth step of the 8181, 8182, 8183 or 8190 job code even if the represented attorney's service at the sixteenth or fifth step of such job code has been broken by a period of less than one year due to the represented attorney's service in another attorney job code in the City.

95. 1) Time served in another attorney job code resulting from the attorney’s promotion shall not be counted towards the five years of service required at either step sixteen of the 8177 job code or step five in the 8181, 8182, 8183 or 8190 job code.

96. 2) Time servedin another attorney job code resulting from the attorney’s demotion shall becounted towards the five years’ service required at step sixteen in job code8177 or step five in the 8181, 8182, 8183 or 8190 job code; however, the wage increase referenced in this section shall not take effect unless and until the attorney is returned within the one year period to their former 8177, 8181, 8182, 8183 or 8190 job code at step sixteen (8177) or step 5 (8181, 8182, 8183, or 8190).

97. All compensation adjustments in this MOU shall be rounded to the nearest whole dollar, bi weekly salary and shall commence at the start of the payroll period closest to the specified date. Represented attorney base wage rates are attached hereto.

III.B. Salary Step Plan and Salary Adjustments

98. Appointments to positions in the City and County service shall be at the entrance rate established for the position except as otherwise provided herein. Promotive Appointment in a Higher Class

99. A represented attorney following completion of six (6) months of continuous service, and who is appointed a position in a higher job code, deemed to be promotive shall have the attorney’s salary adjusted to that step in the promotive job code as follows:

100. 1. If the represented attorney is receiving a salary in the represented attorney’s present job code equal to or above the entrance step of the promotive job code, the represented attorney’s salary in the promotive job code shall be adjusted two steps in the compensation schedule over the salary received in the lower job code but not above the maximum of the salary range of the promotive job code.

101. 2. If the represented attorney is receiving a salary in the represented attorney’s present job code which is less than the entrance step of the salary range of the promotive job code, the represented attorney shall receive a salary step in the promotive job code which is closest to an adjustment of 7.5 % above the salary received in the job code from which promoted. The proper step shall be determined in the biweekly compensation schedule and shall not be above the maximum of the salary range of the promotive job code.

102. For the purpose of this section, appointment of a represented attorney as defined herein to a position in any job code the salary grade for which is higher than the salary grade of the represented attorney’s permanent job code shall be deemed promotive.

Non-Promotive Appointment

103. When a represented attorney accepts a non-promotive appointment in a job code having the same salary grade, or a lower salary grade, the represented attorney shall enter the new position at that salary step which is the same as that received in the prior appointment, or if the salary steps do not match, then the salary step which is immediately in excess of that received in the prior appointment, provided that such salary shall not exceed the maximum of the salary grade.

Appointment Above Entrance Rate

104. 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.

III.C. Seniority Increments

105. Entry at the First Step. Represented attorneys appointed on or after July 1, 2012, shall advance to the second step and to each successive step within the job code no later than upon completion of one (1) year required service within the job code. Further increments shall accrue no later than following completion of the required service at this step and at each successive step.

106. Entry at Other than the First Step. Represented attorneys who enter a job code at a rate of pay at other than the first step shall advance one step no later than upon completion of one (1) year of required service. Further increments shall accrue no later than following completion of the required service at this step and at each successive step.

107. An employee shall not receive a salary adjustment based upon service as herein provided if the employee has been absent by reason of suspension or on any type of leave without pay (excluding a military, educational, or industrial accident leave) for more than one-sixth of the required service in the anniversary year, provided that such employee shall receive a salary increment when the aggregate 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.

108. Date Increment Due. Increments shall accrue and become due and payable on the next day following completion of required service as specified above.

109. Reduction of Salary Steps Within a Job Code. A represented attorney’s placement on a salary grade within a job code may not be reduced.

III.D Lead Attorney Assignment Pay

110. The City may assign attorneys in the 8177 classification who have attained Step 10 or higher to serve as a Department-designated Lead Attorney.

111. Employees assigned as Lead Attorney shall receive a 5% premium in addition to the employee’s ordinary compensation for the duration of the assignment. To qualify for Lead Attorney Pay, the Lead Attorney assignment must be made in writing by the Appointing Authority and must specify the assignment for which the Lead Attorney assignment is being made as well as any limitations on the length of the assignment.

112. Lead Attorney assignments shall be limited to those assignments where the Department determines that the assignment requires additional skill, coordination, and oversight of other attorneys sufficient to justify the additional pay.

113. There shall be a maximum of ten (10) Lead Attorneys each in the Offices of District Attorney, Public Defender, and City Attorney. The Appointing Officer in these departments may decide to use fewer or none of these positions.

114. Lead Attorney assignments shall end whenever the underlying basis for the assignment ends. For example, upon resolution of the underlying case, changes to the nature of the assigned team or reassignment of the attorney receiving Lead Attorney pay. Lead Attorney Assignments/Pay will normally end after one (1) year, even if the underlying basis continues beyond the year. However, in unusual circumstances, the Appointing Authority may extend the Lead Attorney assignment beyond one (1) year. Such extension will be in writing and will specify the reason for and duration of the extension.

115. This provision is not subject to the grievance procedure.

III.E. Work Schedules

116. Benefit Accrual. For purposes of accrual of benefits, a regular biweekly pay period consists of eighty (80) hours.

117. Alternative Work Schedule. By mutual agreement, the City and MAA may enter into cost-equivalent alternate work schedules for some or all represented attorneys. Such alternate work schedules may include, but are not limited to, core hours, flex-time, full-time workweek of less than five (5) days, or a combination of features mutually agreeable to the parties. Such changes in work schedule shall not alter the basis for, nor entitlement to, receiving the same rights and privileges as those provided to represented attorneys on a five (5) day, forty (40) hour week schedule.

118. The Citywide Telecommuting Policy and Program (TPP), establishes specific conditions under which employees may perform their job-related duties remotely. The TPP can be found at www.sfdhr.org and is incorporated herein for reference purposes only.

119. As described in the TPP materials, telecommuting is permissible under an agreement between the employee and the Appointing Officer or designee, subject to the approval of the Appointing Officer. An employee who meets the eligibility criteria and program guidelines may apply to participate in the TPP for a maximum for two (2) days each week, coming to work in person three (3) days each week. Employees may telecommute more than two (2) days per week, subject to the approval of the Appointing Officer and the Human Resources Director.

120. Telecommuting arrangements will not be denied or ended for arbitrary or capricious reason(s). In the event a represented employee has a good faith belief that a telecommuting request is denied for an arbitrary or capricious reason, or that an existing telecommuting agreement was terminated for an arbitrary or capricious reason, the member may appeal the decision to the City’s Human Resources Director, whose decision shall be final and binding. Neither the TPP nor this Section III.E. are subject to the grievance and arbitration procedure of this Agreement.

121. Location of Remote Work Unless approved in writing by the Human Resources Director, employees are prohibited from working remotely outside of the State of California, except for incidental work at the request of the City or when the employee’s specific task requires working out of state, such as participation in training or a conference. All City employees are Disaster Service Workers under California law. In a declared emergency, employees approved for telecommuting must be able to physically report where directed within forty-eight (48) hours of a declared emergency.

122. Voluntary Reduced Workweek. Subject to the approval of the Appointing Officer, with written approval, represented attorneys may voluntarily elect to work a reduced workweek for a specified period of time. Such reduced workweek shall not be less than twenty (20) hours per week. Pay, vacation, holidays and sick pay shall be reduced in accordance with such reduced workweek. Subject to the approval of the Appointing Officer, represented attorneys working a reduced workweek may also elect to job share. At the request of MAA, an Appointing Officer shall meet to discuss the role of reduced work schedules in their department.

123. Mandatory Time Off. There shall be no mandatory unpaid administrative leave (furlough) of any duration for represented attorneys.

124. Standby – District Attorney’s, Public Defender’s and Department of Police Accountability Offices

a. Represented attorneys may be assigned to serve on a standby list established at the discretion of the District Attorney, or at the discretion of the Department of Police Accountability (“DPA”), in order to consult or respond regarding Officer Involved Shootings/In-Custody Deaths, Search Warrant Review or Homicides (collectively referred to as “StandbyDuty”). Attorneys on such astandbylist mustbeon call and available outside of regular business hours, ready to report for duty, and shall be subject to any rules or regulations established by the District Attorney or DPA.

b. Such assigned attorneys on Standby Duty in the Office of the District Attorney or DPA shall receive $500 per week of Standby Duty. There are four attorney positions in the Office of the District Attorney, and one attorney position in DPA, eligible for standby in any week.

c. For the Office of the Public Defender (PDR), the following assignments are designated for standby: juvenile interrogations. Attorneys assigned to this standby list must be on call and available outside of regular business hours, ready to report for duty, and shall be subject to any rules or regulations established by the PDR.

d. Such designated attorneys on Standby Duty in PDR shall receive $500 per week of Standby Duty. There is one attorney position in PDR eligible for standby in any week.

e. The failure of an attorney to respond while on Standby Duty may result in disciplinary action, or disqualification from being on a standby list.

III.F. Holidays

125. The following days listed herein are declared to be holidays for bargaining unit members:

New Year’s Day (January1st)
Martin Luther King, Jr.’s Birthday (3rd Monday in January)
President’s Day (3rd Monday in February)
Memorial Day (last Monday in May)
June 19 (Juneteenth)
Independence Day (July 4th)
Labor Day (1st Monday in September)
Indigenous Peoples Day, Italian American Heritage Day (2nd Monday in October)
Veteran’s Day(November 11th)
Thanksgiving Day
Day after Thanksgiving
Christmas Day (December 25th)

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

127. The City shall accommodate religious belief or observance by allowing use of either a floating holiday, in-lieu holiday, vacation or personal leave.

128. Five (5) additional floating days off to be taken on days selected by the represented attorney subject to prior scheduling approval of the Appointing Officer. Represented attorneys hired on an as-needed part-time of less than twenty (20) hours, intermittent or seasonal basis shall not receive the additional floating days off. Floating holidays received in one fiscal year but not used shall be carried forward to the succeeding fiscal year. The number of floating holidays carried forward to a succeeding fiscal year may not exceed the total number of floating holidays received in the previous fiscal year, and at no time shall employees be able to accumulate more than 80 hours of floating holidays. No compensation of any kind shall be earned or granted for floating days off not taken.

129. Represented attorneys who have established initial eligibility for floating days off and 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 represented attorney was eligible and had not yet taken off.

130. 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 shall be a holiday.

131. For those represented attorneys assigned to a workweek of Monday through Friday, and in the event a legal holiday falls on a 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 the preceding Friday so that said public offices may serve the public as provided in Section 16.4 of the Administrative Code. Those represented attorneys 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 mutual agreement with the Appointing Officer in the current or next fiscal year. The City shall provide one week’s advance notice to represented attorneys scheduled to work on the observed holiday, except in cases of unforeseen operational needs.

Part-time Represented Attorneys Eligible for Holidays

132. Part-time represented attorneys who regularly work a minimum of twenty (20) hours in a biweekly pay period, and are on paid status both immediately preceding and immediately following the legal holiday, shall be entitled to holiday pay on a proportionate basis.

133. Regular full-time represented attorneys who are on paid status both immediately preceding and immediately following the legal holiday are entitled to eight-eightieths (8/80) or one-tenth (1/10) time off when a holiday falls in a biweekly pay period. Therefore, part-time represented attorneys, as defined in the immediately preceding paragraph, shall receive a holiday based upon the ration of one-tenth (1/10) of the total number of hours the employee is regularly scheduled to work in a biweekly pay period. The computation of holiday time off shall be rounded to the nearest hour.

134. The proportionate amount of holiday time 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 represented attorney and the appropriate employer representative.

Holidays for Represented Attorneys on Work Schedules Other Than Monday Through Friday

135. Represented attorneys assigned to seven (7) day operation departments or represented attorneys working a five (5) day workweek other than Monday through Friday shall be allowed another day off if a holiday falls on one of their regular scheduled days off.

136. Represented attorneys required to work on a holiday which falls on a Saturday or Sunday shall receive holiday compensation for work that day. Holiday compensation shall not then be additionally paid for work on the Friday preceding a Saturday holiday, nor on the Monday following a Sunday holiday. This section shall apply to eligible part-time represented attorneys on a pro-rata basis.

137. If the provisions of this section deprive a represented attorney of the same number of holidays that a represented attorney receives who works Monday through Friday, the represented attorney shall be granted additional days off to equal such number of holidays. The designation of such days off shall be by mutual agreement of the represented attorney and the appropriate employer representative. Such days off must be taken within the current or next fiscal year. In no event shall the provisions of this section result in such represented attorney receiving more or less holidays than a represented attorney on a Monday through Friday work schedule.

In-Lieu Holidays

138. Requests for in-lieu holidays shall be made to the appropriate management representative within thirty (30) days after the holiday is earned and must be taken within the current or next fiscal year.

139. In-lieu days will be assigned by the Appointing Officer or designee if not scheduled in accordance with the procedures described herein.

140. Accrued but unused in-lieu holidays automatically carry over into the next fiscal year but must be used in that fiscal year.

III.G. Sick Leave

141. Sick leave shall be administered in accordance with Civil Service Commission Rule 120, except as amended in this agreement. The definitional portions of CSC Rule 120 within the exclusive jurisdiction of the Civil Service Commission are not subject to grievance or arbitration under this MOU.

142. Verification of sick leave may be required on an individual basis only upon evaluation of the individual attendance record of the represented attorney. No verification shall be required unless the Appointing Officer has previously notified the represented attorney that verification would be required.

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

144. Payment of Vested Sick Leave Accrual. For a represented attorney who is otherwise entitled to vested sick leave, payment of such a represented attorney’s vested but unused sick leave shall be provided to the represented attorney at the same time as the represented attorney’s final pay check. This section shall not create a right to accrue or receive vested sick leave where a represented attorney is not otherwise entitled to payment of vested sick leave under applicable rules and laws.

III.H. Authorized of Transfer of Sick Leave and/or Vacation Credits

145. Represented attorneys of the City and County of San Francisco may individually transfer their vested vacation allowance credits and sick leave credits to other represented attorneys of the City and County of San Francisco who have been determined to be catastrophically ill by their Department Head, in accord with the definition of catastrophic illness to be provided by the Health Commission, and who have exhausted their vacation allowance, sick leave and compensatory time off, provided that such transfer may be made only in compliance with the terms and conditions adopted by ordinance of the Board of Supervisors.

III.I. Administrative Leave

146. Attorneys are required to work the days and hours necessary to perform the job duties of their positions and shall schedule their time accordingly. Attorneys shall receive five (5) days of paid administrative leave per year, upon hire and every July 1 thereafter. Up to five (5) days of unused administrative leave shall be carried over into subsequent years. Administrative leave may only be taken in paid time off and cannot be “cashed out.”

III.J. Forms of Leave Other than Sick Leave

147. Leaves of absence other than for sick leave will be administered in accordance with Civil Service Rule 120. The definitional portions of CSC Rule 120 within the exclusive jurisdiction of the Civil Service Commission are not subject to grievance or arbitration under this MOU.

148. In recognition of the stressful nature of the work of the members of this unit, a sabbatical program shall be established for the purpose of maintaining the physical and mental health of those individuals who have done this work for a substantial period of time. Bargaining unit employees may request unpaid sabbatical leave after seven years of employment and every three years thereafter. Approval of a request for sabbatical leave shall be in the discretion of the Appointing Officer. Such leave shall be designated as personal leave.

III.K. Vacation

149. Definitions. "Continuous service" for vacation purposes means paid service pursuant to a regular work schedule which is not interrupted by a breach in paid service.

150. Award and Accrual of Vacation. A represented attorney does not accrue vacation allowance in the first year of continuous service, however, at the end of one (1) year of continuous service, a represented attorney shall be awarded a vacation allowance computed at the rate of .0385 of an hour for each hour of paid service in the preceding year.

151. A represented attorney accrues a vacation allowance during the second through fifth year of continuous service at the rate of .0385 of an hour for each hour of paid service, however, at the end of five (5) years of continuous service, a represented attorney shall be awarded a one time vacation allowance computed at the rate of .01924 of an hour for each hour of paid service in the preceding year.

152. A represented attorney accrues a vacation allowance during the sixth through fifteenth years of continuous service at the rate of .05774 of an hour for each hour of paid service, however, at the end of fifteen (15) years of continuous service, a represented attorney shall be awarded a one-time vacation allowance computed at the rate of .01924 of an hour for each hour of paid service in the preceding year.

153. A represented attorney with fifteen years or more of continuous service accrues a vacation allowance at the rate of .07698 of an hour for each hour of paid service.

154. The maximum number of vacation hours a represented attorney may accrue is as follows:

Years of Continuous Service	Maximum Accrual
1 through 5 years	320 hours
more than 5 through 15 years	360 hours
more than 15 years	400 hours

155. Holidays During Vacation. If a holiday occurs during a represented attorney's vacation and the represented attorney would have been entitled to said day as a regular day off, such holiday shall not be considered a day of vacation chargeable to the represented attorney's vacation allowance.

156. Payment of Vacation Accrual. Payment of a represented attorney's accrued but unused vacation hours to a represented attorney separating from City service shall be provided to the represented attorney at the same time as the represented attorney's final paycheck.

III.L. Health Care Benefits

157. The level of the City’s contribution to health benefits will be set annually in accordance with the requirements of Charter Sections A8.423 and A8.428.

Dental

158. The City shall continue to provide the current level of dental coverage for each member and family dependents through the term of this agreement.

159. 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.

Health Coverage

160. The contribution model for employee health insurance premiums will be based on the City’s contribution of a percentage of those premiums and the employee’s payment of the balance (Percentage-Based Contribution Model), as described below:

1) Employee Only:

161. For medically single employees (Employee Only) who enroll in any health plan offered through the Health Services System, the City shall contribute ninety-three percent (93%) of the total health insurance premium, provided however, that the City’s contribution shall be capped at ninety-three percent (93%) of the Employee Only premium of the second-highest-cost plan.

2) Employee Plus One:

162. For employees with one dependent who elect to enroll in any health plan offered through the Health Services System, the City shall contribute ninety-three percent (93%) of the total health insurance premium, provided however, that the City’s contribution shall be capped at ninety-three percent (93%) of the Employee Plus One premium of the second-highest-cost plan.

3) Employee Plus Two or More:

163. For employees with two or more dependents who elect to enroll in any health plan offered through the Health Services System, the City shall contribute eighty-three percent (83%) of the total health insurance premium, provided however, that the City’s contribution shall be capped at eighty-three percent (83%) of the Employee Plus Two or More premium of the second-highest-cost plan.

4) Contribution Cap

164. In the event HSS eliminates access to the current highest cost plan for active employees, the City contribution under this agreement for the remaining two plans shall not be affected.

5) Average Contribution Amount

165. For purposes of this agreement, and any resulting agreements under paragraph 166 to ensure that all employees enrolled in health insurance through the City’sHealthServices 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 ContributionModel islessthanthe“averagecontribution,”as established under Charter section A8.428(b), then, in addition to the City’s contribution, payments toward the balance of the health insurance premium under the Percentage-Based Contribution Model shall be deemed to apply to the annual “average contribution.” The parties intend that the City’s contribution toward employee health insurance premiums will not exceed the amount established under the Percentage-Based Contribution Model.

b. Agreement Not to Renegotiate Contributions in 2014

166. The terms described in paragraphs 159 through 164 above will be effective in calendar year 2015, and the parties agree not to seek to modify this agreement through the term of any MOU entered into prior to, or in the spring of, 2014.

c. Other Terms Negotiable

167. While the parties have agreed in paragraph 165 not to negotiate any changes to the Percentage-Based Contribution Model, the parties are free to make economic proposals to address any alleged impact of the health contribution levels described above or other health related issues not involving the percentage-based contribution model (e.g. wellness and transparency).

d. Other Agreements

168. Should the City and any recognized bargaining unit reach a voluntarily bargained agreement that results in City contributions to health insurance premiums exceeding those provided by the Percentage-Based Contribution Model, the City agrees to offer the entire alternate model to the Union as a substitute.

169. Access to MEA Benefits. The City agrees to make available to MAA those benefits available to MEA members as part of the MEA’s Management Cafeteria Plan, if feasible and permissible; provided, however, that MAA understands that the benefits made available will not be a part of a cafeteria plan; participation must be cost neutral; and the benefits must be actually available outside a cafeteria plan. If necessary, the parties will meet mid-contract to discuss any issues concerning availability of benefits.

III.M. Retirement Board

170. 1. The Retirement Board shall process and pay retirement claims, except in cases beyond the Board’s control, in the following manner:

171. 2. Initial Month Retirement. Initial payment shall begin allowance within sixty (60) days after the first of the month following the date of requirement provided that the appropriate forms of the Retirement System have been submitted.

172. 3. Withdrawal of Contributions. A refund of contributions will be paid within six (6) weeks following submission of the appropriate forms of the Retirement System.

173. 4. Death Benefit. A death benefit will be paid within thirty (30) days from the filing of the appropriate forms of the Retirement System.

III.N. State Disability Insurance (SDI)

174. Upon certification by MAA to the Employee Relations Division that one or more representation units covered by this agreement desires to be enrolled in the State Disability Insurance Program, the Human Resources Director shall take any and all necessary action to enroll such representation units and all represented attorneys therein. Job codes accreted to existing bargaining units represented by MAA will not be enrolled in SDI unless MAA notifies ERD in writing. The cost of SDI will be paid by the represented attorney through payroll deduction at a rate established by the State of California Employment Development Department.

175. At the represented attorney’s option, the represented attorney’s accrued vacation and holiday will be integrated with SDI payments in the same manner as sick leave.

III.O. Long Term Disability Insurance

176. The City, at its own cost, shall provide to represented attorneys a Long Term Disability (LTD) benefit that provides, after a ninety (90) day elimination period, sixty-six and two-thirds percent salary (66 2/3%) (subject to integration) up to age sixty-five (65). The parties acknowledge that the City’s ordinances –which establish and administer the City’s Catastrophic Illness Program (“CIP”) – specify and control the criteria under which persons can participate in the CIP.

III.P. Life Insurance

177. The City shall provide life insurance in the amount of $150,000 to each member eligible to participate in the Health Service System under San Francisco Administrative Code Section 16.700.

III.Q. Dependent Care Flexible Spending Program (DCAP)

178. The City shall provide a DCAP program to MAA members. MAA and the City shall negotiate any beneficial changes to the program or any changes that may be necessary due to tax rule changes.

III.R. Professional Services Reimbursement

179. In light of the unique nature of work performed by the professionals represented by the MAA, each attorney in paid status shall receive quarterly payments as allowance for professional services expenses, in the amount of $475 per quarter, less all applicable federal, state and local withholding. These payments will be made at the end of each quarter.

180. In order to be eligible for the full amount, the represented attorney must be on the payroll during the quarter in which the payment is made.

181. This allowance is intended to cover all professional, job-related, expenditures, including but not limited to: a. Professional coursework where MCLE credits are obtained; b. Professional codes, legal compilations and treatises; c. Calendars and other professional items used in the course of work; and d. Membership fees or dues for attorney professional organizations of the member’s choosing.

182. This provision satisfies all obligations relating to represented attorneys’ professional business expenses, course tuition, etc. Additionally, the City shall bear the full cost of the California State Bar dues plus one Section Membership, or membership in a legal organization such as BASF, CDAA, CPDA, or other comparable organization (up to $250 per year) for each member. Departments may reimburse attorneys for additional professional expenses at the sole discretion of the appointing authority. All reimbursements for professional expenses, including trainings, must be consistent and comply with Administrative Code Chapter 12X.

183. The City may require attorneys to show proof of State Bar licensing and MCLE requirements.

184. Attorneys who work a part time schedule shall only be entitled to funds on a pro-rated basis. For example, a represented attorney working a half time schedule shall only be entitled to $237.50 per quarter under this provision.

III.S. Airport Employee Transit Pilot Program

185. The San Francisco International Airport will implement a pilot program, in which represented attorneys may voluntarily participate, to encourage employees to use mass transportation to commute to and from SFIA work locations. Under the Airport Employee Transit Pilot Program, the SFIA is authorized to provide incentives consistent with Internal Revenue Service Code 132(a)(5) for the purpose stated above. This pilot program will be evaluated 12 months after implementation to determine whether it shall be continued. The Union waives all meet-and.confer on this pilot program. This program is not subject to the grievance procedure.

III.T. Jury Duty

186. 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.

187. 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. An employee will not be scheduled for standby or on-call duty during a week when they are serving on jury duty.

188. 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.

189. 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.

Article IV - Working Conditions

IV.A. Health and Safety

190. The City shall provide, at its cost, Hepatitis B vaccine immunization and tuberculosis screening for represented attorneys whose health plans do not provide the benefit.

191. The parties agree that members of MAA shall be subject to the provisions and benefits of a Citywide Wellness Program, if any, agreed to by the City and the Public Employees Committee.

IV.B. Return to Work

192. The City will make a good faith effort to return represented attorneys who have sustained an injury or illness to temporary modified duty within the represented attorney's medical restrictions. Duties of the modified assignment may differ from the represented attorney's regular job duties and/or job duties regularly assigned to represented attorneys in the injured represented attorney's job code. Decisions regarding temporary modified duty shall be subject to approval of the Appointing Officer or designee. The decision to provide modified duty and/or the impact of such decisions shall not be subject to grievance or arbitration. Modified duty assignments may not exceed three (3) months. A represented attorney assigned to modified duty assignment shall receive their regular rate of pay. The parties acknowledge that Section II.E. shall govern requests under this MOU for reasonable accommodation under the Americans with Disabilities Act.

IV.C. Workers' Compensation

193. A represented attorney who is absent because of disability and who is receiving Temporary Disability, Vocational Rehabilitation Maintenance Allowance, or State Disability Insurance, may request that the amount of disability indemnity payment be supplemented with salary to be charged against the represented attorney's accumulated unused sick leave with pay credit balance at the time of disability, administrative time off, or vacation, so as to equal the normal salary the represented attorney would have earned for the regular work schedule. Such use of administrative time requires the represented attorney's Appointing Officer’s approval.

194. A represented attorney who wishes to supplement with administrative time, vacation or sick pay credits must submit a written request to the Appointing Officer or designee within fourteen (14) calendar days following the election of disability.

195. Represented attorney supplementation of workers’ compensation payment to equal the full salary the represented attorney would have earned for the regular work schedule in effect at the commencement of the workers’ compensation leave shall be drawn onlyfrom the represented attorney's paid leave credits including vacation, sick leave balance, or other paid leave as available. A represented attorney returning from disability leave will accrue sick leave at the regular rate and not an accelerated rate.

196. Salary may be paid on regular time-rolls and charged against the represented attorney's sick leave with pay during any period prior to the determination of eligibility for disability indemnity payment without requiring a signed option by the represented attorney.

197. Sick leave with pay, vacation, or administrative time credits shall be used to supplement disability indemnity pay at the minimum rate of one (1) hour units.

198. The parties agree, therefore, that this provision clarifies and supersedes conflicting provisions of the Civil Service Commission Rules which are bargainable and arbitrable pursuant to Charter §A8.409 et seq.

IV.D. Paperless Pay Policy

199. a. The Citywide “Paperless Pay” Policy applies to all City employees covered under this Agreement.

200. b. 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. 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.

201. c. 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.

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

203. Bank pay cards will not have fees payable by employees.

204. e. 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;

205. f. 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.

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

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

Article V - Scope

V.A. Meet and Confer Responsibility during the term of the MOU; Finally of Agreement

208. A. Except in cases of emergency as defined by Meyers-Milias-Brown Act or as otherwise provided in this MOU, the City shall give reasonable written notice to MAA of proposed changes directly relating to matters within the scope of representation as specified in Government Code Section 3504.5. MAA shall be provided with the opportunity to meet and confer with regard to any such proposed change should it desire to do so.

209. In cases of emergency as defined by MMBA, when the City determines that a proposed change as described herein must be adopted immediately without prior notice or meeting with MAA, the City shall provide such notice and opportunity to meet at the earliest practicable time following the adoption of such change.

210. Said notice shall state the proposed change, the date, if known, of the intended implementation of such proposed change, an explanation of the reason(s) for said change, as well as the anticipated effect on represented attorneys that would result.

211. B. If MAA does not respond within ten (10) working days from the date of receipt if hand-delivered or faxed, or in the event of mailing within fifteen (15) working days from the date of the mailing or written notification of a proposed change as described in paragraph A hereof, MAA shall be deemed to have waived its opportunity to meet and confer on the proposed change(s).

212. C. If MAA timely requests the opportunity to meet and confer as provided herein, the City agrees to meet and confer with MAA over such proposed change(s) within ten (10) days of receipt of such time 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(s).

213. D. This memorandum sets forth the full and entire understanding of the parties regarding the matters set forth herein. This memorandum may be modified, but only in writing, upon the mutual consent of the parties and ratification by the Board of Supervisors.

214. E. In the event the parties do not reach agreement upon any proposed change(s) as directed in paragraph A of this provision, MAA may grieve to the extent allowed by the Charter and/or the grievance procedure. The parties may agree to expedited arbitration. Disputes about whether a change made by the City violates the contract are grievable.

215. F. The Employee Relations Ordinance, Section 16.200 of the Administrative Code, shall not apply to the application of this Section.

216. G. Failure by either party to engage in meeting and conferring in accordance with this provision will result in forfeitureof suchparty’s rights under this section.

217. H. At least six months prior to the expiration of this MOU, the parties agree to meet and accomplish the following: (1) Establish ground rules for negotiations; and (2) Establish a reasonable schedule to permit good faith bargaining in advance of the Charter deadlines.

V.B. Savings Clause

218. Should any part hereof or any provisions herein be declared invalid by a court of competent jurisdiction, such invalidation of such part or portion of this agreement shall not invalidate the remaining portions hereof and the remaining portions hereof shall remain in full force and effect for the duration of the agreement.

V.C. Reopener

221. The Union has filed PERB Charge No. SF-CE-2157-M. If the PERB Board issues a decision on the merits on or before October 30, 2026, the MOU will reopen on the issue of job protections and the parties will proceed consistent with PERB’s decision. The Parties will bargain for a period of thirty (30) days and then will proceed to applicable impasse procedures pursuant to PERB’s order before Paul Roose within ninety (90) days of the PERB Decision. Nothing in this provision will preclude either party from pursuing a judicial appeal of PERB’s decision or a court order to stay or void any arbitration award under the Charter impasse resolution process.

V.D. Duration of Agreement

222. This Agreement shall be in effect from July 1, 2024 and shall remain in full force and effect through June 30, 2027.

IN WITNESS WHEREOF, the parties have executed this Agreement this 14th May 2024.

For the City and County:

Carol Isen, Human Resources Director
Ardis Graham, Employee Relations Director

For the Union:

Nathan Quigley, President, Municipal Attorneys Association
Matt Finnegan, Representative and Staff Attorney, Teams Local Union 856

Approved as to form:

David Chiu, City Attorney

Appendix A: Union Access to New Employees Program

I. Purpose

The purpose of this agreement is to memorialize the rights and obligations of the City and the Union in accordance with CA Government Code Sections 3555-3559, through the creation of a single, City.wide Union Access to New Employees Program applicable to all City Agencies and all City Employee Unions.

II. Notice and Access

A. The City shall provide the Union written notice of, and access to, new employee orientations (hereinafter NEOs) as set forth below. It is the City’s policy that NEOs are mandatory for all newly-hired employees. It is the City’s intent that NEOs take place as promptly as possible after the first day of employment. Within thirty (30) calendar days of the start of employment, newly-hired employees will be scheduled to attend the next available NEO. NEOs shall be scheduled during an employee’s regularly scheduled, paid time. In the event that a newly-hired employee’s regular schedule is outside of a scheduled NEO, the Department may make a one-time adjustment to the employee’s work schedule in order to accommodate this requirement.

In the event an employee does not attend the NEO that the employee was scheduled to attend, said employee will be automatically enrolled to attend the next available NEO. If the employee does not attend the subsequently scheduled NEO, the Union NEO Coordinator may contact the Departmental NEO coordinator to arrange a meeting with the employee pursuant to Section F., below.

B. Application: New employees include, but are not limited to, newly-hired employees whose positions are permanent, temporary, full-time, part-time, per diem, seasonal, provisional, or as-needed.

C. Notice

1. Single Point of Contact: The Union agrees to provide the City with a single point of contact (hereinafter, Union NEO Coordinator) and the City agrees to provide the Union with a single point of contact for each Department (hereinafter, Departmental NEO Coordinator), which will be updated by the City and the Union on an as-needed basis.

2. Notice of Schedule: For any NEO that takes place on a regular, recurring schedule, the sponsoring Department shall be responsible for providing annual notice to the Union. For NEOs that are not offered on a regular, recurring schedule, the sponsoring Department shall provide no less than ten (10) business days’ notice. Said notices shall be provided by email, to the Union NEO Coordinator. This requirement shall apply to all NEOs in 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 Union scheduled to attend the NEO. If practical, the City agrees to provide additional identifying information including, but not limited to, classification and department. Six months from enactment, in the event the City is unable to provide classification and department information in the Notice of Enrollment, the Union can reopen this Agreement for the sole purpose of meeting and conferring over the identifying information provided in this Section II.C.3 Notice of Enrollment. Said meeting and conferring shall not be subject to the impasse procedures in Government Code Section 3557. The Department sponsoring the NEO shall provide the foregoing information no less than five (5) business days prior to the NEO taking place. The Department will make best efforts to notify the Union NEO Coordinator of any last-minute changes. Onboarding of individual employees for administrative purposes is excluded from this notice requirement.

D. Citywide and Departmental NEOs: New employees in those Departments identified in Attachment A shall attend a citywide NEO, sponsored by the Department of Human Resources. This citywide NEO shall take place at minimum on a monthly basis. Departments identified in Attachment B will conduct respective Departmental NEOs. At the City’s discretion, Departments may be added to or removed from either Attachment A or Attachment B. For the citywide NEO, DHR will adhere to the Department notice requirements in Section C., above. The City will provide the Union with thirty (30) calendar days’ notice prior to moving a Department from Attachment A to B, or vice versa. Every City Department shall be listed on either Attachment A or Attachment B.

E. Access and Presentation: At all NEOs, the Union shall be afforded thirty (30) minutes to meet with represented new employees who are present, unless the Union’s Memorandum of Understanding (MOU) provides for more than thirty (30) minutes. The right of the Union to meet with newly-hired employees is limited to only those employees whose classifications fall within the Union’s bargaining unit. The City shall ensure privacy for the Union’s orientation, and it shall take place without City representatives present. This requirement can be met by providing either a private room or a portion of a room with sufficient distance from other activities in the room to limit disruption. The Department responsible for scheduling the NEO shall be responsible for including Union presentations on the agenda. The Union’s presentation shall occur prior to any meal break, and will not be conducted during a scheduled break time. One (1)of the Union’s representatives maybeaUnion member designated bythe Union. Such member(s) shall be released to attend under the terms and conditions specified in the MOU. If not otherwise provided for in the MOU, the Union may request release of a Union-designated member to attend the NEO. Release time shall not be unreasonably withheld. Said request shall be made to the Employee Relations Division no less than three (3) business days in advance of the scheduled NEO. The Union agrees to limit its presentation to only those matters stated in Section H., below.

F. Alternate Procedures: In the event the Union identifies one or more new employees who did not attend the Union’s presentation as described in Section E., above, the Union may contact the Departmental NEO coordinator to schedule a mutually-agreeable fifteen (15) minute time slot for the Union to meet privately with the new employee(s). If the number of such identified employees is five (5) or more at a particular location, the Union NEO Coordinator and Departmental NEO Coordinator will work together to schedule a mutually agreeable thirty (30) minute time slot for the private meeting. One (1) of the Union’s representatives may be a Union member designated by the Union, and such member shall be released to attend under the terms and conditions specified in the MOU. If not otherwise provided for in the MOU, the Union may request release of a Union-designated member as provided for in Section E., above. This alternate procedure shall also apply to any employee who has promoted or transferred into the bargaining unit.

1. The Union NEO Coordinator shall coordinate with the new employee(s) referenced in the preceding paragraph and the Departmental NEO Coordinator to schedule a fifteen (15) minute meeting during normally scheduled hours, which shall not be during employee’s break or meal period, for the Union representative(s) to meet privately with, and provide materials and information to, the new employee(s). City representatives shall not be present during said meeting. The Union agrees to limit its presentation to only those matters stated in Section H., below.

2. In the event the proposed time cannot be accommodated, the Union NEO Coordinator and the Departmental NEO Coordinator shall work together to find a mutually agreeable time within ten (10) business days of the Union’s request.

3. Department of Elections: Any new employee of the Department of Elections who is classified as Temporary Exempt (Category 16), whose duration of appointment is one (1) pay period or less, and works on an as-needed work schedule will receive written materials provided by the Union in lieu of attending a Citywide or Departmental NEO, a private meeting with the Union as provided for in Section F., above, or a Periodic Union Orientation as provided for in Section G., below.

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

The following Departments shall maintain existing Union orientation arrangements: Department of EmergencyManagement; Sheriff’s Department; and Police Department.

The 311 Customer Service Call Center shall maintain existing practice with respect to Union access to 311 Customer Service Agent Training.

H. Union Orientation Presentations: The Union agrees to limit its presentation to a general introduction to its organization, history, by-laws, and benefits of membership. The Union agrees not to engage in campaigning on behalf of an individual running for public elected office and ballot measures during the NEO, or other topics that would be considered beyond general discussion on the benefits of Union membership.

III. Data Provisions

Subject to the limitations contained in CA Government Code Section 3558, the City shall provide the Union with all required information on newly-hired employees to the extent it is made available to the City. In addition, within ten (10) business days of the conclusion of each NEO, the City agrees to provide the Union with a stand-alone report containing a list of employees, including classification code and division, who were scheduled to, but did not attend each NEO.

IV. Hold Harmless

The Union agrees to hold the City harmless for any disputes that arise between the Union and any new employee over application of this Agreement.

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

Attachment B

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

Final Mediator's Proposal Dated March 22, 2024 for the County & City of San Francisco and the PEC

If Rejected, Parties Revert to Their Pre-Mediation Positions

Effective July 1, 2024, represented employees shall receive a 1.5% wage increase.
Effective January 4, 2025, represented employees shall receive a 1.5% wage increase.
Effective June 30, 2025 at close of business, represented employees shall receive a 1% wage increase.
Effective July 1, 2025, represented employees shall receive a 1% wage increase.
Effective January 3, 2026, represented employees shall receive a 1.5% wage increase.
Effective June 30, 2026 at close of business, represented employees shall receive a 2% wage increase.
Effective January 2, 2027, represented employees shall receive a 2% wage increase.
Effective June 30, 2027 at close of business, represented employees shall receive a 2.5% wage increase.
Effective July 1, 2024, represented employees shall earn no less than $25.00 an hour.
Because of the wage structure of this proposal, no wage deferrals/offramps will be utilized.

This proposal is to be included as an appendix to the MOUs.

Departments

Human Resources