HomeMy WebLinkAboutStaff Report 12/17/2001CITY OF PETALUMA, CALIFORNIA
AGENDA BILL
Agenda Title: Resolution Approving Agreement for Employment
Meeting Date:
of the City Manage and Authorizing the Mayor to Execute Said
December 17, 2001
Agreement
Department:
Director:
Contact Person:
Phone Number:
City Attorney
Richard Rudnansky
Richard Rudnansky
778-4362
Cost of Proposal: City Manager base annual salary to be
Account Number:
$153,692.00.
Name of Fund:
Amount Budgeted:
Attachments to Agenda Packet Item:
1. Resolution Approving Agreement for Employment of the City Manager and Authorizing the Mayor to
Execute Said Agreement.
2. City Manager Employment Agreement.
3. City Manager Salary Survey,
Summary Statement:
The proposed resolution approves the City Manager Employment Agreement and authorizes the Mayor to
execute said agreement. The contract provides for a base annual salary of $153,692.00 determined to be
the median salary of city managers in the area (see attached survey). The agreement has effective dates of
January 1, 2002 through January 1,, 2004. The agreement provides for a two-year rolling term. In other
words, one year after the effective date of the agreement or any extension, the agreement shall
automatically be extended for a period of one year so that as a result of the extension, there will be a
remaining term of two years provided that the City Manager provides notice to the Council of the
upcoming extension date between 45 and 60 days before the extension.
Council Priority: THIS AGENDA ITEM IS CONSIDERED TO BE PART OF, OR NECESSARY TO, ONE OR
MORE OF THE 2001 PRIORITIES ESTABLISHED BY THE CITY COUNCIL ON JULY 21, 2001.
Priority(s) :
Recommended City Council Action/Suggested Motion:
Approve resolution.
Reviewed by Finance Director:
Reviewed by City Attorney:
e:
Approved by City Manager:
Date:
Date:
Today's Date:
Revision # and Date Revised:
File Code:
#
December 14, 2001
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12/14/01 (fmk)
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APPROVING AGREEMENT FOR EMPLOYMENT OF CITY MANAGER
AND AUTHORIZING MAYOR TO EXECUTE SAID AGREEMENT
WHEREAS, the City Council of the City of Petaluma and Frederick Stouder entered into
an agreement for employment of City Manager dated December 15, 1997; and
WHEREAS, the City Council of the City of Petaluma and Frederick Stouder wish to
enter into a new agreement for employment of City Manager,
NOWT THEREFORE, BE IT RESOLVED that the City Council of the City of
Petaluma does hereby approve the Agreement for Employment of City Manager (attached hereto
as "Exhibit A"); and
BE IT FURTHER RESOLVED that the Mayor of the City of Petaluma is hereby
authorized to execute said Agreement for Employment.
reso
12/14/01 (fink)
EXHIBIT A
AGREEMENT FOR EMPLOYMENT OF CITY MANAGER
AGREEMENT FOR EMPLOYMENT OF CITY MANAGER
This Agreement, made and entered into this day of December, 2001, by and
between the City of Petaluma, a Charter City (the "City"), and Frederick Stouder (the
"Employee"), both of whom understand as follows:
WITNESSETH
WHEREAS, the City of Petaluma and Frederick Stouder entered into an Agreement for
Employment of City Manager dated December 15, 1997; and
WHEREAS, the Agreement was amended by the Amendment to the Agreement for
Employment of City Manager dated January 4, 1999 ("First Amendment"); and
WHEREAS, the Agreement was again amended by an Amendment to the Agreement for
Employment of City Manager dated December 14, 2000 ("Second Amendment"); and
WHEREAS, it is the desire of the City to adjust certain portions of the compensation and
modify provisions of the Employment Contract of Frederick Stouder; and
WHEREAS, it is the desire that all prior agreements and amendments thereto between
City and Frederick Stouder be superceded and replaced by a new contract to be entered into
between the City and Frederick Stouder;
NOW, THEREFORE, in consideration of the mutual covenants herein contained, the
parties agree as follows:
Section 1. Duties
The City hereby agrees to employ Frederick Stouder as City Manager of said City to
perform the functions and duties specified in the Petaluma Municipal Code and Petaluma City
Charter and as provided by state or federal law and to perform other legally permissible and
proper duties and functions as the City Council shall from time to time assign.
Section 2. Term
A. Nothing in this Agreement shall prevent, limit or otherwise interfere with the right
of the City Council acting for the City to terminate the services of Employee at any time, with or
without cause subject only to the provisions set forth in Section 4, paragraph A and B, of this
Agreement and Article VI of the Petaluma City Charter,
B. Nothing in this Agreement shall prevent, limit or otherwise interfere with the right
of the Employee to resign at any time from his position with the City, subject only to the provision
set forth in Section 4, paragraph C of this Agreement.
Page 1 of 6
C. Employee agrees to remain in the exclusive employ of the City for so long as the
employment is mutually acceptable to both Employee and the City, and neither to accept other
employment nor to become employed by any other employer until termination of this Agreement,
except with specific permission of the City Council for endeavors which are not in conflict with
the Employee's duties and responsibilities as the City Manager.
D. This Agreement will remain in full force and effect and shall continue for a period
of 24 months commencing January 1, 2002 through January 1, 2004. Notwithstanding this term
as set forth herein, unless this Agreement is terminated by either party pursuant to the provisions
herein one (1) year before the expiration of this Agreement or any extension thereof (Extension
Date) this Agreement shall automatically be extended for an additional period of one (1) year so
that as a result of the extension there will be a remaining term of two (2) years provided
Employee provides notice to the City Council of said upcoming Extension Date between 45 and
60 days before the Extension Date. If the Employee fails to give such notice, the term of the
Agreement shall not be automatically extended.
Section 3. Suspension
The City may suspend the Employee with full pay and benefits at any time during the term
of this Agreement.
Section 4. Termination and Severance Pay
A. Notwithstanding any provisions herein including but not limited to Section 2(D),
the City Council shall have the right to terminate the Employee at will. If the Employee is
terminated by the City Council during. the time that Employee is willing and able to perform his
duties under this Agreement, then in that event the City agrees to pay Employee a lump sum cash
payment equal to ten and one-half (10'/2) months salary, provided, however, that in the event
Employee is terminated for cause, the City shall have no obligation to pay the severance sum
designated in this paragraph. For purposes of this agreement, "cause" shall mean malfeasance,
misfeasance, any criminal activity that implicates performance of the City Manager's duties, or
gross misconduct, which shall include repeated instances of belligerent conduct toward any city
employee, contractor or official. The City shall give Employee a minimum of 45 days written
notice prior to terminating the employment of Employee as City Manager as provided herein,
provided that if the Employee is terminated for cause as defined in this agreement, the 45 day
notice requirement shall not apply. The determination whether there is good cause for
termination shall be in the sole discretion of the City Council. Nothing in this provision is
intended to confer upon the City Manager any property interest in continued employment or any
due process right to a hearing before or after the decision to terminate his employment for good
cause, except as may be required by the liberty interest clauses of the Fourteenth Amendment to
the United States Constitution, and Article I, §7 of the California Constitution.
B. In the event the, City at any time during this Agreement reduces the salary or other
financial benefits of Employee in a greater percentage than an applicable across-the-board
Page 2 of 6
reduction for all employees of the City, or in the event the City refuses, following written notice,
to comply with any other provision benefitting Employee herein, or the Employee resigns
following a formal suggestion by the City Council that he resign, then, in that event, Employee
may, at his option, be deemed to be "terminated" at the date of such reduction or such refusal to
comply within the meaning and context of the severance pay provision in paragraph A above.
C. In the event Employee voluntarily resigns his position with the City before
expiration of the above -referenced term of his employment, then Employee shall give the City
forty-five (45) days notice in advance, unless the parties otherwise agree. The employee will not
receive any severance pay in the case of voluntary resignation.
Section 5. Disability
If Employee is permanently disabled or is otherwise unable to perform his duties because
of sickness, accident, injury, mental incapacity or health for a period of six successive weeks
beyond any accrued sick leave, or for forty working days over a sixty working day period, the
City shall have the option to terminate this Agreement. Termination pursuant to this Section
would not subject the City to payment of severance benefits as specified under Section 4 above.
However, Employee shall be compensated for any accrued leave time and other accrued benefits
on the same basis as any other Department Head of the City pursuant to the applicable Rules and
Regulations.
Section 6. Compensation.
A. The City agrees to pay Employee for services rendered pursuant hereto an annual
base salary of $153,692 payable in installments at the same time as other employees of the City
are paid effective January 1, 2002.
Performance reviews will be conducted twice annually unless City Council and
Employee mutually agree otherwise, in January and in July. Notwithstanding the foregoing,
nothing shall be construed in this contract prohibiting the City Council and City Manager from
otherwise agreement to a salary adjustment at any other time of the year.
B. The City will participate with the City Manager in the City or ICMA Deferred
Compensation Program 457 Account on behalf of the City Manager by matching on a one to one
basis the City Manager's contribution. The City contribution in 2002 will not exceed $4500. This
can be adjusted annually by mutual agreement of the City Council and the City Manager.
Section 7. Performance Review Criteria
The parties agree that the criteria will be developed and revised annually, and mutually
agreed to, on which the City Manager will be evaluated. The criteria will be revised as
appropriate during each review period process for the following six months in order to allow the
City Manager appropriate time to address the criteria. The City Manager agrees to provide the
Page 3 of 6
City Council a written report ten days prior to the formal evaluation that responds to the
evaluation criteria, as well as summarizes the status, the schedule, and current costs and budget of
the City Council's priorities as agreed to by the Council at the beginning of the calendar year.
Section 8. Council/Manager Obligations
In accordance with the above, and as part of providing policy direction and leadership to
the City and the City Manager, the City Council agrees to participate in an annual goal setting and
priority identification session "retreat" or forward workshop with the City Manager. The Council
will agree in advance to the Agenda, anticipated outcomes, and to the external organization
facilitator.
Section 10. Automobile
Employee shall provide his own automobile. City shall provide a $250 monthly
automobile allowance to compensate the Employee for the use of his automobile for City
business.
Section_ 11. Vacation, Sick Leave, Administrative Leave
Employee shall accrue, and have credited to his personal account, vacation leave of 15
days per year for employment, then increasing by eight (8) hours every year after January 1, 2007
to a maximum of 200 hours after 20 years of employment. Sick leave will be accrued and
credited to his personal account as provided for City Manager pursuant to the Compensation Plan
that applies to Department Heads. Administrative Leave shall be credited as with other
Department Heads.
Section 12. Other Benefits
Employee shall be provided with the same health, dental, life insurance, leave and
retirement benefits as other full-time Department Heads of the City.
Section 13. Dues and Subscriptions
Subject to budgetary approval by the City, City agrees to pay for the professional dues and
subscriptions of Employee necessary for his continuation and full participation in national,
regional, state and local organizations necessary and desirable for his continued professional
participation, growth, and advancement and for the good of the City. This includes the two
professional associations to which the City Manager is a member: The International City and
County Managers Association and The American Society for Public Administration,
Section 14. Professional Development
A. Subject to budgetary approval by the City, City agrees to pay the travel and
Page 4 of 6
subsistence expenses of Employee for professional and official travel, meetings and occasions
adequate to continue the professional development of Employee and to adequately pursue
necessary official and other functions for the City.
B. City also agrees to budget and to pay for the travel and subsistence expenses of
Employee for short courses, institutes and seminars that are necessary for his professional
development and for the good of the City.
Section 15. Other Terms and Conditions of Employment
A. The City Council, in consultation with the City Manager, shall fix any such other
terms and conditions of employment as it may determine from time to time, relating to the
performance of Employee, provided such terms and conditions are not inconsistent with or in
conflict with the provisions of this Agreement, the City Charter, the Municipal Code or any
applicable state or federal law.
B. All regulations and rules of the City relating to vacation and sick leave, retirement
and pension system contributions, holidays and other fringe benefits and working conditions as
they now exist or hereafter may be amended, also shall apply to Employee as they would to other
Department Heads of the City, in addition to said benefits enumerated specifically for the benefit
of Employee except as herein provided. (See Attachment A, Compensation Plan for Unit 8.)
Section 16. Notices
Notices pursuant to this Agreement shall be given by deposit in the custody of the United
States Postal Service, postage prepaid, addressed as follows:
EMPLOYER: City of Petaluma
11 English Street
Petaluma, CA 94952
EMPLOYEE: Frederick Stouder
158 Windsor Drive
Petaluma, CA 94952
Alternatively, notices required pursuant to this Agreement may be personally served in the same
manner as is applicable to civil judicial practice. Notice shall be deemed given as of the date of
personal service or as of the date of deposit of such written notice in the course of transmission in
the United States Postal Service.
Section 17. General Provisions
A. The text herein shall constitute the entire Agreement between the parties_
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B. This Agreement shall be binding upon and inure to the benefit of the heirs at law
and executors of Employee.
C. This Agreement shall become effective commencing January 1, 2002 and shall
superceded and replace all prior agreements and amendments.
D. If any provision, or any portion thereof, contained in this Agreement is held
unconstitutional, invalid or unenforceable, the remainder of this Agreement, or portion thereof,
shall be deemed severable, shall not be affected and shall remain in full force and effect.
IN WITNESS WIEREOF, the City of Petaluma has caused this Agreement to be signed
and executed in its behalf by its Mayor, and duly attested by its City Attorney, City Clerk and the
Employee has signed and executed this Agreement, both in duplicate, the day and year first above
written.
ATTEST:
City Clerk
APPROVED AS TO FORM:
Richard R. Rudnansky, City Attorney
E. Clark Thompson, Mayor
EMPLOYEE:
Frederick Stouder
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Dec 11 01 03:02p Petaluma CA Cit,,-jManager 707-778-4419 p.2t
CITY OF PETALUMA
CALIFORNIA
FISCAL YEAR 2001-2002
Dec 11 01 03*02p Petaluma CA Cit�jManager 707-778-4419
TABLE OF CONTENTS
Section 1. Term of Agreement
COMPENSATION
Section 2.
Salary
Section 3.
Compensation for Clothing Loss
Section 4,
Vacation, Payment Of
Section 5.
Sick Leave, Payment Of
Section 6,
Deferred Compensation .
Section 7,
PERS Employer Paid Contribution
Section 8.
Work During Local Emergency
Section 9.
Uniform Allowance
Section 10.
Retiree Benefit Payments
Section 11.
Health/Dental Care Cash Back
Section 12,
Administrative Leave, Payment of
1NS URANCE
Section 13,
Health Insurance
Section 14.
Dental Insurance
Section 15,
Life Insurance
Section 16,
Longterm Disability
Section 17.
Vision Insurance
Section 18,
Other Health and Welfare Payments
LEAVES
Section 19,
Vacation
Section 20,
Sick Leave
Section 21,
Bereavement Leave
Section 22.
Holidays
Section 23.
Military Leave
Section 24.
Leave Of Absence Without Pay
Section 25.
Jury Leave
Section 26,
Administrative Leave
OTHER
Section 27.
Family Medical Leave Act
Section 28.
Retirement
Section 29,
Sexual / Romantic Relationships
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Dec 11 01 03.02p Petaluma CA Cit�Manager 707-778-4419 p.4,
Section to Term of Agreement
This compensation plan shall be for a one (1) year term for the Fiscal Year
commencing July 1, 2001 through June 30, 2002.
COMPENSATION
Section 2. Salary
The salaries listed below shall be effective July 9, 2001.
PRINCIPAL APPOINTIVE,
CLASSES
Police Chief
$8,736
$9,173
$9,632
$10,113
510$619
Assistant City Manager
$8,428
$8,849
$9,291
$9,756
$10,244
Director of Community
Development
$8,428
$8,849
$9,291
$9,756
$10,244
Director of Economic and
Redevelopment
$8,428
$8,849
$9,291
$99756
$10,244
Director of Finance
$8,428
$8,849
$9,291
$9,756
$10$244
Director of Public Facilities and
Services
$8,428
$8,849
$9,291
$99756
$10,244
Director of Water Resources and
Conservation
$8,428
$8,849
$9,291
$9,756
SI0,244
Fire Chief
$8,428
$8,849
$9,291
§9,756
$10,244
Director of the General Plan
Administration
$7,431
$7,803
$8,193
$8,602
$9,032
Director of Human Resources
$7,278
$7,642
$8,024
$8,425 1
$8,8461
Director of Parks & Recreation
$7,168
$7,526
$7,903
$89298 1
$8,713 �
Dec 11 01 03o03p Petaluma CFS City Manager 707-778-4419 P.S
Section 3. Compensation For Clothing Toss
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 hercunder shall be submitted in writing,
in detail, to the City Manager via the department bead concerned. The amount of
compensation if any, shall be at the discretion of the City Manager,
Section 4. Vacation, Paymenf
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
All banked vacation hours are held in the Personnel Department. These axmounts
shall be paid to the employee in the amount of 10% of the banked hours per year
over a ten-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 shall be made in the month of October or November.
Section So Sick Leave, Payment Of
In the event of the death or retirement of an employee who has completed ten (I O)
or more, years of continuous service with the City, the employee shall be paid or
shall receive to his benefit fifty percent (50%) of his accumulated but unused sick
leave not to exceed 480 hours, The employee may elect not to receive this benefit
and instead place all sick leave hours into the PERS Sick Leave Conversion,
Section 6a Deferred Compensation
A, Deferred Compensation Plan (457)
The City of Petaluma shall make available to the members of this unit the City's
Deferred Compensation Plana
Dec 11 01 03003P Petaluma Chi Cit�jManager 707-770-4410 P.6,
B. Discretionary Plan (401(a))
Effective July 9, 2001, the current 401(a) Money Purchase Plan contribution by
the City of Petaluma will be discontinued and an amount equal to the
payment ($166.67 per month) will be transferred to the salary schedule of the
members of this Unit.
Section 7. PERS Employer Paid Contribution
The percentage of each employee's PERS contribution previously paid by the City
prior to the adoption of this Compensation Plan as the Employer Payment of
Member Contribution (EPMC) shall instead be paid to the employee who 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 Internal Revenue Code pursuant to City of Petaluma Resolution
90363, Therefore, for calculation of base salary at retirement, the employee shall
now have an increased base salary that will include the total amount of the
employee's contribution to PERS previously paid as EPMC. The City will
withhold the employee's contribution from the employee's pay, 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 snake an election to take this
amount in salary and/or to make the payment to PERS. The tax exemption does
not apply to PICA/social security. The following is an example of the application
of IRC 414(h)(2) as applied to a miscellaneous employee.
An employee makes $1,000 per month base salary, tinder the prior contract the
employee was not responsible for paying 7% of the required employee
contribution. The City was responsible for paying 7% ($70.00), which was a City
responsibility that was in addition to the $1,000 base salary.
Under the 414(h)(2) method, the EPMC will revert to salary and the employee's
base salary will now be $1070. Of this 7% (approximately $75.00) will be paid to
PERS from the $1070. The full 7% will be tax exempt and this means the
employee will pay taxes on $995.00.
Section 8. Fork During Local Emergency
Members of this Association who are required 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.
Dec 11 01 03,03p Petaluma Chi CitBdManager 707-778-4419 p.7
t
Section 9. Uniform Allowance
The classifications of Police Chief and Fire Chief shall receive $300.00 per year
as a UIliform Allowance, This amount shall be paid in December,
Section 10, Retiree Benefit Payments
An employee with twenty (20) years of service and who is age 50 or older and
who retirees on a service retirement during the term of this agreement, will be
eligible for a service benefit in the amount equal to $100 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 as a retiree.
Should the retired employee not continue in the PEMCHA plan, that retired
employee will be eligible for ail amount of $100 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
coillrmence payment of the $100.00 at the beginning of the month following the
receipt of written notice by the retiree
For employees retiring after September 1, 2000 and who meet the service
requirements listed in paragraph 1, above, those employees shall receive ail
additional $30 per month as a retiree service benefit. Should the retired employee
not continue in the PEMCHA plan, that retired employee will be eligible for an
amount of $130 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 conmience payment of the
$130,00 at the beginning of the month following the receipt of mitten notice by
the retiree,
For employees retiring after September 1, 2001 and who meet the service
requirements Listed in paragraph 1, above, those employees shall receive an
additional SIO per month for a total of 5140 per month as a retiree service
benefit.
For those employees retiring after September 1, 2001 and who meet the
following service requirements, those employees shall receive a pro -rated
benefit as follows.
Age 50 with., S Years Petaluma service: $100 per month benefit
12 Years Petaluma service. $120 per month benefit
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Dec 11 01 09a04p Petaluma CR OityManager 707-779-4419
Section 11. Health/Dental Care Wash 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 terms and conditions of the particular policy. Upon actual
cancellation of the employees' 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 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
pregniun, 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 costs 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 cancelled only for the employee's spouse or dependent
children, the reimbursement will be 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 50% of the
City's fixed monthly payroll charge for this program.
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.
Dec 11 01 03o04p Petaluma CR CityManager 7037-778-4419 PaS
Section 12, Pay for Unused Administrative Leave
The City shall pay off any unused Administrative heave as of June 30th -to a
maximum of 40 hours. Payment shall be at the employee's base pay rate as of
June 30th. This payment shall be made on the last pay -period for the Fiscal Year.
INSURANCE
Section 130 Health Insurance
A. ACTIVE Employees
The City shall participate in the Public Employees' Medical Health Care Act
(PEMCHA) for members of this Unit. The designated premium paid by the City
toward this program shall be in the amount of $100,00 per month per employee.
B. RE`T'IRED Employees
Employees who retire from the City of Petaluma will receive contributions to
their medical premium while under the PEMCHA plan, This payment will
increase in the amount of $5.00 per year until it reached the amount of $100.00 as
listed in paragraph 1 above.
Section 14. Dental Program
The City shall provide for a group Delta Dental Program for City employee and
dependents in this Unit. Additionally, the City shall contribute toward an
Orthodontia Plan $1,000 per child at a 50% co -payment rate. The City shall pay,
during the period of this Compensation Plan the full cost toward the City group
dental coverage program,
Section 15. Life Insurance
A. The City shall provide for a group term life program for City employees in
this Unit, The City shall pay, during the course of the Compensation Plan, the
insurance premium towards employee only coverage for such insurance in the
principle sum of $50,000 per employee,
Dec 11 01 03004p Petaluma CA Cit�jManagen 707-770-4419 Fa 1C
E. Management Life Insurance shall be in the amount of one and one-half (1-1/2)
times their annual salary rounded to the nearest even dollar, i.e., $12,000,
$13,000, etc. not to exceed $125,000.
Section 160 Long -terra Disability
The City shall provide for a long-term disability plan.. The City will pay this
premium.
Section 17. Vision Program
The City shall provide a Vision Plan for employees and dependents. The City
shall pay for premium increases during the term of this Compensation Plan.
Section 18. Other Health and 'Welfare Payments
The City shall provide to the active members of Unit 8 additional monthly health
and welfare payments equal the PEMCHA Health Plan of the Redwoods preiniuzn
amounts less $100.00.
LEAVES
Section 19. Vacation
A. Amounts. All regular employees of the City of Petaluma, after working one
full year are entitled to the equivalent of eighty (80) hours of vacation.with
pay in the year following the year in which Vacation is earned.
All regular employees of the City of Petaluma, after five (5) years of
continuous service with the City, and beginning with the sixth year, shall be
entitled to the equivalent of one hundred twenty (120) hours of vacation per
year.
After ten (10) years of continuous service with the City, eight (8) hours of
vacation shall be added for each year of continuous service to a maximum of
two hundred (200) hours of vacation.
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,Dec 11 01 03.04p Petaluma 08 0it8Manager° 707-778-4419
B. Scheduling. The times during a calendax year in which an employee
may take his/her vacation shall be determined by the department head with
due respect for the wishes of the employee and particular regard for the needs
of the service, If the requirements of the service are such that an employee
cannot take part or all of his/her annual vacation in a particular calendar year,
such vacation shall be taken during the following calendar year,
C, Banked Hours. Hours that are baked under Section "Vacation, Payment of"
may be used upon submittal of a memo to the Persoimel Deparfinent 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,
E. Accrual Limits. Vacation accruals shall be capped at three (3) times the
amount listed in paragraphs A.,
Section 20. Sick Leave
A, General
Sick leave with pay shall be granted to all employees as set forth in this section.
Sick leave is not a right, which an employee may use at his discretion, but rather,
shall be used, only in cases of personal illness, disability or the serious illness or
injury of an employee's family member, wl-�ch requires the employee's attention.
The terga family member shall include; spouse, children, parents, spouse's parent=s,
brothers, sisters, or other individuals whose relationship to the employee is that of
a dependent or near dependent.
E. Accrual
Sick leave shall accrue to all full-time employees at the rate of eight (8) hours for
each month of continuous service, No employee shall accumulate more sick leave
in any year than provided,
IN
Poll
Dec 11 01 03o05p Petaluma CFS Cit�jManager 707-778-4418 p012,"
Ce Relationship To Workers' Compensation
Benefits shall be payable in situations where miscellaneous employee's 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 from work
has been occasioned by injury suffered during his/her employment and sae/she
receives Workers' Compensation, he/she shall receive full pay. Following this
period, sick leave may be a supplement to the Workers' Compensation benefits
provided the employee. Compensation is at his/her regular rate for a period not to
exceed six months, or until sick leave is exhausted, or the disability is abrogated,
or that employee is certified "permanent and stationary" by a competent medical
authority. The City shall pay him/her the regular salary, based on the combination
of the Workers' Compensation benefit plus sick leave.
All public safety employees receiving full salaries in lieu of temporary disability
payments pursuant to Section 4850 of the Labor Code are entitled to accumulate
sick leave 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 but unused sick leave shall be abrogated, subject
only to the limitations provided under this Memorandum of Understanding.
D. Sick Leave Transfer PolicSr
An employee wishing to donate hours of sick leave to another employee may do
so by sending a written request, approved by his/her department head, to the
Personnel Office naming the individual to receive the sick leave and the amount
donated, with the following restrictions:
1. Fmployees who wish to transfer sick leave must retain a miniraurn of
one hundred -sixty (160) hours of sick leave to be eligible to transfer
sick leave.
2. All such transfers of sick leave are irrevocable,
3. The employee receiving the sick leave transfer must have zero (0) hours
of accrued sick leave, vacation and CTA leave on the books.
4, Employees may not buy or sell sick leave. Only the time may be
transferred.
5. Employees may not transfer sick leave upon separation of service.
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Dec 11 01 03.-05p Petaluma CR C i tyManager 707-778-4419 F,13
6. Sick Leave Transfer shall be allowed between all Units.
7, No more than ninety (90) workdays of Sick Leave may be received by
an employee for any one illness or injury,
Section 210 Bereavement Leave
In the event of the death of aii employee's spouse, mother, step -mother,
mother-in-law, father, step -father, father-in-law, brother, sister, child, including an
adopted child, grandchild and grandparent, or domestic partner as registered with
the City Clerics Office, an employee who attends the funeral shall be granted time
off work with pay. The amount of time off work with pay shall be only that
which is required to attend the funeral and make 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 days may be charged to accumulated vacation or
leave without pay, Such bereavement leave shall not be accruable from fiscal
year to fiscal year, nor shall it have any monetary value if unused.
Section 220 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 FY 2000 / 2001 and 2001 / 2002 are as follows:
Independence Day
Labor Day
Columbus Day
Veterans' Day
Thanksgiving Day
Day After Thanksgiving
Christmas Eve
Christmas Day
New Year's Day
Martin Luther King Day
Presidents' Day
Mernorial Day
Holidays will be adopted annually by resolution of the City Council,
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Dec 11, 01 09.05p Petaluma G9 Oit�jManaCer 707-779-4419 pa14
E. Floating Holidays.
During the Fiscal Year the City will authorize one (1) "Floating Holiday" per
employee, which may be taken by the employee at a time selected by the
employee, subject to operational requirements and approval determined by the
City. Employees hired between July 1, and December 31, will be eligible for a
"Floating Holiday" during the course of the Fiscal Year,
Section 23. Military Leave
Military leave shall be arranged in accordance inrith 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 24. Leave Of Absence Without Pay
The City Manager may grant a regular or probationary employee leave of absence
without pay pursuant to the State and Federal Law, Good cause being shove by a
written request, the City Manager may extend the leave of absence without pay or
seniority or benefits for an additional period not to exceed six (6) months. No
such leave shall be granted except upon written request of the einployee 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 25. 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 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 full salary and any payment received by him, except travel pay, for
such duty. This compensation shall not extend beyond twenty (20) working days.
13
Der- 13. 01 03o06p Petaluma CFS Cit�jManager 707-778-4410 P.15
Section 26 Administrative Leave
Members of this Unit are eligible for administrative leave, Days may be granted
by the City Manager upon written request, not to exceed eighty (80) hours per
Fiscal Year,
Section 27, Family Medical Leave Act
Pursuant to the Family and Medical Leave Act of 1993, FMLA. leave may be
granted to an employee who has been e nployed for at least twelve (12) months by
the City and who has provided at Ieast 1,250 hours of service during the twelve
(12) months before the leave is requested, The leave may be granted up to a total
of twelve (12) weeks for the 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 such spouse, son,
daughter, parent, or "in loco parentis" has a serious health
condition;
C. Because of a serious health condition that makes the employee
unable to perform his employment functions;
The employee must provide the employer with thirty (30) days advance notice of
the leave, or such notice as is practicable, if thirty (30 days notice is not possible -
The employee must provide the employer with certification of the condition from
a health care provider, The employer, at employer expense, may require a second
opinion on the validity of the certification. Should a conflict arise between health
providers, a third and binding opinion, at employer expense will be sought,
An employee seeking FMLA leave must first use paid sick time (if applicable)
and vacation before going on unpaid leave, The total amount of family leave paid
and unpaid will not exceed a total of twelve (12) weeks, In any case in which a
husband and wife entitled to family leave are both employed by the employer, the
aggregate number of workweeks of leave to which both may be entitled may be
limited to twelve (12) weeks if such leave is taken because of the birth of a child
or placement for adoption or foster care of a child. The employee will be
responsible for his share of the health insurance cost during the leave, If the
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Dec 11 01 03aC6P Petaluma CA CityjManager 707-776-4416 P.16,
employee does not return from the leave, he is responsible for the total insurance
premium paid by the employer,
Section 28o Retirement
The City of Petaluma's retirement plan under the Public Employees' Retirement
System shall consist of the following items:
Options: Miscellaneous
2% @ 55
1959 Survivors Benefit (Level 3)
One -Year Final Compensation
Unused Sick Leave Credit
Military Service Credit as Public Service
Options: Dire
3% @ 50 Local Public Safety
1959 Survivors Benefit (Level 4) Section 21382.4
One Year Final Compensation
Unused Sick Leave Credit
Military Service Credit as Public Service (Section, 20930.3)
Post Retirement Survivors Allowance (Sections 21263, 21263.1 and
21263,3)
Options: Police
3% @ 50 Local Public Safety
1959 Survivors Benefit (Level 4)
One -Year Final Compensation
Unused Sick Leave Credit
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Dec 11 01 00006F Petaluma Cts CittjManager 707-778-4410 p.17
Section 290 Romantic / Sexual Relationships
1, 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 relationships,
014"111 W
1. This policy addresses romantic and/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 assignments, 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 on productivity, safety, or security or
involves a Conflict of interest.
PROCEDURES
I . Supervisors and Managers
Romantic and/or sexual relationships are not allowed between a
supervisor/manager and employee while the employee is' subject to the
supervisor's/inanager's influence. The City Manager is responsible for taking
appropriate action in these situations when they occur.
a. Should a supervisor/manager develop a romantic or sexual relationship with
an employee under his/her influence, it is the supervisor's/manager's
responsibility to inform the department head of the relationship.
b. Where possible, the department head shall transfer the manager/supervisor
from the position of influence over the other party to the relationship. If this
is not feasible, other appropriate arrangements will be made.
c. One party to a relationship will not be placed under the influence of the other
party to the relationship.
ITA,
Dec 11 01 03 e 07p Petaluma CR C i t�jManager° 707-778-4419 F.16
2. Coworkers
When a romantic and/or sexual relationship between coworkers 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 correct the adverse effects and has the right to transfer one or both
parties to different work Units in the same department, or to recommend 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.
rederick C. St der
City Manager
17
June 25, 2001
CITY MANAGER SALARY SURVEY
CIS MANAGER SALARY SURVEY
November 5, 200 .
* Fending City Council Approval
SAPHRspNNE\ADMINJMSurvey Infbn= ioh\SALARY SURVEY, fo, pc, ctn.doo
Yearly
Yearly
Salary
Salary
City
Top
&
City Paid
Retirement
Contribution
Napa
$141,821.
$152,496.
Rohnert
$123,552.
$132,200.
Park
San Rafael
N1.A.
$148,512.
5% EE share of
retirement
*
$163,550.
$175,860.
Santa Ross
Vacaville
151,718.
$163,138.
Novato
144,756
$.154,888.
Petaluma
$122,696.
$131,932.
Avera a
$154,515.
Median
$X 53,692.
* Fending City Council Approval
SAPHRspNNE\ADMINJMSurvey Infbn= ioh\SALARY SURVEY, fo, pc, ctn.doo