HomeMy WebLinkAboutResolution 96-248 08/19/1996RESOLUTION NO. ss-z4s N.C.S.
of the City of Petaluma, California
RESOLUTION APPROVING SALARY AND SUPPLEMENTAL WAGE BENEFITS
FOR MANAGEMENT EMPLOYEES IN UNITS 8 and 9
WHEREAS, the employees in Units 8 & 9 and are not represented by any
recognized employee organization; and
WHEREAS, the City Manager, pursuant to Section 28, City of Petaluma. City
Charter, is required and empowered to make a recommendation to the City Council on
matters related to employee's compensation; and,
WHEREAS, the City Manager has reviewed the attached Exhibit "A" and
Exhibit "B" and recommends approval thereof;
NOW, THEREFORE, BE IT RESOLVED that the supplemental wage benefits
as specified in the attachments for employees in this Unit, being in the best interest of
the City, he approved and shall become effective August 19, 1996.
Undez the power and authority conferred upon n>;e Council by the Charter of said City
REFERENCE: I hereby certify the foregoing Resolution wes introduced and adopted by the Approved as to
Council of the City of Petaluma at a (Regular) X1t83aglateatXX$>~~) meeting form
on the ..1.9th .............. day of ...........AugiisY.._._..---.............._......., 19...9fi, by the [ ~~
following vote: _.~1`~f-.=--.~.°-.-.-.....
City Attorney
AYES: Maguire, Hamilton, Barlas, Read, Shea, Vice Nlayor Stompe, Mayor Hilligoss
NOES: None
ABSENT: No e _
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ATTEST : ........ ..:......... ..........:.......:............................................._ ...........::.....~~~-~`:.'... .,.;~~~5>
City Clerk Mayor G/
Cbwci! Fila...____._._........._
CA 1085 Res. Na .._96.-Z ~,II,,,.,.., NG.S.
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CITY OF PETALUMA
COMPENSATION PLAN FOR UNIT S
FISCAL YEAR1996 -1997
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TAB'L'E: OE CONTENTS
GENERAL
Section 1. Term of Agreement
COMPENSATION
Section -2: '.Salary
Section 3. Compensation For Clothing Loss
Section 4. Vacation, Payment Of
Section b. Sick Leave, Payment Of
Section 6: Deferred Compensation
Section 7. PERS''Employer Paid Contribution
Section 8. Work During Local Emergency
Section 9. Uniform Allowance
Section 10: Retiree:Benefit Payments
Section 11. Healtli/Dental Care Cash Back
INSURANCE
Section 12: Health Insurance
Section 13. Dental;Insurance
Section 14. Life Insurance
Section I5. Long-Term Disability
Section I6: Uision,Insurance
Section 17. Ofher Health and Welfare Paymetts
LEAVES
Section 18. Vacation
Section 19. Sick Leave
Section,20. Berea~~ement Leave
Section2l. Holidays
Section 22. Military Leave
Section23. Leave Of.Absence Without Pay
Section;24. Jury Leave
Section25. .Administrative Leave
OTHER
Section.26. Family Medical Leave Act
Section`27. Retirement.
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GENERAL
Section L TermofAgreement
This compensation plan shall be for a one;(1) year term for the Fiscal Year commencing July 1,
1996 through June 30, 1997.
COMPENSATION
Section 2. Salary
The City shall adopt the followingsalaryranges for each of the employees in the following
classifications during-the term of this compensation plan.
DEPARTMENT HEADS (UNIT 8)
Effective September 23, 1996
Assistant City Manager $6;218 $7,558
Director of Engineering - $6,188 $7,521
Director of Information Services $5,214 $6,338
Director of Parks & Recreation $5,219 $6,343
Director of Personnel $5;214 $6,338
Director of Public Works $6,218 $7,558
Finance Director $5,609 $6,817
Fire Chief $6,195 $7,530
Planriing Director $5,721 $6,954
Police Chief $6,639 $8,070
City Manager $9,029
City Clerk $3,904 $4,745
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Section:3. Compensation For GlothinQ Loss
The City Manager is,authorized to proviiie compensation,to City employees for loss or damage to
their clothing w}uch:occurs during the course of carrying.out an officral duty. A request for
compensation=hereunder shall:be'submitted in writing, m 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 4. 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 ofternination.
Section 5. Sick Leave; Payment Of
In the event of the death or retirement ofan employee who:has completed ten (10) or more yeazs
of continuous service with the City; the employee shall be paid or shall:recerve to his Benefit fifty
percent:(50%) of his accumulated but unused sick leave not;to exceed 480 hours. The~employee
may elect not>to receive this'benefit and instead place all.sick'leave hours into the PERS Sick
Leave Conversion.
Section.b. `Deferred Compensation
The City of Petaluma.shall make available to the members of this unit the City's Deferred
Compensation Plan.
Section 7. PERS Emplover'rPaid Contribution
The' perceritage of each employee's PERS contribution previously paid by the.City prior to the
adoption of this 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; tfie City shall defer that portion of the employee's contribution paid to PERS through
Sectiom414(h)(2) of the.Intemal Revenue Code pursuantao City of Petaluma Resolution 90-363.
Therefore,;for calculation of base salary at retirement,: the employee shall now-have an: increased
ba"se salary that will includeahe total.ainount of the employee's contnbugon to PERS previously
paid as EPMC. The employees contribution will be withheld from the employee's pay by the
Cny, and-the-Cty will>make the.employee's payment of the employee contnbuUOn directly to
PERS on behalf of the employee:. The employee may not,make;an electron to take this amount in
salary and/or to:make the paymentsto PERS. The t_ax exemption.does not apply to FICA social
security: The following is an example of the application of 1RC 414(h)(2) as applied to a
miscellaneous-.employee.
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An"employee:mal:es $1,000 per month base salary. Underfhe prior contract the employee was
not responsible for::paying 7% of.the required employee contribution. The City was responsible
for paying 7% (570.00); which was a City responsibility thabwas 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 6e $'1070. Ofthis 7% (approximately $75:00) will be paid o PERS from the $1070. The
full 7% will be tax exempt and this;means the employee will.pay taxes on $995.00.
Section 8. ~york DurinsLocal Emer~encv
Members of this Unit who aze required to work during a Council Declared Local Emergency shall
be paid at 1 X their hourly rate for all hours beyond their normal work day.
Section 9. Uniform,Allowance
The classifications of Police Chief and Fire Chief shall receive $300.00 per year as a Uniform
Allowance in December.
Section 10. Retiree Benefit Payments
RETIRED Employees
An employee with twenty (20) yeazs of service and who:is age;SQor older and who retires on a
service retirement during theaerm ofthis-agreement; will be eligible for $95.00 per month
begiiuung on the retirement:date. The payment will decrease-in the amount of $5.00 per yeaz to
$0.00 after 20'yeazs if the retired employee continues in the PEMCHA plan as a,retiree. Should
the retired employee not continue in he.PEMCHA plan, he/she will be eligible for the full
$ T00.00.-.It,is;the responsibility of the retiree to notify the City in writing that he/she is not being
covered by'the PEMCHA plan"and the Citywill commence payment of the $100.00 at the
beginning of the month following the receipt of written notice by the retiree.
Section 11. Health/Denfal Care Cash Back
An eligible employee mayrequest"cancellation of the employee's City paid medical and/or dental
insurance coverage under"Section 125 ofahe 1RS Tax Codes upon presentation to the City of
satisfactory proof that he/she has medical and/or dental insurance coverage from another source.
Such a request may be made during the open enrollment fonPEMCHA medical elections but will
'be, in all cases, subject to the terms and conditions and cancellation requirements of the particulaz
plan.
When.the employee has demonstrated such coverage to the City's satisfaction, the City will
request cancellation ofthe employee's medical and/or dental coverage; subject to the terms and
conditions of the particular;policy: Upon actual cancellation of the employees' medical coverage,
and commencing on tfie date of cancellation of such policy, the City will instead pay to the eligible
employee;., on a monthly basis;. an amount. equal to 50%0 bf 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 amounYwhich-would be paid
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by'the City'on,the employee's behalf under the-Health,Plan ofthe Redwoods plan, based on the
employee's coverage level (e.g. self; self plus spouse, self plus spouse plus children) at the time of
such,cancellation. However, if the actual monthly cost of the employee's curenY plan coverage is
-less than the monthly HPR cost, then the lower:figure~shall be used. In the event coverage is
cancelled only forahe employee's'spouse ordependent children, the reimbursement will be 50% of
the cost, difference between the old and;new levels 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 ofthe<self-funded dental costs.
Any employee cancelling coverage will be requued to meet all,rules and conditions of the
particular plan;:including,:but not limited to, all rulesand 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 is not guaranteed.
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Section 12. Health Insurance
ACTIVE Employees
Effective August 1, 1994 She City'sfiall initiate the Public Employees' Medical Health.Care.Act
(PEMCHA) for members of Unit--8..'The premium pald,byahe City toward this program shall be
in the.amount of $100.00 per month per employee.
Section 13. Dental Insurance
The City shall provide for a group Delta Dental Insurance I?i•ogram for City employee and
dependents in;this Unit. Additionally, the.City-shall contribute toward an Orthodonture plan
$1,000 per child atia 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 14. Life"Insurance
A. The CityshalT provide •for .a;group term life insurance program for City employees in#his
Unit. The City shall pay, during the course of the Compensation Plan, the insurance
ptemium;towards employee'only coverage for such'insurance;in the principle sum of
$25;000 peremployee.:
B. Management Life.Insurance shall be in the;amount of one_ and one-half{I-1/2) times their
annual salary rounded`to the nearest even dollar, i.e., $12;000, $13,000, etc. notfo exceed
$125,000.
Section 15. Long-Term Disability
The City`shall provide fora long-fetm disability plan. The premium to be pall forby the City.
Section T6. Vision Insurance
The,City shall provide a Vision Plamfor employees and dependents. The premium shall be paid
for bythe City.
Section 17. Other~Health and:Welfare.Pavments
The City shall proyde.tathe active members of UniL8 additional monthly health and welfare
_.
payments equal the'PEMCI IA Health Plan of the'Redwoods premium amounts less $100.00.
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LEAVE
Section 18. Vacation
A.1. Amounts
All regular employees ofthe,City of Petaluma, after working one full year aze 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 City of Petaluma, afterfiye (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 vacationperyeaz:
After ten (10) years of continuous service with the City, eight (8) hours of vacation shall
be added for each year of continuous service fo a maximum of two hundred (200) hours of
vacation.
A:2. Voluntary Leave Plan
.Accruals under the Voluntary Leave Plan shall be prorated to the work week equivalent
hours.
Section l9. .Sick Leave
A. General
Sick leave with pay shall be granted to all employees as set forth in this section. Sick
leave is not aright which an employee may use at his discretion, but rather, shall be used
only in cases ofpersonal illness, disability or the serious illness or injury of an employee's
family member which requires the empioyee'sattenfion. 'The term fammly member shall
include: spouse, children;; parents, spouse's pazents,. brothers, sisters or other individuals
whose relationship to the employee is that of a dependent or neaz dependent.
B.1. Accrual
Sick leave shall accrue to all full-time employees at the rate of eight (8) hours for each
month of continuous service. No employee shall accumulate more sick leave in any year
than provided.
A.2. Voluntacy Leave Plan
Accruals under the Voluntary Leave Plan shall be prorated to the work week equivalent
hours. •
C. Relationship To Workers"Compensation
Benefitsshall be payable in situations where=miscellaneous employee's absence is due to
industrial injury as provided'in California .State Workers' Compensation Law. During the
first three (3) work days when the employee's absence from
work:has been occasioned by injury suffered during his/her employment and he/she
receives Workers' Compensation, he/she shall receive full pay. Following this period, sick
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leave maybe a supplement toahe Workers' Compensation benefits provided the employee.
Compensation is at his/her regular ratesfo_r a;period-not to exceed six months, or until sick
leave is exhausted;,or=the disabdity'is abrogated; orthat employee iscertified "permanent
and stationary" by. a•competent medical authority: The City sfiall pay him/her the regular
'salary, based on the combination of the Workers' Compensation benefit plus sick leave.
All,pulilic safety employees receiving full salaries in lieu ofxemporary disability payments
pursuant to. Section 4850,bf the LaborCode 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 exhaustonof accumulated sick leave, at
which ttme all accrued but,unused sick leave, shall be abrogated, subject only to the
limitations provided under this Memorandum of Understanding.
D: Sick Leave Transfer Policy
An employee wishing to donate hours of sick leave;to another employee may do so by
sending a'written request, approved by his/her department head, to the Persbnnel Office
naming the individual to receive'the sick leave and the;amount donated, with the following
.restrictions:
1. Employees who wish to transfer sick leave must retain a minimum of one hundred-
sixty (160) hours of sick leave to be eligible to~fransfer sick leave.
2. Al] such transfers+`of sick leave are irrevocable:.
3. The employee receiving the sickleavetransfer must have zero (0) hours of accrued
sick leave,. vacation and CTA leave 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 uponseparation of service.
6. Sick Leave TranSfei shall be allowed between all Umts.
7. No.more tharrninety,(90) workdays of.Sick Leave maybe received by an
employee for any one illness or injury.
Section 20. Bereavement Leave
)n the event of the death of an employee's spouse, mother; step-
mothe~; motfier-in-law, father, stepLfather, father-in-law; brother, sister, child„including an
adopted child; grandchild`and grandparent, an employee:who attends the funeral shall be';granted
time off work with_gay. Thesamount of time.offwork with pay shall be onlyahat-which is
.required to attend.fhe funeral and make necessary funeral;ar~angements, but in no event shall it
'exceed three,(3) working days: These three (3) days shall not be chargeable to sick leave. An
additional'twos(2)!days required for necessary funeral+arrangements maybe charged to the
.employees' sick leave and any additional time beyond thesetwo days maybe charged to
accumulated;vacationor leave witho"ufpay. Such bereavement. leave shall not be accruable from
fiscal year to`fiscal year„nor shall it have any monetary value;if unused.
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Section,21. Holidays
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.
B. FLOATING HOLIDAY: During the FiscaCYear the City will authorize one (1) "Floating
Holiday" per employee; which may be taken.by the Employee at a time selected by the
Employee, subject to operational requirements'and approval determined by the City.
Employees hired'between July I, and December3l, vnll be eligible fora "Floating
Holiday" during the course of the,Fiscal Year.
C. VOLUNTARY LEAVE.PLANs Holidays taken during the Voluntary Leave Plan
shall be prorated to the work week equivalent hours under the voluntary leave plan.
Employees on a voluntary Leave for a fixed period will not be paid for any holidays falling
wttlmn the fixed leave penocl.
$ection~22. Military Leave
Military leaveshall be aranged 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 fo determine-when such leave shall be taken.
Sectioa23. Leave Of Absence WithoutPav
A. The City Manager may grant a regular or probationary employee leave of absence without
pay pursuant to the State and Federal Law. Good cause 6emg shown by a written request,
the City Manager may extend the leave of absence without pay or semonty 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 orwithin a teasonable period of time after notice to~return to duty, the employee
shall be reinstated in the position held at the time leave was;granted. Failure on the part of
an employee on leave to report promptly at its expiration, or within a reasonable time after
notice to return to duty, shall be cause for discharge.
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.full schedule.
Section 24. Jury Leave
Every classified employeeofthe City who is called or required
to serve as a trial juror shall be entitled to absent himself from his 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 differepce between his full salary and any
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payment'received by him, except travel pay, for such duty.. This compensation shall not extend
beyond~twenty (20) working days.
Section 25. - Administrative Leave
Members of this Unit aze eligible for administrativeaeave. Days may be granted by the City
Manager upon written request, not to exceed ten (10) days per Fiscal Year.
Section 26. Family Medical Leave Act
Pursuant to the Family and Medical.Leave Act o£ 1993, FMLA leave may be granted to an
.employee who has been employed for atleast.twelve (L2) mdnths by the City and who has
provided at least 1,250 hours•of service during the twelve (12) months before theleave is
requested. Thee leave maybe granted up to a total of twelve (12) weeks during the fiscal year for
the following:-reasons:
A. Because of thebiith of a child or placement for adoption or foster care of a child:
B. In.order to care for the spouse, son, daughter, .parent; or one who stood in place of
a parent of the employee, if such spouse, son, daughter, pazent, or "in loco
pazentis" has a serious health condition;
C. Because of a serious health condition that makes the employee unable to perform
his employment functions.
The employee must provide-the employer with thirty (30) days advance notice of the leave, or .
such notice.as is practicable; if thirty (30 days notice is not possible. The employee must provide
the employer with certification of the condition from a health care provider. The employee, at
employer expense, may require asecond opinion on the validity of the certification. Should a
conflict arise between healthproviders, athird and binding opinion, at employer expense will be
sought.
An employee seeking FMLA lease must first use paid. sick°time (if:applicable) and vacation before
going on,unpaid leave. The`total amount of family leave paid and unpaid will not exceed aaotal of
twelve,(,12) weeks. In any case in.which a husband and wife entitled to family leave are:both
employed by'the employer, the aggregate number oflworkweeks of leave to winch both may be
entitled may be lumted to twelve (12) weeks during any Fiscal Year if such leave is taken because
of the birth of a child or placement for adoption or foster cazeof a child. The erriployee will be
responsible forhis share.of the health insurance cost during the.leave. If the employee does not
returnfrom the lease, he is responsible for the total insueance premium paid by the employer.
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OTHER
Section 27:. Retirement
The City ofPetaluma's retirement plan under the Public Employees' Retirement System shall
consist. of the following items:
Options: Miscellaneous
2% @ 60
1959 Survivors Benefir,(Level 1).
One Yeaz Final Compensation.
Unused.Sick Leave Credit:
Military Service Credit,as Public Service.
Options: Fire
2% @ 50
1959 Survivors Benefir(Level 3) Section 21382:4), effective upon contract amendment.
One Yeaz Final Compensation.
Unused Sick Leave Credit.
Military Service Credit as Putilic Service (Sectiona20930°3), effective upon contract
amendment.
Post Retirement. Survivors.Allowance (Sections 21263, 21263.1 and 21263.3.
Options`. Police
2% @ 50
1959 Survivors-Benefip (Per Unit 6).
One Year Final Compensation.
Unused Sick Leave Credit.
CITY OF PETALUMA
COMPENSATION PLAN FOR UNIT 9 - (MID-MANAGEMENT)
FY 1996 - 1997
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'TABLE OF CONTENTS'
GENERAL
Section 1:
Term
COMPENSATION
Section. 2.
Section 3.
Section 4.
Section 5:
Section 6:
Section 7.
Section 8.
Section 9.
Section 10.
Salary
Compensation ForCloffiing Loss
Vacation, 'Payment`Of
Sick Leave, Payment Of
Deferred Comp"ensation
PERS' Employer Paid Contribution
Work During A Local Emergency
Retiree Benefit Payments
Health/Dental Care Cash Back
INSURANCE
Section 11.
Section 12.
Section 13.
Section 14.
Section.l5.
Section 16.
Health Insurance
Dental Insurance
Life Insurance
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Long-Term'Disability
Vision Insarance
Other Health and Welfare Payments
LEAVES
Section 17.
Section 18.
Section 19.
Section;20.
Section,21.
Section;22.
Section•23.
Section 24.
Section25.
Vacation
Sick Leave
Bereavement Leave
Holidays
Military C:eave
Leave Of Absences Without Pay
Jury ,Leave
Administrative Leave
Family Medical Leave
OTHER
Section26.
Section 27.
Retirement
Grievance Procedure
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C;FWRRAL.
.Section 1. Term
This cpmpensationplan shall he for atone (])`year teim foi•-the fiscal year commencing July 1,
1996 through June 3Q 1997.
COMPENSATION
Section 2. Salary
The Gity shall adopt the following salary ranges for each of"the employees in the following
classifications;effective September 23, 1996.
Accqunting Office Supervisor $3,174 $3,333 $3,499 $3,674 $3,858
Chief Building Ofticial $4,611 $4;841 $5,083 $5,337 $5,604
Controller $4,282 $4,496 $4,720 $4,956 $5,204
Housing Administrator $4,489 $4,713 $4,949 $5,196 $3,456
Information Systems Administrator $4,600 $4,830 $5,072 $5,325 $5,591
Legal Secretary $3,111 $3,267 $3,430 $3,602 $3,782
Parks & Building Maintenance Supt $4,134 $4;340 $4,557 $4,785 $5,025
Principal Planner $4,489 $4,713 $4,949 $5,196 $5,456
Public Works Superintendent $4,760 $4,998 $5,248 $5,510 $5,786
Public Works Supervisor $3;732 $3,918 $4,1.14 $4,320 $4,536
Recreation Supervisor $3,2J5 $3;376 $3,545 $3,722 $3,908
Secretary to City Manager $3,111 $3;267 $3,430 $3,602 $3,782
Senior Planner $4,039 $4,241 $4,453 $4,676 $4,910
Supervising Civil Engineer $3,068 $5.;321 $5,587 $5,867 $6,160
Traffic Engineer $5,068 $5,321 "$5,587 $5,867 $6,160
Utility Engineer $5,068 $5,321 $5,587 $5,867 $6,160
Water System Supervisor $3,725 $3,912 $4,107 $4;313 $4,528
Section•3. Compensation For Clothing Loss
The City Manager is authorized to'provide compensation to City employees for loss or damage to
their clothing which gccurs during`,the course of carrying but an official duty. A request fur
compensation hereunder shall be submitted in writing, in detail, tq the City Manager via_the
department head concerned. The amount of compensation, if any, shall beat the discretion of the
City Manager.
Section 4: Vacation, Payment At Termination
Employees who terminate employment shall be paid in a lump sum for all accrued vacation leave
earned prior to the effectivei date of termination.
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Section 5`. Sick Leave, Payment Of
In the. event ~f the death or-.retiremenC.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 buhunused sick leave not to exceed 480 hours.
The employee may elect not to receive this benefit and instead place all sick leave hours into the
PERS' Sick Leave Conversion.
Section 6. Deferred Compensation
The City of Petaluma shall make•availa6le to the-members of this unit, the City's Deferred
Compensation Plan.
Section 7. PERS Employer Paid Contribution
The perceritage of each employee' PERS contribution, previously paid by the City prior to the
adoption of this Cgmpensat_lon Plan as the Employer Payment,of'Member Contribution (EPMC)
shall instead be paid.to the employee who shall then pay that amount to PERS. Forpurposes of
withholding, the City shall defer thaYportion of the employee's' contribution paid to.PERS through
Section 414(h)(2) of-the Internal Revenue Code pursuaneto 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 thetotal 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 nrake;the employee's payment of the employee contribution,drrectly to
PERS on behalf of the employee:.. The employee may not make:an election to take this amount m
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 theprior contractthe employee was
not responsrble for paying 7% of the required 7% employee contribution. The City was
responsiiile for paying 7% ($70.00); which was a City responsibility that was in addition to the
$1,000 base: salary.
Under th@ 4;14(h)(2) method, the EPMC will revert to salary and the employee's base salary will
now be $1,070. Of ibis 7% (approximately $75.00 will be paid to PERS from the'$1,070. The
fu117% will be tax exempt and this means the employee will pay taxes on $995.00.
Section 8. Work Durin~,A Local Emergency
Members of this Unit who are required to work during a Council Declared Local Emergency shall
be paid at 1 X their hourly rate for all hours beyond their normal work day.
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Sectioii'9_ Retiree Benefit;Payment
RETIRED Employees
An employee with twenty (20) years of service and who is age 50. or older and who retires on a
service i-ehrement durng the:;term,of~ths agreement, will,beseligible for $95.00 per month
beginning on-the retirement°date. The paymeni'will decrease in the amount of $5::00 per year to
$0''00 after twenty (20) Years. if the retired.employee continues in the PEMCHA plan as.a retiree.
Should the-:retired employee not continue in the EEMGHA plan, he/she will 6e. eligible for the full
$100..00.. It is -the responsibility of the retiree to notify the City in writing that he/she is not being
covered by the,PEMCHAplan.and the City will commence payment ofthe $100.00 at-the
beginning of the'month following~the, receipt of .written notice by the refiree.
Section 10. Health/Dental Dare Cash Back
An.eligible employee may requestcancellation of-the empl'oyee's City paid :medical and/or dental
insurance coverage: under Section 123rof'the IRS Tax Codes upon„presentation to the. City of
satisfactory proof that helshe'has;medical add/or dentahinsurance•coverage from another source.
Such a request may be.made during the open enrollment for PEMCHA medical elections but will
be, m all. cases-subject to the Perms and conditions and cancellation requirements of the particular
plan.
When theemployee has demonstrated such coverage to the.City's satisfaction, the City will
regnest'cancellation of°the employee's medical and/or dental coverage, subject to the ,terms and
conditions:of.the particular policy. Upon actual cancellation ofahe employee's medical coverage;
and,commencing on the date of cancellation of such policy,,, the City wi1L instead pay to the
eligible employee; on a.monthly'basis; an amount equal to 50% of the "equivalent monthly cost",
as,definefl,fierein, of insurance coverage of said employee. I,n determining the "equivalent
monthly cost" of "such coverage, the City shall calculate the, monthly, premmm. amount which
would be. paid 6y the City on the employee's behalf under'ttie Health Elan of the Redwoods plan,
based on theemployee's coverrage level (e.g. self, self plys spouse, self 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' han'ttie monthly HPR cost, then the lower figure shall be used. In the event
coverage ircancelled:only for°"the employee's spouse or dependent children, the reimbursement
will be 50%' of the cost difference between the old and new levels 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 ffie-self-funded'~dental costs.
Any`employee cancelling coverage .will be required to meet all rules and conditions of the
particular plan, including, but`not hm~ted to, all rules and conditions governing administration,
cancellation, and:re-enrollment eligibility by requesting a cash payment pursuant to this section,:
such emploYeeunderstands.and agrees as a condition,of receipt of this payment, that re-enrollment
eligibility'into any-plan is not guaranteed.
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INSURANCE
Section l 1. Health:Insurance
ACTIVE'Employees
The City shall participate in the Public Employees' Medical Health Care Act,(PEMCHA) for
members of IJnrt 9. The premium paid by-the City toward this program shall be in the amount of
$100.00 per month peremployee.
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 decrease in the amount of $5.00 per year to
$0.00 after 20 years if the retired employee continues 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 of the retiree to notrfythe Cityin writing that he/she is not being
covered by the PEMCHA plan and the City will cominence_gayment of the $100.00 at the
beginning of the month following the receipt of written notice by the retiree.
Section 12. Dental Insurance
The City shall provide for a group Delta Dental Insurance Program for City employee and
dependents' in this Unit. Additionally, the City shall contribute toward an Orthodonture plan
$1,000 per child ata 50% co-payment rate. The City shall pay, during the period of-this
Compensation Plan the full pretruum toward the City group dental insurance coverage program.
Section 13. Life Insurance
A. The City shall. provide'for. agroup term life insurance program for City employees in this
Unit. The City,shall pay, during the course of the Compensation Plan,_the:msurance
premium towards employee-only coverage for such insurance in the principle sum of
$23,000 per employee.
B. Management Life: Insurance shall be in the amount; of-one and one-half (1-1/2) times their
annual salary rounded to the nearest even dollar, i.e., $12,000, $13,000, etc. not to exceed
$125,000.
Section 14. Long-Term Disability
The City shall provide along-term disability plan, premium to 6e paid by the City.
Section 15. Vision Insurance.
The City shall provide a Vision Plan for employees and dependents. The premium shall be paid
for by the City.
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Section 16. Other Health and`Welfare;'P,ayments:
The Gity shall' provide to tfie active,members.of Unit,9 additional monthly health and welfare
paymentsiequal the PEMCH?. Health Plan,of'the Redwoods premium amounts less $100.00.
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SSection 17.. Vacation
LEAVE
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 City of Petaluma, after five (5) years of continuous service
with the City, and beginning with the sixth year, shall be entttled to the equivalent of one
hundred twenty (120) hours' of vacation per year.
After ten (10) years of continuous service with the City, eight (8) hours of vacation shall
be added for each year of continuous service to a maximum of two hundred (200) hours
of vacation.
A.2 Voluntary Leave Plan.
Accruals under the Voluntary Leave Plan shall be prorated to the work week equivalent
hours.
B. .Scheduling. 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 wishes of the
employee and particular regard for the needs of the service. If the requirements of the
service are such that an employee cannoEtake part orall of his/her annual vacation in a
particular calendar year; such vacation shall be taken during the following calendar year.
C. Deferral. In the event one or more municipal holidays fall within an annual vacation
leave, such holidays:-shall,not.be charged as vacation leave and vacation leave shall be
extended accordingly.
Section 18. Sick Leave
A. General. Sick leave with.payshall be grantedto all probationary and regular'employees
within'the competitive service. Sick"-leave shall not be-considered a right which an
employee may use at his/heF discretion, but shall be allowed only in the case of necessity
and actual pei•sonal..nop-service-cohnected•sickness or off-the-job m~ury, 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.1 AccruaL Sick leave shall accrue to all full-time,employees at the rate of eight hours for
each,month.of continuous service. No employee shall accumulate more sick leave in any
year than-provided
B.2 Voluntary Leave Plah
Accruals under the Voluntary Leave Plan shall be prorated to the work week equivalent
hours.
C. Nofification Procedures, In order to receive compensation while absent on sick leave, the
employee shall notify' his/her immediate superionor:the Personnel Office prior to or within
four hours after the time set for beginning his/her daily duties as may be specified by the
head of his/her department. When absence is for more than three days/sh~fu duration, the
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employee may be required to file a physician's certificate with the Personnel Office stating
the'i;ause of the absence.
D. Relationship To Workers' Compensation: Benefits-shall be payable in situations where
miscellaneo6s employee absence' is due to industrial injury as provided in California State
Workers' Compensation Law. During the first three (3) workdays when the employee's
absence,has been occasioned by injury suffered during his/her employment and he/she
receives Workers' Compensation, he/she'shall,receiye, full pay. Following ais period sick
leave may be a supplement to the Workers' Compensation benefit provided the employee.
Compensation is at'hts/her regular rate.for a period not'to exceed six months or until such
sick leave is exhausted, or the :disability isabrogated, of that employee is certified
"permanent and stationary" by a competent medical authority. The City shall pay him/her
the regular salary, based on the combmation 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.
Thee City may retire any employee, prior to the:exhaustion of accumulated sick leave, at
which;time all accrued buiunused sick leave shall be abrogated, subject only to the
limitations provided under this Memorandum of Understanding.
E. Sick'Leave Transfer Policy. Employees wishing to donate hours of sick leave to another
employee nay do so liy 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
sick7eave to be eli'gihle to transfer sick leave.
2. A1I such transfers of sick leave are irrevocable.
The employee~receiving~the sick leave transfer must have zero (0) hours of accrued
sick leave,'vacation and 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 shall only be allowed between all Units.
No more`than ninety (90) workdays of Sick Leave may be received by an employee
for any one illness or injury.
Section 19. '-BereavementLeave
A.1. In the event of the death of an employee'"s;spouse, mother, step-mother, mother-in-law,
father, step-father, father-in-law, brother; sister; child, including an adopted child,
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grandchild;and,grandparent,:an employee who attends the funeral shall be granted timeoff
work'with pay. The,amounrof time off work;with pay shall-be only that which is required
to attend.the funeral and make necessary funeraharrangements, but;in no event shall ih
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' airangements may be charged to
the+employee`s sick leave and:"any additional timesbeyond these two days may be charged
to accnmulateil vacation or eave withouYpay. Such bereavement leave shall not be
accruable from fiscal year to.fscal year,. nor shall it:have:any monetary value if unused.
A.2. Voluntary;Leave Elan
Accruals under the`Volpntary Leave Plan shall be prorated to the work week equivalent
hours.
Section,20. Holidays
A. Fixed Holidays.. The City shall observe eleven (1-1) fixed-date holidays. These holidays
shall be established for'the City's fiscal year as determined by City Council resolution.
B. Floating Holiday. During ;the period of this Compensation Plan, City will authorize one
(1) ".Floating. Holiday" per employee, which may be taken.by the employee at>a;time
selecfed by the employee, subject to operational requirementsrand approval determined by
the: City.:Employees hiredbetweep,July i and:Deeember 33, will 6e 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 fo the work week
equivalent hours.
Employees on a Voluntary(Leave for a fixed period will not be paid for any holidays
fallipg within the fixed~leave,period.
Section 21. Military Leave
Military`leave~shall.be:arranged in;accordance with the provisions~of State Law. All employees
e_gtitled to. military leave shall ;give the: appointing; power an opportunity within'the limits of
military; regulations to determine•when such leave shall be taken.
Section 22., :Leave,.Of:Absence, Withoat Pay.
A. The'City Manager'may grant a regular orprobatiogary employee eaye of absence without
pay pursuant fo State and Federal-Law. 'Good cause bemgshown by a written request, the
City Manager may extend such>leave of absence, without pay or seniority or benefits for an
additional period'notto 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.wnung. Upon expu•auon of a regularly, approved leave or within a reasonable
period~of,time after ,notice fo return to duty,; the employee shall be reinstated in the: position
held:af e time leave was granted. Failure on-the part of an employee on leave to report
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promptly at its expiration, or within a reasonable time afrer notice to return to duty, shall
tie'cause`fo>, discharge.
B: Employees may reduce their work week upon approvaL:of-their Department Head and the
City Manager undera Voluntary Leave Without Pay plan, not to exceed 20% of their
annual. work schedule. Medical .premiums wily continue to be paid by the city and
employee as if working a full schedule.
Section 23. Jury Leave
Every classified employee of the City who i$ 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 ofsuch service or
while necessarily being presentin court as a result.of such call. Under such cucumstances, the
employee shall be paid the difference between his/her fullaalary and any payment received by
him, excepitravel pay, forsuch duty: This compensation shall not extend beyond twenty (20)
working days.
Section 24. Administrative Leave.
Members of this Unit are eligible foradministrative leave. Days may be granted by the City
Managernpon written request, not to exceed ten (10) days per Fiscal Year. hours per day.
Section 25. Family Medical Leave Act
Pursuant to the Family and Medical; Leave Act. of 1993, FMLA leave may be granted to an
employee who has been employed;for at least twelve (12) months by the City and who has
provided at least 1,250. hours of service during the twelve (12) months before the leave is
requested. The leave may be granted up to a total of twelve {12) weeks during the fiscal year for
the following reasons:
A. Because of the birth of a child or placement for adoption or foster care of a child;
B: In order to care for the spouse, son, daughter, pazent,
or. one who stood in,place of a pazentof the employee, if such spouse, son,
daughter, parent or "in loco pazentis" has a serious health condition;
C. Because of a serious. health condition that makes the employee unable. to perform
his employment functions.
The employee must pt•ovide the employer with thirty (30 days advance notice of the leave, or such
notice as is practicable; if'thirty (30)' days notice as not,possible. The employee must provide the
employer with certification of the condition from a health care provider. The employer, at
employer expense,. may require a second opinion on,the validity of the certification. Should a
conflict arise between health providers, a thud and binding opinion, at employer expense will be
sought.
An employee, seeking FMLA leave must first use paid sick time (if applicable) and vacation. before
going on unpaid leave: The total amount of family leave paid.and unpaid will not exceed a total
of twelve (12) weeks. In"any case in 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
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en[~tled may be limited to twelve (12) weeks during anyFiscal Year if such leave is taken because
of the butt of,a child or placement for adoption or~foster care of a child.. The employee will be
responsible: for his/her. sfiare of the health insurance cost during the leave. If the employee does
not return ;from the eave, he is responsible for'the total. insurance premium paid by the employer.
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OTHER
Secd'on 26. `Retirement
A. Genera[
The City of _Petaluma's retirement plan under the Public Employee's Retirement System shall
consist of the following items:
Miscellaneous Employees: 2% ~ 60
Option: 1959 Survivors Benefit (Level I),
One Year Final Compensation.
Military Service Credit-as Pablic Service.
Unused Sick Leave credit.
Section 27. 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:
2. To afford employees individually ort}irough qualified employee organization a
systematic means of obtaining further consideration of problems after every
reasonable effort has failed to resolve them through discussions.
To provide that grievances shall be settled as near as possible to the point of'origin.
4. 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 appointing`power 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.fust
try to get. it settled through discussion with }us/her immediate supervisor without undue
delay. If, after thisdiscussion,;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 aYthe 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 takefurthei• action withifi five (5) calendar days after receipt of
the decision or within a total of fifteen (13) calendar days ~f no decision is rendered, will
constitute a dropping of the appeal.
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D.
Formal Grievance Procedure
(Levels of review through chain of command)
(1) .First level of review: The `appealshall be presented in writing to the employee's
' p render his/her decision and comments in writing and
immediate su ervisor, who shall
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 supenor. Failure of the employee to take further action
within five (5) calendar days afrer receipt. of the
written decision of~his/her supervisor, or'within a.total of fifteen (IS) calendar days if no
decision is rendered, will constitute a dropping,of the appeal.
(2) Further level or levels of. review as appropriate. The supervisor receiving the
appeal shall feview it, lender 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 the decision;, or if no answer hasbeen recewed 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 trve (5) calendar days after receipt of the decision
or within a total of:fifteen (l5) calendar days if no decision is rendered, will constitute a
dropping of the appeal.
(3) Department Review. The department head receiving the appeal of his/her
designated' representative, should discuss the grievance with the employee, his/her
representative, if`any, and with otherappropnate persons. The department head shall
render his/her decision.and commenu m wnUng, and,retum them to the employee within
five (5) calendar daysafter receiving the appeal.; If the employee does not agree with the
decision reached; or ifl no answer has. been received; within. five (5) calendar days after
receipt of the decision,; or if within a total of fifteen (15j calendar days no decision is
rendered, it will cdiistitufe a.di•opping.of-the appeal.
(4) City ManaAet•.. The City Manager receivi'.
representativeshonld disciiss'sthe grievance with t
any, and with other,appropriate person(s). The C
committee, officer not in the normal line of super
concerning;the appeal., The City Manager shall r
employee within twenty (20) calendar days. after
the appeal or his/her designated
employee, his/her representative, if
c Manager may designate afact-fmding
.or, or Personnel Board to advise him
ier a decision in writing to the
:eiving the appeal.
(3) 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/herown
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.
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(d) Employees shall be assured-freedom from reprisal for-using the grievance
:procedures.
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