WIXLIB

MEMORANDUM OF UNDERSTANDINGbetweenTHE CITY OF SAN DIEGOandDEPUTY CITY ATTORNEYSASSOCIATION OF SAN DIEGOfor the periodJULY 1, 2016 – JUNE 30, 2019

TABLE OF CONTENTSParties to the Agreement .5Purpose.5Meet and Confer .5Article 1 – Recognition .5Article 2 – Implementation of Agreement .5Article 3 – Term .6Article 4 – Renegotiation .6Article 5 – Salary .8Article 6 – Flexible Benefits Plan .9Article 7 – Retirement Benefits .11Article 8 – Bereavement Leave .12Article 9 – Mileage and Travel Reimbursement .12Article 10 – Management Rights .13Article 11 – DCAA Communications .14Article 12 – Professional Education .15Article 13 – Review of Performance and Discretionary Merit Increases .16Article 14 – Grievance Procedure .17Article 15 – Terminations, Suspensions and Lay-offs .19Article 16 – Inspection of Employee Personnel File .21Article 17 – DCAA Matters .21Article 18 – Agency Shop .22Article 19 – Employee Rights .25Article 20 – Provisions of Law .25Article 21 – Holidays .25Article 22 – Direct Deposit .26Article 23 – Transportation Alternatives .26Article 24 – Recognition of City Policies .27Article 25 – Jury Duty Scheduling.27Article 26 – Notice of Termination .27Article 27 – Employee Representation .28Article 28 – Fingerprinting .28Article 29 – Copies of the Agreement .28Article 30 – Long Term Disability.28Article 31 – Weapon-Free Workplace .28Article 32 – Volunteers .29Article 33 – Labor Management Committee .29Article 34 – Take Home Vehicles .30Article 35 – Discretionary Leave .30Article 36 – Hourly Sick Leave (A.B. 1522) .30Article 37 – Leave-Sharing Plans 33Article 38 – Military Leave . 40Appendix A – Salary Table .42Appendix B – Memorandum of Agreement and Addendum 1 re: New Pension Plan .43Appendix C – Interim Defined Contribution Plan .48-2-

Appendix D – Exhibits A, B, and C to FY 2011 Salary Ordinance .52-3-

SUBJECT INDEXAgency Shop – (Article 18) .22Bereavement Leave – (Article 8) .12Copies of the Agreement – (Article 29) .28DCAA Communications – (Article 11) .14DCAA Matters – (Article 17) .21Direct Deposit – (Article 22) .26Discretionary Leave – (Article 35).29Employee Representation – (Article 27).28Employee Rights – (Article 19) .25Fingerprinting – (Article 28) .28Flexible Benefits Plan – (Article 6) .9Fiscal Year 2011 Salary Ordinance-Exhibits A, B, and C (Appendix D). .51Grievance Procedure – (Article 14) .17Holidays – (Article 21) .25Implementation of Agreement – (Article 2) .5Inspection of Employee Personnel File – (Article 16).21Jury Duty Scheduling – (Article 25) .27Labor Management Committee – (Article 33).29Long Term Disability – (Article 30) .28Management Rights – (Article 10) .13Meet and Confer .5Mileage and Travel Reimbursement – (Article 9) .12Notice of Termination – (Article 26) .27Parties to the Agreement .5Pension Plan for New Hires on or after July 1, 2009 – (Appendix B) .43Interim Defined Contribution Plan – (Appendix C) . . .48Professional Education – (Article 12) .15Provisions of Law – (Article 20) .25Purpose.5Recognition – (Article 1) .5Recognition of City Policies – (Article 24) .27Renegotiation – (Article 4) .6Retirement Benefits – (Article 7) .11Review of Performance and Discretionary Merit Increases – (Article 13) .16Salary – (Article 5) .8Salary Table – (Appendix A) .41Take Home Vehicles (Article 34) .30Term – (Article 3).6Terminations, Suspensions and Lay-offs – (Article 15) .19Transportation Alternatives – (Article 23) .26Volunteers – (Article 32) .29Weapon-Free Workplace – (Article 31) .28-4-

PARTIES TO THE AGREEMENTTHIS MEMORANDUM OF UNDERSTANDING (MOU) is made and entered into on July 1,2016, by and between the City of San Diego (City) and the Deputy City Attorneys Association ofSan Diego (DCAA), collectively referred to as “Parties”.PURPOSEIt is the purpose of this MOU, to promote and provide for harmonious relations, cooperation, andunderstanding between Management and the employees covered by this MOU; to provideprocedures for an orderly and equitable means of resolving any misunderstandings or differenceswhich may arise under this MOU; and to set forth the understanding of the Parties reached as aresult of good faith negotiations regarding wages, hours of employment, and other terms andconditions of employment of the employees covered by this MOU. The Parties will jointlysubmit the MOU to the San Diego City Council (City Council) and recommend its approval andimplementation.MEET AND CONFERCity and DCAA agree to meet and confer during the term of this MOU only to the extentrequired by applicable law. Any agreement reached through required meet and confer will be inwriting and signed by the Parties. The Parties will obtain any required ratification and approvalbefore implementation of the new MOU becomes effective.ARTICLE 1RecognitionManagement formally recognizes DCAA as the exclusive representative for all Deputy CityAttorneys (DCA) employed in the Office of the City Attorney (Office), except that assistant cityattorneys, confidential attorneys, and those deputy city attorneys involved in labor negotiationswith DCAA on behalf of Management of the Office are excluded from the Bargaining Unit.Confidential attorneys are those with access to confidential information regarding Managementpositions with respect to the meet and confer process. No classification shall be removed fromthe Bargaining Unit exclusively represented by DCAA during the term of this MOU.ARTICLE 2Implementation of AgreementIn negotiating a successor MOU, once the Parties reach a tentative agreement, that tentativeagreement will be reduced to writing and taken to City Council, and to the membership ofDCAA for ratification of the tentative agreement, as soon as reasonably possible. It is the intentof the Parties that the tentative agreement shall become binding on the Parties once it is adoptedby City Council and ratified by the membership of DCAA. The MOU effective date will be asset forth in Article 3, Term. When a successor MOU is completed, the Parties will work togetherto get the agreement finalized and signed by a target date of October 1. This MOU supersedesand replaces the MOU approved by the City Council, by San Diego Resolution R-308477-5-

(October 15, 2013), for the term of July 1, 2013 through June 30, 2018.ARTICLE 3TermThe term of this MOU begins 12:01 a.m. on July 1, 2016; however, the effective date for theinitial payroll changes shall commence the first full pay period that begins on or after July 1,2016. This MOU expires and is terminated at 11:59 p.m. on June 30, 2019.ARTICLE 4RenegotiationA.In the event DCAA desires to meet and confer in good faith on the provisions of asuccessor MOU, it will serve upon the City its written request to commence meeting andconferring in good faith, as well as its written non-economic proposals for successorMOU by October 2, 2018. DCAA will submit its economic proposals no later thanDecember 4, 2018. Upon receipt of the written notice and proposals, meet and conferover non-economic proposals will begin no later than November 6, 2018, and meet andconfer over economic proposals will begin no later than January 22, 2019.B.The City agrees to notify DCAA by October 30, 2018 of its non-economic proposals andwill submit its economic proposals no later than January 22, 2019. If federal or stategovernments take action that has a direct effect upon the areas which fall within the scopeof representation, the City or the DCAA may submit proposals concerning these areas atlater dates. Any terms and conditions of this MOU, not subject to this reopener provisionshall remain in force and effect. The impasse hearing will take place in advance of thefirst reading of the salary ordinance for Fiscal Year 2020.C.The City will request the City Council to schedule an impasse hearing if necessary after5:00 p.m. on a regular work day in order to permit DCAA Bargaining Unit members theopportunity to attend and testify.D.Unless otherwise agreed to, the Parties agree that DCAA’s final offers are due byFebruary 19, 2019 and the City’s final offers are due March 5, 2019. DCAA agrees toprovide the City a written statement of its positions regarding any issues should there beimpasse.E.The dates set forth in this Article can be changed by mutual agreement of the Parties, ifconfirmed in writing.F.Nothing in this Article is intended to waive the rights and obligations of either Partyunder the Meyers-Milias-Brown Act (MMBA) to bargain in good faith.G.The Parties acknowledge that four of the City’s recognized employee organizations havefiled a consolidated unfair labor practice charge with the California Public EmploymentRelations Board (PERB) related to Proposition B (PERB litigation).The Partiesacknowledge that the City and the four employee organizations involved in the PERB-6-

litigation have the right, under California Government Code section 3509.5 and otherapplicable law, to exhaust all appeals if aggrieved as a result of a final decision by PERB.This right includes filing a writ of extraordinary relief with the California Court ofAppeal and taking any other action in any court of competent jurisdiction that isauthorized by law. Nothing in this MOU is intended to waive that right. If, in the PERBlitigation, a court of competent jurisdiction, following exhaustion of all appeals, issues afinal order or decision declaring Proposition B to be unlawful or invalid, in whole or inpart, the Parties to this MOU agree to reopen negotiations, upon request by a party, onthat provision of Proposition B declared to be unlawful or invalid. If, in the PERBlitigation, a court of competent jurisdiction, following exhaustion of all appeals, issues afinal order or decision declaring Proposition B to be lawfully adopted, the Parties to thisMOU agree to reopen negotiations, upon request by a party, on any provisions ofProposition B not yet implemented. The Parties agree that, regardless of the outcome ofthe PERB litigation or exercise of this reopener, the provisions regarding limitations tobase compensation and to other pensionable pay components set forth in Article 5 willremain in effect.H.At the request of either the City or DCAA during the term of this MOU, the Parties willmeet and confer over the implementation of a death and disability benefit for employeeswho are covered by the Interim Defined Contribution Plan.I.By no later than October 2 2017, the Parties will continue negotiations on health carebenefits for current employees. The purpose of the negotiations will be to determine ifmodification to the current Flexible Benefit Plan can result in lower out-of-pocketexpenses for current employees. The negotiations will proceed with a two-step processas follows:Step 1, the City and DCAA along with the City’s other five recognized employeeorganizations to conduct a joint study which will review and analyze healthcarerelated subjects including:1.2.3.4.5.6.7.8.9.Current plans for all employeesPotential plan design changesNumber of plans available to employeesHealth Reimbursement Arrangement Accounts (HRA Accounts)Number of health care providers for employeesThe Affordable Health Care ActUse of Voluntary Employees’ Beneficiary Association (VEBA)Restrictions on employee’s ability to opt out of coverageWellness ProgramStep 2, the Parties will then meet and confer over the issue.K.By no later than October 1, 2017, the City and DCAA along with the City’s other fiverecognized labor organizations will begin to meet and confer over modifications to the City’sEmployee Relations Resolution contained in Council Policy 300-06 to comply with the MeyersMilias-Brown Act as amended in August 1, 2012 or any subsequent amendments.-7-