HomeMy WebLinkAboutResolution 00-125 N.C.S. 07/17/2000 resolution No. 00-125 N.C.S.
of the City of Petaluma, California
RESOLUTION RATIFYING MEMORANDUM OF UNDERSTANDING
EXECUTED BY THE DULY AUTHORIZED REPRESENTATIVES OF THE CITY
AND THE PETALUMA POLICE OFFICERS ASSOCIATION
FOR EMPLOYEES OF UNIT 6 (POLICE)
WHEREAS, the City, through its duly authorized representatives, and Peace Officers'
Association of Petaluma, through its duly authorized representatives, have concluded their
mutual obligation to meet and confer in good faith with respect to terms and conditions of
employment for the employees in Unit 6, in accordance with the Meyers-Milas-Brown Act and
the City's Employer-Employee Relations Rules and Regulations (Resolution No. 5512 N.C.S.);
and
WHEREAS, the duly authorized representatives of the City and the Peace Officers'
Association of Petaluma have executed a Memorandum of Understanding pursuant to Section
15, Resolution No. 5512 N.C.S. and recommend its approval by the City Council; and,
WHEREAS, the City Manager, pursuant to Section 28, City of Petaluma Charter, and as
the City's Municipal. Employees' Relations Officer (Resolution No. 5375 N.C.S.) is required and
empowered to make a recommendation to the City Council on matters related to employees'
compensation; and,
WHEREAS, the City Manager has reviewed and concurs with said Memorandum of
Understanding for Unit 6, and does recommend that the City Council ratify said Memorandum of
Understanding.
NOW, THEREFORE, BE IT RESOLVED, the Memorandum of Understanding, being in
the best interest of the City, is ratified and the terms and conditions of said Memorandum of
Understanding shall be effective July 10, 2000 through June 30, 2005.
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) (Adjourned) (Special) meeting
on the ..........17 day of ........July......................................., 20.Q~, by the
following vote: At
AYES: Cader-Thompson, Hamilton, Healy, Keller, Maguire, Mayor Thompson,
Vice Mayor Torliatt
NOES:
None
ABSENT:
e
ATTEST:
City Clerk '~~m per, Mayor
"~~y Council File
Res. No........
00._T.~S .
CITY ®F PE'I'ALLTIVIA, CAI,IFOI~TIA
1VIEIVIORANDUM OF UNDERSTANDING
UNIT 6
PEACE ®FFICERS`' ASSOCIATION OF PETAL,UlVIA
FISCAL YEARS `2000-2005
Memorandum ofUnderstanding: Unit 6
r1,.1BLE OF'CONTENT'S
PREAMBLE
GENERAL
Section 1. Term of Agreement.
HOURS OF WORK
Section 2. Work Weelc
COMPENSATION
Section 3. Salary
Section 4. IRS Tax Exemption
Section 5: Overtime
Section 6. Call Back
.Section 7. .Compensatory Time Off
Section 8. Court Time Payment,
Section 9. Police Officer Working in a Higher Classification
Section 10. Field Training Officer
'Section 1.1. Communication Dispatcher -Clerk Training /'CSO Training
Section 12. Police Education Incentive Pay Program
Section.l3. Sergeant Promotions
Section 14. Uniform Clothing Allowance Program.
Secton.l5. Holiday Pay
Section 16. Sclc Leave Payment at Retirement.
Section 17. Investigation Standby
Section 18. Deferred' Cornpensafion
Section 19. Retiree Benefit, .Payment of
Section 2D. Medical Cashbacl~
Section 2'1. Spanish Bilingual .Pay
Section 22. Merit
INSURANCE.
Section 23. Health Insurance
Section 24. Dental Insurance
Memorandum of Understanding: Unit 6 ii
-
TABLE ®F CONTENTS, continued'
Section 25'. Life Insurance
Section 26, Long'Ter-m Dsabilty,Irisurance
Section 27. Vision Insurance
Section 28'. OtlierHealth and Welfare Payments
LEAVES
Section 29. Vacation
Section 30. Sck:Leave
Section 31. .Bereavement Leave
Section'32. Military Leave
Section 33. Leave of Absence without Pay
Section 34. .Jury Leave. ,
Section 35. .Holidays .
Section 36. Pregnancy.Leave
Section 37. Family Medical Leave ,
OTHER
Section 3'8. Retirement
Section 39. Grievance Procedure.
Section 4'0: Safety Cornrriitee
Section 41. .Americans With Dsabil_tie_s Act
Section 42: Layoff Procedure
Section 43. Committee on Tuition Reimbursement
Section 44. Meef and Confer on Psychological Fitness for Duty
Section 4~5. Savings Clause
Memorandum of Understanding:: Unit 6 iii
Y1t~ANII3LI~ i
This document represents the final and complete agreement resulting from Meet and Confer
sessions between the City of Petaluma and the Peace Officers' Association of Petaluma, Unit 6.
Representatives of the City and Unit 6 acknowledge that they :have fulfilled their mutual and
respective obligations to Meet and Conifer under the Meyers-Milas-Brown Act. As a result, the
parties have come to a mutual understanding which the representatives of the City and Unit 6,
who have the approval of their members, agree to recommend for acceptance and approval of the
City Council of the City of Petaluma.
The parties affix their signatures as constituting mutual acceptance and recommendation of this
Memorandum of Understanding to commence the day following approval by the City Council.
Memorandum of Understanding: Unit 6 1
'i
GENERAL
Section 1. Term of Agreement
This Memorandum' of Understanding shall commence upon adoption by the Petaluma City
Council and shall continue through June 30, 2005.
The parties will corrimence meeting acid conferring for the 2005=2D06. fiscal. year :not later--than
the end of Apri12005; and will endeavor to reach an agreement, in a written Memorandum of
Understanding for submission to the City Council for its` determination, prior to the adoption by
the City of its Final. Budget for the subsequent fiscal year.
No more thanahree (3) representatives of the Association may participate in bargaining on paid
time.
Memorandum of Understanding: Unit 6 2
C I-IOiJRS OF WORD
Section 2. Work Week
A. Work'Week and Work Day. The. work weep shall consist of forty (40) hours in one (1)
week, based upon afifty-two (52) week year. Except as provided hereinafter, an on-duty
work day may consist of eight (8) hours per day in each of five (5) twenty-four (24) hours
days, or ten (10) hours per day in each of four (4) twenty-four (24) hours days, pursuant
to Section 7(k) of the Fair Labor Standards Act.
B. FLSA Work Periods. The City has previously designated therelevant-"worle period"
under the Fair Labor Standards Act as a twenty-eight (28) day cycle for the classifications
of Police Officer, Police Sergeant, Police Sergeant Investigator, and Police Officer
:Investigator. For all other classifications in the Bargaining Unit, the "work period" shall
-consist of a seven (7) day cycle. The City reserves the right to determine and administer
all renuirements, practices, and procedures related to, for example, scheduling,
rescheduling; shifts., watches, assigiunents, holidays and other matters directly related
thereto.
C. 'Shift Bidding. The past practice of sign.-up by seniority for shifts and days off shall
continue without change.
D. Shifts for Patrol. Police Officers and ~Sergeaiits assigned."to patrol functions may be
assigned to either a 4=10 or a 4-11/3-11 work week as may be mutually agreed upon.
E. Non-Sworn. Non-Sworn classes covered by this Memorandum of Understanding shall
be placed on the (4) four / (10) ten plan. Should it be necessary to cover for vacation or
other leave for Parking Enforcement Officers,. the City shall have the right to reassign
those personnel to an alternate work schedule in order to provide. coverage as needed or
,reassign CSOs to those duties if a Parking Enforcement Officer is out for more than two
(2) weeks.
Memorandum of Understanding: Unit 6 3
CONIPENSATIQ ~ V
Section 3. Salary "
2000/2001:
Commencing on July 10 20.00 and continuing through the end of the last pay period for
2000/2001, ;the hourly rates of Unit 6 employees shall be as follows:
- _ 1 ~-~°r
1 II ~ ITI J 1'flcrit Pa~~ .
Police Investigative' Sergeant $ 26:90 $ 2824 , $ 29.6'5 $ 31,.,13, $ .32:.69 $ 34.33
Police Sergeant $ 26:90 $ 28.24 $ 29.65 $ 31.13 $ 3.2'.69 $ 34.33
Police Investigator $ 22.52 $.23.65 $ 24:83 $ 26..07 $ 27:37 28:74
Police Officer $ 22:52 $ 23:65 $ 24.83 26.:07 .27:37' $ 28.74
Evidence Technician $ 18.58 $ 19:51 $ 20.48 $ 21.51 $ 2-2.58 $ 23..71
Police Officer Trainee $ 17:49 $ 18.37 $ 19'.29 $ 20.25 $ 21:26 $ 22.33
Parking Enforcement Officer' $ 17.45, $ 1:8.32 $ 19.24 $ 20.20. 21:21 $ 22.27
Community Service Officer $ 17.58 $ 18.46 $ 19.38 $ 20.35 $ 21.37 $ 22.44
Public Safety Dispatcher $ 19.89 $ 20.89 $.21;93 $ 23.03: $ 24.18 - $ 25.39
This: reflects. the' same .rate of pay that. existed. in FY 1999%2000 for sworn employees'. and a three
and one-half percent (3.5%) increase for non-sworn employees.
Memorandum of Understanding: Unit 6 4
2001/2002.:
Commencing on July 9, 2001 and continuing through the end of the last pay period for
2001/2002, the hourly rates of Unit 6 employees shall be as follows:
1 r
1 li i I91 l~' P 17cr~it Pa~~
Police Investigative Sergeant $ 27.16 28._2 $ 29.95 $ 31.45 $ 33.02 $ 3.4.67
Police Sergeant $ 27.16 $ 28.52. $ 29.95 $ 31.45 $ 33.02 $ 34.67
Police Investigator $ 22.75 $ 23.88 $ 25::08 $ 26.33 $ 27..65 $ 29.03
Police Officer $ 22:75 $ 23.8$ $ `25..08 $ 26.33 $ 27.65 $ 29.03
Evidence Technician $ ]:9.23 $ 20.19 $ 2:1.:20 $ 22.26 $ 23.37 $ 24.54
Police ..Officer Trainee $ 18.11 $ 19.01 $ 19.96 $ 20.96 $ 22.01 $ 23..11
Parking Enforcement Officer 18.06 $ 18.96 $ 19.91 $ 20.91 $ 21...95 $ 23.0.5
Community Service Officer $ 1.:8.20 $ 19.11 $ .20.06 $ 2.1.06 $ 22.12 $ 23.22
ublic'Safety Dispatcher $ 2Q:.5~9 $ 21.62 $ 22.70 $ 23.83 $ 25.02 $ 26:28
This reflects a one percent (1%) increase in base wages for sworn employees and a three and
one-half percent (3.5%) increase for non-sworn employees.
.Memorandum of Understanding: Unit 6 ~ 5
2002/2003:
Effective the first pay period in July 20Q2 and confnuing through the end of the last pay period
for 2002/2003, the hourly rates of Unit 6 employees shall be as follows:
I 1
~ .
II l l~ I~% ~"l~~erit I'a~~
olice Investigative Sergeant. $ 27.98 $ 29.3.8' $ 30.85 $ 32:39 $ 34:01 $ 35.71
Police Sergeant. $ 27.98 $ 29.38 $.30.85 $'32.3'9 $ 34:01 $ 35:._71.
Police Investigator $ 23.43 $ 24.60 $ 25.83 $ .27:12 $ `28:48 $ 29::90
Police ,Officer $ 23.43 $ 24.60 $ 25.8:3 $ 27.:12 $ 28'.4:8. $ 29.90
Evidence Technician $19.90 $ .20,.90: $.21.94. $ 23.04 $ 24.19 $ 25.40
Police Officer. Trainee- $ 18.74 $ 19.68 $ 20':66 $ 21.b9 $ 22.78 $ 23..92
Parking Enforcement Officer $18.69 $ 19.63 $ 20..61` $:21.64 $ 22:72 $ 23.86
Community Service. Officer $ :1.8.83 ~ $ 1.9.77 $ 20.76 $ 21..,80 $ 22:;89 $ 24:04
ublic Safety Dispatcher $ 21.31.. $ 22.37 $;23,4.9 $ 24.67 $ 25'.90 $ 27.20
This reflects a three. per_.cent (3%) increase in base wages for sworn employees and a-three and
one=half percerit (3.5%) increase for non-sworn employees.
Memorandum of Understanding: Unit 6 6
2003/2004:
Effective the first pay .period, in July 2003 and continuing through the end of the last pay period
for 2003/2004, the hourly rates of Unit 6 employees shall be as follows:
1 r
~ 11- ~ I IB ~ I~' ! ~~~~ci-it
Police Investigative Sergeant $.29.,10 , $ 30.SS $ ~2:Q.8 $ 33..69 $ 35.37 $ 37.14
Police Sergeant $ 29.:10 30:55 3.2.08 $ 33.69 $ 35.37 $ 37.1.4
Police Investigator $ 24..:37 $ 25:58 $ 26.86 $ 28.21 $ 29.62 $ 3..:1.10
Police Officer $ 24,:37 $ 25.:5;8 $ 26.86 $ 28.21 $ 29.62: $ 31...10
Evidence Techriician $ 20:;60' $ 21.63. $ 22.71 $ 23.84 $ 25.04 $ 2629
Police Officer Trainee $ 1'9:3.9 $ 20..3'.6 $ 21.38 $ 22.45 $ 23.57 $ 24..75
asking Enforcement Officer $ 19.35 $ 20.32 $ 21.33 $ :22.40 $ 23.52 $ .24..69
Community Service Officer $ 1.9.49 $ 20.47 21:49 $ 22.56 $ 23..69 $ 2.4.88
Public Safety Dispatcher $ 22.05 $ 23,;1.6 $ 24:3'1, $ 25.53 $ 26.81 $ 28:15
This reflects a four percent {4%) increase. in base wages for -sworn employees and a three and
one-half percent (3~.5%) increase for.non-sworn employees.
Memorandum of Understanding: Unit 6 7
2004/20D5:
Effective the first pay,period i1 July 2004 and continuing through the end of thelast pay period
for 2004/2005,, the hourly rates of Unit 6 employees shall be as follows:
' l ~-~~r
1 V[ Ili 9t~' ~1~lcrit }'a~~
Police Investigative Sergeant $ 30.26 $ 31..78 $.33.36 $;3:5;3 $ 36..7:8 $ X8.62
Police Sergeant $ 30,26 $ 31.78 $ 33.36 $ 35.03 $ 3`6;78 $ 38.62
Police Investigator $ 25.34 $ 26.61 $'27.94 $29.33 $ 30.80 $ 32,3,4
Police Officer $ 25.34 $ 26:6:1 $ 27.94 $ 29:3;3. 30;80 32:34
Evidence Techn'can_ $ 21.32 .$.22.3'8 $ 23.50 $ 24:68 $ 25..91 $ 27.21
Police Officer Trainee $ 20.07 $ 21_.08 $ 22.13 23.24 $ 24:40 $ 25:62
Parking Enforcement Officer $:20.03 $ 21::03 ' $ 22.08 $ 23..18 24.34 $ 25.56
Community Service Officer 20.17 $ 21.18 $ 22.24 $ 23:3:5 $ 24.52 25.75
Public Safety Dispatcher $ 22.83 $ 23.97 $ 25.17 $ 26.42. 27.Z4 $ 29.13
This reflects! a .four percent (4%) increase in base wages for sworn: employees and a: three and
one-half percent (3.5%) increase for non-sworn employees.
Memorandum ofUnderstanding: Unit 6 8
Section 4. IRS Tax Exemption.
Effective July 1, 1994; the pereentage~ of each employee's PERS -contribution previously paid by
the City prior to the adoption of this MOU as the .Employer Payment of Member Contribution
(EPMC) shall instead be paid to the employees. Therefore,. as of July 1, 1994, each employee
shall have an 'increased base salary that will now include the total amount of the :employee's
member contribution to PERS previously paid by the City as EPMC. The employee's .member
contribution will be withheld from the employee's pay by the City, and the City will make the
employee's payment of the member contribution directly to PERS on the employee's behalf. For
purposes of withholding, the :City shall defer each employee's ;member contribution to PERS
through section 414 (h) (2) of the internal Revenue Code pursuant to City of Petaluma
Resolution No. 90-362 N.C.S. The employee may not elect to take this amount in salary. The
tax exemption does not apply to FICA/,social security.,
The .following is an example of the application of IRC 414 {li) (2) as applied to a sworn officer:
Sworn: A police officer makes $3.,0.0,0 per month base~salary. Under the prior contract the
officer was not .responsible for paying any portion of the required nine percent {9%)
employee contribution. The City was .responsible .for pay nine .percent (9%) (or $27.0.00),
which was a City, responsibility that was in addition to the $3.,000 base salary paid' to the
officer.
Under the 414 (h) (2) .method, the EPMC -will revert to salary, and the off cer's base
salary will .now be $3.,270. Of this; nine percent (9%) (approximately $294.00) will be
paid to PERS from the $3,270. The full nine percent (9%) will be tax-exempt and this
means the officer will pay-taxes on'$2,975.
The increase in base salary also means that the calculation. of the officer's overtime
compensation and other wage-driven computations, (such. as the computation of the cash
value of leave balances to which an employee may be entitled upon retirement) will be
affected in the same manner as would accompany an increase in base salary.
.Section 5. Overtime
The City shall compensate each employee governed by this .memorandum at the rate of time and
one=half (1-1 /2) at the current regular hourly rate' of pay .for- approved overtime. (Off-duty
training time conducted "in-house" shall be compensated as overtime.) Overtime of fifteen (15)
minutes shall be paid to'the nearest quarter (1/4) hour.
Memorandum of Understanding: Unit 6 9
Section 6. Call Back
An employee who is called back to wgrk, excluding court .time call-back,; after having completed
the employee's regular shift. and having; left the City premises; shall receive a minimum of two
(2) hours of work or two (2) hours. of pay,.. at t11e .overtime rate of time and one-half (1- T %2) •at the
current regular hourly rafe of pay.
Officers who are; called back to work while receiving; court` time: payments of the four (4) hour
minimum shall not be eligible for additional call back pay udder this section. Any:hours worked
beyond the court tune payments: shall be paid. at the overtime rate of `time and. one-hal'f (1-1/2) at
the current regular hourly rate of pay:
Section 7. Compensatory Time Off
Effective -July 1;;19.99
Sworn :and .non-swonz employees may.receive, in lieu of being paid for .overtime, .compensatory
time ,off at ..a mutually agreeable time between. the City and the employee. Such compensatory
time off'may be accrued up to .a maximum of two hundred;forty (240) .hours.. Additionally, an
employee of this unit, may not accrue more fhaii two hundred forty (240). hours during' any' fiscal
year. .Any time beyond the two .:hundred forty (240_). hours shall be paid. at the! gvertme rate of
one and one-half time, (1=1/2). This payment shall be automatically "initiated for the following
paycheck following discovery of'any excess accrual,..
Example:'
If a Uriit member starts, the .:fiscal .,year with two hundred (200) hours CTA already accrued; he or
she may then accrue. an additional- forty ,(40) 'hours.; :Once at the two hundred forty (240) 'hour
cap, all overtime would be paid in cash. During the •same fiscal year, 'he or she. could then,
however, use; .for example eighty (80); hours. of accrued Compensatory Time,; and the `balance
would drop from two hundred forty (240) hours to one: hui7dred sixty (1;60) hours,, after which the
member could accrue a_n a_ddtional eighty (80) hours up "to the two hundred forty (240) hour cap.
The Unit member would now have accrued one hundred twenty (120),:hours during' that fiscal
year,. Eventually, once the :member had used and accrued. a furl two hundred forty (240) hours
during. the fiscal. year, 11e or ,she would no longer be permitted to accrue any additional
Compensatory' Time that,year, and all overtime would be paid in cash.
Compensatory time shall not accrue when an employee -is assigned to work ;for airy other
employee who is talting compensatory time off.
Memorandum of Understanding: Unit 6 l0
Section, 8. Court Time Payments
A. The City will compensate a minimum of four (4) hours at time and one-half (1-1 /2) at the
cur-rent regular hourly rate of pay for each employee .for court. appearances on his/her own
time; additionally, time and one-half (1-I/2) shall be compensated for all hours actually
worked in court beyond such. four (4) hours.
B. Each employee covered by this Memorandum. of Understanding subpoenaed to appear in
court on his/her own time shall. be required to check with the designated police
department represertative; tfie evening before the employee covered by this Memorandum
of Understanding is scheduled to appear to determine.. whether the court appearance has
been canceled. If an officer's- Court appearance is canceled less than 12 hours before the
scheduled appearance;, and ;prior to leaving his/her residence, the. employee covered. by
this Memorandum of Understanding shall be ,compensated a minimum of two (2) hours at
tune and one-half' (1-1/2). If the employee covered by this Memorandum of
Understanding fails to check in with the designated police department representative the
evening before the scheduled court appearance; the, employee covered by this
,Memorandum of Understanding shall not receive- any court time minimum if the court
appearance was canceled the night before.
C. An employee .receiving full- salary while not worlang, pursuant to Labor Code Section
4850, shall not be granted :further compensation for court time unless this court time
(including all related professional activities) exceed the number of hours in the regular
work. day eight (8) or ten (:1.0), depending upon his .or her schedule; in one (1) day or forty
(40) hours in one (1) week; if such court time and related professional activities exceed.
eght.(8) or ten (10) hours in one day .(whichever is the applicable work day of forty (40)
Hours in one (1) week) the employee, shall be compensated for such additional time at the
applicable overtime rate at the .regular hourly rate of pay.
Section 9. Police Officer Working in a Higher Classification
A. When a Police Officer who is not assigned to Field Training Officer duties is assigned to
perform the duties of a. Sergeanf_for a period of four (4) hours or more by the 'Chief' of
Police or Lieutenant or -thee Watch Sergeant of the preceding shift when the Cliief or
Lieutenant is not on duty; he/she shall be paid five percent (5%) above the current regular
hourly rate of pay. If the Watch Sergeant of the preceding ,shift, the Chief, or Lieutenant
is unavailable due to unforeseen circumstances and it is necessary for an officer to
.perform.. the functions of a Sergeant, t11e Cliief or Lieutenant may grant subsequent
approval during his/her next normal work shift.
Memorandum of Understanding: Unit 6 11
B. When a Police Officer who. is assigned' to. Field Training Officer duties is assigned to.
perform the duties of a Sergeant :for a period. of thirty (30)~ consecufve days or more. by
the Chief of Police or Lieutenant, 'he/she shall be paid an additional five percent {5%)
above the FTO hourly rate.of pay:
C. Any overtime performed by a Police Officer whi'la he or she is entitled to pay at the
.Higher Classification rate. shall be. compensated at one and one=half (1-1/2) times the
applicable hourly rate at the higher classification.
Section 10:_ Field Trainn~ Officer
Police Officers who are designated Field Training Officer status shall: receive; five percent (5%)
above their base -rebul'ar rate. of pay. In izo .event hall there- be more than eight (8) officers
assigned to this classification.
Section 11. Communications:Dispatcher-Cler-k Training./ CSO Training
A. ~ Communication Dispatcher Clerlc.
Any Communications Dispatcher-Clerlc who is assigned to train a newly hired
Communications Dispatcher-Clerlc shall be paid fide percent ;,(5%) above his/her base;
regular-- rate of pay on all hours- spent': performing' assigned training and those duties
directly related' to this training (i.e: evaluation and report writing)..
B. Community Service Officer ' "
Effective the first full pay period following t17e signing and ratification by the City
Council of the MOU, the City agrees that CSO's'and PEO`'s.wi1T'thereafter receive. a fve
percent: (5%) .increase above their. base rate. of pay for Hours spent performing, assigned
FTO training duties and those duties directly related to training (i.e. evaluation and report
writing).
Section.l'2. Police'.Education Incentive Pay Program
A. This. Program .encourages employees in specific. classifications to acquire and to maintain
educational achievement.
Educational Incentive Pay shall be based on the basis o'f the Educational Incentive Pay /
26 pay periods and paid. on a pay period basis.
An employee :who reaches, for the first time,. salary Step=II of is/her classification, and
who has an Intermediate P.O,S.T. Certificate, shall. qualify to receive incentive- pay
Memorandum of Understanding; Unit 6 12
commencing with the next full pay period after receipt by the Human Resources
Department of P.O.S.T. Form signed by the employee and Chief of Police. Should
P.O.S.T. deny the certification, the employee shall reimburse all amounts issued under
this provision.
Intermediate P.O.S.T. Five percent (5%) of base salary
Advanced P.O.S.T'. Seven percent (7%) of base salary
Supervisory Certificate Seven percent (7%) of base salary
Section 13 Sergeant Promotions
Upon promotion to Sergeant, a Police Officer in Step V of the salary scale shall be placed in Step
III of the Sergeant salary scale.
All other Officers promoted to Sergeant shall be placed in Step I of the Sergeant salary scale.
Section 14. Uniform/Clothing Allowance Program:
All employees shall .comply with the uniform/clothing requirements and procedures as
established and administered by-the Police Chief.
The Uniform/Clothing Allowance program shall be paid for the term of this Memorandum with
full annual amount to be paid by separate check at the first. paycheck received in December. of
each year, using the employee`s salary rate as effective on October 5th of that year.
A. The amount of one and one-half percent (1-1 /2%) of the annual salary of the top step
Police Officer per year for the classifications of sworn classifications.
B. The amount of one and one-half percent (1-1/2%) of the annual salary of the top step
Community Service Officer per year for the non-sworn classifications excluding Public
Safety Dispatcher Cleric.
C. Employees hired on or after July 1 and priorto December of each fiscal year shall be paid
a full annual payment amount by separate check ,at the first paycheck received in
December. Employees hired on or after December 1 and prior to June 30 of the .fiscal
year shall be paid the full annual payment amount on/or before July of the following
fiscal year.
D. An employee who terminates from City service or is released from City service shall only
receive a prorated annual amount. An employee who so separates from City service after
any payment has been. iilade shall return that portion of the allowance determined by the
last day in City service and the end of the fiscal year.
Memorandum of Understanding: Unit 6 13
E. Any employee on leave of absence without pay, workers' compensation, or leave status in
excess of thirty (30) accumulative calendar days during the term of thus MOU shall
receive a prorated amount. for the :fiscal year. Aizy employee receiving full salary while
not working in excess of thirty (30) accumulative calendar days pursuant to Labor Code
4850 shall receive a prorated amount for the fiscal year.
Section 15. Holiday Pay
For those employees of Unit: 6 who are required to be available for. regular duty on :holidays
rather than receiving time off, the. City of Petaluma shall grant a total of ninety-six (96) hours of
holiday pay per fiscal year. The City shall ,pay for such.holidays by separate check on the first.
paycheck received in December;: in lieu of giving time off.
Effective the adoption. of this Memorandum of Understanding, those sworn personnel who are
assigned to Investigations shall be required to work their normal work week including holidays
rather, than receiving., time off: Holiday Pay for Investigations shall. be provided in the manner as
provided those sworn officers working patrol.
If an employee works only part of a year due to resignation, termination; retirement; or disability,
he or she will be entitled to a prorated share of the ninety-six (96) hours payment, based upon the
portion of the year the employee worked.
Section 16. Sick Leave, Retirement .
In the .event of retirement, an.employee who has completed ten (10) years or more with the City
shall receive fifty percent (50%) of his/her accumulated but unused sick leave, not to exceed four
hundred eighty (4"80) hours.
In the event of a disability retirement, the disabled employee shall receive fifty percent (50%) of
his/her accumulated but- unused sick leave, not to exceed six hundred (600) hours..
Section 17. Investigation Standby
As compensation for- the inconvenience of .having to "stand by," the City will compensate: the
Investigator on standby at .the rate of one Hundred fifty dollars ($150.00) per seven (7) day
workweek of actual standby. Additionally, for each holiday for which the investigator is
required to stand by, the City will pay the Investigator aii additional forty dollars ($40.00).
Memorandum of Understanding: Unit 6 ] 4
Section 18. Deferred Compensation
The Peace Officers' Association of Petaluma will be eligible to participate in the City of
Petaluma's 457 Deferred Compensation Plan Program.
Section 19. Retiree Benefit, Payment of
This provision takes effect July 1, 1999.
1. An employee with twenty (20) years of service and who is age fifty (50) or older and who
retirees on a service retirement during the term of this agreement, shall be eligible for a
service benefit in the amount equal to one hundred dollars ($100) per month less the
amount contributed directly to the PEMCHA premium by the City. This payment shall
continue as long as the employee continues in the PEMCHA plan as a retiree: Should the
retired employee not continue in the PEMCHA plan, he or she shall be eligible :for an
amount of one hundred dollars ($100) per month as a direct payment as a retiree service
benefit. It is the responsibility of the retiree to notify the City in writing that he/she is not
being covered by the PEMCHA plan and the City shall commence payment of the one
hundred dollars ($100) per month at ahe beginning of the month following the receipt of
such notice.
2. Employees retiring after September_ 1, 1997 who. meet the service requirements listed in
paragraph 1 above shall receive an additoizal fifty-six: dollars and eighty-three cents
($56.83) per month as a retiree service benefit.. Should the retired employee not continue
in the PEMCHA plan, he or she shall be eligible for an amount of one hundred fifty-six
.dollars and eighty-three cents ($156.83) per month as a direct payment as a retiree service
benefit. It is the responsibility of the retiree to notify the City in writing that he/she is not
being covered by the .PEMCHA plan and the City shall commence payment of the one
hundred fifty-six dollars and eighty-three cents ($156':83) per month at the beginning of
the month following the receipt such notice.
3. An employee who retires on disability will be eligible for the amount listed in paragraph
1. (Service Retirement). above for a period of eighteen,(18) months beginning on the later
date of January 1, 1993 or the retirement date.
Section 20. Medical Cash Back
An eligible employee may request cancellation of the employee's City-paid medical and/or
dental insurance coverage upon presentation to the City of satisfactory proof that he/she has
medical and/or dental insurance: coverage from another source. Any such request must be made
prior to December 1st preceding the calendar year of coverage and cannot be revolted during the
entire year of coverage except in the case of certain family status changes as defined by law, such
as, (1) the employee's marriage or divorce, (2) the birth.of a child of the employee, (3) the
Memorandum of Understanding: Unit 6 15
adoption of a cliild by the employee; (4) the death of the employee or of the employee's spouse
or child, (5) the commencement or termination of employment of the employee's spouse, (6) the
change from 'full, tinge to part-time employment status or froiiz a part-time to .full-time by -the
employee or the employee's spouse, (7) the taking of an unpaid leave of absence by the
employee or t17e employee's spouse, or (8) the loss of a child's dependent status,. as defined under
the Internal Revenue Code.
Any employee experiencing a change in family status that would increase or decrease the amount.
of cash back which he/she is receiving under t11is provision should promptly file a notice of
change in family status with .the City. Eligibility for such. increased or. decreased payments
commences with the filing, of this notice. Cash back payments will thereafter be increased or
decreased depending on the nature of the family status change. However, in the event the
employee fails- to notify the City within tliirty (30) days about a change in family status that
would result- in a decrease: iii the cash back: payment, it is agreed that any amounts paid to •
hire/her • as a result. of his/her failure. to promptly notify the City of the family status eliange as
required by this section will be refunded to the City by a deduction from the employee's pay, at a
rate not to exceed ten percent (10%) of the employee's gross pay per pay period, until refunded
in full.
When an employee who has- requested cancellation. of t11e employee's City-.paid .medical and/or
dental insurance coverage has demonstrated such coverage from another .source to the City's
satisfaction, the City will request cancellation of the employee's medical.and/or dental coverage,
subject to the terms and conditions of the particular policy. Upon actual cancel-lation of the
employee's medical coverage; and: commencing- on the date. of cancellation of such policy, the
City will instead pay to the eligible employee, on a monthly basis, an an7ount equal to fifty
percent (50%) of the "equivalent monthly` cost," as defined herein, of `insurance .coverage of said
employee. In determining the "equivalent monthly cost" of such coverage; the City shall
calculate the monthly premium amount which would be paid by the City on the employee's
behalf under the: Aetna North Plan, based on the employee's coverage level (e.g. self, self. plus
spouse, self plus spouse, plus children) at the time of such cancellation: .However, if the actual
monthly cost of the employee's current plan coverage is less than the monthly Aetna .North plan
cost, then the lower .figure from such plan (the "Lower Cost Plan") shall be used.. to .:determine the
"equivalent monthly cost." In the event .coverage is canceled only for the employee'_s spouse or
dependent children, the "equivalent monthly cost" shall be determined by reference to the
difference in the monthly premium amount which would be paid by the City on the employee's
behalf under the old and new levels of coverage (as calculated. using the Aetna North plan or the
Lower Cost Plan, as applicable).
• Upon such cancellation of the employee's dental .coverage; the City will instead pay to the
eligible employee,. on a monthly basis; an amount equal to fifty percent (50%) of the City's
internally generated estimated monthly cost of the: self-'funded dental costs. The "same rule
regarding "the deadline for elections and the irrevocability of elections that apply to the medical
plan. will also :apply to the dental plan. •
Memorandum of Understanding: Unit 6 16
All requests for cash back under this section and payments made thereto will be subject to and in
accordance with the terms and conditions and cancellation requirements of each applicable plan,
including the city Flexible Benefits Plan, and cancellation by the employee or coverage under the
plan. Any employee canceling coverage will be required to meet all rules and conditions of the
particular plan, including, but not limited to, all rules and conditions governing administration,
cancellation, and re-enrollment eligibility. By requesting a cash payment pursuant to this
section, such employee understands and agrees as a condition of receipt of this payment, that re-
enrollment eligibility into any plan is not guaranteed.
Section 21. Spanish Bilin~uaT Pay
Qualified Spanish speaking employees subject to this Memorandum of Understanding will be
eligible for bilingual pay at 'two hundred dollars ($200.0.0) per :month. To qualify, employees
must be tested for fluency at a High level proficiency rate. Testing procedures and skill levels of
proficiency shall be determined by the Human Resources Director.
Section 22. Merit Pay
This provision becomes effective July 1, 1999.
A Unit .Member will be eligible for the sixth step based upon is or her most recent performance
evaluation, which must rate the Unit Member's' performance as satisfactory or above overall.
A Unit Member's initial or continuing. eligibility will be evaluated each year in order to evaluate
whether or .not his or her performance initially merits, or continues to merit, the sixth .step
increase;
The City shall ensure that each eligible Unit Member receives a timely yearly performance
evaluation, and if not, the Unit Member will receive the step increase for that year automatically;
The program will. take effect July 1, 1999, with each Unit Member with the minimum years. of
service first becoming eligible for the increase during the. next regular evaluation period for~'that
Unit Member following July 1,1999.
An initial denial of the merit increase will be subject. to the grievance procedures of the MOU,
including the right to appeal to the Personnel Board, but not the right to final and binding
arbitration. Once granted, a revocation of the five percent. (5%) merit pay increase will also be
subject to the grievance procedures, including the right to appeal to arbitration.
The merit increase applies to all members of the U"nit, including, but not limited to, sworn
persomlel. If granted, the increase will be paid the first full pay period following the date the
evaluation is reviewed and signed by the Chief of Police.
Memorandum of Understanding: Unit 6 17
INSURA~NC' l~
Section 23. Health .Insurance
1. ACTIVE Employees
The City shall participate in the Public Employees' Medical Health Care Aef (PEMHCA)
for members of Unit 6. The designated premium paid by the City toward. this program
shall be in the amount of one hundred dollars l 00:00) -per month per employee.
2. RETIRED Employees
Employees who retire .from the City of Petaluma shall receive contributions to their
medical premium while under the PEMHCA plan., This payment will increase in the
.amount of five dollars ($5.00) per year until it reaches the amount of'($100.00) per month
as listed_;in paragraph 1 above.
Section 24. Dental Self-.Funded Program
The City shall provide for a. group self.-funded Delta Dental Program for City employees .and
dependents in this tiulit. Additionally, the 'City shall coat"rbute toward an orthodontia. plan. one
thousand dollars: ($1,,000). per child at a fifty percent (50%) co-payment: rate.. The City shall pay,
during. t11e period of this Memorandum,. the full premium toward the City group dental insurance
coverage program currently in.the amount of seventy-four dollars ($74.00) per month.
Section 25. Life `Insurance
The City shall provide, dur-ing the period of this 1Vlemorandum, at no cost to the :employee, group
term life .insurance coverage in the principal amount of fifty tlousand dollars: ($50;000) per
employee.
This will be effective: no later than July 1, 2000.
Section 26. Long Term Disability Insurance
A. The City shall pay, during the period of this Memorandum; the; monthly premium for the
PORAC Long-Term Disability -Plan for all :Police Officers and Sergeants; provided,
however, that the total .amount, paid by the City in connection with LTD ahall. not. exceed
thirty-five dollars and,teil cents ($35.10) per'monthfor any employee.
Memorandum of Understanding: Unit 6 l8
B. During the term of this Memorandum of Understanding, the City will pay twenty-two
dollars and eighty cents ($22.80) per month toward Long-Term Disability coverage for
non-sworn personnel in -Unit 6.
Section 27. Vision Self Funded Program
The City shall provide a self funded Vision Plan for employees and dependents in the amount of
twelve dollars and ninety-five cents {$12.95) per month.
Section 28. Other Health and Welfare Payments
The City shall provide to the active .members of Unit 6 additional monthly health and welfare
payments equal to the PEIvIHCA AETNA North premium amounts less one hundred dollars
($1'00.00).
Memorandum of Understanding: Unit 6 19
- LEAVES
Section 29. Vacation
A. All regular employees of the City of Petaluma are entitled to accrue vacation with pay in
the following amounts:
~'acZii~~n .~ccru~~-( flour;
=amount ~,I~Culltin~_it~u5 Strti:ce i ~~laYinnu7~ _~certi<~I Allo~~ed
i Pcr l~e~u
Through year'1 80 hours lb~ hours
Through .year 4 96 hours 192., hours
Through: year 9 120 hours 24'0' hours
Through year 10 1281ours 256 hours
Through year 11 1361iours 272 hours
Through year 12 144 hours .288 hours
Through year 13 ~ 152 hours 304 hours
Through year 14 160 Hours 320 Hours
Through year 15 168' hours 336 hours
Through year 16 1'76 hours :352 hours
Through year 17 184 hours -36.8 hours
Through year 18 1921zours 384 hours
Through year 19 200 hours 400 hours
B. Vacation accumulation in excess of two years shall not be allowed.
Section. 30: Sick Leave
A. General.
Siclc.leave with pay shall be granted to all probationary and regular employees covered by
this Memorandum. of Understanding. Sick leave shall not be considered a right; which an
employee may use at his/her discretion, but shall. be allowed only in the. case' of necessity
or actual personal siclaless or disability.
Memorandum. of Understanding: Unit 6 20
B. Accrual.
It is understood that the sick leave provisions of the Memorandum of Understanding for
this Unit provides for accrual at the rate of eight (8) Hours per employee per month.
C. Notification Procedures..
In order to receive compensation while absent on sick leave, the employee. shall notify
his/her immediate superior or as determined by the Chief of Police a minimum of two (2)
hours prior to the time his or her shift commences, except in the case of sudden onset of
illness within the two (2) hour period immediately preceding the start of the employee's
shift. However, an employee must in all circumstances notify the department of illness
prior to the commencement of his or her shift. When absence is for more than three (3)
days duration, the employee may be required to .file a physician's certificate with the
Human Resources Department stating the cause of the absence.
D. Family Siclc leave.
General
Leaves of absence up to four (4) working days with pay per fiscal year may be granted to
employees in the event of serious illness or injury in the employee's immediate family
and will be charged against sick leave. The immediate family shall consist of the spouse,
children, parents, brothers, sisters, , or other individuals whose relationship to the
employee is that of a. dependent or near dependent. h1 each case, the appointing power
shall grant such sick leave only when in his/her. opinion, the relationship of the sick or
disabled person to the employee warrants such use of sick leave.
New Born Care
Employees covered by this Memorandum of Understanding shall be allowed up to
twenty-one (21) calendar days for newborn care to be paid from sick leave at the
employee's request.: Female employees who are no longer disabled by virtue of
pregnancy can use vacation and/or CTA up to the maximum permitted by .law.
E. Relationship to Worker's Compensation
When. aNon-Public Safety employee's absence from work has been occasioned by injury
suffered during his/her employment and she/he receives worker's compensation
temporary disability benefits, he/she shall also be eiztitled to supplement such workers'
compensation. benefits with sick leave for a period. of six (6) months or until the
temporary disability is abrogated or the employee retires for disability.
Memorandum of Understanding: Unit 6 21
F. Retirement Due To Disability
A Public Safety employee who is permanently disabled froicn performing the normal
range of duties attached to his/11er position, aid w11o has been declared to be permanent
and stationary may be retired for disability without his/her consent, pursuant to California
Government Code Section 2.1025.4.. Should the employee consent, however, the
employee maybe retired at an earlier date.
Notwithstanding the provisions of Government Code Section 21025:2, an employee who
is otherwise> incapacitated. for duty and eligible for disability retirement may not be
allowed to .postpone the effective date of .his/her retirement by using any sick leave to
which the employee might otherwise be entitled.
G. Sick Leave Transfer.
Any Bargaining Unit employee may transfer some of his/her accrued sick leave to
another bargaining-+unit employee for use as sick leave by the receiving, employee. Such
transfer shall be accomplished by a memo from the transferring employee to the
designated Police Department representative for forwarding to the Humari Resources
Department, setting:for the name of the receiving: employee and the number of hours
being transferred. All .such transfers are irrevocable. In order to be eligible to receive a
transfer of sick leave, "the receiving employee must have zero .hours of accrued sick leave.
Transfers shall be~subject,to the following limitations:
1. A~11 transfers shall be within this Unit only; and
2. Employees will not be eligible to transfer sick leave balances upon voluntary or
involuntary`termination of their employment with the City,: Otherwise, however,
the City will ;agree to accept and process multiple transfer requests by eligible
donors, in order received,' to eligible recipients, up to the maximum permissible
amounts under the existing MOU provisions.
3. A donor must retain a balance of forty (40) hours at any time.
4. The recipient must have a zero balance.
5. A recipient may receive no more than one thousand forty (1,040) lours per fiscal
year.
6. 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.
Memorandum of Understan""ding: Unit 6 22
H. Use of Siclc Leave during Vacation
When an employee has been confined to a hospital, .health care facility or home due to a
serious illness or injury and has provided a medical authorization by a certified physician
or medical practitioner, that employee .may use sick leave in lieu of vacation. for the
period of confinement.
Section 31. Bereavement Leave
Leaves of absence up to four (4) working days per fiscal year may be granted to employees in the
event of death in the employee's immediate family. The immediate family shall consist of the
spouse, domestic partner registered with the City Clerk's Office, children, parents, brothers,
sisters, father-in-law, mother-in-law, brother-in-law, sister-in-law; grandparents, domestic partner
as registered with the City Clerk's Office, or other individual whose relationship to the employee
is that of a-legal dependent.
Section 32. Military Leave
Military leave s11a11 be granted in accordance wit11 the provisions of State Law. All employees
entitled to military leave shall give the appointing power an opportunity within the limits of
military regulations to determine when such leave shall. be taken.
Section 33. Leave of Absence Without Pay
The City Manager may grant a regular or probationary employee -leave of absence without. pay or
seniority for a period not to exceed. three (3) months. Good cause being shown by written
request, the City .Manager may extend the leave of absence without pay for an additional period
not to exceed six (6) months. No such leave shall be granted except upon written request of the
employee setting forth the reason for the request, and the. approval will be in writing. Upon
expiration of a regularly approved. leave or within a reasonable period of time after notice to
return to duty, the employee shall be reinstated in the position held at the time leave was granted.
Failure on the part of an employee on leave to report promptly at its expiration, or within a
reasonable time after notice to return to duty, shall be cause for discharge.
Section 34. Jury Leave
Every classified employee of the City who is called or required to serve as a trial juror shall be
entitled to absent himself/herself from his/her duties with the City during the period of such
service or while necessarily being present in court as a result of such call. Under such
circumstances, the employee shall be paid the difference between his/her full salary and any
payment received, except travel pay, for such duty.
Memorandum of Understanding: Unit 6 23
Section 35. Holidays
A. Fixed Holidays.
The City shall observe twelve (l2) paid .fixed-date holidays: These holidays shall be '
established for the City's fiscal year as determined by City Council Resolution.
B. Holiday, Floating.
The City will provide one (1) "Floating Holiday" of eight (8) hours per employee, per
fiscal year, for employees assigned to work .eight (8) hours per day; which may be `taken
by the .employee at a time mutually agreed upon by the employee and the Police Chief,
consistent with operational needs.
1. The City will provide one (l) "Floafing .Holiday" of ten (10) hours per day per
fiscal.. year; which. may be taken by the employee at a dine mutually agreed upon
by the. employee and the Police. Chief consistent with operational ;needs. If 'the
Floating Holiday is not taken within the fiscal year ending Juize 30t1i, the City will
pay the employee for that day.
2. The appropriate hours, eight (8) or ten: (1`0) will be determined by the hours per
day being worked at the time the "Floating Holiday" is taken.
3. Employees hired between July 1 and December ~ 1 of each .fiscal year will be .
eligible. for a Floating'. Holiday during the course of that fiscal year. Employees
hired on or after January 1 of each year shall not be eligible.for a Floating Holiday
during that fiscal year.
Section 36. Pregnancy Disability Leave
A. An employee who is disabled on account of pregnancy, childbirth; or related medical
condi"tions may take ~a pregnancy-related disability leave .for the period of the actual
.disability, up to a maximum of-four (4) months, in addition to any family care. leave to
which the employee may be entitled:
B. All requests for pregnancy disability .leave shall be written and submitted to: (l) the
employee's department dead, aild (2) the Human. Resources Director for,. final. approval.
The employee must submit a health care provider's statement verifying the need for
pregnancy-related disability leave and its; anticipated begiruling and ending dates. Thee
employee must promptly report any changes in this information to the department head
-.and the Human Resources Director.
C. An employee on pregnancy disability -leave inay utilize any accrued sick leave; vacation,
or compensatory time accrued to receive regular compensation "benefits during the
Memorandum ofUnderstanding: Unit 6 24
pregnancy disability leave of absence. Any use of accrued paid: leave benefits must be
approved by the Human Resources Director prior to their utilization and will be paid
continuously per the employee's regular work schedule. Such hours shall commence
from the first day of pregnancy disability leave and shall continue until such leave is
exhausted, The use of accrued paid leave benefits does not extend the total duration of
pregnancy leave to which an employee is entitled.
D. Employees returning. from pregnancy disability leave are entitled to reinstatement to the
same position (if available) or a comparable position for-which the employee is qualified,
to the extent required by law. To ensure that an employee's return to work can be
properly scheduled, an employee on pregnancy-related disability leave is requested to
provide the Human Resources Director with. at least two (2) weeks advance notice of the
date the employee intends to return. to work. If an employee fails to report to work at the
end of the pregnancy-related disability leave aiid ,does not notify the Hiunan Resources
Director of her status, the employee will be .deemed to leave resigned.
E. If an employee .chooses io return to work withn..six (6) weeles after normal delivery or if
any question exists regarding. an employee's' pliysical ability to perform regular j ob duties
because of medical complications, the. Human. Resources Director may require the
employee to provide a doctor's medical release verifying the employee's ability to
perform such duties.
F. If a medical disability exists which exceeds sixty (60) days, the employee may request. to
be put on.long-term disability in accordance witfi the. Association's Long-Term.Disability
Program. If .the employee still has sick leave hours accumulated, these hours may be
used to supplement LTD payments. In no case shall the employee receive payments in
excess of regular compensation. The use of LTD' will be subject to the policy under which
they are covered.
G. In addition to or in lieu of a leave of absence, aii employee with apregnancy-related
disability may request a transfer to a different position. Such a request must be
accompanied with a certification from the ~ employee's health care provider that such a
transfer is medically advisable. If a position is available for which the employee, is
dualified and the transfer request can be reasonably accommodated, the Human
Resources Director will grant the transfer request.
Section 37. Family 1Vlediaal Leave
A. Pursuant to the Family and Medical Leave Act of 1.993, FMLA leave shall be.granted
where the following conditions are satisfied:
1. The employee has been employed for at least twelve (12) months by the City and
has provided at least one thousand two hundred fifty (1,250) hours of service
during the twelve (12) months before the leave is requested.
Memorandum of Understanding: Unit 6 25
2. The leave is taken for oize ofthe following reasons:
a. because of the birth of a child or placement for adoption or foster care of a
child;
b. in order to care for the spouse, son, daughter, parent, or one who stood.. in
place of a parent of the employee, if uch spouse, son, daughter, parent, or
"in loco. parentis" has a serious 17ealth condition;
c. because of a serious health condition that -makes the employee unable to
perform his/her employment functions.
3. The employee must provide notice and certification for the leave as described in
paragraph C below:
B. FMLA .leave is' available for a total of twelve (12) weeks during any :fiscal year.
C. Tlie employee must provide the .City with thirty (3'0) days advance notice of the leave, or
such notice as is practicable, if thirty (~0) days notice is not possible.
1. The employee must provide the :City with .certification of the condition from a
health care provider. The- City, at the City's expense, may require a ~ econd
opinion on the validity of the certification. Should a conflict arise between health
providers, a third and binding opinion, at City's expense hall be sought.
2. An employee seeking -FMLA leave must first use paid iclc leave (if applicable,
i.e.; for personal injury/illness or the care of a spouse or, child as limited under the
MOU -Family Siclc Leave) and vacation before going on unpaid leave. T11e total
amount of .family leave paid and unpaid will not exceed a total of twelve (12)
weel{s. In any case in which a husband and wife entitled to family cave :are both
employed by the City; the aggregate. ntunber of work weeks of leave to which
both may be entitled shall be limited to twelve (12) week during any fiscal year if
such leave- -is taken because of the birth of a child or placement for adoption or
foster care of a child.
D. The employee shall be responsible for his/11er share of t11e health insurance cost during .
the leave. If t11e employee does not return from the leave, he/she is responsible for the
total insurance premium paid by the City.
E. Forms are available from the Human Resources Department.
Memorandum of Understandin;: Unit 6 26
i - -
OTHIJR`
Section 38. Retirement
A. The City of Petaluma agrees to maintain its current Public Employees' Retirement System
to provide the two percent (2%) @ fifty (5.0) program aild all other options currently in
effect for sworn officers.
Sworn Contract. Amendments
Options: 195.9 Survivors Benefit (Leve14). The Association agrees to split the cost
of this contract modification 50/50.
One year Final Compensation
Unused Sick Leave Credit
Military Service Credit as Public Service
Effective the beginning of the last pay period of June 2001., the City will implement the
three ,percent (3%) @ fifty (5`0) PERS Retirement Plan. The City's share of the PERS
contribution shall be "capped" at twenty percent (2D%). In the event that. the City
contribution exceeds twenty percent (20%) in any year, the value of the wage increase
conferred to Unit 6 employees shall be reduced. by one half (1/2) of the amount of the
City contribution exceeding twenty percent (20%), up to a maximum of the scheduled
wage increase for that year.. (For.example, if the City contribution increases from twenty
percent (20%) to twenty-four percent (24%) in a year with a scheduled increase of four
percent (4%), the member's. scheduled increase is reduced from four percent (4%) to two
percent (2%).
B. The City agrees to maintain its current Public Employees' .Retirement System to provide
the two percent (2%) @ fifty-five ,(55) program and all other options currently in effect
for non-sworn personnel.
Non-Sworn Contract Amendments
Options: 1959 Survivors Benefit (Level 3)
One Year Final Compensation
Unused Siclc Leave Credit
Military Service Credit as Public Service
Memorandum of Understanding: Unit 6 27
Section 39: G"rievance
A. Purpose of Rule:-
1. ~ To promote improved employer-employee relations by .establishing grievance
procedures on matters for' which appeal or lieariizg is not provided by other City
procedures.
2. To afford employees (individually or through the Association) a systematic means.
of obtaining further considerations of problems after every reasonable effort lias
failed to;resolve them through discussions.
3. To provide that grievances shall be' settled as near as possible to the point of
origin.
4. To provide that appeals shall be conducted as informally as possible.
B. Matters Subject to Grievance Procedure:
Any employee 'in the competitive service shall have. the right to appeal/grieve under -this
procedure, a decision affecting his/her employment over which. the appointing authority
has partial or complete jurisdiction and for which appeal is :not provided by other
regulations or is not prohibited. Appeals to arbitration. under Section E 2, shall be limited
to'
1. Non-probationary termination;
2. Disciplinary demotion;
3. Suspension without pay- for forty (40) or more hours; or
4. A grievance regarding the application or interpretation. of this Memorandum of
Understanding.
C. Grievance Procedure
1. Step One
An employee who has a problem or ~ complaint .should first. try to get it settled
through discussion with .his/her Lieutenant. without undue delay: Every effort.
should'be made to find an acceptable solution by informal means at his/her lowest '
possible level of supervision.
2. Step Two
If the employee is not in agreement with the decision reached by discussion in
-Step One (1), t11e employee s11a11 Have the _rght to file a Step Two (2) appeal in
writing within ten (10) calendar days after receiving the .Step One {1) decision of
Memorandum of Understanding: Unit 6 28
the Lieutenant. The Step Two (2) Appeal shall be presented in writing to the
employee's Captain, who shall render a decision and comment in writing and
return it to the employee within ten (10) calendar days after receiving the appeal.
Failure of the employee to take .further action within five (5) calendar days after
receipt of the written decision of the Captain, or within a total of fifteen (15)
calendar days if no decision is rendered, will be considered by the City an
irrevocable dropping of the appeal.
3. Step Three
If the employee does not agree with the Captain's decision at Step Two (2), or if
no Step Two (2) answer has been received within ten (10) calendar days, the
employee may present a Step Three :Appeal in writing to Chief of Police. The
Chief of Police, or a designated representative if requested, shall discuss the Step
Three (3) Appeal with the employee, his/her representative if requested, and any
other person the Chief deems appropriate, if any. The Chief shall render a
decision in writing, and return it to the employee within ten (10) calendar days
after receiving the appeal. 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 be considered by the City an
irrevocable dropping of the appeal.
4. Step Four
If the employee does not agree with the decision. reached at Step Three (3) or if no
answer has been received within ten (10) calendar days, he/she may present the
Step Four (4) Appeal in writing to the City Manager. After receiving the Step
Four (4) Appeal, the City Manager, or a designated representative, shall discuss
the grievance with the employee; employee's representative if requested, and with
other appropriate persons the City Manager deems appropriate, if any. The City
Manager may designate afact-finding committee or officer not in the normal line
of supervision, to advise llim/l7er concen~ing the appeal. The City Manager shall
render a Step Four . (4) decision in. writing to the employee within twenty (20)
calendar days after receiving the grievance.
5. Step Five
If the employee does not agree with the City Managers' decision at Step Four (4),
or if no Step Four (4) answer has been received within twenty-five (25) calendar
days, the employee may present a Step Five (5) appeal in writing to the City
Manager or his/her designee. An employee who chooses to appeal Step Four (4)
has the right to elect either of the two (2) following procedures outlined below. In
order to elect a procedure herein, the employee must give written notice of his/her
intent to proceed under a specific procedure at the time this Step is involved. Such
written election shall be on a form provided by the City and shall contain an
Memorandum of Understanding: Unit 6 29
unequivocal acid unconditional waiver of the right to proceed, under the alternative
election. In iro event will any employee b'e allowed to pursue both appeal
procedures.
1) Personnel Rules. and Regulations
Any regular employee shall liave the right to appeal to the
Persoiuzel. Board any disciplinary action,, :interpretation or alleged
violation of ;the Personnel Ordinance or the Personnel .Rules and
- Regulations except in instances where the right of appeal is
specifically -prohibited. by the Personnel Ordinance or the.
Personnel Rules aild Regulations.
2) Final and:Bindng Arbitration.
a. An employee may elect to use. Procedure Two only if it is
an appeal involving (1) non-probationary termination, or
(2) a disciplinary demotion, or (3) a suspension without pay
- for forty. (40) or more hours, or (4) a grievance involving
the application or interpretation of this Memorandum of
Understanding.
b. In matters involving: discipline, the arbitrator shah have the
authority to determine wletller .the City, 'in taking the
disputed disciplinary action, had just cause. for such action,
involving (I) i~ori-probationary termination, or (2) a
disciplinary demotion, or (3) a suspension without pay .for
forty (40) or more Hours, and shall have authority to
.uphold, reduce or set aside the discipline, including
renstatement'and restoration of bacl~ `salary.
c. In matters involving the interpretation or application of this.
Agreement, the arbitrator. shall not add. to, subtract from,
. change or modify any provision of this agreement and shall
be authorized only to apply existing. provisions of this
Agreement to the specific facts involved and to interpret
only applicable provisions of this Agreement.
d. The parties agree on the following ,standing panel of
arbitrators. Step Five. (5) Appeals shall be `heard and
decided by an arbitrator selected. from this panel by the
mutual agreement of the parties: or, failing such an
agreement, by the alternative strikeout .method.
e.
Memorandum of Understanding: Unit 6 ;p
Joe H. Henderson Barbara Bridgwater
Emily Maloney Francis Walsh
Donald Wollett Gerald McKay
Geraldine Randall
3) The City and employee (or Association) shall share equally the
costs of the Procedure One or Procedure Two, including both fees
and expenses. Each party, however, shall bear the cost of its
presentation, including preparations and post hearing briefs.
4) The tune limits set forth herein may be extended, shortened or
waived by the mutual agreement of the parties but otherwise are
binding.
Section 40. Safety Committee
The Peace Officers' Association of Petaluma shall appoint one (1) member to a Departmental
.Safety Committee.
Section 41. Americans with Disabilities Act
The City and the Association recognize that the Americans with Disabilities Act and the Fair
Employment and Housing Act may require accommodation of individuals protected under the
Act and that. these accommodations must be determined on ail individual, case-by-case basis.
The Association recognizes that the City has the legal obligation to meet with the individual to
be accommodated before any adjustment is made in working conditions. The Association also
recognizes that individual employees have rights to privacy and confidentiality of medical
information that the City is required to protect.
Upon presentation to the City of a waiver and authorization to release medical information, in a
form approved by the City and signed by the individual seeking accommodation, the City agrees
. to meet wit11 the Association and provide the Association with an opportunity to discuss and
provide input and comment with respect to the proposed accommodation. The Association
agrees to keep information shared in such meetings confidential acid will not disclose such
information to any member. In the event of a breach of this confidentiality provision by the
Association, the Association agrees to defend, indemnify and hold harmless the City against any
subsequent lawsuit: or other claim, to the extent such lawsuit or claim is based upon such
disclosure of infornation.
In the event that the City and the Association are unable to agree with respect to the proposed
accommodation, the Association may resort to a court of competent jurisdiction for any relief to
which it believes it is entitled. However, until otherwise ordered by a court of competent
jurisdiction, the City may implement the proposed accommodation if the City and the
Memorandum of Understanding: Unit 6 31
Association are unable to reach agreement. The parties .expressly recognize and agree that: any
dispute arising from the interpretation or application of this' paragraph is not subject to the
arbitration/dispute resolution provisions of this agreement.
Any accommodation provided to an individual shall .not establish a past practice; nor shall it be
cited or used as evidenee• of a past practice. Insofar as any proposed aeeomrnodation would be in
direct conflict with any collectively bargained rights or rights subject to collective bargaining; if
any, that are .otherwise established in this agreement or by past practice, .nothing 'in this section
should be. construed as providing the City of Petaluma greater rights than are permitted by
applicable law.
Section 42. Layoffs
A. Notification
Employees to be laid off shall be given, whenever possible, at least fourteen (14) calendar
days prior notice.
B. Vacancy and Demotion
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 E'below is
dualified: All persons so demoted shall have their names placed. on the re-employment
list.
C. Employee Rights
An employee affected by layoff shall have the right to displace: an ~empl'oyee 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 S'ect'ion 4, seniority includes all periods of full-
time service at or above the classification level where the layoff is to occur.
D. 'Seniority
In order to retreat to a former or lower classification, an employee must have more
seniority than at least one of the incumbents in the retreat classification, be qualified to
hold the retreat classification or have served in the retreat. elassification prior. to the layoff;
and request displacement action in writing to the Personnel Officer within .five (5)
working days of receipt. of notice of layoff.
Employees within- eac11 category shall be laid off in .reverse order of seniority within. the
classification series. Seniority for the retreat classification would. be tle~ combination of
Memorandum of Understanding: Unit 6 32
time served at or above the layoff classification and any prior time served in the retreat
classification. Ties will be broken based on 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 classification unless they have previously successfully completed a
probationary period in the retreat classification or a higher classification in the series.
E. Employment Status
In each classification of position within the competitive service,' employees shall be laid
off according to employment status in the following order: temporary, provisional,
probationary, and regular.
Temporary, provisional and probationary employees shall be laid off according to the
needs of the service as determined by the appointing authority.
F. 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. Such list shall be used
by every appointing authority when a vacancy arises in the same or lower classification of
position before certification is made from an eligible list.
G. Duration of Re-Employment List
Names of persons laid off shall be carried on a re-employment list for two (2) years,
except that persons appointed, to regular positions of the same level as that at which laid
off, shall, upon such appointment, be dropped. from the list. Persons who refuse re-
employment shall be dropped from the list. Persons re-employed in a lower
classifieatioii, or on a temporary basis, shall be continued on the list. for the higher
position for two (2) years.
Employees in Public Safety classifications shall be subject to all regular medical and
psychological testing in order to determine fitness for duty.
Section 43. Committee on Tuition Reimbursement
The Association will participate in a City committee to be established during the contract term,
for the purpose of studying and discussing, for possible future implementation, aprogram to
Memorandum of Understanding: Unit G 33
provide for some form of Citywide educational enhancement/tuition reimbursement for City
employees that would benefit both the City and its employees.
Section 44. 1VIeet and Confer on Psyeholo~ical Fitness for Duty
The parties agree to meet and' confer in good faith during the contract term with. respect to several
concerns of the Association ..regarding the City's Psychglogcal Fitness for `Duty P.oTicy. No
obligation is imposed- on either party by this .provision, however,. beyond the obligation to meet
and confer in good faith in a sincere attempt to reach an understanding acceptable to both parties;
in the event of a .failure to reach agreement; the existing policy will continue in effect .during the
contract term
Section 45. Savings Clause
In the event that any part or provision. of this MOU should be found or deterrniried to be invalid,
illegal or void by a court of competent jurisdiction, the remaining parts or portions of the MOU
shall remain in full force and effect.
Memorandum. of Understanding: Unit 6 34
Revised July 13, 2000
The parties affix their signatures as constituting mutual acceptance and recommendation of this
Memorandum of Understanding to become effective November 2, 1998 following its adoption by
the City Council of the City of Petaluma.
PEACE FFICERS' AS OCIATION OF PETALUMA
~ I
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1~ oc~
Signature Date
l~=ice-~
Signature Date
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Signature Date
CITY OF PETALUMA "
Signa Date
Signature Date
Memorandum of Understanding: Unit 6 35
Revised July 13, 2000
City of Petaluma and Peace Officers' Association of Petaluma
Side Letter Regarding Retiree Medical -
The City .and the Peace Officers' Association of Petaluma shall ..meet and discuss ways for
medical retirement to be deducted from salary or be done at no cost to the. City.
The subcommittee shall commence meeting within ninety (90) days of .agreement, and shall
complete its evaluation within nine (9) months.
n
_
( `
Frederick C: Stouder John Williams
Chief Negotiator Chief Negotiator
-City of Petaluma Peace Officers' Association of Petaluma
Dated: July , 2000 Dated: July ~ ~ , 2000
Memorandum of Understanding: Unit 6 ~ 36
Revised July 13, 2000
City of Petaluma and Peace ®fl'icers' Association of Petaluma
Side better Regarding Exploring ®pportunities for the PPOA
to Participate in a 401A Plan
The City and the Peace Officers'' Association of Petaluma shall meet and discuss ways for the
Peace Officers' Association of Petaluma to participate in a 401A Plan at no cost to the City.
The subcommittee shall commence meeting within the subcommittee shall commence meeting
within ninety (90) days of agreement, and shall complete its evaluation within nine (9) months.
.i
Frederick C. Stouder John Wi~'liams
Chief Negotiator Chief Negotiator
City of Petaluma Peace Officers' Association of Petaluma
Dated: July , 2000 Dated: July ~Zj , 2000
Memorandum of Understanding: Unit 6 3'7
Revised July 13, 2000
City of Petaluma .and Peace Officers' Assoc°ation of Petaluma
Side- Letter Re~ardin~ Deferred Compensation
The City arid. the Peace .Officers' Association of Petaluma shall meet and discuss ways for the
Peace Officers' Association of 'Petaluma to ;participate in the PERS Deferred Compensation Plan
(457) at no cost to the City.
The subcomiriittee shall commence meeting within ninety (90) days of agreement, and shall
complete its evaluation within nine (9) months.
\
. ~ ~
t. ~ \
C~ _
Fre crick C. Stouder Jo ~ Williams
Chief Negotiator Chief Negotiator
City of Petaluma Peace Officers' Association of Petaluiria
Dated: July , 2000 Dated: July , 2000
Memorandum. of Understanding: Unit 6 ~ 38