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Agenda Bill 2.B 10/18/2010
`~ ~' L U~ aw '~ rs5$ ~1 ~~,v-dcv I tevw #2.3 DATE: October 18, 201.0 TO: Honorable Mayor and Members of the City Co~un/~cil through City Manager FROM: Pamala Stephens, Human Resources Manager T• SUBJECT: Ratification of the Memorandum of Understanding executed by the City and the Petaluma Professional and Mid-Mangers Association for employees of Unit 4 - Professional REC®MMENDATI®N It is recommended that the City Council adopt the attached Resolution ratifying the Memorandum of Understanding (MOU) executed by the duly authorized representatives of the City and the Petaluma Professional and Mid-Managers Association Unit 4 -Professional. BACKGR®><1ND Prior to March 30, 2009, Unit 4 -Professional employees, were unrepresented. by an association or union and.their salary, benefits, terms and conditions of employment were determined by the City. The salary, benefits, terms and conditions of employment were outlined in a Compensation Plan that was adopted by the City Council and expired on June 30, 2009. On March 30, 2009, following a petition for recognition, the City Manager/Municipal Employee Relations Officer formally recognized the Professional and Mid-Managers Association as the employee organization representing Unit 4 Professional employees. In accordance with the Meyers-Milias-Brown Act, section 3500, et seq of the Government Code of the State and California, and the City's Employer-Employee Relations, Rules, and. Regulations, the City and the Petaluma Professional and Mid-Managers Association met and conferred and reached agreement on the terms and conditions of employment for the contract period July 1, 2009 through June 30, 2010. Those terms and conditions are outlined in a Unit 4 - Professional, Memorandum of Understanding. DISC,>(JSSION Many of the terms and: conditions of employment in the new Unit 4 MOU are the same as those in the prior Compensation Plan. However, there are some changes that were agreed upon between the parties: Some of the .more significant changes included new contract language providing association and management rights and revised language outlining disciplinary and Agenda Review: City Attorney Finance Director City Manag,~r appeals procedures. Other changes included providing employees with fourteen days notice in the event of layoff and the City's agreement to encourage contract firms to provide laid off employees' preference in hiring for contract work. FINANCIAL IMPACTS There are no changes to salary. Health premiums for the Kaiser plan increased by 4.56% effective January 1, .2010, which occurred during the term of the agreed upon MOU and the City continued to provide Unit 4 employees with a monthly benefit that included this increase. The City's monthly benefit is calculated using a formula based upon the monthly CaIPERS Health Premium for Kaiser -Bay Area/Sacramento for each employee and his or her family members less the City PEMHCA contribution times 95%, plus the PEMHCA contribution. The additional cost to the City of providing the monthly benefit to employees in Unit 4 for the period January through June 2010 (6 months) was $2,666. Annualized, this amount would be $5,332. The Unit 4 MOU is on a fiscal year basis and CalPERS health plan rate increases are on a calendar year basis. The additional cost was budgeted and has been paid. Below is a schedule with the benefit amounts for 2009 and 2010. Additional Benefit -Effective January 1, 2009 City PEMHCA Maximum Total Coverage 2009 Kaiser Rate Contribution Additional Benefit City Contributed by the Ci Contribution Single $508.30 $101..00 $386.94 $487.94 2-Party $1,016.60 $101.00 $869.82 $970.82 Family $1,321.58 $101.00 $1,159.55 $1,260.55 Additional Benefit.- Effective January 1, 2010 - 4.56% increase City PEMHCA Maximum Total Coverage 2010 Kaiser Rate Contribution Additional Benefit City Contributed by the City Contribution Single $532.56 $105.00 $406.18 $511.18 2-Party $1,065.12 $105.00 $912.11 $1,017.11 Family $1,384.66 $105.00 $1,215.68 $1,320.68 ATTACI3MENTS 1. Resolution Ratifying MOU Executed by the Duly Authorized Representatives of the City and the Petaluma Professional and Mid-Managers Association for Employees of Unit 4 - Professional 2. Unit 4- Professional MOU between the City of Petaluma and Petaluma Professional and Mid-Managers Association -July 1, 2009 through June 30, 2010 ® Items listed below are large in volume and are not attached to this report, but may be viewed in the City Clerk's office. r~ 6y~. "~mt ~~5. i,,.~ w~~ ~~i., oi~~...„~r~~ ,... ,~' ATTACHMENT 1 des®lutio~ I~1®. 20fl0-XX I~.C.~. of the City of Pet~l~r~a, Calif®rni~ RESOLUTION RATIFYING MEMORANDUM OF UNDERSTANDING EXECUTED BY THE DULY AUTHORIZED REPRESENTATIVES OF THE CITY AND THE PETALUMA PROFESSIONAL AND MID-MANAGERS ASSOCIATION FOR EMPLOYEES OF UNIT 4 (PROFESSIONAL) WHEREAS, the City, through its duly authorized representatives, and the Petaluma Professional and Mid-Managers Association, through its duly authorized representatives, have concluded their mutual obligation to meet and confer in good faith with respect to terms and conditions of employment for the employees in Unit 4, in accordance with the Meyers-Milias- Brown Act and the City's Employer-Employee Relations, Rules, and Regulations (Resolution No. 5512 N.C.S.); and, WHEREAS, the duly authorized representatives of the City and the Petaluma Professional and Mid-Managers Association have executed a Memorandum of Understanding pursuant to Section 15, Resolution No. 5512 N.C.S. and recommend its approval by the City Council; and, WHEREAS, the City Manager, pursuant to Section 28, City of Petaluma City Charter, and as the City's Municipal Employees' Relations Officer (Resolution No. 5375 N.C.S.) is required and empowered to make a recommendation to the City Council on matters related to employees' compensation; and, WHEREAS, the City Manager has reviewed and concurs with said Memorandum of Understanding for Unit 4 and does recommend that the City Council ratify said Memorandum of Understanding. NOW, THEREFORE, BE IT RESOLVED that the Memorandum of Understanding, being in the best interests of the City, is ratified and the terms and conditions of said Memorandum of Understanding shall be effective July 1, 2009 through June 30, 2010. J ATTACHMENT 2 ;a; .~ ~' ~~ r~i IVIEfiIIORi4NDUll~ OF U6V'D'ERST~-NDING . be~reen CITY OF PE~T~4'LU~IA and PETALUIVIA,PROFESSION~-L i41VD GILD-NI~-NAGfRS ~-SSOCIATION JULY 1, 2009 THROUGH JUNE 30, 2010 UNIT 4 -PROFESSIONAL - ~~ V3L~ OF ~ O~ f~ ~l 5 ;Section Provision Page 'P1tEAlVI~LE 1 ,SECTION 1-TERM OF AGREEIVIIJNT 1 1.1 Term of Agreement =Effective Date 1 1.2 Term of Agreement Notice of Successor ~lVlemorandum 1 !.SECTION 2 - GENERAL'PROVISTONS 1 2.1 Association Recognition 1 2.2 City Recognition - 1 2.3 Compliance with .Federal/State Laws 1 SECTION 3 - ASSOC'>[ATION RIGI~TS 1 3.1 Association Rights -Association Representatives 1 3.2 Association Rights. -Bulletin Boards 2 3.3 Association Rights -Access to Workplace ~ 2 3.4 Association Rights -Use of City Facilities 2 3.5 Association Rights -Advance. Notice 2 3.6 Association Rights - List Hof Employees 3 SECTION 4 -ASSOCIATION DUES I)EI)UCTIONS 3 4.1 Association Dues Deduction -Payroll Deductions 3 SECTION 5 -MANAGEMENT RIGHTS 4 SECTION 6 =SALARIES 4 6.1 Salaries 4 6:2 .Salary -Temporary Assignment Pay 4 SECTION 7 -SPECIAL COMPENSATION 4 7.1 Special Compensation -Loss or Damage to Clothing 4 7.2 Special Compensation -Safety Footwear 4 7.3 Special Compensation -Bilingual Pay -Spanish 4 .SECTION 8 -.ALTERNA'T'E' WORK WEEK ANT) OVERTIME 4 8.1 Alternate Work Schedule 4 8.2 Overtime -Compensation Rate 5 8.3 Overtime =Minimum 5 8.4 Overtime -Minimum. for Callbacks 5 8.5 Overtime =Emergency 5 .SECTION 9 - COIVIPENSATOR~' TIME ANI) CALL BACK 5 !9.1 Compensatory Time Off 5 9.2 Ca11 Back 5 SECTION I0~-PART-TIME POSITION 6 10:'1 Part=time: Position -Definition 6 1.0.2. Part-time Position -Seniority ~ 6 10:3 Part'-time Position -.'Pro-rated Leave and.Benefits 6 10.4 Part-time.Position -.Merit Pay, Step Increases, and Probationary Period 6 SECTION'l l - HOLIDAYS 6 11.1 Ho'lidays'- Fixed Holidays 6 11.2 Holidays=Floating Holidays 7 SECTION 12- VACATION 7 12..1 Vacation -Accrual 7 2009-201'0 City of Petaluma / PPMA Unit 4 MOU i ,.~ - L - ~,:~BI ~: QF ~;(1V"I~f:A 1 ~ Section Provision 12.2 Vacation -Scheduling , 123 Vacation -Deferral 1`2.4 Vacation -Usage 1f2.5 Vacation -Payment at Separation SECTION 13 -LEAVES - SIC~I~ LEAVE 1'3.1 Sick~Leave - Eligibili~~ty 13.2 Sick Leave -Accrual 1.3.3 Sick.Leave-Notification Procedures ' fer 13.4 Sick Leave -Trans 1;3.5 Sick Leave -Retirement Payout SECTION 14 -LEAVES -`INDUSTRIAL INJURY LEAVE SECTION 15 -LEAVES - BEREAyEMENT'LEAVE SECTION 16 -.LEAVES -=VICTIIVIS OF DOMESTIC VIOLENCE AND .SEXUAL, ASSAULT LEAVE SECTION 17 -LEAVES - MILITARY LEAVE' SECTION 18 -LEAVES -ELECTION OFFICER LEAVE AND VOTING LEAVE SECTION 19 -LEAVES' -SCHOOL VISITATION LEAVE SECTION 20 - I;EAVES -LEAVE OF ABSENCE WI'~'HOU'~''PAY SECTION,21-LEAVES -:JURY DUTY LEAVE SECTI®N.22 -FAMILY CARE AMID 1VTEDICAI', LEAVE (FMLA & CFRA) 22..1 FMLA and/or CFRA Leave 2.2.2 FMLA and/or CFRA -Second Opinion SECTION 23 -LEAVES -'PREGNANCY I)ISABI~LITY LEAVE SECTION 24 -DISCRIMINATION, IIARASSMENT, AND RETALIATION PROHIBITED SECTION 25 -REASONABLE ACCOMMODATION, SECTION 26 -'CALIFORNIA PUBLIC EMPLOYEES' RETIREMENT SYSTEM SECTION 27 - HEALTH:BENEEITS -ACTIVE EMPLOYEES 27.1 Active Employees - PEMHCA'Contribution 27.2 Active Employees -Additional Benefit 27.3 Active Employees -Additional Benefit =January 1, 2009. 27.4 Active Employees -Additional Benefit -January 1, 2010 2e7.5 Active Employees -Employee Contribution SECTION 28 =HEALTH BENEFITS -RETIRED EMPLOYEES 28.1 Retired Employees - Ca1PERS and PEMHCA " 28.2 "Unequal Contribution" Method for Health Care Premium Payments for Retirees 28.4 Less Than 2~uitant ;PEMHCA Health Benefits '0 Years of Service -Not Receiving .PEMHCA Health Benefits 28.5 Less Than 20 Years of Service -Receiving PEMHCA Health Benefits 2:8.6 20'Years br~lVlore of Service -Not Receiving PEMHCA Health Benefits 28.7 20 Years or~More of Service -Receiving PEMHCA Health Benefits 2009-2010 City of Petaluma / PPMA Unit 4 MOU Page 7 8 8 8 8 8 8 8 8 9 9 9 10 10 10 10 10 11 11 11 11 11 11 11 11 12 12 12 12 12 13 13 13 13 13 14 14 14 14 ii lV; I - - -- - - --- _ _ - ~~ ~~i~~, c~F~ Caw rt_~~~s Section Provision. SECTION' 29 - CASH IN-LIEU OF IiEALTIi AND DENTAL BENEFITS SECTION 30 -SECTION 125 PLAN SECTION 31-DENTAL INSURANCE SECTION 32 - VISION INSURANCE SECTION 33 - LIJF'E INSURANCE SECTION 34 -DISABILITY INSURANCE 34.1 Short-Term Disability Insurance -Voluntary 34.2 Long-Term,Disabil~iC~y Insurance SECTION 35 -EMPLOYEE ASSISTANCE PROGRAM SECTION 36 -DEFERRED' COMPENSATION ,~ , .SECTION 37 - TRANSFERS/PROMOTIONS RETREAT ENTITLEMENT SECTION 38 -PROBATIONARY PERIOD SECTION 39 -DISCIPLINARY AND APPEALS PROCEDURES 39.1 Work Performance and Professional Conduct 39.2 Probationary Employees 39.3 Discipline and Exempt Status under Fair Labor Standards Act (FLSA) 39.4 Causes for Discipline 39.5 Types of Discipline 39.6 Disciplinary Procedures -.Actions less than 40 Hours 39.7 Disciplinary Procedures -Action more than 40 Hours A -Notice of Intent. to 'Discipline B -Employee's Response C -Written Notice of Decision to Discipline D -Appeal to the. City Manager . E -Evidentiary Hearing -The City Manager or Designee F -Evidentiary Hearing -Date and Time G - Written_Findings and Decision H - Administrative. Procedures SECTION 40 - GRIEVANCE' PROCEDURE 40.1 Grievance -Purpose of the Procedure 40.2 Grievance -Conduct of Grievance Procedure 40.3 Grievance -Grievance Procedure SECTION 41-LAYOFF AND RECALL 4:1..1 Layoff Application 4.1:2 .Layoff - Employer.Right . 41,3. Lay.off -Employee Notification 4.1.4 Layoff.- Vacancy and Reclassification 41.5 Layoff-:Employee Rights 4'1:6 Layoff -'Seniority 41.7 Layoff-Order Of 41:8 Recall - Re-Employment List 41.9 Recall - `Duration of Re-Employment List SECTION 42 -EMPLOYEE PERSONNEL FILE 42.1 Employee Personnel File -Right to Inspect Page 15, 15 16 16 16 16 16 16 17 17 17 17 17 18 18 18 18 19 20 22 22 22 22 23 22 23 23 23 24 24 24 24 26 26 26 26 27 27 27 27 27 28 28 28 2009 2010 City of Petaluma / PPMA° Unit 4 MOU iii "~ o. I . Section ~ ~ Provision. mployee Personnel:File,-,Acknowledgement.Ad~erse Comments 42.2 E SECTION`43 - OTIIER. 43,1, Other - PerformanceEvaluations 4`32 Other- Safety Committee SECTION 44 - MUTUAL ACCEPTANCE ANI) RECONYIVIENDATION EX)EIIBIT A -SALARY TABLE 2009-2010 City of Petaluma /PPMA Unit-4 MOU' Page 28 28 28 28 29 30 rv g~ ,,.. ,~ PREAMBLE The. City of Petaluma, hereinafter referred to as .the "City" and the Petaluma Professional. and Mid- g ,~ ,good faith re ardn s wa es a hours eTandaother terms Land conditon ciation have met and conferred in g g g s of employment for the employees in said representation Unit 4, and have entered `into this Memorandum of'Understanding (MOU) pursuant to the provisions of the Meyers-Milias-Brown Act, Section 350.0, <et seq of the Government Code of the State of'Californa. The parties jointly agree to recommend to the City Council of°the City of Petaluma the'°adoption of this Memorandum for the period commencing July 1, 2009 through June 30, 2010. SECTION 1- TERIVI OF AGREElVIENT 1.1 Effective Date This Memorandum of Understanding shall be effective for a one year term for the fiscal year commencing July 1,.2009, and ending June 30, 2010. 1.2 Notice of Successor Memorandum In the event the Association. desires to negotiate a successor Memorandum of Understanding,. the Association shall prov'~ide to the City Manager a written request by April 30, 2010 to commence negotiations as 'well as its written initial proposals for any successor Memorandum of Understanding: SECTION 2 -GEN. ERAL PROVISIONS 2.1 Recognition -Association Reco 'tion Subject to the statutory rights. of self:representaton under Government Code Section 3503, the Petaluma Professional and` Mid-Managers Association; is the recognized employee organization for those classif cations listed in Exhibit "A -Salary Table:" 2.2 Recognition -City Reco -rug 'ton The Municipal Employee 'Relations Officer of the City of .Petaluma, or any person or organization duly authorized by the Municipal Employee Relations Officer, is the representative of the City in employer=employee.relations. `;~ 2.3 Compliance with:Federal/State Laws If any provisions .of this MOU are invalid under an applicable federal or state' law, said provision shall be modif ed to comply with the requirements of said federal or state law. SECTION 3 -ASS®CIATION RIGII'TS 3.1 Association Ri~htsu-Association Representatives The Cityemployees who are offcial representatives of the Association shall be given reasonable time off with pay to attend meetings with managementrepresentatives, investigate grievances, or be present at hearings where matters within the scope of representation or grievances are being considered. 2009-2010 City of Petaluma / PPMA Unit 4 MOU i .; .. ~~~~ i A The use of offic f ( ) ial time '" or this purpose shall be reasonable and shall not interfere with the performance of the City services as determined by the City. (B) Such employee representatives ~'slall "request time off from his/her respective supervisor and coordinate work schedules. (C) Except by mutual ag'r'eement, the number of employees excused for such purposes shall not exceed three. (3). However, in order that any given department not be unduly burdened by the release time requirements; in no case shall more than one (1) ~~ representative from any particular job classification in the same department be allowed release time pursuant to this section at any given time. If two (2) or more employees request: to be excused from any one department pursuant to this section, permission is subject to the approval of the Department Director or his/her designee. (D) No employee other. than an official representative on release time pursuant to this provision shall attend to or conduct Association business while on duty, nor shall City equipment be utilized for such matters except as specifically authorized by this MOU. 3.2 ~ Association Rights-BuhetinBoards :Authorized representatives of the Association shall be allowed to post Association notices on .specified bulletin boards maintained on City premises. 3.3 Association Rights -Access to Work~Location Reasonable access to employee work locations shall be granted. to officers of the Association and his/her officially designated .representatives for the .purpose of processing grievances or contacting members of the .Association concerning business within the scope of representation. Access shall be restricted so as not to interfere with the normal operation of the departments or with established safety,.or security requirements. Solicitation of membership and' activities concerned with the internal. management of the Association, such as collecting dues, holding membership, meetings, campaigning for office, conducting elections. and distributing literature, shall not be conducted during working hours. 3.4 Association'Ri~hts -Use of City Facilities The Association or authorized representatives of the Association,. may with the prior approval of `the ,city, "~be granted the use of City facilities for meetings of the Association, provided space is available and subject to City .operational requirements. 3.5 Association Rights -Advanced Notice Except in cases of declared emergencies, reasonable 'advance written notice shall be given to the Association of any ordinance, rule, resolution, or regulation directly relating to matters within the scopes of representation ~propgsed to be adopted by the City Council, and the Association shall be given the' opportunity to meet and confer prior to adoption. (A In cases of emer enc whe g ' y n the City Council determines that an ordinance, rule, resolution, or regulation within the scope of representation must be adopted-immediately without prior notice or meeting and conferring with the Association; the City agrees to 2009-2010 City of Petaluma / PPMA Unit 4 MOU 2 ry' /..D meet and confer within a reasonable acid practical, time after the termination of the emergency situation. (B) During the course of, such declared emergencies;' ,'the City shall have the sole discretion to act as may be required. during the course of the emergency to ensure the provision of what it determines to be, adequate and necessary public service, including, if necessary, the aut ont. to tem oraril sus end an. roves y p _ Y p y p ' ion. of this MOU. Upon the termination of said emer enc the terms. and conditions of the existing 1VIOU will again become effective. g Y~ 3.6 Association Rights -List of Employees' ;The City agrees to furnish the Association with the names, classifications, and dates of hire for 'all members of the bargaining Unit 4 upon request of the Association: The. City also agrees to provide the name and classification of new hires within two weeps of their beginning employment with the City. SECTION 4.-ASSOCIATION DI7ES'~ DEDUCTION 4.1 Association Dues -Payroll Deductions Payroll deduction for mernbership~ dues shall be granted by the Cityto the Association. (A) Payroll deductions shall be for a specified uniform amount between the employee and the Association and shall not include fines, fees, 'and/or assessments. Dues deductions shall be made only-upon each employee's individual- written authorization. (B) Authorization, cancellation, or modifications, of payroll deduction shall be made upon forrris provided or approved'by the Human'Resources Manager. (C) Amounts deducted, and withheld by the City shall,be transmitted to the officer designated in writing by the Association as the person authorized to receive such funds, at the address specified. (D) The employee's earnings .'must be sufficient; after, all other required deductions are made, fo cover the amount of the "deductions herein authorized. When an employee i"s in a non- - pay status for an entire pay period, no withholdings will be made to cover that payperiod ' ~ ~ , ~ ~~ from future earnings nor will the employee deposit the amount with the City which would ' have~been withheld if the employee had been in pay status during that period. (E) In the_case ofan employee who is in a non-paid status during a part of the pay period, and the salary is~not sufficient to cover the full withholding, no deduction shall. be made. In this. ;connection, all other required de"auctions have priority -over the Association .dues deduction. ,,,, (F) They Association shall indemnify, defend, and hold the City harmless against any claim made against the.' City and/or any lawsuit ,initiated against the City on account of Association payroll dues deductions made by the City consistent with Section 4, and any • other;paymcnts to the Association. " 2009-2010 City of Petaluma / PPNIA Unit 4 MOU SECTION 5 -1VIANAGEMENT RIGHTS. It is the right, of the City to make decisions of a managerial. or administrative character including: decisions on the type, extent, and standards of services performed; decisions on.the methods, means; and personnel by which the City operations and services are to be conducted;. and those necessary to exercise andtinlthe best int restgs of the City residents. All meana ser'ialfnt and economical manner practicable g ctions and rights to which the City has not expressly modified or restricted by specific provision of this MOU shall remain with the City. SECTION 6 - SALARIES 6.1 Salaries Salary Ranges shall be as specified in Exhibit "A" for Unit 4. 6.2 Tempor Assignment PaX Temporary Assignment' Pay shall be provided in ;accordance with the City's Temporary Assignment Pay policy. SECTION'? -SPECIAL COMPENSATION 7.1 .Special Compensation -Loss or Dama~;e to Clothing City employees may request. reimbursement for the loss or damage of ..his or her clothing that results from work activities. Requests for reimbursement shall be submitted to the Department Director for review and approval. Amounts of reimbursement are at the discretion of the Department Director. 7.2 Special Compensation- Safety Footwear The City shall pay the. cost. of all approved safety footwear up to two-hundred dollars ($200.00) p'er fiscal year. Replacement of„safety footwear shall be on an as-needed basis with approval of the Department Director. 7.3 Special Compensation - Biln ugual Pay -Spanish Eligible employees who are certified for bilingual .profi`cency in Spanish. in accordance with the City's Bilingual Testing and Certification policy shall receive two hundred dollars ($200) ,per month for certif cation at.a high level proficiency or verbally fluent or one hundred dollars ($.100) per month":for' certif cation at an acceptable level proficiency or conversational. SECTION. 8 - AI,TERNAT,E WORK WEE°K ANI) OVER'I'I1VIE 8.1 Alternate Work Schedule The City agrees to consider reasonable alternative workweek programs proposed by the employees. Such proposals (~ four (4) day workwveek, flex scheduling, 9/80; job sharing) may be considered on a case-by-case basis by the City. However, the decision as to whether and when, if at -all, to 'implement such alternate programs,.. the,.gperation of such programs, and the ability to modify'and/or terminate such programs, is left exclusively with the City. ~,. 2009-2010 City of Petaluma / PPMA Unit.4'MOU 4 ~ ~ . ~. 82 Overtime =Compensation Rate Overtime shall be paid at the rate of one and one=half (1.5}times the regular rate of pay for each hour worked in excess of a regular scheduled work day or an excess of forty (40) hours in a work week. In the event an employee is, required to work overtime without a break in excess of four (4) hours beyond the end of his/her regularly scheduled work shift, :the employee shall be paid at the rate of two (2) times the regular rate of pay for each hour worked in excess of a regular scheduled work day. Overtime shall only be worked... after .having received prior authorization by the Department Director or a managerial supervisor. 8.3 Overtime -Minimum Any employee required to work overtime shall, in no case, be compensated for less than one (1) hour for such overtime. 8.4 Overtime -Minimum for Callbacks Any employee required to return to work on an unscheduled, emergency basis after the end of the employee's working day shall, in no case, be compensated for less than two (2) hours for such overtime. 8.5 Overtime.- Emer ency . When it becomes necessary' because of an emergency to have employees work during legal holidays or during;, scheduled vacation. leaves, such employees working on such legal holidays and during periods.ofvacation shall be entitled to receive additional remuneration at the rate of one and one-half (1.5) times''the regular rate of pay for each hour worked. SEC'TION'S - COMPENSATORY 'TIME ~ANI) CALL., BACK 9.1 Compensatory Time. Off Employees may receive, in lieu. of being paid for overtime;. Compensatory Time off (CTO), at a mutually agreeable time between the City and the .employee, subject to the operation requirements of the City and. with approval. determined by the: City. No employee may earn ,more than two-hundred-forty (240) hours per fiscal year. Compensatory Time shall. not be pyramided or comp' ~ p y y book's. more than forty (40) hours of ~~ 7p ~;..,, ry Y g p g unused ComdeensatoaddTime tan loiven mo tit dur n tithe .fiscal year. Amounts submitted iri excess of these limits shall be paid at time and one-half (1.5)' of the regular rate of pay. ;9.2 Ca11,Back ~~ If, in an emergency situation, an employee in this Unit is asked to leave work before the end of his/her scheduled work day' with the expectation that he/she will be called back to work to finish the remainder of `his/her work day at a later time, but the employee is not in fact called back to work that day, the' City agrees to compensate the employee for .the furl normal. working day. In exchange, up until the time that the employee's regular shift is scheduled to end, such. employees will be on stand-by status, without. any entitlement to any extra compensation. .Except, as so specified, employees in this Unit are not required to work qn a stand-by basis. ,, ,,~ ~ ~ ~ ty uma;J.PPMAUnit 4 MOU s ~~~" 2009-201-0 Ci of Petal „ SECTION 10 - PAIZT-TIME POSITION . ~ ,.. 10.1 Part=time .Position -Definition ~ " • Apart-time position shall so be officially designated as such .and shall regularly be assigned to work. for at least forty (40) hours but;less than eighty (80) hours; of work per pay period. ~. 10.2 Part=time Position -Seniority • Seniority' for. the part-time position shall be determined on the same basis as a regular full-time position. 10.3 Park-time Position =Pro-Rated Leave and.Benefits All leave and all benefits shall. be on apro-rated, basis and based upon a determined percent (e.g. 50%, 75%). 10.4 Part-time.Position - Merit Fay; Step Increases. and.Probationary Period Standards for merit"pay,..step increases and probationary period for the part-time position shall be on the same'"'~basrs as a regular full-time position. SECTION 11 - gIOL1DAYS 11.1 • Holidays. -Fixed Holidays The City shall observe twelve (12) fixed-date holidays: „These holidays shall be established .for the~City's fiscal year as determined by'City Council resolution. The holidays for fiscal year 09/10 are as follows: Independence Day Christmas Eve Labor Day' Christmas Day Columbus Day New Year's Day Veterans' Day Martin Luther King Day Thanksgiving Day Presidents' Day Day after Thanksgiving 1Vlemorial Day holida a holiday falls on a Saturday, that holiday will be observed on the prior Friday. When a env falls,'"on a 'Sunday;' that holiday will be observed on the following Monday. Should this: •' ~~~ . ~ confli" " ~ ct wrtl ;a'Fri'day or Monday designated holiday, the Friday or Monday holiday will occur on the preceding Thursday or following Tuesday. Obseseven. ,7, da s ee of;a,;desi nated reli sous event ma be anted if radical with at Y rvanc (j an epno~, a roy g g. Y ~' ~ P pp al required for such leave; under the following methods: least :- ~~._ (~~) 'Trine charged-to accrued vacation allowance; or (B) Time''off wthout•pay: ,, 2009=2010 Ci of Petaluma / PPMA Unit 4 MOU.I ~~ 6 7" ~Y l ~, , ,.. ' atin~ Holiday 11.2 Holidagys -:Flo y ty ( ) Duriri" the. Fiscal ear the ~ Ci will authorize one 1 "Floating Holiday" per 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 1, and December 31, will. be eligible fora "Floating Holiday" during., the,course of the Fiscal year. SECTI®N 12 - VACATI®N 12.1 Vacation -Accrual All regular employees of the City of Petaluma, after working one (1) full year are entitled to the equivalent of eighty (80) '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 (5) years of continuous service with the City, and beginning with the sixth. (6) year, .shall be entitled 'to the equivalent of one-hundred- twenty (120) hours of vacation per year. After ten (1,0) years~,of continuous service with the City, eight (8) hours of vacation °shall be added for each .year of continuous service'to a maximum of two-hundred (200) hours of vacation. Vacation time shall not be accumulated in excess of fwo '(2) years or two times an employee's annual vacation accrual as indicated in the vacation chart below. . Years of Service Vacation Accrual hrs Accrual. Limit hrs 0-4 80 160 5-9 120 240 1'0 128 256 ~'' 1'"1 136 '272 12 144 288 13 152 '304 14 160 3'20 15 168 336 16 176 352 ' 1''7 184 368 18 192 3'84 T.9 or eater 200 400 12.2 Vacation-ISehedulin~ 'The times during,, a calendar year in which an employee may take his/her vacation shall be dete , y ,e Department Director with due respect for .the wishes of the employee and rmined b th arts ~,~ti ~ and ~ ~f ~„ "'p ~'cular reg ~ ~or the' needs of the service. If the requirements of'the service are such that an employee cannot take part- or all of his annual vacation in a particular calendar year, such vacation shall be taken', during the following calendar year.. 2009-201'0 City of Petaluma / PPMA Umt 4 MOU l~5 ~. o~~~~~'r.. ~. 1.,.~ ~~., I f' 12.3 Vacation.,...- Deferral y ent of the Department Director may defer his/her annual Any eligible emplo ee wrth. the cons vacation to the succeeding calendar year subject fo other provisions of this rule. In the event one {}l') or more municipal holidays fall within an annual vacation .leave, such holidays shall not be charged as vacation leave, .and vacation leave shall be extended accordingly. 12.4 Vacation- Usage An employee may begin to use accrued vacation after successfully completing his/her probationary period with the City. 12.5 Vacation- Pa ment at Se aration Employees who separate City employment shall be paid .for all accrued unused vacation leave earned prior to' the effective date 'of separation not to exceed. two (2) years accumulation. SECTION 13 -LEAVES -SICK LEAVE 13.1 ~ Sick Leave _ ~Eli~ bg_ ihty, ~" ~, ' Sick leave with pay shall be granted to all employees as set' forth in this secfion. Sick leave is not a right, which an employee may use at_ his discretion, but rather, shall be used only in case of personal illness; disability'~or the serious illness or injury of an employee's .family member, which. ,~. requires the „employee's attention. The term family ,members shall include.' u spouse, children, parents, spouse's parents, brothers, sisters or other individuals whose relationship to the employee is that of a dependent or near dependent. 13.2 Sick Leave -Accrual Sick leave'`shall accrue toy' all" full-time employees' at the rate of eight (8) hours for each month of continuous service. 13.3 Sick Leave -Notification Pr"ocedures In order to receive compensation' while absent on sick leave, the employee shall notify his/her .Department Director or immediate supervisor prior to or within four (4) hours after the time set for be mm i ,I ~~ '~~employee;may~he required toles. When absence is for more than three 3 a s oration g g Y P .p Y (> Y ' b ~ rovide h sician s verification of absence. the i~,. !I 13.4 dick Leave- Transfer ,5 g to donate hours of sick leave to another employee may do so by sending a. Em p y ~~ ., writte ees vans in n request, 'approved by his/her. Department Director, to the Human Resources office naming ~'th~e individual to "receive the sick leave and. the amount donated, with the following restrictions: (A) Employees who wish to transfer sick leave must retain a minimum of 16.0 hours of sick '' leave to be eligible o transfer sick leave. ~, (B) Transfer amounts shall be limited to the number of actual hours needed and used by the receiving employee. ~' 2009-2010 City of Petaluma / PPMA Unit 4 MOU g ~ ~~' (C) Any donated: sick leave: hours unused. by recipient. shall be returned to the donor. ~(D) ~~ Th~ ~ ~emplgy ~ ceivm~-_ .~ ~ ' the sick le mu e ee re g ave,transfer, st„.have zero (0) hours of accrued sick leave, vacation, and CTA leave on the books:. '(E) Employees may not~~buy or sell sick leave. Onlythe time may be transferred. ~(F) Employees may riottransfer sick leave upon separation of~service. '(G) Transfer of sick leave- shall be :allowed between.,all Units. H No more than nine 90 workda s of sick leave ma ~ be received b an em to ee for an O tY(-) Y y' Y p Y Y one illness. or injury. 13.5 Sick Leave`'- RetrementcPayout ,. In the event of the death. or ,retire menu of an,employee who has completed ten (10) or more years of continuous service with the City, the employee shall be paid: or shall receive to his/her benefit fifty percent (50%) of 'His/her accumulated but unused,, sick 1'ea~e not to exceed four-hundred- eighty (480) hours: The :employee may elect not to receive this benefit and instead place all sick cave hours .into the'CaIPERS sick leave conversion benef t. SECTION 14='><,'EAVES -INDUSTI2IAL,'I'NJU~RY LEAVE Benefits shall be payable in .situations, where miscellaneous employee absence is due to industrial injury as provided in California State Workers' Compensation Law..During the first three (3) workdays when the employee's, absence has been occasioned by injury suffered during Yu /her employment .and he/she receives workers' compensation,!fhts she shall receive full: pay. Following this period,.. sick leave may be a supplement to the workers' bene~ 'provided the employee. Compensation is at his/her regular rate for a period not to exceed six (6) months, or until such sick leave is exhausted, or the disability is abrogated, or that employee is certified "permanent and stationary" by a competent medical authority. The City shall pay him/her the regular salary, based~,on,,the combination of the; workers' compensation benefit plus sick ~~... leave. k leave for industrial 'injury shall ngt~be allowed for a disability resulting from sickness,, self.-inflicted, .Sic R~.. mjury; or willful,'msconduct. ' The City may retire any employee prior to the exhaustion of accumulated sick leave, at which time all accrue, sick ~leav d but unused tan e shall be: abro ated sub'ect -onl, dmg: g ~ _Y to the limitations provided under this Memorandum of Unders ~i' u~~ . ' ~ ~,.. SECTION 15 -.LEAVES =BEREAVEMENT' LEAVE An em to ee shall he ern~lo ee's~ imtnedgate famip to thirty-two (32) hours of bereavement leave in the event of death in ,p y ,, ly. For the purpose of bereavement. leave, immediate family shall mean spouse, qualified domesfic partner, :father, father-in-law, mother, mother.-in-law, brother,. brother-in-law, sister, sister-in-law, child (including stepchildren), step-parents,, grandparents and grandchildren or erson with whom the em to ee has arelationshi m loco arentis. U p ~ p y p ~ p „p to an additional eight (8) hours of accrued ..sick leave may be ,grante'd; to supplement bereavement leave. 2009-2010 City of Petaluma / PPMA Unit 4 NIOU 9 I In the event an employee must travel more than three-hundred (3 Q0) miles to attend a funeral or memorial service,, an additional eight (8) hours of bereavement leave shall be granted instead bf the use of eight (8) hours of sick leave. - ~,~ The City of Petaluma provides appropriate leave, in accordance with California Labor Code .Section 230. SECTION 17 -;LEAVES - MILITARY LEAVE The City of Petaluma shall grant military leave benefits to eligible employees in accordance with California's.. Military Leave Laws found in Military & Veteran's .Code 389 et seq., the Federal Uniformed Services Employment and Re-employment Rights Act (USERRA), found at 389 U.S.C. 4301 et seq., and the City of Petaluma Resolution No. 2004-200 N.C.S. Employees in the Ready Reserves of the .Armed Forces who are ordered to active military duty or training under Executive-Order 13223, shall have continued benefits, in effect throughout his/her active duty training for a period of three-hundred sixty-five (365) calendar days or until the- date of discharge from military service, whichever occurs first, unless this policy is changed by action of the City Council. SE'CTI'ON 18 =LEAVES -ELECTION OFFICER LEAVE AND VOTING LEAVE When an employee's actual work schedule otherwise would prevent the employee from voting in any State, County, or General election, the employee may be granted up to two (2) hours ofpaid time to vote, in accordance with Election Code 14.000. The employee must provide the City with at least two (2) working';day"s :notice that he or she will be taking time off to vote. SECTION 19 -LEAVES -SCHOOL VIS'ITAT'ION LEAVE Employees may take up to forty (40j hours in a year to participate in the child's school activities, in accordance with Labor Code seciion 230:8. SECTION 20 -LEAVES -LEAVE OF ABSENCE WITHOUT PAY The City Manager~.may grant a regular or probationary employee leave of absence. without pay pursuant to State and Federal Law. Good cause being shown by a written request, the City. Manager 'may extend such leave of absence without. pay or seniority or benefits for an additional period not to exceed six (6) months. ~No such -leave shall be .granted except upon written request of ,the employee setting forth the reason for the request; and the approval will be in writing. Upon expiration of a regularly approved leave or within a reasonable .period of time after notice to return to duty, the employee shall be reinstated in the position held at the time leave was granted. Failure on the part- of an employee on leave to report promptly at its expiration, or within a reasonable time after notice to return to duty shall be cause for discharge. '2009-2010 City of Petaluma 1 PPMA Unit 4'"MOU ~ 10 J ~ , ~; SECTION 21-LEAVES -JURY DUTY LEAVE Any employee summoned .for jury duty shall be entitled to a leave of absence with full pay for such period of time as~'may be required to attend the court in response to such sumrrions. Any employee may retain payment for travel but shall make payable to the City any .and all fees which the employee may receive in payment for service as a juror. For Grand Juries this compensation shall not extend beyond twenty (20) working days. SECTION 22 - EAMIL;Y CARE AND MEDICAL. LEAVE (F'MLA & CFRA) 22.1 FMLA and/or CFRA Leave The City shall provide family and .medical care leave for eligible employees as required by City policy, state and federal law and as specifically provided in the Federal Family and Medical Leave Act of 1993 (FMLA). and the California Family Rights Act of 1993 (CFRA). If possible,, employees must provide thirty' (30) days advance notice of leave. 22.2 FMLA and/or CFRA -:Second O ip nion The employee shall provide the City with a health care provider certification. The City, at City expense, may require a second opinion on the validity of the ,certification. Should a conflict arise between health providers; a third and binding opinion, at City expense shall be sought. SECTION 23 -LEAVES. - PREGNANCY'DISABILITY LEAVE. The. City shall provide pregnancy disability leave (PDL) for eligible employees as required by City policy and .applicable law and as ;specifically provided. in the Fair Employment and Housing Act and the Family Medical Leave Act. If possible, employees must provide thirty (30) days advance notice of leave. SECTION 24 - DISCRg1VIINATION, HARASSMENT, & RE~'ALIATION PROHIBITED The City and its employees are prohibited from discriminating against an applicant or employee because the employee is in a "protected, class" (based on age, race, etc.) in caking any personnel actions (such as hiring, promotion, discipline, ete,). Employees are prohibited from harassing any employees due to race, sex; :age; etc: The-City and its employees are prohibited from retaliating against an employee because 'the employee has ..filed 'a complaint of discrimination. or harassment or opposed actions by other employes that constituted.discrimination or harassment. SECTION 25 -REASONABLE ACCOMMODATION In accordance with the. California Fair Employment and Housing Act (FEHA) and the Americans with Disability Act (ADA), the City will reasonably accommodate any known protected disability of an employee. SECTION 26 - CALIFORNIA PUBLIC EMPLOYEES' RE'I'IREMENT.SYSTEM The City provides Miscellaneous employees with the two percent (2.0%) at fifty-five (55) formula retirement plan. The City's contract with Ca1PERS includes the following optional benefits: 2009-201':0 City of Petaluma / PPMA Unit 4'MOU 11 ~ ~'` ., , . 5, , 9 ,. • Third Survrvors.~B'enefiti as rovjided'm~Section 21573..-A n1 r ~ ~ 199 ) s provdd ~~ ~ ~ 20~9.~3';0.3 IJanua ). • .Military Service Credit., ' ~~' ed ire Sechoi ( rya ~'199p • One-YearFinal Comperes"afion as provideed in Section.20Q24.2 (November 1, 198:0), • Credit. for TJiiused Sick Leave,,as provided iii Section 208:62.80. (November 1; 1980). • .Cost of Living Allowance two percent ,(2%) as prodded in Section 21335 (April 1, 1971). • Retired Death Benefit of five hundred ($500)'~~~as,a,provided~:.in Section 2'1620 (December ~, 1969). • .Death Benefit Continues, as prodded ~i'n Section„'215<51 (January 1,;2000). Prior Se p ~I ~ eetion 20055 `January 1, 1`'9.50). • rvice Credit as i;ovided''"m ~S y p p • y ~' ibution paid to CaIPERS through The Cit.. shall continue to defer that ortion of -the em to ee s contrl' section 414(h) (2) of the Internal Revenue Code pursuant to City of Petaluma Resolution 90-363. N.C.S. SECTI0N.27-.HEALTH BENEFITS,-ACTIVE EMPLOYEES rActive Employes - PEMHCA Contribution _. 27.1 , ty Y P ~ ~ altli benefits through the rnia Public Employees' Retirement y ( ) des he' gr Califo ployees' Medical and Hospital Care fits Pro am under the Public Em 'S stem CatPERS Health.Bene ~~I Act (PEMHCA). 'The City's` employer contribution for each e. mployee's health benefits hall be the ;minimum required by PEMHCA. The City pays this contribution directly to CaIPERS. 27.2 ,Active Employees - Additional Benefi „, yees with an additio `The City shall provide active ernplo ' ~ ,real benefit in the amount of the Ca1PERS, emium amount° wiser =Bay Area/Sacramento for each employee and lus or her family Health Pr for h members: 27:3 Acfiwe Employees -Additional'. Benefit - January l , 2009 Effective January 1, 20Q9 the ,City shall provide active employees with. an additional monthly benefit calculated. as follows. the cost of the monthly- Ca1PERS Health Premium for Kaiser - -Bay AreaLSacrarrento, less the ~ ty';s PEIVIHCA contribution times ninety-five percent (95%) for each p y ~ ~ 9 the monthly ' am le ~ effective. Jareu 1 20'0 em lo. ee his nor here i y p , , ~ "; ~ ! ~ .,; '. .~ ,' _ ' g verage is~$50$.30. The additional benefit would remium the Kai"ser rate: foar siii e Health benefiteco p a Abe calculated.at $508.301'essr$1sQ1'00 tunes 95%= $386.94 ,, . ~~ ,: Additional'Benefit--Effective:Januaryl, 2Q09 Coverage 2009 Kaiser Rate City PEMHCA Contribution Maximum Additional Benefit Contributed:by the: City Single $508.30 $101.00 $3:86:94 ' ,~ ,~2-Parry $1;0'16.60„ , $10;1:00 _ $869'.82 ~ti, '-_ I Family ~ ~ . ~ $1,321.58 $101:00 ,' $1,15:9.55 ,~ , '27.4 ~ ,Additional."Benefit' '' Effective January l 20.10 ~~ Coverage ~~ ~ 2010~'Kaiser Rate Cit. PEMHCA y Contribution Maximum Additional Benefit Contributed by the. City Single ~ $532.56 $105.00 ' = $406..18 2=Party $1,065.12 $105.00 $912.11 Family ' $1,384.66 $1.05.00 $1;215.68 12 ~~~ j 2009-2010` City of_Petaluma / PPMA,Umt 4 MOU II a i , Ali iiq~,l I ~~ r '~il l~~. ~ 27.5 iEmployee Contribution Ernplgyees shall contribute to his/her Ca1PERS• Health Premium in the amounts less the City's PEMHCA contribution and less the additional,benefit;paid by the City. SEC'T'I®N 28 -HEAL'T'H BENEFITS - RETTREI) EIVIPL.®YEES 28.1 Retired Employees - Ca1PERS and PEMHCA The City currently provides health benefits through the. California Public Employees' Retirement System (Ca1PERS) Health Benefits Program under the Public Employees' Medical and Hospital Care Act (PEMHCA). In order for a retired employee to be eligible to receive health benefits through CaIPERS upon retirement; a,retiree must meet the following definition of "annuitant" under Ca1PERS law: (A) Employee must be.a member of Ca1PERS; and (B) Employee -must retire within one hundred-twenty (.120) days of separation .from employment with the City of Petaluma and receive amonthly retirement allowance from Ca1PERS. 28.2 "Uneq_ual Contribution" Method for Health Care Premium Payments for Retirees The City uses the, "unequal contribution" method for .health :care premium payments for annuitants (retirees), as permitted ,;under Government Code section 22892. Under this method, the City is required annually to increase the total monthly annuitant health care :contribution to equal. an amount not less than the number of years the City has been in the PEMHCA program multiplied by five percent (5%) of the current monthly employer contribution for active employees until the time the City's contribution for-annuitants equals the City's PEMHCA contribution paid for active employees. By way of explanation, for calendar year 2009, the formula for determining the City's PEMHCA for retirees is as follows: 15 years in the PEMHCA program x S% = 75% x $101 (minimum employer contribution for active employees for 2009) _ $75.75. For calendar year 2010, the formula for determining the City's PEMHCA contribution for retirees is as follows: 16 years in the PEMHCAy;program x 5% = 80% x $SO5 (minimum employer contribution for active empl'oyees~~~for 201'.Q) ='$84:00. - i ays this . contribution directly to CaIPERS. The retiree is required to contribute to the cost of The~C^~tYpl j11' '~ the health benefit coverage. The. retiree's monthly contribution shall be the cost'of the monthly health lbenefit premium less the amount of the City's contribution. 28.3 CaIPERS Annuitant -.PEMHCA Health Benefits ,. ,, In accordance with the PEMHCA:. provisions if an employee is a CaIPERS annuitant as. defined in ,, eceives health'benefits under the PEMHCA, the employee is eligible to receive Section 28.1: and;r , the City's PEMHCA contribution amount specified in Section 28.5 below, regardless of the number~of years of service with the City of Petaluma. - 2009-201.0 City of Petaluma / PPMA Unit 41VIOU 13 ~'a... ,. ,. 28.4 Less Than'20 Years of Service -Not Receiving PEMHCA Healtli,Benefits A retired employee. with less than twenty (20) .years of service with the City of Petaluma who is not enrolled in the Ca1PERS health benefit program does not,receive any retiree benefit from the City. 28.5 Less Than 20 years of Service - R'eceivin~ PEMHCA Health Benefits i0 ~ enty (20) years of service with the City of Petaluma who is a A' retired employee with, less thaa~~tw " CaIPERS annuitant as defined in Section 28.1 and enrolled in the Ca1PERS .health benefit program is eligible to receive the City's PEMHCA contribution amount according to the following schedule: Calendar Year Ci 's Monthl. PEMHCA contribution '.2009 $75.75 2010 ~ $84'.00,, rmined by the "unequal contribution" As dete _method formula or $85.00, 2011 whichever is eater , As determined by the "unequal contribution" method formula or $90.00, .2012 whichever is eater As determined by the `unequal contribution method formula or $95'.00, 2013 whichever is eater As det'e 1 contribut i y q ion" method formula or 20.14 s eater whichever $100.00 28.6 20 Years or More of Service -Not Receiving PEMHCA Health Benefits A retired employee with twenty (20) or more years of ,service with the City of Petaluma who is not enrolled in the Ca1PERS;health benefits program shall receive direct payments in the amount of one-hundred-twenty dollars. ($120.00) each month, effective the first month following the expiration of health benefit coverage. 28.7 20.Yearn or More of Service..- Receiving; PEMHCA Health Benefits A retired .employee with twenty (20) years or more of service with the City of Petaluma who is a Ca1PERS annuitant as defined in Section 2'8.:1 acid enrolled in the. Ca1PERS health benefit program shall receive a benefit payment of one-hundred-twenty dollars ($120.00) per month as specified. in this section. The City's.cash retiree.benefit is sent directly to the retiree. T g chart mdicates the amount of the City's PEMHCA contribution and the amount of ~he followin cash paymerif to,'tlie retiree in the coming years. Calendar City Monthly PEMHCA contribution City Cash Re`tiree,Benefit Total Benefit Year Amount 2009. $75.75 $44.25 $120.00 2010 $84.00 $3.6.00 $120.00 2011 As.determined by the "unequal Total benefit amount of ..$120.00 contribution" method formula or $85.00, $120.00 minus the City whichever is greater monthly PEMHCA ,. contribution- 2012 As determined by the "unequal Total benefit amount of $120.00 contribution"method'~:formula or $90.00, $120.00 minus the City or whichever is greater monthly PEMHCA contribution 2009-2010 City of Petaluma / PPMA Unit 4 MOU la ' '~ ,p, r I i I~~N II pry ~~~~~~ ii ~~I Calendar Year City Monthly PEMHCA contrib ,, ution ~'~~ City'Cash~Refiree Benefit Total Benefit Amount `20.13 As determined by the "unequal Total;,benefit amount of $120.00 contribution" method formula or $95'.00; $120.00 minus the. City or whichever is greater monthly PEMHCA contribution 2014• As determined by the "unequal Total ,benefit amount of $120.00 contribution" method formula. or $°120.00 minus the City „ $100:00, whichever is greater monthly PEMHCA .contribution ~: ~ ,,' ~It is the responsibility. of theretiree'to notify the City in writing if he or she is no longer participating in ;the CaIPERS health benefit program. Following receipt of the: written notice, the City will commence direct payment of the amount above 'at the beginning of the following month. SECTION 29 - CASK' IN_LIEIJ ®F HEALT>FI AND DENTAL BENEFI'T'S .,,., . Employees with health and or dental benefit insurance coverage from a source other than the City; or. employees with health and dental benefit insurance coverage from. a City employee, may, request cash''m'. lieu of health and dentate benefits To waive his/her covera e under the Ci , ''.`,be eligible for the cash in-lieu. benefit program, employees must. g ty s ,health and/or dental benef ts, agree to the terms and conditions of the cash in-lieu benefit program, and have written verification 'of `health and/or dental benefits insurance. The cash in-lieu amount for health coverage .shall be in the amount of fifty percent (50%) of the health insurance premium amount of'the CaIPERS Kaiser-Bay-Area/Sacramento that the City would otherwise pay for, the employee and his or her family members. The cash in-lieu amount for dental insurance benefits shall be in the amount of.fifty percent (50%) of the established~dental program composite rate. Upon declining, .medical. 'and/or dental insurance;. the employee will be required to meet the terms and conditions regarding the City's medical- acid/or dental plan. `If an employee decides to stop receiving, the medical/dental cash back and wishes to re-enroll. into. the City's medical and/or dental plan, then he/she must rneef they current terms and conditions of the City's medical and/or dental plan. The City cannot uarantee that once the em to ee lea e -enroll mhis/her rior lan anal undves.a particular medical sand/or ;dental plan; he/she may be able to p p er the same terms .and conditions of his/her prior plan. ~. !~.. ~ ~ ~ ~~, , ~ 'ui,~~~,,~ ~ ~. ~ SEC•TION"30 -SECT TON 125 PLAN The City of Petaluma has established and shall offer to eligible. employees an .Internal Revenue Code (IRC) Section 125 plan. The Section 125 plan is subject to federal law and plan provisions. The Section 125 Plan offered by the City provides employees with a tax savings through the following programs: . ~, ~;,~ I;A) Pre-Tax`Health Insurance Premiums This program allows employees to pay his or her share of health insurance premiums with pre-tax''dollars. 2009-2010 City of,Petaluma / PPMA Unit 4 MOU 15 ,•~ 2 (B) Flex Spending Accounts (FBAs) (1) Medical Reimbursement This program permits employees. to pay for' common; out-of-pocket medical expenses ,(not 'covered by insurance): such as deductibles, co-pays; and vision and dental care with pre-,tax dollars. .. (2) Deperident'Care~~Reimbursement This program permits employees to pay for most child. and or dependent care expenses with pre-tax dollars. SECTION 31-DENTAL INSURANCE The City shall provide a dental plan for the term of the Memorandum of Understanding and.-pay the total premiurri costs for the employee ,and eligible dependents. The- maximum benefit :amount i5 ~orie- thousand-five-hundred dollars ($1,5'00) per person per calendar year. Orthodontic coverage. shall be provided for dependent children under the age of nineteen (19) years and is 50% of the dentist's allowed fee (subj;ect to a'$1,000 lifetime maximum per person). SECTION 32 - VISI®N INS:IJ'RANCE "The City shall provide a vision plan for ernplgyees and eligible .dependents. The cost shall be paid for by the" City. Employees are eligible for eye exams every twelve (12} months with. atwenty-five ($25.00) deductible. ,Frames are availa'b'1'e ,every twelve (12) months with a maximum benefit of one-hundred twenty dollars ($120..00) and lenses are available every twelve (12) months with a maximum benefit of two hundred dollars ($200.00). ~i SECTION 33 -LIFE INSURANCE The City shall .provide employees with.life insurance in the amount of one and one-half (1.5) times the employee's annual salary rounded to the nearest even dollar, not to .exceed. seventy-five thousand dollars ($75,000.00). SECTION 34 - DISABILITY'INSURANCE 34.1 Short-Term.Disablity'Insurance -Voluntary The' City agrees that. employees in this Unit may, on a purely voluntary basis and .at his/her own expense, participate in AFLAC's short-term disability insurance, ~as long as the number of employees electing to participate in the program meets the minimum participation standards set by the carrier. 34.2 Long-Term`Dsabilty Insurance, The City shall provide °for a .long-term. disability plan at ninety (90) days after the designation is :met, with. the premium to be paid for by the City. •I II ,. 20,09-201,0'City of Pefaluma / PPIVIA Unit 4 MqU ~ i6 ~ , SECTION 35 - EMPLOYEE ASSISTANCE PROGRAM The City will provide an Employee Assistance Program, to employees and his/her immediate families. This licensed. counseling. service will. provide assistance and referral's for marriage and family problems, alcohol; and drug dependency, emotional,. personal, and stress-related concerns and other issues. All counseling services are confidential. SECTION 36 -DEFERRED COMPENSATION The City shall make available to members of this Unit the City's Deferred Compensation Plans. SECTION 37 - TRANSFERS/PROlV10TIONS RETREAT ENTITI;EMENT An employee who transfers or promotes to, another City position shall,, for a period of six (6) months, be entitled', to retreat to the job classification formerly held; as long as that position is currently unfilled. Such an employee shall not be subject to another probationary period, so long as the employee has successfully completed probation in the pre-promotional classification. SECTI®N 38 - PROBATIONARY:PERIOD All original, transfer, and promotional. appointments shall be subject to a probationary period. The probationary ,period shall be regarded as part of the testing process: It shall be utilized for closely ng the employee's; ,work performance. A probationary employee,, whose performance does not observi meet-the required tandards ofwork; may be rejected. a The initial probationary period for professional employees is twelve (12) months from the date of hire, pro'moti'on, and transfer. An employee's probationary period .may' be extended for six (6) months on a case-by-case basis based on the performance evaluation. Should an employee be on a leave of absence without pay, thee-.probationary period will be extended for that~time: During the. probationary period,. an~.employee may be rejected-at any time by the City Manager without cause and without the right of appeal: Any employee rejected during the probationary period following-a promotional or transfer appointment shall be discharged except _as provided in Section 37 Trarisfers/Promotions/Retreat Entitlement. Promotions .of employees`still.on probation will result in a new :probationary period for the class into which they individual was promoted: .. S ~'I®N 39~-°DISCIPLINARY AND APPEALS PROCEDURES ~~ E'C Employees ~ shall adhere to ethical standards in performing their duties and responsibilities, ensuring that public office is ,.not used for private gain; and all actions are impartial and non-preferential to any organization or individual. By observing these general principles, the employees help ensure the integrity of City operations. and programs. 2009-201 'ty nit4~MOU 17 0 Ci of°Peta'luma / PPMA 39.1 Work Performance and Professional Conduct .All employees are expected .to maintain a high standard of work performance and professional conduct. 39.2 Probatori'ary Employ , Probationary employees have no right of appeal of any, discipline and have no right to appeals procedures pursuant to this Section of the MOU. 39.3 Discipline and Exempt Status under Fair Labor Standards Act (F.LSA) Notwithstanding any provision in this MOU, any regular employee who is exempt from the overtime provisions. of the ,Fair Labor Standards Act' (FLSA) will. not be subject to discipline or penalty that is inconsistent with his or her FLSA overtime-exempt status. 39.4 Causes for Discipline ' Re ular em' to ees ma b ca ~ e exist P n t onl wh e disciplined, up to and including termination, for, good cause. Good y en there has been an improper act or omission by an employee in the employee's official capacity, but when any conduct, by an employee brings discredit to the City, affects the employee's. ability to perform duties, causes other employees not to be able to perform their duties, or involves any improper use of position for personal advantage or the advantage of others. The type of disciplinary action shall depend on the nature and.seriousness of the offense and other relevant factors. Causes for disciplinary- action, up to and including termination, may include, but sha1T not be limited to, the following: (A) Unexeused ~or unauthorized, absence or tardiness from work. (B) Use of wick leave. in a manner not. authorized or provided for pursuant to City policies. (C) Dishonesty or making any false statement, omission or misrepresentation. (D) Providing wrong or misleading information or other fraud in securing appointment, promotion or maintaining employment. (E) Misuse or misappropriation,of City resources, property, or funds. (F) The damaging of , .City property, equipment, vehicles, or the waste of City supplies . , through negligence or misconduct. (G) Discourteous;. disrespectful or discriminatory`-treatment of any member of the public or any City employee. (J~) Unsatisfactory job performance, neglect of job duties, ineffectiveness or inefficiency. (I) Insubordination. ~ isc osure o J f confidential City information to any unauthorized person. or entity.. ~( ) .. ~(l~) ~, `.Altering, falsifying; or tampering with a time sheet or any City record. (1) Violation of any ,provision of the City's 'Personnel Rules, any department roles, or .any ' Feder i ~~ ~ a1~,~~State or City rules, laws,. regulations, ordinances or-resolutions. ( ) g tY p y ~ - ,~ M Conduct unbecomin a Ci em to ee or conduct that impairs, disrupts or causes discredit.to~the City, the employee's'City°employment, onto the public service. (N) Engaging in unsafe conduct, endangering one's self °or others, or failure to follow safety procedures, policies: or standards. (O)', ~' Reporting to work impaired and/or not able to perform work duties. ~~ (P) ,. Fighting, assault, battery or engaging m any threatening- workplace behavior. ~~ 2009 ~ ty ~huna /~`PP _ -201.0 Ci of Pefa MA Unit 4 MOU 18 ~: "' (Q) Intimidation or interference with the rights of any employees. ~(R) Engaging in outside employment that .results in a conflict of interest with City employment. A conflict of interest is a situation where outside employment has a negative impact on an employee's obligations, duties. and responsibilities for the City. (S) Conviction of a felony, a misdemeanor involving moral turpitude, or any crime the nature of which has a direct bearing on City employment. Conviction shall be determined to be a determination of guilt of the accused by a court, including a plea of guilty or nolo contendre, regardless of sentence, grant of probation, or otherwise. 39.5 Types of Discipline The City may invoke appropriate discipline, which may include the following types of discipline: (A) Verbal Counseling Verbal counseling is not part of an employee's personnel file. (B) Documented Verbal Counselin Memo A documented verbal.counseling memo may or may not become part°of an employee's personnel. file, and may not be appealed. If the documented verbal counseling memo does become. part of an employee's personnel file, after at least atwo-year period an .employee may request that. the memo be removed and destroyed. The request for removal/destruction must be submitted in writing to the Department Director with a copy to the Human Resources Manager. The memo will be removed and destroyed when: 1. The employee's personnel file does not contain any subsequent memos of corrective action; and, 2. There is no other current or pending corrective action at the time the employee submits his or her written request to the Department Director. (C) Written Corrective Action Memo A written corrective action memo may or may not become part of the employee's personnel file. An employee may respond to a written corrective action memo but may not appeal a written corrective action memo. If the written corrective action memo does become part of an employee's personnel file, the written memo shall~include the basis for the correction along with all other relevant documents. .Before the` written corrective action ,memo is placed ins his or her personnel file,. an. employee may, within thirty (30) calendar days of receipt of the written corrective action, respond to„ his or her bepartment Director in writing or orally. If the employee chooses, he or she may also prepare a written response .and have it placed with the written corrective action memo in his or her personnel file. j Dj Written Reprimand A written reprimand shall be retained in the employee's personnel file. An employee may respond to a written reprimand but may not appeal a written reprimand. 2009-2010 City of'Petaluma / PPMA Unit 4 MOU 19 ~ ~i A written reprimand shall include the basis for the reprimand along with all other relevant documents. Before the written reprimand is placed in `his or her personnel file, an employee. may, within thirty (30) calendar days of receipt of the written reprimand, respond. to his or her Department Director either in writing or orally. If the employee chooses, he or she .may also prepare a written response .and. have it placed with the written reprimand in his or her personnel file. (E) Suspension WithoutPay The Department Director may suspend an employee from. his or her position for cause. Documents related to a suspension shall become part of the employee's personnel file. An employee subject to suspension will receive prior written notice and appeal as provided herein. The Department Director may reduce the pay of an employee for cause. Documents related to a reduction in pay shall become part of the employee's personnel file. An employee subject, to reduction in pay will receive `prior written notice and appeal as provided. herein. .ELBA-exempt employees are not subject to reduction in pay except in: a) whole work week increments for any reason; b) whole work days for violation of a workplace conduct rule; or c) any length of time for violations of major safety rules. (F) Demotion The Department Director may demote an employee from his or her position for cause. Documents related to a demotion shall become part of `the employee's personnel file. An employee subject 'to demotion shall be entitled to prior written .notice and appeal as provided herein. (G) Termination A Department Director may recommend the termination of an employee. from his or her position for cause and the City Manager may terminate an employee from his or her position for cause: Documents related to termination shall become part of the employee's personnel file. An employee recommended for termination or terminated shall be entitled to prior written notice and appeal as provided herein... (H) _ Other Discipline Employees may be subjected to any other disciplinary action that is deemed.;appropriate by `the .City. ,3;9.6 '.Salary ..Reduction A regular employee recommended for a suspension without pay for forty (40) hours or less, reduction in pay~~ equal to or less than an annual five percent (5%) salary reduction, or temporary demotion equal fo or less than an annual five .percent (5%} salary reduction shall have the right to the disciplinary procedures outlined in this Section. An employee shall not have any appeal rights with respect to verbal counseling, documented verbal counseling, written 2009-2010 City of Petaluma /.P.PMA Unit 4 MOU ao ~„ ~; corrective action, written reprimand, or any disciplinary action that does not create a monetary impact for the employee. (A) Notice of Intent to Discipline • The employee will be provided. a written notice of intent to discipline that contains the following: 1. The' level of discipline intended to be imposed; 2. The specif c charges upon which the intended .discipline is based; 3, A summary ofthe;misconduct upon which the charges are based; 4. A copy of all written materials, reports, nor documents upon which the intended discipline is based; 5. Notice of the employee's right to respond to the Department Director regarding the charges either orally during an informal conference, or in writing, or both; 6. The date and time by which the employee. may respond to the Department Director; either orally during the informal conference, or in writing, or both; and 7. Notice that the failure to respond at the time specified shall constitute a waiver of the right to respond prior to the imposition of discipline. (B) Employee's Response. An employee who disputes the intended discipline may request a conference with the Department Director within seven. ('7) calendar days of receipt of the notice of intent to discipline. The Department Director or his or her designee shall convene the .conference within fourteen (14) calendar days, unless a different date is set by mutual agreement, following receipt of the employee's request fore a conference. The employee may have a representative present during" his, or her conference with the Department Director or designee. The conference will be an informal meeting at which the employee has an opportunity to rebut the charges against him or her and ,present any mitigating circumstances. The Department Director will consider the employee's response before taking any final disciplinary action. The employee shall have no further right of appeal. (C) Final Notice of Discipline Within ten (10) calendar days after considering the employee's response, or after the expiration of the employee's time to respond to the .notice of intent, the Department Director shall:: a) dismiss the notice of intent and take no disciplinary action against the employee; ;,~ b); ,modify the intended disciplinary action;. or c) impose the intended ~~ discpoliee~a notion. In an event the De ~ artrrient Director shall prepare and provide the Pl ~ e, Y P em'° y that contains the following •1. The: level. of discipline, if any, to be imposed and the effective date of the discipline; . 2 The. specific charges upon which the discipline is based; ,' 3 ,, `° A summary of `the misconduct upon which the charges are. based; 4 ~ ~~ ,, A~~copy,of'all,written materials, reports, or documents upon which the discipline is based; and 5. A statement that the Department Director's decision is final and the employee does not have further right to appeal.. ~ ~ 2009-20U0 City of Petaluma L PPMA Unit 4 IVIOU 21 u ~ ~~ ., . , ~ ~ ~, 39.7 Disciplinary Procedures for Recommended IDiscplinary Actions for Suspensions without Pay for More than Forty (40~ Hours; .Reduction In Pa~qual to More than an Annual Five Percent. (5%) Salary Reduction Demotion Equal to More than an .Annual Five Percent (5%) Salary Reduction or Termination A regular employee recommended for a suspension without pay for more than forty (40) hours, reduction in pay equal to mores than aril annual five percent (5%) salary reduction, demotion equal to more than an annual five percent (S%) salary reduction or termination shall have the right to the disciplinary and appeal,'proeedures outlined in this Section. (A) Notice of Intent to Discipline The employee will be provided a written notice of intent to discipline that contains the following: 1. ~ The level of:discipline intended to be imposed; 2: The specific charges upon which. the intended discipline is based; 3. A summary,of the misconduct upon' which the charges are based; 4. A copy of all written materials; reports, or documents upon which the intended discipline is based; 5. Notice of the employee's right to respond o the Department Director regarding the charges ether'orally during an informal conference, or in writing, or both; 6. The date and. time by which the employee may respond to the Department Director,. either. orally during the informal conference; or in writing,. or both; and. 7. Notice that the failure to :respond at the time specified shall constitute a waiver of the right o respond prior to the imposition of discipline. (B) Employee's Response An employee who disputes the intended discipline may request a conference with the Department Director within seven (7) calendar days of receipt of the notice of intent to discipline. The Department Director or his or her designee shall convene'the conference within. fourteen (14) calendar days, unless a different date is set by .mutual agreement, following receipt of the ernploy_ee's request, for a conference. The employee may.have a representative. present ,during 'his or her conference with the Department Director or designee. The conference will be an informal meeting at which the :employee has an opportunity to rebut the charges against him or her and. present .any mitigating .circumstances. The Department Director will consider the employee's response before making a decision on the notice of intent to discipline. (C) Written Notice of Decision to Discipline Wrthm ten°"(10} calendar days after considering the employee's response,. or after the expiration° of ^ the, employee's time to respond to the notice of intent, the Department .Director shall: a) dismiss the notice of intent and take no disciplinary action against ,the employee; b) modify the intended disciplinary action; or c) impose the intended disciplinary action. In any event, the Department Director shall prepare and provide the employee a notice that contains the following: 22 ' 2009-201 ~ City of Petaluma / PPMA" Uriit 4 MOU O 1. A statement of the Department Director's decision; 2. The level. of discipline, if any, to be imposed and the effective date of the discipline; 3. ,The. specific charges upon which'the discipline..is based; 4. A summary of the misconduct upon which the charges are based; 5. A copy of all written materials, reports, or documents upon which the discipline is based;, and 6. A statement of the nature of the employee's rightto appeal. '(D) Appeal to the Cty 1Vlanager A regular employee may appeal a Department .Director's written notice of decision to discipline by delivering a written request for appeal to the City Manager. The written request for appeal -must be received within ten (10) calendar days from 'the Department Director's notice of decision to discipline. (E) Evidentiary Hearing -The City 1Vlanager or Designee The City Manager has authority to conduct an .evidentiary hearing and to affirm, modify, or revoke the` `discipline. The City Manager may delegate the conduct of the evidentiary hearing to an Advisory Hearing Officer, who shall provide the City Manager an advisory decision in writing. within sixty (60) calendar days after the, completion of the hearing and the receipt of'briefs; if any. The City will be responsible for paying the Advisory Hearing Off cer's fees. (F) Evidentiary Hearing -Date and Time The City Manager or Advisory Hearing Officer will set, a date for an evidentiary hearing within a reasonable time after receipt of a timely written request for appeal. An employee who, having filed `a timely written request for appeal, and who has been notified of the time and place of the appeal hearing, and who, fails to appear personally at the hearing, may be deemed to have abandoned .his or her appeal. In this case, the City Manager may dismiss the appeal. (G) Written Findings and Decision The City Manager shall render a statement of written findings of fact and decision after the hearing has -been completed and the briefs, if any, have been submitted. If the City Manager has delegated the hearing to an Advisory Hearing Officer, the Advisory Hearing '4 Officer shall render ~a proposed statement of written findings of fact and decision to the City, Manager. The City Manager .may accept, modify, ,or reject the Advisory Hearing ' ' ~ Off cer's ~ ro ° osed statement of written .findings and decision. The City Manager shall p P. render a finial statement of written findings and decision. (H) Administrafiwe Procedures The City Manager may establish any administrative procedures'he or she deems necessary to carryout the intent of the appeal process. 2009-2010 City ofPetaluma / PPMA Unit 4 MOU 23 SECTION 40~-GRIEVANCE PROCEDURE 40.1 Purpose. ofthe Procedure The purpose of the grievance procedure is to process and; resolve grievances arising out of the interpretation, application; or° enforcement of the express terms of this agreement; to promote improved, employer-employee relations by establishing procedures-for resolving such grievances; to afford employees individually or through his/her recognized employee organization a systematic -means of obtaning'~further consideration of such grievances after every reasonable effort. has failed to resolve "them through discussions; to provide that the ,;grievances shall be settled as near as possible to the point of origin; fo provide that-the grievance procedure shall be conducted as informally as`possible. ";Grievance" is defined as any dispute concerning the interpretation, application, or enforcement of the express terms of this agreement (not including disputes regarding, or appeals of disciplinary actions). 4.0.2 Conduct of Grievance Procedure (A). The time limits specified below may be extended to a definite date by mutual agreement of the employee, his/her.representative, and the reviewer concerned. (B) The employee .may request. the assistance of another person of his/her own choosing in preparing and presenting his/her grievance at any level of review. (C) The employee and his/her representative may be permitted to use a reasonable amount of work time as determined. by'the appropriate Department Director in conferring about and presenting the grievance. (D) Employees shall not be retaliated against. for using.: the: grievance procedures. 4.0.3 Grievance Procedure (A) Step One An employee who has a grievance (as defined above) should first try to get it settled through an~~:nformal discussion with his/her immediate supervisor without undue delay. TheM.' P eyto thest present the grievance wrthirithirty (3Q) working days of the event(s) . ~~° g g o "ee rnu grievance or the grievance shall be' deemed untimely:. Every effort ivm ris` . should be made to find an acceptable solution by informal means at 'his/her lowest possible level of supervision. t If the',,employee is not in agreement with the decision reached by the. informal discussion in, Step One, the' employeeshall have the right to elevate the grievance to Step Two. To elevate>'to''Step Two, the employee shall subm'it' a written grievance within ten (10) working, days after the informal discussion with the :immediate supervisor. The written gnevance shall specify the term of the agreement at issue and the factual basis of the ~~ ', ,. nit 4 ~MOU ~ ~ 24 2009 2010, City of Petaluma /:PPMA U a '~ ~w n ~, t grievance. The immediate supervisor shall render a decision in writing and return it to the employee within ten (10) working days after receiving the written grievance. If the employee is not in, agreement with the written decision rendered by his/her immediate supervisor, the employee shall have the right .to elevate the grievance to Step Three. If the employee does not receive a decision in writing from his/her immediate supervisor within fifteen (1:5) working days of the employee's. submission of the written grievance, the employee may elevate the grievance to Step Three. Failure of the employee to take further. action within the days specified shall be considered by the City as dropping the grievance. (C) Step Three. To elevate to. Step Three, the employee shall present the written grievance within ten (10) working days after receiving the immediate supervisor's written decision, or if no decision is rendered; within fifteen (15) working days of the employee's submission of the written grievance to his/her immediate supervisor.. If the next level of supervision is not a Department Director, the next level supervisor, or manager shall discuss the grievance with the, employee; and his/her representative if requested, and any other person the supervisor or manager deems appropriate. The supervisor or manager' shall `render a decision in writing, and return it to the employee within ten (10) working days after receiving the written grievance. If the employee is not in~ agreement with the written decision rendered by his/her supervisor or manager, the employee shall have the right to elevate the grievance to Step Four. If the employee does not receive a decision in writing from his/her supervisor or manager within. fifteen (15) working days of the employee',s submission. of the- written grievance, the.employee may elevate the grievance to Step Four. Failure of the employee to take further action within the- days specified shall be considered by'the City as dropping the grievance. ~~~(D) ~~~ Step~~Four;~~a, ~ , ~~ To "elevate tb 'Step Four, the employee shall present the written grievance within ten (10) working days after receiving the supervisor or manager's written decision, or if no ` ' within fifteen (15) working days ,of the employee's submission of decision is rendered, the:"written~~,~grievance to the supervisor or manager. The Department Director shall discuss the grievance with the employee, and his/her representative if. requested and any other person the Department Director deems. appropriate. The Department Director shall render a decision in writing, and return ~it to the employee within ten (10) working days after receipt of the written grievance. If the 2009-2010 City of Retaluma / PPMA iJmt 4 MO,U ~ ?5 2 employee is not in agreement with the written decision rendered by his/her Department Director, the employee shall have the right to elevate the grievance to Step Five. If .the; employee does not receive a decision in writing from his/her Department Director within ffteen (15j working days of the .employee's submission of the written grievance, the employee may elevate the grievance to Step Five.. Failure of the employee to take further- action within the days specified shall be considered. by the City as dropping the grievance. . (E) Step Five To elevate to Step Five, the employee shall present the written grievance within ten (10) working days -after receiving the Department Director's written decision, or if no decision - is rendered, within fifteen (15) working days of the employee's submission ofthe written grievance to the Department birector. The City Manager, or a designated representative,. shall discuss the grievance with the employee, and his/her representative if requested, and with other appropriate persons the City Manager deems appropriate. The City Manager may designate afact-finding committee or officer not in the normal line of supervision, to advise him/her concerning the grievance. The City Manager shall render a decision in writing to the .employee within twenty (20) working; days -after receipt of the written grievance. The City Manager's decision shall be final. SECTION 41- LAYOFF.AN~l)'RECALL 41.1 Layoff Application Should the City decide, for labor cost-control reasons, to permanently eliminate bargaining Unit work by permanently replacing., existing bargaining Unite positions with contract or subcontract employees to do the same work under similar conditions of employment ("Work Elimination"), the City agrees to notifythe employees fourteen (14) days prior to implementation of the work elimination, in order to allow the employees to meet and confer with respect to the effects of the proposed action upon. the employees and to propose effective economical, methods, if any, by which such work could 'continue to be provided.. by the City's own employees. The City will encourage contract.. firms to provide laid off employees' preference in hiring for contract work. 41.2 • Lavof£-- Emplo, eight, Whenever, m the„judgment of the City Council, it becomes necessary to abolish any position of employment•''due to a re-organization onto separate. employees due to lack of.work or funds, the employee holding such position• or employment may be laid off or demoted; without disciplinary action and without the .right of appeal. 41..3 L,ayoff - Employee Notification Employees: to be laid off shall be given at least fourteen (14) calendar days' prior notice. ;'k 'dl.. 2009-20 TO City of Petaluma /PPMA Unit 4 MOU 26 "" ` • `~ 41.4 Layoff -'Vacancy and Reclassification 'Except as a,otherwise provided, whenever there 'is' a reduction in -the work force, the appointing 'authority shall first demote to a vacancy, if any;' in a lower classification for which the employee Iwho is the latest to be ~ with Section 41.5 is qualified. All persons so laid off in .accordance 'demoted, shall have his/her names placed on the re-employment list. 41.5 Layoff =.Employee Rights An employee affected by layoff shall have the right: to displace an employee in the same department who has less seniority in 1) a lower classif cation in the ,same classification series or in 2) a lower classification in which the affected employee once had regular status. For the purpose of this section and Section 41.6, seniority includes all. periods of full-time service at or above the classification' level where the layoff is to occur. 41.6 Layoff =Seniority In order to retreat to a former or lower classification, an employee must have more seniority than at least one (1) of the incumbents in the .retreat classification, be .qualified to hold the retreat classification or have served in the retreat classif cation. prigs. to the layoff and request displacement action .in writing tg the Human Resources office within .five. {5) working days of receipt of notice of'layoff. ~~,~ Employees within each,:~~ category shall be laid off in reverse order of seniority within the classification series Sc'riority °for the retreat classification. wguld be the. combination of time served (at or 'above) in the: 'layoff classification and any prior time served in the retreat classification. Ties will be broken based upon seniority o'f total City service. Employees retreating to .a lower ,or similar classification shall be placed at the salary step representing the least loss gf pay, In no case shall the .salary be increased above that received in the classification from which the employee was laid off. Employees ,retreating to a lower or similar classification sha'll' serve a probationary period in the new .classification unless they have previously completed a probationary period in the retreat classification or a higher classification in the series. „ . 41:7 ° 'Layoff - Order'.`of In each cl ' assific'afion of position. within the competitive :service, employees shall be laid off according 'tg employment status in the following order: temporary, provisional, probationary, :end regular': `Temporary„ provisional, and probationary employees shall be laid off according to the .needs of i:he service as determined by the appointing authority. ~~ 1 41 8 Reca 11 ' Re-Employment~'List. The names of~persoris laid off or demoted in accordance. with these rules shall be entered upon a ":re-em loymerit' list.~~ Lists"~ from different departments or at different times for the same i,~ p c,lassficatiori Hof position shah be combined into a single list`based on seniority. Such list shall be 2009-201,0 City of Petaluma / RPMA Unit 4 MOU 27 ,. ,. used by every appointing. authority when a vacancy arises, based on seniority, in the same or Power classification of position before certification is made from an eligible list.. 41.9 Recall -Duration of. Re-Employment:List N erson ames of p s laid off shall be carried on a re=employment list for two (2) years. SECTION 42 -EMPLOYE'E' PERSONNEL ")FILE 42.1 Employee Personnel. File -,Ri~;ht to,Inspect An employee (or employee. representative with written authorization from the employee) shall Have the right to inspect and review his/her employee personnel file.. The employee's personnel file shall be made available to the employee for inspection and review at a mutually agreeable time between the employee and Human Resource office staff member. 42.2 Employee Personnel File-- Acknowledgement Adverse Comments Before any adverse comments are placed in an employee's personnel file, the.employee shall be given a copy of the material to be placed in his/her fife,. and written notice that the material will be placed in his/her personnel's f le. The material shall contain either a written acknowledgment that the employee has received. the material and the notices or a statement signed, by the person who delivered the material that the employee refused to °sgn ..such an ~ acknowledgment: The employee may write a response to the document containing the adverse comment for placement in his/her personnel file. SECTION 43 - OTHER 43.1 Performance Evaluations (A) Performance evaluations. are .a process designed to acknowledge the performance of an employee. (B) A probationary ;employee shall receive at least. one (1.) performance evaluation during his/her probationaryperiod at or near the midpoint of the probationary period. (C) An employee who disagrees with his/her performance evaluation shall., be given ' opportumty to submit ~a written response to the evaluation. The response will accompany the performance `evaluation. ',in -the .employee's personnel file. The, contents. of a performance evaluatiori shall not be subject to the provisions ofthe Grievance Procedure of this agreement. 43.2 Safety'Committee .. The City agrees that it .has the obligation to take reasonable. steps to .furnish employment and a -place of employment which is safe and healthful for its employees. The Unit .employees may report to the City any condition, which. it perceives to be a working condition, which is less.. than. safe, or healthful. Upon receiving' such a report, the City agrees to meet with the Unit employees to discuss the reported condition.. ~: 0,09 2 ~ U 2s ' 2 OPO City of Petaluma / PPMA Umt 4 MO ~ ,, ~~ ;' III' " ~J °. ~~ , ~~~ ~~ ~~~ ~„ SECTION 44 -MUTUAL ACCEPTANCE AND REC®MMENI)ATI®N The parties affix his/her ,signatures as constituting mutual acceptance and recommendation of this Memorandum. of Understanding to become effective July 1, 2009 upon acceptance and approval of the City Council. PETALUMA PROFESSIONAL & MID-MANAGEfl2S ASSOCIATION ~~ c~~,c,-t.~ a Katie Crump, President, PP Tim Williamson, Vice-President, PPMA PPMA/ Lead Negotiator Don S PPMA Simmons, Members-at-Large, PPMA ~CIQTY OF-P~ETALUMA l GvY1'1 G~J Pamala';Stephens, Human Resources Manager Scott Brodhun, Assistant City Manager Date ~ ~~ Date yrz9~,~~ Date ~~ Date Z f~ Daf o~ -moo -a©~~ Date Date 2009-20'1:0 City of Petaluma./PPMA Unit 4 MOU z9 `~'"~ .J EX>FIIBIT A -Salary Table Unit 4 -Professional Salary Ranges Effective July 1, 2009 C'lassif-cation 1 2 3 ~t _ ccountanf $27.4:6 $8:83 $30.27 $31.78 $33.37 Accountant Analyst $29.72 $31.21 $32.77 $34.41 $36.13 Assistant Engineer I $2$:55 $29.98 $31:4,7 $33.05 $34.70 Assistant Engineer II $33.32 $34,.,99 $3'6.74; $38:57 $40.50 Assistant Planner $28.31 .$29.72- .$3'1.21 $32.77 $34.41 Associate Civil Engineer $3.8.11 .$40.01 $42:01 $44:.11 $46.32 Associate Planner $32.00 $33:60 $35.28 $37.04 $38.90 Financial Analyst (CIP) $28.55' $29.98' $31:47 $33.05 $34.70 Geographic Information System Analyst $31.94 $33.54 $35.2'1 $36.97 $38.82 Information Technology Specialist:III $35.03 $36`.7.8_ $38..62. $.40.55_ $42.58 Inspection Supervisor ~ ~ $3.7.64 $3:9.52. .$41..50 $43.57 $45.75 Neighborhood Preservation.Coordnator .$32.00 $33.60 $35.2,8 $37.04 $38.90 Programmer Analyst ~ ~ $32.58 $34.21' $35.92 $37.72. $3.9.61 Project Manager -Green Building $36..30 $38.11. $4Q:02 ' $42.02. $44..12 Recreation Coordinator $20.04 $21:04 $22.09 $23.2Q $24.36 Risk Claims Administrator $29:.43. $30:90 $32.45 $34.07 $35.77 Senior Accountant $35:68 $37.47 $39.34 $41.31, $43.37 Senior Environmental Chemisf~ $29.72 ,$31.21 $32.77 $34.41 $3'6.13 Water Conservation Coordinator $32.00 $33..60 $3.5'.28 $3,7.04 $38.90 2009-2010 City of Petaluma / PPMA Unit 4, MOU 30 ,`~ ~,