HomeMy WebLinkAboutResolutions 89-201 N.C.S. 07/10/1989./Y~
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FZeSOrt~ti®In NO. 89-201 N.C.S.
of the City of Petaluma, California
RESOLUTION RATIFYING MEMORANDUM OF UNDERSTANDING
EXECUTED BY THE DULY AUTHORIZED REPRESENTATIVES
OF THE CITY OF PETALUMA AND THE CITY OF PETALUMA
EMPLOYEES' ASSOCIATION FOR EMPLOYEES IN UNIT 2
(MAINTENANCE)
WHEREAS, the City, through its duly authorized
representatives, and the City of Petaluma Employees' Association, through
its duly authorized representatives, have concluded their mutual obligatir~n
tp meet and confer in good faith with respect to terms and conditions of
Meyers-Milias-Brown Act and the City's Emp]flyer-Employee Relations Rules
and Regulations (Resolution No. 5512 N . C . S .) ; and
WHEREAS, the duly authorized representatives of the City
and the City of Petaluma Employees' Association have executed a
Memorandum of Understanding pursuant to Section 15, Resolution No. 5512
N . C . S . and recommend its approval by the City Council; and,
WHEREAS the City Manager, pursuant to Section 28, City of
Petaluma City Charter, and as the City's Municipal Employees' Relations
Officer (Resolution No. 5374 N . C . S .) i.s required and empowered to make a
recommendation to the City Council on matters related to employees'
compensation, and
WHEREAS , the City Manager has reviewed and concurs with
said Memorandum of Understanding for Uriit 2 and does recommend that the
City Counral ratify said Memorandum of Understanding.
NOW, THEREFORE, BE IT RESOLVED that said Memorandum
of Understanding, being in the best interest of the City, is ratified and the
terms and conditions of said Memorandum of Understanding (as attached)
shall be effective July 1, 1989, through June 30, 1991. During this period
the City of Petaluma will be making contributions try the retirement plan on
behalf of the employees, however, the employees may not opt to receive this
contributis~n in cash .
Under the power and authority conferred upon this Council by the Charter of said City.
REFERENCE: I hereby certify the foregoing Resolution was introduced and adopted by the' ,rApgr4ved as to
Council of the City of Petaluma at a (Regular) (Adjourned) (~i~7Si~ meeti~g / '~ /
on the ....1(21=.h............ day of .....,J1il.y ............................................. 19.$.9.., by the ~ /
following vote:
~' ~ ity Att'or ey
AYES• Tencer, Woolsey, Cavanagh, Balshaw, Vice Mayor Sobel., Mayor Hilligoss
NOES: ~
ABSENT: Mi chae l ~ Da~vi~ s,
ATTEST: ~G~.~.~~;,t~:/..
City Clerk
~~/ ~y~y~ ' ...........................
lal~ U 1 D Cf ! I °~t98~ 2.Q.1....... N.c.S
CA 10-85 Rey.
~.~~~G' t i,.
Mayor `
TABLE OF CONTENT''S
PREAMBLE
GENERAL
Section 1 Recognition
Section 2 Definitions
Seci~on 3 Severability
Section 4 Non-Discrimination
ASSOCIATION MATTERS
Section 5
Section 6
Section '7
Section 8
Section 9
Section •10
..
`C OMPEN&ATION
Association Security
Dues, C;heekoff
Stewards and .Representatives:
Bulletin. Boards .~
Excused Absence
A"ssociat~n/City 'Meetings
Section 11 Wages
Section 12 Overtime
Section 13 Call back' Pay
Section 14 Stand-by -Pay
Sect-ron 15 Rates of `Pay on Permanent T,ran'sfer to New
Classification
Section 16 Temporary Work Out of Classification
Section 17 Payment for Missed Meals
Section 18 Termination Pay
Section 19 Retirement Contributipn
INSURANCE
Section 20 Health Insurance
Section 21 Life Insurance
Section _
22 Dental Insurance
Section 23 Long-T:erm `Disability Insurance
Section 24 Vision 'Insurance
LEAVES
Secton 25 Vacation.
Section 26' Sick Leave
Section 27 Bereaveme_ nt Leave
Section 28 Holidays
Section 29 Industrial Injury Leave
Section 30 Lewes 'of Absence Without Pay
Sectuin 31 Annual Military Duty
Sectfln 32 Ju .y Duty
Section 33 Meal an'd Rest
Periods
Section ~34 _
CompensatAry Time Off
Section 35~ Bonus Holiday
PROCEDURES
Section 37 .New or Changed Classifications
Section 38 Seniority
Section 39 Promotions
Sect?on 40 Temporary ,Appointments:
Section 41 Transfers Between Sections
Secto'ri 4'2 Probatis~nary 'Employees
Section 43 Layoff: and Recall Procedures'
OTHER
Section 4'4 Retirement Plan
_ ..
Section 45 Discipline
Section 46 Grievance P..rocedure
Sectis~n 47 'Employee. Job Training
Seci~n 48 Smoking Cessation
Section 49 Work° .Boots
P'R E A`M`BLE
This A~GREEMEN`T entered -into by the CITY QF PETALUMA, hereinafter
referred to as the City,; and. THE CITY OE PETALUMA EMPLOYEES
AS'SOCIATIO,N, 'hereinafter 'referred to as the Association.
The parties 'hereto desire t-A confirm .and maintain the spirit of cooperation
which has existed between the City and its employees. The Association and
the Ci€y will- strive do promote, a harmonis~us relationship between all parties
to this agreement that will result in benefits 'tp the City's operations and its
employees,,. and provide continuous and uninterrupted services.
Bath part~:es agree to the establishment of an .equitable and peaceful
procedure for the. resolution. of` differences; and the establishment of rates
of pay,. 'hours of work and. other terms and conditions of employment.
T:he use of the masculine or feminine gender in this. Agreement shall be
construed. as including both genders and not as sex Tmitatir~ns.
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SECTION 1
'REC O GNITIO N
For the purpose of meeting and conferring with respect to wages, hours,
and condat~n_s of employment, the City to 'the extent permitted by law,
recognizes. the Association as the. representative for, a1T employees who are
employed in ..and assigned to the job classifications, which in the aggregates
eonstitut-~e the City's work Unit Number Two (2) (Maintenance) .
SECTION 2
DEFINITIONS
1. The forms: "employee" and "employees" as used in this agreement,
(except: where the agreement. clearly indicates .otherwise) shall mean
only an employee . or employees within the unit described in
DES'.C.RIPTION O.F UNIT:
2. TYie term, "temporary" shall. mean any individual or individuals whose
employment is ]united in duration.,
3. T;he term "fulltime employee" shalll mean an employee whose normal
schedule of work is forty (40'): hours per calendar week.
4. The term "part-time employee" shall mean an employee whose normal
schedule of work is less than twenty (20) hours per calendar week.
5. "Calendar day" means the twenty-four (24) consecutive hour period
beginning at midnight, and ending .at midnight the fol]owing day.
6. "Calendar. work week" means •a consecutive 7-day.. Beginning at 0001
day 1 and continuing until. 24'0.0 168 hours later.
7. "Normal work week" means, any five (5) consecutive calendar days
within a calendar work week.
8: "Senis~rity" .means uninterrupted employment with the City beginning
with the last date hired by -the City and, shall include periflds of City
employment outside the Unit, but shall exclude periods of layoff and
leaves of absence::, except medical, in excess of 30 consecutive days,
including the first 30 days of such absence.
9. An 'employee is a ".probationary employee" for .his first six. (6,) "months
of employment. Periods of .absence exceeding °fve (5) working days
shall not be counted towards. completifln of the pr-obati~nary period .
SECTION 3
SEVE°RABILITY CLAUSE
1. In the e"vent. that. any poztiorr of; this agreement is declared invalid by
a court:.of competent jurisdi~n, it shall not effect the validity of any
other- portion ~ of this agr-cement :not invalidated. ~ .Any portion held
invalid shall be re-negotiated. so as try effectuate the 'p.urposes and
intent of the invalid portion if legally possible..
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NE GOTIATIO'NS
'2. Negotiation Period: The Association will submit in writing to the City
not .Tess than ~ ninety (9.0,) days prior to the expiratis~n date of this
Agreement any proposed modifications to this Agreement for the -
subsequerit Fiscal. Year. The parties will .commence. Meeting and
Conferring- .not less than seventy-five (7.5,) days prier to the expiration
date of thin .Agreement and will endeavor to reach an agreement, in a
written Memorandum of Understanding for submission to the City
Council .for its determination., prior to the adoption by the City of its
Final Budget for the subsequent Fiscal Year.
TERM OF' AGREEMENT
3. T.'his agreement.. is subject to the approval of the City Council of the
City 'of .Petaluma. . -
4.. T,he terms, benefit and conditions of employment granted this unit are
governed solely by this memorandum of agreement.
5. T:he terms of this Agreement shall commence: on July 1, 1989, and
continue until the. expiration date of June 30, 1991, and from year to
year ttereafGer unless written notice is given by one. party t~ the
other :setting forth a desire to negotiate modifications to this
Agreement as set forth in .Section 3, Paragraph 2,.
6. If such notice is given by either party,: the party receiving such
notice may also during ensuing negotiations present changes in the
agreement desired by said party .
7. Negotiat~ns upon the modifications or amendments shall be conducted
promptly at a time and place mutually agreeable to both parts and
shall. continue through said period in an effort. to reach agreement.
NO INTERFERENCE AND NO LOCKOUT GUARANTEE
8. The .Association and its' offii-ialG will not, directly or indirectly, take
part in any action against or any int-~erference with the operations of
the. City during the. -term of thin Agreement.
9. The City shall not conduct a lockout of its employees during the term
of this Agreement.
SECTION 4
N 0 N-DIS C RIMIN:A TIO N
1. The City will not interfere with. or discriminate in any way against any
employee by .:reason of his membership in, or activity required by this
Agreement, nor will the City discourage membership :in the Association
or encourage membership in any other 'Association.
2. The Association, in turn, recognizes its responsibility as employee
representative and.- agrees to represent all employees without
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discri.m;nati~n,, interference, restraints:., or. coercion,. The terms of
this Agreement: shall. be applied equally t~ all emphyees, without
discrim;nation. as to age,, sex.; marital status, :religion; race,. cohr,
creed national origin, qr political affiliation. The Association shall
share e"qually with the City the responsibility for applying this provision
of the Agreement.
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,SE'C'TION 5
ASSOCIAT.IO:N SECU-RIT;Y
1. It is -the intent of this :Article io provide for the regular dues of
Association mom-begs to be deducted from. their warrants insofar as
permitted by law. The City .agrees todeduct and transmit to the
Association, dues from all Association members within the foregoing
unit who ;have signed an authorization card for such deductions in a
form :agreed upon by the City and the Association. However., the City
assumes no responsibility either t-r~ the employee or to the Association,
for any failure to make or for any errors m ade in making such
deductions .
2. The: written authorization for Association dues deduction shall remain
in full ,force and. effect,, during the life of the current agreement
between the City and the Association unless cancelled in writing.
3. Upon written request of the Association the City shall. change the
amount of dues. deducted from Association members' warrants.
4. The Associatacn agrees t-A indemnify,, defend, and hold the City
harm]ess against any' claims made of any nature whatsoever, and
against any suit instituted against the City ariG9ng, from its check-off
of Association dues.
SECTION 6
DUES CHECKOFF
1. During the life of this Agreement, and to the. extent the laws of the
State of California :permit, and as provided in this Artirls, the City
will deduct one month`s .current and periodic Association dues based
upon a uniform dues schedule from the pay ~of each employee who
voluntarily executes and delivers try the City the following
authorization forme::
VOLUNTARY AUTHORIZATION FOR, DEDUCTION
OFASSOCIATION DUES FOR THE
CITY OF P:ETALUMA EMPLOYEES ASSOCIATION
Name Social Security No.
.(type or print)
Division and .Department:
2. I authorize tie. City try deduct -from wages earned by ;me ,monthly Association
dues as certified try the City by the Secretary-Treasurer of the
Associ.atis~n,, and toy remit the same fA the Association at -such time and in
such manner as may be agreed upon between the City and the Association.
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3. This authorization and direction shall remain in effect from
to and
shalt. be ,for that period of time; provided;, `however, that it shalt not
extend beyond the term of this agreement.. This authorizat~n .and
direction shall be automatically revoked upon my termination of
employment with the City.
'Signature of Employee
Address of Employee
,Date of Signing
:Date of .Delivery to the City
4,, T,he following certification ..form shalt be used by the Association when
certifying membership dues;:
CERTIFICATION OF SECRET'AR.Y-TR'E~ASURER
OE THE ASSOCIATION
5. I .certify that the membership dues for employees in the unit is
$ per
Signature
Date (Secretary=Treasurer of the Association)
Date of .Delivery tip the City
6. Payroll. deductions shall. be made in equal amounts from each regular
pay check.. provided, however, the initial deduction for emplflyees shall
not' begin unless
1. A properly executed "Voluntary Authorization for Deduction of
Assoeiatafln Dues" is on file with the City, and,
2. The amount of the monthly membership dues certsfied by the Secretary-
Treasurer of the Assocaat~n has been delivered to the City at a
pace designated by the City at least ten (10) calendar days prier to
the list day of the pay period .
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7. Changes in the amount of the monthly ,membership dues must be delivered. to
the City .at a place• desig_nat~ed by the City at bast thr-ty (30) calendar
days prior try the last pay day of the calendar: month ,prior to the change
becoming. effective.
8. An employee may revoke his' "Voluntary Authorization for Deduci~on of
Aassociatann Dues", only as provided by thee. terms .of his Voluntary Author-
zation ,
9. All 'sums deducted ~by the City shall be remitted' try the Secretary-Treasurer
of the: Association at an address given try the City by the AtssocatiQn, by
the tenth (10th) calendar day following the pay :period when the deducb.ons
were made., t-r~gether with a ]ist of names and the amount deducted ..for each
employee. for- whom a :d'ed'uction was made. The City will. also notify the
Association of the name ~of -each employee who revokes his "Voluntary
Authorization for 'Deduction of Association 'Dues".
SECTION 7
STEW"ARDS_ AND REPRESE~N'TATIVES
1. T,he City recognizes an'd: agrees to deal with the .accredited Association
Stewards and Representatives of the Association 'in ah matters relating to
grievances and the interpretation of this .Agreement.
2. A written list :of the. Officers of the Association and the Association
Stewards with the specific areas they represent, Ball. be furnished. to the
City. Notice :of an„y changes of such Association .Offices or Stewards shall
be promptly forwarded to the City .in writing .
3. The number of Association Stewards shall not exceed three.- Any change in
'the number of Stewards shall be made by written consent of both partdes.
4, Upon: the request of thee.. aggrieved employee, a .Steward or Association
Officer- :may iri~estgate the specified grievance;,. provided it is in his
assigned.. work area:, and assist iri its presentatiiin~. A reasonable amount
of paid; time ;shall be afforded 'the Steward or Association Officer while
investigating such. grievance. In presenting such grievance to the City
the Steward or Association Officer shall be allowed reasonable time off
during regular working hours: without loss of pay,- subject tQ prior
notification of his immediate Supervisor and with the concurrence of the
City .Manager. ~ .
5. Upon request to the City Manager, a representative, of, the' Petaluma
Employees Association who will be representing the employee: in the
grievance procedure, may visit Work_ areas at a time mutually agreeable t-~
both parties for the .purpose of preparing the ease. .Such visitation
rights shall be_ limited to a reasonable amount of time and shall .not.
interfere with normal work operations .
6. During ouch visit the representatives may inspect any area .relevant tre the
grievance with the Association Steward or his designated representative.
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SECTION 8
BULhETIN BOARDS
1. The City shall provide the ,:Association with space on bulletin boards in
areas where. the Assoeiatiori has employees it represents for the purpose of
posting A'ssociatfln notices.... Such notices :may be posted by the Steward,
although not limited to the following notices, they may include:
1. Recreational :and social event of the Association.
2. AsSociatDri meetings.
3. .Association. elections., appointments.
4. Results of ,Association elections.
2. In the event a dispute. arises concerning the appropriateness and/or amount
of material posted,, the Steward of the Association will be advised by the
City Manager of the nature ~of ,the dispute and' the disputed material will
be removed from the bulletin boards until the dispute is resolved.
SECTION 9
EXCUSED ABSENC`E'
1. An employee who is elected. or selected by the Association, upon the
written request of the Secretary-Treasurer of the Association, may be
granted an excused a~b'sence without pay for a period not to exceed five (5)
days per year try attend conferences or conventions... Not more than one
employee will be granted an excused absence at .any one time.
.SECTION 10.
ASSOCIATION/CTTY MEETINGS
1. At the request of .either the Association or the City, conferences shall be
held- -.for the purpose of considering matters of mutual :interest, other than
mutually acceptab7~ arrangements as to time and pl~.ce can be made. All
such conferences shall be arranged through the Steward of the. Association,
or his designated representative, and a -designated representative of the
City Manager.. Representatives of the Association, not to exceed two (2) ,
shall not suffer loss of time. or pay when absent from their normal
schedule of work ,for the purpose of attending a conference.. Conferences
may b_e .attended by representatives of .Petaluma Employees Association.
Benefit .plan review and proper classification assignment will be
appropriate subjects for conferences.
2. It is understood that any matters discussed, or -any action taken pursuant
- to such conferences., shall in no way' change or alter any' of the provisions
of the ,Agreement, or the rights of .either the City or the Association
under- the terms of the Agreement.
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SE`C'TTON 11
WAGES
1.
2.
A.
Wages shall be paid in accordance with the wage schedule set forth
below .
The .pay grade assigned try each existing .classification and the pay grade
assigned fo each new or changed classification shall remain in effect
during the term of this agreement unless the job content of a
classification is substantially changed,
EFFECTIVE JULY .1, 198.9
CLASSIFICATIONS
I II III IV V
Custodian 8.83 9.28 9.74 10.23 1.0.74
Electrical/Mechanical Maintenance. Worker 12..70 13.34 14.00 14,70 15.44
Equipment Mechanic 12.8.9 13.54 14.21 14.92 T5.67
Equipment Mechanic ;Helper 10.14 10..64 11.17 11,73 12.32
Facilties'Nlaintenance'Worker 12.13 12,73 13.37 14.04 14.74
Head Custodian 10.84 11..39 11.96 12.55 13.1$
Maintenance Worker 10..25 10.77 11..30 11.87 12.46
Park Foreman 12.51 13.14 13.80 14.49 15.21
Park Maintenance .Leader 11.65 12.23 12.84 13.48 14.16
Park Maintenance Worker 10.25 10.77 11.30 11.87 12.46
Public Works Leader 11.65 12.23 12.84 13.48 14.16
Senior Maintenance Worker 10.74 11..28 11..84 12.43 13.05
Sewer Maintenance Leader 11.65 12.23 12.84 13.48 14.16
.Street Sweeper Operator 11.37 11.94 12,.53 13.16 13.82
Swimming Pool Maintenance Worker 10.25 10.77 11.30 11.87 12.46
Water Foreman 12..51 13.14 13.80 14.49 15.21
Water Leader 11,65 12...23 12.84 13.48 14.16
Water Meter Reader-Service Worker 10.62-, 11.15 11.70 12.29 12.90
Water Meter Repairer 10.74 11,.28 11.84 12.43' 13.05
Water Operations.Techniean 11.52 12..10 12,71 13.34 14.01
Water Plant Operator. 11..63 .12.:22 12.83 13.47 14.14
Water System Service Worker-Plant Operator 10.74 11..28 11.84 12.43 13.05
Water Utilities Technician 11,52 12.10 12.71 13.34 14.01
B. Wages for Fiscal Year 1990/91 shall be adjusted by the Consumer. Price Index (All
Urban-San Francisco) based on the February/February Index. If the CPI Index
is between 4.;0~ and 7.0~ the wages shall be adjusted at the indicated rate.
If the ;rate is over 7% the wages'shall be adjusted 1/4~ for each full 1/2g
(i,e, 7.25 CPI = 7~ wage) 7,.5g CPI = 7.25 wage). If, the CPI falls below 4~
wages ~shal be reduced by 1/4~ for each full 1/2~ .drop ~('i,e, 3.75' CPI = 4~
wages., 3.5~ ~I = 3.75$ wages).
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C.. Wages for Fiscal Year 1990/91 shall also be adjusted to reflect the
following percentages
G L A. S S I F I C A T I O N PERCENT
Custodian 4.5
Electrical/Mechanical Maintenance Worker 1.9
Equipment Mechanic 4.1
Equipment Mechanic Helper 5.0
Facilities Maintenance Worker 3.1
Head Custodian 0.0
Maintenance Worker 5.9
Park Foreman 5.6
Park Maintenance Leader 5.5
Park Maintenance Worker 5.9
Public Works Leader 5.5
Senior Maintenance Worker 6.0
Sewer ,Maintenance Leader 5.5
Street Sweeper'°Operator' 2.6
Swimming Pool Maintenance Worker 5.9
Water Foreman 5.6
Water Leader 5.5
Water Meter Reader-Service Worker 6.8
Water Meter Repairer 6.0
Water Operations Technician 4.7
Water Plant Operator 4.1
Water System Service Worker-Plant Operator 6.0
Water Utilities Technician 4.7
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S_ ECT-ION 12
0V'ERTIME
OVERTTME `PREMIUM
1. All hours worked in excess of eight. ,(8) in. any one day or in excess of
forty (4'Q) in any work, week shall be paid .for at the overtime rate which
shall `be ,one and. one-Yialf' (,1-1/2) times the regular straight time hourly
rat- .of pay . Overtime shall not be pyramided 'or compounded .
REST PERIODS DURING' OVERTIME WORK
2. Whenever practical, employees who for any reason work beyond their regular
quitting time 'intA the next shift will be afforded a fifteen (l5) minute
rest period ..before .starting work on the next shift. In addition, they
shall be granted the regular rest. period unless an emergency situation
occurs or exists.
REQU'IR=ED OVERTIME
3. If an employee is required try work more than. five consecutive hours
without a meal permed during a regular work shift, the employee shall be
paid., at the rate of time and one-half (1-1/2) for all time worked in
excess of° five (5`) hours until such dine as the employee receives a meal
period„
SCHEDULING OVERTIME
4. In general, overtime work sha11 be voluntary, provided, however, when at
least twenty-four (24,) hour"s advance notice of, an overtime assignment is
given or when it is, not practical to give advance notice, an employee
will be expected to work .
DISTRIBUTION
5. Overtime shall be distributed as equitably as possible, without
favoritism,, and in the best. interests of the. City, among the members of
the department who are qualified to perform and w;ho have demonstrated the
ability tip perform. overtime services efficiently .
HOLIDAY; OVERTIME
6. An employee required to work a paid holiday shall receive, in addition try
the. eight hours holiday pay, further compensation at the overtime rate for
the actual holiday worked;.
SECTION 13
CALL BACK PAY
1. An employee who is called back to: work aftsr having .completed his
regular, shift and left the City premises shall. receive a minimum of two
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(2) hours work or two ('2) hours pay, at the overtime rats. To the
extent. an, employee. is paid ,overtime premium. pursuant to the overtone
schedule lisi-~d above, he shall. not be pain overtime premium under the
call 'back.. section for the same time worked. This paragraph shall not
apply to employees who are called in early for 'a shift, .e„ when they
work ~continously from the time they are ca17~d in until their regu]ar
shift.. begins .
SECTION 14
STAND-:BY PAY
STANDBY DEFINED
1. Weekend stand-by, for the purposes of this Agreement, shall mean
time which a scheduled employee must be available on an on call basis
outside the employee's .normal work week in order to be available to
respond. try emergency calls .
WEEKEND STANDBY
2. Effective July, 1, 1988 a minimum compensation- of $90.00 pay for each
weekend of stand-by from 4.:30 p . m . the last day of the normal work
week, tp 8:00 a.m. the begin-Wing of the normal work week.
HOLIDAY -STAND-BY
3. .For a City designated, fixed-dates holiday that falls in the five (5) day
work week., a minimum of $45..00 pay will be paid by the City to an
employee on such .holiday stand-by, beginning at 4:30 p.m. or the end
of regular work period and. continuing try 8.00 a. m . of the next regular
work day or weekend.
CALL BACK WITHIN A WEEKEND/HOLIDAY (STANDBY')'
4.
A minimum: 'of one hour at time and one-half .shall be paid by the City
for every call or assignment required.
SECTION 15
;RA,TES OAF PAY ON PER'MANE~NT TRANSFER TO A NEW CLASSIFICATION
1.
When ,an em_,ployee is ,promoted, he shall. be paid the .hourly rate next higher
to his', own .within the pay grade for the classification to which he was
promoted..
2.
When an, employee is transferred from one classification.. to another
classification in the same pay grade, his hourly rates shall remain the
same
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3. A_ permanent. or probationary employee who is transferred try a class with a
lower salary without a break ;in service will receive the same rate of pay
he received ,prior to the transfer. Such. salary shall not be increased
until the time. that a higher salary of the. class to which he was
transferred equals or exceeds his salary . .Such transfer may be
departmental. or inter-departmental, and may be made by appointment
'from an employment list, temporary appointment, reclassification of
position, or reorganization of department, and shall be in accord with
the personnel rules and regulations. The provision of this rule does
not apply in cases of disciplinary demotion, demotion in lieu of layoff,
or voluntary demotir~n. Effective July 1,, 1987 when a person is
involuntarily assigned to a lower classification he shall receive the
lower -rate of pay,, effective the first day assigned to that
classification..
SECTION 16
TEMPORARY WORK OUT OF CLASSIFICATION
1. An employee holding a classified position may temporarily be assigned the
duties of another position for a period :not to exceed ninety (90) calendar
days during any fiscal year. The employee shall .receive either the next
higher step in the classification to' which he is assigned or a 5$
increase, whichever is greater.
SECTION 17
PAYMENT FOR MIS''SED MEALS
1. The City shall, pay .$6..00 to an emp]s~yee who is requested and who
does work two (2) hours beyond, the employee's normal quitting time
and has been prevented from eating a meal after such quitting time.
.SECTION 18
TERMINATION PAY
VACATION PAYMENTS UPON TERMINATION
1. Upon. germination, voluntary resignation, or retirement after one full
year of continuou's service: with the City or more, the emp]s~yee shall
receive a lump sum payment for all accumulated but unused vacation
time. 'Two weeks advance._ riotibe in writing should be given to the
City of the termination. date.
HOLIDAY AND COMPENSATORY TIME. PAYMENT UPON SEPARATION
FROM CITY SERVICE
2. Employees separated from City servibe shall receive a lump sum payment for
all accumulated but unused compensatory time granted in lieu of holidays
and .all other accumulated compensator-y time.
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COMPUTATION OF SEVERANCE ALLOWANCES
3. Compensation for vacation and holidays as described ~n this Art~.cle- shall
be computed at the emp]s~yee's Yiourly rate on the effective date of
termination .
SECTION 19
RETIREMENT CONTRIBUTION
The City agrees to payment of the employees' Public Employees' Retirement
System in the amount of 6~ .
The City also agrees tp defer the taxes on the remaining employee
contribution.
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SECTION 20
HEALTH INSURANCE.
1. City of Petaluma Group Medical-Hospital Insurance Program
The Gty shall. provide for a group medical-hospital. insurance coverage
program for City employees .iri this unit.. T'he City shall pay during the
period of this memorandum the following amounts for health plans:
Kaiser, Health Plan of the -Redwoods and the County of Sonoma Health
Plan
Kaiser H P R Sonoma
Employee $113.81 $126.,93 $110.90
Employee + a $226.62 $253.86 $193.80
Employee + 2 $303.32 $328.;17 $266.45
It is agreed during the course of this Memorandum of Understanding,
that in the event of any premium adjustments of the Health Plan, the
City will pick up the premium increases.
SECTION 21
LIFE INSURANCE
1. The .City shall provide for a group term life insurance program for City
employees in this unit. The City shall pay, during the course of the
Memorandum of Understanding, the insurance premium tAwards employee only
coverage for such. insurance in the principle sum of $15, 000 per
' employee.
SECTION 22
DENTAL INSURANCE
1. The City shall provide for a group Delta Dental Insurance Program for
City employees- and dependents in this unit. Addtr~nally, the City
shall contribute t=Award an Orthodonture plan $.1,000 per child at a 50~
co-payment .rate. The City shall pay, during the period of this
Memorandum the full premium toward the City group dental insurance
coverage program.
S:EC,TION 23
L.O'NG'-TERM DISABILITY
1. The City shall provide for' along-term disability plan . The premium shall
be paid for by the City .
SECTION .24
VISIO.'N INSURANCE
1. The City shall provide.: a Vision Plain, for employee and dependents.
This plan shall. be effective. no later than August 1, 1989. The
premium shall be paid for by the City .
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SECTION 25
yACATIONS
GENERAL
1. The purpose of annual vacation leave is to enable. each eligible full--time
employee annually to return to has work mentally refreshed. All employees
in this unit shall be entitled to annual vacation with pay except the
follow. ing:s
a. .Full-tune, employees w.ho have served less than 12 months in the
service of the City;. however, vacation credits for the time shall be
granted to each such employee who later receives permanent
employment.
b. Employees. who work on a temporary basis and ail part-tune employees
who work less than l; 0.40 hours per year.
2. All permanent employees of -this unit after ser-ving at least one full year
are entitled to the equivalent of ten (10) working days of vacation with
pay in the .next succeeding anniversary year of employment. All permanent
employees of the unit, after five (5) years of continuous service with the
City and' commencing with the .sixth, year, shall be entitled try fifteen (15)
working days of vacation with pay. per year. After 10 years of service,
one additional day of wacaticin shall be added for each additional year of
continuous service to a maximum of 20 days vacation . If an employee
wishes ~to take more. than twenty (2.0) consecutive working days of vacation,
he shall have the prior approval of his department head and the City
.Manager,. '
3. The time during the calendar year which an employee may take his vacation
shall be determined by the department .head 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 part~.cular calendar year, such vacation
shall be taken during the .following calendar year.
VACATION'S -ACCRUAL
4. Except as provided above, an employee shall not :accrue any paid vacation
time. during any leave of absence without pay or during any calendar month
in `ahioli he is absent. without pay for fifteen (15) or more working days.
5. Paid vacation time accrues and .is recorded at the: end of each calendar
month of employment.
6. No employee shall accrue ;paid vacation. time in excess. of two (2) years
vacation leave .
ELIGIBILIT Y
7. No employee shall be eligible. for °paid vacation time or' receive pay in
lieu 'of vacation time before it accrues .
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PAY IN LIEU OF VACATION TIME
8. An employee will receive pay in lieu of paid vacation time (i.e. ,
without taking actual time off from work) only under the following
circumstances°s
a. Retirement; or
b . Start of a leave of absence without pay for more than 90 days; or
c. Resignation requested by the City; or
d. Resignation, the Union sha71 advise its members that two (2) calendar
weeks advance written notice should be given to the City .
e. Death,. in which ease an--.heir or heirs will be paid.
9. Pay in lieu of vacation shall be at the employee's hourly rate times the
number of hours of accrued vacation time.
SCHEDULING OF PAID VACATION TIME
10. Paid vacation time, shall be requested in advance by employees in
accordance with procedures established by the City, except that when
extraordinary ~.rcumstances occur beyond the control of the employee, the
employee may be permitted to reschedule .his vacation at a time mutually
agreed upon.
11. The first day off shall be considered as a Saturday for irregular shift.
employees for the purpose of computing vacations and compensation for
such employees. Any questions relative to interpretation of this
section shall be resolved by the City Manager whose determination
.shalt be final.
HOLIDAYS WITHIN VACATIONS
12. In the event that. one or more of the munu~ipal holidays observed on
the spec~fi~ day falls within. an annual vacation leave, such holiday
shall. •not. be charged as vacation leave, and. the vacation ,leave shall be
extended .according.
SECTION 26
SICK LEAVE
ELIGIBILITY
1. Sick leave: with pay shall be granted to all Unit 2 emplflyees 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 eri.~us illness or injury of an
employee's family member which requires the employee's attentipn . The
term family .members shall include:: spouse, children, parents., spouse's
parents, brothers, sisters or other individuals whose relationship to
the employee is that of a dependent or near dependent, except no sick
leave shall. be payable for any injury or absence which results or
occurs as follow,::
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1. Intentionally self-inflicted;
2.. Participating in .any- criminal act;
3. Participating in a riot;
4 . Working for an employer other than the City .
2. Neither- shall any sick leave be payable (1) during a vacation except when
hospi~ili.zed. or equivalent confinement, or (2) during a layoff, leave of
absence, or disciplinary layoff.
3. All. hours of sick leave accrued and all hours of absence, whether or not
paid,, shall be recorded. To the extent necessary to implement this
Sect~.on, such records may be inspected by an individual emplflyee
and/or authorized Association representative.
ACCRUAL
4. Sick leave shall accrue try all full-time employees at the rate of one day
for each- month of 'continuous service. No employee shall accumulates
more sick leave 'in any year than provided.
5. Sick leave shall continue to accrue while an employee is on vacation, on
sick leave, or on job-connected injury leave.
6 . No employee shall be eligible for sick leave before it accrues .
7. .Employees serving their probationary period, with the. approval of the City
Manager, may take up to one day sick. leave with pay for each month worked .
Employees hired on or before the 14th of a calendar month shall be
credited with one day of .sick leave at the end of that month. Empls~yees
hired on or after the 15th of the calendar month shall not be credited
with any sick leave for that calendar month.
MINIMUM SICK LEAVE CHARGEABLE
8. For the ,purpose of charging sick leave, the minimum sick leave chargeable
will be one working hour.
SICK LEAVE, GENERAL
9. On taking sick ]cave time, the employee must notify his department head
either' prior tra, or within thirty .minutes after the time set for beginning
'his daily duties. If an employee°s duties begin before the switchboard is
in operation, he must notify the department not later than 8:30 a. m .
10. Sick leave shall not be considered as a right which an employee may use at
his. discretion, but a privilege which. shall be allowed only in case of
necessity and actual sickness nor disability.
11. When an employee is absent for more than three (3) consecutive days,
the City Manager or Personnel Officer may require a doctor's
certificate for such sick. .leave absence.
Upon review of an employee's Sick Leave Record, and where there
appears to be a pattern of abuse, the Supervisor shall notify the
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employee: aril the Association ;Representative in order to discuss the
sick leave.-usage. The Supervisor will have the optis~n to immediately
require a Doct`or's Certificate for any future absences. This would
constitute a Verbal Warning. If the abuse still continues, the
Supervisor may initiate a suspension and/or cli.smssal action through
the procedure outlined in the Personnel Rules and Regulations.
12. If an .employee has not recovered by the tune he has exhausted his
accumulated sick leave, the City Manager, upon receipt of such request in
writing, may grant him leave of absence riot to exceed the time limitations
of Section 30.
]3•. Upon. the expiration of a .leave of absence quoted, under Section 30, the
employee shall be returned to the same class or position or to any
position to which he had been eligible to transfer at the time his leave
of absence was granted, ,provided he furnishes medical certification of
ability ts~ perform the position for which he is eligible.
14. The City Manager may revoke pay and sick leave time if the employee is not
in fact sick., or if he has engaged in private or other public work while
on such. leave, Abuse of sibk leave as stated above is suffiraent grounds
.for dismissal.
15. No penalties shall be imposed on employees for. taking justifiable sick
leave to which the employee is eligible.
SECTION 27
BEREAVEMENT LEAVES
1. In the event of the death of an empls~yee's spouse., mother,
grandparent, step-mother, mother in-law, father-, 'step-father,
father-in-law, brother, sister, brother-in-law, sister-in-law, or child,
including an adopt-~d 'child, an employee who ,attends the funeral shall
be granted time off work with pay. T.he amount of time off work with
pay shall be only that which is required try attend the funeral and
make necessary funeral arrangements, but in no event shall it exceed
three (3) working days.. These three (3) days shall not be chargeable
to sick leave. An additional two (2) days required for necessary
~fureral arrangements may be charged to the employee's sick leave, any
additar~nal time beyond these. two days may be charged to accumulated
.compensatory time or leave without pay.
SECTIZIN 28
H'OLIDAY'S
1. Authorized, City observed,- paid. `holidays:
A. The City will designate. eleven (.].1) pain., fixed-date holidays for
employees in this unit. Such- holidays shall be established for the
City's fiscal year as determined by the City Council Resolution.
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B . During the fiscal year of the Memorandum. of Understanding, for those
employees haired on or before July 1 of that Fiscal Year of the
Memorandum of Understanding; the City will authorize one (1)
"Floating Holiday" per- employee, which may be taken by the employee
during that Fiscal Year at,;a time seleet~d by the employee, subject
to operational requirements and approval as determined by the City .
2. The holiday hall be consecutive twenty-four {24) hour period starting
with the employee's starting time on the calendar day on which the holiday
is observed.
3. Each fu71-time employee, other than an employee, on layoff or on any leave
of absence, shall receive eight (8) hours pay at his hourly rate for the
holiday,, provided the employee meets the following eligibility
requirements .
4. He works his last .scheduled work day prior to and his first scheduled work
day following the holiday, unless failure to work on either or both such
days is excused 'because of (1) personal sickness or injury, or (2) other
extraordinary circumstances beyond the control. of the employee proven try
the satisfaction of the City Manager which cannot be corrected in time for
him to meet his empldyment obligation.
5. 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:
1. Time charged try ,accrued vacation allowance; or
2 , Time off without pay
SECTION 29
IND`UST'RIAL INJURY LEAVE
WORKERS' COMPENSATION
1. Benefits shall be payable in situations where employee absence is due to
industrial injury as provided in California State Workers' Compensation
Law . Thee amount of disability payments. paid fig the injured employee. shall
be deducted from salary payable to 'the employee while on sick leave.
During the first tern (.10) calendar days of absence for industrial
disability, the. City will pay employees- an amount which when added to
their Workers' Compensation benefit will equal their regular salary rate.
This supplemental amount, shall: not be deducted from the employees sick
leave benefit. In the. case of ab epees ,beyond ten (10') working days, the
emphy,.ee shall be. entitled to use two hours of sick leave per day to
supplement workers compensation `benefits.. The injured employee may choose
to receive workers' compensation payments only, without. City payment for
salary at no loss of. sick leave.. Sick 'leave for industrial injury shall
not be allowed; for- a disability resulting from sickness, self-inflicted
injury or willful misconduct.,
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DETERMINATION OF ,INDUSTRIAL DISABILITY LEAVE
2 . Except as otherwise limited by "this Section;, the amount of industrial
disability income. availably to an eligible employee shall be determined
by multiplying the number of hours', not to exceed eight in a :calendar
day nor :forty in a calendar week, of time. lost from work because of
the disability, times' the employee's hourly rate at the time the injury
occurs.
NOTICE AND PROOF OF INDUSTRIAL DISABILITY
3. No industrial disability ]save shall. be permitted. unless the employee's
superintendent is notified of the nature of the disability and •the
probable duration thereof "as soon as possible", but. in no event latter than
the conclusion of the current work day., except when the failure to notify
is due to circumstances beyond the control- of the em"plc~yee. The injured
employee .must complete a notice of injury form within the time limits
stated .
4. In alt cases on returning to •work an employee; claiming, or having
received, industrial. disability leave must certify on a form provided by
the City as follows.:.
1. The nature of the industrial disability .which prevented him from
working, including time, dates, and. circumstances, and whether or not
under the care of the "City's physician.. "
2. The amount of time lost ;from wor---k in hours because of the disability.
3. The name- of the individual try whom notificatir~n of the accident was
given or the reason notice was. not given .
4 . A release from ~ an "approved .State Comp physician stating that the
employee has .recovered and is capable of returning to work .
5. In the event that facts and circumstances .indicate that the employee
may not be eligible for industrial disability leave as claimed,
evidence of industrial. dsab~]ity may be requested such as a
physician's statement of the industrial disability.
~• 6. Arbitrary failure or refusal try fo]]ow accepted medical practice in
treating a disability shall be r-eason for discontinuing or
withholding industrial, disability income.
SECTION 30
LEAVES' OF ABSENCE W.IT`HOUT P•AY
METHOD OF REQUESTING LEA~IES~ QF ABSENCE
1. An emplo"yee who desires a leave of absence from. work without pay shall
file a. written request with the: Department Head on forms: provided by the
Personnel Department, stating the title of his positis~n, the beginning
26
and ending dates of 'the requested leave and a full statement of the
reasons for such request. The Department Head may grant or deny such
-leave for a. period not, to exceed three work days. Request for additional
have must be .submitted in the same manner ts~ the City Manager.
GENERAL CONDITIONS
2. During a leave .of absence., an employee will not: accrue. vacation nor be
eligible for any' payments for tune off work as ,provided by this agreement.
3. Subject to and consistent with. the Group Health and Life Insurance Plan,
coverage may be continued during a leave of absence without pay provided
:direct payment of the total premium is made by the employee in a manner
prescribed by the' City .
4. During a leave of: absence, both the City's and the employee's
contributions to the Employees' Retirement Plan are discontinued and
benefits do not accr-ue, nor can they be withdrawn, nor are they forfeited..
PERSONAL LEAVE
5. An employee for personal reasons may be granted a leave of absence without
pay by the City for a period not to exceed three (3) months. The leave
may be, extended ,for .additional periods, 'but in; no case shall a ]save and
extensions exceed six (6) months. A leave for personal reasons as
herein provided may not be used to extend or compound a leave of absence
granted under any other provision of this agreement.
MEDICAL .LEAVE
6. An employee who (l) is unable ts~ work because of non-industrial
personal sickness or injury., or (2) has exhausted sick leave and
vacation payments,, .may be granted a leave of absence without pay
upon request in: writing and the furnishing of .satisfactory evidence of
sickness or disability. The evidence of disability may be furnished by
any person having direct knowledge- of the sickness or disability . The
leave of absence. available pursuant try this ,paragraph contemplates a
short term leave which is agreed to be a period of one calendar month
or less..
7. For continuing disability, extended leave of absence without pay may
be granted for a period up to six (6) months ur:ess further extended
by the City. In no event will an extended leave of absence without
pay exceed. one (1) year. The amount of extended leave of absence
granted pursuant to this paragraph shall be dependent upon the
employee's furnishing satisfactory proof of disability, a showing of
receiving continuing and appropriate medical treatment, and the
furnishing of a physician's opinion that leave of absence is warranted
for medical.. reason and that his prognosis is that the employee will 'be
physically fit to perform his duties at the end of the requested. leave
of absence.. In the event the. employee's physician's prognosis -and
report. is equivocal; the City may request its physician to submit. 'his
,independent. report.
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8. In order to be eligible to return to active employment, the employee
returning from. a medical leave of absence must provide, at least
fourteen. (14) calendar days pribr to the end of leave, a statement from
the employee's physician releasing the. employee to return to work, If
the employee cannot return to his former position, he will be placed in
an eligible category for a classification for which he has the ability to
perform the work.
9. The City, at its option and without cost to the employee, may require
that a physician or physicians of its choosing examine the employee
before returning him to active employment.
SECTION 31
ANNUAL. MILITARY DUTY
1. An employee may be absent on military leave as authorized in Section 395
through 395.8 of the Military and Veterans Code of California. The
employee shall furnish to the City Manager satisfactory proof of his
orders to report for duty and of his actual service pursuant to such
orders. Employees with less than one (1) year City service shall take
such leave without compensation from the City or as provided in the
Military and Veterans Code. Armed Forces reserve or national guard base
pay shall be offset against such pay.
2. If an employee receives vacation pay during a period of training or
service, he shall not be eligible for the military leave provided by this
article for that period of time for which he receives vacation pay .
SECTION 32
ALLOWABLE COMPENSATION WHILE ON DUTY AS JUROR
1. Every classified employee who serves as a trial juror or is compelled to
appear on behalf of the City under service of process, shall be
entitled to be absent from the employee's duties with the City during
the period of such service or while necessarily being present in court
as a result of such call. The employee shall be paid the difference
between the employee's full salary and any payment received by the
employee, excepting travel pay, for such duty. However, such time
shall not be considered as time worked for purposes of Section 12.
2. For the purposes of this Section, time served as a juror or as a
witness, compelled to appear on behalf of the City under subpoena, by
an irregular shift employee shall be paid time not to exceed the
number of hours the employee would have worked on such day .
However, such time shall not be considered as time worked for
purposes of Section 12. It is the intent of this Section try allow an
employee compelled by law to appear as a juror or. witness to compute
that time as a port~n of the employee's work day so that the employee
will not be required ~ appear in court under service of process and
also work a shift for the City during one twenty-four (24) hour
period .
- - 28 -
SECTION 33
MEAL A;ND REST PERIODS
1. All employees shall be granted a meal period of thirty (30) minutes during
each scheduled work shift; except for employees who work other than the
regular day shift. The designated thirty (30) minute meal period shall be
without pay.
2. There shall be granted a rest period at a time, place and manner that does
not interfere with the efficient operation of the Department. Such rest
period sYiall be with pay and shall not exceed fifteen (15) minutes for
each four (4) hours of work. The rest period is intended to be a recess
to be preceded. and followed by an extended work period. Consequently, it
may not be used. to cover an employee's late arrival to work or early
departure., to extend the meal period, nor may it be regarded as cumulative
if not taken .
SECTION 34
COMPENSATORY TIME OFF
1. Employees may receive, in .lieu of being paid for overtime, compensatory
time off.
No employee may earn more than two hundred forty (240) hours of
Compensatory Time. Off per fiscal year. In addition, no employee may
retain on the books more than two hundred forty hours of unused
Compensatory Time at any given point during the fiscal year. Amounts
submitl~d in excess of these limits shall be paid at time and one-half.
The employee may take Compensatory Time Off up to maximum of five (5) days
as a time selected by the employee, subject to the operational
requirements of the City and with approval determined by the City.
All accumulated. compensation time as of June 30, of each Fiscal Year but
for forty hours, will be paid to the employee by the City.
SECTION 35
BONUS HOLIDAY
The City of Petaluma and the Petaluma Employees' Association agree that for the
term of this Memorandum of Understanding an employee who does not use any sink
leave. during the period between. July 1, and June 30, will be awarded one (1)
bonus ho]iday during the fo]lowing Fiscal Year.
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SECTION 36
NEW OR CHANGED CLASSIFICATIONS
1. In the event a' new classification is estab]shed, the City shall assign it
to a pay grade based upon the work to be performed after comparison with
other classifications.
2. The City hall provide the, ..Association with a written classification
description of the new or cYianged classification which shall describe the
convent sufficiently to identify the classification.
3. Upon receipt, of the City's description, the Chief Steward of the
Association, or his designated representative.,, shall be afforded an
opportunity to discuss the new or changed cl.assi-6:cation and assignment to
the pay grade with the City Manager or his representative. If the
Association does not request.. a .meeting within five (5) calendar days of
the receipt of the City's recommendation, it shall be deemed to be
.approved by the Association .
SECTION 37
SENIO RIT Y
STATEMENT OF PRINCIPLES OF SENIORITY
1. In the event of any reduction in the work force, the City will apply the
principle of seniority,,. merit and ability being equal, and the last
employee hired shall be. the first laid off. In rehiring, the last person
laid off shall be the first rehired. A complaint .regarding compliance
with this section shall be a subject for grievance. In rehiring former
employees laid off under this Article, the City shall offer reemployment
in the order of seniority to such former employees w.ho at the time of lay
off were performing services essentially the same as required for the
vacancy, provided that the period of lay off has not exceeded one (1)
year.
2. In shift assignments:, the City will give consideration try the preference
of employees and to seniority; provided, however, that final
responsibility and authority in job ass>gnments, the determination of
qualifications, and the method of determining the qualf~ats~ns for any
job•; shall remain vested in the City.
LOSS OF SENIORITY
3 . Seniority shall be terminated by
a. Resignation
b. Discharge for cause
c. Retirement
d. Failure to return to work .from layoff within seven (7) calendar days
after notice to return by certified or registered mail or by telegram
addressed, to the emp]oyee at his last known address on file with the
City Personnel Office
31'
e. Absence from work for thr-ee (3) consecutive working days without
notifying the City:,, except when the failure to notify and work is due
to .circumstances beyond. control of employee:.. After such unexcused
absence, the City shall. send written notice to the employee at his
last known :address that- he has lost hi:s' seniority, and his employment
has been terminated..
SENIORITY .LIST
4. The City shall ,prepare and maintain a seniority list which shall show the
names, classification title, department, and seniority date of all
employees. The Association (Petaluma Employees Association) shall be
given, two. copies of the list within thirty (30,) calendar days after the
date of -this Agreement, and thereafter ,cur-rent list every six months.
5. A seniority list., including the same information, shall be maintained for
each department. This list, shall be available for inspection by the
employee or his steward
6. These ]fists ,hall be deemed correct as to an employee's. seniority date
unless the employee, or the steward. for the employee, notifies the City to
the contrary i n writing within five (5) days after a ]fist .is given to the
Association .
SECTION 38
PROMOTIONS
PROMOTIONS
1. Except .for those positinnsnot requiring written examinations;, promotis~ns
in the City service sha]1 be based on a competitive examination and
records of efficiency, character, conduct or other generally accepted
qualifications deemed, necessary p or re]iable in obtaiuzing a passing grade.
The City will give significant consideration to the performance of the
employees, seniority, physical fitness., and ability to perform the work.
Lists shall be created and. promotion made therefrom in the same manner as
prescribed for original appointments .
2. Whenever practical, vacancies shall be filled. by promotion., The. rules
covering promotional examination shall be ttie same as those governing
original entrance examinations..
NOTICE ~F EXAMIN:ATIONS
3. Notice of. examinations shall be printed and. shall be posted. on the
of5raal bulletin .boards of the .City= and. may be adverti ed by any other
.
means chosen by the Personnel Officer. .,Public notice shall be posted at
least five (,5) days prior to the final filing date, and shall .contain the
fo]lowing information. .
a. The title and rate- of pay for the position try be~.filled;
b. Some typical duties to be performed;
- 32 -
c. Minimum qualifications required;
d. The method of securing application forms and the final filing date on
which. applications will be accepted;
e. The relative weights. assigned to the various parts of the
examination;
f. Tfie mini "mum passing score:,.
4. In addition to 'the posting .and :any other advertising that takes place for
position as' outlined iri the above paragraph., .a copy of the notice will be
sent to the Associatis~n for those. positions in the work unit which they
represent.
5. Employees who have successfully ,passed an, examination :for a higher
position, and have been certified for the higher position., will be deemed
to qua]fy for positions with le ser qua]ifications and may be certified
to the lesser positions., provided. no ]fists exist for the lesser positions.
6. In the event that .an applicant accepts a lower classified position, he
will be allowed to remain on the eligibility list for higher
classification until the list is abo]ished..
SECTION 39
TEMPQRARY APPOINTNIEN'I'S
1. It shall be the policy of the employer to avoid temporary appointments
whenever possible, unless failure to do so will. seriously hamper the
success of City program, Under such circuumstances and when sufficient
time .may not :be taken to:.fill a permanent position through the normal
procedure:, a Temporary appointment may be made.. Employees receiving
temporary appointments shall be required to :qualify by the normal
selection procedures to become a probationary employee in that class
within. sixty (60) days.
2. During any .period' in which employees are being considered for promotion
and dur-irig any posting period, it shall be the, policy of the employer to
avoid. temporary employment to such ,positions, unless the failure to make
appointments to such positions would seriously hamper the success of the
City program. Under such circumstances and when sufficient time may not
be taken to fill' a permanent position through the normal procedure, a
temporary :appointment may .be :made.
SECTION '4`0
'TRANSFERS BE'IyVEEN SECTIONS
SHIFT CHANGES WITHIN A WORK:SECTIOIV
1. The City Manager may authorize a. change for an employee frgm one position
to another in the same or comparable class .of work where the same general
type of qualifications are required for entrance to such a position.
- 33 -
TRANSFERS
2. When an employee within his; own classification and work section wishes to
change from .one shift to another shift, he shall; file a request for
transfer identifying the .shift lie .is in and the one he chooses to transfer
to and file it with the Personnel Officer.
3. Request. for transfer from one department or work section to another
department or work secton'having'a different jurisdiction or different
function shall be filed. with the Personnel Officer and shall be done only
with the consent of: both. ,department heads involved, unless such a transfer
is ordered by the City Manage"r for purposes of economy or efficiency.
4. Any person. transferred to a different position shall possess the minimum
qualifications for that position.
5. An employee who has been, transferred pursuant to his. request or who has
been promoted and not returned to his former classification, need not be
considered by the City for a subsequent transfer or promotion during the
six. month period following his transfer or promotion.
6 If the employee has filed more than one request for transfer, only the
most recent of his requests will be considered by the City for .making a
transfer,: Such transfers will be conside"red only if the employee
possesses the minimum qualifications for the position,
SECTION 41
PROBATIONARY EMPLOYEES
1. An employee is a probationary employee for his first six months of employ-
. ment in any classification. In the event of a promotion of a permanent
employee to a higher classification, the six month probationary period in
the higher e--lass.fication will be reduced by one day for each two days the
employee had worked in temporary assignments in that .higher classifica-
tion. Periods of absence exceeding five (5) working days shall not be
counted toward completion of the probationary period,
2. No matter concerning the discipline, lay off or termination of a
probationary employee shall be subject to the grievance procedure.
3. An employee who has been promoted but does not successfully pass his pro-
motonal probationary period of six '(6)' months, shall be reinstated to the
position which he held prior to the promotion.
4. Upon an employee reques"t wthn.a one (1) month period following a
promotion, he shall be returned to a regular job opening in the
classification from which he was promoted, at the pay :rate .from which he
was promoted from, but in no event shall he be held in the promotional
position over one (l) month following his request .for reinstatement in the
lower position. Upon reinstatement to the former position, the employee's
name will be removed -from. the. promotional eligibility list.
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,SECTION 42
LAYOFE'AND RECALL PROCEDURES
LAYOFF PROCEDURE
1. When employees are to be laid off, the following shall be the order of
layoff:
a. Temporary employees in the affected classification shall be removed
first.
b. :Probationary employees in an affected classifications shall be
removed next.
c. The employee with the east seniority in an affected classification
or department shall be removed provided that the City Manager may do
otherwise. in order to maintain a balanced .department or work unit and
to maintain employees in the classification or department who have
-the ability to perform the work available..
F,E('~ PROCEDURE
2. An employee who has been laid off or transferred as a result of a
reduction on the work force shall be recalled to work in reverse order in
which the employee was laid off or transferred, conditioned upon the
employee's ability to perform the work available and that the period of
such layoff or transfer has not exceeded one (1) year.
3. When. employees are returned to work after layoff., employees shall be
recalled in reverse. order in which: the employees were laid off. The
employer shall send by .registered mail to the employee's. last known
address notification that the employee is being recalled. The employee
shall return to work within seven (7) days of tYie date of mailing.
Failure to return after notice shall be grounds for discharge and total
loss of seniority.
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SECTION 43
RET=II2EME~1T PLAN
1. During the term of this agreement, the City shall continue membership as
an agency under contract with the~State of California Public Retirement
System in accordance with and subject to the provisions of the State
Employee Retirement Law.
2. Each pay period all permanent and probationary employees shall have
deducted from his earnings a retirement contribution at a percentage rate
established by the Retirement Law.
3. In the event of death or retirement, an employee who has completed ten
(10) years or more with the--City shall receive fifty percent (50~) of his
accLUnulated but unused sick leave, not to exceed sixty (60) days.
4. The City will modify its' contract with PERS to implement the following
options::
a. Sick leave credit.
b. Last year compensation.
SECTION 44
DISC'_TBLTNR
1. The City should not discharge or take other disciplinary action without
just cause. If the'Gity has reason to reprimand. an employee, it should be
done in a manner that will not embarrass the employee.
2. There are two types of corrective or disciplinary action: informal and
formal.
Informal Action:, There are three types of informal corrective action: an
oral reprimand, written reprimand, and if necessary, a corrective
interview. Where a rule, or-der, standard of conduct or performance
requirement has. been violated, an oral or written reprimand may be
appropriate.. The supervisor should make it clear that the conduct is
unacceptable: and repetition is inappropriate. If necessary, warning
should be given that stronger informal action will be taken in the future.
Where oral or written reprimands have failed to correct a pattern of
unacceptable behavior a corrective interview may be appropriate. In a
corrective :interview, the supervisor confers privately With the employee
regarding the employees' performance and/or conduct, and together they
develop a plan„ including target dates,, for correction of unacceptable job
performances. This "plan" shall be in writing and signed by ,both the
employee and supervisor. Together, these two informal types of action are
both preventive and corrective measures, intended to correct a problem
situation without recourse to the severity -- and greater complexity -- of
formal action.
Formal Action: If the informal corrective measures, including written
reprimand., do not result in adherence to job performance .requirements,
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formal action jay become necessary. Formal actions are usually taken only
after a serious infraction of the rules, or after repetitions of lesser
infractions-where the informal process has been unsuccessful. Formal
action alternatives include:
(1.) Suspension without pay
(2) Reduction in salary;
(3} `Demotion. to .a laver job
(4} Dismissal.
for not more than 240 work hours;
class;
3. REIMBURSEMELVT FOR. LOSS OF BELVEFITS
In the event an. employee, is disciplined or discharged and an appeal is
made as provided in the Rules of Appeal of 'the Personnel Board in the
Rules and Regulations of the~Cty gf Petaluma, and such appeal results in
a decision favorable 'to the employee, he shall. be reimbursed for loss of
pay or fringe benefits,. as recommended by the Personnel Board.
SECTION 45
GRIEVANCE PROCEDURE
PURPOSE
1. The grievance procedure shall be used to process and resolve grievances
arising out. of the interpretation, application or enforcement of the
express terms of this agreement. It .is the purpose of this procedure to
resolve grievances at the lowest_possble level and tb provide for an
orderly procedure ;for reviewing and resolving grievances promptly.
2. An attempt shall be :made to ascertain all facts and adjust all grievances
on an informal basis between, the employee and, if he desires, his
designated representative and a upervsor in the employee's chain of
command up to and including his division head:. ;Presentation of this
grievance shall be made within ten (10) working days of the incident
causing the grievance.
3. If the grievance is no€ adjusted to the satisfaction of the employee
involved within five (5:) working days after the. presentation of the
grievance, the grievance shall be submitted in writing by the employee
and/or his deesgnated.representative to the Department Head with a copy
thereof to the"Personnel Officer- within the next ten (10) working days.
In every case~the grievance must, be.sgned~by the employee. The.
,:
.Department Head shall meet with the employee and/or his designated
representative within five (5) working days of the receipt of the written
grievance and shall: deliver his answer to.the employee within five (5`)
working days. after the meeting in writing,.
4. If the grievance is not adjusted then;, the Personnel Officer Shall meet
with. the employee and/or his designated representative within five (5)
working ,days of the receipt of the written grievance and shall deliver his
answer to the .employee within five (5) working days after the meeting in
writing.
5. If the grievance is still not adjusted, or if the parties fail to agree .on
the adjustment: of the grievance, a request may be made in writing by
38
either ,party to the Personnel `.Board to settle-the grievance. Such request
must .be made -five (5) working days-after the Department Head's or the
Personnel Officer's response is, given. to ttie .grievance.
6. The Personnel. Board's decision shall be submitted to the City Manager for
.determination. The Board' shall ;not, have tYie power to add to, delete., or
alter any provision of this agreement, but shall limit its decision to the
scope, application and interpretation of this"agreement.
7. At any step in the grievance procedure, the employee may at his election
be permitted to have a Shop Steward or'other Association representative
present to assist him, in 'the :presentation of his; grievance. The Associa-
tion may designate the Shop Steward and shall notify the Department Head
and the City Manager of the. appointment. Should an employee elect to pre-
sent a grievance in person and without participation of any Association
Officer. or Shop Steward, this is expressly ahowed. No grievance appeal
shall be considered at any evel unless filed in the appeal periods
provided in this article.,..,
`SECTION .46
EMPLOYEE JOB'TRAINING
1. Any training required by the City will be subject to the Fair Labor
Standards Act. Books and tuition will. be pad~for by the employee..
SECTION 47
SMOKING CESSATION PLP,N
1. The £ity agrees to provide.any member of the Unit up to $50.00 for
completion of a smoking cessation program, upon receipt of a certificate
of completion.
SECTION 48
WORK BOOTS
The"City shall pay $37..50 per Fiscal. Year for work boots upon receipt
being provided to the Personnel Office.
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MF~IORANDUM OF UNDERSTANDING
Between
THE CITY OF PETALUMA
And
CITY OF PETALUMA EMPLOYEES' ASSOCIATION
This doc~nnent represents the final and complete Agreement resulting from the
1989-91 Meet and Confer sessions with the City of Petaluma Employees'
Association, Unit 2.
Representatives of the City and Unit 2 acknowledge that they have fulfilled
their mutual and respective obligations to 'Meet and Confer under the
Meyers-Milias-Brown Act. As a result, the parties have came to a mutual
understanding which the representatives of the City and Unit 2, who have the
approval of their members, agree to recommend for acceptance and approval to
the City Council of the City of Petaluma.
The parties affix their signatures as constituting mutual acceptance and
recommendation of this MemorandLm- of Understanding to become effective July 1,
1989, upon acceptance and approval of the City Council.
CITY OF PETALUMA EMPLOYEES' ASSOCIATION
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CITY OF PETALUMA
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