HomeMy WebLinkAboutResolution 97-281 10/20/1997 RESOLUTION NO. s7-2a1 N.C.S.
of the City of Petaluma, California
RESOLUTION RATIFYING MEMORANDUM OF UNDERSTANDING EXECUTED BY THE DULY
AUTHORIZED REPRESENTATIVES OF THE CITY AND THE PEACE OFFICERS` ASSOCIATION
OF PETALLIMA FOR EMPLOYEES OF UNIT f;
WI-IEREAS, the City, through its duly authorized representatives, and the Peace Officers'
Association of Petaluma through it duly authorized representatives, have concluded their mutual obligation
to-meet and confer in good faith with respect to terms and conditions of employment for the employees in
Unit 6, in accordance with the Meyers-Milias-Brown Act and the City's Employer-Employee Relations
Rules and Regulations (Resolution No. 12 N.C.S.); and
WHEREAS, the duly authorized representatives of the City and the Pcacc Officers' Association of
Petaluma have executed a Memorandum of Understandiug pursuant to Section I Resolution No. 5~ 12 N.
C. S. and recommend its approval by the City Council; and
WHEREAS, the City Manger, pursuvtt to Section 28, City of Petahima City Charter, and as the
Citys Municipal Employees' Relations Othcer (Resolution No. 5375 N. C. S J is required and empowered
to make a recommendation to the City Council on matters related to empldyccs' compensation; and
WHEREAS, the City Manger has reviewed and concurs with said Memorandum of Understanding
for Unit b, and does recommend that the City Council ratify said Memorandum of Understanding.
NOW, THEREFORE, BE IT RESOLVED the Memorandum of Understanding being in the best
interest of the City is ratified and the terms and conditions of said Memorandum of Understanding (as
attached) shall be effective October 1997 through June 30, 1998.
Under the power and authority conferred upon thia 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 eta (Regular) Q14t1~i7d~XQ9{i8Ki2it) meeting form
on the ....2.(I.tkl........... day of .............QCYnbeC............................., 19..9.7.., by the
following vote:
y_ torney
ttt AAAttt _
AYES: Read, Stompe, Torliatt, Maguire, Vice Mayor Hamilton, ?4ayor IIilligoss
NpES: None
ABSENT: Keller
/~~{{{~77 i
City Jerk Mayor ~
Cbuacil Filn.._.._.........._ ~
ca leas a~9. va....97-_281....._. v.cs.
'i''ivi~.-~+ viJ 'i^~i' li~L'Ei23T~\~I'illji(.
BETii'EEY
TAE C?Ti' OF PET:a'LiJNI_~
~i'D
PE.~CE OFFICERS' .~SSOCL~TIO~i OF PET.-1Lliil.a
F~SC.1L YEAR 19l'-1998
Reno 9~ -ag/ nl.cS
TA.`~LL=Ut CJ:CIE\TS
C~RE.a~ iB LL- -
GENE1:-~L
Sectio? I. Terri oY A,rezment
Section Szrzrability
HUliRS'Ur «'URl
Section ~~'or.;wezk
COMPENSATIU:~
Section Y Sala.
S?ctinn ~ iRS Tzx Fsemption
Section -6. Ucz:-irate.
Section ~ Call Back
Section S. Cbmoznsaroiti "Time OY2
Sectiou y Lour Time~Fa~~ment
Secfion lU Poliez~~Ut3icerb~'orkiite>in:aHieherClassificaiion
Section L 1. Fielu IrainineyUtlicec
SeCCIOn 1 Conmtutiication;llispatcliei`-- Cle'tk T~ainintt / CSU Traininu
Sectio? 13. 1'olioc Education Incentit e Pay'I'rogram
Section 1~~. Seruzant Yrom~tions
Section I L't>iiarm Clotltinv Allowance Prosi-ain
Scc6ion 16. Hali3av,Nay
Section I7. Sick, Leave Pa~dient at Retirement
Section 1 S. hn z>ti~ation Standby
Section I9. Uefer~ ed Coil~pensation
Section U. Ket~i2z t3eiietit f'acment of
Szctioit .I ~lzdcal Cashbaek
Sect(gn _ Spanish Bilinsual ]'ay
INS UR~\ l
Section H?al;h insurai,,_e
Sestioit Uencal litsurancz
Section Litz Insurance
Secfion~ _.G, Loii~ "Penn Disabilitvdnsurahce
Section, ~~sisi:~n insurance
Section °S Utlizr Health and Welfare F'aviitents
LE:-EVES
9~- a~ ~ ass
Section_'). Vacation
Section 3U. Sick Leave
Section i 1 Bereavement Leave
Section ~lilitarv Leave
Section Leave of:~bsence without P.av
Section 3-1 JuivLeave
Section i Holidays
Section 3G. 1?reenanc~°Leave
Section 37 gamily titedical Leave
OTHER
Section 33 Retirement
Section.i9 iirievanceProcedure
Section -1U Saiety lommittee
Section =41. ,americans bVith Disabilities A_c_r
Section ={3. LayotF Procedure
q~- a~ ~ N cs
i'iZE,~N[BLE
Tliis .document .represents the final -and complete agreement resulting from Meet and Confer
sessions between the City ofPetafuina and the Peace U$icefs' Association of Petaluma. Unit 6.
Representa[ives of die (its-and Unit 6~ acknowledge drat they have fulfilled their mutual and
respective obligations to Meet and Lontei"under_the'Meyers-,'~iilias-Brown Act. As a result. the
parties have come [o a mutual understanding which ilie representatives of the City and Unit 6,
who have dhe approval of their members. agree to reconunend for acceptance and approval of
the City Council of the Cite ofPetaluina.
l'he parties adix their sgnaturessas "constitutin_ mutual acceptance and recomme~~dation of this
_~Iemorandum of Understanding to'commence the day followinvapproval by the City Council.
~ ~ - a~ i n~~cs
Section 1. Term ofAffreement
Fltiis:~~lenioranduin of Unde~standin~ shall commencerOctober 19y7 andshall continue throueh
June 3U: 1993.
Sectio~i 2. Severa6ility
Tlierparties will-commence n5eetin_ and conierring'for -lyy7-~S fiscal year. not later than the end
of ~pcil 1998 and will endeavor to teach an agreement. in a written Memorandum of
T Inderst~nrlina ICr gpbn11SS10R'.tp'illa•(;ifi; (,Ciin~ll_fCrirc rlatarntin~[inn nn~rdp tlla adnr~tinn by
_ r.. _ , r...,._
the Citv of its rinal Budgetsforthe~sulisequent Fiscal' 1<ear.-
ql-a~ ~ acs.
HJ~ 25 :iF ~i'uKh
S'ectiou~3. ~i'orkweek
1.~~) Work bVeek and ~~`ork Uay. T-He work week shall consist of folly (=1Uj hours in one (1 )
week. tiased upon a Yifty-two (~2) week year. Except as provided hereinafter, an on-duty work
day-niay consisrof eivht (3) Hours pzr~dac in zach oPTive tweritw-tour (24)hours days, omen
('lUil.hours per day in each.oY_four j4) twenty-four )~?~1) bouts days, pursuant to Szction 7(k) of
the E~air Labor Standards Act.
(B). FLS:-~ Work Periods. Thz Cifv has przviously desiunated the relevant "work period" under
the,;t air i at~pc Ctanrlardj ~.~t. a~ a t~ir~nnr_~~ir{i[ `_\1 ~iav. ,^vc)d fnc t)i~ rla ccitiratlnnc nt pn11Ce
Ot3icer. Police Ser:eart; Police Serveant lncestivatoi yand Police UY~icer investigator. For all
other classiticationain,the baruaii>in~~aunit. dte "wotk ~peiiod" shall consist of a seven (7) dati
cycle. The City reserves thz:riglit to deterniinean8'ad~ninister`all:requirentetits, practices, and
procedures>te[ated to, for esaitipl'e:scheduling. reschedulinv, shifts, watches. assigmnents,
holidadsand othermatters dirzcEly rela[ed thereto.
GC) Sltift,Biddiit~._ Thz pass practiceot si_n-up by seniority tot shifts and days-off shalt continue
without ctianve.
(D) ~{~l`O Shifts Eor Patrol. Police,Uttcers and Szrgeants~assi_ned to patrol functions shall
continue existing four f-+-) ten (101 hour work day during the term otthis ,~ereemeut. For
putpo~es of testing the four / I l l j zlecenplan as it relates to tfie.Community Policing
Yrourant. the -1/ l l Ylan shall be m_stitutzd ~tor a sip month trial,peri~d for the ntdhight shift. This
plan shall begin widititz Januan~ ~ltitt selection and continue~to the July selection.
j~j Ain Sworn. iti`on S~yorn da__s~es covered by dts tilemorandum of Understanding shall
be placeo on th? I ~J tour ~ (I U') ten plan. Should it be ne~e~sarv to~ cover for vacation or other
leave for Parking Enforcement Uffi:er, die Cite shall have the right to reassi~m those personnel
to an alternatz-work schedulz in order to.proyide coveragz„as i~zeded ur reassien CSOs- to the
dude; if a Parkin« Enforcentent.Ufficer is out for more dtan'two weeks..
age ~nlcs
UU~ll?ENSATIOiV
Section Salan
lffective October 5, I~),y7, tlie:base liouHy rates for each of the classiti~ations included in
representational. Unit V are as follows:
Yulice lnvestii?ative Serseai~t S 25.60 S 26.58 S 23.22 S 29.64 S 31.12
Police Ser_eeant S' 25.60 S 26.88 $ 33.22 $ ?9.64 $ 31. lZ
Police lni-esti~,ator S 21.44 S 225 i S 23.63 S 24.31 S 26.06
Yoiice ufticer S 31`.+~ a i S 23.u3 S 2-+.8 i ~ 26:vo
Public ~SafetyDispateher S 17.45 S 18.32 S 1923 S 2020 $21.21
F~idence"fech+iician ~ 15.02 S I`•5.77 $ 16,55 17.35 S 1825
PoliceOftice+*Trainee 5 L5.05 S 15.80 S lfi.59 S U.42 $ 18.30
Parkinv E+uurcenrent Ot2icer 5 15.02 S G5.77 S 16.55 S 17.38 S 1825
Conmiuitito'Sercice Officer 5 15.5 5 1 x.80 16.59 S [7:42 S 18.30
(B) Et~ective thetirst pay"period of;Ma7ch L~ySs.Putilic SafetyDispatcher and CSO
classifications shall receieve ari additiorial one-lialf(.5%) salary increase in the base hourly rate
Cunununifv Service Officer. S 15.09 S 1~:8=} $ .16.64 S 1.7.47 S I8.34
Ptilili~ Safety Dispatcher. S U.49 $ 15.37 5 19.28 S 2U.2~ S 21.26
Sectiou iRS Tat Exeiuptioit
Ettecti~ e July L 1994. the percerita~e ofeacli empliyee's >'ERS c~ntributi~n previously paid by
the City priorto- the adoption of thisa:MOt, as~tlie:Employer. Paymem of ti~Iember Contribution
itRblC) shalhi+istead tie paid to theeniployees. Theretgre, as of July 1, Iy94, each employee
shall lime an increased:base salary that will nbw include tlie?tq[al amount of the employee's
niember contribution to YEIZS prev+ouslypaid bv~the Ciry<as EPi1.1C. `fhe employee's member
contribution will be ~~ithl}eld from the employez's pay by the City. and the City will make the
employees payment of the-member contnbutiomdirectly to•PE1ZS on the eiiiployee's liehalt For
purposes of wiililio(dine, the City shalhdefer cacti employee's nieniber contributionlto PERS
fihrouvh section~•~4'1,=4 fh~).(2) ~ot~ttieantecnal Revehue (:ode pursuant to City ofYetaluina
Resolution'~o: 9Us363. The employee may not elect to tale this amount in salary. The tas
exehiptiiin does not apply to FIC~sociafsecurity.
The;foll'~w~ing:is an ezaniplerofthe application oP1R~ 41-4(hj (29 aaappliedto a sworn otYicer:
Swotii..a uolice otl+cer makes 53.000 uer mgnth base salary. Under the'prior contract the
~ottieer was +iot responsibl'e,torpavin_ any portion of the required,y%a employee
a~~~a ~~s
~~ontribution. T_he l"in was respons_ibte;forpay y°~o (or ~"__>7U.UU'j'. which was a City
responsibility [hat wad in addition tu'tlte'~?,000 base salary paid to [he u$icer.
;v[?iiCr [iiC i 14 lil) 1°~' mCtiiGd, tiiC ~Pit'i Ali 1;rC'v Ciii i0'Saiai ji_ and ihC vt~icCr~S ba$C
salary will now be S3.^7G ~0., Ut this, )°io,(approximately ~294:OU) will be paid to PERS.
tom the 53,2 i0. Tlie"full 9% will be tat etemp[ and flux means the officer will pay taxes
on 52,975.
The increase in basesalary also~meansthat the calculation=of the otEcer's overtime
compensation and otherwage-driven computations l ucli'as the computation of the cash
value of leave balances to which an emulovee may be entitled uuon retiremenrl will be
at}ected.in the same manner as would accompany an;increase in base salary.
Section.6. Overtime
The ~=ity ~hatl compensate eaefi~employee governed be this memorandum at the rate of time and
one=halfat-thecurrent regular hourly rate of pay for approved overtime. ('Utfduty training time
conducted "in-house" shall be~coitipensated as overtime.) O~ertime.of titteen minutes shall be
paid to the nearest quarter liuur.
Section. i. Gill Back
An emploseewho:is called back to work excludin,~court time call-back. after having completed
[he employee's regular shift aiidaia~ing left the City preiitises, shall receive a minimum of two (2)
hours of work or two hours'of pay, at the overtime rate of time and one-half at the current
re~ulat hourly rate ot~-pav.
Officers who are called:backao work.while receiving Court time Payments of the tour I~j hour
minimum shall not be elieiblefor~a8ditional Catl Back pav under this section. Any hours worked
be~'ond t(ie Court "lime Payments sliall be paid at the oyertimerate of time and one-halt at the
current rep=ularhourly rate ofpay.
Section 3( ComuensatorrTimeOtT
Sworn:and non swonreinplo~ees may receive, inaieu oT being;paid for ovectirne. compensatory
time od:at a,ntutually' a~reeable.time:between the City and the employee. Such compensatory
time o$'=iitay'be accrued up to>amaxinium of 2a0 liours~at~anv one time. Any time~beyond the
2~}i).hours shall be paid at the:overtitne rate of'oneand one-halt'tirne fl-l%?). This payment.stiall
be automatically initiated for"the followine paycheck following discovery of any excess accrual.
Contpensatury tiiite shall not.acciie when ait employee. is assigned to work for an_v other
employee ivho is [akin- compensatory' time off.
q1- a81 u cS
~7
:Jection°~. Court Time P:nments
,The Cron will compensatz a, n}ir>imum of Your'(;=1j hour-at time and one-halt at the current
regular hourly rate of pay for each amployee:,forcourt appearances qn his/her own ume;
ad'dtfionally, time and one-half_;(I-U31 shall be compensated for all hours actually worked in court
beyond such tour hours.
B. Each employee covered ba this =Memorandum ~f Understanding subpoenaed to appear in
sour on liislher own ume shal_I be required to check with the designated policedepartment
representative the eyenin, before the employee covered bythis Memorandum of Understandin, is
scheduled to to de.. thz ~ „ran ~ has Ee.,.. ,,,....el°~t If a.. „t?;c.,:'s
app°' ~`r"re',..
Court appearance is canceled less han 12' hours before+the;scheduled appearance, and prior to
leasing his/tier residence. the r employee covered by this b~Iemorandum of Understanding shall be
compensated a minimum ottwo hours at time+and:one=halfl:l-U2). [fthe employee covered
by this iMemoranduni of Cnderstanding tailstorclYeck~ih~witN,~the desisnated~policedepartment
representative the e~eninu:bef~re the scheduled court appearance, the employee covered by this
-Iemtirandum. ofUnderstariding shall-not receive any court time minimum-if the court appearance
was!cahceled file nivht before.
C. ~n employee receiviriU fullsalacv while not w:orkiiig, putsuant to Labor Code Section
4J~0. shall not.be ~=ranted tui-ther coritpensafion for coutt time unless this-court time (includin_ all
relared ptotessional activities) exceed-the number of hours in the regular workday eight 1 S) or ten
1 bU). dependin_ upon his/hei or hec schedule, in one day or ~O aiours in one week; if such court
time and related professional activities exceed ei_ht Ix) omen (10) hours in one day (whicheser is
the applicable workday of +U hours in one weekj the employee shall be compensated for such
additional time at the applicable overtime rate at the regular hourly rate of pay.
Jection lU. Police Officer•'ii;orl:ing in-a HiEher Classification
b4fien a Police U$icer is.assiened to perform-the duties of a Sergeant for a period bf tour
(-4~) hours or more by the Chief of Police>or Lieutenant orthe Watch Sergeant of theprecedhte
shttt whenthe C hief or Lieutenant is=not on dun; he%shz shall be paid Step II[ of the reeular
hourly-rate of pay of Sergeant. l'f the 11'a_tch Ser<=eant ofthe preceding shift. the Chief, or
Lieutenant is unavailable.due to unforeseen circumstances:and it is necessary for an officer to
pecfoini the=tuiictions of a Sergeant. the Ghietor.Lieutenant ina_v ,rant subseque~it approval
durin~~ hisiher.nezt noniial work shift.
B. any overtime pertorrned 6c a Police Otticerwhile he or she is entitled to pay at the
Sergeant rate.. shall be compeiuatedatone slid one-half(I - I/3) tiiixs the applicable rep=ular
hourly rate~of'Setgeants pay.
Sectir,li a 1. 1~ie1d.I'rafitina Officer
Yohce:~Uftibe~swhoare deli_nated,FieldTraining,l7fficers shall receive `'~o'above theirbase
fevular rate of pay Ior anv`liours"speat:pertocmiti~ assigned traininv on all hours spent pertoniiinu
the assighed.arairiing and those duties directly related to thisarairlih<_> {i.e. evaluation and report
wntih_):
Section l2. Conithunicafions Dispatcher-Clerk Trainin2.% CSO Trainin¢
C.ommunicatioh Dispatchzr Clerk
.1 m: 1'..mrrn ~nirat~nnc tl~cna*rhar_('I~a~~ a; 11C ~SFa cgianerl._tn train. a na~,q; h; hirarl. mm~'n
inlCatIOPS
Dispatcher-trierk shall be, paid 5% above his%her base reeular ratz of pay. on all hours spent
performing assumed training and those duties directly related tp this training (i.e. evaluation and
repgrt wfitinuj.
B. Conununiiv° Serviee Offcer
anv Community Service Officer who is assi~nedr.to train:a newlv'hired Community. Service
Officer shall be paid 2.~% above hi's/her base regular rate of pay, on all hours spent performing
the assigned trairiingand those^duties directlyrelated to this training (i.e. evaluation and report
w=tiring
Section 13. Police Education IncentivePav Proeram
Tliis Prouram.encourages employees in specific classifications to acquire and to maintain
educational achievement.
Educational lncentiye.Pay shall be based on the basis of the Educational Incentive Pav_ / 2V pay
periods and'. paid on a pay period basis,
-an zmnlovee:who reaches.-fog-tBe~hrst time. salarvSfeo-R of his%her classiY3catioa and
. who has au nterniediatz P.O.S.'C. Certificate; shall quahfyto. teceive ihcentive pav conunet~cin_
with the nz~a foil.."pay period after receipt: by [he Personnel Department of POST Form signed'bc
the: employez and>Chief of Police. Should; NOS"f deny-the certification. the employee shall
reiinbucsz„all amounts issued under this provision.
Intermediate P,O.-S.T ~°'o of base salarc
advanced' P:O:S,1'. 7% ofbase salary
Supervisory Certificate 7% ofbaseaalaty-
Section lJ. Sergeant Promotions
91- as ~ a•~~
it
Cpon;j~roinoiion iv Jergeant: Police Ur}iczr ~n Step V of the saran seal? ;hall be placed in Step
tl`1 ofrlie Seiveantsalarv scale.
~.~ll oelier•Ufficers promoted to Ser~eaiit shall tie placed in Step 1 ~t the Ser~eanrsalary scale.
Section f~. uniform/Clothing :1llowance Program:
-~11 employees shall comply with the unifonrVclothing requirements and procedures as established
and administered 6v the Police
Chief.
Ti~~ (.irirnrm~l`Inr6~+.~. All ~..:v nra nm~iram :han ha nairl tnr [hagtarm nt rhic ~4lamnrandiilp ~,.y~ith
full annual amount to be paid by separate check at fbe first paycheck received in December of
each year, usin_ the employee's salary rateas et2ectiae on Uctober~th of that year.
-y. Tile amount of L-Il?0/0 of;tlie annual salary- of the rop step Police Uti[cer peryear for-the
elassitications of sworn classifications.
i3. The amount of 1-1/24% ofthe annual saran ofdhe^tup step Community Service Officer per
year for the non sworn classifications escludin<~ Public SafetyDispatche? Clerk.
C . Employees hired.on or after July .and prior to~December; of each fiscal.year shall be paid
a toll annual paymenramount bvseparate check at thefrst pay check received in December.
Employees- hired on or ader December 1, and prior to Juria3U; ofthe fiscal rear, shall be paid the
full annual payment amount on .orbefore July of the follow'iitg-Ftiscal year:
D: ~t employee who terminates from City service,ot is released from Cirv service shall only
receive a prorated annual amouhr. .fir[ employee who so sepaiates`frotri City service afteranv
pad ment has been made shall return fhaf poition of the allowance determined by the last daV'in
C in service and the end ofxhe fiscal year.
.
E. env emolovee on leave:--,bf'atisehce without pay yVOthei-"s'`C omnensation. or.leacestatus in
eseess of thirty (3U) accumulativecalehdardavs durinetlie~tenn of this ~1U1[ shall receive a
prorated amount for the fiscal year. .any employee.receiviris full. salary while not working°in
zvicessot thirty I.iOj accumulative{calendar dayspursuan_t to~6aborl'ode 4i3_~U~-shall receive a
prorated.amount for the tiscaf year.
Sectimt IG. 'Holiday Pay
For [hosezmployezsof Unite who are required robe a~`ai(able for reeular duty oil holidays
rather than,recei~ing-nme,oYT.~~the City:of`P.etalu[na;stialP=ranta oral of ninetw-sis (y6) hoursot
hohda~ pa~-;per fiscal year: 'Tlie City shall payforsucli liolida_vs-6v separate clieck on the Y7i r"pay
check received in December. in lieu of eivine time ot:
lfan zmiilovee works only part of'a rear, due to resig[iation. termination_ retirement. or disability.
he or, she will:be en[itled to,a prorated'sliare of the ninety -six (ybj hours payment„ based upon
ahe°'portiori,oftlie veal the employee wotked.
'Section.l7. 'Sick Le.tve. Retirement
In'the event of retirement, an employee who has completed ten.(.;l~j years or mote with the City
shall`i,eceibe tiffy percent ~('~~?o) of, his/heraccumulated but unused sick9eave, not to exceed q80
bouts'.
In the event of a disability retirertiznt,.the.disabled zmployee; shall receive ti8y percent (50%) of
hisihet`accumuiated but unused sickaeave, not to exceed uUU hours.
Section C2i. fnvesti~ation`Stnndb~
.~s compensation for the inconyznience of haying to "standby", the City will compensate the
Investigator on standby at the sate+~of ~ l ~U.Ud per seven (i) d'ay workweek or actual standby.
~dditionahy, for each holiday.for which the investigator is required to standby, the City will pay
the Imestivator an additional 3-1t1.uU.
Section ly. Deferred Compensation
The Pataluma Yeace Odicers r\ssocia~ion will be eligible to participate in the C in~ of Petaluma's
q>7 Deferred Compensation Plan Program.
Section 2U. Retiree BenefiN; Payment of
1. _~n employee with twenty.p3t))'years of service and who is a_e ~0 or older and who
ietirees on a service retiteinert dutin~; the term of this.agteement, shall be eligible for a
se[tiice benetit in the amount equal to $ I U~~lesstlie~atnount contributed directly to the
r'L?.ICI L=, pren;~um by theGty. This=paymert'shah conrrrae as long as the employee
continues in the k'E~~1CH~~plan_as a retiree. Should the retired eutplovee_not continue in
ihe.YE~ICH.y plan. that retired employee shall be zligible for an amount of S lUU as a
.direct payment as a retiree service~benetit. [t is the responsibility of the retiree to notify
the City iirtvritinv that he%she is not being covered by the f'EI~ICH:-y plan and the City
shall commence~payme,nt~ of the $180.00 at the bevinning of the month following the
receipt of written notice by the retiree
i;
for. eniple~:.es retiring after September 1: 19Q7 wito mezt the szrvice requirements
lisfed' in para_rraph !above,-those employees sfiall.receibe an additional S2U.pet month as
a retiree service benefit. Should the rented employee not continue in the YEyICH~ plan,
tnat:rltlrCu 2mplO: CCSiiall bGCIiJ1bIC iOL'anaillOilni Ot yl.-'i) as a d1FCCt pay nlCni a5 8
retiree sen;ce benefit. lt.is the i'esponsifiility otthe retiree to notitvthe C'iti in writinv
tliat.he/she is not being coveted b'y tfie~PEI~ICHA~plan and`rhe City shall commencz
pay;merit of the ST?0.00 at"the""beginninv,oftfie month following the receipt of written
notice by the retiree
B. Disability Ratirentent
~~1 entpiuvee. wiiu retires uit~disabiiity. wiii be cigib[c i~r iiic auwuni iisic~l i[i pui a~i aph :y.
(Service Retirement i above for ape~iod of ei;hteen 1 6~) months beginninU on the later date of
January 1. 199 or the tetitement date.
Section 21 iViedical Cash 13acti
:-~rl eligible ~emplore may request cancellation of the-employee',s L in=,paid medical andior dental
insurance coverave upon preszntation to the city'of satisfac`toty proof that he/she has medical
andior dental insurance coyera«e from anothersource. atty such request must be made prior to
December I st.precedine the calendar-year of coy;erave.:and cannot be.revohed durinu the entire
year of coveraee except in;2lie,case of cenain familvstatus changes as defined by lair. such as, 11 1
the employee's.marriaee.or divorce: (3) the bitth of a child of the employee. (3) the adoption of a
child by the employ ze. (q) the death of the employee or of tiie employee` s spouse or child. (dj the
_ commencement; ~r tern>ination uf'employment of the emplwee's spouse, (V)-the change ftom full-
, time to pan-tune ~tnplovment status' or from apart-time to full-time by the employee or the
employee's spouse. r7) the,takinu of an unpaid leaveroT absence by the employee or the
employees spouse. ar l ~ the toss of a child's dependent status, asdetined under ttie internal
Revenue 'ode.
a, .,.;pi^;ee . nci, _-a cl:aree:ia family status €liat .;u!d ir:crease or de ease the amour,[
of cashback vchiui he/she ~is.receiving und'ertlus'provision should promptlv_tile "a notice of•change
iii faniil~' status with the { in:. Elieibility for such increased o~ decreased payments commences
with the tilin~~ of this notice. Caslibach payments will thereafter be increased or decreased
dependihv on the nature otthe tamilystatus clianve However, in the event the employee Pails to
notify tlie.C ity within 3U daeslabout a=change in.family status that would result in a decrease in the
casltb_aci~payment. it is~a~reed that ;any amounts paid to himlher as a result of hisihet failure to
prompd~'notifv the ~ In ofthe fattuly status change as required by this section will be refunded to
'the City by a deduction from the zmployee's pay. at a rate not to exceed I U"io of the employee's
eross1pavpzr pay pzriod. un(i} refunded-in full.
When;an employee, «~ho lias reguested~cancellation.ot the erfiployee`s city paid medical andior
dental insurance co~~erase has demonstrated such coverage ftom another source.to the l.itv's
~~I rocs
' is
satisfaction. the Ciro Lvill rzquest•cancellation of ttie employee's medic3i and%or dental coverage.
subject to~the teens and coitdit[ons ofthe'~paa~iculat` policy. Upon actual cancellation of the
.employee`s medical ceverave. and com"mencfn_r'on the date of cancellation of'such polic}, the
Citwwil6 instead pa}' to the eli~ible:einployee. oii:a:iiioiitlily basis, an amouin eljual ro ~0"/0 of the
'`equivalent ~iionthly cost." as detiiied herein, ofinsurance coverage of said employee. In
detennihing the °equnalent monthlv'cost" of such coverage, the Citv shall calculate the monthly
premium amount which would be paid,by the City on the'employee' behalf under the 3etna North
`Plan;,6ased on ttie employee's covetaee level (e:g:. "self. "selfplus spouse. self plus spouse plus
cfiildten) at the time of such cancellation. However,. it he actual monthly cost of the employee's
current plan coverage is less than tfie~monthly Aetna Northpl'an,c~st; then the lower tigure from
such plan ('the'`Loiver Cost Plan )shall be used to determine fhe "equivalent monthly cost''. In
th`e event coverage is canceled' onlvtor the.eniployee's spouse ocdependent children, the
"cyutbaiciii. iiiilniiLJ CuSi ~aiiau Uc uelCtiltlflcil b-y rcici cn~c,iu tiic dl ci cn~c iri uic nluriuuy
p"remium amount ~yhich would be paid by the City on the employee's behalf under the old and
new'Ie~els of coverage Ias calculated using the Aetna North plan or the Lower Cost Plan, as
.applicable.
Upon uch cancellation of th? employee's dental coverage; the City will instead pay to the=eligible
employee. on a menthh basis. 'an amount zqual to ~U~•o ~fthe C,itv`s intzrnallvgenerated
estimated niontlily cost of;the„self-hinded dental costs. thzssame rule regarding the deadlineCor
elections and'the irrevocability of elections that apply to. the medical .plan will also apply to the:
hental plan.
~Il requests for cashbaek under this section and' payments.made (hereto ~aih be subject to and in
accotdanee with,tHe terms and conditions and' cancellationrequrrements of each applicable plan,
includinU the city Flexible Benetits.Nlan, and cancellation b_v the;?mplovze or covera~>e under the
plan an} employee canceling= coyeraQe will'be,reguired;to meet all rules and conditivns ofthe
particular plan. including. but not limited tg, all. rules a(id conditions govzrning administration:
cancellation. grid re-znrullment ehvibility. ESv requesungra:cash payment pursuant to-this section.
' such emplovze undertands aqd agrees as+a condition ofre~eipr oftliis payment, that re-
• enrollment eltUibilin into am^plan is no;,euaranteed.
SEC7'll)~ Spanish 6ilin~ual Pav
fftectn;e Ezbnian ;l. iuy3: quahtitd' Spanish speakmg,einplo~ees subject to this y zinotandum ~f
Cinderstandin_'will l1e eliat6le',for'bilintual pat at;StUU pec`month. To qualify. emplgyees must be
.tested lot tluencv_ ar a hiuii level prgticiencv'rate.. 1'esting;pr9cedures and skill lei. els of
proticiencv'shall ~e determined'bv tlie;Personnel'Director;:
9~-~~ acs
i~
l iV S L! FC:~i\`C t
Section j3..Nealth insurance
1. _-~~TIVE Employees
Theo".ifvshall participate in~the Public 1?ntployee"s'~iVledieal' Health Care pct (YEMCH~) Yor
members+ofUnit~~. The designated premiumpaid:by:the Citytowardthis program shall be in
tfie amount of S7 UU.UU per'mont}i per employee.
€niployzes who retire from~the~~l-itv~ ofYetaluma shall i.~r"ecei~e contributions to their medical
premium while tindertliea'E:yiC'H'~ plan. "Phis payment wih;iricrease in the atitount of S~ UU
per ~ ear until it reached the amount of ~ f UU.UU as listed in paragraph 1 above.
Secti'on:2~. Dental Self fund'ed.Paroar•am
The Cit}' sha(1`proeide fora',sroup self funded Delta Dental Yrosram for Cin employees and
dependents in this unit. _~ddiuohally, the=l ity shall contribute toward an Unhodonture plan
S LUUU per child at a ~UYio co-payiitent rate. The City shall pay. durin_ the period of this
Memorandum the t'ull prentiumtoward the City group dental insurance coverage program
currenth-in the amount of 37-+:UU per month.
Section 25. Lit'e~lnsurance
The Cin shall provide, at no cost to the employee, group term life insurancz coverage in the
principal amount of ~2~.000 per employee.
Section 26. Lona Term. Disability Insurance
-y. Tlie Cite shall pay durin_= the period ofthis b~iemorandum the monthly premium Tor the
PUK.~C Lone '1'erni Disabilitw Plan for all`~Police Officers acid Sergeants. provided. however,
That'the total amount paid by'the City in connectiodwith LTD shall not exceed-S3 ~ lU per
month for any employee.
P. llurinv the term of°this :Memorandum of Understanding, the City «ill pay S3? SU per
month to~card-Long Term Uisabilin coverage fornon-sworn personnel in L nit 6
' iti
'Section 27: Vision ~elfFunded Program
The Gity: shall provide a self funded Vision: Plan Tor employees and dependents in the amount
at ~'~I'=^:I);, pea month_
Section,2~. Othec Health find R'elfare+Pavments
"fhe City shall provide fo the active members of Unit G additional monthly health and welfare
payments equal the PEMIIL~:yETN~ _Notth premium amounts less ~lUU:00.
~1- a8;! NcS
u
LIv:~~'tS
Jecti~on Zy. Vacation
~1 ;all regular employees, o_f~ttie l itv of Petaluma are entitled to accrue vacationwith pay
in the tollow~inU amounts:
amount of~6'ontinuous,S'er-vice Vacation accrual Hours tylatimum ycerual :~ltowed
Per Year
T i'u`vu~ii 'vcai i w hOui~ ivv iivurS
1;hrouah year. u 96 hours I92 hours
Throuvh near y 12U hours 2T0 hours
'Lhrouvh pear 10 I?3 hours 3~6 hours
l tUOUeh year I I 136~hours ~ 273~hours
Throu;la pear I _ 1;1 hours ?33 hours
Throu=hvear I ~ li. hours 3U=1 hours
Throuvh czar 13 lti0 hours 33U hours
Throu_h year I ~ 163 hours 33ti hours
1`hrouUh'vear IV 176 hour 3~?'hours
Throueh ti'ear 19 13~ hours 363 hours
Throuvh'vear b3 19. hours 33-~ hours
Through year ly 30U hours =4UUhours
B i ~ acation accumtilaiiori ih excess of two vearsaliall not be allowed.
Section 3U. Sick:Leave
' ~ General.
Sic.l Iza}z with pay shall_b?:uranted to, all probationary and rewlar entplgvzes covered byilvs
Jizmorandum ~f Understanding. Sick leacz>hall not;be considered a ri«ht tihich an.emplovze
may usz at his/hzr discretion. but shall be allowed only in-the:case of necessity or actual
personal sickness. ordisability.
B. accrual.
It i~ understood thaYthe Sick Leave: provisions of the iviemorandum of Undzrstandin, for this
unit pro~;idesTor accrual at.tlie rate ofei~+ht (a') hours peg employee per mouth.
C, \otit3cation Procedures.
~1~= a,$i ~a~~,
is
In order to receive compensation while absent on sick leave. the employee shall notify hisiher
immediate superior or as dzterinined by the CI?ief of ['olive prior ro or within tour hours after
his%lier time~set +or beginning. his%he7 daily duties as may be specitied 6v the Police Chief or as
specihed'b~ Departmental Policy. ~Vhen,absence is for more than three (3) days duration, the
employee tnav bz required to the a physician's certificate with the Personnel Office stating the
causeofthe absznce-
D.Family' Sick Lzayz.
General
icavcn-ut awcu~c uN w i~u~ wui niu~ uava w.uu.Nay Nci u~~ai ycai way u< :;imucu w
emplgvzes in tlz event of seriousillness or injttry in tte employee's immediate, family and will
be Char_Cd pgaln St siCi~ 1i3:'C TiiC Il ilmCdialC family Slinll COia Si Si. Oi the SpOUSC, ChllCtirCn,
parentsbrother, sisters.. or~ttier individuals whose relationship to the employee is that of a
dependent or near dependent In etch case; the appointing power shall grant such sick leave
only when in hs~her opinion, the relationship oT'the sick or-disabled person to the employee
warrants~such use oT sick Izave-
~izw Born Carz
Employees coyzred Uv this ~[emorandum of Understanding shall be allowed up to twenty-one
13l) calendar days for newborn care ro bz paid from sick Ieave at the employee's request.
Female employees who are no loner disabled by virtue of pregnancy, can use vacation and%or
C"I'.-~ up to the ma~timum cermitted by law.
t- Rz!ationship to orker's Compensation
~~'hen a ikon Public Safen~ employee's absence from work has been occasioned by injury
suffered duririU his~hei employment ahd.she,~he receives°y~'orker's Compensation Temporan_-
Disability 6enetits. he%sheshall also be eiititled4o sdppleinent such workers' compensation
62^.CtltS ith ji.~l, fCa.,.-e 1'Or a,Yer=nd Ot'S1Y mOn?1'.S Or tlnill rhP tampOraPi dlSablht`i !S atJCO«ateri
or the eitiplovzz retires for disability.
F. Reiirzment Uue 1'u Disability
Public 5afen employee who is permanently disabled;troli? perforrning the normal range of
duties attached to hzrihisrhzrpositioh. and who: ias been de"clared to be permanent and
stationan- may be retired-YOrdisability witliout~6is/her consent. pursuant to California
Government Code Section ?'102_ Should"the zmpto\ ee consent, .however, the employee
may. be retired.at an earlier date.
NonvithstandinU the oroyi~ions of Government Code Section 31UZd.Z. an emnlovee who is
otherwiseincapacitated forduty and eligible for disability retirement may not be allowed to
~11`~.4,J ;tJ(~
i9
postpone;the effective date of his; her retirement liy resort to~antisick leave to which the
employee nti~ht otheii%~ise.beentitled.,
G. Dick Leave "transfer
~lnc bai•eainine unit employee may transfer Bogie of hi~'Iter accrued sick leave,to another
bareaining uhit employee.foruse as~sick leave by the.receivmg employee. Stich t;ansfershall
be accomplished by'a memofrom;the transferring employee to the desienated police
department representative for fonyarding to the Personnel,"u~ce, setting forth the name of the
receiving employee and the ntimberof hours being transferred. ail such. transfers are
irrevocable:. In.order to be.,eli~ible to receive a transferof sick.lea~~e the receiving employee
must have zero hours of acctued' sick leave.
"fransf_ers shall be suli~ject,to the folloivinglimitations:
I) ~11'transfers shall be within this Unit only: and .
Transfers are forSick;Leave and not for use at retirement.
i) .-,donor must retain a'balance oY -FU hours at anr'tiine..
~t) "1'he recipient must havz a zero balance.
recipienrmay~re~ei,yemo more than (U~0 {iow's.,per Eiscal Year.
(J'~ ~'I:iiin2S_S'Or iI1~Ur'~"iilV01~~1Q'C"iir2mepiiVS~~ai'pnii60r'.ii12LTipair itleni Gt~a itinChon-Ot a
tzodily member-; ~,orsan or=m_ental Tacultc; andrrequiring;medical intervention suchas surgery,.
hospitali'zafion. orphvsical rzhabilit3tion.
H. Use of Sick-Leave:durin~'~acation
~Vhenran>employee has been.contined o a hospital,.health care:facility or home due to a
serious?illnes"s of injury.and has providad~a medical authorizatioh by a certified physician. or
rriedical:praetitioner, that emul"ooze inav use sick leave in lieu ofvacation fortheneciod o£
coritineinent.
Section'-3 L 'Gerea~emer~t Lea~:e
Leaves ~f absence, up to 2ourworkins days per fiscal year may be granted to employees in the
°everitrof:death in~[_lieaemplovee's immediate family The:inmiediate family shall consist- of the
espouse; chtldren:,;parents;,tirothers. sisters, father-in-law, mother-in-law, brother--in-law, sister-
°in-law, or other ihdividual whose relationship to the employee is thar:of a legal dependent.
Section~32. 1~lilitan~ Lease
`r~c~S
.u
~yhhCarS leave Shall 6e ~ra~ted in accotdarice,witli`ttie ptovisions gf State Law. .yll employees
entitled ro~inilitan~ Ieav;eshall <ri~:e the'ap}2ointih~ power an opportunity within the limits of
inlhtard reulatioliS'to determine when' Such leave shall be taken.
Jection:.33. Leace of _fibsence SV-ifhout Pau.
The City Manager may ~~rant a regular or probationary' zmployee leave of absence without pay
orseriiotitvfor apenod not to;e~cezd threz (3j months. Good'cause beine shown by written
request. the l'.ity ~4aria<,ermav extend the eave oPabsence without qav for an additional
period not to exceed sis;((i) months. No such leave shall;besranted except upgn written
. °q L'e5t Ct the e~;pl~ cot t~n`.r rth .Ile rca SO.^. Fn rh.~ rAq~"~.5`.+ and the approCal ~;,;Il hairs
writin_. Upon expiration of a regularly approved leave: or within;a,reasonable period of time
after noticcto return to duty,. the emploi~ee'shall be reinstatcd:in_the pcsitica held at the time
leave was slanted. Failureon the parrof an.employee:on eave to report prompth at its
expiration, or'within a reasonable time' atternotice to return to duty shall be cause for
dis%harue.
Jection 3~: +Iiirs Leave +
Even' classified employee of thg`Citywho is called or required to serve as a trial juror shall be
entitled to absent himselffrom Ius/her duties with the C:ityduring the period of such service:or
while necessarih beine present m court as a result of such call. Under such circumstances, the
emplcvee hah ~e pan, t,~e uti~grz,~ce benieenhis,her rith~salary and anti payment received,
esceprtracel pay. for such.dun.. _
Secfion:3~. 1-lolidavs
Fixed Holidays. 1'he Ciro slialCobservetwelve (I2) paid fixed-data holida~~s. These
h~lidays~shall' be established.fo~ clie'GitdS-fiscal veac as determine8 5y l itv l ouhcil Resolutign.
B. Holiday: Floatinv. The:City will provide,~one'(:fj:"Flo,ating~Holiday" ofeisht (~,8) hours
per employee, per tiscal'eear for employees;assenedao work ei~,ht (~1 hour per day, which
may be..tai:En b'v the cmpiOyEe 3i a,time miltuallv;a~72ed upon by" Che 2tiipi0~_ 22 and~LiE PGIICO
Chief. consistent with operational needs.
1. fhe Citv kill pro~:de~oltea I) "Floatin,Noliday" often (ld) hours per day per
fiscal year: which-may, betaken by' the employee at a time mutually avreed upon by the
employee and the Police Chief consistent with operational needs:. If the Floating Holiday is not
taken within the Fiscal Year ending June . uth. the Citv will pay the employee for that day.
9l- a8~~i
. 't
Pte.appropriate:holirs. zieft (3) or ten i I U I will be detzrmined by the hours per
day beingworked at the time of the "k"foatihv Holiday" is tal:zu.
o's Employees-hited`benceen July' I and De~einber.31 of each fiscal yzar will be
eligible for a rloating.Holida~-.doting the course of.tlat Yiscal year. Employees hired on or
after January t of each yeat~~shall not b'e eligible tot a Floating~Holiday during that tiscal year.
SECTION 3ti PI2El,iV~~CY'DISABILITY LE_aVE
~n employee who:is disabled on account ofpre_nancy, childbinh. or reiaied medical
conditions may take a' pregnancy related disability leay;e for the period of the actual
a' ~ ~ ~f f ~ y, ,+a;. f~ ,.l„ o to o to
,saw up .a~:. , „ ou~
which the am,plo"yee-may be entitled..
E3: X11 requests-fotpreviiancy disability leave shall. be writtenand submitted toll) thz
employee`s Department Head. and (21 the Personnel. Director for Tinal approval. The
employee;must°subntit a Health care provider's statement veritvin, theneed for
pregnancy- related disability. lease and its anticipatzd beginnin<= and endive dates. The
erttiployee'inust promptly report any changes m this.info.rmation to the 1Jepartment
Head-and the Personnel FJirector.
C: ~n employee on pregnancy disability havz ?tavutilize,any accrued sick leavz. vacation.
or Compensatory Time :~cclued to receive regularcompensatian benefits durinu the
pregnancy disabilitv'lea~,e of absence. .-arty use of accrued paid leave benefits must be
w n.......... ~ i- r _ ~ ..lib
apprayed by iue t cuvuncl Lit 2iivr prior t~ iueir 'uiiuZailarr anu iii t c paiu
continuqusly per thz zn}ployee s rep>ular work.sehedule. Such hours shall cattntence
Yronrthc tirr:day of pregnancy disability leave and'shall continue until such leave is
exhausted. Tire use=ot accrued`paid leave benefits does-not exrend the total'duration:of
pregnancy leave~to which anemployee is entitled.
Ut Employees returnine from pregnancy-disability lea~'e are entitled to reinstatement to the
same:ppsition U+~avai!at+lel ora-comparable position-for which theemnlo~~ze is
qualitied. tothe extent r'egdired.by law. `I'oensure that an employees' return to wggk
can be,propetly scliedliled, an;employee on pregnancy-related disability lease is
reiluested to provide the Personnel virector wrthat.least two weeks advance notice of
the date the employ;ez intendsto return to work if an emplavez tails to repast to work
at the end cif the pregnancy-related disability leave'and does not notify the Personnel
virector of her status. the-employee will be deemed to have resigned.
E: If.an cmllpyee•chooszs~to return to work within sip weeks after normal delivery or if
any question exists regarding an employee's physical Ability to perform resularjob
duties becau_sz of medical complications, the Persorihel director may require the
emolovee to orovide a doctor's medical release verihine the emnlovee's ability to
perfornt~such duties: _ .
F. of a medical disaliilitye~tsts which:exceeds 6U davs, the employee may request to be
piit on long-term disabduv`in accordance with the Unions Lon,-Term Disability
Ploerari. If the eniplovcc still;ha~ sicl.'Jeaye hors accumulated, these hqurs may be
.used cosupplementLTU payments. In;no case ~6all the employee receive payments in
excess ot: regular compensation. The use of L"C17 will be subject to thepolicyvnder
which they are covered.
Ci. [n addition to or in lieu ~f a ieaye of absence, arremployee with apregnancy-related
tlisabiliri' may request a transferto a different position.. Such a request must be
accompanied wrth,a.certihcation from the zmpioyee's health care provider that such a
transfer is°medically advisable., lf.a position is available for which the employee is
quaii:.~d,an~' :r ^^sf~^;ec~u°°°t car, be ...,.~.,..a~h ..odat~~ *he ?'erscnnel
Director will grant the'trapsfer request-
SECTIUN.3=i F~i~~IILY ~IEDiC.aL LEwE
.y. Pursuant to the,Family and i~~Iedical Leave .pct of 49U'i, h\-tL.~, leave shall' be Granted
where cliefollowin~,conditionsare satistied:
(Il the employee has'been employed for at least twehe (1?1 months by the..City aiid
.has provided at least 1,2~~J Hours of seccice during theawelv`e 112j months.befoYe the
leave is requested.
(2j tfie leave is tal:eriaor one of the follo~yii~g reasons:
(a) because ofthe.birth of a child or placehiehcfor adoption or foster care of°a
child:,
fb) iit older to'care<fol file spouse, son_ daughter. parent, or one who stood in
place of a parent of the entplovee, if such spouse: on; dauehter, parent, or "in
loco parentis"' has:9 serious health condition:
" Ic'1 6ecauseof a serious. heahfi+condigon chat makes the employee unable to
perform his/her employaneni functions:
(3) the employee must provide nouce and certitication.forfhe leave as described in
paragraph Cbelow-
F3. FLILA leave is available. for a total of twelve (l" I weeks during any fiscal year.
C. The employee must provide the Cin withtiiim (iU) days advance notice of the leave,
or such notice ~as is practicable:. it thirty davs notice is not possible.
9~-.a~~, ?Jc~r
~i
21 the~emplover~with,certitication ofthe-condition from a health care provider. The
City. at the;C'itY s espensz. maV require,.asecond "opinionon the'validity of the eertitication.
Jhould a contlict arise between fieaitli p~ociders; a tliiFd and binding opinion, at City s expense
shall besought.
3.) Ari erriployze seeking FLAIL A leave~inust;tirst use paidaickaime (if'applicable i.e.: for
personal injury /illness or the care of a.spouse oY child'as limited under the NIUli -Family
Sick• Leave,) and vacation befoYe eoin_ on,unpaid-leave. Tlie total amount of family leave paid
and unpaid will not eticeed a total otawelve l 12j:weeks.. In anv casein which a husband and
• wife entitled;to family leave:are both employed by the employer, the aggregate number of
' 'workweeks of leave to which both may be entitled."shall be limited to twelve.(12j weeks durin~~
any Fiscal Year if such leave is taken because of the Birth of a child or placement for adoption
or tester Care'Ot 3 Child.
D. The employee.shall be(responsible for his%her share~of the health insurance cost during
the leave. If the employee does not return from the leave. he/she• is responsible for the total
insurance, premium paid 6y the employer.
Forntsare available ftomthe Personnel Ut}ice.
9~ .a~ ~ NHS
~J ruc:rt
Section 38. Retirement
X. The City of Petalutna-agrees fe maintain its current Public Employees` Retirement
Svsterir o p"rovide the ?%~U, SUprorain and all other'options: currently in effect for
sworn: officers.
Sworn Contract _~nendinehts
Options: 1y~9 Survivor"sl3eriefit (Level 4). The association agrees to split the cost
uf[his contract.modiiication.~Giw.
One;yearFihal Compensation
lintised SickLeave Credit
iVlilitarv Serrv~ice Credit as Public Service
B, The Citvra_rees to;main[ain its current Ytiblic.Emplovees' Retirement System to
provide 2cK (a S~ provrain effective .ypril I, P9~J3',and all other options currently in effect
for non-sworn personnel.
`JOri Sworn C'ontraet .~mcndmcnts
Options: 19~y Sun ivorsBgneriC'pLevei 1 J
One'yearFii~al.l'ompensation
Unused SickLeave,Credit
~Iilitan^Sewice Credit as Public Service
Section 3y. Griev:mce
1. Purpose.of Rule:
a. 'fo prontote~.improv~ed employer-empl'uyee relationsbc establishing
erievance procedureron matters for which appeal oc heaiinv is not prodded byother City
procedures.
b:. 1b afford employezs (individually or throush the PPO.~) a
systematic means of obtaining further considerations of problems after every reasonable
effort has failed-to resolve them throush discussions.
c. To provide that:grigyances shall be settled as near as possible to the
point. of ori_in.
~~-2-~ j Nc.S
d. To provide,that appeals shall be conducted as in;armally as
possible..
? Matters Subject to Grievance Procedure.
~tw employee in the competitive service,stiall Have the ri_ht to agpeaUurieve under
[tiis;procedure, adecision affecting his/her employment over which zhe appointing
authority has partial or coritpleteyurisdiction;and'fo~-which appeal is not provided by other
fe~ulations or is not prohibited': Appealsto arbitration under Section E 2, sfiallbe limited
to
I) non probatiohary termination;
discipG are demotion.:,
3) suspension without pay for forty (_-10~).~or-"more hours: or
a grievance regarding the ap}ihcatiun oi~:itiierpretatiou of this ivicmoraitdutii
of Understi3ndin~_.
3. Grievance Procedure
Step One.
:art employee who has a problem or complaint should titst m to .et it settled through
discussion with his/ler Lieutenant without undue delay.. Eyerv effort should be made to
find an.acceptablesolution,byinformal means at hislherlowest possible level of
aU~ci-~~i~101i.
(Bj Step Two
if the employee is norin.avreement with the decision reached by discusion in'Step I, the
employee shall have;the ri_ht to file a;Jtep II appeal in writins within ten{lU;pcalendar
days alter receiving the Step [:decision ofthe.Lieuienant. "1'he Step fI appeal shall be
preszntzd in writing to the zmployee's F.aptam. who shall render a decision and comment
in writing and return them to the employee wtihinten (I d) calendar days a8er receiving
the appeal. Failure of the-zmploye@ to take turtjier action within five i>) calendar days
alter^receipt of the written:decision of the Captain . ~r within a to[al of tiYteen (1 ~ )
CaiCnuni dais i~ nv'd CCiSiv~iin.rGidCrCd, 'vv iii~bC 60i15idcrCd ~%"ti1C ~:T" a? L...AOCabiE
dropping of the appeal.
(C) Step Three
It'the employee does not avree with the l.aptain',s decision at Step tI. or it no Step II
answer has been received within ten (I l)) calendar days, ttie employee may present a Step
III .appeal in writing to Chief;of Police: The ChieT of Police_ or a designated
representative it requested. shall iliscussthe Siep° lII.Apueal with the employee. his/her
representative if requested. and' any other person the Chiefdeems.appropriate iY-.any. The
Chief'shah rendera~decistoq!in writing, and return,'it~ to the employee within ten (l0)
.calendar days after receiving the appeal. Fatlure,of the employee to take turtheraction
within :lye Calen~aC'daVS aPier receipt Ot the''deClSion"Or wltiun 3 i0ial Ot htteen(5)
l,a'8 ~ ups
~6
czlendardavs ifno decision is rendered, will be considered b~ the Cin an itrecocable
dropping of the appeal:
1D) Step Four
If lie employee does not agree with the decision reached at Step III or iY no answer has
6een,recei~ed within ten (tU) calendar days, hz/she,may present[ the Step IV .-yppeal in
writing to the Qity Manager. .niter tecei~ing tfieSCep IV Appeal, the City :Manager, or a
designated representative, shall di"scussalie grievance with the employee, employee's
representative if requesfed.,and witfi-other appropriate persons the City blanagerdeems
appropriate if anV. "The City Nlahager may designate atact-tindin~ committee or officer
not in the normal hhe~of supervision. to~advise,hitti/her concerning the appeal. The City
Manager shall render a Step dV decision in writing to the employee within twenty (2U)
calendar-da~•s afterreceivin~ the ,rie~ance_
(Ej Step Five
[f the employee does not agree with the City iVlanavers' decision at Step 1V. or ii no step
I~% answer has been received within twenty-five (3~) calendar days. the employee may
present a Step V a(%peal'in;writing to the City Manager, orhis/lrer designee. .Xn employee
who choo"ses to appeal Step Iti' has theright to elect,eiiher of the nyo following
procedures outlined below. In order to elect a procedure herein. the employee must vise
written notice of his/her intent'to proceed under a peciric procedure at the time this Step
is invokzd. Such written elzctionshall be on a fonnprodided by the City and shall contain
an unequivocal and unconditional waiter of the right to`proceed underthe alternative
election. In no event willariv~entplo~er5e allo~~ed,to pursue both,appzal procedures.
( Cj Personnel`Rules'and Regulations
(a) ,u,y regular zmployee stia(I have the right to appeal to the
Personnel Board any disciplinary action; interpretation or alleged violation of the
Personnel Ordinance or the Personnel Etules and Regulations except in instances
where the righrofappeal is specihcahy prohibited'bv the Personnel Ordinance or
the Personnel Rules:and Regulations:
(2) Final.andBinding Arbitration
(a) .An employee mayelect to use Procedure Two only if it an appeal
involving (I') non-probationarv'tenitiriati~n- or a disciplinary demotion. or a
suspension without pay-for forty (=~Uj or. more hours. or (-3) a grievance involving
the application.gr mierpretation of this Memorandum of ~~nderstanding.
(b) In matters involving discipline,ahe arbitrator shall haveaherauthority to
determinewhether the City mtaking the disputed disciplinary action- had just
cause forsueh,actton,;iirvolvmg (6;)non-probationari termination, or (3) a
disciplinary demotion. or (3) avsuspension~wiihout pay for forty (~U) or more
hours. and shall have autliorit~ to,uphold: reduce or set aside the discipline,
includingreihstatement and restoratiomofback salary.
91 agi ~Ic~
Ic) In,matters Cm'olvine the interpretation or application ofthis
~sreenient. the arbitrator shall itct:add to. subtract.frem, change cr medit~. amt
provisioaof this agreement and shall be authorized only to apply existin«
provisions ofahis .~xreeriient to the. specific Pacts involved and to interpret only
applicaole provisions otahisAgreement.
i,d) The parties agree on the following-standing panel of arbitrators. Step
V" :-appeals stiatl be lieaid and decided by an arbitrator selected from this panel b}
the muttial agreement of the parties or failing,such an agreement, by the
alternative stiike=oift method.
Joe H. Henderson Barbara Bridgwater
Emifv ~falonev Francis Walsh
Donald bVollett Gerald:~lcKav
veraidine i<andaii
(i) The City and employee for Association) Stialhshare equally the costs of the
Procedure Une or Procedure''I'wo,'includine both fees and expenses. Each party.
hoivecer. shah :bear the cost oT its presentation. including preparations and post
hearinv briefs'..
l~+) The time limits setforth herein.mav6e extended., shottened or waned bv_ the
mutual agreement of the parties btit otherwise.are binding.
Section Jttr. Safety Committee
The Petaluma Peace Dt}ieers :yssociation shall appoint one member to a Departmental
Safety Commir~ee.
Section ~'1. Americans with Disabilities act
The. C itti and the Association recosnize that the.Americans with Disabilities Act and the
Tait L-mplocmert and Holising.Actmay,require accommodation of individuals protected
under the Acr and that these accomiitodations must. be.determined on an individual, case-
bv-case basis. The Unioti•recognizes that the City figs the le<_al obligation to mzet with the
individual to be accontmgdated'.before anv adjustment is made in working conditions. "hhe
union also recoenizes that individual employees hake rights to privacy and confidentiality
of medical information-which the City is reyuired to protect.
[f the city determines than. in order to accomrnodate an employee, it would be necessary ro
disregard an e~oress prop ision ofahts MUU and thus deprive other bargainine unit
membersofan express contract ri_lir or rights, the City agrees tonotity the Association
prior to the implementation of anv such accommodation. If the Union disagrees with the
proposed accommodation tt may; before fhe end.of the third business day following such
no{ihcation. requires to meetwiththe-.City to discuss the accommodation.
q~' 2-8 ! uc~s
~s
The 3tter. and upc;i presentation ro the,Ci*v=of a'wa;per and authorzati ;n'ic release
rnedtcal inforriiation. in'a #orm approved by the City andsivned by the individual seeling
accommodation: the city agrees.ao meet}wth''tHe Association and provide the .-yssociation
with an opportunityto discuss and;provide input and comment with respect to he
proposed acconvnodation "Gkie Association agrees to keep information-shared:in-such
.meetings confidential and will nordisclose such information to any member -In the event
ofa breach of this confidentiality provision byt}ie Association, the Association agrees to
defend, in8emniiv and,atoldharmless the City against any subsequent Iawsuiror other
cl"aim. tothe ettent such,lawsuit or claim is' based uponauch disclosure of information.
In the event that the City and the ,association are unable to agree with respectto the
proposed accommodation, t;ie :association may resor to a coup t of competent
jurisdiction for any relief,it believes it may be entitled to: However, until otherwise
ordered'by a court or competent jurisdiction; the City mayimpiement the proposed
accommodation:ifthe (ity.arid the Association are unable to reach agreement. The oarzies
expressly recosnize.that aeree?that aaydispute:aisitig:from the interpretation or
application of this paragraph is not subject to the arbifration/dispute resoWtion provisions
ofthis a«reement.
.any accommodation prop ded'to an individual shalLnot establish a past practice, nor shall
it be cited or uszd as evidence of a past practice.
Jection ~2 I:avotTs
Sec. 1. Notification:
Employeesio be (aid ot~ shall be given, whenever possible. at (east l=
• calendardays pnornotice. _
Sec. ti aeancvand:f)emotion;
Except asothenvise provided, whenever there is a reduction in the work "
force.. fhe=appointing authority shall tirst demote to a vacancy. if am, in a
lower classification for which the employee who is the latest to be laid off
~4.:.. ...:.4 C~,.1:...,. ..,Ia,:.l aft ,1 ,.A„Il
'in.,nCC~i uauw u,..~~u,vu . is yuuuuw. .-emu NCrSGiS Sv u~u,vi~u m.~u.
Have their names placed on the re-employment list.
Sec. 3. Employee Ki~~liU:
~an employee affected by IayotY; hall have the right to displace an employee
in the same department who has less seniority in I j a lowerc(assificati~n in
the same classification series or in 2j a lower classification in which [he
affected' employee once had reeularstatus. For the' purpose. ofthis sectign
and-Section.-F, seniority includes all periods of full-time sereice at or above
the classification level where the Iayotl into occur.
Sec. ~ Seniority:
91 ~ N c~
?J
In}girder to retrearto a; former or lower classitication. an employee must
hays more senonty than at least one oti the incumbents in the retreat
classitication: be quahtied'fo hold,the..retreat classification or have served in
the retreat classitication:prior, to the layoff and request displacement action
in writing to the Personnel OYhicer within (?j working days of receipt of
notice of lavott:
Employees ~yithin each ~categoryashall be laid otl in reverse order of
seniority within the classification series, .Seniority for the retreat
classitication would be the combination of time se~ved,ai orabove the
layot~` classitication and any prior time served in the retreat classification,
"ties will be broken based on senioritvoftotal City service.
Employees retreatingao a lower or similar classitication shall be placed at
the salary step representing the least loss of pay. in no case sitaii the salary
be increased above that received i_n the classitication from which the
employeewas laid off.
Employees retreating to.a~lower or imilarclassification shall serve a
probationary period, in the new. classitication unless they have previously
successfully completed a probationary period in the retreat classification or
a hivher classitication ih the series.
Sec. Employment Sfatus
In each classification of position within the competitive service, employees
shall be laid rotF accoYdihv fo employment status in the, following or"der:
teinporarv: provisional probationaiti„and"revular.
I'emporan, provisional and probationary employees shall be laid off
accotdine to the needs of the service as determined by the appointing
ailthority:
Scc: V. Re-employment LiSL
"l he names' ofpersons laid ~tf ~r demoted in accordance with these rules:
shall be entered upon a re-employment list.. Lists from different
• depamnentsror at different: times for~thz same classitication of position shall'
be combined -into a sinsle list. 'Buell list shal4 be used by every appointing
auttioritV when a Vacancy arises lit the same or lower classitication "of
position ,before certification.:is made' from aneligiblelist.
Sec. 7. Utiration of Re=Emplovment_LisY
~,ames, of persons laid off shall be carried. on,a, re-emplovmeiit_list for two
years, except that. persons appointed to, re~~ular positions of the same level.
<<"d that whiCil aid Oil'. Siiatl, LlpOn SiiCh appointment. be°dY~pped irOm the
list Rersons wtio refuses re-eniplovment shall be dropped from the list.
91= ~ ~-N es
Persons re-employed' in a lower classiTication, or on a temporan basis,
shall be continued on the list Tor the higher position for two years.
Emplo}°ezs in Public Safety classifications shall be subject to all regular
medical and psychological testing in order to determine fitness for dutg.
q~ - ~=~~a ~~c~s
JI
?aCEPT.~i~CE
The parties,affi~ their sighatures:as constituting';mutual acceptance and:recommendation
of this Memorandum oI`Gnderstandngtd 6ecome.etFective January 1, 1993 following its
adoption by the City'Council of the City of Petaluma.
PE.~CE OFFICERS' ASSU I~TI(~N (7F PETr1LUM~
J
ic//~ /c/%~4'7
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CITY OF PETALL.~LA
fi ~f -~,.~--.Y_ it//i/S 7
111
91--ag ~ e~