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HomeMy WebLinkAboutResolution 00-127 N.C.S. 07/17/2000Resolution No. 00-127 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 PUBLIC SAFETY MID-MANAGEMENT ASSOCIATION FOR EMPLOYEES OF UNIT 10 WHEREAS, the City, through its duly authorized representatives, and the Public Safety Mid-Management 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 10, 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 Public Safety Mid- Management 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 10, 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 .........L7 .............. day of .......Jul.y......................................., 20QQ.., by the following vote: •••• •••• •••••••••••••••••••• C Atto AvES: Cader-Thompson, Hamilton, Healy, Keller, Maguire, Mayor Thompson, Vice Mayor Torliatt NOES: None ABSENT: None ATTEST: ....................... ... .. .... ...................... ...................... ............ ........................ City Clerk t~m C~ C~~ Mayor Council File ................................... Res. Nn........ ... N C S. ~~- ~.2,~ ............. ... CITY OF PETALUMA9 CALIFORNIA MEMORANDUM OF UNDERSTANDING UNIT 10 PUBLIC SAFETY MID-MANAGEMENT ASSOCIATION Fiscal Years 2000 - 2005 Memorandum of Understanding: Unit 10 ~s-.-~~1~=~rc~F~ c~~~~~rr~~~~r PREAMBLE GENERAL Section 1 Term of Agreement Section 2 City Representation Section 3 Association Recognition Section 4 Dues Deduction Section 5 Association.. Representatives Section 6 Access to Workplace Section 7 Use of City Facilities Section 8 Advance Notice Section 9 City Rights Section 10 Association Rights Section 11 Non-Discrimination COMPENSATION Section 12 Salary Section 13 Public Safety In Lieu Compensation Section 14 Compensation For Clothing Loss Section 15 Vacation, Payment of Section 16 Sick Leave, Payment of Section 17 Retiree Benefit, Payment of Section 18 Deferred Compensation Section 19 Holiday Pay Section 20 PERS Employer Paid Contribution Section'21 . Work During Local Emergencies Section 22 Uniform Allowance Section 23 Public Safety Education Incentive Section 24 Continuing Education/Training Section 25 Health/Dental Care Cash Back Section 26 Pay for Unused Administrative Leave Section 27 Bilingual .Pay Section 28 Merit Pay INSURANCE Section 29 Health Insurance Section 30 Dental Insurance Section 31 Life Insurance Section 32 Long-Term Disability Memorandum of Understanding: Unit l0 i1 ~1~_,~BL1~ Of~ CO'~'T~~SNT`~, c~~ntinucrl Section 33 Vision Insurance Section 34 Other Health and Welfare Payments T,F,AVF,~ Section 35 Vacation Section 36 Siclc Leave Section 37 Bereavement Leave Section 38 Holidays Section 39 Military Leave Section 40 Leave Of Absences Without Pay Section 41 Jury Leave Section 42 Administrative Leave OTHER Section 43 Retirement Section 44 Grievance Procedure Section 45 Romantic / Sexual.Relationship Policy Memorandum of Understanding: Unit 10 i1i ~ ei~~.a~L:r: -- This document represents the final and complete agreement between the City of Petaluma and PPSMMA. This document supersedes all prior Memoranda of Understanding. Representatives of the City and Unit 10 acknowledge that they have fulfilled their mutual and respective obligations to Meet and Confer under the Meyer-Milias-Brown Act. As a result, the parties have come to a mutual understanding, which the representatives of the City and Unit 10, who have approval of their members, agree to recommend for acceptance and approval to 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 become effective upon acceptance and approval of the City Council. Memorandum of Understanding: Unit ] 0 1 CF,NER;-~1_. Section 1. Term This compensation plan .shall be for a five (5) year term for the fiscal years July T 0, 2000 and continuing through June 30, 2005 following City Council acceptance. Section 2. City .Representation The City Manager of the City of Petaluma or any ,person or organization duly authorized by the City Manager, is the representative of the City of Petaluma hereinafter referred' to as the "City" in employer-employee relations. Section 3. Association Representation Subject to the statutory rights of self-representation under the Meyer-Milias-Brown Act, the Petaluma Public Safety Mid-Management Association, Unit 10, hereafter referred to as the "Association," is: the recognized employee organization for the positions listed in Section 12 of this Memorandum. Section 4. Dues Deduction Payroll deductions for membership dues s11a11 be granted by the City to the Association in accordance with the terms of this paragraph. The following procedures shall be observed in the withholding of employee earnings: A. Payroll deductions shall be for a specific amount and uniform as between employee members of the Association. Payroll deductions shall be' limited solely to membership dues. Dues deduction shall be made only upon the employee's written authorization on a payroll deduction form provided by the Association and approved by the City. B. Authorization, .cancellation, or modification of payroll deduction shall be made upon forms provided or approved by the City Manager. 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 Manager. Employees may authorize dues deductions only for the Association certified as the recognized representative of fhe 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 members terminates.' Memorandum of Understanding: Unit ]0 2 C. Amounts deducted and withheld by the City shall be transmitted to the officer designated . in writing by the Association as the person authorized to receive such funds at the address specified. D. The employee's earnings must be sufficient, after all other required deductions are made, 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. E. In addition, the Association shall refund to the City or the City to the Association, any amounts paid/received in error upon presentation of supporting evidence. Section 5. Association Representatives City employees who are official representatives or Unit 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 employee organization 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 job classification in the same department be allowed released time pursuant to this section at any given time. Section 6. Access to Workplace Reasonable access to employee work locations shall be granted 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. Representatives, if they are not City employees,. shall notify the City Human Resources Director or his/her designee prior to entering onto City premises for such purposes. Access shall be restricted so as not to interfere with the normal operation of the department or with established safety or security requirements. Section 7. Use of City Facilities The Association or their representatives may, with the prior approval of the City Human Resources Director, be granted the use of City facilities for meetings of the Association provided space is available and subject to City operational requirements. Use of these facilities shall be in accordance with City Resolutions and the Meyer Millias Brown Act. Memorandum of Understanding: Unit 10 3 Section 8. 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 arid practical time after the termination of the emergency situation. Section 9. City 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 10. Association Rights The City will not interfere with or discriminate in any way against any employee of his/her membership in the Association, or based upon any activity required orpermitted by this Agreement, nor will the City discourage membership in the Association nor encourage membership in any other Association. The Association, in turn, recognizes its responsibility as the employee representative and agrees to provide fair representation to eri~ployees on issues arising under this agreement without discrimination, interference, restraints or coercion. Section 11. Non-Discrimination 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 these accommodations must be determined on an 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. Tl1e Association also recognizes that individual employees have rights to privacy and. confidentiality of medical information. that the City is required to protect. If the City determines that, in order to accommodate a member of this Unit, it would be necessary to significantly alter the terms and conditions of employment of other members of the Bargaining Unit, the City agrees to :notify the Association prior to the implementation of ;any such accommodation. If the Association disagrees with the proposed accommodation it may, before the end of the third (3`d) business day following such notification, request to meet with the City to discuss the accommodation. Memorandum of Understanding: Unit 10 4 The Association understands. and agrees that, in agreeing to meet in such instances, the City may take those steps reasonably necessary in the circumstances to protect individual employee's rights to privacy and rights to confidentiality of medical information. The Association agrees that its representatives will keep information shared in such meetings confidential and will not disclose such information to any other member. 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 Association are unable to reach agreement. Any accommodation provided to an individual shall not establish a past practice, nor shall it be cited or used as evidence of a past practice. Memorandum of Understanding: Unit ] 0 $ COMP~EN~~~T1C)N Section 12. Salary 2000/2001: Commencing on July 10, 2000 and continuing through the end of the last pay period for 2000/2001, the hourly rates of Unit 10 employees shall be as follows: ~ 11 i 111 i i`. l~ ] ~-l e~ir ~lcrit 1~~~~ Police Captain $40.04 $42.04 $44.14 $46.35 $48.66 $51.10 Police: Lieutenant $34.45 $36.17 $.37.98 $3.9.88 $41:87 $43.96 *Fire Battalion Chief $26.66 $27.99 $29.39 $30.86 $32:4.1 $34.03 *Fire Marshal $37.43 $39.31 $41.27 $43.33 $45.50 $47.78 Police Records Supervisor $22.43 $23.55 $24.73 $25.96 $27:26 $28.62 Public Safety Dispatch Supervisor. $25.36 $26.62 $27.96 $29.35 $30.82 $32.36 • BC AT 2920 HOURS PER YEAR This reflects the same rate of -pay that existed in. FY 1'999/2000 for sworn employees and a three and one-half'percent (3.5%) increase for civilian employees. Memorandum of Understanding: Unit l0 6 2001/2002: Commencing on July 9; 200.1 and continuing- through; the end of the last pay period for 2001/2002; the-hourly rates of Unit 10 employees shall be as follows: I 1 Il l fl l ~ Y~, i ~' ~ l ~-~ catr l~lerit i'ay Police Captain $40.44 $42.46 $44.58 $46.81 $49.15 $51.61 Police Lieutenant $4.79 $36.53 $38.36. $40.28 .$42.29 $44:40 *Fire Battalion Chief $26.93 $28.27 $29.69 $31.17 $32.73 •$34.37 *Fire Ndarshal $37.8:1 $39.70 $41.68 $43.77 $45.96 $48.25 Police Records Supervisor $23.21 $24.37 $25.59 $26.87 $28.21 $29.62. Public Safety Dispatch Supervisor $26.24 $27.56 $28.93 $30.38 $31.90 $33.49 o BC AT 2920 HOURS PER YEAR This reflects a one percent (1%) increase in base wages for sworn employees and a three and one-half percent (3.5%) increase for civilian employees. Memorandum of Understanding:. Unit 10 7 2002/2003: Effective the first pay .period in. July 2002 and continuing :through-the end of the last pay period for 2002/2003, the hourly rates of Unit 10 employees shall b:e as follows: ~I i 1 ~-l'car ~~9 Grit 6 ll @ ll I~~ \ }'~~~~ Police Captain $4.1:.65 $-43.73 $'45.92 $48.21 $50.62 $53'....1:6 Police Lieutenant $;:5..84 ~ $37.63 $39;51 $4:1_.48 $4'3.5'6 $45.74 *~'ire Battalion. Chief $27.73' $29..1.2 $30:58 $32.11, $3.71 $35.40 *Fire Marshal $3'8.94. $40:8,9 ~ $42;93 $45..0,8 $47,.33 $49.70 Police Records Supervisor $24 02 $25.23 $26:.49 $27.8-1 $29.20 $3:0.66 Public Safety Dispatch Supervisor ~ $27..1.6 ~ $28.52 -$29.95 $3'1.44 $33:.02 $34.67 ® BC AT 2920 HOURS PER YEAR. This reflects a three percent. (3%) .increase in base wages for sworn employees and a three and one-half percent (3.5%) increase for civilian employees. Memorandum of'Understanding: Unit 10 2003/200"4: Effective the first. pay period- in July 2003 and continuing through the end of the last pay period for 200/2004, the hourly rates of Unit 10 employees shall be as follows: I ~~ ~ 1 ~-l catr !Merit ~ 1 ll llJ j ~~' ~ ~' ~ i'u~ Police Captain ,$43.-32 $45.48 $47.75 $50.14 $52.65 $55.28 Police Lieutenant $37.27 $39.13 $41.09 $43.14 $45.30 $47.57 *Fire Battalion Chief $2g.g4 $30.29 $31.80 $33..39 $35.06 $36:81 Fire Marshal $40.50 $42.53 $44.65 $46.88 $49.23 $51.69 Police records Supervisor $24.8:6 $26.11 $27.4.1- $28.78 $30:22 $3.1.73 Public Safety Dispatch Supervisor $28.11 $29.52 $30.99 $32.54 $34..17 $35.88 Note: BC AT 2920 HOURS PER YEAR This reflects a four percent (4%) increase in base wages for sworn employees and a three and one-half percent (3.5%) increase for civilian employees. Memorandum of Understanding: Unit 10 ~ 9 2004/2005: Effective the first pay period in July 2004 and .continuing through the end. of the last- pay period. for 2004/2005, the hourly rates of Unit- l 0. employees shall be as follows: 1~-1'car ~ ~~crit 1 9Y 111 11 , t' 1'a~~ Police Captain $45.:05 $47.3'0 $49.67 $52.15 $54:76 $57.49 Police Lieutenant $3.8.76 $40.70; ~ $42.73 $44.87 ..$47..11 $49.47 *Fire Battalion Chief $30,00 $~ 1.50 $33.07 $34.73 $36:46 $38.28 Fire Marshal $42.12 $44.23 $46..44 $48.76 $5.1;20 $53..76 Police Records Supei-visor $27.3..5 $28:72 $30..16 $31.66 $3°3:25 $34.91 Public Safety Dispatch Supervisor $29.94 $3.1..44 $33.0 $34.66 $3"6.39 $3821 Note: BC AT'2920 HOURS PER YEAR This reflects a four percent (4%) increase in base wages for sworn employees and a three and' one-half percent (3.5%) increase for civilian employees. Nlemoranduin of Undetstanding: Unit 10 1 ~ Section 13. Public Safety In Lieu Compensation Effective the begnling of -the first pay period in January 1999 the City shall pay four percent (4%) of the base pay rate,toward this Unit's salary as Special Management Compensation in lieu of any Special Pay. The parties agree that "Special Management Compensation" is payment for unit members "special skills,. knowledge, work assignments,. workdays or hours, or other work conditions, and is for services rendered during normal working hours." T11e parties intend that "Special Management Compensation" be included. in the unit member's "compensation earnable" for purposes of calculating. their retirement benefits. Section 14. Compensation For Clothing Loss The City Manager is authorized to provide compensation to City employees for loss or damage to their clothing that occurs during the course of carrying out an official duty. A request for compensation hereunder shall be submitted in writing, in detail, to the City Manager via the department head concerned. The amount of compensation, if any, shall be at the discretion of the City Manager Section 15. Vacation, Payment of A. Vacation, Payment at Termination Employees who terminate employment shall be paid in a lump stun for all accrued vacation leave earned prior to the effective date of termination. B. Vacation Bank Hours, Payment of Effective the beginning of the. pay period following approval by the City Council and the .Association, all existing vacation shall be banked and held in the Hiunan Resources Department. These amounts shall be paid to the employee in the amount of ten percent (10%) of the banked hours per year over a ten (LO) year period at the base rate of pay at the time of payment. Employees ..leaving City service-shall be paid the balance remaining at separation. This payment slial'1 be made on the first paycheck in the month of October. Example: If 1,0.00 hours. are banked, the City will pay .for one hundred (100) hours per year for ten (10) years until the bank is exhausted. Should a member use two hundred (200) of the banked hours, the remaining hours will continue to be paid out at one hundred (100) hours per year until exhausted. Memorandum of Understanding: Unit ] 0 11 Section 16. Sick Leave, Payment of at Retirement In the event of the death,, disability retirement, regardless ;of tirime in service; or regular retirement of an employee who, has' completed ten (10) or more years of :contiiYUOUS service with the City, the employee shall be paid. or shall receive to his/her benefit, fifty percent (50%;) of his/her accumulated but unused sick leave, not to exceed six hundred .(600) hours. Fire Battalion Chiefs who are assigned tq a fifty-six (56) hour workweek shall receive fifty percent (50%) of-the accumulated but unused sick leave to a maximum of one thousand (1,000) hours. An employee retiring on a regular service. retirement may elect. not to receive this benefit and iizstead place all or part. of accumulated sick leave hours into the PERS Siclc `Leave Conversion, Section 17. Retiree Benefit, Payment of A. An employee with twenty (20) years of service and w17o is age fifty (50) or older and 'who retirees on a service. or disability retirement during, the term of this agreement, will be eligible for a service benefit; in the amount edual to one hundred dollars: ($100:00) per month, -less the .amount contributed directly to the PEMCHA premium by the City. This payment will continue as long as the employee continues in the .PEMCHA plan a5 a retiree.. Should the retired employee not continue in the PEIvICHA plan; he/she will, be eligible for. an amount- of one hundred dollars ($1.00.00) 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 plarr and the City will. commence ,payment of the one hundred dollars ($100.00) per month at the begruiing of the month following the receipt of such notice. B. .For employees retiring after September 1, 2000 and wllo meet the service requirements listed in paragraph 1, above; those employees shall receive au additional' -fifty-six dollars. and. 83 cents ($56.83} per month as a retiree service benefit. Should'the retired employee not continue in the PEMCHA plan; that' retired employee will be eligible for ail amount of one hundred fifty-six dollars and 83 cents ($156.83'). as a direct payment as a retiree service benefit. It is the responsibility of the retiree to notify the City in writing that he/she ~.is not being covered by the PEMCHA plan and'the City will, commence payment of the one hundred fifty-six. dollars and 83 cents ($:156..83) at the beginning of the month following the month following the receipt such notice. Section 18. Deferred Compensation The City of Petaluma s11a11 malee available to the members of this Association; the City' Deferred Compensation Plan. Memorandum of Understanding: Unit 10 12 Section 19.. Holiday Pay Tl1e City shall pay Battalion C1liefs and Police Lieuterianfs assigned to Patrol for all holidays as listed in Section 3'8A & B in the month of Decenber in lieu of giving time off. Holiday pay shall be calculated as follows: Fifty-six (S6) hour employee =regular rate x Twelve (12) hours x number of holidays Forty (40) hour employee =regular rate x Eiglit (8) hours x number of holidays Police Captains and Police Lieutenants shall be paid for all holidays in the month of December of each year of the contract, based on an eight (8) hour base hourly rate holiday. In the event a Police Captain or Police Lieutenant wishes to take a holiday off, he or she may, with the approval of the Chief of Police, submit a request for such time off and shall deduct the day taken from either vacation, administrative leave, or floating holiday, as appropriate and based on their current workday, from the payroll period in which the .leave is taken. For members of this Unit, excluding Battalion Chiefs working the fifty-six (56) hour workweek, if the Floating Holiday is not taken during the fiscal year, the City will pay for the value of that holiday. The appropriate hours, eight (8) or ten (10), will be determined by the hours per day being worked at the-time of the Floating Holiday. For members of'this Unit, excluding Battalion Chiefs,. if the Floating Holiday is not taken within the fiscal year ending June 30th, the City will pay the employee for t11at day. Section. 20. PERS Employer Paid Contribution The percentage of each employee's. PERS contribution previously paid by the City prior to the adoption of the 1994-95 Compensation Plan as the Employer Payment. of Member Contribution (EMPC) shall instead be paid to the employee w11o shall then pay that. amount to PERS. For purposes of withholding, the City shall.. defer that portion of the employee's contribution ,paid to PERS through Section 414(h)(2) of the .Infernal Revenue Code pursuant to City of Petaluma Resolution 90-363 N.C.S: Therefore, for calculation of base salary at retirement, the employee s11a11 now have an increased base. salary that will include the, total amount of the. employee's. contribution to PERS previously paid as EMPC. The employee's contribution will be withheld .from the employee's pay by tl?e City, and the City will make the employee's payment of'the employee contribution directly to PERS on behalf of the employee. The employee may not malee an election to take this amount in .salary and/or to make the payment to PERS. The tax exemption does not apply to' FICA/Social Security. The following is an example of the application of IRC 414(h)(2) as applied to a miscellaneous employee. An employee makes one thousand dollars ($1,000) per month base salary. Under the prior contract the employee was not responsible for paying the required seven percent (7%) employee contribution. The City was responsible for paying. seven percent (7%) ($70.00), which was a City responsibility in addition to the one thousand dollars ($1,000)-base salary. Memorandum of Understanding: Unit 10 13 Under the 414(11)(2) method, t11e EMPC willrevert to salary and the employee's base salary will now be one thousand seventy dollars:. ($1,070): Of this,.. seven percent (7%), approximately seventy-five dollars ($75.00) will be paid to PERS from the one thousand seventy dollars• ($.1,070). The full.. seven percent (7%) will be tax exempt and this means the employee will pay taxes on nine hundred ninety-five dollars ($995.00). Section 2-1. WorkDuring a Local Emer.~ency Members of this Association who are reduced to work when called to an activated EOC Local Emergency shall be paid at their regular .hourly rate for all :hours beyond their normal workday. Section 22.: iJniform Allowance The Classifications of. Fire .Battalion Chief. and. Fire Marshal shall receive ,as a uniform allowance one and. one-half percent (1.5%) of the top step Firefighter''s annual. salary effective October lst of each year of this Memorandum of Understanding. Police Lieutenants, and Captains shall receive one and' one-half percent. (1.5%) of the top step Police Officer's annual salary effective October 1st of each year of this Memorandum of Understanding as the uniform allowance. Uniform Allowance shall be paid in..December. Section 23. Public. Safety Education. Incentive Police Lieutenants aild Captains; upon providing to the Personnel Office 'the P:O:S:T. Management Certif sate shall be eligible to receive an educational :incentive in the -amount .of three hundred dollars ($300.00) per month Battalioni_ Chiefs' and Fire. Marshals, upon providing to the Human :Resources Department the Chief Officer Certification, shal.l:`be eligible to receive an education incentive in the• amount of one hundred fifty .dollars ($1SQ.00) per .month. Those Battalion Chiefs w11o currently are receiving an educational. incentive for a B:A: shall continue to receive that oiie hundred fifty dollars. ($150.00) per .month and not be eligible .for the Chief Officer .Certificate incentive: No future payment for :a $:A. will be permitted for any member of this Unit. Asa ,condition of employment,. current Fire Management will„ obtain the Chief Officer .Certificate within three (3) years of appointment. New B'attaIioii Chiefs will be renuired to obtain their Chief Officer Certificate within tw' o (2) years of appointment:. Memorandum: of Understanding: Unit 10 14 Section 24. Continuing EducationLT,rainn~ Members of this Unit shall commit to attending two (2) management relation classes/training seminars per year in order to continue their management' skills development. Section 25. Health/I)ental Care Cash Back An eligible employee may request, cancellation of the employee's City paid medical and/or dental insurance coverage under Section 125 of the IRS Tax Codes upon presentation to the City of satisfactory proof that he/she has medical and/or dental insurance coverage from another source.. Such a request may be made during the open enrollment for PEMCHA medical elections, but will be in all cases subject to the terms and conditions and cancellation requirements of the particular plan. When the employee has demonstrated such coverage to the City's satisfaction, the City will :request cancellation of the employee's medical and/or dental coverage, subject to the teens and conditions: of the particular policy. Upon actual cancellation 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 amount equal to fifty percent (SO%) 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 Health Plan of the Redwoods 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 HPR cost; then the lower figure shall be used. In the event coverage is canceled only for the employee's spouse or dependent children, the reimbursement will be fifty percent (50%) of the cost difference between the old and new levels of coverage (as calculated using the HPR plan). 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. 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 26: Pay for Unused Administrative Leave The City shall pay off any unused administrative leave as of June 30th to a maximum of forty (40) hours. For a Battalion Chief on a fifty-six (56) hour worlcweelc, the maximum shall read forty-eight (48) Memorandum of Understanding: Unit 10 15 hours. Payment shall be at the employee`'s base pay rate as of June• 30"', This payment shall be made on the last pay period. for the fiscal year. Section 27: Bilingual Pay (Spanish) Effective July 1.0, 20.00, qualified bilingual employees subject to this Memorandum of Understanding will receive bilingual pay of two hundred dollars ($200.00) per month. By.mutual agreemenf, bilingual employees (sworn and civilian) subject to this Iv10U who historically have been called upon to utilize bilingual skills (Police Records Supervisor) will be recognized as .fluent and n_ of be reduired to participate in certification testing. The City may suspend bilingual pay when any of the fohowing occurs: 1. Termination of'employment; 2. 'Release from, einployinent. 3. Bilingual skills are determined by the department head to be iio longer required. 4. Tlie employee. is placed on or exceeds thirty (3Q)' days extended leave, 5. An employee is unable to meet. the needs of the department. as a bilingual employee as determined by the department head or his/her designee. Testing:. Members of this Unit sand the City of Petaluma agree to the :testing provisions as outlined by t11e Human Resources Director's memo of April 8,,19.98. Section 28: 1Vlerit.Pay Effective July 1.0, '2000, in recognition of the prior .service and contributions of Unit 10 Members who have completed a total of 1.5 years of service within. the .Police or Fire: service ,of the. City of Petaluma or in combination. with full-time regular service with other public safety agencies and the City of -Petaluma; may be elig!bl'e for Merit Pay and may be credited with full-time regular public safety service -prior to the City of Petaluma to a maximum of seven and one-half (7.5) years with the other. agency. The Police C11ef or .Fire Chief nay recommend to the City Manager that such rneinber be provided merit pay as shown.in Section 12. A Unit Member will be eligible for the -merit :pay based upon his or .her most ..recent performance evaluation, which musf rate the Unit Member's performance as satisfactory or above overall. A Unit 1Vhember'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 merit increase; The City shall ensure that each eligible Uilit Member receives a timely yearly performance evaluation; and if not; the Unit Member will receive the merit pay for°t11at year automatically; Memorandum of Understanding; Unit 10 16 This program will,. take effect July 10, 2000 with. each Unit Member with the minimum years of service first becoming eligible immediately based on the previous annual evaluation. The merit increase applies to all members of the Uiiit, including, but not limited to, sworn personnel. 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 and/or the Fire Chief. Memorandum of Understanding: Unit ] 0 1'] ----- -- !V~1T]tA NEE ~, Section 29. jl•Iealth Insurance A. ACTIVE Employees. The .City shall participate in the Public -Employees' Medical Health, Care Act (PEMCHA) for members and eligible dependents of ,the Association of Unit 10. The designated premium .paid by the City toward this program shall be in the amount of one hundred dollars ($100:00) per month per employee. B. RETIRED Employees. Employees. who retire from the City of Petaluma will :receive contr-ibutons to their medical premium while under the. PEMCHA plan. This :payment will increase in the amount of five dollars; ($5.0,0) per year until it reached. the amount of one `hundred dollars ($100.00) as listed in paragraph 1 above. Section 30. Dental Program The City shall provide for a group self-.funded .Delta. Dental Program Plan eouerage indicated on provider contract documents on file in the Human Resources. Department ;for City- employee and dependents in this Association. .Additionally, .t11e City shall contribute toward an orthodontia plan one thousand :dollars .($1,00.0) per child at a fifty percent (50 %) eo-payment rate. The City shall pay,. during the period of this compensation plan, the full premium toward the City ,group dental insurance coverage program. Section 31. Life Insurance A. The City shall provide for a group term life insurance program for City erriployees in this Association. The City shall pay, during the course of the Compensation Pl:an, the insurance premium towards employee only coverage .for such insurance in the principle sum of fifty thousand dollars ($50;000) per employee, additionally:' B: The City :shall .provide for a,-group 1Vlanagement Life insurance program for City employees in this Unit.. Insurance shall be in the amount of one and one-half (.1-1;/2) times. the employee's annual salary rounded to the nearest even dollar, not to exceed one hluidred twenty-five thousand dollars ($125,000.). Section'32. Long-Term Disability The City shall provide along-term disability plan. Plan coverage iS indicated on provider contract documents on file in the Human Resources Department. The City shall. pay the premium. Memorandum of Understanding: Unit 10 1 g :Section 33. 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 the Human Resources Department. Section 34. Other Health and Welfare.Payments The City shall provide to the active members of the Association additional monthly health and welfare payments equal the PEMCHA Health Plan of the Redwoods premium amounts, less one hundred dollars ($100.00). Memorandum of Understanding: Unit l0 19 I . E~:1 Vf' ti Section 35. Vacation A. Amounts: All regular employees o~ the City of Petaluma, after wonting one (T) full .year are entitled to, the equivalent of eighty (80) hours of vacation with .pay in the year following the year in which vacation is earned. All regular employees of the City of Petaluma, after five (5) years of continuous service with the City,; and beg'nring with the sixth. (6`~') 'year, shall be entitled to the equivalent of one .hundred twenty (120) hours of vacation per year. After teri (T0) years of continuous service with the City, eight (8) hours of vacation shall, be added for each year of continuous service to a maximum of`two hundred (200) hours _of vacation. B. Scheduling.. The times during 'a calendar year in which an employee may talce° hslher vacation shall be determined by the department head. wit11 due respect .for- the wishes of the employee and particular regard. for the needs of the service. If the requirements of the: service are such that an employee cailriot take part or aII of his/her amlual vacation in a particular calendar year, such vacation. shall be taken during, the. follow. ing calendar year. C. Banked .Hours.. Hours that are'baiilced under section "Vacation, Payment of may be used upon submittal of a memo to the Human. Resources Department for. vacation purposes. These hours shall be deducted from the existing bank. D. Vacation .Adjustment. Employees who are granted time off for scheduled holidays shall not have such 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 sliall not be eligible for this adjustment in their vacation. E. Fire Battalion Chiefs' Vacation .shall. be computed as follows: Elmouut of C'~intinuou~ Scr~ icc ~ ~~~icaiion After completion oftwelve X12) months ~ Five ~~) shifts/year After completion of~fiwe (5) years Seven (7) shifts/year After .completion ~of ten (10) years Nine (9) shifts/year After completion of fi'fteez (1'S) years Ten (10) shifts%year After completion of twenty (20) years Eleven (.1.1) shifts/year Memorandum of Understanding: Unit.l0 20 F. Accrual Limits. Vacation accruals shall be capped at three (3) times the amount listed in paragraphs A and E above. Section 36. Sick Leave A. General. Siclc leave with pay shall be granted to all probationary and regular employees within the competitive service. 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 and actual personal noi7-service-connected sickness or .off-the job injury; ,disability or the serious illness or injury of an employee's family members, which requires the employee's attention. The term "family member" shall include: spouse, children, :parents, spouse's parents, brothers, sisters or other individuals whose relationship to the employee is that of a dependent or near dependent. B. Accrual. Sick leave shall accrue. to all full-time employees at the rate of eight hours for each month of continuous service, with the exception of Fire Battalion Chiefs, who shall accrue at 12.0 hours per month. C. .Voluntary Leave Plan. Accruals under the Voluntary Leave Plan shall be prorated to the work week equivalent hours. D. Utilization. For Fire Battalion Chiefs, sick leave shall be utilized at the rate of twelve (12) hours per shift absent. E. Notification Procedures. In order to xeceive compensation while absent on sick leave, the employee shall notify his/her immediate superior or the Human Resources Department prior to or within four (4) hours after the time set for beginning his/her daily duties as may be specified by the head ofhis/her department. When absence is for more than three (3) days/shifts duration, the employee may be required to file a physician's certificate with the Human Resources Department stating the cause of the absence. F. Relationship To Workers' Compensation. Benefits shall be payable in situations where :miscellaneous employee absence is due to industrial injury as provided in California State 'Workers' Compensation Law: During the first three (3) workdays when the employee's absence has been occasioned by injury suffered during his/her employment and he/she receives workers' ;compensation, he/she- shall receive full pay. Following this period sick leave may be a supplement to the workers' compensation benefit provided the employee. Compensation is at his/her regular rafe for a period not to exceed six (6) months or until such sick leave is exhausted or the disability is abrogated, or that employee is certified "permanent and stationary" by a competent medical. authority. The City shall pay him/her the regular salary, based on the combination of the workers' compensation benefit plus siclc:leave. Memorandum of Understanding: Unit ]0 21 All employees receiving, full salaries in lieu of temporary disability payments pursuant. to Section- 4850 of the Labor Code -are entitled to aceumiilate .sick lease during such periods of sick leave. Sick leave for industrial injury shall not be allowed :for a disability resulting from. ;sickness; self-inflicted injury or willful misconduct:. The 'City may retire any employee prior to the exhaustion of accumulated sick leave, at which time all accrued buf'unused sick leave shall be abrogated,. subject only to the Tim_ itations provided under this .Memorandum. of Understanding (reference Section.l6. Siclc Leave; Payment of). G. Sick Leave Transfer Policy. Employees wishing to donate liours~ of sick-.leave to another employee may do so by sending. a written reduest, approved by their department, head; to 'the Human Resources Department, rialning the individual to receive the: sick -leave and ;the amount donated,. with. the following restrictions:. 1. Employees who wish to transfer .sick, leave must retain a mirirnurn of one hundred sixty (150) hours of sick leave to be eligible to transfer sick, leave. . 2. All such transfers of sick leave are irrevocable. ~. The employee receiving the sick. Leave transfer ..must have zero (0) hours of accrued sick- leave, vacation and GTA .left on 'the books. 4. Employees may not buy or -sell sick leave: Only the time maybe transferred. 5. Employees may ngt transfer sick leave. upon eparaton of service. 6. Sick leave transfer shall .only be allowed between Units 8, 9 and Unit 10. However; sick leave by members of Unit 10 may be transferred to members 'of other non management Units. 7. No more than ninety (90) workdays of sick leave i~nay be received by an employee for any one illness or'injury. 8. Any sick leave transferred but:not utilized by the person to whom it is transferred shall be returned. to the donor in the event of-the death of the employee. receiving the transferred leave. Section 37. Bereavement Leave A. Police Personnel. 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 employee's spouse; domestic partner' as registered with the City Clerk's Office, mother; step-mother, mother,in-law, father; step-father, father-in-law, brother, sister, child, including. an adopted child,. grandchild, grandparent, ,and spouse's grandparents,. or other individual whose relationship to the employee `is that of a legal dependent. B. 'Fire Personnel. In the event of the death of an employee's spouse, domestic partner as registered with-the City Clerk's Office., .mother;, step-mother,, mother-in-law, .father, step-father; father-in-law, brother, sister; child, ;including asp adopted. child, grandchild, grandparent, or spouse's grandparents, an employee. who attends the funeral shall be granted. time off'work with Memorandum of Understanding: Unit l0 22 pay. The amount of time off work with pay shall be only that which is required to attend the funeral and nlalce necessary funeral arrangements, but in no event shall it exceed three (3) working days. These three (3) days shall not be chargeable to sick leave. An additional two (2) days`.required for necessary funeral arrangements may be charged to the employee's. sick leave .and any additional time beyond these two (2) days may be charged to accumulated vacation or leave without pay. C. Accrual. Such bereavement leave shall not be accruable from fiscal year to fiscal year, nor shall it have any monetary value ifunused. Section 38. Holidays A. Fixed Holidays. The City shall observe twelve (12) fixed-date holidays. These holidays shall be established for the City's fiscal year as determined by City Council resolution. The holidays for the period covered by this Memorandum of Understanding include the following: Independence Day Labor Day Columbus Day Veterans' Day Thanksgiving Day Day after Thanksgiving Christmas Eve Day Christmas Day New Year's Day Martin Luther King Day :Presidents' Day Memorial Day B. .Floating Holiday. During the period of this compensation plan, the City will authorize one (1) "Floating Holiday" per employee excluding Fire Battalion Chiefs, which may be taken by the .employee at a time selected by the employee, subject to operational requirements and approval determined by the City. Employees hired between July I and December 31 will be eligible for a Floating Holiday during the course of the fiscal year. For Fire Battalion Chiefs working the fifty-six (56) hour worlcweelc schedule, a fixed holiday shall be provided under: Lincoln's Birthday C. Voluntary Leave Plan. Holidays taken during the Voluntary Leave Plan shall be prorated to the workweek equivalent flours. Employees on a voluntary leave for a fixed period will not be paid for any holidays falling within the fixed leave period. Memorandum of Understanding: Unit 10 23 Section 39. Military Leave Military leave shall be arranged in accordance with 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 40. Leave of Absence Without Pay A. The City Manager may grant a regular or probationary employee,-leave of absence without pay pursuant to State and Federal -Law, good cause being shown by a written request., The City Manager may extend' such .leave of absence without pay or seniority or benefits for an additional period. not. to exceed six (6) months. No such leave shall be granted except upon written request ofahe 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 ahe position held at the time leave was granted. Failure .on the part of an employee on .leave to report prornp"tly at its expiration or within a reasonable time after notice to return to duty, shall be cause for discharge. B. Employees may reduce their workweek upon :approval of their department .head and the City Manager under the Voluntary Leave Without Pay Plait, not to exceed twenty ;percent (20%) of their annual work schedule. Medical premiums will continue to `be paid by the City and employee as if working a full schedule. Section 41.. 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 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 by liin/her; except travel pay for such duty. This. compensation shall not extend beyond twenty'(20) working days.. Section 42. Admnistratve.Leave 1Vlembers of t11s Association are eligible :for admnistratve leave. Days nay be granted by the City Manager upon written request, not to exceed eighty (80) hours per fiscal, year., Battalion Chiefs shall `be granted ninety=six (96) hours. of administrative leave at. twenty-four (24) hours per day. Memorandum of Understanding:' Unit ] 0 24 (>'G~F~1~:1: Section 43. Retirement A. General. The City of Petaluma's retirement plan under the Public Employee's Retirement System (PERS) shall. consist of the following items: Miscellaneous Employees: • 2% @ 55 • 1959 Survivors Benefit Level I (Sections 21380 through 23187) • One Year Final Compensation (Section 20024.2) • Military Service Credit as Public Service at employee option/cost (Section 20930.3) • Credit for Unused Sick Leave (Section 20862.8) B. Public Safety. Public Safety Employees (Fire): • 2% @ 50 • 1959 Survivors Benefit Leve14 (Section 21382,5) • One Year Final Compensation (Section 20024.2) • Post Survivors Retirement Allowance (Section 2:1263 I and 21263.3) • Military Service Credit as Public Service (Section 20930.3) • Credit for Unused Siclc Leave (Section 20862. 8) Public Safety Employees (Police): • 2%°@50 • 1959 Survivors Benefit Leve14 (Section 21382.5_) • One Year Final .Compensation (Section 20024.2) • Military Service Credit as Public Service (Section 20930.3) • Credit for Unused Si:clc Leave. (Section 20862.8) Effective the beginning of the last pay period- of June 2001, the City will implement the three percent (3%) @ fifty (50) PERS Retirement Plan. The Employer's .(City's) share of the PERS contribution s11a11 be "capped" at twenty percent (20%). In the event that the employer contribution exceeds twenty percent (20%) in any year, the value of the wage increase conferred to Unit 10 employees shall be reduced by one-half (1!2) of the amount of the employer contribution exceeding ;twenty percent (20%), up to a maximum of the scheduled wage increase for t11at year. (For example, if the employer 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%). This is contingent on the Peace Officers Association of Petaluma. and the International Fire Fighters Memorandum of Understanding: Unit 10 25 Association, Local 1415, approving: their Memorandums ,ofUnder-standing as it applies to Sworn Police and Fire Service personnel.and PERS Regulations. Section 44. Grievance Procedure A. Purpose of Rule To promote improved employer-employee relations by 'establish'ing grievance procedures on matters for which appeal or hearing is not provided by other-regulations. 2. To afford employees individually or through, qualified employee organization systematic means of obtaining further consideration of problems after every reasonable effort has 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. 1Vlatters Subject To Grievance Procedure. Any employee in the ,competitive service shall.. have the right to appeal under, this rule a decision affecting. lis/her employment over which his/her appointing power has partial or complete jurisdiction and for which appeal is not provided by other regulations or is iiotprohibited. C. Informal Grievance Procedure. An employee; who has a problem or complaint should. first. try to get it settled through discussion with his/her immediate supervisor without undue delay. If, after this .discussion, he/sle does not believe the problem has been satisfactorily resolved, he/she shall -have the right to discuss it with his/ler 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 t11e .decision or within a total of fifteen (15) calendar days if no decision is rendered; will constitute a dropping of `the appeal. D. Formal Grievance Procedure. '(Levels of review through chain of command) First Level., The appeal s11a11 be presented: 1 writing; to the employee's immediate supervisor who shall 'render his/her "decision and comments in writing. a11d return them to the employee within five (5) calendar days- after receiving the appeal. If the employee does not agree wit11 his/her supervisor's decision, or if no answer has been received within five (5) calendar days, the. employee'maypresent the appeal in wrfirig to hisXlier supervisor's inunedate superior: Failure of the employee to take further action within. five. (5) calendar days after .receipt of tl7e written decision. of his/her supervisor, or within Memorandum of Understanding: Unit ] 0 26 a total of fifteen (15) calendar days if no deesioir is rendered, will constitute a dropping of the appeal. 2. .Further level or levels of review as appropriate.. The supervisor receiving the appeal shall review it, render his/her decision and comments in writing, and return t11em to t11e 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 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. 3. Department Review. The department. head receiving the appeal, or his/her designated representative, should discuss the grievance with the employee, his/her representative, if any, and with other appropriate person(s). The department head shall render his/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/size 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 ofthe decision or within. a total of fifteen (15) calendar days ifno decision is rendered, will constitute a dropping of the appeal. 4. City Manager. The City Manager receiving the appeal, or his/her designated representative, should discuss the grievance with the employee, his/her representative, if any, and with other appropriate person(s). The City Manager may designate afact-finding committee, officer not in the normal line of supervisor, or the Personnel Board to advise him concerning t17e appeal. The City Manager shall render a decision in writing to the employee within twenty (20) calendar days after receiving the appeal. 5. Conduct of Grievance Procedure. 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/her own choosing in preparing and presenting his/her appeal at any level of review. c. The employee and. his/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. Memorandum. of Understanding: Unit 10 27 Section 45. RomantieJ Sexual Relationship PURPOSE To establish -policy to prevent a conflict to interest or adverse impact on supervision,. productivity; safety; or security when supervisors, managers, and.. co-workers engage in romantic / sexual :relationshps. SCOPE 1. .This policy addresses romantic atld/or sexual relationships between. supervisors/managers and employees where the supervisor/manager may evaluate the employee's work performance, provide recommendations for merit increases, determine job assigmnents, -provide promotional opportunities; issue discipline or provide .development or economic opportunities such- as training or overtime. 2. This policy addresses romantic .and/or sexual relationships between any two employees where it creates an adverse-effect bn productivity,, safety, or security or involves a conflict of interest. PROCEDURES 1. Supervisors and Managers Romantic and/or sexual .relationships are not allowed between asupervisor/manager and employee while the employee. is subject to the supervisor's/manager' influence. The Appointing. Authority (e.g., department 17ead) is responsible for taking appropriate action in these situations when they occur. a. Should asupervisor/manager develop a romantic or sexual relationship with an employee under hisZlier influence, it is the. supervisor's/manager's responsibility to inform the department head of the relationship. b. Where possible, the departmetlt head shall transfer t11e .manager/supervisor from the position of influence over the .other party to the relationship. If this, is not .feasible, other appropriate arrangerrients will be made. c. One -.party to a relationship will not. be placed under the influence of the other party to the .relationship. 2. Coworkers When a romantic and/or sexual relationship between co-workers creates an adverse effect on productivity; safety, or security, or involves an identifiable conflict. of interest that may detrimentally impact operations, the department head has the. responsibility to correcf the adverse Memorandum of Understanding: Unit 10 28 effects and has the right to transfer one or both parties to different work Units in the same department, or to reconunend to the City Manager transfer of one or both parties to positions in other City departments. RESPONSIBILITY Each manager and supervisor is responsible for implementing this policy within his or her area of responsibility. Memorandum of Understanding: Unit ]0 29 POSTSCRIPT The parties affix their signatures as constituting mutual, acceptance and ,:recommendation of the Memorandum of Understanding to become effective Iuly 1, 1997 upon acceptance and approval of the City Council. PETALUMA PUBLIC SAFETY MIDIVIANAGEMENT ASSOCIATION l/ ~~ '-Signature Signature ~~ ~,~~ Date CITY OF PETALUMA ignature ~/~ Da e Memorandum of Understanding: Unit l0 ~ ~~ TRUST AGREEMENT UNIT 10 JUNE' 4, 1997 STATEMENT OF PURPOSE/PREAMBLE • Because the City of Petaluma and the Petaluma Public Safety Mid-Management Association are committed to improving their current and future relationship, • And because the City of Petaluma and ;the Petaluma Public Safety Mid-Management Association acknowledge and recognize the existence of a continuing partnership between them, • And because the individual successes of the City of Petaluma itself, the Petaluma Public Safety Mid- Management Association and its members are a direct consequence of the mutual success of the City of Petaluma and the Petaluma Public Safety Mid-Management Association • And because both parties acknowledge and recognize the importance of communication with each other and the importance of communication in any successful relationship, the City of Petaluma and the Petaluma Public Safety Mid-Management Association hereby establish the following Trust Agreement. COMMITMENT TO PRINCIPLES • The Petaluma Public Safety Mid-Management Association and the City of Petaluma agree to the utilization of the interest approach to decision malting and negotiation for the purposes of resolving differences, negotiating terms and conditions of employment, and in other situations requiring that a decision be reached between the parties to this Trust Agreement. • The Petaluma Public Safety Mid-Management Association and the City of Petaluma commit to making earnest efforts to reduce surprises and build understanding in the relationship by.agreeng, to the fullest extent possible, we will describe our unilateral actions to one another before taping action, check with each other before making unilateral decisions we have the-right to make, and engage in an active listening process when receiving such communication. • We acknowledge- and accept one another as partners in the decision-malting relationship regarding the terms and conditions of employment and in regards to the relationship between the Petaluma Public Safety Mid-Management Association and the City of Petaluma. • In order to build and sustain trust, the Petaluma Public Safety Mid-Management Association and the City of Petalurria commit to living within the agreements we have reached and not judge the 1Vlemoranduln of Understandinb: Unit 10 31 trustworthiness of the other party without first .seeking an explanation and understanding ofbeliavior that appears otherwise. • The Petaluma Public Safety Mid-Management Association and the City of Petaluma agree to forgo. reliance upon "power" as .a decision malting tool while acltnowl~edgng the mutuality of power forging the relationship. We agree to acknowledge .and identify the .presence of emotion in ally situation, !and while working to deal with such emotion, will not rely upon it as the basis of our decisions in the relationship. The Petaluma Public Safety Mid-Management Association. and the City of .Petaluma :recognize and commit to the identification. of issues and problems arising in this relationship before starting to work on resolving .such issues... Such identification wi'11 attempt to separate substance from process and relationship issues. MONITORING,AND EVAI,'UATION • It is our intent to monitor the j',ob descripfions aild comparable cities. relative to Petaluma for. possible major changes in duties and management .responsibilities. In the event such, clarige occurs in Petaluma or comparable cities; we'will meet and' discuss ramifications. regarding, compensation. • Should the City or PPSMMA feel the need to modify current work hour/week practices, we will. meet and discuss all related issues. • In appreciation of the valued relatioship established between the City' Wand PPSMMA, we will. meet on a tri-annual basis, October,, February, June or as needed to review theagreement/relationship and to review successes,, what. is or is not working, ,and what :changes are needed.. • The City and PPSMMA agree: that ongoing management training i essential. We -will seek opportunities wi'thiri and outside the context of the City training budget 'to ,maintain and improve management skills. a The City and PPSMMA ::recognize, that .some benefit .components cross Unit. dines. It is understood that said benefits-may be unilaterally applied to some members of PPSMMA. • The City and PPSMMA recognize that personnel transition is inevitable. Both parties commit to addressing and designing .an appropriate transition process so t11at `institutionalizing is not put in jeopardy by normal and organizational transition that. occurs. ® The City and PPSMMA recognize that members of PPSIvIMA have obligations and responsibilities. which.. transcend. individual .and Unit interests and that PPSMMA members hold the: community interests paramount. Memorandum of Understanding: Unit 10 32 • To assure ongoing process, conscientiousness Nand. capacity, the City and PPSMMA will designate representatives whollave had IBN training. Representatives are responsible for maintaining ongoing communications, e.g., tri-annual meetings. ® The City and PPSMMA will use the IBN process and meeting opportunities when .needed to interpret the contract provisions and to air issues which might become grievances prior to, and without prejudice, the initiation of the formal grievance process. • In the case of an extraordinary event that significantly impacts the City, PPSMMA, or the community, we agree to meet and discuss the ramifications with regard to our mutual interests. • City and PPSMMA will maintain an ongoing agenda of issues arising in the relationship. Issues will be dealt with in context of informal meetings or formal tri-annual meetings or contract negotiation. The Appendix of Current Issues is attached. • The City and PPSMMA agree that, by mutual conseizt, the operational commitments listed above can be expanded/modified. PETALUMA PUBLIC SAFETY 1VIIDMANAGEMENT ASSOCIATION l ~- Canatnre CITY O)F' PETALUMA ignature Zd~-r~ Date Memorandum of Understanding: Unit l 0 33 Signature L/% /~J~ Date City of Petaluma and Petaluma Public Safety 1VIi'd`-1Vlranagement Association Side Letter'Re~arding Retirement Enhancement (Section 43) In the event, circumstances beyond. the control, of the Ct3~ of Petaluma or the. Petalurna:Public Safety Mid-Management Association prevents the implementation of the, 3 % at 50 PERS formula for public safety-members of this Cult by the end of'the' first year of this .contract (June 30, 2001),. the .City agrees to reopen the Salary portion of the contract for further negotiations. In the event. that the City is eligible to provide the 3% at 5:0 .PERS formu_ la to the public safety members of this bargaining unit at a later date, the Association agrees to reopel.negotiations with the City to reduce the salary level accordingly. CITY OF PETALUIVIA % gnature Dated: July ~ ~ , 2000 PETALUMA PUBLIC SAFETY lYIIV-lYIANAGEMENT ASSOCIATION Signature ,Signature Dater July ~ ~ ,2000 Memorandum of Understanding: Unit l0 34