HomeMy WebLinkAboutResolution 2012-176 N.C.S. 12/6/2012 Part 1 •
Resolution No. 2012-176 N.C.S.
of the City of Petaluma, California
RATIFYING MEMORANDUM OF UNDERSTANDING
EXECUTED BY THE DULY AUTHORIZED REPRESENTATIVES
OF THE CITY AND THE AMERICAN FEDERATION OF
STATE, COUNTY, AND MUNICIPAL EMPLOYEES,
LOCAL 675, FOR EMPLOYEES OF
UNIT 1 (CONFIDENTIAL), UNIT 2 (MAINTENANCE),
AND UNIT 3 (CLERICAL/TECHNICAL)
•
WHEREAS, the City, through its duly authorized representatives, and the American
Federation of State, County, and Municipal Employees (AFSCME), Local 675, through its duly
authorized representatives, have concluded their mutual obligation to meet and confer in good
faith with respect to terms and conditions of employment for the employees of Units 1, 2, and 3
in accordance with the Meyers-Milias-Brown Act and the City's Employer-Employee Relations,
Rules, and Regulations (Resolution No. 5512 N.C.S.); and,
WHEREAS, the duly authorized representatives of the City and AFSCME, Local 675,
have executed a Memorandum of Understanding pursuant to Section 15, Resolution No. 5512
N.C.S. and recommend its approval by the City Council; and,
WHEREAS, the City Manager, pursuant to Section 28, of the Charter of the City of
Petaluma, and as the City's Municipal Employees' Relations Officer (Resolution No. 5375
N.C.S.) is required and empowered to make a recommendation to the City Council on matters
related to employees' compensation; and,
WHEREAS, the City Manager has reviewed and concurs with said Memorandum of
Understanding for Units 1, 2, and 3 and does recommend that the City Council ratify said
Memorandum of Understanding.
NOW, THEREFORE, BE IT RESOLVED that the Memorandum of Understanding,
being in the best interests of the City, is ratified and the terms and conditions of said
Memorandum of Understanding (as attached) shall be effective January 1, 2012, through
December 31, 2015.
Under the power and authority conferred upon this Council by the Charter of said City.
REFERENCE: I hereby certify the foregoing Resolution was introduced and adopted by the Approved as to
Council of the City of Petaluma at a Special meeting on the 6th day of December. •form:
2012,by the following vote: •/ - ,'Q�_+,
Assistant City Attorney
AYES: Albertson, Barrett Mayor Glass, Harris, Healy, Kearney
NOES: None
ABSENT: Vice Mayor Renee
ABSTAIN: None
ATTEST: act: 01 o {v,
.. 4
City Clerk Mayor
Resolution No. 2012-176'N.C.S. Page I
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MEMORANDUM OF UNDERSTANDING
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CONFIDENTIAL
January 1, 2012 to December 31, 2015
Resolution No. 2012-176 N.C.S. Page 2
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Section Provision Page
PREAMBLE 1
SECTION 1 —TERM OF AGREEMENT AND RE-OPENER
1.1.. Effective Date 1
1.2. Notice of Successor Memorandum 1
1.3. Re-Opener—April 2014 and April 2015 1
SECTION 2 — RECOGNITION 1
2.1 Recognition— Union Recognition 1
2.2 Recognition—City Recognition 1
SECTION 3 — UNION RIGHTS 1
3.1 Union Rights— Stewards and Representatives 1
3.2 Union Rights— Bulletin Boards 2
3.3 Union Rights—Access to Work Location 2
3.4 Union Rights — Union/City Meetings 3
3.5 Union Rights—Advanced Noticed 3
3.6 Union Rights— List of Employees 3
SECTION 4— UNION SECURITY 3
4.1 Union Security —Payroll Deductions 3
SECTION 5 —EMPLOYER RIGHTS 4
SECTION 6 — SALARIES 4
6.1 Salaries 4
6.2 Salary— Confidential Pay 4
6.3 Salary—Temporary Assignment to a Higher Class 4
SECTION 7— SPECIAL COMPENSATION 5
7.1 Special Compensation—Smoking Cessation Plan 5
7.2 Special Compensation— Loss or Damage to Clothing 5
7.3 Special Compensation—Work Boots 5
7.4 Special Compensation— Bilingual Pay— Spanish 5
SECTION 8 —ALTERNATE WORK WEEK AND OVERTIME 5
8.1 Alternate Work Schedule 5
8.2 Alternate Work Week— Overtime 6
8.3 Overtime — Compensation Rate 6
8.4 Overtime— Minimum 6
8.5 Overtime— Emergency 6
SECTION 9.— COMPENSATORY TIME 6
SECTION 10— STANDBY AND CALLBACK 6
10.1 Standby 6
10,2 Emergency Situation 7
10.3 Callback— Minimum 7
SECTION 11 — HOLIDAYS 7
11.1 Holidays— Fixed Holidays 7
11.2 Holidays — Floating Holidays 8
Resolution No. 2012-176 N.C.S. Page 3
TABFx @F 'O FINIS.
Section Provision Page
SECTION 12—VACATION 8
12.1 Vacation— Accrual 8
12.2 Vacation — Scheduling 8
12.3 Vacation—Deferral 9
12.5 Vacation—Payment upon Termination 9
SECTION 13 — LEAVES— SICK LEAVE 9
13.1 Sick Leave—Eligibility 9
13.2 Sick Leave—Accrual 9
13.3 Sick Leave—Notification Procedures 9
13.4 Sick Leave —Transfer 9
13.5 Sick Leave—Retirement Payout 10
SECTION 14 — LEAVES— INDUSTRIAL INJURY LEAVE 10
SECTION 15 — LEAVES— BEREAVEMENT LEAVE 10
SECTION 16— LEAVES —VICTIMS OF DOMESTIC VIOLENCE
AND SEXUAL ASSAULT 11
SECTION 17— LEAVES —MILITARY LEAVE 11
SECTION 18— LEAVES — ELECTION OFFICER LEAVE AND VOTING LEAVE 11
SECTION 19 —LEAVES— SCHOOL VISITATION LEAVE 11
SECTION 20 — LEAVES— LEAVE OF ABSENCE WITHOUT PAY 11
SECTION 21 — LEAVES—JURY DUTY LEAVE 12
SECTION 22 — FAMILY CARE AND MEDICAL LEAVE (FMLA & CFRA) 12
22.1 FMLA and CFRA Leave 12
22.2 FMLA and/or CFRA — Second Opinion 12
SECTION 23 — LEAVES—PREGNANCY DISABILITY LEAVE 12
SECTION 24 — DISCRIMINATION, HARASSMENT AND RETALIATION
PROHIBITED 12
SECTION 25 — REASONABLE ACCOMMODATION 12
SECTION 26— CALIFORNIA PUBLIC EMPLOYEES' RETIREMENT SYSTEM 12
SECTION 27— HEALTH BENEFITS ACTIVE EMPLOYEES 13
27.1 Active Employees=PEMHCA Contribution 13
27.2 Active Employees— Additional Benefit Amount Paid by the City 13
27.3 Active Employees— Additional Benefit—January 2012 13
27.4 Active Employees—Additional Benefit—January 2013 14
27.5 Active Employees—Additional Benefit —January 2014 14
27.6 Active Employees—Additional Benefit —January 2015 14
27.7 Active Employees—Future Contribution 15
27.8 Active Employees— Employee Contribution 15
SECTION 28—HEALTH BENEFITS — RETIRED EMPLOYEES 15
28.1 Retired Employees—Ca1PERS and the PEMHCA 15
28.2 "Unequal Contribution" Method for Health Care Premium Payments 15
Resolution No. 2012-176 N.C.S. Page 4
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Section Provision Page
28.3 CaIPERS Annuitant — PEMHCA Health Benefits 16
28.4 Less Than 20 Years of Service—Not Receiving PEMHCA Health Benefits 16
28.5 Less Than 20 Years of Service— Receiving PEMHCA Health Benefits 16
28.6 20 Years or More of Service—Not Receiving PEMHCA Health Benefits 16
28.7 20 Years or More of Service— Receiving PEMI-ICA Health Benefits 16
SECTION 29— CASH IN-LIEU OF HEALTH AND DENTAL BENEFITS 17
SECTION 30 — SECTION 125 PLAN 17
SECTION 31 — DENTAL INSURANCE 18
SECTION 32 — VISION INSURANCE 18
SECTION 33 — LIFE INSURANCE 18
SECTION 34— DISABILITY INSURANCE 18
34.1 Short-Term Temporary Disability Benefit Program 18
34.2 Short-Term Disability Insurance — Voluntary 18
34.3 Long-Term Disability Insurance 19
SECTION 35— EMPLOYEE ASSISTANCE PROGRAM 19
SECTION 36— DEFERRED COMPENSATION 19
SECTION 37 — TRANSFERS/PROMOTIONS RETREAT ENTITLEMENT 19
SECTION 38— NEW OR CHANGED CLASSIFICATIONS 19
SECTION 39— PROBATIONARY PERIOD 19
SECTION 40 — DISCIPLINE PROCEDURE 20
40.1 Discipline — Methods 20
40.2 Discipline — Verbal Counseling 20
40.3 Discipline—Letters of Counseling 20
40.4 Discipline —Corrective Written Action 20
40.5 Discipline—Employee Notice 21
40.6 Discipline — Employee Response 21
40.7 Discipline —Employee Appeal 21
40.8 Discipline— Employer Review 21
40.9 Discipline —Advisory Arbitration 22
SECTION 41 — GRIEVANCE PROCEDURE 22
41.1 Grievance— Purpose of the Procedure 22
41.2 Grievance—Conduct of Grievance Procedure 23
41.3 Grievance— Grievance Procedure 23
SECTION 42 — LAYOFF AND RECALL 25
42.1 Layoff Application 25
42.2 Layoff—Employer Right 25
42.3 Layoff— Employee Notification 25
42.4 Layoff— Vacancy and Reclassification 25
42.5 Layoff—Employee Rights 25
42.6 Layoff— Seniority 25
42.7 Layoff—Order Of 26
42.8 Recall— Re-Employment List 26
Resolution No. 2012-176 N.C.S. Page 5
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.r r TABEF ONTEN.TS
Section Provision Page
42.9 Recall — Duration of Re-Employment List 26
SECTION 43 — EMPLOYEE PERSONNEL FILES 26
43.1 Employee Personnel File — Right to Inspect 26
43.2 Employee Personnel File — Acknowledgement Adverse Comments 26
SECTION 44 —OTHER 27
44.1 Performance Evaluations 27
44.2 Safety Committee 27
SECTION 45 — MUTUAL ACCEPTANCE AND RECOMMENDATION 27
EXHIBIT A— SALARY TABLE 29
Resolution No. 2012-176 N.C.S. Page 6
PREAMBLE
This Memorandum of Understanding (MOU) is entered into pursuant to the provisions of the Meyers-
Milias-Brown Act, Section 3500 et sey of the Government Code of the State of California.
The parties have met and conferred in good faith regarding wages, hours and other terms and conditions
of employment for the employees in said representation unit, and have freely exchanged information,
opinions and proposals and have reached agreement on all matters relating to the employment conditions
and employer-employee relations of such employees.
This MOU shall be presented to the City Council of the City of Petaluma as the joint recommendation of
the undersigned parties for the period January I, 2012 through December 31, 2015.
SECTION 1 —TERM OF AGREEMENT AND RE-OPENER
1.1 Effective Date
This MOU shall be effective for a four (4) year term. The calendar year commencing January 1,
2012, and ending December 31, 2015.
1.2 Notice of Successor Memorandum
The parties shall commence meeting and conferring for a subsequent Memorandum of
Understanding no later than the last week of February 2015.
1.3 Re-Opener—April 2014 and April 2015
The parties agree to re-open negotiations in April 2014 and April 2015 for the sole purpose of
discussing whether a potential salary adjustment (either an increase or reduction) may take place
effective July 1, 2014 and/or July 1, 2015. The only item that is subject to this re-opener is a
potential salary adjustment for July 1, 2014 and/or July 1, 2015.
SECTION 2 — RECOGNITION
2.1 Recognition—Union Recognition
Subject to the statutory rights of self-representation under Government Code section 3503, the
American Federation of State, County and Municipal Employees, Local 675, Unit I,
Confidential, hereafter referred to as the "Union" is the recognized employee organization for
those Confidential positions listed in Exhibit "A—Salary Table."
2.2 Recognition—City Recognition
The Municipal Employee Relations Officer of the City of Petaluma, or any person or
organization duly authorized by the Municipal Employee Relations Officer, is the representative
of the City of Petaluma, hereinafter referred to as the "City" in employer-employee relations.
SECTION 3 — UNION RIGHTS
3.1 Union Rights—Stewards and Representatives
The City employees who are official representatives of the Union shall be given reasonable time
off with pay to attend meetings with management representatives, investigate grievances, or be
Resolution No.2012-176 N.C.S. Page 7
present at hearings where matters within the scope of representation or grievances are being
considered.
(A) The use of official time for this purpose shall be reasonable and shall not interfere with
the performance of the City services as determined by the City.
(B) Such employee representatives shall request time off from his/her respective supervisor
and coordinate work schedules.
(C) Except by mutual agreement, the number of employees excused for such purposes shall
not exceed three (3). However, in order that any given department not be unduly
burdened by the released time requirements, in no case shall more than one (1)
representative from any particular job classification in the same department be allowed
released time pursuant to this section at any given time. If two (2) or more employees
request to be excused from any one department pursuant to this section, subject to the
approval of the department director or his/her designee.
(D) No employee other than an official representative on released time pursuant to this
provision shall attend to or conduct Union business while on duty, nor shall the City
equipment be utilized for such matters except as specifically authorized by this MOU.
3.2 Union Rights— Bulletin Boards
The Union may use portions of the City bulletin boards under the following conditions:
(A) All material must be dated and must identify the Union that published them.
(B) Unless special arrangements are made, materials posted will be removed thirty
(30) days after the date first posted.
(C) The City reserves the right to determine where bulletin boards shall be placed and
what portion of them are to be allocated to Union materials.
(D) If the Union does not abide by these rules, it will forfeit its right to have material
posted on the City bulletin boards.
3.3 Union Rights— Access to Work Location
Reasonable access to employee work locations shall be granted officers of the Union and his/her
officially designated representatives for the purpose of processing grievances or contacting
members of the Union concerning business within the scope of representation. Such officers or
representatives shall notify the City Human Resources Manager or his/her designee prior to
entering onto the City premises for such purposes. Access shall be restricted so as not to interfere
with the normal operation of the department or with established safety or security requirements.
Solicitation of membership and activities concerned with the internal management of the Union,
such as collecting dues, holding membership meetings, campaigning for office, conducting
elections and distributing literature, shall not be conducted during working hours.
Resolution No. 2012-176 N.C.S. Page 8
3.4 Union Rights— Union/City Meetings
The City employees or the Union or his/her representatives may, with the prior approval of the
Human Resources Manager, be granted the use of the City non-public access facilities during
non-working hours for meetings of the City employees provided space is available. All such
requests shall state the purpose or purposes of such meetings. The use of the City equipment
other than items normally used in the conduct of business meetings, such as desks, chairs, and
blackboards, is strictly prohibited, the presence of such equipment in approved the City facilities
notwithstanding.
3.5 Union Rights— Advanced Notice
Except in cases of declared emergencies, reasonable advance written notice shall be given the
Union of any ordinance, rule, resolution or regulation directly relating to matters within the scope
of representation proposed to be adopted by the City Council and shall be given the opportunity
to meet and confer prior to adoption.
(A) In cases of emergency when the City Council determines that an ordinance, rule,
resolution, or regulation within the scope of representation must be adopted immediately
without prior notice or meeting and conferring with the Union, the City agrees to meet
and confer within a reasonable and practical time after the termination of the emergency
situation.
(B) During the course of such declared emergencies, the City shall have the sole discretion to
act as may be required during the course of the emergency to ensure the provision of what
it determines to be adequate and necessary public service, including, if necessary, the
authority to temporarily suspend any provision of this MOU. Upon the termination of said
emergency, the terms and conditions of the existing MOU will again become effective.
3.6 Union Rights — List of Employees
The City agrees to annually furnish the Union with the names, classifications, and dates of hire
for all members of the Unit I Confidential bargaining unit no later than September.
SECTION 4— UNION SECURITY
4.1 Union Security— Payroll Deductions
The City shall grant payroll deductions for membership dues to the Union in accordance with the
terms of this section.
The following procedures shall be observed in the withholding of employee earnings:
(A) Authorization
Payroll deductions shall be for a specific amount and uniform as between employee
members of the Union. Payroll deductions shall be limited solely to membership dues.
Dues deduction shall be made only upon the employee's written authorization on a payroll
deduction form provided by the Union and approved by the City. Authorization,
cancellation, or modification of payroll deduction shall be made upon forms provided or
approved by the City Manager. The voluntary payroll deduction authorization shall
remain in effect until employment with the City is terminated or until canceled or
Resolution No. 2012-176 N.C.S. Page 9
modified by the employee by written notice to the City Manager. Employees may
authorize dues deductions only for the Union certified as the recognized representative of
the unit to which such employees are assigned. Any dues deduction authorization will
automatically terminate in the event that the Union's status as exclusive representative for
the bargaining unit members terminates.
(B) Sufficiency of Earnings
The employee's earnings must be sufficient to cover the amount of the deductions herein
authorized after all other required deductions are made. When an employee is in a non-
pay status for an entire pay period, no withholdings will be made to cover that pay period
from future earnings nor will the employee deposit the amount with the City which would
have been withheld if the employee had been in pay status during that period. In the case
of any employee who is in non-pay status during a part of the pay period, and the salary is
not sufficient to cover the full withholding, no deduction shall be made. In this
connection, all other required deductions have priority over the Union dues deduction.
(C) Union Dues
The Union agrees to indemnify, defend, and hold the City harmless against any claim
made and against any suit initiated against the City on account of check-off of Union
dues. In addition, the Union shall refund to the City any amounts paid to it in error upon
presentation of supporting evidence.
(D) Payment to Union
Amounts deducted and withheld by the City shall be transmitted to the officer designated
in writing by the Union as the person authorized to receive such funds at the address
spec i tied.
SECTION 5— EMPLOYER RIGHTS
It is the right of the City to make decisions of a managerial or administrative character including:
decisions on the type, extent and standards or services performed, decisions on the methods, means and
personnel by which the City operations and services are to be conducted, and those necessary to exercise
control over the City government operations in the most efficient and economical manner practicable
and in the best interests of the City residents. All managerial functions and rights to which the City has
not expressly modified or restricted by specific provision of this MOU shall remain with the City.
SECTION 6— SALARIES
6.1 Salaries
Salary ranges shall be as specified in Exhibit "A" for each classification.
6.2 Confidential Pay
Positions assigned to the Confidential Unit shall receive a premium payment of fifty dollars
($50) per month.
6.3 Temporary Assignment to a Higher Class
Employees performing out-of-class work shall be compensated at an additional five-percent (5%)
on an hour-per-hour basis when such work is being performed. Employees who are asked to
Resolution No. 2012-176 N.C.S. Page 10
•
perforni out-of-class work are eligible for out-of-class pay when the following conditions are
met:
(A) It must be approved by the department director prior to the employee working out of
classification.
(B) The employee must have been assigned the work by either the employee's supervising
manager or department director.
(C) If the member thinks the assignment is "out-of-class", it is the responsibility of the
employee to inform the person assigning the duty prior to engaging in the assignment.
(D) If the employee and person assigning the work disagree that the work should be
compensated as "out-of-class," the employee shall initiate the work assigned and may
resolve the issue through the grievance procedure.
It is the responsibility of the employee to inform the person assigning out-of-class work when
such work is finished.
SECTION 7 —SPECIAL COMPENSATION
7.1 Special Compensation — Smoking Cessation Plan
The City agrees to provide any member of the Unit up to fifty dollars ($50) for completion of a
smoking cessation program, upon receipt of the certificate of completion.
7.2 Special Compensation —Loss or Damage to Clothing
City employees may request reimbursement for the loss or damage of his/her clothing that is the
result of work activities. Requests for reimbursement shall be submitted to the department
director for review and approval. Amounts of reimbursement are at the discretion of the
department director.
7.3 Special Compensation — Work Boots
The City shall pay the cost of all work boots up to two-hundred dollars ($200) per fiscal year.
Replacement of work boots shall be on an as-needed basis with approval of the department
director. Receipts for work boot reimbursement shall be submitted to Human Resources for
processing.
7.4 Special Compensation— Bilingual Pay— Spanish
Eligible employees who are certified for bilingual proficiency in Spanish in accordance with the
City's Bilingual Testing and Certification policy shall receive two hundred dollars ($200) for
certification at a high level proficiency or verbally fluent or one hundred dollars ($100) for
certification at an acceptable level proficiency or conversational.
SECTION 8 —ALTERNATE WORK WEEK AND OVERTIME
8.1 Alternate Work Schedule
The City agrees to consider reasonable alternative work week programs proposed by the Union.
Such proposals (e.g. four (4) day work week, flex scheduling, 9/80, job sharing) may be
Resolution No.2012-176 N.C.S. Page II
considered on a case-by-case basis by the City. However, the decision as to whether and when, if
at all, to implement such alternate programs, the operation of such programs, and the ability to
modify and/or terminate such programs, is left exclusively with the City.
8.2 Alternate Work Week — Overtime
Employees who are working an alternative work week of forty (40) hours per work week shall be
paid overtime for hours worked beyond the regularly assigned hours for that day in accordance
with the City's alternative work week policy.
8.3 Overtime—Compensation Rate
All hours worked in excess of eight (8) in any one day or an excess of forty (40) in any work
week shall be compensated at the overtime rate which shall be one and one-half(1.5) times the
regular rate of pay; provided, however, that in the event an employee is required to work
overtime without a break in excess of four (4) hours beyond the end of his/her regularly
scheduled work shift, the employee shall be compensated for those excess hours at the overtime
rate of two (2.0) times the regular rate of pay. Overtime shall only be worked after having
received prior authorization by the department director or a managerial supervisor.
8.4 Overtime— Minimum
Any employee required to work overtime shall, in no case, be compensated for less than one (1)
hour for such overtime.
8.5 Overtime —Emergency
When it becomes necessary because of an emergency to have employees work during legal
holidays or during scheduled vacation leaves, such employees working on such legal holidays
and during periods of vacation shall be entitled to receive additional remuneration at the rate of
one and one-half(1.5) times his/her regular rate of pay.
SECTION 9— COMPENSATORY TIME
Employees may accrue compensatory time in lieu of being paid for overtime. Employees may accrue up
to a total of two-hundred-forty (240) hours of compensatory time per fiscal year: Employees may retain
no more than two-hundred-forty (240) hours of compensatory time on the books at any given time.
Compensatory time shall be taken at a mutually agreeable time between the employee and the City
subject to the operational requirements of the City. Employees may take up to five (5) days of
compensatory time off at a mutually agreeable time between the employee and the City, subject to the
operational requirements of the City. Compensatory time in excess of the two-hundred-forty (240) hour
limit shall be paid at one and one-half(1.5) times the regular rate of pay.
SECTION 10— STANDBY AND CALLBACK
]0.1 Standby
An employee assigned standby shall be compensated at the rate of five dollars ($5.00) per hour
for every hour the employee actually stands by. A minimum of one (1) hour at time and one-half
(1.5) shall be paid by the City for every call or assignment required.
Resolution No.2012-176 N.C.S. Page 12
When an employee is assigned standby, the employee must be ready to respond as soon as
possible, be reachable by telephone or pager, be able to report to work in a reasonable amount of
time, and refrain from activities which might impair his/her ability to perform assigned duties.
Standby assignments shall be rotated as equitably as possible among employees with
consideration given for the qualification and ability of an employee to perform the work. When
possible, standby assignments shall be distributed on a voluntary basis to qualified employees.
An employee shall be required to be on standby assignment when it is determined by the City
that such assignment is essential to the continuing efficient operation of the City or in an
emergency.
10.2 Emergency Situation
lf, in an emergency situation, an employee in this unit is asked to leave work before the end of
his/her scheduled work day with the expectation that he/she will be called back to work to finish
the remainder of his/her work day at a later time, but the employee is not in fact called back to
work that day, the City agrees to compensate the employee for the full normal working day. In
exchange, up until the time that the employee's regular shift is scheduled to end, such employees
will be on standby status, without any entitlement to any extra compensation.
10.3 Callback — Minimum
Employees, who are called back to work after having completed the normal shift and/or after
having left the worksite, shall be compensated a minimum of two (2) hours at the overtime rate.
SECTION I 1 — HOLIDAYS
11.1 Holidays — Fixed Holidays
The City shall observe twelve (12) fixed-date holidays. These holidays shall be established for
the City's fiscal year as determined by City Council resolution
The holidays for calendar years 2012, 2013, 2014, and 2015 are as follows:
Independence Day
Labor Day
Columbus Day
Veterans' Day
Thanksgiving Day
Day after Thanksgiving
Christmas Eve
Christmas Day
New Year's Day
Martin Luther King Day
Presidents' Day
Memorial Day
When a holiday falls on a Saturday, that holiday will be observed on the prior Friday. When a holiday
falls on a Sunday, that holiday will be observed on the following Monday. Should this conflict with a
Friday or Monday designated holiday, the Friday or Monday holiday will occur on the preceding
Thursday or following Tuesday.
Resolution No.2012-176 N.C.S. Page 13
Observance by an employee of a designated religious event may be granted, if practical, with at least
seven (7) days prior approval required for such leave, under the following methods:
(A) Time charged to accrued vacation allowance; or
(B) Time off without pay.
11.2 Holidays—Floating Holidays
During the fiscal year the City will authorize one. (1) "Floating Holiday" per employee, which
may be taken by the employee at a time selected by the employee, subject to operational
requirements and approval determined by the City. Employees hired between July I, and
December 31, will be eligible for a "Floating Holiday" during the course of the Fiscal Year.
SECTION 12 — VACATION
•
MISC Employees Years of Service Vacation Accrual (hrs)Accrual Limit (hrs)
Unit 1 0-4 80 160
5-9 120 240
10 128 256
11 136 272
12 144 288
13 152 304
14 160 320
15 168 336
16 176 352
17 184 368
18 192 384
19 or greater 200 400
12.1 Vacation—Accrual
All regular employees of the City, after working one (1) full year are entitled to the equivalent of
eighty (80) hours of vacation with pay in the year following the year in which vacation is earned.
All regular employees of the City, after five (5) years of continuous service with the City, and
beginning with the sixth (6th) year, shall be entitled to the equivalent of one-hundred-twenty
(120) hours of vacation per year. After ten (10) years of continuous service with the City, eight
(8) hours of vacation shall be added for each year of continuous service to a maximum of two-
hundred (200) hours of vacation.
Vacation time shall not be accumulated in excess of two (2) years.
12.2 Vacation — Scheduling
The times during a calendar year in which an employee may take his/her vacation shall be
determined by the department director with due respect for the wishes of the employee and
particular regard for the needs of the service. If the requirements of the service are such that an
employee cannot take part or all of his/her annual vacation in a particular calendar year, such
vacation shall be taken during the following calendar year.
Resolution No.2012-176 N.C.S. Page 14
12.3 Vacation — Deferral
Any eligible employee with the consent of the department director may defer his/her annual
vacation to the succeeding calendar year subject to other provisions of this rule. In the event one
(1) or more municipal holidays fall within an annual vacation leave, such holidays shall not be
charged as vacation leave, and vacation leave shall be extended accordingly.
12.4 Vacation — Usage
An employee may begin to use accrued vacation after successfully completing his/her
probationary period with the City.
12.5 Vacation — Payment Upon Termination
Employees who leave the City employment shall be paid in a lump sum for all accrued vacation
leave earned prior to the effective date of termination not to exceed two (2) years accumulation
SECTION 13 — LEAVES —SICK LEAVE
13.1 Sick Leave —Eligibility
Sick leave with pay shall be granted to all employees as set forth in this section. Sick leave is not
a right, which an employee may use at his/her discretion, but rather, shall be used only in case of
personal illness, disability or the serious illness or injury of an employee's family member that
requires the employee's attention. Family members shall include spouse, domestic partner,
children, parents, spouse's parents, brothers, sisters or other individuals whose relationship to the
employee is that of a dependent or near dependent.
13.2 Sick Leave —Accrual
Sick leave shall accrue to all full-time employees at the rate of eight (8) hours for each month of
continuous service.
13.3 Sick Leave—Notification Procedures
In order to receive compensation while absent on sick leave, the employee shall notify his/her
department director prior to or within four (4) hours after the time set for beginning his/her daily
duties. When absence is for more than three (3) days duration, the employee may be required to
file a physician's certificate with the Human Resources office stating the cause of the absence.
13.4 Sick Leave—Transfer
Employees wishing to donate hours of sick leave to another employee may do so by sending a
written request, approved by his/her department director, to the Human Resources office naming
the individual to receive the sick leave and the amount donated, with the following restrictions:
(A) Employees who wish to transfer sick leave must retain a minimum of one-
hundred-sixty (160) hours of sick leave.
(B) Transfer amounts shall be limited to the number of actual hours needed and used by the
receiving employee.
(C) Any donated sick leave hours unused by a recipient shall be returned to the donor.
Resolution No. 2012-176 N.C.S. Page 15
(D) The employee receiving the sick leave transfer must have zero (0) hours of
accrued sick leave, vacation, and accrued compensatory time.
(E) Employees may not buy or sell sick leave. Only the time may be
transferred.
(F) Employees may not transfer sick leave upon separation of service.
(G) Transfer of sick leave shall be allowed between all Units.
(H) No more than ninety (90) workdays of sick leave may be received by an
employee for any one illness or injury.
13.5 Sick Leave— Retirement Payout
In the event of the death or retirement of an employee who has completed ten (10) or more years
of continuous service with the City, the employee shall be paid or shall receive to his/her benefit
fifty-percent (50%) of his/her accumulated but unused sick leave not to exceed four-hundred-
eighty (480) hours. The employee may elect not to receive this benefit and instead place all sick
leave hours into the Ca1PERS sick leave conversion benefit.
SECTION 14 —LEAVES— INDUSTRIAL INJURY LEAVE
Benefits shall be payable in situations where miscellaneous employee absence is due to industrial injury
as provided in California State Workers' Compensation Law. During the first one-hundred-sixty (160)
work hours when the employee's absence has been occasioned by injury suffered during his/her
employment and he/she receives workers' compensation, he/she shall receive full pay. Medical
appointments related to industrial injury or illness shall he calculated on an hourly basis. Following this
period, sick leave may be a supplement to the workers' benefits provided the employee. Compensation is
at his/her regular rate for a period not to exceed six (6) months, or until such sick leave is exhausted, or
the disability is abrogated, or that employee is certified "permanent and stationary" by a competent
medical authority. The City shall pay him/her the regular salary, based on the combination of the
workers' compensation benefit plus sick leave.
Sick leave for industrial injury shall not be allowed for a disability resulting from sickness, self-inflicted
injury, or willful misconduct.
The City may retire any employee prior to the exhaustion of accumulated sick leave, at which time all
accrued but unused sick leave shall be abrogated, subject only to the limitations provided under this
MOU.
SECTION 15— LEAVES — BEREAVEMENT LEAVE
An employee shall be granted up to thirty-two (32) hours of bereavement leave in the event of death in
the employee's immediate family. For the purpose of bereavement leave, immediate family shall mean
spouse, qualified domestic partner, father, father-in-law, mother, mother-in-law, brother, brother-in-law,
sister, sister-in-law, child (including stepchildren), stepparents, grandparents and grandchildren or person
with whom the employee has a relationship in loco parentis. Up to an additional eight (8) hours of
accrued sick leave may be granted to supplement bereavement leave.
Resolution No. 2012-176 N.C.S. Page 16
In the event an employee must travel more than three-hundred (300) miles to attend a funeral or
memorial service, an additional eight (8) hours of bereavement leave shall be granted instead of the use
of eight (8) hours of sick leave.
SECTION 16— LEAVES—VICTIMS OF DOMESTIC VIOLENCE AND SEXUAL
ASSAULT LEAVE
California Labor Code 230 and 230. 1 allows use of such leave for Victims of Domestic Violence for any
of the following: to seek medical attention for related injuries; to obtain services from a domestic
violence shelter, program or rape crisis center; to obtain psychological counseling; or to participate in
safety planning. Certification of need may be required in the form of a police report, protection order,
and documentation from court or from a medical professional, domestic violence advocate or counselor.
The City of Petaluma provides appropriate leave, in accordance with California Labor Code Section 230.
SECTION 17— LEAVES— MILITARY LEAVE
The City of Petaluma shall grant military leave benefits to eligible employees in accordance with
California's Military Leave Laws found in Military & Veteran's Code 389 et seq., the Federal
Uniformed Services Employment and Re-employment Rights Act (USERRA), found at 389 U.S.C. 4301
el seq., and the City of Petaluma Resolution No. 2004-200 N.C.S. Employees in the Ready Reserves of
the Armed Forces who are ordered to active military duty or training under Executive Order 13223, shall
have continued benefits in effect throughout his/her active duty training for a period of three hundred
sixty-five (365) calendar days or until the date of discharge from military service, whichever occurs first,
unless this policy is changed by action of the City Council.
SECTION 18— LEAVES— ELECTION OFFICER LEAVE AND VOTING LEAVE
When an employee's actual work schedule, otherwise would prevent the employee from voting in any
state, county, or general election, the employee may be granted up to two (2) hours of paid time to vote,
in accordance with Election Code 14000. The employee must provide the City with at least two (2)
working days' notice that he/she will be taking time off to vote.
SECTION 19 —LEAVES — SCHOOL VISITATION LEAVE
An employee may take up to forty (40) hours off in a year to participate in his/her child's school
activities, in accordance with California-Labor Code Section 230.8.
SECTION 20— LEAVES—LEAVE OF ABSENCE WITHOUT PAY
The City Manager may grant a regular or probationary employee leave of absence without.pay pursuant
to State and Federal Law. Good cause being shown by a written request, the City Manager may extend
such leave of absence without pay or seniority or benefits for an additional period not to exceed six (6)
months. No such leave shall be granted except upon written request of the employee setting forth the
reason for the request, and the approval will be in writing. Upon expiration of a regularly approved
leave or within a reasonable period of time after notice to return to duty, the employee shall be reinstated
in the position held at the time leave was granted. Failure on the part of an employee on leave to report
promptly at its expiration, or within a reasonable time after notice to return to duty shall be cause for
discharge.
Resolution No. 2012-176 N:C.S. Page 17
SECTION 21 — LEAVES—JURY DUTY LEAVE
Any employee summoned for jury duty shall be entitled to a leave of absence with full pay for such
period of time as may be required to attend the court in response to such summons. Any employee may
retain payment for travel, but shall make payable to the City any and all fees which the employee may
receive in payment for service as a juror. For Grand Juries this compensation shall not extend beyond
twenty (20) working days.
SECTION 22 — FAMILY CARE and MEDICAL LEAVE (FMLA & CFRA)
22.1 FMLA and/or CFRA Leave
The City shall provide family and medical care leave for eligible employees as required by City
policy, state and federal law and as specifically provided in the Federal Family and Medical
Leave Act of 1993 (FMLA) and the California Family Rights Act of 1993 (CFRA). If possible,
employees must provide thirty (30) days advance notice of leave.
22.2 FMLA and/or CFRA— Second Opinion
The employee shall provide the City with a health care provider certification. The City, at City
expense, may require a second opinion on the validity of the certification. Should a conflict arise
between health providers, a third and binding opinion, at City expense shall be sought.
SECTION 23 — LEAVES — PREGNANCY DISABILITY LEAVE
The City shall provide pregnancy disability leave (PDL) for eligible employees as required by City
policy and applicable state law and as specifically provided in the Fair Employment and Housing Act
and the Family Medical Leave Act. If possible, employees must provide thirty (30) days advance notice
of leave.
SECTION 24— DISCRIMINATION, HARASSMENT & RETALIATION PROHIBITED
The City and its employees are prohibited from discriminating against an applicant or employee because
the employee is in a "protected class" (based on age, race, etc.) in taking any personnel actions (such as
hiring, promotion, discipline, etc.) Employees are prohibited from harassing any employees due to race,
sex, age, etc. The City and its employees arc prohibited from retaliating against an employee because
the employee has filed a complaint of discrimination or harassment or opposed actions by other
employees that constituted discrimination or harassment.
SECTION 25— REASONABLE ACCOMMODATION
In accordance with the California Fair Employment and House Act (FEI-IA) and the Americans with
Disability Act (ADA), the City will reasonably accommodate any known protected disability of an
employee.
SECTION 26 —CALIFORNIA PUBLIC EMPLOYEES' RETIREMENT SYSTEM
The Union and the City have reached agreement on establishing a different level of benefits (two-tiered
retirement) for newly hired Miscellaneous employees. Effective upon agreement with the City's other
Resolution No. 2012-176 N.C.S. Page I8
Miscellaneous bargaining units, the City shall amend its contract with CaIPERS. The amended contract
shall provide that Miscellaneous employees hired after the effective date of the amendment shall receive
the 2% at 60 formula retirement plan and the three-year final average compensation; instead of the
current benefit of 2% at 55 formula retirement plan and one-year final average compensation.
The establishment of this second tier of benefits shall not affect the benefits currently in effect for
employees hired prior to the effective date of the CaIPERS contract amendment.
The City provides Miscellaneous employees with the two percent (2%) at fifty-five (55) formula
retirement plan. The City's contract with CaIPERS includes the following optional benefits:
• Third Level - 1959 Survivor's Benefit as provided in Section 21573 (April 5, 1999).
• Military Service Credit as provided in Section 21024 (January 1, 1992).
• One-Year Final Compensation as provided Section 20042 (November 1, 1980).
• Credit for Unused Sick Leave as provided in Section 20965 (November 1, 1980).
• Cost of Living Allowance two percent (2%) as provided by Section 21329 (April 1, 1971).
• Retired Death Benefit of five-hundred dollars ($500) as provided in Section 21620 (December
1, 1969).
• Death Benefit Continues as provided in Section 21551 (January 1, 2000).
• Prior Service Credit as provided in Section 20055 (January 1, 1950).
The City shall continue to defer that portion of the employee's contribution paid to CaIPERS through
section 414(h)(2) of the Internal Revenue Code pursuant to City of Petaluma Resolution 90-363 N.C.S.
SECTION 27— HEALTH BENEFITS —ACTIVE EMPLOYEES
27.1 Active Employees—PEMHCA Contribution
The City currently provides health benefits through the California Public Employees' Retirement
System (CaIPERS) Health Benefits Program under the Public Employees' Medical and Hospital Care
Act (PEMHCA). The City's employer contribution for each employee's health benefits shall be the
minimum required by PEMHCA. The City pays this contribution directly to CaIPERS.
27.2 Additional Benefit Amount Paid by the City
Effective January 1, 2012 and 2013 the City shall pay the additional contribution amount
specified in the chart below labeled "Additional Benefit— Effective January 1, 2012 and 2013"
under the column entitled "Maximum Additional Benefit Contributed by the City" for current
employees and their covered family members.
27.3 Additional Benefit—Effective January l 2012—Increase of 7.3%in Kaiser Rate
2012 City Maximum Additional Total Benefit
Coverage Kaiser Rate PEMHCA Benefit Contributed Contributed by the
Contribution by the City City
Single $610.44 $112.00 $473.52 $585.52
2-Party $1,220.88 $112.00 $1,053.44 $1,165.44
Family $1,587.14 $112.00 $1,401.38 $1,513.38
Resolution No. 2012-176 N.C.S. Page 19
27.4 Additional Benefit—Effective January] 2013
2013 Health
Plan Rate(9% City Maximum Additional Total Benefit
Coverage Increase of 2012 PEMHCA Benefit Contributed Contributed by the
Kaiser Rate Contribution by the City City
Single $665.38 $115.00 $522.86 $637.86
2-Party $1,330.76 $115.00 $1,154.97 $1,269.97
Family $1,729.98 $115.00 $1,534.23 $1,649.23
27.5 Additional Benefit—Effective January 1, 2014
The 2014 CaIPERS Premium for Kaiser-Bay-Area/Sacramento and required 2014 PEMHCA
Contribution is unknown. Effective January I, 2014 the City shall pay an additional benefit that
depends upon the actual percentage increase in the Kaiser-Bay-Area/Sacramento premium.
The City's additional benefit contribution for 2014 shall be an amount up to a nine percent(9%)
increase of the 2013 Health Plan Rate specified in section 27.4, less the City's PEMHCA
contribution, times ninety-five percent (95%) or an amount equal to the actual 2014 Ca1PERS
Health Premium for Kaiser-Bay-Area/Sacramento, less the City's PEMHCA contribution, times
ninety-five percent (95%) for current employees and their covered family members, whichever is
less.
Up to 9%
Increase of 2013 City's Maximum
Health Plan Rate Additional Benefit
Coverage or actual 2014 PEMI ICA Contributed
Kaiser Rate, Contribution by the City
whichever is less
Up to 9% Increase of 2013 Health Plan Rate
Up to $725.26 or specified in section 27.4, less the City's
Single actual whichever Unknown PEMHCA contribution, times 95%or the actual
is less 2014 CaIPERS Health Premium for Kaiser-Bay-
Area/Sacramento, less the City's PEMHCA
contribution,times 95%, whichever is less.
Up to $1,450.53
or actual
2-P arty whichever Unknown
is less
Up to $1,885.68
or actual
Family whichever Unknown
is less
27.6 Additional Benefit— Effective January 1, 2015
The 2014 and 2015 CaIPERS Premium for Kaiser-Bay-Area/Sacramento and required 2014 and
2015 PEMHCA Contribution is unknown. Effective January 1, 2015 the City shall pay an
Resolution No. 2012-176 N.C.S. Page 20
additional benefit that depends upon the actual percentage increase in the Kaiser-Bay-
Area/Sacramento premium for 2014 and 2015.
The City's additional benefit contribution for 2015 shall be an amount up to a nine percent (9%)
increase of the 2014 Health Plan Rate contribution amount when known, less the City's
PEMHCA contribution, times ninety-live percent (95%); or an amount equal to the actual 2015
CaIPERS Health Premium for Kaiser-Bay-Area/Sacramento, less the City's PEMHCA
contribution,times ninety-live percent (95%) for current employees and their covered family
members, whichever is less.
27.7 Future Contribution
The amount of the City's future contribution for current employees and their covered family
members shall remain at the levels established effective January 1, 2015, until changed through
the meet and confer process and/or as allowed by the MMBA.
27.8 Employee Contribution
Employees shall contribute to his/her CaIPERS Health Premium in the amounts less the City's
PEMFICA contribution and less the additional benefit dollar paid by the City.
SECTION 28 — HEALTH BENEFITS— RETIRED EMPLOYEES
28.1 Retired Employees—CaIPERS and the PEMHCA
The City currently provides health benefits through the California Public Employees' Retirement
System (Ca1PERS) Health Benefits Program under the Public Employees' Medical and Hospital Care
Act (PEMHCA). In order to be eligible to receive health benefits through CaIPERS upon retirement,
a City of Petaluma employee must meet the following definition of"annuitant" under CaIPERS law:
(A) employee must be a member of CaIPERS; and
(B) employee must retire within 120 days of separation from employment with the City of
Petaluma and receive a monthly retirement allowance from CaIPERS.
28.2 "Unequal Contribution" Method for 1-Iealth Care Premium Payments for Retirees
The City uses the "unequal contribution" method for health care premium payments for annuitants
(retirees), as permitted under Government Code section 22892. Under this method, the City is
required annually to increase the total monthly annuitant health care contribution to equal an amount
not less than the number of years the City has been in the PEMHCA program multiplied by five
percent (5%) of the current monthly employer contribution for active employees until the time the
City's contribution for annuitants equals the City's PEMFICA contribution paid for active employees.
By way of explanation, for calendar year 2012, the formula for determining the City's PEMHCA
contribution for retirees is as follows: 18 years in the PEMHCA program x 5% = 90% x $112
(minimum employer contribution for active employees for 20121=$100.80
For calendar year 2013, the formula for determining the City's PEMI-ICA contribution for retirees is
as follows: 19 years in the PEMHCA program x 5%= 95% x $115 (minimum employer contribution
for active employees for 2013)—$109.25
Resolution No. 2012-176 N.C.S. Page 21
Effective calendar year 2014 the "unequal contribution" method for health care premium payments for
annuitants (retirees) will be at the twenty year mark. Thus. the City's contribution for the PEMHCA
program will be at 100% (5% x 20 years). Therefore the monthly employer contribution for
annuitants is the required minimum PEMI-ICA contribution.
The City pays this contribution directly to CaIPERS. The retiree is required to contribute to the cost of
the health benefit coverage. The retiree's monthly contribution shall be the cost of the monthly health
benefit premium less the amount of the City's contribution.
28.3 CaIPERS Annuitant — PEMHCA Health Benefits
In accordance with the PEMHCA provisions, if an employee is a CaIPERS annuitant as defined
in Section 28.1 and receives health benefits under the PEMHCA, the employee is eligible to
receive the City's PEMHCA contribution amount specified in Section 28.5 below, regardless of
the number of years of service with the City of Petaluma.
28.4 Less Than 20 Years of Service— Not Receiving PEMHCA I-lealth Benefits
An employee with less than twenty (20) years of service with the City of Petaluma who is not
enrolled in the CaIPERS health benefit program does not receive any retiree benefit from the
City.
28.5 Less Than 20 Years of Service— Receiving PEMI-ICA l-lealth Benefits
An employee with less than twenty (20) years of service with the City of Petaluma who is a CaIPERS
annuitant as defined in Section 28.1 and enrolled in the CaIPERS health benefit program is eligible to
receive the City's PEMHCA contribution amount according to the following schedule:
Calendar Year City's Monthly PEMHCA contribution
2012 $100.80
2013 $109.25
2014 Minimum PEMHCA contribution as set by CaIPERS
2015 Minimum PEMI-1CA contribution as set by CalPERS
The City's PEMI-1CA contribution amount is deducted from the retiree's monthly health
premium and paid to CaIPERS directly by the City.
28.6 20 Years or More of Service— Not Receiving PEMHCA Health Benefits
An employee with twenty (20) or more years of service with the City of Petaluma who is not
enrolled in the CaIPERS health benefits program shall receive direct payments in the amount of
one-hundred-forty dollars ($140) each month, effective the first month following the expiration of
health benefit coverage.
28.7 20 Years or More of Service—Receiving PEMHCA Health Benefits
An employee with twenty (20) years or more of service with the City of Petaluma who is a
CaIPERS annuitant as defined in Section 28.1 and enrolled in the CaIPERS health benefit
program shall receive a benefit payment of one-hundred-forty dollars ($140) per month as specified
in this section. The City's cash retiree benefit is sent directly to the retiree.
Resolution No. 2012-176 N.C.S. Page 22
The following chart indicates the amount of the City's PEMHCA contribution and the amount of
cash payment to the retiree in the coming years.
Calendar City PEMHCA contribution City Cash Retiree Benefit Total Benefit
Year Amount
2012 $100.80 $39.20 $140.00
2013 $109.25 $30.75 $140.00
2014 Minimum PEMHCA Total benefit amount of$140.00 $140.00
contribution as set by minus the City monthly
CaIPERS PEMHCA contribution.
2015 Minimum PEMHCA Total benefit amount of$140.00 $140.00
contribution as set by minus the City monthly
CaIPERS PEMHCA contribution.
It is the responsibility of the retiree to notify the City in writing if he/she is no longer participating in
the CaIPERS health benefit program. Following receipt of the written notice, the City will commence
direct payment of the one-hundred-forty dollars($140) at the beginning of the following month.
SECTION 29 — CASH IN-LIEU OF HEALTH AND DENTAL BENEFITS
Employees with health and/or dental benefit insurance coverage from a source other than the City, or
employees with health and dental benefit insurance coverage from a City employee, may request cash in-
lieu of health and dental benefits. To be eligible for the cash in-lieu benefit program employees must
waive his/her coverage under the City's health and/or dental benefits, agree to the terms and conditions
of the cash in-lieu benefit program and have written verification of health and/or dental benefits
insurance.
The cash in-lieu amount for health coverage shall be in the amount of fifty percent (50%) of the health
insurance premium amount of the Ca1PERS Kaiser — Bay-Area/Sacramento that the City would
otherwise pay for the employee and his/her family members. The cash in-lieu amount for dental
insurance benefits shall be in the amount of fifty percent (50%) of the established dental program
composite rate.
Upon declining medical and/or dental insurance, the employee will be required to meet the terms and
conditions regarding the City's medical and/or dental plan. If an employee decides to stop receiving the
medical/dental cash back and wishes to re-enroll into the City's medical and/or dental plan, then he/she
must meet the current terms and conditions of the City's medical and/or dental plan. The City cannot
guarantee that once the employee leaves a particular medical and/or dental plan, he/she may be able to
re-enroll in his/her prior plan and under the same terms and conditions of his/her prior plan.
SECTION 30 — SECTION 125 PLAN
The City of Petaluma has established and shall offer to eligible employees an Internal Revenue Code
(IRC) Section 125 plan. The Section 125 plan is subject to federal law and plan provisions.
The Section 125 Plan offered by the City provides employees with a tax savings through the following
programs:
(A) Pre-Tax Health Insurance Premiums
Resolution No. 2012-176 N.C.S. Page 23
This program allows employees to pay his/her share of health insurance premiums with
pre-tax dollars.
(B) Flex Spending Accounts (FSAs)
(I) Medical Reimbursement
This program permits employees to pay for common out-of-pocket medical
expenses (not covered by insurance) such as deductibles, co-pays, and vision and
dental care with pre-tax dollars.
(2) Dependent Care Reimbursement
This program permits employees to pay for most child and/or dependent care
expenses with pre-tax dollars.
SECTION 31 — DENTAL INSURANCE
The City shall provide a dental plan for the term of the MOU and pay the total premium costs for the
employee and eligible dependents. The maximum benefit amount is one-thousand-five-hundred dollars
($1,500) per person per calendar year. Orthodontic coverage shall be provided for dependent children
under the age of nineteen (19) years and is 50% of the dentist's allowed fee (subject to a $1,000 lifetime
maximum per person).
SECTION 32 —VISION INSURANCE
The City shall provide a vision plan for employees and eligible dependents. The cost shall be paid for by
the City. Employees are eligible for eye exams every twelve (12) months with a twenty-five ($25)
deductible. Frames are available every twelve (12) months with a maximum benefit of one-hundred-
twenty dollars ($120) and lenses are available every twelve (12) months with a maximum benefit of two-
hundred dollars($200).
SECTION 33 — LIFE INSURANCE
The City shall provide for a group term life insurance program for the City employees in this Unit. The
City shall pay, during the course of the MOU, the insurance cost towards employee only coverage for
such insurance in the principle sum of seventy-five thousand dollars ($75,000), per employee.
SECTION 34— DISABILITY INSURANCE
34.1 Short-Term Temporary Disability Benefit Program
The City has established and shall provide eligible employees with a short-term temporary
disability benefit program in accordance with administrative policy.
34.2 Short-Term Disability Insurance— Voluntary
The City agrees that employees in this unit may, on a purely voluntary basis and at his/her own
expense, participate in AFLAC's short-term disability insurance, as long as the number of
employees electing to participate in the program meets the minimum participation standards set
by the carrier.
Resolution No. 2012-176 N.C.S. Page 24
34.3 Long-Term Disability Insurance
The City shall provide for a long-term disability plan, with the premium to be paid for by the
City.
SECTION 35 — EMPLOYEE ASSISTANCE PROGRAM
The City will provide an Employee Assistance Program to employees and his/her immediate families.
This licensed counseling service will provide assistance and referrals for marriage and family problems,
alcohol and drug dependency, emotional, personal, and stress-related concerns and other issues. All
counseling services are confidential.
SECTION 36— DEFERRED COMPENSATION
The City shall make available to the members of this unit the City's Deferred Compensation Plan.
SECTION 37—TRANSFERS/PROMOTIONS RETREAT ENTITLEMENT
An employee who transfers or promotes to another the City position shall, for a period of six months, be
entitled to retreat to the job classification formerly held, as long as that position is currently unfilled.
Such an employee shall not be subject to another probationary period, so long as the employee has
successfully completed probation in the pre-promotional classification.
SECTION 38 — NEW OR CHANGED CLASSIFICATION
The City shall notify the Union and staff representative when proposing to abolish or create a new
bargaining unit position. In the event a new classification is established, the City shall assign it to a pay
grade based upon the work to be performed after comparison with other classifications.
The City shall provide the Union president with a written classification description of the new or
changed classification which shall describe the content sufficiently to identify the classification.
Upon receipt of the City's description, the president of the Union, or his/her designated representative,
shall be afforded an opportunity to discuss the new or changed classification and assignment to the pay
grade with the City Manager or his/her representative. If the Union does not request a meeting within
five (5) work days of the receipt of the City's recommendation, it shall be deemed to be approved by the
Union.
SECTION 39 — PROBATIONARY PERIOD
All original, transfer, and promotional appointments shall be subject to a probationary period. The
probationary period shall be regarded as part of the testing process. It shall be utilized for closely
observing the employee's work performance. A probationary employee, whose performance does not
meet the required standards of work, may be rejected.
In accordance with the City's administrative policy, a minimum of a six (6) month probationary period is
required for all established classifications. However, an incumbent in a technical classification serves a
twelve (12) month probationary period; an incumbent in a clerical classification serves a six (6) month
probation period.
Resolution No. 2012-176 N.C.S. Page 25
For promotion and/or transfer an employee's probationary period is six (6) months. Should an employee
be on a leave of absence without pay, the probationary period will be extended for that time.
During the probationary period, an employee may be rejected at any time by the City Manager without
cause and without the right of appeal.
Any employee rejected during the probationary period following a promotional or transfer appointment
shall be discharged except as provided in section Transfers and Promotions.
Promotions of employees still on probation will result in a new probationary period for the class into
which the individual was promoted.
SECTION 40 — DISCIPLINE PROCEDURE
40.1 Discipline—Methods
When an employee has not met standards of professional conduct the City of Petaluma may
impose the following types of discipline:
(A) Verbal Counseling
(B) Letters of Counseling
(C) Corrective Written Action
(D) Suspension Without Pay
(E) Reduction in Pay
(F) Demotion
(G) Disciplinary Probation
(H) Discharge/Termination
Any authorized supervisor may initiate and recommend discipline for cause against an employee under
his/her supervision in accordance with these procedures.
40.2 Discipline — Verbal Counseling
The City may correct an employee with verbal counseling. There shall be no written notice of
verbal counseling placed in an employee's personnel file.
40.3 Discipline—Letters of Counseling
The City may correct an employee with a letter of counseling. The letter of counseling shall be
placed in an employee's personnel file. Employees may request in writing to the department
director with a copy to the Human Resources office that letters of counseling which are two (2)
or more years old be destroyed when:
(A) The employee's personnel file does not contain subsequent letters of corrective action;
and,
(B) There is no other current or pending corrective action at the time the employee submits
his/her request to the department director.
40.4 Discipline—Corrective Written Action
The City may correct an employee in a written notice. The written notice shall include the basis
for the correction and by attachment any other relevant documents. The employee may within
Resolution No. 2012-176 N.C.S. Page 26
thirty (30) calendar days respond to the City, either in writing or orally to the notice before it is
placed in his/her personnel file. If the employee chooses, he/she may prepare a written response
and have it placed with the City's written correction in his/her personnel file. There "shall be no
further appeal of a written correction.
40.5 Discipline — Employee Notice
For discipline other than a written correction, the employee shall receive a written notice of the
discipline, the basis for the discipline, and by attachment other documents upon which the
discipline is based, along with notice of the right to respond, either in writing or orally, before
discipline is imposed.
If requested by the employee in writing within fourteen (14) calendar days the City shall meet
with the employee, unless a different date is set by mutual agreement.
40.6 Discipline—Employee Response
If the employee elects to respond to the discipline, he/she shall either provide a written request to
the City within seven (7) calendar days of receiving the notice of discipline. The request may be
accompanied by a written position statement. If requested, the department director shall.convene
a meeting within seven (7) calendar days of receiving the request to review the employee's
response and position before discipline is imposed. The employee shall be entitled to a
representative of his/her choice, provided that the representative shall not be directly involved in
the events underlying the proposed discipline. At the meeting, the employee shall be provided an
informal opportunity to respond to the discipline and to present any information for consideration
by the department director. Seven (7) calendar days after the employee has been provided an
opportunity to respond to the discipline, the department director shall issue a written notice with
his/her decision.
40.7 Discipline— Employee Appeal
For suspension greater in severity than five (5) working days, and other discipline other than
written correction, the employee shall have the right to appeal the department director's decision
to the City Manager or alternatively, the Union may elect to appeal the discipline to advisory
arbitration before discipline is imposed. If the employee elects to appeal the discipline to the City
Manager, or if the Union elects to appeal the discipline to advisory arbitration, they shall within
fourteen (14) calendar days from the notice of the department director's final decision submit a
written request to the City Manager to appeal the discipline. If no written request is submitted to
the City Manager within the fourteen (14) day time frame, the right of appeal is waived and the
discipline shall become final.
40.8 Discipline— Employer Review
If the employee elects to have the City Manager review the discipline, the City Manager shall
convene a meeting to review the employee's response and position before discipline is imposed.
The employee shall be entitled to a representative of his/her choice. At the meeting, the employee
shall be provided the opportunity to respond to the discipline and to present any information for
consideration by the City Manager. Fourteen (14) calendar days after the employee has been
provided an opportunity to respond to the discipline, the City Manager shall issue a written
notice with his/her decision. The City Manager's decision shall be final.
Resolution No. 2012176 N.C.S. Page 27
40.9 Discipline—Advisory Arbitration
As an alternative, the Union may elect to appeal discipline to advisory arbitration before
discipline is imposed.
(A) The arbitrator shall be selected from a list provided by the American Arbitration
Association or the State Mediation and Conciliation Service. A list of seven names shall
be requested from either source in a manner to be jointly agreed upon by the City and
Union. The City and the Union, shall alternatively delete names from the list.
(B) The arbitrator so selected shall conduct a hearing as expeditiously as possible at a time
and place convenient to the City, the employee and the Union.
(C) The arbitrator shall have the authority to convene the hearing, receive evidence through
testimony and documents and to make findings of fact and conclusion whether the
discipline was for just cause and whether the discipline was appropriate. The arbitrator
may recommend an outcome, but the final authority rests with the City Manager.
(D) Within thirty (30) calendar days after the hearing, the arbitrator shall submit in writing
his/her advisory recommendations to the city Manager and the employee.
(E) Within fourteen (14) calendar days of receipt of the arbitrator's advisory
recommendations, the City Manager shall issue a final decision. The City Manager's
decision shall be final.
(F) Any costs associated with the arbitration hearing shall be borne equally by the City and
Union.
(G) City employees who are employed "at-will," or who are temporary or probationary, are
not subject to the requirement of good cause, and are not entitled to these discipline
procedures.
SECTION 41 —GRIEVANCE PROCEDURE
41.1 Purpose of the Procedure
The purpose of the grievance procedure is to process and resolve grievances arising out of the
interpretation, application, or enforcement of the express terms of this agreement; to promote
improved employer-employee relations by establishing procedures for resolving such grievances;
to afford employees individually or through his/her recognized employee organization a
systematic means of obtaining further consideration of such grievances after every reasonable
effort has failed to resolve them through discussions; to provide that the grievances shall be
settled as near as possible to the point of origin; to provide that the grievance procedure shall be
conducted as informally as possible.
"Grievance" is defined as any dispute concerning the interpretation, application, or enforcement
of the express terms of this agreement (not including disputes regarding or appeals of disciplinary
actions).
Resolution No. 2012-176 N.C.S. Page 28
41.2 Conduct of Grievance Procedure
(A) The time limits specified below may be extended to a definite date by mutual agreement
of the employee, his/her representative, and the reviewer concerned.
(B) The employee may request the assistance of another person of his/her own choosing in
preparing and presenting his/her grievance at any level of review.
(C) The employee and his/her representative may be permitted to use a reasonable amount of
work time as determined by the appropriate department director in conferring about and
presenting the grievance.
(D) Employees shall not be retaliated against for using the grievance procedures.
41.3 Grievance Procedure
(A) Step One
An employee who has a grievance (as defined above) should first try to get it settled
through an informal discussion with his/her immediate supervisor without undue delay.
The employee must present the grievance within thirty (30) working days of the event(s)
giving rise to the grievance or the grievance shall be deemed untimely. Every effort
.should be made to find an acceptable solution by informal means at his/her lowest
possible level of supervision.
If the employee is not in agreement with the decision reached by the informal discussion
in Step One, the employee shall have the right to elevate the grievance to Step Two.
(B) Step Two
To elevate to Step Two, the employee shall submit a written grievance within ten (10)
working days after the informal discussion with the immediate supervisor. The written
grievance shall specify the term of the agreement at issue and the factual basis of the
grievance. The immediate supervisor shall render a decision in writing and return it to the
employee within ten (10) working days after receiving the written grievance.
If the employee is not in agreement with the written decision rendered by his/her
immediate supervisor, the employee shall have the right to elevate the grievance to Step
Three.
If the employee does not receive a decision in writing from his/her immediate supervisor
within fifteen (15) working days of the employee's submission of the written grievance,
the employee may elevate the grievance to Step Three.
Failure of the employee to take further action within the days specified shall be
considered by the City as dropping the grievance.
(C) Step Three
To elevate to Step Three, the employee shall present the written grievance within ten (10)
working days after receiving the immediate supervisor's written decision, or if no
decision is rendered, within fifteen (15) working days of the employee's submission of
the written grievance to his/her immediate supervisor.
Resolution No. 2012-176 N.C.S. Page 29
If the next level of supervision is not a department director, the next level supervisor, or
manager shall discuss the grievance with the employee, and his/her representative if
requested, and any other person the supervisor or manager deems appropriate. The
supervisor or manager shall render a decision in writing, and return it to the employee
within ten (10) working days after,receiving the written grievance.
If the employee is not in agreement with the written decision rendered by his/her
supervisor or manager, the employee shall have the right to elevate the grievance to Step
Four.
If the employee does not receive a decision in writing from his/her supervisor or manager
within fifteen (15) working days of the employee's submission of the written grievance,
the employee may elevate the grievance to Step Four.
Failure of the employee to take further action within the days specified shall be
considered by the City as dropping the grievance.
(D) Step Four
To elevate to Step Four, the employee shall present the written grievance within ten (10)
working days after receiving the supervisor or manager's written decision, or if no
decision is rendered, within fifteen (15) working days of the employee's submission of
the written grievance to the supervisor or manager.
The department director shall discuss the grievance with the employee, and his/her
representative if requested and any other person the department director deems
appropriate. The department director shall render a decision in writing, and return it to
the employee within ten (10) working days after receipt of the written grievance.
If the employee is not in agreement with the written decision rendered by his/her
department director, the employee shall have the right to elevate the grievance to Step
Five.
If the employee does not receive a decision in writing from his/her department director
within fifteen (15) working days of the employee's submission of the written grievance,
the employee may elevate the grievance to Step Five.
Failure of the employee to take further action within the days specified shall be
considered by the City as dropping the grievance.
(E) Step Five
To elevate to Step Five, the employee shall present the written grievance within ten (10)
working days after receiving the department director's written decision, or if no decision
is rendered, within fifteen (15) working days of the employee's submission of the written
grievance to the department director.
The City Manager, or a designated representative, shall discuss the grievance with the
employee, and his/her representative if requested, and with other appropriate persons the
City Manager deems appropriate. The City Manager may designate a fact-finding
Resolution No. 2012-176 N.C.S. Page 30
committee or officer not in the normal line of supervision, to advise him/her concerning
the grievance. The City Manager Shall render a decision in writing to the employee
within twenty (20) working days after receipt of the written grievance. The City
Manager's decision shall be final.
SECTION 42 — LAYOFF AND RECALL
42.1 Layoff Application
Should the City decide; for labor cost-control reasons, to permanently eliminate bargaining unit
work by permanently replacing existing bargaining unit positions with contract or subcontract
employees to do the same work under similar conditions of employment ("Work Elimination"),
the City agrees to notify the Union fourteen (14) days prior to implementation of the work
elimination, in order to allow the Union to meet and confer with respect to the effects of the
proposed action upon the bargaining unit employees and to propose effective economical
methods, if any, by which such work could continue to be provided by the City's own employees.
It is not the intention of the City to contract out work normally performed by bargaining unit
employees. If the City proposes to abolish a position, whether filled or vacant, the City will
notify the Union and afford the opportunity to meet and confer.
42.2 Layoff—Employer Right
Whenever, in the judgment of the City Council, it becomes necessary to abolish any position of
employment due to a re-organization or to separate employees due to lack of work or funds, the
employee holding such position or employment may be laid off or demoted without disciplinary
action and without the right of appeal.
42.3 Layoff— Employee Notification
Employees to be laid oil shall be given, whenever possible, at least fourteen (14) calendar days'
prior notice.
42.4 Layoff— Vacancy and Reclassification
Except as otherwise provided, whenever there is a reduction in the work force, the appointing
authority shall first demote to a vacancy, if any, in a lower classification for which the employee
who is the latest to be laid off in accordance with Section 42.7 is qualified. All persons so
demoted shall have his/her names placed on the re-employment list.
42.5 Layoff— Employee Rights
An employee affected by layoff shall have the right to displace an employee in the same
department who has less seniority in 1) a lower classification in the same classification series or
in 2) a lower classification in which the affected employee once had regular status. For the
purpose of this section and Section 42.6, seniority includes all periods of full-time service at or
above the classification level where the layoff is to occur.
42.6 Layoff— Seniority
In order to retreat to a former or lower classification, an employee must have more seniority than
at least one (I) of the incumbents in the retreat classification, be qualified to hold the retreat
classification or have served in the retreat classification prior to the layoff and request
displacement action in writing to the Human Resources office within five (5) working days of
receipt of notice of layoff.
Resolution No. 2012-176 N.C.S. Page31
Employees within each category shall be laid off in reverse order of seniority within the
classification series. Seniority for the retreat classification would be the combination of time
served (at or above) in the layoff classification and any prior time served in the retreat
classification. Ties will be broken based upon seniority of total City service.
Employees retreating to a lower or similar classification shall be placed at the salary step
representing the least loss of pay. In no case shall the salary be increased above that received in
the classification from which the employee was laid off.
Employees retreating to a lower or similar classification shall serve a probationary period in the
new classification unless they have previously completed a probationary period in the retreat
classification or a higher classification in the series.
42.7 Layoff—Order of
In each classification of position within the competitive service, employees shall be laid off
according to employment status in the following order: temporary, provisional, probationary,
and regular.
Temporary, provisional, and probationary employees shall be laid off according to the needs of
the service as determined by the appointing authority.
42.8 Recall— Re-Employment List
The names of persons laid off or demoted in accordance with these rules shall be entered upon a
re-employment list. Lists from different departments or at different times for the same
classification of position shall be combined into a single list based on seniority. Such list shall be
used by every appointing authority when a vacancy arises, based on seniority, in the same or
lower classification of position before certification is made from an eligible list.
42.9 Recall — Duration of Re-Employment List
Names of persons laid off shall be carried on a re-employment list for two (2) years.
SECTION 43 — EMPLOYEE PERSONNEL FILE
43.1 Employee Personnel File — Right to Inspect
An employee (or employee representative with written authorization from the employee) shall
have the right to inspect and review his/her employee personnel tile. The employee's personnel
tile shall be made available to the employee for inspection and review at a mutually agreeable
time between the employee and Human Resource office staff member.
43.2 Employee Personnel File—Acknowledgement Adverse Comments
Before any adverse comments are placed in an employee's personnel file, the employee shall be
given a copy of the material to be placed in his/her file; and written notice that the material will
be placed in his/her personnel file. The material shall contain either a written acknowledgment
that the employee has received the material and the notice, or a statement signed by the person
who delivered the material that the employee refused to sign such an acknowledgment. The
employee may write a response to the document containing the adverse comment for placement
in his/her personnel file.
Resolution No.2012-176 N.C.S. Page 32
SECTION 44—OTHER
44.1 Performance Evaluations
(A) Performance evaluations are a process designed to acknowledge the performance of an
employee.
(B) A probationary employee shall receive at least one (1) performance evaluation during
his/her probationary period at or near the midpoint of the probationary period.
(C) An employee who disagrees with his/her performance evaluation shall be given
opportunity to submit a written response to the evaluation. The response will accompany
the performance evaluation in the employee's personnel file. The contents of a
performance evaluation shall not be subject to the provisions of the Grievance Procedure
of this MOU.
44.2 Safety Committee
The City agrees that it has the obligation to take reasonable steps to furnish employment and a
place of employment, which is safe and healthful for its employees.
The Union may report to the City any condition, which it perceives to be a working condition
that is less than safe or healthful. Upon receiving such a report, the City agrees to meet with the
Union to discuss the reported condition.
A Safety Committee composed of one (I) member of this Unit and a member of management
shall meet with other Unit designees in a Safety Committee that shall meet at least twice (2x)
yearly to discuss safety practices, methods of reducing hazards, safety training, building
inspections and other mandatory elements of the City's Injury and Illness Prevention Program.
SECTION 45— MUTUAL ACCEPTANCE AND RECOMMENDATION
This document represents the final and complete Agreement resulting from the 2011 and 2012
Meet and Confer sessions with the American Federation of State, County and Municipal
Employees, AFSCME, 675, Unit 1 Confidential.
Representatives of the City and Unit I acknowledge that they have fulfilled his/her mutual
respective obligations to meet and confer under the Meyers-Milias-Brown Act, As a result, the
parties have come to a mutual understanding, which the representatives of the City and Unit 1,
who have the approval of his/her members, agree to recommend for acceptance and approval to the
City Council of the City.
The parties affix his/her signatures as constituting mutual acceptance and recommendation of this
MOU to become effective January 1, 2012 upon acceptance and approval of the City Council.
Resolution No. 2012-176 N.C.S. Page 33
AMERICAN FEDERATION OF STATE, COUNTY, AND MUNICIPAL EMPLOYEES
Felix Mario Huerta, Jr., Business Agent, AFSCME Date
Doug Silacci, Union President, AFSCME Date
Denise Hill, Union Vice-President, AFSCME Date
Mike Krist,Negotiation Team Member, AFSCME Date
Duane Peterson, Negotiation Team Member, AFSCME Date
CITY OF PETALUMA
Pamala Stephens, Human Resources Manager Date
Scott Brodhun, Assistant City Manager Date
Resolution No. 2012-176 N.C.S. Page 34
EXHIBIT A- Salary Table
AFSCME - Local 675, Confidential Unit 1
fl)':Vra lan trga
Administrative Assistant $26.42 $27.74 $29.13 $30.59 $32.11
Administrative Technician $27.76 $29.15 $30.61 $32.14 $33.74
Deputy City Clerk $27.76 $29.15 $30.61 $32.14 $33.74
Human Resources Assistant I $21.99 $23.08 $24.24 $25.45 $26.72
Human Resources Assistant 11 $25.28 $26.55 $27.88 $29.27 $30.73
Human Resources Specialist $29.02 $30.47 $32.00 $33.60 $35.28
Information Tech Specialist I $29.40 $30.87 $32.42 $34.04 $35.74
Information Tech Specialist II $35.27 $37.03 $38.88 $40.83 $42.87
Office Assistant!! $20.40 $21.42 $22.49 $23.61 $24.79
Secretary $22.74 $23.88 $25.07 $26.32 $27.64
Resolution No. 2012-176 N.C.S. Page 35