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HomeMy WebLinkAboutResolution 98-226 N.C.S. 11/02/1998 Resolution No. 9a-2zs N.C.S. of the City of Petaluma, California RESOLUTION RATIFYING MEMORANDUM OF UNDERSTANDING EXECUTED BY THE DULY AUTHORIZED REPRESENTATIVES OF THE CITY AND THE PEACE OFFICERS' ASSOCIATION OF PETALUMA FOR EMPLOYEES OF UNIT 6 WHEREAS, the City, through its duly authorized representatives, and the Peace Officers' Association of Petaluma through it duly authorized representatives, have concluded their mutual obligation to meet and confer in good faith with respect to terms and conditions of employment for the employees in Unit 6, in accordance with the Meyers-Milias-Brown Act and the City's Employer-Employee Relations Rules and Regulations (Resolution No. SS l2 N.C.S.); and WHEREAS, the duly authorized representatives of the City and the Peace Officers' Association of Petaluma have executed a Memorandum of Understanding pursuant to Section 15, Resolution No. 5512 N. C. S. and recommend its approval by the City Council; and WHEREAS, the City Manger, pursuant to Section 28, City of Petaluma City Charter, and as the City's Municipal Employces' Relations Officer (Resolution No. 5375 N. C. S J is required and empowered to make a recommendation to the City Council on matters related to employees' compensation; and WHEREAS, the City Manger has reviewed and concurs krith said Memorandum of Understanding for Unit 6, and does recommend that the City Council ratify said Memorandum of Understanding. NOW, THEREFORE, BE IT RESOLVED the Memorandum of Understanding, being in the best interest of the City is ratified and the terms and conditions of said Memorandum of Understanding (as attached) shall be effective July 13, 1998 through June 30, 2000. Under the power and authority cronferred upon this Council by the Charter of said City. REFERENCE: I hereby certify the foregoing Resolufion was introduced and adopted by the Approved as to Council of the City of Petaluma at a (Regular) (~IWLrA9CJdXt~i14If441d meeting fO~ on the ....2Rd day of .......pl.0.VeRltJBI'-............................., 19....98 by the following vote: City Attorney AYES: Torliatt, Read, Vice Mayor Maguire, Mayor Hilligoss NOES: None ABSENT: Keller, Ha o tompe ~ ATTEST : City Cterk ?IC~Mayor ~.-..r a.... Cbmcil File..._......_......_......_....... l',1 IIbMS Rrx. Nn.......98.-.2.26...... NC.S. MENIORANDU~I OF UNDERSTANDING BETWEEN THE CITY OF P-ETALUNIA AND PEACE OFFICERS' ASSOCIATION OF PETALU\4A FISCAL YEAR 1998-?000 TABLE OF CONTENTS PREAMBLE GENERAL Section ~l . Tenn of Agreement HOURS OF WORK Section 2. Workweek COMPENSATION Section 3 Salary Section 4 [RS Tax~Exentption Section Overtime Section 6. Call Back Section 7 Compensatory Time Off Section 8 Cotu't Time,Pavment Section 9 Police~Offcer'WorkinsinaHigherClassificaiioii~ Section 10. Field Training Officer? Section 1 L Comniuiiicatioil Dispatcher - Clerk_Trainim~ / CSO Training Section 12. Police Education Incentive Pay Program Section Li. Sergeant.Promotions Section 14. Uniform Clothing Allowance Program Section 15. Holiday Pay Section 16. Sick Leave Pavment at Retirement. Section 17. Investigation Standby Section 18. Deferred Compensation Section 19. Retiree Benefit, Payment of Section 20 Medical Cashback Section 21 Spanish Bilingual Pay Section 22 Merrt INSURANCE Section 23. Health [~isurance Section 24. Dental Insurance Section 25. Life.Insurance Section 26 Lon, Term Disability Insurance Section 27 Vision Insurance Section 28 Other Health and Welfare Payments LEAVE Section 29. Vacation Section 30. Sick Leave Sectioh 3l Bereavement Leave Section 37 Military Leave Section. 33 Leave of Absence without Pay Section 34 Jury Leave Section 3~ ,Holidays Section 36. Ptegnancy Leave Section 37 Family Medical Leave THER Section 38 RetireCneiu Section 39 Giievance.Procedure Section 40 Safety Committee Section 41. Americans With Disabilities,Act Section ~2. Layoff Procedure Section 43 Ketiree N/ecliccd Trust Section 44 Cornnrittee on Tuition Keirnbursement Section 4i rLleet enul Confer on Psi~chologicrrl Finless jorDurn Section 46 Scrvin,~s~Clrruse PREAiyIBLE This document represents the Fnal and complete agreement res~ilting liom Meet and Confer sessions between the City of Petaluma and the Peace Offices` Association of Petaluma, Unit 6. Representatives of the City and~Uni[~6 acknowledge that they have fulfilled their mutual and respective obligations to Meet and Confer under the Meyets-Milias-Brown Act Asa result, the parties have come to a mutual understanding which the representatives of the City and Unit 6. who haive the approval of their members, agree to recommend for acceptance and approval of the City Council of the City of Petaluma. The parties affix their signatui'es.as constituting muriial~accep[ance and recommendation oFthis Memorandum of Understanding to commence die day following approval by the City Council GENERAL Section 1. Term of Agreement This Memorandum oFUnderstanding shall commence upon adoption by the Petaluma City Council and shallcontinue thiough June 30, 2000. The parties will commence meeting and conferring -for 2000-2001 fiscal year, not later than the end of April 2000 and dill endeavor to reach an agreement, in a;written Memorandum of Understanding for submission'to'the Gity Council for its determination, prior to the adoption by the City of its Final Budget for the subsequent Fiscal Year. No snore thcu~ three representatives of the ~Issoeintia~ mnv participrue in bcu-~aining o~i paid [sine. 6 HOURS OF WORK Section 'Workweek (A) Work- Week and Work Day. The work weekshalL,consistofforty,(40) hoyrs.in one (1) • week; based upon a fifty-two (~2) week year. Except as provided hereinafter, anon-duty work. day may consist of eight (3) hours. per day ineach of five •twenty-fow~ (24) hours-days, or ten (10) hours per day in each of four (4')°twenty-four (24) hours days, pursuanCto Section 7(k) of the Fair Labor Standards Act. (B). FLSQ Work Periods. The City has previously designated the relevant'"work period" under -the Fair LaborStandards Act as,a wenty-eight (28) ¢ay cycle for die classifications of Police Officer, Police Sergeant, Police Sergeant Investigator, and Police Officer Inves4igator. For all other classifications in thebacgaining unit;.the "work period" shall consist of a seven (7) day cycle. The City reserves the rigfi[ to determine and administer all requirements, practices, and ,procedures related to, for exanij~le, scheduling, rescheduling, shifts, watches, assignments: holidays and otfiei matters directly relatedahereto. (C) Shift Biddibg. The past practice ofsign-up by seniorih~ forshifts and days-off shall continue w~ithourchange. ("Dj x10 Shifts for Patrol. PoliceOfficers and Sergeants assigned to,patrol fimctipns,shall cortinue existing+four (4) ten;(,l'0)hourwork day during the-term ofthis Agreement (E) Non Sworn., Non Sivom classes covered 6y(this Memorandum of Understaniiing shall be placed on the (4) four / (10) ten plan. Should it be necessary o cover forvacation or other leave-for Parking Enforcement Officers, theCi~ty shall'havettiexighrto reassign those personnel to an alternate work schedule,in order to provide coverage as needed or reassign CSOs to the duties if a Parking Enforcement Officer is out for-more than Pwo weeks.. 7 COMPENSATION Section 3. Salary A) Effective the first fisll.pai~period jo[loivii:gJtily 1, 1998, [he fofloiviitgsalaries shall he institaaed: li //I IV V V/x IS vrs Investigative. Sergeant $ 26.11 $37.42 $ 28.79 $ 30.23 $ 31.,.34, $ 33.3 Police Sergeant S 26.11 $ 27.42 $ 28.79 $ 30.23 S 31.7_ S 33.3.1 Police Investigator S 21.86 $22,:96 $'24.11 $ 25.31 $ 26.58-$37.91 Police Officer S 21.86, $ 22.96 $ 24.11 $ 25.31 S 26.58 S 27.91 Evidence Technician $ 17.43 $ 18:30 $ 19.21 $ 20.17 S 21.18 $ 22.24 Police Officer Trainee S 16.41 $ 17.23 $ 18.09 $ 19.00 S 19.95 S 20.94 Parking Enforcement Officer $ 16.37 $'1:7.19 S 18.05 $ 18:95 $ 19.90 S 20.89 Community Service Officer S 16.49 $ 17.32 $ 18.18 $ 19.09 S 20.05 S ? (.:OS Public Safety Dispatcher $ 18.66 $ 19.59 $ 20.57 $ 21.60 532.68 S 23;8`1 * See Section B) Effective the first full pn~~ p,erio2l foilou-itrg July 1. 1999, all clrtsslficcrtions u~itliin the unit s/aril receive a three percetrr (3%) s61at~, increase. Section 4. IRS Tax Exemption Effective July 1; 1994, the percentage of each employee's PERS contribution previously paid by the City prior to the adoption of this MOU as-the Employer Payment of Member Co~iiribution (EPNIC) shall instead be paid to die employees. Therefore, as of July 1, 1994, each employee shall have an increased base salary that will now include.the t_o[aF amount;of the employee's- member contribution to PERS previouslypaid by the City as EPMC. The employee's member conu'ibution will be withheld From the employee's payby the City, and the Citywill make the employee's payment of the membercohtribution directlyto PERSon the employee's behalf For purposes of withholding, the City shall defer each employee's member contribution to PERS through section.4'14 (:h) (2) oFthe Tnterhal Revenue Code pursuant to City of Petaluma Resolution No. 90-362. The employee may not elect to take xliis amount in salary. The tax exemption does not apply to FICA/social security. The following~is an example of the application of IRC 414 (h) (2) as applied to a sworn officer: 8 Sworn: Apolice officei_makes'-S3,000 permonth base salary. Under the prior contract the officer was.not responsible for~payitig any portion of the required 9"/o employee contribution. The City was re"sponsible for pay 9% (or 5270.00), which was a City responsibility that was in addition to-the,~3000'base salary paid to die officer: Under the 414 (h) (2) method', the EPNIC will, revert to salary, and tlie.officer's base salary will now be $3,270:00. Of this, 9% (approximately S294.00) wilLbepaid to PERS from the 53,270. The full 9% will be tax exempt and this-means the officer will pay ta.ezs on.S2,975. The increase in base salary also means that the calculation of [he officer's overtime compensation and other wage-driven computations (suchas the computation of the cash valueof leave.balanc_esto which an employee may be entitled upon retirement) will b~e affected in the same manner as would accompany an increase in base salary. Section 5. Overtime The City shall compensate cacti employee governed by this memorandum at the rate of time and one-half at the current regu'IaCliourly~rate of pay'for approved overtime. (Off duty training time conducted "in-house" shall be compensated as overtime.) Overtime of fifteen minutes sh_ all be paid-to the nearest quarterhour. Section 6. Call Back An employee who is called back to work, excludinJ court time call-back, after having completed the employee'sxegular shift and]iaving left the City premises, shall receive a mininxmi of two (2) hours of work or two~(2)~hoursof pay, at the overtime rate'oftime and one-half at the current regular hourly rate of pay. Officers wlio are called back to work while receiving Court time Payments of the four (4) hour mininumi shall not be eligible for additional Call Back pay imder=this section. Any hours worked beyond the Court Time Payments shall be paid at the overtime rate of time and one=half a[ the current regular hourly rate of pay. Section 7. Compensatory Time Off Effective th"rough June 30 , f999 Sworn and non sworn employees mayreceive, in lieu.of being paid.for overtime, compensatory time off at a mutually agreeable time between the City and the employee. Such compensatory time off may be accrued up to a maximum of 240 hours. Any time beyond the 240 hours shall be paid at the overtime rate of one and one-half time (T-1/2). This~payment shall be automatically initiated for the following paycheck following discovery of-any excess accrual. 9 Effective July 1, 1999 Sworn and non sworn employees may receive,.in lieu of being paid for overtime, compensatory time off at a mutually agreeable time between the City and the employee. Such compensatory crime ofEmay be accrued up'to a ma~timum oP24'0`hours: Additionally, cm employee ofrlris.rurir nun%orot accrue more than 240'hour's dur-ing.crrry FiscaCYec~r. Any time beyond the 240 hours shall be paid at the overtime rate~:of one and one-half time (1-1/2). This payment shall be~ automatically initiated for the following~paycheck following discovery of any excess accrual. E.ranrple: Ifa unit member sti~rts the fiscal yecu- with ?00 hours CTA crlrendy accrued, he or s1?e rncty then aceeuecur gdditioiurl 401iours.- Qnce at the 240,hour~cnp, till 'avertirne would he pairlin-cash. During the scihre.Fiscul Year, he a- she could then, however, iise, for ezunrple 80 lrom~s of .accrued Coiirp Time, anddie balance avould drop from 240 horus to 1-60 hours. af(er wlrrclrtthe membw"coiild accruerur additional 80 hours up to the 240 houi cap. The unitnreniber a-ould noiv have_aecrued 120 hours during t/tgt fiscal veer. Evennrhlly, once dre member hcrd used and accrued n fid1240laoursduritrg the fiscal year, he ors/ie worild'no larger be~pernuiteilto accrue ntfv arldi(ional Compensatory Tirrte tlrat_yecu-, curd all overtime ivordrl be pcrirl in ecrsh. Compensatgry time shall not accrue when an employee is assigned ro work for any other employee who is taking compensatory time off. Section 8. Court Time Payments' A. The City will compensate a minimum of four hours at time and one-.half at the cw-rent regular hourly rate of pay for each employee for court appearances on his/her own time; additionally, time and one-ha1P(1-1/2) shall be compensated for all hours actually worked in court,beyondauch.four (4) hours. B. Eacli employee,covered by this Memorandum, of Understanding subpoenaed to appear in coon on his/her own time shall be required to check with the designated police department representative the evening beforethe employee covered by thisMemorandum of Understanding is scheduled to appear to determine whether the court appearance has been canceled. [Pan officer's Court appearance is canceled less than 12 hours before the scheduled appearance, and prior'to leaving his/her residence, the employee~covered by this-Memorandum of Understanding shall be compensated a minimum of hvo (2) hours at time and_one-half (1-1/2). If the employee covered by this Memorandum ofUndersfanding fails to check in with the designated police depat~tment representative the evening before the schedi{led court appearance, the employee covered by this Vlemoranditm of Understanding shall not recei~;e any court time minimum if the court appearance was canceled the night before. C. An employeesreceiving full salary while not woiking, pursuant to Labor Code Section 4850, shall nofbe granted further compensation for court time unless this court time (including all related professional activities) exceed, the number of hours in=the regular workday eight (8) or io ten (10), depending upon his or her schedule, in one day or 40 hours in one week; if such court time and related professional activities exceed eight (8) or ten (10) hours in one day(whichever is the applicable workday of 40 hours in one week) the employee shall. be compensated for such additional time at the applicable overtime rate at the regular hourly rate of pay. Section 9. Police Officer Workin? in a Higher Classification A. When a Police Officer is assigned to perform the duties of a Sergeant for a period of (our (4) hoursoor moreby the'Chief of Police or Lieutenant or the Watch Sergeant ofthe-preceding shift when the Chief or Lieutenant is not on duty, he/she shall be paid Step III of the regular hourly rate of pay of Sergeant. If the Watch Sergeant of the preceding;sliift, the Chief, or Lieutenant is unavailable due to unforeseen circumstances and_it is necessary for an officer to perform the fimctions of a-Sergeant, the Chief or Lieutenant may grant subsequent approval during his/her next normal work shift. B. Any overtime p'etformed by a,Police Officer while he.,or she is entitled to pay at the Sergeant rate, shall be compensated at one and one-half(1 - I/2) times the applicable regular hourly rate of Sergeant's pay. ~ Section 10.- Field Training~Ofticer Police Officers-who.are designated Field Training Officers `shall receive above their base regular rate of pay for any hours spent performing assigned training on all hours spent performing the assigned training and those duties directly relatedto this training (i.e. evaluation and report writing). Section fl. Communications Dispatcher-Clerk Training / CSO Training A. Communication Dispatcher Clerk ' Any Conununications Dispatcher-Clerk ~Jho is assigned to train a newly hired Communications Dispatcher-Clerk shall be paid above his/her base regular rate of pay, on all hours spent perfoming assigned trai~iin~_ and those duties dit~ectly related to this training (i.e. evaluation and report writing). B. Community Service Officer Effective the first full pcryperiodfollowing t{:e signi~ig arad ratification br the City Council of the NLOU, the City agrees that CSO's and PEO's will thereafter receive a .i% increase. above. their II hose: rate of pay.for hours spent performing assigned'FTO training duties noel those duties directly relater( to training (i. e. evahthtlon and repay writing). Section 12. Police Education Incentive Pay Propr~m , A. This Program encourages employees in specific classifications to acquire and to maintain educational:achievement. .Educational Incentive Pay shall be based on the basis of the Educational Incentive Pay / 26 pay periods and paid on a pay period basis. An employee who reaches; for the first time, salary Step-lI ofhis/her classification, and who has an Intermediate P.O.S.T. Certificate, shall qualify'to receive incentive pay commencinu with;the next full pay period after receipt by the Personnel Department of P.O.S.T. f=orm signed bythe employee and'Chief of Police. Should P.O.S.T. deny the certification, the employee shall reimburse all amounts issued under this provision. [ntermediate,P.O.S,T. of base salary .Advanced P:O.S.:T. 7% of base salary Supervisory Certificate 7°/, of base salary Section 13. Sergeant Promotions Upon promotion [o Setgeant,,Police~Ofticer in Step V ofthesalary scale, shall be~placed in Step [ll of the Sergeant salary scale. All other Officers promoted to Sergeant shall be placed in Step I of the Sergeant salary scale. Section 14. Ghiform/Clothing Allowance Program: All employees shall comply with the unifonnlclofhing requirements and procedures as established and administered by the=Police Chief. The UnifomtlClothing Allowance program•shall be paid forthe term of this Memorandum with full-annual-amount to be paid by separate check at the first'paycheck received in December of each year, using the employee's salary rate as effecti~~e on October nth of that year. A. The amount of 1-l/2% of the annual salary of the top step Police Officer per year for the classifications ofswom classifications. B. The amount of 1-1/2% of the annual salary of the top step Community Service Officer per year_foPthe,non sworn classifications excludirig Pu61ic Safety Dispatcher Clerk. i 1 '7 C. Employees hired on or after July 1, and prior to December, of each fiscal year shall be paid a full annual payment`amount by separate check at°the first pay check received in December. Employees hired on or after December 1, and prior ro June 30, of the fiscal year, shall.be paid the full annual paymerihainount on or, bzfore J~ily of the following fiscal year. D. An employee who terminates from City service;or, isr~eleased from City service shall only receive a prorated annual amount: An employee who so separates from City service after any payment has been made shall return that portion of the alloyvance determined by the lasi day in City service and the end of the fiscal year, E. Any employee~on leaveofabsence without pay, W,o'rkers°Compensation,~orleave status in excess of thirty (30) accumulative calendar days during the teen of this MOU shall receive a. • prorated.amount for [he fiscal year. Any employee receiving fidl salary while not working in excess of thirty (30) accumulatis~e calendar days pursuant to Labor Code X360 shall receive a prorated amount for the fiscal year. Section f5. Holiday Pay For those zmployees~of Unit6 wlio are required to be available~Cor regular'duty on holidays rather than receiving time off, the City of Petaluma shall grant atotal of ninety-sis (96).hours of holiday pay per fiscal year. The City shall pay for such holidays by separate check on'the first paycheck received in December; iu9ieu of giving timeo'ff. Effective the crcloptioa of this A~lenaorcfrrdunt of Unclerstcnrcling, those srra'n personnelwlro':crre crssignec(to lrrvestigiuions shall be required to work dr'eit rror,~nnl worlnde'ek inchuling holicfgvs rather t/xur receiving time off Koliday Prey for Irrnestigcrtions shall be providecLin.the nrerntrer crs proviclecl those-sworn officers working patrol. If an employee Norks only part~of a year; due to ~resigriati'oi~, terntihation, retirement, or disability, he or she will be entitled to a prorated share of the ninety -six (96) hours payment. based upon theportion:ofthe year the employee worked. Section 16. Sick Leave. Retirement In the event of retirement; an employee who has compl'e_ted ten (10) years or~ more with the City shall receivz fifty percent(~0%) of his/her accumulated but unused sick leave, not to exceed =130 trouts. [n the,evenrofa disab'ilityretirement, the disabled'employeestiall receive fifty percent (50°/~) of his/her accumulated but unused sick leave, not to exceed 600 hours. t~ Section 17. Investigation Standby As compensation for'tfie inconvenience of having to "standby", the City will compensate the Investigator on standby at the rate of S 150.00 per seven (7) day workweek of actual standby: Additionally, for each fioliday for which>tlie.imrestigator is required to standby, the City will pay the Investigatoran additional 5=10.00. Section 18. Deferred.Compensation The Petaluma Peace Officers Association will be eligible to participate in the Ciq~ of Petaliama's 457 Deferred Compensation P„„Ian Program. Section 19. Retiree Benefit, PaymenCof Tliis provision remains in effect to July 1, 1999. 1. An employee with twenty (20) years of service and who is age 50 or older and who retirees on a service tefirement during the tennof this agreement, shall be eligible Fora service benefit in the amount.equal [o S 100 less the amount contributed directly to~the PEt~ICHA premium.bythe City. This paymentshall continue as long,~as the employee continues in the PEMCHA plan as a retiree, Should'the retired employee not continue in the PENICHA plan, that retired employee shall be eligible foran amount of Sd00 asa direct paymeiu as a retiree service benefit. It is the responsibility of the retiree to notifi- the City in writing [hat he/she is not being covered by the PEi~1CHA plan and the City shall commence payment of~the:~ 100.00 at the beginning of the month following the receipt of written notice by die retiree Z. For employees retiring afterSeptember 1, 1997 wlio meet the service requirements listed in paragraph 1 above, those employees shall receive an additional 520 per month as a retiree service benefit. Should the~retired;employeenot continue in the ~PEMGHA plan, that retired employee shall be eligible for an amount of $120 asa direct payment as a retiree service benefit. It is the responsibility ofthe retiree to notify the City in writing [hat he/she is not being covered by the PEMCH.A plan and the City shall' commence payment of the 5120.00 at the beeinning of [he month following the receipt of written notice by the retiree y This provision takes effect July 1, 1999. 1. An employee with twenty (20) years of service and who is age 50 or older and who ietirees on a service retirement during the term of this agreement, shall be eligible for a servicebenefit in theamount equal to 5100 less the amount contributed directly to the PEMCHA premium by the City. This payment'shall continue as long as the employee ~a continues in die PEMCHA plan as a retiree. Should the're[ired employee not continue in the PEMCHA plan, that retired employee shall.be eligible for an,amount of S 100 as a direct payment as a retiree service benefit. It is the responsibility of the retiree to notify the City in writing that he/she,is not,beingcoxered'by the PEMCHA glan,and the City shall commence payment ofthe 5100.00 at the beginning of [he month following the receipt of written notice by the retiree 2. For employees retiring after _September'], 1997 who meet the service requirements listed in paragraph 1 above, those employees shall receive an additional ~.i6.83 per month as a retiree service benefit. Should the retired employee-not continue in the PEMCHA plan, that retired employee shall be eligible for an amount ofS156.$3 as a direct paymenhas a'"retiree service benefit. It is the responsibilityofche retiree.to notify the City in writing that he/she is not being covered~by the.PEMCHA plan and the City shall commence, payment of the d 1~5G.83 at the beginningof the month following the receipt of written notice by the retiree Q. Disability.Retirement An employee, who retires on disability, will be eli~ible_ for the:ainount listed in paragraph A. (Sei~~ice Retirement) above for a period of eighteen (1 S) months beginning on the later date of January 1, 1993or the retirement date. Section 20 ~'ledical Cash Back r\n eligible employee may request cancellation of the employee's City paid medical and/or dental insurance coverage upon presentation to the city of satisfactory proof that he/she has medical and/or dental insurance,coyerage from another source. Any such request must be made prior to December I st preceding the calendar year of coverage and cannot be revoked during the entire yearof coverage except in the case of certain family'status changes as defined by la~~~, such as. (I) the employee's marriage or divorce, (2) the birth of a child of the employee, (3) the adoption of a child by the employee, (a) the death oGtheemployee or ofthe employee's spouse or child. (5) the comnmencementor termination of employment of the employee's spouse, (6) the change from full-.time to part-time employment status;oc from apart-time to full-time by the employee or the employee's spouse, (7) the taking of an unpaid leave of absence by the employee or the employee's spouse, or (3) the loss of a child's dependent status, as definedimder the [eternal Revenue Code. Aimy-:employee,esperiencing a change iir family status that would increase or decrease the amount of cashback which he/she.is receiving under this provision should,promptly file a notice of change in family stahis with the City. Eligibility for such increased or decreased payments commences with the filing of this notice. Cashback payments will thereafter be increased'or decreased depending on the nature of the family status changer However, in the event the employee fails tomotifythe City within 30 days about a change in family status that would result in a decrease in the cashback payment, it is agreed thaLanyamounts paid to him/her as a result of his/her failure to promptly notifythe City of the family status change as required by this section I~ wil(fie refunded to=the City 6y a deductioh from ttie~empl'oyee's pay,,at~a rate not to exceed 10`% of the employee's gross pay per pay period, until reftmded,in full. bVhen an employee who has requested cancellation of the employee's city paid medical and/or dental insurance co~~erage has demonstrafed such coverage from anothei source to the City's satisfaction, the City wilLiequest cancellation of the employee's medical and/or dental coverage. subject to the terms and conditions~of the particular policy. Upon actual cancellation of the employee's medical coverage, and commencing on'the date'of cancellation of such policy, the Citywill instead pay to the eligible employee, on a monthly basis, an amount equal to ~0.% of the "equivalent monthly cost;" asde6ned herein,,of insurance;coverage of said employee. In determining-the ``equivalent monthly cost" of such coverage, the City shall calculate the monthly premium amount which would be~paid by the City on the erployee' behalf under the;Aetna North Plan,based on the employee's coverage level (e.g. self,self plus spouse, self plus spouse plus children) at the time of such cancellation. However, ifthe actual monthly cost of the employee's current plan coverage'is less than the monthly Aetna Northplan cost, then the lower figure from such plan (the "Lower Cost Plan") shall be usedto determine the "equivalent monthly cost'. [n the event coverage is canceled only for,the.employee's spouse or dependent children, the "equivalent monthly cost" shall be determined by reference to the difference in the monthly premium amount whiclrwould be paid by the City oirtfie employee's behalf under the old and new levels of coverage(as calculated rising time Aetna North plan or the Lower Cost Plan. as applicable). Upon such cancellation of the employee's dental coverage, the City will instead pay to the eligible employee, on a momhly,=basis,-ah.amount equal to 50`% of the-City'sin[ernully generated estimated monthly cost'of ttie self-funded dental costs. The same rule re~ardin~ the deadline forelections and the irrevocability of elections that apply to the medical plan will. also apply to the dental plan. All requests for cashback'under this section and payments made thereto will be subject to and in accordance with the terms and conditions and cancellation requirements of each applicable plan, including the city Flexible Benefits.Plan; and cancellation bythe employee or coverage under the plan. Any employee canceling coverage will be required to meet all rules and conditions of the particular plan, including, but not limited to, all rules aimd conditions governing administration, cancellation, and re-enrollment eligibility. By requesting acash payment pursuant to this section, such employee understands and agrees asa condition of receipt of this payment, that re- enrolhmient eligibility into any plan is not guaranteed. SECTION 2T SQanish Bilin~eual Pay Qualified Sparii'sliapeaking employees subjeccto this Memorandum of Understanding will be eliuiblz for bilingual payaC X200.00 per month. To qualify, employees must be tested for fluency at a -high level proficiency rate. Testingprocedures and skill levels of proficiency shall be determined by the Personnel Director. I6 SF_CT/ON ?2 Merit This provisiair 6econres effective July 1. 1999. The pcu-ties a gree, during the coarse of dre first year of the contract, to pcn-ticipate in cr eomrnittee,consistir:g of,' amarg others, City represents;fives caul Associcrtiar members, for- the pm pose ofatternpting to establish agreed upon guidelines for a merit increase for (brit d-!embers with a nrininium of fifteen yecrrs~ofservice with the City_ Such Unit tLlembers would'be eligible for a si.rth step increase (5%) based upon merit, with formal guidelines for eligibility to be established by the conunittee. Botli the City and the Associa[ion.ugree to work in good fhiih to crttenrpt 1o reach agreement on such guidelines. The criteria for such a merit increase x i!1 be established within the following basic parameters, as will be further referred by the pcuzies during their- discussions: (1) A Unit Member will he eligible for the sixth step based upon his or her most recent per fornuurce evaluation, ,which must rate the UniriYlenrber's performance cr.r sptis/acta.v or- above overall. Should no fi.u•tlrer resolution be>-eached during the committee process, rlie Cite Wray insert into the evcrhraton an overall r-rrtirrg which establishes whether a' not the Unir tLlember•'s,.performance is at are overall level of"hela+v satisfactory, sntisJ~rctory, or above satisfactor~~: A Unit rYfember's initial or continuing eligibility will be evalucrred each peen- in order to evaluate tivhether or• not his or her- per fornurnce initiulli~ merits. a' contirures to merit. dre sixth step increase, (3) The Citv world be required to ensure that each eligihle Uirit :b/ember receives a timely yearly performance evaluation, cmd rf not, dre. Utrit N(enrber +'itaulil recei~+e=Nre step incr easefor that yepr autoriuuicully; (4) The progrrurr- will take effect Julie I, 1999, +ritlr each Unit rYlenrber with the nrinunum years of service first becoming eligible for the increase during. the nectregular eyciluruion period for• that Unit rLlember following Juh 1.1999. Should the Association and dre Citj; be unahle to reach an agreement further refrning the merit criteria estuli'lished cihove, it'shall be implernerated us specified herein. An initial denial of the merit increase will be subject to thegrievance procedur es of the ~LIOU, including the right to appeal ro the Rersaurel Bonrd, but Trot the right to fined nrrrl binding crrhirrcrtion. Orice granted, a revocation of the. S% merit pay increase will also be srrhject to the grievance procedures, including the right to appeal to m•biu•ntion. The merit increase applies-to all members of theuitit, including, but trot limited to, shorn personnel. If grunted the increase will be pc+id the first full pqv period following the date the evaluation 'is reviewed card signed by the Chief of Police. I I7 INSURANCE Section 23. Health Insurance 1. ACTIVE Employees The City shallparticipate in the~l?ublic Employees' Medical Health Care Act (PEMHCA) for members of Unit 6. The designated premium paid by the City toward this program shall be in the amount of S 100.00 per month per employee. 2. RETIRED. Employees Employees-who retire from the City of Petaluma shall receive contributions to their medical premium while under the PEMHCA plan. This paymenrwill increase in the amount of $x.00 per year until it reached the amount of $100.00 as listed in paragraph 1 above. Section 24. Dental Selffunded Program The City shall provide for a group self funded Delta Dental Program for City employees and dependents in this unit. Additionally; the City shall contribute toward an Orthodoiinu'e plan S 1,000 perchilti~at a 50% co-payment rate. The City shall pay, during the period of this ~leniorandtim the full premium toward the City group dental insurance coverage program currently in the amount of $74.00 per month. Section 25. Life Insurance The City shall provide, at no cost;to^the employee, group terns life insurance coverage in the principal amount of $2,000 per employee. Section 26. Long Term Disability Insurance A. The City shall pay during the period'ofthis Memorandum the monthly premium for the PORAC Long Term Disability Plan for all,Police Officers and Sergeants; provided, however, that=the total amountpaidbythe Ciry in contiectioh wiih LTD shall not exceed 53.10 per month for any employee. B. During the term of this Memorandum of Understanding, the City will pay 522.30 per month toward Long Tenn Disability coverage for non-sworn persomtel in Unit 6. is Section 27. Vision Self'Funded Program The City shall provide a selffunded Vision Plan for employees and dependents in the amount of 512.95 per month. Section 28. Other He51th and Welfare Payments The City shalt provide to~the active members of Unit 6 additional monthlyhealdi and welfare payments equal to die PEMHCA AETNA North premium amounts less 5100.00. t~ LEAVES Section 29. Vacation A) Alt regular employees of the City oFPetaluma are entitled to accrue vacation with pay in the following amounts; Amount of Continuous Service Vacation Accrual Hours Maxinwm AccrLiaLAllowed Per Year Through year 1 30 hours: 160 hours Through year 4 96 hours 192 hours Through year 9 120 hours 240 how's Throughyear 10 123 hours 2~6 hours Through year 1 1 136 hours 272 hours Through year 12 144 hours 23S hours Through year 13 1 ~2 hours 304 hours Through year 14 160 hours 320 hours Through year 1 ~ 163 hours 336 hours Tliroueh year 16 176 hours 3~2 hours Through year 17 134 hours 363 hours Through year I S 192 hours 384 hours Through year 19 200 how's 400 hours B) Vacation accumulation~in excess of two years shall.not be allowed. Section 30. Sick Leave .A. General. Sick leave ~iith pay shall be granted to all probationary and regular employees coyered.by this itlemorandum of Understanding: Sick leave sliall;tiot be considered a right which an employee may use at his/her discretion, but shall be allo« ed only in the case of necessity or actual personal sickness or disability. B. Accrual. It is understood that the Sick Lea~~e provisions of tNe.Ntemorandum of Understanding for this unit provides-For accrual at the rateof'eight (8=) hours?per;employee per month. C. Notification Procedures. 2U In order to receive compensation while absent on sick leave, the employee shall notify his/her immediatesuperior~oras determined by the Chief-of Police-n rnurimrrm of nvo (2) hoerrs prior to the time their shift commences, escept'in the case of sudden arses of illness within the hvo lrours period immediate/v preceding t/te stcirt bf the enrployee'sahift: f/owever, fur employee Hurst in a!! circumstances not fi~ the departirient of ilbresshprior tosdre commencement of7ris or her shift. When absence irfor more than three (3) days duration, the employee may be required to file a physician's certificate with the Personnel Office=stating the cause o'f the absence. D. Family Sick Leave. General Leaves of absence up to four working days with pay per fiscal year may bz granted .to employees in the event of~serioirs illness or injury in the employee's immediate family and will be charged against sick leave. The immediate family shall consist oFthe spouse- children. parents, brothers, sisters, or.other individuals whose relationship to the,cmployze is that of a dependent or near dependent. In each case, the appointing powzrshall grant such sick leave only whin in his/hcr opinion, the relationship of the sick or disabled person to the employee warrants such use of sick leave. New Born Care Employees covered by Ihis Memorandum of Understanding shall be allowed up to twenty-one (2I) calzndardays for newborn care to be paid from sick leaveatthe employee's request. Female employees who are no longer disabled by virtue of pregnancy, can use vacation and/or CTA up to the maximum permitted bylaw. E. Relationship. to Worker's Compensation When a Non Public Safety employee's absence from work has been occasioned by injury suffered during his/tier employment and she/herecei\ es Worker's Compensation Temporary Disability benefits, he/she shall also be entitled to supplement such workers' compensatioh benefits with sick leave for a period of six months or until the temporary disability is abrogated or the employee retires for disability. F. Retirement Due To Disability A Public Safety employee who,is'pernianently disabled from performing the not~~al range of duties attached to his/her positCon, and who has been declared to be permanent and stationary ' may be retired for disability without his/her consent, pursuant to California Government Code Section 21025.4. Should the employee consent, however„the employee may be retired at an earlier date. Notwithstanding the provisionsof Government Code Sec[ion 21025.2, an employee who is otherwise incapacitated for duty and eligible for disability'retirement may not be allo~~~ed to postpone the effective date.of his/her retirement by using-.any sick leave to which the employee might otherwise be entitled'. G. Sick Leave Transfer. Any bargaining unit employeemaytransfer'some of:his/her-accrue~~sick leave to'another, bargainingunit employee for iise as sick leave by the receiving employee. Such transfer shall be accomplished by a memo from the transferring employee to the designated police departmenCrepresentative forfocwarding to the Rersonnel Office, setting for[hahe narrie of the receiving employee and the number of hours being transferred. All such transfers are irrevocable: In orderto be eligible to receive a transfer of sick leave the receiving employee must have,.zero:hours of accilied sick leave. Transfers shall be subject to the following limitations; 1) All transfers shall b~e within this Unit only; and . 2) Eruj~loyees will Trot be eligible=to n-ansfer sickleave'balances upar voluntary or involuntary termination of their emplo~nnent with the Cinr. Odrerwise, however, the City will agreeto.ncceptand process~~naultiple trgnsfer~l-e'quests'by eligible dorrws, irr order received. to eligible recijiients, up to die nut~inrunt pernussible mnoaitts under tl7e ecistirrg ~L/OU pravisiorrs. 3) A donor must retain a,balance oF40 hours at any time. The recipient must have a zero balance. A' recipient may receive no more than 1040 hours per Fiscal Year. 6) An illness or injury involving extreme physical pain orthe impairment of a Cunction of a bodily member, organ or mental faculty, and requiring medical inter-ention such as surgery, hospitalization, or physical rehabilitation. H. Userof,Sick Leave during Vacation When an employee has been confined to a hospital, health care facility or home due to a serious ilhiess or injury and has provided a medical authorization by a certified physician or medical practitioner, tharemployee niay use sick leave in lieu of vacation for the period of confinement. zz Section 31. Bereavement Leave Leaves ofabsence up to four ~yorking days'per fiscal year=may be granted to employees in the event~o£death in the~employee!s immediate family. The immediate famiiy~~shall consist of the spouse, children, parents; brothers, sisters; fatlier,i~i-law, mother-in-law, brother-in-law, sister- in-law, or other individual whose relationship to.the employee is that.of a legal dependent. Section 32. Ylilitary Leave Military leave shall be granted in accordance with [he provisions of State Law. All employees entitled;to military leave shall give the appointingpower an opportunity within the limits of military regulations to detem~ine when such leave shall be Yaken. Sectiona33. Leave of r~6sence Without Pav The City'tVlanager may grant a regular or probatiogary employee leave ofabsence withourpay or seniority for a period not to exceed three (3) months. Good cause being shown by written request, the City Manager.may extend the leave ofabsence without pay for an additional period not to exceed six (6) months. Vo such leave shall be;~ranted except upon written request of the employee setting forth the reason for the request, and the.approval will'be in writing. Upon expiratiorr~of a regularly approved leave or within a reasonable pet'iod of time after notice to return to,dury, the~employeeshall be reinstated in.the position heldat~the time leave was granted. Failure on the part of an employee on eave to report promptly at its expiration, or within a reasonable time after notice to return to duty shall be cause for discharge. . Section 34. Jurv Leave Every classified employee of the City who is called or required to serve as a trial juror shall be entitled ao absent himself from his/her~duties with theCity during the period of such service or. while necessarily being present in court as a result of-such call. Under such circumstances. the employee shall be paid the difference between his/her full salary and any payment received, except travel pay, for such ¢uty. Section 35. Holidavs A. Fixed Holidays. The City shall observe twelve (12) paid fixed-date holidays. These holidays shall be established for the Citv's fiscal year as determined'by Ciry Council Resolution. : ~ >j B. Holiday; Floating. The City will provide one (1)"Floating Holiday" of eight (8) hours per employee„per fiscal year for employees assigned to work eight (8) hours per clay, which may be taken by the employee at a time mutually agreed_,upon by the employee and the Police Chief, consistent with operational needs. 1. The City will pro}side one (1)"Floating Holiday" often (10) hours per day per fiscal year, which may be taken by the employee,at a time,mutuall_y agreed upon by the. employee and the Police Chief consistent with operational needs. if the Floating Holiday is not taken within the Fiscal Year ending June 30th, the City will pay the employee for that day. 2. The appropriate hours, eight (8).or ten (10) will be determined by the hours per day bein, worked at the.time the "Floating Holiday" is taken. 3. ~ Employees hired between July 1 and December 31 ofeach-fiscal year will be eligible for aFloating-Holiday during the course of [hat fiscal year: Employees hired' on or after January 1 of each yearshall ?o[ be eligible for a Floating Holiday during that fiscal year. SECTION 36 PREGNANCY DISABILITY LEAVE A: An' employee who is disabled on account of pregnancy; childbirth, or related medical conditions may take a pregnancy related disability leave for'the period of the actual disability, up to a maxinium.of four months; in addition. [o any family care leave to which.the employee niay be entitled.. B: Al] requests for pregnancy disability leave shall be~~yritten and submitted to: (1) the ernpl'oyee's.Depar[nient Head, and (2) the Personnel Director for final approval. The employee must submit a health care provider's statement verifi ing the need for pregnancy- related disability leave and its anticipated beginning and endingdates. The employee~~niust prompt6y-reporf any chances ip tli~s information to the Deparnnent Head and the Personnel Director. C: An employeeon pregnancy disability I'eave niay utilize any accrued sick leave, vacation, or Compensatory Time Accrued to receive.regularrompensation benefits during the pregnancy disability leave of absence. Any use of accrued paid leave benefits must be approved by the Personnel Director prior to their utilization and will be paid continuously per the employee's regular work schedule. Such hours shall commence from the first day of pregnancy disability leave and shall continue until such leave is exhausted. The use of accnied paid leave benefits does not extend the total duration of pregnancy leave [o which an employee is entitled. D: Employees returning:from~pregna_ncy disability leave are entitled to reinstatement to the same position (if;available) or a comparable position for: which the employee is qualified, to the extent requited by law. To ensute hat an employees' reairn to work can be properly scheduled, an employee on pregnancy=related disability leave is requested,(o provide the Personnel Directorwitli at leastawo weeks advance notice of the~date~the~'employee mtends~to returrito work. ~[f!an.employee~failsto report to work atxhe end:of the pregnancy'-related disa6ihty`leave and does:not notify the Personnel, Director of,lier stahts,'the employee will $e deemed to have resigned; E: If an employee chooses to return to"work,within six' weeks after normal delivery orif any question exists regarding-an eniployee's!pli~ysical ability to perform~regularjoli duties because'ofinedica] complications,.the~Rersonnehdirector mayregture;tle employee to provide adoctor's-medical=release.verifyingthe employee's'ability'to. peiform such duties. F. If~a_medical disability exists which exceeds 60 days.the employee may r,egiiest to be put,on long-terhi'~~disabilityih accordance with the;Associayion's Long-Teem Disability P'>=ograin. 'If~tfie~employee still has_sickleaye hoursaccumulated, these hours may be used `to supplement LTD payments, [n'no case shall the employee teceive~payirients~.in excess of.regular compensation. Tlieuse of LTD will be subject to "the. policy under.which they are covered. G. [n addition:#o or in lieu of a;leave of absence, an employee with apregnancy-related disability may request a transfer to a differenC,position. Such a request must be accompanied with a certiFicatiou from the employ'ez~s healtH care providerthat-such a transfer is medically~advi'sable. [f a position is available for which the employeeis qualified and the~transfer request can be reason"ably ~accominoda4ed, the Personnel Director'vviil grant the transfer request. SECTlOiY37 E'aMICY MEDIC:IL LF1VE A. Pilrsuanfto the Family arid Medical Leave Act of'1'993,'6MLA leave shall be granted where'the'following conditions are satisfied: the employee h'ast$eeh;employed for at~least twelve (12~) months by the. City and has:provided:at (east 1;250 hours of service duringrthe twelve (12) months before the leave is;regueste8. (2) theleave`ista]<eii:foroneofthefollowingreasons; ' (a) because o£-the brth,ofa child-or placement for adoption or foster care of,a child;. (6) in order to care~foh lie;`spouse, soa,,daughter; parent, or one who stood in placeof'a parent of the=,.emmployee„.if such spouse, son, daughter, parent, of "in loco parentis" has aaecious Health,condition; 2~ ~(c) 6ec~useof a~serious Health conditionaliat=makes the employee unable to perfoiTii his/her employment functions:: (3) the employee must proJHe~notice and certi£t_ca4ion for the leave as described in paragrapfi;C belo~~~: B. FMLA.{cage is available for a total ;of twelve (1?)~~Oeeks Suring any fiscal year.: C. Theemployeemust provtde'the~City'with thirty (30) days advancenotice~ofthe leave, or such notice as is practicable; if thirty (30) days notice,isnoY,possible. l)The employee must provide the employer,•witfi certification of~the condition~.from~a healthcare provider. The City, at the%,City'sexpense, ntay require a second opinion onthe. validity ofthe certification. Should.a:conFlict arise betvieen.health providers, athirdand binding opinion, at City's expense shall besought. 2) ~An employee~seekiiig FMLA leaJe`niust,firsDuse paid sick time (if applicable~i:e.. for personal injury /illness or-th"e:careof a spouse or child aslimited under the MOU~~- Family Sick,t"cave.) and vacation before going on-unpaid leave. The total amount of family led~~e paid and lnpaid will norexceed~ a~total of twelve (.L-),weeks; In any case in which a husband and wife~entitl'ed to fati~ily leave are both.employed-b.ythe employer, the. aggregate number of workweeks of,leave ~Yo which both maybe entitled shall be limitedto Cwel~ie(T3j weeksduring,ai~y Fiscal Yeanif such leave is taken because of the birth of a child or. placenieni for adoption~tor foster care~of a child. D. The employee shall be responsible For his/her share:of the health insurance cost during the leave, If°the employee does noh return from the leave;. he/stie is responsible for the total insurance premium paid by the employer. E. Forms are available From the Personnel Office: ~fi THER Section'38`.. Retirement A. T.heCityofPefaluniaaieestomaintainrits~currentAublicEmployees'Retirerricnt System to'provide,the 2% @ SO prograrri and all other options currently in effect for sworn officers. Sworn Contract Amendments. Options: 1959Suivivors-Benefit (Leve]'4). The;ASsociation agrees to split theicost of this contract modification>50X50. One year Fihal Compensation Unused Sick Leave Credit Military Service Credit as Public"Service - Bt The City agrees: to maintain, its cun-ent Public-Employees' Retirement System to provide'?°/a a » progranrand all other options currently in effect for noi~-sworn personnel, Non Sworn Contract AmeitB'aiehts Options: 1959 SiirvivorsBencfit(LeveLl) One year Final Compensation Unused.Sick Leave Credit Military.Service Credit as Public Service I'95,9 Survivor's Benefits for iron=sworn shcill=~be increased,to Level 3 from Level if possible, s"onretime dzn,ing die contract term, subject to-the following: 1) The. City will attenrpt~irt,goorf faith,to worlrwith PERS in prai;iding iiifoirriatiort that will permit such increased beneftseto be irnplernented. It is understood" that the 1959'Suruivor's,Benefit Level,3awil/ not'be'implemerrted urttilsuch cfate'ps.PERS coirduets the regezired actuarial sttuly„provides Ilie necesscny~contract modi~cgtion docrimeius, mrd~the City Co'uircil acts to adopt=art Ordinance amending the PERS conn~act; Since the irripleinentation ofsucliprograrn rltttst be across units, the association amderstkiuls that the implementation of such contract arrreizdnzent is corrtirf~ent upon first receiving,prior• approval fromalre oilier employee baigcrining units. 77 Section 39. Grievance I . Purpose of Rule: a. To,promote unpro~%ed employer-employee relations by establisfiine grieyance!procedures'on matters for which appeal of hearing is-not provided by other City procedures. b. To afford,.employees (indivi'dually~or through the Association) a systematic^means<of obtaining fiirthe~~ considerations of problems after every reasonable effort has failedao resolve them through discussions. c. `Toprovide ttiatgrievancessha11"~6esettl'ed as pear aspossible to the pointof origin. d. To provide that appeals shall be conducteri as informally as possible. 2. ~ Matters SubjecGto Grievance Procedure: Any employee in ttie'competitive serviceshall have the right to appeal/grieve rmderthis,procediire, adecision affecting his/heb eniplo.ymen[ over which the.appoiiiting authority has partial or°compl_etejurisdiction apd for~«hiefir,appeal is~not provi`d'ed"lby ocher regulations oris not prohibited. Appeals t~ ai-bih~ation underSection E'12, slialGbe limited~to 1) non probationary termination; dsciplihary'~demotion; 3) suspension without pay for-forty (40) or more hours; or 4) a grievance: regarding"the application or`inte_rpretation of this Memorandriin of Understanding. 3. Grievance Procedure (a) Step;One An employee wh"o' has'a problem~of complaint=should first try to get dtsettled'ahrough discussion with hisLh'er Lieutenaht without'undiie-:delay. >ivery effort should"be made to find an acceptable solution by informalmeans at his/herlowest possible level of supervision. (B) .Step Two' If the en5pl'oyee is not;in agreement with the decision-reached by discussion in Step. I, the employee,"shall have the~~-right to~file a Step II appeal in writing within ten (10) calendar days after'receiving the Step I decision of the Lieutenant. The Step II Appeal shall be ~ 28 presented in_wciting'to'the employee!s.Captain, who shall render a decision.and comment in writing>and return.tliem to the etnployee~witliin ten (]0) calendar days after receiving ' the appeal. ~F.ailure of the.employeeto take further action within_five(~) calendar days aftersecei'pt ofthewritten~decision o6 the Captain,; orwith'in a total of fifteen (15) calendar days if-no~~decision is rendered; will be considered by the~City=an irrevocable dropping of the appeal (C) Step Three _ If the employee does not agree with the.Captain's~dec~sio_rJ,at Step II, orifno Step II answer has'~been received within ten (10)' galendar;days, the employee may present a Step _ [[I Appeal in wntingto Chief of_Police._ The Chief of Police, or a designated representative if requested; shall discuss the Step Ill Appeal with [he employee, his/tier representative if requested, and any'other person th"e!Chie£deems appropriate if any. The Chiefshall render a,dec~sion'i'rt'writing, and retuniit to the employeewithin ten (10) calendar days after recervmg"the appeal. Fa~lure,oFthe employee to take furtlieracti'on within five (5) calendar days after receipt of the decisioh or within a total of fifteen (1 calendar days~if no decisioni's rendered, will be con"s~dered by the City an irrevocable dropping of the appeal. ' (D;), Step_Four If~therelriployee does'~hot agree with the decision reached at Step [II or if no answer has been'~received wi'thiiixen (1.0)?calendar days, he/sliermay-present the Step N Appeal in 'writing to the City Manager. After receiving the>Step PV Appeal, the City Ytanager, o__r a designated-representative, shall discuss the grievance: wiih the employee, employee's representative if-requested,~and~~widt other appropriate .persons the City Manager'deems appropriate:if any. The City Manager may designate alfact-finding comirii~ttee or officer not in the;nomlal line;of'supervision, to.advise him/her cotteetning (lie appeal. The City ~Nlanager sh_all_ render a Step N decision in writing to the employee within twenty (?0) calend'ardays after receiving+,the grievance. (E) Step;Five [f the employee does not agree with the City N(anagers' decision at Step IV, or ifho step IV" answer'lias been received within twenty-fi~,e (25)calendar dayst the employee may preseut,a.Step V appeal in writing to the~.Cny Manager or his/her desigriee. An employee wfio' chooses to appeal _Step,~IV has, the right to elecC;either of the'two following procedures-outlmed~beCow. In,order toelect a procedure"herein, the employee ~~i'ti`st give wriiten noC_ice of his/her intent to: proceed underasspeciFc,procedure at the time this Step is invoked. Such written election shall be on;a.form provided by th'e Gity and shall contain an unequivocal and unconditional waiver oEtheright'to proceed underthe alternative election. In no eventw~llany.~~employee:betallowed'to pursue hotlrappeal procedures. (lj Personnel Riffles and Regulations . . (a) Any regular employee shallaiave the:right~to appeal to the Personnel Boacd ariy~disciplinary'actioh,~interptetation or alleged violation oPthe 1 29 Personnel Ordinance or the Personnel ~R}des.and';Regulatiot?s'~ except. in instances where the'rightof appeal is specifically~proliibited' by the Personnel Ordinance o~` tFie"Personnel' Rules and Regulations, (2) Final and Binding~Arbitration (a)~ An employee may ePect'Co use.Procedure Two only if itan appeal invdlving (1) non probationary tennmation, or (2~) a disciplinary demotion, or~(3~) a suspension without;pay'for forty (40) of°m"ore hours, or:(4).a.grieyance involving the~~applicatibn or interpretation of~this Memorandum of Understanding. (b) In matters involving discipline; th'e>'arbiti'ator shall liave°the.authority to determine whether'theCi_ty„ip taking;th"e~disputed,disciplinary action; liad`just cause for~such acf~on, involving (1) hwr-probationary teniiination, or~(2) a disciplinary demotion,~or (3) a-suspensior4 w,it}foGf=pay for forty^(40) or more. hours, and shall have authority to uphold, reduce onset aside-the discipline, including reinstatenieiit and restoration ofback saPary. (c) In"matter's involving the interpretation or application of this Agreement; the'~arbitrator` shall not add to, subtract~fi~om, change or modify any provision,of thi's agreeinentandshall be~authorizedonly to apply existing provisions of this Agreement to the specihe'f_acts involved and to interpret only applicable provi~sioi~sof this Agreement. (d) Theparties agree~.ou the following standing panel of arbitrators. Step V,Appeals_shalLbe-heard and decided by an~arbitrator selected from this pariel_by the.niutual agreement oC the parties or, failingsuch an agreement, by the alternative strike-out method. Joe H. Henderson Barbara Bridgwater :Emily Maloney Francis Walsli Donald Wollett. Gerald iVlcKay` Geraldine Randall (3) The City and emptoyee'(oc Association) shallshace equally the costs_of the Procedure One or Procedure Two, inchiding both fees and expenses. Each patrty, however,. shall bear the cos[ of its presentation, including preparations~~and post hearing briefs. (a) Tlie+~time limits set'forth herein niay be extended, shortened orwaived by the mutua[:agreement~o,Pthe parties bii['otlie~-wise are binding. Section d0'. Safety Committee: i. J ( T~hePetaluma,Peace~Officers-Association,.shall.appoint~one'member to a Departmental Safe[y Committee. Section~4l: Americans with_Disabilities.Act The City andthe'~Assoeiatiori recognize thatahe,t~niencans with Disabilities,Act and~ihe Fair 6mployinentand.Housing Act may squire,accommodation of individuals protected` under the Act and that these accommodations must be determined on an individual, case- by-case basis., The Assoctatton'ii[eco'giiizes~that'the:City"has thea'egal obli~afion to meet with flie individual to be accoi5imodated before any~adjustment is made m working conditions. The Assooiation also:recognizes~tfiat~individual•zmployees have rights: to privacy and confidentiality of.medical.infor-mation nvhich,the CiEy is regwred to protect. It the City determines tfiat, in .order to accommodate+an employee, itwould be necessary to.disregard an express provision of thisMOU and,ttius depri~-e other bargainiii~~ unii membersrof an express contract right'orrights, the Ciiy agrees to notify the Association priorto°tlie implementation ofany~--such accommodation. If the~Association disagrees with ~the,•proposed accommodafion'itnay, before the end ofthethird business day following=such notification; requires tomeet with liz Cityto discuss the accommodation., Tiereafter,and upon presenFation to the City of'a wai~~e~;alid authorization to,release medical:informallon, ip a form approved by the City, aitd signed by the individual seeking accommodaTion,'the-city agrees to iiieet with tfie,Association acid prouidedie :4ssociation witlt~an,opportunity, to drscussrand provide mptitahd,co"mmeni with respect to he- proposed accomrnodation. The-Association agreesto keepinformation shared in such meetings coiitidenriat and wrll`not disclose such irifortnationzto~anymember: [n the event of a breach of this confidentiality provision t5v the-Association, the Association agrees to defend,:ihdemnifyand fiold hai-inless the City" against airy: ubsequent lawsuit or other claiii~, tothe~ezteht such'lawstiit or claim is based upon such disclosure of information. Intlie,ev'entthat the City and~the-AssociatCon are tenable to~agree with respect,to the propose8,accoinmodation, the Association may. resort taa court of competent ju_risdictioi~ for any relief,it 6elieves;it may be entitled~to. Ho~~~ever, until otherwise ordered by a court oEcompetentjui`isdiction, the City`may implement the proposed accommodation if tli'e City andahe Associano'h are unable to reach;agreement. The parties eYpressly~recognize that-agree that~anv dispute ari"s`ingfrom"die-interpretation or applicationyofthis paragraph'is>noCsubject~to'the arbitcatioriLilispute resolution provisions of tliisagreemeiit. .Any. accommodation:providedto an individual shall no6establish a past practice, nor shall it 6e cited or.used as,evid~nbe of a past practice: 31 Section':42' Layoffs .Sec. 1. Notification: 'Employees to be laidoff shall b_ e given, whenever possible, at least 14 calendar days prior notice: Sec- 2. Vacancy and Demotion: Except asothenvise provided, whenever there is~a reduction in the work force; the appointing authority shall'firstdemote to a vacancy, if any, in a lowerclassificatiomfor which~the employee-who is the latest to be laid ofC in accordance with Section ~ is quali~fied~. All persons so denoted Shall have their names placed on the're~ employment list. Sec. 3. EmployeeRivhts:; An employee:affectedby layoff shalfhaveahe.right to displace an employee mihe~same department who has~less seniority in l) a lower classification in the same classification series or in 2) a lower classifi'cahon in which the,:affeeted etnplbyee one"e' had reg~ilaristatus. For the purpose~ofthis sectionan'dSection 4, sehiority includes all periods of full-time service ator above the classification level where the layoff is to ' occur. Sec. 4 Seniority: In order- oiretre'at ro a former or lowerclassif cation,. an employee~nnist have more seniority than at least oneof the incumbentsin~ the retreat classification, be qualified to hold,theretreat classification or°ha~~e seiti~eii in the retreat classification prior to the layoffand request displacement action in writing to the Personnel ~O~fficer within working days of receipt of notice oflayoff. Employees within each category shallbelaidoffin reverse order of seniority within the classification series:. Szniority for the retreat classification would be thecombination of time served at or above the layoffclassifcation and any prior'time served in the retreat classification. Ties wil~l~be,6roken based on seniority of total City service. Employees retreating to-a ~lower:or similar classificationshah beplaced at. the salary sfep,ri'presenting the least"Loss of;pay. In no case shall, the salarybe-increased above that.recei;ved;ii~ the classification from which t_he erripl""oyee was laid off: Employees retreating to a loweror similar classification shall sen-e a probationary period in the new classification unless they have previously suecessfiilly completed a probationary period" in the retreat classification or ahigher~classification in the series. j7 Sec. 5. Em~o; merit Status: [ii .each classification of position within 'the competitive service,. employees shal6 be laid off according to employment status in the following order:- temporary,'provisional, probationary, and regular. Temporary, pro~~isional and probationary employees shall he Paid off according to the needs of the service as determined by the appointing authority., Sec. 6. Re-employrneut List: The names ofpersons laid off or demoted in accordance with these rules shall be entered upon a re-e'irmploymeht list. Lists from different departments 'or ~at different times for the same classification of position shall be combined into a single list. Such list shall be used by every appointing authority when a vacancy arises in the same or lower classification of:position beforecertificaPion is made from an eligible list: Sec. 7. Duration-of Re-EinolovmenLList Names of'persons laid off shall be~carried on a re-employment list for two years, except that persons appointed to re<?ular positions of the same lei-el as~that which aid off, shall, upon such appointme,nt;:be droppedfiom tlie• list. Persons who refuses re-employment shall be dropped (Toni the list. Persons re=employed in a lower classrficatou, or on a temporary basis, shall be continued on.the list for,the'hi~her position-for ni~o~years: bmployees in Public Safety cl,assifcations shall tie subject to all regular medical and psychological testingin,order to determine finless: for duty. Sectiorn43: Retiree Medical Trust The City and the Associnuore t~gree to 7reet aixl cos fer during the contract term with -respect ~to the possibleestablishment, br- tlre. As"sobiation, of a retiree medical trust, to be administered by the Association for tJre benefit of its retired employees. Such ci'hzrst irrav be implernented.by the Association din~irtg the_coiurgct ter»r if (1) the dssociation 's' plan resrilts in no cost Ito the' City (other than t/re;mit{or costs associates! with. payroll deductions and d-ansrnittals Hof suc'lr funds to the p~ust); (Z) in the Citv's sole judgnrent and discretion, the plan presented to'the Clry is legdllt-~ sound, and (3) the POA provides ct comprehensive hold harmless, defense curd iilemnity agreement. The City will not ngree;,for example; To allow imp'lementatibn of a plan presented 'by theAssoci~itiorr that, fore_zample, requires pre-taz~;cfecfactions, if, ifs the Cm- s best legal fardgrnent. such a plan would lie legally urrsornul, rinpennissible or umi~ise. Simikirly, the City will not agree to participate In funrlir:g the. trust by means of sick leave cash-out if, in light of the ctn-rent provisio,trs in the, M017 and/or its, interpretation of existing law, such rovould also be; in the City's best judgment, legally unsound, tmpet'inissble or unwise. The City has no subjecfive intention of being, zutregsonable in' exantinfng any such plan or to unreasonably pvifhhold ,consent for implernentatibn, ofstech a plart,~ to the corm cny, the City hopes that such a plait will'be enacted for th'e benefit of the unit memhers. The Cit_r curd the Association i~ecogrii~e, however, that legal interpretations differ-, and the Assoctanoir nti{v believe thou some dsPect of the plan is wrthotit risk or poses cur acceptcble risk, ancf the City's Attorneys, ~irt„good faith, recrsanably will not. Lt 's_ udt a case: the City i~~ill notctgi-ee to irnplenteiuation of arty, such plan. Section.'14: Committeeor: Tuition Rei~iibiirsetuerit The Association will pctrticipcite in a.City cornmiRee ro be estgh_lished Chu ing the corztr~dct term, for .the ~pitrpose of studving artd discussing for possible firntre implementation, a program 'to provide. for- sortie form of city-wide educational enhancement/tuition reimbursement for city' employees that would Benefit hotft t(te City nnrl i[s employees. Sectioa~4~5: Meet and Confer nn Psvch'olo~ical Fitness for Duty: The pariies°agree'io nxeet and confer in good faith during the contract term y~itli respect to severrd concerns, of the Associauori regartlirig the Citv's psyc/rologiccrl fitness for cfttty policy- No obhgcttion is irrrposed on eidter' putty by this provision, ho,r:~ei~er, beyond ~the~ obligatioir to-meet anal confer in good faun in' h sincere cutenzpt'to reach. cur turcferslanding acceptable.;to both pcir-ttes; in the event of a fcir[ure- to reach agreement. the existing policy will continue in effect, ditrring the conh`cict term Section 46 Savings Clause In the event^tliat~ any part or pr-ovisio'it of tlris rLlOU should he found or deternrnecC to be invalid, tllegab or void by a court of, competent jurisdiction, the remaining, petits or p'wxiais of t67e tL[OU shall reritttirt; in fill! force cmd effect. ~a ACCEPTAN E The~partiesaffiz`tfieirsi~natures aspconstituting mutual acceptance. and recommendation of this Melnorandurri of'Undeistanding to become effective January 1, 199 FollowinU its adoption by the City Council of tli'e City o£Petalwna. PEACE OFFICERS: ASSOCIATfON OF P.ETALU~IA C[TY OF PETALUM.~