HomeMy WebLinkAboutResolution 99-180 N.C.S. 09/07/1999 1 ~eSO~tit1011 1~IO. 99-180 1~I.C.~.
2 of the City of Petaluma, California
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6 RESOLUTION AMENDING RESOLUTION 97-185 N.C.S. -SALARY AND
7 SUPPLEMENTAL WAGE BENEFITS FOR EMPLOYEES IN UNIT 4
8 (PROFESSIONAL)
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12 WHEREAS, the employees in Unit 4 are not represented by any recognized
13 employee organization; and,
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15 WHEREAS, the City Manager, pursuant. to Section 28, City of Petaluma City
16 Charter, is required and empowered top make a recommendation to the City Council on
17 matters related to employee's compensation; and
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19 WHEREAS, the City Manager has recommended that Salary provisions of the
20 Compensation Plan for employees in Unit be amended,
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22 NOW, THEREFORE, BE IT RESOLVED that the supplemental wage and
23 benefits as specified in the attachment for employees in this Unit,vbeing in the best
24 interest of the City, be approved and shall be effective July 12, 1999 through June 30,
25 2002.
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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) (~~o1~X(~i~3ii~ meeting form
on the ..2.th day of _...~~pt.~.CTll7~)"_......._....................._, 19..9., by the
following vote:
Ci y Attorney
AYES: Healy, Torliatt, Caller-Thompson, Hamilton, Vice Mayor Keller
NOES: None
ABSENT: Maguire, Mayor Thompson
.ATTEST :
....---y
City Clerk Ma or
~IC~ Mp,yOr"
9 File l
('A lU.ti5 Rcs. Nu............_.._ N.L.S.
TABLE OF .CONTENTS
GENERAL .
Section 1. Term of Agreement
COMPENSATION
Section 2. Salary
Section 3. Retirement Contributions
Section 4. Overtime
Section 5. Stand By Pay
Section 6. Out of Cl"assification Work
Section 7. Payment For Work During Leaves
Section 8.' Compensation For Clothing
Section 9. Vacation, Payment At Termination
Section 10. Sick Leave, Payment Of
Section 1 L Deferred Compensation
Section 12. Retiree.Benefit Payment
Section 13 ~ Bilingual Pay
INSURANCE
Section 14. Health Insurance
.Section 15. Dental Insurance
Section 16. Life Insurance
Section 17. Disability Insurance
Section 18. Vision Insurance
Section 19. Health/Dental Care Cash Back
LEAVE
Section 20. Vacation
'Section 21. Siek:Leave
Section 22. 'Bereavement Leave
Section 23:. Holidays
.Sect'i`on 24: Military Leave
Section25. ~ Leave Of Absence Without Pay
Section"26... Compensatory Time- Off
.Section 27.. Jury Leave
Section. 28. Family Medical Leave Act
' OTHER
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Section 29. Retirement
Section 30 Health And Safety-
Section 31 Grievance Procedure -
Section 32. Disciplne'Procedure .
Section 33. Personnel Files
Section 34: Probation
Section 35`: LayoffApd Recall
Section 36. AlternateWork Weeks
Section. 37. Transfers And Promotions
Section 38 Performance Evaluations
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GENERAL
Section 1, Term of Agreement
This N1OU shall be-effective for a three (3) year term for the fiscal year
commencing'July 12, 1999 and ending June 30, 2Q02.
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" ~ COlVIPENSA'TION
Section 12.. Sala
Section 12,1. Cost of Living and Equity Adjustments
The salaries: in Attachment A shall be, effective: July 12, 1999: At the beginning. of
' the first full pay period in July of each year~following, duri"ng the term of this
Mernoranduin,of'Understanding, a.Cost of Living Adjustment of 3.5% and the following
Equity Adjustments for each listed classification will'.be implemented.
Equity
Adjustments
Accountant Analyst ~ 3.2%
Assistant Planner 2.5%
Associate Civil Engineer 2.2%
Associate in Civil Engineering 1.,9%
..Associate Planner 2.8%
.Buyer 2.5%
Housing Coordinator 2.5% '
`P1ans,Examiner 5.6%
Program Coordinator 3.1
`Recreation Coordinator 4.3%
'Section ~3. Retirement Contributions
The percentage of each employee's. PERS' contribution. preciously paid by the City
pursuant to the 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 90-3'63'. Therefore, for calculation;of base salary
at retirement; he employee shall now have an increased,base salary that will include the
total,amount'ofthc employee's contribution to PERS previously paid as EPMC. The
:employee°s contribution will be withheld from the employee's pay by the City, and the
City will make the employee's payment of the empl'oyee~contribution directly to PERS on
behalf.of the employee. The employee may not make an election to take this, amount in
salary and/or to make the payment to PERS. The tax exemption does not apply to
FICAlsocial security:. ~Tlie following is an example of the` application of IRC 414(h)(2) as
applied to miscellaneous employee.
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Section 4. Overtime •
4.1 General'. All .hours worked in~ excess of eight (8) in any one day or an excess
of forty (40) in any work week shall be compensated;for at the overtime rate which shall
be one and gone-half (1.5) times: the regular rate of pay; provided, however, that in the
event an employee is required to work overtime without a break in excess of 4 hours
beyond the end of his/her regularly scheduled work shift, the employee shall be
compensated .for those excess; hours at the overtime -rate of two (2.0) times the regular rate
of pay; Overtime shall only be worked after having received prior authorization by the
department head or a managerial supervisor.
Employees who are working an Alternative Workweek of 40 hours per work week shall
be paid.overtme for-hours. worked beyond the regularly assigned hours for that day in
accordance with the City' Alternative Workweek Policy.
4.2 Minimum. Any employee required to work overtime shall, in no case, be
compensated for less than one hour for such overtime.
4.3 Minimum for Callbacks. Any employee required. to return to work on an
unscheduled, emergency basis after the end of the employee's working day, shall, in no
case, be compensated' for less than two. hours for such overtime.
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Section 5. Stand By
If, in an'e_mergency situation, an employee in this unit:is asked to.1'eave work.
before the end, of his/Yieracheduled work day with the expectation that he/she will. be
called back to'work to finish the,remainder of their workday at a later tirne, but the
employee is not in fact called back to work that day, the City agrees to compensate the
employee for•. the ;full normal. working day. In exchange, up until the time that the
employee's regular shift is scheduled to end, such employees will be~on,stand by status,
without. any entitlement to any extra compensation. Except as so specified; employees in
this unit are not.required to work qn a,stand by basis.
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Section 6. Out. of Classification Work
6.1 General.
Unit members who are asked tb perform out-of-class -work are eligible for out-of--class
paywhen the following conditions are met:
A. The member must have been assigned the work by either the employee's
Supervising Manager or Department Head.
B: If the member_ thinks the assignment is -"out-of-class", it is the
responsibility of the member to' inform the person assgning~the duty prior to engaging in
• the assignment. •
C. If the rriember and person assigning the work disagree that the work
should be compensated as "out=of-class", the member shall initiate the work assigned and
may resolve the issue through the grievance procedure.
6.2 Rate of Compensation.
Members performing out-of-class work shall be compensated at an additional five
(5%) percent on anhour-per:-hour basis when such work is being performed.
6.3' Responsibility of the Member.
It is the responsibility of the member to inform the person assigning out-of--class
work when such work is finished.
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Section 7. Payment for Work DurinE' Leaves,
When it becomes necessary because, of. an emergency to have employees work
during legalholidays or during scheduled vaeaton.leaves, such employees working. on
such legal holidays and during periods of `vacafon shall be entitled to receive additional
. renumeratiori:at=the rate of one and one-half times their regular rate of pay. ~ - - - -
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Section 8. Compensation for Clothing
- 8.1 General. The City Manager is authorized to provide compensation to City
• employees for° oss or damage to their clothing. which 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.
8.2 Work Boots. The City shall pay the cost,of afety work boots, when
required, up to $130.00 per`Fiscal Year upon receipt being provided to the Personnel
Off ce. Each employee covered by this section upon completion of hisfher initial
probationary period will be credited the above amount and may draw down through the
submittal of invoices to the. City.
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Section.9: Vacation, Payment at Termination
Employees. who leave City employment shall be paid in a lump surii.for all
accrued. vacation leave earned prior to the effective date of termination:not to exceed two
(2) years accumulation.
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Section 10. Sick Leave,~Payment of
In the event of~the death or.retirement.of~an~employee who has completed ten (10)
or more years of continuous service with the City, the employee shall be paid or shall
receive to lusher 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. benefit.
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Section 11. Deferred Compensation
The Cty'of Petaluma shall make available to the members of this unit the City's
Deferred Compensation Plan.
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Section 1`2. Retiree Benefit Payment
12.1. RETIRED Employees. An employee with twenty (20) years .of service and
who is age SQ or older and who retires on a service retirement during the term of this
agreement, will be eligible: for $95:00 per month beginning on the retirement date. The
payment will decreases=in the amount of $5.00 per year to $O:OO after 20 years if the
retired employee continues in the PEMCHA plan as a retiree. Should the retired
employee not continue in he P'EMCHA plan, he/she will be eligible for the full $100.00.
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 $100.00 at the
beginning of the month. following the receipt of written:notice by the retiree.
12.2. For employees retiring after September 1, 1997 and who meet the service
requirements listed in paragraph 1 above, those employees shall receive an additional $20
per month as a retiree service: benefit: Should the retired employee not..continue in the
PEMCHA plari, that retired employee will be eligible for an amount of $120 as a direct
payment.as a retiree service benefit. It is the responsbility.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 $120.00 at the beginning of the month following the receipt of
written notice by the retiree
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Section 13: Bilingual Pay~panish
Effective.January,1, 2000,.qualfied represented:members will be eligible for bilingual
pay at $:130 per month. To guali£y, employees.must be tested for fluency at a high skill
level proficiency rate. Testing .procedures and skill levels of proficiency hall be
determined by'the Human Resources preetor and the .Santa Rosa.,Juiuor College.
Testing- will. consist of the. following elements:
.Narrative/descript'iwe; summarize/paraphrase;. discuss. abstractions; repair speech;
pronunciation; vocabulary; a variety:<of communicative tasks /strategies and syntax.
. ~ Re-qualf cation will be required' every five years. The City will. offera~ retest one time
per year and provide a 60 day notice prior to the testing date. Those wishing to be re-
tested .must apply no later than 3.Q days prior to the testing date.
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INSURANCE
Section 14. ~Iealth Insurance
14.1 ACTIVE Employees. `The City shall. participate in the Public Employees'
Medical Health. Care Act (PEMCHA) for members of Unit 4 (Professional). The
premium paid by the City toward this program shall be in the amount of $100.00 per
month per employee.
14.2 Other health and Welfare Payments.
The City shall provide to the active members ofUriit 4 additional monthly health
and welfare payments equal- the PEMCHA, Health Plan of the Redwoods premium
amount less $100.00.
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Section 15. Dental Program
The City shall provide for a group .Delta. Dental Insurance Program :for City
employee and dependents. in this. Unit. Additionally, the City shall contribute toward an '
Orthodontist plan $'1,000 per child at a 50% co=payment rate. The City-shall pay, during
the period of .this Compensation Pl'ari'the full costtoward the City group dental program.
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Section 16. Life Insurance
The City shall provide fora group term, life insurance program for City employees
in this Unit., The City shall pay,: during the course: of the Compensation Plan, the-
insurance cost towards employee only coverage for such insurance in the principle sum of
$50,000 per employee effective January 1, 2000.
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Sectionl7. Disability Insurance
17.1 Short-Term Disability Insurance.
The City agrees that employees in this unit:may; on a purely voluntary bass.and at
their own expense, pazticipate in AFLAC's short-term disability nsurance,,as -long as' the.
number. of employees. electing to'particpate in the program meets the'minimum '
participation sfaridazds set by the carrier..
17.2 Long-Term Disability Insurance.
The City shall provide fore along-'term disability plan, with the premium to be paid
for by the City:. _
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Section 1.8. Vision Program
The City shall-provide a Vision Plan for employees and dependents. The cost.
shall be paid for by the~City: ~ ,
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Section.l9. Health/Dental Care Cash Back
An eligible employee may request cancellation of the employeea: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/ordental .
insurance couerage:.from another'source. Such a request maybe made during the open
enrollment. for'PEMCHA.medical,electons 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
wih 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 employ, ee's
medcal~coverage; and. commencing on the date of cancellation of such policy, the City. '
will instead pay to the eligible employee; bn a inonthly'basis; an amount equal to 50% of
the "equivalent; monthly cost'; ~as defined `herein, Hof insurance coverage :o f 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 ordependent 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 emp'loyee's dental .coverage, the City will instead pay to the
eligible'ernployee, on a monthly :basis,. an amount equal.. to 50,% of ;the City's' internally
generated estimated monthly cost of the self-funded dental costs.
Any employee canceling coverage will be required, tb 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 ofreceipt
of this payment, that.re-enrollment eligibility into any plan is not .guaranteed. .
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LEAVE
Section 20. 'Vacation
20.1. Accrual. All. regular employees of the City of Petaluma, after working one
full yearare 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 fine City, eight (8) hours of vacation shall be added for each year
of continuous service to a maximum of two hundred (200) hours of vacation.
Vacation time shall not be accumulated in excess of two years.
20.2 Scheduling::. The times during a calendar 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 annual
vacation in a particular calendar year, such vacation shall be taken during the following
calendar year.
20.3 Deferral. Any eligible employee with. the consent of the head of his/her
department and the Personnel Office may defer his/her annual vacation to the succeeding
calendar year subject o other. provisions of this rule. A written report of each deferred
vacation signed by the appropriate department head and the- Personnel Officer noting -the
details shall be kept on file with the Personnel Office. In the event one or more municipal
holidays fall within an annual vacation leave, such holidays shall not be charged as
vacation leave and vacation leave. shall be extended accordingly.
20.4 Usage. An employee may begin to use accrued vacation after successfully
.completing his/her probationary period with the City of Petaluma.
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Section 21. Sick Leave
21.1. General. Sick leave. with pay shall be granted to all.. employees asset forth
in this section. Sick leave is not a right which an employee may use of his discretion; but
rather, shall. be used only in case ;of personal"illness, disability or the, serious illness or
injury of an employee's:family member which,requires.thecmployee's attention: The
term family members shall include: spouse; .children, parents, spouse's parents, brothers,
sisters or other individuals whose relationship: to the employee is that of a;dependent or'
near dependent.
' 21.2 Accrual. Sick leave shall accrue to all full-time~emplbyees at the rate of
eight hours for each month of continuous service.
21:3 Notification. Procedures. In order. to receive compensation while absent on
sick.leave,~the employee shall notify his/her immediate superior or the Pe"rsonnel Office
prior to or within four hours after the time set fore beginning his dal>y .duties as may be
specified bythe head of his/her d'epartinent. When. absence is for more-than three days
. duration, the. employee maybe required to `file a physician's certificate- with the ,Personnel
Office" stating the cause of the absence. .
. 21:4 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 1"60 hours when the
employee's absence has been occasioned: by injury suffered during his/her, ernploynent
and he/she receives Workers' Compensation, he/she shall receive:-full pay. Following this
period, sick leave may be a supplement to the Workers' benefits provided the employee.
Compensation is at'his/her regular rate.for a period;not to"exceed six~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 ofthe Workers' Compensation benefit plus
Sick Leave.
Sick,leave for- industrial injury' shall no't 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.
21:5 Sick Leave 'Transfer Policy. Employees wishing to donate hours of sick
leave to another employee may do so by sending:a written request; approved by their
department head, to the Personnel' .Office .naming. the individual to receive-the sick leave -
and the amount donated, with the:following restrictions:
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1. .Employees who wish to transfer. sick•'leave must retain a
minimum of 160 hours of sick leave to be eligible to
transfer sick Yeave.
2. . `All -such transfers of sick leave are irrevocable.
3. The employee receiving the wick 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.
6. Transfer of sick leave shall be allowed between Units 1, 2, &
3.
7. No more than ninety (90) workdays of Sick Leave may be '
received by an;employee for any one 'illness or injury.
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Section 22 Bereavement Leave
22.1 .Bereavement Lease. In the event,of.the death. of an employee's spouse,
mother, step=mother, mother-in=law, father, step-father, father-in-law, brother, sister,
child, including an adopted child, grandchild' arid..grandparent, or domestic partner as
registered with the Human Resources Department, 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 hree (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 riot.be accruable from-fiscal year to fiscal year, nor shall. it
have any monetary value if unused. -
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Section 23. Holidays
23.1 Fixed Holidays. The Cityshall 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 99/00, FY~ OQ/O 1, and 01/02 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
Memorial Day
23.2 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 fora "Floating
Holiday" during the course of the Fiscal Year.
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Section 24. 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 1'eave~-hall be taken.
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Section 25. Leave of Absence Without Pay
25.1. 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 note to exceed six (6) months. No such leave
shall be granted except upon written request of the employee setting forth the reason for
the .request, and the approval will be in writing. Upon expiration of a regularly approved
leave or within a reasonable period of time after notice to return to duty, the employee
shall be reinstated in the positonheld 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.
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Section 26. Compensafory Time Off
Employees. may receive, °in lieu of being paid, for overtime, compensatory time off
at a mutually agreeable time between the .City aiidale employee subject to the operation
requirements of the City and.. with approval determined by the City:. No employee may
earn more than two hundred.foriy (240);~liour§>of Compensatory Time Offper'fiscal year.
CTO hall not be pyramided or compounded:. In'addition, no employeemay retain on the
books more-.than forty hours of unused Compensatory Time at, any ;given point during the
fiscahyear, Amounts submitted in excess of these .limits shall be paid at time and
one-half of'tle"regular rate of -pay.
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Section ~27. 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/herselffrnm 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
. full salary~and any payment received by him,. except travel. pay, for such duty. This
compensation shall not extend beyond twenty (20) working days.
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Section 28. Family Medical Leave- Act .
Pursuant°to the. Family -arid 1VIeSical• Leave,Act of 1,993, FMLA leave maybe.
granted o an employee who has` been,employed; for at least twelve (L2) months by the
~Gity~and who ~has~provided at least 1,25D'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
during the fiscal year 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/her 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 cerff cation of the .condition from a health.
care provider. 'Thee Employer; at Employer expense, may require. a second opinion on the
validity of ahe 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 f rst use paid sck'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 (1'2) weeks. Inany casein 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
during; any Fiscal Year if such leave is` taken because. of the birth of a child or placement
for adoption or foster care of a child, The employee will be responsible for his/her share
of the health insurance cost during the leave..If the".employee does not return from the
leave, he/she is responsible for the total` insurance:prernium paid by' the° employer.
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. ~ OTI3ER:
Section 29. Retirement
The City of Petaluma's retirement plan under the Public Employees' Retirement
System shall consist of the following items:
Miscellaneous Employees: 2% @ 55':
Options: 1959 Survivors Benefit (Level 3)
One year Final Compensation Average
Unused Sick Leave Credit
Military Service Credit -Public Employees
•
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Section 30.'Health and Safety
A, The City agrees that'~it:has the obligation to take reasonable,steps to furnish.
employment and a~:place of employment which is safe.and. healthful for its employees.
B. The Union rriay~report;to the City any conditonwhch it perceives to~be a
working, condition wtuch'is less than safes or healthful; Upon receiving such areport, -the
City agrees to:meef'with the Union to discuss the reported condition.
SC1-90761.1
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Section 31. Grievance'P:rocedure
31.1 Purpose of Rule.
1. To promote improved employer-employee relations by establishing
grievance procedures on matters for which appeal` or hearing is not provided by other
regulations.
2. To afford employees individually or through his/her recognized
employee organization a'systematie 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.
31.2 Matters Subject To Grievance Procedure. The grievance procedure shall
be used to process and resolve grievances arising out of the interpretation, application, or
enforcement of the express terms of this Memorandum of Understanding.
31.3 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, lie/she does not believe the
problem has .been satisfactorily resolved, he/she shall. have the right to discuss it with
his/her supervisor's immediate supervisor; if any, in the administrative service. Every
effort should be made to find an acceptable solution by informal means at the lower
possible level of supervision. If the employee is-not in agreement with the decision
reached by discussion, he/she shall then have the right to file a formal appeal in writing
within ten (10).calendar days after receiving the informal decision of his/her immediate
superior. An informal appeal shall not be taken above the appointing power.
31.4 Formal Grievance Procedure. (levels of review through chain of
command)
1. First level. ofreview-The appeal shall be presented in writing to the
employee's immediate. supervisor, who. 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 his/her supervisor's decision, or if no answer
.has been received. within five (5) calendar days, the employee may present the appeal in
writing to the supervisor's immediate superior. Failure of the employee to take further
action within five (5) calendar days after receipt of the written decision of the employee's
SCI-90761".1
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2. Further lever or levels of review as, appropriate-The supervisor
receiving: the. appeal shall review it,,.render his/her decisions and comments iri writing, and
return them to the employee within five (5) calendar days after receiving. the appeal. If
the employee does not agree, with the decision, .or if no answer has been received within
five (5) calendar days, employee may present the appeal in writing to the_department.
head. Failure ofthe employee`to take further action within five (5) calendar days after
receipt of the decision is rendered, will constitute a dropping of the appeal.
3. Department Review-The department head. receiving the appeal of
his/her designated representative, hould discuss the°grievance with the employee, the
employee's representative, if':any, and with other appropriate persons. The department
head shall render his/her decision and .comments in writing, and return them to the
employee within f ve (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.f ve (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.
4. City Manager-The City Manager receiving'the appeal or`his/his
designated representative should discuss .the ,grievance with the- employee, his/,her
representative, if any, and with-other appropriate persons: The.Cty, Manager may
designate a fact finding committee, officer not in the normal line of supervision, or
Personnel, Board to advise himlher concerning the 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, his/her`representative and the reviewer concerned.
(b) The employee. may request the assistance of another person of
his/her own choosing in preparing, and presenting his/her appeal at any lever 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~deparhment head in
confemng about and presenting- the appeal.
(d) Employees shall'be assured freedom:from "reprisal for using the
grievance procedures.
SC1-90761.1
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Section 32. Discipline '
Right of Discipline. The City, shall have the right to discharge, suspend, demote,
or take any other form of discipline against any employee for due cause.
32.1 Disciplinary Procedures:
a. Other than Termination: Except• for probationary employees unless
otherwise required by law,, any regular employee subject to discipline exceeding three(3)
calendar days suspension is entitled to a written statement of the reasons. for such action,
a copy of `the charges and material upon which such action is based, where applicable,
and the right to respond, either orally or in writing,, concerning the disciplinary action.
Upon request, the employee is entitled. to a hearing in accordance with this MOU.
b. Termination:- Except for probationary ~ employees unless. otherwise
required by law, a regular employee subject to termination is entitled to written notice of
the proposed action, a written statement of the reasons for such action, a copy of the
charges and material upon which such action is based, where applicable, and the right to
respond, either orally or in writing, concerning the proposed termination action. Upon
request, the employee is entitled to a hearing in accordance with this MOU.
32.2 Rules of Appeal to Personnel Board:
a. Ri'
hg
t of Appeal: Any regular employee in the competitive. service
shall have the right to appeal to the Personnel Board any discipline exceeding five (5)
calendar day suspension that he or she believes is unjust, except in instances where the
right of appeal is specifically prohibited by .the Personnel Ordinance, or the Rules and
Regulations and this Memorandum of Understanding.
b. Method of Appeal: Appeals shall be in writing, subscribed by the
appellant, and filed with. the Personnel Officer within three (3) calendar days after the
effective date of .any disciplinary action and unless so filed the right to appeal is lost.
The .Personnel Officer within five days after receipt of the appeal, shall. inform each;
member of the • Personnel Board, the City Manager and such other persons or Officers
named or affected by the appeal or the filing of the appeal. The appeal shall be a written
statement, addressed to the Personnel Board;, explaining the matter appealed from and
setting forth, therein a. statement of the action desired by the appellant, with the reasons
therefor. The formality of a legal pleading is not required.
c. Notice: Upon the filing of an appeal, the. Personnel Officer shall
set a date for; a hearing on the appeal not less than ten (10) days, nor more than thirty (30)
days from the date of filing: The Personnel Officer shall notify all interested parties of
the date, time and. place of the hearing at such places as the Personnel Board shall
prescribe.
SC1-90761.1
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d. ln~esti atg
ion:. Upon the :filing of an appeal, the Personnel Board
may -make such independent investigation of the matter as it may deem; necessary: The
result of-such inve'stigatiori shall be made a part of the record. of.the proceedings and the
appellant shall ,have the right to have a reasonable. time within which. to answer or to
present. evidence in opposition. to the findings of this independent investigation.
e. Hearings: The;,appellant shall appear personally, unless physically
unable to do so, before the Personnel Board at'the time and place of he ,hearings. The
appellant inay be represented by any person or;attorney as may be selected and may at the
hearing produce relevant, oral or documentary evidence. The appellant; shall proceed first
and, 'at the conclusion, opposition matters may then be presented. Rebuttal matter not
repetitive may be'allowed, in the discretion of the Personnel Board. Cross examination of
witnesses shall be permitted. The conduct and decorum of the. hearing, shall be under the
control of the Personnel Board:by its Chair, with due regard to. the rights and privileges of
the parties .appearing before 'it. Hearings :need not be conducted according to technical
. rules relating to evidence and'witnesses. Hearings shall be open unless the appellant, in
writing, requests a closed hearing.
£ Findings and . Recommendations: The ;Personnel Board shall,
within ten .(10) .days after the conclusion of the hearing, certify its findings and decision. in
writing: to the appellant and to 'the City Manager and to ahe person, officer or body
appropriate from. whose action the. appellant. was taken. The City Manager or appointing
power, as appropriate, shall review the, findings and recommendations of the Personnel
Board. and, subject to the provisions of the. City :Charter, may then affirm, revoke or
.modify the: action taken as, in the reviewing party's judgments seems warranted, and the
action taken shall be final. Any .member of the Personnel' Board-may submit a;minority or
supplemental fi"ndng and recommendation„ In case of suspension, discharge or
demotion, the Personnel .Board shall. reinstate any employee to the employee's former
status if proof'is made that the action was for discriminatory reasons:
SCl-.90761..1
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Section 33. Personnel Files
An employee {or his or her representative; on presentation of written authorization
from the employee in a form acceptable to the City) shall have access to non=confidential
portions of the employee's personnel file at a mutually agreeable time. The employee
may be .required to acknowledge the..receipt of any document entered into the employee's
personnel file. No performance evaluations or disciplinary actions containing adverse
comments about an employee's work performance or conduct shall be placed into his or
her personnel file until the employee.has been given the opportunity to review the
document. The~employee may write a response to the document containing the adverse
comments for placement into the personnel file.
x
SC1-90761.1
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Section 34. Probation
All original, transfer, and promotional appointments shall be subject to a
probationary period. The probationary period shall be regarded as part of the testing
process and shall be utilized'for closely observing the employee's work` for securing the
most:effective evaluation of a new employee's work and for rejecting any probationary
employee whose performance does notmeet the required standards of work:
The initial probationary period for Professional employees is twelve (12) .months
for-hire; promotion, and transfer. An :employee's probationary period may be extended
for six (6) months on a case-by-case. basis based on the performance evaluation. Should
an employee be on a leave of absence without pay, the probationary period will be "
extended- for that time. "
During, the probationary period, an employee may be rejected at any time by the .
City Manager without cause and, without the right; of appeal.
Any employee ,rejected during the probationary period following a promotional or
transfer appointment shall be discharged except as provided in Section Transfers and
Promotions. "
Promotions of employees still on probation will result in a new probationary '
period for the class into which the individual was promoted.
SC1-90761.1
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Section 35. Layoff ,and Recall
A. Work Elimination
Should the Citydecide, for labor;cost-control reasons, to permanently eliminate
bargaining unif work by permanently replacing existing bargaining unit positions with
contract or subcontract employees to do the same work,under similar conditions of
employment ("Work Elimination") ,the City agrees to notify the Union. fourteen (14)
days prior to implementation. ofthe Work Elimination, in order to allow the Union to
meet and confer with respect to the effects of the proposed action upon the bargaining
unit°employees and. to .propose effective economical methods, if any, by which such work
. could continue to be provided by the City's own employees.
B. Layoff and Recall
35.1 Statement of'Intent:
Whenever, in the judgment of the City Council, it becomes necessary to abolish
any position of employment due to a reorganization or to separate employees due to lack
of work or funds, the employee holding such position or'employment may be laid off or
demoted without disciplinary action and without the right of appeal.
35.2 Notification:
Employees to be laid off shall be given, whenever possible, at least 14 calendar
days prior notice.
35.3 Vacancy and Demotion:
Except as otherwise,provided, whenever there is a reduction in the work force, the
appointing authority shall first. demote to a vacancy, if any, in a lower classification for
which the employee who is the latest to be laid off in accordance with Section 6 is
qualified. All persons so'demoted shall have their names placed on there-employment _
list.
35..4 Employee Rights:.
An employee affected by layoff shall have the right to displace an employee in the
same department who has less seniority in ~ a lower classification in the same
classification series or- in;2~ a lower classification in which the affected employee once
had regular status. For the purpose of this section and Section 5, seniority includes all
periods of full-time service at or above the classification level where the layoff is to
occur.
`SC1-90761:1 ~ ~ '
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35.5 Seniori
In order to retreatto a.former or lower classification, an employee'must have-more
seniority than at least one of the, ncumbents'in the retreat classifi'cafion, be qualified to
.hold the retreat classification: or have served in the retreat classification prior to the layoff-
and request~displacement action din writing fo `the Personnel Off cer within (5) working
days of receipt of~notice of layoff
Employees wthimeach category, shall. be laid'.off in `reverse. order of seniority
within the classification series. Seniority for the retreat classification would be the
combination of time. served (at or above) mthe layoff classification and any,prior time.
served in the retreat classification:. Ties: will be broken based upon seniorityt of total.. City
service
Employees retreating to a lower or~similar classification shall be placed at the
salary step representing the least .loss of pay. In no case -shall -the salary .be increased
above that received in the classification from which the employee was laid off.
Employees retreating to a lower or similar classification shall serve a probationary
period in the new classification unless they have previously successfully completed a
probationary period in the retreat classification or a higher classification in the serie"s.
35.6 Employment Status: -
In each classification of position :within the competitive sereice, employees shall
be aid off according'to employment status in the following order: 'temporary;
provisional, probationary, and regular.
Temporary,. provisional and probationary employees shall be laid 'off according to.
the :needs ;of the. service as determined by the appointing authority:
35.7 Re-Emnloyment~Listi
The. names of persons laid off or demoted in accordance with these rules shall be '
entered upon a re-employment list: Lists. from different,departments or at different times
for the same classification of position sha1T be combined into a single list.. Such list shall.
be used byevery appointing authority when a va¢ancy.arises in the same~or lower
classification of position before certification is made. from an eligible,list:
35.8' Duration of Re-Employmenf List: '
Names 'of persons laid. off shall be carved on- a re-employment list. for two years.
SC1-90761.1
43
Section 36. Alternate: Work Weeks
A. The City agrees to consider reasonable alternative work week programs
proposed by the Union. Such proposals. ems. 4 day work week, flex scheduling, 9/80, job
sharing) may be considered on a case by case basis by.the City. However, the decision as
to whether and when,. if at all, to. implement such alternate programs; the operation of
.such programs, and the ability to modify and/or terminate such programs,: is left
exclusively with the City.
SC1-90761.1
44
Section 37. Transfers,and`Promotions .
An employee who transfers or promotes to another. City position, shall; fora
period of six months,, be entitled to retre_ auto the job classification formerly held, as. long
as that~posrtion~is currently°unfilled. Such an em to ee shall not be sub'
p Y J ect fo another
probationary period so long as the employee has successfully completed' probation,in the
pre-promotional classification:
5C7-,90761.1
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45 1
Attachment A
Effective July 12, 1999 '
Associate Civil Engineer $ 28.98 $ 30.43 $ 31.96 $ 33.55 $ 35.23
Associate in Civil Engineering $ 27.72 $ 29.11 $ 30.56 $ 32.09 $ 33.69
Plans Examiner $ 25.19 $ 26.45 $ 27.77 $ 29.16 $ 30.62
Associate Planner $ 24.07 $ 25.28 $ 26.54 $ 27.87 $ 29.26
Program Coordinator $ 23.92 $ 25.11 $ 26.37 $ 27.69 $ 29.07
Accountant Analyst $ 22.20 $ 23.31 $ 24.48 $ 25.70 $ 26.99
Buyer $ 21.42 $ 22.49 $ 23.61 $ 24.80 $ 26.04
Assistant Planner $ 21.42 $ 22.49 $ 23.61 $ 24.80 $ 26.04
Housing Coordinator $ 21.42 $ 22.49 $ 23.61 $ 24.80 $ 26.04
Recreation Coordinator $ 14.65 $ 15.39 $ 16.16 $ 16.96 $ 17.81
Effective January 1, 2000 >
e .
Volunteer /Education Adjust in
Coordinator January . -
47
SC1-90761.1
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