HomeMy WebLinkAboutAgenda Bill 2.D 10/18/2010fl ~~.~a' ItP,vw #Z . ~
DATE:
TO
FROM:
October 18, 2010
Honorable Mayor and Members of the City Council through City Manager
Pamala Stephens; Human Resources Manager ~~~~~
SUBJECT:. Ratification of the. Memorandum of Understanding executed by the City and the
Petaluma Professional and Mid-Mangers Association for employees of Unit 11 -
Confidential
RECOMMENDATION
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 11 -Confidential.
BACKGROUND
Unit 11 -Confidential is a newly formed bargaining unit established by the City Manager. Prior
to March 30, 2009, Unit 11 -Confidential employees were either members of Unit 4-
Professional, or Unit 9Mid-Managers and were not represented by an association or union. Their
salary, benefits, terms and conditions of employment were determined by the City and were
outlined in the Unit 4 andUnit 9 Compensation Plan that was adopted by the City Council,
expiring 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 and Unit 9Mid-Manager employees.
Based. upon.a community of interest, the City Manager established Unit 11 -Confidential and
moved the .positions of Accountant -Payroll, Human Resources Analyst I, II and III from Unit 4
to Unit l:. As were the positions of Executive Assistant. to City Manager, Finance and
Accounting Manager, Human Resources Manager, Legal Assistant and Risk Manager were
moved from Unit 9 to Uriit 11.
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 over the terms and conditions of employment for the contract
Agenda Review:
City Attorney Finance Director City Manager ,,.
r.
period July 1, 2009 through.June 30, 201.0. Those terms and condtions.are outlined in a Unit 11
-Confidential Memorandum of Understanding.
I)ISCIJSSION
Marty of the terms and conditions: of employment in the new Unit 11 MOU are the same as those
in the: prior Unit 4 and Unit 9 Compensation Plan. However,. there are some changes that were
.agreed upon between.the parties.. Some of the more significant changes'ncluded new contract
language providing association and management rights and. revised-language outlining
disciplinary and 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. IIVIPACTS
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 caleulatedusng aformula based upon the:monthly Ca1PERS Health
Premium for Kaiser -Bay ArealSacramento for each.employee and.his or her family members less
the City PEMHCA contribution times 95%, plus the PEMHCA contribution.
The additional costto therCity of providing the monthly benefit to employees in Unit 11 for the
period January through June 201;0.(6 months) was $1,195. Annualized, this amount would be
$2,390. The Unit 11 MOU is oma fiscal year basis and CaIPERS health plan rate increases are on a
calendar,yearbass. 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 b the Ci Contribution
Sin le $508:30. $101.00 $386.94 $487.94
' 2-Party $1,0.16.60 $101.00 $869.82 $970:82
Family $1,321.58 $101.00 $1,159.55 $1,260.55
Additional Benefit- Effective. Janu 1; 2010 - 4.56% increase.
City PEMHCA Maximum Total.
Coverage 201;0 Kaiser Rate
Contribution Additional Benefit City
Contributed by he 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
.~
AT'TACHIVIEN'd'S
1. Resolution. Ratifying 1V10U Executed by the Duly Authorized Representatives of the City
rofessional and Mid-Managers Association for Employees of Unit 11 -
and the Petaluma:P
Confidential
2. Unit. l 1 -Confidential MQU between the City of Petaluma :arid 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.
ATTACHMENT 1
~eso'l~tlon l~To. 2010-XX NC,S,.
of the Cigy of Petaflunia, C~lfo~ria
RESOLUTION RAT'IFY'ING MEMORANI)UIVI OF'UNDERSTANDING
EXECUTED BY THE DI1LY AUTHORIZED REPRESENTATIVES
OF 'I'ITE CITY AND TH'E PETALiJMA PROFESSIONAL AND MID-MANAGERS
ASSOCIATION FOR EMP1<,OYEES OF UNIT 11 (CONFIDENTIAL)
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 obligati'ori to meet and confer in .good faith with .respect to terms and
conditions of employment for the employees in Unit 11, in accordance with the Meyers-Milias-
Browri Act and the City's .Employer-.Employee Relations, Rules, and Regulations (Resolution
No. 55.12 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 1'S, 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,. l
W)EIEREAS, the City Manager has reviewed and concurs with said Memorandum of
Understanding for Unit 11 and does recommend that the City Council ratify said Memorandum
of Understanding.
NOW, THRREFORE, BE IT RESOLVED that the Memorandum of Understanding,
being in he 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.
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ATTACI~MENT 2
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MEIVIO~dAN®UII~ OF UNDERSTAN®1NG
between
CITY OF PETALUIVIA
and
PETALUi~IA PROFESSIONAL AND NII®-IVIA~~-GERS ASSOCIATION
JULY 1, 2009 THROUGH JUNE 30, 2010
. UNIT 1'I - CONFI®ENTIAL
T;~ri~_t~, oa ~'~~ti~~~i~.~~ rs
.Section Provision ~
~ Page
PREA-MBLE
~ 1
SECTION 1- TERIVI 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.F- ederalEState Laws 1
SECTION 3 -ASSOCIATION RIGHTS 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. Right's, -Advance Notice 2
3.6 Association Rights -List ofEmployees 3
SECTION 4 -ASSOCIATION DUES DEDUCTIONS 3
4.1 Association Ducs peduction -Payroll Deductions 3
SECTION 5 -MANAGEMENT RIGI~TS 4
SECTION 6 -SALARIES 4
b.l Salaries 4
b.2 Salary -Temporary Assignment Pay 4
b.3 Salary -Emergency Operation Center -Mid=Manager Employees 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 -ALTERNATE WORK WEEK AND OVERTIME 4
8.1 Alternate Work Schedule 4
8.2 Overtime -Compensation Rate 5
8.3 Overtime -Minimum -Professional Employees 5
8.4 Overtime -Minimum for Callbacks -Professional Employees 5
8:.5 Overtime -;Emergency -Professional Employees 5
. SECTIONS -COMPENSATORY TIME AND CALL BACK 5
~• 9.1 Compensatory`Time .Off 5
9.2 Call"Back 5
SECTION 10 -PART-TIME POSITION 6
10.1 Part,-time Position -Definition 6
.l Q:2 Part,=time. Position -Seniority 6
10.3 Part-tune Position -Pro-rated ..Leave and Benefits 6
10.4. Part-time Position -Merit Pay, Step Increases, and Probationary Period 6
SECTION 1'1= LiOLII)A~'S 6
11':1 Holidays - Fixed,Holidays 6
11.2 Holidays -Floating Holidays 7
2009 2010 City ofPetaluma / PPMA Unif T1 MOU ~
~9`aiio_r ~~~~ ~'~~~ren rs
Section Provision
:SECTION .12-VACATION
1'2.1 Vacation -Accrual -Professional Employees
1'2.2 Vacation -Accrual -Mid-Manager Employees
12.3 Vacation -Scheduling
1,2.4 Vacation -Deferral
12.5 Vacation -Usage
1.2.6 Vacation, -Payment at Separation
SECTION 13 -LEAVES -.SICK LEAVE
13.1 Sick Leave -Eligibility
13.2 Sick Leave -Accrual
1'3.3 Sick Leave -Notification Procedures
13.4 Sck.Leave -Transfer
1'3.5 Sick Leave -Retirement Payout
SECTION 14 -LEAVES =INDUSTRIAL IN.IURY LEAVE
SECTION 1S -LEAVES - AIDIVIINISTRATIVE LEAVE
-MID-MANAGER EMPLOYEES.
15.1 Administrative Leave -Annual Credit of Leave
1:5.2 Administrative Leave - .Pro-Ration of Leave Hours.
15.3 Administrative Leave -Annual Payment -for Unused Leave
115.4 Administrative Leave -Payment at Separation
SECTION 16 -LEAVES' -BEREAVEMENT LEAVE
SECTION 17 -LEAVES -VICTIMS OF DOMESTIC VIOLENCE
AND' SEXUAL ASSAULT LEAVE
SECTION 18 -LEAVES _ MILITARY LEAVE
SECTION 19 -LEAVES°- ELECTION OFFICER LEAVE AND
VOTING LEAVE
SECTION 20 -LEAVES - SCIIOOL VISITATION LEAVE
SECTION 21-LEAVES-.LEAVE OF ABSENCE WIT>FIOIJT PAY
SECTION 22 -LEAVES - JiTRY DUTY LEAVE
SECTION 23 -FAMILY CARE AND MEDICAL LEAVE (FMLA & CFRA)
23.1 FMLA and/or CFRA Leave
23.2 FIVILA and/or CFRA -Second Opinion
SEC'T'ION 24 -LEAVES -PREGNANCY DISABILITY'_LEAVE
SECTION 25 - I)ISCRIlVIINATTON, HARASSMENT, AN'D
RETALIATION PROI~IBITED
SECTION. 26 -REASONABLE .ACCOMMODATION
SECTION 27 -CALIFORNIA PUBLIC' EMPLOYEES' RETIREMENT
SYSTEM
SECTION 8 - ~IEALT'III BENEFITS -ACTIVE EMPLOYEES
28.1 Active Employees - PEMHCA Contribution
.28.2. Active Employees -Additional Benefit
28.3 Active Employees -Additional Benefit -January 1, 2009
28.4 Active Employees ~- Additional Benefit -January 1, 2010
28.5 Active Employees -Employee Contribution
2009-2010 City of Petaluma /`PPMA Unit 11 MOU
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Section Provision Page
SECTION 29 -HEALTH BENEFITS -RETIRED EMP~,OYEES 14
29.1 Retired Employees - Ca1PERS and PEMHCA 14
29.2 "Unequal Contribution" Method for Health. Care Premium Payments for Retirees 14
29.3 Ca1PERS Annuitant -PEMHCA Health Benefifs 15
29.4 Less Than 20 Years of Service -Not Receiving PEMHCA Health Benefits 15
29.5 Less Than 20 Years of Service -Receiving PEMHCA Health $enefits 15
29.6 20 Years or More of'Service -Not Receiving PEMHCA Health. Benefits 15
29.7 20 Years or More of Service -Receiving PEMHCA Health Benefits 15
SECTION 30 - CASIh~~IN-LIEU OF HEALTH AND DENTAL BENEFITS 16
SECTION 31- SEC'T'ION 125" PLAN 15
SECTION 32 -DENTAL :INSURANCE 17
SECTION 33 -VISION INSURANCE 17
SECTION 34 -LIFE INSURANCE 17
34.1 Life Insurance =Professional Employees 17
34.2 Life Insurance -Mid-Manager Employees 18
SECTION 35 -DISABILITY INSURANCE 18
35.1 Short-Term Disability Insurance -Voluntary 18
35.2 Long=Term Disability Insurance 18
SE'C'TION 36 -E'MPLOYEE' ASSISTANCE PROGRAM 18
SECTION 37 -DEFERRED COMPENSATION 18
SECTION 38 - TRANSFERS/PROlVIOTION_S RETREAT ENTITLEMENT 18
SECTION 39 -PROBATIONARY PERIOD 18
SECTION 40 -DISCIPLINARY AMID APPEALS PROCEDURES 19
40.1 Work Performance and Professional Conduct 19
40.2 Probationary' Employees 19
40.3 Discipline and.~Exempt Status under Fair Labor .Standards Act (FLSA) 19
40.4 Causes for- Discipline 19
40.5 Types of Discipline 20
40.6 Disciplinary Procedures -Actions less than 40 Hours 22
40.7 Disciplinary Procedures -Action more than 40 Hours 23
A -Notice of Intent to Discipline 23
B -Employee's .Response 23
C -Written Notice of Decision to Discipline 24
D - Appeal. to the City Manager 24
E - Evidentiary Hearing -The City Manager or Designee 24
F _ Evidentiary Hearing -Date and Time 24
`G -Written Findings and Decision 25
H - Administrative Procedures 25
SECTIOhI 41-GRIEVANCE PROCEDURE 25
:41.1 Grievance -Purpose of the Procedure 25
41.2 Grievance -Conduct of Grievance Procedure 25
41.3 'Grievance -Grievance Procedure 26
SECTION 42 - LAYOFF AND RECALL 27
42.1 Layoff Application 27
2009 2010 City of Petaluma / PPMA Unit 11 MOU iii.
~' gait i~ oF~ Co~~r~;~ r5
Section Provision Page
42.2 Layoff -,Employer Right 288
42.3 Layoff -Employee Notification 28
42.4 Layoff -Vacancy and Reclassification 28
42.5 Layoff -Employee Rights 28
42.6 Layoff -Seniority 28
42.7 Layoff -Order Of 29
42:8 Recall - Re-Employment `List 29
42.9 Recall - Duration of Re=Employment List 29
SECTION 43 -EMPLOYEE 'PERSONNE]L FILE 29
43.1 Employee Personnel: File -Right to Inspect 29
43..2 Employee Personnel. File -Acknowledgement Adverse Comments 29
SECTION 44 - OTIiER 29
44.1 -Other - Performance Evaluations 28
-44.2 ~ Other - Safety Committee 30
SECTION 45 - MUTUAL ACCEPTANCE AND RECOMMENDATION 31
EXHIBIT A - SALARY TABLE 32
2009-2010 City of Petaluma / PPMA Unit 1'1. MOU iv
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 11, grid have entered into this Memorandum of Understanding (MOU) pursuant to
the provisions of the Meyers-1VI'las-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 June 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 Memorandum
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 to commence
negotiations as well as its written initial proposals for any successor Memorandum of
Understanding.
SECTION 2 -GENERAL PROVISIONS
2.1 Recognition - Association. Reco nigtion ~ a
Subject to the statutory rights of self-.representation under Government Code Section 3503, the
Petaluma Professional and 'Mid-Managers Association is the recognized employee organization
for those classifications listed in Exhibit "A -Salary Table."
2.2 Recognition - City Reco rng_tion
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 FederallState Laws
if .any provisions of this MOU are invalid under an applicable federal. or state law, said provision
shall be modified to comply with'the requirements of said. federal or state law.
SECTION.3 -ASSOCIATION RIGHTS
3.1 ~ Association Ri~lits - Association Representatives
The City employees 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.
2009-20-10 City of Petaluma /~PPIVIA Unit l l MOU ~ ~,~
(A) The use of official time for this purpose shall 'be~,reasonable and shall not interfere with
the performance of the City services as deterrnined by the City.
(B) Such employee representatives., shall request time off from his/her respective supervisor
and coordinate work schedules....
(C) Except by mutual 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 by this 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 working hours.
3.4 AssocationRghts -Use of City Facilities
'The: Association or authori-zed 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`g21ts.-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
gi en.the opportunity to meet and confer prior to adoption.
(A) In eases 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
20.09-20'1Q City of Petaluma / PPMA Unit 1 LMOU 2 I
meet and confer 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
aet,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
authority to temporarily suspend any provision of this 1VIOU. Upon the termination of said
emergency, the terms .and conditions of the existing MOU will again. become effective.
3.6 Association Rights- List ofEmplo
The. City agrees to furnish the Association with the names, classifications, and dates of hire for
all members of the bargaining" Unit 11 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 IDIIES DEDUCTION
4.1 Association Dues-- Payroll. Deductions
Payroll deduction for membership dues shall be 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 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
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
addiess specified.
(D) The employee'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 anon-
pay status for an. entire pay period, no withholdings will be made to cover 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-apart 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 deductions have priority over the Association dues
:deduction:
(F) The 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 payments to the Association.
2009-2010 City ofPetaluma / PPMA Unit. T 1 1VIOU 3
SECTION 5 -MANAGE'ME'NT RIG>EITS
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
control over the City government, operations in the most. efficient and economical manner practicable
and in the best :interests of the City residents. All. managerial functions-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 Temporary Assignment Pay
Temporary Assignment Pay shall be provided in accordance' with the City's Temporary
Assignment Pay policy.
6.3 Salary -Emergency Operation Center -Mid-Mara er~Emplo,-.Pees
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 COMPENSATION
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 .Special Compensation - Bilin" ug al 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 -ALTERNATE WORK WEEK ANA OVERTIME
8.1 Alternate Work Schedule
Tle _ City agrees to consider reasonable alternative workweek programs proposed by the
employees. Such proposals (e.g_, four (4) day work week, flex scheduling, 9/80, job sharing) may
2009-2010 City of Petaluma / PPMA Unit 1 I I`IOU 4 t ~j
be considered on a case-by-ease 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 modifyand/or terminate such programs, is left exclusively with the City.
8.2 Overtime -Compensation Rate -Professional Employ
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 aupervisor,.
8.3 Overtime -~ Minimum -Professional Employees
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 -Professional Employ
Any employee required to xeturn to work on an unscheduled,., emergency basis after the end of the
employee''s working day shall, in no ease, be compensated for less than two (2) hours for such
overtime.
8.5 Overtime - Emer eg_ncY -Professional Employees
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 of vacation 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.
SECTION 9 -COMPENSATORY TIME AND CALL BACK -PROFESSIONAL EMPLOYEES
9.1 Compensatory Time .Off
Erriployees may receive; in lieu of being paid for overtime, Compensatory Time-off (CTO), at a
mutually agreeable tune 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 (24:0) hours per fiscal year. Compensatory Time shall not be pyramided
or compounded.. In ad'dit'ion,. no employee may .retain on the books more than- forty (40) hours of
unused C.omperisatory Time at any given point during the fiscal year. Amounts submitted in
excess of`these 1_imits shall be paid at time and one-Half (1.5) of the regular rate of pay.
9.2 .Call 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
2009-2010 City of Petaluma / PPMA Unit 11 MOU s I
work that day, the City .agrees, to compensate the; employee for the full. normal. working day.• In
exchange, :up unfil 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.reguired to work on a stand-by basis.
SECTION 10 -PART TIlVIE POSITION
10.1 Part-time Position -Definition
A part-time position shall so be o'_fficially 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 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.
10.4 Part-time Position.-Merit 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.
S°ECTION 11- HOLIDAYS
11.1 Holidays -.Fixed Holiday
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 vear'09110 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
ho`lid'ay falls on a Sunday, that'holiday will be observed on the following Monday. 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 without pay.
2009-2010. City of Petaluma / PPMA Unit l l MOU 6 1,5
11.2 Holidays - Eloatin Holidays
During the Fiscal year the City will authorize one (l) "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 3.1, will be eligible fora "Floating Holiday" during the course of the Fiscal year.
SECTION 12 -VACATION
i 2.1 Vacation -Accrual -Professional Employees
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 (10) 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 ofvacation.
Vacation time shall not be ,accumulated in excess of two (2) years or two times an employee's
annual vacation accrual as iriclicated in the vacation chart below:
Years. of
Service Vacation
Accrual s Accrual Lirnit
hrs
0-4 80 .160
5-9 120 240
10 128 256
11 136 272
12 144 288
13 1 S2 3'04
14 160 320
15 168 336
16 176 352
17 184 368
18 192 384
l9 or seater 200 400
12.2. Vacation -Accrual,-Mid-Manager Employ
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.
2009-201,0 City of Petaluma / PPM:A Unit.11 MOU ~ ^ 1
All regular employees of the City of Petaluma, after f ve (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, (10) 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 three (3). years or three times an employee's
annual vacation accrual as indicated in the vacation chart below:
Years of
Service Vacation
Accrual hrs AccruaLLimit
hrs
0-4 80 240
5-9 120 360
10 128 384
11 136 408
12 144 432
1.3 152 456
14 160 480
15 168 5.04
16 176 528
17 184 552
18 192 576
19 or eater 200 '600
12.3 Vacation - Scheduliri~
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 shall be taken during the following calendar year.
'12.4 Vacation -Deferral
any eligible employee with. the consent of the Department Director may defer his/her annual
vacation to the- succeeding calendar year subject to 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
~w
charged as vacaton;leave, and vacation leave shall be extended accordingly.
12.5 Vacation - ITsaae
A;n employee. may begin to use accrued vacation after successfully completing his/her
probationary perod'`with the City.
12.6 Vacation -=Payment at Sep_ aration
Ernployees'~ whq separate City employment shall be paid for all accrued unused vacation leave
earned pri`oraato~ the effective date of separation not to exceed two (2) years accumulation.
2009-2010 City of Petaluma / PPMA Unit 11 MOU s
SEC'T'ION 13 -;LEAVES -SICK LEAVE
13..1 Sick Leave -Eli ibg litV
' Sick weave with :pay shall. be granted to all employees. asset 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 an employee's family member, ,which
requires the employee's attention. The 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.
13.2 Sick Leave -Accrual.
,Sick leave shall accrue to all full-time employees at the rate of eight (S) hours for each month of
continuous 'service.
13.3 Sick Leave -Notification Procedures
In order to receive compensation while absent on sick. leave; ahe employee shall notify his/her
Department Director br 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 maybe required°to provide physician's verification of'absence.
13.4 Sick Leave -Transfer
Employees wishing to donate hours of sick leave to another employee may do so by sending a
written request, approved by his/her 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. fo 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 actual hours needed and used by the
receiving employee.
(C) Anydonated sick leave hours'unused by recipient shall be returned to the donor.
j 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:maynot buy or sell sick leave.. Only the time may be 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 rnore.'than ninety (90) workdays of sick leave may be received by an employee for any
one illness or injury.
2009-2010 City of Petaluma / PPMA Unite 1 T MOU 9
I~, ,
13.5 Sick Leave -Retirement Pam
In the event of the death or retirement of an employee who has completed ten (i 0) 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 leave not to exceed. four-hundred-
eighty (480) hours. 'The employee may elect not: to receive this benefit and instead place all sick
leave hours into the Ca1PERS sick leave conversion benefit:
SECTI®N 14-'LEAVES - INI)iJS'PRIAL INJURE' 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 his/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 regularrate 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.
Sick leave for industrial injury shall .not be allowed for a disability resulting from sickness, self-'inflicted
injury, or willful misconduct.
The City may retire any employee prior to the exhaustion of accumulated sick leave, at which time all
accrued but unused sick leave shall be abrogated, subject only to the limitations provided under this
Memorandum of Understanding.
SECTION 15 -LEAVES - ADIVIINISTRATIVE LEAVE -.MID-MANAGER EIVIPL®YEES
15.1 Administrative Leave -Annual Credit of Leave
Employees shall be credited: with eighty (80) hours of administrative leave each fiscal year.
15.2 Administrative Leave -Pro-Ration.ofLeave 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.
15.3 Administrative Leave -Annual Payment for Unused Leave
Employees shall receive payment for up to forty (40) hours of unused administrative leave at the
end of the fiscal year. Payment shall be at the employee's base pay rate as of June 30. Payment
shall be made on the last pay period of the fiscal year..
15.4 ,Administrative Leave -Payment at Separation
Employees who .separate employment shall receive payment of up to forty (40) hours of unused
administrative leave: Payment shall be at the base pay rate at the time of separation.
2009-2010 City of Petaluma / PPMA Unit 11 MOU to '~
~~~,.~
SECTION 16 -LEAVES - BEREAVEIVIENT LEAVE
An employee shall be .granted up to 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
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
person with whom the employee has a relationship in loco parentis. tJp 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 (300) 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 17 -LEAVES. -VICTIMS OF DOMESTIC VIOLENCE AND
SEXUAL ASSAULT LEAVE
The City of Petaluma provides appropriate leave, in accordance with California Labor Code Section 230.
SECTION 18 -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 wfio 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 unfil the date of discharge from military service, whichever occurs .first,
unless this policy is changed by action of the City Council.
SECTION 19 -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 twa (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 lie or, she will be taking time off to vote.
.SECTION"20 -LEAVES - SC>EIOOL VISITATION LEAVE
Employees may take up to forty (40) hours in a year to participate. in the child's school activities, in
accordance with Labor ~Gode section 230.8.
SECTION 21-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
2009-2010 City of Petaluma../ °PPMA Unit 11 MOU 11
~-
reason for the request; and the approval will be m w~riting,'Upon expiration of a regularly approved leave
or within a reasonable period of time after notice to _retui-n to duty,. the employee: shall be reinstated in .the
position held at the timeleave was. granted: Failure .ori 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 22 -LEAVES -JURY I)3TY 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 fo attend the court in response to such ummons. Any employee may
retain payment for travel but shall make payable to the City any and all fees which the employee may
receive m payment for service as a juror. For Grand Juries this compensation shall not extend beyond
twenty (20) working days.
SECTION 23 - FAMILY CARE ANID MEDICAL LEAVE (FMLA 8i CFRAI
23.1 F~1VIL.A 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 (FIYILA) and. the California Family Rights Act of 1993 (CFRA). If ,possible,
employees.must provide thirty (30) days advance notice of leave:
23.2 FMLA and/or CFRA -Second Opinion
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 healthproviders, athird and binding opinion, at City expense shall be sought.
SECTION 24 -]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.
SEC'T'ION 25 -DISCRIMINATION, FIARASSIVIENT, & RETAd~IATION PROffiBITED
-The City and its employees are prohibited from discriminating against an applicant or employee because ~,
the employee is in a "protected class" (based ori age, race, etc.) in taking any personnel actions (such as '-~
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'26 -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.
2009-2010 City of Petaluma / PPMA Unit 1`1 MOU 12
SECTION 27 -CALIFORNIA PUBLIC EMPLOYEES'" RETIREIVIENT SYSTEM
The City provides. 1Vliscellaneou's employees with the two percent (2:0%)' at fifty-five (55) formula
.retirement plan: The Gity's contract with Ca1PERS .includes the :following optional benefits: ~
~~
m Tliird Level - 1959 Surviv.or's Benefit as provided n,Secton 21.573 (April 5`, 1999),
0 Military Service' Credit as;provi'ded in Section 209:30.3 (January 1, T992,).
® One-Year Final Compensation, as provided in Section 20024.2 (November 1, 1980).
® Credit for Unused Sick Leave: as provi„ded in Section 20862.80 (November .1,.1980).
® Cost. of Livng~Allowance two. percent. (2%)• as provided in Section 21335 (April 1, 1971).
® Retired.Death Benefit of five,-liundred:($500) as provided in Section 21620 (December 1, 1969).
® Death Benefit Continues as provided in Section 21.551 (January 1, 20:00.).
® .Prior Service Credit ~as provided in Section 20055 (Jamary 1, 195'0):
The City shall continue to defer. that, portion of the employee's contribution paid to. CaIPERS through
section.414(h) (2~) of the. Internal Revenue~Code pursuant to Cityof Petalurria Resolit~tion 90-3'63 N.C.S.
SECTION 28 -:HEALTH BENEFITS.-ACTIVE EMPLO.YE'E`S
28.1 Active Employees - PEMHCA;Contribution ~ '
The City currently provdes~'liealth benefts through the California Public Employees' Retirement
System (GaIPERS) Healtli.Benefits Program under the Public Employees' Medical and Hospital Care
Act (PEMHGA). The. City's" employer contribtitioil for each. employee's health benefits shall be the
miniinum.required by PEMHCA. The City pays this contribution,:direcfly to Cal'PERS.,
28.2 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 lis or her family
members.
28.3 Actve.Einployees -Additional"Benefit- January 1.,.::2009: ,
Effecfve January 1, 2009 the City shall provide active employees with. an additional monthly benefit,
calculated as follows: the. cost of the monthly CaIPERS, Health Premium for Kaiser -Bay
Area/Sacrarriento ..less the City's PEMHCA contribution times .ninety-five percent (95%) for ,each
' employee `and .his or her family members. For example, effective 7anuary' 1, 2009, the mont111y
p ~ the Kaiser. rate for single health benefit coverage is$508.30. The additional benefit would
renuum at
be calculated at.$508~.301ess $101:00 times 95% _ $386;94
Additional Benefit - Effecfive:,January 1, 2009
Coverage '
2009 Kaiser Rate City PEMHCA
Contribution Maximum Additional Benefit '
Contributed by the City
Single. $508.30 $'101.00 $386.94
2-Party ~ $1;0.16.60 $,10'1.00 $869.82
Family $1,321.58 $a0L:00 $1159:5`5
2009-201'0 City of Petalurria / PPMA Unit 11 IvIbU t3
a.
28.4 Additional Benefit -Effective Jan ~ 1 2010
Coverage 20.10 Kaiser Rate City PEMHCA
Contribution Maximum Additional Benefit
~ Contributed b the Ci
Sin le $532.56 $105.00 $406.18
2-E $1;065.12 $105.00 $912.11
Fami1. ~ .$'1,3'84.66 $105.00 $1,215.68
28.5 Employee Contribution
Employees shall contribute to his/her Ca1PERS Health Prerriium in the amounts less the City's
PEMHCA contribution and less the additional benefit paid by the City.
SECTI®N 29 -HEALTH BENEFITS -RETIRED EMPLOYEES
29.1 Retired. Employees - Ca1PERS and PEMHCA
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): In -order for a retired employee to be eligible to receive health benefits through
Cal~PERS upon retirement, a retiree must. meet the following definition of "annuitant" under Ca1PERS
law:
(A) Employee must be a member of CaIPERS; and
(B) Employee must retire within one-hundred-twenty (120) days of separation from employment
with the City of Petaluma.and receive a monthly retirement: allowance from Ca1PERS.
29.2 "Unequal 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 Go"vernment Code section 22892. Under this method, the City is
required annually to increase the total. monthly annuitant health care contribution to equal. an amount
riot 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 calendaryear 2009, the formula for determining the City's PEMHCA for
retirees'is as follows:
15 years in the PEMHCA program x 5% ° 75% x $101 (m,'nimum employer contribution for active
employees for 2009); _ $75.75.
For calendar year 201.0, the .formula for determining the City's PEMHCA contribution. for retirees is
as follows: ..
16 years. in the,FEMHGA program x 5% = 80% x $105 (minimum employer contribution for active
employees'for 2010) _ $84.00.
The City pays; this contribution directly to CaIPERS. The retiree is required to contribute to the cost of
the health benefit coverage. The retiree's monthly contribution shall be the cost of the monthly health
benefit premium less the amount of the City's contribution.
2009-2010 City of Petaluma / PPMA LTriit 11 MOU 14
29.3 Ca1PERS Annuitant -PEMHCA. Health ;Benefits
In accordance with the PEMHCA provisions, if an employee is a Ca1PERS annuitant as defined in
Section 2$.l 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 Petaluuma.
29.4 Less`Thaa 20 Years of Service-.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.
29.5 Less Thari~ 20 vears-of Serviee~>-~Receivi
A retired employee with ess 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 Ca1PERS health benefit program is
eligible to receive-the City's PEMHCA contribution amount according to the following schedule:
Calendar Year Ci 's Moiithl PEMHCA contribution
_
_ -
2009 $.7-5 75
201:0 $84:00
2011
he "unequal contribution" method formula or $85.00,
c
wer iced
. e te
wh
he
2012 As determined by the "unequal contribution" method formula or $90.00,
whichever is eater
As
determined by the. "unequal contribution" method formula or $95.00,
2013 ,
whichever is ' eater
2014 As determined. by the "unequal contribution" method formula. or
$1,00.00, whichever is eater
29.6 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.
29.7 20 Years 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
CaIPERS' annuitant as defined in Section 28.1 and enrolled in the Ca1PERS health .benefit
program hall receive, a benefit payment of one-hundred-twenty dollars ($120.00) per month as
specif ed in this ecton.
.The City's: cash retiree benefit is sent directly to the retiree.
The following, chart indicates the amount of the City's PEMHCA- contribution and the amount of
each payrrerit to the "retiree in the coming years.
2009-2010 City ofPetaluma / PPMA Unit 11 MOU 15 ~ ~'
Calendar City Monthly PEMHCA contribution City Cash Retiree Benefit Total Benefit
Year Amount
2009 $75.75 $44.25 $120.00
2010 $84:00 $36.00 $120.00
2011 As determined bythe "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
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 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 the retiree to notify the City in writing if he or she is no longer participating in
the Ca1PERS 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 30 -.CASH IN-LIEU OF HEALTH AND DEN`I'AL, BENEFITS
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 his/her coverage under the City`s health and/or dental benefits, 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 iri the amqunt of fifty percent (50%) of the health
insurance premium. amount of the Ca1PERS Kaiser-Bay-Area/Sacrarriento that the City would: otherwise
pay .for ,the employee and his or•her family members. The cash in-lieu amount for dental insurance
benefits shal'1 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 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 Unit 1"11VIOU 16 ~,
SECTI®N 31-SECTION .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:
(A) Pre-Tax Health Insurance Premiums
This program allows employees to pay his or her share of health insurance premiums with
pre-tax dollars.
(B) Flex Spending:. Accounts (FSAs) '
(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) Dependent Care Reimbursement
This~~p"rogram permits employees to pay for most child and or dependent care
expenses with pre-tax dollars.
SECTION 32 -DENTAL INSURANCE
The City shall provide a dental plan for the term of the. Memorandum of Understanding and pay the total
premium costs -.for. the employee and eligible dependents. The maximum benefit amount is one-
thousarid-five-hundred .dollars ($1,500) 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 (subject to a $:1;000 lifetime maximum per person).
SECTI®N 33 -VISION INSURANCE
The City shall provide a vision plan for°employees 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 {$2"5:00)
deductible. Frarries are mailable every twelve (12) months with a maximum benefit of one-hundred
twenty dollars ($:120:00) and lenses are available every twelve (12)'rrionths with a maximum'benefit of
two hundred dollars ($200..00).
SECTI®N 34 -LIFE INSURANCE
3'4:.:1 Life. Insurance: -Professional Employees
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).
2009-2010 City of Petaluma / PPMA Unit 11 MOU 17 a "'
3"4.2 Life .Insurance.-Mid-Manager Employees
The City shall provide employees with life insurance in the amount of one and one-half (L,5)
_ fumes the employee' annual salary rounded to the nearest.even dollar, not to exceed two-hundred
thousand dollars ($200,000.00).
' ~ SECTION 35 -.DISABILITI' INSURANCE
35.1 Short-Term Disability 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.
35.2 liong-Term Disability Insurance
The City shall provide for along-term disability plan. at ninety (90) days after the designation is
rnet, with the premium to be paid for.by the City.
SEC')cION 36 - 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 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. 37 -DEFERRED COMPENSATION
The City shall make. available to members of this Unit the City''s Deferred Compensation Plans.
SECTION,38 - TRANSFERS7PROlVIOT~IONS RE'T'REAT 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
successfullycompletedgrobation in the pre-promotional classification.
SECTION 39 -PROBATIONARY PERIOD
All original, ransfer, 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,., maybe rejected.
The .initial probationary period. for professional and,mid-management employees is twelve (12) months
from the date of hire, promotion, 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, the probationary period will be extended'for that time.
2009-2010 City ofPetaluma / PPMA Unit 11 MOU 1'8 "~~
During.;the.,probationaryperiod, anemployee 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 38 Transfers/Promotions/Retreat Entitlement.
Promotions of employees still on probation will result in a new probationary period for the class into
which the individual was promoted.
SECTION 40 - DISCIPLINARY' AND; APPEALS. PROCEDURES
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 Cityoperations and programs.
40.1 Work Performance and.Professional Conduct
All employees are expected. to maintain a high standard of work performance and professional
conduct.
40.2 Probationary 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.
40.3 Discipline and Exempt Status under Fair Labor Standards Act (ELBA)
Notwithstanding any provision in this MOU, any .regular employee who is exempt ;from the
overtime provisions of the Fair Labor Standards, Aet ,(FLSA) will not be subject to discipline or
penalty that is inconsistent with liis or her FLSA overtime-exempt status.
40.4 Causes for Disei~line
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 fb 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 sick leave in a manner not authorized or provided for pursuant to City policies.
(C) Dishonesty or snaking 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.
2009-2010 City of Petaluma / PPMA Unit 11 MOU 19
(F) The damaging of City property, equipment,.. vehicles, or the waste of City supplies
through negligence or misconduct:
(G) Discourteous, disrespectful or discr~imiriatory tr'eafinent of any member of the public
or any City employee.
(H) Unsatisfactory job performance, neglect'of job duties, ineffectiveness or inefficiency.
(I) Insubordination.
(J) Disclosure of confidential City information to any unauthorized person or entity.
(K) Altering, falsifying, or tampering with atime heet or any City record.
(L) Violation of any provision of the City' Pe"rsonnel Rules, any department rules, or any
Federal, State or City rules, laws, regulations; ordinances or resolutions.
(M) Conduct unbecoming a City employee, or conduct that impairs, disrupts or causes
` discredit to the City, the employee's City employment, or to 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 in any threatening workplace behavior.
(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 polo
contendre, regardless of sentence, grant of probation, or otherwise.
40.5 Types of Discipline
The City may invoke appropriate discipline, which may include the following types of discipline:
(A) Verbal Counseliri~
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 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. Tlicre is no :other. current or pending corrective action at the time the employee
subm~fis his or her written request to the Department Director.
2009-2010 City of Petaluma / PPMA Unit 1.1 MOU 20 a 1-
(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. Beforc 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
action, :respond to liis or her Department 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. f le.
(D) Written Reprimand,
A written reprimand hall 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 Without Pay
The :Department. pirector 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. 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.
Document's 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. here`n.;
(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
21
2009-2010 City of Petaluma / PPMA Unit 1.1 MOU
~,
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.
40.6 Disciplinary Procedures. for Recommended Disciplinary Actions for Suspensions without Pay for
Salary Reduction
A regular employee recommended for a suspension without pay :for forty (40) hours or less,
reduction in pay equal to or aess 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 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 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 for a conference. 'The employee. may have a
representative presenf 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 d'isciplinary' action. The employee shall have no further right of appeal.
2009-2010 City of Petaluma / PPIVIA Unit 11 MOU 22 ~ l
(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
disciplinary action. In any event, the Department Director shall prepare and provide the
employee a notice 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.
40.7 Discinlinarv Procedures for. Recommended Disciplinary Actions. for Suspensions without Pav 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.
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. pe"rcent (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 Disci lp ine
The employee will be provided a written notice ofintent 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 to the Department Director regarding
the charges either orally during an informal conference, or in writing, or both;
6. The dafe 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
Deparkm'ent"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
2009-2010 City of Petaluma./ PPMA Unit 11 MOU 23 2
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 inforrrial 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
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
disciplinary action. „-In any event, the .Department Director shall prepare and provide the
employee a notice that contains the following:
1. A statement ofthe 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 right to appeal.
(D) Appeal to the... C Manager .
A regular employee may appeal a Department Di"rector's written notice of decision to
discipline by delivering 'a written request for appeal to the City .Manager. The written
request for appealmust be received within~ten (10) calendar days from the Department
Director's'notice of decision to discipline.
(E) Evidentiary Hearing -The City Manager or Desi ngee
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
decis'on 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.
(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, hay=rig 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.
2009-2010 Citiy of Petaluma / PPMA Unit 11 MOU 24 ~=
(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
Officer shall. xender 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
Officer's proposed statement. of written findings and decision. The City Manager shall
render a final statement of written findings 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 41-GRIEVANCE PROCEDURE
41.1 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 def ned 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). .
41.2 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) Thee 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.
2009-2010 City of Petaluma / PPMA Unit. l l 'MOU 25 ~'~'
41.3 Grievance. Procedure
(A) Step Orie
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 thirty (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.
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 after the "informal discussion with the ,immediate supervisor. The written
grievance shall pecfy 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 (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,. (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 if' 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.
2009-2010 City of Petaluma / PPMA Unit 1`1 IvIOU 26
If the employee..does not receive a decision in writing from his/her supervisor ormanager
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) Ste~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 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
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. riot 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 receving'the Department Director'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 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 `Manage"r' deems appropriate. The City Manager may designate. a fact-finding
committee or off'cer 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.
SE'C'PION 42 -LAY®FF AND RECALL
42.1 La, o~pplicaton,
Should the City .decide, for labor cost-control reasons, to permanently eliminate bargaining Unit
work by. permanently replacing existing bargaining Unit positions with contract or subcontract
employees to do thesame work under similar conditions of employment ("Work Elimination"),
2009=2010 City of Petaluma /'RRIVIA Unit 11 MOU 27 ~ .
the City agrees to notify the 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.
42.2 Layoff - Em~lo ey r 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 maybe laid off or demoted without disciplinary
action and without the right of appeal.
42.3 Layoff -Employee Notification
Employees to be laid off shall be given at least fourteen (14) calendar days' prior notice.
42.4 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 hisLher names placed on the re-employment. list.
42.5 Layoff - Emplo ewe .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.
42.6 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 classification 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 of 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 shall serve a probationary period in the
new classif cafion unless they have previously completed a probationary period in the retreat.
classification or. a higher classification in the series.
2009-2010 City of Petaluma % PPMA Unit`l MOU 28
42.7 Layoff - Qrder of
In each classification of position within. the 'competitive service, employees shall be laid off
according. tb employment .status in the following- order: temporary, provisional, probationary,
and regular.
Temporary, provisional, and probationary employees shall be laid off according to the needs of
the service. as determined by the appointing authority.
42.8 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 list 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.
42.9 Recall -Duration of Re;;Empl'oyment List
Names of persons laid. off shall be carried on a re-employment list for two (2) years.
SECTION 43 -EIVIPLOYEE I'E>ltSONNEL FILE
43.1 Employee Personnel File - Right 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.
43.2 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 file, and written notice that the material. will
be placed in his/her~;personnel file: 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 file.
SECTION 44 - OTI-IER
44.1 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. The response will accompany
the performance evaluation in the employee's personnel file. The contents of a
2009-2010 City of Petaluma / PPMA Unit 11 IVIOU 29 ~~"
performance evaluation shall not be subject to the provisions of the Grievance Procedure
of this agreement.
44.2 Safety Comm~iitee
The City agrees that it Chas 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.
2009-201.0 City of Petaluma / PPMA Unit 11 MOU 30 `~'
SECTION 45 -MUTUAL ACCEPTANCE AND RECOMMENDATION
The parties affix his/her signatures as constituting mutual acceptance and recommendation of this
Memorandum ofUnderstanding to become effective July 1, 2009 upon acceptance and approval of
the City Council.
PETAIJUMA PROFESSIONAL &MID-MANAGERS ASSOCIATION
Katie C` p, President, PP Date
Tim Wi~lliamsen, Vice-President, PPMA Date
1
,S
/Lead Negotiator
Ste~;~'~mmons, Members-at-Large, PPMA
CITX OF PETALUIVIA
~~~
Pamala Stephens, Human'Resources Manager
Scott Brodhun, ssistant City Manager
~~~.
Date
/ l~
Date
Date
09 -~o - a oio
Date
~.-3~.
Date
2009-20.10 City of Petaluma / PP1V1A Unit ;1,1'MOU 31
EXIIIBIT.A--SAIJARY TABLE
Unit 11-Professional Employees
Sal`aryRan`ges Effective July 1, 2009
~'lassific~itinn 1 2 3 -t
Accountant -Payroll. $27.46 $28.83 $30.27 $31.78 $33.37
uman Resources Analyst,I $27.53 $28.91 $30.35 $31.87 $33.46
Human Resources.Analyst,II $30.84 $32.3'8 $34.0 $35.70. $37.48
Human Resources Analyst IIi $3'5.46 $37.24 $39.10 $4.1.05 $43.11
Unit 11-1VIid-lVlanager Employees
Salary Ranges Effective J~u~y -1,.20.09.
Classetiration __ 1 2 3 -t >_
Executive Assistant to City.lVlanager $28..85 $30.29 $31.81 $33.40 $35.07
Finance & AccountinglVIanager $39.70 $4L.68 $43.77 $45.95 $48.25
Human Resources Manager $47.08 $49.43 $51:91 :$54.50 $57.23
Legal Assistant $28.25 $29..66 $31.14 $32.70 $34.33
Risk Manager $39.70 $4'1.68 $43.77 $45.95 $48.25
2009 201.0 City ofPetaluma / PPMA Unit 11 MOU 32 -