HomeMy WebLinkAboutResolution 2019-187 N.C.S. 12/16/2019Resolution No. 2019-187 N.C.S.
of the City of Petaluma, California
RESOLUTION RATIFYING THE MEMORANDA OF UNDERSTANDING,
EFFECTIVE JULY 1, 2018 — JUNE 30, 2021, EXECUTED BY THE DULY
AUTHORIZED REPRESENTATIVES OF THE CITY OF PETALUMA AND THE
PETALUMA PUBLIC SAFETY MID -MANAGEMENT ASSOCIATION, UNIT 10
WHEREAS, the City of Petaluma and the Petaluma Public Safety Mid -Management
Association (PPSMMA), Unit 10, through their duly authorized representatives, have concluded
their mutual obligation to meet and confer in good faith with respect to the successor contract
provision provided by Section 1.2 of the PPSMMA Memorandum of Understanding (MOU),
effective July 1, 2014 through June 30, 2017, 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 PPSMMA 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 July
1, 2018 — June 30, 2021, for PPSMMA, Unit 10, and does recommend that the City Council
ratify said MOU.
NOW, THEREFORE, BE IT RESOLVED that the MOU, effective July 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
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 Approved
as to
Council of the City of Petaluma at a Regular meeting on the 16th day of December f m
2019, by the following vote:
City Attor . ey
AYES: Mayor Barrett; Fischer; Healy; Kearney; King; Vice Mayor McDonnell; Miller }
NOES: None
ABSENT: None
ABSTAIN: None
ATTEST:
Deputy City Cler Mayor
Resolution No. 2019-187 N.C.S. Page 1
MEMORANDUM OF UNDERSTANDING
between
CITY OF PETALUMA
and
PETALUMA PUBLIC SAFETY MID -MANAGEMENT ASSOCIATION
Unit 10
July 1, 2018 THROUGH June 30, 2021
Resolution No. 2019-187 N.C.S. Page 2
TABLE OF CONTENTS
Section Provision
PREAMBLE .....................................................
SECTION 1 - TERM OF AGREEMENT..........
1.1 Effective Date .......................................
1.2 Notice of Successor Memorandum ......
Page
..................................................... I...................... .
............................................................................1
SECTION 2 - RECOGNITION....................................................................................................1
SECTION 3 - ASSOCIATION RIGHTS.......................................................................................1
3.1
Association - Fair Representation......................................................................................2
3.2
Association - Reasonable Time Off...................................................................................2
3.3
Association - Access to Workplace....................................................................................2
3.4
Association - Use of City Facilities.....................................................................................2
3.5
Association - Advance Notice............................................................................................2
SECTION 4 - ASSOCIATION SECURITY..................................................................................2
4.1
Payroll Deductions and Written Authorization....................................................................2
4.2
Certification of Union Membership.....................................................................................3
4.3
Indemnification...................................................................................................................3
4.4
Association - Dues Transmittal..........................................................................................3
4.5
Association - Sufficient Earnings.......................................................................................3
SECTION 5 - MANAGEMENT RIGHTS......................................................................................3
SECTION6 - SALARIES.............................................................................................................3
SECTION 7 - SPECIAL COMPENSATION.................................................................................4
7.1
Management Compensation Pay.......................................................................................4
7.2
Longevity Pay -15 Years of Service..................................................................................4
7.3
Longevity Pay - Prior Service.............................................................................................4
7.4
Longevity Pay - Prior Eligibility...........................................................................................4
7.5
Longevity Pay - July 1, 2008..............................................................................................4
7.6
Education Incentive Pay - Police.......................................................................................4
7.7
Chief Officer Certificate Pay - Fire.....................................................................................5
7.8
Education Incentive Pay- Fire...........................................................................................5
7.9
Chief Officer Certification and Education Incentive - Fire..................................................5
7.10
Special Circumstances Pay................................................................................................5
7.11
Bilingual Pay- Spanish......................................................................................................5
7.12
Work During a Local Emergency........................................................................................5
7.13
Strike Team Compensation - Fire......................................................................................5
7.14
Battalion Chief Fill -In Assignment.......................................................................................6
SECTION 8 - REQUIRED MANAGEMENT DEVELOPMENT.....................................................6
SECTION 9 - UNIFORM ALLOWANCE......................................................................................6
9.1
Uniform Allowance - Fire Battalion Chiefs and Fire Marshal.............................................5
9.2
Uniforms Required - Police................................................................................................5
9.3
Uniform Allowance - Police Captains and Police Lieutenants...........................................6
9.4
Uniform Allowance - Newly Hired Police Records Supervisor...........................................6
9.5
Uniform Allowance - Police Records Supervisor...............................................................6
2018 - 2021 City of Petaluma / PPSMMA Unit 10 MOU
Resolution No. 2019-187 N.C.S. Page 3
TABLE OF CONTENTS
Section Provision Page
9.6
Uniform Allowance..............................................................................................................6
9.7
Loss or Damage to Clothing...............................................................................................7
SECTION 10 - HOLIDAYS..........................................................................................................7
10.1
Scheduled Holidays - Police..............................................................................................7
10.2
Day Observed.....................................................................................................................7
10.3
Floating Holiday - Police....................................................................................................7
10.4
Floating Holiday - Time Off - Police..................................................................................7
10.5
Floating Holiday Payment - Police.....................................................................................7
10.6
Holiday Pay - Police...........................................................................................................7
10.7
Holiday Pay - Scheduled Holidays -40-Hour Work Week - Fire........................................7
10.8
Holiday Pay - Holiday Schedule - 56 -Hour Work Week - Fire..........................................8
10.9
Holiday Pay - 56 -Hour Work Week - Fire..........................................................................8
SECTION 11 -VACATION ..........................................................................................................8
11.1
Vacation - Accrual..............................................................................................................8
11.2
Vacation Accrual for 56 -Hour Work Week..........................................................................9
11.3
Vacation Accrual Limits......................................................................................................9
11.4
Request Subject to Operational Needs..............................................................................9
11.5
Scheduled Holidays and Vacations....................................................................................9
11.6
Vacation - Payment at Separation.....................................................................................9
SECTION 12 - ADMINISTRATIVE LEAVE..................................................................................9
12.1
Administrative Leave -Annual Credit of Leave..................................................................9
12.2
Administrative Leave - Pro -Ration of Leave Hours.............................................................9
12.3
Administrative Leave - Annual Payment for Unused Leave...............................................10
12.4
Administrative Leave - Payment at Separation..................................................................10
SECTION 13 - LEAVES - SICK LEAVE.....................................................................................10
13.1
Sick Leave - Accrual..........................................................................................................10
13.2
Sick Leave Usage...............................................................................................................10
13.3
Sick Leave Usage - Family Purposes................................................................................10
13.4
Sick Leave Usage - 56 -Hour Work Week..........................................................................10
13.5
Sick Leave Notification.......................................................................................................10
13.6
Absences More Than Three Days or Shifts........................................................................11
13.7
Sick Leave and Workers' Compensation...........................................................................11
13.8
Sick Leave Payment Retirement or Disability.....................................................................11
13.9
Sick Leave Payment - 56 -Hour Work Week......................................................................11
13.10 Applied Sick Leave to Service Credit..................................................................................11
SECTION 14 - LEAVES - WORKERS' COMPENSATION........................................................12
14.1
Medical Appointments.......................................................................................................12
SECTION 15 - LEAVES - BEREAVEMENT LEAVE..................................................................12
15.1
Bereavement Leave - 40 -Hour Work Week.......................................................................12
15.2
Bereavement Leave - 56 -Hour Work Week.......................................................................12
15.3
Bereavement Leave - Definition of Family.........................................................................12
15.4
Bereavement Leave - Travel.............................................................................................12
SECTION 16 - LEAVES - FOR VICTIMS OF DOMESTIC VIOLENCE & SEXUAL ASSAULT..
12
2018 - 2021 City of Petaluma / PPSMMA Unit 10 MOU
Resolution No. 2019-187 N.C.S. Page 4
TABLE OF CONTENTS
Section Provision Page
SECTION 17 — LEAVES — MILITARY LEAVE.............................................................................12
SECTION 18 — LEAVES — ELECTION OFFICER LEAVE & VOTING LEAVE ............................13
SECTION 19 — LEAVES — SCHOOL VISITATION LEAVE.........................................................13
SECTION 20 — LEAVES — LEAVE OF ABSENCE WITHOUT PAY............................................13
SECTION 21 — LEAVES — JURY DUTY LEAVE.........................................................................13
SECTION 22 — LEAVES — FAMILY CARE & MEDICAL LEAVE (FMLA & CFRA) .....................13
22.1 FMLA and or CFRA Leave.................................................................................................13
22.2 FMLA and or CFRA — Second Opinion..............................................................................13
SECTION 23 — LEAVES — PREGNANCY DISABILITY LEAVE..................................................13
SECTION 24 — DISCRIMINATION, HARASSMENT, & RETALIATION PROHIBITED................14
SECTION 25 — REASONABLE ACCOMMODATION..................................................................14
SECTION 26 — CALIFORNIA PUBLIC EMPLOYEES' RETIREMENT SYSTEM ........................14
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.......................................................................................................18
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 Service — Not Receiving PEMHCA Health Benefits ...........................20
28.5 Less Than 20 Years 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
SECTION 29 — CASH IN LIEU OF HEALTH AND DENTAL BENEFITS.....................................21
SECTION 30 — SECTION 125 PLAN...........................................................................................21
SECTION 31 — DENTAL PROGRAM...........................................................................................22
SECTION 32 — VISION PROGRAM.............................................................................................22
SECTION 33 — LIFE INSURANCE...............................................................................................22
SECTION 34 — LONG TERM DISABILITY INSURANCE............................................................22
SECTION 35 — EMPLOYEE ASSISTANCE PROGRAM.............................................................22
SECTION 36 — DEFERRED COMPENSATION...........................................................................22
SECTION 37 — SICK LEAVE TRANSFER...................................................................................22
37.1 Sick Leave Transfer............................................................................................................22
37.2 Sick Leave Transfer — Limitations......................................................................................22
SECTION 38 — GRIEVANCE PROCEDURE................................................................................23
38.1 Grievance — Purpose of Rule.............................................................................................23
38.2 Grievance — Matters Subject to Grievance Procedure.......................................................23
38.3 Grievance — Informal..........................................................................................................23
38.4 Grievance — Formal............................................................................................................24
2018 - 2021 City of Petaluma / PPSMMA Unit 10 MOU
Resolution No. 2019-187 N.C.S. Page 5
TABLE OF CONTENTS
Section Provision Paqe
38.5 Grievance — Conduct..........................................................................................................24
SECTION 39 — PURCHASE OF FIREARM..................................................................................25
SECTION 40 — MUTUAL ACCEPTANCE AND RECOMMENDATION........................................26
EXHIBIT A — SALARY TABLE....................................................................................................28
iv
2018 - 2021 City of Petaluma / PPSMMA Unit 10 MOU
Resolution No. 2019-187 N.C.S. Page 6
Memorandum of Understanding
Between
THE CITY OF PETALUMA and
THE PETALUMA PUBLIC SAFETY MID -MANAGEMENT ASSOCIATION (PPSMMA)
Unit 10
Juya ,vilml 1
This agreement between the duly appointed representatives of the Petaluma Public Safety
Mid -Management Association, 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 Memorandum
of Understanding.
The parties jointly agree to recommend to the City Council of the City of Petaluma the
adoption of this Memorandum effective July 1, 2018.
SECTION 1 — TERM OF AGREEMENT
1.1 Effective Date
This Memorandum of Understanding shall be for the period commencing on July
1, 2018 with adoption by the City Council and continuing through June 30, 2021.
1.2 Notice of Successor Memorandum
The parties will commence meeting and conferring for a subsequent Memorandum of
Understanding no later than the end of April 2021. The Association shall provide the
City Manager with a written request to commence negotiations as well as its written
initial proposals for any successor Memorandum of Understanding.
SECTION 2 — RECOGNITION
The City recognizes the Association as the exclusive bargaining representatives for the
Petaluma Public Safety Mid -Management Association bargaining unit. The bargaining units
consist of all full-time employees in allocated positions in the classifications listed below:
Deputy Police Chief
Assistant Fire Chief
Fire Battalion Chief
Fire Marshal
Police Lieutenant
Police Records Supervisor
SECTION 3 — ASSOCIATION RIGHTS
The City will not interfere with or discriminate in any way against any employee of his or her
membership in the Association, or based upon any activity required or permitted by this
Agreement, nor will the City discourage membership in the Association nor encourage
membership in any other Association.
2018-2021 City of Petaluma / PPSMMA Unit 10 MOU
Resolution No. 2019-187 N.C.S. Page 7
3.1 Association — Fair Rearesentation
The Association, in turn, recognizes its responsibility as the employee representative
and agrees to provide fair representation to employees on issues arising under this
agreement without discrimination, interference, restraints or coercion.
3.2 Association — Reasonable Time Off
City employees who are official representatives of the Association shall be given
reasonable time off with pay to attend meetings with management representatives, or to
be present at hearings wherein matters within the scope of representation are being
considered. The use of official time for this purpose shall be reasonable and shall not
interfere with the performance of City services as determined by City management. The
Association may select up to but not more than three (3) on -duty employee members of
such organization to attend such scheduled meetings with the City for the above listed
purposes. However, in order that any given department not be unduly burdened by the
released time requirements, in no case shall more than one representative from any
particular classification in the same department be allowed released time pursuant to
this section at any given time.
3.3 Association — Access to Workplace
Reasonable access to employee work locations shall be granted to officers of the
Association and their officially designated representatives for the purpose of processing
grievances or contacting members of the Association concerning business within the
scope of representation.
3.4 Association — Use of City Facilities
The Association or their representatives may, with the prior approval of the City, shall
be granted the use of City facilities for meetings of the Association provided space is
available and subject to City operational requirements.
3.5 Association — Advance Notice
Except in cases of declared emergencies, reasonable advance written notice shall be
given the Association of any ordinance, rule, resolution or regulation directly relating to
matters within the scope of representation proposed to be adopted by the City Council.
The Association shall be given the opportunity to meet and confer prior to adoption. In
cases of emergency, when the City Council determines that an ordinance, rule,
resolution or regulation must be adopted immediately, the City agrees to meet and
confer within a reasonable and practical time after the termination of the emergency
situation.
SECTION 4 — ASSOCIATION SECURITY
4.1 Payroll Deductions and Written Authorization
The City shall deduct Union membership dues assessments, fees, and insurances
authorized by the Union. This will be accomplished by payroll deduction from the bi-
weekly pay of member employees. The dues deduction must be authorized in writing by
the employee on a Union authorization card.
2018-2021 City of Petaluma / PPSMMA Unit 10 MOU
Resolution No. 2019-187 N.C.S. Page 8
The Union will be the custodian of records for individual employee membership and
dues deduction forms. The Union will maintain authorizations for dues deduction,
signed by the individual from whose salary or wages the deduction or reduction is to be
made. The City will direct employee requests to cancel or change deductions to the
Union.
The City shall remit the deducted dues to the Union as soon as possible after
deduction.
4.2 Certification of Union Membership
The Union agrees to provide the City with an initial certified list of the members January
1, 2020. From that point forward, the Union will update the list whenever there are
changes. The Union has and will maintain written authorizations signed by the
individuals from whose wages the union dues deductions are to be made.
4.3 Indemnification
The Union shall comply with all statutory and legal requirements with respect to this
article, including but not limited to the duty to indemnify the City for claims made by an
employee for deductions made in reliance on Union certification of the same as set
forth in Government Code Section 1157.12.
4.4 Association — Dues Transmittal
Amounts deducted and withheld by
designated in writing by the Association
at the address specified.
the City shall be transmitted to the officer
as the person authorized to receive such funds
4.5 Association — Sufficient Earnings
The employee's earnings must be sufficient; after all other required deductions are
made, to cover the amount of the deductions herein authorized. When an employee is
in a non -pay status for an entire pay period, no withholdings will be made to cover that
pay period from future earnings nor will the employee deposit the amount with the City
which would have been withheld if the employee had been in pay status during that
period. In the case of any employee who is in a non -pay status during a part of the pay
period, and the salary is not sufficient to cover the full withholding, no deduction shall
be made. In this connection, all other required deductions have priority over the
Association dues deduction.
SECTION 5 — MANAGEMENT RIGHTS
All managerial functions and rights which are not modified, restricted or limited by the MOU,
State or Federal Law and City Ordinances, Resolutions, Rules and Regulations are retained
by the City as its legal authority to direct, manage and control the work force, determine the
kinds and levels of services to be provided, and maintain the efficiency of City operations.
SECTION 6 — SALARIES
6.1 Wage Increase
Effective July 1, 2018, all Unit 10 members shall receive a three percent (3.0%) base
wage increase. This base wage increase will be retroactive to reflect a July 1, 2018
2018-2021 City of Petaluma / PPSMMA Unit 10 MOU
Resolution No. 2019-187 N.C.S. Page 9
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 10 members shall receive a two percent (2.0%) base
wage increase. This base wage increase will be retroactive to reflect a July 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 January 1, 2020 or upon ratification by the Unit membership and adoption by
the City Council, whichever is later, all Unit 10 members shall receive a three percent
(3.0%) base wage increase.
Effective June 30, 2021, all Unit 10 members shall receive a two percent (2.0%) base
wage increase.
SECTION 7 — SPECIAL COMPENSATION
7.1 Management Compensation Pay
The City shall pay four percent (4%) as management compensation pay in lieu of any
special pay. Management compensation is payment to employees for special skills,
knowledge, and work assignments performed during the normal workday, and other
work conditions. Management compensation is not for overtime, nor in lieu of other
benefits and is reported to CaIPERS as special compensation.
7.2 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%) of their base hourly rate.
7.3 Longevity Pay — Prior Service
Employees in CaIPERS safety classifications will receive up to five (5) years service
credit towards the required fifteen (15) years of paid service for prior service with
another employer. Credit for prior service will be for service:
(A) In the employee's same classification, or classification series; and
(B) Only service that is full-time paid; and
(C) For law enforcement, prior service must be in a public safety position subject to
the provisions of the Peace Officers and Standard Training (POST).
7.4 Longevity Pay — Prior Eligibility
Employees who were eligible for and who were receiving longevity pay as of June 30,
2008 shall continue to receive five percent (5%) of their base hourly rate as longevity
pay.
7.5 Longevity Pay — July 1, 2008
Employees hired or appointed after July 1, 2008 shall be subject to the provisions of
longevity pay in this MOU.
7.6 Education Incentive Pay — Police
Police employees possessing a Bachelor's Degree shall receive five percent (5%)
education incentive pay.
2018-2021 City of Petaluma / PPSMMA Unit 10 MOU
Resolution No. 2019-187 N.C.S. Page 10
Police employees possessing a Master's Degree shall receive seven percent (7%)
education incentive pay.
7.7 Chief Officer Certificate Pay — Fire
Fire employees possessing a Chief Officer Certification shall be eligible to receive
certificate pay in the amount of two hundred dollars ($200.00) per month.
7.8 Education Incentive Pay — Fire
Fire employees possessing a Bachelor's Degree shall receive two hundred dollars
($200) per month.
Fire employees possessing a Master's Degree shall receive three hundred dollars
($300) per month.
7.9 Chief Officer Certification and Education Incentive — Fire
Fire employees possessing a Chief Officer Certification and Bachelor's Degree shall
receive three hundred dollars ($300) per month.
Fire employees possessing a Chief Officer Certification and Master's Degree shall
receive four hundred dollars ($400) per month.
7.10 Special Circumstances Pay
Safety employees required to work extended hours under special circumstances may
be paid his or her regular hourly rate for those extended hours worked.
The amount of hours to be paid and the determination of special circumstances shall be
at the discretion of the Fire Chief for fire employees and the Police Chief for police
employees.
7.11 Bilingual Pay — Spanish
Eligible employees who are certified for bilingual proficiency in Spanish in accordance
with the City's Bilingual Testing and Certification policy shall receive two hundred
dollars ($200) for certification at a high level proficiency or verbally fluent or one
hundred dollars ($100) for certification at an acceptable level proficiency or
conversational.
7.12 Work During a Local Emergency
Employees, who are required to work when called to an activated Emergency Operation
Center (EOC) Local Emergency, shall be paid at their regular hourly rate for all hours
beyond their normal workday.
7.13 Strike Team Compensation — Fire
Fire employees may be compensated at the discretion of the Fire Chief at the rate of
one and one-half times the base hourly rate (no additional pays such as management
pay, longevity, etc.) of the Battalion Chief's current step of the 56 -hour Battalion Chief
salary range for non -regular hours worked on a Strike Team outside of the Petaluma
fire service area, where a written agreement exists that provides for cost
reimbursement.
5
2018-2021 City of Petaluma / PPSMMA Unit 10 MOU
Resolution No. 2019-187 N.C.S. Page 11
7.14 Battalion Chief Fill -In Assianment
If a Battalion Chief shift needs to be filled temporarily due to the absence of the
assigned Battalion Chief, the fill-in assignment shall be first offered rank -for -rank. If no
Battalion Chief elects to accept the assignment, it shall be offered to the Assistant Fire
Chief and/or a qualified Fire Captain, who is eligible to be an Acting Battalion Chief. If
the Assistant Fire Chief and/or no qualified Fire Captains are available or agree to
accept the fill-in assignment, the Fire Chief may mandate a Battalion Chief to fill the
shift.
When assigned to fill in or cover a Battalion Chief shift, the Battalion Chief shall be
compensated at the rate of one and one-half times (1.5) the base hourly rate (no
additional pays such as management pay, longevity, etc.) of the Battalion Chief's
current step of the 56 -hour Battalion Chief salary range. (If assigned to a forty (40) hour
work week, they shall be compensated at the rate of time and one half of the
comparable step of their 56 -hour counterpart.)
SECTION 8 — REQUIRED MANAGEMENT DEVELOPMENT
Employees shall attend two (2) management classes or training seminars per fiscal year that
develop management skills.
SECTION 9 — UNIFORM ALLOWANCE
9.1 Uniform Allowance — Assistant Fire Chief, Fire Battalion Chiefs, and Fire Marshal
Assistant Fire Chief, Fire Battalion Chiefs, and the Fire Marshal shall be provided with a
uniform allowance in the amount of one and one-half percent (1.5%) of Step five (5) of
the Firefighter's annual salary.
9.2 Uniforms Required — Police
Police employees are required to wear the uniform that conforms to the specification in
the written uniform policy established by the Police Chief.
9.3 Uniform Allowance — Deputy Police Chief and Police Lieutenants
Deputy Police Chief and Police Lieutenants 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.
9.4 Uniform Allowance — Newly Hired Police Records Supervisor
The City shall provide the newly hired Police Records Supervisor with a lump sum
payment upon hire in the amount of four hundred dollars ($400) to purchase uniforms.
9.5 Uniform Allowance — Police Records Supervisor
The Police Records Supervisor 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.
9.6 Uniform Allowance
Employees shall receive uniform allowance
classification. Uniform pay shall be paid each
2018-2021 City of Petaluma / PPSMMA Unit 10 MOU
in amount specified above based upon
pay period.
0
Resolution No. 2019-187 N.C.S. Page 12
9.7 Loss or Damage to Clothing
The Department Director may reimburse an employee for the loss or damage to his or
her clothing that occurs during the course of carrying out an official duty. The amount
of reimbursement shall be at the discretion of the Department Director.
SECTION 10 — HOLIDAYS
10.1 Scheduled Holidays — Police
Scheduled holidays for police department employees shall be the observed twelve (12)
holidays established by City Council Resolution.
10.2 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.
10.3 Floating Holiday —Police
On a fiscal -year basis, police department employees shall receive one eight-hour
floating holiday.
10.4 Floating Holiday — Time Off — Police
The floating holiday may be taken as time off on a day mutually agreeable to the
employee and the Police Chief.
10.5 Floatinq Holiday Payment — Police
Employees not taking the floating holiday by June 30 shall receive payment for the
floating holiday.
10.6 Holiday Pay — Police
Employees regularly required to work holidays shall be compensated with holiday pay in
lieu of the holidays. Holiday pay shall be paid for each of the twelve (12) observed
holidays as they occur at the employee's hourly rate times eight (8) hours.
10.7 Holiday Pay — Scheduled Holidays - 40 -hour Work Week — Fire
Scheduled holidays for fire department employees assigned a 40 -hour work week shall
be the observed twelve (12) holidays established by City Council Resolution and
one (1) Floating Holiday, for a total of thirteen (13) holidays. The floating holiday may be
taken as time off on a day mutually agreeable to the employee and the Fire Chief.
Holiday pay shall be paid for each of the twelve (12) observed holidays and one (1)
Floating Holiday as they occur at the employee's hourly rate times eight (8) hours.
7
2018-2021 City of Petaluma / PPSMMA Unit 10 MOU
Resolution No. 2019-187 N.C.S. Page 13
10.8 Holiday Pay — Holiday Schedule - 56 -hour Work Week — Fire
The thirteen (13) scheduled holidays are as follows:
New Year's Day
January 1st
Martin Luther King Jr. Birthday
Third 3rd Monday in January
Lincoln's Birthday
February 12th
President's Day
Third 3rd Monday in February
Memorial Day
Last Monday of May
Independence Day
July 4th
Labor Day
First 1st Monday of September
Columbus Day
Second 2"d Monday of October
Veterans Day
November 11 th
Thanksgiving Day
Fourth 4th Thursday of November
Day after Thanksgiving
Day after Thanksgiving
Christmas Eve
December 24th
Christmas Day
December 25th
10.9 Holiday Pay — 56 -hour Work Week — Fire
Employees regularly required to work holidays shall be compensated with holiday pay in
lieu of the holidays. Holiday pay shall be paid for each of the thirteen (13) observed
holidays as they occur at the employee's hourly rate times twelve (12) hours.
SECTION 11 —VACATION
11.1 Vacation —Accrual
Employees, except those assigned to a 56 -hour work week shall accrue vacation hours
as follows:
Yearsof Vacation
�Serulce ......Accrual, hrs
Accrual Lunt
hrs
0-5
80
240
6-9
120
360
10
128
384
11
136
408
12
144
432
13
152
456
14
160
480
15
168
504
16
176
528
17
184
552
18
192
576
19 or greater
200
600
2018-2021 City of Petaluma / PPSMMA Unit 10 MOU
Resolution No. 2019-187 N.C.S. Page 14
11.2 Vacation Accrual for 56 -hour Work Week
Employees scheduled to work a 56 -hour work week shall accrue vacation hours as
follows:
Yearsof
Vacation ;Accrual
Lirmf
';Service
Accrual hrs
hrs ;> ,,
0-4
120
360
5-9
168
504
10-14
216
648
15-19
240
720
20 or greater
264
792
11.3 Vacation Accrual Limits
Vacation accruals shall not exceed three (3) times the amount of vacation accrual as
indicated above.
11.4 Request Subject to Operational Needs
An employee's request for vacation is subject to the approval of the Department
Director taking into consideration the request of employee and operational needs. If
operational needs require deferment of a vacation request, vacation shall be taken the
following calendar year.
11.5 Scheduled Holidays and Vacations
Employees who are granted time off for scheduled holidays shall not have holidays
charged as vacation leave when the vacation leave and holidays) coincide.
Employees who are paid for scheduled holidays in lieu of time off shall not be eligible
for this adjustment in their vacation.
11.6 Vacation - Payment at Separation
Employees who separate employment shall be paid for all accrued unused vacation
leave. Payment shall be made at the base pay rate and shall include the five percent
(5%) longevity pay.
SECTION 12 — ADMINISTRATIVE LEAVE
12.1 Administrative Leave — Annual Credit of Leave
Employees shall be credited with eighty (80) hours of administrative leave each fiscal
year. Employees assigned to a fifty-six (56) hour work week shall be credited with
ninety-six (96) hours of administrative leave each fiscal year.
12.2 Administrative Leave - Pro -Ration of Leave Hours
Employees hired or appointed after July 1 shall be credited with a pro -rated amount of
administrative leave based upon hire or appointment date through June 30.
E
2018-2021 City of Petaluma / PPSMMA Unit 10 MOU
Resolution No. 2019-187 N.C.S. Page 15
12.3 Administrative Leave — Annual Payment for Unused Leave
Employees shall receive payment for up to forty (40) hours of unused administrative
leave at the end of the fiscal year and may carry forward up to twenty (20) hours of
unused administrative leave into the next fiscal year. Employees assigned a fifty-six
(56) hour work week shall receive payment for up to forty-eight (48) hours of unused
administrative leave at the end of the fiscal year and may carry forward up to twenty-
four (24) hours of unused administrative leave into the next fiscal year. Payment shall
be at the base pay rate as of June 30. Payment shall be made on the last pay period of
the fiscal year. Carry forward administrative leave may only be taken in paid time -off
and has no cash value.
12.4 Administrative Leave - Payment at Separation
Employees who separate employment shall receive payment for up to forty (40) hours
of unused administrative leave. Employees assigned a fifty-six (56) hour work week
shall receive payment for up to forty-eight (48) hours of unused administrative leave.
Payment shall be at the base pay rate at the time of separation.
SECTION 13 — LEAVES — SICK LEAVE
13.1 Sick Leave — Accrual
Employees, except for employees assigned to a 56 -hour work week, shall accrue eight
(8) hours of sick leave each month. Employees assigned to a 56 -hour work week shall
accrue twelve (12) hours per month.
13.2 Sick Leave Usage
Employees shall be granted sick leave. Sick leave shall not be considered a right, which
an employee may use at his or her discretion, but shall be allowed only in the case of
necessity and actual personal non -service -connected sickness or off -the job injury,
disability or the serious illness or injury.
13.3 Sick Leave Usage — Family Purposes
Sick leave for family purposes may be used only in the case of illness, disability or the
serious illness, or injury of an employee's family member, which requires the
employee's attention. The term "family member" shall include: spouse, domestic
partner, children, parents, spouse's parents, brothers, sisters or other individuals whose
relationship to the employee is that of a dependent or near dependent.
13.4 Sick Leave Usage — 56 -hour Work Week
Employees assigned to a 56 -hour work week shall be charged twelve (12) hours of sick
leave per shift for a sick leave absence.
13.5 Sick Leave Notification
To receive sick leave benefits employees are required to notify his or her immediate
supervisor within four (4) hours after the time set for beginning his or her work day or as
directed by his or her supervisor.
10
2018-2021 City of Petaluma / PPSMMA Unit 10 MOU
Resolution No. 2019-187 N.C.S. Page 16
13.6 Absences More Than Three Days or Shifts
For absences more than three (3) days or shifts, employees may be required to provide
physician verification of injury or illness to his or her immediate supervisor.
13.7 Sick Leave and Workers' Compensation
(A) The City shall provide employees with workers' compensation benefits in
accordance with workers' compensation law. Employees shall be allowed to use
sick leave to supplement workers' compensation temporary disability benefits for
a period not to exceed six (6) months or until sick leave is exhausted or the
disability is abrogated, or the employee is determined to be "permanent and
stationary" by a competent medical authority.
The City may retire an employee prior to the exhaustion of sick leave benefits.
Employees receiving benefits pursuant to Labor Code section 4850 or sick leave
benefits shall continue to accrue sick leave hours.
(B) Miscellaneous Employees
Miscellaneous employees (non -sworn) shall receive during the first one hundred
and sixty (160) hours of absence for industrial disability paid workers'
compensation leave at his or her 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.
13.8 Sick Leave Payment — Retirement or Disability
In the event of service retirement, disability retirement, or death, an employee who has
completed ten (10) or more years of continuous service with the City of Petaluma, shall
be paid fifty percent (50%) of his or her accumulated but unused sick leave, not to
exceed seven hundred (700) hours. Payment shall be made at the base pay rate and
shall include the five percent (5%) longevity pay.
13.9 Sick Leave Payment — 56 -Hour Work Week
In the event of service retirement, disability retirement or death, an employee who has
completed ten (10) or more years of continuous service with the City of Petaluma who
are assigned to a fifty-six (56) hour work week shall receive fifty percent (50%) of the
accumulated but unused sick leave to a maximum of one thousand (1,000) hours.
Payment shall be made at the base pay rate and shall include the five percent (5%)
longevity pay.
13.10 Applied Sick Leave to Service Credit
In accordance with CalPERS provisions, an employee may apply all accumulated sick
leave hours to service credit.
11
2018-2021 City of Petaluma / PPSMMA Unit 10 MOU
Resolution No. 2019-187 N.C.S. Page 17
14.1 Medical Appointments
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 — 40 -Hour Work Week
Employees assigned to a 40 -hour work week shall be granted up to forty (40) hours of
bereavement leave in the event of death in the employee's family. An additional twenty
(20) hours of sick leave may be granted for bereavement leave.
15.2 Bereavement Leave — 56 -Hour Work Week
Employees assigned to a 56 -hour work week shall be granted up to three (3) shifts of
bereavement leave in the event of death in the employee's family. An additional two (2)
shifts of sick leave may be granted for bereavement leave.
15.3 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, sister, brother-in-law or
sister-in-law, child (including stepchildren), stepparents, grandparents and
grandchildren or person with whom the employee has a relationship in loco parentis.
15.4 Bereavement Leave — Travel
In the event an employee must travel more than 300 miles to attend a funeral or
memorial service, an employee may use up to sixteen (16) hours of sick leave (40 -hour
work week) and twenty-four (24) hours (56 -hour work week).
SECTION 16 — LEAVES — FOR VICTIMS OF DOMESTIC VIOLENCE
AND 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 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.
12
2018-2021 City of Petaluma / PPSMMA Unit 10 MOU
Resolution No. 2019-187 N.C.S. Page 18
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 day's notice that he or she will be taking time off to vote.
SECTION 19 — LEAVES — SCHOOL VISITATION LEAVE
Employees may 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.
SECTION 20 — LEAVES — LEAVE OF ABSENCE WITHOUT PAY
The City Manager may grant an employee with a leave of absence without pay for up to six (6)
months for good cause. A leave request shall be in writing and state the reason(s) for the
request. The response to the request shall be in writing. Upon expiration of the approved
leave or upon 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 to report to work following his or her
leave shall be cause for discharge.
SECTION 21 — LEAVES — JURY DUTY LEAVE
Any employee summoned for jury duty shall be entitled to a leave of absence with full pay for
such period of time as may be required to attend the court in response to such summons. Any
employee may retain payment for travel but shall make payable to the City any and all fees
which the employee may receive in payment for service as a juror.
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 conflict arise between health providers, a third and binding opinion, at City
expense shall be sought.
SECTION 23 — LEAVES — PREGNANCY DISABILITY LEAVE
The City shall provide pregnancy disability leave (PDL) for eligible employees as required by
City policy and applicable 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.
13
2018-2021 City of Petaluma / PPSMMA Unit 10 MOU
Resolution No. 2019-187 N.C.S. Page 19
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 Human Resources.
SECTION 25 — REASONABLE ACCOMMODATION
In accordance with the California Fair Employment and House Act (FEHA) and the Americans
with Disability Act (ADA), the City will reasonably accommodate any known protected disability
of an employee.
SECTION 26 — CALIFORNIA PUBLIC EMPLOYEES' RETIREMENT SYSTEM
Tier 1
The establishment of a second and third tier of benefits as defined below shall not affect the
benefits currently in effect for Safety — Fire and Safety — Police employees hired prior to
11/15/12, the effective date of the CalPERS contract amendment. Safety — Fire and Safety —
Police employees hired prior to the establishment of the second tier of retirement benefit are
provided with the 3% at 50 formula retirement plan.
The City's contract with CaIPERS for Safety — Fire includes the following optional benefits:
• Fourth Level - 1959 Survivor's Benefit as provided in Section 21574 (May 4, 1998).
• Military Service Credit as provided in Section 21024 (January 4, 1996).
• One -Year Final Compensation as provided Section 20042 (November 1, 1981).
• Credit for Unused Sick Leave as provided in Section 20965 (November 1, 1981).
• Post Retirement Survivors Allowance —fifty percent (50%) as provided by Sections:
21624, 21626, and 21628 (January 1, 1987).
• Cost of Living Allowance two percent (2%) as provided by Section 21329 (November
1, 1981).
• Retired Death Benefit of $500 as provided in Section 21620 (November 1, 1981).
• Post Retirement Survivor Allowance Continues as provided in Section 21635
(January 1, 2000).
• Death Benefit Continues as provided in Section 21551 (January 1, 2000).
• Prior Service Credit as provided in Section 20055 (November 1, 1981).
The City's contract with CaIPERS for Safety - Police includes the following optional benefits:
• Fourth Level - 1959 Survivor's Benefit as provided in Section 21574 (June 30, 1996).
• Military Service Credit as provide 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).
14
2018-2021 City of Petaluma / PPSMMA Unit 10 MOU
Resolution No. 2019-187 N.C.S. Page 20
• 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 establishment of a second and third tier of benefits as defined below shall not affect the
benefits currently in effect for Miscellaneous employees hired prior to 12/28/12, the effective
date of the CalPERS contract amendment. Miscellaneous employees hired prior to the
establishment of the second tier of retirement benefit are provided with the 2% at 55 formula
retirement plan.
The City's contract with CalPERS for Miscellaneous 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).
Tier 2
Safety employees who are considered by CalPERS to be "classic" members hired after
11/15/12, the effective date of the amended contract with CalPERS, shall receive the 3% at 55
formula retirement plan and the three-year final average compensation.
The following optional benefits will remain in effect for Safety - Fire employees in the second
retirement tier:
• Fourth Level - 1959 Survivor's Benefit as provided in Section 21574 (May 4, 1998).
• Military Service Credit as provide in Section 21024 (January 4, 1996).
• Credit for Unused Sick Leave as provided in Section 20965 (November 1, 1981).
• Post Retirement Survivors Allowance —fifty percent (50%) as provided by Sections:
21624, 21626, and 21628 (January 1, 1987).
• Cost of Living Allowance two percent (2%) as provided by Section 21329 (November
1, 1981).
• Retired Death Benefit of $500 as provided in Section 21620 (November 1, 1981).
• Post Retirement Survivor Allowance Continues as provided in Section 21635
(January 1, 2000).
• Death Benefit Continues as provided in Section 21551 (January 1, 2000).
• Prior Service Credit as provided in Section 20055 (November 1, 1981).
15
2018-2021 City of Petaluma / PPSMMA Unit 10 MOU
Resolution No. 2019-187 N.C.S. Page 21
The following optional benefits will remain in effect for Safety - Police employees in the second
retirement tier:
• Fourth Level - 1959 Survivor's Benefit as provided in Section 21574 (May 4, 1998).
• Military Service Credit as provide in Section 21024 (January 4, 1996).
• Credit for Unused Sick Leave as provided in Section 20965 (November 1, 1981).
• Cost of Living Allowance two percent (2%) as provided by Section 21329 (November
1, 1981).
• Retired Death Benefit of $500 as provided in Section 21620 (November 1, 1981).
• Survivor Allowance Continues as provided in Section 21635 (January 1, 2000).
• Death Benefit Continues as provided in Section 21551 (January 1, 2000).
• Prior Service Credit as provided in Section 20055 (November 1, 1981).
Miscellaneous employees who are considered by CalPERS to be "classic" members hired
after 12/28/12, the effective date of the amended contract with CalPERS, shall receive the 2%
at 60 formula retirement plan and the three-year final average compensation.
The following optional benefits will remain in effect for Miscellaneous employees in the second
retirement tier:
• Third Level - 1959 Survivor's Benefit as provided in Section 21573 (April 5, 1999).
• 1957 Survivor Allowance as provided in Section 21546 (December 28, 2012).
• Military Service Credit as provided in Section 21024 (January 1, 1992).
• 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).
Tier 3
New Safety employees hired on or after January 1, 2013 who meet the definition of a new
CalPERS member under the Public Employees' Pension Reform Act (PEPRA) shall receive
the 2.7% at 57 retirement formula with three-year final average compensation.
The following optional benefits will be in effect for Safety - Fire employees in the third
retirement tier:
• Fourth Level - 1959 Survivor's Benefit as provided in Section 21574 (May 4, 1998).
• Military Service Credit as provide in Section 21024 (January 4, 1996).
• Credit for Unused Sick Leave as provided in Section 20965 (November 1, 1981).
• Post Retirement Survivors Allowance —fifty percent (50%) as provided by Sections:
21624, 21626, and 21628 (January 1, 1987).
• Cost of Living Allowance two percent (2%) as provided by Section 21329 (November
1, 1981).
• Retired Death Benefit of $500 as provided in Section 21620 (November 1, 1981).
• Post Retirement Survivor Allowance Continues as provided in Section 21635
(January 1, 2000).
16
2018-2021 City of Petaluma / PPSMMA Unit 10 MOU
Resolution No. 2019-187 N.C.S. Page 22
• Death Benefit Continues as provided in Section 21551 (January 1, 2000).
• Prior Service Credit as provided in Section 20055 (November 1, 1981).
The following optional benefits will be in effect for Safety - Police employees in the third
retirement tier:
• Fourth Level - 1959 Survivor's Benefit as provided in Section 21574 (May 4, 1998).
• Military Service Credit as provide in Section 21024 (January 4, 1996).
• Credit for Unused Sick Leave as provided in Section 20965 (November 1, 1981).
• Cost of Living Allowance two percent (2%) as provided by Section 21329 (November
1, 1981).
• Retired Death Benefit of $500 as provided in Section 21620 (November 1, 1981).
• Death Benefit Continues as provided in Section 21551 (January 1, 2000).
• Prior Service Credit as provided in Section 20055 (November 1, 1981).
New Miscellaneous employees hired on or after January 1, 2013 who meet the definition of a
new CalPERS member under the Public Employees' Pension Reform Act (PEPRA) shall
receive the 2% at 62 retirement formula with three-year final average compensation.
The following optional benefits will be in effect for Miscellaneous employees in the third
retirement tier:
• Third Level - 1959 Survivor's Benefit as provided in Section 21573 (April 5, 1999).
• 1957 Survivor Allowance as provided in Section 21546 (December 28, 2012).
• Military Service Credit as provided in Section 21024 (January 1, 1992).
• 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.
Effective February 26, 2018, all employees shall pay an additional three percent (3%) towards
PERS retirement. For Classic Safety employees, this three percent (3%) is added to the nine
percent (9%) employee contribution, for a total contribution of twelve percent (12%). Safety —
Fire employees subject to the PEPRA formula shall also pay an additional three percent (3%)
on top of their required employee contribution of twelve -point twenty-five percent (12.25%) but
is subject to change by PERS. Safety — Police employees subject to the PEPRA formula shall
also pay an additional three percent (3%) on top of their required employee contribution of
twelve -point twenty-five percent (11.75%) but is subject to change by PERS. For Classic
Miscellaneous employees, this three percent (3%) is added to the seven percent (7%)
employee contribution, for a total contribution of ten percent (10%). Miscellaneous employees
subject to the PEPRA formula shall also pay an additional three percent (3%) on top of their
required employee contribution of six -point seventy-five percent (6.75%) but is subject to
change by PERS.
17
2018-2021 City of Petaluma / PPSMMA Unit 10 MOU
Resolution No. 2019-187 N.C.S. Page 23
•_AFM M I ZFAJ M I•
27.1 Active Employees — PEMHCA Contribution
The City currently provides health benefits through the California Public Employees'
Retirement System (CaIPERS) Health Benefits Program under the Public Employees'
Medical and Hospital Care Act (PEMHCA). The City's employer contribution for each
employee's health benefits shall be the minimum required by PEMHCA. The City pays this
contribution directly to CalPERS.
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, times 95%, or an amount equal to the actual 2017 CaIPERS
Health Premium for Kaiser -Bay -Area, less the City's PEMHCA contribution, times ninety-
five percent (95%) for current employees and their covered family members, 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.
Effective January 1, 2020, the monthly premium at the Kaiser rate for single health benefit
coverage is $768.49 and the PEMHCA rate is $139.00. The additional benefit is calculated
at $768.49 less $139.00 multiplied by 95% _ $598.02. The employee contribution is $31.47.
The 2021 CaIPERS premium for Kaiser — Region 1 and required 2021 PEMHCA
contribution are unknown. Effective January 1, 2021, the City shall pay the additional benefit
that depends upon the actual percentage increase in the Kaiser — Region 1 premium. The
City's benefit contribution for 2021 shall be equal to the actual 2021 CaIPERS Health
premium for Kaiser — Region 1, 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.
18
2018-2021 City of Petaluma / PPSMMA Unit 10 MOU
Resolution No. 2019-187 N.C.S. Page 24
28.1 Retired Employees — CalPERS and PEMHCA
The City currently provides health benefits through CalPERS Health Benefits Program
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 retiree must meet the following definition of "annuitant" under CalPERS 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 is required annually to increase the total monthly annuitant health care
contribution to equal an amount not less than the number of years the City has been in the
PEMHCA program multiplied by five percent (5%) of the current monthly employer
contribution for active employees until the time the City's contribution for annuitants equals
the City's PEMHCA contribution paid for active employees.
By way of explanation, for calendar year 2009, the formula for determining the City's
PEMHCA contribution for retirees is as follows:
15 years in the PEMHCA program x 5% = 75% x $101 (minimum employer contribution for
active employees in 2009) _ $ 75.75.
For calendar year 2010, the formula for determining the City's PEMHCA contribution for
retirees is as follows:
16 years in the PEMHCA program x 5% = 80% x $105 (minimum employer contribution for
active employees in 2010) _ $84.00
For calendar year 2011, the formula for determining the City's PEMHCA contribution for
retirees is as follows:
17 years in the PEMHCA program x 5% = 85% x $108 (minimum employer contribution for
active employees in 2011) _ $91.80
For calendar year 2012, the formula for determining the City's PEMHCA contribution for
retirees is as follows:
18 years in the PEMHCA program x 5% = 90% x $112 (minimum employer contribution for
active employees in 2012) _ $100.80
For calendar year 2013, the formula for determining the City's PEMHCA contribution for
retirees is as follows:
19 years in the PEMHCA program x 5% = 95% x $115 (minimum employer contribution for
active employees in 2013) _ $109.25
19
2018-2021 City of Petaluma / PPSMMA Unit 10 MOU
Resolution No. 2019-187 N.C.S. Page 25
Effective, calendar year 2014 the "unequal contribution" method for health care premium
payments for annuitants (retirees) will be at the twenty-year mark. Thus, the City's
contribution for the PEMHCA program will be at 100% (5% x 20 years). Therefore, the
monthly employer contribution for annuitants is the required minimum PEMHCA
contribution.
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
health benefit from the City.
28.5 Less Than 20 years of Service — Receivinq 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 amount according to
the following schedule:
2017
$128.00
2018
$133.00
2019
$136.00
2020
$139.00
2021
Minimum PEMHCA contribution as set by CaIPERS.
28.6 20 Years or More of Service — Not Receivina 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 — Receivinq PEMHCA Health Benefits
A retired employee with twenty (20) years or more of service with the City of Petaluma
who is a CaIPERS annuitant as defined in Section 28.1 and enrolled in the CaIPERS
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.
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.
20
2018-2021 City of Petaluma / PPSMMA Unit 10 MOU
Resolution No. 2019-187 N.C.S. Page 26
2017
$128.00
$28.83
$156.83
2018
$133.00
$23.83
$156.83
2019
$136.00
$20.83
$156.83
2020
$139.00
$17.83
$156.83
2021
Minimum PEMHCA
contribution as set by
CalPERS
Total benefit amount of
$156.83 minus City monthly
PEMHCA contribution
$156.83
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 will commence direct payment of the one hundred fifty-six dollars and eight -three
cents ($156.83) at the beginning of the following month.
SECTION 29 — CASH IN LIEU OF HEALTH AND DENTAL BENEFITS
Employees with health and or dental benefit insurance coverage from a source other than the
City, or employees with health and dental benefit insurance coverage from a City employee,
may request cash in lieu of health and dental benefits. To be eligible for the cash in lieu
benefit program, employees must waive his 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 — Region 1 that the City would
otherwise pay for the employee and his or her family members. The cash in lieu amount for
dental insurance benefits shall be in the amount of fifty percent (50%) of the established
dental program composite rate.
SECTION 30 — SECTION 125 PLAN
The City of Petaluma has established and shall offer to eligible employees an Internal
Revenue Code (IRC) Section 125 plan. The Section 125 plan is subject to federal law and
plan provisions.
The Section 125 Plan offered by the City provides employees with a tax savings through the
following programs:
(A) Pre -Tax Health Insurance Premiums
This program allows employees to pay his or her share of health insurance premiums
with pre-tax dollars.
(B) Flex Spending Accounts
(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.
21
2018-2021 City of Petaluma / PPSMMA Unit 10 MOU
Resolution No. 2019-187 N.C.S. Page 27
(2) Dependent Care Reimbursement
This program permits employees to pay for most child and or dependent care
expenses with pre-tax dollars.
The City shall provide a dental plan for the term of the Memorandum of Understanding and
pay the total premium costs for the employee and eligible dependents. Effective January 1,
2016, the maximum benefit amount increased to two thousand dollars ($2,000) per person per
calendar year. 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). The City shall bear the cost of any premium increases during
the period covered by this MOU.
SECTION 32 — 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 33 — LIFE INSURANCE
The City shall provide employees with life insurance in the amount of one and one-half (1.5)
times the employee's annual salary rounded to the nearest even dollar, not to exceed one
hundred seventy-five thousand dollars ($175,000).
SECTION 34 — LONG TERM DISABILITY INSURANCE
The City shall provide a long-term disability plan. Plan coverage is indicated on provider
contract documents on file in Human Resources, The City shall pay the premium.
SECTION 35 — EMPLOYEE ASSISTANCE PROGRAM
The City will provide an Employee Assistance Program to employees and dependents.
SECTION 36 — DEFERRED COMPENSATION
The City of Petaluma shall make available a Deferred Compensation Plan to employees.
SECTION 37 — SICK LEAVE TRANSFER
37.1 Sick Leave Transfer
Employees wishing to donate hours of sick leave to another employee may do so by
sending a written request, approved by their department head, to Human Resources
naming the individual to receive the sick leave and the amount donated, with the
following restrictions listed in 37.2.
37.2 Sick Leave Transfer — Limitations
Sick transfers shall be subject to the following limitations:
(A) Transfer of sick leave shall be allowed between all Units.
22
2018-2021 City of Petaluma / PPSMMA Unit 10 MOU
Resolution No. 2019-187 N.C.S. Page 28
(B) Transfers are for Sick Leave and not for use at retirement.
(C) A donor must retain a balance of one -hundred -sixty (160) hours at any time.
(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 (90) workdays of sick leave for any one
illness or injury.
(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.
SECTION 38 — GRIEVANCE PROCEDURE
38.1 Grievance — Purpose of Rule
(A) To promote improved employer-employee relations by establishing grievance
procedures on matters for which appeal or hearing is not provided by other
regulations.
(B) To afford employees individually or through qualified employee organization a
systematic means of obtaining further consideration of problems after every
reasonable effort has failed to resolve them through discussions.
(C) To provide that grievances shall be settled as near as possible to the point of
origin.
(D) To provide that appeals shall be conducted as informally as possible.
38.2 Grievance — Matters Subject To Grievance Procedure
Any employee in the competitive service shall have the right to appeal under this rule a
decision affecting his or her employment over which his or her appointing power has
partial or complete jurisdiction and for which appeal is not provided by other regulations
or is not prohibited.
38.3 Grievance — Informal
An employee who has a problem or complaint should first try to get it settled through
discussion with his or her immediate supervisor without undue delay. If, after this
discussion, he/she does not believe the problem has been satisfactorily resolved, shall
have the right to discuss it with his or her supervisor's immediate supervisor, if any, in
the administrative service. Every effort should be made to find an acceptable solution
by informal means at the lowest possible level of supervision. If the employee does not
agree with the decision reached, or if no answer has been received within five (5)
calendar days, he may present the appeal in writing to the City Manager. 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, will constitute a
dropping of the appeal.
23
2018-2021 City of Petaluma / PPSMMA Unit 10 MOU
Resolution No. 2019-187 N.C.S. Page 29
38.4 Grievance — Formal
(A) First Level of Review
The appeal shall be presented in writing to the employee's immediate supervisor
who shall render his or her decision and comments in writing and return them to
the employee within five (5) calendar days after receiving the appeal. If the
employee does not agree with his or her supervisor's decision, or if no answer
has been received within five (5) calendar days, the employee may present the
appeal in writing to his or her supervisor's immediate superior. Failure of the
employee to take further action within five (5) calendar days after receipt of the
written decision of his or her supervisor, or within a total of fifteen (15) calendar
days if no decision is rendered, will constitute a dropping of the appeal.
(B) Further Level or Levels of Review as Appropriate
The supervisor receiving the appeal shall review it, render his or her decision and
comments in writing, and return them to the employee within five (5) calendar
days after receiving the appeal. If the employee does not agree with the
decision, or if no answer has been received within five (5) calendar days, he/she
may present the appeal in writing to the department head. Failure of the
employee to take further action within five (5) calendar days after receipt of the
decision or within a total of fifteen (15) calendar days if no decision is rendered,
will constitute a dropping of the appeal.
(C) Department Review
The department head receiving the appeal, or his or her designated
representative, should discuss the grievance with the employee, his or her
representative, if any, and with other appropriate person(s). The department
head shall render his or her decision and comments in writing and return them to
the employee within five (5) calendar days after receiving the appeal. If the
employee does not agree with the decision reached, or if no answer has been
received within five (5) calendar days, he/she may present the appeal in writing
to the City Manager. 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, will constitute a dropping of the appeal.
(D) City Manager
The City Manager receiving the appeal, or his or her designated representative,
should discuss the grievance with the employee, his or her representative, if any,
and with other appropriate person(s). The City Manager may designate a
fact-finding committee, an officer not in the normal line of supervisor, or the
Personnel Board to advise him concerning the appeal. The City Manager shall
render a decision in writing to the employee within twenty (20) calendar days
after receiving the appeal.
38.5 Grievance — Conduct
(A) The time limits specified above may be extended to a definite date by mutual
agreement of the employee and the reviewer concerned.
(B) The employee may request the assistance of another person of his or her own
choosing in preparing and presenting his or her appeal at any level of review.
24
2018-2021 City of Petaluma / PPSMMA Unit 10 MOU
Resolution No. 2019-187 N.C.S. Page 30
(C) The employee and his or her representative may be privileged to use a
reasonable amount of work time as determined by the appropriate department
head in conferring about and presenting the appeal.
(D) Employees shall be assured freedom from reprisal for using the grievance
procedures.
SECTION 39 — PURCHASE OF FIREARM
Upon retiring with an Honorable or Medical retirement from the Petaluma Police Department,
and obtaining a Retirement ID from the Chief of Police that allows the retiree to carry a
concealed weapon in accordance with all applicable Federal and State laws, the retired
member shall be allowed to purchase at fair market value the firearm that was issued to him or
her from the City of Petaluma.
25
2018-2021 City of Petaluma / PPSMMA Unit 10 MOU
Resolution No. 2019-187 N.C.S. Page 31
The parties affix their signatures as constituting mutual acceptance and recommendation of
the Memorandum of Understanding to become effective upon acceptance and approval of the
City Council.
PETALUMA PUBLIC SAFETY MID -MANAGEMENT ASSOCIATION
Dennis Wallach Date
Labor Negotiator, PPSMMA
Ronald Klein
President, PPSMMA
Date
Brian Miller Date
Negotiating Team, PPSMMA
Mike Medeiros Date
Negotiating Team, PPSMMA
Chad Costa Date
Negotiating Team, PPSMMA
r•
2018-2021 City of Petaluma / PPSMMA Unit 10 MOU
Resolution No. 2019-187 N.C.S. Page 32
MvirArOMWEITKITIF, "T.
Bruce Heid
Chief Negotiator, IEDA
Date
Charles Castillo Date
Director of Human Resources
Peggy Flynn
City Manager
2018-2021 City of Petaluma / PPSMMA Unit 10 MOU
Date
Resolution No. 2019-187 N.C.S.
27
Page 33
EXHIBIT A - SALARY TABLE
Petaluma Public Safety Mid -Management Association - Unit 10
Wage Increases for Term of Contract
711/2018
711/2019
1/1/2020*
6/30/2021
3.00%
2.00%
3.00%
2.00%
* Wage increase effective January 1, 2020 or upon ratification by the Unit membership and adoption
by the City Council, whichever is later.
Fire Battalion Chief is at 2919.8 hours per year.
Salary Range Effective July 1, 2018
Salary Range Effective July 1, 2019
Hourly Pay Rates
Classification
1
2
3
4
5
DEPUTY POLICE CHIEF
66.83
70.18
73.68
77.37
81.23
ASSISTANT FIRE CHIEF
63.83
67.02
70.37
73.89
77.58
FIRE BATTALION CHIEF
43.08
45.24
47.51
49.89
52.38
FIRE MARSHAL
60.51
63.55
66.70
70.04
73.53
POLICE LIEUTENANT
55.67
58.48
61.40
64.45
67.70
POLICE RECORDS SUPERVISOR
32.10
33.72
35.41
37.18
39.05
Salary Range Effective July 1, 2019
R4
2018-2021 City of Petaluma / PPSMMA Unit 10 MOU
Resolution No. 2019-187 N.C.S. Page 34
Hourly Pay Rates
Classification
1
2
3
4
5
DEPUTY POLICE CHIEF
68.17
71.58
75.15
78.92
82.85
ASSISTANT FIRE CHIEF
65.11
68.36
71.78
75.37
79.13
FIRE BATTALION CHIEF
43.94
46.14
48.46
50.89
53.43
FIRE MARSHAL
61.72
64.82
68.03
71.44
75.00
POLICE LIEUTENANT
56.78
59.65
62.63
65.74
69.05
POLICE RECORDS SUPERVISOR
32.74
34.39
36.12
37.92
39.83
R4
2018-2021 City of Petaluma / PPSMMA Unit 10 MOU
Resolution No. 2019-187 N.C.S. Page 34
Salary Range Effective January 1, 2020*
* Wage increase effective January 1, 2020 or upon ratification by the Unit membership and adoption
by the City Council, whichever is later.
Salary Range Effective June 30, 2021
Hourly Pay Rates
Classification
1
2
3
4
5
DEPUTY POLICE CHIEF
70.22
73.73
77.40
81.29
85.34
ASSISTANT FIRE CHIEF
67.06
70.41
73.93
77.63
81.50
FIRE BATTALION CHIEF
45.26
47.52
49.91
52.42
55.03
FIRE MARSHAL
63.57
66.76
70.07
73.58
77.25
POLICE LIEUTENANT
58.48
61.44
64.51
67.71
71.12
POLICE RECORDS SUPERVISOR
33.72
35.42
37.20
39.06
41.02
* Wage increase effective January 1, 2020 or upon ratification by the Unit membership and adoption
by the City Council, whichever is later.
Salary Range Effective June 30, 2021
29
2018-2021 City of Petaluma / PPSMMA Unit 10 MOU
Resolution No. 2019-187 N.C.S. Page 35
Hourly Pay Rates
Classification
1
2
3
4
5
DEPUTY POLICE CHIEF
71.62
75.20
78.95
82.92
87.05
ASSISTANT FIRE CHIEF
68.40
71.82
75.41
79.18
83.13
FIRE BATTALION CHIEF
46.17
48.47
50.91
53.47
56.13
FIRE MARSHAL
64.84
68.10
71.47
75.05
78.80
POLICE LIEUTENANT
59.65
62.67
65.80
69.06
72.54
POLICE RECORDS SUPERVISOR
34.39
36.13
37.94
39.84
41.84
29
2018-2021 City of Petaluma / PPSMMA Unit 10 MOU
Resolution No. 2019-187 N.C.S. Page 35