HomeMy WebLinkAboutAgenda Bill 2.C 10/18/2010~~L;~
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~~ DATE': ~~~ ` ~ October 18,'~~20~~10 "
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TO: Honorable Mayor and Members of the City Cou`nc~il through City Maanager
FROM: Pamala Stephens, Human .Resources Manager 7"• ~~.a/
of the 1Vleinorandum of Understandmg,,executed by the City and the
SUBJECT: Ratification
' Petaluma Professional and Mid-Mangers Association for employees of Unit 9 -
Mid=Managers
I~COM1Vl<ENDA`TION
It is recommended that the ;City:.Council adopt the attached Resolution,ratifying the
Memorandum of Understanding (1VIOU) executed by the duly authorized. representatives of the
City and the `Petaluma Professional and Mid-Managers Association Unit 9 -Mid-Managers.
>BA~CKGROUND
Prior fo March 30, 2009, Uriif 9~=Mid=Managers 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. Ori
'~ Relations Officer folrmall g ecotinign for recognition, the City Manager/Municipal Employee
y ~. g _ ed the Professional and Mid-Managers Association as the
employee organization representing Unit 9Mid-Managers 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
r ,~„- Re ulations,the Crty°and the Petaluma Professional a tigers Association met and
g nd Mid„Man
conferred and reached agreement:on the,terms and conditions of employment fo`r the contract
!' period July 1,_2009 through Jurie 30, 2010. Those terms and conditions are outlined in a Unit 9 -
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..Mid-Managers; :Memorandum of Understanding.
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Man ~ of ~~a ,
y p 'oh Compensat on Plane Howeverothere are some hann~e ~thatOwere a he same as those
in the " r ~ r ~ g ~ greed upon
between,the parties. ;S'ome of the more significant changes. included new contract.language
providing, association and management rights and revised language outlining disciplinary and
Agenda;Review:
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Finance Director
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City Manager
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appealsprocedures. Other`chariges included providing employees with fourteen days notice in
the~event of layoff aril the Gity's agreement to encourage contract firms to provide laid off
employees' preference in hiring for contract work.
FINANC><AI. IMPACTS
There are no changes to salary. Health premiums for the Kaiser plan increased by 4.56%
effective January 1-, 20'10, 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 Ca1PERS 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 9 for the period
January through June 2010 (6 months) was $8,344. Annualized, this amount would be $16,687. The
Unit 4 MOU is on a fiscal. year basis and Ca1PERS 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.
A rlrlitinnal Ranefit - F:ffentive Tannarv 1 2(109
City PEMHCA Maximum Total
Coverage 2009 Kaiser Rate
Contribution Additional Benefit City
Contributed b the Ci Contribution
Single $508.30 $101.00 $386.94 $487.94
2-Party $1,016.60 $101.00 $869.82 $970.82
Family $],321.58 $101.00 $1,159.55 $1,260.55
4rlrlitinnal Ranafit _ FffPCtive iannarv 1 2(11(1- 4 SFi% increase
City PEMHCA Maxtrrium Total
Coverage 2010 Kaiser Rate Contribution Additional Benefit City
Contributed b 'the Ci Contribution
Single $532:56 $105.00 $40b.18 $511.18
2-Party $ I ,Q65._12 $105.00 $9.12.1.1 $1,017.11
Family $1,384.66 $105.00 $1;215.68 $1,320.68
ATTACIIMENTS
1. ~ Resolution Ratifying MOU Executed by the„Duly Authorized Representatives of the City
and the,.Petalufna Professional and Mid-Managers Association for Employees of Unit 9 -
Mid-Managers
2. Unit 9 - MOU between'the. City of Petaluma and :Petaluma Professional and Mid-
1Vlanagers Association -July 1, 2009 through Jurie 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.
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ATTACHMENT 1
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Resoflutgoa~ 110.2010-XX 1~1C:~.
of :the C~~y ®1 Petaflurna, Caflifo~-~a.
RESOLUTION RA'PIFYING NIEMORANDUNd OF UNI)ERS'I'ANDING
EXECI<7TED B~' 'I`IIE DULY AUTHORIZED REPIZESENTA`TIVES
OF 'I'IIE CITT' ANI) '1('1FIE PETALUMA PROFESSIONAL ANI) MID-MANAGERS
ASSOCIATION FOR EMPLOYEES OF UNIT'9 (1V1<ID-NYANAGERS)
WIIEREAS, 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 9, 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,
W)EIEREAS, 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, Resoluton,No. 5512 N.C.S. and recommend its approval by the City
Council; and,
W>EIEREAS, 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' cgmpensation and,
WIIEREAS, the City 1Vlanager has reviewed and concurs with said Memorandum of
Understanding for Unit'9 arid,does recommend that the City Council ratify said Memorandum of
Understanding.
NOW,,TII'ERE~FOI2E, CBE IT' RESOLVED that the Memorandum of Understanding,
being in the best interests of'~the'~Ci'ty, is ratified and the terms andconditions of said
' Nle~crioraridum' of Understanding shall be effective July 1, 2009 through June 30, 2010.
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ATTACHMENT 2~ ~ ~~ ~~ ; ~~
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NIEII~OI~ANDl1Nl OF UNDERSTANDING
between
CITY OF PETALUIVIA
anal
PETALUIVIA PROF°ESS~IONAL AND MID-fVIANAG`ERS ASSOCIATION
JULY 1, 2009 THROUGH JUiVE 30, 2010
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- UNIT 9 - I!!II®-MANAGERS,
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Section - Provision Page
PREAMBLE ' ~ , ~ 1
SECTION 1- TERM OF AGREEMENT 1
1.1 Term of Agreement -Effective Date 1
1.2 Term of Agreement - Notice of Successor Memorandum 1
SECTION. 2 =GENERAL PROVISIONS 1
2.1 Association Recognition 1
2.2 City Recognition 1
. 2.3 Compliance with FederaUState Laws 1
SECTIONS -ASSOCIATION RIGHT'S- 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
Advance Notice
3.5 Association.Rights--;;
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3,6 Association Rights,,-,,,List of Employees - 3
SECTION 4 -ASSOCIATION DUES DEDUCTIONS 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
6.3 Salary -Emergency Operation Center 4
SECTION 7 -SPECIAL COlVIPENSATION 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 -ALTERNATE WORK. WEED 4
SECTION 9 -PART-TIME POSITION 5
9.1 Part-time Position -Definition 5
9.2 Part-time Position -Seniority 5
y.3 Part-time Position -Pro-rated Leave and Benefits 5
9:4 Part-time Position -Merit Pay; Step Increases, and Probationary Period 5
SECTION 10 -HOLIDAYS. 5
10.1. Holidays -Fixed Holidays 5
102 Holidays =`Floating Holidays 6
.SECTION 1.1-'VACATION 6
11:1 Vacation - Accrual 6
anon =-Scheduling
11.,.2 Vac 7
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l 1,.3 Vacation ~-Deferral
7
11..4 Vacation -Usage 7
- 11.5 Vacation =`Payment at Separation 7
SECTION 12 _ I'EAVES -SICK LEAVE 7
12.1 Sick Leave.-Eligibility 7
12.2 Sick Leave -Accrual 7
2009=2010 City of Petaluma / PPMAUnit 9 MOU 1 ~
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1"2.3 Sick.Leave -Notification Procedures ~ ~ 7
1'2.4 Sick Leave -Transfer ~ 7
1,2.5 Sick Leave -Retirement Payout, 8
SECTION 13 -LEAVES.- INDUST~RIAI, INJLTI2Y LEAVE. 8
SECTION 14 -LEAVES - ADMINISTRATIVE LEAVE 8
14.1 Administrative Leave -Annual Credit of Leave 8
14.2 Administrative Leave -Pro-Ration of Leave Hours
. 8
14.3 Administrative Leave- Annual Payment for Unused Leave 9
14.4 Administrative Leave -Payment at Separation 9
SECTION 15 -LEAVES - BEREAVEMENT LEAVE 9
SECTION 16 -LEAVES -VICTIMS OF DOMESTIC VIOLENCE 9
"AND SEXUAL ASSAULT LEAVE
SECTION 17 -LEAVES -MILITARY LEAVE 9
SECTION 18 -LEAVES -ELECTION OFFICER LEAVE AND 9
VOTING LEAVE
SECTION 19 -LEAVES;=SCHOOL VISITATION LEAVE 10
SECTION 20 -LEAVES -LEAVE OF .ABSENCE WITHOUT PAY 10
SECTION 21-LEAVES -JURY DUTY I;EAVE - 10
SECTION 22 -FAMILY ,CARE AND MEDICAL LEAVE (FMLA & CFRA) 10
22.1 FMLA and/or CFRA Leave 10
22.2 FMLA and/or CFRA -Second Opinion 10
SECTION 23 -LEAVES;-,PREGNANCY DISABILITY LEAVE 10
SECTION 24 -DISCRIMINATION,, HARASSMEN`T', AND 10
RETALIATION PR®HIBITED
SECTION 25 -REASONABLE ACCOMMODATION 11
SECTION 26 -CALIFORNIA PUBLIC EMPLOYEES' RETIREMENT 11
SYSTEM
SECTION 27 -HEALTH BENEFITS -ACTIVE EMPLOYEES 11
2;7.1 Active Employees -PEMHCA Contribution 11
2,7.2 Active Employees -Additional Benefit 11
27.3 Active. Employees -Additional Benefit -January 1, 2009 11
27.4 Active Employees -.Additional Benefit -January 1, 2010 12
27.5 Active Employees -Employee Contribution 12
SECT~ION`;28 -.HEALTH BENEFITS -RETIRED EMPLOYEES 12
28.1 Retired .Employees - Ca1PERS and PEMHCA 12
2'8.2 "Unequal .:Contribution" 1Vlethod for Health Care Premium Payments for Retirees 12
28.3 Ca1PERS Annuitant -PEMHCA Health Benefits 13
28.4 Less Than 20`Years of Service -Not Receiving.PEMHCA Health:Benefits 13
28.5 Less Than 20 Years of Service -Receiving PEMHCA Health Benefits 13
28.6 20 -Years ,or More of Service -Not Receiving PEMHCA Health Benefits 13
2
.Years or.
~~~More ofService -Receiving PEMHCA Health Benef is ~
13
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SECTION 29 - CASH IN-LIEU OF HEALTH AND DENTAL BENEFITS 14
SECTION 30 -SECTION 125 PLAN 15
SECTION 31-DENTAL INSURANCE 15
2009-2010 City of Petaluma / PPMA Unit 9 MOU ii
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Section. Provision Page .
SECTION~~32 -'VISION INSURANCE 15
SECTION;,,33 -LIFE INSURANCE 15
SECTION 34 -DISABILITY INSURANCE 15
34.1 Short-Term Disability Insurance -Voluntary 15
34.2 Long-Term Disability Insurance 16
SECTION° 35 -EMPLOYEE ASSISTANCE PROGRAM 16
SECTION 36 -DEFERRED COMPENSATION 16
SECTION 37 - TRANSEERS[PROlVIOTIONS RETREAT ENTITLEMENT 16
SECTION 38- PROBATIONARY PERIOD 16
SECTION 39 -DISCIPLINARY AND APPEALS PROCEDURES 17
39.1 Work Performance and Professional Conduct 17
39.2 Probationary Employees 17
39.3 Discipline. and Exempt Status under Fair Labor Standards Act (FLSA) 17
39.4 Causes for'Disciplne 17
39.5 Types of Discipline 18
39.6 Disciplinary Procedures -Actions less than 40 Hours 20
39.7 Disciplinary Procedures -Action more than 40 Hours 21
A -Notice of Intent to Discipline 21
B -Employee's Response 21
C -Written Notice of Decision to Discipline 22
D -Appeal to the City Manager 22
E -Evidentiary Hearing -The City Manager or Designee 22
F -Evidentiary Hearing -Date and Time 22
G -Written Findings .and Decision 22
H -Administrative Procedures 23
SECTION 40- GRIEVANCE PROCEDURE 23
40.1 Grievance -Purpose of the Procedure 23
40.2 Grievance -Conduct of Grievance Procedure 23
40.3 Grievance -Grievance Procedure 23
SECTION 41-LAYOFF AND RECALL 25
4;1,.1 Layoff.Application 25
41.2 Layoff -Employer Right ' 26
~~ 1.3 Layoff -Employee Notification 26
41.4 Layoff = Vacancy and Reclassification 26
41.5 Layoff -Employee Rights 26
.41,6 `Layoff -Seniority 26
41:7 Layoff -Order Of 26
41..8 Recall - Re-Employment List 27
41.9, Recall -Duration of Re-Employment List 27
y,
SECTION 42 -EMPLOYEE PERSONNEL FILE 27
42.1 Employee Personnel File -Right to Inspect 27
42.2 ,Employee Personnel File - Acknowledgement• Adverse Comments 27
SECTION 43 = OTIIER 27
43.1 Other -Performance Evaluations 27
2009-2010 City of Petaluma / PPMA Jnit.91VI0U iii
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Section Pr~~sion, Page
43.2 ,Other -Safety Committee ~ ~ ~ 27
SECT-ION 4'4 -MUTUAL ACCEPTANCE AND' RECONYNYENDATION 29
~XI~I~IT A -SALARY TABLE
2009-2010 City of Petaluma / PPMA Unit "9 MQU
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~Y
PREAMBLE
The City of Petaluma,. hereinafter referred to as the "City" and the .Petaluma Professional and Mid-
Managers Association, hereinafter, referred to as the "Association" have met and conferred. in good faith
regarding wages; :hours, and other terms and conditions of employment for the employees in said
representation Unit 9, and have entered into this Memorandum. of Understanding (MOU) pursuant` to the
provisions of the Meyers-Milias-Brown Act, Section 3500, et seq of the Government Code of the State
of California.
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 Jurie 30, 2010.
SECTION 1-TERM OF AGREEMENT
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 1Vlernorandum
In the event the Association desires to negotiate a successor Memorandum of Understanding, the
Association shall provide to" the' City Manager a written request by April 30, 2010 fo commence
negotiations as well as `its written initial proposals for any successor Memorandum of
Understanding.
SECTION 2 -GENERAL PROVISIONS
2.1 Recognition - Association~Reco 'tion
Subject to the statutory. rights of self-representation under Government Code Section 3:503, the
Petaluma Professional -and Mid.-Managers Association is the .recognized employee organization
:for those classifications listed in Exhibit "A -Salary Tabl'e."
2.2 Recognition -City Recognition
The Nlurucipal Employee Relations Officer of 'the City of Petaluma, or any person or
organization duly authorized by the Municipal Employee Relations Officer, is the representative
ofthe City in.,employer-employee relations.
2.3 Compliance with Federal/State Laws
Tf an ' rovnsions o
shall be modifiedlto coi1sn1V10U~are invalid under an applicable federal or state law, said provision
ply with the requirements of said federal or state law.
. ,,~, , SECTION 3 - ASSOCIATION`RIG~HTS
,. ,,
g -Association Representatives
Assoc 1 .e
3.1 The City ernployess'who are official representatives of the Association shall; be given reasonable
Time off with pay to attend meetings with management representatives, investigate grievances, or
be present at~ hearings where matters within the scope of representation or grievances are being
considered.
2009-2010 City ofPetaluma / PPMA Unit9 MQU 1
(A) The use ~ oz .this p ose,~shall. b
p of official time ,f seraices as de e reasonable and shall not interfere with
the erformance~ of the'' City ~ _ termined by the City.
(B) Such employee representatives shall regte"st tune off from his/her respective supervisor
and coordinate wok schedules:
C Exce t b mutual
O p y agreement, 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 bythis MOU.
3.2 Association Rights -Bulletin. Boards
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 worl~ing hours.
3.4 Association Rights - Use:of City Facilities
The Association 'qr au~thoriz'ed 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,Ri~fits~-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
scope of representation proposed 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 emergency when 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
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2009-2010 City of Petaluma / PPMA Unit 91VIOU z
meet and cgnfer within a reasonable and 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 `maybe 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
authority to temporarily suspend any provision' of this MOU. Upon the termination of said
emergency, the terms and conditions of the existing NIOU will again become effective.
3.6 Association Rights - List.of Bmployees
The City agrees to furnish.. the Association with the names,. classifications, and dates of hire for
all members of the bargaining ,Unit 9 upon request of the.Association. The City also agrees to
provide the name and classification of new hires within. two weeks of their beginning
employment with the City.
SECTION`~~4 - ASSOCIATION DUES DEDUCTION
4.1 Association Dues -Payroll Deductions
Payroll deduction for membership dues shallbe granted by the City to the Association.
(A) Payroll deductions shall be for a specified uniform. amount between the employee and the
Association and .shall riot include fines, fees, and/or assessments. Dues deductions shall
be made only upon each employee's inclividual written authorization.
(B) Authorization, cancellation, or modifications 'of payroll deduction shall be made upon
forms 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 empYoyee's earnings must be sufficient, after all, other required deductions are made,
to cover the amount of'the deductions .herein. authorized. When an employee is in a non-
paystatus for an entire pay period, no withholdings will be made to .comer that pay'period
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 of"an employee who is in a non-paid. status during a part,of the payperiod, and
the salary .is not Buff dent to cover the full withholding, .no deduction shall be made. In
this connection, all other required deductions have priority over the Association.. dues
deduction.
(F) The. ;Association shall indemnify, defend, and :hold the City harmless against any claim
n 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 payments tb the. Association.
2009-2010'City of Petaluma / PP.MA Unrt 91VIQU 3 ~~, , '"
SECTIOIN 5 -MANAGEMENT RIGI3TS
It is the right of the City fo 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
control over the ;City government operations in the most efficient and economical manner practicable
and in the best interests of the City residents, Allmanagerial functions and: rights to which the City has
not expressly modified or restricted by specific provision of this' MOU shall remain with the City.
SECTI®N 6 -SALARIES
6.1 Salaries
Salary Ranges shall be as specified in Exhibit "A" for Unit 9.
6.2 Temporary AssignmentPaX .
Temporary Assignment Pay .shall be provided in accordance with the. City's Temporary
Assignment Pay policy. -
6.3 Salary -Emergency Operation Center
Employees of Unit 9' who are required. to work when called to an~~~activated Emergency Operation
Center local emergency shall be paid at their regular hourly rate for all hours beyond their normal
workday.
SECTION 7'-SPECIAL COlVIPENSATION
7.1 Special Compensation -Loss or Damage. 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)
per fiscal year. Replacement of safety footwear shall be on an as-needed basis with approval of
the Department Director.
7.3 ~ecial Compensation --Bilingual Pay -Spanish
Eligible employees who are' certified for bilingual proficiency in Spanish in .accordance with the
City's Bilingual Testing and Certification policy shall receive two `hundred dollars ($200) per
month';for•certification at a high level. proficiency or verbally fluent or one hundred dollars ($100)
per month for certification at an'acceptable level proficiency or conversational.
SECTION 8"- AL'T'ERNATE WORK WEEK
The City agrees to consider reasonable .alternative workweek programs proposed .by the
employees. Such, proposals (~ four (4) day work week, flex scheduling, 9/80, job sharing) may
be considered on a ease-by-case basis by the City. However, the decision as to whether and
when, if at all, to implement such alternate programs,, the operation of such programs, and the
ability to modify and/or terminate such programs, is left exclusively with the City.
20'09=20.1'0 City of Petaluma /'PPMA Unit 9:MOU ~ 4 , ~ ,~~
SECTION 9 -PART-TIME POSITION
9.1 Part-time Position -Definition
A part-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.
9.2 Part-time Position -Seniority
Seniority for the part-time position shall be determined on the same basis as a regular full-time
position.
9.3 Part-time Position -Pro-Rated Leave and Benefits
All leave and all benefits shall be on a pro-rated basis and based upon a determined percent (e.g.
50%, 75%).
9.4 Part-time Position -1Vlerit Pay, Step Increases, and Probationary Period
Standards for merit pay, step increases and probationary period for the part-time position shall be
on the same basis as a regular full-time position.
SECTION 10 - IiOLII)AYS
10.1 Holidays -Fixed Holidays
The City shall observe twelve (12) fxed-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 Memorial -Day
-When a holiday falls on a Saturday, that holiday will be observed on the prior Friday. When a
holiday falls on a Sunday,.. that. holiday will be observed on the :following,lVlonday. Should this
conflict -with a Friday or, Monday designated holiday, the Friday or Monday holiday will occur on
the preceding Thursday or following Tuesday.
Observance by :an employee of a designated religious event may be granted, if practical, with at
least seven (7) days prior approval required for such leave, under the following methods:
(.A) Time charged to accrued vacation allowance; or
(B) Time off'wthout pay.
2009-2010 City of Petaluma / PPMA Unit 9 MOU 5 (". '.,r-; ,,
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10.2 .Holidays -Floating Holiday,
During the Fiscal year he .City will authorize one (T) "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 they City. 'Employees hired between July 1, and
December 31, will be eligible fora "Floating Holiday" during the.course of the Fiscal year.
SECTION 11 -VACA'T'ION
11.1 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 sere-ice 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 (10) yearn 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 ofwacation.
Vacation time shall not be aecurnulated in excess of'three (3) years or three times an employee's
annual vacation accrual as indicated in the vacation chart below.
Years of
Service Vacation
Accrual s Accrual Limit
s
0-4 80 240
5,9 120 360
10 128 384
11 136 408
12 144 432
13 152 456
~1'4 .160 ' 480
TS - 168 504
16 1.76 .528
17 184 .552'
18 192 576
1'9' or ~ eater 200 600
11:2: Vacation -'S'cheduling ~~
The times during a calendar year in which an employee may take his/her vacation shall be
determined 'by the. Department Director with due respect for the wishes of the employee and
particular regard for 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 shah- be taken during the following calendar year.
2009-2010 City of Petaluma/'PPMA Unf`9 MOU 6 ~~
11.3 Vacation -.Deferral
'Any eligible employee with the consent of the Department Director .may defer his/her annual
vacation to the succeeding calendar year subj ect; to other provisions of this ,rule. In the event one
(1) 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.
11.4 Vacation - Usage
...
An employee may .....begin ~ to use accrued vacation after .successfully completing his/her
probationary period with the City.
11.5 Vacation -Payment at Termination
Employees who leave City employment shall be paid in a .lump sum for all accrued vacation
leave earned prior to the effective date of termination not to exceed three (3) years accumulation.
SECTION 12 -LEAVES -SICK LEAVE
12.1 Sick Leave -Eli ibility
Sick leave with pay shall be granted to all employees as-set ..forth in this section. 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 ari employee's family member, which
requires the employee's attention. Tlie term family members shall include: spouse, children,
parents, spouse's parents;,. ;brothers, .,sisters or other individuals whose relationship to the
employee is that of a dependent or near dependent.
12.2 Sick Leave -Accrual
Sick leave shall accrue to °all full-time employees at the rate of eight (8) :hours for each month of
continuous service.
12.3 ..Sick Leave - Notif cation Procedures
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 beginning his daily duties. When absence is for more than three (3) days duration, the
employee may be required to provide physician's verification of absence.
12.4 Sick L' cave :- Transfer
Employees wishing to .donate hours of sick leave to another employee .may do so by sending a
written request, approved by~hislher Department Director, to the Human Resources office naming
the 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 160 hours of sick
leave to be ,eligible to transfer sick leave.
B Transfer amounts shall be limited to the number of ac
O tual hours needed and used. by the
.receiving employee.
(C) Any donated sick leave hours unused by recipient shall be returned to the donor.
2009-2010 City of Petaluma / PPMA Unit 9 IVIOU ~ 7
(D) The employee receiving the sick leave transfer~must have zero. (0) hours of accrued sick
leave; vacation, and CTA leave on the books:
(E) Employees may riot buy or sell sick leave.. Onlythe,time maybe transferred.
(F) Employees may not transfer sick leave upon separation of service.
(G) Transfer of sick leave shall be allowed between all Units.
(H) No more than ninety (90) workdays of sick leave may be received by an employee for any
one illness or injury..
12.5 Sick Leave-Retirement Payout,
In the event of the death or retirement. 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
f fty percent (50%) of hi's/her `accumulated but unused.. sick leave not to exceed four=hundred-
e'ighty (480) hours.. The employee may elect not to receive this benefit and instead place all sick
leave hours into the CalPERS ;sick leave conversion benefit.
SECTION 13-LEAVES - INDUSTRIAL. INJURI' 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 liis%her employment and he/she
receives workers' compensation,. he/she shall receive full pay:. Following this period; sick leave may be a
supplement: to the workers' benefits 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.rnedical authority. The City shall
pay him/her the regular salary,. based on the combination of the workers'. compensation benefit plus sick
leave.
Sick leave for industrial injury shall not be allowed for a disablity:resulting from. sickness, self-inflicted
injury, q.r willful rru conduct.'' ' '
The City may retire any employee prior to the exhaustion of accumulated sick leave,,, at which time all
accrued but. unused. sck''1'eave shall. be abrogated, subject only to the limitations provided under this
1Vlernorandum of Understanding.
SECTION 14 -LEAVES -ADMINISTRATIVE LEAVE
14.1 Administrative Leave:.- Annual Credit of Leave
1=,mpl;oyees shall,;be credited with eighty (80) hours of administrative leave each fiscal year.
`14.2 Administrative Leave -Pro-Ration of Leave Hours
Employees hired or appointed after July 1 shall be credited with apro-rated amount of
administrative leave based upon hire or appointment date through June 30.
2009-2010 City of Petaluma / PPMA Unit 9 MOU g'
' I~:
14.3
p Y ~ p Ym p ~Y ~~~ ),,
end of the fiscall rec~eivPa a ant shall be at the em Olo ee ssba unused administrative leave at the
y ym"" p y se pay rate as of June 30. Payment
shall be made on the last•pay period of the fiscal year.
14.4 Administrative .Leave - Payinent at Se arp ation ,
.;
Employees who separate employment shall receive payment' of up to forty (40) hours of unused
administrative leave. Payrrient shall be at the base pay rate at the time of separation.
SECTION 15 -LEAVES- BEREAVEMENT LEAVE
An employee shall be granted up fo thirty-two (32) hours of bereavement leave in the event of death in
the employee's immediate family. For, the purpose of bereavement leave, immediate family shall mean
souse ! ualified domestic partner, father, father-in-law, mother, mother=in-law, brother, brother-in-law,
P ~q
sister, sister-in-.law, child (including stepchildren), step-parents; grandparents and grandchildren or
person with whom the employee has a relationship in loco parentis. Up to an additional eight (8) hours
of accrued sick leave may be granted to supplement bereavement leave.
In the event. an employee must travel more than ,three-hundred (3.00) miles to attend a .funeral or
memorial service, an additional eight (8) hours of bereavement leave shall be granted instead of the use
of eight (8) hours of sick leave..
SECTION 16 -LEAVES -VICTIMS OF' DOIVIESTIC VIOLENCE ANI)
SEXUAL ASSAUhT LEAVE
The City of. Petaluma provides appropriate leave, in accordance with California Labor Code Section 230.
SECTION 1Z -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
etT seq~and the `City of Petaluma atResou tion N' 0 004- 00 N C S Employees in he Ready Reserves of
tiered to active military duty or training°under Executive Order 1'3223',. shall .
have~condnuerces who are,or g tY g p
d benefits .in effect throe bout his/her active du trasnm fora eriocl: of three-hundred
sixty,-fve (3'65) calendar days.or until'the date of discharge frozn:military service, whichever occurs first,
unless this policy is changed by`action of the City Council.
SECTI ~~ N~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 Genera'1 election, the employee. may be granted up to two (2) hours of paid time to vote,
in accordance with Election Code '14000. 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.
~'
2009-2010 City of Petaluma / PPMA Unit"~9 NIOU 9
SECTION 1'9 -LEAVES _ SCIIOOL'VISITATION LEAVE
Employees may take up to forty (4'0) hours in a year to participate in the child's school activities, in
accordance with Labor Code section 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 sand Federal Law. Gobd 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 tirrie; 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.
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 summons. 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 -FAMILY CARE AND MEDICAL LEAVE (FMLA & CFRA)
22.1 EMLA and/or CFRA Leave
The City shall provide farruly~~ 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 1:993 (FMLA) and the. Califorriia 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 Opinion
T e ern o ee, s rov~r ~ e e
p y re utre a s City with a health care provider certification. ~ The City, at City
p' ~ '~y q econd opinion on the validity of~the certification. Should a conflict arise
ex ense ma`s ' ~ ~ ,`.
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 arid. 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 - IDISCRIlVIINATION, HARASSMENT, & RETALIATION PROHIBITED
Thee City.' and -its .employees are prohibited from discriminating against an applicant or employee because
the employee is in a "protested class" (based on age, race, etc.) in taking any personnel actions (such as
2009-2010 City of Petaluma / PPMA Unit 91VI0U 10
'1 •.6_.~
hiring, promotion, discipline, etc.) 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
employees that constituted discrimination or harassment.
SECTION 25.- REAS®NABLE 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 - CALIFORhtIA PUBLIC EMPLOYEES' RETIREMENT 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:
® Third Level - 1959 Survivor's Benefit as provided in Section 21573 (Apri15; 1999).
m Military Service Credit as provided in Section 20930.3 (January 1, 1992).
® One-Year Final Compensation as in provided Section 20024:2 (November 1, 1980).
® Credit for Unused ,Sick Leave as provided in Section 20862;80 (November 1, 1980).
® Cost of Living Allowance two percent (2%) as provided in Section 21335 (April 1, 1971).
m Retired Death Benefit off ve-hundred ($5.00) as provided. in Section 21620 (December 1, 1969).
® Death Benefit Continues as provided in Section 21551 (January 1, 2000).
® Prior Service Credit as provided in Section 20055 (January 1, 1950)..
The City .shall continue to defer that portion of the employee's contribution paid to Ca1PERS through
section 414(h) (2) of the .Internal Revenue Code pursuant to City of Petaluma Resolution 90-363 N.C.S.
SECTION. 27 -.:HEALTH. BENEFITS -ACTIVE EMPLOYEES
27.1 Active Employees - PEMHCA Contribution
The City currently provides• .health benefits through the. California Public Employees' Retirement
System;,(CaIPERS) Health Benefits Program under the Public Employees' Medical and Hospital Care
Act` (PEMHCA). -The City's employer contribution for each employee's health benefits shall be the
minimum required by PEMHCA. The City pays this contribution directly to Ca1PERS.
~.
27.2 Active. Employees ,; Additional:Benefit
The City'shall provide active employees with an additional.. benefit in the amount of the Ca1PERS
Health Premium amount for Kaiser -Bay Area/Sacramento for each employee and his or her family
members:.
,.
2T3 "Active Employees'-' Additional Benefit - Januar~l , 2009
Effective January:;1, 2009 the City shall. provide active employees,. with an additional monthly benefit
calculated as follows. ° "the cost of the monthly Ca1PER5 Health Premium for Kaiser -Bay
Area/Sacramento.1ess the City's: PEMHCA contribution times ninety-five percent (95%) for each
employee and his or her family members. For example, effective January 1, 2009, the monthly
2009-2010 City of Petaluma / PPMA Unit;91VI0U 11
.r
~~ il~ ~ i A ~ i i.. I , ~'~ q, i ii ~ ~' ~ ? '4. 1 ~~ i .. ,~,, r . ~ i ,.
~ii i ': t I I ii,:~ ,iii ~i: 'u'~ itl 'I~. ~ni ~,~~ li ip, it i ,. M1 ~~
p ~~, g ge is $5083:0,, .The additional benefit would
remium at the Kaiser rate for sin le health benefit co~era
~~~ ,
be calculated at'$508 ~30`less~~$1~01.00 times' 9'S% = $386.9'4
,~,
Additional Benefit- Effeeti~e January` 1~, 2009' "`' ' ~ I ''' '
Coves e
g 2009 Kaiser Rate
Ci ;PEMHCA
Contribution ' Maximum Additional Benefit
Contributed by the City
Single„ $508.30 $'.101.00 .$386.94
2-'Party $1,016.60 $101.0'0 $869.82
Family: $1,321.58. $101.00, $1,159.55
27.4 Additional Berieft-Effective January 1; 2010
Co~era e
g
er Rate
201.0; Kais City PEMHCA
Contribution: Nlaximuni Additional Benefit
Contributed by t11e City
Single $532,56 $105.00: $406.18
2-Party f $1-,0'65:12 $10'5.00"'°' ' ~ ~ $912.11.
Fanu~ly ~ $1,384.6.6 $105.00' ~ ~ ~ $1,21.5:68
.27.5 Employee. Contribution, ,~,,
Employees. shall contribute ,to his/her Ca1PERS Health Premium in the amounts less the City's
• PEMI-ICA°contribuhon and less the additional benefit paid 1?y the,City.
~,~ , .
.SECTION 2$ -HEALTH BENEFITS -RETIRED EMPLOYEES
28.1 Retired En~loyees - Ca1PERS'~ and PEMHCA
The. City currently provides health benefits through the .California Public Employees' Retirement
Sysfern (CaIPERSj Healtl?'Benefits 'Program under the Public Employees' Medical.and Hospital Care
Act ,(PEMHCA). In order for a retired employee to be ehgtble to receive health benefits through
a retiree.mtst meet the following definition of "anniiitarit"°itnder^Ca1PERS
Ca1PERS upon retirement,
Taw: ~ ~ " ~ ~~
(A) Employee must be aniember of CaIPERS; and.
B trre within one-hundred-twen 120. „da s of se aratton fr
(j Employee must re ty (: ) ' `y p ~ om employment
' with the City of Eetaluma~ and receive a monthlyretirerneilt :allowance from CaIPERS.
i h
III ~ ~ ~ ~ ' ~ III f ~ .I, " u n e. ro~
~' '~ ~" ~ ' ' ~ ~ q " ~ ~ ~ " ~ thod for health carets for Retirees
28 ~ the City uses theut~fune ° ualt contribut ont ~~ e remium aymen premitun payments for 'anmutants''
' ~ (regttre o ~ y
y
~~ ~ ~ ~ed anriuall t' increase the~~ ~ 22892, Under this method, "the City ,is
~~
~ ""i-e uir.es as; errritted under Gtota monthh annu tart health care contribution to equal an amount
blot Mess, than the~,n.,, ty ~ ~ MHCA Iprogram iitiltiplied by five
ro y ~ he PE
the
umbe
~~ ~ ' ' ~ ,r f ears Ci has been m t .
percent (5%) of the current monthly employer contribution for active employees until the time the
'` `rity's.contnbuhon!;'!for annuitants equals the City's PEMHCA contribution paid for active'employees.
,.I. ~,
By ways of explanation, for calendar year 2009, the .formulae for deterrnring 'the City's PEMHCA for
:a retirees is as follows:
~i
15 ears in the PO 9 ~ $7 program x 5°l0 = 75% x $101 ,(minimum employer contribution for active
y MHCA
employees f~ ) 5.75.
2009-201'0 City of Petaluma / PPMQ Unit 91VIOU ~ 2
;i
For calendar year 2010, the formula-for determining the City's PEMHCA contribution for retirees is
as follows:
16 years in the PEMHCA. program x 5% = 80% x $105 (minimum employer contribution for active
employees for 2010) _ $84.00.
The City pays this contribution..directly to Ca1PERS. The retiree is required to contribute to the cost of
the health benefit coverage. The retiree's monthly contribution. shall be the cost; of the monthly health
benefit premium less the amount of the City's contribution.
28.3 Ca1PERS Annuitant - PEMHCA-Health Benefits '
In accordance with the PEMHCA provisions if an employee. is a Ca1PERS annuitant as defined in
Section 28.1' and receives health benefits under the PEMHCA; the employee is eligible to receive
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.
28.4 Less Than20 Years of Sei- ice -Not Receiving PEMHCA Health 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 - Receiving PEMHCA Health Benefits
~,
A retired employee with less than. twenty (20) years of 'service with the City of Petaluma who .is a
Ca1PERS annuitant as defined in Section 28.1 and enrolled in the CaIPERS 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
s determined by the "unequal contribution" method formula or $85.00,
A
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 determined by the "unequal contribution" method formula or
n ~~~~^~~~ 20 L4~~~ ~ ' " $100.00, whichever is eater
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 Years or.More of Service - Recei~in~ 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 28.1 and 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.
2009-2010 City of Petaluma / PPMA Unit 9: N10U 13 .~:+:
The City s cash retiree
' benefit's sent directly'to the retiree:
The followirig chart indicates. ~tlie amount'uo"f the` City's PEMHCA contribution and the amount of
cash payment to the retiree in the coming years..
Calendar City Monthly PEMHCA contribution City Cash Retiree Benefit Total Benefit
.Year ~ Amount
2009 $75.75` $44.25 '$120.00
2.010'° $84.00 $36.00 $120.00
2011 As determined by.the "unequal i 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" m'etho'd formula"or $90.00;' ~~$120.00 minus the City
or whichever is greater monthly PEMHCA
contribution
2013 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;bythe:"unequal Total benefitamount of $120.00
contribution".method formula or $:120.00 minus the City
$ T00.00, whichever is greater monthly PEMHCA
contribution
It is the responsibility ,of the retiree to notifythe City in writing if he or-she is no longer partieipating:in
the CalPERS
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 -GASH IN-LIEU OF I-IEALTH AND: DENTAL BENEg+'ITS
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 in
lieu of health and dental benefits. To be eligible for the cash in-lieu benefit program, employees must
waive hs/her.coverage under the. City's'health and/or dental benefits, agree:fo 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 arriount for health coverage shall be in the amount of:fifty percent (50%) of the health
insurance prernium~ amount of the Ca1PERS 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%) ofthe 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 and/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 meet the current terms and conditions of the City's medical and/or dental plan. The City cannot
guarantee that once the employee leaves a particular medical and/or dental plan, he/she may be .able to
re-enroll'in his/her prior plan and under the same terms and conditions of his/her prior plan.
2009-2010 City of Petaluma / PPMA Umt 9 MOU 14 ~ a
r ,.'~.., ~i ,
SECTION 30 - SECTI®N 125 PLAN
The City of Petaluma has, established and shall offer to eligible employees an Internal Revenue Code
(IRC) S':ection 125 plan. The Section 125 plan is subject to federal law and plan provisions.
The Section 125'Plan offered' by the City provides ~ernployees ,with a tax savings througli`~the following.
programs:
(A) Pre-Tax Health Insurance Premiums „„ `
This program allows employees to pay his or her share, of health insurance premiums with
pre-tax dolfiars."
(B) Flex ,Spending-..Accounts (FBAs)
(1'') 1Vledica~l Reimbursement
This program ~ permits employees. to pay for common. out-of-pocket medical
expenses (not co
vered by insurance) such as deductibles, co-pays, and vision and
dental care with pre-tax dollars.
(2) Dependenf'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 Tor the term of the 1Vlemorandum of Understanding, and pay the. total
premium .costs .for the employee and .eligible dependents. The maximum benefit amount is one-
thousand-five-hundred dollars ($1,SOQ) per person per calendar ;year. Orthodontic coverage„shall be
provided for'dependent: children :under th'e age of nineteen (19)' years and is 50% of the dentist s allowed
fee (subj,ect to a $.1,000 lifetirne.maxirnum per person).
SECTION 32 - VISYON'INSURANCE
The City shall provide a vision planfor;employees and eligible dependents. The cost shall be paid for by
the ~~Cty. Employees are eligible for eye exams every twelve (12) months with atwenty-five; ($25-00)
ale. Frames vailable every twelve (12) months with a maximum benefit, of one-hundred
deducfi~ area a
~~.
ty s 00) and lenses are available eve twelve 12 months with a maximum benefit of
two hundred ($12'0 $20 rY ( )
dollars'( 0":00).
~~ ~~~ ~, ~ „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~i s annual salary;`rounded to,'the nearest even dollar, not to exceed two-hundred thousand dollars
($200;000.00).
SE.CTTON 34 - I)ISABIT,ITY INSURANCE
3'4,..1 , Short:Terin Disabilrty~Irisurarice = VoluntarX
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 ong, as the number of
2009-201 gCity ofPetaluma / PPMA U ' OU 15-
nrt 9 M ~~~
employees electing to participate in the program meets the minimum; participation standards set
by the carrier.
34.2 I/ong-Term Disability Insurance
The City shall provide for along-term disability plan at ninety (90) days after the designation is
met, with the premium to be paid for by the City.
SECTION 35 -EMPLOYEE ASSISTANCE PROGRAM
The City, will provide an Employee Assistance Program to employees and hislher .immediate families.
This licensed counseling service will provide assistance and referrals 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/PROMOTIONS RETREAT ENTITLEMENT
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.
SECTION_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
observing the employee's work performance. A probationary employee, whose performance does not
meet the'required standards of work,'may be rejected.
T'he initial probationary period for prgfessional employees is twelve (12) months from the date of hire,
promotion, and transfer: An employee's ,probationary period may be extended .for six (6) month's on ,a
case-by-case~rbasis°;based on the~performance evaluation. Should an employee be on a leave of absence
without pay; the probationary period will be extended for that time.
During. the ,probationary pen'od; 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 .probati'onary period following a .promotional or~ transfer appointment
shall be discharged, except' as provided in Section 37 Transfers/PromotionslRetreat Entitlement.
Promotions of empl`oyecs "still on probation will result in a new probation eriod for the class into
~'Y P
which the. individual 'was promoted.
2009-2010 City of Petaluma / PPMA Unit 9.1VIOU 16 ~ ~'~'
0
SECTION 39 -DISCIPLINARY AND APPEALS PROCEDURES
Employees shall adhere'to etYu'cal standards in performing their duties and,xesponsibilities, ensuring that
public office is not 'used. for private gain, and all actions are uripartial and non-preferential to any
organization or individual. By, observing these general principles, the employees help ensure the
integrity of City operations and programs.
39.1 Work Performance and Professional Conduct
All employees are expected to maintain a high standard of work performance and professional
conduct.
39.2 Probationary Emlloyees
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
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 Disci lp ine
Regular employees may be disciplined, up to ,and including termination, for good cause. Good
cause exists, not only when 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 shall not be
limited to, the following:
(A) Unexcused or unauthorized absence or tardiness from work.
(B) ''Use of sickaeave in a manner not authorized orprovided for pursuant to City policies.
{C) Dishonesty or: making any false statement, omission or misrepresentation.
(:D) Providing, wrgng 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 Cty~ernployee.
(l:I) Unsatisfactory job performance, neglect of job duties, ineffectiveness or inefficiency.
(I) Insubordination.
(~ Disclosure of confidential City information to any unauthorized person or entity.
(K) Altering, falsifying, or tampering with a time sheet or any City record.
2009-2010 City of Petaluma / PPMA Unit 91V10U 17
(L,) Violation. of any provision of the City's Personnel Rules; any department rules, or any
Federal, State or City rules; laws, regulations, ordinances ar~resolutions.
(M) Conduct. unbecoming a City employee; 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:mpaired and/or not. able to perform work duties.
(P) Fighting,. assault;, battery or engaging in any threatening workplace behavior.
(Q) Intimidation or interference with the rights of any employees.
(R) Engaging in outside employment that result"s in a conflict of interest with City
employment. A coriflct'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 Counseling 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; a°two-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:
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 in his or her personnel
file, an employee may, within thirty (30) calendar days of receipt of the written corrective
2009-2010 City of Petaluma / PPMA Unit 9 MOU 18 a "'
,,
action, respond to his or her Department Director in writing or orally. If the employee
chooses, he or sl'e may also prepare a written response .and have it placed with the written
corrective ,action memo in his or her personnel file.
(D) Wriften 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.
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 parf.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. FLSA-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 ao 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 recgmmended for termination or terminated shall be entitled
to; prior writtennotice and appeal as provided herein.
(I~ OtherDisctline
Employees may be subjected to any other disciplinary. action that is deemed appropriate
by`the City.
2009-2010 City of Petaluma / PPMA Unit-9^MOU 19 ~~~'
39.6 Disciplinary Procedures for Recomrriended Disciplinary Actions for Suspensions without Pam
Forty (40) Hours or `Less,_Reducton In Pa~c~ual to or less than an annual Five Percent (5%),
Salary Reduction, .or Temporary Demotion Equal to or less than an annual Five 'Percent (5%)
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 to 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
corrective action, written .reprimand, or any disciplinary action that does not create a monetary
impact for the employee.
(A) ~ Notice of Infent 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 sped c charges upon which the intended discipline is based;
3. A summary of the misconduct upon which tfie charges are based;
4. A copy of all written materials, reports, or documents upon which the intended
discipline is based;
5. Notice ofthe~employee's right to respond to the Department Director regarding
the charges either Morally 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 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 informalmeeting at which the employee has an
pp 'ty rebut the charges against him or her and -present any mitigating
- o ortuni to
circumstances. The Department Director will consider the employee's response before
taking any f nal disciplinary action. The employee shall, have no further right of appeal.
(~) 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
2009-201-0 City of Petaluma / PPMA Unit 9 NIOU Zo ~g
j ~~
disciplinary action., In any event, the Department Director shall prepare and provide the
employee a notice that contains the following:
1. ~ The,, lever 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..
39.7 Disciplinary Procedures for Recommended Disciplinary Actions for Suspensions without Pay for
More than Forty~40) :Hours.. Reduction In Pay Equal to~.More' than an Annual Five Percent (5%)
Salary Reduction,. Demotion Equal to More than. an Annual Five Percenf~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 more than an annual five- percent (5%) salary reduction, demotion
equal to more than an .annual five percent (5%) salary reduction or termination .shall have the
right to the disciplinary and appeal procedures outlined' in this Section.
(A) Notice of Intent to Discipline
The employee will be provided a written notice of intentto discipline that contains the
following:
1. The level of discipline intended to be imposed;
2. The specific charges upori 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 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,iri writing, or both; 'and
7 Notice that the failure to respond,at the time specified shall constitute a waiver of
the right°ao respond prior to the imposition of discipline.
Employee's Response
~)
Ari ,;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 con"verse 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 hirn or 'her and present -any mitigating
2009-2010 City of Petaluma 1 PPMA Uiut'9'MOU 21 ~~ °
a~~
~~
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
Within ten (1°0) calendar days after considering the employee's xesponse; 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:
l . A statement; of the Department Director's decision;
2. ,The level of'dscipline, 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 tfie 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 right to .appeal.
(D) Appeal to the Ci 'ty Manager
A regular employee may appeal a Department Director's written notice of'decision to
' discipline by deli Bring :a written request. for appeal'''to the City .Manager.. Thee. written
request for appeal must be .received within ten (1,0) calendar .days from- the Department
Director's notice of decision to discipline.
(E) Evidentiary Hearing -The Ci Manager or:Designee
The City Manager has authority to conduct an'evidentary,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
Officer's fees.
(1~) ~~ Evidentiary'.Heariri~-.Date and. Time
The City Manager or Advisory Hearing Officer will set a date for an evidentiary hearing
,.-, within areasonable time .after receipt of a timely'written request for appeal. An employee
who, having filed a Timely written request for appeal, and wha. has been notified of the
tune and place. of the, appea'1 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`Findngs 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
Officer shall :render a proposed statement of written fmdings of fact and decision to the
2009-20.10 City of Petaluma i PPMA Unit 9 MOU 22 .2'~
City Manager. The City- Manager may accept, modify, or reject the Advisory Hearing
Officer's proposed statement of written .findings and decision. The City Manager shall
render a final statement ofwritten fmdings and decision.
(H) Administrative. Procedures
The City Manager may establish any administrative procedures he or she deems necessary
to carry out the intent of the appeal process.
SECTION 40 -GRIEVANCE PROCEDURE
40.1 Pumose of the 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 obtaining 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; to 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).
40.2. Conduct of Grievance Procedure
{A) The time linufs 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 confemng about and
presenfirig the grievance.
('D) Employees shall not be retaliated against for using the grievance procedures.
4'0.3 Grievance: Procedure
(A) Sfep'One
An employee who has a grievance (as defined above) should first try to get it settled
through an ;informal discussion with his/her immediate supervisor without undue delay.
The employee must present the grievance within thisry (30) working days of the event(s)
giving rise 'to the grievance or the grievance shall be deemed untimely. Every effort
should be made to find an acceptable solution by informal means at his/her lowest
possible level of supervision.
2009-2010 City of Petaluma / PPIVIA Unit 9 MOU 23 ~ I
If the employee is not in agreement with the decision reached by the informal discussion
in Step One, the employee shall have the right to elevate the ;grievance to Step Two.
(B) Step Two
To elevate to Step 'Two, the employee shall submit a written grievance within ten (10)
working days affer the informal discussion with the .immediate supervisor. The written
grievance. shall specify the term of the agreement :at issue and the factual basis of the
grievance. The'immediate supervisor shall render a decision in writing and return it to the
employee within ten (1,0) 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 (15.) 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..,
lie employee. `does not;receive a decision in writing from his/her supervisor or manager
If ~t
' within f fteen° x(1,5) 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.
2009-2010. City of Petaluma / PPMA Unit•9 MOU 24 2 a
(D) .Step Four .
To elevate to 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
decision is rendered, within fifteen (15) working days of the employee's submission of
the written grievance to the supervisor or manager.
The Department Director shall discuss the grievance with the employee, and his/her
representative ifrequested 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
employee is ~not'n 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 fifteen (15) 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 ~f fteen (15:) working days. of the employee's submission of the written
.grievance to the:Department Director.
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 approp"riate. The City '1Vlanager 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
1Vlanager's decision shall be final.
SECTION 41- LAYOFF ANI) RECALL
41.1 Layoff A~lication
ermaneecide, for labor cost.-control reasons,. to permanently eliminate bargaining Unit
wo~klbyhp . ~
nthy replacing existing bargaining Unit positions with contract or subcontract
emplgyees to do the same work under similar conditions of,employment ("Work Elimination"),
the. City agrees ,to notify"the employees fourteen (14) days prior~tounplementation 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.
'ty nit 9. MOiJ 25 `~ "
2009-2010 Ci of Petaluma / PPIvIA U~
41..2 Layoff -Employer Right
Whenever, in the judgment of'the City Council, it becomes .necessary to abolish any position of
employment due to a re-organization or to 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 Layoff -Employee Notif cation
Employees to be laid off shall be given at least fourteen (14) calendar days' prior notice.
41:4 Layoff.- Vacancy and Reclassification
Except as 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
who is the latest to be laid off in accordance with Section 41.5 is qualified: All persons so
demoted shall have his/her names placed on the re-employment list.
41.5 Layoff - Emplo e~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 classification 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
Iri 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 prior to the layoff and request
displacement action in writing to 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. Seniority for the retreat classification would 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 of total City service.
Employees retreating to a .lower or similar classification shall be placed at the salary step
representing the least loss ofpay. In no case shall thee. salary be increased above that received in
'.the classification from which the employee was laid off.
F,mployees retreating, to a lower or similar classification shall serve a probationary period. in the
new classif cation unless they have previously completed a probationary period in the retreat
classif cation or a higher classification in the series.
41.7 L• ayoff - Order' of
In each .classification of position within the competitive service; .employees shall be. laid off
according to employment status in the following order: temporary, provisional, probationary,
and regular.
ty 9 MOU 26
2009-2010 Ci of Petaluma / PPMA Unit
:Temporary, provisional; .and ;probationary employees shall be laid off according to the needs of
the service as determined. by the appointing authority.
41.8 Recall - Re-Employment'List
The names of persons laid off or demoted in accordance: with these. rules shall be entered upon a
re-employment list. Lists from different departments or at different times for the same
classification of position shall be combined into a single fist based on seniority. Such list shall be
used by every appointing authority when a vacancy arises, based on seniority, in the same or
lower classification of position before certification is made from an eligible list.
41.9 Recall -Duration of Re=Employment List
Names of persons laid off shall be carried on a re-employment list for two (2) years.
SECTION 42 - EMPLOYEE PERSONNEL FILE
42.1 Employee Personnel File -Right to Ins >l eCt
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
f le 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 empl'oyee's personnel file, the employee shall be
given a copy of the material to 'be placed in his/her file,. and written notice that the material will
be placed in his/her personnel f le. The material shall contain either a written acknowledgment
that the employee has received the material and the notice,. or a statement signed by the person
who delivered the material: that the employee refused ~ to sign such an acknowledgment. The
employee may write a response to the document containing the adverse comment for placement
in his/her personnel f le.
SECTION 43 - OT'I~ER
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 probationary period at or near the midpoint of the probationary period..
(C) An ° employee who .disagrees with his/her performance evaluation shall be given
opportunity to .submit a written response to the evaluation. Th'e"response will accompany
the , _perforrriance evaluation in the employee's personnel file. The contents of a
°° performance evaluation shall not be subject to the provisions of the. Grievance Procedure
~of this agreement.
43.2' Safety Committee
The City agrees that it has the obligation to take reasonable steps to furnish employmen"t and a
place of employment which. is safe and healthful for its employees.
2004-2010 City of Petaluma / PPMA Unit ~9 MOU 27 ~5~
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.
2009-2010' City of Petaluma / PPMA Unit 9 MOU 2s ~ ~a.
SECTION 44 -MUTUAL ACCEPTANCE AND RECOMMENDATION
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 8d MII)-MANAGERS ASSOCIATION
~ ~
Katie Crump, President, P MA Date
Tim Williamsen; Vice-President; PPMA Date
'Sbherzinger, Secaty;~/1'MA/ Lead Negotiator
Don Streeper,/ ,~ er, PPMA
Members-at-Large, PPMA
CITY ®F PETALUMA
Pamala Stephens, Human Resources Manager
Scott Brodhun, Assistant City Manager
Date
~ a ~o
Date
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2009-20:10 City ofPetaluma / PPMA,Unit 9 MOU 29
EX~HBIT A -Salary Table -Unit 9Mid-Managers
Salary Ranges Effective July X1,,2009
Cla;siticatiun
- 1
- ? 3
- -4
- _
irport Division Manager
$21.62
$22.70 -__
$23.84
$25.03
$26..28
Animal Services Manager $31.78 $3337 $35,04 $36.79 $38.63
Assist Director of Community Development $50.14 -$52.65 $55.28 $58.04 $60.94
''ssistant Utility lVganager $36.87 $38:7T $40.65 $42.68 $44.81
Budget Grants/Project 1VI`anager $40.55 $42.58 $44.71 $46.94 $49.29
Chief Building Official $42.37 $44.49. $46.71 $49.05 $51.50
City Engineer - $50.14 $52.65 $5.5.28 $58.04 $60.94
Commercial Services Manager $39.70 $41.68. $43..77 $45.95 $48.25
Environmental Services `Supervisor $40.55 $42.58 $44.71 $46.94 $49.29
Engineering Manager $50.1.4 $52.65 $55.28 $58.04 $60..94
Geographic Information Systems Manager $39..70 $41.68 $43.77 $45.95 $48.25
Housing Administrator $42.37 $44.49 $46.71 $49.05 $51.50
Housing Program Specialist $35.68 $37.47 $39.34 $41.31 $43..37
Information 'Technology Manager $39:70 $41.68 $43.77 $45.95 $48.25
Park Maintenance Supervisor $31.78 $33.37 $35:04 $36.79 $38:63
Parks & Landscape Manager $40.5.5 $42:58 $44.71 $46.94 $49.29
Principal Planner $39.67 $41.65 .$43.73 $45.92 $48.21
Public Facilities Manager $40.5.5 $42.58 $44:71 $46.94 $49.29
Public Safety Communication Manager $39.70 $41,:68 .$43.77 $45.95 $48:25
Public Works Project Manager $39.70 $41.68 $43.77 $45..95 $48.25
Public Works Supervisor $31.78 $33.37 $3'5.04 $36.79 $38.63
Recreation Supervisor $3.0.62 $32.15 $33..76 $35.44 $37.22
Redevelopment Program Manager $42.37 $44.49 $46.71 $49.05 $51.50
Redevelopment Project.Manager $39.70 $41.68 $43.77 $45.95 $48:25
Senior Civil. Engineer $41,.9.1 $44:01 $46.21 $48.52. $5.0.94
Senior Planner ~ $35:68 $37.47 $39:34 $41:.31 $43.37
Senior Redevelopment Program Manager $50.14 $52_.65 $55.28 $58.04.- $60.:94
Shelter Supervisor ~ $20.91 $2.1.96. $23.06 $24.2.1 $25.42
Traffic Engineer $50.14 $52.65 $55.28 $58.04 .$60.94
Transit Manager $45.13 $47.38 $49:75 $:52:24 $54.85
Utility 1Vlanager ~ ,. , $40.55 $42.58;. $44:71 , $46.94 $49.29
iJ.thty Supervisor $31.78 $33.37 $35.04 $3.6.79 $38.63.
Water R:ecycing.I'lant Operations Supervisor $40:55. $42.58 $44:71 $46.94 $49.29
...eater Resources & Cons.. Engineering Mgr $50.14 $52.65 $55.28 :$58:04 . $60.94
2009-2010 City of Petaluma / PEMA Unit 9':MOU 3`>