HomeMy WebLinkAboutResolution 2018-098 N.C.S. 06/18/2018Resolution No. 2018-098 N.C.S.
of the City of Petaluma, California
RATIFYING THREE MEMORANDA OF UNDERSTANDINGS,
EFFECTIVE JULY 1, 2018 - JUNE 30, 2020, EXECUTED BY
THE DULY AUTHORIZED REPRESENTATIVES OF THE
CITY OF PETALUMA AND THE AMERICAN FEDERATION OF
STATE, COUNTY AND MUNICIPAL EMPLOYEES
FOR UNITS 1, 2, AND 3
WHEREAS, the City of Petaluma and the American Federation of State, County and
Municipal Employees (AFSCME), Units 1, 2, and 3, through their duly authorized
representatives, have concluded their mutual obligation to negotiate successor Memoranda Of
Understandings (MOUs), effective July 1, 2018 - June 30, 2020, and meet and confer in good
faith with respect to the wage and benefit re -openers provided by the AFSCME MOUS for Units
1, 2, and 3, effective July 1, 2016- June 30, 2019, in accordance with the Meyers- Milias-Brown
Act and the City's Employer -Employee Relations, Rules and Regulations (Resolution No.
55412 N.C.S.); and
WHEREAS, the duly authorized representatives of the City and the AFSCME have
reached Tentative Agreement and executed these MOUS, effective July 1, 2018 - June 30,
2020, and recommend its approval by the City Council; and
WHEREAS, the City Manager, pursuant to Section 28 of the Charter of the City of
Petaluma, and as the City's Municipal Employees' Relations Officer (Resolution No. 5375
N.C.S.), is required and empowered to make a recommendation to the City Council on matters
related to good faith bargaining and employees' compensation; and
WHEREAS, the City Manager has reviewed and concurs with said MOUS, effective
July 1, 2018 - June 30, 2020, for AFSCME Units 1, 2, and 3, and does recommend that the
City Council ratify said MOUS, effective July 1, 2018 - June 30, 2020.
NOW, THEREFORE, BE IT RESOLVED that the MOUs, effective July 1, 2018 -
June 30, 2020, being in the best interests of the City of Petaluma, are ratified and the terms
and conditions of said MOUs, effective July 1, 2018 - June 30, 2020, attached to and
Resolution No. 2018-098 N.C.S. Page 1
incorporated as Exhibit A, shall be effective on the first full pay period of July 2018
following the ratification of the MOUs, effective July 1, 2018 — June 30, 2020.
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 IIVO as to
Council of the City of Petaluma at a Regular meeting on the 18`h day of June 2018,rrr:
by the following vote:
City A torney
AYES: Albertson, Barrett, Mayor Glass, Vice Mayor Healy, King, Miller
NOES:
None
ABSENT:
None
ABSTAIN:
Kearney
a A
ATTEST:
City Clerk
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Mayor ayor
Resolution No. 2018-098 N.C.S. Page 2
Exhibit A
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MEMORANDUM OF UNDERSTANDING
between
CITY OF PETALUMA
and
AMERICAN FEDERATION OF STATE, COUNTY AND
MUNICIPAL EMPLOYEES (AFSCME) - 675
July 1, 2018 THROUGH June 30, 2020
UNIT 1 - CONFIDENTIAL
PREAMBLE............................................................................................................1
SECTION 1— TERM OF AGREEMENT........................................................................1
1.1 Effective Date
1.2 Notice of Successor Memorandum
SECTION 2 — RECOGNITION....................................................................................1
2.1 Recognition — Union Recognition
2.2 Recognition — City Recognition
SECTION 3 — UNION RIGHTS....................................................................................1
3.1
Union Rights
— Stewards and Representatives
3.2
Union Rights
— Bulletin Boards
3.3
Union Rights
— Access to Work Location
3.4
Union Rights
— Union/City Meetings
3.5
Union Rights
— Advanced Notice
3.6
Union Rights
— List of Employees
3.7
Union Rights
— Excused Absence
SECTION 4 — UNION SECURITY...............................................................................3
4.1
Union Security
— Agency Shop
4.2
Union Security
— Union Membership or Payment of Agency Fee
4.3
Union Security
— Revocation of Membership
4.4
Union Security
— Payroll Deductions
4.5
Union Security
— Discipline
4.6
Union Security
— Indemnification and Hold Harmless
4.7
Union Security
— Payroll Deductions
4.8
Union Security
— Written Authorization — Dues
4.9
Union Security
— Change in Deductions
4.10
Union Security
— Hudson Procedure
SECTION 5 — EMPLOYER RIGHTS...........................................................................7
SECTION 6 — SALARIES..........................................................................................7
6.1 Salaries
6.2 Confidential Pay
6.3 Temporary Assignment Pay
6.4 Salary — Permanent Transfer to a New Classification
SECTION 7 — SPECIAL COMPENSATION...................................................................8
7.1 Special Compensation — Smoking Cessation Plan
7.2 Special Compensation — Loss or Damage to Clothing
7.3 Special Compensation — Work Boots
7.4 Special Compensation — Bilingual Pay — Spanish
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., ABLE OF CONTENTS
Resolution No. 2018-098 N.C.S. Page 4
SECTION 8 — ALTERNATE WORK WEEK AND OVERTIME..........................................9
8.1 Alternate Work Schedule
8.2 Alternative Work Week — Overtime
8.3 Overtime — Missed Meal Period
8.4 Overtime — Compensation Rate
8.5 Overtime — Assignment of
8.6 Overtime — Twenty -Four (24) Hour Notice
8.7 Overtime — Holiday Schedule
8.8 Rest Periods
8.9 Meal Period — Duty Free
8.10 Meals — Non -Duty Free
SECTION 9 — COMPENSATORY TIME.....................................................................10
9.1 Compensatory Time Off — City Choice
9.2 Compensatory Time Payment
9.3 Compensatory Time Payments — Separation from City of Petaluma
SECTION 10 — CALLBACK AND STANDBY...............................................................11
10.1 Standby
10.2 Emergency Situation
10.3 Callback —Minimum
SECTION 11— HOLIDAYS.......................................................................................12
11.1 Holidays — Fixed Holidays
11.2 Holidays — Floating Holidays
11.3 Bonus Holiday
SECTION 12 — VACATION.......................................................................................13
12.1
Vacation —
Accrual
12.2
Vacation —
Scheduling
12.3
Vacation —
Deferral
12.4
Vacation —
Usage
12.5
Vacation —
Payment upon Termination
SECTION 13 — LEAVES — SICK LEAVE.....................................................................14
13.1
Sick Leave
— Eligibility
13.2
Sick Leave
— Accrual
13.3
Sick Leave
— General
13.4
Sick Leave —
Transfer
13.5
Sick Leave —
Retirement Payout
SECTION 14 — LEAVES — INDUSTRIAL INJURY LEAVE.............................................16
SECTION 15 — LEAVES — BEREAVEMENT LEAVE.....................................................16
SECTION 16 — LEAVES — VICTIMS OF DOMESTIC VIOLENCE....................................17
AND SEXUAL ASSAULT LEAVE
Resolution No. 2018-098 N.C.S. Page 5
SECTION 17 — LEAVES — MILITARY LEAVE.............................................................17
SECTION 18 — LEAVES — ELECTION OFFICER LEAVE AND.......................................17
VOTING LEAVE
SECTION 19 — LEAVES — SCHOOL VISITATION LEAVE.............................................17
SECTION 20 — LEAVES — LEAVE OF ABSENCE WITHOUT PAY...................................18
SECTION 21— LEAVES — JURY DUTY LEAVE............................................................18
SECTION 22 — FAMILY CARE AND MEDICAL LEAVE (FMLA &
CFRA).........................18
22.1 FMLA and/or CFRA Leave
22.2 FMLA and/or CFRA — Second Opinion
SECTION 23 — LEAVES — PREGNANCY DISABILITY LEAVE.......................................18
SECTION 24 — DISCRIMINATION, HARASSMENT......................................................19
AND RETALIATION PROHIBITED
SECTION 25 — REASONABLE ACCOMMODATION....................................................19
SECTION 26 — CALIFORNIA PUBLIC EMPLOYEES' RETIREMENT SYSTEM................19
SECTION 27 — HEALTH BENEFITS — ACTIVE EMPLOYEES........................................20
27.1
Active Employees — PEMHCA Contribution
27.2
Additional Contribution
— Effective January 1, 2018
27.3
Additional Contribution
— Effective January 1, 2019
27.4
Additional Contribution
— Effective January 1, 2020_
27.5
Employee Contribution
SECTION 28 — HEALTH BENEFITS — RETIRED EMPLOYEES......................................21
28.1 Retired Employees — Ca1PERS and the PEMHCA
28.2 "Unequal Contribution" Method for Health Care Premium Payments for Retirees
28.3 Ca1PERS Annuitant — PEMHCA Health Benefits
28.4 Less Than 20 Years of Service — Not Receiving PEMHCA Health Benefits
28.5 Less Than 20 Years of Service — Receiving PEMHCA Health Benefits
28.6 20 Years or More of Service — Not Receiving PEMHCA Health Benefits
28.7 20 Years or More of Service — Receiving PEMHCA Health Benefits
SECTION 29 — CASH IN -LIEU OF HEALTH AND DENTAL BENEFITS ...........................23
SECTION 30 — SECTION 125 PLAN...........................................................................24
SECTION 31— DENTAL INSURANCE........................................................................24
SECTION 32 — VISION INSURANCE.........................................................................24
SECTION 33 — LIFE INSURANCE.............................................................................24
Resolution No. 2018-098 N.C.S. Page 6
SECTION 34 — DISABILITY INSURANCE..................................................................25
34.1 Short -Term Temporary Disability Benefit Program
34.2 Short -Term Disability Insurance — Voluntary
34.3 Long Term Disability Insurance
SECTION 35 — EMPLOYEE ASSISTANCE PROGRAM.................................................25
SECTION 36 — DEFERRED COMPENSATION............................................................25
SECTION 37 — TRANSFERS/PROMOTIONS RETREAT ENTITLEMENT .........................25
SECTION 38 — NEW OR CHANGED CLASSIFICATION................................................25
SECTION 39 — PROBATIONARY PERIOD..................................................................26
SECTION 40 — DISCIPLINE PROCEDURE..................................................................26
40.1 Discipline — Methods
40.2 Discipline — Verbal Counseling
40.3 Discipline — Letters of Counseling
40.4 Discipline — Corrective Written Action
40.5 Discipline — Employee Notice
40.6 Discipline — Employee Response
40.7 Discipline — Employee Appeal
40.8 Discipline — Employer Review
40.9 Discipline — Advisory Arbitration
SECTION 41— GRIEVANCE PROCEDURE.................................................................29
41.1 Purpose of the Procedure
41.2 Conduct of Grievance Procedure
41.3 Grievance Procedure
SECTION 42 — LAYOFF AND RECALL.......................................................................31
42.1
Layoff Application
42.2
Layoff
— Employer Right
42.3
Layoff
— Employee Notification
42.4
Layoff
— Vacancy and Reclassification
42.5
Layoff
— Employee Rights
42.6
Layoff
— Seniority
42.7
Layoff
— Order of
42.8
Recall —
Re -Employment List
42.9
Recall —
Duration of Re -Employment List
SECTION 43 — EMPLOYEE PERSONNEL FILE...........................................................33
43.1 Employee Personnel File — Right to Inspect
43.2 Employee Personnel File — Acknowledgement Adverse Comments
SECTION44 — OTHER............................................................................................33
Resolution No. 2018-098 N.C.S. Page 7
44.1 Performance Evaluations
44.2 Safety Committee
SECTION 45 — MUTUAL ACCEPTANCE AND RECOMMENDATION..............................34
EXHIBITA — SALARY TABLE.................................................................................36
EXHIBIT B — DEFINITION OF TERMS......................................................................37
Resolution No. 2018-098 N.C.S. Page 8
PREAMBLE
This Memorandum of Understanding (MOU) is entered into pursuant to the provisions of the Meyers-
Milias-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 MOU shall be presented to the City Council of the City of Petaluma as the joint recommendation of
the undersigned parties for the period July 1, 2018 through June 30, 2020.
SECTION 1— TERM OF AGREEMENT
1.1 Effective Date
This MOU shall be effective for a two (2) year term. The fiscal year commencing July 1, 2018,
and ending June 30, 2020.
1.2 Notice of Successor Memorandum
The parties shall commence meeting and conferring for a subsequent Memorandum of
Understanding no later than the last week of February 2020.
SECTION 2 — RECOGNITION
2.1 Recognition — Union Reco nig tion
Subject to the statutory rights of self -representation under Government Code section 3503, the
American Federation of State, County and Municipal Employees, Local 675, Unit 1, Confidential,
hereafter referred to as the "Union" is the recognized employee organization for those Confidential
positions listed in Exhibit "A — Salary Table."
2.2 Recognition — City Recognition
The Municipal Employee Relations Officer of the City of Petaluma, or any person or organization
duly authorized by the Municipal Employee Relations Officer, is the representative of the City of
Petaluma, hereinafter referred to as the "City" in employer-employee relations.
SECTION 3 — UNION RIGHTS
3.1 Union Rights — Stewards and Representatives
The City 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.
(A) The use of official time for this purpose shall be reasonable and shall not interfere with the
performance of the City services as determined by the City.
(B) Such employee representatives shall request time off from his/her respective supervisor
and coordinate work schedules.
Resolution No. 2018-098 N.C.S. Page 9
(C) 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 (1) representative from
any particular job classification in the same department be allowed released time pursuant
to this section at any given time. If two (2) or more employees request to be excused from
any one department pursuant to this section, subject to the approval of the department
director or his/her designee.
(D) No employee other than an official representative on released time pursuant to this
provision shall attend to or conduct Union business while on duty, nor shall the City
equipment be utilized for such matters except as specifically authorized by this MOU.
3.2 Union Rights — Bulletin Boards
The Union may use portions of the City bulletin boards under the following conditions:
(A) All material must be dated and must identify the Union that published them.
(B) Unless special arrangements are made, materials posted will be removed thirty (30)
days after the date first posted.
(C) The City reserves the right to determine where bulletin boards shall be placed and
what portion of them are to be allocated to Union materials.
(D) If the Union does not abide by these rules, it will forfeit its right to have material
posted on the City bulletin boards.
3.3 Union Rights — Access to Work Location
Reasonable access to employee work locations shall be granted officers of the Union and his/her
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 Human Resources Manager or his/her designee prior to
entering onto the City premises for such purposes. Access shall be restricted so as not to interfere
with the normal operation of the department or with established safety or security requirements.
Solicitation of membership and activities concerned with the internal management of the Union,
such as collecting dues, holding membership meetings, campaigning for office, conducting
elections and distributing literature, shall not be conducted during working hours.
3.4 Union Rights — Union/City Meetings
At the request of either the Union or the City, conferences shall be held for the purpose of
considering matters of mutual interest... 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 his/her normal schedule of work for the purpose of attending a conference.
Conferences may be attended by the_AFSCME Business Agent. Benefit plan review and proper
classification assignment are examples of appropriate subjects for such conferences.
Resolution No. 2018-098 N.C.S. Page 10
It is understood that such conferences are not considered meet and confer and any matters
discussed, or any action taken pursuant to such conferences, shall in no way change or alter any of
the provisions of the MOU, or the rights of either the City or the Union under the terms of the
MOU.
The City employees or the Union or his/her representatives may, with the prior approval of the
Human Resources Manager, be granted the use of the City non-public access facilities during
non -working hours for meetings of the City employees provided space is available. All such
requests shall state the purpose or purposes of such meetings. The use of the City equipment other
than items normally used in the conduct of business meetings, such as desks, chairs, and
blackboards, is strictly prohibited, the presence of such equipment in approved the City facilities
notwithstanding.
3.5 Union Rights — Advanced 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.
(A) 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 agrees to meet and confer within
a reasonable and practical time after the termination of the emergency situation.
(B) During the course of such declared emergencies, the City 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 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 MOU will again become effective.
3.6 Union Rights — List of Employees
The City agrees to monthly furnish the Union with the names, classifications, and dates of hire for
all Unit members.
3.7 Union Rights — Excused Absence
Upon written request of the secretary treasurer of the Union, an employee who is elected or
selected by the Union may be granted an excused absence without pay for a period not to exceed
five (5) days per year to attend conferences or conventions. Not more than one (1) employee will
be granted an excused absence at any time.
SECTION 4 — UNION SECURITY
4.1 Union Security — Agency Shop
The following modified Agency Shop procedures shall apply to all employees represented by the
Union.
(A) Limitation of Provision:
This provision shall be in accordance with and the parties agree to abide by the provisions
of Government Code Section 3502.5.
Resolution No. 2018-098 N.C.S. Page 11
(B) Duty o� f 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.
(C) 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.
(D) Compliance with Federal/State Laws:
If any provisions of this MOU are invalid under an applicable federal or state law, said
provision shall be modified to comply with the requirements of said federal or state law.
(E) 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.
4.2 Union Security — Union Membership or Payment of Agency Fee
All bargaining unit employees shall, as a condition of continued employment, either:
(A) Become and remain a member of the Union;
(B) 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 for 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
(C) Religious Objection
Pursuant to Section 3502.5 (c) of the Government Code, 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, such employee shall
not be required to join, maintain membership in, or financially support the Union as a
condition of employment. 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 (1) of
the following four (4) non -religious, non -labor, charitable funds that are tax exempt under
Section 501(c)(3) of the Internal Revenue Code.
The employee shall choose from the following:
Petaluma Peoples Service Center Meals on Wheels
Petaluma Peoples Service Center Senior Nutrition Site
Petaluma Boys and Girls Club
Hospice of Petaluma
4.3 Union Security — Revocation of Membership
Resolution No. 2018-098 N.C.S. Page 12
Once each year, in December, and for a new employee, at the time he/she commences employment
with the City, each employee of the bargaining unit may elect to revoke Union membership without
penalty to his/her employment with the City, on an appropriate form approved by the City. The
party electing to revoke membership shall be subject to the provisions of section 4.2 (C) above.
4.4 Union Security — Payroll Deductions
Payroll deductions for Union dues or agency fees shall be made only upon the employee's written
authorization on a payroll deduction form approved by the City and shall terminate in the event
the employee chooses the revocation of membership of Union membership in accordance with
section 4.3.
(A) Authorization:
Subject to the revocation of membership of section 5.3, all new employees who are hired
into job classifications in this unit may 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 otherwise revoked in accordance with the terms of this
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.
(B) Sufficiency of Earnings:
The employee's earnings must be sufficient to cover the amount of the deductions herein
authorized after all other required deductions are made. 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 which would have been withheld
with the City 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.
(C) 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 were executed prior
to the execution of this MOU shall remain in full force and effect.
(D) 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.
4.5 Union Security — Discipline
No employee shall be disciplined under this section unless the Union has first:
(A) Notified the 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 thirty (30) calendar days, the employee will
Resolution No. 2018-098 N.C.S. Page 13
be reported by the Union to the City for disciplinary action as provided for in this section,
and
(B) Furnished the City with written proof that the procedure set forth in paragraph (A) above
has been followed, and has supplied the City with a copy of the letter sent to the employee
and notice that the employee has not complied with the request, along with the following
certification:
(C) The Union certifies that the employee has failed to tender the Union fee required as a
condition of employment under the MOU, and therefore, under the terms of the MOU, the
Union requests that the City terminate the employee's employment with the City.
4.6 Union Security — 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 form of liability that may arise out of or by reason of
this section, or that arise out or by reason 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 City any amounts paid to it in error on presentation of
supporting evidence.
4.7 Union Security — Payroll Deductions
It is the intent of this section is to provide for the regular dues of Union members to be deducted
from his/her checks insofar as permitted by law. The City 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 and the Union. However, the City
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.
4.8 Union Security — Written Authorization — Dues
The written authorization for Union dues deduction shall remain in full force and effect, during
the life of the current MOU between the City and the Union unless canceled in writing.
4.9 Union Security — Change in Deductions
Upon written request of the Union, the City shall change the amount of dues deducted from Union
members' checks.
4.10 Union Security — 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
employee covered by this MOU within ten (10) days of the signing of this agreement. The City
shall provide to the Union a list of those employees who are Union employees 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, the Union shall provide each member with a copy of the Union's
"Hudson procedures" and shall provide to the City confirmation of such mailing.
SECTION 5 — EMPLOYER RIGHTS
It is the right of the City to make decisions of a managerial or administrative character including:
decisions on the type, extent and standards or services performed, decisions on the methods, means
Resolution No. 2018-098 N.C.S. Page 14
and personnel by which the City operations and services are to be conducted, and those necessary
to exercise control over the City government operations in the most efficient and economical
manner practicable and in the best interests of the City residents. All managerial functions and
rights to which the City has not expressly modified or restricted by specific provision of this MOU
shall remain with the City.
SECTION 6 — SALARIES
6.1 Salaries
Salary ranges shall be as specified in Exhibit "A" for each classification.
Effective the first full pay period in July 2018, all unit members shall receive a three percent (3%)
base wage increase.
Effective the first full pay period in July 2018, and concurrent with all members paying an
additional one percent (1 %) towards PERS retirement, for a total contribution of eleven percent
(11%), employees shall receive a point seventy-five percent (0.75%) base wage increase.
Effective the first full pay period in July 2018, for employees defined as "classic" this shall mean
that the one percent (1%) is added to the current ten percent (10%) employee contribution, for a
total of eleven percent (11%). Employees subject to the PEPRA formula shall also pay an
additional one percent (1%) in addition to their current contribution for a total of 10.25% (6.25%
which is subject to change by Ca1PERS).
Classification and Compensation Study:
Following establishment of comparator agencies, the parties shall engage in a classification and
compensation study for benchmarked classifications represented by AFSCME. Both parties agree
to work i ointly to update j ob descriptions, with the goal of completion and approval by the Council
by January 1, 2020. The compensation study will be completed prior to commencement of
negotiations for a successor MOU to this Agreement. The parties agree that the completion of the
study in no way obligates the City to a pre -determined level of pay. Rather the City and the Union
agree that review of compensation and benefits packages of comparator agencies is a valuable
exercise when developing salary and benefits recommendations for Petaluma employees. The
compensation piece of the study will use a total compensation model and will examine various
items across comparator agencies and the City, including but not limited to top step salary, PERs
formula, and LTD Insurance.
6.2 Confidential Pay
Positions assigned to the Confidential Unit shall receive a premium payment of fifty dollars
($50.00) per month.
6.3 Temporary Assignment Pay
Employees assigned to perform higher level tasks outside his/her classification shall be
compensated at an additional five -percent (5%) on an hour -per -hour basis when such work is being
performed. Employees who are asked to perform such higher level duties are eligible for premium
pay when the following conditions are met:
(A) The employee must have been assigned the work by either the employee's supervising
manager or department director.
Resolution No. 2018-098 N.C.S. Page 15
(B) If the member thinks an assignment is "out -of -class", it is the responsibility of the
employee to inform the person assigning the duty prior to engaging in the assignment.
(C) If the employee and person assigning the work disagree that the work should be
compensated as "out -of -class," the employee shall initiate the work assigned and may
resolve the issue through the grievance procedure.
It is the responsibility of the employee to inform the person assigning out -of -class work when such
work is finished.
An employee holding a classified position may temporarily be assigned significantly all of the
duties of another position in a higher classification for a period not to exceed ninety (90)
calendar days during any fiscal year.
(A) The employee so assigned shall receive either the next higher step in the classification to
which he/she is assigned or a five percent (5%) increase, whichever is greater.
(B) Compensation for vacation, sick leave, and holidays as described in this section shall be
computed at the employee's hourly rate on the effective date of termination
6.4 Salary — Permanent Transfer To A New Classification
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. If the next higher rate is
less than four percent (4%) above the employee's current hourly rate, the employee shall be placed
at the next higher step that provides at least a four percent (4%) increase.
SECTION 7 — SPECIAL COMPENSATION
7.1 Special Compensation — Smoking Cessation Plan
The City agrees to provide any member of the Unit up to fifty dollars ($50.00) for completion of
a smoking cessation program, upon receipt of the certificate of completion.
7.2 Special Compensation — Loss or Damage to Clothing
City employees may request reimbursement for the loss or damage of his/her clothing that is the
result of work activities. Requests for reimbursement shall be submitted to the department director
for review and approval. Amounts of reimbursement are at the discretion of the department
director.
7.3 Special Compensation — Work Boots
The City shall pay the cost of all work boots up to two -hundred dollars ($250.00) per fiscal year.
Replacement of work boots shall be on an as -needed basis with approval of the department
director. Receipts for work boot reimbursement shall be submitted to Human Resources for
processing.
7.4 Special Compensation — Bilingual Pay — Spanish
Eligible employees who are certified for bilingual proficiency in Spanish in accordance with the
City's Bilingual Testing and Certification policy shall receive two hundred dollars ($200.00) for
Resolution No. 2018-098 N.C.S. Page 16
certification at a high level proficiency or verbally fluent or one hundred dollars ($100.00) for
certification at an acceptable level proficiency or conversational.
SECTION 8 — ALTERNATE WORK WEEK AND OVERTIME
8.1 Alternate Work Schedule
The City agrees to consider reasonable alternative work week programs proposed by the Union.
Such proposals (e.g. four (4) day work week, flex scheduling, 9/80, job sharing) maybe considered
on a case-by-case basis by the City. However, the decision as to whether and when, if at all, to
implement such alternate programs, the operation of such programs, and the ability to modify
and/or terminate such programs, is left exclusively with the City.
8.2 Alternative Work Week — Overtime
Employees who are working an alternative work week of forty (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's alternative work week policy. For example, for an employee assigned to a 9/80
schedule, overtime shall be calculated after the ninth hour worked in one day or after forty hours
worked in a work week; for an employee assigned to a 4/10 schedule, overtime shall be calculated
after the tenth hour worked in one day or after forty hours worked in a work week.
8.3 Overtime — Missed Meal Period
If an employee is required to work more than six 6 consecutive hours without a meal period
during a regular work shift, the employee shall be paid at the rate of time and one-half (1.5) for
all time worked in excess of six 6 hours until such time as the employee receives a meal period.
Such pay shall be provided only if the employee has informed his/her supervisor of the need to
continue work beyond six hours without a meal period and the supervisor has granted permission
for the employee to do so. If emergency circumstances preclude the employee from seeking prior
approval from his/her supervisor, the employee shall inform his/her supervisor as soon as the
employee is able to do so safely.
8.4 Overtime — Compensation Rate
Except as otherwise noted in Section 8.2 above, all hours worked in excess of eight (8) hours in
any one day or in excess of forty (40) hours in any work week shall be paid for at the overtime
rate which shall be one and one-half (1.5) times the regular straight time hourly rate of pay.
Overtime shall not be pyramided or compounded.
8.5 Overtime — Assignment of
Overtime shall be distributed as equitably as possible, without favoritism, and in the best interests
of the City among the employees of the department who are qualified to perform and who have
demonstrated the ability to perform overtime services efficiently.
8.6 Overtime — Twenty -Four (24) Hour Notice
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 to give advance
notice, an employee will be expected to work.
8.7 Overtime — Holiday Schedule
An employee required to work a paid holiday shall receive, in addition to the eight (8) hours
holiday pay, further compensation at the overtime rate for the actual holiday worked.
Resolution No. 2018-098 N.C.S. Page 17
8.8 Rest Periods
Whenever practical, employees who for any reason work beyond his/her 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.
8.9 Meal Period — Duty
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.
8.10 Meals — Non -Duty Free
The City shall pay ten dollars ($10.00) 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 callout after
having left the City premises shall receive the ten dollar ($10.00) meal payment.
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 extended 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.
SECTION 9 — COMPENSATORY TIME
9.1 Compensatory Time Off — City Choice
Employees may accrue compensatory time in lieu of being paid for overtime. Employees may
accrue up to a total of two -hundred -forty (240) hours of compensatory time per fiscal year.
Employees may retain no more than two -hundred -forty (240) hours of compensatory time on the
books at any given time. Compensatory time shall be taken at a mutually agreeable time between
the employee and the City, subject to the operational requirements of the City. Employees may
take up to five (5) days of compensatory time off at a mutually agreeable time between the
employee and the City subject to the operational requirements of the City. Compensatory time in
excess of the two -hundred -forty (240) hour limit shall be paid at one and one-half (1.5) times the
regular rate of pay.
9.2 Compensatory Time Pam
All accumulated compensation time, but for eighty (80) hours, will be paid to the employee by the
City on the first paycheck in October.
An employee may submit a request to the City Manager to cash out compensatory time if an
employee faces an unforeseen financial hardship, such as significant medical expenses due to a
serious illness or injury, or serious property damage caused by an act of nature (severe storm,
earthquake). The City Manager shall respond to such request within eight (8) business days. The
decision of the City Manager shall be final.
9.3 Compensatory Time Payments — Separation From City of Petaluma
Resolution No. 2018-098 N.C.S. Page 18
Employees separated from City of Petaluma service shall receive a lump sum payment for all
accumulated, unused compensatory time.
SECTION 10 — CALLBACK AND STANDBY
10.1 Standby
When an employee is assigned standby, the employee must be ready to respond as soon as possible,
be reachable by telephone or pager, be able to report to work in a reasonable amount of time, and
refrain from activities which might impair his/her ability to perform assigned duties.
Standby assignments shall be rotated as equitably as possible among employees with consideration
given for the qualification and ability of an employee to perform the work. When possible, standby
assignments shall be distributed on a voluntary basis to qualified employees. An employee shall
be required to be on standby assignment when it is determined by the City that such assignment is
essential to the continuing efficient operation of the City or in an emergency.
An employee assigned standby shall be compensated at the rate of eighteen percent (18%) per hour
of his/her regular hourly rate for every hour the employee actually stands by.
No employee shall be paid for Standby duty time and other compensable duty time simultaneously.
Time actually worked while on Standby duty will be compensated at the employee's hourly rate
of pay times one and one-half (1.5).
10.2 Emergency Situation
If, in an emergency situation, an employee in this Unit is asked to leave work before the end of
his/her scheduled work day with the expectation that he/she will be called back to work to finish
the remainder of his/her work day at a later time, but the employee is not in fact called back to
work that day, the City agrees to compensate the employee for the full normal working day. In
exchange, up until the time that the employee's regular shift is scheduled to end, such employees
will be on standby status, without any entitlement to any extra compensation.
10.3 Callback — Minimum
Employees, who are called back to work after having completed the normal shift and/or after
having left the worksite, shall be compensated a minimum of two (2) hours at the overtime rate.
SECTION 11— HOLIDAYS
11.1 Holidays — Fixed Holidays
The City shall observe twelve (12) fixed -date holidays. These holidays shall be established for the
City's fiscal year as determined by City Council resolution
The holidays for calendar years 2018, 2019, and 2020 are as follows:
Independence Day
Labor Day
Columbus Day
Veterans' Day
Thanksgiving Day
Day after Thanksgiving
Christmas Eve
Resolution No. 2018-098 N.C.S. Page 19
Christmas Day
New Year's Day
Martin Luther King Day
Presidents' Day
Memorial Day
When a holiday falls on a Saturday, that holiday will be observed on the prior Friday. When a
holiday falls on a Sunday, that holiday will be observed on the following Monday. Should this
conflict with a Friday or Monday designated holiday, the Friday or Monday holiday will occur on
the preceding Thursday or following Tuesday.
Observance by an employee of a designated religious event may be granted, if practical, with at
least seven (7) days prior approval required for such leave, under the following methods:
(A) Time charged to accrued vacation allowance; or
(B) Time off without pay
Holidays currently provided in the MOU will be based on the employee's regular work shift. For
example, if an employee works a 4/10 schedule, s/he shall receive 10 hours of holiday pay for
the holiday. If an employee works a 9/80 schedule, s/he shall receive 9 hours of holiday pay for
the holiday. If an employee works a 5/8 (five days per week, 8 hours per day) schedule, s/he
shall receive 8 hours of holiday pay for the holiday. The same shall be true for any employee
whose regular work week is fewer than 40 hours per week, except that no such employee shall
receive more than eight (8) hours of pay for the holiday.
11.2 Holidays — Floating Holidays
During the fiscal year the City will authorize one (1) "Floating Holiday" per employee, which may
be taken by the employee at a time selected by the employee, subject to operational requirements
and approval determined by the City. Employees hired between July 1, and December 31, will be
eligible for a "Floating Holiday" during the course of the Fiscal Year.
11.3 Bonus Holiday
The City and the Union agree that an employee, who does not use any sick leave during the
period between July 1 and June 30, will be allowed to convert one (1) day of sick leave to one
(1) day of vacation the following fiscal year.
SECTION 12 — VACATION
MISC Employees Years of Service Vacation Accrual hrs
Accrual Limit hrs
Unit 1 0-4 80
160
5-9 120
240
10 128
256
11 136
272
12 144
288
13 152
304
14 160
320
15 168
336
16 176
352
Resolution No. 2018-098 N.C.S. Page 20
17 184 368
18 192 384
19 or ereater 200 400
12.1 Vacation — Accrual
All regular employees of the City, after working one (1) 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, after five (5) years of continuous service with the City, and
beginning with the sixth (6th) year, shall be entitled to the equivalent of one -hundred -twenty (120)
hours of vacation per year. After ten (10) years of continuous service with the City, eight (8) hours
of vacation shall be added for each year of continuous service to a maximum of two -hundred (200)
hours of vacation.
Vacation time shall not be accumulated in excess of two (2) years.
12.2 Vacation — Scheduling
The times during a calendar year in which an employee may take his/her vacation shall be
determined by the department director with due respect for the wishes of the employee and
particular regard for the needs of the service. If the requirements of the service are such that an
employee cannot take part or all of his/her annual vacation in a particular calendar year, such
vacation shall be taken during the following calendar year.
12.3 Vacation — Deferral
Any eligible employee with the consent of the department director may defer his/her annual
vacation to the succeeding calendar year subject to other provisions of this rule. In the event one
(1) or more municipal holidays fall within an annual vacation leave, such holidays shall not be
charged as vacation leave, and vacation leave shall be extended accordingly.
12.4 Vacation — Usage
A newly hired City employee may begin to use accrued vacation during his/her probationary
period in the first three (3) months of employment with approval of the City Manager, and as
approved by the employee's supervisor thereafter.
12.5 Vacation — Payment Upon Termination
Employees who leave City 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 13 — LEAVES — SICK LEAVE
13.1 Sick Leave — Eligibility
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. 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, or as determined by law. No sick leave shall
be payable for any injury or absence which results or occurs as follows:
Resolution No. 2018-098 N.C.S. Page 21
(A) Participating in any criminal act;
(B) Working for an employer other than the City.
Neither shall any sick leave be payable;
(A) During a vacation except when hospitalized or in equivalent confinement, or
(B) During a layoff, leave of absence, or disciplinary layoff.
All hours of sick leave accrued and all hours of absence, whether or not paid, shall be recorded.
To the extent necessary to implement this section, such records may be inspected by an individual
employee and/or authorized Union representative.
13.2 Sick Leave — Accrual
(A) Sick leave shall accrue to all full-time employees at the rate of eight (8) hours for each
month of continuous service. No employee shall accumulate more sick leave in any year
than is provided.
(B) Sick leave shall continue to accrue while an employee is on vacation, sick leave, or job -
connected injury leave.
(C) No employee shall be eligible for sick leave before it accrues.
(D) Employees serving his/her probationary period may take up to one (1) day sick leave with
pay for each month worked. Employees hired on or before the fourteenth (14th) of the
calendar month shall be credited with one (1) day of sick leave at the end of that month.
Employees hired on or after the fifteenth (15th) of the calendar month shall not be credited
with any sick leave for that calendar month.
(E) For the purpose of charging sick leave, the minimum sick leave chargeable will be one (1)
working hour.
13.3 Sick Leave — General
(A) On taking sick leave time, the employee must notify his/her department director either prior
to, or within thirty (30) minutes after, the time set for beginning his/her daily duties.
(B) 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.
(C) When an employee is absent for more than three (3) consecutive days, the department
director may require a doctor's certificate for such sick leave absence.
(D) 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
Resolution No. 2018-098 N.C.S. Page 22
abuse still continues, the supervisor may initiate a suspension and/or dismissal action
through the procedure outlined in the Personnel Rules and Regulations.
(E) 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 20.
(F) Upon the expiration of a leave of absence quoted under section 20, 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.
(G) The City Manager may revoke pay and sick leave time if the employee is not 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.
(H) No penalties shall be imposed on employees for taking justifiable sick leave to which the
employee is eligible.
13.4 Sick Leave — Transfer
Employees wishing to donate hours of sick leave to another employee may voluntarily do so by
sending approval by his/her department director to the Human Resources office, naming the
individual to receive the sick leave and the amount donated, with the following restrictions:
(A) Employees who wish to transfer sick leave must retain a minimum of one -hundred -sixty
(160) hours sick leave.
(B) Transfer amounts shall be limited to the number of actual hours needed and used by the
recipient.
(C) Any donated sick leave hours unused by a recipient shall be returned to the donor.
(D) The employee receiving the sick leave transfer must have zero (0) hours of accrued sick
leave, vacation, and accrued compensatory time.
(E) Employees may not buy or sell sick leave, only the time may be transferred.
(F) Employees may not transfer sick leave upon separation of service.
(G) Transfers shall only be allowed between all Units.
13.5 Sick Leave — Retirement Pam
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 (50%) percent 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.
Resolution No. 2018-098 N.C.S. Page 23
SECTION 14 — LEAVES — INDUSTRIAL INJURY LEAVE
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 (160) work hours when the employee's absence has been occasioned by injury suffered during
his/her employment and he/she receives workers' compensation, he/she shall receive full pay.
Medical appointments related to industrial injury or illness shall be calculated on an hourly basis.
Following this period, sick leave may be a supplement to the workers' benefits provided the
employee. Compensation is at his/her regular rate for a period not to exceed six (6) months, or
until such sick leave is exhausted, or the disability is abrogated, or that employee is certified
"permanent and stationary" by a competent medical authority. The City shall pay him/her the
regular salary, based on the combination 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 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 MOU.
SECTION 15 — LEAVES — BEREAVEMENT LEAVE
An employee shall be granted up to thirty-two (32) hours of bereavement leave in the event of
death in the employee's immediate family. For the purpose of bereavement leave, immediate
family shall mean spouse, qualified domestic partner, father, father-in-law, mother, mother-in-law,
brother, brother-in-law, sister, sister-in-law, child (including stepchildren), stepparents,
grandparents and grandchildren or person with whom the employee has a relationship in loco
parentis. Up to an additional eight (8) hours of accrued sick leave may be granted to supplement
bereavement leave.
In the event an employee must travel more than three -hundred (300) miles to attend a funeral or
memorial service, an additional eight (8) hours of bereavement leave shall be granted instead of
the use of eight (8) hours of sick leave.
SECTION 16 — LEAVES — VICTIMS OF DOMESTIC VIOLENCE AND
SEXUAL ASSAULT LEAVE
California Labor Code 230 and 230.1 allows use of such leave for Victims of Domestic Violence
for any of the following: to seek medical attention for related injuries; to obtain services from a
domestic violence shelter, program or rape crisis center; to obtain psychological counseling; or to
participate in safety planning. Certification of need may be required in the form of a police report,
protection order, and documentation from court or from a medical professional, domestic violence
advocate or counselor.
The City of Petaluma provides appropriate leave, in accordance with California Labor Code
Section 230.
Resolution No. 2018-098 N.C.S. Page 24
SECTION 17 — LEAVES — MILITARY LEAVE
The City of Petaluma shall grant military leave benefits to eligible employees in accordance with
California's Military Leave Laws found in Military & Veteran's Code 389 et seq., the Federal
Uniformed Services Employment and Re-employment Rights Act (USERRA), found at 389
U.S.C. 4301 et seq., and the City of Petaluma Resolution No. 2004-200 N.C.S. Employees in the
Ready Reserves of the Armed Forces who are ordered to active military duty or training under
Executive Order 13223, shall have continued benefits in effect throughout his/her active duty
training for a period of three hundred sixty-five (365) calendar days or until the date of discharge
from military service, whichever occurs first, unless this policy is changed by action of the City
Council.
SECTION 18 — LEAVES — ELECTION OFFICER LEAVE AND VOTING LEAVE
When an employee's actual work schedule otherwise would prevent the employee from voting in
any state, county, or general election, the employee may be granted up to two (2) hours of paid
time to vote, in accordance with Election Code 14000. The employee must provide the City with
at least two (2) working days' notice that he/she will be taking time off to vote.
SECTION 19 — LEAVES — SCHOOL VISITATION LEAVE
An employee may take up to forty (40) hours off in a year to participate in his/her child's school
activities, in accordance with California Labor Code Section 230.8.
SECTION 20 — LEAVES — LEAVE OF ABSENCE WITHOUT PAY
The City Manager may grant a regular or probationary employee leave of absence without pay
pursuant to State and Federal Law. Good cause being shown by a written request, the City Manager
may extend such leave of absence without pay or seniority or benefits for an additional period not
to exceed six (6) months. No such leave shall be granted except upon written request of the
employee setting forth the reason for the request, and the approval will be in writing. Upon
expiration of a regularly approved leave or within a reasonable period of 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 21— LEAVES — JURY DUTY LEAVE
Any employee summoned for jury duty shall be entitled to a leave of absence with full pay for
such period of time as may be required to attend the court in response to such summons. Any
employee may retain payment for travel, but shall make payable to the City any and all fees
which the employee may receive in payment for service as a juror. For Grand Juries, this
compensation shall not extend beyond twenty (20) working days.
For the purposes of this section, time served as a juror or as a witness, compelled to appear on
behalf of the City 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
Resolution No. 2018-098 N.C.S. Page 25
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 during one twenty-four (24) hour
period.
SECTION 22 — FAMILY CARE AND MEDICAL LEAVE (FMLA & CFRA)
22.1 FMLA and/or CFRA Leave
The City shall provide family and medical care leave for eligible employees as required by City
policy, state and federal law and as specifically provided in the Federal Family and Medical Leave
Act of 1993 (FMLA) and the California Family Rights Act of 1993 (CFRA). If possible, employees
must provide thirty (30) days advance notice of leave.
22.2 FMLA and/or CFRA — Second Opinion
The employee shall provide the City with a health care provider certification. The City, at City
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 City expense shall be sought.
SECTION 23 — LEAVES — PREGNANCY DISABILITY LEAVE
The City shall provide pregnancy disability leave (PDL) for eligible employees as required by City
policy and applicable state law and as specifically provided in the Fair Employment and Housing
Act and the Family Medical Leave Act. If possible, employees must provide thirty (30) days
advance notice of leave.
SECTION 24 — DISCRIMINATION, HARASSMENT & RETALIATION PROHIBITED
The City and its employees are prohibited from discriminating against an applicant or employee
because the employee is in a "protected class" (based on age, race, etc.) in taking any personnel
actions (such as hiring, promotion, discipline, etc.) Employees are prohibited from harassing
any employees due to race, sex, age, etc. The City and its employees are prohibited from
retaliating against an employee because the employee has filed a complaint of discrimination or
harassment or opposed actions by other employees that constituted discrimination or harassment.
SECTION 25 — REASONABLE ACCOMMODATION
In accordance with the California Fair Employment and House Act (FEHA) and the Americans
with Disability Act (ADA), the City will reasonably accommodate any known protected disability
of an employee.
SECTION 26 — CALIFORNIA PUBLIC EMPLOYEE'S RETIREMENT SYSTEM
The Union and the City have reached agreement on establishing a different level of benefits
(two-tiered retirement) for newly hired Miscellaneous employees. Effective upon agreement
with the City's other Miscellaneous bargaining units; the City shall amend its contract with
Ca1PERS. The amended contract shall provide that Miscellaneous employees hired after the
effective date of the amendment shall receive the 2% at 60 formula retirement plan and the three-
year final average compensation; instead of the current benefit of 2% at 55 formula retirement
plan and one-year final average compensation.
Resolution No. 2018-098 N.C.S. Page 26
The establishment of this second tier of benefits shall not affect the benefits currently in effect for
employees hired prior to the effective date of the CalPERS contract amendment.
The City provides Miscellaneous employees with the two percent (2%) at fifty-five (55) formula
retirement plan. The City's contract with Ca1PERS includes the following optional benefits:
• Third Level - 1959 Survivor's Benefit as provided in Section 21573 (April 5, 1999).
• Military Service Credit as provided in Section 21024 (January 1, 1992).
• One -Year Final Compensation as provided Section 20042 (November 1, 1980).
• Credit for Unused Sick Leave as provided in Section 20965 (November 1, 1980).
• Cost of Living Allowance two percent (2%) as provided by Section 21329 (April 1, 1971).
• Retired Death Benefit of five -hundred dollars ($500.00) as provided in Section 21620
(December 1, 1969).
• Death Benefit Continues as provided in Section 21551 (January 1, 2000).
• Prior Service Credit as provided in Section 20055 (January 1, 1950).
The City shall continue to defer that portion of the employee's contribution paid to Ca1PERS
through section 414(h)(2) of the Internal Revenue Code pursuant to City of Petaluma Resolution
90-363 N.C.S.
SECTION 27 — HEALTH BENEFITS — ACTIVE EMPLOYEES
27.1 Active Employees — PEMHCA Contribution
The City currently provides health benefits through the California Public Employees' Retirement
System (Ca1PERS) Health Benefits Program under the Public Employees' Medical and Hospital Care
Act (PEMHCA). The City's employer contribution for each employee's health benefits shall be the
minimum required by PEMHCA. The City pays this contribution directly to Ca1PERS. This amount
is established annually by PERS and is the minimum amount the agency must pay on behalf of the
employee for medical insurance. It is separate and apart from the annual health insurance rates and the
additional contribution noted in Section 27.2 Additional Contribution — Effective January 1, 2018.
27.2 Additional Contribution — Effective January 1, 2018
The amount of the City's additional contribution for current employees and their covered family
members shall be $614.52 for employee only, $1,355.38 for employee plus one, and $1,799.91 for
employee plus two or more. These amounts do not include the City PEMCHA contribution identified
in Section 27.1 Active Employees — PEMHCA Contribution. The City's additional contribution shall
not exceed these amounts unless and until a different amount is negotiated by the parties.
Coverage
2018 Health Rates
PEMHCA
2018 Health Rate
City's Benefit
Total 2018 City's
Employee
(Based on 2018 Kaiser
Contribution
Less the PENIHCA
Contribution of
Contribution Rate
Contribution
Permanente Rates)
(Added to the City's
Contribution
95%
KAISER
Benefit Contribution)
Employee Only
$779.86
$133.00
$646.86
$614.52
$747.52
$32.34
Resolution No. 2018-098 N.C.S. Page 27
Coverage
2018 Health Rates
PENIHCA
2018 Health Rate
City's Benefit
Total 2018 City's
Employee
(Based on 2018 Kaiser
Contribution
Less the PEMHCA
Contribution of
Contribution Rate
Contribution
Permanente Rates)
(Added to the City's
Contribution
95%
KAISER
Benefit Contribution)
Employee +1
$1,559.72
$133.00
$1,426.72
$1,355.38
$1,488.38
$71.34
Employee+2 or
$2,027.64
$133.00
$1,799.91
$1,932.91
$94.73
more
$1,894.64
For example, the 2018 Kaiser health rate for an employee electing employee only coverage is $779.86.
The PEMHCA contribution ($133.00) is subtracted from the 2018 Kaiser health rate ($779.86) to attain
the 2018 health rate less the PEMHCA contribution ($646.86). The 2018 health rate less the PEMHCA
contribution ($646.86) times ninety-five percent (95%) equals the City's benefit contribution of 95%
($614.52). The PEMHCA contribution ($133.00) is added to the City's benefit contribution of 95%
($614.52) to attain the total 2018 City's contribution rate ($747.52). The total 2018 City's contribution
rate ($747.52) is subtracted from the 2018 Kaiser health rate of $779.86 to attain the monthly employee
contribution rate of $32.34.
27.3 Additional Contribution — Effective January 1, 2019
The 2019 CalPERS premium for Kaiser — Bay Area is unknown. The required 2019 PEMHCA
contribution is one -hundred -thirty-six dollars ($136.00). Effective January 1, 2019, the City shall pay
the additional benefit that depends upon the actual percentage increase in the Kaiser — Bay Area
premium.
The City's benefit contribution for 2019 shall be equal to the actual 2019 CalPERS Health premium
for Kaiser — Bay Area, less the City's PEMHCA contribution, times ninety-five percent (95%) for
current employees and their covered family members.
27.4 Additional Contribution — Effective January 1, 2020
The 2020 CalPERS premium for Kaiser — Bay Area and required 2020 PEMHCA contribution are
unknown. Effective January 1, 2020, the City shall pay the additional benefit that depends upon the
actual percentage increase in the Kaiser — Bay Area premium.
The City's benefit contribution for 2020 shall be equal to the actual 2020 CalPERS Health premium
for Kaiser — Bay Area, less the City's PEMHCA contribution, times ninety-five percent (95%) for
current employees and their covered family members.
27.5 Employee Contribution
Employees shall contribute to his/her CalPERS Health Premium in the amounts less the City's
PEM 4CA contribution and less the additional benefit dollar paid by the City.
SECTION 28 — HEALTH BENEFITS — RETIRED EMPLOYEES
28.1 Retired Employees — CalPERS and the PEMHCA
The City currently provides health benefits through the California Public Employees' Retirement
System (CalPERS) Health Benefits Program under the Public Employees' Medical and Hospital Care
Resolution No. 2018-098 N.C.S. Page 28
Act (PEMHCA). In order to be eligible to receive health benefits through Ca1PERS upon retirement,
a City of Petaluma employee must meet the following definition of "annuitant" under Ca1PERS law:
(A) employee must be a member of Ca1PERS; and
(B) employee must retire within 120 days of separation from employment with the City of
Petaluma and receive a monthly retirement allowance from Ca1PERS.
28.2 "Unequal Contribution" Method for Health Care Premium Payments for Retirees
The City uses the "unequal contribution" method for health care premium payments for annuitants
(retirees), as permitted under Government Code section 22892. Under this method, the City is required
annually to increase the total monthly annuitant health care contribution to equal an amount not less
than the number of years the City has been in the PEMHCA program multiplied by five percent (5%)
of the current monthly employer contribution for active employees until the time the City's
contribution for annuitants equals the City's PEMHCA contribution paid for active employees.
By way of explanation, for calendar year 2012, the formula for determining the City's PEMHCA
contribution for retirees is as follows: 18 years in the PEMHCA program x 5% = 90% x $112.00
(minimum employer contribution for active employees for 2012) = $100.80
For calendar year 2013, the formula for determining the City's PEMHCA contribution for retirees is
as follows: 19 years in the PEMHCA program x 5% = 95% x $115.00 (minimum employer
contribution for active employees for 2013) = $109.25
Effective calendar year 2014 the "unequal contribution" method for health care premium payments for
annuitants (retirees) will be at the twenty year mark. Thus, the City's contribution for the PEMHCA
program will be at 100% (5% x 20 years). Therefore the monthly employer contribution for annuitants
is the required minimum PEMHCA contribution.
The City pays this contribution directly to Ca1PERS. The retiree is required to contribute to the cost
of the health benefit coverage. The retiree's monthly contribution shall be the cost of the monthly
health benefit premium less the amount of the City's contribution.
28.3 CalPERS Annuitant — PEMHCA Health Benefits
In accordance with the PEMHCA provisions, if an employee is a Ca1PERS annuitant as defined in
Section 28.1 and receives health benefits under the PEMHCA, the employee is eligible to receive
the City's PEMHCA contribution amount specified in Section 28.5 below, regardless of the
number of years of service with the City of Petaluma.
28.4 Less Than 20 Years of Service —Not Receiving PEMHCA
Health Benefits
An employee with less than twenty (20) years of service with the City of Petaluma who is not
enrolled in the Ca1PERS health benefit program does not receive any retiree benefit from the City.
28.5 Less Than 20 Years of Service — Receiving PEMHCA Health Benefits
An employee with less than twenty (20) years of service with the City of Petaluma who is a Ca1PERS
annuitant as defined in Section 28.1 and enrolled in the Ca1PERS health benefit program is eligible to
receive the City's PEMHCA contribution amount according to the following schedule:
Resolution No. 2018-098 N.C.S. Page 29
Calendar
Year
City's Monthly PEMHCA contribution
2016
$125.00
2017
$128.00
2018
$133.00
2019
$136.00
2020
Minimum PEMHCA contribution as set by CalPERS
The City's PEMHCA contribution amount is deducted from the retiree's monthly health premium
and paid to CalPERS directly by the City.
28.6 20 Years or More of Service — Not Receiving PEMHCA Health Benefits
An employee with twenty (20) or more years of service with the City of Petaluma who is not
enrolled in the CalPERS health benefits program shall receive direct payments in the amount of
one -hundred -forty dollars ($140.00) each month, effective the first month following the expiration
of health benefit coverage.
28.7 20 Years or More of Service — Receiving PEMHCA Health Benefits
An employee with twenty (20) years or more of service with the City of Petaluma who is a
CalPERS annuitant as defined in Section 28.1 and enrolled in the CalPERS health benefit program
shall receive a benefit payment of one -hundred -forty dollars ($140.00) per month as specified in this
section. The City's cash retiree benefit is sent directly to the retiree.
The following chart indicates the amount of the City's PEMHCA contribution and the amount of cash
payment to the retiree in the coming years.
Calendar
City PEMHCA
City Cash Retiree Benefit
Total
Year
contribution
Benefit
Amount
2016
$125.00
$15.00
$140.00
2017
$128.00
$12.00
$140.00
2018
$133.00
$7.00
$140.00
2019
$136.00
$4.00
$140.00
2020
Minimum PEMHCA
Total benefit amount of $140.00
$140.00
contribution as set by
minus the City monthly
CalPERS
PEMHCA contribution.
It is the responsibility of the retiree to notify the City in writing if he/she is no longer participating in
the CalPERS health benefit program. Following receipt of the written notice, the City will commence
direct payment of the one -hundred -forty dollars ($140.00) at the beginning of the following month.
SECTION 29 — CASH IN -LIEU OF HEALTH AND DENTAL BENEFITS
Employees with health and/or dental benefit insurance coverage from a source other than the City,
or employees with health and dental benefit insurance coverage from a City employee, may request
cash in -lieu of health and dental benefits. To be eligible for the cash in -lieu benefit program
employees must waive his/her coverage under the City's health and/or dental benefits, agree to the
Resolution No. 2018-098 N.C.S. Page 30
terms and conditions of the cash in -lieu benefit program and have written verification of health
and/or dental benefits insurance.
The cash in -lieu amount for health coverage shall be in the amount of fifty percent (50%) of the
health insurance premium amount of the Ca1PERS Kaiser — Bay -Area that the City would
otherwise pay for the employee and his/her family members. The cash in -lieu amount for dental
insurance benefits shall be in the amount of fifty percent (50%) of the established dental program
composite rate.
Upon declining medical and/or dental insurance, the employee will be required to meet the terms
and conditions regarding the City's medical and/or dental plan. If an employee decides to stop
receiving the medical/dental cash back and wishes to re -enroll into the City's medical and/or dental
plan, then he/she must meet the current terms and conditions of the City's medical and/or dental
plan. The City cannot guarantee that once the employee leaves a particular medical and/or dental
plan, he/she may be able to re -enroll in his/her prior plan and under the same terms and conditions
of his/her prior plan.
Employees hired on or after 10/10/16:
For new City employees hired on or after October 10, 2016, the cash in -lieu amount for health
benefits shall be $400.00. Employees hired on or after ratification and approval shall not be eligible
for cash -in lieu for dental benefits.
Upon declining medical insurance, the employee will be required to meet the terms and
conditions regarding the City's medical plan. If an employee decides to stop receiving the
medical cash back and wishes to enroll into the City's medical plan, then he/she must meet the
current terms and conditions of the City's medical plan.
SECTION 30 — SECTION 125 PLAN
The City of Petaluma has established and shall offer to eligible employees an Internal Revenue
Code (IRC) Section 125 plan. The Section 125 plan is subject to federal law and plan provisions.
The Section 125 Plan offered by the City provides employees with a tax savings through the
following programs:
(A) Pre -Tax Health Insurance Premiums:
This program allows employees to pay his/her share of health insurance premiums with
pre-tax dollars.
(B) Flex Spending Accounts (FSAs):
(1) Medical Reimbursement
This program permits employees to pay for common out-of-pocket medical
expenses (not covered by insurance) such as deductibles, co -pays, and vision and
dental care with pre-tax dollars.
(2) Dependent Care Reimbursement
This program permits employees to pay for most child and/or dependent care
expenses with pre-tax dollars.
Resolution No. 2018-098 N.C.S. Page 31
SECTION 31— DENTAL INSURANCE
The City shall continue to provide dental coverage and pay the total premium costs for the
employee and eligible dependents for the term of the Memorandum of Understanding. The
annual maximum benefit amount is two thousand dollars ($2,000.00) per person. Orthodontic
coverage (for dependent children only) shall be provided at 50% of the dentist's allowed fee
(subject to a $2,000.00 lifetime maximum per dependent child). Dependent Children are eligible
for dental and orthodontic coverage from birth to age 26.
SECTION 32 — VISION INSURANCE
The City shall provide a vision plan for employees and eligible dependents. The cost shall be paid
for by the City. Employees are eligible for eye exams once a calendar year with a twenty-five
dollar ($25.00) copay. Frames are available once a calendar year with a maximum benefit of one -
hundred -eighty dollars ($180.00) and cosmetic contact lenses are available once a calendar year
with a maximum benefit of one -hundred -eighty dollars ($180.00).
SECTION 33 — LIFE INSURANCE
The City shall provide for a group term life insurance program for the City employees in this
Unit. The City shall pay, during the course of the MOU, the insurance cost towards employee
only coverage for such insurance in the principle sum of seventy-five thousand dollars
($75,000.00) per employee.
SECTION 34 — DISABILITY INSURANCE
34.1 Short -Term Temporary Disability Benefit Program
The City has established and shall provide eligible employees with a short-term temporary
disability benefit program in accordance with administrative policy.
34.2 Short -Term Disability Insurance — Voluntary
The City agrees that employees in this unit may, on a purely voluntary basis and at his/her own
expense, participate in a voluntary short-term disability insurance, as long as the number of
employees electing to participate in the program meets the minimum participation standards set
by the carrier.
34.3 Long -Term Disability Insurance
The City shall provide for a long-term disability plan, with the premium to be paid for by the City.
SECTION 35 — EMPLOYEE ASSISTANCE PROGRAM
The City will provide an Employee Assistance Program to employees and his/her immediate
families. This licensed counseling service will provide assistance and referrals for marriage and
family problems, alcohol and drug dependency, emotional, personal, and stress-related concerns
and other issues. All counseling services are confidential.
Resolution No. 2018-098 N.C.S. Page 32
SECTION 36 — DEFERRED COMPENSATION
The City shall make available to the members of this unit the City's Deferred Compensation Plan.
SECTION 37 — TRANSFERS/PROMOTIONS RETREAT ENTITLEMENT
An employee who transfers or promotes to another the City 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 38 — NEW OR CHANGED CLASSIFICATION
The City shall notify the Union staff representative and the president when proposing to abolish
or create a new bargaining unit position. In the event a new classification is established, the City
shall assign it to a pay grade based upon the work to be performed after comparison with other
classifications.
The City shall provide the Union staff representative and the president with a written
classification description of the new or changed classification, which shall describe the content
sufficiently to identify the classification.
Upon receipt of the City's description, the staff representative or the president of the Union, or
his designated representative, shall be afforded an opportunity to discuss the new or changed
classification and meet and confer as provided by the MMBA regarding assignment to the pay
grade with the City Manager or his representative. If the Union does not request a meeting within
five (5) work days of the receipt of the City's recommendation, it shall be deemed to be approved
by the Union.
SECTION 39 — PROBATIONARY PERIOD
All original, transfer, and promotional appointments shall be subject to a probationary period. The
probationary period shall be regarded as part of the testing process. It shall be utilized for closely
observing the employee's work performance. A probationary employee, whose performance does
not meet the required standards of work, may be rejected.
In accordance with the City's administrative policy, a minimum of a six (6) month probationary
period is required for all established classifications. However, an incumbent in a technical
classification serves a twelve (12) month probationary period; an incumbent in a clerical
classification serves a six (6) month probation period.
For promotion and/or transfer an employee's probationary period is six (6) months. Should an
employee be on a leave of absence without pay, the probationary period will be extended for that
time.
During the probationary period, an employee may be rejected at any time by the City Manager
without cause and without the right of appeal.
Resolution No. 2018-098 N.C.S. Page 33
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 40 — DISCIPLINE PROCEDURE
40.1 Discipline — Methods
When an employee has not met standards of professional conduct the City of Petaluma may impose
the following types of discipline:
(A)
Verbal Counseling
(B)
Letters of Counseling
(C)
Corrective Written Action
(D)
Suspension Without Pay
(E)
Reduction in Pay
(F)
Demotion
(G)
Disciplinary Probation
(H)
Discharge/Termination
Any authorized supervisor may initiate and recommend discipline for cause against an employee
under his/her supervision in accordance with these procedures.
40.2 Discipline — Verbal Counseling
The City may correct an employee with verbal counseling. There shall be no written notice of
verbal counseling placed in an employee's personnel file.
40.3 Discipline — Letters of Counseling
The City may correct an employee with a letter of counseling. The letter of counseling shall be
placed in an employee's personnel file. Employees may request in writing to the department
director with a copy to the Human Resources office that letters of counseling which are two (2) or
more years old be destroyed when:
(A) The employee's personnel file does not contain subsequent letters of corrective action; and,
(B) There is no other current or pending corrective action at the time the employee submits
his/her request to the department director.
40.4 Discipline — Corrective Written Action
The City may correct an employee in a written notice. The written notice shall include the basis
for the correction and by attachment any other relevant documents. The employee may within
thirty (30) calendar days respond to the City, either in writing or orally to the notice before it is
placed in his/her personnel file. If the employee chooses, he/she may prepare a written response
and have it placed with the City's written correction in his/her personnel file. There shall be no
further appeal of a written correction.
40.5 Discipline — Employee Notice
Resolution No. 2018-098 N.C.S. Page 34
For discipline other than a written correction, the employee shall receive a written notice of the
discipline, the basis for the discipline, and by attachment other documents upon which the
discipline is based, along with notice of the right to respond, either in writing or orally, before
discipline is imposed.
If requested by the employee in writing within fourteen (14) calendar days the City shall meet with
the employee, unless a different date is set by mutual agreement.
40.6 Discipline — Employee Response
If the employee elects to respond to the discipline, he/she shall either provide a written request to
the City within seven (7) calendar days of receiving the notice of discipline. The request may be
accompanied by a written position statement. If requested, the department director shall convene
a meeting within seven (7) calendar days of receiving the request to review the employee's
response and position before discipline is imposed. The employee shall be entitled to a
representative of his/her choice, provided that the representative shall not be directly involved in
the events underlying the proposed discipline. At the meeting, the employee shall be provided an
informal opportunity to respond to the discipline and to present any information for consideration
by the department director. Seven (7) calendar days after the employee has been provided an
opportunity to respond to the discipline, the department director shall issue a written notice with
his/her decision.
40.7 Discipline — Employee e Appeal
For suspension greater in severity than five (5) working days, and other discipline other than
written correction, the employee shall have the right to appeal the department director's decision
to the City Manager or alternatively, the Union may elect to appeal the discipline to advisory
arbitration before discipline is imposed. If the employee elects to appeal the discipline to the City
Manager, or if the Union elects to appeal the discipline to advisory arbitration, they shall within
fourteen (14) calendar days from the notice of the department director's final decision submit a
written request to the City Manager to appeal the discipline. If no written request is submitted to
the City Manager within the fourteen (14) day time frame, the right of appeal is waived and the
discipline shall become final.
40.8 Discipline — Employer Review
If the employee elects to have the City Manager review the discipline, the City Manager shall
convene a meeting to review the employee's response and position before discipline is imposed.
The employee shall be entitled to a representative of his/her choice. At the meeting, the employee
shall be provided the opportunity to respond to the discipline and to present any information for
consideration by the City Manager. Fourteen (14) calendar days after the employee has been
provided an opportunity to respond to the discipline, the City Manager shall issue a written notice
with his/her decision. The City Manager's decision shall be final.
40.9 Discipline — Advisory Arbitration
As an alternative, the Union may elect to appeal discipline to advisory arbitration before discipline
is imposed.
(A) The arbitrator shall be selected from a list provided by the American Arbitration
Association or the State Mediation and Conciliation Service. A list of seven names shall
be requested from either source in a manner to be jointly agreed upon by the City and
Union. The City and the Union, shall alternatively delete names from the list.
Resolution No. 2018-098 N.C.S. Page 35
(B) The arbitrator so selected shall conduct a hearing as expeditiously as possible at a time and
place convenient to the City, the employee and the Union.
(C) The arbitrator shall have the authority to convene the hearing, receive evidence through
testimony and documents and to make findings of fact and conclusion whether the
discipline was for just cause and whether the discipline was appropriate. The arbitrator may
recommend an outcome, but the final authority rests with the City Manager.
(D) Within thirty (30) calendar days after the hearing, the arbitrator shall submit in writing
his/her advisory recommendations to the City Manager and the employee.
(E) Within fourteen (14) calendar days of receipt of the arbitrator's advisory
recommendations, the City Manager shall issue a final decision. The City Manager's
decision shall be final.
(F) Any costs associated with the arbitration hearing shall be borne equally by the City and
Union.
(G) City employees who are employed "at -will," or who are temporary or probationary, are not
subject to the requirement of good cause, and are not entitled to these discipline procedures.
SECTION 41— GRIEVANCE PROCEDURE
41.1 Purpose of the Procedure
The purpose of the grievance procedure is to process and resolve grievances arising out of the
interpretation, application, or enforcement of the express terms of this agreement; to promote
improved employer-employee relations by establishing procedures for resolving such grievances;
to afford employees individually or through his/her recognized employee organization a systematic
means of obtaining further consideration of such grievances after every reasonable effort has failed
to resolve them through discussions; to provide that the grievances shall be settled as near as
possible to the point of origin; to provide that the grievance procedure shall be conducted as
informally as possible.
"Grievance" is defined as any dispute concerning the interpretation, application, or enforcement
of the express terms of this agreement (not including disputes regarding or appeals of disciplinary
actions).
41.2 Conduct of Grievance Procedure
(A) The time limits specified below may be extended to a definite date by mutual agreement
of the employee, his/her representative, and the reviewer concerned.
(B) The employee may request the assistance of another person of his/her own choosing in
preparing and presenting his/her grievance at any level of review.
(C) The employee and his/her representative may be permitted to use a reasonable amount of
work time as determined by the appropriate department director in conferring about and
presenting the grievance.
Resolution No. 2018-098 N.C.S. Page 36
(D) Employees shall not be retaliated against for using the grievance procedures.
41.3 Grievance Procedure
(A) Step One
An employee, a group of employees or the Union who has a grievance (as defined above)
should first try to get it settled through an informal discussion with his/her immediate
supervisor without undue delay. The employee, a group of employees or the Union must
present the grievance within thirty (30) working days of the event(s) giving rise to the
grievance or the grievance shall be deemed untimely. Every effort should be made to find
an acceptable solution by informal means at his/her lowest possible level of supervision.
If the employee is not in agreement with the decision reached by the informal discussion
in Step One, the employee shall have the right to elevate the grievance to Step Two.
(B) Step Two
To elevate to Step Two, the employee shall submit a written grievance within ten (10)
working days after the informal discussion with the immediate supervisor. The written
grievance shall specify the term of the agreement at issue and the factual basis of the
grievance. The immediate supervisor shall render a decision in writing and return it to the
employee within ten (10) working days after receiving the written grievance.
If the employee is not in agreement with the written decision rendered by his/her immediate
supervisor, the employee shall have the right to elevate the grievance to Step Three.
If the employee does not receive a decision in writing from his/her immediate supervisor
within fifteen (15) working days of the employee's submission of the written grievance,
the employee may elevate the grievance to Step Three.
Failure of the employee to take further action within the days specified shall be considered
by the City as dropping the grievance.
(C) Step Three
To elevate to Step Three, the employee shall present the written grievance within ten (10)
working days after receiving the immediate supervisor's written decision, or if no decision
is rendered, within fifteen (15) working days of the employee's submission of the written
grievance to his/her immediate supervisor.
If the next level of supervision is not a department director, the next level supervisor, or
manager shall discuss the grievance with the employee, and his/her representative if
requested, and any other person the supervisor or manager deems appropriate. The
supervisor or manager shall render a decision in writing, and return it to the employee
within ten (10) working days after receiving the written grievance.
If the employee is not in agreement with the written decision rendered by his/her supervisor
or manager, the employee shall have the right to elevate the grievance to Step Four.
Resolution No. 2018-098 N.C.S. Page 37
If the employee does not receive a decision in writing from his/her supervisor or manager
within fifteen (15) working days of the employee's submission of the written grievance,
the employee may elevate the grievance to Step Four.
Failure of the employee to take further action within the days specified shall be considered
by the City as dropping the grievance.
(D) Step Four
To elevate to Step Four, the employee shall present the written grievance within ten (10)
working days after receiving the supervisor or manager's written decision, or if no decision
is rendered, within fifteen (15) working days of the employee's submission of the written
grievance to the supervisor or manager.
The department director shall discuss the grievance with' the employee, and his/her
representative if requested and any other person the department director deems appropriate.
The department director shall render a decision in writing, and return it to the employee
within ten (10) working days after receipt of the written grievance.
If the employee is not in agreement with the written decision rendered by his/her
department director, the employee shall have the right to elevate the grievance to Step Five.
If the employee does not receive a decision in writing from his/her department director
within fifteen (15) working days of the employee's submission of the written grievance,
the employee may elevate the grievance to Step Five.
Failure of the employee to take further action within the days specified shall be considered
by the City as dropping the grievance.
(E) Step Five
To elevate to Step Five, the employee shall present the written grievance within ten (10)
working days after receiving the department director's written decision, or if no decision
is rendered, within fifteen (15) working days of the employee's submission of the written
grievance to the department director.
The City Manager, or a designated representative, shall discuss the grievance with the
employee, and his/her representative if requested, and with other appropriate persons the
City Manager deems appropriate. The City Manager may designate a fact-finding
committee or officer not in the normal line of supervision, to advise him/her concerning
the grievance. The City Manager shall render a decision in writing to the employee within
twenty (20) working days after receipt of the written grievance. The City Manager's
decision shall be final.
SECTION 42 — LAYOFF AND RECALL
42.1 Layoff Application
Should the City 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 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
Resolution No, 2018-098 N.C.S. Page 38
proposed action upon the bargaining unit employees and to propose effective economical methods,
if any, by which such work could continue to be provided by the City's own employees. It is not.
the intention of the City to contract out work normally performed by bargaining unit employees.
If the City proposes to abolish a position, whether filled or vacant, the City will notify the Union
and afford the opportunity to meet and confer.
42.2 Layoff — Employer Right
Whenever, in the judgment of the City Council, it becomes necessary to abolish any position of
employment due to a re -organization 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.
42.3 Layoff — Employee Notification
Employees to be laid off shall be given, whenever possible, at least fourteen (14) calendar days'
prior notice.
42.4 Layoff — Vacancy and Reclassification
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 42.7 is qualified. All persons so demoted
shall have his/her names placed on the re-employment list.
42.5 Layoff — Employee Rights
An employee affected by layoff shall have the right to displace an employee in the same
department who has less seniority in 1) 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 42.6, seniority includes all periods of full-time service at or above the
classification level where the layoff is to occur.
42.6 Layoff — Seniority
In order to retreat to a former or lower classification, an employee must have more seniority than
at least one (1) of the incumbents in the retreat classification, be qualified to hold the retreat
classification or have served in the retreat classification prior to the layoff and request displacement
action in writing to the Human Resources office within five (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 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 completed a probationary period in the retreat
classification or a higher classification in the series.
Resolution No. 2018-098 N.C.S. Page 39
42.7 Layoff — Order of
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.
42.8 Recall — Re -Employment List
The names of persons laid off or demoted in accordance with these rules shall be entered upon a
re-employment list. Lists from different departments or at different times for the same
classification of position shall be combined into a single list based on seniority. Such list shall be
used by every appointing authority when a vacancy arises, based on seniority, in the same or lower
classification of position before certification is made from an eligible list.
42.9 Recall — Duration of Re -Employment List
Names of persons laid off shall be carried on a re-employment list for two (2) years.
SECTION 43 — EMPLOYEE PERSONNEL FILE
43.1 Employee Personnel File — Right to Inspect
An employee (or employee representative with written authorization from the employee) shall
have the right to inspect and review his/her employee personnel file. The employee's personnel
file shall be made available to the employee for inspection and review at a mutually agreeable time
between the employee and Human Resource office staff member.
43.2 Employee Personnel File — Acknowledgement Adverse Comments
Before any adverse comments are placed in an employee's personnel file, the employee shall be
given a copy of the material to be placed in his/her file; and written notice that the material will be
placed in his/her personnel file. The material shall contain either a written acknowledgment that
the employee has received the material and the notice, or a statement signed by the person who
delivered the material that the employee refused to sign such an acknowledgment. The employee
may write a response to the document containing the adverse comment for placement in his/her
personnel file.
SECTION 44 — OTHER
44.1 Performance Evaluations
(A) Performance evaluations are a process designed to acknowledge the performance of an
employee.
(B) A probationary employee shall receive at least one (1) performance evaluation during
his/her probationary period at or near the midpoint of the probationary period.
(C) 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 MOU.
Resolution No. 2018-098 N.C.S. Page 40
44.2 Safety Committee
The City agrees that it has the obligation to take reasonable steps to furnish employment and a
place of employment, which is safe and healthful for its employees. The Union may report to the
City any condition, which it perceives to be a working condition that is less than safe or healthful.
Upon receiving such a report, the City agrees to meet with the Union to discuss the reported
condition.
A Safety Committee composed of one (1) 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 (2x) yearly to
discuss safety practices, methods of reducing hazards, safety training, building inspections and
other mandatory elements of the City's Injury and Illness Prevention Program.
SECTION 45 — MUTUAL ACCEPTANCE AND RECOMMENDATION
This document represents the final and complete Agreement resulting from the 2018 Meet
and Confer sessions with the American Federation of State, County and Municipal
Employees, AFSCME, 675, Unit 1 Confidential.
Representatives of the City and Unit 1 acknowledge that they have fulfilled his/her mutual
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 and
Unit 1, who have the approval of his/her members, agree to recommend for acceptance and
approval to the City Council of the City.
The parties affix his/her signatures as constituting mutual acceptance and recommendation
of this MOU to become effective July 1, 2018 upon acceptance and approval of the City
Council.
Resolution No. 2018-098 N.C.S. Page 41
AMERICAN FEDERATION OF STATE, COUNTY, AND MUNICIPAL EMPLOYEES
Larry Hendel, Business Agent, AFSCME Date
/s/
Ken Whaley, Union President, AFSCME Date
/s/
Mike Seslar, Union Vice -President, AFSCME Date
/s/
Leslie Manning, Treasurer, AFSCME Date
Suzanne Terry, Secretary, AFSCME Date
CITY OF PETALUMA
John Brown, City Manager Date
Amy Reeve, Director of Human Resources Date
Resolution No. 2018-098 N.C.S. Page 42
EXHIBIT A - SALARY TABLE
AFSCME - Local 675, Confidential Unit 1
EFFECTIVE FIRST FULL PAY PERIOD IN JULY 2018 FACTORING IN 3% WAGE
INCREASE & JULY 2018 0.75% PERS COST -SHARE
CLASSIFICATION
1
2
3
4
5
Administrative Assistant
29.09
30.54
32.07
33.68
35.36
Administrative Technician
30.56
32.09
33.70
35.38
37.14
Deputy City Clerk
30.56
32.09
33.70
35.38
37.14
Human Resources Assistant I
24.21
25.40
26.69
28.02
29.42
Human Resources Assistant II
27.83
29.23
30.69
32.22
33.84
Human Resources Specialist
31.95
33.55
35.23
37.00
38.84
Information Tech Specialist I
32.36
33.99
35.69
37.47
39.34
Information Tech Specialist II
38.83
40.76
42.81
44.94
47.19
Office Assistant II Conf
22.45
23.58
24.77
26.00
27.31
Secretary Conf
25.04
26.29
27.60
28.97
30.43
Resolution No. 2018-098 N.C.S. Page 43
EXHIBIT B- DEFINITION OF TERMS
The following definitions apply throughout this MOU unless the context requires another meaning.
• The terms "employee" and "employees" as used in this MOU, (except where the MOU clearly
indicates otherwise) shall mean only an employee or employees within the unit described in
Exhibit A — Salary Table.
• The term "temporary" shall mean any individual or individuals whose employment is limited in
duration.
• The term "regular full-time employee" shall mean an employee in the competitive service who has
successfully completed the probationary period and whose normal schedule of work is forty (40)
hours per calendar work week.
• The term "regular part-time employee" shall mean an employee in the competitive service who
has successfully completed the probationary period and whose normal schedule of work is less
than a regular full-time employee.
• "Calendar day" means the twenty-four (24) consecutive hour period beginning at midnight, and
ending at midnight the following day.
• "Calendar work week" means a consecutive seven (7) days beginning at 0001 day 1 and continuing
until 2400, 168 hours later.
• "Normal work week" means any five (5) consecutive calendar days within a calendar work week.
• "Seniority" means uninterrupted employment with the City beginning with the last date hired by
the City and shall include periods of City employment outside the Unit, but shall exclude periods
of layoff, leaves of absence without pay, and leaves of absence, except medical, in excess of thirty
(30) consecutive days, including the first thirty (30) days of such absence.
• "Probationary Employee" means an employee assigned to a regular position for a probationary
period.
Resolution No. 2018-098 N.C.S. Page 44
�A
o
Q
MUNICIPAL
FMpL0Y -
sm
MEMORANDUM OF UNDERSTANDING
between
CITY OF PETALUMA
and
AMERICAN FEDERATION OF STATE, COUNTY AND
MUNICIPAL EMPLOYEES (AFSCME) - 675
July 1, 2018 THROUGH June 30, 2020
UNIT 2 - MAINTENANCE
PREAMBLE...............................................................................................................................................1
SECTION 1— TERM OF AGREEMENT.......................................................................................1
1.1 Effective Date
1.2 Notice of Successor Memorandum
1.3 Other Terms of Agreement
SECTION 2 — RECOGNITION...............................................................................................................2
2.1 Recognition — Union Recognition
2.2 Recognition — City Recognition
SECTION 3
— DEFINITION OF TERMS .................
3.1
The terms "employee" and "employees"
3.2
The term "temporary"
3.3
The term "regular full-time employee"
3.4
The term "regular part-time employee"
3.5
"Calendar day"
3.6
"Calendar work week"
3.7
"Normal work week"
3.8
"Seniority"
3.9
"Probationary Employee
SECTION 4 — UNION RIGHTS ..........................................
4.1
Union Rights
— Stewards and Representatives
4.2
Union Rights
— Bulletin Boards
4.3
Union Rights
— Excused Absence
4.4
Union Rights
— Union/City Meetings
4.5
Union Rights
— Advanced Notice
4.6
Union Rights
— List of Employees
.................................................................2
.............................................................3
SECTION 5 — UNION SECURITY..................................................................................
5.1
Union Security
— Agency Shop
5.2
Union Security
— Union Membership or Payment of Agency Fee
5.3
Union Security
— Revocation of Membership
5.4
Union Security
— Payroll Deductions
5.5
Union Security
— Discipline
5.6
Union Security
— Indemnification and Hold Harmless
5.7
Union Security
— Payroll Deductions
5.8
Union Security
— Written Authorization — Dues
5.9
Union Security
— Change in Deductions
5.10
Union Security —
Hudson Procedure
.........4
Resolution No. 2018-098 N.C.S. Page 46
TABLE' OF CONTENTS
SECTION6 - SALARIES........................................................................................................................7
6.1 Salaries
6.2 Salary - Permanent Transfer to a New Classification
6.3 Salary - Transfer to a Lower Classification
6.4 Salary - Transfer or Promotion Entitlement to Retreat
6.5 Temporary Assignment Pay
6.6 Termination Pay - Employee's Hourly Rate
SECTION 7 - SPECIAL COMPENSATION.......................................................................................9
7.1 Special Compensation - Smoking Cessation Plan
7.2 Special Compensation - Uniform Allowance
7.3 Special Compensation - Work Boots
7.4 Special Compensation - Bilingual Pay - Spanish
SECTION 8 - ALTERNATE WORK WEEK AND OVERTIME.....................................................10
8.1 Alternate Work Schedule
8.2 Alternate Work Week - Overtime
8.3 Overtime - Missed Meal Period
8.4 Overtime - Compensation Rate
8.5 Overtime - Assignment Of
8.6 Overtime - Twenty -Four (24) Hour Notice
8.7 Overtime - Holiday Schedule
8.8 Rest Periods
8.9 Meal Period - Duty Free
8.10 Meals - Non -Duty Free
SECTION 9 - COMPENSATORY TIME............................................................................................11
9.1 Compensatory Time Off - City Choice
9.2 Compensatory Time Payment
9.3 Compensatory Time Payments - Separation from City of Petaluma
SECTION10 - CALLBACK AND STANDBY....................................................................................12
10.1 Callback
10.2 Standby - Defined
10.3 Standby - Weekend/Holiday
10.4 Standby - Water Recycling Plant Operator III and Water Recycling Plant Lead Operator
10.5 Standby - Assignment to Check Computer
10.6 Standby - Telephone or Electronic Consultation
10.7 Standby - Does not apply
SECTION11- PREMIUM PAY...........................................................................................................13
11.1 Premium Pay - Arborist Duties
11.2 Premium Pay- Heating Ventilation/Air Conditioning/Refrigerant
11.3 Premium Pay - Animal Control Officer Field Training
Resolution No. 2018-098 N.C.S. Page 47
TABLE OF CONTENTS
SECTION12 — HOLIDAYS...................................................................................................................13
12.1 Holidays — Fixed Holidays
12.2 Holidays — Floating Holidays
12.3 Holidays — Bonus Holiday
SECTION13 — VACATION...................................................................................................................14
13.1
Vacation —
Accrual
13.2
Vacation —
Scheduling
13.3
Vacation —
Deferral
13.4
Vacation —
Usage
13.5
Vacation —
Payment upon Termination
SECTION 14 — LEAVES — SICK LEAVE............................................................................................15
14.1
Sick Leave
— Eligibility
14.2
Sick Leave
— Accrual
14.3
Sick Leave
— General
14.4
Sick Leave
— Transfer
14.5
Sick Leave
— Retirement Payout
SECTION 15 — LEAVES — INDUSTRIAL INJURY LEAVE............................................................17
15.1 Industrial Injury Leave — Workers' Compensation
15.2 Industrial Injury Leave — Determination of Industrial Disability Leave
15.3 Industrial Injury Leave — Notice and Proof of Industrial Disability
SECTION 16 — LEAVES — BEREAVEMENT LEAVE.......................................................................19
SECTION 17 — LEAVES — VICTIMS OF DOMESTIC VIOLENCE................................................19
AND SEXUAL ASSAULT LEAVE
SECTION18 — LEAVES — MILITARY LEAVE.................................................................................19
SECTION 19 — LEAVES — ELECTION OFFICER LEAVE AND....................................................20
VOTING LEAVE
SECTION 20 — LEAVES — SCHOOL VISITATION LEAVE............................................................20.
SECTION 21— LEAVES — LEAVE OF ABSENCE WITHOUT PAY...............................................20
21.1
Leave
— Method of Requesting Leaves of Absence Without Pay
21.2
Leave
— General Conditions
21.3
Leave
— Personal Leave
21.4
Leave —
Medical Leave
SECTION 22 — LEAVES — JURY DUTY LEAVE...............................................................................21
SECTION 23 — FAMILY CARE and MEDICAL LEAVE (FMLA & CFRA)..................................21
23.1 FMLA and/or CFRA Leave
23.2 FMLA and/or CFRA — Second Opinion
Resolution No. 2018-098 N.C.S. Page 48
TABLE OF CONTENTS. , .
SECTION 24 — LEAVES — PREGNANCY DISABILITY LEAVE....................................................22
SECTION 25 — DISCRIMINATION, HARASSMENT........................................................................22
AND RETALIATION PROHIBITED
SECTION 26 — REASONABLE ACCOMMODATION......................................................................22
SECTION 27 — CALIFORNIA PUBLIC EMPLOYEES' RETIREMENT SYSTEM......................22
SECTION 28 — HEALTH BENEFITS — ACTIVE EMPLOYEES.....................................................23
28.1 Active Employees — PEMHCA Contribution
28.2 Additional Contribution — Effective January 1, 2018
28.3 Additional Contribution — Effective January 1, 2019
28.4 Additional Contribution — Effective January 1, 2020
28.5 Employee Contribution
SECTION 29 — HEALTH BENEFITS — RETIRED EMPLOYEES..................................................24
29.1 Retired Employees — Ca1PERS and the PEMHCA
29.2 "Unequal Contribution" Method for Health Care Premium Payments for Retirees
29.3 Ca1PERS Annuitant — PEMHCA Health Benefits
29.4 Less Than 20 Years of Service — Not Receiving PEMHCA Health Benefits
29.5 Less Than 20 Years of Service — Receiving PEMHCA Health Benefits
29.6 20 Years or More of Service — Not Receiving PEMHCA Health Benefits
29.7 20 Years or More of Service — Receiving PEMHCA Health Benefits
SECTION 30 — CASH IN -LIEU OF HEALTH AND DENTAL BENEFITS....................................26
SECTION 31— SECTION 125 PLAN....................................................................................................27
SECTION 32 — DENTAL INSURANCE...............................................................................................27
SECTION33 — VISION INSURANCE.................................................................................................27
SECTION34 — LIFE INSURANCE......................................................................................................27
SECTION35 — DISABILITY INSURANCE........................................................................................27
35.1 Short—Term Temporary Disability Benefit Program
35.2 Short -Term Disability Insurance — Voluntary
35.3 Long Term Disability Insurance
SECTION 36 — EMPLOYEE ASSISTANCE PROGRAM.................................................................28
SECTION 37 — DEFERRED COMPENSATION................................................................................28
Resolution No. 2018-098 N.C.S. Page 49
TABLE OF CONTENTS:
SECTION 38 — CLASS B DRIVERS' LICENSE.................................................................................28
38.1 Class B Requirement
38.2 Class B —New Hires
38.3 Class B — Application
38.4 Class B — Lap/Loss of Class B — Medical
38.5 Class B — Lap/Loss — Written/Practical
38.6 Class B — DOT Testing
SECTION39 — PROMOTIONS.............................................................................................................30
39.1 Promotion — Application
39.2 Promotion — Notice of Examinations
SECTION 40 — TEMPORARY APPOINTMENTS.............................................................................30
SECTION 41— TRANSFERS BETWEEN SECTIONS......................................................................31
SECTION 42 — NEW OR CHANGED CLASSIFICATIONS.............................................................31
SECTION43 — SENIORITY..................................................................................................................32
43.1 Seniority Application
43.2 Seniority List
SECTION44 — PROBATION................................................................................................................32
SECTION 45 — DISCIPLINE PROCEDURE.......................................................................................33
45.1 Discipline — Methods
45.2 Discipline — Verbal Counseling
45.3 Discipline — Letters of Counseling
45.4 Discipline — Corrective Written Action
45.5 Discipline — Employee Notice
45.6 Discipline — Employee Response
45.7 Discipline — Employee Appeal
45.8 Discipline — Employer Review
45.9 Discipline — Advisory Arbitration
SECTION 46 — GRIEVANCE PROCEDURE......................................................................................35
46.1 Purpose of the Procedure
46.2 Conduct of Grievance Procedure
46.3 Grievance Procedure
SECTION47 — LAYOFF AND RECALL.............................................................................................38
47.1 Layoff Application
47.2 Layoff — Employer Right
47.3 Layoff — Employee Notification
47.4 Layoff — Vacancy and Reclassification
47.5 Layoff — Employee Rights
47.6 Layoff — Seniority
47.7 Layoff — Order of
Resolution No. 2018-098 N.C.S. Page 50
. TABLE OF CQNTENTS
47.8 Recall — Re -Employment List
47.9 Recall — Duration of Re -Employment List
SECTION 48 — EMPLOYEE PERSONNEL FILES............................................................................39
48.1 Employee Personnel File — Right to Inspect
48.2 Employee Personnel File — Acknowledgement Adverse Comments
SECTION49 — OTHER..........................................................................................................................39
49.1 Employee Job Training
49.2 Safety Committee
SECTION 50 — SEVERABILITY CLAUSE.........................................................................................40
SECTION 51— MUTUAL ACCEPTANCE AND RECOMMENDATION.......................................40
EXHIBITA — SALARY TABLE............................................................................................................42
Resolution No. 2018-098 N.C.S. Page 51
PREAMBLE
This Memorandum of Understanding (MOU) is entered into by the City of Petaluma, hereinafter referred
to as the "City" and the American Federation of State, County and Municipal Employees, (AFSCME)
Local 675 — Maintenance Unit 2, hereinafter referred to as the "Union."
The parties hereto desire to confirm and maintain the spirit of cooperation, which has existed between the
City and its employees. The Union and the City will strive to promote a harmonious relationship between
all parties to this agreement that will result in benefits to the City'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 MOU shall be construed as including both genders
and not as sex limitations.
SECTION I — TERM OF AGREEMENT
1.1 Effective Date
This MOU shall be effective for a two (2) year term. The fiscal year commencing July 1, 2018 and
ending June 30, 2020.
1.2 Notice of Successor Memorandum
The parties shall commence meeting and conferring for a subsequent Memorandum of
Understanding no later than the last week of February 2020.
1.3 Other Terms of Agreement
(A) This MOU is subject to the approval of the City Council of the City.
(B) The terms, benefits, and conditions of employment granted this unit is governed solely by
this MOU.
(C) The terms of this MOU shall commence on July 1, 2018, and continue until the expiration
date of June 30, 2020, and from year to year thereafter unless written notice is given by
one party to the MOU as set forth in Section 1.2.
(D) 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.
(E) 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 during the term of this MOU.
(F) The City shall not conduct a lockout of its employees during the term of this MOU.
Resolution No. 2018-098 N.C.S. Page 52
SECTION 2 — RECOGNITION
2.1 Recognition — Union Recognition
Subject to the statutory rights of self -representation under Government Code section 3503,
AFSCME, Local 675, Unit 2, Maintenance, hereafter referred to as the "Union" is the recognized
employee organization for those Maintenance positions listed in Exhibit A — "Salary Table".
2.2 Recognition — City Reco nig tion
The Municipal Employee Relations Officer of the City, or any person or organization duly
authorized by the Municipal Employee Relations Officer, is the representative of the City of
Petaluma, hereinafter referred to as the "City" in employer-employee relations.
SECTION 3 — DEFINITION OF TERMS
The following definitions apply throughout this MOU unless the context requires another meaning.
3.1 The terms "employee" and "employees" as used in this MOU, (except where the MOU clearly
indicates otherwise) shall mean only an employee or employees within the unit described in
Exhibit A — Salary Table.
3.2 The term "temporary shall mean any individual or individuals whose employment is limited in
duration.
3.3 The term "regular full-time employee" shall mean an employee in the competitive service who has
successfully completed the probationary period and whose normal schedule of work is forty (40)
hours per calendar work week.
3.4 The term "regular_ part-time employee" shall mean an employee in the competitive service who
has successfully completed the probationary period and whose normal schedule of work is less
than a regular full-time employee.
3.5 "Calendar day" means the twenty-four (24) consecutive hour period beginning at midnight, and
ending at midnight the following day.
3.6 "Calendar work week" means a consecutive seven (7) days beginning at 0001 day 1 and continuing
until 2400, 168 hours later.
3.7 "Normal work week" means any five (5) consecutive calendar days within a calendar work week.
3.8 "Seniority" means uninterrupted employment with the City beginning with the last date hired by
the City and shall include periods of City employment outside the Unit, but shall exclude periods
of layoff, leaves of absence without pay, and leaves of absence, except medical, in excess of thirty
(30) consecutive days, including the first thirty (30) days of such absence.
3.9 "Probationary Employee" means an employee assigned to a regular position for a probationary
period.
Resolution No. 2018-098 N.C.S. Page 53
SECTION 4 — UNION RIGHTS
4.1 Union Rights — Stewards and Representatives
The City recognizes and agrees to meet with the five (5) accredited Union stewards and
representatives of the Union in all matters relating to grievances and the interpretation of this
MOU.
(A) 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. Notice of any changes of such Union officers
or stewards shall be promptly forwarded to the City in writing.
(B) The number of Union stewards shall not exceed five (5). Any change in the number of
stewards shall be made by written consent of both parties.
(C) 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, the steward or Union office shall be allowed
reasonable time off during regular working hours without loss of pay, subject to prior
notification of his/her immediate supervisor and with the concurrence of the City Manager.
(D) Upon request to the Human Resources Manager, a representative of the 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.
(E) During such visit, the representatives may inspect any area relevant to the grievance with
the Union steward or his/her designated representative.
4.2 Union Rights — Bulletin Boards
The City 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
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
and the Union will meet within five (5) work days to attempt to resolve the issue.
4.3 Union Rights — Excused Absence
Resolution No. 2018-098 N.C.S. Page 54
Upon written request of the secretary treasurer of the Union, an employee who is elected or
selected by the Union may be granted an excused absence without pay for a period not to exceed
five (5) days per year to attend conferences or conventions. Not more than one (1) employee will
be granted an excused absence at any time.
4.4 Union Rights — Union/City Meetings
At the request of either the Union or the City, conferences shall be held for the purpose of
considering matters of mutual interest. 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 his/her normal schedule of work for the purpose of attending a conference.
Conferences may be attended by the AFSCME Business Agent. Benefit plan review and proper
classification assigmnent are examples of appropriate subjects for such conferences.
It is understood that such conferences are not considered meet and confer and any matters
discussed, or any action taken pursuant to such conferences, shall in no way change or alter any of
the provisions of the MOU, or the rights of either the City or the Union under the terms of the
MOU.
4.5 Union Rights — Advanced 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.
(A) 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 agrees to meet and confer within
a reasonable and practical time after the termination of the emergency situation.
(B) During the course of such declared emergencies, the City 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 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 MOU will again become effective.
4.6 Union Rights — List of Employees
The City agrees to monthly furnish the Union with the names, classifications, and dates of hire
for all Unit members.
SECTION 5 — UNION SECURITY
5.1 Union Security — Agency Shop
The following modified Agency Shop procedures shall apply to all employees represented by the
Union.
(A) Limitation of Provision
This provision shall be in accordance with and the parties agree to abide by the
provisions of Government Code Section 3502.5,
Resolution No. 2018-098 N.C.S. Page 55
(B) 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.
(C) 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.
(D) Compliance with Federal/State Laws
If any provisions of this MOU are invalid under an applicable federal or state law, said
provision shall be modified to comply with the requirements of said federal or state law.
(E) 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.
5.2 Union Security— Union Membership or Payment of Agency Fee
All bargaining unit employees shall, as a condition of continued employment, either:
(A) Become and remain a member of the Union;
(B) 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 for 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
(C) Religious Objection
Pursuant to Section 3502.5 (c) of the Government Code, 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, such employee shall
not be required to join, maintain membership in, or financially support the Union as a
condition of employment. 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 (1) of
the following four (4) non -religious, non -labor, charitable funds that are tax exempt under
Section 501(c)(3) of the Internal Revenue Code.
The employee shall choose from the following:
Petaluma Peoples Service Center Meals on Wheels
Petaluma Peoples Service Center Senior Nutrition Site
Petaluma Boys and Girls Club
Hospice of Petaluma
5.3 Union Security — Revocation of Membership
Once each year, in December, and for a new employee, at the time he/she commences employment
with the City, each employee of the bargaining unit may elect to revolve Union membership without
Resolution No. 2018-098 N.C.S. Page 56
penalty to his/her employment with the City, on an appropriate form approved by the City. The
party electing to revoke membership shall be subject to the provisions of section 5.2 (C) above.
5.4 Union Security — Payroll Deductions
Payroll deductions for Union dues or agency fees shall be made only upon the employee's written
authorization on a payroll deduction form approved by the City and shall terminate in the event
the employee chooses the revocation of membership of Union membership in accordance with
section 5.3.
(A) Authorization
Subject to the revocation of membership of section 5.3, all new employees who are hired
into job classifications in this unit may 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 otherwise revoked in accordance with the terms of this
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.
(B) Sufficiency of Earnings
The employee's earnings must be sufficient to cover the amount of the deductions herein
authorized after all other required deductions are made. 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 which would have been withheld
with the City 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.
(C) 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 were executed prior
to the execution of this MOU shall remain in full force and effect.
(D) 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.
5.5 Union Security — Discipline
No employee shall be disciplined under this section unless the Union has first:
(A) Notified the 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 thirty (30) calendar days, the employee will
be reported by the Union to the City for disciplinary action as provided for in this section,
and
Resolution No. 2018-098 N.C.S. Page 57
(B) Furnished the City with written proof that the procedure set forth in paragraph (A) above
has been followed, and has supplied the City with a copy of the letter sent to the employee
and notice that the employee has not complied with the request, along with the following
certification:
The Union certifies that the employee has failed to tender the Union fee required as a
condition of employment under the MOU, and therefore, under the terms of the MOU, the
Union requests that the City terminate the employee's employment with the City.
5.6 Union Security — 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 form of liability that may arise out of or by reason of
this section, or that arise out or by reason 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 City any amounts paid to it in error on presentation of
supporting evidence.
5.7 Union Security — Payroll Deductions
It is the intent of this section is to provide for the regular dues of Union members to be deducted
from his/her checks insofar as permitted by law. The City 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 and the Union. However, the City
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.
5.8 Union Security — Written Authorization — Dues
The written authorization for Union dues deduction shall remain in full force and effect, during
the life of the current MOU between the City and the Union unless canceled in writing.
5.9 Union Security — Change in Deductions
Upon written request of the Union, the City shall change the amount of dues deducted from Union
members' checks.
5.10 Union Security — 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
employee covered by this MOU within ten (10) days of the signing of this agreement. The City
shall provide to the Union a list of those employees who are Union employees 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, the Union shall provide each member with a copy of the Union's
"Hudson procedures" and shall provide to the City confirmation of such mailing.
SECTION 6 — SALARIES
6.1 Salaries
Salary ranges shall be as specified in Exhibit "A" for each classification.
Effective the first full pay period in July 2018, all unit members shall receive a three percent (3%)
base wage increase.
Resolution No. 2018-098 N.C.S. Page 58
Effective the first full pay period in July 2018, and concurrent with all members paying an
additional one percent (1%) towards PERS retirement, for a total contribution of eleven percent
(11%), employees shall receive a point seventy-five percent (0.75%) base wage increase.
Effective the first full pay period in July 2018, for employees defined as "classic" this shall mean
that the one percent (1%) is added to the current ten percent (10%) employee contribution, for a
total of eleven percent (11%). Employees subject to the PEPRA formula shall also pay an
additional one percent (1%) in addition to their current contribution for a total of 10.25% (6.25%
which is subject to change by CalPERS).
Classification and Compensation Study:
Following establishment of comparator agencies, the parties shall engage in a classification and
compensation study for benchmarked classifications represented by AFSCME. Both parties agree
to work jointly to update job descriptions, with the goal of completion and approval by the Council
by January 1, 2020. The compensation study will be completed prior to commencement of
negotiations for a successor MOU to this Agreement. The parties agree that the completion of the
study in no way obligates the City to a pre -determined level of pay. Rather the City and the Union
agree that review of compensation and benefits packages of comparator agencies is a valuable
exercise when developing salary and benefits recommendations for Petaluma employees. The
compensation piece of the study will use a total compensation model and will examine various
items across comparator agencies and the City, including but not limited to top step salary, PERs
formula, and LTD Insurance.
6.2 Salary — Permanent Transfer to A New Classification
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. If the next higher rate is
less than four percent (4%) above the employee's current hourly rate, the employee shall be placed
at the next higher step that provides at least a four percent (4%) increase.
6.3 Salary — Transfer to a Lower Classification
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
classification he/she shall receive the lower rate of pay, effective the first day assigned to that
classification.
6.4 Salary — Transfer or Promotion Entitlement to Retreat
An employee who transfers or promotes to another City position shall, for a period of six (6)
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.
6.5 Temporary Assignment Pay
Employees assigned to perform higher level tasks outside his/her classification shall be
compensated at an additional five -percent (5%) on an hour -per -hour basis when such work is being
Resolution No. 2018-098 N.C.S. Page 59
performed. Employees who are asked to perform such higher level duties are eligible for premium
pay when the following conditions are met:
(A) The employee must have been assigned the work by either the employee's supervising
manager or department director.
(B) If the member thinks an assignment is "out -of -class", it is the responsibility of the
employee to inform the person assigning the duty prior to engaging in the assignment.
(C) If the employee and person assigning the work disagreethat the work should be
compensated as "out -of -class," the employee shall initiate the work assigned and may
resolve the issue through the grievance procedure.
It is the responsibility of the employee to inform the person assigning out -of -class work when such
work is finished.
An employee holding a classified position may temporarily be assigned significantly all of the
duties of another position in a higher classification for a period not to exceed ninety (90)
calendar days during any fiscal year.
(A) The employee so assigned shall receive either the next higher step in the classification to
which he/she is assigned or a five percent (5%) increase, whichever is greater.
(B) Compensation for vacation, sick leave, and holidays as described in this section shall be
computed at the employee's hourly rate on the effective date of termination
6.6 Termination Pay — Employee's Hourly Rate
Compensation for vacation, sick leave, and holidays as described in this section shall be computed
at the employee's hourly rate on the effective date of termination.
SECTION 7 — SPECIAL COMPENSATION
7.1 Special Compensation — Smoking Cessation Plan
The City agrees to provide any employee of the Unit up to fifty dollars ($50.00) for completion of
a smoking cessation program, upon receipt of the certificate of completion.
7.2 Special Compensation — Uniform Allowance
The City will provide Uniform Allowance for Animal Control Officers in the amount of five -
hundred -twenty dollars ($520.00) per year, pro -rated at twenty dollars ($20.00) per paycheck.
7.3 Special Compensation — Work Boots
The City shall pay the cost of all work boots up to two -hundred fifty dollars ($250.00) per fiscal
year. Replacement of work boots shall be on an as -needed basis with approval of the department
director. Receipts for work boot reimbursement shall be submitted to Human Resources for
processing.
7.4 Special Compensation — Bilingualay — Spanish
Eligible employees who are certified for bilingual proficiency in Spanish in accordance with the
City's Bilingual Testing and Certification policy shall receive two hundred dollars ($200.00) for
Resolution No. 2018-098 N.C.S. Page 60
certification at a high level proficiency or verbally fluent or one hundred dollars ($100.00) for
certification at an acceptable level proficiency or conversational.
SECTION 8 — ALTERNATE WORK WEEK AND OVERTIME
8.1 Alternate Work Schedule
The City agrees to consider reasonable alternate work week programs proposed by the Union.
Such proposals (e.g. four (4) day work week, flex scheduling, 9/80, job sharing) may be considered
on a case-by-case basis by the City. However, the decision as to whether and when, if at all, to
implement such alternate programs, the operation of such programs, and the ability to modify
and/or terminate such programs, is left exclusively with the City.
8.2 Alternate Work Week — Overtime
Employees who are working an alternative work week of forty (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's alternative work week policy. For example, for an employee assigned to a 9/80
schedule, overtime shall be calculated after the ninth hour worked in one day or after forty hours
worked in a work week; for an employee assigned to a 4/10 schedule, overtime shall be calculated
after the tenth hour worked in one day or after forty hours worked in a work week.
8.3 Overtime — Missed Meal Period
If an employee is required to work more than six (6) consecutive hours without a meal period
during a regular work shift, the employee shall be paid at the rate of time and one-half (1.5) for
all time worked in excess of six (6) hours until such time as the employee receives a meal period.
Such pay shall be provided only if the employee has informed his/her supervisor of the need to
continue work beyond six hours without a meal period and the supervisor has granted permission
for the employee to do so. If emergency circumstances preclude the employee from seeking prior
approval from his/her supervisor, the employee shall inform his/her supervisor as soon as the
employee is able to do so safely.
8.4 Overtime — Compensation Rate
Except as otherwise noted in Section 8.2 above, all hours worked in excess of eight (8) hours in
any one day or in excess of forty (40) hours in any work week shall be paid for at the overtime
rate which shall be one and one-half (1.5) times the regular straight time hourly rate of pay.
Overtime shall not be pyramided or compounded.
8.5 Overtime — Assignment of
Overtime shall be distributed as equitably as possible, without favoritism, and in the best interests
of the City among the employees of the department who are qualified to perform and who have
demonstrated the ability to perform overtime services efficiently.
8.6 Overtime — Twenty -Four (24) Hour Notice
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 to give advance
notice, an employee will be expected to work.
8.7 Overtime — Holiday Schedule
An employee required to work a paid holiday shall receive, in addition to the eight (8) hours
holiday pay, further compensation at the overtime rate for the actual holiday worked.
Resolution No. 2018-098 N.C.S. Page 61
8.8 Rest Periods
Whenever practical, employees who for any reason work beyond his/her 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.
8.9 Meal Period — Duty Free
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.
8.10 Meals — Non -Duty Free
The City shall pay ten dollars ($10.00) 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 callout after
having left the City premises shall receive the ten dollar ($10.00) meal payment.
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 extended 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.
SECTION 9 — COMPENSATORY TIME
9.1 Compensatory Time Off — City Choice
Employees may accrue compensatory time in lieu of being paid for overtime. Employees may
accrue up to a total of two -hundred -forty (240) hours of compensatory time per fiscal year.
Employees may retain no more than two -hundred -forty (240) hours of compensatory time on the
books at any given time. Compensatory time shall be taken at a mutually agreeable time between
the employee and the City, subject to the operational requirements of the City. Employees may
take up to five (5) days of compensatory time off at a mutually agreeable time between the
employee and the City subject to the operational requirements of the City. Compensatory time in
excess of the two -hundred -forty (240) hour limit shall be paid at one and one-half (1.5) times the
regular rate of pay.
9.2 Compensatory Time Payment
All accumulated compensation time, but for eighty (80) hours, will be paid to the employee by the
City on the first paycheck in October.
An employee may submit a request to the City Manager to cash out compensatory time if an
employee faces an unforeseen financial hardship, such as significant medical expenses due to a
serious illness or injury, or serious property damage caused by an act of nature (severe storm,
earthquake). The City Manager shall respond to such request within eight (8) business days. The
decision of the City Manager shall be final.
9.3 Compensatory Time Payments — Separation from City of Petaluma
Employees separated from City of Petaluma service shall receive a lump sum payment for all
accumulated, unused compensatory time.
Resolution No. 2018-098 N.C.S. Page 62
SECTION 10 — CALLBACK AND STANDBY
10.1 Callback
An employee who is called back to work after having completed his/her regular shift and left the
City 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 8.4 (Overtime) listed above, he/she shall not be paid overtime premium under the callback
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 his/her
regular shift begins.
10.2 Standby— Defined
When an employee is assigned standby, the employee must be ready to respond as soon as possible,
be reachable by telephone or pager, be able to report to work in a reasonable amount of time, and
refrain from activities which might impair his/her ability to perform assigned duties.
Standby assignments shall be rotated as equitably as possible among employees with consideration
given for the qualification and ability of an employee to perform the work. When possible, standby
assignments shall be distributed on a voluntary basis to qualified employees. An employee shall
be required to be on standby assignment when it is determined by the City that such assignment is
essential to the continuing efficient operation of the City or in an emergency.
An employee assigned standby shall be compensated at the rate of eighteen percent (18%) per hour
of his/her regular hourly rate for every hour the employee actually stands by.
No employee shall be paid for Standby duty time and other compensable duty time simultaneously.
Time actually worked while on Standby duty will be compensated at the employee's hourly rate
of pay times one and one-half (1.5).
10.3 Standby — Weekend/Holiday
A minimum of one (1) hour at time and one-half (1.5) shall be paid by the City for every call or
assignment required. If an employee receives more than one call within a one hour period, the
employee will be compensated for a minimum of one hour, or time actually worked, whichever is
greater.
10.4 Standby — Water Recycling Plant Operator III and Water Recycling Plant Lead Operator
A Water Recycling Plant Operator on standby must be able to respond at the plant within one (1)
hour of being called.
10.5 Standby — Assignment to Check Computer
A Water Recycling Plant Operator on standby shall: Check the computer two (2) times between
the hours of departure from the plant and 10:00 pm.
10.6 Standby -phone or Electronic Consultation
Telephone or Electronic consultation applies to Water Recycling Plant employees available to
work, who are called during their non -work hours. Telephone or electronic consultation begins
once the employee is called from a person or the computer and responds with technical
assistance and provides information or alarm response to resolve an urgent facility or process
problem.
Resolution No. 2018-098 N.C.S. Page 63
Employees who are called and provide consultation shall be paid at minimum of one hour
straight pay. If the problem cannot be resolved by the telephone consultation, then Callback
section 10.1 of the MOU shall be applied, if applicable.
10.7 Standby — Does not apply
Section 10.3 does not apply to Water Recycling Plant employees on standby called for a telephone
or electronic consultation.
SECTION 11— PREMIUM PAY
11.1 Premium Pay — Arborist Duties
When asked to perform arborist duties having to do with the tree removal permit process,
sidewalk repair and replacement, development plan review, tree issues or evaluations related to
development, Heritage Tree Ordinance issues and evaluation, tree planting and pruning projects,
including planning, design, specifications, implementation, supervision and inspection, an
employee shall receive Arborist Premium Pay Differential of one and one-half (1.5) times
regular base pay for all time performing such work. An employee must possess an International
Society of Arboriculture (ISA) Arborist Certification to perform arborist duties. The City retains
the right to consult with an outside consultation service.
11.2 Premium Pay — Heating Ventilation/Air Conditioning/Refrigerant
When asked to perform duties involving work on the Heating Ventilation/Air Conditioning
(HVAC) systems beyond maintenance such as compressor replacement, electrical controls,
pneumatic systems or duties of repair and replace and when asked to perform duties involving the
handling of refrigerants including the purchasing, handling or recycling an employee shall receive
HVAC/Refrigerant Premium Pay Differential of one and one-half time regular base pay for all
time perform such work. An employee must possess a HVAC, C-10 California Contractors License
and Refrigerant Recovery Certificate. The City retains the right to contract out for services.
11.3 Premium Pay — Animal Control Officer Field Training
When designated by the Animal Services Manager to perform Animal Control Officer Field
Training for an assigned newly hired Animal Control Officer, the approved Aminal Control
Officer shall receive five (5%) percent above his/her regular base pay. Field training pertains only
to those duties directly related to the training of a newly hired Animal Control Officer.
SECTION 12 — HOLIDAYS
12.1 Holidays — Fixed Holidays
The City shall observe twelve (12) fixed -date holidays. These holidays shall be established for the
City's fiscal year as determined by City Council resolution.
The holidays for calendar years 2018, 2019, and 2020 are as follows;
Independence Day
Labor Day
Columbus Day
Veterans' Day
Thanksgiving Day
Day after Thanksgiving
Christmas Eve
Resolution No. 2018-098 N.C.S. Page 64
Christmas Day
New Year's Day
Martin Luther King Day
Presidents' Day
Memorial Day
When a holiday falls on a Saturday, that holiday will be observed on the prior Friday. When a
holiday falls on a Sunday, that holiday will be observed on the following Monday. Should this
conflict with a Friday or Monday designated holiday, the Friday or Monday holiday will occur on
the preceding Thursday or following Tuesday.
Observance by an employee of a designated religious event may be granted, if practical, with at
least seven (7) days prior approval required for such leave, under the following methods:
(A) Time charged to accrued vacation allowance; or
(B) Time off without pay
Holidays currently provided in the MOU will be based on the employee's regular work shift. For
example, if an employee works a 4/10 schedule, s/he shall receive 10 hours of holiday pay for
the holiday. If an employee works a 9/80 schedule, s/he shall receive 9 hours of holiday pay for
the holiday. If an employee works a 5/8 (five days per week, 8 hours per day) schedule, s/he
shall receive 8 hours of holiday pay for the holiday. The same shall be true for any employee
whose regular work week is fewer than 40 hours per week, except that no such employee shall
receive more than eight (8) hours of pay for the holiday.
12.2 Holidays — Floating Holidays
During the fiscal year, the City will authorize one (1) "Floating Holiday" per employee, which
may be taken by the employee at a time selected by the employee, subject to operational
requirements and approval determined by the City. Employees hired between July 1, and
December 31, will be eligible for a "Floating Holiday" during the course of the fiscal year.
12.3 Holidays — Bonus Holiday
The City and the Union agree that for the two (2) year term of this MOU an employee, who does
not use any sick leave during the period between July 1st and June 30'h, will be awarded one (1)
bonus holiday the following fiscal year.
SECTION 13 — VACATION
MISC Employees Years of Service
Vacation Accrual (hrs)
Accrual Limit (hrs)
Unit 2 0-4
80
160
5-9
120
240
10
128
256
11
136
272
12
144
288
13
152
304
14
160
320
15
168
336
16
176
352
17
184
368
Resolution No. 2018-098 N.C.S. Page 65
MISC Employees
Years of Service
Vacation Accrual (hrs)
Accrual Limit (hrs)
18
192
384
19 or greater
200
400
13.1 Vacation — Accrual
All regular employees of the City, after working one (1) 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, after five (5) years of continuous service with the City, and
beginning with the sixth (6th) year, shall be entitled to the equivalent of one -hundred -twenty (120)
hours of vacation per year. After ten (10) years of continuous service with the City, eight (8) hours
of vacation shall be added for each year of continuous service to a maximum of two- hundred
(200) hours of vacation.
Vacation time shall not be accumulated in excess of two (2) years.
13.2 Vacation — Scheduling
The times during a calendar year in which an employee may take his/her vacation shall be
determined by the department director 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.
13.3 Vacation — Deferral
Any eligible employee with the consent of the department director may defer his/her annual
vacation to the succeeding calendar year subject to other provisions of this rule. In the event one
(1) or more municipal holidays fall within an annual vacation leave, such holidays shall not be
charged as vacation leave, and vacation leave shall be extended accordingly.
13.4 Vacation — Usage
A newly hired City employee may begin to use accrued vacation during his/her probationary
period in the first three (3) months of employment with approval of the City Manager, and as
approved by the employee's supervisor thereafter.
13.5 Vacation — Payment Upon Termination
Employees who leave City 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 14 — LEAVES — SICK LEAVE
14.1 Sick Leave — Eli ig bility
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. 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, or as determined by law. No sick leave shall
be payable for any injury or absence which results or occurs as follows:
Resolution No, 2018-098 N.C.S. Page 66
(A) Participating in any criminal act;
(B) Working for an employer other than the City.
Neither shall any sick leave be payable;
(A) During a vacation except when hospitalized or in equivalent confinement; or
(B) During a layoff, leave of absence, or disciplinary layoff.
All hours of sick leave accrued and all hours of absence, whether or not paid, shall be recorded.
To the extent necessary to implement this section, such records may be inspected by an individual
employee and/or authorized Union representative.
14.2 Sick Leave — Accrual
(A) Sick leave shall accrue to all full-time employees at the rate of one (1) day eight (8) hours
for each month of continuous service. No employee shall accumulate more sick leave in
any year than is provided.
(B) Sick leave shall continue to accrue while an employee is on vacation, sick leave, or job -
connected injury leave.
(C) No employee shall be eligible for sick leave before it accrues.
(D) Employees serving his/her probationary period may take up to one (1) day sick leave with
pay for each month worked. Employees hired on or before the fourteenth (14th) of the
calendar month shall be credited with one (1) day of sick leave at the end of that month.
Employees hired on or after the fifteenth (15th) of the calendar month shall not be credited
with any sick leave for that calendar month.
(E) For the purpose of charging sick leave, the minimum sick leave chargeable will be one (1)
working hour.
14.3 Sick Leave — General
(A) On taking sick leave time, the employee must notify his/her department director either prior
to, or within thirty (30) minutes after, the time set for beginning his/her daily duties.
(B) 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.
(C) When an employee is absent for more than three (3) consecutive days, the department
director may require a doctor's certificate for such sick leave absence.
(D) 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
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abuse still continues, the supervisor may initiate a suspension and/or dismissal action
through the procedure outlined in the Personnel Rules and Regulations.
(E) 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 21.
(F) Upon the expiration of a leave of absence quoted under section 21, 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.
(G) The City Manager may revoke pay and sick leave time if the employee is not 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.
(H) No penalties shall be imposed on employees for taking justifiable sick leave to which the
employee is eligible.
14.4 Sick Leave — Transfer
Employees wishing to donate hours of sick leave to another employee may voluntarily do so by
sending approval by his/her department director to the Human Resources office, naming the
individual to receive the sick leave and the amount donated, with the following restrictions:
(A) Employees who wish to transfer sick leave must retain a minimum of one -hundred -sixty
(160) hours sick leave.
(B) Transfer amounts shall be limited to the number of actual hours needed and used by the
recipient.
(C) Any donated sick leave hours unused by a recipient shall be returned to the donor.
(D) The employee receiving the sick leave transfer must have zero (0) hours of accrued sick
leave, vacation, and accrued compensatory time.
(E) Employees may not buy or sell sick leave, only the time may be transferred.
(F) Employees may not transfer sick leave upon separation of service.
(G) Transfers shall only be allowed between all Units.
14.5 Sick Leave — Retirement 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 (50%) percent 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.
Resolution No. 2018-098 N.C.S. Page 68
SECTION 15 — LEAVES - INDUSTRIAL INJURY LEAVE
15.1 Industrial Injury Leave — Workers' Compensation
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 on -hundred -sixty (160) hours of absence for industrial disability, the City will pay employees
an amount which when added to his/her Workers' Compensation benefit will equal his/her 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
(160) hours, equating to forty (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 35 -Long Term Disability). The City
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 payment for salary at no loss of sick leave, vacation, or compensatory time. 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.
15.2 Industrial Injury Leave — Determination of Industrial Disability Leave
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 (40) hours 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.
15.3 Industrial Injury Leave — Notice and Proof of Industrial Disability
No industrial disability leave shall be permitted unless the employee's supervisor 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.
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 as follows:
(A) 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's physician.
(B) The amount of time lost from work in hours because of the disability.
(C) The name of the individual to whom notification of the accident was given or the reason
notice was not given.
(D) A release from an approved physician stating that the employee has recovered and is
capable of returning to work.
Resolution No. 2018-098 N.C.S. Page 69
(E) 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.
(F) Arbitrary failure or refusal to follow accepted medical practice in treating a disability shall
be reason for discontinuing or withholding industrial disability income.
SECTION 16 — LEAVES — BEREAVEMENT LEAVE
An employee shall be granted up to thirty-two (32) hours of bereavement leave in the event of
death in the employee's immediate family. For the purpose of bereavement leave, immediate
family shall mean spouse, qualified domestic partner, father, father-in-law, mother, mother-in-law,
brother, brother-in-law, sister, sister-in-law, child (including stepchildren), stepparents,
grandparents and grandchildren or person with whom the employee has a relationship in loco
parentis. Up to an additional eight (8) hours of accrued sick leave may be granted to supplement
bereavement leave.
In the event an employee must travel more than three -hundred (300) miles to attend a funeral or
memorial service, an additional eight (8) hours of bereavement leave shall be granted instead of
the use of eight (8) hours of sick leave.
SECTION 17 — LEAVES — VICTIMS OF DOMESTIC VIOLENCE AND
SEXUAL ASSAULT LEAVE
California Labor Code 230 and 230.1 allows use of such leave for Victims of Domestic Violence
for any of the following: to seek medical attention for related injuries; to obtain services from a
domestic violence shelter, program or rape crisis center; to obtain psychological counseling; or to
participate in safety planning. Certification of need may be required in the form of a police report,
protection order, and documentation from court or from a medical professional, domestic violence
advocate or counselor.
The City of Petaluma provides appropriate leave, in accordance with California Labor Code
Section 230.
SECTION 18 — LEAVES — MILITARY LEAVE
The City of Petaluma shall grant military leave benefits to eligible employees in accordance with
California's Military Leave Laws found in Military & Veteran's Code 389 et seq., the Federal
Uniformed Services Employment and Re -Employment Rights Act (USERRA), found at 389
U.S.C. 4301 et seq., and the City of Petaluma Resolution No. 2004-200 N.C.S. Employees in the
Ready Reserves of the Armed Forces who are ordered to active military duty or training under
Executive Order 13223, shall have continued benefits in effect throughout his/her active duty
training for a period of three- hundred sixty-five (365) calendar days or until the date of discharge
from military service, whichever occurs first, unless this policy is changed by action of the City
Council.
Resolution No. 2018-098 N.C.S. Page 70
SECTION 19 — LEAVES — ELECTION OFFICER LEAVE AND VOTING LEAVE
When an employee's actual work schedule otherwise would prevent the employee from voting in
any State, County, or General election, the employee may be granted up to two (2) hours of paid
time to vote, in accordance with Election Code 14000. The employee must provide the City with
at least two (2) working days' notice that he/she will be taking time off to vote.
SECTION 20 — LEAVES — SCHOOL VISITATION LEAVE
An employee may take up to forty (40) hours off in a year to participate in his/her child's school
activities, in accordance with California Labor Code Section 230.8.
SECTION 21— LEAVES — LEAVE OF ABSENCE WITHOUT PAY
21.1 Leave — Method of Requesting Leaves of Absence Without Pay
An employee who desires a leave of absence from work without pay shall file a written request
with the department director on forms provided by the Human Resources office, 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 director may grant or deny such leave for a period
not to exceed three (3) work days. Request for additional leave must be submitted in the same
manner to the City Manager.
21.2 Leave — General Conditions
During a leave of absence without pay, an employee will not accrue vacation nor be eligible for
any payments for time off work as provided by this MOU.
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.
During a leave of absence, both the City'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.
21.3 Leave — Personal Leave
An employee for personal reasons may be granted a leave of absence without pay by the City 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 MOU.
21.4 Leave — Medical Leave
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 (1) calendar month or less.
Resolution No. 2018-098 N.C.S. Page 71
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. 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 physician's prognosis and report is equivocal, the City may
request its physician to submit his/her independent report.
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.
The City, 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.
SECTION 22 — LEAVES — JURY DUTY LEAVE
Any employee summoned for jury duty shall be entitled to a leave of absence with full pay for
such period of time as may be required to attend the court in response to such summons. Any
employee may retain payment for travel, but shall make payable to the City any and all fees which
the employee may receive in payment for service as a juror. For Grand Juries, this compensation
shall not extend beyond twenty (20) working days.
For the purposes of this section, time served as a juror or as a witness, compelled to appear on
behalf of the City 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 during one twenty-four (24) hour period.
SECTION 23 — FAMILY CARE AND MEDICAL LEAVE (FMLA & CFRA)
23.1 FMLA and/or CFRA Leave
The City shall provide family and medical care leave for eligible employees as required by City
policy, state and federal law and as specifically provided in the Federal Family and Medical Leave
Act of 1993 (FMLA) and the California Family Rights Act of 1993 (CFRA). If possible, employees
must provide thirty (30) days advance notice of leave.
23.2 FMLA and/or CFRA — Second Opinion
The employee shall provide the City with a health care provider certification. The City, at City
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 City expense shall be sought.
Resolution No. 2018-098 N.C.S. Page 72
SECTION 24 — LEAVES — PREGNANCY DISABILITY LEAVE
The City shall provide pregnancy disability leave (PDL) for eligible employees as required by City
policy and applicable state law and as specifically provided in the Fair Employment and Housing
Act and the Family Medical Leave Act. If possible, employees must provide thirty (30) days
advance notice of leave.
SECTION 25 — DISCRIMINATION, HARASSMENT & RETALIATION PROHIBITED
The City and its employees are prohibited from discriminating against an applicant or employee
because the employee is in a "protected class" (based on age, race, 'etc.) in taking any personnel
actions (such as hiring, promotion, discipline, etc.) Employees are prohibited from harassing
any employees due to race, sex, age, etc. The City and its employees are prohibited from
retaliating against an employee because the employee has filed a complaint of discrimination or
harassment or opposed actions by other employees that constituted discrimination or harassment.
SECTION 26 — REASONABLE ACCOMMODATION
In accordance with the California Fair Employment and House Act (FEHA) and the Americans
with Disability Act (ADA), the City will reasonably accommodate any known protected disability
of an employee.
SECTION 27 — CALIFORNIA PUBLIC EMPLOYEES' RETIREMENT SYSTEM
The Union and the City have reached agreement on establishing a different level of benefits (two-
tiered retirement) for newly hired Miscellaneous employees. Effective upon agreement with the
City's other Miscellaneous bargaining units; the City shall amend its contract with CalPERS. The
amended contract shall provide that Miscellaneous employees hired after the effective date of the
amendment shall receive 2% at 60 formula retirement plan and the three-year final average
compensation; instead of the current benefit of 2% at 55 formula retirement plan and one-year
final average compensation.
The establishment of this second tier of benefits shall not affect the benefits currently in effect for
employees hired prior to the effective date of the CalPERS contract amendment.
The City provides Miscellaneous employees with the two percent (2%) at fifty-five (55) formula
retirement plan. The City's contract with CalPERS includes the following optional benefits:
• Third Level - 1959 Survivor's Benefit as provided in Section 21573 (April 5, 1999).
• Military Service Credit as provided in Section 21024 (January 1, 1992).
• One -Year Final Compensation as provided Section 20042 (November 1, 1980).
• Credit for Unused Sick Leave as provided in Section 20965 (November 1, 1980).
• Cost of Living Allowance two percent (2%) as provided by Section 21329 (April 1, 1971).
• Retired Death Benefit of five -hundred dollars ($500.00) as provided in Section 21620
(December 1, 1969).
• Death Benefit Continues as provided in Section 21551 (January 1, 2000).
• Prior Service Credit as provided in Section 20055 (January 1, 1950).
Resolution No. 2018-098 N.C.S. Page 73
The City shall continue to defer that portion of the employee's contribution paid to Ca1PERS
through section 414(h)(2) of the Internal Revenue Code pursuant to City of Petaluma Resolution
90-363 N.C.S.
SECTION 28 — HEALTH BENEFITS — ACTIVE EMPLOYEES
28.1 Active Employees — PEMHCA Contribution
The City currently provides health benefits through the California Public Employees' Retirement
System (Ca1PERS) Health Benefits Program under the Public Employees' Medical and Hospital
Care Act (PEMHCA). The City's employer contribution for each employee's health benefits shall be
the minimum required by PEMHCA. The City pays this contribution directly to CAPERS. This
amount is established annually by PERS and is the minimum amount the agency must pay on behalf
of the employee for medical insurance. It is separate and apart from the annual health insurance rates
and the additional contribution noted in Section 28.2 Additional Contribution — Effective January 1,
2018.
28.2 Additional Contribution — Effective January 1, 2018
The amount of the City's additional contribution for current employees and their covered family
members shall be $614.52 for employee only, $1,355.38 for employee plus one, and $1,799.91 for
employee plus two or more. These amounts do not include the City PEMCHA contribution identified
in Section 28.1 Active Employees — PEMHCA Contribution. The City's additional contribution shall
not exceed these amounts unless and until a different amount is negotiated by the parties.
Coverage
2018 Health Rates
PENIIICA
2018 Health Rate
City's Benefit
Total 2018 City's
Employee
(Based on 2018 Kaiser
Contribution
Less the PENIHCA
Contribution of
Contribution Rate
Contribution
Permanente Rates)
(Added to the City's
Contribution
95%
KAISER
Benefit Contribution)
Employee only
$779.86
$133.00
$646.86
$614.52
$747.52
$32.34
Employee +l
$1,559.72
$133.00
$1,426.72
$1,355.38
$1,488.38
$71.34
Employee +2or
$2,027.64
$133.00
$1,799.91
$1,932.91
$94.73
more
$1,894.64
For example, the 2018 Kaiser health rate for an employee electing employee only coverage is
$779.86. The PEMHCA contribution ($133.00) is subtracted from the 2018 Kaiser health rate
($779.86) to attain the 2018 health rate less the PEMHCA contribution ($646.86). The 2018 health
rate less the PEMHCA contribution ($646.86) times ninety-five percent (95%) equals the City's
benefit contribution of 95% ($614.52). The PEMHCA contribution ($133.00) is added to the City's
benefit contribution of 95% ($614.52) to attain the total 2018 City's contribution rate ($747.52).
The total 2018 City's contribution rate ($747.52) is subtracted from the 2018 Kaiser health rate of
$779.86 to attain the monthly employee contribution rate of $32.34.
28.3 Additional Contribution — Effective January 1, 2019
The 2019 Ca1PERS premium for Kaiser — Bay Area is unknown. The required 2019 PEMHCA
contribution is one -hundred -thirty-six dollars ($136.00). Effective January 1, 2019, the City shall
pay the additional benefit that depends upon the actual percentage increase in the Kaiser — Bay
Area premium.
Resolution No. 2018-098 N.C.S. Page 74
The City's benefit contribution for 2019 shall be equal to the actual 2019 CalPERS Health premium
for Kaiser — Bay Area, less the City's PEMHCA contribution, times ninety-five percent (95%) for
current employees and their covered family members.
28.4 Additional Contribution — Effective January 1, 2020
The 2020 CalPERS premium for Kaiser — Bay Area and required 2020 PEMHCA contribution are
unknown. Effective January 1, 2020, the City shall pay the additional benefit that depends upon the
actual percentage increase in the Kaiser — Bay Area premium.
The City's benefit contribution for 2020 shall be equal to the actual 2020 CalPERS Health premium
for Kaiser — Bay Area, less the City's PEMHCA contribution, times ninety-five percent (95%) for
current employees and their covered family members.
28.5 Employee Contribution
Employees shall contribute to his/her CalPERS Health Premium in the amounts less the City's
PEMHCA contribution and less the additional benefit dollar paid by the City.
SECTION 29 — HEALTH BENEFITS — RETIRED EMPLOYEES
29.1 Retired Employees — CalPERS and the PEMHCA
The City currently provides health benefits through the California Public Employees' Retirement
System (CalPERS) Health Benefits Program under the Public Employees' Medical and Hospital Care
Act (PEMHCA). In order to be eligible to receive health benefits through CalPERS upon retirement,
a City of Petaluma employee must meet the following definition of "annuitant" under CalPERS law:
(A) employee must be a member of CalPERS; and
(B) employee must retire within one -hundred -twenty (120) days of separation from employment
with the City of Petaluma and receive a monthly retirement allowance from CalPERS.
29.2 "Unequal Contribution" Method for Health Care Premium Payments for Retirees
The City uses the "unequal contribution" method for health care premium payments for annuitants
(retirees), as permitted under Goveriunent Code section 22892. Under this method, the City is required
annually to increase the total monthly annuitant health care contribution to equal an amount not less
than the number of years the City has been in the PEMHCA program multiplied by five percent (5%)
of the current monthly employer contribution for active employees until the time the City's
contribution for annuitants equals the City's PEMHCA contribution paid for active employees.
By way of explanation, for calendar year 2012, the formula for determining the City's PEMHCA
contribution for retirees is as follows: 18 years in the PEMHCA program x 5% = 90% x $112.00
(minimum employer contribution for active employees for 2012) _ $100.80
For calendar year 2013, the formula for determining the City's PEMHCA contribution for retirees is
as follows: 19 years in the PEMHCA program x 5% = 95% x $115.00 (minimum employer
contribution for active employees for 2013) _ $109.25
Effective calendar year 2014, the "unequal contribution" method for health care premium payments
for annuitants (retirees) will be at the twenty year marls. Thus, the City's contribution for the PEMHCA
program will be at 100% (5% x 20 years). Therefore the monthly employer contribution for annuitants
is the required minimum PEMHCA contribution.
Resolution No. 2018-098 N.C.S. Page 75
The City pays this contribution directly to CalPERS. The retiree is required to contribute to the cost
of the health benefit coverage. The retiree's monthly contribution shall be the cost of the monthly
health benefit premium less the amount of the City's contribution.
29.3 CalPERS Annuitant — PEMHCA Health Benefits
In accordance with the PEMHCA provisions, if an employee is a CalPERS annuitant as defined in
Section 29.1 and receives health benefits under the PEMHCA, the employee is eligible to receive
the City's PEMHCA contribution amount specified in Section 29.5 below, regardless of the
number of years of service with the City of Petaluma.
29.4 Less Than 20 Years of Service —Not Receiving PEMHCA Health Benefits
An employee with less than twenty (20) years of service with the City of Petaluma who is not
enrolled in the CalPERS health benefit program does not receive any retiree benefit from the City.
29.5 Less Than 20 Years of Service — Receiving PEMHCA Health Benefits
An employee with less than twenty (20) years of service with the City of Petaluma who is a CalPERS
annuitant as defined in Section 29.1 and enrolled in the CalPERS health benefit program is eligible to
receive the City's PEMHCA contribution amount according to the following schedule:
Calendar
Year
City's Monthly PEMHCA contribution
2016
$125.00
2017
$128.00
2018
$133.00
2019
$136.00
2020
Minimum PEMHCA contribution as set by CalPERS
The City's PEMHCA contribution amount is deducted from the retiree's monthly health premium
and paid to CalPERS directly by the City.
29.6 20 Years or More of Service — Not Receiving PEMHCA Health Benefits
An employee with twenty (20) or more years of service with the City of Petaluma who is not
enrolled in the CalPERS health benefits program shall receive direct payments in the amount of
one -hundred -forty dollars ($140.00) each month, effective the first month following the expiration
of health benefit coverage.
29.7 20 Years or More of Service — Receiving PEMHCA Health Benefits
An employee with twenty (20) years or more of service with the City of Petaluma who is a
CalPERS annuitant as defined in Section 29.1 and enrolled in the CalPERS health benefit program
shall receive a benefit payment of one -hundred -forty dollars ($140.00) per month as specified in this
section. The City's cash retiree benefit is sent directly to the retiree.
Resolution No. 2018-098 N.C.S. Page 76
Calendar
City PEMHCA
City Cash Retiree Benefit
Total Benefit
Year
contribution
Amount
2016
$125.00
$15.00
$140.00
2017
$128.00
$12.00
$140.00
2018
$133.00
$7.00
$140.00
2019
$136.00
$4.00
$140.00
2020
Minimum PEMHCA
Total benefit amount of $140.00
$140.00
contribution as set by
minus the City monthly PEMHCA
Ca1PERS
contribution.
It is responsibility of the retiree to notify the City in writing if he/she is no longer participating in the
CalPERS health benefit program. Following receipt of the written notice, the City will commence
direct payment of the one -hundred -forty dollars ($140.00) at the beginning of the following month.
SECTION 30 — CASH IN -LIEU OF HEALTH AND DENTAL BENEFITS
Employees with health and/or dental benefit insurance coverage from a source other than the City,
or employees with health and dental benefit insurance coverage from a City employee, may request
cash in -lieu of health and dental benefits. To be eligible for the cash in -lieu benefit program,
employees must waive his/her coverage under the City's health and/or dental benefits, agree to the
terms and conditions of the cash in -lieu benefit program and have written verification of health
and/or dental benefits insurance.
The cash in -lieu amount for health coverage shall be in the amount of fifty (50%) percent of the
health insurance premium amount of the Ca1PERS Kaiser -Bay -Area that the City would otherwise
pay for the employee and his/her family members. The cash in -lieu amount for dental insurance
benefits shall be in the amount of fifty (50%) percent of the established dental program composite
rate.
Upon declining medical and/or dental insurance, the employee will be required to meet the terms
and conditions regarding the City's medical and/or dental plan. If an employee decides to stop
receiving the medical/dental cash back and wishes to re -enroll into the City's medical and/or dental
plan, then he/she must meet the current terms and conditions of the City's medical and/or dental
plan. The City cannot guarantee that once the employee leaves a particular medical and/or dental
plan, he/she may be able to re -enroll in his/her prior plan and under the same terms and conditions
of his/her prior plan.
Employees hired on or after 10/10/16
For new City employees hired on or after October 10, 2016, the cash in -lieu amount for health
benefits shall be $400.00. Employees hired on or after ratification and approval shall not be eligible
for cash -in lieu for dental benefits.
Upon declining medical insurance, the employee will be required to meet the terms and
conditions regarding the City's medical plan. If an employee decides to stop receiving the
medical cash back and wishes to enroll into the City's medical plan, then he/she must meet the
current terms and conditions of the City's medical plan.
Resolution No. 2018-098 N.C.S. Page 77
SECTION 31 SECTION 125 PLAN
The City of Petaluma has established and shall offer to eligible employees an Internal Revenue
Code (IRC) Section 125 plan. The Section 125 plan is subject to federal law and plan provisions.
The Section 125 Plan offered by the City provides employees with a tax savings through the
following programs:
(A) Pre -Tax Health Insurance Premiums:
This program allows employees to pay his/her share of health insurance premiums with
pre-tax dollars.
(B) Flex Spending Accounts (FSAs):
(1) Medical Reimbursement
This program permits employees to pay for common out-of-pocket medical
expenses (not covered by insurance) such as deductibles, co -pays, and vision and.
dental care with pre-tax dollars.
(2) Dependent Care Reimbursement
This program permits employees to pay for most child and/or dependent care
expenses with pre-tax dollars.
SECTION 32 — DENTAL INSURANCE
The City shall continue to provide dental coverage and pay the total premium costs for the
employee and eligible dependents for the term of the Memorandum of Understanding. The annual
maximum benefit amount is two thousand dollars ($2,000.00) per person. Orthodontic coverage
(for dependent children only) shall be provided at 50% of the dentist's allowed fee (subject to a
$2,000.00 lifetime maximum per dependent child). Dependent Children are eligible for dental and
orthodontic coverage from birth to age 26.
SECTION 33 — VISION INSURANCE
The City shall provide a vision plan for employees and eligible dependents. The cost shall be paid
for by the City. Employees are eligible for eye exams once a calendar year with a twenty-five
dollar ($25.00) copay. Frames are available once a calendar year with a maximum benefit of one -
hundred -eighty dollars ($180.00) and cosmetic contact lenses are available once a calendar year
with a maximum benefit of one -hundred -eighty dollars ($180.00).
SECTION 34 — LIFE INSURANCE
The City shall provide for a group term life insurance program for the City employees in this Unit.
The City shall pay, during the course of the MOU, the insurance cost towards employee only
coverage for such insurance in the principle sum of seventy-five thousand dollars ($75,000.00) per
employee.
SECTION 35 — DISABILITY INSURANCE
35.1 Short—Term Temporary Disability Benefit Program
The City has established and shall provide eligible employees with a short-term temporary
disability benefit program in accordance with administrative policy.
Resolution No. 2018-098 N.C.S. Page 78
35.2 Short -Term Disability Insurance — Voluntary
The City agrees that employees in this unit may, on a purely voluntary basis and at his/her own
expense, participate in a voluntary short-term disability insurance, as long as the number of
employees electing to participate in the program meets the minimum participation standards set
by the carrier.
35.3 Long -Term Disability Insurance
The City shall provide for a long-term disability plan, with the premium to be paid for by the City.
SECTION 36 — EMPLOYEE ASSISTANCE PROGRAM
The City will provide an Employee Assistance Program to employees and his/her immediate
families. This licensed counseling service will provide assistance and referrals for marriage and
family problems, alcohol and drug dependency, emotional, personal, and stress-related concerns
and other issues. All counseling services are confidential.
SECTION 37 — DEFERRED COMPENSATION
The City of Petaluma shall make available to employees a Deferred Compensation Plan.
SECTION 38 — CLASS B DRIVERS' LICENSE
38.1 Class B Requirement
It is the goal of the Union and the City to ensure that all employees are qualified to use the
equipment required for the job. In order to meet this goal, the City will provide the following
training for Class "B" licenses.
38.2 Class B —New Hires
All new hires, assigned to those positions listed below, will be required to have a Class "B" license.
38.3 Class B —Application
(A) The City will pay the cost of the initial medical exam and the application fee for the license.
(B) An on-site training will be provided prior to testing.
(C) Written training materials will be provided.
(D) The City will provide training videos regarding driving and safety checks.
(E) The City will provide a Department of Motor Vehicle approved certification process to
cover in- house personnel.
(F) As new equipment is brought on line that requires a Class "B" license, this procedure will
apply.
(G) The City will pay for one additional medical and/or driving practical test should a re-exam
be necessary.
(H) Renewal of licenses and associated fees will be paid by the City (i.e. - the difference
between the cost of the Class "B" and the general Class "C" license).
Resolution No. 2018-098 N.C.S. Page 79
38.4 Class B — Lap/Loss of Class B — Medical
For those individuals who are unable to meet the medical certification required for the equipment,
the following will apply:
(A) The City will evaluate the level of services able to be provided without the Class "B" and
see if the license requirement for the individual position can be waived.
(B) The City 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.
(C) For an employee who is currently in possession of a Class "B" license and is unable to
transfer to another position where the license is not required, the City will have the right to
reclassify the employee to a lower classification in a position that does not require the Class
"B" and "Y" rate the employee so assigned.
38.5 Class B Lap/Loss — Written/Practical
For those individuals who are unable to meet the certifications required for the written/practical
exam, the following will apply:
(A) The City will evaluate the level of services able to be provided without the Class "B" and
see if the individual position can be waived.
(B) The City may use the current language in the MOU to effectuate a transfer to a position
where the license is not required.
(C) If 1 or 2 is not achievable, the City and the Union will meet and explore other option on an
individual basis.
(D) Any dispute shall be resolved through the grievance procedure as set forth in Section 46 of
the MOU.
38.6 Class B — DOT Testing
This section will not apply to any disciplinary action that results from drug and alcohol testing as
required by City policy or by the Department of Transportation.
CLASS "B" Required
• Assistant Utility System Operator
• Equipment Maintenance Leadworker
• Equipment Mechanic
• Utility Service Worker I/II/III
• Utility Service Leadworker
Note: As new equipment is acquired, new classes or sections may be added.
Resolution No. 2018-098 N.C.S. Page 80
SECTION 39 — PROMOTIONS
39.1 Promotion — Application
Except for those positions not requiring written examinations, promotions in the City 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 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 from the same
manner as prescribed for original appointments. Whenever practical, vacancies shall be filled by
promotion. The rules covering promotional examination shall be the same as those governing
original entrance examinations.
39.2 Promotion —Notice of Examinations
Notice of examinations shall be printed and shall be posted on the official bulletin boards of the
City and may be advertised by any other means chosen by the Human Resources office. 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.
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.
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.
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 40 — TEMPORARY APPOINTMENTS
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 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.
Resolution No. 2018-098 N.C.S. Page 81
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 seriously hamper the success of
the City 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 41— TRANSFERS BETWEEN SECTIONS
Transfer Between Sections — Applications
The City Manager may authorize a change for an employee from one (1) 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.
(A) When an employee within his/her own classification and work section wishes to change
from one (1) shift to another shift, he/she shall file a request for transfer identifying the
shift he/she is in and the one (1) he/she chooses to transfer to and file it with the Human
Resources office.
(B) 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 Human
Resources office and shall be done only with the consent of both Department Directors
involved, unless such a transfer is ordered by the City Manager for purposes of economy
or efficiency.
(C) Any person transferred to a different position shall possess the minimum qualifications for
that position.
(D) 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 for a subsequent transfer or promotion during the six (6) month period following
his/her transfer or promotion.
(E) If the employee has filed more than one (1) request for transfer, only the most recent of
his/he requests will be considered by the City for making a transfer. Such transfers will be
considered only if the employee possesses the minimum qualifications for the position.
SECTION 42 — NEW OR CHANGED CLASSIFICATIONS
The City shall notify the Union staff representative and the president when proposing to abolish
or create a new bargaining unit position. In the event a new classification is established, the City
shall assign it to a pay grade based upon the work to be performed after comparison with other
classifications.
The City shall provide the Union staff representative and the president with a written classification
description of the new or changed classification, which shall describe the content sufficiently to
identify the classification.
Upon receipt of the City's description, the staff representative or the president of the Union, or his
designated representative, shall be afforded an opportunity to discuss the new or changed
Resolution No. 2018-098 N.C.S. Page 82
classification and meet and confer as provided by the MMBA regarding assignment to the pay
grade with the City Manager or his representative. If the Union does not request a meeting within
five (5) work days of the receipt of the City's recommendation, it shall be deemed to be approved
by the Union.
SECTION 43 — SENIORITY
43.1 Seniority pplication
In the event of any reduction in the work force, the City 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 section, the City 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.
In shift assignments, the City 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.
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 Human Resources office.
43.2 Seniority
The City shall prepare and maintain a seniority list, which shall show the names, classification
title, department, and seniority date of all employees. The Union shall be given two copies of the
list within thirty (30) calendar days after the date of this MOU, and thereafter a current list every
six (6) months.
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.
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 to the contrary in writing within five (5) days after a
list is given to the Union.
SECTION 44 — PROBATION
An employee is a probationary employee for his/her first six (6) months of employment in any
classification. In the event of a promotion of a permanent employee to a higher classification, the
Resolution No. 2018-098 N.C.S. Page 83
six (6) month probationary period in the higher classification will be reduced by one (1) day for
each two (2) 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.
No matter concerning the discipline, lay off or termination of a probationary employee shall be
subject to the grievance procedure.
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.
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 45 — DISCIPLINE PROCEDURE
45.1 Discipline — Methods
When an employee has not met standards of professional conduct the City of Petaluma may impose
the following types of discipline:
(A)
Verbal Counseling
(B)
Letters of Counseling
(C)
Corrective Written Action
(D)
Suspension Without Pay
(E)
Reduction in Pay
(F)
Demotion
(G)
Disciplinary Probation
(H)
Discharge/Termination
Any authorized supervisor may initiate and recommend discipline for cause against an employee
under his/her supervision in accordance with these procedures.
45.2 Discipline — Verbal Counseling
The City may correct an employee with verbal counseling. There shall be no written notice of
verbal counseling placed in an employee's personnel file.
45.3 Discipline — Letters of Counseling
The City may correct an employee with a letter of counseling. The letter of counseling shall be
placed in an employee's personnel file. Employees may request in writing to the Department
Director, with a copy to the Human Resources office, that letters of counseling which are two (2)
or more years old be destroyed when:
Resolution No. 2018-098 N.C.S. Page 84
(A) The employee's personnel file does not contain subsequent letters of corrective action;
(B) There is no other current or pending corrective action at the time the employee submits
his/her request to the Department Director.
45.4 Discipline — Corrective Written Action
The City may correct an employee in a written notice. The written notice shall include the basis
for the correction and by attachment any other relevant documents. The employee may within
thirty (30) calendar days respond to the City, either in writing or orally to the notice before it is
placed in his/her personnel file. If the employee chooses, he/she may prepare a written response
and have it placed with the City's written correction in his/her personnel file. There shall be no
further appeal of a written correction.
45.5 Discipline — Employee Notice
For discipline other than a written correction, the employee shall receive a written notice of the
discipline, the basis for the discipline, and by attachment other documents upon which the
discipline is based, along with notice of the right to respond, either in writing or orally, before
discipline is imposed.
If requested by the employee in writing within fourteen (14) calendar days the City shall meet with
the employee, unless a different date is set by mutual agreement.
45.6 Discipline — Employee Response
If the employee elects to respond to the discipline, he/she shall either provide a written request to
the City within seven (7) calendar days of receiving the notice of discipline. The request may be
accompanied by a written position statement. If requested, the Department Director shall convene
a meeting within seven (7) calendar days of receiving the request to review the employee's
response and position before discipline is imposed. The employee shall be entitled to a
representative of his/her choice, provided that the representative shall not be directly involved in
the events underlying the proposed discipline. At the meeting, the employee shall be provided an
informal opportunity to respond to the discipline and to present any information for consideration
by the Department Director. Seven (7) calendar days after the employee has been provided an
opportunity to respond to the discipline, the Department Director shall issue a written notice with
his/her decision.
45.7 Discipline — Employee Appeal
For suspension greater in severity than five (5) working days, and other discipline other than
written correction, the employee shall have the right to appeal the Department Director's decision
to the City Manager or alternatively, the Union may elect to appeal the discipline to advisory
arbitration before discipline is imposed. If the employee elects to appeal the discipline to the City
Manager, or if the Union elects to appeal the discipline to advisory arbitration, they shall within
fourteen (14) calendar days from the notice of the Department Director's final decision submit a
written request to the City Manager to appeal the discipline. If no written request is submitted to
the City Manager within the fourteen (14) day time frame, the right of appeal is waived and the
discipline shall become final.
45.8 Discipline —Employer Review
If the employee elects to have the City Manager review the discipline, the City Manager shall
convene a meeting to review the employee's response and position before discipline is imposed.
The employee shall be entitled to a representative of his/her choice. At the meeting, the employee
Resolution No. 2018-098 N.C.S. Page 85
shall be provided the opportunity to respond to the discipline and to present any information for
consideration by the City Manager. Fourteen (14) calendar days after the employee has been
provided an opportunity to respond to the discipline, the City Manager shall issue a written notice
with his/her decision. The City Manager's decision shall be final.
45.9 Discipline — Advisory Arbitration
As an alternative, the Union may elect to appeal discipline to advisory arbitration before discipline
is imposed.
(A) The arbitrator shall be selected from a list provided by the American Arbitration
Association or the State Mediation and Conciliation Service. A list of seven names shall
be requested from either source in a manner to be jointly agreed upon by the City and
Union. The City and the Union, shall alternatively delete names from the list.
(B) The arbitrator so selected shall conduct a hearing as expeditiously as possible at a time and
place convenient to the City, the employee and the Union.
(C) The arbitrator shall have the authority to convene the hearing, receive evidence through
testimony and documents and to make findings of fact and conclusion whether the
discipline was for just cause and whether the discipline was appropriate. The arbitrator may
recommend an outcome, but the final authority rests with the City Manager.
(D) Within thirty (30) calendar days after the hearing, the arbitrator shall submit in writing
his/her advisory recommendations to the City Manager and the employee.
(E) Within fourteen (14) calendar days of receipt of the arbitrator's advisory recommendations,
the City Manager shall issue a final decision. The City Manager's decision shall be final.
(F) Any costs associated with the arbitration hearing shall be borne equally by the City and
Union.
(G) City employees who are employed "at -will," or who are temporary or probationary, are not
subject to the requirement of good cause, and are not entitled to these discipline procedures.
SECTION 46 — GRIEVANCE PROCEDURE
46.1 Purpose of the Procedure
The purpose of the grievance procedure is to process and resolve grievances arising out of the
interpretation, application, or enforcement of the express terms of this agreement; to promote
improved employer-employee relations by establishing procedures for resolving such grievances;
to afford employees individually or through his/her recognized employee organization a systematic
means of obtaining further consideration of such grievances after every reasonable effort has failed
to resolve them through discussions; to provide that the grievances shall be settled as near as
possible to the point of origin; to provide that the grievance procedure shall be conducted as
informally as possible.
"Grievance" is defined as any dispute concerning the interpretation, application, or enforcement
of the express terms of this agreement (not including disputes regarding or appeals of disciplinary
actions).
Resolution No. 2018-098 N.C.S. Page 86
46.2 Conduct of Grievance Procedure
(A) The time limits specified below may be extended to a definite date by mutual agreement
of the employee, his/her representative, and the reviewer concerned.
(B) The employee may request the assistance of another person of his/her own choosing in
preparing and presenting his/her grievance at any level of review.
(C) The employee and his/her representative may be permitted to use a reasonable amount of
work time as determined by the appropriate department director in conferring about and
presenting the grievance.
(D) Employees shall not be retaliated against for using the grievance procedures.
46.3 Grievance Procedure
(A) Step One
An employee, a group of employees or the Union who has a grievance (as defined above)
should first try to get it settled through an informal discussion with his/her immediate
supervisor without undue delay. The employee, a group of employees or the Union must
present the grievance within thirty (30) working days of the event(s) giving rise to the
grievance or the grievance shall be deemed untimely. Every effort should be made to find
an acceptable solution by informal means at his/her lowest possible level of supervision.
If the employee is not in agreement with the decision reached by the informal discussion
in Step One, the employee shall have the right to elevate the grievance to Step Two.
(B) Step Two
To elevate to Step Two, the employee shall submit a written grievance within ten (10)
working days after the informal discussion with the immediate supervisor. The written
grievance shall specify the term of the agreement at issue and the factual basis of the
grievance. The immediate supervisor shall render a decision in writing and return it to the
employee within ten (10) working days after receiving the written grievance.
If the employee is not in agreement with the written decision rendered by his/her immediate
supervisor, the employee shall have the right to elevate the grievance to Step Three.
If the employee does not receive a decision in writing from his/her immediate supervisor
within fifteen (15) working days of the employee's submission of the written grievance,
the employee may elevate the grievance to Step Three.
Failure of the employee to take further action within the days specified shall be considered
by the City as dropping the grievance.
(C) Step Three
To elevate to Step Three, the employee shall present the written grievance within ten (10)
working days after receiving the immediate supervisor's written decision, or if no decision
is rendered, within fifteen (15) working days of the employee's submission of the written
grievance to his/her immediate supervisor.
If the next level of supervision is not a department director, the next level supervisor, or
manager shall discuss the grievance with the employee, and his/her representative if
Resolution No. 2018-098 N.C.S. Page 87
requested, and any other person the supervisor or manager deems appropriate. The
supervisor or manager shall render a decision in writing, and return it to the employee
within ten (10) working days after receiving the written grievance.
If the employee is not in agreement with the written decision rendered by his/her supervisor
or manager, the employee shall have the right to elevate the grievance to Step Four.
If the employee does not receive a decision in writing from his/her supervisor or manager
within fifteen (15) working days of the employee's submission of the written grievance,
the employee may elevate the grievance to Step Four.
Failure of the employee to take further action within the days specified shall be considered
by the City as dropping the grievance.
(D) Step Four
To elevate to Step Four, the employee shall present the written grievance within ten (10)
working days after receiving the supervisor or manager's written decision, or if no decision
is rendered, within fifteen (15) working days of the employee's submission of the written
grievance to the supervisor or manager.
The department director shall discuss the grievance with the employee, and his/her
representative if requested and any other person the department director deems appropriate.
The department director shall render a decision in writing, and return it to the employee
within ten (10) working days after receipt of the written grievance.
If the employee is not in agreement with the written decision rendered by his/her
department director, the employee shall have the right to elevate the grievance to Step Five.
If the employee does not receive a decision in writing from his/her department director
within fifteen (15) working days of the employee's submission of the written grievance,
the employee may elevate the grievance to Step Five.
Failure of the employee to take further action within the days specified shall be considered
by the City as dropping the grievance.
(E) Step Five
To elevate to Step Five, the employee shall present the written grievance within ten (10)
working days after receiving the department director's written decision, or if no decision
is rendered, within fifteen (15) working days of the employee's submission of the written
grievance to the department director.
The City Manager, or a designated representative, shall discuss the grievance with the
employee, and his/her representative if requested, and with other appropriate persons the
City Manager deems appropriate. The City Manager may designate a fact-finding
committee or officer not in the normal line of supervision, to advise him/her concerning
the grievance. The City Manager shall render a decision in writing to the employee within
twenty (20) working days after receipt of the written grievance. The City Manager's
decision shall be final.
Resolution No. 2018-098 N.C.S. Page 88
SECTION 47 — LAYOFF AND RECALL
47.1 Layoff Application
Should the City 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 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's own employees. It is not
the intention of the City to contract out work normally performed by bargaining unit employees.
If the City proposes to abolish a position, whether filled or vacant, the City will notify the Union
and afford the opportunity to meet and confer.
47.2 Layoff — Employer Right
Whenever, in the judgment of the City Council, it becomes necessary to abolish any position of
employment due to a re -organization 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.
47.3 Layoff — Employee Notification
Employees to be laid off shall be given, whenever possible, at least fourteen (14) calendar days'
prior notice.
47.4 Layoff— Vacancy and Reclassification
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 47.7 is qualified. All persons so demoted
shall have his/her names placed on the re-employment list.
47.5 Layoff — Employee Rights
An employee affected by layoff shall have the right to displace an employee in the same
department who has less seniority in 1) 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 47.6, seniority includes all periods of full-time service at or above the
classification level where the layoff is to occur.
47.6 Layoff — Seniority
In order to retreat to a former or lower classification, an employee must have more seniority than
at least one (1) of the incumbents in the retreat classification, be qualified to hold the retreat
classification or have served in the retreat classification prior to the layoff and request displacement
action in writing to the Human Resources office within five (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 service.
Resolution No. 2018-098 N.C.S. Page 89
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 completed a probationary period in the retreat
classification or a higher classification in the series.
47.7 Layoff — Order of
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.
47.8 Recall — Re -Employment List
The names of persons laid off or demoted in accordance with these rules shall be entered upon a
re-employment list. Lists from different departments or at different times for the same
classification of position shall be combined into a single list based on seniority. Such list shall be
used by every appointing authority when a vacancy arises, based on seniority, in the same or lower
classification of position before certification is made from an eligible list.
47.9 Recall Duration of Re -Employment List
Names of persons laid off shall be carried on a re-employment list for two (2) years.
SECTION 48 — EMPLOYEE PERSONNEL FILES
48.1 Employee Personnel File — Right to Inspect
An employee (or employee representative with written authorization from the employee) shall
have the right to inspect and review his/her employee personnel file. The employee's personnel
file shall be made available to the employee for inspection and review at a mutually agreeable time
between the employee and Human Resource office staff member.
48.2 Employee Personnel File — Acknowledgement Adverse Comments
Before any adverse comments are placed in an employee's personnel file, the employee shall be
given a copy of the material to be placed in his/her file; and written notice that the material will be
placed in his/her personnel file. The material shall contain either a written acknowledgment that
the employee has received the material and the notice, or a statement signed by the person who
delivered the material that the employee refused to sign such an acknowledgment. The employee
may write a response to the document containing the adverse comment for placement in his/her
personnel file.
SECTION 49 — OTHER
49.1 Employee Job Training
Any training required by the City will be subject to the Fair Labor Standards Act. Books and tuition
will be paid for by the employee.
Resolution No. 2018-098 N.C.S. Page 90
49.2 Safety Committee
A Labor/Management Safety and Health Committee shall be established within Unit 2. This
Committee shall consist of one (1) member of the Union under Public Facilities and Services, one
(1) member of the Union under Water Resources and one (1) member of the Union under Parks
and Recreation and two (2) members of Management. The duties of the Labor/Management Safety
Committee shall be as outlined in the City's Injury and Illness Prevention Program. The Committee
shall meet quarterly.
A Safety Committee composed of one (1) 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 (2x) yearly to
discuss safety practices, methods of reducing hazards, safety training, building inspections and
other mandatory elements of the City's Injury and Illness Prevention Program.
SECTION 50 — SEVERABILITY CLAUSE
In the event that any portion of this MOU is declared invalid by a court of competent jurisdiction,
it shall not affect the validity of any other portion of this MOU 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.
SECTION 51— MUTUAL ACCEPTANCE AND RECOMMENDATION
This document represents the final and complete MOU resulting from the 2018 Meet and Confer
sessions with the American Federation of State, County and Municipal Employees, AFSCME
LOCAL 675, Maintenance —Unit 2.
Representatives of the City and Unit 2 acknowledge that they have fulfilled his/her mutual
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 and Unit 2,
who have the approval of his/her members, agree to recommend for acceptance and approval to
the City Council of the City of Petaluma.
The parties affix his/her signatures as constituting mutual acceptance and recommendation of
this MOU to become effective July 1, 2018 upon acceptance and approval of the City Council.
Resolution No. 2018-098 N.C.S. Page 91
AMERICAN FEDERATION OF STATE, COUNTY, AND MUNICIPAL EMPLOYEES
Larry Hendel, Business Agent, AFSCME
Date
/s/
Ken Whaley, Union President, AFSCME
Date
/s/
Mike Seslar, Union Vice -President, AFSCME
Date
/s/
Leslie Manning, Treasurer, AFSCME
Date
/s/
Suzanne Terry, Secretary, AFSCME
Date
CITY OF PETALUMA
John Brown, City Manager Date
/s/
Amy Reeve, Director of Human Resources
Date
Resolution No. 2018-098 N.C.S.
Page 92
EXHIBIT A - SALARY TABLE
AFSCME - Local 675, Maintenance Unit 2
EFFECTIVE FIRST FULL PAY PERIOD IN JULY 2018 FACTORING IN 3% WAGE
INCREASE & JULY 2018 0.75% PERS COST -SHARE
CLASSIFICATION
1
2
3
4
5
Airport Maintenance Worker
22.66
23.80
24.98
26.22
27.53
Assistant Utility System Operator
29.85
31.34
32.91
34.55
36.29
Electric Maintenance Worker I
30.15
31.65
33.23
34.89
36.64
Electric Maintenance Worker II
33.86
35.56
37.33
39.19
41.16
Equipment Maintenance Worker
25.41
26.69
28.03
29.43
30.89
Equipment Maintenance Lead
34.65
36.38
38.20
40.12
42.12
Equipment Mechanic
32.01
33.61
1 35.30
37.06
38.90
Facilities Maintenance Worker I
30.15
31.65
1 33.23
34.89
36.64
Facilities Maintenance Worker I1
33.86
35.56
37.33
39.19
41.16
Maintenance Wkr III / Docks & Bridge
28.59
30.02
31.52
33.10
34.75
Park Maintenance Worker 1
22.66
23.79
24.98
26.22
27.53
Park Maintenance Lead Worker
30.71
32.25
33.86
35.56
37.33
Park Maintenance Worker II
27.19
28.55
29.97
31.48
33.05
Park Maintenance Worker III
28.59
30.02
31.52
33.09
34.75
Parks Maintenance Foreworker
33.03
34.68
36.41
38.23
40.15
Public Works Crew Supervisor
33.04
34.68
36.41
38.23
40.15
Street Maintenance Worker I
22.66
23.79
24.98
26.23
27.53
Street Maintenance Worker 1I
27.19
28.56
29.98
31.48
33.06
Street Maintenance Worker III
28.59
30.02
31.52
33.10
34.75
Street Maintenance Lead Worker
30.70
32.25
33.86
35.56
37.33
Traffic Signal Street Light Tech I
30.15
31.65
33.23
34.89
36.64
Traffic Signal Street Light Tech II
33.86
35.56
37.33
39.19
41.16
Utility Service Crew Foreworker
33.83
35.52
1 37.30
39.15
41.11
Utility Service Lead Worker
31.47
33.04
34.69
36.42
38.24
Utility Service Worker 1
23.20
24.36
25.57
26.85
28.20
Utility Service Worker II
27.82
29.22
30.67
32.20
33.81
Utility Service Worker 111
29.28
30.75
32.29
33.89
35.60
Utility System Operator
32.09
33.70
35.39
37.15
39.01
Utility Technician
31.47
33.04
34.69
36.42
38.24
Water Recycling Plant Operator in Training
26.34
27.66
29.05
30.50
32.01
Water Recycling Plant Lead Operator
42.09
44.20
46.40
48.71
51.16
Water Recycling Plant Operator 1
32.24
33.84
35.55
37.33
39.18
Water Recycling Plant Operator 11
33.86
35.56
37.34
39.19
41.15
Water Recycling Plant Operator III
38.26
40.18
42.19
44.31
46.53
Resolution No. 2018-098 N.C.S. Page 93
CLASSIFICATION
1
2
3
4
5
Water Service Representative
28.02
29.43
30.89
32.43
34.07
Water Service Representative Lead
30.13
31.62
33.21
34.87
36.61
Resolution No. 2018-098 N.C.S. Page 94
���" 2� o
Q
�pL 0
a
MEMORANDUM OF UNDERSTANDING
between
CITY OF PETALUMA
and
AMERICAN FEDERATION OF STATE, COUNTY AND
MUNICIPAL EMPLOYEES (AFSCME) - 675
July 1, 2018 THROUGH June 30, 2020
UNIT 3 - CLERICAL AND TECHNICAL
7.7 Uniform Allowance
7.8 Uniform Allowance — Job Share
SECTION 8 — ALTERNATE WORK WEEK AND OVERTIME.....................................................9
8.1 Alternate Work Schedule
8.2 Alternate Work Week — Overtime
8.3 Overtime — Missed Meal Period
8.4 Overtime — Compensation Rate
8.5 Overtime — Assignment Of
8.6 Overtime — Twenty -Four (24) Hour Notice
8.7 Overtime — Holiday Schedule
8.8 Rest Periods
8.9 Meal Period — Duty Free
8.10 Meals — Non -Duty Free
SECTION 9 — COMPENSATORY TIME............................................................................................11
9.1 Compensatory Time Off — City Choice
9.2 Compensatory Time Payment
9.3 Compensatory Time Payments — Separation from City of Petaluma
SECTION 10 — CALLBACK AND STANDBY....................................................................................11
10.1 Standby
10.2 Emergency Situation
10.3 Callback —Minimum
SECTION 11— HOLIDAYS...................................................................................................................12
11.1 Holidays — Fixed Holidays
11.2 Holidays — Floating Holidays
11.3 Bonus Holiday
SECTION12 — VACATION..................................................................................................................13
12.1 Vacation — Accrual
12.2 Vacation — Scheduling
12.3 Vacation — Deferral
12.4 Vacation — Usage
12.5 Vacation — Payment upon Termination
SECTION 13 — LEAVES — SICK LEAVE............................................................................................14
13.1
Sick Leave
— Eligibility
13.2
Sick Leave
— Accrual
13.3
Sick Leave
— General
13.4
Sick Leave
— Transfer
SECTION 14 — LEAVES — INDUSTRIAL INJURY LEAVE............................................................16
Resolution No. 2018-098 N.C.S. Page 96
SECTION 15 — LEAVES — BEREAVEMENT LEAVE......................................................................17
SECTION 16 — LEAVES — VICTIMS OF DOMESTIC VIOLENCE...............................................17
AND SEXUAL ASSAULT LEAVE
SECTION 17 — LEAVES — MILITARY LEAVE.................................................................................17
SECTION 18 — LEAVES — ELECTION OFFICER LEAVE AND....................................................18
VOTING LEAVE
SECTION 19 — LEAVES — SCHOOL VISITATION LEAVE...........................................................18
SECTION 20 — LEAVES — LEAVE OF ABSENCE WITHOUT PAY..............................................18
SECTION 21— LEAVES — JURY DUTY LEAVE...............................................................................18
SECTION 22 — FAMILY CARE AND MEDICAL LEAVE (FMLA &
CFRA)................................19
22.1 FMLA and/or CFRA Leave
22.2 FMLA and/or CFRA — Second Opinion
SECTION 23 — LEAVES — PREGNANCY DISABILITY LEAVE....................................................19
SECTION 24 — DISCRIMINATION, HARASSMENT AND.............................................................19
RETALIATION PROHIBITED
SECTION 25 — REASONABLE ACCOMMODATION.....................................................................19
SECTION 26 — CALIFORNIA PUBLIC EMPLOYEES' RETIREMENT SYSTEM.....................19
SECTION 27 — HEALTH BENEFITS — ACTIVE EMPLOYEES.....................................................20
27.1 Active Employees — PEMHCA Contribution
27.2 Additional Contribution — Effective January 1, 2018
27.3 Additional Contribution — Effective January 1, 2019
27.4 Additional Contribution — Effective January 1, 2020
27.5 Employee Contribution
SECTION 28 — HEALTH BENEFITS — RETIRED EMPLOYEES..................................................21
28.1 Retired Employees — CalPERS and the PEMHCA
28.2 "Unequal Contribution" Method for Health Care Premium Payments for Retirees
28.3 Ca1PERS Annuitant — PEMHCA Health Benefits
28.4 Less Than 20 Years of Service — Not Receiving PEMHCA Health Benefits
28.5 Less Than 20 Years of Service — Receiving PEMHCA Health Benefits
28.6 20 Years or More of Service — Not Receiving PEMHCA Health Benefits
28.7 20 Years or More of Service — Receiving PEMHCA Health Benefits
SECTION 29 — CASH IN -LIEU OF HEALTH AND DENTAL BENEFITS....................................23
Resolution No. 2018-098 N.C.S. Page 97
TABLE; OF -CONTENTS
SECTION 30 — SECTION 125 PLAN....................................................................................................24
SECTION 31— DENTAL INSURANCE...............................................................................................24
SECTION 32 — VISION INSURANCE.................................................................................................25
SECTION33 — LIFE INSURANCE......................................................................................................25
SECTION 34 — DISABILITY INSURANCE........................................................................................25
34.1 Short — Term Temporary Disability Benefit Program
34.2 Short — Term Disability Insurance — Voluntary
34.3 Long — Term Disability Insurance
SECTION 35 — EMPLOYEE ASSISTANCE PROGRAM.................................................................25
SECTION 36 — DEFERRED COMPENSATION................................................................................25
SECTION 37 — TRANSFERS AND PROMOTIONS..........................................................................25
SECTION 38 — NEW OR CHANGED CLASSIFICATIONS.............................................................26
SECTION 39 — PROBATIONARY PERIOD.......................................................................................26
SECTION40 — SHARED POSITION...................................................................................................26
40.1 Shared Position
40.2 Sixty Days' Notice
40.3 First Choice of Full-time Employment
40.4 Employee Termination of Position
40.5 Shared Position — Part-time Employee
40.6 Work Week and Work Day
40.7 Seniority
40.8 Overtime
40,9 Pro -rated Leave and Benefits
40.10 Merit Pay, Step Increases and Probationary Period
SECTION 41—
DISCIPLINE PROCEDURE.......................................................................................28
41.1
Discipline
— Methods
41.2
Discipline
— Verbal Counseling
41.3
Discipline
— Letters of Counseling
41.4
Discipline
— Corrective Written Action
41.5
Discipline
— Employee Notice
41.6 Discipline
— Employee Response
41.7 Discipline
— Employee Appeal
41.8 Discipline
— Employer Review
41.9 Discipline
— Advisory Arbitration
Resolution No. 2018-098 N.C.S. Page 98
TABLE OF,GONTENTS
SECTION 42 — GRIEVANCE PROCEDURE......................................................................................30
42.1 Purpose of the Procedure
42.2 Conduct of Grievance Procedure
42.3 Grievance Procedure
SECTION43 — LAYOFF AND RECALL.............................................................................................32
43.1 Layoff Application
43.2 Layoff — Employer Right
43.3 Layoff — Employee Notification
43.4 Layoff — Vacancy and Reclassification
43.5
Layoff
— Employee Rights
43.6
Layoff
— Seniority
43.7
Layoff
— Order of
43.8
Recall —
Re -Employment List
43.9
Recall —
Duration of Re -Employment List
SECTION 44 — EMPLOYEE PERSONNEL FILE..............................................................................34
44.1 Employee Personnel File — Right to Inspect
44.2 Employee Personnel File — Acknowledgement Adverse Comments
SECTION45 — OTHER..........................................................................................................................34
45.1 Performance Evaluations
45.2 Safety Committee
SECTION 46 — MUTUAL ACCEPTANCE AND RECOMMENDATION.......................................35
EXHIBIT A — SALARY TABLE...........................................................................................................37
EXHIBIT B — DEFINITION OF TERMS.............................................................................................39
Resolution No. 2018-098 N.C.S. Page 99
PRF AMBLE
This Memorandum of Understanding (MOU) is entered into pursuant to the provisions of the Meyers-
Milias-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 the period July 1, 2018, and ending June 30, 2020.
SECTION I - TERM OF AGREEMENT
1.1 Effective Date
This MOU shall be effective for a two (2) year term. The fiscal years commencing July 1, 2018,
and ending June 30, 2020.
1.2 Notice of Successor Memorandum
The parties shall commence meeting and conferring for a subsequent Memorandum of
Understanding no later than the last week of February 2020.
SECTION 2 — RECOGNITION
2.1 Recognition — 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 675, Unit 3,
Clerical/Technical, hereafter referred to as the "Union" is the recognized employee organization
for those Clerical/Technical positions listed in Exhibit "A" — Salary Table.
2.2 Recognition — City Reco nig tion
The Municipal Employee Relations Officer of the City of Petaluma or any person or organization
duly authorized by the Municipal Employee Relations Officer, is the representative of the City of
Petaluma, hereinafter referred to as the "City" in employer-employee relations.
SECTION 3 — UNION RIGHTS
3.1 Union Rights — Union Representation
City 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 this purpose shall be reasonable and shall not interfere with the
performance of City services as determined by the City. Such employee representatives shall
request time off from his/her 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
Resolution No. 2018-098 N.C.S. Page 100
(2) or more employees request to be excused from any one department pursuant to this section,
subject to the approval of the Department Director or his/her designee.
3.2 Union RijZhts — Bulletin Boards
The Union may use portions of City bulletin boards under the following conditions;
(A) All material must be dated and must identify the Union that published them.
(B) Unless special arrangements are made, materials posted will be removed thirty (30)
days after the date first posted.
(C) The City reserves the right to determine where bulletin boards shall be placed and
what portion of them are to be allocated to Union materials.
(D) If the Union does not abide by these rules, it will forfeit its right to have material
posted on City bulletin boards.
No employee other than an official representative on released time pursuant to this provision shall
attend to or conduct Union business while on duty, nor shall City equipment be utilized for such
matters except as specifically authorized by this MOU.
3.3 Union Rights — Access to Work Location — Processing Grievances
Reasonable access to employee work locations shall be granted to officers of the Union and his/her
officially designated representatives for the purpose of processing grievances or contacting
employees of the Union concerning business within the scope of representation. Such officers or
representatives shall notify the City Human Resources Manager or his/her designee prior to
entering onto City premises for such purposes. Access shall be restricted so as not to interfere with
the normal operation of the department or with established safety or security requirements.
Solicitation of membership and activities concerned with the internal management of the Union,
such as collecting dues, holding membership meetings, campaigning for office, conducting
elections and distributing literature, shall not be conducted during working hours.
3.4 Union Rights — Access to Facilities
City employees or the Union or his/her representatives may, with the prior approval of the Human
Resources Manager, be granted the use of City non-public access facilities during non -working
hours for meetings of City employees provided space is available. All such requests shall state the
purpose or purposes of such meetings. The use of City equipment other than items normally used
in the conduct of business meetings, such as desks, chairs, and blackboards, is strictly prohibited,
the presence of such equipment in approved City facilities notwithstanding.
3.5 Union Rights — Advanced 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.
(A) 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
Resolution No. 2018-098 N.C.S. Page 101
notice or meeting and conferring with the Union, the City agrees to meet and confer within
a reasonable and practical time after the termination of the emergency situation.
(B) During the course of such declared emergencies, the City 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 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 MOU will again become effective.
3.6 Union Rights — List of Employees
The City agrees to monthly furnish the Union with the names, classifications, and dates of hire for
all Unit members.
3.7 Union Rights — Excused Absence
Upon written request of the secretary treasurer of the Union, an employee who is elected or
selected by the Union may be granted an excused absence without pay for a period not to exceed
five (5) days per year to attend conferences or conventions. Not more than one (1) employee will
be granted an excused absence at any time.
3.8 Union Rights — Union/City Meetings
At the request of either the Union or the City, conferences shall be held for the purpose of
considering matters of mutual interest. 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 his/her normal schedule of work for the purpose of attending a conference.
Conferences may be attended by the AFSCME Business Agent. Benefit plan review and proper
classification assignment are examples of appropriate subjects for such conferences.
It is understood that such conferences are not considered meet and confer and any matters
discussed, or any action taken pursuant to such conferences, shall in no way change or alter any of
the provisions of the MOU, or the rights of either the City or the Union under the terms of the
MOU.
The City employees or the Union or his/her representatives may, with the prior approval of the
Human Resources Manager, be granted the use of the City non-public access facilities during
non -working hours for meetings of the City employees provided space is available. All such
requests shall state the purpose or purposes of such meetings. The use of the City equipment other
than items normally used in the conduct of business meetings, such as desks, chairs, and
blackboards, is strictly prohibited, the presence of such equipment in approved the City facilities
notwithstanding.
SECTION 4 — UNION SECURITY
4.1 Union Security— Agency Shop
The following modified Agency Shop procedures shall apply to all employees represented by the
Union.
Resolution No. 2018-098 N.C.S. Page 102
(A) Limitation of Provision
This provision shall be in accordance with and the parties agree to abide by the provisions
of Government Code Section 3502.5.
(B) Dutypresentation
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,
(C) 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.
(D) Compliance with Federal/State Laws
If any provisions of this MOU are invalid under an applicable federal or state law, said
provision shall be modified to comply with the requirements of said federal or state law.
(E)
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.
4.2 Union Security — Union Membership or Payment of Agency Fee
All bargaining unit employees shall, as a condition of continued employment, either:
(A) Become and remain a member of the Union;
(B) 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 for 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
(C) Religious Objection. Pursuant to Section 3502.5 (c) of the Government Code, 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, such employee shall not be required to join, maintain membership in, or
financially support the Union as a condition of employment. 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 (1) of the following four (4) non -religious, non -labor,
charitable funds that are tax exempt under Section 501(c)(3) of the Internal Revenue Code.
The employee shall choose from the following:
Petaluma People Service Center Meals on Wheels
Petaluma People Service Center Senior Nutrition Site
Petaluma Boys and Girls Club
Hospice of Petaluma
Resolution No. 2018-098 N.C.S. Page 103
4.3 Union Security — Revocation of Membership
Once each year, in December, and for a new employee, at the time he/she commences employment
with the City, each employee of the bargaining unit may elect to revoke Union membership without
penalty to his/her employment with the City, on an appropriate form approved by the City. The
party electing to revoke membership shall be subject to the provisions of section 4.2 (C) above.
4.4 Union Security — Payroll Deductions
Payroll deductions for Union dues or agency fees shall be made only upon the employee's written
authorization on a payroll deduction form approved by the City and shall terminate in the event
the employee chooses the revocation of membership of Union membership in accordance with
section 4.3.
(A) Authorization
Subject to the revocation of membership of section 5.3, all new employees who are hired
into job classifications in this unit may 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 otherwise revoked in accordance with the terms of this
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.
(B) Sufficiency of Earnings
The employee's earnings must be sufficient to cover the amount of the deductions herein
authorized after all other required deductions are made. 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 which would have been withheld
with the City 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.
(C) 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 were executed prior
to the execution of this MOU shall remain in full force and effect.
(D) 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.
4.5 Union Security — Discipline
No employee shall be disciplined under this section unless the Union has first:
(A) Notified the 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
Resolution No. 2018-098 N.C.S. Page 104
that unless such Union fee is tendered within thirty (30) calendar days, the employee will
be reported by the Union to the City for disciplinary action as provided for in this section,
and
(B) Furnished the City with written proof that the procedure set forth in paragraph (A) above
has been followed, and has supplied the City with a copy of the letter sent to the employee
and notice that the employee has not complied with the request, along with the following
certification:
The Union certifies that the employee has failed to tender the Union fee required as a
condition of employment under the MOU, and therefore, under the terms of the MOU, the
Union requests that the City terminate the employee's employment with the City.
4.6 Union Security— 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 form of liability that may arise out of or by reason of
this section, or that arise out or by reason 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 City any amounts paid to it in error on presentation of
supporting evidence.
4.7 Union Security — Payroll Deductions
It is the intent of this section is to provide for the regular dues of Union members to be deducted
from his/her checks insofar as permitted by law. The City 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 and the Union. However, the City
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.
4.8 Union Security — Written Authorization — Dues
The written authorization for Union dues deduction shall remain in full force and effect, during
the life of the current MOU between the City and the Union unless canceled in writing.
4.9 Union Security— Change in Deductions
Upon written request of the Union, the City shall change the amount of dues deducted from Union
members' checks.
4.10 Union Security — 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
employee covered by this MOU within ten (10) days of the signing of this agreement. The City
shall provide to the Union a list of those employees who are Union employees 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, the Union shall provide each member with a copy of the Union's
"Hudson procedures" and shall provide to the City confirmation of such mailing.
SECTION 5 — EMPLOYER RIGHTS
Resolution No. 2018-098 N.C.S. Page 105
It is the right of the City to make decisions of a managerial or administrative character including:
decisions on the type, extent and standards or services performed, decisions on the methods, means
and personnel by which the City operations and services are to be conducted, and those necessary
to exercise control over City government operations in the most efficient and economical manner
practicable and in the best interests of the City residents. All managerial functions and rights to
which the City has not expressly modified or restricted by specific provision of this MOU shall
remain with the City.
SECTION 6 — SALARIES
6.1 Salaries
Salary ranges shall be as specified in Exhibit "A" for each classification.
Effective the first full pay period in July 2018, all unit members shall receive a three percent (3%)
base wage increase.
Effective the first full pay period in July 2018, and concurrent with all members paying an
additional one percent (1%) towards PERS retirement, for a total contribution of eleven percent
(1 I%), employees shall receive a point seventy-five percent (0.75%) base wage increase.
Effective the first full pay period in July 2018, for employees defined as "classic" this shall mean
that the one percent (1%) is added to the current ten percent (10%) employee contribution, for a
total of eleven percent (11%). Employees subject to the PEPRA formula shall also pay an
additional one percent (1%) in addition to their current contribution for a total of 10.25% (6.25%
which is subject to change by Ca1PERS).
Classification and Compensation Study:
Following establishment of comparator agencies, the parties shall engage in a classification and
compensation study for benchmarked classifications represented by AFSCME. Both parties agree
to work jointly to update job descriptions, with the goal of completion and approval by the Council
by January 1, 2020. The compensation study will be completed prior to commencement of
negotiations for a successor MOU to this Agreement. The parties agree that the completion of the
study in no way obligates the City to a pre -determined level of pay. Rather the City and the Union
agree that review of compensation and benefits packages of comparator agencies is a valuable
exercise when developing salary and benefits recommendations for Petaluma employees. The
compensation piece of the study will use a total compensation model and will examine various
items across comparator agencies and the City, including but not limited to top step salary, PERs
formula, and LTD Insurance.
6.2 Temporary Assignment Pay
Employees assigned to perform higher level tasks outside his/her classification shall be
compensated at an additional five -percent (5%) on an hour -per -hour basis when such work is being
performed. Employees who are asked to perform such higher level duties are eligible for premium
pay when the following conditions are met:
(A) The employee must have been assigned the work by either the employee's supervising
manager or department director.
Resolution No, 2018-098 N.C.S. Page 106
(B) If the member thinks an assignment is "out -of -class", it is the responsibility of the
employee to inform the person assigning the duty prior to engaging in the assignment.
(C) If the employee and person assigning the work disagree that the work should be
compensated as "out -of -class," the employee shall initiate the work assigned and may
resolve the issue through the grievance procedure.
It is the responsibility of the employee to inform the person assigning out -of -class work when such
work is finished.
An employee holding a classified position may temporarily be assigned significantly all of the
duties of another position in a higher classification for a period not to'exceed ninety (90) calendar
days during any fiscal year.
(A) The employee so assigned shall receive either the next higher step in the classification to
which he/she is assigned or a five percent (5%) increase, whichever is greater.
(B) Compensation for vacation, sick leave, and holidays as described in this section shall be
computed at the employee's hourly rate on the effective date of termination.
6.3 Salary — Permanent Transfer to A New Classification
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. If the next higher rate is
less than four percent (4%) above the employee's current hourly rate, the employee shall be placed
at the next higher step that provides at least a four percent (4%) increase.
SECTION 7 — SPECIAL COMPENSATION
7.1 Special Compensation — Smoking Cessation Plan
The City agrees to provide any employee of the Unit up to fifty dollars ($50.00) for completion of
a smoking cessation program, upon receipt of the certificate of completion.
7.2 Special Compensation — Loss of Damaged Clothing
City employees may request reimbursement for the loss or damage of his/her clothing that is the
result of work activities. Requests for reimbursement shall be submitted to the department
director for review and approval. Amounts of reimbursement are at the discretion of the
department director.
7.3 Special Compensation — Work Boots
The City shall pay the cost of all work boots up to two -hundred fifty dollars ($250.00) per fiscal
year. Replacement of work boots shall be on an as -needed basis with approval of the department
director. Receipts for work boot reimbursement shall be submitted to Human Resources for
processing.
7.4 Special Compensation — Bilingual Pay — Spanish
Eligible employees who are certified for bilingual proficiency in Spanish in accordance with the
City's Bilingual Testing and Certification policy shall receive two hundred dollars ($200.00) for
certification at a high level proficiency or verbally fluent or one hundred dollars ($100.00) for
certification at an acceptable level proficiency or conversational.
Resolution No. 2018-098 N.C.S. Page 107
7.5 Uniform Required — Police Records Assistant I and II
Police Records Assistant I and II shall comply with and wear the uniform specified in the Police
Department's written uniform policy as established and revised from time to time by the Police
Chief.
7.6 Uniform Allowance - Newly Hired Police Records Assistant I and II
The City shall provide newly hired employees in the classifications of Police Records Assistant I
and II with a lump sum payment upon hire in the amount of four hundred dollars ($400.00) to
purchase uniforms.
7.7 Uniform Allowance
The Police Records Assistant I and II shall be provided with a uniform allowance in the amount
of ten dollars ($10.00) a pay period.
7.8 Uniform Allowance — Job Share
Employees in the covered classifications who occupy a job share position shall receive the full
allowance.
SECTION 8 — ALTERNATE WORK WEEK AND OVERTIME
8.1 Alternate Work Schedule
The City agrees to consider reasonable alternative work week programs proposed by the Union.
Such proposals (e.g., four (4) day work week, flex scheduling, 9/80, job sharing) may be
considered on a case-by-case basis by the City. However, the decision as to whether and when, if
at all, to implement such alternate programs, the operation of such programs, and the ability to
modify and/or terminate such programs, is left exclusively with the City.
8.2 Alternate Work Week — Overtime
Employees who are working an alternative work week of forty (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's alternative work week policy. For example, for an employee assigned to a 9/80
schedule, overtime shall be calculated after the ninth hour worked in one day or after forty hours
worked in a work week; for an employee assigned to a 4/10 schedule, overtime shall be calculated
after the tenth hour worked in one day or after forty hours worked in a work week.
8.3 Overtime — Missed Meal Period
If an employee is required to work more than six (6) consecutive hours without a meal period
during a regular work shift, the employee shall be paid at the rate of time and one-half (1.5) for all
time worked in excess of six (6) hours until such time as the employee receives a meal period.
Such pay shall be provided only if the employee has informed his/her supervisor of the need to
continue work beyond six hours without a meal period and the supervisor has granted permission
for the employee to do so. If emergency circumstances preclude the employee from seeking prior
approval from his/her supervisor, the employee shall inform his/her supervisor as soon as the
employee is able to do so safely.
8.4 Overtime — Compensation Rate
Except as otherwise noted in Section 8.2 above, all hours worked in excess of eight (8) hours in
any one day or in excess of forty (40) hours in any work week shall be paid for at the overtime rate
Resolution No. 2018-098 N.C.S. Page 108
which shall be one and one-half (1.5) times the regular straight time hourly rate of pay. Overtime
shall not be pyramided or compounded.
8.5 Overtime — Assignment of
Overtime shall be distributed as equitably as possible, without favoritism, and in the best interests
of the City among the employees of the department who are qualified to perform and who have
demonstrated the ability to perform overtime services efficiently.
8.6 Overtime — Twenty -Four (24) Hour Notice
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 to give advance
notice, an employee will be expected to work.
8.7 Overtime — Holiday Schedule
An employee required to work a paid holiday shall receive, in addition to the eight (8) hours
holiday pay, further compensation at the overtime rate for the actual holiday worked.
8.8 Rest Periods
Whenever practical, employees who for any reason work beyond his/her 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.
8.9 Meal Period — Duty Free
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.
8.10 Meals — Non -Duty Free
The City shall pay ten dollars ($10.00) to an employee who is requested and who does work two
(2) hours beyond the employee's norinal quitting time and has been prevented from eating a meal
after such quitting time. Those employees who work beyond four (4) hours on a callout after
having left the City premises shall receive the ten dollar ($10.00) meal payment.
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 extended 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.
SECTION 9 — COMPENSATORY TIME
9.1 Compensatory Time Off — City Choice
Employees may accrue compensatory time in lieu of being paid for overtime. Employees may
accrue up to a total of two -hundred -forty (240) hours of compensatory time per fiscal year.
Employees may retain no more than two -hundred -forty (240) hours of compensatory time on the
books at any given time. Compensatory time shall be taken at a mutually agreeable time between
the employee and the City, subject to the operational requirements of the City. Employees may
Resolution No. 2018-098 N.C.S. Page 109
take up to five (5) days of compensatory time off at a mutually agreeable time between the
employee and the City subject to the operational requirements of the City. Compensatory time in
excess of the two -hundred -forty (240) hour limit shall be paid at one and one-half (1.5) times the
regular rate of pay.
9.2 Compensatory Time Past
All accumulated compensation time, but for eighty (80) hours, will be paid to the employee by the
City on the first paycheck in October.
An employee may submit a request to the City Manager to cash out compensatory time if an
employee faces an unforeseen financial hardship, such as significant medical expenses due to a
serious illness or injury, or serious property damage caused by an act of nature (severe storm,
earthquake). The City Manager shall respond to such request within eight (8) business days. The
decision of the City Manager shall be final.
9.3 Compensatory Time Payments — Separation from City of Petaluma
Employees separated from City of Petaluma service shall receive a lump sum payment for all
accumulated, unused compensatory time.
SECTION 10 — CALLBACK AND STANDBY
10.1 Standby
An employee assigned standby shall be compensated at the rate of eighteen percent (18%) per hour
of his/her regular hourly rate for every hour the employee actually stands by. A minimum of one
(1) hour at time and one-half (1.5) shall be paid by the City for every call or assignment required.
If an employee receives more than one call within a one hour period, the employee will be
compensated for a minimum of one hour, or time actually worked, whichever is greater.
When an employee is assigned standby, the employee must be ready to respond as soon as possible,
be reachable by telephone or pager, be able to report to work in a reasonable amount of time, and
refrain from activities which might impair his/her ability to perform assigned duties.
Standby assignments shall be rotated as equitably as possible among employees with consideration
given for the qualification and ability of an employee to perform the work. When possible, standby
assignments shall be distributed on a voluntary basis to qualified employees. An employee shall
be required to be on standby assignment when it is determined by the City that such assignment is
essential to the continuing efficient operation of the City or in an emergency.
No employee shall be paid for Standby duty time and other compensable duty time simultaneously.
Time actually worked while on Standby duty will be compensated at the employee's hourly rate
of pay times one and one-half (1.5).
10.2 Emergency Situation
If, in an emergency situation, an employee in this unit is asked to leave work before the end of
his/her scheduled work day with the expectation that he/she will be called back to work to finish
the remainder of his/her work day at a later time, but the employee is not in fact called back to
work that day, the City agrees to compensate the employee for the full normal working day. In
exchange, up until the time that the employee's regular shift is scheduled to end, such employees
will be on standby status, without any entitlement to any extra compensation.
Resolution No. 2018-098 N.C.S. Page 110
10.3 Callback — Minimum
Employees, who are called back to work after having completed the normal shift and/or after
having left the worksite, shall be compensated a minimum of two (2) hours at the overtime rate.
SECTION 11 - HOLIDAYS
11.1 Holidays — Fixed Holidays
The City shall observe twelve (12) fixed -date holidays. These holidays shall be established for the
City's fiscal year as determined by City Council resolution.
The holidays for calendar years 2018, 2019, and 2020 are as follows:
Independence Day
Labor Day
Columbus Day
Veterans' Day
Thanksgiving Day
Day after Thanksgiving
Christmas Eve
Christmas Day
New Year's Day
Martin Luther King Day
Presidents' Day
Memorial Day
When a holiday falls on a Saturday, that holiday will be observed on the prior Friday. When a
holiday falls on a Sunday, that holiday will be observed on the following Monday. Should this
conflict with a Friday or Monday designated holiday, the Friday or Monday holiday will occur on
the preceding Thursday or following Tuesday.
Observance by an employee of a designated religious event may be granted, if practical, with at
least seven (7) days prior approval required for such leave, under the following methods:
(A) Time charged to accrued vacation allowance; or
(B) Time off without pay
Holidays currently provided in the MOU will be based on the employee's regular work shift. For
example, if an employee works a 4/10 schedule, s/he shall receive 10 hours of holiday pay for the
holiday. If an employee works a 9/80 schedule, s/he shall receive 9 hours of holiday pay for the
holiday. If an employee works a 5/8 (five days per week, 8 hours per day) schedule, s/he shall
receive 8 hours of holiday pay for the holiday. The same shall be true for any employee whose
regular work week is fewer than 40 hours per week, except that no such employee shall receive
more than eight (8) hours of pay for the holiday.
11.2 Holidays — Floating Holidays
During the fiscal year the City will authorize one (1) "Floating Holiday" per employee, which may
be taken by the employee at a time selected by the employee, subject to operational requirements
Resolution No. 2018-098 N.C.S. Page 111
and approval determined by the City. Employees hired between July 1, and December 31, will be
eligible for a "Floating Holiday" during the course of the Fiscal Year.
11.3 Bonus Holiday
The City and the Union agree that an employee, who does not use any sick leave during the period
between July 1 and June 30, will be allowed to convert one (1) day of sick leave to one (1) day of
vacation the following fiscal year.
SECTION 12 — VACATION
MISC
Employees
Years of
Service
Vacation Accrual
hrs
Accrual Limit hrs
Unit 3
0-4
80
-160
5-9
120
240
10
128
256
11
136
272
12
144
288
13
152
304
14
160
320
15
168
336
16
176
352
17
184
368
18
192
384
19 or greater
200
400
12.1 Vacation — Accrual
All regular employees of the City, 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, after five (5) years of continuous service with the City, and
beginning with the sixth (6th) year, shall be entitled to the equivalent of one -hundred -twenty (120)
hours of vacation per year. After ten (10) years of continuous service with the City, eight (8) hours
of vacation shall be added for each year of continuous service to a maximum of two hundred (200)
hours of vacation.
Vacation time shall not be accumulated in excess of two (2) years.
12.2 Vacation — Scheduling
The times during a calendar year in which an employee may take his/her vacation shall be
determined by the Department Director 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.
12.3 Vacation — Deferral
Any eligible employee with the consent of the Department Director may defer his/her annual
vacation to the succeeding calendar year subject to other provisions of this rule. In the event one
Resolution No. 2018-098 N.C.S. Page 112
(1) or more municipal holidays fall within an annual vacation leave, such holidays shall not be
charged as vacation leave, and vacation leave shall be extended accordingly.
12.4 Vacation — Usage
A newly hired City employee may begin to use accrued vacation during his/her probationary
period in the first three (3) months of employment with approval of the City Manager, and as
approved by the employee's supervisor thereafter.
12.5 Vacation — Payment upon Termination
Employees who leave City 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 13 — LEAVES — SICK LEAVE
13.1 Sick Leave — Eligibility
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. 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, or as determined by la . No sick leave shall
be payable for any injury or absence which results or occurs as follows:
(A) Participating in any criminal act;
(B) Working for an employer other than the City.
Neither shall any sick leave be payable:
(A) During a vacation except when hospitalized or in equivalent confinement; or
(B) During a layoff, leave of absence or disciplinary layoff.
All horns of sick leave accrued and all hours of absence, whether or not paid, shall be recorded.
To the extent necessary to implement this section, such records may be inspected by an individual
employee and/or authorized Union representative.
13.2 Sick Leave — Accrual
(A) Sick leave shall accrue to all full-time employees at the rate of eight (8) hours for each
month of continuous service. No employee shall accumulate more sick leave in any year
than is provided.
(B) Sick leave shall continue to accrue while an employee is on vacation, sick leave, or job -
connected injury leave.
(C) No employee shall be eligible for sick leave before it accrues.
(D) Employees serving his/her probationary period may take up to one (1) day sick leave with
pay for each month worked. Employees hired on or before the fourteenth (14th) of the
Resolution No. 2018-098 N.C.S. Page 113
calendar month shall be credited with one (1) day of sick leave at the end of that month.
Employees hired on or after the fifteenth (15th) of the calendar month shall not be credited
with any sick leave for that calendar month.
(E) For the purpose of charging sick leave, the minimum sick leave chargeable will be one (1)
working hour.
13.3 Sick Leave — General
(A) On taking sick leave time, the employee must notify his/her department director either prior
to, or within thirty (30) minutes after, the time set for beginning his/her daily duties.
(B) 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.
(C) When an employee is absent for more than three (3) consecutive days, the department
director may require a doctor's certificate for such sick leave absence.
(D) 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.
(E) 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 21.
(F) Upon the expiration of a leave of absence quoted under section 21, 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.
(G) The City Manager may revolve pay and sick leave time if the employee is not 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.
(H) No penalties shall be imposed on employees for taking justifiable sick leave to which the
employee is eligible.
13.4 Sick Leave — Transfer
Employees wishing to donate hours of sick leave to another employee may voluntarily do so by
sending approval by his/her department director to the Human Resources office, naming the
individual to receive the sick leave and the amount donated, with the following restrictions:
(A) Employees who wish to transfer sick leave must retain a minimum of one -hundred -sixty
(160) hours sick leave.
Resolution No. 2018-098 N.C.S. Page 114
(B) Transfer amounts shall be limited to the number of actual hours needed and used by the
recipient.
(C) Any donated sick leave hours unused by a recipient shall be returned to the donor.
(D) The employee receiving the sick leave transfer must have zero (0) hours of accrued sick
leave, vacation, and accrued compensatory time.
(E) Employees may not buy or sell sick leave, only the time may be transferred.
(F) Employees may not transfer sick leave upon separation of service.
(G) Transfers shall only be allowed between all Units.
13.5 Sick Leave — Retirement Pam
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 (50%) percent 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.
SECTION 14 — LEAVES — INDUSTRIAL INJURY LEAVE
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 (160) work hours when the employee's absence has been occasioned by injury suffered during
his/her employment and he/she receives workers' compensation, he/she shall receive full pay.
Medical appointments related to industrial injury or illness shall be calculated on an hourly basis.
Following this period, sick leave may be a supplement to the workers' benefits provided the
employee. Compensation is at his/her regular rate for a period not to exceed six (6) months, or
until such sick leave is exhausted, or the disability is abrogated, or that employee is certified
"permanent and stationary" by a competent medical authority. The City shall pay him/her the
regular salary, based on the combination 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 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 MOU.
SECTION 15 — LEAVES — BEREAVEMENT LEAVE
An employee shall be granted up to thirty-two (32) hours of bereavement leave in the event of
death in the employee's immediate family. For the purpose of bereavement leave, immediate
family shall mean spouse, qualified domestic partner, father, father-in-law, mother, mother-in-law,
brother, brother-in-law, sister, sister-in-law, child (including stepchildren), step-parents,
grandparents and grandchildren or person with whom the employee has a relationship in loco
parentis. Up to an additional eight (8) hours of accrued sick leave may be granted to supplement
bereavement leave.
Resolution No. 2018-098 N.C.S. Page 115
In the event an employee must travel more than three -hundred (300) miles to attend a funeral or
memorial service, an additional eight (8) hours of bereavement leave shall be granted instead of
the use of eight (8) hours of sick leave.
SECTION 16 — LEAVES — VICTIMS OF DOMESTIC VIOLENCE AND
SEXUAL ASSAULT LEAVE
California Labor Code 230 and 230.1 allows use of such leave for Victims of Domestic Violence
for any of the following: to seek medical attention for related injuries; to obtain services from a
domestic violence shelter, program or rape crisis center; to obtain psychological counseling; or to
participate in safety planning. Certification of need may be required in the form of a police report,
protection order, and documentation from court or from a medical professional, domestic violence
advocate or counselor.
The City of Petaluma provides appropriate leave, in accordance with California Labor Code
Section 230.
SECTION 17 — LEAVES — MILITARY LEAVE
The City of Petaluma shall grant military leave benefits to eligible employees in accordance with
California's Military Leave Laws found in Military & Veteran's Code 389 et seq., the Federal
Uniformed Services Employment and Re-employment Rights Act (USERRA), found at 389
U.S.C. 4301 et seq., and the City of Petaluma Resolution No. 2004-200 N.C.S. Employees in the
Ready Reserves of the Armed Forces who are ordered to active military duty or training under
Executive Order 13223, shall have continued benefits in effect throughout his/her active duty
training for a period of three hundred sixty-five (365) calendar days or until the date of discharge
from military service, whichever occurs first, unless this policy is changed by action of the City
Council.
SECTION 18 — LEAVES — ELECTION OFFICER LEAVE AND VOTING LEAVE
When an employee's actual work schedule otherwise would prevent the employee from voting in
any State, County, or General election, the employee may be granted up to two (2) hours of paid
time to vote, in accordance with Election Code 14000. The employee must provide the City with
at least two (2) working days' notice that he/she will be taking time off to vote.
SECTION 19 — LEAVES — SCHOOL VISITATION LEAVE
An employee may take up to forty (40) hours off in a year to participate in his/her child's school
activities, in accordance with California Labor Code Section 230.8.
SECTION 20 — LEAVES — LEAVE OF ABSENCE WITHOUT PAY
The City Manager may grant a regular or probationary employee leave of absence without pay
pursuant to State and Federal Law. Good cause being shown by a written request, the City Manager
may extend such leave of absence without pay or seniority or benefits for an additional period not
to exceed six (6) months. No such leave shall be granted except upon written request of the
employee setting forth the reason for the request, and the approval will be in writing. Upon
Resolution No. 2018-098 N.C.S. Page 116
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 21— LEAVES — JURY DUTY LEAVE
Any employee summoned for jury duty shall be entitled to a leave of absence with full pay for
such period of time as may be required to attend the court in response to such summons. Any
employee may retain payment for travel, but shall make payable to the City any and all fees which
the employee may receive in payment for service as a juror. For Grand Juries, this compensation
shall not extend beyond twenty (20) working days.
For the purposes of this section, time served as a juror or as a witness, compelled to appear on
behalf of the City 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 during one twenty-four (24) hour period.
SECTION 22 - FAMILY CARE AND MEDICAL LEAVE (FMLA & CFRA)
22.1 FMLA and/or CFRA Leave
The City shall provide family and medical care leave for eligible employees as required by City
policy, state and federal law and as specifically provided in the Federal Family and Medical Leave
Act of 1993 (FMLA) and the California Family Rights Act of 1993 (CFRA). If possible, employees
must provide thirty (30) days advance notice of leave.
22.2 FMLA and/or CFRA — Second Opinion
The employee shall provide the City with a health care provider certification. The City, at City
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 City expense shall be sought.
SECTION 23 — LEAVES — PREGNANCY DISABILITY LEAVE
The City shall provide pregnancy disability leave (PDL) for eligible employees as required by City
policy and applicable state law and as specifically provided in the Fair Employment and Housing
Act and the Family Medical Leave Act. If possible, employees must provide thirty (30) days
advance notice of leave.
SECTION 24 — DISCRIMINATION, HARASSMENT & RETALIATION PROHIBITED
The City and its employees are prohibited from discriminating against an applicant or employee
because the employee is in a "protected class" (based on age, race, etc.) in taking any personnel
actions (such as hiring, promotion, discipline, etc.) Employees are prohibited from harassing
any employees due to race, sex, age, etc. The City and its employees are prohibited from
Resolution No. 2018-098 N.C.S. Page 117
retaliating against an employee because the employee has filed a complaint of discrimination or
harassment or opposed actions by other employees that constituted discrimination or harassment.
SECTION 25 — REASONABLE ACCOMMODATION
In accordance with the California Fair Employment and House Act (FEHA) and the Americans
with Disability Act (ADA), the City will reasonably accommodate any known protected disability
of an employee.
SECTION 26 — CALIFORNIA PUBLIC EMPLOYEES' RETIREMENT SYSTEM
The Union and the City have reached agreement on establishing a different level of benefits (two-
tiered retirement) for newly hired Miscellaneous employees. Effective upon agreement with the
City's other Miscellaneous bargaining units; the City shall amend its contract with CalPERS. The
amended contract shall provide that Miscellaneous employees hired after the effective date of the
amendment, shall receive the 2% at 60 formula retirement plan and the three-year final average
compensation; instead of the current benefit of 2% at 55 formula retirement plan and one-year
final average compensation.
The establishment of this second tier of benefits shall not affect the benefits currently in effect for
employees hired prior to the effective date of the CalPERS contract amendment.
The City provides Miscellaneous employees with the two percent (2%) at fifty-five (55) formula
retirement plan. The City's contract with CalPERS includes the following optional benefits:
• Third Level - 1959 Survivor's Benefit as provided in Section 21573 (April 5, 1999).
• Military Service Credit as provided in Section 21024 (January 1, 1992).
• One -Year Final Compensation as provided Section 20042 (November 1, 1980).
• Credit for Unused Sick Leave as provided in Section 20965 (November 1, 1980).
• Cost of Living Allowance two percent (2%) as provided by Section 21329 (April 1, 1971).
• Retired Death Benefit of five -hundred ($500.00) as provided in Section 21620 (December 1,
1969).
• Death Benefit Continues as provided in Section 21551 (January 1, 2000).
• Prior Service Credit as provided in Section 20055 (January 1, 1950).
The City shall continue to defer that portion of the employee's contribution paid to CalPERS
through Section 414(h)(2) of the Internal Revenue Code pursuant to City of Petaluma Resolution
90-363 N.C.S.
SECTION 27 — HEALTH BENEFITS — ACTIVE EMPLOYEES
27.1 Active Employees — PEMHCA Contribution
The City currently provides health benefits through the California Public Employees' Retirement
System (CaIPERS) Health Benefits Program under the Public Employees' Medical and Hospital Care
Act (PEMHCA). The City's employer contribution for each employee's health benefits shall be the
minimum required by PEMHCA. The City pays this contribution directly to CalPERS. This amount
is established annually by PERS and is the minimum amount the agency must pay on behalf of the
employee for medical insurance. It is separate and apart from the annual health insurance rates and the
additional contribution noted in Section 27.2 Additional Contribution — Effective January 1, 2018.
Resolution No. 2018-098 N.C.S. Page 118
27.2 Additional Contribution — Effective January 1, 2018
The amount of the City's additional contribution for current employees and their covered family
members shall be $614.52 for employee only, $1,355.38 for employee plus one, and $1,799.91 for
employee plus two or more. These amounts do not include the City PEMCHA contribution identified
in Section 27.1 Active Employees — PEMHCA Contribution. The City's additional contribution shall
not exceed these amounts unless and until a different amount is negotiated by the parties.
Coverage
2018 Health Rates
PEAHICA
2018 Health Rate
City's Benefit
Total 2018 City's
Employee
(Based on 2018 Kaiser
Contribution
Less the PEMHCA
Contribution of
Contribution Rate
Contribution
Permanente Rates)
(Added to the City's
Contribution
95%
KAISER
Benefit Contribution)
Employee only
$779.86
$133.00
$646.86
$614.52
$747.52
$32.34
Employee +l
$1,559.72
$133.00
$1,426.72
$1,355.38
$1,488.38
$71.34
Employee +2or
$2,027.64
$133.00
$1,799.91
$1,932.91
$94.73
more
$1,894.64
For example, the 2018 Kaiser health rate for an employee electing employee only coverage is $779.86.
The PEMHCA contribution ($133.00) is subtracted frorn the 2018 Kaiser health rate ($779.86) to attain
the 2018 health rate less the PEMHCA contribution ($646.86). The 2018 health rate less the PEMHCA
contribution ($646.86) times ninety-five percent (95%) equals the City's benefit contribution of 95%
($614.52). The PEMHCA contribution ($133.00) is added to the City's benefit contribution of 95%
($614.52) to attain the total 2018 City's contribution rate ($747.52). The total 2018 City's contribution
rate ($747.52) is subtracted from the 2018 Kaiser health rate of $779.86 to attain the monthly employee
contribution rate of $32.34.
27.3 Additional Contribution— Effective January 1, 2019
The 2019 CalPERS premium for Kaiser — Bay Area is unknown. The required 2019 PEMHCA
contribution is one -hundred -thirty-six dollars ($136.00). Effective January 1, 2019, the City shall pay
the additional benefit that depends upon the actual percentage increase in the Kaiser — Bay Area
premium.
The City's benefit contribution for 2019 shall be equal to the actual 2019 CalPERS Health premium
for Kaiser — Bay Area, less the City's PEMHCA contribution, times ninety-five percent (95%) for
current employees and their covered family members.
27.4 Additional Contribution — Effective January 1, 2020
The 2020 CalPERS premium for Kaiser — Bay Area and required 2020 PEMHCA contribution are
unknown. Effective January 1, 2020, the City shall pay the additional benefit that depends upon the
actual percentage increase in the Kaiser — Bay Area premium.
The City's benefit contribution for 2020 shall be equal to the actual 2020 CalPERS Health premium
for Kaiser — Bay Area, less the City's PEMHCA contribution, times ninety-five percent (95%) for
current employees and their covered family members.
Resolution No. 2018-098 N.C.S. Page 119
27.5 Employee Contribution
Employees shall contribute to his/her Ca1PERS Health Premium in the amounts less the City's
PEMHCA contribution and less the additional benefit dollar paid by the City.
SECTION 28 — HEALTH BENEFITS — RETIRED EMPLOYEES
28.1 Retired Employees — Ca1PERS and the PEMHCA
The City currently provides health benefits through the California Public Employees' Retirement
System (Ca1PERS) Health Benefits Program under the Public Employees' Medical and Hospital Care
Act (PEMHCA). In order to be eligible to receive health benefits through CalPERS upon retirement,
a City of Petaluma employee must meet the following definition of "annuitant" under CalPERS law:
(A) employee must be a member of CalPERS; and
(B) employee must retire within 120 days of separation from employment with the City of
Petaluma and receive a monthly retirement allowance from Ca1PERS.
28.2 "Unequal Contribution" Method for Health Care Premium Payments for Retirees
The City uses the "unequal contribution" method for health care premium payments for annuitants
(retirees), as permitted under Government Code section 22892. Under this method, the City is required
annually to increase the total monthly annuitant health care contribution to equal an amount not less
than the number of years the City has been in the PEMHCA program multiplied by five percent (5%)
of the current monthly employer contribution for active employees until the time the City's
contribution for annuitants equals the City's PEMHCA contribution paid for active employees.
By way of explanation, for calendar year 2012, the formula for determining the City's PEMHCA
contribution for retirees is as follows: 18 years in the PEMHCA program x 5% = 90% x $112.00
(minimum employer contribution for active employees for 2012) = $100.80
For calendar year 2013, the formula for determining the City's PEMHCA contribution for retirees is
as follows: 19 years in the PEMHCA program x 5% = 95% x $115.00 (minimum employer
contribution for active employees for 2013) = $109.25.
Effective calendar year 2014, the "unequal contribution" method for health care premium payments
for annuitants (retirees) will be at the twenty-year mark. Thus, the City's contribution for the
PEMHCA program will be at 100% (5% x 20 years). Therefore the monthly employer contribution for
annuitants is the required minimum PEMHCA contribution.
The City pays this contribution directly to CalPERS. The retiree is required to contribute to the cost
of the health benefit coverage. The retiree's monthly contribution shall be the cost of the monthly
health benefit premium less the amount of the City's contribution.
28.3 CalPERS Annuitant — PEMHCA Health Benefits
In accordance with the PEMHCA provisions, if an employee is a CalPERS annuitant as defined in
Section 28.1 and receives health benefits under the PEMHCA, the employee is eligible to receive
the City's PEMHCA contribution amount specified in Section 28.5 below, regardless of the
number of years of service with the City of Petaluma.
28.4 Less Than 20 Years of Service —Not Receiving PEMHCA Health Benefits
Resolution No. 2018-098 N.C.S. Page 120
An employee with less than twenty (20) years of service with the City of Petaluma who is not
enrolled in the Ca1PERS health benefit program does not receive any retiree benefit from the City.
28.5 Less Than 20 Years of Service — Receiving PEMHCA Health Benefits
An employee with less than twenty (20) years of service with the City of Petaluma who is a Ca1PERS
annuitant as defined in Section 24.1 and enrolled in the Ca1PERS health benefit program is eligible to
receive the City's PEMHCA contribution amount according to the following schedule:
Calendar
Year
City's PEMHCA Contribution
2016
$125.00
2017
$128.00
2018
$133.00
2019
$136.00
2020
Minimum PEMHCA contribution as set by Ca1PERS
The City's PEMHCA contribution amount is deducted from the retiree's monthly health premium
and paid to Ca1PERS directly by the City.
28.6 20 Years or More of Service — Not Receiving PEMHCA Health Benefits
An employee with twenty (20) or more years of service with the City of Petaluma who is not
enrolled in the Ca1PERS health benefits program shall receive direct payments in the amount of
one -hundred -forty dollars ($140.00) each month, effective the first month following the expiration
of health benefit coverage.
28.7 20 Years or More of Service — Receiving PEMHCA Health Benefits
An employee with twenty (20) years or more of service with the City of Petaluma who is a
Ca1PERS annuitant as defined in Section 28.1 and enrolled in the Ca1PERS health benefit program
shall receive a benefit payment of one -hundred -forty dollars ($140.00) per month as specified in this
section.
The City's cash retiree benefit is sent directly to the retiree.
The following chart indicates the amount of the City's PEMHCA contribution and the amount of cash
payment to the retiree in coming years.
Calendar
Year
City PEMHCA
Contribution
City Cash Retiree Benefit
Total Benefit
Amount
2016
$125.00
$15.00
$140.00
2017
$128.00
$12.00
$140.00
2018
$133.00
$7.00
$140.00
2019
$136.00
$4.00
$140.00
2020
Minimum PEMHCA
contribution as set by
Ca1PERS
Total benefit amount of $140.00
minus the City monthly
PEMHCA contribution
$140.00
Resolution No. 2018-098 N.C.S. Page 121
It is the responsibility of the retiree to notify the City in writing if he/she is no longer participating in
the CalPERS health benefit program. Following receipt of the written notice, the City will commence
direct payment of the one -hundred -forty dollars ($140.00) at the beginning of the following month.
SECTION 29 — CASH IN -LIEU OF HEALTH AND DENTAL BENEFITS
Employees with health and/or dental benefit insurance coverage from a source other than the City,
or employees with health and dental benefit insurance coverage from a City employee, may request
cash in -lieu of health and dental benefits. To be eligible for the cash in -lieu benefit program,
employees must waive his/her coverage under the City's health and/or dental benefits, agree to the
terms and conditions of the cash in -lieu benefit program, and have written
verification of health and/or dental benefits insurance.
The cash in -lieu amount for health coverage shall be in the amount of fifty percent (50%) of the
health insurance premium amount of the Ca1PERS Kaiser - Bay Area that the City would otherwise
pay for the employee and his/her family members. The cash in -lieu amount for dental insurance
benefits shall be in the amount of fifty percent (50%) of the established dental program composite
rate.
Upon declining medical and/or dental insurance, the employee will be required to meet the terms
and conditions regarding the City's medical and/or dental plan. If an employee decides to stop
receiving the medical/dental cash back and wishes to re -enroll into the City's medical and/or dental
plan, then he/she must meet the current terms and conditions of the City's medical and/or dental
plan. The City cannot guarantee that once the employee leaves a particular medical and/or dental
plan, he/she may be able to re -enroll in his/her prior plan and under the same terms and conditions
of his/her prior plan.
Employees hired on or after 10/10/16
For new City employees hired on or after October 10, 2016, the cash in -lieu amount for health
benefits shall be $400.00. Employees hired on or after ratification and approval shall not be eligible
for cash -in lieu for dental benefits.
Upon declining medical insurance, the employee will be required to meet the terms and conditions
regarding the City's medical plan. If an employee decides to stop receiving the medical cash back
and wishes to enroll into the City's medical plan, then he/she must meet the current terms and
conditions of the City's medical plan.
SECTION 30 — SECTION 125 PLAN
The City of Petaluma has established and shall offer to eligible employees an Internal Revenue
Code (IRC) Section 125 plan. The Section 125 plan is subject to federal law and plan provisions.
The Section 125 Plan offered by the City provides employees with a tax savings through the
following programs:
(A) Pre -Tax Health Insurance Premiums:
This program allows employees to pay his/her share of health insurance premiums with
pre-tax dollars.
Resolution No. 2018-098 N.C.S. Page 122
(B) Flex Spending Accounts (FSAs):
(1) Medical Reimbursement
This program permits employees to pay for common out-of-pocket medical
expenses (not covered by insurance) such as deductibles, co -pays, and vision and
dental care with pre-tax dollars.
(2) Dependent Care Reimbursement
This program permits employees to pay for most child and/or dependent care
expenses with pre-tax dollars.
SECTION 31— DENTAL INSURANCE
The City shall continue to provide dental coverage and pay the total premium costs for the
employee and eligible dependents for the term of the Memorandum of Understanding. The annual
maximum benefit amount is two thousand dollars ($2,000.00) per person. Orthodontic coverage
(for dependent children only) shall be provided at 50% of the dentist's allowed fee (subject to a
$2,000.00 lifetime maximum per dependent child). Dependent Children are eligible for dental and
orthodontic coverage from birth to age 26.
SECTION 32 — VISION INSURANCE
The City shall provide a vision plan for employees and eligible dependents. The cost shall be paid
for by the City. Employees are eligible for eye exams once a calendar year with a twenty-five
dollar ($25.00) copay. Frames are available once a calendar year with a maximum benefit of one-
hundred- eighty dollars ($180.00) and cosmetic contact lenses are available once a calendar year
with a maximum benefit of one -hundred -eighty dollars ($180.00).
SECTION 33 — LIFE INSURANCE
The City shall provide for a group term life insurance program for the City employees in this Unit.
The City shall pay, during the course of the MOU, the insurance cost towards employee only
coverage for such insurance in the principle sum of seventy-five thousand dollars ($75,000.00).
SECTION 34 — DISABILITY INSURANCE
34.1 Short — Term Temporary Disability Benefit Program
The City has established and shall provide eligible employees with a short-term temporary
disability benefit program in accordance with administrative policy.
34.2 Short — Term Disability Insurance — Voluntary
The City agrees that employees in this unit may, on a purely voluntary basis and at his/her own
expense, participate in a voluntary short-term disability insurance, as long as the number of
employees electing to participate in the program meets the minimum participation standards set
by the carrier.
34.3 Long — Term Disability Insurance
The City shall provide for a long-term disability plan, with the premium to be paid for by the City.
SECTION 35 — EMPLOYEE ASSISTANCE PROGRAM
Resolution No. 2018-098 N.C.S. Page 123
The City will provide an Employee Assistance Program to employees and his/her immediate
families. This licensed counseling service will provide assistance and referrals for marriage and
family problems, alcohol and drug dependency, emotional, personal, and stress-related concerns
and other issues. All counseling services are confidential.
SECTION 36 — DEFERRED COMPENSATION
The City shall make available to the employees of this unit the City's Deferred Compensation Plan.
SECTION 37 — TRANSFERS AND PROMOTIONS
An employee who transfers or promotes to another City position shall, for a period of six (6)
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 38 — NEW OR CHANGED CLASSIFICATIONS
The City shall notify the Union staff representative and the president when proposing to abolish
or create a new bargaining unit position. In the event a new classification is established, the City
shall assign it to a pay grade based upon the work to be performed after comparison with other
classifications.
The City shall provide the Union staff representative and the president with a written classification
description of the new or changed classification, which shall describe the content sufficiently to
identify the classification.
Upon receipt of the City's description, the staff representative or the president of the Union, or his
designated representative, shall be afforded an opportunity to discuss the new or changed
classification and meet and confer as provided by the MMBA regarding assignment to the pay
grade with the City Manager or his representative. If the Union does not request a meeting within
five (5) work days of the receipt of the City's recommendation, it shall be deemed to be approved
by the Union.
SECTION 39 — PROBATIONARY PERIOD
All original, transfer, and promotional appointments shall be subject to a probationary period. The
probationary period shall be regarded as part of the testing process. It shall be utilized for closely
observing the employee's work performance. A probationary employee, whose performance does
not meet the required standards of work, may be rejected.
In accordance with the City's administrative policy, a minimum of a six (6) month probationary
period is required for all established classifications. However, an incumbent in a technical
classification serves a twelve (12) month probationary period; an incumbent in a clerical
classification serves a six (6) month probation period.
For promotion and/or transfer an employee's probationary period is six (6) months. Should an
employee be on a leave of absence without pay, the probationary period will be extended for that
time.
Resolution No. 2018-098 N.C.S. Page 124
During the probationary period, an employee may be rejected at any time by the City Manager
without cause and without the right of appeal.
Any employee rejected during the probationary period following a promotional or transfer
appointment shall be discharged except as provided in section Transfers and Promotions.
Promotions of employees still on probation will result in a new probationary period for the class
into which the individual was promoted.
SECTION 40 — SHARED POSITION
40.1 Shared Position
The shared position exists at the sole discretion of the City and may be abolished by the City, or
by mutual agreement of all the parties involved, or by the termination of one of the employees. A
decision made by the City to abolish a shared position shall be subject to the same rules as decisions
by the City to abolish any other position.
40.2 Sixty Days' Notice
In the event that the shared position is terminated or reallocated to a full-time position, the City
will provide a sixty (60) day notice to the employees occupying the shared position.
40.3 First Choice of Full-time Employment
If the shared position is reallocated to a regular full-time position, the employee with the most
seniority in the shared position shall be given first choice at the reallocated regular full-time
position. The other shared position employee shall be offered any vacant available regular full-
time position and/or considered for any available position for which he/she is qualified. If no
position is available, the employee(s) may displace an employee in the same department who has
less seniority in accordance with the City of Petaluma Personnel Rules and Regulations, Rule VII
"B", Layoff Policy and Procedure.
40.4 Employee Termination of Position
In the event one of the employees terminates his/her shared position for any reason, the shared
position assignment will terminate and the position will reallocate to a regular full-time position
and shall be offered to the remaining shared position employee. The remaining shared position
employee also has the option of locating another qualified employee to share the position, subject
to the City's approval of the substitution of another employee to share the position.
40.5 Shared Position — Part-time Employee
An employee who occupies the shared position shall be designated as a shared position — part time
employee. The part-time employee is regularly scheduled to work for at least forty (40) hours but
less than eighty (80) hours of work per pay period.
40.6 Work Week and Work Day
The work week shall consist of twenty (20) hours in one (1) week, based upon a fifty-two (52)
week year.
Resolution No. 2018-098 N.C.S. Page 125
40.7 Seniority
Seniority for the shared position employee shall be determined on the same basis as a regular full-
time employee.
40.8 Overtime
Overtime shall be paid in the same manner as a regular full-time employee.
40.9 Pro -rated Leave and Benefits
All leave and all benefits shall be on a pro -rated basis of 50%.
40.10 Merit Pay Step Increases and Probationary Period
Standards for merit pay, step increases a probationary period for the shared position employee
shall be on the same basis as a regular full-time employee.
SECTION 41— DISCIPLINE PROCEDURE
41.1 Discipline — Methods
When an employee has not met standards of professional conduct the City of Petaluma may impose
the following types of discipline:
(A)
Verbal Counseling
(B)
Letters of Counseling
(C)
Corrective Written Action
(D)
Suspension Without Pay
(E)
Reduction in Pay
(F)
Demotion
(G)
Disciplinary Probation
(H)
Discharge/Termination
Any authorized supervisor may initiate and recommend discipline for cause against an employee
under his/her supervision in accordance with these procedures.
41.2 Discipline — Verbal Counseling
The City may correct an employee with verbal counseling. There shall be no written notice of
verbal counseling placed in an employee's personnel file.
41.3 Discipline — Letters of Counseling
The City may correct an employee with a letter of counseling. The letter of counseling shall be
placed in an employee's personnel file. Employees may request in writing to the Department
Director with a copy to the Human Resources Department that letters of counseling which are two
(2) or more years old be destroyed when:
(A) The employee's personnel file does not contain subsequent letters of corrective action; and,
(B) There is no other current or pending corrective action at the time the employee submits
his/her request to the Department Director.
41.4 Discipline — Corrective Written Action
Resolution No. 2018-098 N.C.S. Page 126
The City may correct an employee in a written notice. The written notice shall include the basis
for the correction and by attachment any other relevant documents. The employee may within
thirty (30) calendar days respond to the City, either in writing or orally to the notice before it is
placed in his/her personnel file. If the employee chooses, he/she may prepare a written response
and have it placed with the City's written correction in his/her personnel file. There shall be no
further appeal of a written correction.
41.5 Discipline — Employee Notice
For discipline other than a written correction, the employee shall receive a written notice of the
discipline, the basis for the discipline, and by attachment other documents upon which the
discipline is based, along with notice of the right to respond, either in writing or orally, before
discipline is imposed.
If requested by the employee in writing within fourteen (14) calendar days the City shall meet with
the employee, unless a different date is set by mutual agreement.
41.6 Discipline — EmployeeRes_ponse
If the employee elects to respond to the discipline, he/she shall either provide a written request to
the City within seven (7) calendar days of receiving the notice of discipline. The request may be
accompanied by a written position statement. If requested, the Department Director shall convene
a meeting within seven (7) calendar days of receiving the request to review the employee's
response and position before discipline is imposed. The employee shall be entitled to a
representative of his/her choice, provided that the representative shall not be directly involved in
the events underlying the proposed discipline. At the meeting, the employee shall be provided an
informal opportunity to respond to the discipline and to present any information for consideration
by the Department Director. Seven (7) calendar days after the employee has been provided an
opportunity to respond to the discipline, the Department Director shall issue a written notice with
his/her decision.
41.7 Discipline — Employee Appeal
For suspension greater in severity than five (5) working days, and other discipline other than
written correction, the employee shall have the right to appeal the Department Director's decision
to the City Manager or alternatively, the Union may elect to appeal the discipline to advisory
arbitration before discipline is imposed. If the employee elects to appeal the discipline to the City
Manager, or if the Union elects to appeal the discipline to advisory arbitration, they shall within
fourteen (14) calendar days from the notice of the Department Director's final decision submit a
written request to the City Manager to appeal the discipline. If no written request is submitted to
the City Manager within the fourteen (14) daytime frame, the right of appeal is waived and the
discipline shall become final.
41.8 Discipline — Employer Review
If the employee elects to have the City Manager review the discipline, the City Manager shall
convene a meeting to review the employee's response and position before discipline is imposed.
The employee shall be entitled to a representative of his/her choice. At the meeting, the employee
shall be provided the opportunity to respond to the discipline and to present any information for
consideration by the City Manager. Fourteen (14) calendar days after the employee has been
provided an opportunity to respond to the discipline, the City Manager shall issue a written notice
with his/her decision. The City Manager's decision shall be final.
Resolution No. 2018-098 N.C.S. Page 127
41.9 Discipline — Advisory Arbitration
As an alternative, the Union may elect to appeal discipline to advisory arbitration before discipline
is imposed.
(A) The arbitrator shall be selected from a list provided by the American Arbitration
Association or the State Mediation and Conciliation Service. A list of seven names shall
be requested from either source in a manner to be jointly agreed upon by the City and
Union. The City and the Union, shall alternatively delete names from the list.
(B) The arbitrator so selected shall conduct a hearing as expeditiously as possible at a time and
place convenient to the City, the employee and the Union.
(C) The arbitrator shall have the authority to convene the hearing, receive evidence through
testimony and documents and to make findings of fact and conclusion whether the
discipline was for just cause and whether the discipline was appropriate. The arbitrator may
recommend an outcome, but the final authority rests with the City Manager.
(D) Within thirty (30) calendar days after the hearing, the arbitrator shall submit in writing
his/her advisory recommendations to the City Manager and the employee.
(E) Within fourteen (14) calendar days of receipt of the arbitrator's advisory recommendations,
the City Manager shall issue a final decision. The City Manager's decision shall be final.
(F) Any costs associated with the arbitration hearing shall be borne equally by the City and
Union.
(G) City employees who are employed "at -will," or who are temporary or probationary, are not
subject to the requirement of good cause, and are not entitled to these discipline procedures.
SECTION 42 — GRIEVANCE PROCEDURE
42.1 Purpose of the Procedure
The purpose of the grievance procedure is to process and resolve grievances arising out of the
interpretation, application, or enforcement of the express terms of this agreement; to promote
improved employer-employee relations by establishing procedures for resolving such grievances;
to afford employees individually or through his/her recognized employee organization a systematic
means of obtaining further consideration of such grievances after every reasonable effort has failed
to resolve them through discussions; to provide that the grievances shall be settled as near as
possible to the point of origin; to provide that the grievance procedure shall be conducted as
informally as possible.
"Grievance" is defined as any dispute concerning the interpretation, application, or enforcement
of the express terms of this agreement (not including disputes regarding or appeals of disciplinary
actions).
42.2 Conduct of Grievance Procedure
(A) The time limits specified below may be extended to a definite date by mutual agreement
of the employee, his/her representative, and the reviewer concerned.
Resolution No. 2018-098 N.C.S. Page 128
(B) The employee may request the assistance of another person of his/her own choosing in
preparing and presenting his/her grievance at any level of review.
(C) The employee and his/her representative may be permitted to use a reasonable amount of
work time as determined by the appropriate department director in conferring about and
presenting the grievance.
(D) Employees shall not be retaliated against for using the grievance procedures.
42.3 Grievance Procedure
(A) Step One
An employee, a group of employees or the Union who has a grievance (as defined above)
should first try to get it settled through an informal discussion with his/her immediate
supervisor without undue delay. The employee, a group of employees or the Union must
present the grievance within thirty (30) working days of the event(s) giving rise to the
grievance or the grievance shall be deemed untimely. Every effort should be made to find
an acceptable solution by informal means at his/her lowest possible level of supervision.
If the employee is not in agreement with the decision reached by the informal discussion
in Step One, the employee shall have the right to elevate the grievance to Step Two.
(B) Step Two
To elevate to Step Two, the employee shall submit a written grievance within ten (10)
working days after the informal discussion with the immediate supervisor. The written
grievance shall specify the term of the agreement at issue and the factual basis of the
grievance. The immediate supervisor shall render a decision in writing and return it to the
employee within ten (10) working days after receiving the written grievance.
If the employee is not in agreement with the written decision rendered by his/her immediate
supervisor, the employee shall have the right to elevate the grievance to Step Three.
If the employee does not receive a decision in writing from his/her immediate supervisor
within fifteen (15) working days of the employee's submission of the written grievance,
the employee may elevate the grievance to Step Three.
Failure of the employee to take further action within the days specified shall be considered
by the City as dropping the grievance.
(C) Step Three
To elevate to Step Three, the employee shall present the written grievance within ten (10)
working days after receiving the immediate supervisor's written decision, or if no decision
is rendered, within fifteen (15) working days of the employee's submission of the written
grievance to his/her immediate supervisor.
If the next level of supervision is not a department director, the next level supervisor, or
manager shall discuss the grievance with the employee, and his/her representative if
requested, and any other person the supervisor or manager deems appropriate. The
supervisor or manager shall render a decision in writing, and return it to the employee
within ten (10) working days after receiving the written grievance.
Resolution No. 2018-098 N.C.S. Page 129
If the employee is not in agreement with the written decision rendered by his/her supervisor
or manager, the employee shall have the right to elevate the grievance to Step Four.
If the employee does not receive a decision in writing from his/her supervisor or manager
within fifteen (15) working days of the employee's submission of the written grievance,
the employee may elevate the grievance to Step Four.
Failure of the employee to take further action within the days specified shall be considered
by the City as dropping the grievance.
(D) Step Four
To elevate to Step Four, the employee shall present the written grievance within ten (10)
working days after receiving the supervisor or manager's written decision, or if no decision
is rendered, within fifteen (15) working days of the employee's submission of the written
grievance to the supervisor or manager.
The department director shall discuss the grievance with the employee, and his/her
representative if requested and any other person the department director deems appropriate.
The department director shall render a decision in writing, and return it to the employee
within ten (10) working days after receipt of the written grievance.
If the employee is not in agreement with the written decision rendered by his/her
department director, the employee shall have the right to elevate the grievance to Step Five.
If the employee does not receive a decision in writing from his/her department director
within fifteen (15) working days of the employee's submission of the written grievance,
the employee may elevate the grievance to Step Five.
Failure of the employee to take further action within the days specified shall be considered
by the City as dropping the grievance.
(E) Step Five
To elevate to Step Five, the employee shall present the written grievance within ten (10)
working days after receiving the department director's written decision, or if no decision
is rendered, within fifteen (15) working days of the employee's submission of the written
grievance to the department director.
The City Manager, or a designated representative, shall discuss the grievance with the
employee, and his/her representative if requested, and with other appropriate persons the
City Manager deems appropriate. The City Manager may designate a fact-finding
committee or officer not in the normal line of supervision, to advise him/her concerning
the grievance. The City Manager shall render a decision in writing to the employee within
twenty (20) working days after receipt of the written grievance. The City Manager's
decision shall be final.
Resolution No. 2018-098 N.C.S. Page 130
SECTION 43 — LAYOFF AND RECALL
43.1 Layoffpplication
Should the City 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 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's own employees. It is not
the intention of the City to contract out work normally performed by bargaining unit employees.
If the City proposes to abolish a position, whether filled or vacant, the City will notify the Union
and afford the opportunity to meet and confer.
43.2 Layoff — Employer Right
Whenever, in the judgment of the City Council, it becomes necessary to abolish any position of
employment due to a re -organization 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.
43.3 Layoff — Employee Notification
Employees to be laid off shall be given, whenever possible, at least fourteen (14) calendar days'
prior notice.
43.4 Layoff — Vacancy and Reclassification
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 43.7 is qualified. All persons so demoted
shall have his/her names placed on the re-employment list.
43.5 Layoff — Employeeghts
An employee affected by layoff shall have the right to displace an employee in the same
department who has less seniority in 1) 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 43.6, seniority includes all periods of full-time service at or above the
classification level where the layoff is to occur.
43.6 Layoff — Seniority
In order to retreat to a former or lower classification, an employee must have more seniority than
at least one (1) of the incumbents in the retreat classification, be qualified to hold the retreat
classification or have served in the retreat classification prior to the layoff and request displacement
action in writing to the Human Resources office within five (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
Resolution No. 2018-098 N.C.S. Page 131
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 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 completed a probationary period in the retreat
classification or a higher classification in the series.
43.7 Layoff — Order of
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.
43.8 Recall — Re -Employment List
The names of persons laid off or demoted in accordance with these rules shall be entered upon a
re-employment list. Lists from different departments or at different times for the same
classification of position shall be combined into a single list based on seniority. Such list shall be
used by every appointing authority when a vacancy arises, based on seniority, in the same or lower
classification of position before certification is made from an eligible list.
43.9 Recall — Duration of Re -Employment List
Names of persons laid off shall be carried on a re-employment list for two (2) years.
SECTION 44 — EMPLOYEE PERSONNEL FILE
44.1 Employee Personnel File — Right to Inspect
An employee (or employee representative with written authorization from the employee) shall
have the right to inspect and review his/her employee personnel file. The employee's personnel
file shall be made available to the employee for inspection and review at a mutually agreeable time
between the employee and Human Resource office staff member.
44.2 Employee Personnel File — Acknowledgement Adverse Comments
Before any adverse comments are placed in an employee's personnel file, the employee shall be
given a copy of the material to be placed in his/her file; and written notice that the material will be
placed in his/her personnel file. The material shall contain either a written acknowledgment that
the employee has received the material and the notice, or a statement signed by the person who
delivered the material that the employee refused to sign such an acknowledgment. The employee
may write a response to the document containing the adverse comment for placement in his/her
personnel file.
SECTION 45 — OTHER
Resolution No. 2018-098 N.C.S. Page 132
45.1 Performance Evaluations
(A) Performance evaluations are a process designed to acknowledge the performance of an
employee.
(B) A probationary employee shall receive at least one (1) performance evaluation during
his/her probationary period at or near the midpoint of the probationary period.
(C) 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.
45.2 Safety Committee
The City agrees that it has the obligation to take reasonable steps to furnish employment and a
place of employment, which is safe and healthful for its employees.
The Union may report to the City any condition, which it perceives to be a working condition that
is less than safe or healthful. Upon receiving such a report, the City agrees to meet with the Union
to discuss the reported condition.
A Safety Committee composed of one (1) employee of this Unit and an employee of management
shall meet with other Unit designees in a Safety Committee that shall meet at least twice (2x)
yearly to discuss safety practices, methods of reducing hazards, safety training, building
inspections and other mandatory elements of the City's Injury and Illness Prevention Program.
SECTION 46 — MUTUAL ACCEPTANCE AND RECOMMENDATION
This document represents the final and complete Agreement resulting from the 2018 Meet and
Confer sessions with the American Federation of State, County and Municipal Employees,
AFSCME, 675, Unit 3, Clerical/Technical.
Representatives of the City and Unit 3 acknowledge that they have fulfilled his/her mutual
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 and Unit 3,
who have the approval of his/her members, agree to recommend for acceptance and approval to
the City Council of the City.
The parties affix his/her signatures as constituting mutual acceptance and recommendation of this
Memorandum of Understanding to become effective July 1, 2018, upon acceptance and approval
of the City Council.
AMERICAN FEDERATION OF STATE, COUNTY, AND MUNICIPAL EMPLOYEES
Resolution No. 2018-098 N.C.S. Page 133
Larry Hendel, Business Agent, AFSCME Date
Ken Whaley, Union President, AFSCME
Date
/s/
Mike Seslar, Union Vice -President, AFSCME
Date
/s/
Leslie Manning, Treasurer, AFSCME
Date
/s/
Suzanne Terry, Secretary, AFSCME
Date
CITY OF PETALUMA
/s/
John Brown, City Manager
Date
/s/
Amy Reeve, Director of Human Resources
Date
Resolution No. 2018-098 N.C.S. Page 134
EXHIBIT A - SALARY TABLE
AFSCME - Local 675, Clerical/Technical Unit 3
EFFECTIVE FIRST FULL PAY PERIOD IN JULY 2018 FACTORING IN 3% WAGE
INCREASE & JULY 2018 0.75% PERS COST -SHARE
CLASSIFICATION
1
2
3
4
5
Accounting Assistant I
21.63
22.71
23.84
25.04
26.29
Accounting Assistant II
24.87
26.11
27.42
28.79
30.23
Accounting Technician
27.37
28.74
30.18
31.68
33.26
Administrative Assistant
29.09
30.54
32.06
33.68
35.36
Administrative Technician
30.56
32.09
33.70
35.38
37.14
Assistant in Civil Engineering
35.65
37.42
39.28
41.26
43.32
Assistant in Traffic Engineering
34.72
36.45
38.29
40.20
42.21
Building Inspector I
29.50
30.98
32.53
34.17
35.87
Building Inspector II
36.95
38.78
40.72
42.76
44.89
Code Enforcement Officer
30.50
32.02
33.62
35.31
37.07
Engineering Technician I
25.93
27.21
28.57
30.00
31.50
Engineering Technician II
31.08
32.64
34.27
35.98
37.78
Engineering Technician Senior
35.65
37.42
39.28
41.26
43.32
Environmental Compliance Inspector
35.75
37.54
39.42
41.40
43.46
Environmental Services Technician
31.10
32.65
34.28
35.99
37.79
Geo Info Systems Technician I
23.11
24.27
25.48
26.75
28.10
Geo Info Systems Technician II
30.52
32.03
33.63
35.32
37.09
Laboratory Analyst
31.10
32.65
34.28
35.99
37.79
Mail Services Assistant
20.68
21.72
22.80
23.95
25.14
Mechanical Technician
34.20
35.90
37.69
39.58
41.55
Office Assistant I
19.53
20.52
21.54
22.60
23.74
Office Assistant II
22.45
23.58
24.77
26.00
27.31
Permit Processing Technician
26.57
27.89
29.29
30.76
32.30
Plans Examiner
39.66
41.63
43.73
45.91
48.20
Plans Examiner/ Dep. Chief Building Official
42.87
45.0.1
.47.26
49.63
52.11
Police Records Assistant I
20.55
21.59
22.66
23.79
24.98
Police Records Assistant II
23.63
24.82
26.06
27.37
28.74
Public Works Inspector I
36.44
38.26
40.18
42.19
44.30
Public Works Inspector II
39.21
41.18
43.23
45.39
47.66
Revenue Development Specialist
27.07
28.42
29.84
31.34
32.91
Secretary
25.04
26.29
27.60
28.97
30.43
Senior Building Inspector
39.66
41.63
43.73
45.91
48.20
Senior Mechanical Technician
40.18
42.19
44.31
46.53
48.83
Water Resources Technician
38.13
40.04
42.03
44.15
46.34
Resolution No. 2018-098 N.C.S. Page 135
EXHIBIT B - DEFINITION OF TERMS
The following definitions apply throughout this MOU unless the context requires another meaning:
• The terms "employee" and "employees" as used in this MOU, (except where the MOU clearly
indicates otherwise) shall mean only an employee or employees within the unit described in
Exhibit A — Salary Table.
• The term "temporary" shall mean any individual or individuals whose employment is limited in
duration.
• The term "regular full-time employee" shall mean an employee in the competitive service who has
successfully completed the probationary period and whose normal schedule of work is forty (40)
hours per calendar work week.
• The term "regular part-time employee" shall mean an employee in the competitive service who
has successfully completed the probationary period and whose normal schedule of work is less
than a regular full-time employee.
• "Calendar day" means the twenty-four (24) consecutive hour period beginning at midnight, and
ending at midnight the following day.
• "Calendar workweek" means a consecutive seven (7) days beginning at 0001 day 1 and continuing
until 2400, 168 hours later.
• "Normal work week" means any five (5) consecutive calendar days within a calendar work week.
• "Seniority" means uninterrupted employment with the City beginning with the last date hired by
the City and shall include periods of City employment outside the Unit, but shall exclude periods
of layoff, leaves of absence without pay, and leaves of absence, except medical, in excess of thirty
(30) consecutive days, including the first thirty (30) days of such absence.
• "Probationary Employee" means an employee assigned to a regular position for a probationary
period
Resolution No. 2018-098 N.C.S. Page 136