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MEMORANDUM OF UNDERSTANDING
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Clerical/Technical
January 1, 2012 — December 31, 2O15TABLE OF CONTENTS
Resolution No. 2012-176 N.C.S. Page 83
Section Provision Page
PREAMBLE 1
SECTION 1 -TERM OF AGREEMENT AND RE-OPENER 1
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-Union Representation 1
3.2 Union Rights - Bulletin Boards 2
3.3 Union Rights - Access to Work Location-Processing Grievances 2
3.4 Union Rights-Access to Facilities 2
3.5 Union Rights-Advanced Noticed 3
3.6 Union Rights-List of Employees 3
SECTION 4 - UNION SECURITY 3
4.1 Union Security- Agency Shop 3
4.2 Union Security-Union Membership of Payment of Agency Fees 4
4.3 Union Security-Hudson Procedure 4
4.4 Union Security-Revocation of Membership Provision 4
4.5 Union Security- Financial Reports 5
4.6 Union Security- Payroll Deductions 5
4.7 Union Security- Discipline 5
4.8 Union Security- Dues Deduction 6
4.9 Union Security- Indemnification and Hold Harmless 6
SECTION 5- EMPLOYER RIGHTS 7
SECTION 6- SALARIES 7
6.1 Salaries 7
6.2 Salary-Temporary Assignment to a Higher Class 7
SECTION 7 - SPECIAL COMPENSATION 7
7.1 Special Compensation-Smoking Cessation Plan 7
7.2 Special Compensation-Loss or Damage to Clothing 7
7.3 Special Compensation - Work Boots 8
7.4 Special Compensation - Bilingual Pay- Spanish 8
7.5 Uniform Required - Police Records Assistant I and II 8
7.6 Uniform Allowance -Newly Hired Police Records Assistant 1 and II 8
7.7 Uniform Allowance 8
7.8 Uniform Allowance -Job Share 8
SECTION 8 -ALTERNATE WORK WEEK AND OVERTIME 8
8.1 Alternate Work Schedule 8
8.2 Alternate Work Week- Overtime 8
8.3 Overtime- Compensation Rate 8
8.4 Overtime - Minimum 9
8.5 Overtime- Emergency 9
Resolution No. 2012-176 N.C.S. Page 84
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Section Provision Page
SECTION 9—COMPENSATORY TIME 9
SECTION 10 CALLBACK AND STANDBY 9
10.1 Emergency Situation 9
10.2 Callback—Minimum 9
SECTION 11 — HOLIDAYS 9
11.1 Holidays— Fixed Holidays 9
11.2 Holidays— Floating Holidays 10
SECTION 12 —VACATION 10
12.1 Vacation— Accrual 11
12.2 Vacation—Scheduling 11
12.3 Vacation—Deferral 11
12.4 Vacation —Usage 11
12.5 Vacation — Payment upon Termination 11
SECTION 13 —LEAVES— SICK LEAVE 11
13.1 Sick Leave —Eligibility 11
13.2 Sick Leave—Accrual 11
13.3 Sick Leave—Notification Procedures 12
13.4 Sick Leave—Transfer 12
13.5 Sick Leave—Retirement Payout 12
SECTION 14— LEAVES—INDUSTRIAL INJURY LEAVE 12
SECTION 15—LEAVES— BEREAVEMENT LEAVE 13
SECTION 16— LEAVES —VICTIMS OF DOMESTIC VIOLENCE
AND SEXUAL ASSAULT 13
SECTION 17— LEAVES — MILITARY LEAVE 13
SECTION 18— LEAVES — ELECTION OFFICER LEAVE AND VOTING LEAVE 13
SECTION 19— LEAVES —SCHOOL VISITATION LEAVE 13
SECTION 20— LEAVES — LEAVE OF ABSENCE WITHOUT PAY 14
SECTION 21 — LEAVES—JURY DUTY LEAVE 14
SECTION 22 —FAMILY CARE AND MEDICAL LEAVE (FM LA & CFRA) 14
22.1 FMLA and CFRA Leave 14
22.2 FMLA and/or CFRA—Second Opinion 14
SECTION 23 — LEAVES—PREGNANCY DISABILITY LEAVE 14
SECTION 24 —DISCRIMINATION, HARASSMENT AND RETALIATION
PROHIBITED 14
SECTION 25 —REASONABLE ACCOMMODATION 15
SECTION 26—CALIFORNIA PUBLIC EMPLOYEES' RETIREMENT SYSTEM 15
SECTION 27— HEALTH BENEFITS —ACTIVE EMPLOYEES 15
27.1 Active Employees—PEMHCA Contribution 15
27.2 Active Employees—Additional Benefit Amount Paid by the City 16
27.3 Active Employees—Additional Benefit—January 2012 16
27.4 Active Employees— Additional Benefit—January 2013 16
27.5 Active Employees—Additional Benefit—January 2014 16
27.6 Active Employees—Additional Benefit—January 2015 17
27.7 Active Employees—Future Contribution 17
27.8 Active Employees—Employee Contribution 17
Resolution No.2012-176 N.C.S. Page 85
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Section Provision Page
SECTION 28 — HEALTH BENEFITS— RETIRED EMPLOYEES 17
28.1 Retired Employees— CaIPERS and the PEMHCA 17
28.2 "Unequal Contribution" Method for Health Care Premium Payments for Retirees 17
28.3 CaIPERS Annuitant— PEMHCA Health Benefits 18
28.4 Less Than 20 Years of Service—Not Receiving PEMHCA Health Benefits 18
28.5 Less Than 20 Years of Service—Receiving PEMHCA Health Benefits 18
28.6 20 Years or More of Service—Not Receiving PEMHCA Health Benefits 18
28.7 20 Years or More of Service—Receiving PEMHCA Health Benefits 19
SECTION 29—CASH IN-LIEU OF HEALTH AND DENTAL BENEFITS 19
SECTION 30—SECTION 125 PLAN 20
SECTION 31—DENTAL INSURANCE 20
SECTION 32 — VISION INSURANCE 20
SECTION 33—LIFE INSURANCE 20
SECTION 34— DISABILITY INSURANCE 20
34.1 Short —Term Temporary Disability Benefit Program 20
34.2 Short—Term Disability Insurance—Voluntary 21
34.3 Long—Term Disability Insurance 21
SECTION 35— EMPLOYEE ASSISTANCE PROGRAM 21
SECTION 36— DEFERRED COMPENSATION 21
SECTION 37—TRANSFERS AND PROMOTIONS 21
SECTION 38—NEW OR CHANGED CLASSIFICATIONS 21
SECTION 39— PROBATIONARY PERIOD 21
SECTION 40 —SHARED POSITION 22
40.1 Shared Position 22
40.2 Shared Position — Sixty-Day Notice 22
40.3 Shared Position—First Choice of Full-Time Employment 22
40.4 Shared Position—Employee Termination of Position 22
40.5 Shared Position—Part-Time Employees 22
40.6 Shared Position — Work Week and Work Day 22
40.7 Shared Position— Seniority 23
40.8 Shared Position—Overtime 23
40.9 Shared Position— Pro-Rated Leave and Benefits 23
40.10 Shared Position— Merit Pay, Step Increases and Probationary Period 23
SECTION 41 — DISCIPLINE PROCEDURE 23
41.1 Discipline—Methods 23
41.2 Discipline— Verbal Counseling 23
41.3 Discipline—Letters of Counseling 23
41.4 Discipline—Corrective Written Action 24
41.5 Discipline.— Employee Notice 24
41.6 Discipline—Employee Response 24
41.7 Discipline— Employee Appeal 24
41.8 Discipline—Employer Review 24
41.9 Discipline—Advisory Arbitration 25
Resolution No 2012-176 N.C.S. Page 86
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Section Provision Page
SECTION 42 — GRIEVANCE PROCEDURE 25
42.1 Grievance— Purpose of the Procedure 25
42.2 Grievance—Conduct of Grievance Procedure 25
42.3 Grievance— Grievance Procedure 26
SECTION 43 — LAYOFF AND RECALL 28
43.1 Layoff Application 28
43.2 Layoff— Employer Right 28
43.3 Layoff— Employee Notification 28
43.4 Layoff—Vacancy and Reclassification 28
43.5 Layoff— Employee Rights 28
43.6 Layoff— Seniority 29
43.7 Layoff—Order Of 29
43.8 Recall — Re-Employment List 29
43.9 Recall —Duration of Re-Employment List 29
SECTION 44— EMPLOYEE PERSONNEL FILES 29
44.1 Employee Personnel File—Right to Inspect 29
44.2 Employee Personnel File —Acknowledgement Adverse Comments 30
SECTION 45—OTHER 30
45.1 Performance Evaluations 30
45.2 Safety Committee 30
SECTION 46 —MUTUAL ACCEPTANCE AND RECOMMENDATION 30
EXHIBIT A— SALARY TABLE 32
Resolution No. 2012-176 N.C.S. Page 87
PREAMBLE
This Memorandum of Understanding (MOU) is entered into pursuant to the provisions of the Meyers-
Milias-Brown Act, Section 3500 el seq 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 Memorandum of Understanding shall be presented to the City Council of the City of Petaluma as
the joint recommendation of the undersigned parties for the period January 1, 2012, and ending
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 years 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
effectively 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 I, 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 3,
Clerical/Technical, hereafter referred to as the "Union" is the recognized employee organization
for those Clerical/Technical 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— Union Representation
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
present at hearings where matters within the scope of representation or grievances are being
considered. The use of official time for this purpose shall be reasonable and shall not interfere
with the performance of City services as determined by the City. Such employee representatives
Resolution No. 2012-176 N.C.S. Page 88
shall request time off from his/her respective supervisor and coordinate work schedules. 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 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.
3.2 Union Rights—Bulletin Boards
The Union may use portions of 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 City bulletin boards.
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 City equipment be utilized for
such matters except as specifically authorized by this MOU.
3.3 Union Rights—Access to Work Location—Processing Grievances
Reasonable access to employee work locations shall be granted to officers of the Union and
his/her officially designated representatives for the purpose of processing grievances or
contacting employees 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 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.
3.4 Union Rights—Access to Facilities
City employees or the Union or his/her representatives may, with the prior approval of the
Human Resources Manager, be granted the use of City non-public access facilities during
non-working hours for meetings of City employees provided space is available. All such requests
shall state the purpose or purposes of such meetings. The use of 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 City facilities notwithstanding.
Resolution No. 2012-176 N.C.S. Page 89
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 employees of the Unit 3 Clerical/Technical bargaining unit no later than September.
SECTION 4 —UNION SECURITY
4.1 Union Security—Agency Shop
The following modified Union Shop procedures shall apply to all employees represented by the
Union:
(A) Limitation of Provision
This provision shall be in accordance with Government Code Section 3502.5.
(B) Duty of Representation
The Union agrees that it has the duty to provide fair and non-discriminatory
representation to all bargaining unit employees regardless of whether they are employees
of the Union.
(C) Applicability
The provisions of this section shall not apply during periods that an employee is separated
from the representation unit, including, but not limited to, transfers, layoff, and leaves of
absence without pay.
(D) Union Certification
The Union certifies that it has adopted, implemented, and will maintain procedures in
accordance with all applicable statutes, decisions by the courts of competent jurisdiction,
and other applicable legal authority.
(E) Change in Law
In the event there is a change in law whereby any provision contained in this section
becomes invalid, or in the event any provision in this section is determined to be
Resolution No. 2012-176 N.C.S. Page 90
unlawful, the parties shall meet and confer within thirty (30) days to negotiate a substitute
provision which conforms to the law or court decision.
4.2 Union Security— Union Membership or Payment of Agency Fee
Upon adoption of this resolution by the City Council, all bargaining unit employees, excluding
those current non-union employees, shall as a condition of continued employment either:
(A) Become and remain a member of the Union;
(B) Pay to the Union an agency fee in an amount which does not exceed an amount that may
be lawfully collected under applicable constitutional, statutory, and case law. This amount
shall be equal to or less than the monthly dues paid by members for the duration of'this
MOU, it being understood that it shall be the sole responsibility of the Union to determine
an Agency Fee which meets the above criteria; or
(C) Religious Objection For an employee who is a member of a bona fide religion, body or
sect which has historically held conscientious objections to joining or financially
supporting public employee organizations as a condition of employment, such employee
shall not be required to join, maintain membership in, or financially support the Union.
Such employee shall, in lieu of payment of dues or agency fee to the Union, pay a charity
fee in an amount no greater than such agency fee to one (1) of four (4) negotiated non-
religious, non-labor, charitable funds that are exempt from taxation under Section
501(c)(3) of the Internal Revenue Code, which has been selected by the employee from
the following:
Petaluma Peoples Service Center Meals on Wheels
Petaluma Peoples Service Center Senior Nutrition Site
Petaluma Boys and Girls Club
Hospice of Petaluma
4.3 Union Security—Hudson Procedure
The Union shall provide to the City a copy of its "Hudson procedure" for the determination and
protest of its fees. The Union shall provide a copy of this procedure to every bargaining unit
employee covered by this MOU within ten (10) days of the signing of this agreement. The City
shall provide to the Union a list of those employees who are Union employees with the monthly
payment of deductions by the City to the Union. Annually thereafter, and as a condition to any
change in the union's fees, the Union shall provide each member with a copy of the Union's
"Hudson procedures" and shall provide to the City confirmation of such mailing.
4.4 Union Security— Revocation of Membership Provision
Once each year, in December, or for a new employee, at the time he/she commences employment
with the City, each employee of the bargaining unit may elect to revoke union membership
without penalty to his/her employment with the City, on an appropriate form approved by the
City. The employees shall thereafter have no obligation to pay union dues and the City shall
cease making deductions from his/her paycheck. The party electing to "revoke membership"
shall be subject to the provisions of Section 4.2 (B)(C) above.
Resolution No. 2012-176 N.C.S. Page 91
4.5 Union Security— Financial Reports
The Union shall comply with the financial reporting requirements stated in California
Government Code Section 3502.5.
4.6 Union Security— Payroll Deductions
Payroll deductions for union dues shall be granted by the City to the Union in accordance with
the following terms and procedures. Deductions shall be made only upon the employee's written
authorization on a payroll deduction form approved by the City and shall cease in the event the
employee opts out of Union membership in accordance with Section 4.4.
(A) Authorization
Subject to the opt-out provision of Section 4.4, all new employees who are hired into job
classifications in this unit may at the time of hire execute an authorization for the payroll
deduction for union dues. 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 otherwise revoked in accordance with the terms of this
paragraph. 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 employees 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 which would have been
withheld with the City 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
Payroll deductions shall be for a specific amount and uniform as between employee
members of the Union. Check-off authorization for Union dues which were executed
prior to the execution of this Agreement shall remain in full force and effect.
(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
specified.
4.7 Union Security—Discipline
No employee shall be disciplined under this section unless the Union has first:
(A) Notified the employee by letter, explaining that he/she is delinquent in not tendering the
required union fee, specifying the amount of such delinquency, and warning the employee
that unless such union fee is tendered within thirty (30) calendar days, the employee will
Resolution No. 2012-176 N.C.S. Page 92
be reported by the Union to the City for disciplinary action as provided for in this section,
and
(B) Furnished the City with written proof that the procedure set forth in paragraph (A) above
has been followed, and has supplied the City with a copy of the letter sent to the
employee, notice that the employee has not complied with the request, along with the
following certification:
(C) The Union certifies that the employee has failed to tender the union fee required as a
condition of employment under the MOU, and therefore, under the terms of the MOU, the
Union requests that the City terminate the employee's employment with the City.
4.8 Union Security— Dues Deduction
The City shall grant payroll deductions for membership dues to the Union in accordance with the
terms of this paragraph.
The following procedures will be observed in the withholding of employee earnings:
(A) 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.
(B) 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 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 employees terminates.
(C) 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
specified.
(D) 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 a 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.
(E) 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.
Resolution No. 2012-176 N.C.S. Page 93
4.9 Union Security—Indemnification and Hold Harmless
The Union agrees to indemnify, defend and hold the City harmless against any and all claims,
demands, suits, orders,judgments, or any form of liability that may arise out of or by reason of
this section, or that arise out or by reason of, any actions taken or not taken by the City under this
section. This includes, but is not limited to, the City's reasonable attorneys' fees and costs. In
addition, the Union shall refund to the City any amounts paid to it in error on presentation of
supporting evidence.
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 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 Temporary Assignment to a Higher Class
Employees performing out-of-class work shall be compensated at an additional five (5%) percent
on an hour-per-hour basis when such work is being performed. Unit employees who are asked to
perform 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 employee 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 employee 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 of Dammed Clothin
Resolution No. 2012-176 N.C.S. Page 94
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.
7.5 Uniform Required-Police Records Assistant I and II
Police Records Assistant 1 and II shall comply with and wear the uniform specified in the Police
Department's written uniform policy as established and revised from time to time by the Police
Chief.
7.6 Uniform Allowance - Newly Hired Police Records Assistant I and II
The City shall provide newly hired employees in the classifications of Police Records Assistant I
and II with a lump sum payment upon hire in the amount of four hundred dollars ($400) to
purchase uniforms.
7.7 Uniform Allowance
The Police Records Assistant I and II shall be provided with a uniform allowance in the amount
often dollars ($10) a pay period.
7.8 Uniform Allowance-Job Share
Employees in the covered classifications who occupy a job share position shall receive the full
allowance.
SECTION 8- ALTERNATE WORK WEEK AND OVERTIME
8.1 Alternate Work Week
The City agrees to consider reasonable alternative work week programs proposed by the Union.
Such proposals (e.g. 4 day work week, flex scheduling, 9/80,job sharing) may be 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
Resolution No. 2012-176 N.C.S. Page 95
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) 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 eighty (80) 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. Compensatory time in excess of the eighty (80) hour limit shall be
paid at one and one-half(1 .5) times the regular rate of pay.
SECTION 10— CALLBACK AND STANDBY
10.1 Emergency Situation
If, 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. Except as so
specified, employees in this unit are not required to work on a standby basis.
10.2 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 11 - 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:
Resolution No. 2012-176 N.C.S. Page 96
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.
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 1, 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 3 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
Resolution No. 2012-176 N.C.S. Page 97
All regular employees of the City, after working one 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 annual vacation in a particular calendar year, such
vacation shall be taken during the following calendar year.
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 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 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.
Resolution No. 2012-176 N.C.S. Page 98
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 recipient shall be returned to the donor.
(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 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 be 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
Resolution No. 2012-176 N.C.S. Page 99
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), step-parents, 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.
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
et 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.
Resolution No. 2012-176 N.C.S. Page 100
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.
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 are prohibited from retaliating against an employee because
Resolution No. 2012-176 N.C.S. Page 101
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
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 CalPERS contract amendment.
The City provides Miscellaneous employees with the two percent (2%) at fifty-five (55) formula
retirement plan. The City's contract with CalPERS 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 ($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 CalPERS 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 (CalPERS) 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 CalPERS.
Resolution No. 2012-176 N.C.S. Page 102
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 fancily members.
27.3 Additional Benefit— Effective January 1, 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
27.4 Additional Benefit—EffectiveJanuary 1 2013
2013 Health Total Benefit
City Maximum Additional
Coverage
Plan Rate(9% PEMI-ICA Benefit Contributed Contributed by the
Increase of 2012 Contribution by the City City
Kaiser Rate
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 PEMI-ICA
Contribution is unknown. Effective January 1, 2014, the City shall pay the 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 PEMI-ICA
contribution, times ninety-five percent (95%) or an amount equal to the actual 2014 CaIPERS
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 Maximum
Coverage or actual 2014 PEMI-ICA Additional Benefit
Kaiser Rate, Contributed
Contribution
whichever is less by the City
Up to 9% Increase of 2013 Health Plan Rate
Specified in section 27.4, less the City's
Up to $725.26 or PEMHCA contribution, times 95%
Single actual whichever unknown or the actual 2014 CaIPERS Health
is less Premium for Kaiser—Bay Area/Sacramento,
less the City's PEMHCA contribution,
times 95%, whichever is less
Up to $1,450.53
2-Party or actual unknown Same as above
whichever
is less
Resolution No. 2012-176 N.C.S. Page 103
Up to $1,885.68
Family or actual unknown Same as above
whichever
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
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-five percent (95%); or an amount equal to the actual 2015
CaIPERS 1-lealth Premium for Kaiser — Bay Area/Sacramento, less the City's PEMHCA
contribution, times ninety-five percent (95%) for current employees and their covered family
member, whichever is less.
27.7 Future Contribution
The amount of the City's future contribution for current employees and their covered family
members 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 1-lealth Premium in the amounts less the City's
PEMHCA contribution and less the additional benefit dollar paid by the City.
SECTION 28 — HEALTH BENEFITS — RETIRED EMPLOYEES
28.1 Retired Employees—CaIPERS and the PEMI-ICA
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 Health Care Premium Payments for Retirees
The City uses the "unequal contribution" method for health care premium payments for annuitants
(retirees), as permitted tinder 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 PEMI-ICA 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 PEMHCA 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 2012)= $100.80
Resolution No. 2012-176 N.C.S. Page 104
For calendar year 2013, the formula for determining the City's PEMHCA 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.
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 PEMHCA 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 PEMI-ICA, 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 Health 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 Health 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 24.1 and enrolled in the CaIPERS health benefit program is
eligible to receive the City's PEMI-ICA contribution amount according to the following schedule:
Calendar Year City's PEMHCA contribution
2012 $100.80
2013 $109.25
2014 Minimum PEMHCA contribution as set by CaIPERS
2015 Minimum PEMHCA contribution as set by CaIPERS
The City's PEMI-ICA 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.
Resolution No. 2012-176 N.C.S. Page 105
28.7 20 Years or More of Service- Receiving PEMFICA 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.
The following chart indicates the amount of the City's PEMHCA contribution and the amount of
cash payment to the retiree in coming years.
Calendar City PEMI-ICA City Cash Retiree Benefit Total Benefit Amount
Year contribution
2012 $100.80 $39.20 $140.00
2013 $109.25 $30.75 $140.00
2014 Minimum PEMHCA Total benefit amount of $140.00
contribution as set by $140.00 minus the City
CaIPERS monthly PEMHCA
contribution
2015 Minimum PEMHCA Total benefit amount of $140.00
contribution as set by $140.00 minus the City
CaIPERS monthly 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 CaIPERS 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.
Resolution No. 2012-176 N.C.S. Page 106
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
This program allows employees to pay his/her share of health insurance premiums with
pre-tax dollars.
(B) Flex Spending Accounts (FSAs)
(1) 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 dollar ($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).
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.
Resolution No. 2012-176 N.C.S. Page 107
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.
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 employees of this unit the City's Deferred Compensation Plan.
SECTION 37-TRANSFERS AND PROMOTIONS
An employee who transfers or promotes to another City position shall, for a period of six (6) 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 CLASSIFICATIONS
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 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 representative. If the Union does not request a meeting within live (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.
Resolution No. 2012-176 N.C.S. Page 108
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.
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— SHARED POSITION
40.I Shared Position
The shared position exists at the sole discretion of the City and may be abolished by the City, or
by mutual agreement of all the parties involved, or by the termination of one of the employees.
A decision made by the City to abolish a shared position shall be subject to the same rules as
decisions by the City to abolish any other position.
40.2 Sixty Days' Notice
In the event that the shared position is terminated or reallocated to a full-time position the City
will provide a sixty (60) day notice to the employees occupying the shared position.
40.3 First Choice of Full-time Employment
If the shared position is reallocated to a regular full-time position, the employee with the most
seniority in the shared position shall be given first choice at the reallocated regular full-time
position. The other shared position employee shall be offered any vacant available regular full-
time position and/or considered for any available position for which he/she is qualified. If no
position is available, the employee(s) may displace an employee in the same department who has
less seniority in accordance with the City of Petaluma Personnel Rules and Regulations, Rule VII
"B", Layoff Policy and Procedure.
40.4 Employee Termination of Position
In the event one of the employees terminates his/her shared position for any reason, the shared
position assignment will terminate and the position will reallocate to a regular full-time position
and shall be offered to the remaining shared position employee. The remaining shared position
employee also has the option of locating another qualified employee to share the position, subject
to the City's approval of the substitution of another employee to share the position.
40.5 Shared Position— Part-time Employee
An employee who occupies the shared position shall be designated as a shared position — part
time employee. The part-time employee is regularly scheduled to work for at least forty (40)
hours but less than eighty (80) hours of work per pay period.
Resolution No. 2012-176 N.C.S. Page 109
40.6 Work Week and Work Day
The work week shall consist of twenty (20) hours in one (1.) week, based upon a fifty-two (52)
week year.
40.7 Seniority
Seniority for the shared position employee shall be determined on the same basis as a regular
full-time employee.
40.8 Overtime
Overtime shall be paid in the same.manner as a regular full-time employee.
40.9 Pro-rated Leave and Benefits
All leave and all benefits shall be on a pro-rated basis of 50%.
40.10 Merit Pay, Step Increases and Probationary Period
Standards for merit pay, step increases a probationary period for the shared position employee
shall be on the same basis as a regular full-time employee.
SECTION 41 — DISCIPLINE PROCEDURE
41.1 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.
41.2 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.
41.3 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 tile. Employees may request in writing to the Department
Director with a copy to the Human Resources Department 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.
Resolution No.2012-176 N.C.S. Page 110
41.4 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
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.
41.5 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.
41.6 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.
41.7 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.
41.8 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.2012-176 N.C.S. Page I I 1
41.9 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 42 —GRIEVANCE PROCEDURE
42.1 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).
42.2 Conduct of Grievance Procedure
Resolution No.2012-176 N.C.S. Page 112
(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.
42.3 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 tetm 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.
Resolution No.2012-176 N.C.S. Page 113
(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.
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.
Resolution No.2012-176 N.C.S. Page 114
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
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 43 —LAYOFF AND RECALL
43.1 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.
43.2 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.
43.3 Layoff—Employee Notification
Employees to be laid off shall be given, whenever possible, at least fourteen (14) calendar days'
prior notice.
43.4 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 43.7 is qualified. All persons so
demoted shall have his/her names placed on the re-employment list.
43.5 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 43.6, seniority includes all periods of full-time service at or
above the classification level where the layoff is to occur.
Resolution No. 2012-176 N.C.S. Page 115
43.6 Layoff— Seniority
In order to retreat to a former or lower classification, an employee must have more seniority than
at least one (1) 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.
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.
43.7 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.
43.8 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.
43.9 Recall —Duration of Re-Employment List
Names of persons laid oil shall be carried on a re-employment list for two (2) years.
SECTION 44— EMPLOYEE PERSONNEL FILE
44.1 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 file. The employee's personnel
file 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.
Resolution No. 2012-176 N.C.S. Page 116
44.2 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.
SECTION 45 — OTHER
45.1 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 (I) 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 agreement.
45.2 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 (1) employee of this Unit and an employee 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 46— 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 3, Clerical/Technical.
Representatives of the City and Unit 3 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 3,
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
Memorandum of Understanding to become effective January 1, 2012, upon acceptance and
approval of the City Council.
Resolution No. 2012-176 N.C.S. Page 117
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 118
EXHIBIT A- Salary Table AFSCME- Local 675, Clerical/Technical Unit 3
'A Tat
Accounting Assistant I $19.64 $20.63 $21.66 $22.74 $23.88
Accounting Assistant 11 $22.59 $23.72 $24.91 $26.15 $27.46
Accounting Technician $24.86 $26.09 $27.40 $28.78 $30.21
Administrative Assistant $26.42 $27.74 $29.13 $30.59 $32.11
Administrative Technician $27.76 $29.15 $30.61 $32.14 $33.74
Animal Shelter Assistant $20.40 $21.42 $22.49 $23.61 $24.79
Assistant in Civil Engineering $32.38 $33.99 $35.69 $37.48 $39.35
Assistant in Traffic Engineering $31.54 $33.12 $34.78 $36.51 $38.34
Building Inspector I $26.80 $28.14 $29.55 $31.03 $32.58
Building Inspector II $33.55 $35.22 $36.99 $38.83 $40.78
Code Enforcement Officer $27.70 $29.09 $30.54 $32.07 $33.67
Engineering Technician I $23.54 $24.72 $25.95 $27.25 $28.61
Engineering Technician 11 $28.23 $29.64 $31.13 $32.68 $34.32
Engineering Technician Senior $32.38 $33.99 $35.69 $37.48 $39.35
Environmental Compliance Inspector $31.53 $33.12 $34.77 $36.51 $38.33
Geo Info Systems Technician I $20.99 $22.04 $23.15 $24.30 $25.52
Geo Info Systems Technician II $27.72 $29.10 $30.56 $32.08 $33.69
Laboratory Analyst $27.42 $28.79 $30.23 $31.74 $33.33
Mail Services Assistant $18.79 $19.73 $20.71 $21.75 $22.84
Mechanical Technician $30.44 $31.96 $33.56 $35.24 $37.00
Office Assistant 1 $17.74 $18.63 $19.56 $20.54 $21.56
Office Assistant II $20.40 $21.42 $22.49 $23.61 $24.79
Permit Processing Technician $24.14 $25.34 $26.61 $27.94 $29.34
Plans Examiner/Dep Chief Bldg Official $38.94 $40.89 $42.93 $45.08 $47.33
Police Records Assistant 1 $18.66 $19.60 $20.58 $21.61 $22.69
Police Records Assistant II $21.47 $22.54 $23.67 $24.85 $26.09
Public Works Inspector I $33.11 $34.76 $36.50 $38.33 $40.24
Public Works Inspector II $35.62 $37.40 $39.27 $41.23 $43.29
Secretary $22.74 $23.88 $25.07 $26.32 $27.64
Senior Building Inspector $36.02 $37.82 $39.72 $41.70 $43.79
Senior Mechanical Technician $35.78 $37.57 $39.45 $41.43 $43.50
Shelter Assistant $20.40 $21.42 $22.49 $23.61 $24.79
Water Resources Technician $33.63 $35.31 $37.07 $38.93 $40.87
Resolution No, 2012-176 N.C.S. Page 119