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HomeMy WebLinkAboutResolution 96-249 08/19/1996RESOLUTION NO. 96-249 N.C.S. of the City of Petaluma, California RESOLUTION RATIFYING MEMORANDUM OF UNllERSTANDING EXECUTED BY THE DULY AUTHORIZED REPRESENTATIVES OF'CHE CITY AND THE PETALUMA PUBLIC SAFETY MID MANAGEMENT ASSOCIATION FOR EMPLOYEES OF UNIT ]0 WHEREAS, the City, through its duly authorized representatives; and the Petaluma Public Safety Mid Management Association through its 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 10, in accordance with the Meyers-Milian-Brown Act and the City's Employer-Employee Relations rules and Regulations (Resolution No. 5512 N.C.S.); and WHEREAS, the duly authorized representatives of the City and the Petaluma Public Safety Mid Management Association have executed a Memorandum of Understanding pursuant to Section 15, Resolution No. 5512 N.C.S. and recommend its approval by the City Council; and WHEREAS, the City Manager, pursuant to Section 28, City of Petaluma City Charter, 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 employees' compensation; and, WHEREAS, the City Manager has reviewed and concurs with said Memorandum of Understanding for Unit 10, and does recommend that the City Council ratify said memorandum of Understanding. NOW, THEREFORE, BE IT RESOLVED that the Memorandum of Understanding, being in the best interest of the City is ratified and the terms and conditions of said memorandum of Understanding (as attached) shall be effective July 1, 1995 through June 30, 1997. Under the power and authority conferred upon this Council by the Charter of said City. REFERENCE: I hereby certify the foregoing Resolution was intraluced and adopted by the App ~~~as to Council of the City of Petaluma at a (Regular) XAN)an>+n~xxSpe[4si) meeting on the .lflth .............. day of ...........t1.u$ust...._......_..................., 19..96. by the ........... following vote; _ _.........~ ................... it ANorney AYES: Maguire, Hamilton, Barlas, Read, Shea, Vice Mayor Stomps, Nlayor Hilligoss NOES: None ABSENT: None ATTEST : ....... ......... .. .............. ........._...... ............_...._ ... .... .._ ....... ............ ity Clerk Ma or `/ Cbmcl Fila______.__._ CA 1085 Ae> Nn .....~3..6-2.49........ NC.B. CITY OF PETALUMA MEMORANDUM OF UNDERSTANDING FOR UNIT 10 (PUBLIC SAFETY MID-MANAGEMENT ASSOCIATION FY 1995-1997 q (~ - a ~-9 ~a 3 TABLE ®F CONTENTS PREAMBLE GENERAL Section 1 Term Section 2 City Representation Section 3 Association Recognition Section 4 Dues Deduction Section 5 Association Representatives Section 6 Access to Workplace Section 7 Use of City Facilities Section 8 Advance Notice Section 9 City Rights Section 10 Association Rights Section 11 Non Discrimination COMPENSATION Section 12 Salary Section 13 Special. Pay Section 14 Compensation For Clothing Loss Section 15 Vacation, Payment Of Section 16 Sick Leave; Payment Of Section 17 Deferred Compensation Section 18 Holiday Pay Section 19 PERS Employer Paid Contribution Section 20 Work During A Local Emergency Section 2] Uniform Allowance -Public Safety Section 22 Education Incentive Section 23. Health/Dental Care Cash Back INSURANCE Section 24 Health Insurance Section 25 Dental.Insurance Section 26 Life Insurance Section 27 Long-Term Disability Section 28 Vision Insurance Section 29 Other Health and Welfare Payments LEAVES Section 30 Vacation Section 31 Sick Leave Section 32 Bereavement Leave Section 33 Holidays Section 34 Military Leave Section 35 Leave Of Absences Without Pay Section 36 Jury Leave Section 37 Administrative Leave OTHER Section 38 Retirement Section 39 Grievance Procedure 9 6- a~ 9 '- ~a 3 PREAMBLE . This document represents the final and complete agreement resulting from Meet and Confer sessions between the City of Petaluma and PPSMMA. This document supersedes all prior Memoranda of Understanding. Representatives of the City and Unit 10 acknowledge that they have fulfilled their mutual and respective obligations to Meet and Confer under the Meyer-Milias-Brown Act. As a result, the parties have come to a mutual understanding which the representatives of the City and Unit 10 who have approval of their members agree to recommend for acceptance and approval to the City Council of the City of Petaluma. The parties affix their signatures as constituting mutual acceptance and recommendation of this Memorandum of Understanding'to become effective upon acceptance and approval of the City Council. GENERAL Section 1. Term. This compensation plan shall. be for a two (2) year term for the fiscal years commencing July 1, 1995 and continuing through June 30, 1997 following City Council acceptance. Section 2. City Rearesentation The Municipal Employee.Relations Officer of the City of Petaluma or any person or organization duly authorized by the Municipal Employee Relations Officer, is the representative of the City of Petaluma, hereinafter refereed to as the "City" in employer-employee relations. Section 3. Association Recognition Subject to the statutory rights of self-representation under the Meyer-Milias-Brown Act, the Petaluma Public Safety Mid-Management Association, Unit T0, hereafter refereed to as the "Association", is the recognized employee organization for the positions listed in Section 12 of this Memorandum. Section 4. Dues Deduction Payroll deductions for membership dues shall be granted by the City to the Association in accordance with the terms of this paragraph. The following procedures shall be observed in the withholding of employee earnings: ~~-ay9 3 ~a 3 (a) Payroll deductions shall be for a specific amount and uniform as between employee members of the Association. Payroll deductions shall be limited solely to membership dues. Dues deduction shall be made only upon the employee's written authorization on a payroll deduction form provided by the Association and approved by the City. (b) Authorization, cancellation, or modification of payroll deduction shall be made upon forms provided or approved by the City Manager. The voluntary payroll deduction authorization shall remain in effect until employment with the City is terminated or until canceled or modified by the employee by written notice to the City Manager. Employees may authorize dues deductions only for the Association certified as the recognized representative of the unit to which such employees aze assigned. Any dues deduction authorization will automatically terminate in the event that the Association's status as exclusive representative for the bazgaining unit members terminates. (c) Amounts deducted and withheld by the City shall be"transmitted to the officer designated in writing by the Association as the person authorized to receive such funds at the address specified. (d) The employee's earnings must be sufficient, after all other required deductions aze 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 isin 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. (e) In addition, the Association shall refund to the City or the City to the Association any amounts paid/received in error upon presentation of supporting evidence. Section 5. Association Representatives City employees who are official representatives or unit. representatives of the Union shall be given reasonable time off with pay to attend. meetings with management representatives, or to be present at• hearings within 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 the City services as determined by City Management. The employee organization may select 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 job classification in the same Department be allowed released time pursuant to this section at any given time. Section 6. Access to Worknlace 9 t~ - a~-9 4 ~a-3 Reasonable access to employee work locations shall be granted 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. Representatives, if they are' not City employees, shall notify the Ciry Personnel Director or his/her designee prior to entering onto City premises for such purposes. Access shall be restricted so as not to interfere with the normal operation of the department or with established safety or security requirements. Section 7. Use of City Facilities The Association or their representatives may, with the prior approval of the City Personnel Director, be granted the use of Ciry facilities for meetings of the Association provided space is available and subject to City operational requirements. Use of these facilities shall be in accordance with the City Resolutions and the Myers Millias Brown Act. Section 8. 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 and shall be given the opportunity to meet and confer prior to adoption. )n cases of emergency when the City Council determines that an ordinance, rule, resolution or regulation must be adopted immediately without prior notice or meeting and conferring with the Association, the City agrees to meet and confer within a reasonable and practical time after the termination of the emergency situation. Section 9. City Rights All managerial functions and rights which are not modified, restricted or limited by the MOU, State Law, 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 10. Association Rights The City will not interfere with or discriminate in any way against any employee of his/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. q~-a~+~ s ~~3 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. Section 11. Nan Discrimination (Language to inserted at a later date) qc~-a~w 6 Jba3 COYIPENSATION Section 12. Salary (A) Classification represented by this unit are as follows: Battalion Chief Fire Marshal Police Captain Police Lieutenant Police Public Safety Dispatch Supervisor Police Records Supervisor (B) A onetime lump-sum payment will be made to. each member of Unit 10 as of the date of adoption of this MOU, in an amount equal to 4% of the employees base salary (as of June 30, 1995) for the period January 1, 1996 to September 8, 1996; less applicable withholding. The parties specifically agree and understand that the method of computation of the payment above simply reflects the method by which the amount of the payment. is calculated and does not reflect a retroactive salary increase, and therefore, no payment for retroactive overtime or any other salary driven. costs of any kind, manner, or description is. due or owing. This amount shall be applicable on a pro rata basis to all members of the unit who were members between January 1, 1996, and September 8, 1996. Additionally, the City shall reimburse the out of pocket expenses for Medical Health Coverage by members of the Association for the period between July 1995 and September 8, 1996. (C) Effective September 9, 1996 The City will update the existing compensation survey to determine the agreed upon average in effect on August 1, 1996. The agreed upon average shall consist of the following items: Wages; EPMC PERS Contributions; Medical Insurance, Dental Insurance, and Vision Insurance Contributions; Uniform Allowance; and EducationaUPost Management Incentives (excluding the Vacaville Battalion Chief Incentive) which are paid on a monthly basis for various certificates, or degrees,. with monthly totals compared. .The agreed upon average percentage generated from the survey shall be.the bans for changing the above monthly rate, at 50% of the agreed upon average, to be effective the beginning of the first full pay period in September and 50% of the agreed upon average effective the first full pay period of January 1997. As of the September 9th adjustment the Fire Marshal will be placed on the same salary range as the Fire Battalion Chiefs. Example: if the differential percentage is 5% at $1000.00 per month, the formula is as follows: $1000.00 x 1.025% _ $1025 effective September 9, 1996 and 1.025 x $1025.00 = $1050.65 effective the beginning of the first full pay period in Janaury 1997. qc~ -a~9 ~~ 3 Section 13. Special Pav Police Captains and Police Lieutenants The City Manager has authorized Police Captains and Police Lieutenants to be eligible for'special pay assignments as uniformed field officers under limited circumstances. These assignments shall not include any duties related to the performance of their management duties. Rate of pay for said assignments shall be $42.50. per hour. With prior approval of the Chief. of Police, Police Captains and Lieutenants may work out of class as police sergeants to provide supervisory personnel on those shifts or special assignments where police sergeants or police officers are not available to fill the assignment. Pay will not be authorized to police managers who volunteer to fill behind each other due to shift shortages or other circumstances. Management personnel may work these out of class assignments only on their regular day off and are limited to not more than 10 hours per week nor more than 20 hours per individual per month. Special pay is not available for periods of less than a complete work day. Special pay will be indicated on the employee's payroll report. Police Dispatch Supervisor Special Pay shall be authorized for the,Dispatch Supervisor at $25.00 per hour for periods of 1-0 hours or less to fill for short periods of Dispatcher shortages. Section 14: Compensation For ClothinE Loss The City Manager is authorized to provide compensation to City employees for loss or damage to their clothing which occurs during the course of carrying out an official duty. A request for compensation .hereunder shall be submitted in writing, in detail, to the City Manager via the department head concerned. The amount of compensation, if any, shall be at the discretion of the City Manager Section 15. Vacation. Payment At Termination Employees who terminate employment shall be paid in a lump sum for all accrued vacation leave earned prior to the effective date of termination. Section 16. Sick Leave. Pavment Of In the event of the death, disability retirement, regardless of time in service; or regular retirement of an employee who has completed ten (10) or more years of continuous service with the City, the employee shall be paid or shall. receive to his/her benefit, fifty percent (50%) of his/her accumulated but unused sick leave not to exceed 600 hours. Fire Battalion Chiefs who are assigned to a 56 hour workweek shall receive 50% ofthe-accumulated but unused sick leave to a maximum of 1,000 hours.. An employee retiring on a regular service retirement may elect not to receive this benefit and instead place alUor part of accumulated sick leave hours into the PERS Sick Leave Conversion ~~ -a~F9 sJ~a3 but not to exceed the limits listed in the above paragarph. Section 17. Deferred Compensation 'The City of Petaluma shall make available to the members of this Association, the City's Deferred Compensation Plan. Section 1B. Holiday Pav The City shall:pay Battalion Chef and'Police Lieutenant for all"holidays as listed in Section 33A in the month of December in lieu of giving time off. Holiday pay steal] be calculated as follows: 56 hour employee =regular rate x 12 hours x number of holidays 40 hour employee =regular rate x 8 hours x number of holidays Section l9. PERS. Employer Paid Contribution The percentage of each .employee's PERS contribution previously paid by the City prior to the adoption of the 1994-95 Compensation Plan as the Employer Payment of Member Contribution (EPMC) shall instead be paid to the employee who shall then pay that amount to PERS. For purposes of withholding, the City shall defer that portion of the employee's contribution paid to PERS through Section 414(h)(2) of the Internal Revenue Code pursuant to City of Petaluma Resolution 90-363. Therefore, :for calculation of base salary at retirement, the employee shall now have an increased base salary that will include the total amount of the employee's contribution to PERS previously paid as EPMC. The employee's contribution will be withheld from the employee's pay by the City, and the City will make the' employee's payment of the employee contribution directly o PERS on behalf of the employee. The employee may not make an election to take this amount:in salary and/or to make the payment to PERS. The tax exemption does not apply to FICA/social security. The following is an example of the application of IRC 414(h)(2) as applied to a miscellaneous employee. An employee-makes $1,000 per month base salary. Under the prior contract the employee was not responsible for paying the required 7% employee contribution. The City was responsible for paying 7% ($70.00), which was a City responsibility that was in addition to the $1,000 base salary. Under the 414(h)(2) method, the EPMC will revert to salary and the employee's base salary will now be $1,070, Of this 7% (approximately $75.00 will be paid to PERS from the $1,070. The full 7% will be tax exempt and this means the employee will pay taxes on $995.00. Section 20. Work DUring A Local Emergency R~-a~f 9 9~a 3 Members of this Association who are required to work during a Counci] Declared Local Emergency shall be.paid at their regular hourly rate for all hours beyond their normal work day. Section 21. Uniform. Allowance The Classifications of Fire Battalion Chief and Fire Marshal shall receive as a uniform allowance 1.5% ofthe top step firefighters annual salary effective July 1, 1996. Police Lieutenant and Captains shall receive 1.5% of the top step police officer's annual salary effective July 1, 1996 as the uniform allowance. Uniform Allowance shall be paid in December. Section 22. Education Incentive Police Lieutenant and Captain upon providing to the Personnel Office the POST Management Certificate shall be eligible to receive an educational incentive in the amount of $300.00 per month. Battalion Chief and Fire Marshal, upon providing to the Personnel Office the Chief Officer Certification, shall be eligible to receive an education incentive in the amount of $150.00 per month. Those Battalion Chiefs who currently are receiving an educational incentive for a BA shall continue to receive that $150 per month and not. be eligible for the Chief Officer Certificate Incentive. No future payment for a BA will be permitted for any member of this unit. Section 23. Health/Dental Care Cash Back An eligible employee may request cancellation of the employee's City paid medical and/or dental insurance coverage under Section 125 of the IRS Tax Codes upon presentation to the Ciry of satisfactory proof that he /she has medical and/or dental insurance coverage from another source. Such a reyuest may be made during the open enrollment for PEMCHA medical elections but will be, in all.. cases subject to the terms and conditions and cancellation requirements of the particular plan. When the employee has demonstrated such coverage to the City's satisfaction, the City will request cancellation of the employee's medical and/or dental coverage, subject to the terms and conditions of the particular policy. Upon actual cancellation of the employee's medical coverage, and.commeticing on the date of cancellation of such policy, the City will instead pay to the eligible employee, on a monthly basis, an amount equal to 50% of the "equivalent monthly cost", as defined herein, of insurance coverage of said employee. In determining the "equivalent monthly cost" of such coverage, the City shall calculate the monthly premium amount which would be paid by the City on the employee's behalf under the Health Plan of the Redwoods plan, based on the employee's coverage level (e.g. self, self plus spouse, self qc~ -a~~ to ~a3 plus spouse plus children] at the time of such cancellation.. However, if the actual monthly cost of the employee's current plan coverage is less than the monthly HPR cost, then the lower figure shall aie used. In the event coverage is cancelled. only for the employee's spouse or dependent children, the reimbursement will be 50%' of"the cost difference between the old and new le"vels of coverage (as calculated~:using the HPR plan). Upon such cancellation of the employee's dental coverage, the City will instead pay to the eligible employee, on a monthly basis, an .amount equal to 50% of the City's internally generated estimated monthly cost of'the self-funded dental costs. Any employee. cancelling coverage• will be required to meet all rules and conditions of the particular plan, including,.but not limited to;. all rules.•and conditions governing administration, cancellation, and re-enrollment eligibility by requesting a cash payment pursuant to this section, such:. employee understands, and agrees as a condition of receipt of this payment, that re-enrollment eligibility into any plan in not guaranteed. ql~-a`~~ 1l ~~3 INSURANCE Section 24'. Health Insurance ACTIVE Employees Effective August I, 1994 the City shall .initiate the Public. Employees' Medical Health Care Act (PEMCHA) for members and eligible dependents of the Association. The premium paid by the City toward this program shall be in,the amount of'$100.00 per month per employee. The Health Plan coverage shall be as indicated on provider contract documents on file in the Personnel Department. RETIRED Employees An employee with twenty (20) years of service and who.,is~age 50 or older and who retires on a service retirement during the term. of this. agreement, will be eligible for $95.00 per month beginning on the retirement<date. The payment will dectease in the amount of $5.00 per year to $0.00 after 20 years if the retired employee contihues in the PEMCHA plan as a retiree. Should. the retired employee not continue in the PEMCHA plan, he/she will be eligible for the full $100.00. It is the responsibility ofthe retiree to notify the City in writing that he/she is not being covered by the PEMCHA plan. and the City will commence payment of the $100.00 at the beginning of the month following the receipt of writtennotice bythe retiree. Section 25. Dental Insurance The City shall provide for a group Delta Dental Insurance Program Plan coverage indicated on provider contract documents on file in the Personnel Department for City employee and dependents in this Association. Additionally, the City shall contribute toward an Orthodonture plan $1,000per child at a 50% co-payment rate. The City shall pay, during the period of this Compensation Plan the full premium toward.the City group dental insurance coverage. program. Section 26. Life Insurance A. The City shall provide for a group term life insurance program for City employees in this Association. The City~shall pay, during the courserof the Compensation Plan, the insurance premium towards employee only coverage for such insurance in the principle sum of $25,000 per employee; additionally: B. The City shall provide for a group Management Life insurance program for City employees in this Association: Insurance shall.be in the amount of one and one-half (1-1/2) timestheir annual salary rounded to the nearest even dollar, not to exceed $125,000. Section 27. Long-Term Disability The City shall provide:a long-term disability plan. Plan coverage indicated on provider contract documents on file in the Personnel Department. Premium to be paid by the City. l2 ~ a- 3 Section 28. Vision Insurance The City shall provide a Vision Plan;for employees and dependents. The premium shall be paid for, by the City. The plan coverage shall. be as indicated on provider contract documents on file in the Personnel Department. Section 29. Other Health and.Welfare Payments The City shall provide to the actve.members of the Association additional monthly health and welfare payments equal the PEMCHA Health Plan of the Redwoods premium amounts less $100,00. 9~ -a~-~ 13 ~~ 3 LEAVE Seiaion;30. Vacation A:1 Amounts. All regular employees.of the City of Petaluma, after working one full year are entitled to the equivalent of eighty (80) hours of vacation with pay in the year following the year in which vacation is earned. All regular employees of the Gity of Petaluma, after five (5) years of continuous service with the City, and beginning with the sixth year, shall'be entitled to the equivalent of one hundred twenty (120) hours of `vacation per"year. After ten (I-0) years of continuous service with the City, eight (8) hours of vacation shall be added for each year'of'continuous serviceto a maximum of two hundred (200) hours of vacation. A2 Voluntary.Leave Plan. Accruals under the Voluntary Leave Plan shall be prorated to the work week equivalent.hours. B. Scheduline. The times during 'a calendar year in which, an employee may take his/her vacation shall be determined by the department head with,due respect for the wishesof the employee and particular ri;gai•d for the needs of the ervice: If the requirements of the service are such that ari.employee cannot take~part or all of his/her annual vacation in a particularcalendar yeaz,,such vacation shall betaken during the following calendar yeaz: C. Vacation Adjustment. Employees who are granted time off for scheduled holidays shall not have such holidays charged as vacation leave when the vacation leave and'holday(s) coincide. Employees who are paid for. scheduled`holidays in lieu of time off shall not be eligible for this adjustment in their vacation. D: Fire°Battalion'Chiefs'"Vacation shall be computed as follows Amount of Continuous Service Vacation Afte completion of twelve months 5 shifts/year After completion of five years 7 shifts/year After completion often years 9 shifts/year Aftet completion of fifteen years 10 shifts/year After completion;of twenty years I 1 shifts/year Any eligible employee with the consent of the head of his/her department and the. Personnel Officer may defer 2.33 shifts of his/her annual vacation to the succeeding calendar year,. subject to the other provisions of this rule. A written report of each 9~-aH 9 l a r~ a 3 deferred vacation signed by the appropriate department. head and the Personnel Officer Noting the details shall be kept on file with the Personnel Officer. E. For'the purposes of this Memorandum of Understanding (FY 95-97), employees who work a 56 hour workweek and have over'20 years of service on July 1, 1995 shall be credited 41.4 hours of vacation time. For those employees who work a 40 hour workweek and have over 20 years of service on July 1, 1995 shall be creditied 47.69 hours of vacation Section 31. Sick Leave A. General. Sick leave with pay "shall be,;granted to- all probationary and regular employees within the competitive service. Sick leave shall not be considered a right which an employee may use at his/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 of'an employee's family members, which requires the employee's attention. The term family:.member shall include: spouse,. children, parents, spouse's parents, brothers; sisters or. other individuals whose relationship to the employee is that of a dependent or near dependent. B. Accrual. Sick leave shall accrue to all full-time employees at the rate of eight hours for each month of continuous service, with the exception of Fire Battalion Chiefs, who shall accrue at 12.0 hours per month. C. Voluntary Leave:Plan Accruals under the Voluntary Leave Plan shall be prorated to the work week equivalent hours. D. Utilization. For Fire Battalion Chiefs, sick leave shall be utilized at the rate of 12.0 hours per shift absent. E. Notification Procedures: In order to receive compensation while absent on sick leave, the employee shall notify his/her immediate uperior or'the Personnel Office prior to or within. four hours after the time set for beginning his/her daily diities as may be specified. by the .head of his/her department. When absence is.foc more than. three days/shifts duration, the employee maybe required to file a physician's certificate with the Personnel Office stating .the cause oftherabsence. F. Relationship To Workers' Compensation. .Benefits shall be payable in situations where miscellaneous employee absence is due to:indtistrial injury as provided in Califorr»a State Workers' Compensation Law. During the first three (3) work days when the employee's .absence has :been occasioned by injury suffered during his/her employment and he/she receives Workers' Compensation, he/she shalLreceive full pay. Following this period sick leave may be=a supplement to the Workers' Compensation benefit provided.the employee. Compensation is at his/her regular rate for a period not to exceed six months or until such ~c~ -a~9 l s ~ ~: 3 sick leave, is exhausted, or the disability is abrogated, or that employee is certified "permanent and stationary" by a competent medical authority. The City shall pay him/her the regular salary, based on the combination of the Workers' Compensation benefit plus sick leave. All employees receiving full salaries in lieu of temporary disability payments pursuant to Section 4850 of the Labor Code are entitled'to accumulate sick leave during such periods of sick leave. Sick leave for industrial injury shall not be allowed'-for a disability resulting from sickness, self-inflicted injury or willful misconduct. The City may retire any employee prior to the exhaustion of accumulated sick leave, at which time aU accrued but unused sick leave shall be abrogated, subject only to the limitations provided under this Memorandum of Understanding (reference Section 16, Sick Leave, Payment Of). G. 'Sick Leave Transfer`Policv:.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 the Personnel Office, Naming the individual to receive the sick leave and the amount donated, with the following restrictions: Employees who wish to transfer sick leave must retain a minimum of 160 hours sick leave to be eligible'to transfer sick leave. 2. All such transfers of sick leave are irrevocable. 3. The employee-receiving the sick leave transfer must have zero (0) hours of accrued sick leave, vacatiorrand CTA left on the books. 4. Employees may not buy or sell sick leave, "only the time may be transferred. 5'. Employees may not transfer sick leave upon separation of service. 6. Sick Leave Transfer. sfiall only be allowed between Units 8, 9 and Unit 10. However,. Sick Leave by members of Unit 10 is permitted to be transferred to members of other non management units. 7. No .more than ninety (90) workdays of Sick Leave may be received by an employee for any one illness or injury. 9(, - ~ ~. 9 16 ~ ~- .3. 8. Anyssick leave transferred but not utilized by the person to whom it is transferred shall be returned.to the donor iii the event of the death of the employee receiving .the transferred leave. Section 32. Bereavement Leave A. In the :event of the death of an employee's spouse,,. mother, step-mother, mother-in-law, father, step-father,., 'father=in-law, btother, sister, child, including an adopted child, graridchild, grandparent; and spouse's grandparents, an employee who attends the funeral shall be granted time; off work with pay. The amount of time off work with pay shall be only that which is requi~ed`to attend the funeral and make necessary funeral arrangements, but in no event shall it exceed three (3) working days. These three (3) days shall not be chargeable to sick leave,. An additional two (2) days required for necessary funeral arrangements may be charged to the employee's sick,leave and any additional time beyond these two days may be charged to accumulated vacation or leave without pay. Such bereavement leave shall not be accruable from fiscal year to fiscal year, nor shall it have any'monetary value if unused. B. Voluntary Leave Plan Accruals under the Voluntary Leave Plan shall be prorated to the work week equivalent hours.. Section 33. Holidavs A Fixed Holidays. The City shall observe eleven (11) fixed-date holidays. These holidays shall.be established for the City's fiscal year as determined by City Council resolution. The holidays for fiscal year 1995-96 ihclude the following: Independence Day Labor Day Columbus Day Veterans' Day Thanksgiving Day after Christmas Day New Year's Martin Luther King Day Presidents' Day Memorial Day 9~- a~~a 3 B, Floating Holid'av. During the period of this Compensation Plan, City will .authorize one (Y) "Floating Holiday" per employee, which may' be taken by the employee at a time selected;bythe employee, subject to operational requirements and approval determined by the City. Employees hired between July 1 and December 31, will be eligible for a Floating Holiday during the course of the Fiscal Year. C. Voluntary Leave Plan: Holidays taken during the Voluntary Leave Plan shall be prorated to the work week equivalent hours. Employees on a. Voluntary Leave for a fixed period will not be paid for any holidays falling within the fixed leave period. Section 34. Military Leave Military leave shall be arranged in accordance with the provisions of State Law. All employees entitled to military leave shall give. the appointing power an opportunity within the limits of military regulations to determine when such leave shall betaken. Section 35. Leave Of Absence'~'Vithout Pav A. The City Manager may'grant a regular orprobationary employee leave of absence without pay pursuant to Stateand.Federal.Law. Good cause being shown by a written request, the City Manager may extend such leave of absence. without pay or seniority or benefits for an additional period not`to exceed six (6) months. No such leave shall be granted except upon written request of'the employee setting forth the reason for the request, and the approval will be in writing. Upon expiration of-a regularly approved leave or within a reasonable-period of time afternotice to return to duty, the employee shall be reinstated in the position held of the tune leave was granted. Failure on the, part of an employee on leave to report promptly at its expiration, or within a reasonable time after notice to return to duty, shall be cause for'discharge. B. Employees, may reduce their work week upon approval of their Department Head and the City Manager under a Voluntary Leave Without Pay plan, not to exceed 20% of their annual work schedule: .Medical premiums will continue to be paid by the city and employee as; if working a fuli.schedule. Section 36. Jucv Leave Every classified employee of'the City who is called or required to serve as a trial juror shall be entitled to absent himself from his/her duties with the City during the period of such service or while necessarily being `present in. court as a result of such call. Under such circumstances, the employee shall be paid the difference between his/her full salary and any payment received by him, 9c~-a~g 18 ~~ 3 excepiaravel pay, for such duty. This compensation shall not. extend beyond twenty (20) working days. Section 37. ' Administrative;Leave Members of this Association are eligible for administYative leave: Days may be granted by the City Manager upon written regtiest; not to exceed ten (10) days"per Fiscal Yeaz. Battalion Chief shall be granted four (4) days Adrtiinisttative Leave at twenty-four (24) hours per day. q~-a-~-9 19 ~~-3. OTAER Section 38: $etirement A. General The City of Petaluma's retirement: plan under the Public Employee's Retirement System shall consist of the following items: Miscellaneous Employees: 2% @ 60 • 1959 Survivors Benefit,Level 1 (Sections 21380 through 23187) •One Year Final Compensation (Section 20024.2) •Military Service.Gredit as Public Service at employee option cost (Section 20930.3) •Credit for Unused Sick Leave (Section 20862'8) Public Safety Employees -Fire: 2% @ 50 • 1959 Survivors Benefit Leve13 (employee pays additional $2.00 over Level 1 cost, Section;21382.4) •One Year Final Compensation (Section 20024.2) •Post Survivors Retirement Allowance (Section 21263.1 and 21263.3) •Military Service Credit as Public Service. (Section 20930.3) •Credit for Unused;Sick Leave (Section 20862.8) Public Safety Employees -Police: 2% ~a 50 . • 1959 Survivors Benefit Level 4 (Section 21382.5) •One Year Final Compensation (Section2002d.2) •Military Service Credit as Public Service{Section 20930.3) •Credit for Unused Sick Leave (Section 20862.8) Section 39. Grievance Procedure A. Purpose of Rule To promote improved employer-employee relations by establishing grievance procedures on matters for which appeal or hearing is not provided by other regulations. 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. 9~-a~5 20 ~a--3 3. To provide that grievances shall be settled as near as possible to the point of origin. 9. To provide that appeals shall be conducted as informally as possible. B Matters Subject To Grievance Procedure. Any employee in the competitive service shall have the right to appeal under this rule, a decision affecting his/her employment over which his/her appointngpower has partial or complete jurisdiction and for which appeal is not provided'by other regulations or is;not prohibited. C. Informal Grievance Procedure. An employee who has a problem or complaint should first try to get it settled through, discussion with his/her immediate supervisor without undue delay. If, after this discussion, he/she does not believe the problem has been satisfactorily resolved, he/she shall have the right to discuss it with his/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 furtheraction withirrfive (5) calendar days after receipt of the decision or within a total of fifteen (IS) calendar days if no decision is rendered, will constitute a dropping of the appeal. D. Formal Grievance Procedure (Levels of review through chain of command) (1) First level of review. The appeal shall. be presented in writing to the employee's immediate supervisor, who shall render his/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/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/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/her supervisor, or within a total of fifteen (1'S) calendar days if no decision is rendered, will constitute a dropping:ofthe appeal. (2) Further level or levels of review as appropriate: The supervisor receiving the appeal shall review it, render his/her, decision and comments in writing, and return them to the employee within five (5) calendar days afierreceiving 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 fifteem (I'S) calendar days if no .decision is rendered, will constitute a dropping of the appeal. QUO ^o~-~f °( zr ~ ~.3 (3) ,Department .Review. The department head receiving the appeal of his/her designated reptesentative, should discuss the grievance with the employee, his/her repre§etifative; if any, and with other' appropriate persons. The department head shall render his/her decision and commenfs in writing, and'return them to the employee within five (5}.calendar days after receiving the appeal. If the employee does nob agree with the decision reached, or if no answer has been received within five (5) calendar days after receipt of the decision, or if within a total of fifteen (15) calendar days no decision is rendered, it will constitute a dropping of the appeal. (4) Citv Mana¢er. The City Manager receiving the appeal or his/her designated representative should discuss the grievance with the employee, his/her representative, if any, and with otherappropriate person(s). The City Manager may designate afact-finding committee, officer not in the normal line of supervisor, or 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. (5) Conduct of Grievance Procedure. (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/her own choosing in preparing and presenting his/her appeal at any level of review. (c) The employee and his/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. q~-a~9 zz ~\ ~ 3 ,. POSTSCRIET The parties affix their signatures as constituting mutual acceptance and recommendation of fhe' Ivlemorandum of Understanding to become effective July 1, 1995 upon acceptance and apptoval of the City Council. PETALUMA PUBLIC SAFETY MIDMANAGENIENT ASSOCIATION CITY a~ -a49. z~ ~~3 • .~ i POSTSCRIPT The parties affit their signatures as constituting mutual acceptance and recommendation of the Memorandum of Understanding to become effective July 1, 1995 upon acceptance and approval of the City Council. PETALIJMA PUBLIC/S,AFETY MIDMANAGEMENT ~~ ~ . ,~_ CITY ~-----~J ASSOCIATION s /9 9l~-a~+9 ,3 ~~ ~