HomeMy WebLinkAboutResolution 99-218 N.C.S. 12/06/1999 Resolution No. 99-218 I.C.S.
z of the City of Petaluma, California
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4
5 RESOLUTION RATIFYING MEMORANDUM OF UNDERSTANDING EXECUTED
6 BY 1'HE DULY AUTHORIZED REPRESEN"1 ATIVES OF THE ClT 1' AIVll 1'HE
7 YE`I'ALUMA EMPLOYEES ASSUCIAT'lUN LOCAL 3910A FOR EMPLOYEES OF
8 UNIT 2 (MAINTENANCE)
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lU
11 WHEREAS, the City, through its duly authorized representatives, and the
12 Petaluma Employees Association through it duly authorized representatives, have '
13 concluded their mutual obligation to meet and confer in good faith with respect to terms
14 and conditions of employment for the employees in Unit 2, in accordance with the
15 Meyers-Milias-Brown Act and the City's Employer-Employee Relations Rules and
16 Regulations (Resolution No. 5512 N.C.S.); and
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18 WHEREAS, the duly authorized representatives of the City and the Petaluma
19 Employees Association have executed a Memorandum of Understanding pursuant to
20 Section 15, Resolution No. 5512 N. C. S. and recommend its approval by the City
21 Council; and
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23 WHEREAS, the City Manger, .pursuant to Section 28, City of: Petaluma City
24 Charter, and as the City's Municipal Employees' Relations Ui~icer (Resolution No. 5375
25 N. C. S.) is required and empowered to make a recommendation to the City Council on
26 matters related to employees' compensation; and
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28 WHEREAS, the City Manger has reviewed and concurs with said Memorandum
29 of Understanding for Unit 2, and does recommend that the City Council ratify said
30 Memorandum of Understanding.
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32 NOW, THEREFORE, BE IT RESOLVED the Memorandum of Understanding,
33 being in the best interest of the City is ratified and the terms and conditions of said
34 Memorandum of Understanding (as attached) shall be effective July12, 1999 through July
3 5 7, 2002.
36
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 ~_~---A ra s to
Council of the City of Petaluma at a (Regular) p~gOl~X~I>~~ meeting ' fo
on the ...6th day of .................I).eGe.lYlbe)'...................., is...99., by the
following vote:
i~ y Attorne
AYES: Healy, Torliatt, Cader=Thompson, Maguire, Vice Mayor Keller, Mayor Thompson
NOES: None
ABSENT: Hamilton J r
ATTEST: -_.....:....T
City Clerk ~ - - Mayor
Council FiJ,~-~ ~ ~ °
C'A lu-ris Nes. Nu : N.C.S.
UNIT 2
MElVIO1tANDU1VI OF U1VI)ERSTANDING
ALSClYIE 39:10 A
MAINTENANCE UNIT
FISCAL YEAR 1999 - 2002
` n1°cSU 4~ - ~ ~ ~ CGS 1
TABLE OF CONTENTS
PREAMBLE
GENERAL
Section 1 Recognition
Section 2 Definition
Section 3 Severability
Section 4 Non-Discrimination
UNION MATTERS
Section 5 ' UNION Security
Section 6 Modified Agency Shop
Section 7 Stewards and Representatives
Section 8 Bulletin Boards
Section 9 Excused Absence
Section 10 UNION/CITY' OF PETALUMA Meetings .
Section 11 Advance Notice
Section 12 List of Employees
COMPENSATION
Section 13 Wages
Section 14 Overtime
Section, l5 Call-back Pay
Section 16 Stand-by Pay
Section 17 Pay Rate Permanent Transfer-New Classification
Section 18 Temporary Work Out Of Classification
Section 19 Payment For Missed Meals
Section 20 Retiree Benefit; Payment of
Section 21 Termination Pay
Section 22 PERS Retirement Contribution
Section 23 Smoking Cessation Plan
Section 24 Work .Boots
Section 25 Compensatory Time Payment
Section 26 Health/Dental Care Cash Back
Section 27 Bilingual Pay
INSURANCE
Section 28 Medical Insurance
Section 29 Life Insurance
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Section 30 Dental Insurance
Section 31 Long-Term Disability Insurance
Section 32 Vision Program
Section 33 Other Health & Welfare Payments
LEAVES
Section 34 Vacation
Section 35 Sick Leave
- Section 36 Bereavement Leave
Section 37 Family Medical Leave Act
Section 38 Holidays
Section 39 Industrial Injury Leave
Section 40 Leaves of Absence Without Pay
Section 41 Military Leave
Section 42 Jury Leave
Section 43 Meal and Rest Period
Section 44 Compensatory Time Off
Section 45 Alternate Work Weeks
• PROCEDURES
Section 46. New Or Changed Classifications .
Section 47 Seniority
Section 48 Promotions
Section 49 Temporary Appointments
Section 50 Transfers Between Sections
Section 51 Probationary Employees
Section 52 Layoff And Recall Procedures
Section 53 Personnel Files
OTI-IER •
Section 54 Retirement Plan
Section 55 Discipline
Section 56 Grievance Procedure
Section 57 Employee Job Training
Section 58 Safety Committee
Section 59 Bonus Holiday
Section 60 Drivers' License
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PREAMBLE
This AGREEMENT entered into by`the CITY OF PETALUMA, hereinafter referred to as the
CITY OF PETALUMA, and AFSCME 3910 A -Maintenance Unit, hereinafter referred to as the
UNION.
The parties hereto desire to confirm and maintain the spirit of cooperation which has existed
between the CITY OF PETALUMA and its employees. The UNION and the CITY OF
PETALUMA will strive to promote a harmonious relationship between all parties to this
agreement that will result in benefits to the CITY OF PETALUMA's operations and its
employees, and provide continuous and uninterrupted services.
Both parties agree to the establishment of an equitable and peaceful procedure for the resolution
of differences; .:and the establishment of rates of pay, hours of work and other terms and
conditions of employment.
The use of -,the masculine or feminine gender in this Agreement shall be construed as including
both genders and not as sex limitations
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SECTION 1
RECOGNITION
For the purpose of meeting and conferring with respect to wages, hours, and conditions of
employment, the CITY OF PETALLTMA, to the extent permitted bylaw, recognizes the UNION
as the representative for all employees who are employed in and assigned to the job
classifications which in the aggregate constitute the CITY OF PETALLTMA's Bargaining Unit
Two (2) Maintenance.
SECTION 2
DEFINITIONS
1. The terms "employee" and "employees" as used in this agreement, (except where the
agreement clearly indicates otherwise) shall mean only an employee or employees within
the unit described in DESCRIPTION OF UNIT.
2. The term "temporary" shall mean any individual or individuals whose employment is
lirruted in duration.
3. The term "regular full-time employee" shall mean an employee whose normal schedule of
work is forty (40) hours per calendar work week.
4. The term "part-time employee" shall mean an employee whose normal schedule of work
is less than a regular full-time employee.
5. "Calendar day" means the twenty-four (24) consecutive hour period beginning at
midnight, and ending at midnight the following day.
6. "Calendar work week" means a consecutive 7-days. Beginning at 0001 day 1 and
continuing until 2400 168 hours later.
7. "Normal work week" means any five (5) consecutive calendar days within a calendar .
work week.
8. "Seniority" means uninterrupted employment with the CITY OF PETALUMA beginning
with the last date hired by the CITY OF PETALUMA and shall include periods of CITY
OF PETALUIVIA employment outside the Unit, but shall exclude periods of layoff and
leaves of absence, except medical, in excess of 30 consecutive days, including the first 30
days of such absence.
9. An employee is a "probationary. employee" for his/her first six (6) months of employment.
Periods of absence exceeding five (5) working days shall not be counted towards
completion of the probationary period.
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SECTION 3
SEVERABILITY CLAUSE
1. In the event that any portion of this agreement is declared invalid by a court of competent
' jurisdiction, it shall not affect the validity of any other portion of this agreement not
invalidated. Any portion held invalid shall be re-negotiated so as to effectuate the
purposes and intent of the invalid portion if legally possible.
2. NEGOTIATION PERIOD: .
The UNION will submit in writing to the CITY OF PETALUMA not less than ninety
(90) days prior to the expiration date of this Agreement and any proposed modifications
to this Agreement for the- subsequent Fiscal Year. The parties will commence Meeting
and Conferring not less than seventy-five (75) days prior to the expiration date of this
Agreement and will endeavor to reach an agreement, in a written Memorandum of
Understanding for submission to the City Council 'for its determination, prior to the
adoption by the CITY OF PETALUMA of its Final Budget for the subsequent Fiscal
Year.
3. TERM OF AGREEMENT:
a. This agreement is subject to the approval of the City Council of the CITY OF
PETALUMA.
b. The terms, benefits, and conditions of employment granted this unit are governed
solely by this Memorandum of Understanding.
c. The terms of this Agreement shall commence on July 12, 1999 and continue until
the expiration date of July 7, 2002 and from year to year thereafter unless written
notice is given by one party to the Agreement as set forth in Section 3, Paragraph
2.
d. If such notice is given by either party, the party receiving such notice may also
during ensuing negotiations present changes in the agreement desired by said
p~Y•
e. Negotiations upon the modification or amendments shall be conducted promptly
at a time and place mutually agreeable to both parties and shall continue through
. said period in an effort to reach agreement.
4. NO INTERFERENCE AND NO LOCKOUT GUARANTEE
a. The UNION and its officials will not, directly or indirectly, take part in any action
against or any interference with the operations of the CITY OF PETALUMA
during the term of this Agreement.
b. The CITY OF PETALUMA shall not conduct a lockout of its employees during
.the term of this Agreement.
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SECTION 4
NON=DIS CRIlVIINATION
A. GENERAL
1. The CITY 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.
2. 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.
B. ADAHON-DISCRIMINATION
The CITY OF PETALUMA and the UNION recognizes that the Americans with
Disabilities Act and the Fair Employment and Housing Act may require accommodation
of individuals protected under the Act and these accommodations must be determined on
an individual, case-by -case basis. The UNION recognizes that the CITY OF
PETALUMA has the legal obligation to meet with the individual to be accommodated
before any adjustment is made in working conditions. The UNION also recognizes that
individual employees have rights to privacy and confidentiality of medical information
which the CITY OF PETALUMA is required to protect.
If the CITY OF PETALUMA determines that, in order to accommodate a
member of this Unit, it would be necessary to significantly alter the terms and
conditions of employment of other members of the bargaining unit, the CITY OF
PETALUMA agrees to notify the UNION prior to the implementation of any
such accommodation. If the UNION disagrees with the. proposed
accommodation it may, before the end of the third business day following such
notification, request to meet with the CITY OF PETALUMA to discuss the
accommodation.
The UNION understands and agrees that, in agreeing to meet in such instances,
the CITY OF PETALUMA may take those steps reasonably necessary in the
circumstances to protect individual employees' rights to privacy and rights to
confidentiality of medical information. The UNION agrees that its
representatives will keep information shared in such meeting confidential and
will not disclose, such information to any other member.
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
PETALUMA 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 5
UNION SECURITY
1. It is the intent of this Article to provide for the regular dues of UNION members to be
deducted from their checks insofar as permitted by law. The CITY OF PETALUMA
agrees to deduct and transmit to the UNION, dues from all UNION members within the
foregoing unit who have signed an authorization card for such deductions in a form
agreed upon by the. CITY OF PETALUMA and the UNION. However, the CITY OF
PETALUMA assumes no responsibility either to the employee or to the UNION, for any
failure to make or for any errors made in making such deductions.
2. The written authorization for UNION dues deduction shall remain in full force and effect,
during the life of the current agreement between the CITY OF PETALUMA and the
UNION unless canceled in writing.
3. Upon written request of the UNION the CITY OF PETALUMA shall change the amount
of dues deducted from UNION members' checks.
4. The UNION agrees to indemnify, defend and hold the CITY OF PETALUMA harmless
against any claims made of any nature whatsoever, and against any suit instituted against
the CITY OF PETALUMA arising from its cheek-off of iJNION dues.
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SECTION 6
MODIFIED AGENCI' SHOP EI;ECTION
The CITY OF PETALUMA and the UNION agree that if the UNION demonstrates by petition
that a majority of bargaining unit members desire an Agency Shop arrangement, and an Agency
Shop election is conducted by the State Conciliation and Mediation Service, the CITY OF
PETALUMA will abide by the results of the Agency Shop election. In entering into this
agreement, both parties agree that the provisions of Agency Shop shall only apply to those who
are UNION members. at the time of the election and prospective bargaining unit employees. The
UNION further agrees that it will limit a request for such an election to once over the life of the
contract. .
SECTION 7
STEWARDS AND REPRESENTATIVES
1. The CITY OF PETALUMA recognizes and agrees to deal with the five (S) accredited
UNION Stewards and Representatives of the UNION in all matters relating to grievances
and the interpretation of this Agreement.
2. A written list of the Officers of the UNION and the UNION Stewards with the specific
areas they represent., shall be furnished to the CITY OF PETALUMA. Notice of any
changes of such UNION Officers or Stewards shall be promptly forwarded to the CITY
OF PETALUMA in writing.
3. The number of UNION •Stewards shall not exceed five. Any change in the number of
Stewards shall be made by written consent of both parties.
4. Upon the request of the aggrieved employee, a Steward.or UNION Officer may
investigate the specified grievance and assist in its presentation. A reasonable amount of
paid time shall be afforded the Steward or UNION Officer while investigating such
grievance. In presenting such grievance to the CITY OF PETALUMA the Steward or
UNION Office shall. be allowed reasonable time off during regular working hours witfiout
loss of pay, subject to prior notification of his/her immediate Supervisor and with the
concurrence of the City Manager.
5. Upon request to the Personnel Director, a representative of the Petaluma Employees
UNION who will be representing the employee in the grievance procedure, may visit
work areas at a time. mutually agreeable to both parties for the purpose of preparing the
case. Such visitation rights shall be limited to a reasonable amount of time and shall not
interfere with normal work operations.
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6. During such visit the representatives may inspect any area relevant to the grievance with
the i7NION Steward or his%her designated representative.
SECTION 8
BULLETIN BOARDS
1. The CITY OF PETALUMA shall provide the UNION with space on bulletin boards in
areas where the UNION has employees it represents for the purpose of posting UNION
notices. Such notices may be posted by the Steward, although not limited to the
following notices, they may include:
a. Recreational and social event of the UNION.
b. UNION meetings.
c. UNION elections, appointments. .
d. Results of UNION elections.
2. In the event a dispute arises concerning the appropriateness and/or amount of material
posted, the Steward of the UNION will be advised by the City Manager of the nature of
the dispute and the disputed material will be removed from the bulletin boards until the
. dispute: is resolved.. The CITY OF PETALUMA and the iINION will meet within five
(S) work days to attempt to resolve the issue.
SECTION 9
EXCUSED ABSENCE
1. An employee who is elected or selected by the UNION, upon the written request of the
Secretary-Treasurer of the UNION, may be granted an excused absence without pay for a
perodnot to exceed five (5) days per year to attend conferences or conventions. Not
more than one employee will be granted an excused absence at any one time.
SECTION 10
UNION/CITY O~ PETALUIVIA MEETINGS
1. At the request of either the UNION or the CITY OF PETALLTMA, conferences shall be
held for the purpose of considering matters of mutual interest, other than mutually
acceptable arrangements as to time and place can be made. All such conferences shall be
arranged through the Steward of the UNION, or his/her designated representative, and a
designated representative of the. City Manager. Representatives of the UNION, not to
exceed two (2), shall not suffer loss of time or pay when absent from their normal
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schedule of work for the purpose of attending a conference. Conferences may be attended
by representatives of CITY OF PETALUMA EMPLOYEES' UNION. Benefit plan
review and proper classification assignment. wi l be .appropriate subjects for conferences.
2. It is understood that any matters discussed, or any action taken pursuant to such
conferences, shall in no way change or alter any of the provisions of the Agreement, or
the rights of either the CITY OF PETALUMA or the UNION under the terms of the
Agreement.
SECTION 11
ADVANCE NOTICE
Except in cases of declared emergencies, reasonable advance written notice shall be given
the UNION of anyordinance; 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 cases'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 during the course of the emergency to ensure the
provision. of what it determines to be adequate and necessarypublic 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.
. SECTION 12
LIST OF EMPLOXEES~
The CITY OF PETALUMA agrees to annually furnish the UNION with the names,
classifications, and dates of hire for all members of the Unit 2 Maintenance bargaining unit no
later than September.
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COMPENSATION
SECTION 13
WAGES
Section 13.1. Cost of Living and Equity Adjustments
The CITY OF PETALiTMA shall adopt the following salary for each of the employees in
the following classifications. These salaries shall be effective as follows:
July 12, 1999
Animal Control. Officer (effective 12/27/99) $ 16.32 $ 17..13 $ 17.99 $ 1$.89 $ .19.83
Custodian $ 14.27 $ 14.98 $ 15.73 $ 16.51 $ 17.34
Electrical Maintenance Worker I $ 16.37 $ 17.19 $ 18.05 $ 18.96 $ 19,90
Electrical Maintenance Worker II $ 20.18 $ 21.19 $ 22.25 $ 23.36 $ 24.5.3
Equipment Maintenance Lead $ 22.06 $ 23.16 $ 24.32 $ 25.53 $ 26.81
Equipment Mechanic $ 20.52 $ 21.55 $ 22.63 $ 23.76 $ 24.95
Equipment Service Worker $ 16.32 $ 17.13 $ 17.99 $ 18.89 $ 19.83
Facilities Maintenance Worker $ 19.11 $ 20.06 $ 21.07 $ 22.12 $ 23.23
Kennel Attendant (effective 12/27/99) $ 7.48 $ 7.85 $ 8.24 $ 8.66 $ 9.09
Maintenance Worker III Docks and Bridges $ 17.84 $ 18.74 $ 19.67 $ 20.66 $ 21.69 '
Park Foreworker $ 20.62 $ 21.65 $ 22.74 $ 23.87 $ 25:07
Park Maintenance Lead Worker $ 19.17 $ 20.13 $ 2.1.13 $ 22.19 $ 23.30
Parks Maintenance Worker I $ 13.82 $ 14.51. $ 15.23 $ 15.99 $ 1.6.79
Parks Maintenance Worker II $ 16.99 $ 17.84 $ 18.73 $ 19.67 $ 20.65
Parks Maintenance Worker IlI ~ $ 17.84 $ 18.74 $ 19.67 $ 20.66 $ 21.69
Senior Animal Control Officer (effective 12/27/99) $ 18.76 $ 19.70 $ 20.69 $ 21.72 $ 22.81
Streets Maintenace Worker III $ 17.84 $ 18.74 $ 19.67 $ 20.66 $ 21.69
Streets Maintenance Lead Worker $ 19.17 $ 20.13 $ 21.13 $ 22.19 $ 23.30
.Streets Maintenance Worker I $ 13.82 $ 14.51 $ 15.23 $ 15.99 $ 16.79
Streets Maintenance Worker II $ 16.99 $ 17.84 $ 18.73 $ 19.67 $ 20.65
Supervising Custodian $ 1594 $ 16.74 $ 17.5.8 $ 18.45 $ 19.38
Utility Service Worker I $ 13.82 $ 14.51 $ 15.23 $ 15.99 $ 16.79
. Utility Service Worker II $ 16.99 $ 17.84 $ 18.73 $ 19.67 $ 20.65
Utility Service Worker III $ 17.84 $ 18.74 $ 19.67 $ 20.66 $ 21.69
Utility Svc. Lead Worker $ 19.17 $ 20.13 $ 21.13 $ 22.19 $ 23.30
Water Service Representative $ 17.87 $ 18.77 $ 19.71 $ 20.69 $ 21.73 -
Water Service Worker $ 17.93 $ 18.82 $ 19.76 $ 20.75 $ 21.79
Water Systems Operator $ 18.84 $ 19.78 $ 20.77 $ 21.81 $ 22.90
Water Utility Technician $ 18.84 $ 19.78 $ 20.77 $ 21.81 $ 22.90
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July 10, 2000
Animal Control Officer $17.03 $17.89 $18.78 $19.72 $20.70
Custodian $14.95 $15.70 $16.48 $17.31 $18.17
Electrical Maintenance Worker I $17.73 $18.62 $19.55 $20.53 $21.56
Electrical Maintenance Worker II $21.86 $22.95 $24.10 $25.30 $26.57
Equipment Maintenance Lead $22.98 $24.13 $25.34 $26.61 $27.94
Equipment Mechanic $21.36 $22.43 $23.55 $24.73 $25..97
Equipment Service Worker $17.03 $17.89 $18.78 $19.72 $20.70
Facilities Maintenance Worker $20.06 $2.1.07 $22.12 $23.23 $24.39
Kennel Attendant $7.48 $7.85 $8.24 $8.66 $9.41
Maintenance Worker III Docks and Bridges $18.70 $19.64 $20.62 ~ $21.65 $22.73
Park Foreworker $21.61 $22.69 $23.83 $25.02 $26.27
Park Maintenance Lead Worker $20.09 $21.09 $22.15 $23.25 $24.42
Parks Maintenance Worker I $14.37 $15.09 $15.84 $16.63 $17.47
Parks Maintenance Worker II ~ ~ $17.79 $18.68 $19.61 $20.59 $21.62
Parks Maintenance Worker III $18.70 $19.64 $20.62 $21.65 $22.73
Senior Animal Control Officer $19.59 $20.57 $21.60 $22.68 $23.81
Streets Maintenance Worker III $18.70 $19.64 $20.62 $21.65 $22.73
Streets Maintenance Lead Worker $20.09 $21.09 $22.15 $23.25 $24.42
Streets Maintenance Worker I ~ $14.37 $15.09 $15.84 $16.63 $17.47
Streets Maintenance Worker II $17.79 $18.68 $19.61 $20.59 $21.62
Supervising Custodian $16.58 $17.41 $18.28 $19.19 $20.15
Utility Service Worker I $14.37 $15.09 $15.84 $16.63 $17.47
Utility Service Worker II $17.79 $18.68 $19.61 $20.59 $21.62
Utility Service Worker III $18.70 $19.64 $20.62 $21.65 $22.73
Utility Svc. Lead Worker $20.09 $21.09 $22.15 $23.25 $24.42
Water Service Representative $18.71 $19.65 $20.63 $21.66 $22.75
Water Service Worker $18.73 $19.67 $20.65 $21.69 $22.77
' Water Systems Operator $19.92 $20.91 $21.96 $23.06 $24.21
Water Utility Technician $19.92 $20.91 $21.96 $23.06 $24.21
July 9, 2001
Animal Control Officer $17.78 $18.67 $19.61 $20.59 $21.62
Custodian $15.67 $16.45 $17.27 $18.14 $19.04
Electrical Maintenance Worker I $19.21 $20.17 $21.17 $22.23 $23.34
Electrical Maintenance Worker II ' $23.67 $24.85 $26.10 $27.40 $28.77
Equipment Maintenance Lead $23.95 $25.15 $26.40 $27.72 $29.11
Equipment Mechanic $22.24 $23.35 $24.52 $25.75 $27.03
Equipment Service Worker $17.78 $18.67 $19.61 $20.59 $21.62
Facilities Maintenance Worker $21.07 $22.12 $23.23 $24.39 $25.61
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Kennel Attendant $ 7.48 $ 7.85 $ 8.24 $ 8.66 $ 9.74
Maintenance Worker III Docks and Bridges $19.60 $20.58 $21.61 $22.69 $23.82
Park Foreworker $22.65 $23.78 $24.97 $26.22 $27.53
Park Maintenance Lead Worker $21.05 $22.10 $23.21 $24.37 $25.59
Parks Maintenance Worker I $14.94 $15.69 $16.48 $17.30 $18.16
Parks Maintenance Worker II $18.62 $19.56 $20.53 $21.56 $22.64
Parks Maintenance Worker III $19.60 $20.58 $21.61 $22.69 $23.82
Senior Animal Control Officer $20.45 $21.47 $22.55 $23.67 $24.86
Streets Maintenance Worker III $19.60 $20.58 $21.61 $22.69 $23.82
Streets Maintenance Lead Worker $21.05 $22.10 $23.21 $24.37 $25.5.9
.Streets Maintenance W orker I $14.94 $15.69 $16.48 $17.30 $18.16 .
Streets Maintenance Worker II $18.62 $19.56 $20.53 $21.56 $22.64
Supervising Custodian $17.24 $18.10 $19.01 $19.96 $20.96
Utility Service Worker I $14.94 $15.69 $16.48 $17.30 $18..16
Utility Service Worker II $18.62 $19.56 $20.53 $21.56 $22.64
Utility Service Worker III $19.60 $20.58 $21.61 $22.69 $23.82
• Utility Svc. Lead Worker $21.05 $22.10 $23.21 $24:37 $25.59
Water Service.Representative ~ $19.59 .$20.57 $21.60 $22.68 $23.82
Water Service Worker $19.58 $20.55 $21.58 $22.66 $23.79
Water Systems Operator $21.05 $22.10 $23.21 $24.37 $25.59
Water Utility Technician $21.05 $22.10 $23.21 $24.37 $25.59
A Cost of Living Adjustment of 3.5% and the following Equity Adjustments for each
classification listed are included in the above calculations for each of the 3 years.
Equity Adjustments
Custodian 1.3%
Electrical Maintenance Worker I ~ 4.8%
Electrical Maintenance Worker II 4.8%
Equipmemt Mechanic II 0.6% ,
Equipment Mechanic Leader 0.7%
Equipment Service Worker 0.9%
Facilities Maintenance Worker 1.5%
Park Maintenance Foreworker 1.3%
Park Maintenance Worker I 0.5%
Park Maintenance Worker II 1.2%
Parks Maintenance Lead Worker 1.3%
Parks Maintenance Worker III 1.3%
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Street Maintenance Lead Worker 1.3%
Street Maintenance Worker I 0.5%
Street Maintenance Worker II 1.2%
Street Maintenance Worker III 1.3%
Streets Maintenance- Worker III Docks 1.3%
Supervising Custodian 0.5%
Utility Service Lead Worker 1.3%
Utility Service. Worker I 0.5%
Utility Service Worker II 1.2%
Utility Service Worker III 1.3%
Water Service Representative 1.2%
Water Service Worker 1.0%
Water Systems Operator II 2.2%
Water Utility Technician 2.2%
Effective December 27, 1999 the following classifications shall be made a part of this Unit.
Senior Animal Services Officer
Animal Services Officer
Kennel Attendant
SECTION 14 _ -
OVERTIME
1. OVERTIME PREMIUM
All hours worked in excess of eight (8) in any one day or in excess of forty (40) in any
workweek shall be paid for at the overtime rate which shall be one and one-half (1-1/2
times the regular straight time hourly rate of pay. Overtime shall not be pyramided or
compounded.
2. REST PERIODS DURING OVERTIME WORD.
Whenever practical, employees who for any reason work beyond their regular quitting
time into the next shift will be afforded a fifteen (15) minute; rest period before starting
work on the next shift. In addition, they shall be granted the regular°rest period unless an
emergency situation occurs or exists.
3. REQUIRED OVERTIME
If an employee is required to work more than five consecutive hours without a meal
period during a regular work shift, the employee shall be paid at the rate of time and one-
half (1-1/2) for all time worked in excess of five (5) hours until such time as the employee
receives a meal period.
15
4. SCHEDULING OVERTIME
In general, overtime work shall be voluntary, provided, however, when at least twenty-
four (24) hours advance notice of an overtime assignment is given or when it is not
practical fo give advance notice, an employee will be expected to work.
5. DISTRIBUTION
Overtime shall be distributed as equitably as possible, without favoritism, and in the best
interests of the CITY OF PETALUMA, among the members of the department who are
qualified to perform and who have demonstrate the ability to perform overtime services
efficiently.
6. HOLIDAY OVERTIME
An employee required to work a paid holiday shall receive, in addition to the eight hours
holiday pay, further compensation at the overtime rate for- the actual holiday worked.
7. ALTERNATE WORKWEEK
Employees who are working an Alternative Workweek of 40 hours per work week shall
be paid overtime for hours worked beyond the regularly assigned hours for that day in
accordance with the CITY OF PETALUMA's Alternative Workweek Policy.
SECTION 15
CALL-BACK PAY
1. An employee who is called back to work after having completed his/her regular shift and
left the CITY OF PETALUMA premises shall receive a minimum of two (2) hours work
or two (2) hours pay, at the overtime rate. To the extent an.employee is.paid overtime
premium pursuant to the overtime schedule under Section. l2 (Overtime) listed above,
he/she shall not be paid overtime premium under the call-back section for the same time
worked. This paragraph shall not apply to employees who are called in early for a shift,
i.e., when they work continuously from the time they are called in until their regular shift
begins.
SECTION 16
STAND-BY PAY
1. STAND..-BY DEFINED
Weekend stand-by, for the purposes of this Agreement, shall mean time which ~a
scheduled employee must be available on an on-call basis outside the employee's normal
work week in order to be available to respond to emergency calls.
16
2. WEEKEND STAND-BY
A minimum compensation. of $100.00 per for each weekend of .stand-by from 4:30 p.m.,
the last day of the normal work week, to 8:00 a.m., the beginning of the normal work
week.
3. HOLIDAY STAND-BY
For a CITY OF PETALUMA designated, fixed-date holiday that falls in the five (5) day
work week, a minimum of $50.00 pay will be paid by the CITY OF PETALUMA to an
employee on such holiday stand-by, beginning at 4:30 p.m. or the end of regular work
period and continuing to 8:00 a.m. of the next regular work day or weekend.
4. CALL BACK WITHIN A WEEKEND/HOLIDAY (STAND-BY)
A minimum of one hour at time and one-half shall be paid by the CITY OF PETALUMA
for every call or assignment required
5. WATER STANDBY -DELINQUENT ACCOUNTS
Standby will be mandatory for those days when the CITY OF PETALUMA shuts off
delinquent water accounts. Standby shall be at $30.Q0 for that day. (note: Normally this
is on a Wednesday.) Standby shall be voluntary if the Public Works Superintendent or
his/her designee believes that standby for other weekdays is required. These periods shall
be at $30.00 per day.
SECTION 17
RATES OF PAY ON PERMANENT TRANSFER TO A NEW CLASSIFICATION
1. When an employee is promoted, he/she shall be paid the hourly rate next higher to his/her
own within the pay grade for the classification to which he/she was promoted
2. When an employee is transferred from one classification to another classification in the
same pay grade, his/her hourly rate shall remain the same.
3. A permanent. or probationary employee who is transferred to a class with a lower salary
without a break in service will receive the same rate of pay he/she received prior to the
transfer. Such salary shall not be increased until the time that a higher salary of the class
to which he/she was transferred equals or exceeds his/her salary. Such transfer may be
departmental or inter-departmental, and may be made by appointment from an
employment list, temporary appointment, reclassification of position, or reorganization
of department; and shall be in accord with the personnel rules and regulations. The
provision of .this rule does not apply in cases of disciplinary demotion, demotion in lieu of
layoff, or voluntary demotion. When a person is involuntarily demoted to a lower
17
classification he/she shall receive the lower rate of pay, effective the first day assigned to
that classification.
4. 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 18
TEMPO~-RY WORK OUT OF CLASSIFICATION
1. An employee holding a classified position may temporarily be assigned the duties of
another position in a higher classification for a period not to exceed ninety (90) calendar
days during any fiscal year. The employee shall receive either the next higher step in the
classification to which he/she is assigned or a 5% increase, whichever is greater.
An employee assigned to a position at an equal or lower classification shall remain at the
current rate of pay.
SECTION 19
PAYMENT FOR MISSED MEALS
1. The CITY OF PETALUMA shall pay $8.00 to an employee who is requested and who
does work two (2) hours beyond the employee's normal quitting time and has been
prevented from eating a meal after such quitting time.
Those employees who work beyond four (4) hours on a call out after having left the CITY
OF PETALUMA premises shall receive the $8.00 meal payment.
SECTION 20
TERMINATION PAY
1. VACATION PAYMENTS UPON TERMINATION
Upon termination, voluntary resignation, or retirement, the employee shall receive a lump
sum payment for all accumulated but unused vacation time. Two weeks advance notice
in writing should be given to the CITY OF PETALUMA of the termination date.
• 18
2. COMPENSATORY TIME PAYMENTS UPON SEPARATION FROM CITY OF
PETALUMA SERVICE
Employees separated from CITY OF PETALUMA service shall receive a lump sum
payment for all accumulated. but unused compensatory time.
3. RETIREMENT SICK LEAVE PAYOUT
In the event of death or retirement, an employee who has completed ten (10) years or
more with the CITY OF PETALUMA shall receive fifty percent (50°Io) of his/her
accumulated but unused sick leave, not to exceed four hundred eighty (480 hours). An
employee may, however, elect to place all sick leave hours under the PERS Sick Leave
Credit program.
4. COMP><JTATION OF SEVERANCE ALLOWANCES
Compensation for vacation, sick leave and holidays as described in this Article. shall be
computed at the employee's hourlyrate on the effective date of termination.
SECTION 19
RETIREE BENEFIT PAYMENT OF
19.1 RETIRED Employees. An employee with twenty (20) years of service and who is
age 50 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 PEMCHA plan,
he/she will be eligible for the full $100.00. It is the responsibility of the retiree to notify'the
CITY OF PETALUMA in writing that he/she is not being covered by the PEMCHA 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.
19.2 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
plan, that retired employee will be eligible for an amount of $120 as a direct 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 PEMCHA 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.
Those amounts, listed in paragraph 2 above, shall be adjusted to the following amounts:
Effective July10, 2000:. $30.00 per month totaling $130.00 per month
Effective July9, 2001: $40.00 per month totaling $140.00 per month
19
SECTION 22
PERS RETIREMENT CONTRIBUTION
The percentage of each employee's PERS contribution previously paid by the CITY OF
PETALUMA prior to the adoption. of this 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 PEfiALUMA 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. 90-363. 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 employee's
contribution will be withheld from the employee's pay by the CITY OF PETALUMA, 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 a
miscellaneous employee.
An employee makes $1,000 per month base salary. Under the prior contract the employee. was
not responsible for paying 6% of the required 7% employee contribution. The CITY OF
PETALUMA was responsible for paying 6% ($60:00), 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 $1,060. Of this 7% (approximately $74.00) will be paid to PERS from the $1,060. The
full 7% will be tax exempt and this means the employee will pay taxes on $986.00.
SECTION 23
SMOKING CESSATION PLAN
The CITY OF PETALUMA 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.
SECTION 24
WORK BOOTS
The CITY OF PETALUMA shall pay $150.00 per Fiscal Year for safety work boots 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
20
through the submittal of invoices to the CITY OF PETALUMA. It is understood that this money
can be used for the resoling of existing work boots.
SECTION 25
COMPENSATORY TIME PAYMENT
No later than September 30`h each year; all accumulated compensation time, but for sixty hours,
will be paid to the employee by the CITY OF PETALUMA.
SECTION 26
HEALTH/DENTAL CARE CASH BACK
An eligible employee may request cancellation of the employee's CITY OF PETALUMA 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 a request may be made during the open
enrollment for PEMCHA medical elections but will be, in all eases, subject to the terms and
conditions and cancellation requirements of the particular plan.
When the employee has demonstrated such coverage to the CITY OF PETALUMA'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% 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
PETALUMA on the employee's behalf under the Health Plan of the Redwoods plan, based on the
employee's coverage level (e.g. self, .self plus spouse, self plus spouse plus children) at the time
of such cancellation. However, if the actual monthly cost of the employee's current plan
coverage is less than the monthly HPR cost, then the lower figure shall be used., In the event
coverage is canceled only for the employee's spouse or dependent children, the reimbursement
will be 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% of the CITY
OF PETALUMA's internally generated estimated monthly cost of the self-funded dental costs.
Any employee canceling coverage will be required to meet all rules and conditions of the
particular plan, including, but not limited to, all rules and conditions governing administration,
cancellation, and re-enrollment eligibility. By requesting a cash payment pursuant to this section,
21
such employee understands and agrees as a condition of receipt of this payment, that re-
enrollment eligibility into any plan is not guaranteed.
SECTI®N 27
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 skill levels of proficiency shall be determined by the CITY OF
PETALUMA after meeting and discussing this issue with the UNION. For those who
successfully complete the initial testing, this section will be retroactive to July 12, 1999 or the
date-of-hire, whichever is applicable.
22
INSURANCE
SECTION 28
MEDICAL INSURANCE
1. ACTIVE Employees
The CITY OF PETALUMA shall participate in the Public Employees' Medical Health Care Act
(PEMCHA) for members of Unit. 2. The designated premium paid by the CITY OF
PETALUMA toward this program shall be in the amount of $100.00 per month per employee.
2. RETIRED Employees
Employees who retire from the CITY OF PETALUMA will receive contributions to their
medical premium while under the PEMCHA plan. This payment will increase in the amount of
$5.00 per year until it reached the amount of $100.00 as listed in paragraph 1 above.
SECTION 29
LIFE INSURANCE
The CITY OF PETALUIVIA shall provide for a group term life insurance program for
CITY OF PETALUMA employees in this unit. The CITY OF PETALUMA shall pay, during the
course of the Memorandum of Understanding, the. insurance premium towards employee only '
coverage for such insurance in the principle sum of $50;000 per employee effective January 1,
2000.
SECTION 30
DENTAL PROGRAM
1. The CITY OF PETALUMA shall provide for a group Delta Dental Self funded Dental
Program for CITY OF PETALUMA employee and dependents in this unit. Additionally,
the CITY OF PETALUMA shall contribute toward an Orthodontics plan $1,000 per child
at a 50% co-payment rate.
The CITY OF PETALUMA shall pay, during the period of this Memorandum the full
premium toward the CITY OF PETALUMA group dental insurance coverage program.
23
SECTION 31
LONG-TERM DISA~I•LITY
I. The CITY OF PETALUMA shall provide for along-term disability plan. The premium
shall be paid for by the CITY OF PETALUlVIA.
~5ECTION 32
,VISION PROGRAM
1. The CITY OF PETALUMA shall provide a Self funded Vision Program for employees
and dependents. The premium shall be paid for by the CITY OF PETALUMA.
SECTION 33
OTHER HEALT>FI AND WELFARE PAYMENTS
1. The CITY OFPETALUMA shall provide to the active members of Unit 2 additional
monthly health and welfare payments equal the PEMCHA Health Plan of the Redwoods
premium amounts less $100.00.
24
LEAVES
SECTI®N 34
VACATION
34.1. Accrual Al regular employees of the CITY OF PETALUMA ..after working
one full year are entitled to the equivalent of eighty (80) hours of vacation with pay in the
year following the year.in whichvacation is earned.
All regular employees of the .CITY OF PETALUMA, after five (5) years of
continuous service with the CITY OF PETALUIVIA, and beginning with the sixth year,.
shall be entitled to the equivalent of one hundred twenty (.120) hours of vacation per year.
After ten (IO) 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 (20Q) hours of vacation.
Vacation time .shall not be accumulated in excess of two years.
342 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.
34.3. 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 notirig'the
details shall be ke ton file with the Personnel Office. In the event one or more municipal
p
holidays fall.. wthin:an annual vacation. leave, such holidays shall' not be charged as
vacation leave- and v~acati'on leave shall be extended accordingly.
34.4 Usage. An employee may begin to use. accrued vacation after successfully
' eompl'etng h~i~s/her probationary period with the CITY OF PETALUMA.
- 25 '
SECTION 35
SICK LEAVE'
ELIGIBILITY
1. Sick leave with pay shall be granted to all. Unit 2 employees as set forth in this section.
Sick leave. is not a right which an employee may use at his/her discretion, but rather, shall be
used only in case ofpersonal illness, disability or~the~ serious illness or injury of an employee's
family member or domestic partner which requires the employee'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, except
no sick leave shall be payable for any injury or absence which results or occurs as follows:
1.. Participating in -any criminal act;
2. Participating in a riot:
3. Working for an employer other than the CITY OF PETALUMA.
Additional family sick leave shall be in accordance with the Family and Medical Leave Act.
2. Neither shall any sick leave be payable(1) during a vacation except when hospitalized or
equivalent confinement, or (2) during a layoff; leave of absence, or disciplinary layoff.
3. All hours of sick leave accrued and all hours of absence, whether or not paid, shall be
recorded. To the extent necessary to implement th Section, such recordsimay be
in pected by an individual employee and/or authorized UNION representative.
ACCRUAL
4.. Sick leave shall accrue to all full-time employees at the rate of one day for each .month of
continuous service. No employee shall accumulate more sick leave in any year than
provided.
5.. ;Sicck leave shall continue to accrue while an employee is on vacation, on sickleave, or on
.job-connected injury leave.
6. No employee shall be eligible for sick leavebefore it accrues.
7. Employees serving. their probationary period may°take up to one day sick leave with pay
for each month worked.:Employees hired on or before the 14th of the calendar month
shall be credited with. one day of sick leave at the end of that month. Employees hired on
or after the 15 th of the calendar month shall not be credited with any sick leave for that
calendar'month.
26
MINIMUM SICK LEAVE CHARGEABLE
8. For the purpose of charging sick leave, the minimum sick leave chargeable will be one
working hour.
SICK LEAVE, GENERAL
9. On taking sick leave time, the employee must notify his/her department head either prior
to, or within thirty minutes after the time set for beginning his/her daily duties. If an
employee's duties.begin before the.switchboard is in operation, he/she must notify the
department not later than 8:30 a:m.
10. Sick leave shall not be considered as a right which an employee may use at his/her
discretion,. but a privilege which shall be allowed only in case of necessity and actual
sickness or disability.
11. When an employee is absent for-more than three (3) consecutive days, the City Manager
or Personnel Officer may require a doctor's certificate for such sick leave absence.
Upon .review of an employee's Sick Leave Record, and where there appears to be a
pattern of abuse, the Supervisor shall notify the employee and the UNION Representative
in order to discuss the sick leave usage. The Supervisor will have the option to
immediately require a Doctor's Certificate for any future absences. This would constitute
a Verbal Warning. If the abuse still continues, the Supervisor may initiate a suspension.
and/or dismissal action through the procedure outlined in the Personnel Rules and
Regulations.
12. If an employee has not recovered by the time he/she has exhausted his/her accumulated
. sick leave, the City Manager, upon receipt of such request in writing, may grant him/her
leave of absence not to exceed the time limitations of Section 35.
13. Upon the expiration of a leave of absence quoted under Section 35, the employee shall be
returned to the same class or position or to any position to which he/she had been. eligible.
to transfer at the time his/her leave of absence was granted, provided he/she furnishes
medical certification of ability to perform the position for which he/she is eligible.
14. The City Manager may revoke pay and sick leave time if the employee is not in fact sick,
or if he/she has engaged in private or other public work while on such leave. Abuse of
sick leave as stated above is sufficient grounds for dismissal.
15. No penalties shall be imposed on employees for taking justifiable sick leave to which the
employee is eligible.
27
f
TRANSFER OF SICK LEAVE
16. Employees wishing to donate hours of sick leave to another employee may voluntarily 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:
1. Employees who wish to transfer sick leave must retain a minimum of 160 hours
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 left 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. Transfers shall only be allowed between Units 1, 2, and 3.
SECTION 36
BEREAVEMENT LEAVE
In the event of the death of an employee's spouse, registered domestic partner with the Human
Resources Department, mother, step-mother, mother-in-law, father, step-father, father-in-laws,
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 shall it
have any monetary value if unused. .
SECTION 37
FAMILY MEDICAL LEAVE
Pursuant to the Family and Medical Leave Act of 1993, FMLA leave may be 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: .
Because of the birth of a child or placement for adoption or foster care of a child;
28
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;
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 certification of the condition from a health care provider. The
Employer, at Employer expense, may require a second opinion on the validity of the certification.
Should a conflict arise between health providers, a third and binding opinion, at Employer
expense will be sought.
An employee seeking FMLA leave must first use paid sick time (if applicable) and vacation
before going on unpaid leave. The total amount of family leave paid and unpaid will not exceed a
total of twelve (12) weeks. In any case in which a husband and wife entitled to family leave are
both employed by the employer, the aggregate number of workweeks of leave to which both may
be entitled may be limited to twelve (12) weeks 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 premium
paid by the employer.
Forms are available from the Personnel Office.
SECTION 38
HOLIDAYS
1. Authorized, CITY OF PETALUMA observed,. paid holidays:
A. The CITY OF PETALUMA will designate twelve (12)) paid, fixed-date holidays
for employees in this unit. Such holidays shall be established for the CITY OF
PETALUMA's fiscal year as determined by the City Council~Resolution.
The Holidays for FY 99/00, FY 00/O1, and FY 01/02 are as follows:
Independence Day
Labor Day
Columbus Day
Veterans' Day
29
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 orfollowing Tuesday.
B. During the fiscal year of the Memorandum of Understanding, for those employees
hired on or before July 1 of that Fiscal Year of the MOU, the CITY OF PETALUMA will
authorize-one (1) "Floating Holiday" per employee, which may be taken by the employee
during the Fiscal Year at a time selected by the employee, subject to operational
requirements and approval as determined by the CITY OF PETALUMA.
2. The holiday shall be a consecutive twenty-four (24) hour period, starting with the
employee's starting time on the calendar day on which the holiday is observed.
3. Each full-time employee, other than an employee on layoff or on any leave of absence,
shall receive eight (8) hours pay at his/her hourly rate for the holiday, provided the
employee meets the following eligibility requirements.
4. He works his/her last scheduled work day prior to and his/her first scheduled. work day
following the holiday, unless failure to work on either or both such days is excused
because of (1) personal sickness or injury, or (2) other extraordinary circumstances
beyond the control of the employee proven to the satisfaction of the City Manager which
cannot be corrected in time for him/her to meet his/her employment obligation.
5. Observance by an employee of a designated religious event may be granted, if practical,
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.
30
SECTION 39
INDUSTRIAL INJ><TRY LEAVE
WORKERS' COMPENSATION
1. Benefits shall be payable in situations where employee absence is due to industrial injury
as provided in California State Workers' Compensation Law. The amount of disability payments
paid to the injured employee shall be deducted from salary payable to the employee while
supplementing his/her salary through sick leave, vacation, or compensatory time off. During the .
first one hundred sixty hours of absence for industrial disability, the CITY OF PETALUMA will.
pay employees an amount which when.added to their Workers' Compensation benefit will equal
their regular salary rate. Medical appointments related to industrial injury or illness shall be
calculated on an hourly basis. This supplemental amount shall not be deducted from the
employee's sick leave, vacation, or compensatory time off benefit. In the case of absences
beyond one hundred sixty working hours, equating to 40 hours per week, the employee shall be
entitled to supplement the temporary .disability payment with the use of sick leave, vacation, or
compensatory time off for a period of up to six (6) consecutive months unless such sick leave is
exhausted or the employee is determined to be permanent and stationary (See Section 26 -Long
Term Disability). The CITY OF PETALLTMA shall pay the regular salary, based on the
combination of the Temporary Disability benefit plus sick leave, vacation, or compensatory time
off. The injured employee may choose to receive workers' compensation payments only, without
CITY OF PETALLTMA payment for salary at no loss of sick leave, vacation, or compensatory
time off. Voluntary Leave participants, who become eligible for Workers' Compensation _
Temporary Disability benefits shall have their sick leave, vacation, or compensatory time off
supplements prorated to their work week equivalent hours. Sick leave for industrial injury shall
not be allowed.for a disability resulting from a non job related illness, self-inflicted injury or
willful misconduct.
DETERMINATION OF INDUSTRIAL DISABILITY LEAVE
2. Except as otherwise limited by this Section, the amount of industrial disability
income: available to .an eligible employee shall be determined by multiplying the number of
hours, not: to exceed forty' in a calendar week, of time lost from work because of the disability,
times the employee's: hourly rate at the time-the injury occurs.
NOTICE AND PROOF OF INDUSTRIAL DISABILITY
3. No industrial disability leave shall be permitted unless the employee's superintendent is
notified of the nature of the disability and the probable duration thereof as soon as
possible, but in no event later than the conclusion of the current work day, except when
the failure to notify is due to circumstances beyond the control of the employee. The
injured employee must complete a notice of injury form within the time limits stated.
31
4. In all cases. on returning to work an employee claiming,. or having received, industrial
disability leave must certify on a form provided by the CITY OF PETALUMA as
follows:
1. The nature of the industrial disability which prevented him/her from working,
including time, dates, and circumstances, and whether or not under the care of the
CITY OF PETALUMA's physician.
2. The amount of time lost from work in hours because of the disability.
3. The name of the individual. to whom notification of the accident was given or the
reason notice was not given.
4. A release from an approved State Comp physician stating that the employee has
recovered and is capable of returning to work.
5. In the event that facts and circumstances indicate that the employee may not be
eligible for industrial disability leave as claimed, evidence of industrial disability
may be requested such as a physician's statement of the industrial disability.
6. Arbitrary failure or refusal to follow accepted medical practice in treating a
disability shall be reason for discontinuing or withholding industrial disability
income.
SECTION 40
LEAVES OF ABSENCE WITHOUT PAY
METHOD OF REQUESTING LEAVES OF ABSENCE WITHOUT PAY
1. An employee who desires a leave of absence from work without pay shall file a written
request with the Department-Head on forms provided by the Personnel Department,
stating the title of his/her position, the beginning and ending dates of the requested leave
and a full statement of the reasons for such request. The Department Head may .grant or
deny such leave for a period not to exceed three work days. Request for additional leave
must be submitted in the same manner to the City Manager.
GENERAL CONDITIONS
2. During a leave of absence, an employee will not accrue vacation nor be eligible for any
payments for time off work as provided by this agreement.
3. Subject to and consistent with. the Group Health and Life Insurance Plan, coverage may
be continued during a leave of absence without pay provided direct payment of the total
premium is made by the employee in a manner prescribed by the CITY OF PETALUMA.
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~r~
4. During a leave.of,absence, both the CITY OF PETALUMA's and the employee's
contributions. to the Employees' Retirement Plan are discontinued and benefits do not
accrue, nor can they be withdrawn, nor are they forfeited.
PERSONAL LEAVE .
5. An employee for personal reasons may be granted a leave of absence without pay by the
CITY OF PETALUMA for a period not to exceed three (3) months. The leave may be
extended for additional periods, but in no case shall a leave and extensions exceed six (6)
months. A leave for personal reasons as herein provided may not be used to extend or
compound a leave of absence granted under any other provision of this agreement.
MEDICAL LEAVE
6. An employee who (1) is unable to work because of non-industrial personal sickness or
injury, or (2) has exhausted sick leave and vacation payments, may be granted a leave of
• absence without pay upon request in writing and the furnishing of satisfactory evidence of
• sickness or disability. The evidence of disability may be furnished by any person having
direct knowledge of the sickness or disability. The leave of absence available pursuant to
this paragraph contemplates a short term leave which is agreed to be a period of one
calendar month or less.
7. For continuing disability, extended leave of absence without pay may be granted for a
period up to six (6) months unless further extended by the CITY OF PETALLTMA. In no
event will an extended leave. of absence without pay exceed one (1) year. The amount of
extended leave of absence granted pursuant to this paragraph shall be dependent upon the
employee's furnishing satisfactory proof of disability, a showing of receiving continuing
and appropriate medical treatment, and the furnishing of a physician's opinion that leave
of absence is warranted for medical reason and that his/her prognosis is that the employee
will be physically fit to perform his/her duties at the end of the requested leave of
absence. In the event the employee's physici'an's prognosis and report is equivocal, the
CITY OF PETALUMA may request its physician to submit his/her independent report.
8. In order to, be eligible to return to active employment, the employee returning from a
medical leave of absence must provide, at least fourteen (14) calendar days prior to the
end of leave, a statement from the employee's physician releasing the employee to return.
to work. If the employee cannot return to his/her former position, he/she will be placed in
an eligible category for a classification for which he/she has the ability to perform the
work.
9. The CITY OF PETALUMA, at its option and without cost to the employee, may require
that a physician or physicians of its choosing examine the employee before returning
him/her to active employment.
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SECTION 41 '
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 42
JURY LEAVE
1. 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 PETALUMA 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.
2. For the purposes of this Section, time served as a juror or as a witness, compelled to
appear on behalf of the CITY OF PETALUMA under subpoena, by an irregular shift.
employee shall. be paid time not to exceed the number of hours the employee would have
worked on such day. However, such time shall not be considered as time worked for
purposes of Overtime. It is the intent of this Section to allow an employee compelled by
law to appear as a juror or witness to compute that time as a portion of the employee's
work day so that the employee will not be required to appear in court under service of
process and also work a shift for the CITY OF PETALUMA during one twenty-four (24)
hour period.
SECTION 43
MEALS AND REST PERIODS
1. All employees shall be granted a meal period of thirty (30) minutes during each scheduled
work shift; except for employees who work other than the regular day shift. The
designated thirty (30) minute meal period shall be without pay.
2. There shall be granted a rest period at the time, place and manner that does not interfere
with the efficient. operation of the Department. Such rest period shall be with pay and
shall not exceed fifteen (15) minutes for each four (4) hours of work. The rest period is
intended to be a recess to be preceded and followed by an exter?ded work period.
Consequently, it may not be used to cover an employee's late arrival to work or early
departure, to extend the meal period, nor may it be regarded as cumulative if not taken.
34
SECTION 44
COMPENSATORY TIME OFF
Employees may receive, in lieu of being paid for overtime, compensatory time off.
No employee may earn more than two hundred forty (240) hours of Compensatory Time Off per
fiscal year. In addition, no employee may retain on the books more than two hundred 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. The employee may take Compensatory
Time Off up to maximum of five (5) days at a time selected by the employee, subject to the
operational requirements of the CITY OF PETALLTMA and with approval determined by the
CITY OF PETALUMA.
SECTION 45
ALTERNATE WORK WEEKS
The CITY OF PETALiJMA agrees to consider reasonable alternative work week programs
proposed by the iJNION. 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 PETALLTMA. 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.
35
PitOCEDi7RES
SECTION,46
NEW OR CHANGED 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 PETALUlVIA's recommendation, it shall be deemed to be
approved by the UNION.
SECTION 47
SENIORITY
1. In the event of any reduction in the work force, the CITY OF PETALUMA will apply the
principle of seniority and the last employee hired shall be the first laid off. In rehiring,
the last person laid off shall be the first rehired. A complaint regarding compliance with
this section shall be a subject for grievance. In rehiring former employees laid off under
this Article, the CITY OF PETALUMA shall offer re-employment in the order of
seniority to such former employees who at the time of layoff were performing services
essentially the same as required for the vacancy, provided that the period of layoff has not
exceeded one (1) year.
2. In shift assignments, the CITY OF PETALUMA will give consideration to the preference
- of employees and to seniority; provided, however, that final responsibility and authority
in job assignments, the determination of qualifications, ,and the method of determining
the qualifications for any job, shall remain vested in the CITY OF PETALUMA.
36
LOSS OF SENIORITY
3. Seniority shall be terminated by:
a. Resignation
b. Discharge for cause
c. Retirement
d. Failure to return to work. from layoff within seven (7) calendar days .after notice to
return by certified or registered mail or by telegram addressed to the employee at
• his/her last known address on file with the CITY OF PETALUMA Personnel
Office.
SENIORITY LIST
4. The CITY OF PETALUMA shall prepare and maintain a seniority list which shall show
the names, classification .title,. department, and seniority date of all employees. The
UNION (Petaluma Employees' UNION) shall be given two copies of the list within thirty
(30) calendar days after the date of this Agreement, and thereafter a current list every six
months.
5. A seniority list, including the same information, shall be maintained for each department.
This list shall be available for inspection by the employee or his/her steward.
6. These lists shall be deemed correct as to an employee's seniority date unless the
employee, or the steward for the employee, notifies the CITY OF PETALUMA to the
contrary in writing within five (5) days after a list is given to the UNION.
SECTION 48
' PROMOTIONS
1. Except for those positions not requiring written examinations, promotions in the CITY
OF`PETALUMA service shall be based. on a competitive examination and records of
efficiency;. character, conduct or other generally accepted qualifications deemed necessary
or reliable in obtaining a passing, grade. The CITY OF PETALUMA will give significant
consideration to the performance of the employees, seniority, physical fitness, and ability
to perform the work. Lists shall be created~and promotion made therefrom in the same
manner as prescribed for original appointments.
2. Whenever practical, vacancies shall be filled by promotion. The rules covering
promotional examination shall be the same as those governing original entrance
examinations. '
37
NOTICE OF EXAMINATIONS
3. Notice of examinations shall be printed and. shall be posted on the official bulletin boards
of the CITY OF PETALUMA and may be advertised by any other means chosen by the
' Personnel Officer. Public notice shall be posted at least five (5) days prior to the final
filing date, and shall contain the following information.
a. The title and rate of pay for the position to be filled;
b. Some typical duties to be performed;
c. Minimum qualifications required;
d. The method of securing application forms and the final filing date on which
applications will be accepted;
e. The relative weights assigned to the various parts of the examination;
f. The minimum passing score.
4. In addition to the posting and any other advertising that takes place for a position as
outlined in the above paragraph, a copy of the notice will be sent to the UNION for those
positions in the work unit which they represent.
5. Employees who have successfully passed an examination for a higher position, and have
been certified for the higher position, will be deemed to qualify for positions with lesser
qualifications and may be certified to a lesser position, provided no lists exist for the
lesser positions.
6. In the event that an applicant accepts a lower classified position, he/she will be allowed to
remain on the eligibility list for higher classification until the list is abolished.
SECTION 49
TEMPORARY APPOINTMENTS
1. It shall. be the policy of the employer to avoid temporary appointments whenever
possible; unless failure to do so will seriously hamper the success of the CITY OF
PETALUMA program. Under such circumstances and when sufficient time may not be
taken to fill a permanent position through the normal procedure, a temporary appointment
may be made. Employees receiving temporary appointments shall be required to qualify
by the normal selection procedures to become a probationary employee in that class _
within sixty (60) days.
2. During any period in which employees are being considered for promotion and during
any posting period, it shall be the policy of the employer to avoid temporary employment
to such positions, unless the failure to make appointments to such positions would
38
seriously hamper the success of the CITY OF PETALUMA program. Under such
circumstances and when sufficient time may not be taken to fill a permanent position
through the normal procedure, a temporary appointment may be made.
SECTION 50
TRANSFERS BETWEEN SECTIONS
SHIFT CHANGES WITHIN A WORK SECTION-
1. The City Manager may authorize a change for an employee from
one position to another in the same or comparable class of work where the same general
type of qualifications are required for entrance to such a position.
TRANSFERS
2. When an employee within his/her own classification and work section wishes to change
from one shift to another shift, he/she shall file a request for transfer identifying the shift
he/she is in and the one he/she chooses to transfer to and file it with the Personnel
Officer.
3. Request for transfer from one department or work section to another department or work
section having a different jurisdiction or different function shall be filed with the
Personnel Officer and shall be done only with the consent of both department heads
involved, unless such a transfer is ordered by the City Manager for purposes of economy
or efficiency.
4. Any person transferred to a different position shall possess the minimum qualifications
for that position.
5. An employee who has been transferred pursuant to his/her request or who has been
,promoted and not returned to his/her former classification, need not be considered by the
CITY OF PETALUMA for a subsequent transfer or promotion during the six month
period following. his/her transfer or promotion.
6. If the employee has filed more than one request for transfer, only the most recent of
his/her requests will be considered by the CITY OF PETALUMA for making a transfer.
Such transfers will be considered only if the employee possesses the minimum
qualifications for the position.
39
SECTION 51
PROBATIONARY EMPLOYEES
1. An employee is a probationary employee for his/her first six months of employment in
any classification. In the event of a promotion of a permanent employee to a higher _
classification, the six month probationary period in the higher classification will be
reduced by one day for each two days the employee had worked in temporary assignments
in that higher classification. Periods of absence exceeding five (5) working days shall.not
be counted toward completion of the-probationary period.
2. No matter concerning the discipline, lay off or termination of a probationary employee
shall be subject to the grievance procedure.
3. An employee who has been promoted but does not successfully pass his/her promotional
probationary period of six (6) months,, shall be reinstated to the position which he/she
held prior to the promotion pursuant to Section Transfers and Promotions.
4. Upon an employee request within a one (1) month period following a promotion, he/she
shall be returned to a regular job opening in the classification from which he/she was
promoted, at the pay rate. from which he/she was promoted ,but in no event shall he/she
be held in the promotional position over one (1) month following his/her request for
reinstatement to the lower position. Upon reinstatement to the former position, the
employee's name will be removed from the promotional eligibility list.
SECTION 52
LAYOFF AND RECALL
A. Work Elimination
Should the CITY OF PETALUMA decide, for labor cost-control reasons, to permanently
eliminate bargaining. unit 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 OF PETALUMA 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 PETALUMA's own. employees.
40
B. Layoff and .Recall
46. 1, Statement;of ><ntent. Whenever, in the judg-merit 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.
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 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 the re-
employment list.
46.4 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 ~ 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 Seni®rite. In order to retreat to a former or lower classification, an employee must
have more seniority than at least one of the incumbents in the retreatclassification,_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 imreverse 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 PETALiJMA 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 he 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. Employmerit'Status.. In each classification of position within the competitive
service, employees shall be laid off ,according to employment status. in the following order:
temporary, provisional, probationary, and regular.
41
Temporary,. provisional and probationary employees shall be laid off according to the
needs of the servioe 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, based on seniority, when a
vacancy arises in the same or lower classification of position before certification is made from. an
eligible list.
46.8. Duration of Re-Employment List
Names of persons laid off shall be•carried on a re-employment list for two years.
SECTI®N S3
PEItSONNEI, FILES
An employee (or his or her representative, on presentation of written authorization from
the employee in a form acceptable to the CITY OF PETALUMA) 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.
ItE1VI®VAL OF LETTERS OF C®>IJNSELING
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 sealed and
destroyed provided..-the following conditions are met:
a. The file does not contain subsequent letters of reprimand or records of disciplinary
action involving 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.
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•
SECTI®N 54
RETIREMENT PLAN
54.1 During the term of this agreement, the CITY OF PETALUMA shall continue
membership as an agency-under contract with the State of California Public Employees'
Retirement System in accordance with and subject to the provisions of the State
Employee Retirement Law .
5'4.2 Each pay period, all permanent and probationary employees shall have deducted from
their earnings a retirement contribution at a percentage rate established by the Retirement
Law.
54.3 The CITY OF PETALUMA will modify its contract. with PERS to implement the
following options:
54.4 2% @ 55 Retirement Plan
a. Sick leave credit.
b. Last year compensation.
c. Military Buyback
d. 1959 Survivors Benefit (3rd level)
SECTI®N 55
DISCIPLINE
1. TheCITY OF PETALIJIVIA shall not discharge or take other disciplinary action without
reasonable cause. If the,CITY OF PETALUMA has reason to reprimand an employee; it
should be done in a manner-that will not embarrass the employee.
2 There are two types of corrective or disciplinary action: informal and formal.
Informal .Action: There are three types of informal corrective action: an oral reprimand,
written reprimand, and if necessary, a corrective interview. Where a rule, order, standard
of conduct or performance requirement has been violated, an oral or written reprimand
may be appropriate. The' "supervisor should make it clear that the conduct is unacceptable
and repetition is inappropriate. If necessary, warning should be given that stronger
informal action. will be taken in the future. Where oral or written reprimands have failed
to correct a pattern of unacceptable behavior a corrective interview may be appropriate.
In unacceptable behavior; a corrective interview may be appropriate. In a corrective
43
interview, the supervisor confers privately with the employee regarding the employees'
performance and/or conduct, and together they develop a plan, including target dates, for
correction of unacceptable job performance. This "plan" shall be in writing and signed by
both -the .employee and supervisor. Together, these two informal types of action are both
preventive and corrective'measures, intended to correct a problem situation without
recourse to the severity -and greater complexity - of formal action.
Formal Action: If the informal corrective measures, including, written reprimand, do not
result in adherence to job :performance requirements, formal action may become
necessary. Formal actions are usually taken only after a serious infraction of the rules, or
after repetitions of lesser infractions where the informal process has been unsuccessful.
Formal action alternatives include:
(1) Suspension without pay for not more than. 240 hours;
(2) Reduction in salary;
(3) Demotion to a lower job class;
(4) Dismissal.
3. REIMBURSEMENT FOR LOSS OF BENEFITS
In the event an employee is disciplined or discharged and an appeal is made as provided
in the Rules of .Appeal of the Personnel Board in the Rules and Regulations of the CITY
OF PETALLTMA, and such appeal results in a decision favorable to the employee, he/she
shall be reimbursed for-loss of pay or fringe benefits, as recommended by the Personnel
Board.
SECTION 56
GRIEVANCE PROCEDURE
PURPOSE
1. 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 agreement. It is the .
purpose of this procedure to resolve grievances at the lowest possible level- and to provide
for an: orderly procedure for reviewing and resolving grievances promptly.
2. An attempt shall'be made to ascertain all facts and adjust all grievances on an informal
basis between the employee and, if he/she desires, his/her designated representative and a
supervisor in the employee's chain of command up to and including his/her division head.
Presentation of this grievance shall be made. within ten (10) working days of the incident
causing the .grievance. •
3. If the grievance is not adjusted to the satisfaction of the employee involved within five (5)
working days after the presentation of the grievance, the grievance shall be submitted in
44
writing b,y the employee and/or his/her designated representative to the Department Head
. with a copy thereof to the Personnel Office within the next ten (10) working days. In
every case the grievance must be signed by the employee. The Department Head shall
meet with the employee and/or his/her designated representative within five (5) working
days of the receipt of the written grievance and shall deliver his/her answer to the
employee within five (5) working days after the meeting in writing.
4. If the grievance is not adjusted then, the Personnel Officer shall meet with the employee
and/or his/her designated representative, within five (5) working days of the receipt of the
written grievance and shall deliver his/her answer to the employee within five (5)
working days after the meeting in writing.
5. If the grievance is still .not adjusted, or if the parties fail to agree on the adjustment of the
grievance, a request may be made: in writing by either party to the Personnel Board to
settle the grievance. Such request must be made five (5) working days after the
' .Department Head's or the Personnel Officer's response is given to the grievance.
6. The Personnel Board's decision shall be submitted to the, City Manager for
determination. The board shall not have the power to add to, delete, or alter any
provision of this agreement; but shall limit its decision to the scope, application and
interpretation of this agreement.
7. At any step in the grievance procedure, the employee may at his/her election be permitted
to have a Shop Steward or other UNION representative present to assist him/her in the
presentation of his/her grievance. The UNION may designate-the Shop Steward and.shall
notify the Department Head and the City Manager of the appointment. Should an
employee elect to present a grievance in person and without participation of any iJNION
Officer or Shop Steward, this is expressly allowed. No grievance appeal shall be
considered at any level unless filed in the appeal periods provided in this article.
SECTION 57
E1VI>PI,OYEE JOB TRAINING.
1. Any training required by the CITY OF PETALUMA will be subject to the Fair Labor
Standards Act.. Books and tuition will be paid for by the employee.
45
SECTION 58
SAFETY COlVIIVII'TTEE
1. A Labor/Management Safety and Health Committee shall be established within Unit
2. Thies Committee shall consist of one member of the UNION under Public Facilities
and Services, one member of the UNION under Water Resources and one member of
the UNION under Parks and Recreation r and two members of Management. The
duties of the Labor/Management Safety Committee shall be as outlined in the CITY
OF PETALUMA's Injury and Illness Prevention Program. The Committee shall meet
quarterly.
2. A Safety Committee 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.
SECTION 59
BONUS HOLIDAY
The CITY OF PETALUMA and the CITY OF PETALUMA EMPLOYEES' UNION agree that
for the term of this Memorandum of Understanding an employee who does not use any sick leave
during the period between July; and June 30, will be awarded-one (1) bonus holiday during the
following Fiscal Year.
SECTION 60
DIZIVEIiS' LICENSES
CLASS "A"/"B" LICENSES
It is the goal of the UNION and the CITY OF PETALUMA to ensure that all employees are
qualified to use the equipment required for the job. In order to meet this goal, the CITY OF
PETALUMA will provide the following training for Class "A" and/or "B" licenses.
NEW IIII2ES
All new hires ,assigned to those positions listed below, will be required to have a Class "A" or
"B" license.
46
CURRENT EMPI;OI'EES
1) The CITY OF PETALUMA will pay the cost of°the initial Medical Exam and the
Application Fee for the license.
2) An on site training will be provided prior to testing.
3) Written training materials will be provided.
4) The CITY OF PETALUMA will provide training videos regarding Driving and Safety
Checks.
5) The CITY OF PETALUMA will provide a DMV approved certification process to cover
in house personnel.
6) As new equipment is brought on line that requires a Class "A"" or "B" license, this
procedure will apply.
7) The CITY OF PETALUIVIA will pay for one additional Medical and / orDriving
Practical Test should a re-exam be necessary.
8) Renewal of licenses and associated fees will be paid by the CITY OF PETALUMA (i.e. -
the difference between the cost of the Class "A" or "B" and the general Class "C" license).
PROMOTIONS
Upon completion of the probationary period for all future promotions to all classifications of
Lead worker, candidates must possess a Class "A" license. If the applicant succeeds in
completing the probationary period, the cost of the Class "A" will be reimbursed.
INABILITY TO QUALIFY
1VI>EI)ICAL
For those individuals who are unable to meet the medical certification required for the
equipment, the following will apply:
1) The CITY OF PETALUMA will evaluate.the level of services able to be provided
without the Class "A" or "B" and see if the license requirement for the individual position can. be
waived.
or
47
2) The CITY OF'PETALUMA may use the current language in the MOU to effectuate a
transfer to a position where. the license is not required. This shall be. interpreted in accordance
with State and Federal Law.
3) For an employee who is currently in possession of a Class "A" or "B": license and is
unable to transfer to another position where the license is not required, the CITY OF
PETALUMA will have the right to~reclassify the employee to a lower classification in a position
that does not require the Class "A: or Class "B" and "Y'' rate the employee so assigned.
POSITION ADJUSTMENTS.
For those individuals who are unable to meet the certifications required for the written /practical
exam, the following will apply:
1) The CITY OF P-,ETALUMA will evaluate the level of services able to be provided
without the Class "A" or "B" and see if the individual position can be waived.
2) The CITY OF PETALUMA may use the current language in the MOU to effectuate a
transfer to a position.where the license is not required.
3) If 1 or 2 is not achievable, the CITY OF PETALUMA and the UNION will meet and
explore other option on an individual basis.
4) Any dispute shall be resolved through the grievance procedure as set forth in Section 48
of the MOU.
GENERAL
This section will not apply to any disciplinary action that results from Drug and Alcohol testing
as required by CITY OF PETALUMA Policy or by the Department of'Transportation.
CLASS "B" REQUIRED Effective 10/1/95
Equipment Maintenance Leadworker
Equipment Mechanic
Utility Maintenance Worker II (Sewer Collection)
Utility Maintenance Worker III (Sewer Collection)
Street Maintenance. Worker II(Paving Section)
Street Maintenance Worker III (Paving Section)
Street Maintenance Leadworker
Utility Maintenance Leadworker
Equipment Maintenance Leadworker
48
CLASS "A" I~QiJIREI) Effective 10/1/95
Employees who are promoted to the below listed classifications. after the above effective date
will be required to have Class "A" license.
Street Maintenance Leadworker
Utility Maintenance Leadworker
Equipment Maintenance Leadworker
Note: As new equipment is acquired,: new classes or sections may be added.
49
This document represents the final and complete Agreement resulting. from the 1999 / 2002 Meet
and Confer sessions with the AFSCIVIE LOCAL 3910 A, Maintenance -Unit 2.
Representatives of the CITY OF PETALUMA and Unit 2 acknowledge that they have fulfilled
their mutual and respective obligations to. Meet and Confer under the Meyers-Milias-Brown Act.
As a result, the parties have come to a mutual understanding which the representatives of the
CITY OF PETALUMA and Unit, 2, 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 LOCAL 3910 A, Maintenance -Unit 2
Signature Date
Signature ~ Date
Signature Date
Signature Date
CITY OF.PETALUMA
Signature Date
Signature Date
~eso R`l -a-I $ ~1GS so