This MEMORANDUM OF UNDERSTANDING (MOU)
was made and entered into at 12:01 am on July 1, 2023,
and shall expire and otherwise be fully terminated
at 11:59 pm on June 30, 2026.
By and Between:
The City of San Diego
and
Deputy City Attorneys Association (DCAA)
MEMORANDUM OF UNDERSTANDING
This MEMORANDUM OF UNDERSTANDING was made and entered into this first day of July 1, 2023.
BY AND BETWEEN THE CITY OF SAN DIEGO
AND SAN DIEGO DEPUTY CITY ATTORNEYS ASSOCIATION
Deputy City Attorneys Association of San Diego Memorandum of Understanding
JULY 1, 2023 to JUNE 30, 2026 Page 2 of 56
TABLE OF CONTENTS
Parties to the Agreement ..................................................................................................................................................... 4
Purpose .................................................................................................................................................................................. 4
Meet and Confer ................................................................................................................................................................... 4
Article 1 – Recognition ......................................................................................................................................................... 4
Article 2 – Implementation of Agreement ......................................................................................................................... 4
Article 3 – Term ................................................................................................................................................................... 5
Article 4 – Renegotiation ..................................................................................................................................................... 5
Article 5 – Salary .................................................................................................................................................................. 6
Article 6 – Special Assignment Pay .................................................................................................................................... 6
Article 7 – Flexible Benefits Plan ........................................................................................................................................ 7
Article 8 – Retirement Benefits ......................................................................................................................................... 11
Article 9 – Bereavement Leave ......................................................................................................................................... 13
Article 10 – Mileage and Travel Reimbursement ............................................................................................................ 14
Article 11 – Management Rights ....................................................................................................................................... 14
Article 12 – DCAA Communications ................................................................................................................................. 15
Article 13 – Professional Education .................................................................................................................................. 16
Article 14 – Review of Performance and Discretionary Merit Increases ....................................................................... 17
Article 15 – Grievance Procedure ...................................................................................................................................... 19
Article 16 – Disciplinary Actions and Lay-offs .............................................................................................................. 22
Article 17 – Inspection of Employee Personnel File ........................................................................................................ 25
Article 18 – DCAA Matters ................................................................................................................................................. 25
Article 19 – Union Security ................................................................................................................................................ 26
Article 20 – Employee Rights............................................................................................................................................ 27
Article 21 – Provisions of Law ........................................................................................................................................... 28
Article 22 – Holidays .......................................................................................................................................................... 28
Article 23 – Direct Deposit ................................................................................................................................................ 29
Article 24 – Parking and Transportation Program ........................................................................................................ 29
Article 25 – Recognition of City Policies .......................................................................................................................... 30
Article 26 – Jury Duty Scheduling .................................................................................................................................... 30
Article 27 – DCAA Access for Non-Employees ............................................................................................................... 31
Article 28 – Employee Representation ............................................................................................................................. 31
Article 29 – Fingerprinting ............................................................................................................................................... 31
Article 30 – Copies of the Agreement ............................................................................................................................... 32
Article 31 – Air Quality ...................................................................................................................................................... 32
Article 32 – Weapon-Free Workplace .............................................................................................................................. 32
Article 33 – Volunteers ...................................................................................................................................................... 32
Article 34 – Labor Management Committee.................................................................................................................... 33
Article 35 – Flexible Work Arrangements ........................................................................................................................ 33
Article 36 – Discretionary Leave ....................................................................................................................................... 36
Article 37 – Leave-Sharing Plans ..................................................................................................................................... 36
Article 38 – Military Leave ................................................................................................................................................ 43
Article 39 – Job-Sharing ................................................................................................................................................... 44
Article 40 – Flexible-Work Schedule .............................................................................................................................. 44
Article 41 - Identification Badges ................................................................................................................................... 44
Article 42 – Legal Representation ....................................................................................................................................45
Article 43 – Personal Security ...........................................................................................................................................45
Article 44 – Pay-In-Lieu…………… .......................................................... ……………………………………………………….……….45
Article 45 – Drug and Alcohol Testing Post Accident ..................................................................................................... 47
Article 46 – Overpayments and SDCERS Interest Charges ........................................................................................... 47
Article 47 – Electronic Leave Slips ..................................................................................................................... 49
Article 48 – Emergency Contact Information ................................................................................................................. 50
Appendix A – Salary Table ................................................................................................................................................ 51
Deputy City Attorneys Association of San Diego Memorandum of Understanding
JULY 1, 2023 to JUNE 30, 2026 Page 3 of 56
SUBJECT INDEX
Air Quality – (Article 31) ................................................................................................................................................. 32
Bereavement Leave – (Article 9) .................................................................................................................................... 13
Copies of the Agreement – (Article 30) ......................................................................................................................... 32
DCAA Access for Non-Employees – (Article 27) .......................................................................................................... 31
DCAA Communications – (Article 12) ............................................................................................................................ 15
DCAA Matters – (Article 18) ........................................................................................................................................... 25
Direct Deposit – (Article 23) ........................................................................................................................................... 29
Disciplinary Actions and Lay-offs – (Article 16) ......................................................................................................... 22
Discretionary Leave – (Article 36) ................................................................................................................................. 36
Drug and Alcohol Testing Post Accident (Article 45) ................................................................................................... 47
Electronic Leave Slips (Article 47) .................................................................................................................... 49
Emergency Contact Information (Article 48) .................................................................................................... 50
Employee Representation – (Article 28) ....................................................................................................................... 31
Employee Rights – (Article 20) ...................................................................................................................................... 27
Fingerprinting – (Article 29) ......................................................................................................................................... 31
Flexible Benefits Plan – (Article 7) ............................................................................................................................ ... 7
Flexible Work Arrangements (Article 35) ...................................................................................................................... 33
Flexible-Work Schedule - (Article 40) .......................................................................................................................... 44
Grievance Procedure – (Article 15) ........................................................................................................................... .... 19
Holidays – (Article 22) .................................................................................................................................................... 28
Identification Badges - (Article 41) ............................................................................................................................... 44
Implementation of Agreement – (Article 2) ............................................................................................................. ... 4
Inspection of Employee Personnel File – (Article 17) .................................................................................................. 25
Job-Sharing (Article 39) ................................................................................................................................................. 44
Jury Duty Scheduling – (Article 26) .............................................................................................................................. 30
Labor Management Committee – (Article 34) .............................................................................................................. 33
Leave-Sharing Plan (Article 37) ..................................................................................................................................... 36
Legal Representation - (Article 42) ............................................................................................................................... 45
Management Rights – (Article 11) ................................................................................................................................. 14
Meet and Confer .......................................................................................................................................................... ... 4
Mileage and Travel Reimbursement – (Article 10) ...................................................................................................... 14
Military Leave – (Article 38) .......................................................................................................................................... 43
Overpayments and SDCERS Interest Charges (Article 46) .......................................................................................... 47
Parking and Transportation Program – (Article 24) .................................................................................................. 29
Parties to the Agreement ............................................................................................................................................ ... 4
Pay-In-Lieu – (Article 44) …….………………………………………...………………….………. .................................................... 45
Personal Security - (Article 43) ...................................................................................................................................... 45
Professional Education – (Article 13) ............................................................................................................................ 16
Provisions of Law – (Article 21) ..................................................................................................................................... 28
Purpose ......................................................................................................................................................................... ... 4
Recognition – (Article 1) ............................................................................................................................................. ... 4
Recognition of City Policies – (Article 25) .................................................................................................................... 30
Renegotiation – (Article 4) .......................................................................................................................................... .. 5
Retirement Benefits – (Article 8) .................................................................................................................................. 11
Review of Performance and Discretionary Merit Increases – (Article 14) ................................................................. 17
Salary – (Article 5) ...................................................................................................................................................... ... 6
Salary Table – (Appendix A) ........................................................................................................................................... 51
Special Assignment Pay – (Article 6) .............................................................................................................. 6
Term – (Article 3) ......................................................................................................................................................... .. 5
Disciplinary Actions and Lay-offs – (Article 16) ......................................................................................................... 22
Union Security-(Article 19) ............................................................................................................................................ 26
Volunteers – (Article 33) ................................................................................................................................................. 32
Weapon-Free Workplace – (Article 32) ......................................................................................................................... 32
Deputy City Attorneys Association of San Diego Memorandum of Understanding
JULY 1, 2023 to JUNE 30, 2026 Page 4 of 56
PARTIES TO THE AGREEMENT
THIS MEMORANDUM OF UNDERSTANDING (MOU) is made and entered into on July 1, 2023, by and
between the City of San Diego (City) and the Deputy City Attorneys Association of San Diego (DCAA),
collectively referred to as “Parties.”
PURPOSE
It is the purpose of this MOU, to promote and provide for harmonious relations, cooperation, and
understanding between Management and the employees covered by this MOU; to provide
procedures for an orderly and equitable means of resolving any misunderstandings or differences
which may arise under this MOU; and to set forth the understanding of the Parties reached as a
result of good faith negotiations regarding wages, hours of employment, and other terms and
conditions of employment of the employees covered by this MOU. The Parties will jointly submit the
MOU to the San Diego City Council (City Council) and recommend its approval and implementation.
MEET AND CONFER
City and DCAA agree to meet and confer during the term of this MOU only to the extent required by
applicable law. Any agreement reached through required meet and confer will be in writing and
signed by the Parties. The Parties will obtain any required ratification and approval before
implementation of the new MOU becomes effective.
ARTICLE 1:
Recognition
Management formally recognizes DCAA as the exclusive representative for all Deputy City Attorneys
(DCA) employed in the Office of the City Attorney (Office), except that Assistant City Attorneys,
Confidential Attorneys, and those Deputy City Attorneys involved in labor negotiations with DCAA
on behalf of Management of the Office are excluded from the Bargaining Unit. Confidential
attorneys are those with access to confidential information regarding Management positions with
respect to the meet and confer process. No classification shall be removed from the Bargaining Unit
exclusively represented by DCAA during the term of this MOU.
ARTICLE 2:
Implementation of Agreement
In negotiating a successor MOU, once the Parties reach a tentative agreement, that tentative
agreement will be reduced to writing and taken to City Council, and to the membership of DCAA for
ratification of the tentative agreement, as soon as reasonably possible. It is the intent of the Parties
that the tentative agreement shall become binding on the Parties once it is adopted by City Council
and ratified by the membership of DCAA. The MOU effective date will be as set forth in Article 3,
Term. When a successor MOU is completed, the Parties will work together to get the agreement
finalized and signed by a target date of May 12, 2023. This MOU supersedes and replaces the MOU
approved by the City Council, by San Diego for the term of July 1, 2021 through June 30, 2023.
Deputy City Attorneys Association of San Diego Memorandum of Understanding
JULY 1, 2023 to JUNE 30, 2026 Page 5 of 56
ARTICLE 3:
Term
The term of this MOU begins 12:01 a.m. on July 1, 2023. This MOU expires and is terminated at 11:59
p.m. on June 30, 2026.
ARTICLE 4:
Renegotiation
A.
In the event DCAA desires to meet and confer in good faith on the provisions of a successor
MOU, it will serve upon the City its written request to commence meeting and conferring in
good faith, as well as its written non-economic proposals for successor MOU by no later than
September 5, 2025. DCAA will submit its economic proposals no later than October 6, 2025.
Upon receipt of the written notice and proposals, meet and confer over non-economic
proposals will begin no later than November 3, 2025, and meet and confer over economic
proposals will begin no later than January 12, 2026.
B.
The City agrees to notify DCAA no later than September 15, 2025 of its non-economic
proposals and will submit its economic proposals no later than January 12, 2026. If federal or
state governments take action that has a direct effect upon the areas which fall within the
scope of representation, the City or the DCAA may submit proposals concerning these areas
at later dates. Any terms and conditions of this MOU, not subject to this reopener provision
shall remain in force and effect. The impasse hearing will take place in advance of the first
reading of the salary ordinance for Fiscal Year 2027.
C.
The City will request the City Council to schedule an impasse hearing if necessary after 5:00
p.m. on a regular work day in order to permit DCAA Bargaining Unit members the
opportunity to attend and testify.
D.
Unless otherwise agreed to, the Parties agree that DCAA’s final offers are due by March 9,
2026 and the City’s final offers are due March 23, 2026. DCAA agrees to provide the City a
written statement of its positions regarding any issues should there be impasse.
E.
The dates set forth in this Article can be changed by mutual agreement of the Parties, if
confirmed in writing.
F.
Nothing in this Article is intended to waive the rights and obligations of either Party under
the Meyers-Milias-Brown Act (MMBA) to bargain in good faith.
G.
The parties agree to a reopener within six months of the effective date of this MOU to meet
and confer over any amendments to the Long-Term Disability (LTD) Program. The parties
agree that the existing LTD Program will remain in place until any amendments to the LTD
Program are executed. The City will issue an RFI or RFP to explore fully insuring and
administering the LTD Program by an outside vendor.
H.
In an effort to address and implement the 2021 Employee Sentiment Workforce Report, the
Parties agree to reopen the following during the term of the MOU to meet and confer in
good faith to streamline and automate administration and tracking of: Employee
Performance Reports, Discipline, Fact Findings, Grievances, and Reasonable
Accommodations.
Deputy City Attorneys Association of San Diego Memorandum of Understanding
JULY 1, 2023 to JUNE 30, 2026 Page 6 of 56
ARTICLE 5:
Salary
A.
General Salary
1.
Employees in the Deferred Retirement Option Plan (DROP) program will continue to
have a pay reduction of 3.2 percent of base salary, to correspond to the 3.2 percent
reduction in the City offset of the employee contribution to San Diego City Employees’
Retirement System (SDCERS) by non-DROP employees, which was initially negotiated
in prior contract negotiations.
2.
Effective July 1, 2023, or the first full pay period following City Council approval of
this MOU, whichever date is later, there will be a general wage increase of 5% for all
employees covered by this MOU. The Fiscal Year 2024 salary tables for the
classifications covered by this MOU will be modified to reflect this increase.
3.
Effective January 1, 2024, there will be a general salary increase of 5% for all
employees covered by this MOU. The Fiscal Year 2024 salary tables for the
classifications covered by this MOU will be modified to reflect this increase.
4.
Effective July 1, 2024, there will be a general salary increase of 5% for all employees
covered by this MOU. The Fiscal Year 2025 salary tables for the classifications
covered by this MOU will be modified to reflect this increase.
5.
Effective January 1, 2025, there will be a general salary increase of 5% for all
employees covered by this MOU. The Fiscal Year 2025 salary tables for the
classifications covered by this MOU will be modified to reflect this increase.
6.
Effective July 1, 2025, there will be a general salary increase of 5% for all employees
covered by this MOU. The Fiscal Year 2026 salary tables for the classifications
covered by this MOU will be modified to reflect this increase.
7.
A structured salary schedule for DCAs has been implemented. The DCAA Salary
Schedule is attached as Appendix A and incorporated into this MOU.
ARTICLE 6:
Special Assignment Pay
A.
Chiefs and Leads/Supervising Attorneys
Employees while occupying special assignments will qualify for 5% additional pay for Chiefs
and 2.5% additional pay for Leads/Supervising Attorneys. The special assignments are for two
years in duration and may be extended thereafter in one-year increments at the sole discretion
of the City Attorney. The City Attorney’s decision to promote, remove or extend the term of a
Chief or Lead/Supervising Attorney is a management right not subject to appeal or the
grievance procedure.
ARTICLE 7:
Flexible Benefits Plan
Deputy City Attorneys Association of San Diego Memorandum of Understanding
JULY 1, 2023 to JUNE 30, 2026 Page 7 of 56
A. General Nature of Plan and Eligibility
1.
The City offers an IRS-qualified cafeteria-style benefits program called the Flexible
Benefits Plan (FBP) to all eligible employees. Under the FBP, an annual dollar value is
set for each eligible employee who may use these “FBP credits” for a variety of tax-
free benefit or cash-in-lieu options, or take these FBP Credits as taxable cash under
certain circumstances.
2.
An “eligible employee” means any employee in one-half, three-quarter, or full-time
status. Employees in non-standard hour positions are not eligible to participate in the
FBP.
3.
“Hired” for purposes of determining FBP credits is based on the employee’s most
recent hire date with the City. If an employee experiences a break in service and is
then rehired, the rehire date would be considered the most recent hire date.
4.
During the annual open enrollment process for the FBP, eligible employees are
required to acknowledge that no amount of FBP Credits is included in “Base
Compensation” under the SDCERS defined benefit pension plan. Employees are also
required to acknowledge that the FBP credits allocated to them for the fiscal year will
be paid out over 24 of 26 pay periods, as a lump sum benefit for all hours worked
during each month within the fiscal year. For months that have three pay cycles, the
middle paycheck will not include any FBP transactions. If an employee separates from
City employment, the FBP credits payable through their last day on the City payroll
will be added to their final paycheck.
B. FBP Options for Eligible Employees Hired Before July 1, 2020
1.
For eligible employees hired before July 1, 2020, total Flex Credits of $9,942 (Waiver)
and $13,643 (Employee Only) are available with the customary cash-back option.
These options allow the maximum cash-back opportunity for employees who waive
medical insurance or cover only themselves. However, beginning July 1, 2020, there is
also an option for employees who wish to cover a Spouse or Domestic Partner,
Children or Family, where more Flex Credits will be available to them for these tiers
of coverage but they will have no cash-back option and no amounts can be deposited
into their 401(k) account. Eligible employees hired before July 1, 2020, may change
the option they select (Option No. 1 – Cash-Back; Option No. 2 – No Cash-Back) from
one fiscal year to the next at the time of open enrollment.
2.
Option No. 1 to Choose $9,942 (Waiver) or $13,643 (Employee Only) in FBP Credits
and Take Cash-Back
During open enrollment, employees hired before July 1, 2020 who wish to maximize
the cash available to them from their total $9,942 (Waiver) or $13,643 (Employee
Only) in FBP Credits, must select a Life Insurance option and either the Waiver or an
Employee-Only Medical Coverage Option from the FBP component plan offerings.
An employee may select the “Waiver” option to opt out of any medical insurance
offering under the FBP without providing the City with proof of other medical
insurance coverage. After selecting Life Insurance and the Health Waiver or Employee
Only Health Coverage, the employee may allocate their remaining +Flex Credits: to
pay for other FBP insurance offerings; to be deposited to their 401(k) account; to fund
an FSA account for dental/medical/vision reimbursements or child/dependent care; or
Deputy City Attorneys Association of San Diego Memorandum of Understanding
JULY 1, 2023 to JUNE 30, 2026 Page 8 of 56
to be returned to them over 24 pay periods as taxable cash.
3.
Option No. 2 to Choose Increased Medical Insurance for Employee-Plus Tiers and Not
Take Any Cash-Back From FBP Credits
During open enrollment, employees hired before July 1, 2020, who choose a medical
insurance option and cover one or more dependents, will have the option to get more
Flex Credits to cover themselves plus a spouse, domestic partner, children or family
as follows:
Once an employee has selected one mandatory Life Insurance option and one of the
above-described tiers for medical coverage, any remaining FBP credits may be used to
pay for other FBP insurance offerings or to fund an FSA account for
dental/medical/vision reimbursements or child/dependent care. However, no FBP
Credits remaining after selecting required or optional coverages or funding FSA
accounts may be deposited to their 401(k) account or be taken as cash-back.
C. FBP Options for Eligible Employees Hired On or After July 1, 2020
1.
For eligible employees hired on or after July 1, 2020, there will be two options
available under City’s FBP: (1) a $1,000 cash-back option for an employee who
provides proof of qualifying medical coverage outside the FBP and selects the waiver;
or, (2) a no-cash-back option which provides FBP Credits in varying amounts for
Employee Only and for Employee-Plus tiers.
2.
Option No. 1 to Choose $1,000 in Cash In Exchange for Waiver of Medical Insurance
With Proof of Alternative Qualifying Medical Coverage
This option is an eligible opt-out arrangement under City’s FBP. It is the only means
for an eligible employee to have $1,000 in taxable cash paid out to them in
increments over 24 pay periods of the fiscal year so long as they remain employed
and eligible. However, an employee who chooses this option is also forfeiting the
opportunity to have thousands of additional Flex Credits available for other qualifying
benefit opportunities under the FBP.
During open enrollment, this eligible opt-out arrangement allows an eligible
employee to decline medical benefits coverage under the FBP for the upcoming Plan
Year and instead receive a $1,000 cash payment. An eligible employee can waive
coverage without restriction, but to receive the $1,000 cash payment, the eligible
employee must provide during open enrollment reasonable evidence of enrollment in
"minimum essential coverage" under another employer-sponsored group medical
plan (a spouse’s plan, for example), or under a qualifying government program,
which covers the employee and their tax dependents for the upcoming Plan Year.
Individual coverage, including insurance purchased through the Affordable Care Act
Effective July 1, 2021, or the first full pay period following City
Council approval of this MOU, whichever date is later.
Employee and Children
$16,150
Employee and Spouse/Domestic Partner
$18,250
Employee and Spouse/Domestic Partner
and Children
$24,100
Deputy City Attorneys Association of San Diego Memorandum of Understanding
JULY 1, 2023 to JUNE 30, 2026 Page 9 of 56
(ACA) Exchange, will not qualify as minimum essential coverage under the eligible
opt-out arrangement. If an eligible employee selects the Waiver to decline medical
coverage under City’s FBP but fails to provide proof of other qualifying coverage
during open enrollment or the City know or has reason to know that the eligible
employee and their tax dependents will not be enrolled in minimum essential
coverage (other than individual coverage) during the Plan Year, they will not receive
any cash payment under the FBP.
To elect and enroll in this opt-out arrangement, an eligible employee must complete
and execute an online Election Form and file the completed form -- together with the
employee's certification that they and their tax dependents have (or will have) other
minimum essential coverage (other than individual coverage) during the Plan Year --
with the City’s Risk Management Department during open enrollment before the Plan
Year begins for which the opt-out election is to be effective. Once made, an
employee’s election to participate in this opt-out arrangement is irrevocable until the
end of the Plan Year unless the employee is entitled to change their election under the
FBP due to a mid-year election change event as described under section 3.07 of the
City’s FBP.
An eligible employee must provide the certification of other minimum essential
coverage (other than individual coverage) annually during each open enrollment
period. An employee who elected to participate in this $1,000 cash-back opt-out
arrangement will no longer be eligible to receive cash payments: (1) after the last day
of employment if the employee terminates employment with the City; (2) if the
employee is no longer eligible to participate in the FBP; (3) if the employee enrolls in
a medical plan offered under City’s FBP; or (4) if the employee ceases to maintain
minimum essential coverage for them and their tax dependents under another
employer-sponsored group medical plan or qualifying governmental program. If the
City knows or has reason to know that the eligible employee or any of their tax
dependents will not be enrolled in other minimum essential coverage (other than
individual coverage) during the Plan Year to which the election to participate in the
opt-out arrangement applies, it will not make any cash payment.
An eligible employee who elects the $1,000 cash-back waiver under this opt-out
arrangement will have no remaining FBP Credits to “spend” on other FBP component
plan offerings. However, the employee may elect benefits offered through these other
component plans by paying for the cost of those benefits with pre-tax salary
reduction contributions.
3.
Option No. 2 to Choose A Medical Insurance Option and Use Remaining FBP Credits
For Other Benefits But Take No Cash-Back
All eligible employees hired on or after July 1, 2020, who choose a medical insurance
option, will have the following Flex Credits available. Once the employee selects a
medical plan offered under the FBP for Employee Only or for one of the Employee-
Plus tiers below, the employee may use the remaining Flex Credits for other
insurance plans offered under the FBP (life, dental, vision), or to fund a flexible
spending account (FSA) for dental/medical/vision reimbursements or child/dependent
care. However, no FBP credits remaining may be deposited to their 401(k) account or
be taken as cash-back. An eligible employee who has other medical coverage outside
the FBP may still select the lowest cost Employee Only medical insurance option and
then use the remaining Flex Credits for other benefits but no cash-back.
Deputy City Attorneys Association of San Diego Memorandum of Understanding
JULY 1, 2023 to JUNE 30, 2026 Page 10 of 56
For employees hired on or after July 1, 2020, only Eligible Employees who elected the
“Waiver” under the Option No. 1 “opt-out arrangement” can receive FBP credits in
cash-back payments.
Any unused Flex Credits will be forfeited at year-end and cannot be carried over from
year-to-year.
D. On or about April 1 of each year during the term of this MOU or earlier if mutually agreed,
the Parties will exchange premium rates for the Parties’ respective plan offerings. If the term
of the Health Plans is changed to a calendar year basis, then the exchange of rates will occur
on or about October 1 of each year during the term of this MOU.
E. The benefits available through the FBP and the respective annual costs of the benefits are
reflected in the Flexible Benefits booklet provided to each employee each year.
F. Notes
1.
It is the intent of the Parties that all component plans offered under the FBP comply
with all applicable state and federal laws, including IRS regulations as interpreted by
the City Attorney. All disputes over interpretation of this Article shall be submitted to
the appropriate agencies for interpretation.
2.
Eligible employees who do not have sufficient Flex Credits to enroll in insurance
plans offered under the City’s FBP, will have appropriate amounts withheld from
their paychecks to pay for the cost of coverage they select.
3.
Eligible employees may designate a specific amount of pre-tax money (IRS
restrictions apply) to be withheld from their paycheck to reimburse eligible out-of-
pocket Health Care Spending Account (HCSA) and Dependent Care Spending Account
(DCSA) expenses. These payroll deductions must be designated during the open
enrollment period, are irrevocable, and are subject to IRS regulations. These amounts
are forfeited if not used within the fiscal year or during the grace period described in
the Flexible Benefits Plan document.
4.
Eligible employees are required to enroll for their benefits each year during the
designated open enrollment period. If an employee fails to complete enrollment
within the open enrollment period, the employee’s current options for medical,
dental, and vision coverage (or a comparable plan if that option is unavailable)
including dependent coverage and life insurance will be automatically continued at
the same level for the next year as if the employee had elected to keep them. All other
benefit options will be cancelled. Employees agree that City may make a payroll
deduction for employee and/or dependent medical, dental, vision and life insurance
Effective July 1, 2021, or the first full pay period following City Council
approval of this MOU, whichever date is later.
Employee Only
$ 7,600
Employee and Children
$16,150
Employee and Spouse/Domestic Partner
$18,250
Employee and Spouse/Domestic Partner
and Children
$24,100
Deputy City Attorneys Association of San Diego Memorandum of Understanding
JULY 1, 2023 to JUNE 30, 2026 Page 11 of 56
coverage if the FBP Credits are insufficient to pay for the benefit options selected by
the employee. Any FBP Credits remaining from the FBP allotment will be paid out as a
taxable cash payment if a cash-back option is otherwise available to the employee. All
payroll deductions, including HCSA and DCSA reimbursements, will continue and may
not be stopped until the following open enrollment period, except when a qualifying
event occurs as defined in the FBP document.
G. With 90-days prior written notice to DCAA, City will have discretion to change the plan year
of the City’s Flexible Benefits Plan from a fiscal year basis to a calendar year basis beginning
January 1, 2022:
1.
Rate renewals with group health insurance providers in early calendar year 2021 will
need to account for transition to calendar year plan (17-month rate renewal for
coverage dates starting in August 1, 2021 through December 31, 2022).
2.
A first open enrollment will be held in June 2021 for short plan year. (Health plan
coverage effective dates will be August 1, 2021 through December 31,2021).
3.
A second open enrollment will be held in November 2021 for a new calendar year
plan. (Health plan coverage effective dates will be January 1, 2022 through December
31, 2022).
4.
Thereafter, open enrollment would be held once a year in the late fall for the calendar
year plans (effective dates January 1 through December 31), with rate renewals for 12-
month coverage periods.
H. The City has discretion to conduct an audit of employees’ dependents at any time of its
choosing to ensure that it is providing coverage to employees’ dependents on a tax-free
basis as required by the Internal Revenue Code.
ARTICLE 8:
Retirement Benefits
A.
New Pension Plan for Employees Hired on or After July 1, 2009 but before July 20, 2012
In accordance with the July 24, 2008, Memorandum of Agreement ratified by DCAA on July
25, 2008, and the September 21, 2009, Addendum 1 between City and DCAA, a new pension
plan for DCAA-represented employees hired on or after July 1, 2009 but before July 20, 2012,
is established. (See Appendix B, “Memorandum of Agreement and Addendum 1,” which are
attached and incorporated into this MOU). This plan will apply to all employees hired on or
after July 1, 2009 but before July 20, 2012, whether unclassified, represented by DCAA,
unrepresented or represented by another union.
B.
Retirement Benefits for Employees Initially Hired on or After July 20, 2012.
On October 1, 2012, the City Council approved an agreement between the City and DCAA on
the terms for an interim defined contribution plan under San Diego Charter sections 140 and
150 for employees initially hired on or after July 20, 2012 who are ineligible for the City’s
defined benefit plan. The agreement is attached as Appendix D and is incorporated into this
MOU.
C.
Drop
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1.
City contends that the Deferred Retirement Option Plan (DROP) is an employment
benefit subject to modification through the meet and confer process. Despite DCAA’s
disagreement with this contention, the Parties agree that, during the term of this
MOU, they will meet and confer over proposals to modify DROP to make DROP “cost
free” to City. The Parties acknowledge that City’s proposals will modify DROP to
make DROP “cost free” as defined by City and may include any and all aspects of
DROP, including but not limited to, all of the DROP alternative plan design proposals
set forth in a study by Buck Consultants presented by City to DCAA on March 14, 2012,
or any variations of the alternative proposals which change numbers or percentages
reflected in the Buck study. However, by agreeing to meet and confer regarding
proposals to modify DROP, DCAA is not waiving its right to challenge any proposed
modification to DROP on the basis that it may impair a constitutionally protected,
individually vested pension benefit, or on any other ground. DCAA further reserves its
right to argue, despite any contrary assertion by City, that the current unmodified
DROP is, in fact, “cost free” within the meaning of reasonable actuarial principles
and appropriate margins of error. Moreover, in agreeing to meet and confer regarding
proposals to modify DROP, neither Party is waiving its rights to make any legal
arguments or pursue any legal action related to any proposed DROP modification.
2.
In the event City and DCAA reach agreement on any modifications to DROP, these
modifications will become effective on the date agreed upon. In the event the Parties
fail to reach an agreement, any impasse hearing related to DROP will be conducted in
accordance with Council Policy 300-06 on a date to be agreed upon by the Parties.
However, any impasse hearing related to the Parties’ meet and confer over DROP,
including the aspects of DROP described above, will be separate from and not
combined with any issues remaining for impasse in connection with the Parties’ meet
and confer process for a new MOU for Fiscal Year 2014.
3.
Interest will be credited to the member’s DROP accounts at a rate determined by the
SDCERS Board of Administration.
D.
Retiree Health Benefits
Notwithstanding any provision in this MOU to the contrary, the retiree health benefits for
employees who retire on or after April 1, 2012 are determined by the City’s MOU (including
amendment with DCAA), which the City Council adopted by San Diego Ordinance O-20133
(February 17, 2012) and amended by San Diego Ordinance O-20174 (June 26, 2012).
E.
Interim Death and Disability Plan for Employees Hired on or After July 20, 2012
Subject to the requirements of Exhibit C, numbered Paragraph 8 Death and Disability, the
City provides Interim Death and Disability benefits through the City’s Long Term Disability
Plan for employees hired by the City on or after July 20, 2012 and who are not members of
SDCERS.
ARTICLE 9:
Bereavement Leave
A. Eligibility
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Under the terms of this Article and the California Fair Employment and Housing Act (FEHA)
at Government Code section 12945.7, employees who have been employed by the City for at
least 30 days are entitled to take up to five days of unpaid Bereavement Leave upon the
death of each covered family member listed in Government Code section 12945.7. This
unpaid Bereavement Leave will be referred to in this Article as “FEHA Bereavement Leave.”
Paid Bereavement Leave totaling 40 hours (regardless of the number of covered deaths) is
available to each full-time employee for use during each fiscal year of this MOU upon the
death of the employee’s spouse or state-registered domestic partner; parent (biological,
step, adoptive, in-law, foster, legal guardian, or other person who stood in loco parentis (i.e.,
in place of a parent) to the employee when the employee was a child); sibling (biological,
step, foster, adopted); child (biological, step, foster, adopted, miscarried, still born, legal
ward, a child of a domestic partner, or a person to whom the employee stands in loco
parentis); grandparent (biological, in-law); and grandchild (biological, adopted).
Bereavement leave is not authorized for a death that occurred before the employee’s hire
date with the City of San Diego.
B. Bereavement Leave Hourly Totals
Five days of FEHA Bereavement Leave is the equivalent of 40 hours for full-time employees,
30 hours for three-quarter time employees, 20 hours for half-time employees, and 10 hours
for non-standard employees.
Paid Bereavement Leave is prorated for three-quarter time employees at 30 hours and half-
time employees at 20 hours per fiscal year of this MOU. Non-standard hour employees are
not eligible for Paid Bereavement Leave.
C. Documentation
Documentation of the death of the family member (death certificate; published obituary;
written verification of death, burial, or memorial services from a mortuary, funeral home,
burial society, crematorium, religious institution, or governmental agency; employee
written attestation; etc.) or proof of miscarriage/stillbirth (a note from a healthcare
provider) must be submitted within 30 calendar days of when the employee returns to
work. Proof related to miscarriage/stillbirth may be submitted directly to the Human
Resources Department in lieu of the employee’s department payroll specialist or supervisor,
if preferred by the employee. If such proof is not submitted within the specified timeframe,
the bereavement leave will revert to available compensated leave, or unpaid leave, at the
employee’s direction.
D. Guidelines for Usage
Paid Bereavement Leave runs concurrently with FEHA Bereavement Leave. However, the
leave days need not be consecutive. For FEHA Bereavement Leave in excess of an
employee’s Paid Bereavement Leave allotment, the employee may use any accrued unused
leave available to the employee or unpaid leave. Both Paid Bereavement Leave and FEHA
Bereavement Leave must be taken in whole-hour increments.
Bereavement leave must be taken within 12 months of the covered death, not to exceed 40
hours of Paid Bereavement Leave total for any one covered death, which is prorated for
three-quarter time and half-time employees. Unused Paid Bereavement Leave during a
fiscal year does not carry over to the next fiscal year.
Deputy City Attorneys Association of San Diego Memorandum of Understanding
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ARTICLE 10:
Mileage and Travel Reimbursement
Mileage reimbursement will be paid in accordance with the current IRS Standard Mileage Rates for
business reimbursement. Reimbursement for travel will be as provided in City policies governing
reimbursement for travel.
ARTICLE 11:
Management Rights
Unless specifically in conflict with this MOU, all Management rights remain vested exclusively with
the City Attorney. City Attorney Management rights include, but are not limited to:
A.
All rights vested in the City Attorney pursuant to Charter section 40;
B.
The exclusive right to determine the mission of the Office and all of its departments;
C.
The right of full and exclusive control of the management of the Office; 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;
D.
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 or positions within
the Office;
E.
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;
F.
The right to change or introduce different, new, or improved operations, technologies,
methods or means regarding any City Attorney work, and to contract out for work;
G.
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;
H.
The right to establish and enforce employee performance standards;
I.
The right to schedule and assign work;
J.
The right to hire, fire, promote, discipline, reassign, transfer, release, layoff, terminate,
demote, suspend, or reduce in step or grade, all employees;
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 or City Attorney investigation;
Deputy City Attorneys Association of San Diego Memorandum of Understanding
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L.
The right to maintain order and effective and efficient operations;
M.
The right to establish rules for the management and operation of the Office, including rules
to maintain discipline and efficiency.
N.
Take all necessary actions to carry out its mission in emergencies; and
O.
Nothing in this Article shall be construed to limit or abrogate any constitutional or statutory
rights of any employee.
ARTICLE 12:
DCAA Communications
A.
Bulletin Boards
The City Attorney will furnish for the exclusive use of DCAA, adequate bulletin boards at
reasonable locations. Additional bulletin boards or locations may be made available by
mutual agreement as additional changes occur in work site locations during the year. DCAA
representatives shall have access at any time to the bulletin boards. The bulletin boards and
only these designated bulletin boards shall be used only for the following subjects:
1.
Information on DCAA elections and the results, reports and notices.
2.
Reports of official business of DCAA, including reports of committees or the Board of
Directors.
3.
Scheduled DCAA meetings and news bulletins.
DCAA agrees not to post controversial material, political material, or any material that
violates the City’s harassment policy and to remove dated material in a timely manner.
B.
Mail Boxes
DCAA can utilize attorney mailboxes for information related to DCAA business. The
information placed in attorney mailboxes shall relate to DCAA affairs such as reports of
official business and meeting schedules. DCAA agrees not to place controversial or political
material in attorney mailboxes.
C.
Email
DCAA can utilize City’s e-mail system for DCAA business, such as reports of official business
and meeting schedules. DCAA agrees not to use the email system for political matters, and to
comply with all City policies regarding the use of City’s email system.
ARTICLE 13:
Professional Education
A.
Bar Dues
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The City will pay 100% of the cost of employees’ California State Bar dues and dues for the
San Diego County Bar Association. This section does not entitle an employee to have the City
pay section membership dues.
B.
Reimbursement for Job-Related Training and Professional Development
Effective Fiscal Year 2021, the City will reimburse each employee up to $2000 per fiscal year
for attending Continuing Legal Education, seminars, training and other educational or
professional development events which will maintain or enhance the member’s job-related
skills or knowledge or contribute to the employee’s broadening and diversification of their
skills. Due to the necessity and demands of performing work remotely during the
coronavirus pandemic and the changing workplace environment expected post-pandemic,
for the term of the MOU effective July 1, 2021, the City of San Diego and its City Attorney’s
Office have agreed to allow DCA’s to continue using the $2,000 of professional development
funds provided by this Article for purchasing job-related equipment, such as laptops,
computer monitors, printers, and workspace equipment.
Reimbursement is subject to the following requirements:
1.
Employee must submit a request for approval of the proposed reimbursable item in
advance of attendance or purchase and obtain pre-approval by the City Attorney.
Requests for approval must include the cost of the item or event as well as the likely
expenses associated with the event, such as mileage, air fare, hotel, meals, rental car,
and taxi expenses. Approval shall not be unreasonably denied by the City Attorney.
2.
Employees must submit a request for reimbursement to the City Attorney within 60
days of completion of the specific course or purchase of the item for which
reimbursement is being sought. The request for reimbursement must include receipts
for all actual expenses incurred, in order to receive reimbursement. Employees will be
reimbursed at the allowable per diem and U.S. GSA rates, as outlined in the City’s
Travel Policy (A.R. 90.30) or other City policies as applicable.
3.
For participatory related expenses, such as attending conferences, seminars and
Continuing Legal Education, the employee must also submit satisfactory evidence of
attendance in order to receive reimbursement.
4.
Attendance at pre-approved professional development events under this Article is
considered compensable time. An employee will receive his or her salary for up to five
working days per event while attending pre-approved professional development
events. However, an employee must use leave time for absences for professional
development after five days.
5.
The following types of classes, courses, seminars and materials shall be eligible for
reimbursement under this section II: Continuing Legal Education, attending
conferences, seminars, or trainings, related to the employees’ practice or duties, bar
association dues, national, state and local bar section dues, subscriptions to legal
journals or other legal periodicals, and legal source and reference materials.
6.
To be eligible for reimbursement under this section II, proposed job-related
equipment purchases must (1) fall within an equipment category, (2) meet or exceed
minimum specifications, and (3) be within purchase frequency limitations detailed in
the City Attorney’s Office Equipment Employee Purchase Policy (EPP).
Reimbursement is not available for job-related equipment purchases prior to
receiving approval for reimbursement. Ownership of equipment purchased using
Deputy City Attorneys Association of San Diego Memorandum of Understanding
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funds provided under this section II is determined pursuant to the EPP Ownership
Schedule. Reimbursement may not be sought for a portion of the price of job-related
equipment. Rather, to obtain reimbursement, an employee must have a sufficient
professional development funds balance to receive reimbursement of the entire
purchase price.
7.
For Fiscal Year end, expenses must be approved and expended by June 30 of the
fiscal year, and receipts submitted for reimbursement by July 1 to qualify for the
prior fiscal year.
C.
Discretionary Reimbursement
In addition to reimbursable items under sections I and II above, employees may request
reimbursement for additional professional development that (1) does not meet the
professional development requirements set forth in section II above or (2) would cause the
employee to exceed the $2,000 per fiscal year cap. This section III does not apply to
reimbursements for the purchase of job-related equipment. Requests under this section
must be pre-approved by the City Attorney in advance and approval shall be subject to the
City Attorney’s sole discretion. Employees requesting reimbursement under this section III
must comply with the requirements of section II A through E above.
ARTICLE 14:
Review of Performance and Discretionary Merit Increases
A. Effective July 1, 2009, a new structured salary schedule will be implemented. (See Appendix
A, “DCAA Salary Schedule,” which is attached and incorporated into this MOU.) This salary
schedule is established solely pursuant to this Memorandum of Understanding. Deputy City
Attorneys at all grades fall under the City employee classification of “Deputy City Attorney”
in the Unclassified Service. Management has the affirmative duty to provide the employees
with written performance evaluations; however, failure to provide the required written
performance evaluation shall not be the basis for the denial of step advancement for
employees in the DCA I, II, III, or IV grades as outlined below. Nothing contained herein shall
affect the City Attorney’s authority to hire a Deputy City Attorney at any salary.
1.
Deputy I and II
Management of the Office will review the performance of employees in the DCA I and
II grades every six months, in approximately June and December. Employees in the
DCA I and II grades who have served at least six months at their current step will
receive a step increase at the time of review, unless there is prior written finding in
the form of a performance review that the DCA has rendered less than satisfactory
performance. All step increases will be effective on the first day of the last pay period
of the fiscal year that includes July 1 and the first day of the first pay period of the
calendar year that includes January 1 of each year.
2.
Deputy III
Management of the Office will review the performance of employees in the DCA III
grade once per year, in approximately June. Effective July 1, 2010, employees in the
DCA III grade who have served at least one year at their current grade will receive a
step increase at the time of review, unless there is a prior written finding in the form
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of a performance review that the DCA has rendered less than satisfactory
performance. All step increases will be effective on the first day of the last pay period
of the fiscal year that includes July 1 of each year.
3.
Deputy IV
Management of the Office will review the performance of employees in the DCA IV
grade once per year, in approximately June. Employees in the DCA IV grade who have
served at least one year at their current grade will receive a step increase at the time
of review, unless there is a prior written finding in the form of a performance review
that the DCA has rendered less than satisfactory performance. See Appendix A. All
step increases will be effective on the first day of the last pay period of the fiscal year
that includes July 1 of each year.
4.
Deputy V and Deputy VI
Management of the Office will review the performance of employees in the DCA V and
DCA VI grades once per year, in approximately the month of June. These employees
will be eligible to receive an increase of one or more percent at the time of review,
provided that the increase is at the sole and absolute discretion of the City Attorney,
is based on merit, and is within the budgetary constraints of the City Attorney.
5.
Pilot Program for Term of MOU
As a pilot program for the term of the MOU, DCA V and DCA VI grades who have
served at least one year at their current grade will receive a two percent increase
effective July 1 of each year of this MOU if the employee receives a rating of
satisfactory or above on their current performance evaluation. These employees will
also be eligible to receive an additional increase of one or more percent at any time
during the fiscal year, provided that the increase is at the sole and absolute
discretion of the City Attorney, is based on merit, and is within the budgetary
constraints of the City Attorney. Any discretionary increase awarded under this pilot
program will be effective upon the determination of the City Attorney that a
discretionary increase should be awarded. A DCA who is on a performance
improvement plan or who has a performance review that states that the DCA has
rendered less than satisfactory performance will not qualify for the two percent
annual increase. Section A.5 of this Article will be effective July 1, 2023, or the first
full pay period following Council approval of this MOU, whichever is later. This pilot
program will terminate upon the expiration of the MOU.
B. Progression Between Grades
Placement in, and progression between grades shall be in the sole and absolute discretion of
the City Attorney.
C. DCAA Performance Evaluation Process
The Parties have developed an agreed-upon performance evaluation process for employees
in the DCAA Bargaining Unit. As such, during the term of this MOU, the Office will conduct
performance evaluations consistent with the procedures developed by the Parties.
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ARTICLE 15:
Grievance Procedure
A.
This Grievance Procedure is provided for the orderly and efficient disposition of grievances.
A grievance is as defined below, except that this Grievance Procedure does not apply to
employment termination. This Grievance Procedure in no way limits the City Attorney’s
management rights as expressed in Article 10 of this MOU, nor does it change the fact that
the City Attorney has the sole and absolute discretion to discipline, demote, terminate, or
alter the employment relationship with any employee in accordance with Articles 15 and 26
of this MOU.
B.
The Parties recognize that City has other complaint procedures. This Grievance Procedure is
not intended to limit or prohibit an employee from filing a complaint under any other
City policy that is applicable to that employee, nor does it prohibit an employee from filing a
complaint with an administrative agency or a court of law, once the employee has exhausted
this grievance procedure with respect to violations of this MOU.
Definitions
1. The term “grievance” means a claimed or charged violation of this MOU, or
Management policies or regulations including, but not limited to, applicable
Administrative and Departmental Regulations which affect wages, hours, or other
terms and conditions of employment.
2. The term “grievant” means an individual employee or the DCAA.
3. The term “working days” means the actual work days of the individual on whom the
time limits are imposed, excluding Saturdays, Sundays, and City holidays.
Policy
1. Employees have the right to file grievances without jeopardizing their positions.
2. Employees may represent themselves or be represented by a DCAA Representative
designated pursuant to this MOU at any or all steps in the grievance procedure.
a. The employee has the right to the assistance of a DCAA representative in the
investigation, preparation and presentation of a grievance.
b. Employees may have no more than one employee and one non-employee as
representatives for a grievance hearing. A person not acting as a
representative may take notes or observe.
3. Grievances may be initiated by the employee and/or a DCAA representative on the
employee’s behalf. If an employee chooses to have representation on any formal
grievance concerning a matter that directly involves the interpretation or application
of the specific terms and provisions of this MOU, the representation must come from
DCAA.
4. The employee’s or DCAA’s first contact regarding job and working conditions is with
their immediate supervisor. The supervisor and the grievant shall attempt to settle
grievances informally at this level.
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5. A grievance will normally be presented and processed on City time, and a grievant
attending a grievance meeting on their own behalf on City time will not lose pay. In
scheduling the time, place and duration of any grievance meeting, the employee,
and/or the DCAA Representative and Management will give due consideration to the
operations of the City Attorney’s Office. Management has the unequivocal right to
schedule grievance hearings as convenient. Hearings may or may not be held during
an employee’s normal shift.
6. Actions which are covered in the Management Rights Article of this MOU are not
grievable, but this does not preclude employees or their representatives from
consulting with Management about the practical consequences the exercise of the
Management Rights Article may have on wages, hours, and other terms and
conditions of employment. In addition, actions covered by another applicable appeals
process are not grievable and cannot be processed through this grievance procedure.
7. If the grievance system is abused by an unreasonable number of submittals by one
individual or group, or if the grievances are patently irrelevant or incomprehensible,
such grievances will be rejected as non-grievable. The rejection is grievable.
Waivers and Time Limits
1. Failure by Management to reply to the grievant’s grievance within the time limits
specified in this Article automatically processes the grievance to the next level.
2. Any level of review, or any time limits established in this procedure, may be waived
or extended by mutual agreement confirmed in writing.
3. If a grievant fails to appeal from one level to the next level within the time limits
established in this grievance procedure, the grievance shall be considered settled on
the basis of the last decision and the grievance shall not be subject to further appeal
or reconsideration.
4. By mutual agreement, the grievance may revert to a prior level for reconsideration.
5. If a grievant fails to appear for a scheduled grievance meeting, the failure to appear
without an approved excuse by the Appointing Authority entitles Management to
decide on the grievance without the presence of the grievant, or to schedule another
meeting at that level (in which case the time requirements for hearing and decision
are automatically waived). Failure to appear at two meetings on the same grievance
without an approved excuse automatically terminates the grievance and it is deemed
denied. The grievance shall then not be subject to further appeal or reconsideration.
6. When a grievant is on approved leave the time limits established in this procedure
shall be suspended for the period of the leave.
7. No grievance shall be finally dismissed for an unexcused failure to appear at a
scheduled hearing unless the grievant had been given at least twenty-four hours
advance notice of the hearing.
8. Management shall provide DCAA with copies of all grievances regarding this MOU
filed by employees, within DCAA Bargaining Unit, who choose to represent
themselves.
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9. DCAA agrees to pursue all claims of violation of this MOU through the grievance
procedure. Resort to other remedies shall not be pursued until all steps of the
grievance procedure have been exhausted. If the grievant resorts to remedies outside
the grievance process prior to its completion, the grievance process is automatically
terminated. When DCAA reasonably believes that an employee will experience
immediate and irreparable harm, DCAA will directly contact the Assistant City
Attorney – Executive Operations prior to initiating some other type of action. DCAA
must allow the City Attorney's Office a reasonable period of time to address the
grievance prior to initiating action outside of the City. Use of this procedure shall be
deemed to exhaust the grievance procedure.
General
1. Management of the department has the responsibility to inform a grievant of any
limitation of a given level of Management’s authority to fully resolve the grievance.
In this regard, Management shall:
a. Supply the grievant with the necessary and relevant information to process
the grievance at the proper step of the grievance procedure.
b. Advise a grievant when any matter under submission is determined by
Management as not grievable according to the definitions in section A. The
“grievance” paperwork submitted by the grievant shall be returned to the
grievant along with a memorandum explaining why the matter is not
grievable and what alternative procedures, if any, the grievant may follow to
process their complaint. If a grievance is determined to be nongrievable, that
decision may be appealed to the next step without reverting to a lower step. A
decision favorable to the grievant at this step in the grievance procedure
serves to reinstate the original grievance in whole.
2. When a group of identical grievances develop, only one grievance form shall be
submitted. The grievants may select not more than two spokespersons who will be
their representative “grievants.” The acceptance of the decision by the spokespersons
at any step (or final decision if the grievance moves to the Step 3) will be binding on
all Parties.
3. A grievance shall be recognized if it is brought to the attention of the immediate
supervisor either informally or formally within fourteen (14) working days of the
incident’s occurrence, unless an extension was approved by the City Attorney's Office.
4. If the grievance is between the employee and their immediate supervisor, Step 1 may
be to the employee’s next higher-level supervisor.
5. To be recognized, a grievance must state which policy, rule, regulation, etc., is
involved in the matter and the nature of the remedy sought by the grievant. In the
event that the grievance is rejected for failure to state which policy, rule, regulation,
etc., is involved, it may be amended by the grievant.
The Grievance Procedure steps are as follows:
1.
First Step – Chief Deputy: In order to minimize the possibility of misunderstanding,
an employee shall discuss the problem or grievance with the Chief Deputy of their
unit within fourteen calendar days of the occurrence of the problem creating the
grievance. The Chief Deputy or their designee will investigate the matter and attempt
Deputy City Attorneys Association of San Diego Memorandum of Understanding
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to provide a solution or explanation within fourteen calendar days after the grievant
reported the grievance, unless additional time is required under the circumstances. At
the grievant’s sole option, grievances may be presented to the Chief Deputy either
orally or in writing. Through either presentation method, it must be clearly identified
as a grievance made pursuant to the terms of this MOU. If the complaint is presented
orally, the procedure is informal and may be settled by an oral answer given within
five calendar days to the grievant. If the grievance is presented in writing, the
procedure is formal, a meeting with the grievant and DCAA shall be held, and the
answer must be given in writing within five calendar days after the meeting at which
the supervisor was given the written grievance.
2.
Second Step – Assistant City Attorneys: If a grievant does not receive a satisfactory
answer or resolution as a result of the First Step of this procedure, grievant, if not
already done in the First Step, will reduce the grievance to writing and present the
grievance to their supervising Assistant City Attorney or their designee, and an
Assistant City Attorney or their designee who was not previously involved in the
process or the issue subject to the grievance, within fourteen calendar days after
receiving the explanation from the Chief Deputy referred to in the First Step of this
procedure. After receiving the written grievance, the Assistant City Attorneys or their
designees, will promptly schedule a meeting to provide the grievant with an
opportunity to present the problem personally. Within fourteen calendar days after
that meeting or a longer period if required under the circumstances to properly
investigate and consider the matter, the Assistant City Attorneys or their designees
will provide the grievant with a verbal or written response to the grievance.
3.
Third Step – City Attorney: If a grievant is not sa
tisfied with the decision at the
Second
Step of this procedure, they may request in writing, within fourteen
calendar days after receiving the response from the Assistant City Attorney, , an
appointment to meet with the City Attorney or their designee who was not
previously involved in the process or the issue subject to the grievance. The City
Attorney, or their designee, will discuss the concern with the greivant and
investigate the basis for the grievance. The Assistant City Attorney’s decision
shall be provided to the City Attorney and the grievant, within 14 days and may be
reviewed and considered by the City Attorney before any final decision is made.
The City Attorney or their designee will provide either a verbal or written decision
to the grievant within fourteen calendar days after that meeting, unless they
determine that additional time is required under the circumstances. The decision
regarding the grievance at this
step is the final decision of the City Attorney.
4.
It is the City Attorney’s intention to be fair and impartial in order to establish the
smoothest working relationship possible. No employee will be discriminated or
retaliated against, or in any way penalized, for using this procedure.
ARTICLE 16:
Disciplinary Actions and Lay-Offs
A.
Covered DCA Terminations or Suspensions for Cause
1.
A “Covered Deputy City Attorney” (“Covered DCA”) is a Deputy City Attorney who has
served continuously as a Deputy City Attorney with the Office for one year or more. A
Covered DCA is also a City employee who transfers to a Deputy City Attorney position
from an unclassified, unrepresented position within the City if the Deputy City
Attorney (a) was previously a Deputy City Attorney with the Office for at least one
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year and (b) has had no break in City Service in the one year immediately before the
transfer.
2.
For any Covered DCA who the City Attorney is considering terminating or
suspending for cause, the following procedural steps will apply:
a.
The City Attorney or designee will first provide the Covered DCA with a
written “Advance Notice,” e.g., Advance Notice of Termination, setting forth
the specific disciplinary action proposed, the grounds for the action, and all
the materials supporting the proposed action. The Advance Notice will notify
the Covered DCA of their right to be heard in an informal meeting prior to the
discipline becoming final and their right to have representation at the
informal meeting.
b.
The City Attorney may place the Covered DCA subject to termination or
suspension on paid administrative leave, with the Covered DCA to remain out
of the workplace, pending final resolution of the discipline, including any
appeal. If not placed on paid administrative leave, the Covered DCA will
remain in the workplace and may be subject to a change in their assigned
work or unit.
c.
At least five business days following the issuance of the Advance Notice, an
informal meeting will be held between the Covered DCA and a City Attorney
designee to discuss the proposed discipline, unless the meeting is waived by
the Covered DCA in writing. The Covered DCA may be accompanied at the
informal meeting by a DCAA representative.
d.
Following the informal meeting, the City Attorney will provide the covered
DCA with a written Notice of Termination or Notice of Suspension, if
determined appropriate, stating the specific disciplinary action being brought
against the Covered DCA, the grounds for the action, all the materials
supporting the action, and the effective date of the action, which must be at
least fifteen business days after the date the Notice is issued. The Notice will
advise the Covered DCA of their right to appeal the termination or
suspension, and their right to present witnesses, confront adverse witnesses,
and be represented at an appeal hearing. The Covered DCA may be
represented by counsel at the appeal hearing, at the expense of the Covered
DCA.
e.
Within five business days of the Covered DCA’s receipt of the Notice of
Termination or Notice of Suspension, the Covered DCA may request an appeal
hearing by submitting a written request to the City Attorney.
f.
If the Covered DCA requests an appeal hearing, the hearing will be held within
five business days after the Covered DCA’s submission of their request for an
appeal, unless an extension of time is mutually agreed upon in writing. The
appeal hearing will be conducted by an unbiased hearing officer, who is either
an Assistant City Attorney from a division other than that of the Covered DCA
or, at the sole discretion of the City Attorney, a designee from outside the
Office. If the appeal hearing officer is to be an Assistant City Attorney, the
Covered DCA may choose the Assistant City Attorney from a list of at least two
Assistant City Attorneys who have not participated in the Covered DCA’s
disciplinary process. At the appeal hearing, the Assistant City Attorney who
serves as the supervisor of the Covered DCA, or their designee, will present
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evidence supporting the termination or suspension. The Covered DCA or their
representative will be provided with an opportunity to present evidence,
confront adverse witnesses, and present witnesses on behalf of the Covered
DCA. The City Attorney shall contemporaneously make and maintain a record
of the appeal hearing, which may be by audio recording.
g.
Following any appeal hearing, the appeal hearing officer will provide the
Covered DCA with a written decision, setting forth whether there is sufficient
evidence to uphold the charges, the evidence relied upon, and the reasons for
the determination. The appeal hearing officer shall uphold, reverse, or modify
the proposed discipline. The written decision will be provided to the Covered
DCA within five business days following the appeal hearing. The written
decision will include a notice of the final effective date of the discipline, if
applicable.
h.
If a termination is upheld, the Covered DCA will receive three weeks’ pay from
the date of the Notice of Termination, minus any amount of pay already
received.
i.
Regardless of whether the Covered DCA decides to appeal the termination or
suspension, the Covered DCA will receive the equivalent of three weeks’
notice, three weeks’ pay in lieu of the notice, or a combination of notice and
pay, at the City Attorney’s discretion, prior to the effective date of the
termination or suspension. Any payment made in lieu of notice under this
Article will be paid as of the effective date of the termination. In all cases, the
employee will take appropriate steps to transition their duties to other
attorneys in the Office.
j.
Nothing included herein precludes the City Attorney from being involved in
making the original disciplinary decision.
B.
Non-Covered DCA Terminations, Other than Layoffs
Any DCAA represented employee , who is not a Covered DCA within the meaning of
Paragraph A above, who has been terminated for any reason, other than a layoff due to lack
of work, lack of funds, or reorganization, may, within five business days of their
termination, request a meeting with the City Attorney or designee to discuss the termination
decision. The meeting will occur within ten business days of receipt of the request.
C.
Layoffs
1.
In the event the City Attorney decides a layoff of Deputy City Attorneys is necessary,
due to lack of work, lack of funds, or reorganization, the City Attorney will comply
with the Meyers-Milias-Brown Act.
2.
The Parties will continue the current negotiations regarding a layoff procedure in
accordance with San Diego Charter sections 30 and 40.
D.
Written Counselings, Written Warnings, and Reprimands
Written counselings, written warnings, or reprimands will be kept for a minimum of four
years in accordance with Government Code section 12946. Written counselings, written
warnings, or reprimands more than four years old will not be considered for purposes of
promotions, transfers, special assignments, or disciplinary actions, except such may be
Deputy City Attorneys Association of San Diego Memorandum of Understanding
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considered in disciplinary actions involving similar misconduct.
ARTICLE 17:
Inspection of Employee Personnel File
A.
Each employee has the opportunity to inspect the contents of their personnel file at
reasonable times and at reasonable intervals, provided sufficient advance notice is given to
Management of the Office of the employee’s desire to do so. The inspection is limited to
those records that the employee has the right to inspect under California Labor Code section
1198.5.
B.
A copy of any document which reflects negatively on an employee’s performance that is
placed in the employee’s personnel file shall also be provided to the employee and signed
and dated by the author. At the employee’s request, the Office will place into an employee’s
personnel file a written response to any adverse document placed in an employee’s
personnel file.
ARTICLE 18:
DCAA Matters
A.
DCAA may, with the prior approval of Management, be granted the use of City Attorney
meeting room facilities for meetings of its members. Membership meetings shall not be held
during work hours.
B.
The City Attorney recognizes the right of DCAA to designate employee representatives from
the employees in the Bargaining Unit. DCAA reserves the right to designate the method of
selection of employee representatives. DCAA shall notify management of the Office in writing
of the names of its employee representatives and shall also provide notice in writing of any
changes regarding employee representatives and who they are replacing.
C.
When formal meetings are scheduled for the purpose of meeting and conferring on subjects
within the scope of representation, DCAA may be represented by up to four members
designated by DCAA. For purposes of conferring on a successor MOU, DCAA may designate up
to four DCAA members to participate. Additional representatives may attend upon mutual
written agreement of the Parties. These employees may attend these meetings during
regular work hours without loss of compensation or other benefits. Nothing provided in this
Article limits or restricts Management from scheduling meetings before or after regular duty
or work hours under appropriate circumstances.
D.
Designated DCAA representatives will be entitled to devote a reasonable amount of time to
the representation of its members, such as grievance handling, attending disciplinary
meetings, and addressing meet and confer issues, during the course of the work day. This
time will not result in a reduction in workload from current levels. At the time of the
designation, DCAA will provide to Management contact information for its representatives.
E.
The City will provide DCAA, at least every thirty (30) days, with a current alphabetized list of
DCAs contact information.
F.
New Employee Orientation
1. The City and DCAA mutually agree that the structure, time, and manner of DCAA’s
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access to the City’s New Employee Orientation Program (NEO) in accordance with
the requirements of California Government Code section 3557 is as expressly stated
in this Article.
2. City agrees to provide DCAA with an opportunity to make presentations to new
employees during the benefits portion of the City’s NEO or a separate meeting with
new employees who do not attend the City’s NEO. These presentations will be, but
not exceed 45 minutes, and will be restricted to employees in job classifications
represented by DCAA. DCAA will be provided a separate room for their presentation.
3. DCAA will have access to the City’s NEO that will be held at least twice a month. The
NEO will cover City policies, procedures, and benefits for new hires. The NEO will be
conducted in-person and attendance by affected employees will be mandatory
within 30 calendar days from the new employee’s hire date. The City and DCAA agree
that the City may determine that due to operational needs or a declared state of
emergency by the Mayor or City Council the NEO may be moved from in-person to
any virtual platform with reasonable advance written notice to DCAA.
4. The City will provide DCAA with at least 10 calendar days’ notice in advance of the
date of an NEO, except that a shorter notice may be provided in a specific instance
where there is an urgent need critical to the City's operations that was not
reasonably foreseeable. The City must not disclose the date, time, and place of the
NEO to anyone other than the City's agents involved in the NEO, the affected
employees, DCAA, or a vendor contracted to provide a service for purposes of the
orientation. Absent the ten (10) day notification, the DCAA will be provided the
identity of the new employee and an opportunity to meet with the employee at a City
location while employee is on duty.
ARTICLE 19:
Union Security
A.
The City agrees to deduct and transmit to DCAA all membership dues. The City will deduct
membership dues on a bi-weekly basis, in accordance with the provisions of this section.
The City and DCAA agree that the system of authorized dues deductions will be operated in
accordance with the Government Code, or other controlling federal or state law. If anything
in this Article conflicts with any existing or future federal, state, or local law or regulation,
then the law or regulation controls and the conflicting provision in this MOU is deemed void
and unenforceable. In the event there is a change to controlling federal or state regulations,
the City and DCAA agree to meet and confer over an impacts subject to bargaining in
accordance with the Meyers-Milias-Brown Act.
B.
DCAA will set the amount of membership dues and other lawful deductions and notify the
City of these amounts in writing. DCAA will also provide the City with the list of DCAA
employees who have affirmatively consented to or authorized dues deductions. The City will
not request DCAA to provide a copy of any member’s authorization unless a dispute arises
about the existence or terms of the authorization. To the extent permitted by law, the City
will rely on the information provided by DCAA in processing dues deductions for DCAA
members. DCAA is responsible for providing the City with timely information regarding
changes to member employees’ dues deductions.
C.
DCAA agrees to indemnify, defend, and hold harmless the City, including its officers,
representatives, and agents, against all liability arising from any claims, demands, or other
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action relating to the City’s compliance with this Article. This agreement to defend and
indemnify includes liability arising from or related to the active or passive negligent acts or
omissions of the City, its officers, representatives, and agents, which may be in combination
with the active or passive negligent acts or omissions of the DCAA, its employees, agents, or
officers, or any third party. In addition, the DCAA will refund to the City any amounts paid to
it in error after the City provides DCAA with supporting evidence of the error.
D.
When a member is in a non-pay status for an entire pay period, the City will not deduct any
dues to cover that pay period from any future earnings nor will the member deposit (with
the City) the amount that would have been withheld if the member had been in a pay status
during that period. When an employee is in a non-pay status during only a part of the pay
period and the employee’s salary is not sufficient to cover the full dues amount, the City will
not deduct any dues to cover that pay period.
E.
No provisions of this Article nor any disputes arising from it are subject to the grievance and
arbitration procedure set forth in this MOU.
F.
Payroll Deductions
1.
The City will deduct DCAA dues bi-weekly from the salaries of employees, who are
members of DCAA, when the deductions are certified by DCAA, in accordance with
federal and state law. The City will remit the aggregate amount of all DCAA dues
deductions bi-weekly after completing the payroll process for each pay period in
which DCAA dues’ deductions were made.
2.
The City will deduct DCAA dues in a specified amount based on the information
provided by DCAA. DCAA must provide information on dues’ deduction authorizations
and cancellations on a timely basis, in accordance with state law. If an employee
submits a payroll deduction authorization change to the City which has not been
processed by DCAA, the City will direct the employee to the DCAA promptly. The City
will continue to deduct dues in reliance on the information provided by the DCAA,
until the DCAA notifies the City of a deduction change authorization.
3.
Payroll authorization may, at the election of the DCAA, be for a specific term. The
responsibility to enforce this provision lies solely with the DCAA.
ARTICLE 20:
Employee Rights
A.
The Parties mutually recognize and agree to fully protect the rights of all employees covered
by this MOU to join and participate in the activities of DCAA (outside of work time).
B.
No employees shall be interfered with, intimidated, restrained, coerced or discriminated
against because of the exercise of these rights.
C.
The Parties, in the conduct of their affairs, shall apply the provisions of this MOU equally to
all covered employees without favor or discrimination based on any of the protected classes
or categories listed in City’s Equal Employment Opportunity (EEO) Policy – Annual
Statement, or because of political or religious opinions or affiliations.
ARTICLE 21:
Provisions of Law
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If any part or provision of this MOU is in conflict or inconsistent with applicable provisions of
federal, state or local laws or regulations, or is otherwise held to be invalid or unenforceable by an
agency or court of competent jurisdiction, those parts or provisions shall be suspended and
superseded by applicable laws or regulations, and the remainder of the MOU shall not be affected.
ARTICLE 22:
Holidays
A.
Fixed Holidays
1.
Fixed Holidays will be:
a.
January 1;
b.
Third Monday in January, known as “Dr. Martin Luther King, Jr.’s Birthday”;
c.
Third Monday in February, known as “Presidents’ Day”;
d.
March 31, known as “Cesar Chavez Day”;
e.
Last Monday in May, known as “Memorial Day”;
f.
June 19, known as “Juneteenth”;
g.
July 4;
h.
First Monday in September, known as “Labor Day”;
i.
November 11, known as “Veterans; Day”;
j.
Fourth Thursday in November, known as “Thanksgiving Day”; and
k.
December 25; and
l.
Every day appointed by the City Council for a public fast, thanksgiving or
holiday.
2.
If City Council changes City holidays, the Parties will re-negotiate the holidays for
employees.
3.
If January 1, March 31, June 19, July 4, November 11, or December 25 fall on a Sunday,
the Monday following is City-observed holiday. If any of the dates listed in this
section fall on a Saturday, the preceding Friday is City-observed holiday.
B.
Floating Holiday
1.
In each fiscal year covered by the term of this MOU, each eligible employee available
for a duty assignment on July 1, (as defined in Personnel Regulation Manual Index
Code H-2) shall accrue credit for hours of holiday time equal to the hours worked in
the employee’s normal work day of up to eight hours. Each employee accruing such
time shall schedule their floating holiday to comply with the following conditions:
a.
Employee must schedule the floating holiday prior to June 1;
b.
The floating holiday must be a one-time absence and it must be used before
the last day of the last full pay period in June; and
c.
The floating holiday must be taken at a time convenient to the City Attorney or
their designee.
ARTICLE 23:
Direct Deposit
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The City Attorney agrees to offer direct deposit of employee paychecks. All employees who choose
to electronically deposit their paychecks to a financial institution of their choice (subject to
electronic compatibility) will be required to provide authorization to the Department of Finance.
Employees will not be required to change financial institutions if their financial institution is not
compatible with the Automated Clearing House (ACH) transfer.
ARTICLE 24:
Parking and Transportation Program
A.
Parking
Employees who use the Concourse Parkade, Central Library, or Civic Center Plaza, Mission
Hills Library, Horton Plaza, or any other facility as designated by the Mayor; and pay on a
biweekly basis will be charged 25 percent of the prevailing general public monthly rate.
1.
The City will provide reimbursement to employees who have a monthly parking pass
and use the Concourse Parkade, Civic Center Plaza, Central Library, Mission Hills
Library, Horton Plaza, or other facilities designated by the Mayor, and carpool with
other City employees. The rate of reimbursement will be calculated so that an
employee who carries three riders will receive free parking.
2.
The City may expand parking opportunities to other facilities designated by the
Mayor. The City will engage the DCAA in any impact bargaining required under the
MMBA, related to new parking opportunities.
3.
Management agrees to make its best effort to negotiate with Parking Facility
Providers reduced rates comparable to those at the Concourse for employees assigned
to City facilities.
B.
Transportation Program
As part of the Transportation Alternative Program (TAP), the City will provide
transportation subsidies as outlined in section B.1 and a free transit pass as outlined in
section B.2 below. Employees may also participate concurrently in the City’s discounted
monthly parking program as outlined in section A. Transportation subsidies and free
transit passes can only be used by the City employee it is issued to. Employees in violation
of these provisions will not be eligible to participate in TAP.
1.
Transportation Subsidies
Employees must use these subsidized transportation services to commute to and
from work at least three days per week to be eligible.
a.
A City-approved vanpool program is subsidized at 90%, subject to a $100
monthly reimbursement cap.
b.
Use of the San Diego Bay Ferry is subsidized at 90%, subject to a $100
monthly reimbursement cap.
c.
The monthly Adult 2-Zones Coaster Pass and Adult 3-Zones Coaster Pass is
subsidized at 90%, subject to a $100 monthly reimbursement cap.
Deputy City Attorneys Association of San Diego Memorandum of Understanding
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d.
The SDM Coaster pass (3-Zones Senior/Disabled/Medicare Coaster Pass) is
subsidized at 90%, subject to a $100 monthly reimbursement cap.
2.
Free Transit Pass
The City will offer employees a free Universal Pass (U-Pass) through the San Diego
Metropolitan Transit System (MTS). Enrollment for the U-Pass will occur on a
rolling basis. The following terms apply for the U-Pass for the term of this MOU:
a.
If an employee receives a U-Pass for the year, the employee can also
participate in other TAP subsidies or reimbursements identified in this
Article for that same year.
b.
The U-Pass includes the following transit passes:
1. The All Trolley/Local Bus Pass (Regional)
2. The Rapid Express/Premium Pass
3.
If MTS discontinues or modifies the free transit passes or employer discount program
during the term of this MOU, the City will meet and confer before it adjusts the costs
of the program, but in no event, will the reimbursement be less than 75%, subject to
the $100 monthly reimbursement cap.
ARTICLE 25:
Recognition of City Policies
During the term of this MOU, all existing City policies and Administrative Regulations currently
applicable to DCAs will remain in effect. In addition, the following Administrative Regulations will
apply:
1.
A.R. 45.10 - Employee Transportation Authorization
2.
A.R. 63.00 - Industrial Leave
3.
A.R. 75.40 - Administration of Light Duty Program
4.
A.R. 95.60 - Conflict of Interest and Employee Conduct
5.
A.R. 95.89 - Parental Leave
6.
A.R. 95.90 - Unused Sick Leave and Accrued Annual Leave Reimbursement
7.
A.R. 95.91 - Rewards and Recognition
8.
A.R. 95.95 – Telework Program
9.
A.R. 97.00 - Substance Abuse Policy
10.
A.R. 97.10 - Threat Management Policy
11.
A.R. 97.20 - Weapon–Free Workplace Policy
ARTICLE 26:
Jury Duty Scheduling
When feasible and appropriate, Management agrees to make reasonable adjustments in an
employee’s work schedule when the employee is assigned to jury duty.
ARTICLE 27:
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DCAA Access for Non-Employees
A. DCAA paid non-City employee representatives (Authorized Representatives) will be granted
access to work locations in which employees covered by this Memorandum are employed,
for the purpose of conducting grievance investigations and observing working conditions.
Authorized Representatives seeking access to work locations must first request access from
the appropriate Management representative, at which time the Authorized Representatives
will inform the Management representative of the purpose of the visit. The Management
representative may deny access to a work location if, in their judgement, it is determined
that a visit will unduly interfere with the operations of the department or facility. In that
event, the Management representative will recommend an alternative time for the visit
within the next twenty-four hours unless the Management representative and Authorized
Representatives mutually agree on an alternative time for the visit. Authorized
Representatives will not unduly interfere with operations of the department during a visit.
B. Within thirty calendar days of the effective date of this Memorandum, DCAA will give to
Management a written list of all Authorized Representatives. The list will be kept current by
DCAA. Access to work locations hereunder will be granted only to representatives on the
current list.
C. Upon reasonable prior notice to CAO management, Authorized Representatives will be given
escorted access to work locations during working hours to conduct grievance investigations
and observe working conditions on the condition that Authorized Representatives will
comply with regulations established in this Article, and that Authorized Representatives
will not interfere with work operations of the department.
ARTICLE 28:
Employee Representation
An employee is entitled, upon their request, to representation by DCAA during an interview or
investigation by City representatives that the employee reasonably believes may result in
disciplinary action, during any meeting at which Management intends to issue written disciplinary
action, or to terminate an employee, and during any meeting conducted as an interactive process
under the ADA or FEHA to identify whether a reasonable accommodation is needed and, if so, what
reasonable accommodation might be offered. The employee shall be permitted to consult with their
representative, prior to the interview, investigation or meeting, provided the representative is
available within a reasonable time period. The DCAA representative may not disrupt the interview,
investigation, or meeting being conducted by the City. However, DCAA representative can make
suggestions, additions, or clarifications at an appropriate time during the interview, investigation or
meeting. Performance Review meetings are specifically excluded from this Article.
ARTICLE 29:
Fingerprinting
City shall bear the full cost of fingerprinting whenever fingerprinting is required of the employee.
ARTICLE 30:
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Copies of the Agreement
DCAA may obtain copies of this MOU from City by reimbursing City for their cost. City will provide
DCAA with an electronic version of this Agreement (MOU). The MOU will be posted electronically on
the City’s website in a location easily accessible to all DCAA-represented members.
ARTICLE 31:
Air Quality
A. The City agrees to inform DCAA when building or remodeling activities take place that
involve the removal or containment of asbestos.
B. In cases of emergency removal or containment of asbestos, City will comply will all
applicable state and federal laws, including the notification of employees in the affected
areas.
ARTICLE 32:
Weapon-Free Workplace
DCAA represented employees are prohibited from possessing or storing firearms, even if lawfully
owned, on the job or in City-controlled parking locations.
ARTICLE 33:
Volunteers
A.
City’s Volunteer Program is governed by City Council Policy 300-01. A “volunteer” is defined
as an individual or groups of individuals who offer themselves for some service or
undertaking without being compensated by City.
B.
In accordance with City Council Policy No. 300-01, City will continue to optimize the use of
volunteers where it is economically feasible, by developing volunteer opportunities
throughout City. Volunteers are to be utilized only to supplement and complement the work
performed by City personnel and without decreasing bargaining unit work or displacing
existing City personnel.
C.
Parties understand that departments participating in City’s Volunteer Program shall utilize
volunteers to perform a number of tasks necessary to support volunteer programs. Projects
performed by volunteers include, but are not limited to, the following:
1.
Legal Interns - supervised by Deputy City Attorneys, assist in drafting pleadings and
conducting legal research.
2.
Volunteer Attorneys (both Civil and Criminal Division) - attorneys who want
experience in criminal prosecution, community justice, civil litigation and civil
advisory matters.
3.
Retired Deputy City Attorneys - acting in a mentoring role based on extensive years
of experience with City.
Deputy City Attorneys Association of San Diego Memorandum of Understanding
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ARTICLE 34:
Labor Management Committee
The Management Team, as designated by the City Attorney, and DCAA will establish a joint Labor
Management Committee (LMC) for the purpose of informally discussing issues and maintaining
open communication between the Parties. The LMC shall meet at least four (4) times per year for a
duration that is mutually agreeable to both the Management Team and DCAA. Each party may
appoint up to three members to the LMC. The Parties understand that any discussions or proposals
made during LMC meetings are not considered meet and confer negotiations under the MMBA. The
Parties also understand that only agreements reached by mutual consent, reduced to writing, and
signed off on by authorized representatives of both Parties will be binding.
ARTICLE 35:
Flexible Work Arrangements
A. Flexible Work Arrangements
To better adapt to the changing landscape of the workplace, the City supports where
appropriate, flexible work locations and flexible work schedules to promote the City’s
Climate Action Plan and to optimize the use of City facilities and equipment. Based on a
Department’s operational needs and the job duties of a specific classification, various flexible
work locations and flexible work schedules, collectively referred to as “Flexible Work
Arrangements,” may be made available to employees. Flexible Work Arrangements could
include teleworking, alternative workstations, office sharing options for employees,
alternative work schedules, and alternating office and teleworking schedules.
1. Teleworking – is an alternative work arrangement agreement between the employee
and their Department where the employee may be permitted to work from their
home, rather than the employee’s permanent work location or other City-designated
alternative workstations at the discretion of the Department appointing authority.
Such an agreement may not be available if the employee’s job duties rely on in-
person services.
2. Alternative Workstation – is a City-designated alternative work location, shared by
one or more employees from various Departments, where an employee has access to
the City’s information technology systems and can work at the remote work location
rather than the employee’s permanent Department work location. Alternative
workstations are limited across the City and permitted on a case-by-case basis at the
request of the employee. Alternative workstations may be approved at the
Department appointing authority’s discretion for implementation in cases in which
there is no harm to departmental efficiency, productivity or costs, but will result in
benefits for employees.
3. Department Office Sharing – a Department-designated office space to be shared by
one or more employees within the Department who are participating in a Department
approved agreement on flexible work locations.
4. Alternative Work Schedules - Schedule alternatives to the traditional eight-hour day,
five-day work week, such as the 4/10 or 44/36 schedules and flexible hours within a
Department’s core hours.
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5. Alternating Office and Teleworking Schedule – is a hybrid flexible work location and
flexible work schedule. At the discretion of the Department appointing authority, an
employee may be permitted to telework for part of the workweek and to be in the
Department or City designated workspace for the remainder of the workweek.
B. For the Flexible Work Arrangement options described in section A above, the City will not be
required to provide a five working days’ notice prior to changing a flexible work location or
flexible work schedule unless extenuating circumstances warrant a 24-hour notice to return
to their original work schedule. All Departments and employees that participate in any Flexible
Work Arrangements will enter into a Flexible Work Agreement. The Flexible Work Agreement
is approved at the discretion of the Department appointing authority based on operational
needs and feasibility. Flexible Work Arrangements may be modified by the Department at its
sole discretion at any time for reasonable cause. This article is not subject to the grievance
procedure.
C. Teleworking
1. General Provisions
DCAs are expected to work all hours necessary to competently accomplish their
assignment and fulfill their responsibilities. It is an expectation and performance
metric that, in the normal course, DCAs are required to work at least eighty (80)
hours per pay period regardless of whether the DCA teleworks or works full-time in
the office.
DCAs are responsible for keeping management apprised of their schedule,
whereabouts, and the status of their work assignments. This includes providing a
general description of the work to be performed on a telework day if requested to do
so.
“Telework” or “Teleworking,” for purposes of this MOU, is defined in
Administrative Regulation (A.R.) 95.95.
DCAs must be productive while teleworking. A DCA’s decision to participate in
teleworking instead of working in the office full-time will not be considered when
measuring performance.
2. Policy
It is the policy of the City Attorney’s Office (CAO) that DCAs are eligible to telework,
subject to the terms of this Article 35, Office of the City Attorney Policy No. 6.00, and
A.R. 95.95. Teleworking does not change the duties, obligations, responsibilities, or
terms and conditions of City employment. Teleworking DCAs must comply with all
City rules, policies, practices, and instructions, as well as CAO-specific policies and
protocols.
Chiefs/Supervising DCAs/Lead DCAs are expected to monitor the work of teleworking
and non-teleworking DCAs under their supervision. When delegating new
assignments, supervisors are expected to review the workload of all employees
under their supervision and assign work equitably.
A supervisor must provide notice and a reasonable amount of time for the DCA to
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return to full-time, in-office work, unless operational needs require shorter notice
and return times. Examples of operational needs that may necessitate full-time, in-
office work include, but are not limited to, appearances in court, before
administrative bodies, or before the City Council that are protracted in duration or
require extensive in-person advance preparation with witnesses or staff. In the
event the Telework Program Agreement is denied, modified or terminated, the DCA
will be provided a written explanation for the action.
All City policies and procedures regarding the use of City computers/equipment and
remote access standards established by the City’s Department of Information
Technology and the CAO’s Information Technology unit, and all other City policies
and procedures, apply while a DCA is teleworking.
3. Eligibility
Eligibility to telework is based on both the job requirements of the position and the
DCA. DCAs are not eligible until they have been a DCA for a minimum of one year,
unless otherwise authorized by the City Attorney or their designee. A DCA whose
most recent performance evaluation included one or more ratings of “unsuccessful”
or DCAs who are currently on a Performance Improvement Plan are not eligible to
telework. DCAs who are not upholding CAO obligations, such as meeting
performance or conduct expectations, are not eligible to telework.
Unless deemed ineligible based on the above criteria, all DCAs are eligible to
telework up to three (3) days each work week, including DCAs who have flexible
work schedules.
4. Work Hours
All worksite rules apply to teleworking, including the Professional Work
Environment Policy (2021-04). Absent an approved flexible work schedule,
teleworking DCAs must generally perform designated work during scheduled work
hours and must be available during core business hours (Monday-Friday, 8 am-5
pm). In addition, teleworking DCAs must be accessible to their supervisor and team
during core business hours by telephone or email. For purposes of this policy,
accessible means that the DCA will respond to a telephone call from a CAO supervisor
within one hour, and an email that requires immediate attention within two hours.
The demands of a DCA’s practice may require in-person attendance at the CAO,
court, City Council/Committee meetings or other meetings during a normally
scheduled telework day. DCAs must be available to work at these regular worksites
for such functions even on teleworking days if the needs of their assigned unit
require it. Doing so does not create any right to flex an in-office workday to a
telework day.
Teleworking schedules must be approved by both a DCA’s unit/section Chief and
Division Assistant City Attorney. The grant or denial of a teleworking schedule, or of
a request to alter a regular teleworking schedule, is left to the discretion of Office
management (the City Attorney (or designee), Assistant City Attorneys, and Chief)
and is not grievable.
Any DCA’s request for intermittent and temporary changes to regularly scheduled
teleworking days must be approved by the unit/section Chief. This request to change
a regularly scheduled teleworking day should be accommodated by the unit/section
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Chief if the CAO’s operational needs are met.
DCAs must obtain approval for vacation, sick, or other leave requests in the same
manner as departmental employees who do not telework.
DCAs teleworking may be required to share an office or use an unassigned office
when working in the CAO on non-telework days.
ARTICLE 36:
Discretionary Leave
A.
During the term of this MOU, effective July 1, 2021, or the first full pay period following City
Council approval of this MOU, whichever date is later, all full-time employees will receive
twenty-four (24) hours of Discretionary Leave for use during each fiscal year of this MOU
and the Discretionary Leave identified in this Section has no eligibility requirements except
as set forth in this Section. Three-quarter time employees will receive eighteen (18) hours of
Discretionary
Leave for use during each fiscal year of this MOU. Half-time employees will receive twelve
(12) hours of Discretionary Leave for use during each fiscal year of this MOU. Discretionary
Leave does not continue at the expiration of the MOU.
B.
During Fiscal Year 2023 of this MOU, effective July 1, 2022, all fulltime bargaining unit
members will receive eight hours of Discretionary Leave for use during the Fiscal Year 2023
and the Discretionary Leave identified in this Section has no eligibility requirements except
as set forth in this Section. Three-quarter time employees will receive six hours of
Discretionary Leave for use during Fiscal Year 2023. Half time employees will receive four
hours of Discretionary Leave for use during Fiscal Year 2023. Discretionary Leave does not
continue at the expiration of the MOU.
C.
Each employee will schedule their Discretionary Leave hours in the same manner as annual
leave is presently scheduled pursuant to the Office’s annual leave guidelines.
D.
All leave granted under this Article must be used by June 30 of each fiscal year, or it will be
forfeited. The discretionary leave under this article does not have any cash value.
E.
Section C above does not amend, modify or alter any discretionary leave that may be granted
under Administrative Regulation 95.91 (Employee Recognition and Rewards Program).
ARTICLE 37:
Leave-Sharing Plans
A.
Catastrophic Leave Plan Program Description
1.
Purpose and Scope
Establish a City of San Diego-administered Catastrophic Leave Bank permitting City
employees to assist other City employees who face extended leaves without pay due to
a catastrophic occurrence in their lives. For the purpose of this plan, a “catastrophic
occurrence” is defined as any event that would qualify the employee for a leave under
the Uniformed Services Employment and Reemployment Rights Act of 1994
(USERRA), Americans with Disabilities Act (ADA), other local, state, or federally
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protected leave, and other extraordinary circumstances as determined by the Human
Resources Director or designee. Although this Program establishes a mechanism for
leave transfers, participation is entirely voluntary.
Employees who are entitled to annual leave are eligible to request a Catastrophic
Leave Bank from their date of hire. Catastrophic Leave determinations are non-
grievable.
Catastrophic leave coverage shall be extended to events affecting registered domestic
partners provided that a City of San Diego Affidavit of Domestic Partnership has been
submitted.
2.
Procedures
a.
The Employee initiates a request for a Catastrophic Leave Bank to be
established in accordance with this policy.
1)
The employee must have exhausted or expect to exhaust their accrued
leave, from both the employee’s annual leave and Catastrophic Leave –
Annual Leave (CatLv-AL) buckets (to be verified by the department
Payroll Specialist), as a result of a qualifying event in order to establish
a Catastrophic Leave Bank.
i.
A recipient’s total annual leave balance including donated leave
cannot exceed 2,080 hours.
2)
The employee must receive approval for an unpaid leave of absence
from their Department Head.
b.
Requests to establish a Catastrophic Leave Bank to receive donations will be
processed by the Human Resources Department.
1)
An eligible employee must submit a completed “Request to Establish
Catastrophic Leave Bank” form to the Human Resources Department,
accompanied by:
i.
A signed statement by the employee which includes a brief
description of the nature and need for the leave and an
estimated time the employee will be out of the workplace, or
other appropriate documentation supporting the request.
Clarifying documentation may be requested by the Human
Resources Department. Any employee who misrepresents
information on the signed statement provided to the Human
Resources Department may be subject to discipline, up to and
including termination.
ii.
Evidence of the Department Head’s approval of the leave of
absence.
iii.
Employees must also identify, on the Request to Establish
Catastrophic Leave Bank Form, the names of individuals or
groups that may be informed, upon request, if the Catastrophic
Leave Bank has been approved. Employees who include a
mailing address on the Request will be notified when the
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Catastrophic Leave Bank is approved by the Human Resources
Department.
c.
Donations of annual leave may be made to an employee eligible for
Catastrophic Leave as defined in the Purpose and Scope of this document. The
donor’s annual leave donation will be deducted from the donor department in
the amount donated.
1)
Donations of leave are strictly voluntary; the City will maintain the
identity of Catastrophic Leave Bank donors in absolute confidence.
2)
Employees may only donate accrued annual leave.
3)
Donations must be made in whole-hour increments.
4)
Donation authorization requests that do not contain all requested
information will not be processed.
5)
Donors must have at least 160 hours of annual leave (which includes
donated Medical Leave) and Catastrophic Leave remaining after the
donated time has been deducted.
6)
Once donated to the Catastrophic Leave Bank, donated leave cannot be
returned to the donor.
7)
Employees who wish to donate leave must submit an electronic request
through the Leave Administration section of the City’s SAP System.
Employees without access to the City’s Active Directory may complete a
“Confidential Authorization for Catastrophic Leave Donation” form and
submit it to the Human Resources Department.
d.
Upon receipt of donation authorizations forms, the City’s SAP System will:
1)
Verify that the donating employee has the minimum required leave
balance of 160 hours.
2)
Convert the donated dollars as computed above to hours at the
recipient’s hourly rate. The donor will be taxed for the leave when it is
donated to the recipient.
3)
Ensure that all deductions (e.g. health premiums, parking, credit union,
union dues, etc.) that have previously been authorized by the recipient
are made unless the recipient has notified their Payroll Specialist in
writing to cancel deductions.
4)
Subtract the donated time from the donor’s designated leave category;
and
5)
Add the donated hours to the recipient’s Catastrophic Leave – Annual
Leave (CatLv-AL) bucket.
e.
An employee who receives Donated Catastrophic Leave hours under this
Catastrophic Leave Plan may either take the Donated Catastrophic Leave as
compensated time off or may request to receive a cash payment via SAP of the
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Donated Catastrophic Leave, but may not re-donate that time to a
Catastrophic Leave Bank, Medical Leave Bank, or Child Care Annual Leave
Exchange bucket for use by another employee.
f.
Donated Catastrophic Leave is treated as annual leave accrued by the recipient
of the donation, but the recipient will not be taxed on the donated annual
leave. Payments up to 80 hours per pay period will be made to the recipient
until the donated leave has been exhausted.
g.
When donated Catastrophic Leave hours are taken as cash payment, the
employee may take up to the amount of Catastrophic Leave hours available in
their established Catastrophic Leave Bank at the time the employee processes
their request for cash payment in the City’s SAP System. Catastrophic Leave
hours are cashed-out on a prospective basis only.
h.
When donated Catastrophic Leave hours are taken as annual leave for
purposes of taking compensated time off, instead of through a cash payment,
the employee may take up to 80 hours per pay period until the donated leave
has been exhausted.
1)
Donated Leave does not alter the employment rights of the City or the
recipient, nor does it extend or alter limitations otherwise applicable to
leaves of absence or annual leave, except as noted in this Plan.
2)
Employees using donated annual leave hours will continue to accrue
annual leave in accordance with Personnel Manual Index Code I-2,
Annual Leave.
3)
Donated Leave can only be used on a going forward basis.
3.
Notification of the creation of a Catastrophic Leave Bank to potential donors is the
responsibility of the employee, not the department. An employee may use City e-mail
for a one-time notification to other City employees regarding the creation of their
Catastrophic Leave Bank. Such e-mail should not contain confidential information
(e.g. details of their medical condition). All policies and procedures regarding ethical
conduct, and the use of e-mail, apply to such notices sent by employees. Employees
must receive prior management approval before sending “e-mail blasts” (officewide
or citywide e-mails), per Office policy. Employees may work with their recognized
employee organizations to disseminate their request for leave donation. If requested
by the employee in the Request for Establishing Catastrophic Leave Bank form, the
City will publicize on the Leave Administration section of the City’s SAP System, the
employee requestor’s name, and the dates the Catastrophic Leave Bank opens and
closes. The parties agree to reopen the MOU to negotiate the Office Policy on email
use within the first year of this MOU.
B.
Medical Leave-Sharing Plan Program Description
1.
Purpose and Scope
The City of San Diego offers a Medical Leave-Sharing Plan and Leave Bank (Medical
Leave Bank) to give City employees the ability to assist other City employees who face
extended leaves without pay due to a major health crisis, whether their own, or that
of a family member. Although this Program establishes a mechanism for leave
transfers, participation is entirely voluntary.
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Employees who are entitled to annual leave are eligible to request a Medical Leave
Bank from their date of hire. Medical Leave Sharing determinations are non-
grievable.
For purposes of this plan, a “major health crisis” is defined as: (1) the employee’s
own medically certified “serious health condition,” as defined by the federal Family
and Medical Leave Act, (2) the medically-certified “serious health condition” of the
employee’s spouse, parent, child, sibling, grandparent, or grandchild (or in-law or
step-relative in one of these relationships), (3) the medically-certified “serious
health condition” of the employee’s registered domestic partner, or (4) the death of
the employee’s spouse, parent, child, sibling, grandparent, or grandchild (or in-law
or step-relative in one of these relationships), or employee’s registered domestic
partner (provided that a City of San Diego Affidavit of Domestic Partnership has been
submitted). The determination of whether a major health crisis exists is made by the
Human Resources Department Director or designee.
2.
Procedures
a.
Employee initiates a request for a Medical Leave Bank to be established in
accordance with this policy.
1)
The employee must have exhausted or expect to exhaust their accrued
leave, from both the employee’s annual leave and Catastrophic Leave –
Annual Leave (CatLv-AL) buckets (to be verified by the department
payroll specialist), as a result of a qualifying event in order to establish
a Leave Bank.
i.
If an employee is diagnosed as terminally ill, a Medical Leave
Bank may be established without meeting this requirement. In
such cases, the donated leave will be paid out when the
employee leaves work due to illness.
ii.
A recipient’s total annual leave balance including donated leave
cannot exceed 2,080 hours.
2)
The employee must receive approval for an unpaid leave of absence
from their Department Head.
b.
Requests to establish a Medical Leave Bank to receive donations will be
processed by the Human Resources Department.
1)
An eligible employee must submit a completed “Request to Establish
Medical Leave Bank” form to the Human Resources Department,
accompanied by:
i.
A medical statement from the attending physician, including a
brief statement describing the nature of the illness or injury and
an estimated time the employee will be unable to work, or other
appropriate documentation supporting the request.
ii.
Evidence of the Department Head’s approval of the leave of
absence.
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iii.
Employees must also identify, on the Request to Establish
Medical Leave Bank Form, the names of individuals or groups
that may be informed, upon request, if the Medical Leave Bank
has been approved. Employees who include a mailing address on
the Request will be notified when the Medical Leave Bank is
approved by the Human Resources Department.
c.
Donations of annual leave may be made to an employee eligible for medical
leave because of a major health crisis, as defined in the Purpose and Scope of
this document. The donor’s annual leave donation will be deducted from the
donor department in the amount donated.
1)
Donations of leave are strictly voluntary; the City will maintain the
identity of Medical Leave Bank donors in absolute confidence.
2)
Employees may only donate accrued annual leave.
3)
Donations must be made in whole-hour increments.
4)
Donation authorization requests that do not contain all requested
information will not be processed.
5)
The donor will not be taxed on the value of the leave they donate, but
also cannot claim an expense, loss deduction, or charitable contribution
for the donated leave.
6)
Donors must have at least 160 hours of annual leave (which includes
donated Medical Leave) and Catastrophic Leave remaining after the
donated time has been deducted.
7)
Once donated to the Medical Leave Bank, donated leave cannot be
returned to the donor.
8)
Employees who wish to donate leave must submit an electronic request
through the Leave Administration section of the City’s SAP System.
Employees without access to the City’s Active Directory may complete a
“Confidential Authorization for Medical Leave Donation” form and
submit it to the Human Resources Department.
d.
Upon receipt of donation authorization forms, the City’s SAP System will:
1)
Verify that the donating employee has the minimum required leave
balance of 160 hours.
2)
Convert the donated dollars as computed above to hours at the
recipient’s hourly rate. The recipient will be taxed for the leave when it
is taken.
3)
Ensure that all deductions (e.g. health premiums, parking, credit
union, union dues, etc.) that have previously been authorized by the
recipient are made unless the recipient has notified their Payroll
Specialist in writing to cancel deductions.
4)
Maintain the donation information for each recipient in a summarized
spreadsheet (Medical Leave Bank – Donation Spreadsheet) and forward
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the spreadsheet to the Personnel Department.
5)
Add the donated hours to the recipient’s annual leave balance.
e.
Donated Medical Leave is treated as annual leave accrued by the recipient of
the donation. Payments up to 80 hours per pay period will be made to the
recipient until the donated leave has been exhausted.
1)
Donated Medical Leave does not alter the employment rights of the City
or the recipient, nor does it extend or alter limitations otherwise
applicable to leaves of absence or annual leave, except as noted in this
Plan.
2)
Employees who are using donated annual leave hours will continue to
accrue annual leave in accordance with Personnel Manual Index Code
I-2, Annual Leave.
3)
Donated Medical Leave can only be used on a going forward basis.
3.
Notification of the creation of a Medical Leave Bank to potential donors is the
responsibility of the employee, not the department. An employee may use City e-mail
for a one-time notification to other City employees regarding the creation of their
Medical Leave Bank. Such e-mail should not contain confidential information (e.g.
details of their medical condition). All policies and procedures regarding ethical
conduct, and the use of e-mail, apply to such notices sent by employees. Employees
must receive prior management approval before sending “e-mail blasts” (officewide
or citywide e-mails), per Office policy. Employees may work with their recognized
employee organizations to disseminate their request for leave donation If requested
by the employee in the Request for Establishing Medical Leave Bank form, the City
will publicize on the Leave Administration section of the City’s SAP System, the
employee requestor’s name, and the dates the Medical Leave Bank opens and closes.
The automated Catastrophic and Medical Leave Programs will be implemented
January 1, 2020. The parties agree to reopen the MOU to negotiate the Office Policy
on email use within the first year of this MOU.
C.
Child Care Annual Leave Exchange
Annual Leave may be transferred between any city of San Diego employees who jointly
parent a child (which includes a biological, adopted, or foster child, a stepchild, or a legal
ward, and is under 18 years old or has a mental or physical disability and is incapable of self-
care), for the purpose of the birth of the child or joint adoption of the child, or for child care
purposes, in accordance with the City’s policies, upon the request of both the receiving
employee and the transferring employee, and upon approval of the employees’ appointing
authority, under the following conditions:
1.
The receiving employee is required to be absent from work due to the birth of the
employee’s child or due to the joint adoption of a child, or for child care purposes.
2.
Each transfer must be for a minimum of (8) hours and in whole hour increments
thereafter.
3.
The transferring employee must have at least 160 hours of annual leave (which
includes donated Medical Leave) and Catastrophic Leave remaining after the donated
time has been deducted.
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4.
The total annual leave received by an employee for the purposes of the Child Care
Annual Leave Exchange bucket shall normally not exceed 350 hours per fiscal year;
however, if approved by the employee’s appointing authority, the total credits may be
up to 700 hours. Total annual leave hours in excess of 700 hours will be considered on
a case-by-case basis by the City Attorney.
5.
The transfers are irrevocable and will be placed in a separate bucket for Child Care
Annual Leave Exchange. The transferred annual leave hours received by the employee
for purposes of the Child Care Annual Leave Exchange will not count towards the
employee’s maximum accumulation of annual leave that is provided for in Personnel
Manual Index Code I-2. The transferred annual leave cannot be used for pay-in-lieu
cash outs. The transferring employee will be taxed for the leave when it is transferred
to the receiving employee.
6.
The transfers shall be administered according to the rules and regulations
promulgated by the City beginning on January 1, 2020.
D.
Any unused annual leave under this Article will be paid out upon the employee’s separation
from the City.
ARTICLE 38:
Military Leave
A.
Employees who provide service in the “Uniformed Services,” meaning the Armed Forces, the
Army National Guard, and the Air National Guard when engaged in active duty for training,
inactive duty training, or full-time National Guard duty, the commissioned corps of the
Public Health Service, and any other category of persons designated by the President in time
of war or national emergency, are entitled to the rights and benefits provided by the
Uniformed Services Employment and Reemployment Rights Act of 1994 (USERRA), codified
at 38 U.S.C. sections 4301 through 4335, and as amended in the future.
These members are also entitled to the leaves of absence provided by the California Military
and Veteran’s Code, as stated in Civil Service Rule X, codified at San Diego Municipal Code
section 23.1107, and Personnel Manual Index Code I-10, Military Leave. Specifically,
employees who have been regularly employed by the City for one year or more immediately
prior to requested military leave will receive their regular City compensation during the
military leave, but not to exceed 30 calendar days in any fiscal year. Calendar days are
computed in the manner stated in the Personnel Regulations Index Code I-10.
B.
Employees must give no less than 21 days of notice to their supervisors prior to the start of
the requested military leave, unless there are exceptional circumstances beyond the control
of the employee originating from the employee’s military unit. If exceptional circumstances
occur, employees must provide reasonable notice. Employees must submit Form CS-14-25A
(Request for Leave of absence) showing Military Leave.
C.
Union members may use annual leave, compensatory time, or special leave without pay, in
addition to military leave to provide military service.
D.
If an employee is scheduled to work on a day of inactive duty training, City management will
take all reasonable steps necessary to adjust the employee’s schedule to facilitate the
military leave.
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E.
The Union agrees that the City Council may determine to extend these benefits beyond what
is provided in this MOU in cases of national emergencies without an obligation to first meet
and confer.
ARTICLE 39:
Job-Sharing
Requests for job-sharing between two members may be submitted for consideration in a manner
consistent with the Office Job-Sharing Policy. All job-sharing arrangements must be confirmed in
writing via the Job-Sharing Agreement to be established by the City Attorney’s Office. The grant,
denial, suspension, or cancellation of a job-sharing agreement is not grievable.
City agrees to provide the reasonable notice provisions requested by DCAA in the policy.
ARTICLE 40:
Flexible-Work Schedule
The City Attorney may approve an alternative work schedule for a unit, division or for individual
members. Regardless of the schedule adopted, unless approved as a part-time schedule (e.g. job-
share), it is an expectation and performance metric that in the normal course employees are
required to work at least 80 hours per pay period.
Flexible-Work schedules include:
a.
Flextime – The employee works hours that differ from the standard work schedule
(8:00 a.m. to 5:00 p.m.) or by one or more hours. For example, the employee works
7:00 a.m. to 3:30 p.m. or 9:00 a.m. to 5:30 p.m., with one-half hour for lunch.
b.
Compressed Work Weeks – Employees must work 80 hours per pay period; however,
they may work fewer days per week and more hours per day to ensure the same total
number of hours worked. For example, the employee works four 10-hour days
Monday through Thursday with Friday off.
c.
All alternative work schedules are subject to the Office Flexible-Work Schedule Policy
and must be pre-approved in writing via the Flexible-Work Schedule Agreement to be
established by the Office. A Flexible-Work Schedule may be suspended or terminated
at any time for any reason at the discretion of the City Attorney. The grant, denial,
suspension or termination of a Flexible-Work Schedule is not grievable.
City agrees to provide the reasonable notice provisions requested by DCAA in the
policy.
ARTICLE 41:
Identification Badges
City agrees to provide flat badges to DCAs working in the Criminal and Community Justice
Divisions. The flat badge remains property of the City, and at the time of employee termination the
badge must be returned to the Department. However, if the DCA transfers to the Civil Division or
ends their employment at the City Attorney’s office, the DCA may choose to purchase the badge
and have it encased at the employee’s expense.
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ARTICLE 42:
Legal Representation
Upon request of an employee and subject to any limitations provided by law, the City will provide
for the defense of any civil action or proceeding initiated against the employee by a person or entity
other than the City in a court of competent jurisdiction on account of any act or omission occurring
within the course and scope of his/her employment as an employee of the City.
Nothing herein shall be deemed to require the provision of such defense when the discretion to
provide such defense is vested in the City pursuant to the provisions of the California Government
Code, now and as amended or where the act or omission was not within the scope of the employee’s
employment, or the employee acted or failed to act because of actual fraud, corruption or actual
malice.
Nothing herein shall be construed to grant to any employee any rights or privileges in addition to
those provided in the said Government Code, or to abrogate any rights provided under the
Government Code.
ARTICLE 43:
Personal Security
An employee who is the subject of a threat verified by law enforcement or is wounded or seriously
injured as the result of a criminal act by another during an incident arising from or directly related
to the performance of his/her duties may, upon the determination of the appointing authority or
their designee, be provided with appropriate security during the occasion of the threat and or during
his/her period of hospitalization. The determination of appropriate security rests solely with the
appointing authority and is not subject to the grievance and arbitration procedure.
ARTICLE 44:
Pay-In-Lieu
A. Effective for all calendar years beginning on and after January 1, 2019, employees may
convert up to 125 hours of annual leave to cash as pay-in-lieu each calendar year, subject to
the following rules:
1. If an employee fails to elect by December 1st each year or by the preceding Friday if
December 1st falls on a Saturday or Sunday, to receive any of the annual leave hours
they will earn in the following calendar year as pay- in-lieu, their annual leave will
accrue in accordance with the applicable Personnel Regulation, Index Code 1-2.
2. If an employee irrevocably elects by December 1st each year or by the preceding
Friday if December 1st falls on a Saturday or Sunday, to receive a portion of the
annual leave hours they will earn in the following calendar year, not to exceed 125
hours total for the calendar year, as pay-in-lieu, the City will create an account where
the employee's designated pay-in-lieu accruals will be credited. This account will be
referred to as a "pay-in-lieu bucket" (''PIL Bucket") and will be kept separate from
the employee's annual leave accrual account or "annual leave bucket" ("AL Bucket").
The employee's election must designate the amount of their annual leave· being
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earned each pay period which they wish to have credited to the PIL Bucket; this
designation may be stated as an even percentage (e.g., 10 %, 20%, 30%, 40%, 'etc.) of
the leave earned during each pay period up to 100%. Starting with the first pay period
of the calendar year, the PIL Bucket will be credited with the designated amount of
the employee's annual leave each pay period until the employee's full election
amount is reached, not to exceed 125 hours. Any annual leave being earned in a pay
period which is not credited to the employee's PIL Bucket will be credited to the
employee's AL Bucket. The balance available in the employee's PIL Bucket, if any, will
be specified on their timecard and paystub. In addition, the employee's anniversary
date and AL cap will also be- displayed on the employee's timecard.
3. An employee must make an irrevocable election by December 1st each year or by the
preceding Friday if December 1st falls on a Saturday or Sunday, if the employee
wishes to participate in the pay-in-lieu of annual leave program for the following
calendar year. Elections will not carry over from one calendar year to the next
calendar year. An employee who fails to elect by December 1st each year or by the
preceding Friday if December 1stfalls on a Saturday or Sunday, to participate in the
pay-in-lieu of annual leave program for the following year will be deemed to have
elected not to participate and they will be prohibited from receiving any pay-in-lieu
during that year except as, and only to the extent, permitted under Section 6.
4. At least 60 days in advance of this annual December 1st deadline, the City will provide
employees with notice and an explanation regarding the need for an irrevocable
election as well as the relevant form for making the election. At the same time, the
City will remind employees of the citywide cap maximums and how the pay-in-lieu
election affects that cap.
5. All pay-in-lieu hours which accumulate in the employee's PIL bucket must be paid
out to the employee in the calendar year in which these hours are earned. Pay-outs
will be either employee-initiated or City-initiated. An employee may make up to two
requests during the calendar year for a payout from their PIL Bucket. The timing of
either request is entirely up to the employee and payment will occur as designated on
the City approved form. However, an employee cannot request the pay-out of any
pay-in-lieu hours until those hours have been earned and accrued in their PIL bucket.
Since no PIL hours may be carried over to the following year, the City will initiate a
pay- out of all hours accrued in the employee's PIL Bucket no later than the final
paycheck issued in the calendar year regardless of the number of pay periods in the
calendar year and regardless of the number of hours.
B. When an employee chooses to cash out pay-in-lieu hours in the City’s SAP Portal, they
select the check date and the number of hours they wish to sell. The pay-in-lieu cash out
request will be paid out based on their rate of pay on the pay period end date of the selected
payment date. All pay-in-lieu pay-outs are taxable income, subject to all applicable
withholdings and payroll deductions.
C. Existing caps on the accrual of annual leave will remain in effect. However, any hours up to
the 125-hour maximum which an employee allocates to their PIL bucket for the ensuing
calendar year will not count toward the calculation of this cap.
D. Effective for calendar years beginning on and after January 1, 2019, an employee's election
with regard to pay-in-lieu shall be irrevocable except in the event of an unforeseeable
financial emergency subject to the following rules:
1. In the event of an unforeseeable emergency, as defined in subsection b, an employee
Deputy City Attorneys Association of San Diego Memorandum of Understanding
JULY 1, 2023 to JUNE 30, 2026 Page 47 of 56
may apply to the Risk Management Depa1tment to receive pay-in-lieu of annual leave
accrued on or after January 1, 2019, but limited to the amount that is reasonably
necessary to satisfy the emergency need, including any amounts that may be
necessary to pay any federal, state, or local income taxes or penalties reasonably
anticipated as a result of the cash out. If the Risk Management Department approves
an employee's application, the City will pay the employee the pay-in-lieu amount the
Risk Management Department deems necessary to meet the emergency need.
2. "Unforeseeable emergency” means a severe financial hardship of the employee
resulting from an illness or accident of the employee, the employee's spouse, or the
employee's dependent (as defined in Internal Revenue Code section 152, and, without
regard to Internal Revenue Code sections 152(b)(1), (b){2), and (d)(l )(B)); loss of the
employee's property due to casualty (including the need to rebuild a home following
damage to a home not otherwise covered by homeowner's insurance, such as damage
that is the result of a natural disaster); or other similar extraordinary and
unforeseeable circumstances arising as a direct result of events beyond the control of
the employee. For example, the imminent foreclosure or eviction from the employee's
home may constitute an unforeseeable emergency. In addition, the need to pay for
medical expenses, including non-refundable deductibles, as well as for the cost of
prescription drug medication, may constitute an unforeseeable emergency. Finally,
the need to pay for the funeral expenses of a spouse or dependent (as defined in
Internal Revenue Code section 152, and, without regard to Internal Revenue Code
sections 152(b)(1), (b)(2), and (d)(l)(B)) of the employee may also constitute an
unforeseeable emergency. Neither the purchase of a home nor the payment of college
tuition is-an unforeseeable emergency. Pay-in-lieu of annual leave on account of an
unforeseeable emergency will not be paid to the extent that such an emergency is or
may be relieved through reimbursement or compensation from insurance or
otherwise, by liquidation of the employee's assets, to the extent liquidation of such
assets would not itself cause severe financial hardship. For this purpose, an employee
cannot receive any pay-in-lieu of annual leave on account of an unforeseeable
emergency to the extent that they have unused amounts accrued in their PIL Bucket,
if any.
ARTICLE 45:
Drug and Alcohol Testing Post Accident
City employees are prohibited from consuming alcoholic beverages or being under the influence of a
controlled substance or alcohol during their work shift. City employees may be required to undergo
mandatory drug and alcohol testing if reasonable suspicion exists, in accordance with A.R. 97.00,
Substance Abuse Policy. Furthermore, employees involved in an on-the-job accident while
operating a vehicle or power equipment are required to undergo drug and alcohol testing.
ARTICLE 46:
Overpayments and SDCERS Interest Charges
A. Overpayment
If it has been discovered that an overpayment or unauthorized payment has been made to a
City employee, it is the responsibility of the department to notify the employee in writing
and supply the employee with the documentation used to determine the overpayment.
If the employee contends that any portion or the entire amount is not owed, they shall be
Deputy City Attorneys Association of San Diego Memorandum of Understanding
JULY 1, 2023 to JUNE 30, 2026 Page 48 of 56
entitled to request a meeting with the appointing authority to attempt to resolve the
disagreement. If the dispute about the payment originates in another department, the
employee has a right to request a meeting with the Appointing Authority in that department.
The department will notify the employee that they shall be entitled to have a Union
representative attend such meeting(s) with them. If the dispute regarding overpayment
arises from the interpretation of a personnel regulation or administrative regulation, the
employee shall be entitled to grieve this matter directly to the Department Head level.
B. Repayment of Funds.
An employee will pay no penalties, fees or interest as a result of the overpayment. The
employee shall have the right to select one of the three following options for the repayment
of the funds:
1. A lump sum payment with a date mutually established by the employee and the
department.
2. Biweekly installment payments through payroll deduction (Installment payments
must be a minimum of $10.00 and repayment must be completed within twenty-six
pay periods).
3. Any other repayment arrangement mutually agreed upon between the City and the
employee but not to exceed a repayment plan of five calendar years.
The final agreement on the repayment plan will be in writing, with the lump sum payment
date, or the biweekly amount, and the beginning and ending date of the installment plan
identified.
If an employee leaves City employment with an outstanding repayment plan, the employee
will be invoiced for any remaining balance owed.
Disputes over repayment of funds which were overpaid to an employee through no fault of
the employee, shall not be a factor in Employee Performance Evaluations or discipline.
C. SDCERS Interest Payment for Overpayment/Underpayment Due to Error by City/SDCERS.
1. For purposes of this section, “Eligible Employee” includes all DCAA-represented
employees who are on City payroll or on an approved leave of absence on or after July
1, 2023, regardless of their employment status (i.e., active, separated, DROP, DROP
Extension, or retired), and receive an SDCERS’ correction letter on or after July 1,
2023, in connection with the underpayment of contributions or the overpayment of
pension benefits as a result of an error by SDCERS or City employee.
2. The rights described in this Section C are in additional to the rights an Eligible
Employee has under the Parties’ Proposition B (Prop B) Make-Whole Settlement
Agreement in the event an error arises regarding the calculations made when an
Eligible Employee opted into SDCERS following the invalidation of Prop B. Nothing
in this Section C is intended to alter or diminish the rights established in that
Agreement.
3. The principal amounts owing for the underpaid contributions or overpaid pension
benefits, as explained in an SDCERS’ correction letter, are and remain the Eligible
Employee’s sole responsibility except as otherwise provided in the Prop B Settlement
Deputy City Attorneys Association of San Diego Memorandum of Understanding
JULY 1, 2023 to JUNE 30, 2026 Page 49 of 56
Agreement. However, the City will indemnify an Eligible Employee for any interest
charges associated with the underpayment or overpayment correction, unless the
City determines that the Eligible Employee knew or should have known that they
were underpaying contributions or being overpaid a benefit, or intentionally or
willfully contributed to the error.
4. SDCERS will not charge interest in its initial correction letter to an Eligible Employee
notifying them of the underpayment of contributions or overpayment of pension
benefits. However, if additional interest charges accrue due to the Eligible
Employee’s failure to make timely re-payment of the principal amount owed or their
decision to enter into a repayment plan, these separate additional interest charges
are deemed a matter of the Eligible Claimant’s discretion, are not the City’s
responsibility to reimburse, and remain the Eligible Employee’s sole responsibility.
5. Interest payments made by the City to SDCERS under this section will be treated as
employer contributions except as otherwise provided in the Prop B settlement
Agreement.
6. The provisions of this section do not limit or supersede any Eligible Employee’s
right to challenge SDCERS’s determination that an underpayment of contribution or
overpayment of pension benefits has occurred or otherwise limit or supersede the
Eligible Employee’s right to challenge, on any available legal or equitable ground,
SDCERS’s demand for payment of the principal amount or any interest the City
declines to pay.
D. Referral to Collections.
1. A department may refer an employee to the City Treasurer, Collections Section, only
when the employee, after being duly notified of the overpayment and having had the
opportunity to review the relevant documentation, refuses to agree to a repayment of
the amount owed.
The employee will be notified of the referral and informed that the Collections Section
will proceed with collection as it would for any other debtor.
ARTICLE 47:
Electronic Leave Slips
Effective July 1, 2021, employees are required to submit all requests for leave of absence, e.g. annual
leave, sick leave, discretionary leave, parental leave, electronically through the Leave Request tab of
the City’s SAP Portal. Except in extenuating circumstances, the paper leave slip (Form CS-14-25A)
will no longer be accepted. This applies to all leaves, except Military Leave which still requires the
paper leave slip with supporting documentation. The City will provide employees with resources
such as computer access at different City facilities, so employees are able to submit their leave
requests electronically. All leave requests must be approved by an employee’s department
Supervisor.
ARTICLE 48:
Emergency Contact Information
Deputy City Attorneys Association of San Diego Memorandum of Understanding
JULY 1, 2023 to JUNE 30, 2026 Page 50 of 56
The City and DCAA agree that it is in the mutual interest of the Parties and employees to keep the
City updated on any changes to the employee’s home and personal cellular telephone number, any
personal email addresses on file with the City, and the employee’s home address. This information
is necessary for the City to ensure employees receive any and all communications from the City, and
that any contact information the City provides the DCAA pursuant to Government Code section 3558
or any other provision in this MOU is accurate. To assist in this endeavor, employees are required to
update any changes in the above referenced contact information that is on file with the City by
using the Employee Self-Service Portal within 14 calendar days of such a change. Any employee
who willfully fails to provide this information within 14 calendar days will be subject to discipline.
Notwithstanding the foregoing, limited to the express purpose of the requirements of Government
Code section 3558 only and consistent with Government Code section 7928.300(c), an employee
may direct the City to withhold disclosure of the employee's home telephone number, personal
cellular telephone number, personal email address, or birth date, if maintained by the City, to the
DCAA via the opt-out selection identified in the Employee Self-Service Portal in SAP.
Deputy City Attorneys Association of San Diego Memorandum of Understanding
JULY 1, 2023 to JUNE 30, 2026 Page 51 of 56
APPENDIX A
Deputy City Attorneys Associate Salary Table Effective 07/01/23
Grade
Step
Hourly
Biweekly Rate
Annual Salary
Deputy I
A
$38.4670
$3,077.3600
$80,011
B
$40.0030
$3,200.2400
$83,206
C
$41.6042
$3,328.3360
$86,537
D
$43.2677
$3,461.4160
$89,997
Deputy II
A
$44.9984
$3,599.8720
$93,597
B
$46.7982
$3,743.8560
$97,340
C
$48.6719
$3,893.7520
$101,238
D
$50.6160
$4,049.2800
$105,281
Deputy III
A
$53.6705
$4,293.6400
$111,635
B
$55.8172
$4,465.3760
$116,100
C
$58.0504
$4,644.0320
$120,745
D
$60.3728
$4,829.8240
$125,575
E
$62.7897
$5,023.1760
$130,603
F
$65.2996
$5,223.9680
$135,823
Deputy IV
A
$67.9097
$5,432.7760
$141,252
B
$70.6263
$5,650.1040
$146,903
C
$73.4509
$5,876.0720
$152,778
D
$76.3889
$6,111.1120
$158,889
E
$79.4456
$6,355.6480
$165,247
Deputy V
Min
$81.8442
$6,547.5360
$170,236
Max
$105.5528
$8,444.2240
$219,550
Deputy VI
Min
$100.5740
$8,045.9200
$209,194
Max
$119.7526
$9,580.2080
$249,085
Deputy City Attorneys Association of San Diego Memorandum of Understanding
JULY 1, 2023 to JUNE 30, 2026 Page 52 of 56
Deputy City Attorneys Associate Salary Table Effective 01/01/24
Grade
Step
Hourly
Biweekly Rate
Annual Salary
Deputy I
A
$40.3904
$3,231.2320
$84,012
B
$42.0032
$3,360.2560
$87,367
C
$43.6844
$3,494.7520
$90,864
D
$45.4311
$3,634.4880
$94,497
Deputy II
A
$47.2483
$3,779.8640
$98,276
B
$49.1381
$3,931.0480
$102,207
C
$51.1055
$4,088.4400
$106,299
D
$53.1468
$4,251.7440
$110,545
Deputy III
A
$56.3540
$4,508.3200
$117,216
B
$58.6081
$4,688.6480
$121,905
C
$60.9529
$4,876.2320
$126,782
D
$63.3914
$5,071.3120
$131,854
E
$65.9292
$5,274.3360
$137,133
F
$68.5646
$5,485.1680
$142,614
Deputy IV
A
$71.3052
$5,704.4160
$148,315
B
$74.1576
$5,932.6080
$154,248
C
$77.1234
$6,169.8720
$160,417
D
$80.2083
$6,416.6640
$166,833
E
$83.4179
$6,673.4320
$173,509
Deputy V
Min
$85.9364
$6,874.9120
$178,748
Max
$110.8304
$8,866.4320
$230,527
Deputy VI
Min
$105.6027
$8,448.2160
$219,654
Max
$125.7402
$10,059.2160
$261,540
Deputy City Attorneys Association of San Diego Memorandum of Understanding
JULY 1, 2023 to JUNE 30, 2026 Page 53 of 56
Deputy City Attorneys Associate Salary Table Effective 07/01/24
Grade
Step
Hourly
Biweekly Rate
Annual Salary
Deputy I
A
$42.4099
$3,392.7920
$88,213
B
$44.1034
$3,528.2720
$91,735
C
$45.8686
$3,669.4880
$95,407
D
$47.7027
$3,816.2160
$99,222
Deputy II
A
$49.6107
$3,968.8560
$103,190
B
$51.5950
$4,127.6000
$107,318
C
$53.6608
$4,292.8640
$111,614
D
$55.8041
$4,464.3280
$116,073
Deputy III
A
$59.1717
$4,733.7360
$123,077
B
$61.5385
$4,923.0800
$128,000
C
$64.0005
$5,120.0400
$133,121
D
$66.5610
$5,324.8800
$138,447
E
$69.2257
$5,538.0560
$143,989
F
$71.9928
$5,759.4240
$149,745
Deputy IV
A
$74.8705
$5,989.6400
$155,731
B
$77.8655
$6,229.2400
$161,960
C
$80.9796
$6,478.3680
$168,438
D
$84.2187
$6,737.4960
$175,175
E
$87.5888
$7,007.1040
$182,185
Deputy V
Min
$90.2332
$7,218.6560
$187,685
Max
$116.3719
$9,309.7520
$242,054
Deputy VI
Min
$110.8828
$8,870.6240
$230,636
Max
$132.0272
$10,562.1760
$274,617
Deputy City Attorneys Association of San Diego Memorandum of Understanding
JULY 1, 2023 to JUNE 30, 2026 Page 54 of 56
Deputy City Attorneys Associate Salary Table Effective 01/01/25
Grade
Step
Hourly
Biweekly Rate
Annual Salary
Deputy I
A
$44.5304
$3,562.4320
$92,623
B
$46.3086
$3,704.6880
$96,322
C
$48.1620
$3,852.9600
$100,177
D
$50.0878
$4,007.0240
$104,183
Deputy II
A
$52.0912
$4,167.2960
$108,350
B
$54.1748
$4,333.9840
$112,684
C
$56.3438
$4,507.5040
$117,195
D
$58.5943
$4,687.5440
$121,876
Deputy III
A
$62.1303
$4,970.4240
$129,231
B
$64.6154
$5,169.2320
$134,400
C
$67.2005
$5,376.0400
$139,777
D
$69.8891
$5,591.1280
$145,369
E
$72.6870
$5,814.9600
$151,189
F
$75.5924
$6,047.3920
$157,232
Deputy IV
A
$78.6140
$6,289.1200
$163,517
B
$81.7588
$6,540.7040
$170,058
C
$85.0286
$6,802.2880
$176,859
D
$88.4296
$7,074.3680
$183,934
E
$91.9682
$7,357.4560
$191,294
Deputy V
Min
$94.7449
$7,579.5920
$197,069
Max
$122.1905
$9,775.2400
$254,156
Deputy VI
Min
$116.4269
$9,314.1520
$242,168
Max
$138.6286
$11,090.2880
$288,347
Deputy City Attorneys Association of San Diego Memorandum of Understanding
JULY 1, 2023 to JUNE 30, 2026 Page 55 of 56
Deputy City Attorneys Associate Salary Table Effective 07/01/25
Grade
Step
Hourly
Biweekly Rate
Annual Salary
Deputy I
A
$46.7569
$3,740.5520
$97,254
B
$48.6240
$3,889.9200
$101,138
C
$50.5701
$4,045.6080
$105,186
D
$52.5922
$4,207.3760
$109,392
Deputy II
A
$54.6958
$4,375.6640
$113,767
B
$56.8835
$4,550.6800
$118,318
C
$59.1610
$4,732.8800
$123,055
D
$61.5240
$4,921.9200
$127,970
Deputy III
A
$65.2368
$5,218.9440
$135,693
B
$67.8462
$5,427.6960
$141,120
C
$70.5605
$5,644.8400
$146,766
D
$73.3836
$5,870.6880
$152,638
E
$76.3214
$6,105.7120
$158,749
F
$79.3720
$6,349.7600
$165,094
Deputy IV
A
$82.5447
$6,603.5760
$171,693
B
$85.8467
$6,867.7360
$178,561
C
$89.2800
$7,142.4000
$185,702
D
$92.8511
$7,428.0880
$193,130
E
$96.5666
$7,725.3280
$200,859
Deputy V
Min
$99.4821
$7,958.5680
$206,923
Max
$128.3000
$10,264.0000
$266,864
Deputy VI
Min
$122.2482
$9,779.8560
$254,276
Max
$145.5600
$11,644.8000
$302,765
1
Deputy Ci Attorneys Association
1, 2023
Page 56 of 56
Deputy City Attorneys Association of San Diego Memorandum of Understanding
JULY 1, 2023 to JUNE 30, 2026
