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HomeMy WebLinkAboutResolutions 89-253 N.C.S. 08/14/1989Res®luti®rl No. 89-253 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 PETALUMA PEACE OFFICER'S ASSOCIATION FOR EMPLOYEES IN UNIT 6 WHEREAS, the City, through its duly authorized representa- tives, and the Petaluma Peace Officers' Association through its duly authorized representatives, have concluded their mutual obligation to meet and confer in good faith with respect to farms and conditions of employment for the employees in Unit 6, in accordance with the Meyers-Mi]i.as Brown Act and the City's Employer-Employee Relations Rules and Regulations (Resolution No. 5512 N.C.S.); and, WHEREAS , the duly authorized representatives of the City and the Petaluma Peace Officers' 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 Munic2pal Employees' Relations Officer (Resolution No. 5375 N . C . S .) is required and empowered to make a recommendation to the City Council on matters related to employees' compensation; and, WHEREAS , the City Manager has reviewed and concurs with said Memorandum of Understanding for Unit 6, and does recommend that the City Council 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 14, 1989 through June 30, 1992 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 ve s to Council of the City of Petaluma at a (Regular) (Adjourned) (S meeting' rm on the -•---1.4.th..-..... day of ............... AUgu St.....,.-.........-......-, 19.~.~., by tthe F , following vote: ' i y A torney AYES: Tencer, Woolsey, Cavanagh, Balshaw, Davis, Vice Mayor So e , Mayor Hilligoss NOES: 0 ABSENT: ATTEST : .............. ... .-..................--•-- .........--.........-.._..-......... City Clerk , r. ` Mayor Council File ...................°-..°--•----•- CA 10-85 Res. No.. ~. ~.. .~.J.~....... N.C.S. .~ MEMORANDUM OF UNDERSTANDING BETWEEN T'HE CITY OF PETALUMA AND PEACE OFFICERS° ASSOCIATION OF PETALUMA .FISCAL YEAR .1989-.90 FISCAL YEAR 1990-91 FISCAL YEAR 1991-92 TABLE OF CONTENTS PREAM.B;LE GENERAL Section .1. Section 2. Section 3. Term of Agreement Severability Workweek COMPENSATION SectiDn 4. Section 5. Section 6. Section 7. Section 8. Section 9. Section 10. Section 11. Section 12. Section 13. Section 14. .Section 15. Section 16. Section 17. Section 18. Salary PEAS Paid Member Employer's Contribution Overtime C ail Back Compensatory Time Off Court Time .Payment Police Officer Working in a Higher Classification Field Training Officer Commuri.catic>n Dispatcher -Clerk Training Police Education. Incentive Pay Program Sergeant P-romations . Uniform Clothing A]lowance Program Holiday Pay Sack Leave Payment at Retirement Investigation Standby & Conversion INSURANCE Section 19. Section 20. Section 21. Section 22. Section 23. Sect~n 24. .Section 25. Sect~n 26. Section 27. Sect~n 28. Sect~n 29. Section 30. Health Insurance Dental Insurance Life Insurance Long Term Dasahility Insurance Vision Insurance LEAVES Vacation Sick Leave Bereavement Leave Military Leave Leave of Absence without Pay Jury Leave Holidays OTHER Section 31. Section 32. Retirement Grievance. Procedure ACCEPTANCE P, REAMBLE This document represents the final ands complete agreement resulting from Meet and Corifer sessinns between the .City of Petaluma and the Peace Officers' AssociatiDri of Petaluma, Unit 6. Representatives of the City and Unit 6 acknowledge that they have fulfillEd their mutual and respective obligations to Meet and Confer under the Meyers-Milian-Brown Act. As a result, the parties have come to a mutual understanding which -the representatives of the City and Unit 6, who have the approval of their members, agree to recommend' for acceptance and approval of the City Council of the City of Petaluma. The parties affix their signatures as constituting mutual acceptance and recommendation. of this Memorandum of Understanding to commence the day fo9lowing approval by the City Council. 1 GE N E°-R<A L Section 1. Term of Agreement This Memorandum of Understandin'g' shall commence July 14, 1989, and shall continue through June 30, 1992. Sect~n 2. Severabilit The parties wi]1 commence meeting and conferring for 1992-9.3 fiscal year, not later than the end. of April 1992, and will endeavor to reach an agreement, in a written. Memorandum of Understancling for submission to the City Council for its determination, prier to the adoption by the City of its Final Budget for the subsequent Fiscal Year. Section 3. Workweek A work week shall consist of forty (40) hou-rs worked' in one week, based upon afifty-two (52) week year. An on-duty workday may consist of eight (8) hours per day in each of five (5) 24-hour days, or ten (10) hours per day in each of four (4') 24-hour days pursuant ~ Section 7k of the Fair Labor Standards Act. The work period shall consist of a twenty~ight day cycle for the position of. Police Sergeant, Police Officer, Youth Service Officer, Po]ice Sergeant (Investigator) , and Police Officer (Investigator) . The City solely determines and administers all requirements., practices and procedures,, related to, for example, scheduling, rescheduling, shifts, watches, assignments, ho]idays and other matters related thereto. The practice of signup by seniDrity shall continue without change. a. Police Officers. and Sergeants in the patrol function shall be placed onto a four (4) ten (10) hour workday through June 30, 1992. b. Communications Dispatcher-.Clerks shall. .be placed onto a four (4) ten (10) hour workday, unless dispatcher staffing .falls to eight (8) or less independently functioning dispatchers. 4 . Salary (A) The base hourly .rates for each. of the classifications included in representational. U-nit 6 are as follows: Effective. July 14, 1989 Police Sergeant (Investigator) Police Sergeant Police Officer (Investigator) Police Officer Youth Service Officer CommunicatDns Dispatcher-Clerk Parking Enforcement Officer Community Service Officer Property Technician Police Officer Trainee $17.01 $.17.86 $18.76 $19.69 $20..69 17.01 17.86 18.76 19.69 20.69 14.15 14.85 15.60 16.38 17.19 .14.15 14.85 15.60 16.38 17.19 14.15 14.85 15.60 16.38 17.19 11.25 .11.82 12.41 13.03 13.68 10.16 10.67 11.20' 11..76 12.35 10.16 10.67 11.20 11.76 12.3.5 10.16. 10.67 11.20 11.76 12.35 12.35 2 Effective July 1, 1990 (B) No later than March 1, .199:0,• the City shall update the salary survey, for base salary, only., excluding. PERS, for classifications in the Unit, using tlie~same cites"ssurveyed in the May,. 1989 survey prepared by Personnel :Associates. Effective July 1, 1.990, the .City shall raise the base hourly rate for each classification in an amount sufficient to meet 70$ (80$ for Communications Dispatcher-Clerks) of the difference .between the up-dated survey mean for the surveyed jurisdictions and each unit classification . Onee these parity increases have been made, these salaries for each classification shall be increased by the greater of (b) An amount equal to the increase in U . S . Department of Labor, 'Bureau of Labor Statistics, San Francisco Consumer Price Index for February 89-90 (all Urban Consumers:) ; unless the CPI'. increases to over 7$ or drops lower than 3$, then for each full 1$ increase or drop,.the 5.5$ increase set-.:forth above shall be raised or reduced by 1/2 of 1$ (i.e. if the CPI increases by 8$ then the increase shall be 6$) . Effecti_ve° July 1, 1991 (B) No ]titer than. March 1, 1991, the City shall update the salary survey, forbase salary only, excluding PERS, for c]assificatiDns in the Unit, using the same cities surveyed- in the .May, 1989 survey prepared• by Personnel Associates.. Effective July 1, 1991, the City shall raise the base hourly rate for each classification in an amount sufficient to meet 100$ of the difference between the up-dated survey mean for the surveyed jurisdictions and each unit classa.ficaticn Once these parity increases have been. made, these .salaries for each classificatis~n shall be increased by the greater of (b) An 'amount equal bo the increase• in U.S. Department of Labor, Bureau of Labor Statistics, .San Francisco Consumer- Price• Index fur February 90-91 (all Urban Consumers:) ; unless the CPI increases to over 7$ or drops lower than 3$ then for each full 1$ increase or drop, the 5.5$ increase set forth above shall be raised or reduced by 1/2 of 1$ (i..e. if the. CPI increases by 8$ then the increase shall be 6$). Section 5. PERS Paid .Member .:Employer's Contribution and- Conversion A. The City agrees to gay the following amount of the employee contr-ibutnn to the PE-RS Retirement System to be contributed tc~ the emplflyees' account, effective July 14, 19:89. Sworn Of£ic_ers 8$ Non sworn 7$ Dispatcher-Clerks 6$ 3 B . Effective July 1, 19.90 the City agrees to pay Sworn Officers 9 $ Non sworn T$ Dispatcher-Clerks 7$ C . It is understood that sworn employees who are, or will, retire with a service or disability retirement, .shall be allDwed to make cone-time, irrevocable conversion of the- City's contribution, being made on their behalf, to base salary. Employees who wish to exercise this one-time, irrevocable conversion, must meet the following requirements. 1. SERVICE' RETIREMENT: Minimum forty-nine 49 years of age, and will be retiring no later than one (1) year from date of conversion'. 2.. DISABILITY .RETIREMENT. (Industrial or Non-Industrial) Eligible for disabi7.ity retirement with conversion to take pace one day priDr to the actual date of retirement, or the date upon. which an emplpyee is determined to be permanent and statiflnary and/or application for disabi]ity retirement is made, whichever occurs first. Emplt~yees who, under C above, have converted the: -City payment of the employees' contribution to PE RS and do not retire on the date specified to the City at the time of .conversion, shall owe to the City the increased costs including .but not limitei3 to benefit contributions, overtime, holiday pay, and City contributions tp PE`RS . The costs owed to the City will be from the time of conversion to the actual date of retirement. Section 6. Overtime The City shall compensate each employee governed. by this memorandum at the rate of time and one.-half for approved overtime. (Off duty training time conducbecl "in-house" shall be compensated as overtime.) Overtime of fifteen minutes shall be paid to the nearest quarter hour. Section 7. Call Back An employee. who is called. back to work., ;excluding court time call-back, after having completed the employee's regular shift and having left the City premises, shall receive a minimum of two (2) hours of work or two (2) hours of .pay, at the overtime rate. Seddon 8. Compensatory Time Off The P:POA agrees fio indemnify and hold the City harmless fir any potential penalt~s or costs. incurred- for failing to comply with the FLSA with respect to the continued accrual and use of compensatary time off pursuant to this MOU. Sworn and non sworn employees may receive, in lieu of being paid for overtime, compensatory time off at a mutually agreeable time between the City and the employee. .Such compensatory time. off may be accrued up to a - maximum of 240' hours at any one time. Any time: beyond the 240 hours shall be paid at the overtime rate of one and one-half time (1-1/2) . 4 Compensatory tune. shall not accrue when. an employee is assigned to work for any other employee who is taking comperesatory time off.. Section 9. Court Time Payments. A The City will compensate. a minimum of four (4) hours at time and one.-half for each officer for court appearances on his own time; additionally, time and one-half (1-1/2) shall be compensated for all hours actually worked in court beyond .such four (4) hours. B .Each officer subpoenaed ~ appear in court on his/her own time shall be required to check,. with the designated police department .representative the evening before the officer is scheduled to appear to deter-mine whether the court appearance has been cancelled. If an officer's court. appearance is cancelled less than 12 hours before the scheduled appearance., and prier tQ leaving his/her residence, the officer shall be compensated a minimum of two (2) hours at time and orie-half (1-1/2) . If_ the. officer fails to check in with the designated police department representative the. evening before the scheduled court appearance, the officer shall not. receive any court time minimum if the court appearance was canceled the night before. C An employee receiving full salary while not. working, pursuant t~ Labor Code Sect~n 4850, shall not be granted further compensation for court time unless this court time: (including all :related.. professional activities) exceed the number ;of hours in the regular. workday (eight (8) or ten (10') , depending upon his or her schedule) in one day or 40 hours in one week; if such court time and related professional activit~s exceed eight (8) or ten {10) .hours. in one day (whichever is the applicable workday or 40 hour-s ~n one week) the employee shall~be compensated for such additional time at the applicable overtime rate. Section 10. Police: Officer "Working in a Higher ,Classification When a Police Officer is assigned ,to perform the duties of a Sergeant for a period of four (4) hours, or more by the -Chief of Police or a Lieutenant or the Watch Sergeant of the preceding shift when the Chief or Lieutenant is not on duty, he shall be paid at Step III ~of the Sergeant salary classification . If the Watch :Sergeant of the. preceding shift, the Chief, or Lieutenant is unavailable ~ due to unforeseen circumstances and it is necessary fir an officer to perform the functions of a Sergeant, the Chief or Lieutenant may grant subsequent approval during his next normal work shift. Any overtime per£vrmed, ;by a Police Officer while he or she is entitled to pay at the Sergeant rate, shall be compensated at one and one-half (1-1/2) times the applicable Sergeant rate of pay. 5 i Section 11. Field Training Officer Police Officers who are designated Field. Training Officers sha11 receive 5~ above their base salary for any hours spent .performing assigned training . .Section 12. CommunicatiDns Dispatcher-Clerk Training .Any Communications Dispatcher-Clerk who is assigned to train a newly hired Communications Dispatcher-Clerk shall be paid 5~ above his/her base glary rate, on all hours spent performing assigned. training. Section 13. Police Education Incentive Pay Program A. This Program .encourages employees in specific classificatiflns to acquire and to main-fain educational achievement. B . Educatflnal incentive pay is provided for- qualified employees in the classification and' fvr the amount as specdfi~d be1Dw 1. Police Officer, Police . Officer (Investigator) or Youth Service Officer: Educational Achievement Incentive Pay Amount Intermediate P. O . S . T . Cert.. $75/mo. per employee Advanced P.O.S.~T. Cert. $100/mo. per employee 2. Police Sergeant or Police Sergeant (Investigator) Advanced P. 0 , 5. T . Cert. $100/mo. per employee or Supervisory Cert. $125/mo. per employee 3. An employee who reaches, for the first time, salary Step III of his/her. classi~atinn,, and who has an Intermediate P. 0 . S. T . Certificate or Advanced P . O . S . T . Certificate, shall qualify to receive incentive: pay commencing with -the next full pay period. C. Effective July 1, .1990 the incentive pay amounts shall be-raised for each level and in each classification, by $50.00 per month. D. Effective July 1, 19.91 the incentive pay amounts shall be calculated as follows 1. Police Officer,,. Police .Officer (Investigator) Youth Service Officer, Police Sergeant or Police Sergeant (Investigator) Intermediate P . O . S . T . 5$ of base salary Advanced P . 0 . S . T . 7$ of base salary Supervisory Certificate 7~ of base salary ect~n .14 . Ser giant 'Promot~ns S g Upon promaf-gin tb ;Sergeant, Police Officers. in Step V of the salary scale shall be placed. in Step II of~ the Sergeant -salary scale. All other Officers promoted to Sergeant shall be placed in Step I of the Sergeant salary scale. Section 15. Uniform/Clothing AllDwance Program: All employees shall comply with the uniform/clothing requirements and procedures as established and administered by the Police Chief. 6 The Uniform/C1Dthing Allowance. Program shall ~be paid for the term of this Memorandum with .full annual amount to be paid in December of each year, using the emp]c~yee's salar-y rate as' effective on July 14 of that year. A. The amount of 1-1/2$ of the annual salary of the tip step Police Officer- per year for the classifications bf Police Officer, Police Officer ,(Investigator) , Youth Service Officer, Police Sergeant and Police Sergeant (Inves~igafnr) . B. The amount of 1-1/2~ of the annual salary of thee. top step Community Service .Officer per year for the classifications of Parking Enforcement Officer, Community Service Officer and Property Technician. Employees .hired on or after July 1, and prier to December 1, of each fiscal year' shall be paid a full annual payment amount on or before December 5, of that year. Employees:: hired on or after December 1, and prier do June 30, of the fiscal year:, shall be paid the full annual payment amount on or before July of the fol]Dwing fiscal year. An employee who terminates from City service or is released from City service shall only receive a prorate annual amount. An employee who so separates from City service after any payment has been made shall return that portiDn of the al.]owance determined by the last day in City service and the end of the fiscal year:. .Any empls~yee on .leave of absence without pay, Workegs CompensatiDn, or leave status in excess' of this'ty (301 accumulative calendar days during the term of this MOU shall receive a prorata amount for the fiscal year.. Any' employee receiving full salary while 'not working in excess of thirty ('30) accumulative calendar days' pursuant to Labor Code 4850 shall receive a prorata amount for the fiscal year. Section 16. Holiday Pay. For those employees of Unit 6 who are required ~ be available fier regular duty on holidays rather than receiving time off, the City of Petaluma shall grant a fatal of eighty-eight (88) hours of holiday pay per fiscal year. The City shall pay for such holidays in the month of December, in lieu of giving time off. If an employee works only part of a year,. due to resignation, termination, :.retirement, or disability, he or she wilt be entitled ~ a prorata share of the eighty~igfit (88) hours payment, based upon the port~n of the year the employee worked. Section 17. Sick Leave., Retirement In the event of retirement, an employee who has completed ten (10) years or more with the City shall receive fifty percent (50~) of his accumulated but unused sick leave, oat to exceed 480- hours. 7 Section 18. Investigation Standb As compensation, for the inconvenience of .having to "standby" , the City will compensate the Investigator on standb"y at the ~-rate of $90..00 per seven (7) day workweek of actual standby. Additionally, for each holiday for which the investigator is required to ,standby; the City will pay the Investigator an :additional $40.00. INSURANCE Section 19. Health Insurance boring the .period of this Memorandum of Understanding, employees shall make the contributaon to health insurance premiums as set forth below. The balance of the premiums will be paid by the City of Petaluma. A . .Effective July 14 , .:1989 Health Plan of Kaiser The Redwoods Employee $ 7.97 $ 7 . SO Employee + 1 dependent 14.58 15..00 Employee + 2 dependents 19.22 33.50 B. Effective January 1, .19:90 The City shall increase its contribution for health. insurance premiums under any of° the above medcal./hospital' insurance programs by a maximum of $15.00 per employee. C. Effective July 1, 1990 For Fiscal Year 1990 the City shall :pay any increase in health insurance premiums under the above medical/fiospital insurance coverage programs. D . Effective July 1, 1991 For Fiscal Year 1991 the City shall pay any increase in health insurance premiums under the above medcal/hospital insurance coverage programs. Section 20. Dental Insurance The City shall provide for a group Delta Dental Insurance Program for City employees and dependents in this unit. Additionally, the City shall contribute tz?ward an Orthodonture plan $1,000 per child at a 50$ co-payment rate. The City shall pay, during the period of this Memo "random, the full premium sward the City group dental insurance coverage grog"ram. Sechn 21. Life Insurance The City shall provide.., . at no cost .tD the emplDyee, group term life insurance coverage in the principal amount of $15,000 per employee. SectiDn 22. Long Term: Disability Insurance The City sha11 pay during the period of" this memorandum the monthly premium for the PORAC Long Term Disability Plan for all Eolit~e Officers 'and Sergeants,; provided, however, that the totJal amount pairs by the City in connection with LT'b shall not exceed $33.10 per month for any employee. 8 During the term of this Memorandum of Understanding, the City wi11 pay $20.80 per month toward Long Term Disability coverage for non-sworn personnel in U=nit 6. Sectifln 23. Vision Insurance The City shall provide a `Vision Plan for employees and dependents. This plan shall be effective no later than August 1, 1989. The premium shall be pairs-for by the City. LEAVES Sectien 24. Vacation All 'regular employees of the City of Petaluma.; 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 the vacation is earned. All regular employees of the City of Petaluma, after five (5) years of continuous employment .with the City, and beginning with the sixth years shall be entitled tQ the equivalent of one hundred twenty (120) hours of vacation per year. . After ten (10) years of :continuous service, eight (8) additional hours of vacation shall be added .for .each additional year of continuous service try a maximum of 160 hours of vacation. Vacation accumulated in excess of two years will be last. Seci~n 25. Sick Leave A . General. Sick leave with pay .shall be ,granted tD all probationary and regular .employees within the competitive .service. Sick leave shall oat be considered a right which an employee may use at his discretion, but shall be allowed only in the case of necessity or actual personal sickness or disability. B . Accrual. It is unelerstr~od that the sick leave provisiDns of the Memorandum of 'Understanding for this unit provides fear accrual at the rate of eight (8) hours per employee per month: No employee shall accumulatie more sick leave in any year than provided. C . Notification Procedures.. In order do receive compensation while absent on sir;k' leave, the °emplnyee shall notify his immediate superior or the Personnel Officer prior to or within four hours after this time set for .beginning his. daily duties as may be specified by the head of his department. When- absence is for more than. -three (3) days duration , the employee may be required tD fi]e a physsicuaann's certificate with the Personnel Officer stating -the cause of the absence. 9 D. Family Siek Leave.. Leaves of absence up to four working days with pay per fiscal year •may be granted to emplDyees in the event of serious illness or injury in the emphyee's immediate family and will be charged against sick leave. The immediate family shall consist of the spouse, children, parents, brothers, .sisters, or other individuals whose relationship to the employee is that of a dependent or near dependent. In each case,, the appointing power shall grant such sick leave orLly when in his opinion, the relationship of the sick or disabled person to the employee warrants such use of sick. leave. E .. Relationship to Worleer's Compensation . When the employee's absence from work has been occasioned by 'injury suffered during his employment and he receives workmen's. compensatmn, he shall also be entitled to receive from the City the difference between such workmen's compen~satinn benefits paid and the. amount which would otherwise have been.. paid hereunder for' sick .leave. Ordinarily, it shall be the policy in workmen's compensation matters that the employee shall assign to the .City any benefits rendered him during the period ;that he is absent on 'sick leave and. the City shall pay him his full silk .leave benefits. .Sick leave under workmen's compensation is a supplement to the workmen's compensatr~n benefits to provide the employee compensation at his regular rate.. Alt employees receiving full salaries in lieu of temporary disability payments pursuant to Section 4850 Labor Code are entitled ~ accumulate sick leave during such periods of disability. F. Sick Leave Transfer. Any bargaining unit employee may transfer some of his/her accrued sick. leave tQ another .bargaining unit employee for use as .sick leave by the receiving employee. Such transfer shall be accomplished by a memo from the transferring employee to the designated police department representative fir forwarding to the Personnel Office, setting forth the name of the receiving employee and the number of hours being transferred. A11 such transfers are irrevocable . In .order: to be eligible tD receive a transfer of sick leave the receiving employee must have 0 hours of accrued sick leave. Section 26. Bereavement Leave Leaves of; absence up to three working days with pay per fiscal year may be granted t~ emplr~yees in ttae event of death in the employee's immediate family. -The immediate family shall consist of the spouse, children, parents, brothers., sisters..; father-in-law , .mother-in-law , brother-ori-law , :sister-in-law, or other individual whose relationship to the employee is that of a legal dependent. Section 27. Military Leave Military leave shall be granted in accordance.. with the provisions of State law . All employees entitled to military leave. shall give the appointing power an opportunity within the limits of military regulations bo determine when such leave shall be taken . 10 Section 28. Leave of Absence Without Pay The City Manager may grant a permanent .or probationary employee leave of absence without pay or seniority :for a period not to exceed three {3) months. Good. cause .being shown by written request, the City Manager 'may extend the leave of absence without pay 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 try report promptly at its expiration, or wittan a reasonable time afi~er notice to return to duty shall be cause for discharge. Section 29. Jury Leave Every classified' employee of the- City who is called or required ~ serve as atrial juror shall be entitled'' to absent .himself from his duties with the City .during the period of such .service or while necessarily being present in court as a result of such call. Under such circumstances, the employee shall- be paid the difference between his full .salary and any payment received by him , except travel ;pay , for such duty . Section 30. Holidays A;. Fixed. Holidays. TYie City shall observe. eleven (11) paid fixed-date holidays. These holidays shall be established. for the City's fiscal year as deter-mined by City Council Resolution . B. Holiday, Flflating. The City will provide one (1) "Floating Holiday" of eight (8!) hours per. employee, per fiscal year fir employees assigned ~ work eight. (8) hours ,per day, which may be taken by the employee at a time mutually agreed upon by the employee and the Police Chief, consistent with. operational needs . The City ~ will. provide one (1) "Floating Holiday" of ten (10) ten hours per employee per fiscal year fir employees: assigned t~ work ten (10) hours per day, which may be taken by the: employee at a time mutually agreed upon by the employee and the Police Chief consistterit with operational needs. The appropriate hours,, eight (8 ), . or ten (10) will be determined by the hours per day being worked. at the: time the "F]oating Holiday" is taken . Employees hired between Jury l; and: December 31 of each fiscal year will be :eligible for a Floating :Holiday during the course of that fiscal year. Employees hired on or after .January 1 of each year shall not be eligible for a Floating Holiday during :that fiscal year. 11 OTHER Section 31. Retirement A. The City of Petaluma agrees to: maintain ..its current Public Employee Retirement System to provide the 2~ @ 50 `program and all other options currently in effect for sworn officers. B . The City agrees to maintain its current Public: Employee Retirement System. ~ provide the, .2$ @ 60 program and all other options currently in effect for non-sworn personnel. Section 32. Grievance Procedure 1. Purposes of Rule a. To promote ,improved employer-emphyee relations by establishing grievance procedures on matters for which appeal or hearing is not provided by other regulations. b. To afford employees individually or through qualified employee orgarizatinns a systematic means of obtaining further consi'deratinns of problems after every reasonable effort has failed to resolve them through discussions. c. To provide that grievances shall be settled as near as possible to the point of origin . d. To provide that appeals shall be conducted as informally as possible . 2. Matters subject to ~ Grievance Procedure.: Any employee in the competitive service shalt have the right to appeal under this rule, a deci..~n affecting his employment over which his appointing power has parkial or complete juriscti~tifln and for which appeal is not provided by other regulations or is not prohibited. 3. Informal Grievance Procedure: An employee who has a problem or complaint should first try to get it settled through discussion with his immediate supervisor without undue delay. If, after this discussion, he does not believe the problem has been satisfactorily resolved, he shall have- the right to discuss >t with his. .supervisor's immediate superior, if any, in the administrative .service. Every effort should be made to find an acceptable solution by informal means at the lowest possible level of supervision.. If the employee is not in agreement with the deciai~n reached by di.scussinn, he shall then have the right to file a formal appeal in writing within teen (l:0) calendar days after receiving the •informal decisiDn of his immediate. superior. An informal appeal shall not be taken above the appointing power. 12 4: Formal Grievance Procedure: (Levels of Review through Chain of Command a. First Level of Review . T'he' appeal shall be presented in writing to the employee's :immedate supervisor, who shall render his decision and comments in writing and return them to the employee within five (5) calendar days aff~r receiving the appeal. If the employee does. not agree with .his supervisor's dec~~ion, or if no answer has been received within five (5) calendar days, the employee may present the appeal in writing to his supervisor's immediate superior: Failure of the employee to take further action within; five (5) calendar days after receipt of the writhen decision of his supervisor, or within a total of fifteen (15 ) calendar days if no decision is rendered, wilt constitute a dropping of the appeal. b . Further _ Level or Levels of Review as Appropriate . The supervisor receiving the appeal shall review it,_ render his decision and comments in writing,. and. return them ~ the employee within five (5) calendar days after receiving the appeal. Zf the employee does not agree with the decision., or if no answer has been received withal five (5) calendar days, he may present the appeal in writing try the department head. Failure of the employee. to take further action within five (5) calendar days after receipt of the decision or within. a total of fifteen (15 ) calendar days if no decision is rendered, will constitute a dropping of the appeal. c. Department. Review. The department head receiving the appeal of his designated representative, should discuss the grievance with the employee.,. his representative,,. if any, and with other appropriate persons. The department.. ,head shall render his deca~~n -and comments in writing,,. and return them bo the employee within five (5) calendar days after receiving the appeal. If the employee does not agree with the' decision reached, or if no answer has been received within five (5) calendar days, he may present the appeal in writing to the City .Manager. Failure of the employee to take further action within .five (5) ca]endar days after receipt of the decLSion or within a tiotat of fifteen (15 ) calendar days if no decision. is rendered, will constitute a dropping of the appeal. d. City .Manager., The City Manager- 'receiving the appeal or his designated representative should' . discuss the grievance with the emp]oyee, his representative, ;if any, and with other appropriate persons:. The City Manager may designate a fact-finding committee, officer not in the normal line of supervision, or Personnel Board to advise him concerning the appeal. The City Manager shall render a decision in writing ~ the employee within twenty (20) calendar days after receiving the appeal. 13 .~ 5. Conduct of Grievance Procedure: a. The time limits specified above may be extended tD a definite date by mutual agreement of the employee and the reviewer concerned . b. The employee may request the assistance of another person of his own choosing in preparing and presenting his appeal at any level of review . c. The employee and his representative may be privileged ~ use a reasonable amount of work time as determined by the appropriate department head in conferring about and presenting the appeal. d. EmplDyees shall be assured freedom from reprisal for using the grievance. procedures. ACCEPTANCE The parties affix their signatures as constituting mutual acceptance and recommendation of this Memorandum of Understanding to become effective July 14, 1989 following its aeloptifln by the City Council of the City of Petaluma. CITY OF PETALUMA ~ ~ ~~. -, ~U6C.lSr~~, / ~8~ l ~y~d-~sT ~ ~, l 5 F~ Ili 14