Loading...
HomeMy WebLinkAboutResolutions 88-207 N.C.S. 07/05/1988 Resolution No. 88-20~ N.C.S. of the City of Petaluma, California RESOLUTION RATIFYING MEMORANDUM OF UNDERSTANDING EXECUTED BY THE DULY AUTHORIZED REPRESENTATIVES OF THE CITY AND THE PETALUMA PEACE OFFICERS' ASSOCIATION FOR EMPLOYEES OF UNIT 6 WHEREAS, the City, through its duly authorized representatives, 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 terms and conditions of emp]s~yment for the employees in Unit 6, in accordance with the Meyers-Milias-Brown Act and the City's Employer-Employee Relations Rules and Regulations (ResolutiDn No. 5512 N . C . S .) ; and, WHEREAS, the duly authorized representatives of the City and the Petaluma Peace Officers' Associatis~n, 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. 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 1, 1988 through June 30, ]989. 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 p d as to Council of the City of Petaluma at a (Regular) ~A~.~X~1) meeting ~' on the ...~.~~..--•-------... day of ......................Iuly...................-.....-..., 198.8..., by the following vote: ity Attorney AYES: Sobel, Balshaw, Cavanagh, Tencer, Vice Mayor Woolsey, Mayor Hill~igq~s NOES: ~ ABSENT: Mic ael Davis ATTEST : ........>w~t~ti~... ................ ~P.(Jt,L~i-, City Clerk CA 10-85 -• ---• Mayc Council File ...................°--°-----...... Res. No. .........8.$-20.7... N.C.S. _~-' _~ MEM'ORAN;DUM OF UNDERSTANDING BETWEEN THE CITY OF PETALUMA AND PEACE OFFICERS° ASSOCIATION OF PETALUMA FISCAL YEAR 198.8-89 TABLE OF CONTENTS PREAMBLE GENERAL Section 1. Term of Agreement Section 2. Sergiability Secton 3. Workweek COMPENSATION Section 4. Salary Section 5. PERS. Paid Member Employer`s Contribution & Conversion Section 6. Overtime Section 7. Call Back Section 8. Compen'_satory Time Off Section 9. Court: Time Payment Section 10. Police Officer Working in a Higher ;Classification Section 11. FiP1d Training, Officer Section 12. Communication Dispatcher -Clerk Training Section 13. Police .Education Incentive Pay Program Section 14. Sergeant Promotions Section 15. Uniform ,C]s~tFfing Allowance Program Sect~n lb . Holiday Pay Section 17. Sick Leave: Payment at Retirement Section 18. InvestigatiDn Standby INSURANCE Section. 19. Health Insurance Section '20. Dental Insurance Section 21. Life Insurance Section 22. Long Term Disability Insurance Section 23. Vision. Insurance LEAVES Section 24. Vacation. Section 25. Sick Leave Section. 26. Bereavemenf Leave Section 27.. Mi]ifary Leave Section 28. Leaver of, Absence without Pay Section 29. Jury Leave. Secta~n 30. Holidays OTHER Seen 31. Retirement Section 32. Grievance Procedure ACCEPTANCE P R E.A M~B'L'E This document represents the final and .complete agreement resulting from Meet and Confer sessis~ns between the City of .Petaluma. and the Peace Officers' Association of Petaluma, Unit 6. Representatives of the City .and Unit 6 acknowledge that they have. ftilfillPd their mutual and respective obligations to Meet and Confer under the Meyers-Milias-Brown, .Act. As a result, the parties' have.. come to a mutual unders~nding 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 trieir signatures as constituting mutual acceptance and recommendation of this Memorandum of Understanding to commence the day following approval by the City Council. 1 GENERAL Section 1. Term of Agreement This Memorandum:. of Understanding shall commenc_ e July -1, 1988, and shall continue through Jurie 30, -1989. Section 2 ~. Servability" The parties will commence meeting and conferring ;for.: 1989-90 'fiscal year, .not later than the. end of April 1989, and will endeavor to reach an a reement in a written Memorandum of Understandin g g for submission to the City Council for its det~erminaten, prior do the adoption by the City of its Final Budget for the subsequent Fiscal Year. Sect~n 3. Workweek. A work week shall consist ~of forty (40) hours: worked in one week, based upon affty-two (~52:): week year.. An on-duty workday may consist of eight {8) hours per day iri each of five (5) 24-hour days., or ten (10) hours per day in each of four "(4) 24-:hour days pursuant to Section 7k ,of the Fair Labor Standards Act. T,he work .period shall. consist of a twenty-eight day cycle for the positiDn of .Police. Sergeant, Police: Officer, Youth Service Officer Police Ser cant (Investi ator) , and Po " ' ' g 'g Tice Offiber (InvestLgator) . The City solely determines and administers all, requirements:; practices and procedures`:, related , tp:, for example;, scheduling,. rescheduling; shifts, watches, assignments;; holidays and other matters relafed thereto. The practice of signup by seniority shall continue without change. a. Police Officers and Sergeants in the patrol function .shall be placed.. onto. a four (4) teen (10) hour: 'workday through June 30~, 1989. b . Communi.catiDhs Dispatcher-Clerks sha11 be °placed ont-r~ a four (4 ) ten . (10) hour °workday, unless dispatcher staffing falls to eight (8) or less independently functioning dispatchers. 4. Salary The base hourly rates for each of the classifications included in representatiDnal Unit `6 are as follows: Effectwe July 1, 1,9.88 Police Sergeant (Investigator) 16,.6.:6 17.50 18.37 Police Sergeant 16.66 17.50 18.37 Police Officer {Investi.gator) 12.73 13.35 14.02 14.74 15.47 Police Officer 12.73 13.35 14,.0.2 14.74 15.47 `Youth Service Officer 12.73 13'.35 14.02 14.74 15.47 Animal Control Supervisor 9.23 9.70; 10.19 10.70 11.22 Animal Control. Officer 8.97 9.42 9.89 .10.37 11.01 Parking Enforcement Officer 8.97 9.42 9.89. 10.3.7 11.01 Community Service Officer 8.97 9.42 9.89 10.37 11.01 Property' Technician, 8.97 9.42 9.89 10.37 11.01 Po]~e Officer Trainee 11.01 Communications Dispatcher-Clerk 9.75 10.24 10.75. 1.1.28 11.87 E_ffecfve. January l,_ .19..89 Police Sergeant (Investigator), 17.50 18:.37 19.29. Police Sergeant 17.-5D 18.37 19.29 Police Offer (Investi_gator) 12,99 13.61 14,.30 15.04 15.77 Police Officer 12.99 13.61 14.30 15.04 ...15.77 Youth Service Officer 12.99 13.61. 14..30. 15.04 15.77 Animal Control Supervisor 9.69 10...19; 10.69 11.23 11.79 Animal Control Officer 8.97 9.42 9.89 10.37 11.01 Parking Enfi~rcement Officer 8.97 9.42 9.8.9 10.37 ll . Ql Community Service :Officer 8.97 9.42 9.89 10.37 11.0.1 Property Technician 8.97 9.,42' 9.89 10.37 11.01 Po]i~e ~ Offer Trainee: 11.01 Commuiv.cations Dispatcher-Cler-k 9.75 10....24. 10.75 11.28 11.87 SectiDn 5-. PERS -Paid Member Emplb ver's Contri.butiDn and C:onversDn A. The City- agrees ~ pay the fo]:hwing amount of the employee contribution to the PE'RS Retirement System to be contributed to the employees' account. Sworn Officers 6~ Non sworn 5$ Dispatcher-Clerks 4'~ 3 B . It. is understood, .that sworn employees who are, or will, retire with a service or disability retirement, shall be :allowed to make a one-time, irrevocable, conversion of the City's contribution, being made on their behalf; to base salary. - Employees who 'wish ~ exercise this one-time, irrevocable conversion, must meet the foll6win.g requirements. 1. S-ERVIC'E RETIREMENT: Minimum ;forty-nine 49 years of age, and will be retiring no lager than one (.1') year from date of conversion . 2. DISABILITY RETIREMENT. (Industrial: or Non-Industrial) Eligible for" disability retirement with ,conversion to take place one day ,prior to the actual date of retirement, or the date upon which an employee is determined to be permanent. and stationary and/or application for disability retirement is made,. whichever occurs. first. .Employees who.;, under B above, have converted the City .payment- of the employees' contribution to PERS 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 limited to benefit contributions:, overtime, holiday pay, and City contributions to PERS. The, costs owed ~ the City will be from.. the time of conversion to the actual date of retirement. Sectson 6. Overtime The City shall compensate each employee governed by this memorandum at the rate of time an'd one-half for approved overtime. (Off duty training time conducted "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 ca]led back to work, excluding court time call back, after having completed -the employee's regular shift, and having left the City gremises, shall receive a minimum of two (2) hours of; work or two (2.) hours of pay, at the overtime rate:. Section 8. Compensatr~ry Time. Off The PPOA agrees to indemnify sand hold the City harmless 'for any potential penalties or costs incurred. .for failing to comply with. the FLSA with respect to the contimied accreal and, use of compensatory tune off pursuant to this M 0'U . Sworn and non .sworn employees may receeve,. in lieu of being paid for overtime, compensatory time off. at; a mutually agreeab]~ time between. the City and the employee. Such compensatory timer off -may 'be accrued up t-A a maximum of 240 hours at any one time. Any tune beyond the 240 hours shall be paid at the overtime rate of one and one-half tune. (1-1J2) . 4 Compensatory time shall not accrue: when an employee is assigned to work for any other employee who is taking compensatory 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. tp appear in court on his/her own time shall be required t-A check with the designated pol:i~e department representative the evening ':before the officer' is ,scheduled to appear ~ determine whether' the. court appearance has been cancelled . If an officer's court :ap:pearance is cancelled less than 12 hours before the scheduled appearance,, and. prior to leaving his/her ;residence, the officer shall be compensated a minimum of two (2) hours at -time and one-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 ariy court time minimum if the court appearance was cancelled the night ;before . C An employee receiving full: salary while. not. working, pursuant to Labor Code Section 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 profes"sional activities exceed eight (8) or ten (10;) :hours in one day (whichever is the applicable workday or 40 hours in one week) the employee shall 'be compensated for such additional time at the applicable overtime rate.. Section 10. Po]ce Officer `Working in a Higher Classification When. a Police Officer is assigned. to perform the dutos of a Sergeant for a period of four (;4) hours or more by the Chief of Police. or a Lieuf~nant or the Watch Sergeant of the preceding shift: when .the Chief :or .Lieutenant is not on duty, he shall be paid at Step I o- f the Sergeant salary classification. If the Watch Sergeant of the preceding shift, the Chief, or Lieutenant is unavailable d'ue try unforeseen circumstances and it is neces"sary for an officer ~ perfor-m the functigns of a Sergeant, the Chief or Lieutenant may grant subsequent approval. during his next normal work. shift. Any overtime performed by :a Police Officer while. he or she is entifled pay at the Sergeant rate,,. ,shall be compensated at one and one=half (1-1/2') times the applicable 'Sergeant rate of pay. 5 Sect~n 11. Eield Training. Officer Police Officers who are designated Field Training Officers shall receive 5~ above their .base salary for. any hours spent performing assigned training . Section 12. Communications Dispatcher-Clerk Training Any Communications .Dispatcher-C]ark who is assigned to train, a newly hired Commu-ncations Dispatcher-Clerk. shall be paid 5~ above his/her base salary rate, on ;all hours spent performing assigned. training . Section 13. Po]i~e Education 'Incentive Pay Program. A. This Program encourages employees in specific classifications to acquire and to maintain educational achievement. B . Educational incentive pay is provided for qualified employees in the classification .and fnr the amount as specified below I:. Police Officer, Rol.ice Officer (Investigator) or Youth Service 0 fficer Educational Achievement Incentive Pay Amount Inter-mediate. P . O . S . T . Cert. $7~5/mo. per emp].c~yee Advanced P.0>.S,T. Cert. $T00/mo. 'per employee 2. Police Sergeant. or Police Sergeant (Investigator). Advanced P, 0. S. T: Cert. $100/mo. per employee or Supervisory Cert. $1'25/mo. per employee 3. An emplpyee w:ho reaches, for the ;first ,tine, salary Step III of his/her, claSsi:ficaiaon, and who has. an Intermediat-~e 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 . Sectifln 14. Ser-geant. Promotiflns Upon ;promotion to 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 Allowance Program: All employees. shall comply with the uniform/clothing requirements and procedures as established and administered by the Police Chief. 6 The Uniforms/Clothing A]lowanee Program .shall be paid for. the term of this Memorandum °wth full annual amount to be paid in `Decem'ber of each year,, using the employee's salary rate as effective on July 1 of that year. A. The amount of :1-1/2~ of the annual salary of the top step Police Officer per year for_ the classifications of Police Officer, Police Officer (Investigator)' , Youth Service OfS.cer, Police .Sergeant and Police Sergeant (Tnvestigatnr) . B. The amount of 1-1/4~ of the annual salary 'of the. top step Animal Control Supervisor per year for 'the classifications of Parking Enforcement Officer., Animal Control Supervisor,.- Animal Control Officer, Community Service Officer and Property 'Techniri.an. Employees hired on or after July 1, and prior 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 prior to June 30, of the fiscal year, shall- be paid the full annual, payment amount on or before July of the following' 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 portion of the allowance deter--mined by the last day in City service. and the end of the fiscal. year. Any employee on 'lease of absence without pay, 'Workers Compensation., or leave status in excess of thirty (30) accumulative calendar days during the term of this MOU shall receive a prorate amount for the. fiscal year. Any, employee receiving full salary while not working in excess of thirty (30) accumulative calendar d'ay pursuant to Labor Code 4850 shall. receive a prorate amount for the fiscal year. Section 16. Holiday 'Pay-,, 'For those employees of Unit 6 who are. required, to be..available for regular ;duty on holidays rather than receiving time offs. the City of Petaluma shall grant a total 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, Yie or she will be entitlod, to a prorate share of the eighty-eight ('88) hours payment, based upon the portion of the year the employee worked. Secttifln 17. 'Sick Leave, Retirement In the event of retirement, an employee who .has completed ten (i0) years or more with the City shall receive fifty percent (50~) of his accumulated but unused sick leave, not. to exceed 480 hours. 7 Seci~on 18. Investigation Stand°by As compensation for the :inconvenience of having to ".standby", the City w71 compensate the InvestigatAr on standby at the rate of $90.00. per seven (7) day ,workweek of actual standby. Additionally., for .each holiday for which the investigator .is reguired tp standby,. the City will pay the Investigator an additional $40.00. INSURANCE Secidnn 19. Health Insurance The .City shall. pay, during the term of this Memorandum of Understanding the folloiaing insurance premium amounts towards the medical-hospital insurance coverage programs provided by the City of Petaluma. Effeet~.ve July 1,, 19.8.8: Employee Employee + 1 dependent Employee + 2 dependents Health Plan of Sonoma Kaiser The. Redwoods County $ 89.22 $10;2.5'0 $101..25 178.-80 205.:00 180.00 241.47 26.1.:5'0 236.25 Section 20. Dental Insurance The City shall, pay., during the term of this .Memorandum of ,Understanding, $42..'00 per emphyee per month. toward the Delta, dental .insurance cover-age program. The City agrees to: pay 100 of the, premium increases for fiscal year 1988-89. Sect~n 21. Life Insurance- The City shall ,provide,. at no. cost to the employee, group term life' insurance coverage in the .principal amount of $55',000 per employee. Section 22. Long Term Disability Insurance Th'e City shall pay during the period of this memorandum the monthly premium for the POR=AC Long .Term Disability Plan; for all. Police Officers .and Sergeants; provided., however, that the fatal amount.. paid by the City in connection with LTp shall not exceed $33.10 per month for any employee. 8 During the: term of taus Memorandum $20.80 per month toward Long Term personnel in Unit 6. Section 23. Vision Insurance of Understanding, the City will pay Disability coverage for non-sworn The City shall. pay for `a Vision Insurance Plan ("employee only) for the members of this Unit for the term of the 'MOU in the .amount of $5.90 per month. . LEAVES Section 24. VacatiDn A]l regular employees of the City of Petaluma, after wor-king one full year, are entitled to the equivalent of eighty (80) hours of 'vacation with pay in the year following the year in which the vacation is earned.. All. regular employees bf the City of Petaluma,, after ~° five { 5") years of continuous employment with the .City, and beginning with the sixth years shall be entitled to th'e equivalent of one hundred' twenty (120) hours of vacation per year. After ten (10) years of continuous. service-, eight. (8;) additional hours of vacation shall be added for each additional year of: continuous service to a maximum of 160 hours of vacation.. Vacation accumulated in excess. of two years will be lost: .Section 25. Sick Leave A . General... Sick .leave with pay shall be granted to all probationary and regular employees within the competitive service,. Sick .leave, shall not be consiLlered a right which an employee may use at his discretion, but shall be a7lDwed only in the case of ~ necessi-y or actual personal sickness or disability. _ ;B.. Accrual. It is understood. that the sick leave provisions , of the Memorandum of Understanding for this unit provides for accrual at the rage of eight ($) hours per employee per month. No employee 5ha11 accumulate more sick leave in any year than provided. C . Notification. Procedures. In order to receive compensation while absent- on sickleave, the empl.cyee 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 spec~.fied by the head of his department. When :absence is for more than three (3) days duration, the employee may be~ required. to file a physician's certi.£i~ate with the Personnel Officer .stating the cause of the absence. 9 D . Family :Sick -Leave. :Leaves of absence up to four working days with pay per fiscal year may be granted to employees in `the event. of. serious illness or injury in the employee's immediate family and wilt 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 only when in his! opinion , the relationship of the sick or disabled person to the employee warrants such use of sick leave. E. RelatiDnsh.p to Worker.'s 'Compensation. When the employee's absence from work has been occasioned by injury suffered during his employment and he receives workmen's compensation, he shall also be entitled to receive from the City the difference between such workmen'-s compensation 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 shalll 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 sick leave. benefits;. Sick leave under workmen'- compensation is a supplement to the. workmen's compensation benefits to provide the employee compensatom at his regular rates. All. employees receiving full salaries in lieu of temporary disability payments pursuant to Section 4850 Labor .Code are entitled to accumu]ate sick leave during such periods of disability. F . Sick Leave .Transfer:. Any bargaining unit employee may transfer- some of his/her accrued sick leave to 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 for forwarding to the. Personnel Office, setting forth, the name: of the ;receiving employee and the number of hours being transferred. All such transfers are irrevocable. In order ~ be eligible t~ 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 to employees in the 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-i.n-law ,. ,brother-on-law , sister--in-law, or .other individual whose relationship try 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 t-A military .leave shall give the appointing power an opportunity within. the limits of military regulations to determine when such leave shall be taken .. 10 J' Section 28. Leave of Ab ence 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 fn return to duty, the employee shall be reinstated in the ,position. held at the. time leave was granted . Failure on the part of an employee on leave to report promptly at its expiration, or within a reasonable time after notice to return to duty shall. be cause for discharge. Section 29. Jury Leave Every classified emphyee of the City who is called or .required to 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 ~.ircumstances, the employee shall be paid the difference between his full. salary and any payment received by him, except travel pay, for such duty.. Sectis~n 30. Holidays A. Fixed Holidays. The City shall observe eleven (ll) paid fixed-date holidays.. These holidays shall be established' for the City's fiscal year as determined by City Council Resolution... B. Holiday, Floating. The City will provide one (1) "Floating Holiday" of eight (8) hours per employee, per .fiscal..year -for employees assigned to 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 (1J "Floatin'g Holiday" of ten (10) ten hours per employee per fiscal ,year for employees assigned to work ten (10 ) hours per day, which may be taken by the employee at a tune mutually agreed upon by the employee and the Police Chief consistent 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 "Floating Holiday" is taken. Employees hired between July 1 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 try provide the 2 0 @ 50 program and all other options currently in effect for .sworn officer-s. B . T.he City agrees to maintain its current Public Employee Retirement System to 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 emp]oyer-employee relations' by establishing grievance procedures on matters for which appeal or hearing is not: provided by other regulatir~ns. b. To afford 'employees individually or through qualified employee organ_izatiDns a systematic means of obtauzi:ng further consideratigns of problems after every .reasonable effort has fai3ed to resolve them through discussions. c. To provide that.. grievances shall be settled as near as possib]e to the point of origin . d. To provide that appeals shall be conducted as informally as possible . 2. Matters subject; trv~ Grievance Procedure: Any employee in the competitive service ,shall 'have the right to appeal under this rule,. .a dectision affecting his emplDyment over which his appointing power has partial or complete ,jurisdiction. 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. tYie right to discuss it with his. supervisor's immediate superior, if any, in the administrative: servioe.~ .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. dec_~n reached by .discussion, he shall then have the right ib file a formal appeal in writing within ten (10) calendar days after receiving the informal decision of -his immediate superior:. An informal appeal- shall not be taken above the appointing power. 12 J! 4. Formal Grievance Procedure.: (.Levels of: Review through Chain of Command a. First Level. of Review. The .appeal shall be presented. in writing to the empleyee's immediate supervisor, who shall render his decision and :comments in writing and'. 'return them to the employee within five (,5) .calendar days after receiving the appeal. If the employee does not agree with his supervisor's decision, 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 superis~r. Failure of the. employee to take further action within five (S) calendar days after :receipt of the written decision of his. supervisor, or within. a total of fifteen (15) calendar days if no decision is rendered; will 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 to the emplr~yee within five (5) calendar- days after receiving the appeal. If the employee does not agree with the decision, or if no answer .has been" received within five (5) calendar. days, he may present the appeal., in writing to the department head. Failure of the empls~yee tb take further actiDn within five (5) calendar days after receipt of the .decision or within ~ a total of fifteen (15 ) calendar days if; no decision is rendered, wi71 constitute a dropping of the appeal. c. Departitent 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 decision and comments in wrii~ng;; and return them to the employee within :five (:5) calendar days after receiving the appeal. If the employee does not agree witY- 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 Man"alter. Failure of the employee ~ take further act~ri within five (5J calendar days after receipt of the decasDn or .within a total 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 employee; his representative; if' any, 'ahd with other appropriate persons. The City Manager may designate " a factfinding committee; officer riot in the normal line of supervision, or Personnel Board. to advise him concerning the appeal., The City Manager shall render a decision in writing to the employee within twenty (20') calendar days after receiving the appeal. 13 R. 5. Conduct of :Grievance Procedure.: a . The time limits. specked' above may be extonded, ,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. cYoosing 'in preparing and presenting his appeal at any level of review. c . T Yie emp]Dyee :and his representative may be privileged to use a reasonable amount of worktime as determined by the appropriate departrnent :head in conferring about and ,presenting the appeal. d. Employees. sha11 be assured freedom, from. reprisal for using the grievance proc-educes:. ACCEPTANCE The parties affix. their signatures as constituting mutual acceptance and recommendation of this° Memorandum of Understanding to become effective upon the day fo].lnwing its °adoptinn by the City Council of the. City of Petaluma. PErAdE OE~'ICERSr'~~ ASSOCIA,TIO,N Q'F PETALUMA CITY OF P~TALUMA ~~~~" Z 7 ~~ ~P~ 14