HomeMy WebLinkAboutResolution 2001-205 N.C.S. 12/17/2001 Resolution No.~~~,_~~ N.C.S.
of the City of Petaluma, California
1 APPROVING AGREEMENT FOR EMPLOYMENT OF CITY MANAGER
2 AND AUTHORIZING MAYOR TO EXECUTE SAID AGREEMENT
3
4
5 WHEREAS,. the City Council of the City of Petaluma and Frederick Stouder entered into
6 an agreement for employment of City Manager dated December 15, 1997; and
7
8 WHEREAS, the City Council of the City of Petaluma and Frederick Stouder wish to
9 enter into a new agreement for employment of City Manager.
10
11 NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of
12 Petaluma does hereby approve the Agreement for Employment of City Manager (attached hereto
13 as "Exhibit A"); and
14
15 BE IT FURTHER .RESOLVED that the Mayor of the City of Petaluma is hereby
16 authorized to execute said Agreement for Employment.
17
18
19
20 reso
21 12/ 14/01 (fmk)
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 Approved as to
Council of the City of Petaluma at a (Regalar) (Adjourned) (Special) meeting for
on the .....:1.2.~.1~......... day of ...........))~~.~I,XI~?.~.~ 20....Q,~by the
following vote:
~ity Attorney
AYES: O'Brien,Healy,Torliatt,Maguire,VM Cader-Thompson, Mayor Thompson
NOES: Moynihan
ABSENT:. None
ATTEST:
City Clerk ,,,,pp,~, ~ Mayor
~~oYb Council File
Res. No...2..0.~..'~..-.~..Q.~C.S.
rye
. ~`4~~.;
AGREEMENT FOR EMPLOYMENT OF fC~ITY MANAGER
This Agreement, made and entered into this ~~~yLday of December, 2001, by and
between the City of Petaluma, a Charter City (the "City"), and Frederick Stouder (the
"Employee"), both of whom understand as follows:
WITNESSETH -
WHEREAS, the City of Petaluma and Frederick Stouder entered into an Agreement for
Employment of City Manager dated December 15, .1997; and
WHEREAS, the Agreement was amended by the Amendment to the Agreement for
Employment of City Manager dated January 4, 1999 ("First Amendment"); and
WHEREAS, the Agreement was again amended by an Amendment to the Agreement for
Employment of City Manager dated December 14, 2000,("Second Amendment"); and
WHEREAS, it is the desire of the City to adjust certain portions of the compensation and
modify provisions of the Employment Contract of Frederick Stouder; and
WHEREAS, it is the desire that all prior agreements and amendments thereto between
City and Frederick Stouder be superceded and replaced by a new contract to be entered into
between'the City and Frederick Stouder;
NOW, THEREFORE, in consideration of the mutual covenants herein contained, the
parties agree as follows: .
Section 1. Duties
. .The City hereby agrees to .employ Frederick Stouder as City Manager of said City to
perform the functions and duties specified in the Petaluma Municipal Code and Petaluma City
Charter and as provided by state or federal law and to perform other legally permissible and
proper duties and functions as the City Council shall from time to time assign.
Section 2. Term
A. ,Nothing in this Agreement shall prevent, limit or otherwise interfere with the right
of the City Council acting for the City to terminate the services of Employee at any time, with or
without cause subject only to the provisions set forth in Section 4, paragraph A and B, of this
Agreement and Article VI of the Petaluma City Charter.
B. Nothing in this Agreement shall prevent, limit or otherwise interfere with the right
of the Employee to iesign at any time from his position with the City, subject only to the
provision set forth in Section 4, paragraph C of this Agreement.
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C. Employee agrees to remain in the exclusive employ of the City for so long as the
employment is mutually acceptable to both. Employee and the City, and neither to accept other
employment nor to become employed by any other employer until termination of this
Agreement; except with specific permission. of the City Council for endeavors which are not in
conflict with the Employee's duties and responsibilities as the City Manager.
D. This Agreement will remain in -full force and effect and .shall continue for a period
of 24 months conunencing January 1, 2002 through January 1, 2004.. Notwithstanding this term
as set forth herein, unless this Agreement is terminated by either party pursuant. to the provisions
herein one (I) year before the expiration of this Agreement or any extension thereof (Extension
Date) this. Agreement, shall automatically be extended for an additional period of one (1) year so
that as a result of the extension there will be a remaining term of two (2) years provided
Employee provides .notice to the City Council of said upcoming. Extension Date between 45 and
60 days before the Extension IDate. :If the Employee fails to give such notice, the term of the
Agreement shall not be automatically extended.
Section 3. Suspension
The City may suspend the Employee with full pay and benefits at any time during the
term of this Agreement.
Section 4. Termination. and.Severance Pay
A. Notwithstanding any provisions herein including but. not .limited to Section 2(D);
the City Council shall have the right to terminate the Employee at will. If the Employee- is
terminated. by the City Council during the time that Employee is willing and able to perform his
duties under this Agreerent, then in that event the City agrees to pay Employee a lump sum cash
payment equal to ten and one-half (10%) .months' salary, provided, however, that in the event .
Employee is terminated for cause, the City ;shall .have no obligation. to .pay the severance sum
designated in this paragraph. For purposes of this agreement, "cause" shall mean malfeasance,
misfeasance; any criminal activity that implicates per-formance of the City Manager's duties, or
gross misconduct, which shall include repeated instances of belligerent conduct toward any city
employee, contractor or official. The. City shall give Employee a minimum of 45 days' written
notice prior to terminating the employment of Employee as City Manager- as provided herein,
provided that if the. Employee is terminated for cause as .defined in this .agreement, the 45 day
notice requirement shall not apply. The determination whether there is good cause for
termination shall be in the .sole discretion of the City Council. Nothing in this provision is
intended to confer, upon the City Manager any property interest in continued employment or any
due process right to a hearing before or after the decision fo terminate his employment for good
cause, excepf as may be required by the liberty interest clauses of the Fourteenth Amendment to
the United States Constitution, and Article I, §7 of the California-Constitution.
B. In the event. the City at any time during this Agreement reduces the salary or other
financial benefits of :Employee in a greater percentage -than an applicable across-the-board
reduction for all employees of the City, or in the event the City refuses, following written notice,
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Reso.2001-205 N.C.S.
to comply with any other provision benefitting Employee. herein, or the Employee resigns
following a .formal suggestion by the City Council that he resign, then, in that event, Employee
may, at his option, be deemed to be "terminated" at the date of such. reduction or such refusal to
comply within the meaning and context of the severance pay provision in paragraph A above.
C. In the event Employee voluntarily resigns his position with the City before
expiration of the above-referenced term of his employment, then Employee. shall give the City
forty-five (45) -days' notice in advance, unless the parties- otherwise agree. The employee will
not receive any severance pay in the. case of voluntary resignation.
Section 5. Disability
- If Employee is permanently disabled or is otherwise unable to perform his duties because
of sickness, accident, injury, mental incapacity or health for a period of six successive weeks
beyond any accrued sick leave, or for forty working days over a sixty working day period, the
City shall have the option to terminate this Agreement. Termination pursuant to this Section
would not subject the City to payment of severance benefits as specified under Section 4 above.
However, Employee shall. be compensated for any accrued leave time and other accrued benefits
on the same basis as any other Department Head of the Citypursuant to'the applicable Rules and
Regulations.
Section 6. Compensation..
A. The City agrees.to pay Employee for services rendered pursuant hereto an annual
base salary of $'153,692 payable in installments at the .same time as other employees of the City
are paid effective January 1, 2002.
Performance reviews will be conducted twice annually unless City Council and
Employee mutually agree otherwise, in January and in July. Notwithstanding the ~ foregoing,
nothing. shall be construed in this contract prohibiting the City Council and City Manager from
otherwise agreement to a salary adjustment at any other time ofthe year.
B. The City will participate with. the City Manager in the-City or ICMA Deferred
Compensation Program 457 Account on behalf of the City Manager by matching on a one to one
basis the City Manager's contribution. The City contribution in 2002 will not exceed $4500.
This can be adjusted annuallyby mutual agreement of the City Council and the City Manager.
Section 7. Performance Review Criteria
The parties agree that•the criteria will be developed and revised annually, and mutually
agreed tb, on which the City Manager will be evaluated. The .criteria will be revised as
appropriate during. each review period process for the following six months in order to allow the
City Manager appropriate time to address the criteria.. The City Manager agrees to provide the
City Council a written report ten days prior to the formal evaluation that responds to the
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Reso. 2001-205 N.C.S.
i
evaluation criteria, as well as .summarizes the status, the schedule, and current costs and budget
of the City Council's priorities as agreed to by the Council at the beginning of the calendar year.
Section 8. Council/1Vlanager Obligations
In accordance with the above, and as part of providing policy direction and leadership to
the City and the City Manager, the City Council agrees to participate in an annual goal setting
and priority identification session "retreat" or forward workshop with the City- Manager. The
Council will agree in advance to the Agenda, anticipated outcomes, and to the external
organization facilitator.
Section 10. Automobile
Employee shall provide his own automobile. City shall provide a $250 monthly
automobile allowance to compensate the Employee for the use of his automobile: for City
business.
Section 11. Vacation, Sick Leave, Administrative Leave
Employee shall accrue, and have credited to his personal account, vacation leave of 15
days per year for employment, then increasing by .eight (8) Hours .every year after January 1,
2007 to a maximum of 200 hours after 20 years of employment. Sick leave will be accrued. and
credited to his personal account as provided for City Manager pursuant to the Compensation Plan
that applies to Department Heads: Administrative Leave shall be credited as with other
Department Heads.
Section 12. Other lenefits
Employee shall be provided with the same health, dental, life insurance, leave. and
retirement benefits as other foil-tune' Department Heads of the City.
Section.. T3. I1ues and Subscriptions
..Subject fo budgetary approval `by the City, City agrees to pay for the: professional.. dues
and subscriptions of Employee necessary .for his continuation; and full participation in nafona'1;
regional,. estate and, local organizations necessary and desirable :for his continued professional
participation;: growth, and .advancement and for the .good of the City. This includes the two
professional associations to which the City Manager is a member: The International City and
County Managers Association and The American Society for Public Administration.
Section.l4. Professional Develoament
A. .Subject to budgetary approval. by the City; City agrees to pay the travel and
subsistence expenses of Employee for professional and official travel, meetings and occasions
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Reso. 2001-205 N.C.S.
adequate to continue the professional development of Employee and to adequately pursue
necessary official and other functions for the City.
B. City also agrees to budget and to pay for the travel and subsistence expenses of
Employee for short courses, institutes and seminars. that are necessary for his professional
development and for the good of the City.
Section 15. Other Terms and Conditions ;of Employment
A. The City Council, in consultation with the City Manager, shall fix any such 'other
terms and conditions of employment as it may determine from time to time;' relating to the
performance of Employee, provided such terms and conditions are not inconsistent with or in
conflict with the provisions of this Agreement, the City Charter, the Municipal Code or any
applicable state or federal law.
B. All regulations and rules of the City relating to vacation and sick leave, retirement
and pension system contributions, holidays and other fringe benefits and working conditions as
they now exist or hereafter maybe amended, also shall .apply to Employee as they would to other
Department Heads of the City, in addition to said benefits: enumerated specifically for the benef t
of Employee except as herein provided. (See Attachment A, Compensation Plan for Unit 8.)
Section 16. Notices
Notices pursuant to this Agreement shall be given,by:deposit in the custody of-the United
States Postal Service, postage prepaid, addressed as follows:
EMPLOYER: City of Petaluma
11 English Street
Petaluma, CA 94952
EMPLOYEE: Frederick Stouder
158 Windsor Drive
Petaluma, CA 94952
Alternatively,. notices required pursuant to this Agreement maybe personally served in the Barrie
manner as is applicable to civil judicial practice. Notice ,shall be deemed .given as of the date of
personal service or.as of`the date of deposit of such written notice in the course of transmission
in the United States Postal Service.
Section 17. General Provisions
A. The text herein shall constitute the entire Agreement between the parties.
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Reso.2001-205 N.C.S.
B. This Agreement shall be binding upon .and inure to the benefit of the heirs at law
and executors of Employee.
C. This Agreement shall become effective commencing January 1, 2002 and shall
superceded and replace all prior agreements and amendments. .
. D. If any provision, or any portion thereof, contained in this Agreement is held
unconstitutional, invalid. or unenforceable, the remainder of this Agreement; or portion thereof,
shall be deemed severable, shall not be affected and shall remain. in full force and effect.
IN WITNESS WHEREOF, the: City of Petaluma has caused this Agreement to be igned
and executed in its behalf by its Mayor, and duly attested by its City Attorney, City Clerk and the
Employee has signed. and executed this Agreement, both in duplicate, the day and year first
above written.
ATTEST:
City Clerlc Q~R~~~ ~ ~
APPROVED AS TO FORM:
Richard R. Rudnansky, City Attorney
. ark Thompson, Mayor
EMPLOYEE:
rederick S'touder
Reso. 2001-205 N.C.S.
~A~I~~~,
~~MPENSATIQI~ PLAN' FAR UI~TIT 8
FI~SCAr, FEAR ZOOI-2002
Reso.2001-205 N.C.S.
~A~~~ 1.V1~Ti'w1~~S
S~eti°n l • Term of
Agreement
CO1yIPEN5ATI0N
' SeGtlon 5alar)+
Section 3, Compensation for Clothing Loss
Section 4. Vacation, Pa}anent Qf
Section 5. 5ick Leave, Payment t?f
Section 6. Deferred Compensation . .
Section 7. PERS Eiaployer Paid Contribution
Section 8. Work During Local Emezgency
Section 9. i'.Inifozm Allowance
Section 10. Retiree Benefit Payments '
Section 11. HealthlDental Care Cash Back -
. Section 12. Acitliinistraiive Leave, Faymrn; of
INSURANCE
:Section I3. Health Insurance
Section 14, DentalIl3stlrance
Section 15. Lifelnsurance .
aSGC'L1pII Long-term Disability
Section 17. Visiva lizsurance
Section 18. Other Health and Welfare Payments
LEAVES
Section 19. Vacation ~ ~
Section 20. 5ick Leave
Section ~1. Bcreavemejzt Leave
Section 22. Holidays ,
5ection23. Military Leave
Section 24. heave Of Absence Without Pay
Seetiort ZS, Jury T;eave
Section,2b. Administrative Leave
O'I'1`IER
Section.77. ~ .Family Medical Leave AGt
Section ?8. Retirement '
Section 29. $exuall Romantic Relationships
Reso. 2001-205 N.C.S.
~ V~~E '
5ection,l. Terms of reemean$
This cornpen~ation plan shad be fora one (1) year term for the Fiscal Year
commencing Juty 1, 2001 tluvagli June 30, 2002.
. COI~dPl~leiSATION
Scc4iou Z. Salary
The salaries listed below shall be,effective 3uly 9, 2001.
PRINCIPAL APPOINTIVE _
CLASSES
oIice Chief $8,736 59,173 59,632 510,113 $10,619
8i5tA11t City Manager '$x,428 S8,849 $9,29$ $9,756 SXD,244 .
irector of°Communty
evelopment $8,428 58,849 $9,291 $9,756 $ip,24~
hector of Economic. and
edevelopment ~ ~8,4Z8 ' $8,849 $9,Z9I $9,756 SY4,244
irector`of Finance 58,428 58,849 59,291 '$9,956 ~10.,24d.
hector ofPubkic Facilities°and
Services S$,4zz~' SS,849 $9,291 $9,75& SZ~,2~4
ircctor of'VVater Resources ~d
~onseryatioa $8,4Z~ X8,$49 $9,29:1 59.756 510,244
ire Chief $8,428 SB,l~Q9 $9,291 $9,756 $10,244
hector of the General'Plan _
daainistrafic~a $7,431. ~7,8fl3 $8,193 58,602 $9;032
hector of Human Resources 57,278 $7,642 ' 58,02.4 $8,425 58,846
hector of Parks. & F~earestion 57,168 57,526 $7,903. 58,298 58,713
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Reso. 2001-205 N.C.S.
Se~tivai.3! Coanneasation for Clathin~ boss
The City IVianager is authorized to provide campensati'on to Ciry employees for
loss or damage to their clothing that occurs dtung the covrae of c
ry 4 graying out an
affacial du Are nest for com ensation hereunder shaii'be su
an detail, to the City Ivianager via the department head concern bm~tted za wn~g,
eb. The amount of
compensation if any, shall best the.discretion of tEze:City Ivlanager.
Section 4. yRCRf10n, Payaneat
Employees who terminate etnployrnent shat! be paid in a lump sung for all accrued
vacation'leave earned prior to the ef~ective date of ternuna'fivn.
B. Vacation Bank Hours, Payment of
All banked vacation Hours are held'in the Persoainel Department.. These amounts
shall be paid to the employee::in the amount of IQ Q of the`bar~ked.hours per year
over aten-year period at the base rate ofpay at the time af`payment: Employees
Ieauih~ City servace shall be paid the balance remaining at separation. This
payment shall be anade in the month of'October or ~tovember.
Sectiaca Sick ILeave,.-Pat~anent ®f
In the event of the death or retirement ofan employee who has completed ten (I t?)
or more years of continuous seavice with the City, the employee. shall. be paid or
shall•receis~e to his benefit fifty percent {50%) of lus accumulated but unused sicl<
.leave not to exceed d80 hotn~s. The,eutployee may eIeci not to.receive this benefit ,
and instead place ell sick.leave lzaurs into the PEItS Sick Leave Couversian.
Section 6. Deferred_Coaa eatsatioai
A, Deferred Compensation Plan (4S7)
The City of Petaluma shall make available to the anembers of this wait the Ciry's
Deferred Compensations Plan,
A z
Reso. 2001-205 N.C.S.
E. Discretionary Plan (401(a))
$$ectave Jtaly 9, 200f, the current 40..1(x) Money. Purchase Plan contril;utfdn by
tfae City of Petalams will be di9continued and an am~urat actual to the
p$}~ment (S16S.6? per mnonth) will be transferred. to the salary schedule of the
.members of this Unit
Section 7: PERS Employer Paid Contribution
The percentage of each employee's PERS contribution :previously paid by the City
prior to the adoption of this Compensation Pian~as the Employer Paymeut•of
Member Contribution (EPMC) shall instead be paid to the employee who shall
then pay that amount to PERS. 1~ or purposes of withholding, the City shall defer
hat portion of the employee`s;~contributiQn paid to PERS through Section
4l4(h)(Z) of the l:nternal Revenue Code puxsuant to City of Petaluma Resolution
90-353. 'T'herefore, for calculation of base salary atretiremeni, the employee sb~a.ll
now have as increased base salary'that will include~the total:amount~ of the
employee's contribution to PERS previouslyypaid as EFMC. The City will
withhold tIu ernplvyoe's contribution, from the. employee's pay, end the City will
make the-employee's. payment of the employee contribution directly to PERS on
behalf of the employee. The employee may'notmake an election to take this
amount in salary andlor to .make the payment to PERS. Tlie tax exemption does
not applyto _FICAlsocial security..The following is an example. of the applioation
of IRC' 414(h)(2) as applied to a miscellaneous employee.
An employee makes $1,000 per month base salary.. Under the prior contract tlte^
employee was ant responsible for payiltg'7% of the required' employee '
contribution: The City was responsible.for paying 7% ($70.00), which was. a City
responsibility that was in addition to the $1,000 base salary.
Under the 4l4(h)(2) method, the EPMC will revert to salary and the employee's
- base sz~Iary will `now be $i 070. Of this 7%c (aPProximately'$75;00) will be paid ~o
PERS from, the $I070. The fu117% will 'be lac exempt and this means the
employeewll',pay taxes on $995.00..
Section Work Durizr~ ~,QCal Emergencyi
Members of this Associa#itru,who are required to work~wlien called to an activated
EOC Local Emergency~shalT be paid at their regular hourly rate for all hours
beyond their-normal workday.
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Reso.2001-205 N.C.S.
Sectavn 9. 17niform Allowance
~ he classifications of`Polieo Chief and Fire Chief sball,"receive $300.00 per year
as a Uniform Allowance. This amount shall be paid in December. .
Section 10. Retiree Beue~t Pavaacnts
An employee with twenty (20) years df service and who is age ~0 or older and
who retirees on a service retirement during'the tetm~of this agreement, will be
eIigible far a service bcnefif in the amount equal to $I DO' Iess the amount
contributed directly to the PEMCHA premium by the City. This payment will
con$nue as long as the employee continues iu the PEMCHA plan as a retiree.
Should the :retired employee not continue in the P$MCHA plan, flint retired
employee'will be eligible" foz an amowlt of $100' as a direct paylneut as a xetiree
service benefit. It is theresponsilility ofthe retiree to notify t'1te City in writing
that l~elshe is not being covered. by the 1?EMCHA plan and' the City will _
commence payment of the $100.00 at the beginnil~g of the month..following the
receipt of written notice by the retiree "
For employees zetiring after Septctnbez I, 2000 and who "mVei t}ie service
re~uireme~tts listed in paragraph 1, above, those employees shall receive an.
additional $30 per month as' a retiree service benefit. Shouid.the retired employee
not continue in the FEMCHA,pIan, that retired employee will be eligible for an
aaznount of $130 as a direct payment as a retiree service bevefit..It is the ~
- respnn~siblity of the retiree to~ notify the City in writing that h"elshe is not being
covered by the PEIVICI=IA pIam and: the City will comnzencG payment of the
~I30.00 ai the beginning of the month following the receipt of written notice by
the. "retiree.
Fob employees retiring aher~Seg#ember 1, 2001-and who meet the service -
rct~,'u~eemcnts listed i4 paragrapk 1, above, those euiployces shall receive sn
atldiitioaal-SI0 ~eP' month fora :total of X140 per moatiz as a retiree service
beneftf.
For those crapioyces: ret~rug apEer September t, 2001 and who meet the
t'ollowing service roquirements, those employees shall receive a praa~ated
benefit as foalows
Age SO with: 8 Year-s Petaluma"service: $1'00 per tnoa#h benefit
12 Years Petaluma service: SIZ.,D"per month; benefit
6
Reso.2001-205 N.C.S.
Sec#ion I~l. ~iealthllJentsal Cgre Crash BsGk
,An eIi~ible employee may request canoeiiation of the employee's ,City paid.
medical and/or dental .insurance coverage under Section I25 of the IR;a Tax Codes
upon presentation to the C[ty of satisfactory proof tlizt helshe has medical ead/or
dental insurance coverage from another source. Such a request may be made
during the open enrollment for PEIvICHA medical eiections`but will be, in all
cases, subject to the terms and conditions and cancellation requirements of the
particular plan.
When:the ernplvyee has demonstrated such coverage to the :City`s satisfaction, the
City will re~7uest cancellation' of the employee's medical a~ldlor dental coverage,
subjectto. size terms and conditions of the particular policy. Upon actual
cancellation of the employees' roadies] coverage, and commencing on the date of "
caacellation of such•pflCicy, the Cii}~ will instead pay'to the eligible employee, on
s:monthly basis, as auiount:egual to 50% of`the "equivalent monthly cost", es
defined herein, of'insurance coverage of said eu~ployee, In detenivning the
"eguv~lent ffianthly .cost" of such coverage, the City' shall ealculateth~-monthly
premiiuu amount which would be paid. by the~City on tl~e employee's behalf under
the:Health Plan of-the Redwoods plan,'based on the employee's coverage Ievel
(e.g. self,. self plus spouse, self plus spouse plus children) 'at the time of such
cancellation. However, if the, actual.monthly costs of the employee's current plan
- coveaage:is less, than the monthly Hl'R cost, tlzcn the Iower figure sha13 be used,
Inthe event coverage is carzcelted only for the. employee's spouse or dependent .
childen, the reimbursement wiiI he SO% of the cost difference between the oId
and new levels of coverage {as ealeulated using the HPR pIau).
Upon Such cancellation of the employee's dental. cOveTage, the City-will instead
pay to the°eligible employee, an a monthly basis, an amount equal to 50% of the
Cfty's fuc®d monthly payroll change fortlus program.
Any empIoyce°caneeliag coverage will be required to meet all:ruies aPtd
- -
condztions o#'the panc~ularplan, including, lint not limited io, all'rules and
conditions governing administration, cancellation,,, and:re-enrollment.,eligibility by
requesting a cash payment pursuant to this section, such euiplvyee understands
and agrees: as a condition of, receipt of flits payment, that re-eruoiln~ent eligibility
I11t0 any plan i5 IEOt gUaraDtee$.
r-.
7
Reso.2001-205 N.C.S.
Sectioir IZ'. PaV for Unused Adrriiunistrative L,e~tvc
The City shall pay off any unusad Administrative Lea>>e as of June 30th-to a
maximum of ~0 hours. Payment shat!-be at'the empIoy~e's base pay rate as of .
June 30th. This paymetat.shail be made on tiie last pay-period for the Fiscal year,
INSURANCE
Sectioaa 13. $ealth Yt;serattce
A. AC'pFi'l; Employees
The City shall participate in the Public Eratployees' Medical Health Care Act
. (PEMCHA) for members of this Unit. The designated premium paid by the City
toward .flue program shall be in the amount of $100.00 per month per employee.
~tETIl~.~ EmplaJ~ees
~rnpioyees wYia retire from the City of Petaluma ti'IlI receive cvatributions to
their medical premium while under the PEIvICI-iA plan. -This payment-will
Increase in the amount of ~5.t70 per year until it reached the amount of $100.00 as
listed in paragraph 1 above.
Section 14. Deatal I'ro ram
The City shat! provide for a.gro~up Delta Dental Program for City .employee :and
dependents in this Unit. Adtiitionaliy,, tfie City shall caatzibute toward an
OtYliodontia Plan SI,OgO .per aluid,at a 50°!° co-payment rate. The City shalt pay,
. during the period of this Carnpensation.Flan the full cost toward tl~c City group
dental..coverage program.
• S'eetion Y5. Life Irfsurance
A: The City shall provide for a group feria life program for City cmpIoyees r!
this Unit< The .City :shall. pay, during the course of the Compensation Plan, the
insurancerpremium towards employee only coverage for such insurance iri the
principle sum of $50,000 per employee;
8
Reso.2001-205 N:C.S.
. 13. Management Life Insurance shalt be in the amount of one and one-half (I-l/2}
times their°annual salary rounded. to the nearest even Jolla:, i.e., $12,000,
$13,000,-etc. not to exceed ~I25,000.
Section 16. I.on~-berm Dis$biiity
The City. shall provide for along-term disability plan, The City will pay this
premium.
Sectioaa I7. ,Vision $rograffi ,
The. City shall provide a Vision Plan for employees and dependents. The City
shall pay for premium'.increases during the: term of ttvs Compensation Plan.
3eetao~a dg. ~Jther Health and VYelfare Payments
The Cityshall provide to the active members ofChut S additional monthly Izealth
add welfare payments equal the PEMCHA Health Piai~ of the Redwoods pxemiuzn
ilI130UDt5 1e35 $1'00.0.
a~E~~s
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Section 19. 'Vacation.
A. Amounts: All xegular employees of the City of Petaluma, after working one
full`year are entitled to the equivalent.of eighty (8q) hours of vacation-with
pay in the year following the year in which Vacation is earned.
.All regular employees of the City of Petaluma, after. five (S) years of
continuous'service with the City, and beginning with'the sixth year, shall be
entitled to the equivalent of one hundred twenty (I20) boors of vacation per
year.
Auer ten (10):years af:continuaus Service with-the City,, eight (8) hours of
vacation shall be added far each year of continuous service to a maximum of
two hundred(200) hours of vacation.
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Reso.2001-205 N.C.S.
B. Scheduling: Tine times d~•in$ a calendar year in which an employee
may talcs His/her vacation shall be detercuined by'the department hcad ,,ri~z
due respect for the wishes of the employee and paxticula.~ regard for the needs
o#~the service. If the requirements-of the se~rice are such that an erngloyee
cannot take pert or all of his/her annual vacation in a partictriar calendar year,
such vacation shall be taken during the follawiag calendar year,
C. Banked Hours. Hours that are. banked under Section "Vecatioi~, Payment of"
may be used :upon. submittal of a memo to the Rersounel. Department far
Vacation purpsses. These hours shall be deducted frvni the existing bank.
D. Vacation A,d~'ustment. ~ Employees`who are graA.ted timeoff for scheduled
ho!idg3•s shall not have such holidays charged as~va~ation leave whoa-the
vacation Ieave and holiday(s): coincide.
L. Accrual 1;irnits: Vacation accruals shall ba capped at three (3~ tunes the
'amount lisxed in parag,~~pl~s`A. .
Bee#ion 20. Sick heave
A. General
5ick~Ieave withpay shad be gr3nted,ty all employees asset fortiz in this section.
'Sick leave is not a tight, which .an employee may use at tus discretion, but rather,
skald be used, only in fasts ofperson,al illness, disability or the serious illness or
injtl=y of an employee's family member, which requires the employee's attention.
Tlie term family member shall include: spouse, children, parents, spouse's parents,
brothers, sisters, or other individuals. whose relatioaship to Sze employee is that of
a dependent or near dependent,
B. Acci~aI
Sack Ieave. shall .accrue to all full-time employees: at the tale of eight Hours fox
each,month of continuous service. Igo employee shall accumulafe more sick leave
~ ~y year than provided.
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Reso.2001-205 N.C.S.
C. Relativaship To Workers' Compensation
Beaefits shall be payable in sitvations where miscellaneous employee's absence is
due to industrial injury as provided in California State %rkers' Compensation
. Law. During the f rst'three (3) workdays when~~the employee's: absence froru work
has been occasioned by injury suffered during his/her. ®IUploylneAt and he/she ,
receives Workers' Compensation, heJshe:shall.receive full pay. FollowingSis
period, sick,lcave may be a supplement fo the Workers' Compensation benefits
provided the employee... Compensation is at hislher regular rate for a period not to
exceed six mouths, or until: sick leave is exhausted, or the disabilii~r is abrogated,
- or that employee is certified "permanent and. stationary" by a competent medical
authority. 7'he City shall pay hinnlher the regular salary, based on the combination ,
of the Workers' Compensation benefit plus sick Ieave.
~,t! public safety employees receiving full salaries in lieu of.temporary disability
payments pursuant to Section 4850 of the Labor Code are entitled to accumulate
sick Ie3ve.t3uring suc>z periods of sick:Leave. Sick leave for industrial injury sha21
not be allowed tot a disability resulting from sickness; self-inflicted injury or
wll:Eul misconduct.
The' City may retire any employee prior to the exhaustion of accumulated sick
leave, at which time all accrued but unused sick leave shall be abrogated, subject
omly to the limitations provided undzr tills Memorandum o£ i7nderstanding.
D. Sick Leave Transfer Policv
~n employee "wishing to donate hours of sick leave to another employee may do
sa.by sending a vvriiten request,. approved by Iiis/her department head, to the
Personnel Off ce naming the individual to receive the sick Leave arsd the amount
donated, with tlze.foIlowing restrictions: -
1. Employees who u2sh.to transfer sick Peeve must retain a ininlmum of
one hundred-sixty (16Q) houxs of sick,leave to be eligible to transfer
sick Ieave:
Z. AlI such transfers of sick Ieave art irrevocable.
3. The employee receivingthe-sick leave transfer, must have zero (0) houxs
Of accrued sick leave, vacation and C7A leave:on the books.
d. Employees uzay'not buy orsell Sick leave. Only tl3e Mme m2y be
transferred.
S. Employees may not transfer.sick leave upon~separation of service.
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Reso.2001-205 N.C.S.
6:. Sick Leave Transfer shall be allowed. between aII Units.
No more #hari ninety (90) workdays of Sick-Leave m$y be received ~y
an employeefor any one illness or injury.
Section-21. BeroavementlGeaxc
In the event of the death of an employee`s spouse, mouser, step-mother,
mother-in-law, father,-step-fa~er,:father-in~lakr, brother, sister, child, including an
adopted child, grandchild and grandparent, or domestic pazuier as registered with
the° pity Clerks O€fice, an employes who attends u1e funeral sha11 be granted time
off work with pay. The amount of time off worlt with pay s1~aI1 be only ttzat
which is required.. to attend the funeral and liiake~,necessary funeral arrangements,
but in no event shall it exceed three (3) working days: Thesetizree (3) days shall
not- be chargeable to sick leave, ~ additional two (2) days required for necessary
furierFil arrangements may be charged to the employoe's sick teavc and any
additional time beyond these iwo days may be charged to accumulated. vacation or
`leave without pay. Such bereavement leave shall. not be accruable from fiscal
y~`ro fiscal year,. nor shall it have any monetary value if unused.
Section 2Z. Iioifdavs
. A. Fixed Holidays:
Tke City<shaIi observe twelve. (12) fixed.-date holidays. These holidays shall be
established €or the City's fscai year as determined b}' City Council resolution
The Holidays for FY 20.00 / 2001 and 2001 / 2002 are as follows;
Independence Day
Labor Day
Colut=ibvs Day
VBt~rarlS' Any .
ThahtcsgiVing Day
Day After Thanksgiving
_ Christrrias Eve
Chrisomias Day
New `Irear'sDay
Martin;Lutl?er g Day
Presidents' bay
Memorial Day
Holidays will be adopted annually by resnlutiori,of the City Council.
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Reso.2001-205 N.C.S.
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9'F i ~ P , I' s4:
~B. Floating F~olidays.
During the Fisca! Year the City will authorize one "Floating Holiday" peT
employee, which may be taken by the employee at a time selected by the
employee, subject to operational requirements and approval determined by the
City. Employees hired:between July I, and December 3I, will be eligible for a
"Floating 1`Ioliday" duriiag the course of the Fiscal Year.
Section Z3. IYiidiYarv Leave
Military Ieave shall. be,arranged in accordance witia the provisions of State I,aw.
All,emplayees entitIed'to military leave shall give the appointing power an •
opportunity vvithizi the limits of military regulations to determine when such leave
shall be taken.
s~estiatt l~. Leave ~f Absenca `VVitB~out Pav
The City Manager'may grant a regular or probationary erripioyee Ieave of absence
vrithout pay pursuant to-the State and Federal Law; Good cause being shown by a
written request, the City Manager may° extend tote leave of absence without pay yr
seitiority or bea~efits for an additional period not to exceed six (6) months, No •
such leave shali,be granted except upon writEen request of the employee setting
forth the reasoia far the request, and the approval will be in writing. Upon
etpuation°of a regularly approved Ieave or within a reasonable period of time ~ -
- :after notice to return to duty;. the employee shall be reinstated ins the pQSition held
at'the time leave was granted. Failure on the part of an employee on leave to
report promptly at its expiration, orwithin a reasonable time afternotice'to return.
to duty, shall because for discharge. ~ ,
• ~ectiott 2~. Jury ]Leave
E`iery cIassafied etnplayee of the City who is called, or requited to serve as-atrial,
juror shall be entitled to absent himself from his duties with the City during the
• period of such service ar yvhile necessarily being present in court as a result of
such call. Under'such~ eircuatstances, the employee shall •be paid the difference
between his frill salary, _and any payment received by him, except travel pay, for
such duty. This compensation shall-not extend beyond twenty (20) working days.
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Reso.2001-205 N.C.S.
Sec#io~a 26 Administrative Leave
Members: of this Unit are eligible for administrative leave, Days may be ~artted
by the City Manager upon written request, not to exceed eighty (80) hours-per
Fiscal Fear,
Secfion 27. Fatnllv'M+adical Le$~~e Act
Pu:suantto the Family Arid IVledital Leave Act of 199;, FNFI.A leave may be
• granted to art employee wha has been employed for at Ieast twelve ~(IZ) months by
the City and who has provded;at least 1.,254 Tours ofservice during the twelve
(1z). months irefore the Ieave is requested: Tlie leave maybe granted. up to a torsi
of'twelva (I2) weeks for the following reasons:
A. Because of the birth of a child or placement for adoption or foster
care of a child:
In order to care for the spouse,-son, daughter,; parent, ar oue who
stood in place of z parent: of the employee, if such spouse, son,
daughter, parent, or "in loco parentis" has a serious health
. condition,
C• Because of a serious health condition tlu;t snakes the employee
unable to perform his employment functions:
Thc. omployee must pzovide the employer with thirty {313) days advance notice of
the, Dave, or such notice es is practicable, if thirty (34 days. notice is uvt possible.
The employee must pmvide the emplvyer with certif nation of the condition from
a health care provider. The employer, at employer expense, may require s second
.opinion on the validity of the. certification. Should.. a eonflict;arise between health
providers, a third and binding opinion, at empIoyer.expense will be sought.
Aga employee~seekingFMLA Ieave must firsf use paid sick fungi (ifapplicablt)
and. vacation before going on unpaid leave. TI~e total amount of family Ieave paid
and unpaid will not exceed a total of twelve (I2) weeks, Fn arty casein which a .
husband and wife cntitled to faruily leave are .both etnplayed' b3' the employer, the
aggregate number of workweeks of leave to which both nzay be entitled, tray be
limited to twelve (12) weeks if such Ieave is taken because of the-birth of a child
or placement for. adoption or foster care of a child, The empiayae will be
responsible for his share of the health insurance cost dutYng the leave. If the
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Reso. 2001-205 N.C.S.
~...r ~..o.... o ~9~.aiiesci pus- ~ ~o-aai~ 16.
employee does not return from the' leave, lze is responsible for the total insurance
pretniuni paid by the employer.
C?7CIi~R
Seetioaa Z$, Retirement
The City of Fctalun~a's retirement gian nndeP the Public I:auployees' Retirement
• Systern shah -consist of the foiIvwing items: •
Op#ious Nliscellansous
Z% @ 55
1959 Survivors Heaefit ~Lcvel 3)
One-1'ear`Final ComgeASatiaa
Unused Sick Leave. Credit
Military Service Gedit as 1?ubIic Service
Options: Fire
- 3% ®50 Looa1 Publia Safety
- 1959 Survivors Benefit (Level 4) Sectivn'2I382.4
One Year Final Compensation
ilnttsed Sick Leave Credit
Military Service Credit:as,Public Service {Section 20930:3)
• Post Itetirerneat Survivors:Allowance (sections 21263, 2I263.I and
_21263.3) ~
Options: PoIIce
3°1o Qa 50 Local.Public Satiety '
• 1:959 Survivors Benef t (Level 4)
One-dear Final Compensation
Unused Sick Leave Credit
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Reso.2001-205 N.C.S.
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Secfiou Z9. Roflauhtic ! Seual ReEaHonships
IPU~OS>u
1. To establish policy to prevent a' conflict to interest or adverse impact on
supervision, productivity, safety, or security when supervisors, managers, and co-
workers engage in romantic /sexual. rciafvaships. -
SCOPE
1. This policy addresses romantic and/or sexual relationships between
supervi5ors/marlagers and employees where the supervisor/nianagor may evaluati~
the erupIoyee's work performance, provide recommeadations for merit increases,
determine job assignments, provide promotional opportunities, issue discipline ar
provide development or economic opportiuutics such as training or overtime.
2. This policy addresses romantic and/or sexual relationships between any two
employees where it creates an adverse effect on productivity, stifety, or Secnrit3{ or
lAVOly@S a corifliCt of 111terest.
~ROCE~LTRES
1, Supervisors and Managers
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Rau~antic and/or earner relationships are not allowed between a
supervisor/manager and employee while #Ile employer is subjce# to the
supervisor's/ma~lager's influence. The City Manager is responsible for taking
appropriate action in these situations when. they occur.
a. Should asupervisor/manager develop a romantic or sexual reiafivnslup with
an employee under ~ his/her' influence, it 'is the supervisor's/ruanagcr's
responsibility to inform the dEpartment lle_ad of the relationship.
b. Where possible, the depal~tnent head shall transfer the rnsnagcr/supervisor
from the position of iu#lusnce over the other party to the relationship. If this
'is not.feasble, other appropriate arrangements will be made,
c, Oise party to a relativztship will riot be placed under the influence of the other
party to the relationship.
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Reso.2001-205 N.C.S.
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Zo ~-WOr1C~~5
i~?hen a romantic andly~ sexual relationship between co-workers Creates att adverse
effect vn productivity, saf®ty, or security, yr iudolyes an identifiable Conftict of
interest that stay .detrimentally impact operations, the department bead. has the
responsibility to correct the adverse effects and has the right to transfer one or both
parties to .different work Units in tEie same departniant, or io .reGOmmend to the City
Manager transfer of one or both parties t4 positions in other City departments.
~spot~sr~r~rx~
Each manager and supervisor is responsible for implementing tkis policy within his nr her
area of responsibility.
~__~x~_vEl?:
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zederick C. S4 der June 25, 2001
City Ntanages
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Reso.2001-205 N.C.S.
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