HomeMy WebLinkAboutResolution 99-219 N.C.S. 12/06/1999 Resolution No. 99-219 N.C.S.
2 of the City of Petaluma, California
3
4 RESOLUTION RATIFYING MEMORANDUM OF UNDERSTANDING EXECUTED
5 BY THE DULY AUTHORIZED REPRESENTATIVES OF THE CITY AND THE
6 AMERICAN- FEDERATION OF STATE, COUNTY AND 1VIUNICIPAL
7 EMPLOYEES, LOCAL 3910A FOR EMPLOYEES OF UNIT 3 (CLERICAL /
8 TECHNICAL)
9
10
11 WHEREAS, the City, through its duly authorized representatives, and the
12 American Federation of State, County and Municipal Employees, Loca13910A through it
13 duly authorized representatives, have concluded their mutual obligation to meet and
14 confer in good faith with respect to terms and conditions of employment for the
15 employees in Unit 3, in accordance with the Meyers-Milias-Brown Act and the City's
16 Employer-Employee Relations Rules and Regulations (Resolution No. 5512 N.C.S.); and
17
18 WHEREAS, the duly authorized representatives of the City and the American
19 Federation of State, County and Municipal Employees, Loca13910A have executed a
20 Memorandum of Understanding pursuant to Section 15, Resolution No. 5512 N. C. S.
21 and recommend its approval by the City Council; and
22
23 WHEREAS, the City Manger, pursuant to Section 28, City of Petaluma City
24 Charter, and as the City's Municipal Employees' Relations Officer (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
27
28 WHEREAS, the City Manger has reviewed and concurs with said Memorandum
29 of Understanding for Unit 3, and does recommend that the City Council ratify said
30 Memorandum of Understanding.
31
32 NOW, THEREFORE, BE 1T 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 July 12, 1999 through
35 July 7, 2002.
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Under the power and authority conferred upon this Council by the Charter of said City.
REFERENCE: I hereby certify the foregoing Resolution was introduced and adopted by the Approved as to
i.
Council of the City of Petaluma at a (Regular) (131~7C»]02~d~C~145~[~) meeting ;
on the ..._-6.tla day of ........~.e~~r~l~~............................., 19..9.1-~ by the
following vote:
ity Attorney
AYES: Healy, Torliatt, Cader-Thompson, Nlaguire, Vice Mayor Keller, Mayor Thompson
NOES: None
ABSENT: Hamilton -
, ~
ATTEST :
City Clerk ~I_ , Mayor
- Council File
a,-K~ H~~s. N,,.......9.9-.2.1.9...... N.cs.
UNIT 3
MEMORANDUM OF UNDERSTANDING
AFSCME - 3910A
CLERICAL /TECHNICAL
FISCAL YEAR 1999-2002
peso 9' ~ - ~ 9 ~1c5
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TABLE OF CONTENTS
Preamble
General
UNION MATTERS
Section 1 Term of Agreement
Section 2 Recognition
Section 3 Dues Deduction-
Section 4 UNION-Representatives
Section 5 Access To Work Location
Section 6 Use Of CITY OF PETALUMA Facilities
Section 7 Bulletin Boards
Section 8 Advance Notice
Section 9 CITY OF PETALUMA Rights
Section 10 Non Discrimination
Section 11 List Of Employees
COMPENSATION
Section 12 Salary
Section 13 PERS Retirement Contributions
Section 14 Overti~rne
Section 15 Stand By Pay
Section 16 Out of Classification Work
Section 17 Payment for Work During Leaves
Section 18 Compensation for Clothing
Section 19 Vacation, Payment at Termination
Section 20 Sick Leave, Payment of -
Section 21 Deferred. Compensation
Section 22 Retiree'Benefit Payment
Section 23 Health and Dental Cash Back
Section 24 Bilingual Pay .
Section 25 ~ Smoking Cessation Plan
INSURANCE
Section 26 Medical Insurance
Section 27 Dental Insurance
Section 28 Life Insurance
Section 29 Disability Insurance
Section 30 Vision Insurance
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LEAVE '
Section 31 Vacation
Section 32 Sick Leave
Section 33 Bereavement Leave
Section 34 Holidays
Section 35. Military Leave
Section 36 Leave of Absence Without Pay
Section 37 Compensatory Time Off
Section 38 Jury Leave
Section 39 Family Medical Leave Act
OTHER
Section 40 Retirement
Section 41 Health and Safety
Section 42 Grievance Procedure
Section 43 Discipline Procedure
Section 44 Personnel Files
Section 45 Probation
Section 46 Layoff and Recall
Section 47 Alternate Work Weeks
Section 48 Transfers and Promotions
Section 49 Performance Evaluations
Section 50 New and Changed Classifications
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This Memorandum of Understanding is entered into pursuant to the provisions of
the Meyers; Millias, Brown Act, Section 3500 et seq of the Government Code of the State
of California.
The parties have met and conferred in good faith regarding wages, hours and other
terms and conditions of employment. for the employees in said representation unit, and
have freely exchanged information, opinions and proposals and have reached agreement
on all matters relating to the employment conditions and employer-employee relations of
such employees.
This Memorandum of Understanding shall be presented to the City Council of the
CITY OF PETALUMA as the joint recommendation of the undersigned parties for salary
and employee benefit adjustments for the period July 12, 1999 and ending July 7, 2002.
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GENERAL
SECTION 1
TERM OF AGREEMENT
This MOU shall be effective for a three (3) year term for the fiscal year
commencing July 12, 1999 and. ending July 7, 2002.
SECTION 2
RECOGNITION
2.1. CITY OF PETALUMA Recognition:
The Municipal Employee Relations Officer of the CITY OF PETALUMA of
Petaluma or any person or organization duly authorized. by the Municipal Employee
Relations Officer, is the representative of the CITY OF PETALUMA of Petaluma,
hereinafter referred to as the "CITY OF PETALUMA" in employer-employee relations.
2.2. UNION Recognition
Subject to the statutory rights of self-representation under Government Code
section 3503, the American Federation of State, County and Municipal Employees, Local
391'0 A ,Unit 3, CLERICAL / TECI=IlVICAL, hereafter referred to as the "UNION" is the
recognized employee organization for those CLERICAL / TECI~lICAL positions listed
in Exhibit "A."
2.3 Agency Shop
A. Introduction. The following modified Union Shop procedures shall apply to all
employees represented by the Union.
(1) Limitation of Provision. This provision shall be in accordance with
Government Code- Section 3502:5.
(2) Duty of Representation. The Union agrees that it has the duty to provide fair
and non-discriminatory representation to all bargaining unit employees regardless of
whether they are members of the Union.
(3) Applicability- The provisions of this section shall not apply during periods
that an employee is: separated from the representation unit, including, but not limited to,
transfers, layoff and leaves of absence without pay.
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(4) Union Certification. The Union certifies that it has adopted, implemented,
and will maintain procedures in accordance with. all applicable statutes, decisions by the
courts of competent jurisdiction, and other applicable legal authority.
(5) Change in Law. In the event there is a change in law whereby any provision
contained in this section becomes invalid, or in the event any provision in this section is
determined to be unlawful, the parties shall meet and confer within 30 days to negotiate a
substitute provision which conforms to the law or court decision.
B. Union Membership or Payment of Agency Fee.
Effective adoption of this resolution by the City Council all bargaining unit employees,
excluding those current non union members, shall, as a condition of continued
employement, either:
(1) Become and remain a member of the Union;
(2) Pay to the Union an agency fee in an amount which does not exceed an
amount. that may be lawfully collected under applicable constitutional, statutory, and case
law. This amount shall be equal to or less than the monthly dues paid by members of the
during the duration of this MOU, it being understood that it shall be the sole
responsibility of the Union to determine an Agency Fee which-meets the above criteria; or
(3) Religious Objection. For employees who are a member of a bona fide
religion, body or sect.which has historically held conscientious objections to joining or
financially supporting public employee organizations as a condition of employment, such
employee shall not be required to join, maintain membership in, or financially support the
Union. Such employee shall, in lieu of payment of dues or agency fee to the Union, pay a
charity fee in an amount. no greater than such agency fee to one of three negotiated non-
religious, non-labor, charitable funds that are exempt from taxation under Section 501 (c)
(3) of the Internal Revenue Code, which has been selected by the employee from the
following: .
Petaluma Peoples Service Center Meals on Wheels Hospice of Petaluma
Petaluma Peoples Service Center Senior Nutrition Site
Petaluma Boys and Girls Club
C. Hudson Procedure. The Union shall provide to the City a copy of its "Hudson
procedure" for the determination and protest of its fees. The Union shall provide a copy
of this procedure to every bargaining unit member covered by this MOU within 10 days
of the signing of this agreement.. The City shall provide to the Union a list of those
employees who are Union members with the monthly payment of deductions by the City
to the Union. Annually thereafter;. and as a condition. to any change in the union's fees,
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the Union shall provide each member with a copy of the Union's "Hudson procedures"
and shall provide to the City confirmation of such mailin~g~.
D. Revocation of Membership Provision. Once each year, in IDecember, or, for a new
employee, at the time he or she commences employment with the City, each member of
the bargaining unit may elect to revoke of union membership without penalty to their
employment with the City, on an appropriate form approved. by the City. The member
shall thereafter have no obligation to pay union dues and the City shall cease making
deductions from their paycheck. The party electing to "revoke membership" shall be
subject to'the provisions of Para B (2), (3) above.
E. Financial Reports. The Union shall comply with the financial reporting requirements
stated in California Government. Code Section 3502.5
E. Payroll Deductions. Payroll deductions for union dues shall be granted by the City to
the Union in accordance with the following terms and procedures. Deductions shall be
made only upon the employee's written authorization on a payroll deduction form
approved by the City and shall. cease in the event the employee opts-out of Union
membership in accordance with paragraph E.
{1) .Authorization Subject. to the opt-out provision. of paragraph E above, all new
employees who are hired' into job classifications in this unit naay at the time of hire
execute an authorization for the payroll deduction for union dues. Authorization,
cancellation or modification of payroll deduction shall be made upon forms provided or
approved by the City Manager. The voluntary payroll deduction authorization shall
remain in effect until employment with the City is terminated or until otherwi~se~~revoked
in accordance with the: terms of fihis paragraph. Employees may authorize dues
deductions only for the Union certified as the recognized representative of the unit to
which such employees are assigned. Any dues deduction authorization will automatically
terminate in the event that the Union's status as exclusive representative for the
bargaining unit members terminates.
(2) Sufficiency of Earnings. The employee's earnings must be sufficient; after~all
other required deductions are made, to cover the amount of the deductions.. herein
authorized. When an employee is in a non-pay status :for an entire'pay period,, no
withholdings will' be made to cover that pay period from future earnings :nor will the
employee deposit the amount with the City which would have been withheld if the
employee had been ri pay status during that periad. In the case of any employee who is
in a non-pay .status during a, part of the pay period, and the salary is not sufficient to cover .
the full withholding, no deduction ahall be made. In this connection, :all other required
deductions have priority over the Union dues deduction.
(3) ,Union Dues Payroll deductions shall be for a specific amount and uniform as
between employee members of the Union. Check-'off authorization for Union dues which
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were executed prior. to the~execution of this Agreement. shall remain in full force and
effect.
(4) Payment to Union. Amounts deducted and withheld by the City shall be
transmitted to the. officer designated in writing by the Union as the person authorized to
receive such .funds at the' address specified.
G. Discipline. No employee shall be disciplined under this section unless the Union has
first;
(1) Notified th'e employee by letter, explaining that he/she is delinquent in not
tendering the required union fee, specifying the. amount of such delinquency, and warning
the employee-that unless such union fee is tendered within 30 calendar days, the
employee will be reported by the Union to the City for disciplinary action as provided for
in this section, and
(2) Furnished the City with written proof that the procedure set forth in section I
(1) above has been followed, and,has supplied the City with a copy of the letter sent to the
employee, notice that the employee has not complied with the request, along with the
following certification:
The Union certifies that (employee's name) has failed to tender the union fee
required as a condition of employment under the 1VIOU, and therefore, under'the ferrns of
the1VIOU; the Union'requests That the City terminate the employee's employment wtYi'the
City..
H. Indemnification and Hold Harmless. The Union,agrees to indemnify, defend and
hold the City harmless. against any and all claims, demands., suits, orders, judgments,, or
any forrm of liability that--may arise out of or by reason of this section, or that arise out or
byreason of, any actions taken or not taken by the City under this section. This.includes,
but is not limited to, the City's reasonable attorneys' fees and costs. In addition, the
Union shall refund to the Gi"ty any amounts paid to it in error on presentation of
supporting evidence.
SECTION 3
DUES D>EI~UCTION
The CITY OF PETALUMA shall grant payroll deductions for membership dues
to the UNION in accordance: with the terms of'this paragraph..
The following procedures shall be observed in the withholding of employee
earnings:
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(a) Payroll deductions shall be for a specific. amount and uniform as between
employee members of the UNION. Payroll deductions. shall be limited solely to
membership dues. Dues deduction shall be made only upon the employee's written
authorization on a payroll deduction form provided. by the UNION and approved by the
CITY OF PETALUMA.
(b) Authorization, cancellation or modification of payroll deduction shall be
made upon forms provided or approved by the City Manager. The voluntary payroll
deduction authorization shall remain in effect until employment with the CITY OF
PETALUMA is terminated or until canceled or modified by the employee by written
notice to the City Manager. Employees may authorize dues deductions only for the
UNION.certified as the recognized representative of the unit to which such employees are
assigned. Any dues deduction authorization will automatically terminate in the event that
the UNION's status as exclusive representative for the bargaining unit members
terminates.
(c) Amounts deducted and withheld by the CITY OF PETALUMA shall be
transmitted to the officer designated in writing by the UNION as the person authorized to
receive such funds at the address specified.
(d) The employee's earnings must be sufficient, after all other required
deductions are made, to cover the amount of the deductions herein authorized. When an
employee is in a non-pay status for an entire pay period, no withholdings will be made to
cover that pay period from future earnings nor will the employee deposit the amount with
the CITY OF PETALUMA which would have been withheld if the employee had been in
pay status during that period., In the case of any employee who is in a non-pay status
during a part of the pay period, and the salary is not sufficient to cover the full
withholding, no deduction shall be made. In this connection, all other required deductions
have priority over the UNION dues deduction.
(e) The UNION agrees to indemnify, defend and hold the CITY OF
PETALUMA harmless against any claim made and against any suit initiated against the
CITY OF PETALUMA on account of check-off of UNION dues. In addition, the
UNION shall refund to the CITY OF PETALUMA any amounts paid to it in error upon
presentation of supporting evidence.
SECTION 4
UNION REPRESENTATIVES
CITY OF PETALUMA employees who are official representatives of the UNION
shall be given reasonable time off with pay to attend meetings with management
representatives, investigate grievances, or be present. at hearings where matters within the
scope of representation or grievances are being considered. The use of official time for
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this purpose shall. be reasonable and. shall not interfere with the performance of CITY OF
PETALUlVIA services as determined by the CITY OF PETALUMA. Such employee
representatives shall request time off from their respective supervisor and coordinate
work schedules. Except by mutual. agreement, the number of employees excused for such
purposes shall not exceed three (3). However, in order that any given department not be
unduly. burdened by the released time requirements, in no case shall more than one
representative from any particular job classification in the same Department be allowed
released time pursuant to this section at any given time. If two or more employees
request to be excused .from any one department pursuant to this section., subject to the
approval. of the Department°Head or his/her designee.
No employee other than an official representative on released time pursuant to this
provision shall attend to or conduct iTNION business while on duty, nor shall CITY OF
PETALUIVIA equipment be utilized for such matters except as specifically authorized by
this MOiJ.
SECTION 5
ACCESS TO WORD LOCATION
.Reasonable access to employee work locations shall be granted officers of the
UNION and thei"r officially designated representatives for the purpose of processing
grievances or contacting members of the UNION concerning business within the scope of
representation. Such officers or representatives shall'notify the CITY OFPETALUMA
Personnel Director, or his. designee prior to entering onto CITY OF PETALUMA .
premises for such purposes. Access shall be restricted so as not to interfere with the
normal operation of the department or with established safety or security requirements.
Solicitation of membership and activities concerned with the internal management
of the iJNION, such as collecting dues, holding membership meetings, campaigning for
office, conducting elections and distributing literature, shall not be conducted during
working hours.
SECTION 6
LTSE OF ,CITY OF PETALUMA FACILITIES
CITY OF PETALUMA employees or the iJ1VION or their representatives may,
with the prior:approval of. the Personnel Director, be granted the use of CITY OF
PETALUIVIA non public ;access facilities during non-working hours for meetings of -
CITY OF PETALiJ1VIA employees provided space is available. All such requests shall
state: the purpose or purposes of such meetings. The use of CITY OF PETALUMA
equipment other than items normally used in the conduct of business meetings, such as
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desks, chairs, and blackboards is strictly prohibited,.. the presence of such equipment in
approved CITY OF PETALUMA facilities notwithstanding.
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SECTION 7
BULLETIN BOARDS
The UNION may use portions of CITY OF PETALUMA bulletin boards under
the following conditions:
1. All material must be dated and must identify the UNION that
published them.
2. Unless special ,arrangements are made, materials posted will be
removed thirty (30) days after the date first posted.
3. The CITY OF PETALUMA reserves the right to determine where
bulletin. boards shall be placed and what portion of them are to be allocated to '
UNION materials.
4. If the UNION does not abide by these rules, it will .forfeit its right
to have material posted on CITY OF PETALUMA bulletin boards.
SECTION 8
ADVANCE NOTICE
Except in cases of declared emergencies, reasonable advance written notice .shall
be given the UNION of any ordinance, 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 QF
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 PETALUlV1A shall
-have the sole dscretion.to act as may be required during"the course of the emergency to
ensure the provision of what it determines. to be adequate and necessary public service,
including, if necessary, the authority to temporarily suspend any provision of this MOU.
Upon the termination of said emergency, the terms and conditions of the existing
Memorandum of Understanding will again become effective.
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SECTION 9
CITY OF PETALI<J1VIA RIGI-ITS
It is the right of the CITY OF PETALUMA o make decisions of a managerial or
administrative character including: decisions on the type, extent and standards or services
performed, decisions on the. methods, means and- personnel by which the CITY OF
PETALUMA operations and:services are to be conducted, and those necessary to exercise
control over CITY OF PETALUMA government operations in the most efficient and
economical manner practicable and in the best interests of the CITY OF PETALUMA
residents. All managerial'functions and rights to which the CITY OF PETALUMA has
not expressly modified.: or restricted. by specific, provision of this MOU shall remain with
the CITY OF PETALUMA.
SECTION 10 "
- NON-DISCRIMINATION
The CITY OF PETALUMA will.. not interfere with or`discrirmnate in any way against' any
.employee by reason of his/her membership in, or activity required by this Agreement, or "
will the CITY OF PETALUIVIA discourage memo"ership i.n the UNION or encourage
membership in any other UNION.
The CITY OF PETALUMA .and the UNION agree to apply the terms of this Agreement -
without discrirriinaton as" to age, sex, sexual preference, religion, race, color, creed,
national origin, marital status, Vietnam Veteran status as defined by applicable: state
and/or federal law and/or because of an employee's participation ornon-participation in
those activities recognized by applicable -law as legitimate UNION activities.
Additionally, insofar as the Americans with Disabilities Act may require
accommodation"for individuals protected under the Act„and because these
accommodations must be determined on an individual, ease-by-case basis, the parties
agree that, subject. to the limitations imposed by this paragraph, the provisions of the
Agreement may be disregarded in order for the CITY OF PETALUMA to avoid
discrimination relative to hiring, promotion, .granting permanency,. transfer, layoff;
reassignment, termination, rehire~rates of pay, job and duty classification, seniority;
leaven, fringe benefits, training opportunities, hours of work or other terms and privileges
or opportunities. The UNION recognizes and. agrees that the CITY OF PETALUMA has
the legal obligation to meet with the individual employee to be accommodated before any
adjustment. is .made in working conditions. However, the CITY OF PETALUMA agrees
to notify'the UNION prior to implementation of an accommodation program that will
significantly alter the terms and conditions of other bargaining unit employees'
employment, and to meet and confer upon request in .those instances. The UNION
understands and agrees that; in agreeing to meet in such instances, the CITY OF
PETALUMA may take those steps reasonably necessary in the circumstances to protect
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individual erriployees' rights fo privacy and rights to CLERICAL / TECI~TICAL medical
information.
In the event that the CITY OF PETALUMA and the iJNION are unable to agree with
respect to the- proposed accommodation, .the UNION may resort to a court of competent
jurisdiction for any relief itbelieves it maybe enti l'ed~to. However, until otherwise '
ordered by a court of competent jurisdiction, the CITY OF PETALUlVIA 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 usedas evidence of a past practice.
SECTION 11 '
I,I~ST _®F EMPLOYEES
The CITY OF PETALL7MA agrees to annually furnish the UNION with the
names; classifications, and dates of hire for all members of the Unit 3 CLERICAL /
TECHNICAL bargaining .unit no later than September.
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COIVIPENSATION~
SECTION 12 ,
SALARY
Cost of Living and Equity Adjustments
The CITY OF PETALUIVIA shall adopt .the following salary .for each of the employees in
the following classifications. These salaries shall be effective as follows:
July 12, 1999.
Accounting Assistant I $13.16 $13.82 $14.51 $15.24 ; $16.00
Accounting Assistant II $15.69 $16.47 $17.30 $18.1..6 $19._07
Administrative Secretary $16.96 $`17.81.. $18.70 $19.64 .$20.62
Assistant in Civil Engineering $21.78 $22.87 $24.01 $25.21 $26.47
Assistant in Traffic Engineering $21.78 $22.87 $24.01 $25.21 $26.47
• Building Inspector I $18.22 $19.13 $20.08 $21.09 $22.14
Building Inspector II $22.41 $23..53 $24.71 $25.95 $27.24
Engineering Technician I $12.41 $13:03 $:13.68 $14.36 $15.08
Engineering Technician II $19.00 $19.95- $20.94 $21.99 $23.09
Mail Services .Assistant $11..08 $11.63 $12.21 $.12.82 $13.47 -
Office Assistant I $11.08 $11.63 $12.21 $12.82 $13.47
Office Assistant II $13.58 $14,26 $14.97 $15.72 $16.50
- Permit Processing Technician $15.79 $16:5.8 $17.41 $18.28 $19.20
Planning Technician I ~ $14:64 $15:37 $16.14 $16.94 $17.79
Plans, Examiner $25..19 $26.45 $27.77 $29..16 $30.62
Police Records Assistant I . ~ $11.27 $.11:83 $12.42 $13:04 $13.70
Police.Reaords Assistant II $13.82 $14,51 $15.24 $16.00 $16.80
Public Works Inspector $22.77 $23'.91 $25.10 $26.36 $27.67
Secretary $14.55 $15:27 $16.04 $16.84 $17.68
Senior Planning Technician $19.72 $20.70 $21.74 $22.82 $2396>
Shelter~Assstant $13.58 $14.26 $14.97 $15.72 $16.50
July 1~~0; 2000 ~ ~ _
Accounting Assistant I $13.90 $14.60 $15.33 $16.09 $16.90
Accounting Assistant 11~ . $16.52 $17.35 $18.21 $19.12 $20.08
Admnistrative :S'ecretary` $18.06 $18.97 $19.92 $20.91 $21.96
Assistant in Civil Engineering $23.00 $24.15 $25.35 $26.62 $27.95
Assistant in Traffic Engineering $23.00 $24..15 $25.35 $26.62 $27.95
. Building Inspector~I $19.27 $20.24 $21.25 $22..31 $23.43
Building:Inspector II $23.91 $25.:1..1 $26.37 $27.68 $29.07
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Engineering Technician I $T3:20: $13..86 $14.56 $15.28 $16.05
Engineering Technician II $20.21 $21:22 $22.28 $23,40 $24.57
Mail Services Assistant $11.65 $12.24 $12.85 $13.49 $14.17
Office Assistant I $11.65 $12.2'4 $12.85 $13.49 $14.17
Office Assistant II $14.42 $15.14 $15.90 $16.69 $17.53
_ Permit Processing Technician $17.06 $17.91 $18.81 $19.75 $20.73
Planning Technician I $15.38 $16.15 $16.96 $17.81 $18.70
Plans Examiner $27.48 $28.86 $30.30 $31.81 $33.40
PoliceRecords Assistant I $12.06 $12.66 $13.29 $13.96 $14.65
Police Records Assistant II $14.94 $15.69 $16.47 $17.29 $18.16
Public Works Inspector $24.09 $25.29 $26.56 $27.88 $29.28
Secretary $15.81 $.16.60 $17:43 $18.31 $19.22
Senior Planning Technician $20.50 $21.53 $22.61 $23.74 $24.92
Shelter Assistant $14.42 $15.14 $15.90 $16.69 $.17.53
July 9, 2001
Accounting Assistant I $14:68 , $15.4:1 $.16.19 $16.99 $17.84
Accounting Assistant II ~ ~ $17.39 $18.26 $19.18 $20.14 .$21.14
Administrative Secretary $19.24 $20.20 $21.21 $22.27 $23.38
Assistant in Civil Engineering $24.28 $25.50 $26.77 $28.1.1 $29.52
Assistant in Traffic Engineering $24.28 $25.50 $26.77 $28.11 $29.52
Building Inspector I $20.39 $21:41 $22.48 $23.60 $24.78
Building Inspector II $25.52 $26.79 $28.13 _ $29.54 $31.02
Engineering Technician I ~ $14.05 $14.75 $15.49 $16.26 $17.08
Engineering Technician II $21.51 $22.58 $23.71 $24.90 $26.14
Mail Services Assistant $12.26 $12.87 $1.3.52 $14.19 $14.90 .
Office Assistant I $12.26 $12.87 $13.52 $14.19 $14.90
Office Assistant II $15.31 $16:08 $16.88 $17.73 $18.61
Permit Processing Technician $18.42 $19.34 $20.31 $21.33 $2.2..39
Planning Technician I $16.17 $16.97. $17.82 $18.71 $19.65
-Plans Examiner $29.98 $31.48 $33.06 $34.71 $36.44-
Police Records Assistant I ~ $12.90 $13.55 $14.22' $14.93 $.15:68'
Police Records Assistant II $16.15 $16.96 $17.80 $_18.70 $19.63
Public Works Inspector $25.49 $26.76 $28.10 $29.50 $30.98
Secretary $17.19 $18.05 $18.95 $19.90 $20.89
Senior Planning Technician $21.32 $22.39 $23.51 $24.69 $25.92
Shelter Assistant $15.31 $16.08 $16.88 $17.73 $18.61
16
SC1-90761.1
A Cost of Living Adj,ustmeiit'of 3,5`% and the.followng Equity Adjustments for each
classification listed are :included in the above calculations for each of the 3 years.
Equity Adjustment s
The CITY OF PETALUMA shall adopt.. the following salary for each of the
employees in.-the following classifications. These salaries shall be effective July 12, 1999
and at the beginning of the first full pay period in July of each year during the term of this
Memorandum of Understanding a Cost of Living Adjustment of 3.5% and the following
Equity Adjustments for each listed classification.
Equity Adjustments
Accounting Assistant I 2.1%
Accounting Assistant II 1.8%
Administrative Secretary 3.0%
Assistant in Civil Engineering 2.1%
Assistant in Traffic. Engineering 2.1%
Building Inspector I 2.3%
Building Inspector II 3.2%
Engineering Technician I 2.9%
Engineering Technician.II 2.9%
Mail Services Assistant 1.7%
Office Assistant I 1.7%
Office Assistant II 2.7%
Permit Processing Technician 4.5%
Planning Technician I ~ 1.6°Io
Police Records Assistant I 3.5%
Police Records Assistant II 4.6%
Public Works Inspector 2.3%
Secretary 5.2%
Senior Planning Technician. 0.5%
Effective Deeember'27, 1999 the following classification shall be made a part of this
Unit.
Shelter Assistant
17
- SC1-90761.1
SECTION; 13'
PERS RETIREMENT CONTRIBUTIONS
The percentage of each employee's PERS contribution previously paid by the
CITY OF PETALUMA pursuant to the Compensation Plan as the Employer Payment of
Member Contribution (EPMC) shall instead be paid to the employee who shall then pay
that amount to PERS. For purposes of withholding, the CITY OF PETALUMA shall
defer that portion of the employee's contribution paid to PERS through Section 414(h)(2)
of the Internal'Revenue Code pursuant to CITY OF PETALUMA of Petaluma Resolution
90-363. Therefore, for calculation of base salary at retirement, the employee shall now
have an increased base salary that will include the total amount of the employee's
contribution to PERS previously paid as EPMC. The CITY OF PETALUMA will
withhold the employee's contribution from the employee's pay, and the CITY OF
PETALUMA will make the employee's payment of .the employee contribution directly to
PERS on behalf of the employee. 'The employee may not make an election to take this
amount in salary and/or to make the payment to PERS. The tax exemption does not apply
to FICA/social security. The following is an eXample of the application of IRC 414(h)(2)
as applied to miscellaneous employee.
' An employee makes $1,000 per month base salary. Under the prior contract the
employee was not responsible for paying 7% of the required 7°Io employee contribution.
The CITY OF PETALUIVIA was responsible for paying 7% ($70.00), which was a CITY
OF PETALUMA responsibility.that was in addition to the $1,000 base salary.
Under the 414(h)(2) method, the EPMC will revert to salary and the employee's
base salary will now be $1;070. Of this, 7% (approximately $75.00) will be paid to PERS
from the $1,070. The full 7%' will be tax exempt and this means the employee will pay
taxes. on $995.00.
SECTION 14
OVERTIME
14.1. General. All hours worked. in excess of eight (8) in any one dayor an
excess of forty (4Q) in any work week shall be compensated for at the overtime rate which
shall be one :and one-half (1:5) times the regular rate of pay; provided, however, that in
the event an employee is required to work overtime without a break in excess of 4 hours
beyond the end.of his/her regularly scheduled work shift, the employee shall be
compensated for those excess hours at the overtime. rate of two (2.0) times the regular rate
of pay. Overtime shal'1 only be worked after having received prior authorization by the
department-head or a managerial supervisor.
18
SC1-90761.1
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 P.ETALUMA's Alternative Workweek Policy.
14.2. Minimum. Any employee required to work overtime shall, in no case, be
compensated for less than one hour for such overtime.
14.3. Minimum for Callbacks. Any.employee required to return to work on an
unscheduled, emergency basis.. after the end of the employee's working day, shall, in no
case., be compensated for less than two hours for such overtime.
SECTION 15
STAND >BY
If, in an emergency situation, an employee in this. unit is asked to .leave work
before he end of his/her scheduled work day with the expectation that he/she will be '
called back to work to finish'the.remainder of their work day at alater time, but the
employee is not in fact called back to work that day, the CITY OF PETALUMA agrees to
compensate the employee .for the :full normal working day. In exchange, up unti'1 the time
that the employee's regular shift is scheduled to end, such employees will be on standby
status.,. without any entitlement to any extra compensation. Except as so specified,
employees in this unit are not required to work on a stand by basis.
SECTION 16
OUT O>F CLASSIFI`CATI®N WORT
16.1. Unit members who are asked to perform out-of-class work are eligilile for
out=of-class pay when the following conditions are met:
A. The member must have been assigned the work by either the employee's
,Supervising Manager or Department Head. _
B. If the member thinks the assignment is "out-of -class", it is' the
responsibility of the member to inform the personassigning the duty prior fo engaging in
the assignment:
C. If the member and person assigning the work disagree- that the work
should be .compensated as "out-of-class", the member shall initiate the work assigned and
may resolve the issue through the grievance procedure.
19
SC1-90761.1
16:2 Rate of Compensation. Members, performing out-of-class work shall be
compensated at an additional five (5%) percent on an:hour=per-hour basis when such
work:is being performed.
16.3 Responsibility of the 1Vlember: It is the responsibility of the member to
inform the person assigning out-of-class work when such work is finished.
.SECTION 17
PAYMENT FOR WORK'IIURING LEAVES
When it becomes necessary because of an emergency to have employees work
during legal holidays or during scheduled vacation leaves., such employees working on
such legal holidays and during periods of vacation shall be entitled to receive additional
remuneration at the rate of one and one-half times their regular rate of -pay.
SECTION 18
COMPENSATION FOR.CLOTHING
18.1 General. The City 1Vlanager is authorized to provide compensation to
CITY OF PETALUMA employees for loss or damage to their clothing that occurs during
the course of carrying .out, an official duty. A request for. compensation hereunder shall be
submitted in writing,:. in detail, to the City Manager via the department head concerned.
The amount of compensation, if any, shall be at the discretion of the City Manager.
18.2.. Work Boots. The CITY'OF PETALUMA shall pay the cost of safety work
boots up to $150.b0 per Fiscal Year upon receipt being .provided to the Personnel Office.
Each employee covered by`this section upon completion of his/her initial probationary
period will be credited the above amount and may draw down through the submittal of
invoices to the CITY OF PETALUMA. This section applies to the Engineering
Technician series, Assistant Civil Engineer, Public Works Inspector and Building
Inspector series.
20
SC1-90761.1
SECTION 19
VACATION, PAYIV>[EENT AT TERMINATION
Employees who leave CITY OF PETALUIVIA employment shall be paid in a
lump sum for all accrued vacation leave earned prior to the effective date of termination
not to exceed two (2) years accumulation.
SECTION 20
SICK LEAVE, PAYMENT OF
In the event of the death or retirement of an employee who has completed ten. (1.0)
or snore, years of continuous service with the CITY OF PETALUMA, the employee shall
be paid or shall receive to his/her benefit fifty percent°(50°Io) of his accumulated but .
unused sick leave not to exceed 480.hours. The employee may elect not to receive this
benefit, and instead place all sick leave hours into the PERS sick leave conversion benefit.
SECTION 21
DEFERRED COMPENSATION
The CITY OF PETALUMA shall make available. to the members of this unit the
CITY OF PETALUlVIA's Deferred Compensation. Plan.
SECTION 22
RETIREE BENEFIT PAYMENT
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 PETALiJ1VIA will commence payment of the
.$100.00 at the beginning of the month following the receipt. of written notice by the
retiree. ~ '
2. For employees retirng;after September 1,.1997 and who meet the service
~requirementslisted in paragraph 1 above, those employees shall receive an additional $20
per month as a retiree service benefit.. Should. the retred_ employee not continue in the
PEMCHA plan, that retired employee will beel'igibl'e for an amount of $120 as a direct
21
SC1-90761.1
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 beingcovered by the PEMCHA plan
and the 'CITY OF PETALUIVIA will commence payment of the $120:00 at the beginning
of the month following the receipt of written notice by the retiree.
3. Those amounts, listed in paragraph 2 above; shall be adjusted. to the following
amounts:
Effective July 10,.2000: $30.00 per month. totaling $130.00 per month
Effective July 9, 200'1: $40.00 per month totaling $140.00 per month
SECTION 23
I~EA><:TH7DENTA'L CARE CASH BACK
An eligible employee"may request cancellation of the employee's CITY OF'PETALUlyIA
paid medical and/or dental-insurance coverage under~,Secfion 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 cases,
" 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°Io of the "equivalent
monthly cost", as defined herein, of insurance coverage of said employee. In. determining
the "equivalent monthly cost" of such coverage, the CITY OF PETALUMA shall
calculate the monthly premium amount which. would be paid by the CITY OF
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 lowerfigure
"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 lcuels of coverage (as calculated using. the HPR plan).
Upon ,such cancellation of the employee's; dental coverage, the CITY OF PETALUMA
will instead pay to the ,eligible employee, on a monthly basis, an amount equal to 50°Io of
the CITY OF PETALUMA's internally generated estimated monthly cost of the self-
funded dental costs.
22
SC1-90761.1
Any employee canceling coverage will be required to meet all rules and conditions of the
particular plan, including, but not limited to, all rules and: conditions governing
administration, cancellation, and re-enrollment.eligibility. By requesting a cash payment
pursuant to thissection, such employee understands and agrees as a condition of receipt
of this payment, that re-enrollment eligibility into any plan is not guaranteed.
.SECTION 24
BILINGUAL PAY
Effective July 12, 1999, qualified represented members will be eligible for bilingual pay
at $ l'30 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 shad 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.
SECTION 25
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.
23
SC1-90761.1 ~ '
gNSiJRANCE
SECTI®N 26
MEDhCAL :INSURANCE
26.1.. ACTIVE.Employees. The CITY OF PETALUMA shall participate in the
Public Employees' Medical Health Care Act (PEIVICHA) for members of Unit 3
(CLERICAL /TECHNICAL). The premium paid by the CITY OF PETALUMA toward
this program shall be in the amount of $100.00 per month per employee.
26.2. Other Health and -Welfare Payments. The CITY OF PETALUMA shall
provide to the active. members of Unit 3 additional monthly health and welfare payments
equal the PEMCHA, Health Plan of the Redwoods premium amounts less $100.00.
- SECTION 27
DENTAI, INSURANCE
- The CITY OF PETALUMA shall provide for- a group Delta Dental Insurance
Program for CITY OF PETALUMA employee and dependents in this Unit. Additionally,
. the CITY OF PETALUMA shall contribute toward an Orthodontist plan $1,000. per child
at a 50% co-payment rate: The CITY OF PETALUIVIA shall pay, during the period of
this Cornpensatiorr Plan the full cost toward the CITY OF PETALUMA group .dental
program: coverage program
SECTION 28
LIFE INSURANCE
The CITY OF PETALUMA shall provide fora. group term life insurance program
for CITY OF PETALUMA employees in this Unit. The CITY OF PETALUMA shall
pay, during the course of the Compensation Plan, the insurance cost towards employee
only coverage for such insurance in the principle sum of $50,000 per employee effective
~ January 1,.2000.
24
SC1-90761.1
SECTION 29
DISABILITY INSURANCE'
29.1 Short-Term -Disability Insurance. The CITY OF PETALiJMA agrees
that :employees in this unit may, on a purely voluntary basis and at their own expense,
participate in AFLAC's short-term disability insurance, as long as the number of
employees electing to particpate.in the program meets the minimum participation
standards set. by the carrier.
29.2 Long-Term Disability Insurance. The CITY OF PETALUM~A shall
provide for along-term disability plan, with the premium to be paid for by the CITY OF
PETALUlVIA.
SECTION 30
' VISION PROGRAM `
The CITY OF 1?ETALUMA shall provide a. Vision Plan for employees and
dependents. The cost shall be paid for by the CITY OF PETALUMA.
25
SC1-90761.1
LEAVE
SECTION 31
VACATION
31.1. Accrual All regular employees of the CITY OF PETALUMA, after
working one full .year are entitled to the equivalent of,eighty (80) hours of vacation with
pay in the year following the ,year in which vacation is earned.
All regular employees of the CITY OF PETALUlVIA, after five (5) years of
continuous service with :the CITY DF PETALUMA, and beginning with the sixth year,
shah be entitled to the equivalent of one hundred twenty (120) hours of vacation per year..
After ten (10) years of continuous. service with the CITY OF PETALUMA, eight (8)
hours of vacation shall be added for each year of continuous service to a maximum of two
hundred (200) hours of vacation.
Vacatian time shal'1 not.be accumulated in excess of two years.
31.2 Scheduling. The times during a calendar year in which an employee may
take his/her vacation shall be determined by the department. head with due respect for the
wishes of the employee and particular regard for the needs of the service. If the
requirements of the service are -such that an employee cannot take part or all of his annual
vacation in a particular calendar year, such vacation shall be taken during the following
calendar year.
31.3. Deferral. Any eligible employee with the consent of the head of, hi"s/her
department and the Personnel O'ffiee may defer his/her annual vacation to the succeeding;
calendar year subject to other provisions of this rule. A written report of each deferred
vacation. signed by the appropriate department head and the Personnel Officer noting the
details shall be kept on file with the Personnel Office. In the event. one or more murii'cipal
holidays fall within an annual vacation Ieave, such holidays shall not be charged as
vacation leave and vacation lease ahall be extended accordingly.
31.4 Usage. An employee;maybegin to use accrued vacation after successfully
completing his/her probationary period with the CITY OF PETALUMA.
26
SC1-90761.1
SECTION 32
SICK LEAVE
32.1. General. Sick leave with pay shall be granted to all. employees as set forth '
in this section. Sick -leave is not a right, which an employee may use at his discretion, but
rather, shall be-used only in case of personal illness, disability or the .serious illness or
injury of an employee's family member that requires the employee's attention. The term
family members shall. include: spouse, domestic partner, children, parents., spouse's
parents, brothers, sisters or other individuals whose relationship to the. employee is that of
a dependent or near dependent.
32.2. Accrual. Sick leave shall accrue to all full-time employees at the rate of '
eight hours for each month of continuous service.
32.3. Notification Procedures. In order to receive compensation while absent on
' sick leave, the employee shall notify his/her immediate superiar or the Personnel Office
prior to or within four hours after the time set for beginning his .daily duties as may be
specified by the head of his/her department. When absence is for more than -three days
duration,, the employee may be required to file a physician's certificate with the. Personnel
Office stating the cause of the absence.
32.4. Relationship to Workers Compensation. Benefits shall be payable in
situations where miscellaneous employee absence is due to industrial injury as provided
in California State Workers' Compensation Law. During the first one hundred sixty work
hours when the employee's absence has been occasioned by injury suffered.. during his/her
employment and he/she receives Workers' Compensation, he/she shall receive full pay. .
Medical appointments related to industrial injury or illness shall be calculated on an
hourly basis. Following this period, sick leave maybe a supplement to the W'orkers'
benefits provided the employee. Compensation is at his/her regular rate for a period not
fo exceed six months, or until such sick leave is exhausted, or the disability is abrogated,
or that employee is certified "permanent and stationary" by a competent medical '
authority. The CITY OF PETALUMA shall pay him/her the regular salary, based on the
combination of the Workers' Compensation benefit plus Sick Leave.
Sick leave for industrial injury shall not be allowed for a disability resulting from
sickness, self-inflicted injury or willful misconduct.
The. CITY OF PETALUMA may retire any employee prior to the exhaustion of
accumulated sick leave, at which time all accrued but unused sick. leave shall be
abrogated, subject only to the limitations provided under this Memorandum of
Understanding.
27
SC1-90761.1
32.5. Sick Leave Transfer Policy Employees wishing to donate hours of sick
leave to another employee may do so by sending a written request, approved by their
department. head; to he Personnel Office naming the individual to receive the sick leave
and the amount .donated, with the following restrictions:
1. Employees who wish to transfer sick leave must retain a
minimum of 160 hours of sick leave. to be eligible to transfer sick leave.
2. All such transfers of sick leave are irrevocable.
3. Thee, employee receiving the sick leave transfer must have
zero (0) hours of accrued sick leave., vacation and CTA leave on the
books.
4. Employees may not buy or sell sick leave. Only the time
may be transferred.
5. Employees may not transfer sick leave upon separation of
service.
6. Transfer of sick leave shall be allowed between Units 1, 2, &
3.
7. No more than ninety (90) workdays of Sick Leave may be
received by an employee for any one illness or injury.
SECTI®N 33
BEREAVEMENT LEAVE
33.1 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-law; brother, sister, brother-in-law, sister-in-
law, child, including an adopted child, or grandchild and grandparent, an employee who
attends the funeral shall be granted time off work with pay. The amount. of time off work..,
with pay sha1T be only that which is required'to attend the funeral and snake 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 addi"tional 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.
28
SC1-90761.1
SECTION. 34
HOLIDAYS
34.1. ':Fixed >Folidays. The CITY OF PETALUMA shall observe twelve (12)
fixed-date holidays. These holidays shall be established forthe CITY OF PETALUMA's
fiscal. year as determined by City Council resolution
The Holidays for FY 99/00, FY 00/Ol, and Ol/02 are as follows:
Independence Day -
LaborDay
Columbus Day
Veterans' Day
Thanksgiving Day
Day After Thanksgiving
Christmas Eve
Christmas Day
New Year's Day
Martin Luther King Day
Presidents' Day
Memorial Day
When a holiday falls on a Saturday, that holiday will be observed on the prior Friday.
When a holiday falls on a Sunday, that holiday will be observed on the following
Monday. Should thi conflict-with a Friday or Monday designated holiday,. the Friday or
Monday holiday will occur on'the preceding Thursdayor following Tuesday.
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.
34.2, Floating Holidays. During the Fiscal Year the CITY OF PETALUMA will
authorize one (1) "Floating Holiday" per employee, which may be taken by the employee
at a time selected by the employee, subject to operational requirements and approval
determined by the CITY OF PETALUMA. Employees hired.between July 1, and
December 31, will be eligible fora "Floating Holiday" during the course of the Fiscal
Year.
29
SC1-90761.1
SECTION 35
MILITAR~~I;EAVE
Military leave shall be arranged in accordance with the provisions of State Law.
All .employees entitled to military leave shall give the appointing power an opportunity
within the limits of military regulations to determine when such leave shall be taken.
SECTION 36
LEAVE OF ABSENCE. WITHOUT PAY
36.1. The City Manager may grant a regular or probationary employee leave of '
absence without pay pursuant to 'S'tate and Federal Law. Good cause being shown by a
written request, the City Manager may extend such leave of absence without pay or
seniority or benefits for an additional period not to exceed six (6) months. No such, leave
shall. be granted except upon written request of the employee setting forth the reason'for
the request, and the approval, will be in writing. Upon expiration of a regularly approved
. leave or within a reasonable period of time after notice to return to duty, the employee
shall be reinstated in the position held at the -time leave was,granted. Failure' on the part
of an employee on leave ~to report promptly at its expiration, or within a reasonable time
after notice to return to duty; shall be cause for discharge.
SECTION 37
COMPENSATORY TIME.. OFF
Employees may receive., in lieu of being paid,for overtime, compensatory time off
at a mutually agreeable time between the CITY OF PETALUMA and the employee
subject to the operation requirements of the CITY OF PETALUMA and with approval
determined by the CITY OF PETALUMA. No employee may earn more than two
hundred forty°(240) hours of Compensatory Time Off'per fiscal. year. CTO shall not be
pyramided or compounded. In addition, no employee may retain on the books. more than
forty hours of unused Compensatory Time at any given point during'the fiscal. year.
Amounts submitted in excess of these limits shall be paid at time and one-half of the
regular rate of pay.
30
SC1-90761.1
1
i
SECTION 38
JiTR'~' LEAVE-
Every classified employee of the CITY OF PETALUMA who is called or required
to serve as a trial juror shall be entitled to absent himself/herself from his/her duties with
the CITY OF 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 hies full salary and any payment received by hire; except travel
pay, for such duty. For Grand Juries, this compensation shall not extend beyond twenty
(20) working days.
SECT-I®N 39
FAMILY MEDICAL LEAVE ACT
Pursuant to the Family and Medical. Leave Act of .1993, FMLA leave maybe
granted to an employee who has been employed for at least twelve (12) months by the
CITY OF PETALUMA acid'who has provided at least 1,250 hours of service during the
twelve (12) months beforethe leave is requested. The leave may be granted up to a total
of twelve (12) weeks during the fiscal year for the following reasons:
A. Because of the birth of a child or placement for adoption or foster care of a child;
B. In order to care for the spouse, son, daughter, parent, or one who stood in place of
a parent of the employee; if such. spouse, son, daughter, parent, or "in loco parentis" has a
serious health condition;
C. ~ .Because of a serious health condition that makes the employee unable to perform
his/heremployment 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 frorri 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 tofamily 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
31
SC1-90961.1 -
for adoption or foster care of a child. The employee wi l 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.
32
SC1-90761.1
®TI3ER
SECTION 40
RETI>EZEMENT
The CITY OF PETALUMA'S retirement plan under the Public Employees'
Retirement System shall consist of the following items:
Miscellaneous Employees: 2% @ 55.
Options: 1.959 Survivors Benefit (Level 3)
One year Final Compensation Average
Unused Siek Leave Credit
Military Service Credit -Public Employees
SECTI®N 41
HEALTH AND SAFETY
A. The CITY OF PETALUMA agrees that it has the obligation to take reasonable
steps to furnish employment and a place of employment, which is safe and healthful for
its employees.
B. The UNION may report to the CITY OF PETALUMA any condition, which it
perceives to be a working condition that is less than safe or healthful. Upon receiving.
such a report, the CITY OF PETALUMA agrees to meet with the UNION to discuss the '
reported condition.
C. A Safety 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
PETALLTMA's Injury and I1lness.Prevention Program.
33
SC1-90761.1 ~ ~ '
SECTION 42
GRIEVANCE PROCEDURE
42.1. Purpose of Rule
1. To promote improved employer-employee relations by establishing
grievance: procedures on .matters for which appeal or hearing is not provided by other
regulations.
2. To afford employees individually or through his/her recognized
employee organization a systematic means of obtaining. further consideration of problems
after every reasonable effort'has failed to resolve them through discussions.
3. To provide that grievances shall be settled as near as possible to the
point of origin. "
4. To'provide that appeals shall be conducted as informally as
possible.
42.2. Matters Subect To Grievance Procedure The .grievance procedure shall
be used to process and resolve grievances arising out of the interpretation, application, or "
enforcement of the express terms of this Memorandum of Understanding.
42.3. Informal Grievance Procedure. An employee who has a problem or
complaint should-first try to get it settled through discussion with his/her immediate
supervisor without undue delay. If, after this discussion, he/she does not believe the
problem has been satisfactorily resolved, he/she shall have the right to discuss it with
his/her supervisor's immediate supervisor, if any, in the administrative service. Every
effort should be made to find an .acceptable solution by informal means at the lower
possible level of supervision. If the employee is not in agreement with the decision
reached.by discussion, he/she shall then have the right to file a formal appeal in writing
within .ten (10) calendar days after receiving -the informal decision of his/her irnrnediafe
superior. An informal appeal shall not: be Taken above the appointing power.
42.4: Formal Grievance Procedure (levels of review through chain of
command)
1. First level of review. The appeal shall be presented in writing to
the employee's immediate supervisor, who shall render his/her decision and comments in
writing and return them to tfie employee within five (5) calendar days after receiving the
appeal. If the employee does not agree with his/her.supervisor's decision, or if no answer
has been received within five (5) calendar days, the employee may present the appeal in
writing to the supervisor's immediate superior. Failure of the employee to take further .
34
SC1-90761.1
action within five (5) calendar days after receipt of the. written decision of the employee's
supervisor; or"within the total of fifteen (15) calendar days if no decision is rendered, will
constitute a dropping of the appeal.
2. ~ Further level or levels of review as appropriate The supervisor
receiving the appeal shall review:it, render hies/her decision and comments in writing, and
return them to the employee within five (5) calendar-days after receiving the appeal. If
the employee does not agree with the decision, or if rio answer. has been received within
five (5) calendar days,: employee may present the appeal in writing to the department
head. Failure of "the employee to take further action within five (5) calendar days after
receipt of the decision is rendered, will constitute a dropping of the appeal.
3. Department Review The department head receiving the appeal of
his/her designated representative, should discuss the grievance with the employee, the
employee's representative, if any, and- with other appropriate persons. The department
head shall render his/her.decision and comments in writing, and return them to the
employee withinfive (5) calendar days after receiving .the appeal. If the employee does
not agree-with 'the decision reached, or if no answer has been received within five (5)
calendar days after receipt of the decision or within a total of fifteen (15) calendar days if
no decision is rendered, will constitute a dropping of the appeal.
4. CITY OF PETALUMA City Manager receiving the appeal or
his/his designated representative should discuss the grievance with the employee; his/her
representative, if any, and' with other appropriate persons.. The' City Manager may
designate. a fact finding committee.; officer not: in the normal line of supervision, or
Personnel Board to advise h'i_mLher concerning the appeal. The City Manager shall
render a decision in writing to the employee within twenty (20) calendar days after
receiving the appeal.
5. Conduct Of Grievance Procedure
(a) The time limits specified above may be extended to a definite date
by mutual agreement of the employee., his/her representative and the reviewer concerned,.
(b) The employee may request the assistance of another persgn of
his/her own choosing in preparing. and presenting his/her appeal at any level of review.
(c) The employee and:his/her representative may be privileged to use a
reasonable amount of work time as determined by the appropriate department head in
conferring about and presenting the appeal.
(d) Employees shall be assured freedom from reprisal for using the
grievance procedures.
35
SC1-90761.1
SECTION 43
DISCIPLINE PROCEDURE
Right-of Discipline. The CITY OF PETALUMA shall have the right to discharge, .
suspend, demote, or take any other form of discipline against any employee for due cause. .
43.1 Disciplinary .Procedures:
a. Other than Termination: Except for probationary employees unless
otherwise required by law, any regular employee subject to discipline exceeding three(3)
calendar days suspension is entitled to a written statement of the reasons for such action,
a copy of the charges and material upon which such action is based, where applicable,
and the right to respond, either orally or in writing, concerning the disciplinary action.
Upon request, the employee is entitled to a hearing in accordance with this MOU.
b. Termination: Except for probationary employees unless otherwise
required by law, a regular employee subject to termination is entitled to written notice of
the proposed action, a written statement of the reasons. for such action, a copy of the
charges and material upon which such action is based, where applicable, and the right to
respond, either orally or in writing, concerning the proposed termination action. Upon
request, the employee is entitled to a hearing in accordance with this MOU.
432. Mules of Appeal to Personnel Board:
a. R~ht of Appeal: Any regular employee in the competitive service
shall have the right to appeal to the Personnel Board any discipline exceeding :five (5)
calendar day suspension that he or she believes is unjust, except in instances where the
right of appeal is specifically prohibited by the Personnel Ordinance, or the. Rules and
Regulations and this 1Vlernorandum of Understanding.
b. Method of Appeal: Appeals shall.. be in writing, subscribed by the
appellant, and filed with the Personnel Officer within three (3') calendar days after the
effective date of any disciplinary action and unless so filed the 'right to appeal is lost:
The Personnel Officer within five days after receipt. of the appeal,,, shall inform .each
member of the Personnel Board, the CITY OF PETALUMA City Manager and such other
persons or Officers .named.. or affected by the, appeal or the filing of the appeal. The
appeal shal'1 be a written statement, addressed o the Personnel Board, explaining the
matter appealed from and .setting forth therein a statement of the action desired by 'the
appellant, with the reasons- therefor. The formality of a legal pleading is not required.
c. Notice: Upon the filing of an appeal, the Personnel Officer shall
set a' date for a hearing on `the appeal not less than ten (10) days, nor more than thirty (30)
days from the date of filing. The Personnel Officer shall notify all interested parties of
36
SC1-90761.1
the :date,. time' and place of the hearing at such places as the Personnel Board shall
prescribe.
d. Investigation: Upon the filing of an appeal, the Personnel Board
may .make such independent investigation of the matter as it may deem necessary. The
result of such investigation shall be made a ,part of the record of the proceedings and the
appellant shall have the right to have a reasonable time within which to answer or to
present evidence in opposition to the findings of this independent investigation.
e. Hearings: The appellant shall appear personally, unless physically
unable to do so, before the Personnel Board at. the time and place of the hearings. The
appellant may be represented by any person or attorney;as may be selected and may at the
hearing produce relevant oral or documentary evidence. The appellant shall proceed first
and, at the conclusion, opposition matters may then be presented. Rebuttal matter not
repetitive may be allowed.in the discretion of'the Personnel Board. Cross examination of
witnesses shall be permitted. The conduct and decorum of the hearing shall be under the
control of the Personnel Board by its Chair, with due. regard to the rights and privileges of
' the parties appearing before it. Hearings need not be conducted according to technical
rules relating to evidence and witnesses. Hearings shall be open unless the appellant, in
writing; requests a closed hearing.
f. Findings and Recommendations: The Personnel Board shall,
within ten. (10) days after the conclusion of the hearing, certify .its findings 'and decision in
writing to the ,appellant ,and to the CITY OF PETALUMA City Manager and to the
person, officer or body appropriate from whose action the appellant was taken. The
CITY OF PETALUIVIA City Manager or appointing, power, as appropriate, shall review
the findings and recormmendatons of the Personnel Board. and, subject to the provisions
of the. CITY OF PETALUMA Charter, may ,then affirm, revoke or modify the. action
taken as, in the reviewing party's .judgment, seems warranted, and the action taken shall
be final. Any member of the Personnel Board may submit a minority or supplemental ,
finding and recommendation. In case of suspension., discharge or demotion,. the
Personnel Board shall reinstate any employee to the employee's former status if proof is
made that the action was for discriminatory reasons.
37
SC1-90761.1
SECTION 44
PERSONNET; 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.
REMOVAI, OF LETTERS OF COUNSELING
Employees may request in writing to-the Department Head with a copy to the Human
Resources Director that letters• of :counseling which are three (3) or more years old be
sealed and kept separate from the employee's personnel files.. Said letters of counseling
shall be removed and destroyed provided the following conditions are met:
a. The file- does not contain subsequent letters of counseling or records of :disciplinary
,action involving the .same type of infraction in which ease 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
tune the written request to remove said letters of reprimand is received by the
Department Head. '
SECTION 45
PROBATION
All original, transfer, an'd promotional appointments shall be subject~to~a
probationary period. The probationaryperiod shall be regarded as part of the testing
process. and shall be utilized for closely observing the employee's work for securing the
most effective evaluation of a new employee's work and for rejecting any probationary
employee whose performance does not meet the required standards of work.
The initial probationary period for Technical employees is twelve (12) months and
for Clerical employees six (6) months for hire, promotion, and transfer. An employee's
probationary period may be extended for six (6) months on a case-by-case basis based on
the performance evaluation.
38
SC1-90761.1
Shoulel~an employee be on a leave of absence without pay,. the probationary period will be
extended for that time.
During the probationary period, an employee may be rejected at any time by the
CITY OF PETALUMA City Manager without cause and without the right of appeal.
Any employee rejected during the probationary period following a promotional or
transfer appointment shall be discharged except as provided in Section Transfers and
Promotions.
Promotions of employees still on probation will result in a new probationary
period for the class into `which the individual was promoted.
SECTION 46
LAYOFF AND RECALL
A. Work Elimination
Should the CITY OF PETALUMA decide, for labor cost-control reasons,. to
permanently eliminate bargaining unit work by permanently replacing existing bargaining
unit positions with contractor subcontract employees to do the same work under Simi ar
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 i7IVION to meetand 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.
R. Layoff and Recall
i
46. 1. Statement of Intent. Whenever,. in tl?e judgment of the. City Council; it
becomes necessary to abolish any position of employment due to a reorganization or. fo.
• separate: employees due to lack of work or funds, th_e employee holding such position or
employment may be laid off or demoted without disciplinary action and'wthouf 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
39
SC1-90761.1
accordance with Section 6'is qualified. All persons so demoted shall have their names
placed on the re-employment list.
46.4: Employee Rights. An employee affected by layoff shall have the right to
displace an employee in the same department who has less seniority in ~ a lower
classification in the .same classification series or in 2) a lower classification in which the
affected employee once had regular status. For the purpose of this section and Section
45.5, seniority includes all periods of full-time service at or above the classification level
where the layoff is to occur.
46.5 Seniority. In order to retreat to, a former or lower classification, an
employee must have more seniority than at least one of the incumbents in the retreat
classification., be qualified to hold the. retreat classification or have erved in the retreat
classification prior to the layoff and request displacement action in writing to the
Personnel Officer within (5) working days of receipt of notice of layoff. '
Employees. within, each category shall be laid off in reverse order of seniority
within the classification series. Seniority for the retreat classification would be the
combination of time served '(at or above) in the layoff classification and any prior time.
served• in the retreat classification. Ties will be broken based upon seniority of total
CITY OF PETALUMA service
Employees retreating to a lower or similar classification shall be placed at the
salary step representing the least loss of pay. In no case shall the salary be increased
above that received in the classification from which the employee was laid off.
Employees retreating to a lower or similar classification shall serve a probationary
period in the new classification unless they have previously successfully completed a
probationary period in the retreat classification or a higher classification in the series.
46.6. Employment 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.
. Temporary, provisional.. and probationary employees shall be laid off according to
the needs of the service as determined` by the. appointing authority.
46.7. Re-Employment Ist. 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 ri the same or lower classification of
position before certification is made from an eligible list.
40
SC1-90761.1
46.8. Duration of Re-Employment List
Names of persons laid off shall be carried on a re-employment list for two years.
SECTION 47
ALTERNATE WORKWEEKS
A. The CITY OF PETALUMA agrees to consider reasonable alternative work
- week programs proposed by the iJNION. Such proposals (ems. 4 day workweek, flex -
scheduling, 9/80, job sharing) may be considered on a case by case basis by the CITY OF
PETALUMA. However, the decision as to whether and when, if at all, to implement
such alternate programs,, the operation of such programs, and the ability to modify and/or
terminate such programs, is left exclusively with the CITY OF PETALUMA.
SECTION 48
TRANSFERS AND PROMOTIONS
An employee who transfers or promotes to another CITY OF PETALi7MA
position shall, for a period of six months, be entitled to retreat to the,job classification
- formerly held, as long as that position is currently unfilled. Such an employee shall not
be subject to another probationary period, so long as the employee has successfully
completed probation in the pre promotional classification.
SECTION 49
PERFORMANCE EVALUATIONS
49.1. Performance evaluations are a process designed to acknowledge the
performance of an employee.
49:2 A probationary.employee shall receive at least one performance evaluation
during his/her probationary period at or near the midpoint of the probationary period.
' - 49.3. An employee who disagrees with his/her performance evaluation shall be
given opportunity to submit a written response to the evaluation. The response will
accompany the performance evaluation in the employee's personnel file. The contents of
a performance evaluation. shall not be subject to the provisions of the Grievance
Procedure of this agreement.
' 41
SC1-90761.1
SECTION 50
1VEW OR CH,ANGEIL) 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. Tf the UNION does not request a meeting within five (5) workdays of
the receipt of the CITY OF PETALUMA's recommendation, it shall be deemed to be -
approved by the UNION.
42
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This document represents, the final and complete Agreement resulting from the
1997/19991VIeet and Confer sessions with the American Federation of State,
AFSCME, 3910 A ,Unit 3,~ CLERICAL /TECHNICAL.
Representatives of the CITY OF PETALUMA and Unit 3 acknowledge that they
have fulfilled their mutual respective obligations to Meet and Confer under the
.Meyers-lVlli'as-Brown Act. As a result, the parties have come to a mutual
understanding, which the. representatives of the-CITY QF PETALUMA and Unit 3,
who have the approval of their members, agree to recommend .for acceptance and
approval to the City Council of the CITY OF PETALUMA .
The parties affix their signatures as constituting mutual acceptance and
recommendation of this Memorandum of Understanding to become effective July
•12, 1999 upon acceptance and approval of the CITY OF PETALUMA Council.
AFSCME
Signature Date
Signature .Date
Signature Date
Signature Date
CITY OF PETALLTIVIA
Signature Date
43
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Exhibit A
Unit 3 (Clerical/Technical) Classifications
Accounting Assistant I
Accounting Assistant II
Administrative Secretary
Assistant In Civil Engineering
Assistant In Traffic Engineering
Building Inspector I
Building Inspector II
.Engineering Technician .I
Engineering Technician II
Mail Services Assistant
Office Assistant I
Office Assistant II
Permit Processing Technician '
Planning Technician I
.Police Records Assistant I
Pohce.Records Assistant II
Public Works Inspector ,
Secretary
Senior Planning Technician
44
SC1-90761.1
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