HomeMy WebLinkAboutResolution 2019-030 N.C.S. 02/25/2019Resolution No. 2019-030 N.C.S.
of the City of Petaluma, California
RESOLUTION RATIFYING THE MEMORANDA OF UNDERSTANDING,
EFFECTIVE JANUARY 1, 2018 — JUNE 30, 2021, EXECUTED BY THE DULY
AUTHORIZED REPRESENTATIVES OF THE CITY OF PETALUMA AND THE
PEACE OFFICERS' ASSOCIATION OF PETALUMA, UNIT 6
WHEREAS, the City of Petaluma and the Peace Officers' Association of Petaluma
(POAP), Unit 6, through their duly authorized representatives, have concluded their mutual
obligation to negotiate a successor Memoranda Of Understanding (MOU), effective January 1,
2018 — June 30, 2021, and meet and confer in good faith with respect to the wage re -opener
provided by the POAP Side Letter Agreement for Unit 6, 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 POAP have reached
Tentative Agreement and executed this MOU; 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 MOU, effective
January 1, 2018 — June 30, 2021, for POAP Unit 6, and does recommend that the City Council
ratify said MOU.
NOW, THEREFORE, BE IT RESOLVED that the MOU, effective January 1, 2018 — June
30, 2021, being in the best interest of the City of Petaluma, is hereby ratified and the terms and
conditions of said MOU, attached to and incorporated as Exhibit A, shall be effective on January
1, 2018 following ratification.
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 pprroveo as to
Council of the City of Petaluma at a Regular meeting on the 2511 day of February. ('form` :
2019, by the following vote: '
City Attorney
AYES: Mayor Barrett; Fischer; Healy; Kearney; King; Vice Mayor McDonnell; Miller
NOES: None
ABSENT: None
ABSTAIN: None
ATTEST. 0
City Clerk Mayor
Resolution No, 2019-030 N.C.S. Page 1
Exhibit A
map
between
UNIT 6 - POLICE
JANUARY 1, 2018 THROUGH JUNE 30, 2021
Resolution No. 2019-030 N.C.S. Page 2
TABLE OF CONTENTS
Section Provision Paqe
PREAMBLE.................................................................................................................................
SECTION1 -TERM OF AGREEMENT.......................................................................................1
1.1
Effective Date....................................................................................................................
1.2
Notice of Successor Memorandum....................................................................................1
SECTION2 - RECOGNITION...........................................................................................
SECTION3 - ASSOCIATION SECURITY...................................................................................2
3.1
Association Security Procedures.......................................................................................2
3.2
Association Membership of Payment of Agency Fee.........................................................2
3.3
Association - Hudson Procedure.......................................................................................3
3.4
Association - Opt Out Provision........................................................................................3
3.5
Association - Financial Reports.........................................................................................3
3.6
Association - Payroll Deductions.......................................................................................3
3.7
Association - Conditions of Discipline...............................................................................4
3.8
Association - Indemnification and Hold Harmless.............................................................5
SECTION4 SALARIES.............................................................................................................5
4.1
Salaries..............................................................................................................................5
4.2
Salary Advanced Upon Promotion.....................................................................................5
4.3
Compensation Survey........................................................................................................5
SECTION 5 - SPECIAL COMPENSATION.................................................................................6
5.1
Special Compensation - Assignment to a Higher Classification........................................6
5.2
Special Compensation - FTO Assigned to Sergeant Duties. ............................................. 6
5.3
Special Compensation - FTO Assigned to Sergeant Duties for 30 Days ..........................6
5.4
Special Compensation - Overtime When Assigned to a Higher Classification ..................6
5,5
Special Compensation - Field Training Officer..................................................................6
5.6
Special Compensation - Traffic Officer..............................................................................6
5.7
Special Compensation - Public Safety Dispatcher Training..............................................6
5.8
Special Compensation - Community Service Officer and Parking Enforcement Officer .... 6
5.9
Special Compensation - POST Certificate........................................................................6
5.10
Special Compensation - Payment for POST Certificate Pay.............................................7
5.11
Special Compensation - Longevity Pay - 15 Years of Service.........................................7
5.12
Special Compensation - Longevity Step - Effective Date.................................................7
5.13
Special Compensation - Longevity Step - LWOP.............................................................7
5.14
Special Compensation - Longevity Step - Prior Service.. ................................................. 7
5.15
Special Compensation - Bilingual Pay - Spanish..............................................................7
SECTION 6 - CANINE HANDLER PROGRAM...........................................................................7
6.1
Canine Handler- Compensation.......................................................................................7
6.2
Canine - Extraordinary Work.............................................................................................8
6.3
Canine - Canine Food and Care.......................................................................................8
6.4
Canine Retirement..........................................................................................................8
6.5
Canine - Canine Purchase................................................................................................8
SECTION7 - HOURS AND OVERTIME.....................................................................................8
7.1
Work Week and Work Day.................................................................................................8
7.2
Work Period and FLSA......................................................................................................8
7.3
Work Period for Other Classifications................................................................................8
7.4
Work Schedule...................................................................................................................8
7.5
Work Schedule - Non-Sworn.............................................................................................9
7.6
Work Schedule - Temporary Reassignment.....................................................................9
2018 - 2021 City of Petaluma / POAP Unit 6 MOU
Resolution No. 2019-030 N.C.S. Page 3
TABLE OF CONTENTS
Section Provision Pa e
7.7
Shift Sign-Up......................................................................................................................9
7.8
Shift Assignments Patrol.................................................................................................9
7.9
Overtime -- Training...........................................................................................................9
7.10
Overtime to the Quarter Hour............................................................................................9
7.11
Overtime Compensation - Compensatory Time................................................................9
7.12
Compensatory Time - Request for Time...........................................................................9
7.13
Compensatory Time Payout..............................................................................................9
SECTION 8 - COURT TIME, CALLBACK, AND STANDBY.......................................................10
8.1
Court Time Pay...........................................................................................I....
10
8.2
Check -In Requirement Before Appearance.............................................................. ........10
8.3
Cancellation of Court Appearance.....................................................................................10
8.4
No Check-In.......................................................................................................................10
8,5
Call Back Pay ............................... ........... ..........................................................................
10
8.6
Court Time Minimum and Callback............................................................. .......................
10
8.7
Court Time When Receiving Labor Code 4850 Benefits....................................................10
8.8
Standby Duties...................................................................................................................10
8.9
Standby Pay......................................................................................................................11
SECTION 9 - SHIFT DIFFERENTIAL PREMIUM........................................................................11
9.1
Shift Differential Compensation - Swing Shift....................................................................11
9.2
Shift Differential Compensation - Graveyard Shift.............................................................11
SECTION 10 UNIFORM ALLOWANCE....................................................................................11
10.1
Uniforms Required.............................................................................................................11
10.2
Uniform Allowance - Newly Hired Employees...................................................................11
103
Uniform Allowance - Newly Hired Public Safety Dispatchers............................................11
10.4
Uniform Allowance - Police Officers and Police Sergeants...............................................11
10.5
Uniform Allowance - Community Service Officers, Police Officer Trainees,
Evidence Technicians, and Parking Enforcement Officers................................................11
10.6
Uniform Allowance - Public Safety Dispatchers................................................................11
10.7
Uniform Allowance Pay......................................................................................................12
SECTION11 - HOLIDAYS..........................................................................................................12
11.1
Scheduled Holidays - Defined...........................................................................................12
11.2
Floating Holiday - 8 Hours.................................................................................................12
11.3
Floating Holiday - 10 Hours...............................................................................................12
11.4
Floating Holiday Time Off...............................................................................................12
11.5
Floating Holiday- Payment...............................................................................................12
11.6
Day Observed....................................................................................................................12
11.7
Holiday Pay........................................................................................................................12
11.8
Holiday Pay - Leave without Pay Status...........................................................................12
SECTION12 VACATION.................................................................................................... ..13
12.1
Vacation Accrual................................................................................................................13
12.2
Vacation Accrual Limit.......................................................................................................13
12.3
Vacation Accrual for Rehires.............................................................................................13
SECTION13 - LEAVES - SICK LEAVE.....................................................................................13
13.1
Sick Leave Accrual............................................................................................................13
13.2
Sick Leave Usage..............................................................................................................13
13.3
Sick Leave Notification.......................................................................................................14
13.4
Physician Verification.........................................................................................................14
2018 - 2021 City of Petaluma / POAP Unit 6 MOU
Resolution No. 2019-030 N.C.S. Page 4
TABLE OF CONTENTS
Section Provision Paqe
13.5 Sick Leave Usage — Family Purposes..................................................................:............14
13.6 Sick Leave for New Born Child Care..................................................................................14
13.7 Sick Leave and Workers' Compensation...........................................................................14
13.8 Sick Leave Payout Upon Retirement.................................................................................15
13.9 Sick Leave When Approved for Vacation..........................................................................15
SECTION 14 — LEAVES -- WORKERS' COMPENSATION ................................. ............15
SECTION 15 — LEAVES — BEREAVEMENT LEAVE..................................................................15
15.1 Bereavement Leave — Time Off........................................................................... ..............
15
15.2 Bereavement Leave — Definition of Family........................................................................15
SECTION 16 — LEAVES — LEAVE FOR VICTIMS OF DOMESTIC VIOLENCE AND SEXUAL
ASSAULT..........................................................................................................................15
SECTION 17 — LEAVES — MILITARY LEAVE.............................................................................15
SECTION 18 — LEAVES — ELECTION OFFICER LEAVEIVOTING LEAVES .............................16
SECTION 19 — LEAVES — SCHOOL VISITATION LEAVE.........................................................16
SECTION 20 -- LEAVES — LEAVE OF ABSENCE WITH OUT PAY .........................................
16
20.1 Leave of Absence Without Pay — Employee Request/City Manager Approval ..................16
20.2 Leave of Absence Without Pay — Seniority, Salary Range Advancement and
ProbationaryPeriod...........................................................................................................16
SECTION 21 — LEAVES — JURY DUTY LEAVE.........................................................................16
SECTION 22 — LEAVES — FAMILY CARE AND MEDICAL LEAVE (FMLA & CFRA) ............16
22.1 FMLA and or CFRA Leave.................................................................................................16
22.2 FMLA and or CFRA-Second Opinion.................................................................................16
SECTION 23 — LEAVES — PREGNANCY DISABILITY LEAVE..................................................17
23.1 Pregnancy Disability Leave...............................................................................................17
23.2 PDL — Transfer..................................................................................................................17
SECTION 24 — DISCRIMINATION, HARASSMENT & RETALIATION PROHIBITED ................17
SECTION 25— REASONABLE ACCOMMODATION..................................................................17
SECTION 26 — CALIFORNIA PUBLIC EMPLOYEES' RETIREMENT SYSTEM ........................17
SECTION 27 — HEALTH BENEFITS — ACTIVE EMPLOYEES...................................................18
27.1 Active Employees — PEMHCA Contribution.......................................................................18
27.2 Active Employees — Additional Benefit..............................................................................18
27.3 Employee Contribution.....................................................................................................19
SECTION 28 — HEALTH BENEFITS — RETIRED EMPLOYEES.................................................19
28.1 Retired Employees — CalPERS and PEMHCA..................................................................19
28.2 "Unequal Contribution" Method for Health Care Premium Payments for Retirees .............19
28.3 CalPERS Annuitant - PEMHCA Health Benefits................................................................20
28.4 Less than 20 Years of Service — Not Receiving PEMHCA Health Benefits .......................20
28.5 Less than 20 Years of Service — Receiving PEMHCA Health Benefits..............................20
28.6 20 Years or More of Service — Not Receiving PEMHCA Health Benefits ...........................20
28.7 20 Years or More of Service — Receiving PEMHCA Health Benefits.................................20
2018 - 2021 City of Petaluma / POAP Unit 6 MOU
Resolution No. 2019-030 N.C.S. Page 5
ITABLE OF CONTENTS —1
Section Provision Page
SECTION 29—RETIRED EMPLOYEES — DISABILITY BENEFITS ...........................................
2i
29.1 C3!PERSAnnuitant— PEMHCA Health Benefits ...............................................................
21
29.2 Less than 2OYears OfService —Not Receiving PEK0HC/\Health Benefits .......................
21
29.3 2OYears O[More OfService — Receiving PEMHCA Health Benefits .................................
21
SECTION 30—CASH |NLIEU OFHEALTH AND DENTAL BENEFITS ................................. —.21
SECTION31—SECTION 12GPLAN ...................................... ....................................................
22
SECTION32—DENTAL PROGRAM ...........................................................................................
22
SECTIONO3—VISION PROGRAM .............................................................................................
22
SECTION 34—LIFE |N8UPtAJNCE-------------------------------..22
SECTION 36—LONG TERM DISABILITY INSURANCE ...................................................... .....
23
35.1 Association Coverage through P()RAC............................... .............................................
25
35.2 Mandatory Enrollment ....................................................................................... .—............
23
35.3 LTD — Premium Reimbursement ............................ ................................. .........................
23
SECTION 36—EMPLOYEE ASSISTANCE PROGRAM .............................................................
23
SECTION 37—DEFERRED COMPENSATION ...........................................................................
23
SECTION 38—MEET AND CONFER ON PSYCHOLOGICAL FITNESS FOR DUTY ................
23
SECTION 39—SICK LEAVE TRANSFER ................................... ...............................................
23
39.1 Sick Leave Transfer ............................................ ............. .................. ....................... ......
73
30.2 Sick Leave Transfer — Limitations ........................... ...........................................................
23
SECTION 40—POLICE OFFICER TRAINEE ....................................................................... .......
24
SECTION41—SHARED POSITION ...........................................................................................
24
41.1 Shared Position ..................................................................................................... ...........
24
41.2 Sixty Days' Notice ................................................................ ..................... ........................
24
41.3 First Choice 0fFull-time Employment .............................................................. .................
24
41.4 Employee Termination OfPosition .....................................................................................
24
41.5 Shared Position — Part-time Employee ..............................................................................
25
41.6 Shared Position - Work Week and Work Day .................................... ................................
25
41.7 Seniority .............................................................................................................................
25
41.8 Shift Bidding Between the Shared Position Employees_ ..................................................
25
41.9 Overtime ............................................................................................................................
25
41.10 Pro -rated Leave and Benefits ....................................................................................... ....
25
41.11 Merit Pay, Step Increases, and Probationary Period .........................................................
25
SECTION 42—DISCIPLINE AND APPEALS PROCEDURE ....................................................
25
42.1 General Rules ofConduct ..................................................................................................
25
42.2 Disciplinary Actions .......... .................................................................................................
25
42.3 Grounds for Discipline ......................................................... ..............................................
26
42A Investigation ofDisciplinary Allegations — Employees Subject b}the P{}BR/\...................
27
42.5 Procedures for Disciplinary Actions ...................... ............................................................
27
42.0 Probationary Employees — N3D18 Clearing Hearing ---.....--.-----.—..—.-30
SECTION 43—GRIEVANCE AND APPEALS PROCEDURE .....................................................
31
43.1 Purpose of the Procedure ......................... ............. ....... ................ —..—.................. ......
31
43.2 Grievance Procedure .........................................................................................................
31
433 Appeal fDthe Personnel Board ... ......................................................................................
32
43.4 Appeal tDFinal and Binding Arbitration .................................................. ...........................
32
43.5 Sharing Ofthe Cost ............................................................................................................
32
43.8 Time Limits May B8Extended ...........................................................................................
32
2018 - 2021 City of Petalma / POAP Unit 6 MOU
iv
Resolution No. 2Uly-BON.C.8. Page
TABLE OF CONTENTS
Section Provision Paqe
SECTION 44 — LAYOFFS............................................................................................................33
44.1 Notification.........................................................................................................................33
44.2 Vacancy and Demotion......................................................................................................33
44.3 Employee Rights................................................................................................................33
44.4 Seniority.............................................................................................................................33
44.5 Employment Status............................................................................................................33
44.6 Re -Employment List..........................................................................................................34
44.7 Duration of Re -Employment List........................................................................................34
SECTION45 SAVINGS CLAUSE.............................................................................................34
SECTION 46 — MUTUAL ACCEPTANCE AND RECOMMENDATION.......................................34
EXHIBIT A— Salary Tables.........................................................................................................36
2018 - 2021 City of Petaluma / POAP Unit 6 MOU
v
Resolution No. 2019-030 N.C.S. Page 7
Memorandum of Understanding
Between
THE CITY OF PETALUMA and
THE PEACE OFFICERS' ASSOCIATION OF PETALUMA (PORP)
Unit 6 - Police
January 1, 2018 — June 30, 2021
I7ama1n1.3�
This agreement between the duly appointed representatives of the Peace Officers' Association
of Petaluma, hereinafter referred to as the "Association", and the City of Petaluma, hereinafter
referred to as the "City," contains the agreement of each concerning wages, hours and other
terms and conditions of employment for the term of this Memorandurn of Understanding
(MOU).
The parties jointly agree to recommend to the City Council of the City of Petaluma the adoption
of this Memorandum effective January 1, 2018.
us] 01 ffi itI • _
1.1 Effective Date
This Memorandum of Understanding shall be for the period commencing on January 1,
2018 with adoption by the City Council and continuing through June 30, 2021.
1.2 Notice of Successor Memorandum
The parties shall commence meeting and conferring for a subsequent Memorandum of
Understanding no later than the end of April 2021.
SECTION 2 — RECOGNITION
The City recognizes the Association as the exclusive bargaining representative for the Peace
Officers' Association of Petaluma bargaining unit. The bargaining unit consists of all full-time or
job share employees in allocated positions in the classifications listed below:
Community Service Officer
Evidence Technician
Parking Enforcement Officer
Police Investigator
Police Investigative Sergeant
Police Sergeant
Police Officer
Police Officer Trainee
Police Property Technician
Public Safety Dispatch Supervisor
Public Safety Dispatcher
Senior Parking Enforcement Officer'
I Currently not allocated.
2018 — 2021 City of Petaluma POAP Unit 6 MOU
Resolution No. 2019-030 N.C.S. Page 8
Vehicle Abatement Officer
SECTION 3 — ASSOCIATION SECURITY
3.1 Association Security Procedures
The following Association Security procedures shall apply to all employees represented
by the Association.
(A) Limitation of Provision
The association security provisions set forth below may be rescinded in
accordance with the terms of Government Code Section 3502.5(d). Unless
rescinded, however, in accordance with Government Code section 3508.5(c), the
agency fee obligations set forth below shall continue in effect as long as the is the
recognized bargaining representative, notwithstanding the expiration of this MOU.
(B) Association Certification
The Association certifies that it has adopted, implemented, and shall maintain
procedures in accordance with all applicable statutes, decisions by the courts of
competent jurisdiction, and other applicable legal authority.
(C) Applicability
The provisions of this section shall not apply during periods during which an
employee is separated from the Representation Unit, including, but not limited to,
transfers, layoff and leaves of absence without pay.
(D) Change in Law
In the event there is a change in law whereby any provision contained in this
section becomes invalid, or in the event any provision in this section is
determined to be unlawful, the parties shall meet and confer within thirty (30)
days to negotiate a substitute provision which conforms to the law or court
decision.
3.2 Association 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 Association; or
(B) Pay to the Association an association fee in an amount which does not exceed
an amount that may be lawfully collected under applicable constitutional,
statutory, and case law, which amount shall be less than the monthly dues paid
by members of the Association during the duration of this MOU, it being
understood that it shall be the sole responsibility of the Association to determine
an association Fee which meets the above criteria; or
(C) Religious Objection. For employees who are a member of a bona fide religion,
body or sect which has historically held conscientious objections to joining or
financially supporting public employee organizations as a condition of
employment, such employee shall not be required to join, maintain membership
in, or financially support the Association. Such employee shall, in lieu of
2018 — 2021 City of Petaluma POAP Unit 6 MOU 2
Resolution No. 2019-030 N.C.S. Page 9
payment of dues or association fee to the Association, pay a charity fee in an
amount no greater than such agency fee to one of the following three non-
religious, non -labor, charitable funds that are exempt from taxation under Section
501 employee (3) of the Internal Revenue Code:
Hospice of Petaluma
Petaluma Peoples Service Center Meals on Wheels
Petaluma Peoples Service Center Senior Nutrition Site
3.3 Association — Hudson Procedure
The Association shall provide to the City a copy of its "Hudson Procedure" for the
determination and protest of its fees. The Association shall provide a copy of this
procedure to every Bargaining Unit member covered by this MOU within ten (10) days
of implementation of the fair share fees. The City shall provide to the Association a list
of those employees who are Association members with the monthly payment of
deductions by the City to the Association. Annually thereafter, and as a condition to any
change in the Association's fees, the Association shall provide each member with a
copy of the Association's "Hudson procedures" and shall provide to the City
confirmation of such mailing.
3.4 Association — Opt Out Provision
Once each year, in December, or, for a new employee, at the time he or she
commences employment with the City, each member of the Bargaining Unit may elect
to opt -out of Association membership without penalty to their employment with the City,
on an appropriate form approved by the City. The member shall thereafter have no
obligation to pay Association dues and the City shall cease making deductions from
their paycheck except as provided in 3.2 B above.
3.5 Association — Financial Reports
The Association shall keep an accurate itemized record of its financial transactions and
shall make available annually, to the City and to the members of the bargaining unit,
within sixty (60) days after the end of its fiscal year, a detailed written financial report in
the form of a balance sheet and operating statement, certified as to its accuracy by its
president and treasurer or corresponding principal officer, or by a certified public
accountant. Failure to file such report within sixty (60) days after the end of its fiscal
year shall result in the termination of all agency fee deductions, without jeopardy to the
employee, until such report is filed.
3.6 Association — Payroll Deductions
Payroll deductions for Association dues shall be granted by the City to the Association
in accordance with the following terms and procedures. Deductions shall be made only
upon the employee's written authorization on a payroll deduction form approved by the
City and shall cease in the event the employee opts -out of Association membership in
accordance with paragraph 3.4.
(A) Authorization and Opt -Out
Subject to the Opt -Out Provision of Section 3.4 above, 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 Association dues. Authorization,
2018 — 2021 City of Petaluma POAP Unit 6 MOU
Resolution No. 2019-030 N.C.S. Page 10
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 section. Employees
may authorize dues deductions only for the Association certified as the
recognized representative of the unit to which such employees are assigned.
Any dues deduction authorization shall automatically terminate in the event that
the Association's status as exclusive representative for the Bargaining Unit
members terminate.
(B) Sufficiency of Earnings
The employee's earnings must be sufficient after all other required deductions
are made, to cover the amount of the deductions herein authorized. When an
employee is in a non -pay status for an entire pay period, no withholdings shall be
made to cover that pay period from future earnings nor shall the employee
deposit the amount with the City which would have been withheld if the employee
had been in pay status during that period. In the case of any employee who is in
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 Association dues deduction.
(C) Association Dues Payroll Deductions
The City shall deduct Association dues and or benefit premiums in an amount
determined between the Association and it members. The Association shall
provide the City with a least sixty (60) days written notice of any changes in
amounts. Employees shall complete and sign the designated Dues Deduction
Authorization form.
(D) Payment to Association
Amounts deducted and withheld by the City shall be transmitted to the officer
designated in writing by the Association as the person authorized to receive such
funds at the address specified.
3.7 Association — Conditions of Discipline
No employee shall be disciplined under this section unless the Association has first:
(A) Notified the employee by letter, explaining that he or she is delinquent in
tendering the required Association fee, specifying the amount of such
delinquency, and warning the employee that unless such Association fee is
tendered within thirty (30) calendar days, the employee shall be reported by the
Association 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 section 3.7
(A) above has been followed, and has supplied the City with a copy of the letter
sent to the employee, notice that the employee has not complied with the
request, along with the following certification
(C) Certified that (employee's name) has failed to tender the Association fee required
as a condition of employment under the MOU, and therefore, under the terms of
2018 — 2021 City of Petaluma POAP Unit 6 MOU
4
Resolution No. 2019-030 N.C.S. Page 11
the MOU, the Association requests that the City terminate the employee's
employment with the City.
3.8 Association - Indemnification and Hold Harmless
The Association 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 Association shall refund to the City
any amounts paid to it in error on presentation of supporting evidence.
SECTION 4 - SALARIES
4.1 Salaries
Effective January 1, 2018, all Unit 6 members shall receive a four percent (4%) base
wage increase, This base wage increase will be retroactive to reflect a January 1, 2018
effective date. The City agrees to worm on implementing retroactive payments as quickly
as administratively feasible following approval by the City Council.
Effective January 1, 2019, all Unit 6 members shall receive a four percent (4%) base
wage increase. This base wage increase will be retroactive to reflect a January 1, 2019
effective date, The City agrees to work on implementing retroactive payments as quickly
as administratively feasible following approval by the City Council.
Effective July 1, 2019, all Unit 6 members shall receive a two percent (2%) base wage
increase.
Effective January 1, 2020, all Unit 6 members shall receive a two percent (2%) base
wage increase.
Salary ranges shall be as specified in Exhibit A for each classification,
4.2 Salary Advanced Upon Promotion
Police Officers at Step Five (5) who are promoted to the position of Sergeant shall
receive at least Step Three (3) of the Sergeant salary range.
4.3 Compensation Survey
The City will update the compensation survey below by April 1, 2021.
Agan
SALARY
RETIREMENT
SUBTOTAL
LONGEVITY PAY
ADV PAY
UNIFORM
HOLIDAY
SUBTOTAL
HEALTH BENEFIT
TOTAL W/ HEALTH
BENEFIT
Santa Rosa
$
9,134 $
(457) $
8,677
-
$
708
$
92 $
681
$ 10,158
$ 2,028
$
12,186
Concord
II 661
8,661
-
866
$
117
512
$ 10,156
$ 1,812
11,967
Napa, City of
$
9,309 $
(512) $
8,797
-
$
200
$
100 $
501
$ 9,598
$ 1,795
$
11,393
Contra Costa CoUn!y
$
8,553 -
8,553
$ 599
$
428
$
73
428
10,080
2,373
12,453
Hercules
$
8,423 $
253
8,170
$ 674
$
295
$
75
421
$ 9,635
2,028
$
11,662
San Rafael
$
8,547
85
8,461
.
$
427
$
122 $
427
9,437
$ 1,972
$
11,410
Novato
7,860 -
7,860
786
$
393
80
423
$ 9,542
1,875
11,417
Martinez
7,967
80 $
7,887
$ 757
$
478
$
75 $
460
$ 9,657
1,554
11,211
Pleasant Hill
$
8,866
$
8,866
443
$
665
$
96 $
443
$ 10513
1,649
$
12,161
Sonoma County
8,385
486
7,899
671
$
42
387
8,998
1,638
10,636
Ayg $
8,570 $
312 $
8,383
$ 652
$
513
$
87 $
468
9,777
$ 1,872
$
11,650
Petaluma
$
7,166 -
$
7,166
$ 358
is
502
107 $
365
$ 8,498
$ 1,933
10,431
Petaluma + •:
$
1,405
$
1,217
$ 293
$
11
$
20 $
103
$ 1,279
$ 61
$
1,219
%To Math
19.60%
11.68%
,ne 4,ryo vow papcv ape, ,eye u,y ueaoo,g 000�, o,,,
'•Sonoma County covers cost of uniforms In lieu of uniform pay,
2018 - 2021 City of Petaluma POAP Unit 6 MOU 5
Resolution No. 2019-030 N.C.S. Page 12
5.1 Special Compensation — Assignment to a Higher Classification
Employees assigned to a higher classification for the entire shift shall be paid five
percent (5%) above his or her base hourly rate of pay.
5.2 Special Compensation — FTO Assigned to Sergeant Duties
A Field Training Officer (FTO) assigned Sergeant duties for the entire shift shall be paid
two and one-half percent (2.5%) above his or her base hourly rate of pay.
5.3 Special Compensation — FTO Assigned to Sergeant Duties for 30 days
A FTO assigned Sergeant duties for thirty (30) or more consecutive calendar days, shall
be paid retroactive to the first hour worked in the amount of five percent (5%) above his
or her base hourly rate of pay.
5.4 Special Compensation — Overtime When Assigned to a Higher Classification
Employees assigned to a higher classification and who work overtime shall be paid at
an overtime rate that includes the higher classification compensation.
5.5 Special Compensation — Field Training Officer
Employees designated as a FTO shall receive five percent (5%) special compensation
above his or her base hourly rate. The City shall not have more than eight (8) officers
designated as a FTO.
5.6 Special Compensation —Traffic Officer
A Traffic Officer assigned to train a Police Officer in the POST training block for traffic
enforcement programs and procedures shall receive five percent (5%) special
compensation above his or her base hourly rate for all hours spent performing this
specific training assignment.
5.7 Special Compensation — Public Safety Dispatcher Training
Employees assigned to train a newly hired Public Safety Dispatcher shall receive five
percent (5%) special compensation above his or her base hourly rate for all hours spent
performing assigned training and those duties directly related to this training (i.e.
evaluation and report writing).
5.8 Special Compensation — Community Service Officer and Parking Enforcement Officer
Employees assigned to train a newly hired Community Service Officers and Parking
Enforcement Officers shall receive five percent (5%) special compensation above his or
her base hourly rate of pay for hours spent performing assigned training duties and
those duties directly related to training (Le. evaluation and report writing).
5.9 Special Compensation — POST Certificate
a. Police Officers and Ser.. eq ants at Step Two (2) or above, with an Intermediate Peace
Officer Standards and Training (POST) Certificate shall receive special
compensation as follows:
I. Intermediate POST
Il. Advanced POST
III. Supervisory Certificate
2018 — 2021 City of Petaluma POAP Unit 6 MOU
Five percent (5%) of base salary
Seven percent (7%) of base salary
Seven percent (7%) of base salary
0
Resolution No. 2019-030 N.C.S. Page 13
b. Public Safetv Dispatchers at Step 2 or above with an Intermediate Peace Officer
Standards and Traininq (POST Certificate shall receive compensation as follows:
I. Intermediate POST One and one-half percent (1.5%) of base
salary
II. Advanced POST Three percent (3%) of base salary
5.10 Special Compensation — Payment for POST Certificate Pay
POST Certificate Pay shall be paid by pay period.
5.11 Special Compensation— Longevity Pay— 15 Years of Service
Employees with fifteen (15) years of paid service with the City of Petaluma as a member
of a City bargaining unit shall receive longevity pay in the amount of five percent (5%)
above his or her hourly rate of pay.
5.12 Special Compensation — Longevity Step — Effective Date
Special compensation for longevity shall commence on the first day of the payroll date
following employee eligibility.
5.13 Special Compensation — Longevity Step — LWOP
Service time for longevity purposes shall exclude any time in a leave without pay status
beyond sixty (60) days.
5.14 Special Compensation — Longevity Step — Prior Service
Employees in the classifications of Police Officer, Police Sergeant, Police Investigative
Sergeant, Police Investigator and Public Safety Dispatcher shall receive up to five (5)
years service credit towards the required fifteen (15) years of service for prior service
with another employer. Credit for prior service shall be for service:
1) In the same classification or higher classification in the same series; and
2) Full-time paid service; and
3) Service in a public safety entity subject to the provisions of the Peace Officers and
Standard Training (POST).
5.15 Special Compensation - Bilingual Pay — Spanish
Eligible employees who are certified for bilingual proficiency in Spanish in accordance
with the City's Bilingual Proficiency Testing and Certification Policy shall receive two
hundred dollars ($200.00) per month for certification at a high-level proficiency or
verbally fluent or one hundred dollars ($100.00) per month for certification at an
acceptable level proficiency or conversational.
SECTION 6 — CANINE HANDLER PROGRAM
6.1 Canine Handler — Compensation
City and Association agree that the estimated amount of off duty compensable time
attributed to all ordinary aspects of canine care, including, but not limited to; handling,
caring for, feeding, grooming, kennel cleaning, cleaning of City vehicle, and ordinary
transport to veterinarian is seven (7) hours per fourteen (14) day pay period.
2018 — 2021 City of Petaluma POAP Unit 6 MOU
Resolution No. 2019-030 N.C.S. Page 14
Compensation for this time shall be time and one-half of the employee's base hourly
rate.
6.2 Canine — Extraordinary Work
All extraordinary work involving the canine handler shall be compensated at time and
one-half. Extraordinary work includes, but is not limited to, unanticipated trips for
emergency veterinary care, special training not normally conducted on a daily or
scheduled basis, and any work which causes a substantial increase in work time
beyond what is compensated Section 6.1. Overtime for such work must be approved
in advance.
6.3 Canine — Canine Food and Care
The City shall provide canine food, reasonable veterinary care, ordinary equipment,
and any other essential items associated with the care and maintenance of any police
canine which has not been permanently retired.
6.4 Canine — Retirement
The Police Chief shall have the sole authority to deem a canine permanently retired
and may factor in past, present and future veterinary costs in making the decision on
whether to permanently retire the canine.
6.5 Canine — Canine Purchase
In the event the City owned canine is permanently retired, the most recent Canine
Handler shall have the option to purchase the canine from the City for one dollar ($1).
The purchase of the Canine shall include an indemnification and hold harmless
agreement signed by the purchasing officer releasing the City from all liability,
including future veterinary care, maintenance, and other costs, relating to the canine.
SECTION 7 — HOURS AND OVERTIME
7.1 Work Week and Work DaV
The work week shall consist of forty (40) hours in one (1) week, based upon a fifty-two
(52) week year. Except as provided hereinafter, an on -duty work day may consist of
eight (8) hours per day in each of five (5) twenty-four (24) hour days, or ten (10) hours
per day in each of four (4) twenty-four (24) hour days.
7.2 Work Period and FLSA
The City designates the relevant "work period" under the Fair Labor Standards Act as a
twenty-eight (28) day cycle for the classifications of Police Officer, Police Sergeant,
Police Sergeant Investigator, and Police Officer Investigator.
7.3 Work Period for Other Classifications
For all other classifications in the Bargaining Unit, the work week shall consist of a
seven-day work week.
7.4 Work Schedule
Except as otherwise provided for in this MOU or local rules or ordinances, and subject
to applicable law, the City reserves the right to establish and modify work schedules,
mandatory shift rotation and assignments.
2018 — 2021 City of Petaluma POAP Unit 6 MOU
Resolution No. 2019-030 N.C.S. Page 15
7.5 Work Schedule — Non -Sworn
Non -Sworn classes shall be on the (4) four / (10) ten work schedule.
7.6 Work Schedule — Temporary Reassignment
Should it be necessary to cover for vacation or other leave for Parking Enforcement
Officers, the City shall have the right to reassign those employees to an alternate work
schedule in order to provide coverage as needed or reassign Community Service
Officers to those duties if a Parking Enforcement Officer is out for more than two (2)
weeks.
7.7 Shift Sign-up
Sign-up for shifts and days off shall be determined by seniority. Seniority is determined
by the amount of time served in the classification at the City of Petaluma. Time served
in the classification shall include time served in a higher classification in the same
series.
7.8 Shift Assignments — Patrol
Police Officers and Sergeants assigned to patrol functions may be assigned to either a
4-10 or a 4-11/3-11 work week as may be mutually agreed upon by the parties.
7.9 Overtime — Training
Employees who are off-duty and attending mandatory training shall be compensated
overtime in accordance with the Fair Labor Standards Act,
7.10 Overtime to the Quarter Hour
Overtime shall be paid to the nearest quarter hour.
7.11 Overtime Compensation — Compensatory Time
Employees shall be compensated for accrued overtime either in cash or as
compensatory time. Employees may accrue up to a maximum of two hundred and forty
(240) hours of compensatory time. When two hundred and forty (240) hours of
compensatory time are accumulated, the City shall compensate the employee in cash
for any additional overtime worked.
7.12 Compensatory Time — Request for Time
An employee wishing to use his or her accrued compensatory time off (CTO) shall make
the request to his or her supervisor in writing. The City shall permit the employee to use
the requested accrued CTO within a reasonable period after making the request, and to
the extent required by the Fair Labor Standards Act (FLSA), so long as the use of the
CTO does not unduly disrupt the operations of the City. The City is not required to grant
use of the CTO on the preferred day or days requested by the employee.
7.13 Compensatory Time Payout
Each employee may request payment of up to 100 hours of the employee's current
balance of compensatory time two times per year, to be paid on the first payday in
December and first payday in June. This payout shall be made in the employee's
regular paycheck. To receive the payout on the first payday in December, the employee
must submit his/her request for payout no later than November 15. To receive the
2018 — 2021 City of Petaluma POAP Unit 6 MOU 9
Resolution No. 2019-030 N.C.S. Page 16
payout on the first payday in June, the employee must submit his/her request for payout
no later than May 15.
8.1 Court Time Pay
Employees who are required to appear in court in response to a subpoena in their off-
duty time shall receive a minimum of four (4) hours of overtime.
8.2 Check -In Requirement Before Appearance
Employees are required to check with the designated department representative the
evening before the required court appearance to determine whether the court
appearance has been cancelled.
8.3 Cancellation of Court Appearance
If the court appearance is cancelled less than twelve (12) hours before the scheduled
appearance, and prior to the employee leaving his or her residence, the employee shall
be compensated a minimum of two (2) hours of overtime.
8.4 No Check -In
If the employee does not check in as required with the designated department
representative the evening before the scheduled court appearance, the employee shall
not receive the court time minimum if the court appearance was cancelled the night
before.
8.5 Call Back Pay
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.
8.6 Court Time Minimum and Callback
Employees who have received the court time minimum of four (4) hours and who are
then called back to work shall not receive call back pay. Employees shall be
compensated for all hours worked after four (4) hours.
8.7 Court Time When Receiving Labor Code 4850 Benefits
Employees who are required to appear in court in response to a subpoena while
receiving Labor Code Section 4850 benefits shall not receive the minimum court time
pay. Employees shall be compensated at his or her regular hourly rate and paid at the
overtime rate for hours that exceed his or her regularly scheduled work day.
8.8 Standby Duties
Standby duties require that an employee designated by the Police Chief or his or her
designee to be so assigned during off-duty hours, be ready to respond as soon as
possible, be reachable by telephone or pager, be able to report to court within a
specified period of time, and refrain from activities which might impair the employee's
ability to perform assigned duties.
2018 — 2021 City of Petaluma POAP Unit 6 MOU 10
Resolution No. 2019-030 N.C.S. Page 17
8.9 Standby Pay
An employee who is assigned to standby shall be paid $3.25 for each hour that the
employee stands by on call.
9.1 Shift Differential Compensation — Swing Shift
Employees regularly assigned to the swing shift teams shall receive an additional three
percent (3%) above his or her base hourly rate. Any employee regularly assigned to the
swing shift team with a shift start time of 6:00p.m. (1800 hours) or later shall receive the
graveyard shift differential premium as outlined below.
9.2 Shift Differential Compensation — Graveyard Shift
Employees regularly assigned to the graveyard shift teams shall receive an additional
five percent (5%) above his or her base hourly rate.
10.1 Uniforms Required
Employees are required to wear the uniform that conforms to the specification in the
written uniform policy established by the Police Chief.
10.2 Uniform Allowance — Newly Hired Employees
The City shall provide newly hired employees, except full-time and part-time job share
Public Safety Dispatchers, with the uniform required in the specifications outlined in the
uniform policy.
10.3 Uniform Allowance - Newly Hired Public Safety Dispatchers
The City shall provide newly hired full-time and part-time job share Public Safety
Dispatchers with a lump sum payment upon hire in the amount of four hundred dollars
($400) to purchase uniforms.
10.4 _Uniform Allowance — Police Officers and Police Sergeants
Police Sergeants and Police Officers shall be provided with a uniform allowance in the
amount of one and one-half percent (1.5%) of Step five (5) of the Police Officer annual
salary.
10.5 Uniform Allowance — Community Service Officers, Police Officer Trainees, Evidence
Technicians, and Parking Enforcement Officers
Community Service Officers, Evidence Technicians, and Parking Enforcement Officers
shall be provided with a uniform allowance in the amount of one and one-half percent
(1.5%) of Step five (5) of the Community Service Officer annual salary.
10.6 Uniform Allowance — Public Safety Dispatchers
Full-time and part-time job share Public Safety Dispatchers shall be provided with a
uniform allowance in the annual amount of two hundred and sixty dollars ($260) or ten
dollars ($10) a pay period.
2018 — 2021 City of Petaluma POAP Unit 6 MOU 11
Resolution No. 2019-030 N.C.S. Page 18
10.7 Uniform Allowance Pay
Employees shall receive uniform allowance pay in amount specified above which is
based upon classification. Uniform allowance pay shall be paid each pay period.
SECTION 11 — HOLIDAYS
11.1 Scheduled Holidays — Defined
Scheduled holidays shall be the observed twelve (12) holidays established by City
Council Resolution.
11.2 Floatinq Holiday — 8 hours
On a fiscal -year basis, employees regularly assigned to an eight-hour work day shall
receive one eight-hour floating holiday.
11.3 Floating Holiday — 10 hours
On a fiscal -year basis, employees regularly assigned to a ten-hour work day shall
receive one ten-hour floating holiday.
11.4 Floating Holiday— Time Off
The floating holiday may be taken as time off on a day mutually agreeable to the
employee and the Police Chief.
11.5 Floating Holiday— Payment
Employees not taking the floating holiday by June 30 shall receive payment for the
floating holiday.
11.6 Day Observed
If the scheduled holiday falls on a Saturday, the proceeding Friday shall be the
observed holiday. If a scheduled holiday falls on a Sunday, the following Monday shall
be the observed holiday. All other scheduled holidays shall be observed on the date
specified in the City Council resolution.
11.7 Holiday Pay
Employees regularly required to work holidays shall be compensated with holiday pay in
lieu of the holiday in the amount of eight (8) hours for each observed holiday as the
holiday occurs. Holiday pay shall be calculated based the employee's regular hourly
rate in effect at the time of payment.
11.8 Holiday Pay— Leave without Pa Sy tatus
Employees in a leave without pay status during the calendar year shall not receive
holiday pay for holidays which occur during a leave without pay status.
2018 — 2021 City of Petaluma POAP Unit 6 MOU
12
Resolution No. 2019-030 N.C.S. Page 19
12.1 Vacation Accrual
Employees shall accrue vacation as follows:
Years of Service
ccrualHours
Vacation Accrual(Hours)
Accrual Limit
Through year 1
80 hours
160 hours
Through year 4
96 hours
192 hours
Through year 9
120 hours
240 hours
Through year 10
128 hours
256 hours
Through year 11
136 hours
272 hours
Through year 12
144 hours
288 hours
Through year 13
152 hours
304 hours
Through year 14
160 hours
320 hours
Through year 15
168 hours
336 hours
Through year 16
176 hours
352 hours
Through year 17
184 hours
368 hours
Through year 18
192 hours
384 hours
19 or greater
200 hours
400 hours
12.2 Vacation Accrual Limit
Vacation accumulation in excess of two years shall not be allowed.
12.3 Vacation Accruals for Rehires
The vacation accrual rate for an individual rehired into the bargaining unit pursuant to
Section 12 Reinstatement of the City of Petaluma Personnel Rules and Regulations
shall include all years of service in a regular City of Petaluma position, including those
that preceded said employee's separation from City of Petaluma.
SECTION 13 — LEAVES — SICK LEAVE
13.1 Sick Leave Accrual
Employees shall accrue sick leave at the rate of eight (8) hours each month. The
accrual rate shall be adjusted and prorated for any unpaid time in a pay period.
13.2 Sick Leave Usage
Sick leave with pay shall be granted to all employees. Sick leave is not a right; rather it
is to be used for the employee's own incapacity due to illness or injury, medical or dental
treatment and/or appointments, family leave as outline in this MOU.
2018 — 2021 City of Petaluma POAP Unit 6 MOU
13
Resolution No. 2019-030 N.C.S. Page 20
13.3 Sick Leave Notification
Employees are required to notify his or her supervisor or designee a minimum of two (2)
hours prior to the time his or her shift commences of absences requiring sick leave.
Employees may delay notification only for unusual or unforeseen circumstances.
13.4 Physician Verification
Employees absent for three (3) or more work days, are required to provide physician's
verification of absence.
13.5 Sick Leave Usage — Family Purposes
Employees shall be allowed to use sick leave for family purposes in the case of serious
illness or injury of the employee's family member which requires the employee's
attention. Family mernber shall be defined as spouse, dornestic partner, children,
parents, spouse's parents, brothers, sisters, or other individuals whose relationship to
the employee is that of a dependent.
13.6 Sick Leave for New Born Child Care
Employees shall be allowed to use up to twenty-one (21) calendar days of sick leave for
new born child care.
13.7 Sick Leave and Workers' Compensation
(A) Miscellaneous Employees
The City shall provide miscellaneous employees (non -sworn) with workers'
compensation benefits in accordance with workers' compensation law. During
the first one hundred and sixty (160) hours of absence for industrial disability the
City shall provide paid worker's compensation leave at the employee's regular
salary rate. For an absence beyond the 160 hours, an employee shall be allowed
to use sick leave, vacation or compensatory time to supplement workers'
compensation temporary disability benefits for a period up to six (6) consecutive
months unless sick leave is exhausted or the employee is determined to be
permanent and stationary. Employees may opt not to use accrued leave to
supplement temporary disability benefits.
(B) Safety Employees
Any safety employee, who is disabled from performing the normal range of duties
attached to his or her position, as determined under applicable law, shall be
retired for disability. Pursuant to Government Code section 21164, the
employee's effective retirement date shall be no earlier than the date upon which
leave pursuant to Labor Code section 4850 terminates or the date upon which
the employee has been declared to be permanent and stationary as found by the
Workers' Compensation appeals Board, whichever is earlier. Should the
employee consent, however, the employee may be retired at an earlier date than
either of those dates.
Notwithstanding the provisions of Government Code Section 21163, an
employee who is otherwise incapacitated for duty and eligible for disability
retirement may not be allowed to postpone the effective date of his or her
retirement by using any sick leave to which the employee might otherwise be
entitled.
2018 — 2021 City of Petaluma POAP Unit 6 MOU 14
Resolution No. 2019-030 N.C.S. Page 21
13.8 Sick Leave Payout Upon Retirement
In the event of retirement, an employee who as completed ten (10) years or more with
the City of Petaluma shall receive fifty percent (50%) of his or her accumulated but
unused sick leave, not to exceed seven hundred (700) hours.
13.9 Sick Leave When Approved for Vacation
Employees who become seriously ill or injured during an approved vacation may
request sick leave. An employee shall provide medical verification of his or her serious
illness or injury from a physician or medical practitioner.
SECTION 14 — LEAVES — WORKERS' COMPENSATION
Employees may use temporary disability or Labor Code Section 4850 benefits for attending
medical appointments while working modified duty and not yet permanent and stationary. This
use of benefit is not meant to increase the level of benefit only to permit its use in such
circumstances.
SECTION 15 — LEAVES — BEREAVEMENT LEAVE
15.1 Bereavement Leave — Time Off
Employees shall be granted up to forty (40) hours of bereavement leave in the event of
death in the employee's family.
15.2 Bereavement Leave — Definition of Family
For the purpose of bereavement leave, 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.
SECTION 16 — LEAVES — LEAVE FOR VICTIMS OF DOMESTIC VIOLENCE &
SEXUAL ASSAULT
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
their active duty or 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.
2018 — 2021 City of Petaluma POAP Unit 6 MOU
15
Resolution No. 2019-030 N.C.S. Page 22
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 or she will be taking time off to vote.
SECTION 19 — LEAVES — SCHOOL VISITATION LEAVE
Employees shall be entitled to take up to forty (40) hours in a year to participate in the child's
school activities, in accordance with Labor Code section 230.8.
20.1 Leave of Absence Without Pay — Employee Request/City Manager Approval
The City Manager may grant a regular or probationary employee leave of absence
without pay for a period not to exceed three (3) months. Good cause being shown by
written request, the City Manager may extend the leave of absence without pay 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 shall 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.
20.2 Leave of Absence Without Pay — Seniority, Salary Range Advancement and
Probationary Period
Commencing July 1, 2012, an employee will not accrue seniority or accrue service time
for salary range advancement during a leave of absence without pay. The City Manager
may extend the probationary period by the length of the leave of absence without pay.
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.
SECTION 22 — LEAVES — 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
2018 — 2021 City of Petaluma POAP Unit 6 MOU 16
Resolution No. 2019-030 N.C.S. Page 23
conflict arise between health providers, a third and binding opinion, at City expense
shall be sought,
23.1 Preqnancy Disability Leave
The City shall provide pregnancy disability leave (PDL) for eligible employees as
required by City policy and applicable 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,
23.2 PDL — Transfer
In addition to or in lieu of a leave of absence, an employee with a pregnancy -related
disability may request a transfer to a different position. Such a request must be
accompanied with a certification from the employee's health care provider that such a
transfer is medically advisable. If a position is available for which the employee is
qualified and the transfer request can be reasonably accommodated, the Human
Resources Director will grant the transfer request.
Discrimination, harassment and retaliation against any employee for employment because of
an employee's race, religion, creed, political affiliation, color, national origin, ancestry, sex,
sexual orientation, gender (or gender identity), age, familial status, veteran's status, physical or
mental disability or medical condition is prohibited. A City employee who feels he or she has
been discriminated against, harassed, or retaliated against needs to report the conduct
immediately to his or her supervisor or to the Human Resources Director.
SECTION 25 — REASONABLE ACCOMMODATION
The City may reasonably accommodate any known protected disability of an employee
pursuant to the Americans with Disability Act or the California Fair Employment and Housing
Act, if the accommodation is not in conflict with the provisions of this MOU or the Meyers-
Milias-Brown Act,
SECTION 26 — CALIFORNIA PUBLIC EMPLOYEES' RETIREMENT SYSTEM
The Association and the City have reached agreement on establishing a different level of
benefits (two-tiered retirement) for newly hired Safety — Police and Miscellaneous employees.
Effective upon agreement with the City's other Miscellaneous or Safety bargaining units, the
City shall amend its contract with CaIPERS. The amended contract shall provide that Safety —
Police employees hired after the effective date of the amendment shall receive the 3% at 55
formula retirement plan and the three-year final average compensation; instead of the current
benefit of 3% at 50 formula retirement plan and one-year final average compensation. 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
2018 — 2021 City of Petaluma POAP Unit 6 MOU 17
Resolution No. 2019-030 N.C.S. Page 24
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 CaIPERS contract amendment.
Effective June 30, 2001, the City provided Police Safety members with the 3% at 50 formula
retirement plan. The City's contract with CaIPERS includes the following optional benefits:
® Fourth Level - 1959 Survivor's Benefit as provided in Section 21574 (June 30, 1996).
® Military Service Credit as provided in Section 21024 (January 4, 1996).
® One -Year Final Compensation as provided in Section 20042 (July 1, 1982).
® Credit for Unused Sick Leave as provided in Section 20965 (July 1, 1982).
® Cost of Living Allowance two percent (2%) as provided by Section 21329 (July 1,
1982).
® Retired Death Benefit of $500 as provided in Section 21620 (July 1, 1982).
® Death Benefit Continues as provided in Section 21551 (January 1, 2000).
® Prior Service Credit as provided in Section 20055 (July 1, 1982),
The City provides Miscellaneous members with the 2% at 55 formula retirement plan. The
City's contract with CaIPERS 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 $500 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 CaIPERS
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 CaIPERS.
27.2 Active Employees — Additional Benefit
Effective January 1, 2018 the City shall pay an additional benefit that depends upon the
actual percentage increase in the Kaiser — Bay Area premium. The City's additional
benefit contribution for 2018 shall be up to a 9% increase of the 2017 Health Plan Rate
less the City's PEMHCA contribution, multiplied by 95%, or an amount equal to the
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actual 2018 CaIPERS Health Premium for Kaiser -Bay Area, less the City's PEMHCA
contribution, multiplied by ninety-five percent (95%) for current employees and their
covered family members, whichever is less. If the percentage increase is greater than
9%, the City and the employee shall share the amount above 9%, with the City paying
50% of the amount above 9% and the employee paying 50% of the amount above 9%.
For example, effective January 1, 2018, the monthly premium at the Kaiser rate for
single health benefit coverage was $779.86 and the PEMHCA rate was $133.00. The
additional benefit was calculated at $779.86 less $133.00 multiplied by 95% = $614.52.
The employee contribution was $32.34 ($779.86 - $133 - $614.52= $32.34). The 2019
monthly premium at the Kaiser rate for single health benefit coverage is $768.25 and
the PEMHCA rate is $136.00. The additional benefit is calculated at $768.25 less
$136.00 multiplied by 95% = $600.64. The employee contribution is $31.61.
The 2020 CaIPERS 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
CaIPERS Health premium for Kaiser — Bay Area, less the City's PEMHCA contribution,
multiplied by ninety-five percent (95%) for current employees and their covered family
members. If the percentage increase is greater than 9%, the City and the employee
shall share the amount above 9%, with the City paying 50% of the amount above 9%
and the employee paying 50% of the amount above 9%.
27.3 Employee Contribution
Employees shall contribute to his/her CaIPERS Health Premium in the amounts less
the City's PEMHCA contribution and less the additional benefit paid by the City.
SECTION 28 — HEALTH BENEFITS — RETIRED EMPLOYEES
28.1 Retired Employees -- CaIPERS and the PEMHCA
The City currently provides health benefits through CaIPERS under the Public
Employees' Medical and Hospital Care Act (PEMHCA). In order for a retired employee
to be eligible to receive health benefits through CaIPERS after retirement, a City of
Petaluma retiree must meet the following definition of "annuitant" under CaIPERS law:
(A) Employee must be a member of CaIPERS; and
(B) Employee must retire within 120 days of separation from employment with the
City of Petaluma and receive a monthly retirement allowance from CaIPERS.
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 was 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.
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Effective calendar year 2013 the "unequal contribution" method for health care premium
payments for annuitants (retirees) reached the twenty-year mark. Thus, the City's
contribution for the PEMHCA program is 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 CaIPERS. 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
A retired 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.
28.5 Less Than 20 years of Service — Receiving PEMHCA Health Benefits
A retired employee with less than twenty (20) years 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 is eligible to receive the City's PEMHCA contribution. The
monthly employer contribution for annuitants receiving PEMHCA Health Benefits is the
required minimum PEMHCA contribution.
28.6 20 Years or More of Service — Not Receivinq PEMHCA Health Benefits
A retired 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 fifty-six dollars and eighty-three cents
($156.83) 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
A retired 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 and fifty-six
dollars and eighty-three cents ($156.83) per month as specified in this section.
The City's cash retiree benefit is sent directly to the retiree.
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The following chart indicates the amount of the City's PEMHCA contribution and the
amount of the cash payment to the retiree in the coming years:
Calendar-
City Monthly PEMHCA
City Cash Retiree Benefit
Total Benefit
Year
Contribution
Amount
2016
$125.00
$31.83
$156,83
2017
$128.00
$28.83
$156.83
2018
$133.00
$23.83
$156.83
2019
$136.00
$20,83
$156,83
Total benefit amount of $156.83 minus
2020
Minimum PEMHCA contribution
the City monthly PEMHCA
$156.83
as set by CaIPERS,
contribution
It is the responsibility of the retiree to notify the City in writing if he or she is no longer
participating in the CalPERS health benefit program. Following receipt of the written
notice, the City shall commence direct payment of the one hundred fifty-six dollars and
eight -three cents ($156.83) at the beginning of the following month.
29.1 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
shall receive the City's PEMHCA contribution amount specified in Section 28.4,
regardless of the number of years of service with the City of Petaluma.
29.2 Less Than 20 Years Of Service — Not Receivinq PEMHCA Health Benefits
An employee with less than twenty (20) years of service with the City of Petaluma who
retirees into CalPERS from the City of Petaluma based upon disability and is not
enrolled in the CalPERS health benefit program shall receive direct payments in the
amount of one hundred fifty-six dollars and eighty-three cents ($156.83) each month for
eighteen (18) months.
29.3 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
retirees into CalPERS from the City of Petaluma based upon disability and is enrolled in
the CalPERS health benefit program shall receive a benefit payment of one hundred
and fifty-six dollars and eighty-three cents ($156.83) as specified in Section 28.6.
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 or 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 CalPERS Kaiser - Bay Area/Sacramento that the City
would otherwise pay for the employee and his or her family members. The cash in lieu amount
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for dental insurance benefits shall be in the amount of fifty percent (50%) of the established
dental program composite rate.
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
premiums with pre-tax dollars.
(B) Flex Spending Accounts
pay his or her share of health insurance
(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 PROGRAM
The City shall provide a dental plan 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) per person. Orthodontic coverage shall be
provided for dependent children under the age of twenty-six (26) years and is 50% of the
dentist's allowed fee (subject to a $1,000 lifetime maximum per dependent child).
SECTION 33 — VISION PROGRAM
The City shall provide a vision plan for employees and dependents. The City shall pay the
premium. The plan coverage shall be as indicated on provider contract documents on file in
Human Resources.
SECTION 34 — LIFE INSURANCE
The City shall provide employees with life insurance coverage in the principal amount of fifty
thousand dollars ($50,000).
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35.1 Association Coverage through PORAC
The Association, through the Peace Officers Research Association of California
(PORAC) shall provide eligible employees with long-term disability (LTD) insurance
coverage, subject to plan provisions.
35.2 Mandatory Enrollment
Employees are required, subject to plan provision to enroll in the PORAC LTD plan.
35.3 LTD— Premium Reimbursement
The City shall reimburse the Association in the actual amount of the premium cost of the
LTD coverage up to $32.50 per month.
SECTION 36 — EMPLOYEE ASSISTANCE PROGRAM
The City shall provide an Employee Assistance Program to employees and dependants.
The City of Petaluma shall make available a Deferred Compensation Plan to employees.
SECTION 38 — MEET AND CONFER ON PSYCHOLOGICAL FITNESS FOR DUTY
The parties agree to meet and confer in good faith during the contract term with respect to
several concerns of the Association regarding the City's Psychological Fitness for Duty policy.
No obligation is imposed on either party by this provision, however, beyond the obligation to
meet and confer in good faith in a sincere attempt to reach an understanding acceptable to
both parties; in the event of a failure to reach agreement, the existing policy shall continue in
effect during the contract term.
SECTION 39 — SICK LEAVE TRANSFER
39.1 Sick Leave Transfer
Employees wishing to donate hours of sick leave to another employee may do so by
sending a written request, approved by the Police Chief, to Human Resources naming
the employee to receive the sick leave transfer and the amount donated, with the
following restrictions listed in 39.2.
39.2 Sick Leave Transfer — Limitations
Sick transfers shall be subject to the following limitations:
(A) Transfer of sick leave shall be allowed between all Units.
(B) Employees are not permitted to transfer sick leave when they separate
employment with the City.
(C) A donor must retain a balance of forty (40) hours.
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(D) Transfer amounts shall be limited to the number of actual hours needed and
used by the recipient.
(E) Any donated sick leave hours unused by a recipient, shall be returned to the
donor.
(F) The recipient must have a zero balance in sick leave, compensatory time and
vacation.
(G) A recipient may receive no more than one thousand and forty (1,040) hours.
(H) The donation must be for an illness or injury involving extreme physical pain or
the impairment of a function of a bodily member, organ or mental faculty, and
requiring medical intervention such as surgery, hospitalization, or physical
rehabilitation.
The position of Police Officer Trainee is a Miscellaneous member under CalPERS and is a
non -sworn classification.
SECTION 41 — SHARED POSITION
41.1 Shared Position
The Public Safety Dispatcher 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.
41.2 Sixty ays' Notice
.In the event that the shared position is terminated or reallocated to a full-time position
the City will provide a sixty-day (60) notice to the employees occupying the shared
position.
41.3 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 Public Safety Dispatcher position and or considered for any
available position for which he or 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.
41.4 Employee Termination of Position
In the event one of the employees terminates his or her shared position for any reason,
the shared position assignment will terminate and the position will reallocate to a regular
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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.
41.5 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 40 hours but less than 80 hours of work per pay period.
41.6 Shared Position -Work Week and Work Day
The work week shall consist of twenty (20) hours in a seven-day work week, based
upon a fifty-two (52) week year. A workday may consist of five (5) hours or ten (10)
hours per day in each twenty-four (24) hour day.
41.7 Seniority
Seniority for the shared position employee shall be determined on the same basis as a
regular full-time Public Safety Dispatcher employee.
41.8 Shift Biddinq Between the Shared Position Employees
The shared position employee with the most seniority shall bid on the shift. The other
shared position employee shall be assigned to the shift selected or bid by the shared
position employee with the most seniority.
41.9 Overtime
Overtime shall be paid in the same manner as a regular full-time employee.
41.10 Pro -rated Leave and Benefits
All leave and all benefits shall be on a pro -rated basis of 50%.
41.11 Merit Pay, Step Increases, and Probationary Period
Standards for merit pay, step increases, and probationary period for the shared position
employee shall be on the same basis as a regular full-time employee.
SECTION 42 — DISCIPLINE AND APPEALS PROCEDURE
42.1 General Rules of Conduct
It is expected that all City employees shall render the best possible service and reflect
credit on the City. Therefore, the high standards of professional conduct are essential
and expected of all such employees.
42.2 Disciplinary Actions
The City may invoke the following types of disciplinary actions:
Verbal Counseling
Letters of Counseling
Corrective Written Action
Written Reprimand
Suspension without Pay
Demotion
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Termination
42.3 Grounds for Discipline
A non -probationary employee may be disciplined for good cause, Good cause exists,
not only when there has been an improper act or omission by an employee in the
employee's official capacity, but when any conduct by an employee brings discredit to
the City, affects the employee's ability to perform duties, causes other employees not to
be to able to perform their duties, or involves any improper use of position for personal
advantage or the advantage of others. The type of disciplinary action shall depend on
the seriousness of the offense and the relevant employment history of the employee.
Causes for disciplinary action against an employee may include, but shall not be limited
to, the following:
(A) Unexcused or unauthorized absence from work.
(B) Reporting to work impaired and or not able to perform duties,
(C) Refusal, failure, incompetence, inefficiency or delay in performing and or
carrying out proper orders, work assignments or instructions of supervisors
without reasonable and bona fide excuse.
(D) Unauthorized fighting, threatening, or attempting to inflict bodily injury on
another; engaging in potentially dangerous horseplay that is likely to or
does result in bodily injury or property damage.
(E) Misuse of or misappropriation of City resources, property or funds.
(F) Failure to report activities on the employee's own part or the part of any
other employee where such activities may result in criminal prosecution or
discipline under this policy,
(G) Failure of any employee to report activities which have resulted in official
contact by any other law enforcement agency relating to potentially criminal
conduct by the employee.
(H) Discourteous, disrespectful or discriminatory treatment of any member
of the public or any member of this Department.
(1) Falsification of records (including failure to disclose material facts or the
making of false or misleading statements on any application or examination
form), the making of misleading entries or statements with the intent to
deceive on any official document, report or form, or the willful and unauthorized
destruction and or mutilation of any official document, report or form.
(J) Failure to take reasonable action while on -duty and when required by law,
statute, resolution, or approved Department practices or procedures.
(K) Unauthorized, intentional release of designated confidential information,
materials, data, forms, or reports.
(L) The receipt or acceptance of a gratuity, reward, fee or gift from any
person for service incident to the performance of the employee's duties
(lawful subpoena fees and authorized work permits excepted).
(M) Any knowing or negligent violation of the provisions of the Department
Manual, Operating Procedures or other written directive of an authorized
supervisor.
(N) Substantiated, active, continuing association on a personal rather than
official basis with a person or persons who engage in or are continuing to
engage in serious violations of state or federal laws, where the employee
has or reasonably should have knowledge of such criminal activities,
except where specifically directed and authorized by the Department (and
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except where the individuals are members of the employee's immediate
family).
(0) Solicitations, speeches, or distribution of campaign literature for or
against any political candidate or position while on -duty or on
Departmental property except as expressly authorized.
(P) Work-related dishonesty, including attempted or actual theft of City
property, services or the property of others.
(Q) Exceeding lawful peace officer powers by unreasonable, unlawful or
excessive force or conduct.
(R) Conviction of a felony, or conviction of a misdemeanor involving moral
turpitude.
(S) Any other on -duty or off-duty conduct which any employee knows or
reasonably should know is unbecoming to a member of the Department or
which is contrary to good order, efficiency or morale, or which tends to
reflect unfavorably upon the Department or its members.
42.4 Investigation of Disciplinary Allegations — Employees Subiect to the POBRA
Regardless of the source of an allegation of misconduct, all such matters will be
investigated in accordance with this Department's Personnel Complaint Procedure Policy
Manual pursuant to Public Safety Officers Procedural Bill of Rights Act (POBRA). The
investigation should be completed within one (1) year of the discovery of the allegation
unless such investigation falls within one of the exceptions delineated within those
provisions.
42.5 Procedures for Disciplinary Actions
(A) Written Reprimands for Employees Subject To POBRA
Written reprimands shall be recommended by Police Sergeants, or Police
Lieutenants. An employee subject to the Public Safety Officers Procedural Bill of
Rights Act (POBRA) who is recommended for a written reprimand shall:
(1) Receive a notice of intended written reprimand and all supporting
documentation from the Police Sergeant and or Police Lieutenant.
(2) Receive a notice that, before the written reprimand becomes final, he or
she has the opportunity to meet with the Police Chief in an informal
conference (not an evidentiary hearing) with a representative of his or her
choosing.
(3) The employee may present any information he or she wishes that may
mitigate the proposed written reprimand. The Police Chief will hear and
consider the facts presented by the employee and shall thereafter make
a decision to impose, rescind or modify the proposed written reprimand.
The employee shall have no further appeal rights.
(4) The employee may within thirty (30) days of receipt of the written
reprimand prepare a written response and have it placed with the written
reprimand.
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(B) Written Reprimands for Employees Not Subject To POBRA
An employee not subject to POBRA shall:
(1) Receive the written reprimand and all supporting documentation from his
or her supervisor.
(2) The employee may within Wily (30) days of receipt of the written
reprimand prepare a written response and have it placed with the written
reprimand.
(3) The employee shall have no right of appeal.
(C) Suspensions Without Pay for Forty (40) Hours or Less for Employees Not
Subject to POBRA
Suspensions without pay for forty (40) hours or less for employees who are not
subject to POBRA shall be recommended by a Police Lieutenant to the Police
Chief. A regular (non -probationary) employee recommended for a suspension
without pay for forty (40) hours or less shall:
(1) Receive a notice of intended suspension without pay and all supporting
documentation from the Police Lieutenant.
(2) Receive a notice that, before the suspension becomes final, he or she
has the opportunity to meet with the Police Chief in an informal
conference (not an evidentiary hearing) with a representative of his or
her choosing to respond to the charges in the notice of intended
suspension.
(3) An employee who disputes such suspension must submit a written
request for an opportunity to respond to the charges to the Police Chief
within ten (10) days of receipt of the notice of intended discipline. At the
informal conference ("Skelly hearing"), the employee may present any
information he or she wishes that might mitigate the proposed suspension.
The employee has the right to have a representative present at the Skelly
hearing.
(4) The Police Chief shall serve as the Skelly officer so long as the Police
Chief was uninvolved in the initial decision to impose discipline. If the
Police Chief was involved in the initial decision to impose the discipline,
the City Manager shall designate a disinterested person who was
uninvolved in the initial decision to impose the discipline to serve as Skelly
officer. The Skelly officer will hear and consider the facts presented by the
employee. The Police Chief shall make the decision as to the final
discipline to be imposed and shall so notify the employee in writing. The
employee shall have no further appeal rights.
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(D) Suspensions Without Pay, Demotions and Terminations
The following procedures apply to:
(1) Suspensions without pay for more than forty (40) hours, demotions and
terminations for non -probationary employees who are not subject to
POBRA.
(2) Suspensions without pay, demotions and terminations for non -
probationary employees who are subject to POBRA
Such disciplinary actions shall be recommended by the Police Lieutenant
to the Police Chief. Employees subject to these types of disciplinary
actions shall:
(3) Receive a notice of intended discipline and all supporting documentation
from the Police Lieutenant.
(4) Receive a notice that, before the discipline becomes final, he or she has
the opportunity to respond to the charges in writing or at an informal
conference ("Skelly hearing) which is not an evidentiary hearing. The
Police Chief shall serve as the Skelly officer so long as the Police Chief
was uninvolved in the initial decision to impose discipline. If the Police
Chief was involved in the initial decision to impose the discipline, the City
Manager shall designate a disinterested person who was uninvolved in the
initial decision to impose the discipline to serve as Skelly officer.
(5) An employee who disputes such disciplinary action must submit a written
request for an opportunity to respond to the charges to the Police Chief
within ten (10) days of receipt of the notice of intended discipline. At the
Skelly hearing, the employee may present any information he or she
wishes that might mitigate the proposed discipline. The employee has
the right to have a representative present at the Skelly hearing.
(6) The person designated to hear the employee's response shall consider
the facts presented by the employee. The Police Chief shall make a
recommendation to the City Manager regarding the final discipline to be
imposed.
(7) The City Manager shall consider the recommendation of the Police Chief
and shall then issue the final notice of discipline. The discipline shall then
be imposed subject to the employee's appeal rights (discussed below).
(E) Appeal of Disciplinary Action — Personnel Board or Arbitrator
For disciplinary actions set forth in Section D above only, there is the right to
appeal the final notice of discipline to either the Personnel Board or Arbitrator,
but not both.
(F) Appeal of Disciplinary Action — Personnel Board
For disciplinary actions set forth in Section D above only, the employee shall
have the right to appeal the final notice of discipline to the Personnel Board.
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(1) The notice of appeal must be received by the Police Chief within seven (7)
calendar days from the date of the final notice of discipline, or the right to
proceed to the next appeal level shall be forfeited and the discipline shall
become final.
(2) Appeal to Personnel Board
Rules of Appeal to the Personnel Board are processed in accordance with
Section 2 - Rules of Appeal to Personnel Board outlined in the City of
Petaluma's Personnel Rules and Regulations.
(G) Appeal of Disciplinary Action — Arbitrator
For disciplinary actions set forth in Section D above only, the Association shall
choose to have the appeal heard by an Arbitrator.
(1) If the Association chooses to have the appeal heard by an Arbitrator, the
parties shall mutually select an Arbitrator to hear the appeal. If the parties
are unable to choose an Arbitrator, the City shall request a list of seven (7)
arbitrators from the State Mediation and Conciliation Service. The parties
shall alternately strike names from the list until one name remains and that
individual shall serve as the Arbitrator.
(2) The Arbitrator shall have the authority to convene the hearing, receive
evidence through testimony and documents and to make findings of fact
and conclusions about the discipline. Within two (2) months of the close of
the hearing, the Arbitrator shall serve a decision on the City Manager and
the employee.
(3) The Arbitrator's fees shall be shared equally by the City and the
Association. The Arbitration hearing shall be transcribed by a court
reporter. Parties requesting a copy of the court reporter's transcript shall
share equally the costs of the court reporter's fees and of the hearing
transcript. If the Association does not request a copy of the hearing
transcript, the City shall bear the cost of the court reporter's fees. Each
party, however, shall bear the cost of its presentation, including
preparations and post hearing briefs.
42.6 Probationary Employees — Name Clearing Hearing
(A) Probationary employees released from probation have no right to appeal.
(B) A probationary employee released from probation for conduct which may tend to
stigmatize the employee's reputation, shall be entitled to a "name -clearing" hearing.
The "name -clearing" hearing shall be before the Police Chief, The Police Chief
shall make the final decision regarding the "name -clearing."
(C) Nothing in this policy or procedure should be construed to establish any sort of
property interest in or right to the probationary employee's continuation of
employment.
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43. 1 Purpose of the Procedure
The purpose of the grievance procedure is to:
(A) Promote improved employer-employee relations by establishing grievance
procedures on matters for which appeal or hearing is not provided by other City
procedures.
(B) Afford employees (individually or through the Association) a systematic means of
obtaining further considerations of problems after every reasonable effort has failed
to resolve them through discussions.
(C) Provide that grievances shall be settled as near as possible to the point of
origin.
(D) Provide that appeals shall be conducted as informally as possible.
43.2 Grievance Procedure
(A) Step One
An employee who has a problem or complaint should first try to get it settled
through discussion with his or her supervisor without undue delay. Every effort
should be made to find an acceptable solution by informal means at his and her
lowest possible level of supervision.
(B) Step Two
If the employee is not in agreement with the decision reached by discussion in
Step One, the employee shall have the right to file a Step Two appeal in writing
within ten (10) calendar days after receiving the Step One decision, The Step
Two Appeal shall be presented in writing to the employee's Lieutenant, who
shall render a decision and comment in writing and return it to the employee
within ten (10) calendar days after receiving the appeal. Failure of the employee
to take further action within five (5) calendar days after receipt of the written
decision of the Lieutenant, or within a total of fifteen (15) calendar days if no
decision is rendered shall be considered by the City an irrevocable dropping of the
appeal.
(C) Step Three
If the employee does not agree with the Police Lieutenant's decision at Step
Three, or if no Step Three answer has been received within ten (10) calendar days,
the employee may present a Step Three Appeal in writing to Police Chief, The
Police Chief shall discuss the Step Three Appeal with the employee, and his or
her representative if requested, and any other person the Police Chief deems
appropriate, if any. The Police Chief shall render a decision in writing and return
it to the employee within ten (10) calendar days after receiving the appeal. Failure
of the employee to take further action within five (5) calendar days after receipt of
the decision or within a total of fifteen (15) calendar days if no decision is
rendered shall be considered by the City an irrevocable dropping of the appeal.
(D) Step Four
If the employee does not agree with the decision reached at Step Three or if no
answer has been received within ten (10) calendar days, he or she may present the
Step Four Appeal in writing to the City Manager. After receiving the Step Four
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Appeal, the City Manager, or a designated representative, shall discuss the
grievance with the employee, employee's representative if requested, and with other
appropriate persons the City Manager deems appropriate, if any. The City
Manager may designate a fact-finding committee or officer not in the normal line
of supervision, to advise him or her concerning the appeal. The City Manager
shall render a Step Four decision in writing to the employee within twenty (20)
calendar days after receiving the grievance.
(E) Step Five
If the employee does not agree with the City Managers' decision at Step Four, or
if no Step Four answer has been received within twenty-five (25) calendar days,
the employee may present a Step Five appeal in writing to the City Manager or his
or her designee. An employee who chooses to appeal Step Four and has the right
to elect either of the two (2) following procedures outlined below. In order to elect a
procedure herein, the employee must give written notice of his or her intent to
proceed under a specific procedure at the time this Step is invoked. Such written
election shall be on a form provided by the City and shall contain an unequivocal
and unconditional waiver of the right to proceed under the alternative election. In no
event shall any employee he allowed to pursue both appeal procedures.
43.3 Appeal to the Personnel Board
Any employee shall have the right to appeal to the Personnel Board any interpretation
or application or enforcement of the express provisions of this MOU.
43.4 Appeal to Final and Binding Arbitration
(A) A regular employee may elect to use Procedure Two to appeal any interpretation
or application or enforcement of this MOU.
(B) The arbitrator shall not add to, subtract from, change or modify any provision of
this MOU and shall be authorized only to apply existing provisions of this MOU to
the specific facts involved and to interpret only applicable provisions of this MOU.
(C) The parties shall attempt to mutually agree on an arbitrator. If the parties are
unable to agree on an arbitrator, one or both of the parties shall request a list of
seven (7) arbitrators experienced in interpretation of public sector collective
bargaining agreements from the State Mediation and Conciliation Service. The
parties shall alternately strike names from the list and the last remaining name on
the list shall serve as the arbitrator.
43.5 Sharing of the Cost
The City and the Association shall share equally the costs of the appeal to Arbitration,
both fees and expenses. Each party, however, shall bear the cost of its presentation,
including preparations and post hearing briefs.
43.6 Time Limits May Be Extended
The time limits set forth herein may be extended, shortened or waived by the mutual
agreement of the parties but otherwise are binding.
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44.1 Notification
Employees to be laid off shall be given, whenever possible, at least fourteen (14)
calendar day's prior notice.
44.2 Vacancy and Demotion
Except as otherwise provided, whenever there is a reduction in the work force, the
appointing authority shall first dernote 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 44.5
below is qualified. All persons so demoted shall have their names placed on the re-
employment list.
44.3 Employeeights
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 44.4, seniority includes all periods of
full-time service at or above the classification level where the layoff is to occur.
44.4 Senioritv
In order to retreat to a former or lower classification, an employee must have more
seniority than at least one of the incumbents in the retreat classification, be qualified to
hold the retreat classification or have served in the retreat classification prior to the
layoff, and request displacement action in writing to the Personnel Officer 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 the layoff classification and any prior time served in the retreat
classification. Ties shall be broken based on 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 successfully completed a
probationary period in the retreat classification or a higher classification in the series.
44.5 Employment Status
In each classification of position within the competitive service, employees shall be laid
off according to employment status in the following order: temporary, provisional,
probationary, and regular.
Temporary, provisional and probationary employees shall be laid off according to the
needs of the service as determined by the appointing authority.
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44.6 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. Such list shall
be used by every appointing authority when a vacancy arises in the same or lower
classification of position before certification is made from an eligible list.
44.7 Duration of Re -Employment List
Names of persons laid off shall be carried on a re-employment list for two (2) years,
except that persons appointed to regular positions of the same level as that at which lay
off, shall, upon such appointment, be dropped from the list. Persons who refuse re-
employment shall be dropped from the list. Persons re-employed in a lower
classification, or on a temporary basis, shall be continued on the list for the higher
position for two (2) years.
Employees in Public Safety classifications shall be subject to all regular medical and
psychological testing in order to determine fitness for duty.
SECTION 45 — SAVINGS CLAUSE
In the event that any part or provision of this MOU should be found or determined to be invalid,
illegal or void by a court of competent jurisdiction, the remaining parts or portions of the MOU
shall remain in full force and effect.
SECTION 46 — MUTUAL ACCEPTANCE AND RECOMMENDATION
The parties affix their signatures as constituting mutual acceptance and recommendation of
the Memorandum of Understanding to become effective January 1, 2018 upon acceptance and
approval of the City Council.
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Resolution No. 2019-030 N.C.S. Page 41
PEACE OFFICERS' ASSOCIATION OF PETALUMA
Gary Messing
Labor Representative, Peace Officers'
Association of Petaluma
Ryo McGreeXy
President, Peace Offic s'
Association of Petaluma
Garrett Giaviano
Bargaining Member, Peace Officers'
Association of Petaluma <:)--_
Mario Giomi --'
Bargaining Member, Peace Officers'
Association of Petaluma
CITY OF PETALUMA
Amy Reeve! '
Director of Human Resources
Scott Br5�
Interim City anager
2018 — 2021 City of Petaluma POAP Unit 6 MOU
Resolution No. 2019-030 N.C.S.
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Date
Date
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Page 42
EXHIBIT A - Salary Tables
Peace Officers' Association of Petaluma - Unit 6
Salary Range Effective January 1, 2018
Classification
1
2
3
4
5
ABAND VEHICLE ABATEMNT OFFICER
24.51
25.73
27,02
28.36
29.79
COMMUNITY SERVICE OFFICER
24.68
25.92
27.21
28.58
30.01
EVIDENCE TECHNICIAN
26.88
28.24
29.61
31.08
32.68
POLICE PROPERTY TECHNICIAN
26.88
28.24
29.61
31.08
32.68
PARKING ENFORCEMENT OFFICER
24.51
25.73
27.02
28.36
29.79
POLICE INVESTIGATOR
35.35
37.13
38.97
40.91
42.99
POLICE INVESTIGATIVE SERGEANT
42.21
44.32
46.56
48.88
51.31
POLICE OFFICER
35,35
37.13
3897
40.91
42.99
POLICE OFFICER TRAINEE
29.22
30.69
32.22
33.83
35.53
POLICE SERGEANT
42.21
44.32
46.56
48.88
51.31
PUBLIC SAFETY DISPATCH
28.77
30.22
31.71
33.29
35.00
PUBLIC SAFETY DISPATCH SUPERVISOR
34.51
36.28
38.05
39.96
42.00
Salary Range Effective January 1, 2019
Classification
1
2
3
4
5
ABAND VEHICLE ABATEMNT OFFICER
25.49
26.76
28.10
29.50
3098
COMMUNITY SERVICE OFFICER
25.67
26.95
28.29
29.72
31.21
EVIDENCE TECHNICIAN
27.96
29.37
30.79
32.32
33.98
POLICE PROPERTY TECHNICIAN
2796
29.37
30.79
32.32
33.98
PARKING ENFORCEMENT OFFICER
25.49
26.76
28.10
29.50
30.98
POLICE INVESTIGATOR
36.76
38.61
40.53
42.55
44.71
POLICE INVESTIGATIVE SERGEANT
43.90
46.10
48.42
50.84
53.37
POLICE OFFICER
36.76
38.61
40.53
42.55
44.71
POLICE OFFICER TRAINEE
30.39
31.92
33.51
35.18
36.95
POLICE SERGEANT
43.90
46.10
48.42
50.84
53.37
PUBLIC SAFETY DISPATCH
29.92
31.43
32.98
34.62
36.40
PUBLIC SAFETY DISPATCH SUPERVISOR
35.89
37.73
39.58
41.56
43.68
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Resolution No. 2019-030 N.C.S. Page 43
Salary Range Effective July 1, 2019
Classification
1
2
3
4
5
ABAND VEHICLE ABATEMNT OFFICER
26.00
27.29
28.66
30.09
31.60
COMMUNITY SERVICE OFFICER
26.18
27,49
28.86
30.32
31.84
EVIDENCE TECHNICIAN
28.52
29.95
31.41
32.96
34.66
POLICE PROPERTY TECHNICIAN
28.52
29.95
31.41
32.96
34.66
PARKING ENFORCEMENT OFFICER
26.00
27.29
28.66
30.09
31,60
POLICE INVESTIGATOR
37.50
39.39
41,34
43.40
45.61
POLICE INVESTIGATIVE SERGEANT
44.78
47.02
49.39
51.85
54.43
POLICE OFFICER
37.50
39.39
41.34
43.40
45.61
POLICE OFFICER TRAINEE
31.00
32.56
34,18
35.89
37.69
POLICE SERGEANT
44.78
47.02
49.39
51.85
54.43
PUBLIC SAFETY DISPATCH
30.52
32.06
33.64
35.31
37.12
PUBLIC SAFETY DISPATCH SUPERVISOR
36.61
38.48
40.37
42.39
44.55
Salary Range Effective January 1, 2020
Classification
1
2
3
4
5
ABAND VEHICLE ABATEMNT OFFICER
26.52
27.84
29.24
30.69
32.23
COMMUNITY SERVICE OFFICER
26.70
28.04
29.44
30.92
32.48
EVIDENCE TECHNICIAN
29.09
30.55
32.04
33,62
35.36
POLICE PROPERTY TECHNICIAN
29.09
30.55
32.04
33.62
35.36
PARKING ENFORCEMENT OFFICER
26.52
27.84
29.24
30.69
32.23
POLICE INVESTIGATOR
38.25
40.17
42.16
44.27
46,52
POLICE INVESTIGATIVE SERGEANT
45.68
47.96
50.38
52.89
55.52
POLICE OFFICER
38.25
40.17
42.16
44.27
46.52
POLICE OFFICER TRAINEE
31,62
33.21
34.86
36.61
38.44
POLICE SERGEANT
45,68
47,96
50.38
52.89
55,52
PUBLIC SAFETY DISPATCH
31.13
32,70
34.31
36.02
37.87
PUBLIC SAFETY DISPATCH SUPERVISOR
37.34
39.25
41.17
43,23
45.44
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