HomeMy WebLinkAboutResolution 99-217 N.C.S. 12/06/1999 Resolution N®. 99-217 ~,~,5,
of the City of Petaluma, California
RESOLU'1'lON RA'1'lE'YlNU MENIORANllU1VI OF UNllERS'1'AN171N( EXECU`1"Ell BY
THE DULY AUTHORIZED REPRESENTATIVES OF THE C1TY OF PETALUMA AND
'THE AMERICAN T'EDERA`1'lON OF S`TA'TE, CUUN`1'Y AND 1VIUNICII'AL ENll'LOYEES,
LOCAL 3910A FUR EMPLOYEES OF BARCiA1N1NCi UNIT 1 - CONFLDENTIAL
WHEREAS, the City, through its duly authorized representatives, and the American
Federation of State, County and Municipal Employees, Loca13910A (Bargaining Unit 1) through
it duly authorized representatives, have concluded their mutual obligation to meet and confer in
good faith with respect to terms and conditions of employment for the employees in Unit 1, in
accordance. with the Meyers-Milias-Brown Act and the City's Employer-Employee Relations
Rules and Regulations (Resolution No. 5512 N.C.S.); and
WHEREAS, the duly authorized ,representatives of the City and the American Federation
of State, County and Municipal Employees, Loca13910A have executed a Memorandum of
Understanding pursuant to Section 15, Resolution No. 5512 N. C. S. and recommend its approval
by the City Council; and
WHEREAS, the City Manger, pursuant to Section 28, City of Petaluma City Charter, and
as the City's Municipal Employees' Relations Officer (Resolution No. 5375 N. C. S.) is required
and empowered to make a recommendation to the City Council on matters related to empl"oyees'
compensation; and
WHEREAS, the City Manger has reviewed and concurs with said Memorandum of
Understanding for Unit 1, and does recommend that the City Council ratify said Memorandum of
Understanding.
NOW; THEREFORE, BE 1T RESOLVED the Memorandum of Understanding, being in
the best interest of the :City is ratified and the terms and conditions of said Memorandum of
Understanding (as attached) shall be effective July 12, 1999 through July 7, 2002.
Under the power and authority conferred upon this Council by the Charter of said City.
REFERENCE: I hereby certify the foregoing Resolution was introduced and adopted by the Approved as to
Council of the City of Petaluma at a (Regular) meeting-^-""' rm
on the ._..fitlz day of ............1?~GQlllb8l'........................., 19..9`x.. by the
following vote:
ity Attor
AYES: Healy, Torliatt, Cader-Thompson, Maguire, Vice Mayor Keller, Mayor Thompson
NOES: None
ABSENT: Hamilton ~
ATTEST: t
City Clerk - - Mayor
Council File
(';1 IU.riF Rcs. N(,....9.9-2.17......... N.C.S.
UNIT 1
1VIElVIORANDUM OF UNDERSTANDING
AFSCIVI~E - 3910A
C®NFIDENTIAL
FISCAL YEAI11999-2002
i~eso ~P9 ~-l ~ NGS
SC1-90761.1
TABLE OF CONSENTS
Preamble
General "
UNION MATTERS
Section 1 Term of Agreement
Section 2 Recognition
Section. 3 Dues Deduction
Section 4 UNION-Representatives
Section 5 Access To Work Location
Section. 6 Use Of"CITY OF PETALUIVIA Facilities
Section 7 Bulletin Boards
Section 8 Advance Notice
Section 9 CITY OF PETALUMA Rights
Section. 10 Non Discrimination
Section 11 List Of Employees
COMPENSATION
Section ,12 Salary
Section.. 13 PERS Retirement Contributions
Section 14 Overtime
Section 15 -Stand By Pay
Section 16 Out of Classification Work
Section 17 Payment for Work During Leaves
Section 18 Compensation for Clothing
Section 19 Vacation, Payment at Termination
Section 20 Sick Leave, Payment of
Section 21 Deferred Compensation
Section 22 Retiree Benefit Payment
Section 23 Health and Dental Cash Back
.Section 24 Bilingual Pay
Section 25 Smoking Cessation Plan
INSURANCE
Section 26 Medical Insurance
Section. 27 Dental Insurance
Section 28 Life Insurance
Section 29 Disability Insurance
Section 30 Visian Insurance
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LEAVE
Section 31 Vacation
Section 32 Sick Leave _
Section 33 Bereavement Leave
Section 34 Holidays
Section 35. Military Leave
Section 36 Leave of Absence Without Pay
Section 37 Compensatory Time Off
Section 38 Jury Leave
Section 39 Fanuly Medical Leave Act
®THER
Section 40 Retirement
Section. 41 Health. and Safety
Section 42 Grievance Procedure
Section 43 Discipline Procedure
Section 44 Personnel Files
Section 45 Probation
Section 46 Layoff and Recall
Section 47 Alternate Work Weeks
Section 48 Transfers and Promotions
Section 49 Performance Evaluations
Section 50 New and Changed Classifications
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This Memorandum of Understanding is, entered. into pursuant to the provisions of
the Meyers, Millias, Brown Act, Section 3500 et"seq of the Government Code of the State
of California.
The parties have met and conferred in good faith regarding wages, hours and other
terms and conditions of employment for the employees:in said representation unit, and
have freely exchanged information, opinions and proposals and have reached agreement
on all matters relating to the employment conditions and employer-employee relations of
such employees.
Thies Memorandum of Understanding shall be presented to the City Council of the
- CITY OF PETALUMA as the joint recommendation of the undersigned parties for salary
and employee benefit adjustments for the period July 1.2,;1999 and ending July 7, 2002.
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GENERAI,
SECTION '1
TERM OF AGREEMENT
Th's 1VIOU shall be effective for a three (3) year term for the fiscal year
commencing July 12; 1999 and .ending July 7, 2002.
SECTION 2
RECOGNITION
21. CITY OF PETALYJMA Recognition:
The Municipal Employee Relations Officer of the CITY OF PETALLTMA of
Petaluma or any person or organization duly authorized by the Municipal Employee
Relations Officer, is the representative of the CITY OF PETALUMA of Petaluma,
hereinafter referred to as the "CITY OF PETALIJMA" in employer-employee relations.
2.2. UNION R'eeo~niton
Subject to the statutory rights of self-representation under Government Code
section 3503, the American Federation. of State, County and Municipal Employees, Local
39:1.0 A , U1VIT 1, CONFIDENTIAL, hereafter referred to as the "UNION" is the
recog"nized employee organization for those CONFIDENTIAL positions listed in Exhibit
- ..A
SECTION 3
DUES DEDUCTION
The CITY OF PETALLJMA shall grant payroll deductions for rnern$ership dues
to the: UNION in accordance with the terms of this paragraph.
The .following procedures- shall be observed in the withholding of employee
earnings:
(a) Payroll deductions shall be for a specific amount and uniform as between
employee members of the UNION. Payroll deductions shall be limited solely to
membership dues. Dues deduction shall be made only upon the employee's written
authorization on a payrol deduction form provided by the UNION and approved by the
CITY OF' PETALUMA.
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(b) Authorization, cancellation or modification of payroll deduction shall be
made upon forms provided or approved by the City Manager. The voluntary payroll
deduction. authorization shall remain in effect until erriployrnerit with the CITY OF
PETALLTMA is terminated `or until canceled or modified by the employee by written
notice to the City Manager. Employees may authorize dues deductions only for the
UNION certified as the recognized representative of the unit to which such employees are ,
assigned. Any dues deduction authorization will automatically terminate in the event that
the LTNION's status as exclusive representative for the bargaining unit members
terminates.
(c) Amounts deducted and withheld by the CITY OF PETALUMA shall be
transmitted to the officer designated in writing by the UNION as the person authorized to
receive such funds at the address specified.
(d) The employee's earnings must be sufficient, after all other required
deductions are made, to cover the amount of the deductions herein authorized. When. an
employee is in a non-pay status for an entire pay period, no withholdings will be made to
cover that pay period from,future earnings nor will the employee deposit the amount with
the CITY OF PETALUlVIA which would have been withheld if the employee had been in ,
pay status during that period. In the case of any employee who is in anon-pay status
during a part of the pay period, and the salary is not sufficient to cover the full
withholding, rio deduction. shall be made. In this connection, all other required deductions
have priority over the UNION dues deduction.
(e) The UNION agrees to indemnify, defend and hold the CITY OF
PETALUMA harmless against any claim made and:aganst any suit initiated against the
CITY OF PETALUMA on.account of check-off of UNION dues. In addition, the
L' TNIQN shall refund to the CITY OF PETALLTMA any amounts paid to it in error upon
presentation of supporting evidence.
SECTION 4
UNION REPRESENTATIVES
CITY OF PETALUMA employees who are official representatives of'tle LTIVION
shall be given. reasonable time. off with pay to attend. meetings. with management
representatives.; investigate grievances, or be present at hearings where matters within the
scope of representation or grievances are being considered. The use of official time for
this purpose shall be .reasonable and shall .not interfere with the performance of CITY OF
PETALUMA services as determined by the CITY OF PETALUIVIA. Such employee
. representatives shall request time off from their respective supervisor and coordinate
work schedules. Except by mutual agreement, the.number of employees excused for such
purposes shall not exceed three (3). However,:. in order that any given department not be
unduly burdened by the released time requirements, in no case shall more than one
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representative frorn.any particular job classificatior? in the same Department be allowed
released time pursuant to th's section at any given time. If two or more employees
request to be excused from any one department :pursuant to this section, subject to the
approval of the Department Head or his/her designee.
No employee other than an official representative on released time pursuant to this
provision shall attend to or conduct UNION business while on duty, nor shall CITY OF ,
PETALUMA equipment be utilized for such matters except as specifically authorized by
this MOU.
SECTION 5
ACCESS TO WORK LOCATION
• Reasonable access to employee work locations shall be granted officers of the
UNION, and their officially designated representatives for the purpose of processing
grievances or contacting members of the UNION concerning business within the scope of
representation. Such officers, or representatives shall notify the CITY OF PETALUMA
Personnel Director, or his designee prior to entering onto CITY OF PETALUMA
premises for such purposes;,, .Access shall be restricted so as not to interfere with the
normal operation of the department or with established safety or security, requirements.
Solicitation of membership and activities concerned with the internal management -
of the UNION, such as collecting dues, holding, membership meetings, campaigning for
office, conducting elections and distributing literature, shall not be conducted. during
working hours.
SECTION 6
US>E~ OF CITY OF PETALUlVIA FACIEITIES
CITY OF PETALUMA employees or the UNION or their representatives may,
with the prior approval of the.Personnel Director, be granted the use of CITY OF
PETALUMA non public access facilities during non-working hours for meetings of
CITY OF PETALUMA erriployees provided space is available. All such requests shall
state the purpose or purposes of such meetings. The use of CITY OF PETALUIVIA
equipment' other than items normally used in the conduct of business meetings, such as
desks, chairs; and blackboards is strictly.prohbited, the presence of such equipment in
approved CITY OF PETALUMA facilities notwithstanding.
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SECTION 7
>BULI.ETIN BOARDS
The UNION may use portions of CITY OF PETALUMA bulletin boards under
the following conditions:
1. All material must be dated and must identify the UNION that
published them.
2. Unless special arrangements are made, .materials posted will be
removed thirty (30) days after the date first posted.
3. The CITY OF PETALUMA reserves the right. to determine where
bulletin boards shall be placed and what portion of them are to be allocated to
UNION materials.
4. If the UNION does not abide by these rules., it will forfeit its right
to have material posted on CITY OF PETALUMA bulletin boards.
SECTION 8 .
ADVANCE NOTICE
Except in cases of declared emergencies, reasonable advance written notice shall
be given the UNION of any grdnance, rule, resolution or regulation directly relating to
matters within the scope of representation proposed to be adopted by the City Council
and shall be given the opportunity to meet and confer prior to adoption.
In eases of emergency when. the City Council determines that an ordinance, rule,
resolution or regulation within the scope of representation. must be adopted immediately
without prior notice or meeting and conferring, with the UNION, the CITY OF
PETALUMA agrees to meet and confer within a reasonable and practical time after the
_ termination of the emergency situation.
During the.course of such declared emergencies, the CITY OF PETALUMA shall
have the sole discretion to act as may be required d'uri`ng the course of the emergency to
ensure the,provis`on of what it determines to be adequate and necessary public service,
including, if .necessary, the authority to temporarily suspend any provision of this MOU.
Upon the. termination of said emergency, the terms .and conditions of the existing
Memorandum of Understanding will again become effective.
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1 ,
SECTION 9
CITY OF PETALUMA RIGI~TS
It is the right of the CITY OF PETALUMA to make decisions of a managerial or
administrative character including: decisions on the type, extent and standards or services
performed, decisions on the methods, means and personnel by which the CITY OF
PETALUMA operations and services are to be conducted, and those necessary to exercise
control over CITY OF PETALUMA government operations in the most efficient and
economical manner practicable and in the best interests of the CITY OF.PETALUMA
residents. All managerial functions and rights to which the: CITY OF PETALUIVIA has
not expressly modified or restricted by specific provision of this MOU shall remain with
the CITY OF PETALUMA.
SECTI®N 10
NON-DISCRIIVIINATION
The CTTY OF PETALUMA will not interfere with or discriminate in any way against :any
employee by reason of his/her membership in, or activity required by this Agreement, or
will the CITY OF PETALUMA discourage membership in the UNION or encourage
membership in any other UNION.
The CITY OF PETALUMA and the UNION agree to apply the terms of this Agreement
without discrimination as to age, sex, sexual preference, religion, race, color, creed,
national origin, marital status, Vietnam Veteran status as defined by applicable state.
and/or federal law and/or because of an employee's participation ornon-participation in
those activities recognized by .applicable law as legitimate UNION activities.
Additionally, insofar as the Americans with Disabilities Act may require
accommodation for individuals protected under the Act, and because these
accommodations must be determined on an individual, case-by-case basis,. the parties
agree that, subject to the limitations imposed by this paragraph, the provisions of the
Agreement may be disregarded in order for the CITY OF PETALiJMA to avoid
discrimination relative to hiring, promotion, granting permanency, transfer, layoff,
reassignment, termination; `rehire-rates of pay, job and duty classification, seniori y,
leases, fringe lienefits, training opportunities, hours of work or other terms and privileges
or opportunities. The UNION recognizes and agrees that the CITY OF PETALUMA has
the legal obligation to meet with the individual .employee to be accommodated before any
adjustment. is made in working conditions. However, the CITY OF PETALUMA agrees
to notify'the UNION prior to implementation of an accommodation program. that. will
significantly alter the terms and conditions of other bargaining unit employees'
employment, and to meet and confer upon request in those instances. The UNION
understands and. agrees that, in agreeing to meet in ouch instances, the CITY OF
PETALUMA may take those steps reasonably necessary in the circumstances to protect
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individual employees' sigh"ts to privacy and rights to~ :CONFIDENTIAL medical
information.
In the event that the CITY OF PETALUMA and the UNION are unable to agree with
respect to the proposed accommodation, the UNION may resort to a court of competent
jurisdiction for any relief it believes it may be entitled to. However, until otherwise
ordered by a court of.competent jurisdiction, the CITY OF PETALUMA may implement
the proposed accommodation if the CITY OF PETALUIVIA and the UNION are unable to
reach agreement.
Any accommodation provided to an individual shall not establish a past practice, nor shall
it be cited or used as evidence of a past practice.
SECTION 11
LIST OF EIVIPI,OYEES.
The CITY OF PETALUIVIA agrees to annually furnish the UNION with the
names,, classifications, and dates of hire for all members of the UNIT 1 CONFIDENTIAL
bargaining. unit no later than. September.
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C®MPENSATION
SECTION 12
SAI;AItY
Cost of Living and Equity Adjustments
The CITY OF PETALiJN1A shall adopt the following salary for each of the employees in
the following classifications. These salaries shall be effective as follows:
July 12, 1999
Administrative Secretary (Confidential) $16.96 $1,7:81 $18.70 $19.64 $20.62
Deputy City Clerk (Confidential) $16.30 $'17.11 $:17.97 $18.86 $19.81
Information .Systems .Analyst (confidential) $23.94 $25.14 $26.40 $27.72 $29.10
Information Systems Technician (Confidential) $18.94 $19.89 $20.89 $21.93 $23.03
Office Assistant II (Confidential) $13,5.8 $L4.26 $14.97 $15.72 $16.50
Payroll Technician (Confidential) $18.26 $19..17 $20..13 $21.13 $22.1-9
Personnel Technician (Confidential) $18.26 $19.17 $20.13 $21.13 $22.19
Secretary (Confidential) $14.55 $15.27 $16.04 $16.84 $17.68
.Judy 10, 2000
Administrative Secretary (Confidential) $18.06 $18.97 .$19.92 $20.91 $21.96
Deputy City Clerk (Confidential) $17.75 $18.63 $1.9.56 $20.54 $21.57
Information Systems Analyst (confidential) $25.50 $26.78 $28.1:1 $29.52 $3.1:00
Information Sys"terns Technician (Confidential) $20.18 $21.1:8 $22.24 $23:36 $24:52
Office Assistant II (Confidential) $14.42 $15.14 $15.90 $16.69 $17.53
Payroll'Technician (Confidential) $19.68 $20.66 $21.70 $22.78 $23.92
Personnel: Technician. (Confidential) $19.68 $20.66 $2.1.70 $22.78 $23.92
Secretary (Confidential) $15.81 $16-,60 $17.43 $18.31 $19.22
July 9, .2001
Administrative Secretary (.Confidential) $19.24 $20:20 $21.21 $22.27 $23.38 .
Deputy City Clerk (Confidential) $19.32 $20.29 $21.31 $22.37 $23.49
Information Systems Analyst (confidential) $27.16 $28.52 $29.94 $31.44 $33.01
Information Systems Technician (Confidential) $21.49 $22.56 $23.69 $24.87 $26.12
Office Assistant II` (Confidential) $15.31 $16.08 $16.88 $17.73 $18.61
Payroll Technician (Gonfidenfial) $21.22 $22:28 $23:39 $24.56 $25.79
Personnel Technician (Confidential) $21.22 $22.28 $23.39 $24.56 $25.79
Secretary (Confidential) $17.19 $18.05 $18.95 $19.90 $20.89
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A Cost of Living Adjustment. of 3:5% and the following Equity Adjustments for each
classification listed are included~n. the above calculations for each of the 3 years.
Equity Adjustments
Administrative Secretary 3.0 %
' Deputy City Clerk 5.6%
Secretary 3,8%
Office Assistant II 3.3%
Information Systems Analyst 3.0%
Inforrnatian Systems Technician 7.6%
Personnel Technician 4.6°Io
Payroll Technician 4.6%
122. Premium Payment.
Rositions .assigned to the Confidential Unit shall receive a premium payment of $50.00
per month.
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SECTION, l3'
PERS RETIREMENT' CQNTRIBi1TIONS
The percentage of each employee's PERS contribution previously paid by the
CITY OF PETALUMA 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 OF PETALUMA 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 of Petaluma Resolution
90-363. 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 OF PETALUMA will
withhold the employee''s contribution from the employee's pay, and the CITY OF
PETALUMA will make the employee's payment of the employee 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 FICA/social security. The following is an example of the application of IRC 414(h)(2)
as applied to miscellaneous employee.
An employee makes $1,000 per month base salary. Under the prior contract the
employee was not responsible for paying 7% of the required 7% employee contribution.,
The CITY OF PETALUMA was responsible for paying 7% ($70.00), which was a CITY
OF PETALUMA 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 $.1,070. Of this, 7% (approximately $75.00) will be padto PERS
from the $1,070. The full 7% will be tax exempt and this means the employee will pay
taxes on $995.00.
SECTION 14
®VER'rIME
14.1. General. All hours worked in excess of eight (S) 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 one-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.
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Employees who are working;an Alternative Workweek of 40 hours per work week shall
be paid overtime for'hours: worked beyond the regularhy assigned hours for that day in
accordance with the CITY OF PETALUMA's Alternative Workweek Policy.
14.2. Minimum. Ariy employee required to work overtime shall, in no case, be
compensated for less than one hour for such overtime.
14.3. 1Vlinimum 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.
SECTION 15
STAND 13~
If, in an. emergency situation, an employee in this .unit i~s asked to leave work
before the end of his/her scheduled work day with the,expectation that he/she will be
called. back to work to finish the remainder of their work day at a later time, but.. the
employee is not in fact called back to work that day, the CITY OF PETALUMA agrees to
compensate the employee for the full normal working`day. In exchange, up until the time
that the employee's regularshift is scheduled to end,-such..employees will be on standby
status, without any entitlement to any extra compensation. Except as so specified,
employees in this unit are not required to work on a stand by basis.
' ~ ~
SECTI®N 16
O.UT OF CI,ASSIFIGATION'W®ItK
16.1. Unit members who are asked to perform out-of-class work are eligible for
out-of-class pay when 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 assigning the: duty prior to engaging in
the assignment.
C. If the member 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.
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162 hate of Compensation. Members: performing out-of-class work shall be
compensated at an additional five (5°Io) percent on an hour-per-hour basis when such
work is being perforrried.
16.3 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.
SECTION 17
PAYMENT FOR WORK DURING LEAVES
When it becomes necessary because of an emergency to have employees work
during legal holidays or during'scheduled vacation leaves, such employees working on
such legal holidays and during periods of vacation shall be entitled to receive additional
remuneration at the rate of one and one-half times their regular rate of pay.
SECTION 18
COMPENSATION FOIZ CLOT>FIING
18.1 General. The City Manager is authorized to provide compensation to
CITY OF.PETALUMA employees for loss or damage to their clothing that occurs during
the course of carrying out an official duty. A request for°compensation hereunder shall be
submitted in writing, in detail; to the City .Manager via the department head concerned.
The amount of compensation, if any, shall be at the discretion of the City Manager.
18.2.. Work Boots. The CITY OF PETALUMA shall pay the cost of safety work
boots up to $150.00 -per Fiscal Year upon receipt being: provided to the Personnel Office.
Each employee, covered by this section upon completion of his/her initial probationary
period will be credited the above amount and may, draw down through the submittal of
invoices to the CITY OF PETALUMA.
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SECTION ~1'9
VACATIQN. PAYMENT .AT TEI~IVIINATION
Employees who leave CITY OF PETALLTMA employment shall be paid in a
lump sum for all accrued vacation leave earned prior to the-effective date of termination
not. to exceed two (2) years accumulation.
SECTION 20
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 OF PETALUMA, the employee shall
be paid or shall receive to his/her 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.
SECTION 21 '
I)EFERREI) COMPENSATION
The CITY OF PETALUIVIA shall make available to the members of this unit the
CITY OF PETALLTMA's beferred Compensation Plan.
SECTION 22
RETIREE BENEFIT PAYMENT
1. RETIRED Employees. An employee with twenty (20) years of service and who. is
age SO 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
decrease in the amount of $5.00 per year to $0.00 after 20 years if the retired employee
continues in the PEMCHA plan as a retiree. Should the retired employee not continue in
` the PEIVICHA plan, he/she will be eligible for the full :$'100.00. It is the responsibil'i'ty of
the retiree to notify the CITY OF PETALUlV1A'n writing that he/she. is not being covered
by the PEIVICHA plan and the CITY OF PETALUMA will commence payment of the
$100:00 at the beginning of the month following the receipt of written notice by the
retiree.
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 retred.employee not continue in the
PEMCHA plan, that retired employee= will be ,eli'gible for an amount of $120 as a direct
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payment as a retiree service benefit. It is the. responsibility of the retiree to notify the
CITY OF PETALUMA in writing that he/she is not being covered by the PBNICHA plan
and the CITY OF PETALUMA will commence payment. of the $120.00 at the beginning
of the month following the receipt of written notice by the retiree.
3. Those amounts, listed in paragraph 2 above, shall be adjusted to the following
amounts: ,
Effective July 10, 2000: $30.00 per month totaling $130.00 per month
Effective July 9, 2001: $40.00 per month totaling $140.00 per month
.SECTION 23
HEAI;TIILDENTAL CARE CASK BACK
An eligible employee :may request cancellation of 'the employee's CITY OF PETALI7MA
paid medical and/or dental insurance coverage under Section 125 of the IRS Tax Codes
upon presentation to the CITY OF PETALUMA of satisfactory proof that he/she has
medical and/or dental insurance coverage from another source. Such arequest may be
made during the open enrollment for PEMCHA medical elections but will be; in all cases,
subject to the termsand conditions and cancellation requirements of the particular plan.
When the employee has demonstrated such coverage to the CITY OF PETALUIVIA's
satisfaction, the CITY OF PETALUMA 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 employee's medical coverage, and commencing
on the date of cancellation of such policy, the CITY OF PETALUMA will instead. pay to
the eligible employee, on a monthly basis, an amount equal to 50°Io 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 OF PETALUMA shall
calculate the monthly premium amount which would be paid by the CITY OF
PETALUIVIA 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 rrionthly cost of the
employee's. current plan coverage is less than the monthly HPR cost, then the lower figure.
shall be used. In the event coverage is canceled only for the. employee's spouse or
dependent children,. the'reirnbursement 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 OF PETALUMA
will instead pay to the eligible employee, on a monthly basis, an amount equal to 50°Io of
the CITY OF PETALLTMA's internally generated estimated monthly cost of the self-
funded dental. costs.
17
SC1-90761.1
Any employee canceling coverage will be required, to meet.. all rules and conditions of the
particular plan„including, but not limited to; allrules and conditions governing
administration; cancellation, and re-enrollment. eligibility.. By requesting a cash payment
pursuant to this section, such employee understands aril agrees as a condition of receipt
of this payment; that re=enrollment el~igi~bility into any plan is not guaranteed.
SECTION 24
BILINGUAL PAY
Effective July 12, 1999, qualified represented members will. be eligible for bilingual pay
at $130 per month.. To qualify,. employees must be tested. for fluency at a high skill level
proficiency rate for Spanish. Should a Department;Head determine that other languages
are :appropriate, the Department Head shall designate that language as eligible for
Bilingual. Pay.
Testing procedures and skilLlevels of proficiency shall be determined by the CITY OF
PETALUIVIA after meeting and discussing this issue with the UNION. For those who
successfully complete the initial testing, this section will be retroactive to Judy 12, 1999
or the date-of-hire, whichever is applicable.
SECTION 25
SMOKING CESSATION PLAN
The CITY OF PETALUlVIA .agrees to provide any member of the Unit up to $50.00 for
completion of a smoking cessation program, upon receipt of the certificate of completion.
18
SC1-90761..1 '
Il~1SLJRANCE
SECTION 26
.MEDICAL INSURANCE %
26:1. ACTIVE.Employees. The CITY OF PETALUMA shall participate in the
Public Employees' Medical Health `Care Act (PEMCHA) for members of UNIT 1
(CONFIDENTIAL). The premium paid by the CITY OF PET,ALUMA toward this
program shall be in the amount of $100.00 per month per employee.
26.2. Other Health and Welfare Payments. The CITY OF PETALUlVIA shall
provi"de to the active members of`UNTT 1. additional monthly health and welfare payments.
equal the PEMCHA,. Health Plan of the Redwoods premium amounts less $100.00.
SECTION 27~ .
DENTAL. INSURANCE
The CITY OF PETALUMA shall provide: for a group Delta Dental Insurance
Program for CITY OF PETALUMA employee and dependents in this Unit. Additionally,
the CITY OF PETALUMA shall contribute toward ari Orthodontist plan $1,000 per child
of a 50% co-payment rate. 'The CITY OF PETALUIVIA shall pay, during the period of
thi`s.Compensation Plan the full cost toward the CITY OF PETALUMA group dental
program coverage program
SECTION 28
LIFE INSURANCE
The CITY OF PETALUMA shall provide for a group term life insurance program
for CITY OF PETALU1VIAremployees in this Unit. The CITY OF PETALUMA .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.:
19
SC1-90761.1
SECTION 29
DISABILITY INSUR°ANCE
29.1 Short-Term.. Disability Insurance. The CITY OF PETALUMA agrees
that employees in this unit may, on a purely voluntary basis and at their own expense,
participate. in AFLAC's short-term .disability insurance, as long as the number of
employees electing to ,participate in the program meets the minimum participation
standards set by the carrier. .
29.2 Long-Term Disability Insurance. The CITY OF PETALUMA shall
provide for along-term disability plan, with the premium to be -paid for by the CITY OF
PETALUMA.
SECTION 30
VISI®N PROGIZAlVI
The CITY OF PETALUMA shall provide a Vision.Plan for employees and
dependents. The cost shall be'paid' for by the CITY OF PETALUMA.
20
SC1-90761.1
LEAVE
SECTION 31 -
VACATION
31.1. Accrual All regular employees of the CITY OF PETALLTMA, 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 AETALUMA, after five (5) years of
continuous service with the CITY.OF PETALUMA, and beginning with the sixth year,
shall be entitled to the equi alent of one hundred twenty (.120) hours of vacation per year.
After ten. (10) years of continuous service with the CITY OF PETALUMA, 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.
3.1.2 Sehedulin~. 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.
31.3. 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 to 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.
31.4 Uaa~e. An employee. may begin to use accrued vacation after successfully
completing. his/17er probationary period with the CITY OF PETALUMA.
21
SC1-90761.1 '
SECTION 32 -
SICI~ LEAVE.
_ 32.1. 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 case of personal illness, disability or the serious illness or
injury of an employee's famlymember that requires the employee's attention. The term
family members shall include: spouse, domestic partner, children, parents, spouse's
parents, brothers, sisters or other individuals whose relationship to the employee is that of
a dependent or near dependent.
32.2. Accrual. Sick leave shall accrue to all full-time employees at the rate of
eight hours for each month of continuous service.
32.3. Notification Procedures. In order to receive compensation while .absent on
sick leave, the employee shall notify his/her immediate superior or the Personnel Office.
prior to or within four hours after the time set for beginning his daily duties as may be
specified by the head of his/her department. When absence is for more than three days
duration, the employee may be required to file a physician's certificate with the Personnel
Office stating the cause of the absence.
32.4. Relationship to Workers Compensation. Benefits shall be payable in
situations where miscellaneous employee absence is due to industrial injury as provided
inCalifornia State Workers' Compensation Law. During the. first one hundred. sixty work
hours when the employee's absence has been occasioned by injury suffered during his/her
employment and he/she receives Workers' Compensation,. he/she shall receive full pay. .
Medical appointments related to industrial injury or illness shall be calculated on an.
hourly basis. 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 OF PETALUMA shall pay him/her the regular salary, based on the
combination of the Worke'rs' Compensation benefit plus 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 OF PETALUMA 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.
22
SC1-90761.1
32.5. 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
departmenthead, to the Personnel Office naming the individual to receive the sick leave
and the amount donated, with the following restrictions:
1. Employees who wish to transfer sick leave must retain a
minimum of 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.
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.
SECTION 33
BEREAVEMENT LEAVE .
33.1 ~erea~ement Leave. In the event of the death of an emplo.yee's spouse, registered
domestic partner with the .Human Resources Department., mother, step-mother,
mother-in-law, father, step-father, father-in-law,, brother, sister, brother-in-law;, sister-in-
law, child,including an adopted child, or grandchild and grandparent, 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 shal-1 it have any monetary value if unused.
23
SC1-90761.1
SECTION 34
HOLIDAYS
34.1. Fixed Holidays. The CITY OF PETALUMA shall observe twelve (12)
fixed-date holidays. These holidays shall be established for the CITY OF PETALiJMA's
fiscal year as determined by City Council resolution
The Holidays for FY 99/00, FY 00/O1, 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
When a holiday falls on a Saturday, that holiday will .be observed on the prior Friday.
When a holiday falls on a Sunday, that holiday will be observed on the following '
Monday. Should this conflict with a Friday or Monday designated holiday, the Friday or
Monday holiday will occur on the preceding Thursday or following Tuesday.
Observance by an employee of a designated religious event may be granted, ifpractical,
with. at least seven (7) days prior approval required for such leave, under the following
methods:
1. Time charged to accrued vacation allowance; or
2 Time off without pay.
X34.2. Fl'oatn~ Holidays. During the Fiscal Year the CITY OF ~PETALLTMA 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°bhe CITY OF PETALiJMA. Employees, hired between July 1, and
December 31, will be eligible fora "Floating Holiday" during the course of the Fiscal
Year.
- 24
SC1-90761.1
SECTION 35
MILITARY LEAVE ,
Military leave shall be arranged in accordance with the provisions of`State Law.
All employees: entitled to military leave shall give .the appointing power an opportunity
within the limits of military regulations to determine when such leave shall be taken.
SECTION 36
LEAVE OF ABSENCE WITHOUT PAY
36.1. 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 not to exceed six (6) months. No such leave
shall be granted except upon written request of the employee setting forth the reason for
the request, and the approval will be in writing. Upon expiration of a regularly approved
leave or within a reasonable period of ti"me 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 fo duty, shall be cause for discharge.
SECTION 37
COIVIPENSATOItY ~IlVIE OFF
Employees may receive, in lieu of being paid for overtime, compensatory time off
at a mutually agreeable time between the CITY OF PETALLTMA and the employee
subject to the operation requirements of the CITY OF PETALUMA and with approval
determined by the CITY OF PETALUMA. No employee may earn more than two
hundred forty (240) hours of Compensatory Time Off per fiscal year. CTO shall not be
pyramided or compounded. In addition, no employee may retain on the books more than
forty hours of unused Compensatory Time at any given -point during the fiscal year.,
Amounts submitted in excess of these limits shall be paid. at time and one-half'of the
regular rate of"pay.
25
SC1-90761.1
1 .
SECTION 38
JUDY LEAVE
Every classified employee of the CITY OF PETALUMA who is called or required
to serve as a trial juror shall be entitled to absent. himself/herself from his/her duties with
the CITY OF PETALLTMA 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. For Grand Juries, this compensation shall not extend beyond twenty
(20) working days. -
SECTION 39
FAMILY .MEDICAL LEAVE ACT
Pursuant to .the Family and Medical Leave Act. of 1993, FMLA leave maybe
granted to an employee who has been employed for at least twelve (12) months by the
CITY OF PETALUMA and who has provided at least 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 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 forthe 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 noti'ee 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 opnion,.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. ease 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
during any Fiscal Year if such leave is taken because of the birth of a child or placement
26
SC1-90761.1
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- premium paid by the employer.
27
SC1-90761.1
SECTION 40
RETIREMENT
The CITY OF PETALUIVIA'S retirement plan under the Public Employees'
Retirement System shall consist of the following items:
Miscellaneous Employees: 2°Io @ 55.
Options: 1959 Survivors Benefit (Leve13)
One year Final Compensation Average
Unused Sick Leave Credit
Military Service Credit -Public Employees
SECTION 41
HEALTH AND .SAFETY
A. The CITY OF PETALUMA 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 may report to the CITY OF PETALUMA any condition, which it
perceives to be a working condi ion that is less than safe or healthful. Upon receiving
such a report, the CITY OF PETALUMA agrees to meet with the UNION to discuss the
reported condition.
C. A Safety Conunittee composed of one member. of this Unit and a member'of
management shall meet with other Unit designees in a.Safety Committee that shall meet
at least twice yearly to discuss safety practices, methods of reducing hazards, safety
training, building inspections and other mandatory elements of the CITY OF
PETALUMA's Injury and Illness Prevention Program.
28
SC1-90761.1
SECTION 42
.GRIEVANCE PROCEI).UIZE
42.1. Purpose of~Rule
1. To promote improved erriployer=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 systematic .means of obtaining further consideration of problems
after every reasonable effort has failed to resolve them through discussions.
3. To provide that grievances shall be settled as near as possible to the
point .of origin:
4. To provide that appeals shall be conducted as informally as
possible:
42.2. 1Vlatters Sub:iect '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.
42.3. 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,. he/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 (1.0) calendar days after receiving the informal decision of his/her immediate
superior. An informal appeal shall not be taken above the appointing power.
42.4, Formal. Grievance Procedure (levels of review through chain of
command)
1. First level of review. 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
29
SC1-90761.1
action within five (5) calendar days after recepf of ;the written decision of the employee's
supervisor, or within the total of fifteen (15) calendar days if no decision is rendered, will
constitute a dropping of the appeal.
2. Further level or levels of review as appropriate The supervisor
receiving the appeal shall review it, render his/her decision and comments in writing, and
return 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 of the 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, should 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 five (5) calendar days after-receiving the appeal. If the employee does
not agree with the decision reached, or if no .answer has been received within five (5)
calendar days after receipt of the decision orwithn a total of fifteen (15) calendar days if
no decision is rendered, will constitute a dropping of the appeal.
4. CITY OF PETALUNIA City Manager receiving the appeal or
hies/his designated representative should discuss the grievance with the employee, his/her
representative, if any, and with other appropriate persons. The City Manager may
designate a fact finding committee, officer not in the normal line of supervision,. or
Personnel Board to advise him/her 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 level of review.
(c) The employee and his/her representative may be~privileged to use a
reasonable amount.of work time as determined.by the appropriate department head in
conferring about and presenting. the appeal.
(d) Employees shall be assured freedom from reprisal for using the
grievance procedures.
30
SC1-90761.1
SECTION 43
DISCIPLINE PR®CEDI(JRE~
Right of Discipline. Thee CITY OF PETALUMA shall have the right to discharge,
suspend, demote, or take any other form of discipline against any employee .for due cause.
43.1 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 whicfi 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.
43.2. Rules of Appeal to Personnel Board;
a. Right 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 1Vlemorandum 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 OF PETALUMA 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
31
SC1-90761.1
the date, time: and place of the hearing at such places as the Personnel Board shall
prescribe:
d. Investi
a~ 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. investigation 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 ofthis 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 the hearings. The
appellant may 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.
f. 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 OF PETALUMA City Manager 'and; to the
person, officer or body appropriate from whose action. the appellant was. taken. The
CITY OF PETALUlVIA 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 OF PETALUMA .Charter, may then affirm, revoke or modify the action
taken as, in the reviewing .party's judgment, seems warranted, and the`. action taken shall
be final. Any member of the Personnel Board may submit a minority or supplemental:
finding 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.
32
sc1-9o~6i.i
SECTION 44
PERSONNEL FILES
An employee (or his or her representative, on presentation of written authorization
from. the employee in a form acceptable to the CITY OF PETALUlV1A) 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.
REMOVAL OF LETTERS' OF COUNSELING
Employees may request in writing to the Department Head with a copy to the Human
Resources Director that letters of counseling which are three (3) or more years old be
sealed and kept separate from the employee's personnel files. Said letters of counseling
shall be removed and destroyed provided the following conditions are met:
a. The file does not contain subsequent letters of reprimand or records of disciplinary
action~nvolving the same type of infraction in which case the prior letter of~
reprimand will remain in the employee's personnel file until the most current related
letter of reprimand or record of disciplinary action is three (3) years old.
b. The employee has not been notified in writing of pending disciplinary action at the
time the written request to remove said letters of reprimand is received by the
Department Head.
SECTION 45
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 not meet the required standards of work.
The initial probationary period for CONFIDENTIAL Technical employees is
twelve (12) months and for CONFIDENTIAL Clerical employees six (6) 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
33
SC1-90761.1
.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 OF PETALiJMA 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.
SECTION 46
LAYOFF AND RECALL
A. Work Elimination
Should the CITY OF PETALLTMA decide, for labor cost-control reasons, to
permanently eliminate bargaining unit work bypermanently-replacing existing bargaining
unit positions with contract or subcontract employees to do the same work under similar
condi ions of employment ("Work Elimination") ,the CITY OF PETALiJMA agrees to
notify the UNION fourteen (14) days prior to implementation of the 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 OF
PETALLJMA's own employees.
B. Layoff and Recall
46. 1. Statement.of Intent. Whenever, in the judgment of the City Council, it
becomes necessary to abolish anyposition 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. Elie. right
of appeal.
46.2. Notification. Employees to be laid off shall be given, whenever possible,
at least 14 calendar days prior notice.
46..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 classificationfor w-hich the employee who is the latest to be laid off in
34
SC1-90761.1
accordance with Section 6 is qualified. All persons so demoted shall have their names
placed on the re-employment list.
46.4 Employee Yiights. 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
45.5., seniority includes all periods of full-time service at or above the classification level '
where the layoff is to occur.
46.5 Seniority. In order to retreat to a former or lower classification, an
employee must heave more seniority than at least one of the incumbents in the retreat
classification,_be qualified to hold the retreat classification or have served in the retreat
classification prior to the layoff :and request displacement action in writing to the
Personnel..Officer within (5) working days of receipt of notice of layoff.
Employees within each 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) in the layoff classification and any prior time
served in the retreat classification. Ties will be broken based upon seniority of total
CITY OF PETALUMA service
Employees retreating to a lower or similar classification shall be placed at the
salary step representing the;least loss of pay. In no case shall the salary be increased
above that received in the classification from which the employee was laid off.
Employees retreating to a lower or similar classification shall serve a probationary
period in the new classification unless they have previously•successfully completed a
probationary period in the retreat classification or a higher classification in the series.
46:6. Emplo~ment'Status. In each classificaton of position within .the
competitive service, employees shall be laid off according to employment status in the
following order: temporary, provisional, probationary, and regular.
Temporary, provisional and probationary employees shall be laid off according 'to
the needs of the service as determined by the appointing authority.
46:7. ,Re-Employment`List. The names of persons laid off or demoted in
accordance with these rules shall be entered upon a re-employment list. Lists from
different departments or at different times for the same classification of position shall be
combined into a single list based on seniority. Such list shall be used by every appointing
authority when a vacancy arises, based on seniority, in the same or lower classification of
position before certification is made from an eligible list..
35
SC1-90761..1
46.8. Duration of'R`e-Employment List
Names of persons-laid off shall be carried on a re-employment list for two years.
.SECTION 47
ALTE'R'NATE WORK WEEKS
A. The CITY OF PETALUMA agrees to consider reasonable alternative work
week programs proposed by the UNION. Such proposals 4 day work week, flex
scheduling, 9/80, job: sharing) may be considered on a case by case basis by the CITY OF
PETALUMA. 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 OF PETALUMA.
SECTION 48
TRANSFERS .AND PROMOTIONS
An employee who transfers or promotes to another CITY OF PETALUMA
position shall, for a period of'six months, be entitled to retreat to the job classification
formerly held, as long as that position is currently unfilled. Such an employee shall not .
be subject to another~probationary period, so long as the employee has successfully
completed probation in the pre promotional classification.
SECTION 49
PERFORMANCE EVALUATIONS
49.1. Performance evaluations are a process designed to acknowledge the
perforrriance of an employee.
49.2 A probationary employee shall receive at least one performance evaluation
during. his/her probationary period at or near the midpoint of the probationary period..
. 49.3. An employee who disagrees. with his/her performance evaluation shall be
given .opportunity to submit a written.response to the evaluation. The response will
accompany the. performance evaluation in the employee's personnel file. The contents of
a performance :evaluation shall not be subject to the provisions of the Grievance
Procedure of `this agreement.
36
SC1-90761.1
SECTION 50
NEW OR CIIANG`EI) CLASSIFICATIONS
1. The CITY OF PETALUMA shall notify the UNION and Staff Representative
when proposing to abolish or create a new bargaining unit position. In the event a new
classification is established, the CITY OF PETALUMA shall assign it to a pay grade
based upon the work to be performed after comparison with other classifications.
2. The CITY OF PETALUMA shall provide the UNION President with a
written classification description of the new or changed classification which shall
describe the content- sufficiently to identify the classification.
3. Upon receipt of the CITY OF PETALUMA's description, the President of the
UNION, or his designated representative, shall be afforded an opportunity to discuss the
new or changed classification and assignment to the pay grade with the City Manager or .
his representative. If the UNION does not request a meeting within five (5) workdays of
the receipt of the CITY OF PET'ALUMA's recommendation, it shall be deemed to be ,
approved by the UNION.
37
SC1-90761.1
3. This document represents the final and complete Agreement resulting from
the 1997/1'999 Meet and Confer sessions with the American Federation of
State;. County and Municipal Employees, AFSCME, 3910 A ,UNIT 1,
CONFIDENTIAL.
Representatives of the CITY OF PETALUMA and UNIT 1 acknowledge that they
have fulfilled.their mutual respective obligations to Meet and Confer under the
Meyers-Milian-Brown Act. As a result, the parties have come to a mutual
understanding, which the representatives of the CITY OF PETALUMA and. UNIT
1, who. have the approval of'their'members`, agree to recommend for acceptance and
approval to the City Council of the CITY OF PETALUMA .
The parties affix their signatures as constituting mutual acceptance and
recommendation of this Memorandum of Understanding to become effective July
12, 1999 upon acceptance. and approval of the CITY OF PETALUMA Council.
AFSCME
Signature Date
Signature Date
Signature Date
I
Signature Date
CITY OF PETALUMA
Signature Date
38
SC1-90761.1
Exhibit A
UNIT 1 (CONFIDENTIAL) Classifications
,Administrative Secretary .
Deputy Ci"ty Clerk
Secretary
Office Assistant II
Information Systems Analyst
Information Systems Technician
Personnel Technician
Payroll Technician
39
SC1-90761.1