HomeMy WebLinkAboutResolution 9208 N.C.S. 06/26/1981_ t a" w p , . . JLS:da 6~-22 8;1~--.--~ -~:
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RE'SOLU.TI~QN. RATIFYING MEMORANDUM OE :UN'DERSTAND:ING E>XECUTED BY THE -
. DU_LY-AUTHO~RIZED REP,RESENTAT'IVES-'.OF'`THE~ CITY OF PETALUMA AND THE
' CITY. OF PETALUMA EMPLOYEES' ASSQG;IATI;ON :FOR EMPLOYEES IN UNIT 2
(MAINTENANCE).
- WHEREAS, th`e ~C~ity;; thro,ugh it's ~duly authorized representa.tives,
a-nd tlie City of Petaluma Emp,lo,yees:'A"s~sociation, through its duly
authorized°, representatiVes,; have concl.ud'ed: their mutual obligat'ion
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to ~nieet.~ and c,onfer'~..in good• faith, wi,th respec;t :to` terms -•and conditions
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~ o~f employmen't for ~ employees in ' Unit ~ 2, i~n acco.rdance with the
:I~leyer.s-'Ml'lia~s Brown. Act arid the :City's. -Emp1'byer=Employee Relations .
~ RuTes and Regulations '('Res'olution Number . 55_l2 ~N . C'. S„ ); and,
WHEREAS , the; du,ly autho:r,ized 'repr.esentatives of the City and
' ~th'e City of Petaluma -Employ:ees A;ssoc;iation> h°aVe executed a
~ t~Ieirioraridum of Understandi~ng (dated: J,une '19, ~;1981) pur.suant to
.: Section 15_, Resol.utiori,Number 55'.12 ~N.G.S'. and;recommend its approval
. , ~ . by` the City 'C'ouncil,; and, ~ ~
~ ~ ~. WH~E°REAS, the' C-i.ty M'anag,er., p-ursuant to Section 28, City of
~' Petaluma ~Cit~ Charter- '
y ,-,and' as tYie C.ity! s Municipal. Employees'
~ Relations 'Offi:cer .(Reso;lution Number 537'S N:G.S. ) is required and _
empowered to make a recommendation t'o~the City Council on matters
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related to employees' compen~sation; and, ~ t
- ~~ WHE~2EAS,, the Ci:ty Manager °ha~s reviewed and concurs with '
. ' sa~id Memorandum of ~U~nderstanding for .Urii:ts 2 arid doe's recommend.
_ ~ that the City Council•rati-f•y said Memorandum of Understanding.
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; NOW, THEREFO.RE',,, BE, I'T RESOLVED• that said :Memorandum o,f
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Unders;t~and~i~ng being in the best in:terest of the City, is ratified
~ and the terms and cond_ition's of said Memorandum.o~f Understariding,.
, (:as at'tached) sha11 be :effective Jul:y l, 19'.81 through June 3':~, 1982..
~ Under the power•=and' authoriry, conferied upon~ tfiis; Codnc~ by .the: Ghaitez:. o€ said City.
- ~ ' '. I hereby .eertify ther foiegoing Resolption was introduced' :and, adopted' by the
` ' Approyed as to
.. ~ Council of the City of Petaluma at a(~'~11~,~,~(D(e~,p1~~~ (Specialp) meering form
on the --~--,..Z.~.~~._.: day of •••--..,; ..,.~.~ne ........ ,--,-: , 19_..~?~ by the ..
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following;~uote: ~ • '
• .. . ..__....•••---•• ...................•--••--•••-
. City Attorney .
AYES: ~°err1~.. Harb_er-son; Bone1, B~tta~l ira, C_avana~h, e~a~Y'or Mc~ttei
-~ rroES: ~\one ~
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- ATTEST: -•- - _• . : -; _ _.._ -, -~ ._ _ i, _ .... . ~~~~ _:. ..-- -
-~ - ~----- • •----- ........ ........ ....__....._.....
Ci Clerk : 1vlayo; . ~
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.. ~ . . ~ . .. . .. . . :. .' e COUNCIL FILF ~. . _- . - . . ~ ~ -
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F..ORM CA 2r::1/SO . ; ' Res. No. ~~Z•}.~ - . " -
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MEMORANDUM OF UNDERSTANDING
Between
'THE CITY OF PETALUMA
And
CITY OF PETALUMA EMPLOYEES ASSOCIATION
This 3ocument repsesents the £inal and complete 9greement resulting from the
1981-82 Meet and Gonfer sessions with the Gity of Pe'taluma Employees Ass'ociation,
Unit 2.
.
Repr'esentativ.es.of .the City and Unit 2 acknowledge that t~hey'have fulfilled
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 understanding
which the represex~tat•ives of the Gity and Uri~it 2;, wlio have' fhe approval of
their members, agree to recommend for acceptance and approval to the City ~
Council of fhe City of Petaluma.
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The parties affix their signafures as consti,tuting mutual acceptance and
recommenda'tion of this Memorandum of Understanding to become effective July 1,
1981, upon acceptance and approval of the City Council.
C.ITY OF PETALUMA EMP:LOYEES ASSOC_IATION
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Reso ,~9208 Exh i b:i t Page~ l,o~f' 32
TABLE OF CONTENTS
ARTICLE
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
PREAMBLE ,
RECOGNITION
DEFINITIONS
ASSOCIATION SECUR'ITY
DUES CHECK OFF
ASSOGI9TION RIGHTS
GENERAL PROVISIONS
GRIEVANCE PROCEDURE
DISCIPLINE
MEAL & REST PERIODS
CLASSIFICATIONS AND WAGES
OVERTIME
CALL BACK PAY
STAND BY PAY
RATES OF PAY ON TRANSFER
SENIORITY
PROBATIONARY EMPLOYEES
LAYOFF AND REC9LL PROCEDURES
PROMOTIONS
SICK LEAVE
INDUSTRIAL INJURY LEAVE
HOLIDAYS
VACATIONS
ALLOWABLE COMPENSATION WHILE ON DUTY AS A JUROR
ANNUAL MILITARX DUTY
OTHER LEAVES OF ABSENCE
RETIREMENT PLAN
TERMINATION PAY
HEALTH AND LIFE INSURANCE
S AFETY
EMPLOYEE JOB TRAINING
SEVER'ABILITY GLAUSE
CONCLUSION
APPENDIX A: Hourly Rate Wage Schedule
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° Reso, 9208 Exhib~it Pqge 2 of 32
PREAMBLE
This AGREEMENT entered into by the CITY OF PETALUMA, hereinafter referred to as
the City, and THE CITY OF PETALUMA EMPLOYEES ASSOCIATION, hereinafter referred
to as the Association.
The parties hereto desire to conf irm and maintain the spirit of cooperation
which has existed between the City and its employees. The Association and the
City will strive to promote a harmonious relationship between a11 parties to
this agreement that will result in benefits to fhe City's operations and its
empl;oyees, and provide continuous and uninterrupted services.
Both parties 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.
The use of the masculine or feminine gender in this Agreement sha11 be construed
as including both genders and'not as sex limitations.
Reso, 9208 Exhibit Pa9e 3 of 32
ARTICLE 1
RECO.GNITION
DESCRIPTION OF UNIT.
l. For the purpose of ineeting and conferring,with r.espect to wages, hours,
and condifions of employement, the City to' the extent` permit'ted by law,
recogni,zes the„Association~as the represenfat'ive for a11 employees who are
employed in and assigned to the job classifica.tions~which in the aggregate
constitute the Gity~s wo'rk Unit Number Two (2) (Maintenance).
ARTICLE 2
DEFINITIONS
1. The terms "employee" and "einployees" as used in th.is agr-eement, (except
~~whe're the agr~e'emerit clearly.' indicates otherwise)' sha1.1 mean only an
employee or employees within the unit described.in DESCRIPTION OF UNIT.
2. The term "temporary" shall mean any individual or individuals whose
employment is limited in_duration.
3. The term "full-time employee" sha1,1 mean an :employee whose normal schedule
of work is for,ty (40). hours per calendar week.
4. The term "part-time~employee".shall mean an employee whose normal schedule
of work is 1ess~than twenty (20) hour's per, ca`1end;ar week.
5. "Calendar day" means the twenty-four (24) conaecutive hour period beginning
at midnight, and ending at midnight the folTowing day.
6. "Calendar work week" means any consecutive 168-hour period.
7. !'Normal work week" means any five (5)'consecutive calendar days within a
calendar work week.
8.. "Seniority" means uninter:rupfed employment with the Cify beginning with
the last date hired by the City and shall iriclude per-iods of City employment
outside the-Uriit, but sha11 exc:lude periods of layoff and leaves of
abserice, 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 exceed'ing f-ive (5) working days sliall not
be.counted towards completion of the probatsonary period.
'" Res':o,, 9208 Exh i~~b i t Page 4 of 32
ARTICLE 3
ASSOCIATION SECURITY
1. It is the intent of this Article to provide for the regular dues of
~Association members to be deducted from their warrants insofar as permitted
by 1aw. The City agrees to deduct and transmit to the Association, dues
'from a11 Association members within the forego,ing 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
to the employee or to. the Association, for any.failure to make or for any
errors made in making such deductions.
2. The written author-ization for Association dues deduction sha11 remain in
fu11 force and effect, during the life of the current. agreement between
'the City and the Assoeiation unless cancelled in writing.
3. Upon writteri reques,t of the 9ssociation tfie City shall change the amount
of dues deducted from Association members' warrants.
4. The Associafion agrees to indemnify, defend and hold the City harmless
against any claims made of,any nature whatsoever, and against any suit
instituted against the City arising from its check-off of Association
dues.
ARTICLE 4
DUES CHECKOFF
1. During the life of this Agreement, and to the extent the laws of the State
of Califormia permit, and as provided in this Article, the City will
deduct one month's current and periodic Association dues based upon a
uniform dues scheduTe ~from the pay of each employee who voluntarily
executes and delivers to the City the following authorization form:
VOLUNTARY AUTHORIZATION FOR DEDUCTION
OF ASSOCIATION DUES FOR THE
CITY OF PETALUMA EMPLOYEES ASSOCIATION
Name Social S'ecurity No.
(type or print)
Division and Department:
2. I authorize the City
dues as certified to
and to remit the same
as may be agr,eed upon
to deduct from wages earned by me monthly Association
the City by the Secretary-Treasurer of the Association,
to the Association at such time and in such manner
between the City and the Association.
Reso, 9208 Exhibit Pqge 5 of 32
3.
This authorization aud d~i.recfion, sha11 r;emain in effect from -
to ~ ~" ~ and sha11 be for that
period of time; prouided, however, that it ~shall not extend bey"ond the
term of this agreement, This authorizaf'ion,and d'irection sha11 be auto-
matically revoked upon my termination of emp_loyment with the City.
Signature of Employee.
! Address of' Employee
;
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Date of 'Sigriing
Date of'Deliu.ery to the City ~
4. The following certif'ication form sha11 be used by the As,sociafion when
eertifying membership dues;:
CERTIE.ZG9TION OF SECRETARY-TREASUR'ER '
OF THE ASSOCIATION
5.
I certify that the.me.inbersh-ip dues for employees in the unit is $
per
i .
Date ~ Signature
i (Secretary-Treasurer of the Association)
Date of Delivery to the Cit~y
6. Payroll deductions sha11 be:made in equal amounts from each regular pay
check provided,~however, the initial deduction~for employees sha11 not
hegin unless:
1. A properly executed "Voluntary AuLhorizaf'ion for Deduction of Associa-
fiion Dues" is on f'ile with the City, and,,
2. The amount of the monthly membership'dues cer'tified by the Secretary-
Treasurer of the Association'has been d_elivered to the City at a
' place designated by the City at leas.t ten {.10) calendar days prior to
, the 1asL d'ay :of the pay period. ~
Reso, 9208 Exhibit Page 6 of 32
7.. Ghanges in the amount of the monthly membership,dues must be delivered to
the C~ity at a place des;ignated_ by the C'ity a,t le~ast thirty (30) .calendar
days prior to ,the last pay day of the calendar month prior to the~change
becoming effect~ive. .
8. An employee may revoke liis "Voluntary Authorization for Deduction of
Association Dues", only as provided by the terms of his V'oluntary Authori-
zation.
9. Al1 sums deducted by the Cify shall be remitted.to the Secretary-Treasurer
of the AssociatYon,at,an address given to the City by the Association, by
the tenth (lOth) calendar.day following the ;pay period when the deductions
were made, together with a list of names and the amount deducted for each
employee for whom a ded'uction raas mad'e. The City :wilT also notify the
Association of the name of ~each employee who .re~okes his "Voluntary
Authorization for Deduction of Association Dues".
ARTICLE.S
ASSOCIATION RIGHTS
ASSOCIAT:ION STEWARDS-AND.ASSOCIATION REPRESENTATIUES
l.. The City recognizes and ag-rees to deal with fhe aecredited Association.
Steward's and Representatives of the Association in all matters relating to
grievances and the interpretation of th'is Agreement.
2. A written list of the Off,ic;ers of the Association and the Association
Stewards with th'e specif ie areas :they represent, shall be furnished to the
Gity. Notice of any changes of such Association Off-ices or Stewards shall
be promptly forwarded to the City in writing.
3. The number of ~Association S.tewards shall no:t exceed three. Any change in
the number of Stewa•rds shall be made by written,consent of both parties.
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4. Upon the request of the aggrieved employee, a Steward or Associafion
Officer may investiga.'te the s,pecified g'rievance,,,provided it is in his
assigned work area, ~and as's'ist in its presentation. A reasonable amount
of paid time sha11 be affoxded the Steward o,r 'Association°Of,ficer 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 to prior notification
of his immediate Supervisor and with the.coneurrence of the City Manager.
~ Reso, 920.$ Exhinb,it Page 7 of 32
5. Upon request to the Gity-Manager, a representative of the Petaluma Employees
Association who will be representing the employee in fhe grievance procedure,
may visit work areas at a time mutually agreeable to both parties for the
purpose of preparing the case. Such visitation rights 'shall be limited to
a reasonable ~amount of time and sha11 not interfere with normal work
operations.
6. During such visit the representatives may inspect any area relevant to the
grievance with the Associa;tion Steward or his designated representative.
BULLETIN BOARDS
7. The City shall provide the Association with space on bulletin boards in
areas where the Association has employees i.t represents for the purpose of
posting Associatiori notices. Such notices may be posted by the Steward,
although not 1imi.ted to the following notices, they may include:
1. Recreational and social event of the Association.
2. Association meetings.
3. Association elec:tions, appointments.
4. Results of Association e.lections.
8. In the event a dispute arises concerning the appropriateness and/or amount
of material posted, the Steward of the Association wi11 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.
ARTICLE 6
GENERAL PROVISIONS
NON-DISCRIMINATION
1. The City wi11 not interfere with or discriminate in any way against any
employee by reason of his memb.ership in, or activity required by this
Agreement, nor wil.l the City discourage membership in the Association or
encourage membership in any other Association.
2. The Association, in turn, recognizes its respo,nsibility as employee
representative and agrees to represent all employees without discrimina-
tion, interference, restraints, or coercion, The terms of this Agreement
sha11 be applied equally to al1 employees, without discrimination as to
age, sex; marital status; religion, race_, eolq,r, creed, national origin,
or political affiliation. The Association sha11 share equally with the
City the responsibility for applying this provision of the Agreement.
Reso, 9208 Exhibit Fage 8 of 32
NO-INTERFERENCE AND NO-LOGKOU,T GU9RANTEE
3. The Associat~ion and its o~ff icials wi11 not, directly or _indirectly, take
part in any action agains:t or. any interference ,with the operations of the
City during the term of this Agreement.
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4. The .City sha11 not conduc:t a`lockout of its employees during the term of
this Agreement.
SPECIAL CONFERENCES
5. At the request of either the Association or the C-ity, conferences shall be
held for the purpose of considering matters of mutual interest, other than
grievanc'es under consideration in the grievance proc:edure, provided that
mutually aeceptable arrangements as to time and place can be made. A11
such conferences sha11 b.e arranged through the Steward of the Association,
or his designated representative, and a designated representative of the
Gity 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 conf erence. Conferences may be
attended by representatives of Petaluma Employees Association. Benef it
plan review and proper classification assignment will be appropriate
subjects for conferences.
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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 Agr.eement.
ARTICLE 7
GRIEVANCE PROCEDURE.
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PURPOSE
1. The grievance procedure sha11 be used to process and resolve grievances
arising out of the interpretation, applicatiori or enforcement of the
express terms of this agreement. It is the purpose of this procedure to
resolve grievances at the lowest possible-1eve1 and to provide for an
orderly procedure for reviewing and resolying grievances promptly.
2. An at'temp~t sha11 be made to ascertain a11 facts and adjust a11 grievances
on an informal basis b'etween the employee and, if he desires, his designated
representative and a supervisor in the emgloyee's chain of command up to
and including his division head. Presentation of this grievance sha11 be
made within ten (10) working days of the incident caus"ing the grievance.
Reso, 9208 Exhi:bit Pqge 9 of 32
3. If the gr.ievance is not adjusted to the~satisfaction of the emgloyee
invo.lved within five (5.) working days after, the presentation of the grievance,
"the grievance,~sha11 be submitted in writing.by the employee and/or his
designated r,ep,resentative to the Department Head with a eopy thereof to
the Personnel Officer within the next ten (10) working days. In every
case the grievance must be signed by the employee. The Department Head .
sha11 meet with the employee and/or his designated representative within
five (5) working days of fhe receipt of the written grievance and sha11
deliver his answer to the employee within five (5) working days after the
meeting in writing.
4. If the gr.ievance is not adjusted then, the Personnel.Of.ficer sha11 meet
with the employee and/or his designated representative within five (S)
working days of the receipt of the written grievance and shall deliver his
answer to the employee within f ive (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
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 Off icer's response is given to the grievance.
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6. The Personnel Board's decision shall be submit.ted to the City Manager for
determination. The Board sha11 not have the power to add to, delete, or
alter any provision of this agreement, but sha11 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 Associat•ion representative.
present to assist him in the presentation of his grievance. The Associa-
tion may designate the Shop Steward and sha11 notify the Department Head
and the City Manager of the appointment. Should an employee elect to pre-
sent a grievance in p.erson and without participation of any Association
Officer or Shop St~eward, this is expressly allowed. No grievance appeal
sha11 be considered at any 1eve1 unless filed in the appeal periods provided
in this article.
ARTICLE 8
DISCIPLINE
1. The.Gity 'should not discharge or take otlier disciplinary action without
j'ust cause. If the City has reason to reprimand an employee, it should be
done in a manner that wi11 not embarrass the employee.
Reso, 920~ Exh,ibit Page 10 of 32.
REIMBURSEMENT FOR LOSS OF BENEFITS
2. In the event.an emp'Zoyee is,,disciplined or d'ischarged and an appeal is
made as provid`ed in the grievance procedures:, and such ap_peal results in
a decision favorable to the employee, he shall be reimbursed for loss of
pay or fringe benefits, as recommended by tfi e Personnel Board.
ARTICLE 9
MEAL AND REST PERIODS
1. A11 employees sha11 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 sha11 be
without pay. However, if an employee is required to work more than five
(5) consecutive hours wi.thout a meal period dur,ing a regular work shift,
the employee sha11 be paid at the rate of time and one-half (1-1/2) for
al1 time worked in excess of five (5) hours until such time as the employee
receives a meal period.
2. The City shall pay $5.00 to an employee who is requested and who does work
fwo (2) ;hours beyond the employee's normal quitting time and has been
prevented from eating a meal after such quitting time.
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3. There sha11 be granted a rest period at a time, place and manner'that does
riot interfere with the eff'icient operation of the Department. Such rest
period sha11 be with pay and.shall not exceed fifteen (15) minutes for
each four (4) hours of woxk. 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 arriyal to work or early
departure, to extend the meal period, nor may :it be regarded as cumulative
if not taken.
ARTICLE 10
GLASSIFICATION AND WAGES
WAGE SCHEDULE
1. Wages shall be paid in accordance with the wage schedule set forth in this
agreement in Appendix A.
2. ' The pay .grade ~assigned to each exis~.ting c'lassification and the pay grade
ass`igned.to each new or changed classification sha11 remain in effeet
during the 'ferm of this agreement unless the job content of a classifi-
eation'is sub:stantially changed.
Reso, 9208 Exhibit Page 11 of 32
NEW OR CHANGED CLASSIFICATIONS:
3. In the event a new classifica.tion is established, the,City sha11 assign it
to an existing pay ;grade based upon the work to be performed and after
comparison with other classifications.
4. The City sha11 provide the Association with a written classification
,description of the new or changed classification which shall describe the
content suff iciently to identify the classif ication.
5. Upon receipt of the City's description, the.Chief Steward of the Associa-
tion, or his designated representative, shall be afforded an opportunity
.to discuss the new~or changed classification an'd ass:ignment to the pay
grade with the City Manager or his represent'ative. 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.
ARTICLE 11
OVERTIME
OVERTIME.PREMIUM
1. A11 hours worked in excess of eight (8) in any one day or in excess of
forty (40) in any work week sha11 be paid for at the overtime rate which
sha11 be one and one-half (1-1/2) times the basic straight time hourly
rate of pay. Overtime shall not be pyramided or compounded.
2. An employee may receive overtime in the form of compensable time off at a
mutually agreeable time between the City and the employee at a rate of one
and one-half (1-1/2) hours of compensable time for each hour of time
worked. ~
3. An employee may recei~e compensatory time off at a mutually agreeable time
between the City and the employee. Such compensatory time may be used for
personal bus•iness, illness of an employee's, immediate family or to attend
the funeral of a close friend or relative. Up to a maximum of three (3)
wo.rking days (24 hours) comp time may be accrued. Amounts earned in
excess of that wi11 be paid at the overtime rate.
REST PERIODS DURING OVERTIME WORK
4. ~ Whenever practical, employees who for any reason work beyond their regular
q:ui.tting time into the next shift wi11 be afforded a fifteen (15) minute
r,est period before starting work on the next .shiff. In addition, they
sha11 be granted.the regular rest period unless an emergency situation
occurs or exis.ts. "
Reso, 9208 Exhibit Page 12 of 32
SCHEDULING OVERTIME
5. In general,~overtime wor-k sha11 be voluntary, provided.,~ howeper, when at
least twenty-four (24),hours advance notice of•°an overtime assignment is
given or when it is not practical to give advance notice, an employee
wi11 be expected to work.
D ISTRI~BUTION
6. Overtime shall be distributed as equitable as poss3ble, without favoritism,
and in the b.es:t intere5~t's of the City, among the memb:ers of the department
who are qualified to perform and who have demonstrated the ability to
p~erf:orm overtime service`s efficiently.
ARTICLE 12
CALL BACK PAY
1. An employee who is called back to work after having completed his regular
shift and 1ef.t the Cify premises sha11 receive a minimum of two (2) hours
work or two (2) hours pay, at the overtime rate. To the extent an employee
is paid overt'ime premium,pursuant to the overtime schedule listed above,
he sliall no.f be paid overtime premium under the ca~1 back section for the
same time worked.
ARTICLE 13
STAND-BY PAY
WEEKEND STAND-BY
1. Weekend stand-by, for the purposes of this Agreemen't, sha11 mean time
which an employee must be available on a call basis,outside the employee's
normal work week in order,,,to be available to respond to emergency ca11s.
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2. A minimum compensation of $50.00 pay for eacfi weekend stand-by from 4:30
p.m., Friday, to 8:~.00 a.m•., Monday, plus an additional allowance of pay
for actual hours spent on a ca11 out while.on stand-by at the overtzme
rate of time and one-half shall be paid by fhe, Gity. A minimum of one
hour a~t•that rate for every ca11 or assignment shall be paid by the City.
HOLIDAY STAND-BY
3. For a City designated, fixed-date holiday that falls .in the five (5) day
work~week, a minimum of $20.00 pay wi11 be paid by the City to an employee
on such;holiday stand-b:y..
Reso, 9208 Exh.ibit Page I3 of 32
ARTICLE 14
RATES OF PAY ON TR9NSFER
1. When.an employee is promoted., he shal.l be paid the hourly rate next:higher
Ito 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 classifica-
tion in the same pay grad.e, his hourly ra.te shall remain the~same.
3. A permanent or probationary employee who is transferred to a class with a
;lower salary without a break in service will receive the same rate of pay
,he received prior to the transf er. Such salary shall not be increased
•until the time that a' higher salary of the c'lass~to which he was transferred
~equals or exceeds his salary. Such transfer~may be departmental or inter-
~departmental, and may tie:made by appointment from an employment list,
~tempqrary appointment, voluntary demotion, reclassif ication of position,
;or reorganization of departmerit, and shall be in'accord with the personnel
irules and regulations. Th'e provision of this rule does not appTy in cases
~of disciplinary demotion, or demotion in lieu of layoff.
ARTICLE 15
SENIORITY
STATEMENT OF PRINCIPLES OF SENIORITY
1. In the event of any reduction in the work force, the City will apply the
principle .of seniority,'merif and ability being equal, and the last
employee hired shall be fhe f'irst laid off. In rehiring, the last person
laid off shall be the f irst 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 who at the time of lay
off were performirig services essentially the same as required for the
yacancy, provided that the'period of lay off has not exceeded one (1)
year.
2. In shift assignments, the City will give consideration to the preference
of employees and to seniority; provided, however, that final responsibility
and authority in job assignments, the determination of qualif ications, and
the method of determining the qualifications for any job, shall remain
vested in the City. •
Reso, 9208 Exh~ibit Page 14 of 32
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 employee at his last known address on file with the
City Personnel Off ice
e. Absence from work for three (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 sha11 send written notice to the employee at his
last known address that he has lost his seniority, and his employment
has been terminated.
SENIORITY LIST
4. The City sha11 prepare and maintain a seniori.ty 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 Agree-
ment, and thereafter a current 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 lists shall 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 in writing within five (5) days after a list is given to the
Association.
ARTICLE 16
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
emplo.yee to a higher classification, the six.month probationary period in
the higher classification 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.
Reso, 9208 -Exhihit Pqge 15 of 32
2. No matter concerning the.discipline, lay off or termination of a probationary
employee shall be subject to the grievance procedure.
TEMPORARY APPOINTMENTS
3. 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 circumstances 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.
i
ARTICLE 17
LAYOFF 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
f irst.
b. Probationary employees in an affected classif ication shall be removed
next.
c. The employee with the least seniority in an affected classification
i or department shall be removed provided that the City Manager may do
otherwise in order to ina~intain a balanced department or work unit and
~ to maintain employees in the classification or department who have
the ability to perform the work available.
RECALL 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 lay off
or transfer has not exceeded one (1) year. ,
Reso. 9208 Exhibit Page 16 of 32
3.- When employees are r.etu'rned fio work after:layof:f, ;employees shall be
recalled in reuerse order in which the employees were laid off. The
employer shall send.by :regis;tered-mail to the employee''s last known
address not'if'ication that the employee is be~ing recalled. The~employee
shall return, to work wi.thin' seven (7) days of the> date of mailing. Failure
to return after notice stiall be grounds f'or discharge and total loss of
seniority. ~
ARTICLE 18
PROMOTIONS
SHIFT~.CHANGES WITHIN A WORK SECTION
i
l. The.Gity Manager may authorize a change for an employee from 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.
TRANSFERS
~
2. When an emplo,yee within his own classification and work section wishes to
ehange from one shift to ano.ther shift,~ he. shall file a request for transfer
identifying the shift lie is in and the one~he choo.ses to fransfer to and
file it with the Personnel Officer.
3. Request for transfer fr~om one department.or work~section to another depart-
ment or work,section.liaving a different jurisdiction or different function
sha1T be tiled with the Persqnnel Officer and shall be done only with the
consent of both depar"tment heads involved,_unless,such.a transfer is
irdered by the City Manager for purposes. of economy or efficiency.
4. Any person transferxed fo a different position shall possess the minimum
gualificati;ons for that position. .
PROMOTIONS
5. Except for those positions not requiring writ~,ten examinations, promotions
in~the City service shall be based on a competit-ive examination and records
of efficiency, charact`er, conduct or o;th'er generally accepted qualifications
deemed: necessary or reliable in obtaining a passing grade. The City will
give sigriificant consideration to the performance of the employees,
seniority, physical fitness, and ability to pe•rform the work. Lists sha11
be created and promotion made •therefrom.in the same manrier as prescribed
for original appointments.
6. WYienever-, practical,, vacancies shall be £illed by promotion. The rules
covering promotional examination shall be the same as those governing
original entrarice~examinations.
Reso, 92Q8 Exhibit Page 17 of 32
NOTICE OF EXAMINATIONS
7. Notice of examinations shal.l be printed and sha11 be posted qn the official
bulletin boards of the City and may be advertised by any other means
chosen by the Personnel Of'ficer. Public notice shall'be posted at least
f~ifteen (15) days prior to the final filing date, and shall contain the
following information.
a'. The title and rate of pay for the posi€ion to be filled;
b:. Some typical duties to be performed;
c. Minimum qualifications required;
d. The method of secur.ing application forms and the final filing date on
which applications will b-e accepted;
e. The relative weights.assigned to the various parts of the examination;
f. The minimum passing score.
8. In addition to the posting and any other advertising that takes place for
position.as outlined in the above paragraph, a copy of the notice wi11 be
sent to the Association for those positions in the work unit which they
represent.
AVOIDANCE OF TEMPORARY HIRING
9. During any period in which employees are being considered for promotion
and during 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 wlien suff icient time may not
be taken to fill a permanent position through the normal procedure, a
temporary appointment may be made.
10. 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 his per-
manent salary or the_salary of the temporary position, whichever is greater
whenever the assignment exceeds fourteen (14) days. The City Manager may
approve extension of the temporary assignment for an additional ninety
(90) days. In no event shall the assignment of temporary duties exceed a
period of six (6) months in any given f iscal year. These temporary
assignments used in leave of absence situations shall not be used to avoid
promotions. Employees receiving temporary appointments will be required
to meet the minimum qualifications:for the position in which they were
appointed on a temporary basis.
Reso. 9208 Exhibit Pa~e 18 of 32
11. An employee who has been promoted but does not successfully pass his pro-
motional probationary period of six (6) months, shall be "reinstated to the
position which he held prior to the promotion.
12. ~Upon an employee request within a one (1) montfi period fo.llowing a promotion,
he shall be returned to a regular job opening in the classification from
~which he was promoted, at fihe pay rate from which he was promoted from,
but in no event shall h~e be held in the promotional position over one (1)
morith following his request for reinstatement in the lower position. Upon
reinstatement to the former position, the employee's name wi11 be removed
~from the promotional eligibility list.
13. An employee who has been transferred pursuant to his request or who has
been promoted and not returned to his former classif ica:tion, need not be
considered by the City for a subsequent transfer or promotion during the
six month period following his transfer or promotion.
14. If the employee has filed more than one requ'est,for•transfer, only the
most recent of his reques.ts will be considered by the City for making a
itransfer. Such transfer's will be considered only if the employee possesses
~the minimum qualifications~for the position.
15. ~Employees who have successfully passed an examination for a higher position,
~and have been certified for the higher position, will be deemed.to qualify
~for positions with lesser qualifications and may be certified to the
lesser positions, provided no lists exist for fihe lesser positions.
16. In the event that ari applicant accepts a lower classified position, he
will be allowed to rema'in' on the eligibility 'lis~t for higher classification
luntil the list is abolished.
ARTICLE 19
SICK LEAVE
ELIGIBILITY
1. An employee shall be eligible to receive sick leave in accordance with the
provisions of this Article when he is unable to work because of a disability
resulting from personal sickness or.injury, exeept no sick leave shall be
payable for any injury or absence which results or occurs as follows:
1. Intentionally self-inflicted;
2. Participating in any criminal act;
3. 'Participating in a riot;
4. Working for an emp'loyer other than the City.
Reso , 9208 E:xh.i b i t P,age 19 of 32
2. Neither shall any sick leave be payable (1) during a vacation except when
hospitalized or equivalent confinement, or (2) during a layoff, leave of
absence, or disciplinary layoff.
3. A11 hours of sick leave accrued and a11 hours of absence,, whether or not
paid, shall be recorded. To the extent~necessary to implement this
Article, such records may be inspected by an individual employee and/or
authorized Association representative.
ACCRUAL
4. Sick leave shall accrue to all fu11-time employees at the rate of one day
for each month of continuous service. 1Vo employee sha11 accumulate more
sick leave in any year than provided.
5. Sick leave sha11 continue to accrue while an employee is on vacation, on
sick leave, or on job-connected injury leave.
6. No employee sha11 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 wi.th pay for each month worked.
Employees hired on or before the 14th of a calendar month sha11 be credited
with one day of sick leave at the end of that month. Employees hired on
or after the 15th of the calendar month sha11 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.
BEREAVEMENT LEAVE
9. In the event of the death of an employee's spouse, mother, step-mother_,
mother-in-law, father, step-father, father-in-law, brother, sister, or
child, including an adopted child, an employee who attends the funeral
~shall be granted time off work with pay. The amount of time off work with
pay sha11 be only that which is required to attend the funeral and make
necessary funeral arrangements, but in no event sha11 it exceed three (3)
working.days. These three (3) days sha11 not be chargeable to sick leave.
An additional two (2) days required for necessary funeral arrangements may
be charged to the employee's sick leave, any additional time beyond these
two days may be charged to accumulated vacation, accumulated compensatory
time or leave without pay.
SICK LEAVE, GENERAL
10. ,On taking sick leave time, the employee must notify his.department head
either prior to,, or within thirty minutes after the time set for beginning
his iiaily dut'ies. If an employee's duties begin before the switchboard is
in operation, he must notify the department not later than 8:30 a.m.
Reso, 9208 Exhibit Page 20 of 32
11. Sick leave sha11 not be consider,ed as a right.which an employee may use at
his discretion, but a pr,ivilege which shall be allowed only in case of
~ necessity and actual sickness or disability. .
12. When an employee is absent for more than three (3) consecutive days, the
City Manager or Personnel Off:icer~may .require a doctor's certificate for
such sick leave absence. When:an employee is absent for six (6) days or
more in a ealendar quarter or eight (8) days or more in any ~two consecutive
calendar quarters, the City Manager or Personnel Officer may require a
doctor's certificate, prior to pay.ing sick leave for the aays absent,
provided however, that absences for which a doctor's cer,tificate has been
provided shall not count toward the aforesaid s'ix day and eight day periods.
,
13. If an employee has not recovered by the time he has exhausted his accumulated
sick leave, the City Manage~r, upon receipt of such request in writing, may
grant him leave of absence not to exceed the time limitations of Article
25. .
14. Upon the expiration of a leave of absence quoted under Paragraph 13., 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 to
perform the position for which he is eligible.
15. ~The Cit,y 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 leav.e. Abuse of sick leave as s;tated above is sufficient grounds
'rfor dismissal.
16, 'No penalties shall be imposed on employees for t°aking justifiable sick
'leave to which the employee is eligible.
17. ~Up to two days per year of an employee's .accrued sick leave may be used in
1the event of immediate family illness. The imme.diate family sha11 consist
kof the spouse, children, parents, brother.s, sisters, or other individuals
fwhose relationship to the employee is that of a legal dependent.
i „
; ARTICLE 20
INDUSTRIAL INJURY LEAVE
WORKERS' COMPENSATION
1. Benef its sha11 be .payable in situations where employee absence is due to
industrial injury as provided in California S_tate Workers' Compensation
Law. The amount of disability payments paid to the injured employee sha11
be deducted from salary payable to the emp'loyee while on~sick leave.
During the first three (3) calendar days of absence for industrial disability,
employees wi11 be compensated at their full rate of pay without deduation
f rom:sick leave unless they are hospitalized. In the case of alisences
caused by immediate hospitalization and/:or absences continuing beyond
three (3) working day,s, the employee shall be entit:led 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 di~sability resulting
from sickness, self-inflicted injury or willfu.l misconduct.
Reso, 9208 Exh~bit Pa9e 21 of 32
DETERMINATION OF INDUSTRIAL DISABILITY LEAVE
2. Except as otherwise limited:by this Article, the amount of industrial
disability income a~ailable;t'o an eligible employee shall be determined by
multiplying t~he_number of hours; not t:o exceed eight in a calendar day nor
forty in a calendar week, of time lqst 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 leave shall b.e permitted unless the employee's
superintendent is not'ified of the nature of the disab;ility and the probable
duration thereof as soon as possible, but in no event later than the con-
clusion of the current ~work day, except wlien the. failure to notify is due
to circumstances beyond the control of the employee. The injured employee
must complete a notice of injury form within the time limits stated.
4. In all cases on returnirig to work an employee claiming, or having received,
industrial disability leave must certify on a form provided by the City as
follows:
1. The natu"re 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 work in hours because of the disability.
3. The name of the individual to whom notification of the accident was
given or the reason notice was not given.
,'4. A release from an apprqved State Comp physician stating that the
I employee has recovered and is capable of returning to work.
~
5. In the event that facts and circumstan.ces indicate that the employee
may not be,eligible for industrial disability leave as claimed,
evidence of industrial disability may be requested such as a physician's
statement of the industrial disability.
6. Arbitrary failure or refusal to folTow accepted medical practice in
treating a disability shall be reason for'discontinuing or withholding
industrial disabil'ity income.
ARTICLE 21
HOLIDAYS
l. Authorized, City observed, paid holidays:
Reso, 9208 Exhibit Page 22 of 32
A. The City will designa.te ten (10)~paid, :fixed-date'holidays for .employees
in this unit. Such.holidays :s,ha11,'be established for the City's
fiscal year as def`ermined`by the Ci,ty Gouncil Res,olution.
B. Dur:ing .the fiscal ye'ar- ,1981-82, tfie City wi:11 aufihorize one .(1)
"Floating Holiday" per;emp:loyeer;; which may be taken by the employee
at a t'ime selected by the emp:l'oyee, subj'ect to operational require-
ment;s.and approval as determined by the City.
_
i.
2. i The holiday sha11 be cons'ecuti•ve twenty-.four :(24)~ hour period starting
j with the employee's star-.t,ing time on, tfie calendar day on whieh the holiday
i is observed.
3. Each fu11-time employee, other than an emplo..yee on layoff or on any leave
o£ absence, sfia11 receive eight (8) hours pay a~t his hourly rate for the
holiday, provided the employee meets the f'ollowing e.ligibility requirements:
4. ' He works,his last scheduled work day pr~ior to and'his first scheduled work
~ day following the holiday;, unless failure to work.on either or both such
; days is excused beeause ~of (1) personal sickne's's or injury,' or (2) other
~ extraor,dinary circumstances beyond the control of the employee proven to
~ the satisfaction of the City Manager whicfi cannot be corrected in time for
~ him to meet his employment obligation.
5, i, An employee required to work a paid holid~ay shall.receive, in addition to
` the eight°~hours holiday'pay, further compens,ation.of eitlier one and one-
half days off or pay at the overtime rate:for the actual holiday worked'.
6. : Observance by an employ,ee of a designated religious event may be granted,
if: gractical, with at 1'east. seven (7) days prior approval request for such
leave, under the following methods:
' 1. Time charged to aecrued vacation allowance; o;r
2. Time off without pay.
ARTICLE 22
DACATIONS
1. The purpose of annual vacation leave is to enable each eligible fu11-time
employee~annually to return to his work mental.ly.refreshed. A11 employees
in this uni.t sha1L be` entitled to annual vacation.with pay except the
f ollowing:
a. Fu1l-time employees who have served less than 12 months in the'service
of the City,;„however, vacation credits for the time sha11 be granted
t'o each such empioyee who later receives permanent employment.
Reso, 9208 Exhibit Pa9e 23 of 32
b. Employees who work on a temporary basis and all part-time employees
who work less than 1,040, hours per year.
2. A11 permanent employees of this unit after sereing at least one full year
a~re entitled to the equivalent of ten (10) working days of vacation with
p;ay in the-next suceeeding anniversary year of employment. All permanent
~ employees of the unit, after five (5) years of continuous service with the
C'ity and commencing with the sixth year, shall be entitled to fifteen (15)
working days of vacation wi.th pay per year... Af.ter 10 years of service,
one additional day of vacation shall be added for each additional year of
continuous service to a maximum of 20 days yacation. If an employee
wishes to take more than twenty (20) consecutive working days of vacation,
he sha11 have the prior approval of his depar:tment 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 part`icular regard for the needs of the servi~ce. If
the requirements of the service are such that, an employee cannot take part
or all of his annual vacation in a particular calendar year, such vacation
shall be taken during the following calendar year.
VACATIONS - GENERAL PROVISIONS
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 which 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.
HOLIDAYS WITHIN VACATIONS
7. .In the event that one or more of the municipal holidays observed on the
specific day falls within an annual vacation leave, such holiday shall not
be charged as vacation 1'eave, and the vacation leave shall be extended
accordingly.
ELIGIBILITY
8. No employee shall be eligible for paid vacation time or receive pay in
lieu of vacation time b`efore it accrues.
Reso, 9208~ Exhibit Page 24 of 32
PAY IN LIEU OE" VACATION 'TIME
9. An emp,loyee"will receive pay in lieu of paid.vacatiori time (i.e., without
taking actual time.of'f ~fr.om work) only und'er the following circumstances:
a. Retirement; or
ib. S.tart of a leaye of abence without pay for more than 90 days; or
c. Resignation reques,ted by the City; or
,d. Resignaf.ion, fhe Union.shall advise its members that two (2) calendar
weeks advance written notice should be given to the City.
; ~
,e. Deafh, in which case an heir or heirs' will be paid.
10. ~Pay in lieu of vacation shall be at the employee',s hourly rate times the
~number of hours of acc"rued vacation time.
SCHEDULING OF PAID~VAGATION TIME
~
11. ''Paid vacation~time shall be requested in advance by employees in accordance
with procedures established by the City, except;t'hat when extraordinary
circumstances occur`beyond the control of the employee, the employee may
be permitted to reschedule his vacation at a tiute mutually agreed upon.
SHIFT EMPLOYEES
12. The first day off sha11 be considered as a Saturday for irregular shift
employees for the° purpos,e of computing vacations and compensation for sueh
;employees. Any questions relative to inferpr.etation of this section shall
,`be resolved by the Gity Manager whose de:termination shall be final.
~
ARTICLE 23
AI;LOWABL'E COMPENSATION WHILE ON DUTY`AS JUROR
~
l. ~Every classi•f'ied:.employee who se"ryes as a trial juror or is compelled to
.
appear on behal"f of the Gity under service of proce.ss;, shall be entitled
~ to lie absent fr.om the employee's duties with the City dur.ing the period of
such service or while necessarily being pr.esent in.court as a result of
such caTl. The~emplo,yee shall be paid the di'fference between the employee's
fu:ll salary and any payment received by the employee,, excepting travel
pay,, for such duty. However, such time sfiall not be considered as :time
worked for purposes of Article 11, Paragraph 1. ~
Reso, 9208 Exhib:i.t. Page 25 of 32
2. For the purposes of this Article, time served as a juror or as a witness,
compelled fio 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 sha11 not be
considered as time worked for purposes of Article 11, Paragraph 1. It is
~the intent of this Paragraph to allow an emp.loyee compelled by law to
lappear as a juror or witness to compute that time as a port`ion of the
~employee's work day so that the employee will not be required to appear in
~court under service of process and also work a shift for the City during
~one twenty-four (24) hour period.
ARTICLE 24
ANNUAL MILITARY DUTY
1. ,An employee may be absent on military leave as authorized in Section 395
Ithrough 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 Gity or as provided in the Military'and Veterans
Code. Armed Forces reserve or national guard base pay shal.l 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.
ARTICLE 25
OTHER LEAVES OF ABSENCE
MEDICAL
1. -An employee who (1) is'unable to 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 of 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 to
this paragraph contemplates a short term leave which is agreed to be a
period of one calendar month or less.
Reso. 9208 Exhibit Page 26 of 32
2. For continuing disabili~,ty, extended leave of absence without pay may be
granted for a period up fo six .(6.) months u"nless furfher extended by the
City. In no event will an extended leave of absence without pay exceed
one (1) year'. The amount of extended leave o;f absence granted pursuant to
this paragraph shall be dependerit upon the employee's furnishing satisfactory
pxoof of disability, a showing o£ receiving continuing and appropriate
medical 'treatment, and the furnishing qf 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 per€orm 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.
PERSONAL
i
3. 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 shal_1 a leave 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.
J
ASSOC~ATION
4. An employee.who is elected or appointed to office or who is selected for
regular employment wi.th the Association (:City of Petaluma Employees Association),
upon written request of the Secretary-Treasurer of the Association, may be
granted a leave of absence without pay for nof more than three (3) months.
Upqn written request of the.Secretary-Treasurer of the Association,. the
leave may be extended for additional periods, but in no case shall a leave
and extension exceed six (6) months.
ASSOCIATION - EXCUSED ABSENCE
5. An employee who is elected or selected by the Association, upon the written
request of the Secretary-T'reasurer of the Assqciation, may be granted an
~ excused absence without':pay for a period not to exceed five (5) days per
year to attend confereriees or conventions. Not more than one employee
will be granted an excused absence at any one time.
METHO.D OF REQUESTING LE9VES OF ABSENCE
6. An employee who desires a leave of absence fr.om work without pay shall
file a written request with the Department Head on forms provided by the
Personnel Department, stating the title of his position, the beginning and
ending dates of the requested leave and a full statement of the reasons
for such request. The pepartment Head may grant or deny such leave for a
period not to exceed three work days. Request for additional leave must
be subm.itted in the same manner to the~City Mariager.
Reso, 9208 Exhibit Page 27 of 32
RETURN TO ACTIVE' EMPLOYMENT :
7. In order to be eli'gible ,to return to ac;tive employment,~'the employee .
returning from a medical leave'of absence must provide,~at least fourteen
;(14) calendar days prior.to the end of leave, a statement from the employee's
Iphysician~releasing the employee to return to, work. If the employee
cannot return to his former position,.he wi11 be placed in an eligible
category for a classif'ication for which he'has„the ability to perform the
work.
8. IThe City, at its option.and without cost to the employee,.may require that
;a physician or physicians of its choos'ing examine the employee before
'returning him to active employment.
GENEKAL CONDITIONS .
I
9. +During a leave of absence,`an.employee will not aecrue yacation nor be
eligible for any payments for time off work as provided by this agreement.
~ " and consistent with the Group Health and Life Insurance Plan,
10. ~I Sub ' ect to
,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 Cifiy,
11. During a leave of absence, both the City'-s and the employee's contributions
to the Employees' Retirement Plan are disc:ontinued and benefits do not
,accrue, nor can they be wi'fihdrawn, nor are they forfeited.
ARTICLE 26
RETIREMENT'PLAN
1, '.During the term of this agreement, the E'ity shalT~continue membership as
~an agency under contract with ,the State o-f Ca.lifornia Public Retirement
'.System in accordance with and subject to the provisions of the State
Employee Retirement Law. '
2. IEach pay period all pe,rmanent and probationar,y employees shall have deducted
f.r,om his earnings a retirement contribution at a,pe=rcentage 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 fhe City shall.r.eceive fifty percent (50%) of his
a"ccumulated but unused sick leave, not to ex.ceed sixty (60) days.
4. The!C~ity will modify its' contraet with P.ERS to implement the foTlowing
options:
a. Sick leave.credit.
b. Las.;f~ year ~compe`nsation.
Reso, 92Oi8 Exhibit Page 28 of 32
9RTIGLE 2:7
TERMINATLON PAY '~
VAG9TION PAXMENT UPON TERMIN9TION ^ "'
1. Upon termination,, voluntary r_-es-ignation;, o;r retirement after one full year
of continuous service with the Cify or mor.e, the employee sha11 receive a
lump sum payment for a11 aecumulated but.unused vacation time. ~tdo weeks
,advance notice' in writing should b:e given to the City'of the termination
date.
HOLIDAY AND CQMPENSATORY T~IME PAYMENT UPON SEPARATION FROM CITY SERVICE
j ~
2. ~Employees separated from City service shall receive a lump sum payment for
~a11 ac;cumulated but unus'ed,compensatory time granted in lieu of holidays
~and all.other aceumulat:ed compensatory time.
COMPUTATION OF SEVERANCE A~LOWANCES
,
~ '
3. iCompensati'on for vacation and:holidays as described in.this Article sha11
be computed at the employee's hourly rate on the effective date of'termination.
ARTICLE 28
HEALTH AND LIFE INSURANCE
l. City of Petaluma Group Medical-Hospital..fi nsurance Program:
The.City sha11 provide for a group medical-hospit:al insur,ance coverage
program for City empl'oyees in'this unif;. The City sha11 pay, during 1981-
• 82, the following insurance premium amount;s toward's group medic.a'1-hospi.tal
insurance coverage program provided'by the City:
,A. Insurance premium amount of $81.35 per montfi, per employee, towards
employee coverage; and
;B. For employees who maintain dependent.(.s.) eoverage, either:
a. Insurance;premium amount of $24.,97 per month, per employee,
toward's one (1)~ dependent coverage for employees who mai-ntain
~ one dependent coverage; or
b. Insurance premium amount of $34.:81 .per month, per employee,
towards two (2) or more dependents coverage for employees who
maintain two (2) or more dependents co~erage.
c, Notwithstanding the foregoing;, the,amount paid by the C,ity sha11
not exceed the actual monthly'premiums; due under the medical
coverage ,which an employee has "selected.
Reso, 9208 Exhibit Page 29 of 32
2.
3.
City of Petaluma Group Term Life Insurance Program:
The City shal.l provide for a g~r.oup term life insurance program for City
employees in this unit. The City "sha11 pay, during 1981-82, the insurance
premium amount of $2.80 per month, per employ.ee, towards employee only
coverage for such insurance in the principle sum of $5,OQ0 per employee.
City of .Petaluma Group Dental Insurance Program:
~
The City shall provide .for a group dental insurance program for City
employees and dependents;in this unit. The Ci•ty sha11 pay, during 1981-
82, towards the City group dental insurance coverage program, $30.94 per
employee, per month.
ARTICLE 29
SAFETY
1 •
1. ;The City and the Association will cooperate in the continuing objective of
;eliminating accidents and health hazards' and will work'toward the establish-
ment of a Safety Committee~involving employee and management participation.
,The City shall continue to make reasonable provisions for the safety and
jhealth of its employees during the hours of their employment.
i
ARTICLE 30
EMPLOYEE JOB TRAINING
i
1. ~Not later than January 1, 1981, the Gity of Petaluma wi11 develop a training
program for employees in Unit 2.
The City of Petaluma Emp'loyees Association wi11 be consulted regarding the
develo.pment of said training program, which shall be consistent with the
ideas as discussed by the representatives of tfie Csty and the Association,
,during meet and confer sessions in May,.1980. •
ARTICLE 31
SEVERABILITY CLAUSE
1. In tfie ey.ent that any portion of this agreement is ,declared invalid by a
court of competent jurisdiction, it sha11 not effect the validit.y of any
other portion of this agreement not invali~dated. Any portion held inealid
shall be re-negotiated so as to effectuate the purposes and intent of the
invalid portion if 1ega11y possible.
Reso, 9208 Exhibit Page 30 of 32
NEGOTIATIONS
2. Negotiation Period: The Association wi11 submit in writing to the City
not less than ninety (90) days prior to the expiration date of this Agreement
any proposed modifications to this Agreement for the.subsequent Fiscal
Year. The parties wi11 commence Meeting and Conferring not less than
seventy-five (75) days prior to the expiration date of this 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 Fina1 Budget for the subsequent Fiscal Year.
TEEtM OF AGR~EMENT
3. This agreement is subject to the approval of the City Council of the City
of Petaluma.
4. The terms, benefit and conditions of employment granted this unit are
governed solely by this memorandum of agreement.
5. The terms of fhis Agreement shall commence on July 1, 1981, and continue
iuntil the expiration date of June 30, 1982., and from year to year thereafter
iunless written notice is given by one party to the other setting forth a
'desire to negotiate modifications to this' Agreement as set forth in Paragraph
,2, Article 31.
6. ;If such notice is given by either party., the party receiving such notice
may also during ensuing negotiations present changes in the agreement
Idesired by said party.
7. Negotiations upon the modifications or amendments sha11 be conducted
promptly at a time and place'mutual.ly agreeable to both parties and sha11
continue through said period in an effort to reach agreement.
Res.o, 9208 Exhibit Page 31 of 32
,;r.`... . ~ . ( ; , . ~ ~ ~ . , . , ~ ` . _ ~ .
,. _ .. ., ~ '~. . , ~ r , ~ .. ~ ~ . , - . . . . .
\ ~.
APPEPJDIX "A"
(Unit 2)
HOURLY RATE L~1~1Gf SCHEDULf (Effecti ve July .l ,. l`93;1 ) ~ ~
The-basic hourly rate,~t~rai~e sch:edu le for~,the-follov~ing clas sification titles, ._
e,ffeetive July.l, 1.981, s'hall' be as specified 6elo~v: ,
CLASS_IF'ICATI;ONS: I II III IV _ V
~ C{ustodian 5.'3b87 5.'5742 5.3570 6.1457 6.4530'
E1lectrical/hlecha~nical hlai'n;tenance Wbrker ,7.868~2 8.2.6.17 3.6748 9.10~6 ~.554-1.
~~ E~qui~pment Mechanic ~ 7.7~619 8.1500 8.5575 8.9854 9.4347
E~qui pment Mechani c H'el per 6.008Q 6 30~'~- 6.6239' 6. 9551 7. 3029
Head-Custodian ' 5.8775 6.1714 6.4BQ0 6.8040 7.1443 °
La°borer ~
~ '5.7237~
~~ 6.0099 6.;3104
. 6..6260 6.9573
i
P-1a°i ntena~nce Worker ,
, - 6. 0080
„ 6. 3084 6. 6239 6. 9551 7. 302'9
Pi~r. k Fo:reman ~ 7 29:9,7 7. 6647 8:"04'80 8. 4505 8. 873]
;' ., P~ark:Maintenance Leader 6.7~900 7.1295 7..4860 7.8603 8:2534
Pa~rk ~~a~intenance Ldor.ker ~ 6.0080 6.3084 6.6'239 6.9551 7.3029 ~
Public~Works ,L'eade;r ° 6.7900 7.12'95 7.486D 7.$603 '8.2534
~ Senior. f~laintenance 6Jor.k~er ~ 6.2923 6.6070 6.9374_ 7.2843 7.6486
Sewer h9aintenance~Leader
, 6.7900 7.1295.
. 7.4860 T.8603 8.253'5.
S~treet Svreeper Operator - 7.050'7 7.4033 7.7735 8.1622 8.5,704
Swimm,ing Pool P~1aintenance 6.~orker 6~.0080 6.3084 6.6239 6.9551 7.3029
~ Water Foreman . 7.2997 7.564°7 8~.04'80 8.450,5 8.~731 _.
V•~ater Leader ~ 6.7900 7.1295 7.4860 7,8603 &~:2534 .
- 6~~ater Meter Reader-Service ltiorker ~ 6..1502 6.457a_ 6.7807 7.11.93 7.4758
~ l~later hleter Repairer ~~ 6.2923 6;.6070 6.93:74 7.2~843 7.6485
. 4later Plwant Opera.tor 6.884'£i. 7.2291 7.5906 7.9.7`02 8.3688
= GJa'ter System Service Worker-Plant Qper~., 6.2923 6'.6070 '6.9374 7.2843 7:6486
~,. . ~ ~ _ Reso, 9208. Exh~ib~it Pag,e 32 of°32