HomeMy WebLinkAboutResolution 2016-006 N.C.S. 01/04/2016Resolution No. 2016-006 N.C.S.
of the City of Petaluma, California
RATIFYING THE TENTATIVE AGREEMENT REACHED BY THE DULY
AUTHORIZED REPRESENTATIVES OF THE CITY OF PETALUMA AND
THE PETALUMA PUBLIC SAFETY MID -MANAGEMENT ASSOCIATION,
UNIT 10, AND APPROVING AN UPDATED MEMORANDUM OF
UNDERSTANDING INCORPORATING THE TENTATIVE AGREEMENT
FOR EXECUTION BY THE PARTIES
WHEREAS, the City of Petaluma, through its duly authorized representatives, and the
Petaluma Public Safety Mid -Management Association (PPSMMA), through its duly authorized
representatives, have concluded their mutual obligation to meet and confer in good faith with
respect to terms and conditions of employment for the employees of Unit 10 in accordance with
the Meyers-Milias-Brown Act and the City's Employer -Employee Relations, Rules and
Regulations (Resolution No. 55412 N.C.S.); and
WHEREAS, the duly authorized representatives of the City and the PPSMMA have
reached Tentative Agreement pursuant to Section 15, Resolution No. 5512 N.C.S. and
recommend its approval by the City Council; and
WHEREAS, the City Manager, pursuant to Section 28 of the Charter of the City of
Petaluma, and as the City's Municipal Employees' Relations Officer (Resolution No. 5375
N.C.S.), is required and empowered to make a recommendation to the City Council on matters
related to employees' compensation; and
WHEREAS, the City Manager has reviewed and concurs with said Tentative Agreement
for Unit 10 and does recommend that the City Council ratify said Tentative Agreement and
approve the updated Memorandum of Understanding incorporating the Tentative Agreement for
execution by the Parties.
NOW, THEREFORE, BE IT RESOLVED that the Tentative Agreement attached
hereto and incorporated as Exhibit A, being in the best interests of the City of Petaluma, is
ratified; and
Resolution No. 2016-006 N.C.S. Page 1
BE IT FURTHER RESOLVED that the Unit 10 Memorandum of Understanding
attached hereto and incorporated as Exhibit B is approved for execution by the Parties and the
terms and conditions of the Unit 10 Memorandum of Understanding shall be effective July 1,
2014 through June 30, 2017.
Under the power and authority conferred upon this Council by the Charter of said City.
REFERENCE: I hereby certify the foregoing Resolution was introduced and adopted by the, -Approved as,to
Council of the City of Petaluma at a Regular meeting on the 4th day of January, form
2016, by the following vote:
City Atto ey
AYES:
NOES:
ABSENT:
ABSTAIN
ATTEST:
Albertson, Barrett, Healy, Kearney, Vice Mayor King, Miller
Mayor Glass
None
None
City Clerk
ayor
Resolution No. 2016-006 N.C.S. Page 2
Exhibit A
Tentative Agreement Between the City of Petaluma and
Unit 10 Petaluma Public Safety Mid -Management Association
The following is the total tentative agreement reached by the parties.
Section 1.1 Effective Date
This Memorandum of Understanding shall be for the period commencing on July 1, 2014 with
adoption by the City Council and continuing through June 30, 2017.
Section 6 Salaries
a. All Fire Department Unit 10 members shall receive a 4% base wage increase effective
December 7, 2015. All Police Department Unit 10 members shall receive a 4% base wage
increase effective December 6, 2015. Salary ranges shall be as specified in Exhibit A for
each classification.
b. The parties agree to re -open negotiations in April 2016 for the sole purpose of discussing
a potential salary adjustment during fiscal year 2016/17. The only item that is subject to
this re -opener is a potential salary adjustment. If an agreement on the wage re -opener is
not reached by the parties until after July 1, 2016, any salary adjustment shall be, at the
City's option, either retroactive to July 3, 2016, or adjusted to reflect the lost value going
forward as if the adjustment had been implemented on July 3, 2016. For example, if the
parties agreed to an adjustment of 2%, but said adjustment is not implemented until
January of 2017, then the adjustment in January would be 4%; if it were implemented in
October of 2016, it would be 3%.
Add Section 7.15 Battalion Chief Fill -In Assignment
If a Battalion Chief shift needs to be filled temporarily due to the absence of the assigned
Battalion Chief, the fill-in assignment shall be first offered rank -for -rank. If no Battalion
Chief elects to accept the assignment it shall be offered to a qualified Fire Captain who
is eligible to be an Acting Battalion Chief. If no qualified Fire Captains are available or
agree to accept the fill-in assignment the Fire Chief may mandate a Battalion Chief to fill
the shift.
When assigned to fill in or cover a Battalion Chief shift the Battalion Chief shall be
compensated at the rate of one and one-half times (1.5) the base hourly rate (no
additional pays such as management pay, longevity, etc) of the Battalion Chief's
current step of the 56 hour Battalion Chief salary range (If assigned to a forty (40) hour
work week they shall be compensated at the rate of time and one half of the
comparable step of their 56 -hour counterpart.)
Add Section 7.16 Signing Bonus
In the first pay period following ratification by the City Council each Unit 10 member shall
receive a signing bonus of $2,000.
Delete Section 7.2 Longevity Pay - 15 Years of Service - Fire
Resolution No. 2016-006 N.C.S. Page 3
Revise Section 7.3 Longevity Pay - 15 Years of Service --Pe4 c -e
Employees with fifteen (15) years of paid service with the City of Petaluma as a member
of a City bargaining unit shall receive longevity pay in the amount of five percent (5%) of
their base hourly rate.
Revise Section 10.7 Holiday Pay - Scheduled Holidays - 40 -hour Work Week - Fire
Scheduled holidays for fire department employees assigned a 40 -hour work week shall
be the observed twelve (12) holidays established by City Council Resolution and Lr„pp;n'q
B+rthdGy one (1) Floafing Holiday for a total of thirteen (13) holidays. The floating holiday
may be taken as time off on a day mutually agreeable to the employee and the Fire
Chief.
Revise Section 12.1 Administrative Leave - Annual Credit of Leave
Employees shall be credited with eighty (80) hours of administrative leave each fiscal
year. Employees assigned to a fifty-six (56) hour work week shall be credited with ninety-
six (96) hours of administrative leave each fiscal year. Notwithstanding the foregoing,
fifty-six hour Unit 10 members agree to decrease Administrative Leave to 72 hours (from
96) for Fiscal Year 2015/2016 with a carry-over of the remaining 24 hours into Fiscal Year
2016/2017.
Revise Section 12.3 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. Employees assigned a fifty-six (56) hour work week shall
receive payment for up to forty-eight (48) hours of unused administrative leave at the
end of the fiscal year. Payment shall be at the base pay rate as of June 30. Payment
shall be made on the last pay period of the fiscal year. Notwithstanding the foregoing,
forty hour Unit 10 employees shall receive payment for up to twenty (20) hours of unused
administrative leave at the end of Fiscal Year 2015/16 and may carry forward up to
twenty (20) hours of unused administrative leave into Fiscal Year 2016/17. Carry forward
administrative leave may only be taken in paid time -off and has no cash value.
Revise Section 27 Health Benefits - Active Employees to read as follows:
27.1 Active Employees - PEMHCA Contribution
The City currently provides health benefits through the California Public Employees'
Retirement System (CaIPERS) Health Benefits Program under the Public Employees' Medical
and Hospital Care Act (PEMHCA). The City's employer contribution for each employee's
health benefits shall be the minimum required by PEMHCA. The City pays this contribution
directly to CalPERS.
27.2 Active Employees - Additional Benefit
Effective January 1, 2017 the City shall pay an additional benefit that depends upon the
actual percentage increase in the Kaiser - Bay Area premium. The City's additional benefit
contribution for 2017 shall be up to a 9% increase of the 2016 Health Plan Rate less the City's
PEMHCA contribution, times 95%, or an amount equal to the actual 2016 CalPERS Health
Premium for Kaiser-Bay-Area/Sacramento, less the City's PEMHCA contribution, times ninety-
five percent (95%) for current employees and their covered family members, whichever is
less. If the percentage increase is greater than 9%, the City and the employee shall share the
amount above 9%, with the City paying 50% of the amount above 9% and the employee
paying 50% of the amount above 9%.
Resolution No. 2016-006 N.C.S. Page 4
For example, effective January 1, 2015, the monthly premium at the Kaiser rate for single
health benefit coverage was $714.45 and the PEMHCA rate was $122. The additional benefit
was calculated at $714.45 less $122.00 times 95% _ $562.83. The employee contribution was
$29.62 ($714.45 - $122 - $562.83 = $29.62)
The 2016 monthly premium at the Kaiser rate for single health benefit coverage is $746.47
and the PEMHCA rate is $125. The additional benefit is calculated at $746.47 less $125 times
95% _ $590.40. The employee contribution is $31.07.
If the monthly premium at the Kaiser rate for single health benefit coverage for 2017 is
$813.65 or less (9% increase or less) and the PEMHCA contribution is $128, the City additional
contribution will depend on the actual increase, but will be no more than $652.32 ($813.65 -
$128 x 95% _ $652.32). The employee contribution would be $33.33 or less. If, instead, the
monthly premium at the Kaiser rate for single health benefit coverage were, for example,
$820, the employee contribution would be $36.505. $820 - $813.65 = $6.35 (amount above
9%) . $6.35/2 = $3.175. $33.33 + $3.175 = $36.505
27.3 Employee Contribution
Employees shall contribute to his/her CalPERS Health Premium in the amounts less the City's
PEMHCA contribution and less the additional benefit paid by the City.
Revise Section 31 Dental Program:
The City shall provide for a group self-funded Delta Dental Program Plan coverage
indicated on provider contract documents on file in Human Resources for City employee
and dependents in this Association. The maximum benefit amount will increase effective
January 1 2016 to two thousand dollars ($2,000) per person per calendar year.
Additionally, the City shall contribute toward an orthodontia plan one thousand dollars
($1,000) per child at a fifty percent (50 %) co -payment rate. The City shall pay, during the
period of this MOU, the full premium toward the City group dental insurance coverage
program.
Add Section 39 Purchase of Firearm
Upon retiring with an Honorable or Medical retirement from the Petaluma Police
Department and obtaining a Retirement ID from the Chief of Police that allows the
retiree to carry a concealed weapon in accordance with all applicable Federal and
State laws the retired member shall be allowed to purchase at fair market value the
firearm that was issued to him or her from the City of Petaluma.
Renumber Section 40 3-V - MUTUAL ACCEPTANCE AND RECOMMENDATION
PETALUMA PUBLIC SAFETY MID -MANAGEMENT ASSOCIATION
Tim Lyons, Negotiating Team, PPSMMA
Jeff Holden, Negotiating Team, PPSMMA
Date
Date
Resolution No. 2016-006 N.C.S. Page 5
CITY OF PETALUMA
Dianne Dinsmore Date
Human Resources Director
Scott Brodhun Date
Assistant City Manager
Resolution No. 2016-006 N.C.S. Page 6
Exhibit B
MEMORANDUM OF UNDERSTANDING
between
CITY OF PETALUMA
and
PETALUMA PUBLIC SAFETY MID -MANAGEMENT ASSOCIATION
Unit 10
July 1, 2014 THROUGH JUNE 30, 2017
Resolution No. 2016-006 N.C.S. Page 7
TABLE OF CONTENTS
Section Provision Page
PREAMBLE..................................................................................................................................1
SECTION
1 - TERM OF AGREEMENT.......................................................................................1
1.1
Effective Date...................................................................................:................................1
1.2
Notice of Successor Memorandum...................................................................................1
SECTION2
- RECOGNITION....................................................................................................1
SECTION
3 - ASSOCIATION RIGHTS.......................................................................................1
3.1
Association - Fair Representation......................................................................................2
3.2
Association - Reasonable Time Off...................................................................................2
3.3
Association - Access to Workplace....................................................................................2
3.4
Association - Use of City Facilities.....................................................................................2
3.5
Association - Advance Notice............................................................................................2
SECTION4
- ASSOCIATION DUES...........................................................................................2
4.1
Association - Dues Deduction............................................................................................2
4.2
Association - Dues Cancellation........................................................................................3
4.3
Association - Dues Transmittal..........................................................................................3
4.4
Association - Sufficient Earnings.......................................................................................3
4.5
Association - Dues Paid in Error........................................................................................3
SECTION 5 - MANAGEMENT RIGHTS......................................................................................3
SECTION 6 - SALARIES.............................................................................................................3
SECTION 7 - SPECIAL COMPENSATION.................................................................................4
7.1
Management Compensation Pay.......................................................................................4
7.2
Longevity Pay - 15 Years of Service..................................................................................4
7.3
Longevity Pay - Prior Service.............................................................................................4
7.4
Longevity Pay - Prior Eligibility...........................................................................................4
7.5
Longevity Pay - July 1, 2008..............................................................................................4
7.6
Education Incentive Pay - Police.......................................................................................4
7.7
Chief Officer Certificate Pay - Fire.....................................................................................4
7.8
...............................
Education Incentive Pay- Fire .............................................. ..............5
7.9
Chief Officer Certification and Education Incentive - Fire....................................................5
7.10
Special Circumstances Pay................................................................................................5
7.11
Bilingual Pay - Spanish......................................................................................................5
7.12
Work During a Local Emergency........................................................................................5
7.13
Strike Team Compensation - Fire......................................................................................5
7.14
Battalion Chief Fill -In Assignment.......................................................................................5
7.15
Signing Bonus....................................................................................................................6
SECTION 8 - REQUIRED MANAGEMENT DEVELOPMENT.....................................................6
SECTION 9 - UNIFORM ALLOWANCE......................................................................................6
9.1
Uniform Allowance - Fire Battalion Chiefs and Fire Marshal.............................................5
9.2
Uniforms Required - Police................................................................................................5
9.3
Uniform Allowance - Police Captains and Police Lieutenants...........................................6
9.4
Uniform Allowance - Newly Hired Police Records Supervisor...........................................6
9.5
Uniform Allowance - Police Records Supervisor...............................................................6
Resolution No. 2016-006 N.C.S. Page 8
TABLE OF CONTENTS
Section Provision Page
9.6
Uniform Allowance..............................................................................................................6
9.7
Loss or Damage to Clothing...............................................................................................6
SECTION 10 - HOLIDAYS..........................................................................................................7
10.1
Scheduled Holidays - Police..............................................................................................7
10.2
Day Observed.....................................................................................................................7
10.3
Floating Holiday - Police....................................................................................................7
10.4
Floating Holiday - Time Off - Police..................................................................................7
10.5
Floating Holiday Payment - Police.....................................................................................7
10.6
Holiday Pay - Police...........................................................................................................7
10.7
Holiday Pay - Scheduled Holidays -40-Hour Work Week - Fire........................................7
10.8
Holiday Pay - Holiday Schedule - 56 -Hour Work Week - Fire..........................................8
10.9
Holiday Pay - 56 -Hour Work Week - Fire..........................................................................8
SECTION11 -VACATION ..........................................................................................................8
11.1
Vacation - Accrual..............................................................................................................8
11.2
Vacation Accrual for 56 -Hour Work Week..........................................................................9
11.3
Vacation Accrual Limits......................................................................................................9
11.4
Request Subject to Operational Needs..............................................................................9
11.5
Scheduled Holidays and Vacations....................................................................................9
11.6
Vacation - Payment at Separation.....................................................................................9
SECTION 12 - ADMINISTRATIVE LEAVE..................................................................................9
12.1
Administrative Leave - Annual Credit of Leave..................................................................9
12.2
Administrative Leave - Pro -Ration of Leave Hours.............................................................9
12.3
Administrative Leave - Annual Payment for Unused Leave...............................................10
12.4
Administrative Leave - Payment at Separation..................................................................10
SECTION 13 - LEAVES - SICK LEAVE.....................................................................................10
13.1
Sick Leave - Accrual..........................................................................................................10
13.2
Sick Leave Usage...............................................................................................................10
13.3
Sick Leave Usage - Family Purposes................................................................................10
13.4
Sick Leave Usage - 56 -Hour Work Week..........................................................................10
13.5
Sick Leave Notification.......................................................................................................10
13.6
Absences More Than Three Days or Shifts........................................................................11
13.7
Sick Leave and Workers' Compensation...........................................................................11
13.8
Sick Leave Payment Retirement or Disability.....................................................................11
13.9
Sick Leave Payment - 56 -Hour Work Week......................................................................11
13.10 Applied Sick Leave to Service Credit..................................................................................11
SECTION 14 - LEAVES - WORKERS' COMPENSATION........................................................12
14.1
Medical Appointments.......................................................................................................12
SECTION 15 - LEAVES - BEREAVEMENT LEAVE..................................................................12
15.1
Bereavement Leave - 40 -Hour Work Week.......................................................................12
15.2
Bereavement Leave - 56 -Hour Work Week.......................................................................12
15.3
Bereavement Leave - Definition of Family.........................................................................12
15.4
Bereavement Leave - Travel.............................................................................................12
SECTION 16 - LEAVES - FOR VICTIMS OF DOMESTIC VIOLENCE & SEXUAL ASSAULT..
12
Resolution No. 2016-006 N.C.S. Page 9
TABLE OF CONTENTS
Section Provision Page
SECTION 17 — LEAVES — MILITARY LEAVE.............................................................................12
SECTION 18 — LEAVES — ELECTION OFFICER LEAVE & VOTING LEAVE ............................13
SECTION 19 — LEAVES — SCHOOL VISITATION LEAVE.........................................................13
SECTION 20 — LEAVES — LEAVE OF ABSENCE WITHOUT PAY............................................13
SECTION 21 — LEAVES — JURY DUTY LEAVE.........................................................................13
SECTION 22 — LEAVES — FAMILY CARE & MEDICAL LEAVE (FMLA & CFRA) .....................13
22.1 FMLA and or CFRA Leave.................................................................................................13
22.2 FMLA and or CFRA — Second Opinion..............................................................................13
SECTION 23 — LEAVES — PREGNANCY DISABILITY LEAVE..................................................13
SECTION 24 — DISCRIMINATION, HARASSMENT, & RETALIATION PROHIBITED................14
SECTION 25 — REASONABLE ACCOMMODATION..................................................................14
SECTION 26 — CALIFORNIA PUBLIC EMPLOYEES' RETIREMENT SYSTEM ........................14
SECTION 27 — HEALTH BENEFITS — ACTIVE EMPLOYEES...................................................15
27.1 Active Employees — PEMHCA Contribution.......................................................................15
27.2 Active Employees —Additional Benefit...............................................................................15
27.9 Employee Contribution.......................................................................................................16
SECTION 28 — HEALTH BENEFITS — RETIRED EMPLOYEES.................................................16
28.1 Retired Employees — CalPERS and PEMHCA...................................................................16
28.2 "Unequal Contribution" Method for Health Care Premium Payments for Retirees .............16
28.3 CalPERS Annuitant — PEMHCA Health Benefits................................................................17
28.4 Less Than 20 Years Service — Not Receiving PEMHCA Health Benefits ...........................17
28.5 Less Than 20 Years Service — Receiving PEMHCA Health Benefits.................................17
28.6 20 Years or More of Service — Not Receiving PEMHCA Health Benefits ...........................18
28.7 20 Years or More of Service — Receiving PEMHCA Health Benefits..................................18
SECTION 29 — CASH IN LIEU OF HEALTH AND DENTAL BENEFITS.....................................18
SECTION30 — SECTION 125 PLAN...........................................................................................19
SECTION31 — DENTAL PROGRAM...........................................................................................19
SECTION32 —VISION PROGRAM.............................................................................................19
SECTION 33 — LIFE INSURANCE...............................................................................................20
SECTION 34 — LONG TERM DISABILITY INSURANCE............................................................20
SECTION 35 — EMPLOYEE ASSISTANCE PROGRAM.............................................................20
SECTION 36 — DEFERRED COMPENSATION...........................................................................20
SECTION 37 — SICK LEAVE TRANSFER...................................................................................20
37.1 Sick Leave Transfer............................................................................................................20
37.2 Sick Leave Transfer — Limitations......................................................................................20
SECTION 38 — GRIEVANCE PROCEDURE................................................................................21
38.1 Grievance — Purpose of Rule.............................................................................................21
38.2 Grievance — Matters Subject to Grievance Procedure.......................................................20
38.3 Grievance — Informal..........................................................................................................20
38.4 Grievance — Formal............................................................................................................21
Resolution No. 2016-006 N.C.S. Page 10
TABLE OF CONTENTS
Section Provision Page
38.5 Grievance — Conduct.....................................................................................................:....22
SECTION 39 — PURCHASE OF FIREARM..................................................................................22
SECTION 40 — MUTUAL ACCEPTANCE AND RECOMMENDATION........................................23
EXHIBITA — SALARY TABLE....................................................................................................24
Resolution No. 2016-006 N.C.S. Page 11
Memorandum of Understanding
Between
THE CITY OF PETALUMA and
THE PETALUMA PUBLIC SAFETY MID -MANAGEMENT ASSOCIATION (PPSMMA)
Unit 10
PRFAMRI F
This agreement between the duly appointed representatives of the Petaluma Public Safety
Mid -Management Association, hereinafter referred to as the "Association", and the City of
Petaluma, hereinafter referred to as the "City," contains the agreement of each concerning
wages, hours and other terms and conditions of employment for the term of this Memorandum
of Understanding.
The parties jointly agree to recommend to the City Council of the City of Petaluma the
adoption of this Memorandum effective July 1, 2014.
SECTION 1 — TERM OF AGREEMENT
1.1 Effective Date
This Memorandum of Understanding shall be for the period commencing on July
1, 2014 with adoption by the City Council and continuing through June 30, 2017.
1.2 Notice of Successor Memorandum
The parties will commence meeting and conferring for a subsequent Memorandum of
Understanding no later than the end of April 2017. The Association shall provide the
City Manager with a written request to commence negotiations as well as its written
initial proposals for any successor Memorandum of Understanding.
SECTION 2 — RECOGNITION
The City recognizes the Association as the exclusive bargaining representatives for the
Petaluma Public Safety Mid -Management Association bargaining unit. The bargaining units
consist of all full-time employees in allocated positions in the classifications listed below:
Fire Battalion Chief
Fire Battalion Chief —Administration
Fire Marshal
Police Lieutenant
Police Records Supervisor
SECTION 3 — ASSOCIATION RIGHTS
The City will not interfere with or discriminate in any way against any employee of his or her
membership in the Association, or based upon any activity required or permitted by this
Agreement, nor will the City discourage membership in the Association nor encourage
membership in any other Association.
Resolution No. 2016-006 N.C.S. Page 12
3.1 Association — Fair Representation
The Association, in turn, recognizes its responsibility as the employee representative
and agrees to provide fair representation to employees on issues arising under this
agreement without discrimination, interference, restraints or coercion.
3.2 Association — Reasonable Time Off
City employees who are official representatives of the Association shall be given
reasonable time off with pay to attend meetings with management representatives, or to
be present at hearings wherein matters within the scope of representation are being
considered. The use of official time for this purpose shall be reasonable and shall not
interfere with the performance of City services as determined by City management. The
Association may select up to but not more than three (3) on -duty employee members of
such organization to attend such scheduled meetings with the City for the above listed
purposes. However, in order that any given department not be unduly burdened by the
released time requirements, in no case shall more than one representative from any
particular classification in the same department be allowed released time pursuant to
this section at any given time.
3.3 Association — Access to Workplace
Reasonable access to employee work locations shall be granted to officers of the
Association and their officially designated representatives for the purpose of processing
grievances or contacting members of the Association concerning business within the
scope of representation.
3.4 Association — Use of City Facilities
The Association or their representatives may, with the prior approval of the City, shall
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 — Advance Notice
Except in cases of declared emergencies, reasonable advance written notice shall be
given 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.
The Association shall be given the opportunity to meet and confer prior to adoption. In
cases of emergency, when the City Council determines that an ordinance, rule,
resolution or regulation must be adopted immediately, the City agrees to meet and
confer within a reasonable and practical time after the termination of the emergency
situation.
SECTION 4 — ASSOCIATION DUES
4.1 Association — Dues Deduction
The City shall make dues deduction only upon the employee's written authorization on
a payroll deduction form provided by the Association and approved by the City. Payroll
deductions shall be limited to membership dues.
Resolution No. 2016-006 N.C.S. Page 13
4.2 Association — Dues Cancellation
Authorization, cancellation, or modification of payroll deduction shall be made upon
forms provided or approved by the City. The voluntary payroll deduction authorization
shall remain in effect until employment with the City is terminated or until canceled or
modified by the employee by written notice to the City. Employees may authorize dues
deductions only for the Association certified as the recognized representative of the
Unit to which such employees are assigned. Any dues deduction authorization will
automatically terminate in the event that the Association's status as exclusive
representative for the bargaining unit employees terminates.
4.3 Association — Dues Transmittal
Amounts deducted and withheld by the City shall be transmitted to the officer
designated in writing by the Association as the person authorized to receive such funds
at the address specified.
4.4 Association — Sufficient Earnings
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 a non -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. In the case of any employee who is in a non -pay status during a part of the pay
period, and the salary is not sufficient to cover the full withholding, no deduction shall
be made. In this connection, all other required deductions have priority over the
Association dues deduction.
4.5 Association — Dues Paid in Error
The Association shall refund to the City or the City to the Association, any amounts paid
or received in error upon presentation of supporting evidence.
SECTION 5 — MANAGEMENT RIGHTS
All managerial functions and rights which are not modified, restricted or limited by the MOU,
State or Federal Law and City Ordinances, Resolutions, Rules and Regulations are retained
by the City as its legal authority to direct, manage and control the work force, determine the
kinds and levels of services to be provided, and maintain the efficiency of City operations.
SECTION 6 — SALARIES
6.1 Wage Increase
All Fire Department Unit 10 members shall receive a 4% base wage increase effective
December 7, 2015. All Police Department Unit 10 members shall receive a 4% base wage
increase effective December 6, 2015. Salary ranges shall be as specified in Exhibit A for
each classification.
6.2 Wage Re -Opener
The parties agree to re -open negotiations in April 2016 for the sole purpose of
discussing a potential salary adjustment during fiscal year 2016/17. The only item that is
subject to this re -opener is a potential salary adjustment. If an agreement on the wage re -
opener is not reached by the parties until after July 1, 2016, any salary adjustment shall be,
Resolution No. 2016-006 N.C.S. Page 14
at the City's option, either retroactive to July 3, 2016, or adjusted to reflect the lost value
going forward as if the adjustment had been implemented on July 3, 2016. For example, if
the parties agreed to an adjustment of 2%, but said adjustment is not implemented until
January of 2017, then the adjustment in January would be 4%; if it were implemented in
October of 2016, it would be 3%.
SECTION 7 — SPECIAL COMPENSATION
7.1 Management Compensation Pay
The City shall pay four percent (4%) as management compensation pay in lieu of any
special pay. Management compensation is payment to employees for special skills,
knowledge, and work assignments performed during the normal workday, and other
work conditions. Management compensation is not for overtime, nor in lieu of other
benefits and is reported to CalPERS as special compensation.
7.2 Longevity Pay — 15 Years of Service
Employees with fifteen (15) years of paid service with the City of Petaluma as a
member of a City bargaining unit shall receive longevity pay in the amount of five
percent (5%) of their base hourly rate.
7.3 Longevity Pay — Prior Service
Employees in CaIPERS safety classifications will receive up to five (5) years service
credit towards the required fifteen (15), years of paid service for prior service with
another employer. Credit for prior service will be for service:
(A) In the employee's same classification, or classification series; and
(B) Only service that is full-time paid; and
(C) For law enforcement, prior service must be in a public safety position subject to
the provisions of the Peace Officers and Standard Training (POST).
7.4 Longevity Pay — Prior Eligibility
Employees who were eligible for and and who were receiving longevity pay as of
June 30, 2008 shall continue to receive five percent (5%) of their base hourly rate as
longevity pay.
7.5 Longevity Pavy 1, 2008
Employees hired or appointed after July 1, 2008 shall be subject to the provisions of
longevity pay in this MOU.
7.6 Education Incentive Pay — Police
Police employees possessing a Bachelor's Degree shall receive five percent (5%)
education incentive pay.
Police employees possessing a Master's Degree shall receive seven percent (7%)
education incentive pay.
7.7 Chief Officer Certificate Pay — Fire
Battalion Chiefs and Fire Marshal possessing a Chief Officer Certification shall be
eligible to receive certificate pay in the amount of two hundred dollars ($200.00) per
month.
Resolution No. 2016-006 N.C.S. Page 15
7.8 Education Incentive Pay — Fire
Battalion Chiefs and Fire Marshal possessing a Bachelor's Degree shall receive two
hundred dollars ($200) per month.
Battalion Chiefs and Fire Marshal possessing a Master's Degree shall receive three
hundred dollars ($300) per month.
7.9 Chief Officer Certification and Education Incentive — Fire
Battalion Chiefs and Fire Marshal possessing a Chief Officer Certification and
Bachelor's Degree shall receive three hundred dollars ($300) per month.
Battalion Chiefs and Fire Marshal possessing a Chief Officer Certification and Master's
Degree shall receive four hundred dollars ($400) per month.
7.10 Special Circumstances Pay
Safety employees required to work extended hours under special circumstances may
be paid his or her regular hourly rate for those extended hours worked.
The amount of hours to be paid and the determination of special circumstances shall be
at the discretion of the Fire Chief for fire employees and the Police Chief for police
employees.
7.11 Bilinqual 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) for certification at a high level proficiency or verbally fluent or one
hundred dollars ($100) for certification at an acceptable level proficiency or
conversational
7.12 Work Durinq a Local Emergency
Employees, who are required to work when called to an activated Emergency Operation
Center (EOC) Local Emergency, shall be paid at their regular hourly rate for all hours
beyond their normal workday.
7.13 Strike Team Compensation — Fire
Fire employees may be compensated at the discretion of the Fire Chief at the rate of
one and one-half times the base hourly rate (no additional pays such as management
pay, longevity, etc.) of the Battalion Chief's current step of the 56 -hour Battalion Chief
salary range for non -regular hours worked on a Strike Team outside of the Petaluma
fire service area, where a written agreement exists that provides for cost
reimbursement.
7.14 Battalion Chief Fill -In Assignment
If a Battalion Chief shift needs to be filled temporarily due to the absence of the
assigned Battalion Chief, the fill-in assignment shall be first offered rank -for -rank. If no
Battalion Chief elects to accept the assignment, it shall be offered to a qualified Fire
Captain who is eligible to be an Acting Battalion Chief. If no qualified Fire Captains are
available or agree to accept the fill-in assignment, the Fire Chief may mandate a
Battalion Chief to fill the shift.
Resolution No, 2016-006 N.C.S. Page 16
When assigned to fill in or cover a Battalion Chief shift, the Battalion Chief shall be
compensated at the rate of one and one-half times (1.5) the base hourly rate (no
additional pays such as management pay, longevity, etc.) of the Battalion Chief's
current step of the 56 -hour Battalion Chief salary range. (If assigned to a forty (40) hour
work week, they shall be compensated at the rate of time and one half of the
comparable step of their 56 -hour counterpart.)
7.15 Signing Bonus
In the first pay period following ratification, by the City Council, each Unit 10 member
shall receive a signing bonus of $2,000.
SECTION 8 — REQUIRED MANAGEMENT DEVELOPMENT
Employees shall attend two (2) management classes or training seminars per fiscal year that
develop management skills.
SECTION 9 — UNIFORM ALLOWANCE
9.1 Uniform Allowance — Fire Battalion Chiefs and Fire Marshal
Fire Battalion Chiefs and the Fire Marshal shall be provided with a uniform allowance in
the amount of one and one-half percent (1.5%) of Step five (5) of the Firefighter's
annual salary.
9.2 Uniforms Required — Police
Employees are required to wear the uniform that conforms to the specification in the
written uniform policy established by the Police Chief.
9.3 Uniform Allowance — Police Captains and Police Lieutenants
Police Captains and Police Lieutenants shall be provided with a uniform allowance in
the amount of one and one-half percent (1.5%) of Step five (5) of the Police Officer
annual salary.
9.4 Uniform Allowance — Newly Hired Police Records Supervisor
The City shall provide the newly hired Police Records Supervisor with a lump sum
payment upon hire in the amount of four hundred dollars ($400) to purchase uniforms.
9.5 Uniform Allowance — Police Records Supervisor
The Police Records Supervisor shall be provided with a uniform allowance in the annual
amount of two hundred and sixty dollars ($260) or ten dollars ($10) a pay period.
9.6 Uniform Allowance
Employees shall receive uniform allowance in amount specified above based upon
classification. Uniform pay shall be paid each pay period.
9.7 Loss or Damage to Clothing
The Department Director may reimburse an employee for the loss or damage to his or
her clothing that occurs during the course of carrying out an official duty. The amount
of reimbursement shall be at the discretion of the Department Director.
Resolution No. 2016-006 N.C.S. Page 17
R1=10I Eel kifi rim: 1011197_W
10.1 Scheduled Holidays— Police
Scheduled holidays for police department employees shall be the observed twelve (12)
holidays established by City Council Resolution.
10.2 Day Observed
If the scheduled holiday falls on a Saturday, the proceeding Friday shall be the
observed holiday. If a scheduled holiday falls on a Sunday, the following Monday shall
be the observed holiday.
10.3 Floatinq Holiday —Police
On a fiscal -year basis, police department employees shall receive one eight-hour
floating holiday.
10.4 Floating Holiday — Time Off — Police
The floating holiday may be taken as time off on a day mutually agreeable to the
employee and the Police Chief.
10.5 Floating Holiday Payment — Police
Employees not taking the floating holiday by June 30 shall receive payment for the
floating holiday.
10.6 Holiday Pay — Police
Employees regularly required to work holidays shall be compensated with holiday pay in
lieu of the holidays. Holiday pay shall be paid for each of the twelve (12) observed
holidays as they occur at the employee's hourly rate times eight (8) hours.
10.7 Holiday Pay — Scheduled Holidays - 40 -hour Work Week — Fire
Scheduled holidays for fire department employees assigned a 40 -hour work week shall
be the observed twelve (12) holidays established by City Council Resolution and
one (1) Floating Holiday, for a total of thirteen (13) holidays. The floating holiday may be
taken as time off on a day mutually agreeable to the employee and the Fire Chief.
Resolution No. 2016-006 N.C.S. Page 18
10.8 Holiday Pay — Holiday Schedule - 56 -hour Work Week — Fire
The thirteen (13) scheduled holidays are as follows:
10.9 Holidav Pay — 56 -hour Work Week — Fire
Employees regularly required to work holidays shall be compensated with holiday pay in
lieu of the holidays. Holiday pay shall be paid for each of the thirteen (13) observed
holidays as they occur at the employee's hourly rate times twelve (12) hours.
SECTION 11 —VACATION
11.1 Vacation —Accrual
Employees, except those assigned to a 56 -hour work week shall accrue vacation hours
as follows:
pw
v
New Year's Day
January 1s'
Martin Luther King Jr. Birthday
Third (3r) Monday in January
Lincoln's Birthday
Februwy 12 th
President's Day
Third (3r) Monday in February
Memorial Day
Last Monday of May
Independence Day
July 4
Labor Day
First (1 S Monday of September
Columbus Day
Second (2n) Monday of October
Veterans Day
November 11
Thanksgiving Day
Fourth 4 in) Thursday of November
Day after Thanksgiving
Day after Thanksgiving
Christmas Eve
December 24 th
Christmas Day
December 25
10.9 Holidav Pay — 56 -hour Work Week — Fire
Employees regularly required to work holidays shall be compensated with holiday pay in
lieu of the holidays. Holiday pay shall be paid for each of the thirteen (13) observed
holidays as they occur at the employee's hourly rate times twelve (12) hours.
SECTION 11 —VACATION
11.1 Vacation —Accrual
Employees, except those assigned to a 56 -hour work week shall accrue vacation hours
as follows:
Resolution No. 2016-006 N.C.S. Page 19
0-5
80
240
6-9
120
360
10
128
384
11
136
408
12
144
432
13
152
456
14
160
480
15
168
504
16
176
528
17
184
552
18
192
576
19 or greater
200
600
Resolution No. 2016-006 N.C.S. Page 19
11.2 Vacation Accrual for 56 -hour Work Week
Employees scheduled to work a 56 -hour work week shall accrue vacation hours as
follows:
11.3 Vacation Accrual Limits
Vacation accruals shall not exceed three (3) times the amount of vacation accrual as
indicated above.
11.4 Request Subiect to Operational Needs
An employee's request for vacation is subject to the approval of the Department
Director taking into consideration the request of employee and operational needs. If
operational needs require deferment of a vacation request, vacation shall be taken the
following calendar year.
11.5 Scheduled Holidays and Vacations
Employees who are granted time off for scheduled holidays shall not have holidays
charged as vacation leave when the vacation leave and holiday(s) coincide.
Employees who are paid for scheduled holidays in lieu of time off shall not be eligible
for this adjustment in their vacation.
11.6 Vacation -Payment at Separation
Employees who separate employment shall be paid for all accrued unused vacation
leave. Payment shall be made at the base pay rate and shall include the five percent
(5%) longevity pay.
SECTION 12 — ADMINISTRATIVE LEAVE
12.1 Administrative Leave — Annual Credit of Leave
Employees shall be credited with eighty (80) hours of administrative leave each fiscal
year. Employees assigned to a fifty-six (56) hour work week shall be credited with
ninety-six (96) hours of administrative leave each fiscal year. Notwithstanding the
foregoing, fifty-six hour Unit 10 members agree to decrease Administrative Leave to 72
hours (from 96) for Fiscal Year 2015/2016 with a carry-over of the remaining 24 hours
into Fiscal Year 2016/2017.
12.2 Administrative Leave - Pro -Ration of Leave Hours
Employees hired or appointed after July 1 shall be credited with a pro -rated amount of
administrative leave based upon hire or appointment date through June 30.
Resolution No. 2016-006 N.C.S. Page 20
0-4
120
360
5-9
168
504
10-14
216
648
15-19
240
720
20 or greater
264
792
11.3 Vacation Accrual Limits
Vacation accruals shall not exceed three (3) times the amount of vacation accrual as
indicated above.
11.4 Request Subiect to Operational Needs
An employee's request for vacation is subject to the approval of the Department
Director taking into consideration the request of employee and operational needs. If
operational needs require deferment of a vacation request, vacation shall be taken the
following calendar year.
11.5 Scheduled Holidays and Vacations
Employees who are granted time off for scheduled holidays shall not have holidays
charged as vacation leave when the vacation leave and holiday(s) coincide.
Employees who are paid for scheduled holidays in lieu of time off shall not be eligible
for this adjustment in their vacation.
11.6 Vacation -Payment at Separation
Employees who separate employment shall be paid for all accrued unused vacation
leave. Payment shall be made at the base pay rate and shall include the five percent
(5%) longevity pay.
SECTION 12 — ADMINISTRATIVE LEAVE
12.1 Administrative Leave — Annual Credit of Leave
Employees shall be credited with eighty (80) hours of administrative leave each fiscal
year. Employees assigned to a fifty-six (56) hour work week shall be credited with
ninety-six (96) hours of administrative leave each fiscal year. Notwithstanding the
foregoing, fifty-six hour Unit 10 members agree to decrease Administrative Leave to 72
hours (from 96) for Fiscal Year 2015/2016 with a carry-over of the remaining 24 hours
into Fiscal Year 2016/2017.
12.2 Administrative Leave - Pro -Ration of Leave Hours
Employees hired or appointed after July 1 shall be credited with a pro -rated amount of
administrative leave based upon hire or appointment date through June 30.
Resolution No. 2016-006 N.C.S. Page 20
12.3 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. Employees assigned a fifty-six (56) hour work week
shall receive payment for up to forty-eight (48) hours of unused administrative leave at
the end of the fiscal year. Payment shall be at the base pay rate as of June 30.
Payment shall be made on the last pay period of the fiscal year. Notwithstanding the
foregoing, forty -hour Unit 10 employees shall receive payment for up to twenty (20)
hours of unused administrative leave at the end of Fiscal Year 2015/16 and may carry
forward up to twenty (20) hours of unused administrative leave into Fiscal Year
2016/17. Fifty-six hour Unit 10 members may carry forward up to twenty-four (24) hours
of unused administrative leave into Fiscal Year 2017/18. Carry forward administrative
leave may only be taken in paid time -off and has no cash value.
12.4 Administrative Leave - Payment at Separation
Employees who separate employment shall receive payment for up to forty (40) hours
of unused administrative leave. Employees assigned a fifty-six (56) hour work week
shall receive payment for up to forty-eight (48) hours of unused administrative leave.
Payment shall be at the base pay rate at the time of separation.
SECTION 13 — LEAVES — SICK LEAVE
13.1 Sick Leave — Accrual
Employees, except for employees assigned to a 56 -hour work week, shall accrue eight
(8) hours of sick leave each month. Employees assigned to a 56 -hour work week shall
accrue twelve (12) hours per month.
13.2 Sick Leave Usage
Employees shall be granted sick leave. Sick leave shall not be considered a right, which
an employee may use at his or her discretion, but shall be allowed only in the case of
necessity and actual personal non -service -connected sickness or off -the job injury,
disability or the serious illness or injury.
13.3 Sick Leave Usage — Family Purposes
Sick leave for family purposes may be used only in the case of illness, disability or the
serious illness, or injury of an employee's family member, which requires the
employee's attention. The term "family member" shall include: spouse, domestic
partner, children, parents, spouse's parents, brothers, sisters or other individuals whose
relationship to the employee is that of a dependent or near dependent.
13.4 Sick Leave Usage — 56 -hour Work Week
Employees assigned to a 56 -hour work week shall be charged twelve (12) hours of sick
leave per shift for a sick leave absence.
13.5 Sick Leave Notification
To receive sick leave benefits employees are required to notify his or her immediate
supervisor within four (4) hours after the time set for beginning his or her work day or as
directed by his or her supervisor.
Resolution No. 2016-006 N.C.S. Page 21
13.6 Absences More Than Three Days or Shifts
For absences more than three (3) days or shifts, employees may be required to provide
physician verification of injury or illness to his or her immediate supervisor.
13.7 Sick Leave and Workers' Compensation
(A) The City shall provide employees with workers' compensation benefits in
accordance with workers' compensation law. Employees shall be allowed to use
sick leave to supplement workers' compensation temporary disability benefits for
a period not to exceed six (6) months or until sick leave is exhausted or the
disability is abrogated, or the employee is determined to be "permanent and
stationary" by a competent medical authority.
The City may retire an employee prior to the exhaustion of sick leave benefits.
Employees receiving benefits pursuant to Labor Code section 4850 or sick leave
benefits shall continue to accrue sick leave hours.
(B) Miscellaneous Employees
Miscellaneous employees (non -sworn) shall receive during the first one hundred
and sixty (160) hours of absence for industrial disability paid workers'
compensation leave at his or her regular salary rate. For an absence beyond the
160 hours, an employee shall be allowed to use sick leave, vacation or
compensatory time to supplement workers' compensation temporary disability
benefits for a period up to six (6) consecutive months unless sick leave is
exhausted or the employee is determined to be permanent and stationary.
Employees may opt not to use accrued leave to supplement temporary disability
benefits.
13.8 Sick Leave Payment — Retirement or Disability
In the event of service retirement, disability retirement, or death, an employee who has
completed ten (10) or more years of continuous service with the City of Petaluma, shall
be paid fifty percent (50%) of his or her accumulated but unused sick leave, not to
exceed seven hundred (700) hours. Payment shall be made at the base pay rate and
shall include the five percent (5%) longevity pay.
13.9 Sick Leave Payment — 56 -Hour Work Week
In the event of service retirement, disability retirement or death, an employee who has
completed ten (10) or more years of continuous service with the City of Petaluma who
are assigned to a fifty-six (56) hour work week shall receive fifty percent (50%) of the
accumulated but unused sick leave to a maximum of one thousand (1,000) hours.
Payment shall be made at the base pay rate and shall include the five percent (5%)
longevity pay.
13.10 Applied Sick Leave to Service Credit
In accordance with CalPERS provisions, an employee may apply all accumulated sick
leave hours to service credit.
Resolution No. 2016-006 N.C.S. Page 22
SECTION 14 — LEAVES — WORKERS' COMPENSATION
14.1 Medical Appointments
Employees may use temporary disability or Labor Code Section 4850 benefits for
attending medical appointments while working modified duty and not yet permanent
and stationary. This use of benefit is not meant to increase the level of benefit only to
permit its use in such circumstances.
SECTION 15 — LEAVES — BEREAVEMENT LEAVE
15.1 Bereavement Leave — 40 -Hour Work Week
Employees assigned to a 40 -hour work week shall be granted up to forty (40) hours of
bereavement leave in the event of death in the employee's family. An additional twenty
(20) hours of sick leave may be granted for bereavement leave.
15.2 Bereavement Leave — 56 -Hour Work Week
Employees assigned to a 56 -hour work week shall be granted up to three (3) shifts of
bereavement leave in the event of death in the employee's family. An additional two (2)
shifts of sick leave may be granted for bereavement leave.
15.3 Bereavement Leave — Definition of Family
For the purpose of bereavement leave, family shall mean spouse, qualified domestic
partner, father, father-in-law, mother, mother-in-law, brother, sister, brother-in-law or
sister-in-law, child (including stepchildren), stepparents, grandparents and
grandchildren or person with whom the employee has a relationship in loco parentis.
15.4 Bereavement Leave — Tra
In the event an employee must travel more than 300 miles to attend a funeral or
memorial service, an employee may use up to sixteen (16) hours of sick leave (40 -hour
work week) and twenty-four (24) hours (56 -hour work week).
SECTION 16 — LEAVES — FOR VICTIMS OF DOMESTIC VIOLENCE
AND SEXUAL ASSAULT
The City of Petaluma provides appropriate leave, in accordance with California Labor Code
Section 230.
SECTION 17 — LEAVES — MILITARY LEAVE
The City of Petaluma shall grant military leave benefits to eligible employees in accordance
with California's Military Leave Laws found in Military & Veteran's Code 389 et seq., the
Federal Uniformed Services Employment and Re-employment Rights Act (USERRA), found at
389 U.S.C. 4301 et seg., and the City of Petaluma Resolution No. 2004-200 N.C.S.
Employees in the Ready Reserves of the Armed Forces who are ordered to active military duty
or training under Executive Order 13223, shall have continued benefits in effect throughout
their active duty training for a period of three hundred sixty-five (365) calendar days or until the
date of discharge from military service, whichever occurs first, unless this policy is changed by
action of the City Council.
Resolution No. 2016-006 N.C.S. Page 23
SECTION 18 — LEAVES — ELECTION OFFICER LEAVE AND VOTING LEAVE
When an employee's actual work schedule otherwise would prevent the employee from voting.
in any State, County, or General election, the employee may be granted up to two (2) hours of
paid time to vote, in accordance with Election Code 14000. The employee must provide the
City with at least two (2) working day's notice that he or she will be taking time off to vote.
SECTION 19 — LEAVES — SCHOOL 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 Code section 230.8.
SECTION 20 — LEAVES — LEAVE OF ABSENCE WITHOUT PAY
The City Manager may grant an employee with a leave of absence without pay for up to six (6)
months for good cause. A leave request shall be in writing and state the reason(s) for the
request. The response to the request shall be in writing. Upon expiration of the approved
leave or upon return to duty, the employee shall be reinstated in the position held at the time
leave was granted. Failure on the part of an employee to report to work following his or her
leave shall be cause for discharge.
SECTION 21 — LEAVES — JURY DUTY LEAVE
Any employee summoned for jury duty shall be entitled to a leave of absence with full pay for
such period of time as may be required to attend the court in response to such summons. Any
employee may retain payment for travel but shall make payable to the City any and all fees
which the employee may receive in payment for service as a juror.
SECTION 22 — LEAVES — FAMILY CARE AND MEDICAL LEAVE (FMLA & CFRA)
22.1 FMLA and or CFRA Leave
The City shall provide family and medical care leave for eligible employees as required
by City policy, state and federal law and as specifically provided in the Federal Family
and Medical Leave Act of 1993 (FMLA) and the California Family Rights Act of 1993
(CFRA). If possible, employees must provide thirty (30) days advance notice of leave.
22.2 FMLA and or CFRA — Second 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 health providers, a third and binding opinion, at City
expense shall be sought.
SECTION 23 — LEAVES — PREGNANCY DISABILITY LEAVE
The City shall provide pregnancy disability leave (PDL) for eligible employees as required by
City policy and applicable law and as specifically provided in the Fair Employment and
Housing Act and the Family Medical Leave Act. If possible, employees must provide thirty (30)
days advance notice of leave.
Resolution No. 2016-006 N.C.S. Page 24
SECTION 24 — DISCRIMINATION, HARASSMENT, & RETALIATION PROHIBITED
Discrimination, harassment and retaliation against any employee for employment because of
an employee's race, religion, creed, political affiliation, color, national origin, ancestry, sex,
sexual orientation, gender (or gender identity), age, familial status, veteran's status, physical
or mental disability or medical condition is prohibited. A City employee who feels he or she
has been discriminated against, harassed, or retaliated against needs to report the conduct
immediately to his or her supervisor or to Human Resources.
SECTION 25 — REASONABLE ACCOMMODATION
In accordance with the California Fair Employment and House Act (FEHA) and the Americans
with Disability Act (ADA), the City will reasonably accommodate any known protected disability
of an employee.
SECTION 26 — CALIFORNIA PUBLIC EMPLOYEES' RETIREMENT SYSTEM
The Association and the City have reached agreement on establishing a different level of
benefits (two-tiered retirement) for newly hired Safety — Police, Safety — Fire, and
Miscellaneous employees. Effective upon agreement with the City's other Miscellaneous or
Safety bargaining units, the City shall amend its contract with CaIPERS. The amended
contract shall provide that Safety — Police employees hired after the effective date of the
amendment shall receive the 3% at 55 formula retirement plan and the three-year final
average compensation; instead of the current benefit of 3% at 50 formula retirement plan and
one-year final average compensation. The amended contract shall provide that Safety — Fire
employees hired after the effective date of the amendment shall receive the 3% at 55 formula
retirement plan, no Post Retirement Survival Allowance — 50% as provided by Sections
21624/26/28, and the three-year final average compensation; instead of the current benefit of
3% at 50 formula retirement plan, Post Retirement Survival Allowance -50% as provided by
Sections 21624/26/28, and one-year final average compensation. The amended contract
shall provide that Miscellaneous employees hired after the effective date of the amendment
shall receive the 2% at 60 formula retirement plan and the three-year final average
compensation; instead of the current benefit of 2% at 55 formula retirement plan and one-year
final average compensation.
The establishment of this second tier of benefits shall not affect the benefits currently in effect
for employees hired prior to the effective date of the CalPERS contract amendment.
Effective June 30, 2001, the City provided Police Safety members with the 3% at 50 formula
retirement plan. The City's contract with CalPERS includes the following optional benefits:
• Fourth Level - 1959 Survivor's Benefit as provided in Section 21574 (June 30, 1996).
• Military Service Credit as provide in Section 21024 (January 4, 1996).
• One -Year Final Compensation as provided in Section 20042 (July 1, 1982).
• Credit for Unused Sick Leave as provided in Section 20965 (July 1, 1982).
• Cost of Living Allowance two percent (2%) as provided by Section 21329 (July 1,
1982).
• Retired Death Benefit of $500 as provided in Section 21620 (July 1, 1982).
• Death Benefit Continues as provided in Section 21551 (January 1, 2000).
• Prior Service Credit as provided in Section 20055 (July 1, 1982).
Resolution No. 2016-006 N.C.S. Page 25
Effective June 30, 2001, the City provided Fire Safety members with the 3% at 50 formula
retirement plan. The City's contract with CalPERS includes the following optional benefits:
• Fourth Level - 1959 Survivor's Benefit as provided in Section 21574 (May 4, 1998).
• Military Service Credit as provided in Section 21024 (January 4, 1996).
• One -Year Final Compensation as provided Section 20042 (November 1, 1981).
• Credit for Unused Sick Leave as provided in Section 20965 (November 1, 1981).
• Post Retirement Survivors Allowance =fifty percent (50%) as provided by Sections:
21624, 21626, and 21628 (January 1, 1987).
• Cost of Living Allowance two percent (2%) as provided by Section 21329 (November
1, 1981).
• Retired Death Benefit of $500 as provided in Section 21620 (November 1, 1981).
• Post Retirement Survivor Allowance Continues as provided in Section 21635
(January 1, 2000).
• Death Benefit Continues as provided in Section 21551 (January 1, 2000).
• Prior Service Credit as provided in Section 20055 (November 1, 1981).
The City provides Miscellaneous members with the 2% at 55 formula retirement plan. The
City's contract with CalPERS includes the following optional benefits:
• Third Level - 1959 Survivor's Benefit as provided in Section 21573 (April 5, 1999).
• Military Service Credit as provided in Section 21024 (January 1, 1992).
• One -Year Final Compensation as provided Section 20042 (November 1, 1980).
• Credit for Unused Sick Leave as provided in Section 20965 (November 1, 1980).
• Cost of Living Allowance two percent (2%) as provided by Section 21329 (April 1,
1971).
• Retired Death Benefit of $500 as provided in Section 21620 (December 1, 1969).
• Death Benefit Continues as provided in Section 21551 (January 1, 2000).
• Prior Service Credit as provided in Section 20055 (January 1, 1950).
The City shall continue to defer that portion of the employee's contribution paid to CalPERS
through section 414(h)(2) of the Internal Revenue Code pursuant to City of Petaluma
Resolution 90-363 N.C.S.
SECTION 27 — HEALTH BENEFITS — ACTIVE EMPLOYEES
27.1 Active Employees — PEMHCA Contribution
The City currently provides health benefits through the California Public Employees'
Retirement System (CalPERS) Health Benefits Program under the Public Employees'
Medical and Hospital Care Act (PEMHCA). The City's employer contribution for each
employee's health benefits shall be the minimum required by PEMHCA. The City pays this
contribution directly to CalPERS.
27.2 Active Employees —Additional Benefit
Effective January 1, 2017 the City shall pay an additional benefit that depends upon the
actual percentage increase in the Kaiser — Bay Area premium. The City's additional benefit
contribution for 2017 shall be up to a 9% increase of the 2016 Health Plan Rate less the
City's PEMHCA contribution, times 95%, or an amount equal to the actual 2016 CalPERS
Resolution No. 2016-006 N.C.S. Page 26
Health Premium for Kaiser-Bay-Area/Sacramento, less the City's PEMHCA contribution,
times ninety-five percent (95%) for current employees and their covered family members,
whichever is less. If the percentage increase is greater than 9%, the City and the employee
shall share the amount above 9%, with the City paying 50% of the amount above 9% and
the employee paying 50% of the amount above 9%.
For example, effective January 1, 2015, the monthly premium at the Kaiser rate for single
health benefit coverage was $714.45 and the PEMHCA rate was $122. The additional
benefit was calculated at $714.45 less $122.00 times 95% _ $562.83. The employee
contribution was $29.62 ($714.45 - $122 - $562.83 = $29.62)
The 2016 monthly premium at the Kaiser rate for single health benefit coverage is $746.47
and the PEMHCA rate is $125. The additional benefit is calculated at $746.47 less $125
times 95% _ $590.40. The employee contribution is $31.07.
If the monthly premium at the Kaiser rate for single health benefit coverage for 2017 is
$813.65 or less (9% increase or less) and the PEMHCA contribution is $128, the City
additional contribution will depend on the actual increase, but will be no more than $652.32
($813.65 — $128 x 95% _ $652.32). The employee contribution would be $33.33 or less. If,
instead, the monthly premium at the Kaiser rate for single health benefit coverage were, for
example, $820, the employee contribution would be $36.505. $820 - $813.65 = $6.35
(amount above 9%). $6.35/2 = $3.175. $33.33 + $3.175 = $36.505
27.3 Employee Contribution
Employees shall contribute to his/her CaIPERS health premium in the amounts less the
City's PEMHCA contribution and less the additional benefit paid by the City.
SECTION 28 — HEALTH BENEFITS — RETIRED EMPLOYEES
28.1 Retired Employees — CalPERS and PEMHCA
The City currently provides health benefits through CalPERS 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 CalPERS after retirement,
a retiree must meet the following definition of "annuitant" under CaIPERS law:
(A) Employee must be a member of CaIPERS; and
(B) Employee must retire within 120 days of separation from employment with the City of
Petaluma and receive a monthly retirement allowance from CaIPERS.
28.2 "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 Government Code section 22892. Under this
method the City is required annually to increase the total monthly annuitant health care
contribution to equal an amount not less than the number of years the City has been in the
PEMHCA program multiplied by five percent (5%) of the current monthly employer
contribution for active employees until the time the City's contribution for annuitants equals
the City's PEMHCA contribution paid for active employees.
Resolution No. 2016-006 N.C.S. Page 27
By way of explanation, for calendar year 2009, the formula for determining the City's
PEMHCA contribution for retirees is as follows:
15 years in the PEMHCA program x 5% = 75% x $101 (minimum employer contribution for
active employees in 2009) = $ 75.75.
For calendar year 2010, the formula for determining the City's PEMHCA contribution for
retirees is as follows:
16 years in the PEMHCA program x 5% = 80% x $105 (minimum employer contribution for
active employees in 2010) = $84.00
For calendar year 2011, the formula for determining the City's PEMHCA contribution for
retirees is as follows:
17 years in the PEMHCA program x 5% = 85% x $108 (minimum employer contribution for
active employees in 2011) = $91.80
For calendar year 2012, the formula for determining the City's PEMHCA contribution for
retirees is as follows:
18 years in the PEMHCA program x 5% = 90% x $112 (minimum employer contribution for
active employees in 2012) = $100.80
For calendar year 2013, the formula for determining the City's PEMHCA contribution for
retirees is as follows:
19 years in the PEMHCA program x 5% = 95% x $115 (minimum employer contribution for
active employees in 2013) = $109.25
Effective, calendar year 2014 the "unequal contribution" method for health care premium
payments for annuitants (retirees) will be at the twenty year mark. Thus, the City's
contribution for the PEMHCA program will be at 100% (5% x 20 years). Therefore, the
monthly employer contribution for annuitants is the required minimum PEMHCA
contribution.
28.3 CalPERS Annuitant — PEMHCA Health Benefits
In accordance with the PEMHCA provisions, if an employee is a CalPERS annuitant as
defined in Section 28.1 and receives health benefits under the PEMHCA, the employee
is eligible to receive the City's PEMHCA contribution amount specified in Section 28.5
below, regardless of the number of years of service with the City of Petaluma.
28.4 Less Than 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 CalPERS health benefit program does not receive any retiree
health benefit from the City.
28.5 Less Than 20 years of Service — Receiving PEMHCA Health Benefits
A retired employee with less than twenty (20) years of service with the City of Petaluma
who is a CalPERS annuitant as defined in Section 28.1 and enrolled in the CalPERS health
benefit program is eligible to receive the City's PEMHCA contribution amount according to
the following schedule:
Resolution No. 2016-006 N.C.S. Page 28
28.6 20 Years or More of Service — Not Receivina 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 CaIPERS health benefits program shall receive direct
payments in the amount of one hundred fifty-six dollars and eighty-three cents
($156.83) each month, effective the first month following the expiration of health benefit
coverage.
28.7 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 CalPERS annuitant as defined in Section 28.1 and enrolled in the CalPERS
health benefit program shall receive a benefit payment of one hundred and fifty-six dollars
and eighty-three cents ($156.83) per month as specified in this section.
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 the cash payment to the retiree in the coming years.
2009
$75.75
2009
$75.75
2010
$84.00
2011
$91.80
2012
$100.80
2013
$109.25
2014
Minimum PEMHCA contribution as set by CalPERS
28.6 20 Years or More of Service — Not Receivina 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 CaIPERS health benefits program shall receive direct
payments in the amount of one hundred fifty-six dollars and eighty-three cents
($156.83) each month, effective the first month following the expiration of health benefit
coverage.
28.7 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 CalPERS annuitant as defined in Section 28.1 and enrolled in the CalPERS
health benefit program shall receive a benefit payment of one hundred and fifty-six dollars
and eighty-three cents ($156.83) per month as specified in this section.
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 the cash payment to the retiree in the coming years.
2009
$75.75
$81.08
$156.83
2010
$84.00
$72.83
$156.83
2011
$91.80
$65.03
$156.83
2012
$100.80
$56.03
$156.83
2013
$109.25
$47.58
$156.83
2014
Minimum PEMHCA
contribution as set by
CaIPERS
Total benefit amount of
$156.83 minus City monthly
PEMHCA contribution
$156.83
It is the responsibility of the retiree to notify the City in writing if he or she is no longer
participating in the CalPERS health benefit program. Following receipt of the written notice,
the City will commence direct payment of the one hundred fifty-six dollars and eight -three
cents ($156.83) at the beginning of the following month.
SECTION 29 — CASH IN LIEU OF HEALTH AND DENTAL 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 or her coverage under the City's health and or
Resolution No. 2016-006 N.C.S. Page 29
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 in the amount of fifty percent (50%) of
the health insurance premium amount of the CaIPERS Kaiser - Bay Area/Sacramento that the
City would otherwise pay for the employee and. his or her family members. The cash in lieu
amount for dental insurance benefits shall be in the amount of fifty percent (50%) of the
established dental program composite rate.
SECTION 30 — 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
(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 program permits employees to pay for most child and or dependent care
expenses with pre-tax dollars.
SECTION 31 — DENTAL PROGRAM
The City shall provide for a group self-funded Delta Dental Program Plan coverage indicated
on provider contract documents on file in Human Resources for City employee and
dependents in this Association. The maximum benefit amount will increase effective
January 1, 2016 to two thousand dollars ($2,000) per person per calendar year. Additionally,
the City shall contribute toward an orthodontia plan one thousand dollars ($1,000) per child at
a fifty percent (50 %) co -payment rate. The City shall pay, during the period of this MOU, the
full premium toward the City group dental insurance coverage program.
SECTION 32 — VISION PROGRAM
The City shall provide a vision plan for employees and dependents. The City shall pay the
premium. The plan coverage shall be as indicated on provider contract documents on file in
Human Resources.
Resolution No. 2016-006 N.C.S. Page 30
SECTION 33 — LIFE INSURANCE
The City shall provide employees with life insurance in the amount of one and one-half (1.5)
times the employee's annual salary rounded to the nearest even dollar, not to exceed one
hundred seventy-five thousand dollars ($175,000).
SECTION 34 — LONG TERM DISABILITY INSURANCE
The City shall provide a long-term disability plan. Plan coverage is indicated on provider
contract documents on file in Human Resources. The City shall pay the premium.
SECTION 35 — EMPLOYEE ASSISTANCE PROGRAM
The City will provide an Employee Assistance Program to employees and dependants.
SECTION 36 — DEFERRED COMPENSATION
The City of Petaluma shall make available a Deferred Compensation Plan to employees.
SECTION 37 — SICK LEAVE TRANSFER
37.1 Sick Leave Transfer
Employees wishing to donate hours of sick leave to another employee may do so by
sending a written request, approved by their department head, to Human Resources
naming the individual to receive the sick leave and the amount donated, with the
following restrictions listed in 37.2.
37.2 Sick Leave Transfer — Limitations
Sick transfers shall be subject to the following limitations:
(A) Transfer of sick leave shall be allowed between all Units.
(B) Transfers are for Sick Leave and not for use at retirement.
(C) A donor must retain a balance of one -hundred -sixty (160) hours at any time.
(D) Transfer amounts shall be limited to the number of actual hours needed and
used by the recipient.
(E) Any donated sick leave hours unused by a recipient, shall be returned to the
donor.
(F) The recipient must have a zero balance in sick leave, compensatory time and
vacation.
(G) A recipient may receive no more than (90) workdays of sick leave for any one
illness or injury.
(H) The donation must be for an illness or injury involving extreme physical pain or
the impairment of a function of a bodily member, organ or mental faculty, and
requiring medical intervention such as surgery, hospitalization, or physical
rehabilitation.
Resolution No. 2016-006 N.C.S. Page 31
SECTION 38 — GRIEVANCE PROCEDURE
38.1 Grievance — Purpose of Rule
(A) To promote improved employer-employee relations by establishing grievance
procedures on matters for which appeal or hearing is not provided by other
regulations.
(B) To afford employees individually or through qualified employee organization a
systematic means of obtaining further consideration of problems after every
reasonable effort has failed to resolve them through discussions.
(C) To provide that grievances shall be settled as near as possible to the point of
origin.
(D) To provide that appeals shall be conducted as informally as possible.
38.2 Grievance — Matters Subiect To Grievance Procedure
Any employee in the competitive service shall have the right to appeal under this rule a
decision affecting his or her employment over which his or her appointing power has
partial or complete jurisdiction and for which appeal is not provided by other regulations
or is not prohibited.
38.3 Grievance — Informal
An employee who has a problem or complaint should first try to get it settled through
discussion with his or her immediate supervisor without undue delay. If, after this
discussion, he/she does not believe the problem has been satisfactorily resolved, shall
have the right to discuss it with his or her supervisor's immediate supervisor, if any, in
the administrative service. Every effort should be made to find an acceptable solution
by informal means at the lowest possible level of supervision. If the employee does not
agree with the decision reached, or if no answer has been received within five (5)
calendar days, he may present the appeal in writing to the City Manager. Failure of the
employee to take further action within five (5) calendar days after receipt of the decision
or within a total of fifteen (15) calendar days if no decision is rendered, will constitute a
dropping of the appeal.
38.4 Grievance — Formal
(A) First Level of Review
The appeal shall be presented in writing to the employee's immediate supervisor
who shall render his or her decision and comments in writing and return them to
the employee within five (5) calendar days after receiving the appeal. If the
employee does not agree with his or her supervisor's decision, or if no answer
has been received within five (5) calendar days, the employee may present the
appeal in writing to his or her supervisor's immediate superior. Failure of the
employee to take further action within five (5) calendar days after receipt of the
written decision of his or her supervisor, or within a total of fifteen (15) calendar
days if no decision is rendered, will constitute a dropping of the appeal.
(B) Further Level or Levels of Review as Appropriate
The supervisor receiving the appeal shall review it, render his or her decision and
comments in writing, and return them to the employee within five (5) calendar
days after receiving the appeal. If the employee does not agree with the
decision, or if no answer has been received within five (5) calendar days, he/she
may present the appeal in writing to the department head. Failure of the
Resolution No. 2016-006 N.C.S. Page 32
employee to take further action within five (5) calendar days after receipt of the
decision or within a total of fifteen (15) calendar days if no decision is rendered,
will constitute a dropping of the appeal.
(C) Department Review
The department head receiving the appeal, or his or her designated
representative, should discuss the grievance with the employee, his or her
representative, if any, and with other appropriate person(s). The department
head shall render his or her decision and comments in writing, and return them
to the employee within five (5) calendar days after receiving the appeal. If the
employee does not agree with the decision reached, or if no answer has been
received within five (5) calendar days, he/she may present the appeal in writing
to the City Manager. Failure of the employee to take further action within five (5)
calendar days after receipt of the decision or within a total of fifteen (15) calendar
days if no decision is rendered, will constitute a dropping of the appeal.
(D) City Manager
The City Manager receiving the appeal, or his or her designated representative,
should discuss the grievance with the employee, his or her representative, if any,
and with other appropriate person(s). The City Manager may designate a
fact-finding committee, an officer not in the normal line of supervisor, or the
Personnel Board to advise him concerning the appeal. The City Manager shall
render a decision in writing to the employee within twenty (20) calendar days
after receiving the appeal.
38.5 Grievance — Conduct
(A) The time limits specified above may be extended to a definite date by mutual
agreement of the employee and the reviewer concerned.
(B) The employee may request the assistance of another person of his or her own
choosing in preparing and presenting his or her appeal at any level of review.
(C) The employee and his or her representative may be privileged to use a
reasonable amount of work time as determined by the appropriate department
head in conferring about and presenting the appeal.
(D) Employees shall be assured freedom from reprisal for using the grievance
procedures.
SECTION 39 — PURCHASE OF FIREARM
Upon retiring with an Honorable or Medical retirement from the Petaluma Police Department,
and obtaining a Retirement ID from the Chief of Police that allows the retiree to carry a
concealed weapon in accordance with all applicable Federal and State laws, the retired
member shall be allowed to purchase at fair market value the firearm that was issued to him or
her from the City of Petaluma.
Resolution No. 2016-006 N.C.S. Page 33
SECTION 40 — MUTUAL ACCEPTANCE AND RECOMMENDATION
The parties affix their signatures as constituting mutual acceptance and recommendation of
the Memorandum of Understanding to become effective July 1, 2014 upon acceptance and
approval of the City Council.
PETALUMA PUBLIC SAFETY MID -MANAGEMENT ASSOCIATION
Tim Lyons, Negotiating Team, PPSMMA
Jeff Holden, Negotiating Team, PPSMMA
CITY OF PETALUMA
Dianne Dinsmore
Human Resources Director
Scott Brodhun
Assistant City Manager
Date
Date
Date
Date
Resolution No. 2016-006 N.C.S. Page 34
EXHIBIT A — SALARY TABLE
Petaluma Public Safety Mid -Management Association — Unit 10
Fire Battalion Chief is at 2919.8 hours per year
salary range ttrective December b, zui5
Salary Ranae Effective December 7. 2015
Fire Battalion Chief (56 -hour)
$39.24
$41.20
$43.27
$45.44
$47.70
Fire Battalion Chief —
Administration
$55.09
$57.84
$60.74
$63.77
$66.97
Fire Marshal
$55.11
1 $57.87
$60.74
1 $63.791
$66.97
Resolution No. 2016-006 N.C.S. Page 35