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HomeMy WebLinkAboutAgenda Bill 3.F 11/15/2004a CITY OF PETALUMA CALIF FM pa^ - � 1 P lo ve �, .. AG I Agenda Title RESOLUTION AMENDING RESOLUTION NO. Meeting Date: 2002 =186A COMPENSATION PLAN FOR EMPLOYEES IN November 15, 2004 UNIT 4 (PROFESSIONAL) Meeting Time ® 3:00 PM ❑ 7 :00 PM Category (check one) Z Consent Calendar ❑ Public Dearing ❑ New Business ❑ Unfinished Business ❑ Presentation Department Director Contact Person Phone Number City Manager Michael A. Bierman 778 -4347 Cost of Proposal $41,271. Account Number Salary and Benefit Accounts Amount Budgeted Name of Fund Affects the General Fund, Enterprise Funds, Internal Service Funds and . Special Revenue/PCDC funds Attachments to Agenda Packet. Item 1. Resolution Amending Resolution No. 2002 -186A Compensation Plan for Employees in Unit 4 (Professional) 2. Attachment A - Unit 4 (Professional) Amended Compensation Plan For Fiscal Year 2004 -2005 Summary Statement The Compensation Plan for Unit 4 Professional,reflects the salary and benefit adjustments recommend by the City Manager (see Attachment A). Recommended City Council Action /Suggested Motion Approval of the Resolution Reviewed by Finance Director : Reviewed by City. Attorney Date: A rove City Manager: Date: Date: Today's Date Revision # and Date Revised: File Code: 0 CITY OF PETALUMA, CALIFORNIA NOVEMBER 1`5, 2004 AGENDA ]REPORT FOR RESOLUTION AMENDING RESOLUTION NO. 2002 -186A. COMPENSATION PLAN FOR EMPLOYEES IN UNIT 4 (PROFESSIONAL) EXECUTIVE SUMMARY The Compensation Plan for Unit 4 Professional reflect the salary and benefit adjustments recommend by the City Manager (see Attachment A) 2. BACKGROUND Employees in Unit 4 are not represented by a recognized employee organization. The City Manager recommends the same salary and benefit adjustments be extended to the Professional Unit as was provided to the AFSCME Units. 3. ALTERNATIVES Not adopt resolution and employees would receive no salary or benefit adjustment for the period July 1, 2004 through June 30, 2005. 4. )F+'INANCIAL IMPACTS . *1 The total cost to the City has been estimated to be $41,271. CONCLUSION Adoption of this Amended Compensation Plan will provide equity amongst employee bargaining units. 6. OUTCOMES OR PERFORMANCE MEASUREMENTS THAT WILL IDENTIFY SUCCESS OR COMPLETION: Implementation of the contract provisions. RECOMMENDATION Approval of the Resolution and authorization for the City Manager to amend the Compensation Plan with the changes described in the attached document. RESOLUTION AMENDING RESOLUTION NO. 2002-186A N.C.S. COMPENSATION PLAN FOR EMPLOYEES IN UNIT 4 (PROFESSIONAL) WHEREAS, the employees in Unit 4 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 employees' compensation; and, WHEREAS, the City Manager has recommended that salary and benefit adjustments for the employees in Unit 4 (Professional) Compensation Plan be amended, NOW, T HEREFORE, B E I T RESOLVED that the amended salary and benefits as specified in the attachment A for employees in this Unit, be approved and shall be effective July 1, 2004 through June 30, 2005, with salary adjustments effective July 5, 2004. • TERM OF AGREEMENT This Compensation Plan shall be effective for one (1) year tern, fiscal year commencing July 1, 2004 and ending. June 30, 2005 with salary adjustment effective July 5, 2004. SALARY The City agrees to a n wage increase ;of three percent (3% retroactive to the first pay period of fiscal year 2004-n2065_ ay be on July 5, 2004) DISCRIMINATION, HARASSMENT & RETALIATION PROHIBITED The City inserts the following revised language to update the policy.statement. Discrimination, harassment' and retaliation against. any .employee because of an employee's race, religion, creed, political, affiliation, color, national ongin, ancestry sex sexual orientation, gender (or gender identity",), age,,:farnilial status,' veteran's,status,:physical' or mental disability or medical condition is prohibited. A City employee who feels; he,or she has been discriminated against, harassed, or retaliated ugainst needs to report the conduct immediately to his or her supervisor or to the Human.Resources Director. h REASONABLE ACCOMMODATION The City inserts the following revised language ,to update ,the policy statement. In accordance with th p ym Act (FE H1A) and they Americans the Ca ifornia. Fair Em to ent and House ty ( ), y y ccorrinodate any known protected with Dsabili , Act- ADA e. City will. reasoriabl a disability of an employee: CaIPERS RETIREMENT CONTRIBUTION The City, inserts the following language to update the COPERS Retirement Contribution language.. i For the purpose, of withholding, the .City shall defer the portion of the etnployee''s contribution paid to CalPERS through Section 414(h)(2) of the.,lnternal•Revenue Code. MEDICAL/DENTAL INSURANCE The City agrees to-confinue'to fund the'hedlth care benefit up to a maximum of $ 896.09 per .month, through December 31, 2004. On January 1,'20;0-5, the City will provide a maximum; health care benefit of $4,024.19 per month The City shall provide the following; amounts to active members of this Unit a maximum monthly insurance contribution for medical and dental coverage. Those employees . eligible for: E -- 10 ee + 2+ MP y 896.0-9,,p .. , er month Employee + 1 $'712.84 permonth Employee $ 407.42 per month Effective January 1, 2005'the City shall provide. the following amounts: Employee + 2+ 3-.1,024.1,9 per month Employee + 1 &S.1-1.58-pet month Employee $ 456.69 per month The Citypartidipates,in the Califorftfa. Employees Medical Health Care Act (PEMHCA), for members-of this" Unit. They City contributes - in the amount of $100. F 00 per month per employee. This'51 00.00 contfibution.-is, incla-ded'in the, insurance contributions above. MEDICALMENTAL CASH BACK ,Amounts adjusted to reflect the new modital,"insufarice rates. Coverage Level Medical Premium Amount 50 Back Amount Employee — 40ye:e 5305.42 $15 Im? ,2 E 'loyee + $6f.0.84 S Employee +.2 or more dependents $794.09 $397.05 Effective January -1, 2005"the following ,are the rates used to determine medical cash back: Coverage Level Medical Premium Amount 50 Back Amount 77 Employee $3 $177.35 Employee + dependent- $709.38. $354-69 Employee 2 or. more - dependents , $ 922.19 $461:10 • 2 BILINGUAL PAY The .City inserts the following .,language 'to revise bilingual pay. A .gu employee, " wlio; deinoristrates Spanish bilingual: proficiency at an .acceptable proficiency level as - determined by. °,the,`Human Resources Director, shall be el'ig'ible for Spanish "Bilingual Pay in the amount 'of $200 0:0'. per month.,. To qualify; .an •employee must be tested and certified as proficient at an acceptab'l'e' proficiency level as determined and certified by the Human Resources Director" and in accordance with the City's Administrative Policy on Bilingual Proficiency Testing: WORK BOOTS The City revises the.reirribursement- 'language `to provide -for work boot: replacement. The City y _ wo rk hoots up to $ L50.90',per,f seal year. Replacement of work ty shall` a the cost of all. boots. shall be on an as -needed , basis with approval of the Department Receipts for work boot reimbursement;shalf be� submitted to the Human, Resources office for processing.- TRANSFER SICK'LEAVE ty, agrees clarify d C of the sick leave `transfer polic y. The Ci a ees to clari sections B an A. Transfer amounts; may shall be`lrnited,t'o the number of actualhours, needed .and used by the recipient. B . Any donated sick _leave Hours unused' by a recipient shall be returned to the donor. BEREAVEMENT LEAVE The City agrees to increase.b'ereavemeni leave: ' p For the, pu hours . pf e eavement leave' in the event, of death. in ,the em An ern lo - ee; shall be ranted u to thirty-two ( ) lo. ee s 'immediate 'fam p ,Y p y � y re. leave , immediate. ' Y . spouse, '- p r, father m- law in -law sister sistestic artner fat(' Este c � mother; er,� mother m- er, m -law child ( family shall means ouse,, qualified domest g � p 'hildren), stepparents,. law, brother, brother. , , grandparents and grandcMar- en'or..person with whom. the employee. has a relationship in,, loco parentis: Up to an additional eight (8) hours of accrued' sick leave-may'be granted to supplement bereavement, leave.' p Y hou sof';berea eh 0 me t le L elshall be ranted ` ns mem orial tead- of he u In the event an em to ee ,must t v service;. an. addtional,eight (8) g of eight (8) hours of sick leave., FAMILY MEDICAL LEAVE ACT The City inserts the following revised language update'the; policy statement: The City will provide fami a -1yandinedical c are leave. for eligible. empjqyees as required by City policy, "state and federal law and as�spocifically provided in the Federal Family and Medical Leave Act of 1;993 (FMLA ) and the California Family Rights ,Act , of 1993 (CRIM If possible, ernployees.,niust provide, thirty (30) 'days advance. notice of leave. PREGN-ANCY'DISABILITY The City inserts " the fallowing revised language to update the policy statement. The City will provide pregnancy disability leave for eligible employees oyees as required -by City p olicy olic arid state_'law and as specifically provided in the Fair Employment :and Act and the, California . Rights .Act of 1993. If possible employees must ,provide thirty (30) days advance notice ofleave., PERSONNEL, FILES - The City agrees to revise the language regarding employee review of Personnel Files Personnel Fil tmpl Review An emptoyee (or.empldyee. representative with written' authorization from the employee) shall p ­1 Q J _ .__ have the -'rightt& inspect and review his br employee personnel file. The, employee's pqrsonnel s'hd11 bb. made available to the employee forinsbection and xeyjqw, at a agreeable time between. the Human .Resource: office staff member.: Personnel, File — Review of Adverse Entry In No employee shall have any comment adverse to the em 'interest entered 'n the -nip oyee s i1i I em personnel file which may - be used for action' the ' having first read and 'signed, or initialed the document containing the adverse; comment. Except that entry; may be made if after reading he comment the employee refuses to sign the. ti 9 m document. Should an employee .refuse to , sign or initial the document that fact -shall be noted on the document,and sighed.orinifidled bythe The e1T!PloyeeJftdy write a response to the document containing the adverse, comments for placementin the personnel. file. 'COMPENSATION FOR CLOTHING' The City-revised language and berieff Reimbursement — of Damaged Clothing .City employees may request' 'reimbursement for the loss Or damage of his or her clothing that results. from work, I .uctivities.Requests, for reimbursement shall' be submitted to the Department biredtor for t6vieW and. approval-, Amounts of reimbursement are at the discretion -of the Department Director. 4 J 1 TABLE` OF, CONTENTS I • Section I Term of Plan. Sebiion:72 Non-Discnhiinati n Section, 3 W Reasonable, Accommodation',"', , COMPENSATION Section 4 Salary Se ' ction 5 CaIP,)�RS Section 414 ( '2 h), I Section 6 Overtime Section 7 -Stand By Pay Section 8 Out of 1 Class"I f Work 'Section 9 PA�,ment','For Leaves. Section 10 Compensation For Clothing - S Sect-ion 11 Biling ,Pay��S p Section 12 Vacation, Payment At Termination, Section 13 Sick -LeaV,6,, Payment , Of Section 14 Deferred ; Compensation Section 1 F k Benefit Payment INSURANCE' Section 16 Insurance Section 11 Yision1iisurance Section 18 Life Insurance Section 19 Disability'Insurance Section 20 M&dl'cal/ Cash back LEAVE Section 21 Section 22 Section 1 23 Section 24 Section: 25 &eqtipn,2'6 S e-c1ion, 2 Sedtfon,29 Section' v3 29 Section * 0 Soction,31, Vacation Sick Leave Bere , avem,entl1eave Family Medical Lbave �Act Pregnancy Disa it Y-16tims Domestic Violence Holidays,. Military Leave Leave , 0 , f.A , bseric * jc!'Wi'thout Pay' .Co",ensatory Time Off Jury Leave - PAGE: 4 4 4 8 8 9 9 9 10 11 12 13 13 1-3 13 14 14 14 14 OTHER PAGE • Section 32 Retireirient 15' Section 33 Health And Safety' 1.5 1, Section 34 Grievance. Procedure 15 Section 3. Discipline'Proceduie 17 Section 3:6 Personnel'.Fil'es 19 Section 37 Probation 20' Section 3'8' Layoff And Recall 20 Section 39 Altemat'e Work. Weeks 22 Section, 40 Transfers And,Promotions' 22 'Section - 41 Performance Evaluations 22 Exhibit ,A, Unit 4/ Salary Resolution. 3 SECTION 1, -. TERM OF COMPENSATION PLAN This Compensation Plan be p ! effective for a. one (1`), year, ,term,,, fiscal year commencing July 1, 2004 and ending June 30, 2005 with salary adjustment effective Ju1y5 2004. SECTION 2 = DISCRIMINATION, HARASSMENT & RETALIATION PROHIBITED Discrimination; hat- assment and:, retaliation, agams.t,.any erimployee,.because ,of employee's race religion; creed, political affiliation. color, .nationat origin, � . ,sex, .sexual' orientation, gender (or ,gender identity); age,' familial "'status, 'veteran's status, physieal or mental disability or medical 'condition is prohibited. A City , ernployee who -feels `he ,or she has been discriminated against, harassed , or retaliateda �ainst g needs to report, ihe, conduct. immediately to his or her ' ' supervisor td the Hum a n:Resources:D'i- rector. SECTION 3 „-TREASONABLE ACCOMMODATION Hou se. p ym ent °and Act (FEH ".)and the Americans In accordance with the Califorrua Em lo, _ Y ( ) y known protected ry, p y disabi em to�� e�A� , ��the = Ci <', . will rea'so , nab1. accommodate. an SE. �'CTION 4 - SALAItY " The City agrees to a geiieral increase of three percent (3 %0), retroactive to the first pay period of fiscal year 2004 2005 - (Pay period, beginning, on July 5,'20.04, = f SECTION 5 — ;'CALPERS SECTION (h) ;2 ' For the purpose of withholding, the; City shall defer, the, portion. of the employee's contribution paid to .C'a1PERS through Section 414(h),(2) of the Internal Revenue Code. SECTION 6,- OVERTIME 6.1 Geiser All 'hours worked in,; excess” o`i. eight. (8) y in :any one, day, or 'an. ;excess of forty (40) in any :work week 'shall be compensated for at, the. overtime rate which, shall be one and.-one-half (1.5) times . the regular' rate of pay, provided, however, that' in' `the 'eV V ft an ;empl °ogee is required. to work overtime ``without a, break in excess of, four (4) hours beyond ,the end of his/her regularly scheduled work shift, the employee shall be coriipensate& for those excess hours at the overtime rate of "two (2) times.the. regular rate of pay. Overtime shall only be worked after having received p ' ri'or authorization by the ^department head or a,managerial supervisor. 4 Employees Who are wotkinR:an Alternative Workweek of forty (4Q)hours'per woikwbek.shall be -�7 , - , - 4P paid overtime for hours worked beyond thd regularly assigned - hours for da in accordance with the City's:-Alternative Wo'rkweelc✓Policy. 6.2 Minimum. Any n. employee required to work-,overtime shall, in,-ilb cage, be compensated for less than (1) :one. -hour for such overtime.. 6.3 Minimum,for CaMbacks Any err foreturri to work- on .'ah.uhscheduled,. e mergentyba,si&,afteribe end of the employee's` working; day, shall, , :in .no case, be,,qo mpensated forles§ thdri two (2) hours, 1 for such overtim 6. SECTION 7 — STAND BY If, in an emergency situation, an,employee in 'this unit is,asked to leave- wofk'befor end of liff/her scheduled work day with the expectation that he/she will I be called back to workto,fir sffi th 6 remainder of 'their. work, day at a1ater, time;_ but the, emplqyeeiis not .in fact called lidckto work that , day, the City agrees to compensate the employee for 'the - fall normal, working: ;day - -, 'In g. , ay exchange,, up until the time that the employ&d?s 'regular shift is - sthed ed,tocnd,su6empl6ydeg will be on stand b status, witho zify entitlement to; extra compensation:, I Ex y Pvt as so specified, employees! in this unit are,*not reqdired.tovork,on a, stand ,bybagi§. 'SECTION 8 - OUT OF CLASSIFICATION. WORK, 'Unit Members who are asked to perform, out -of -class work are eligible 'for out' of -class pay whan, the following conditions are, met� I The memb must' have been assigned the work by employee's 1)ep'ar(ment-,Hea:d,,.. 2. If the m ember thinks the assignment. is `-'but- - class`, it is the responsibility of the mem ber`toinfori—n.the the assign - meni. 3. if the member and person, assigning the work disagree' 'that the work should be "out-6Pclagg" , the nie 'er shall initiate the work compensate . as. im b , and may resolve ,the issue through the grievance procedure: Al Rate of Compensation Mefnbers: -class work shall A be compensated. at driadditional five; (5 percent on an hour- per -hour basis when such is� being performed. 8-. 2 - Res P&Igibility,of 'the Etfipl6yee It is the rosponsibility:of an employee to mforin the person as�igning-� out Work- when suchmork is fini'shed. 5 , ,SECTION: 9 ,,PAYMENT''FOR WORK AuRINGLEAVES When it. hol da s or 'durin sch'edu d vacation "leaves su h° -,em to ees .w rk Y ' such legal g' legal mes recess ' hecause of an .timer. enc to have' em to ees.work d_unn beco� , g p � " Y o mg on, g holidays ' and durin en" ' Y- �, _ g P ods of vacation shall. be entitled to receive ',additfonal'remurierati °on at the rate of one and one -half (1.5) times their'regul'ar rate of,pay. ' S 10.- COMPEN$A FOR 'CLOTHING 10.1 Reimbursement.= Loss,of Damaged Clothing, City ;employees may, request reimbursement for the ,loss 'or daniage,.of his other clothing ,that results from .work. activities. 'Requests ,for reimbursement shall be. submitted to the Department Director, 'for. _review and approval: Arhounts of. rei mbursemen t; ,are .at the discretion of the Department Director. - 10.2. Work_ Boots pay the cost of all work boots ,up =to s$150 OO per fiscal year. Replacement of work boots shall be on an as- needed` basis with:approval of the;Department Director -: Receipts for work , d.` theHurnar Resources office' for'processing. boot,reimbursementshah � b:e submi'ttto e, AL PAY- SPANIS, SECTION,.11 BILINGUAL '`, ��� H° A qualified employee, who demonstrates Spanish bilingual = proficiency at an acceptable p Biln y ined�by °the Human Resources Director, shall be eligible .for Spanish 11 �Pa in the amour rofic level as d'eterm ual certified gas " roficient' 'at "., 'ari acc eot0ab 0 rof enc T level ;las de ermined ean must lie''tested and g Y p q fy5 P Y p p ,p y�. - certified .b the Human Resources Director and m . accordance with the City'"§ Administrative. Policy on, Bilingual Proficiency-Testing. SECTION 12 VACA,TI'ON,'PAYIVIEST AT fiERIVIfNATION Employees w ho l eave Crity, e mployment: s hall b e p aid.i n a l ump, sum for all accrued vacation leave earned prior to the effective'date. of termination no't to exceed two (2)."years accuintilatioii. S]E'CTION 13 - SiCK`LE'AVE, PAYMENT OF In the event of the death or retirement of an employee who..has completed ten (10) or,more years of continuous service wi th the City; the employee shall be paid .or shall receive to his/her benefit fifty percent. (5.'0 %) of his accumulated but unused .sick: '!leave not- to exceed 480 hours. The. employ y .: r eceive,thisb,enefit and_:i iead;, late �a ll si o the . , ee;m'a e;lect n of ` t o ns p ck leave hours into 0 1 Ca1PERS,sick leave conversion benefit. 6 . SECTION 14 -DEFERRED COMPENSATION The City ty of Petaluma shall make available to ,the members of 1, ihig liflit City's Def6abd Cdmpensation'Plaft.' SECTION 15-RETIREE BENEFIT'PAYMENT Retired `Employees An - Woyee with twenty (20) years of serVicei and whoi5 age fifty (5 or older and', e1nP 1 ho retires on a service retirement. - during• the term of. this agreement' will be ,eligible, - $95.0:0 pet. - month beginning on the retirement date. The, payment will. decieas�ejn - the amount pf '$ p I tr year-. t& $0.00'aftertwenty, (20) years' ifthe refiiod' employee .:c6fitiii plan, d at r etiree, Should the, n t e o retired emDlve no continue .in the P Dmhe/s'he, will b.e.:eligible forAhe,' - employee I z . .­ ­­ ­ e ­ Rill, $, 10.0. 00. It is the resmisibility—of the retiree to hofify' the City - in writing that: he/she is;- not being coveted,b ,ythePE CHA plan and the City willcommence-payment of the at the 6 g , inning of the month.follo W11 receip ,of written notice by the retiree. " Employees with 20 years of service or.ariore. And, age 50 or older,: Cdleriddr Year PENMCA contribution Additional City Contribution Total Benefit. Amount, .2014 100 0 100M. 1 20.1 3 95.00 5 0 100' 00' :90:00, - 1-0:00 10.00 85 15.00 106.00 0 90 20.00' 'ibuo 260*9 75.'06 5 0 :2 .00' 160.8 70.00 30.06, 2007 651.00 3,5.00 1','00.00 20, . 06 60.00 14 40.00 1,66'.00: 1 2005: 55.00 1,4500 100.007 12004. 150.00 . 1.50.00 7100,0 For employees retiring _,after September 1., JL 0,97 and who meet the service 'requirement 'L lis ted in — par agraph �one above those :e shall receive an additional $20.00 "per month as a retiree service benefit, Should the, refired employee hot' continue, in 'the, PEMCHA plan, that retired employee will be tligiblet for an ,amount $120.00 as a - direct payment as axetiree service benefit. It :is the responsibility of the retiree to notify the City in writing - that he/she is not being covered 'by L tfie:'P_EMCHA, plan, and the Cit y will commence payment o f L the dt• the begi of month following the recei w fttten.nof ice'..by the retiree 7: I Employees with 20' {years' of service or `more and, age 50 or, older; Calendar Year PEMHCA' contribution Additional City Contribution Total Benefit Amount 2014 1 1001.0.0 20.00 120.00' 2013 95.`00; '25.00 120.00. 2012. 90.00 3'0:06 ' 120.00 2011 85.00; 35. 120.00 2010 80,00 40.00 „ 120.00 2009 7'5:00' 45::00 120.00 2008 70:00 50:00 120:00 2007 65.00 55.00 120:00 2006 60:00 60.00 120:00 2005 55.00 65.00 120:00 2004 50.00 70.00 1`20:60 SECTION 16 - MEDICAL /DENTAL INSLT'RANCE The City agrees to continue,to fund the health care benefit up to , a maximum of $ 896:'.09 per .month through December 31, 2004. On January 1, 2005, the City`rll provide a maximum health care benefit of $1,024.19 per month The .City shall provide the following ,amounts , to active °members of this Unit a maximum monthly insurance contribution for medical acid derital coverage. Those employees eligible `for: Employee + 2+ $ 896.09 per month Employee + 1 $ 712.84 month Employee $" 407.42 per month Effective January 1, 2005 the" City shall provide the `following amounts: Employee + 2+ $ 1,024.1S Der month Employee + 1 $ 811.38 per month Employee' S 456.69 per month The City participates in' the°'.California'Public Erriployees Medical Health Care Act (PEMHCA) for members .of thus Unit.. The City contributes in the amount; of $160.00 per month per employee:" This !$100.00 contribution is includeddh the insurance contributions cited above: SECTION 17 - VISION INSURANCE The City shall provide a Vision Plan for employees and eligible dependents. The. cost shall be paid for by the City. 'Employees are eligible for eye exams every twelve (1 -2) months with a 8 $25.00 deductib'le.� Frames are available every twelve. (12)i months with a maximum, benefit of $' 120.00 and lenses are available every twelve (12) months with a maximum benefit of $200.00. SECTION 18 -'LIFE INSURANCE' The City shall provide for _a. group term life 'insurance program for the City employees in this Unit: The City`shall pay",, during °the course of the Compensation Plan, the insurance cost °towards employee only coverage for such insurance in the principle sum of $50,000.00 per employee. SECTION. 19';- INSURANCE 19.1 Short- Term'Disability Insurance The City agrees that employees' in this unit may, on a purely voluntary basis .and ' a_t their, own expense, rparticipate in AFLAC's short4em disability insurance as long as the number of employees electing to participate in the program'meets, the minimum participation standards set by the carrier. 19.2 Long-Term,,Dis.abifity Insurance The City shall_ provide for a long -term .disability plan, with the premium to be; for by the City, SECTION 20 - MEDICALIDENTAL CASH,BACI An eligible employee may request.cancel'lation of the employee's City paid medical ,and/or dental insurance coverage: Once the employee provides adequate proof that' he /she hag medical and /or dental coverage from :another source„ it will be. processed under the terms and conditions, and cancellation requirements of. their' particular plan. The City will process the cancellation, effective the first day of the month following the effective date of cancellation.. . The cash back 1S based O what th employee's coverage level would have normally been (i.e ..., employee; employee + one de endent em 'loyee + family) at the time of such `cancellation. P P However, if the enployee's current health'premiuin' amount is less than the medical premium amount listed below, the City will use the,,lower°rate to calculate the cash back amount. The cash back amount, is paid once a, rrionth.and 'is included in the employee's paycheck. The following are the rates'used to determine medical cash back: Covera e Level Medical Premium Amount : 50% Cash.Back,Amount Employee $305:42. $152:71 Employee + dependent $610.84 $305.42 Employee ± 2 or, more . dependents $794.09 $30.0 Effective January 1, 20,05 the following are the rates used to determine ;medical cash back C overage Level Medical Premium Amount Employee $354.69 Employee,+ dependent $709.38 Employee +'2 or more . dependents.. $922.19 50% Cash Back Amount $177.35 $354.69 $461.10 • • If the employee„ d eclines dental coverage the 'Cit y will pay,a cash back, amount equal to 50 % of the: City's! fixed monthly rate for the dental program. Upon declining medical and/or, dental'insurance, the employee will be required to,meet, the terms and conditions; regarding `the City's :medical and /.or dental plan. f, an employee decides Ito stop receiving the medical /dental cash back ;and wishes ,tor e= enroll, ';nto t:he C ty's mredical and/or dental plan, then he /she must meet the current terms 'and. conditions of "the Cit'y's medical and /or dental plan. The City cannot guarantee that once the employee leave's a particular medical and/or dental plan, he /she may he ,able to' enrolflin.,their prior plan 'and .under the. same terms and . conditions of their prior plan. The dollar amounts; .listed= above::that include the "insurance contribution for medical and dental coverage" shall be adjusted each. ear by the amount of the City's dental insurance contribution rate. .SECTION 21 - VACATION • I • Unit "4 Yearn of Service Vacation Accrual (hrs) Accrual Limit. (hrs , 0_4 80 160 120. 240 10 128; .. 256 11 _ 1.36 272 12 144, _ 28:8 .13 152 304 14 1,60 320. 15 _ 168 336 16 1`76 352 17 1"84' 368 ° 1.8 1 384 X 19 or greater, 200 400 2.1:1 Accru al , All regular employees of the H of Petaluma, after working one (1)• full year -are : entitled to the; : equivalent of eighty ( ) ours of vacation with pay in the year following the year in which vacations earned. All regular employees of ` e y ( th Cit of'Petaluma after five 5)'years of continuous service with the y g Wrung with ^the sixth (6). year, shall. be: entitled q 0 hours of Cit, � and,be i. to the equivalent of 12 vacation per. 'year: After tern (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 200 hours `of -Vacation. Vacation time shal'1 not'b'e accumulated in excess of °two .(2) years, jo 212 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 ' cannot take, art or all of his • annual vacation in a particular calend part year such vacation shall betaken during the following "calendar year. 21.2 Deferral Any eligible employee with the consent of the. head 'of his/her departrnenf 'and the Hurnan. Resources Office may defer his/her annual vacation to the succeeding 'calendar year subject to other °provisions, of this "rule. A written reportof,, each deferred vacation ;signed by the appropriate . :department head and the Human''Resources Office noting the details shall be kept on filewith the Human Resources Office-In the event one (1) 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. 21.3' Usage An bmployeet may begin to use accrued vacation after successfiiily completing his/her probationary'period with the City'of Petaluma. r , SECTION 22 - SICK LEAVE 22.1. General. _ Sickleave with pay shall `be granted to all employees: as set forth in this section Sick leave is not ;a right, which an, employee may use at his •discretion, but rather, shall _.be used only in; case of personal illness, disability or the serious ,illness or injury of an employee's familymernber;, which xequires `the employee's, attention.. The erm family ":members 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: 22.2 Accrual Sick leave shall accrue to all full -time employees at the rate'of eight ( for. each month. of continuous ;service. 22.3 . Notification :Procedlres In..,,order to receive compensation while absent on sick leave, the employee shalthotify'his/l er Department Head prior to orwith'n four (4) hours after the time set for beginning his daily, duties as, may be specified by the: head of his/her department. When absence is for more; than three. (3) days duration, the employee may be required to filei a physician's certificate, with the Human. Resources Office stating °the. cause of the absence.' 22.4 Relationshi p to Workers' Compensation Benefits shall `be payable` iii situations where miscellaneous employee absence `is due to industrial' injury as provided •in Califonua State W orkers' C.oinpensation Law. D unh4 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. ;receive file pay. Following this period sick leave may be a supplement to the Workers' benefits provided the 11 employee: Compensation is at, his/her regular rate for a period not to exceed six (6) months,:'aor until s uch sick l eave,is ekxl austed, Io r t „ he d is s abrogated, or that, employee is certified ” permanent and s tationa : " b y a c'om etent m edical authority The C it $ hall p ay h im/her t he regular salary; based on the combination of the Workers''Gompensation benefitplus Sick Leave. Sick weave for industrial injury .shall', riot be allowed for a disability resulting from sickness, . self- inflicted injury, or willful misconduct. The City may :retire .any' em to ee nor to the exhaustion of accumulated p y p ' mulcted sick leave, at which time all accrued but unus'ed;sick leave shall be abrogated',,:,subj ect only to the limitations provided under this Compensation Plan: 22.5 Sick .Leave Transfer Policy Employees wishing to donate hours of sick'leave to' another employee may do so by sending a written request, approved by their' departm"ent`head, to the Hu man Resources Office naming the individual to receive the sickleaye „and the amount;donated, with the following restrictions: A. Employees who wish 'to °transfer• sick. leave must retain a minimum of 160 hours of sick leave to be eligible to transfer sick leave. B. Transfer amounts shall b r ” _ e limited to the number of actual hours needed and used by the receiving employee;, C. Any donated sick leave hours unused by recipient shall b'e'returned. to the donor. D. The employee -receiving the sick leave transfer must have zero (0)'• hours of accrued sick leave, vacation, and CTA leave on the , books. E. Employees may not, buy or,`,sell sick leave. Only the time;may, be transferred. F. Employees may not °transfer- sick leave upon separation of service. G. Transfer of sick leave shah be allowed.between all Units. H. No more than No (9.0) workdays of sick. leave may be received by an. employee for =any one illness or in �S:E;CTION '23 - BEREAVEMENT LEAVE An employee: shall be granted up to thirty two (32) hours of bereavement leave in the event of death in the employe.e'' immediate family. For the purpose of.bereavernent leave, immediate family shall mean spouse, qualified domestic partner -, father, father -in -law, mother;, mother -in- law, brother, brother =in laws sister, sister in -law, child (including stepchildren), step- parents, grandparents and grandchildren .or person with whom. the employee has- a relationship in loco parents. U to an additional' eight 8 hours of accrued sick leave may be anted to supplement p P g () Y �' bereavement leave., 12 In the event an .employee must travel more than :300 miles to attend a funeral or memorial service; an additional Teight (8) hours of'bereavement leave shall be granted instead of'the use .of eight (8) hours of sick leave: SECTION 24 - FAMILY MEDiCAL CARE LEAVE The City will provide family and medical care leave for eligible employees as required by City policy state and federal 'law and as _specif cally provided in the Federal Family and .Medical Leave Act of '1993 (FMLA) and the California Family Rights Act of "093 (CRFA). If possible, employees must provide thirty (30) days advance notic.'e of leave. SECTION 25 - PREGNANCY'DISABIILITY LEAVE The City will provide pregnancydisability leavb.for eligible employees as required by'City °policy and state law and as. specifically provided 'in 'the Fair Employment and Housmg Act; and the California Family Rights Act of `1'993. If possible, employees must provide thirty (30)• days advance notice" of leave. SECTION 26 - VICTIMS OF':DOMESTIC VIOLENCE California Labor Code 230 and'230.1 allows use of such leave for Victims of Domestic Violence .for any' of the following: to seek medical attention for related injuries; to obtain services from a domestic vi'o'lence shelter, program orxape , crisis center,, to obtain• psychological counseling; or to participate' in safety planning. Certification of need may be required in the form of "a police report, protection order, documentation from court nor from a medical professional, domestic violence advocate, or.counselor. SECTION 27 - .HOLIDAYS 27.1 Fixed Holidays. The City shall, observe twelve (12) fixed-date, holidays. These: holidays shall be established for the City's fiscal year as determined by City Council resolution The Holidays for FY:04/05 are as follows: Independence Day Presidents' Day. Labor Day Memorial Day Columbus Day • Veterans' Day Thanksg -ving Day Day After' Thanksgiving - Christmas Eve Christmas Day. New Year's ,Day Martin Luther King Day • �, Ali•, 27:2 Floating Holidays During the Fiscal Year 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 1, and December 31, will be eligible for �a, "Froating:Holiday" during the course of the Fiscal Year. . SECTION 28 - 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•whe'n. such heave Shall'be taken. SECTION 29 LEAVE OF ABSENCE WITHOUT PAY • The City Manager may grant a .tegular or- probationary employee: leave: of absence without pay p ursuant to State and F ederal Law. Good. cause being shown by a, written request, the City Manager may extend such cleave 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 r egularly approved 1 gave or within a r easonabl& p e.riod. o fit ime a fter notice t o return to du the employee, s ty, p y hall 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, shaltbe cause for discharge. SECTION 30 - COMPENSATORY 'TIME 'OFF Employees may receive, in. eu of being paid .for time off at a mutually agreeable time between the' "Crty and the; employee s4bjpct, operation requirements of the City and with approval determined by the City. No. employee may earn. more than two hundred forty (240) hours of" Compensatory Time Off p er fiscal q ear. C TO s hall not be pyram or compounded. In addition, ditio_n, no employee may retain on the books more-than forty (40) _hours of unused Compensatory Time, at any given point during the fiscal year. Amounts submitted in p f ('1:5)' of 'the regular rate of pay. excess of these limits shall be aid at time and one- hal SECTION 311 - JURY LEAVE , Ul Every classified employee :of the City who is called or required to as a trial juror shall be entitled to absent hims" elf /hersel"f , -frorn 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 hisi full salary and any payment received by him, except travel pay, for such duty. This compensation shall not extend beyond twenty (20) working days. 14 SECTION 32. - RETIREMENT The. City of Petaluma's, retirement plan under -the California Public. Employees' Retirement System shall consist of the, following .items: Miscellaneous Employees; 2%. @'55 Options.; 1959 Survivors Benefit (Level.,3) One year Final Compensation Average `Unused Sick Leave :Credit Military Service Credit,- Public•.Employees SECTION,33' - HEALTH AND SAFETY The City agrees that, it has the obligation to take reasonable steps to. furnish employment and a place of employment, which is safe fAndlicalthful for. its employees. The Unit Members may report to t lie City any condition, which i t'p erceives t o b e a working condition that is less 'than safe or healthful. Upon,receiving such a report, the, City',.agrees to .meet with the UnitMembers to discuss the reported condition. SECTION 34- GRIEVANCE PROCEDURE 34.1 Purpose of Rule 1. To promote 'improved employer employee relations °by g grievance procedures establishin on:.matters ,for which appeal or hearing is not provided by other regulations'. 2, To afford employees :individually or through his/her recognized.employee organization a systematic means of :obtaining further consideration of problems after every reasonable effort has failed to 'resolve them through discussions. 3. To provide'that grievances hall,be settled as near as'possible to the'point of'origin. 4. To provide that appeals shall. be conducted as _informally as possible. 34.2 :Matters Sub, feet To Grievance. Procedure The grievance procedure shall be. used to process and, resolve; ,grievances arising out of the interpretation, application, or enforcement of the express terms of this. Compensation Plan 34.3 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, irrimediate supervisor, if any, .in the administrative service. Every effort should be made to find an acceptable solution by informal means at the lower °possible level of 15 Iflh` I t -with, bn supervision e� emp gyee. no,, in zgeement the decis 1. ; yeache.d )y'discussion he/she §hall',thenhave t jo, f ,A form with ten ( calendar das, after he riglit, ile, Al appeal in" wri in IQ receiving theinf6rinal decision of his/her immediate .,s or., An infbrmat appeal shall not be taken above , 'app'oltifing'.power. MA Formal Gri0vanceTrocedu"fe (levels of revieWthrough 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 debisioni"and comments in writin and return them to the employe6 Within five (5) .calendar days after receiving the appeal'. If the employee does not agree with his/her §Ope decision,.'or,if no answer has been received within five ;(5) calendar days, the employee maypresent the appeal in writing to the supervisor's immediate superior. Failure of the employee to take,farther within five (5) calendar ,days after receipt of the' written decision of the employee's supervisor, or within the total, of 'fifteen.. (I 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 review it, render his/her decision. and comments: in writing; and return them to the - e M p - loyee within five - (5), calendar 'days after after receiVin`g� appeal. If the employee does not agree with the decision, or if no answer'has been received within five (5) calendar days,. employee r�_iayp'resent the. appeal in,.,wrifing,jo the department, head. Failure of the employee to take further action witfiffifive (5) calendar days after, receipt of the decision is rendered will constitute -a dropping of the appeal. 3. Department Review., The. department head rec6iViniz the appeal, of his/her, designated representative, should dist-uss. -the= gri v ance with .the' employee, the employee's representative, if any, and' with other' ap propria te -- -- - i t' pe rsons. ppropria e persons., The department head shall render his/her decision and comments in'writing, and ,return -them to, the employee within ten (10) calendatdays after the appeal., If the employee does not agree with the decision reached, or if . no answer has been received within 'five (5) calendar days, after receipt , of the decision: ox w, fthiii- a I otal. of ( 15) c d =ays i f n o d, ecision i s rendered, will constitute adropping of the appeal. 4. City Manager. The City Manager receiving,theL 4P ' Peal or.his/his designated representative should discus the gn, evaAce with' s - any, and''With the employee, i hi- /her ropresentative, if other appropriate persons The City ;'Manager may designate a fkt.-fihding committee, officer hot in the normal line of supervision, or Personnel Board to advise, him/her- concernin "th e appeal. The City Manager, shall render a decision in Writing to the employed Within tw_,enty`,(20 calendar dayss,aftevreceiVing the appeal. Conduct (J'fGrievance I Procedqre; Th e, time, limits specified above may be extended:to:a definite date by mutual agreement of the, employee, his/her represeniative,and.-the reviewer concerned. 2. 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. 16 3. The .employee! and his/her, representative may of amount le use be privileged to u a reasonable . I - i ­ -, 11 - __ .1 ­_ . - - - 9 work time, as d6tbrTnih by the appropriate; department head in conferring about and presenting, the appeal. 4. Employees shall be assured_ freedom from _reprisal for using the grievance procedures. SECTION 35 - DISCIPLINE PROCEDURE When. an employee has not met standards -of professional conduct the City of Pet i n ay et unia ay impose following types) of discipline- A•- Verbal Counseling - B'. Letters of -Counseling C. Corrective Written Action D. Suspension Without Pay E. Reduction in Pay F. D&ih6tibn ,G. Dikiplinary-Trobation H. Discharge/Terinindtion under his/her Any authorized �supervis orrnav initiate and recommend discipline for cause against an employee 'sqp n -er i accordance with these procedures. Vefb Couns The, City may 'employee With verbal counseling. There shall be no written notice, of verbal counseling,placed'in an eniployee. file., Letters of Counseling: The City may correct an employee with a letter of 66u.iffselirg The letter of cou be placed ,in an .employee's personnel- file Employees may request - in. writing to t1e 'D apartment Head with a copy to the Human Resources Office that'lett,ors of counseling which, are two12), or more;.years old- be destroyed when: 1. The employee's personnel'. file does not contain subsequent letters of corrective ,action; and 2; There. is �,no, other current or pending corrective action at the time the employee submits his/her . request to the ',Department `. Head I Corrective, Written Action The City may correct an employee in a written notice. The: written notice ,shall include -the basis; for the correction and by attachment any other relevant documents. The employee may-within thirty respond. to the City, either , in writing br orally to the ,not i before! it.is placed in his/hot personnel file; If the employee cho6ses,s/he prepare awn respons6 and have it placed. with the City's written correction in his/her personnel -file. Th ere s hall. be no 'further appeal rof avrition correction. 17 EmWoveeNotic.e of:Propos,ed',Disei line P For 'disbilpline . other:,thah a'Vritten correction, the:empl'b-ype awritten notice of the ;discipline; the basis, for and d by,'attachment other documents upon which the discipline is based, alofig wit.h.notice of the right to.respond, either in writing , or -orally, before discipline i s'imposed. If requested by-the , employee."in writ inwithi ' n1burtben 1 4) c Alendar days the City shall meet with the zipploye'e 'unless a differentds,se t by.mutual, 4geemen Department Head Review If 'the employee elects to respond to the ,discipline, s/he ,shal eithe provide, a written reqppst to the City within, seven (7) calendar days of,T6ceiVihg- the ftotic't of discipline. The request May be ,accompanied by a written Do§itibh, If Tequest_dd, the'Dppartment Hea& shall convene a meeting within seven (7), calendar days of receiving, 'the request to.,review the emplo.yee"s response and position. before -disc , ipline i s imposed. The employee shall be. entitled to a representative of his/her choice. tDrovided that the representative , shall not be directly involved in the events underlying the WDOsed,disciplfne. At the meeting, employee shall - - pr I - " . 11 �, discipline. - I - t he„ ll be provided an ' - ­.. - I - , - informal opportunity to, res to. the di'sci 'line and to present any, "information ;for consideration by the Department Head. Seven (7) calendar days after the employee has been provided an opportunity to respond to.thd discipline,,. the Department Head, shall,issue a written notice-with his/her decision. Ap Arbitration . - Discipline More SeVere Than -peal to the City Manager , or Advisory Suspension of Five:Dqy`s For discipline greater in ; severity than, a:suspensjon five (5) working days,, and, other discipline other than written correction the,eiiiployee shall have the ,right to:appeil.the Department Head's decision to the City Manager or alternatively, --atively, theM Member may elect to appeal the discipline to Advisory Arbitration before,;.discip'llnefis!'Impoged. If . the iemploye elects to appeal the discipline to the City Manager, or if -the . elects to appeal the discipline to I Advisory Arbitration, they shall within fourteen, (14) calendar .days from the notice of'the D epartment Head's final decision submit a Written, request, to the, City- Manager to appeal the discipline. If no written request -is submitted 'to th6 _.C ity Maria 9 er Within the fourteen (14), daytime frame the right ,of appeal is waived and the discipline shall become -final' City Manager Review If the employee elects, to have the Manager review the discipline, the City Manager ' shall convene, a meeting review the­eniploye�e's: respofis&ond. position before' disciplin&*is im. "posed. The employee shall be �,ntittedrto',arpprpsentative the employee shalFbe ' id d the o ` to, respond, to, the discipline and, to present any information for provi e , e , n consideration by the City Manager. F (14) catqndardays after 1hb employee has, been provided . ah ­6 port urntyy to' d to the the City 'Manager shall issue A written p , respon noticewith, his/her decisibn.'T'heCit y Manager's decision shall be final. A6i'sory Arbitration As an a IterhiiiiVe,t he employee m ay lect to discipline is imposed. appeal discipline to Advisory Arbitration before 18 The arbitrator shall be selected, from a list provided "by, the :American Arbitration Association or the State Mediation and Conciliation Service: A list of seven names shall' be requested from either source in a.m'ariner to be jointly agreed upon by the City and employee., The,.City and the employee, shall alternatively d'elefe =names from the fist. The arbitrator so selected shall conduct a hearing a:& expeditiously as possible at a time and place, convenient to the Cityand the employee. The arbitrator shall have the authority to convene the hearing, , receive evidence- `through. testimony and documents ,and. to make findings of fact .and conclusion whether the discipline was for just cause and whether the discipline was' appropriate. The arbitrator'Inay recommend an outcome, butthe final authority rests the City Manager. Within thirty , (30) calendar .days after the _hearing, - the arbitrator shall submit in writing his/her m advisory recornendations.,to the City Manager and the, employee. ,Within fourteen (14) calendar days of receipt of`the� arbitrator's advisory recommendations; the City Manager, shall,issue a final decision: The City Manager's decision shall be:final: The cost of arbitrator shall- be borne by the City: The hearing may be tape-recorded or transcribed...Copies :of the tape recording will be available to the appellant; :if .desired, at no charge Transcripts of the proceedings will be available upon request at the requesting party';s expense: Each party shall bearr its own attorneys' fees° afid costs. City employees who are employed "at- will, ". or who 'are temporary, or probationary„ are not subject to the requirement of;good cause, and are not - entitled to these disciplirne'.procedures. SECTION 36 - .PERSONNEL FILES 36.1 PersonnelTile —Employee Review' An employee (or , employee representative With `Written authoilzation from the .employee) S h all have the right to :inspect and review his or. her employee personnel file., The employee's personnel file shall be made available to the .employee for inspect'ion.,And :review at a mutually agreeable tune- between -the employee and Human.Resource office staff member. 36.2 Personnel File — .Review of Adverse Comments Before Entry In No - employee shall `have any comment adverse to the ;employee's; interest ,entered in t employee's personnel file which ;may be used for disciplinary action without the, employee having. s't read and signed or 'initialed ;the document containing the adverse comment. Except that entry may be made if after reading -the comment, the employee refuses I o. sign or initial the document. Should. an employee refuse to sigh lot initial the; document, that fact shall be noted- on the document and signed or: initialed by the fsuDerV isor: The, employee) may write a response to the document containing the` adverse comments for °placement in the er file. 19 SECTION 37 PROBATION All original, P transfer and romotio.nal 'a pp� ointments shall, be subject to a probationary period. , R6_ The probationary�penod shall be regarded 'as it of the testing process and shall be utilized.for closely observing the employee's work for . securing the; ;most . effective evaluation of a new employee's work and 'for, rejecting any probati`onaryaemployee whose performance does not meet the required <standards, of work. robation The initial p ary: p ' od for Professional, employees is. twelve ,(1.2) months for hire,, en promotion, and transfer. An employee's probationarypefibd may. be extended for six (6) months on a case,by -case basis based on 'the performance:. evaluation. Should 'an employee be on a leave of absence without pay, the pro batonary'period will*be extended for that time. During the probationary, period' -an employee :may be rejected at any time by the. City Manager without cause,and without :the tight of appeal, Any employee { 'rejected during, the m probationary period', 'following a promotional or transfer appointment shall be discharged "except as•provided.in Section Transfers.and Promotions. Promotions of employees stlh ^ ori probation will result -in. a new probationary.period for the class into which the individual .was:prornoted. SECTION 38! - LAYOFF A" D . RECALL Work Elimination Should the City decide, for -labor cost - control reasons,, to permanently, ;eliminate bargaining unit wor -k by.permanently repl'acrng .existing -unit,'posif on h contract or s wi subcontract employees to f employment,( "Work Elimination ') 'e City agrees do `the same world. under sunl�ar conditions o ' th to notify the. members , fourteen (°l4) days prior to,, implementation of. the Work Elimination, in order to allow the members' to meet and confer with respect to the effects'. ,of the proposed action upon the employees .'and to propose effective econoinical methods, if any; by which ,such work p y ty employees: could continue to be rovided.b � the Ci 's own Layoff;and Recall 3:8: 1 Statement o'f'Intent .. Whenever, in•.the judgment of the' City Council it'becomes; necessary to abolish, position of employment d`u'e, to reorganization or to separate , employees ' due to :lack. of work. or funds, the employeeholding such p osition or; employment maybe laid off or demoted without 'disciplinary action and without,the nglit of appeal. 38:2 Notification Employees to be. laid off shall be °given;. whenever possible; at fourteen (14) calendar days prior notice'." . 38.3 Vacancy an,d bemotion Exce ' r �' m a lowerclassifica k force, theappointing autho . ; rs asshal oth pro vided , , st demote to a vacancy, any�ls a reduction in the work- ty _ tion for which the employee 20! who is the latest to be laid off - in, accordance with Section 6 is qualified. All persons so demoted shall have their. names placed on the. re-emptQyTne, nt list. 18A Employee Rigbts An employee, affected by layoff shall have - the right to displace an employee in the same department - who has les A - lower classification in the same classification series or in ,,21, A.1o.Wer classification in which the affected employee once had= 1641 statu ',For the purpose of this section and: Section. 5,,, seniority ,includes l all periods of full-time is ervice at o r above the classification level where the layoff is to occur. 18.5 SenWity In order to retreat, to a former or'lower classification, an must have more seniority than atJ ea:si one (`l,)o.Pf he ilicumlYents ibfhe retreat classification, be qualified to ho e 6 t he ,retreat classification or have ;served in the retreat- classification prior to 'th layoff and request displacement actibn writing to. ;the Human Resources Office within fve (S) working days of receipt of notice Of layoff. Emp loyees ° witliin each category shall be laid - off in reverse order of s6iii6tity within the classification series. Seniority f6t the retreat classification - . would be the coinbi s - nation of time served (at, or above), 1 . n the e' layoff classification. and any :prior time - d '­ the 'retreat im serve in. clask'ficafion. Ties - will be, broken based upon seniority of total City servi Employees retreating to a lower or' similar classification shall be placed at the a _y j lar, ;step, representing the - least loss of pay. In,no ease shall the salary be increased above, that received .in. the classification from! which the employee was laid off.'- Employees retreating to a lower;ot similar classification, ro ation n shall serve "p ary period i - the new. classification unless, they ha previously successfully—completed A- probationary period' in the retreat classification of A,.higher ,classification ffithe :series. 38.6 Employment Status In each classification of position: - Within the, competitive: service, employees shall be laid off according o employment status inthe following order-,,. t emporary, provisional, p -rob ationary, and:fegiilar. Temp orary; provisional, and probation 10y hall b id in probationa �se; la off according: emp othe.needsof ,porary., provis , the service as"*determined by'thbappoiinting authority: 38.7 Re- Employment List The names of'Ipers6ns'l - aid off or demoted in,Accordance With these rules shall be'entered upon 4 re-employment. list Lists from different departments or at 'different times ',for the same classification of,position shall be combined into a single list. Such, list shall be: u ever ed by s, __ , ­ �y ap,goindfigauthori When vacancy arises in the',same , 'or lower classification of positidhbdfore ce rt ifi cation ert ication. is from an eligible'lis't. 3,8.8 Duration of Re-Eniployment List Names of persons laid. bff.shall be-carried oniax"e-em M - rit list for two,( p oymb, 2) ,ye ars : 21 SECTION 39 - ; ALTERNATE WORKWEEKS The City agrees to consider reasonable alternative -workweek programs proposed by the members. Such ,proposal`s` (e.g.. 4 day, work week,. flex scheduling, 9/80, job sharing) may be y ` y Ci However; the decision as to whether and when, if considered on a,case -b -case basis,.b the Ci ... at all, to implement such 'a'lfernate; programs, the operation of such, programs, and the ability to modify and/or terminate 'such programs is left exclusively with the City. SECTION 4o TRANSFERS' ANID "PROMOTIONS An month em be entitled to retreat to" the ob classification t l cat on forriierl Held shall as long as h a position is J y g P currently unfill.ed, Such an employee shall riot.be "subject t o another probationary period, so long , as the employee has,successfully completed piobation..in the pre.prorriot onal classification. SECTION 4,�1 PERFORMANCE;EVALUATIONS 41 Performance evaluations" are 'a -process designed to acknowledge the performance of an employee. 41.2 A probationary employee shall receive .at least one (1) performance evaluation during his/her probationary period. 41.3 An employee who disagrees - With his/her .performance, evaluation. shall be given opportunity to submit a written, response to °the. evaluation. The response ,will accompany the performance evaluation in, the employee's' personnel file. The contents of a performance evaluation shall not be' subj e 't to the provisions -of the Grievance Procedure of this' agreement. 22 • Exhibit A Salary Table. Unit 4 Effective .July. 7. 2003 Effective Julv'5., 2004 ' , � °�, 5' , Es A3.' ff»' A j f E �Sxep � ➢i�"'Y Step 3"R "+'0. KStep »S Step l Ste C` Accountant $24:40 $25.62 $26.90 $28:24 $29.65 Accountant Analyst $26.16 $27.47 $28.85 $30.28 $31:81 Assistant Engineer I $25.12 $26.39 $27:70 $29.09 $30.55 - Assistant Engineer 11 $29:32 $30.80. '$32.33 $33.94 $35.65, Assistant Planner $24:91 $26:15 $27.46 $28.84 $30.27 Associate Civil Engineer $3151 $35 $3(5.9-5 $40:37 $40.74 Associate in Civil Engineering $3'1,.,98 $33_:47 $35.14 $36.90 $38.74 Associate Planner $28 1.5. ' $29.56 $31.04 $32.59 $34.22 Buyer $24'9`l'' $26.15 $27.46 $28.84 $30.27 Housing Coordinator . $24.9.1 $26 :15 $27.46 $28.84 $30.27 Inspection Supervisor' $30:10' . $31:60 $33.,19 $34.85 $36.59 Program Coordinator $28 $29.:48 $30.96 $32:50 $34.12 Public , Safety Training and Grants Analyst $24:90 $26.15 $27:46 $28:84 $30.27 Recreation Coordinator . $1'7.63 , 11 8.5 1 $19.43 $20,40 $21.42 Risk Claims Administrator $26.16 $27:47 ,$28.85 $30.28 $31.81 Volunteer /Education Coordinator $17.63 $18.51 $19.43 $20.4:0 $21.42 Effective Julv'5., 2004 ' , � °�, 5' , Es A3.' ff»' A j f E �Sxep � ➢i�"'Y Step 3"R "+'0. KStep »S Step l Ste C` Accountant $25.13, $27.71 $29.09 $30.54 Accountant Analyst $27.21 , $28.57 $30.01 $31.50 $33.09 Assistant Engineer I.- .. $26. 13 $27.4.5 $28:82 $30:26 $31.79 Assistant Engineer II $30.50 $32.04 $33.63 $35.31 $37.09 Assistant Planner $25.91 $2T.20 . $28.56 $30.00,' $31.49 Associate Civil Engineer $34:87 $36.61 $38,.44., $40:37 $'42.3:8' Associate in Civil Engineering $33.'1`7 $34.81 $36.55 $38.39 $40.30 Associate Planner $29.28 $3'M6 $32.29 $33.91' $35..60 Buyer . $25_91 $27.20 $28.56 $30:00 $31.49 Housing Coordinator $25.91 $27120 $28.56 $30.00 $31.49 Inspection Supervisor $3131 $32.88 $34.53 $36.26. $38.07 Program Coordinator $29.21. $30.66 $32.21 $33.81 $35.49 Public Safety Training and Grants Analyst $25:91 $27.20 $28.56 $30.00 $31.49 Recreation Coordinator P834 $19,26 $20.21, ' $21.22 $22 Risk Claims Administrator $26.94 $28:29 $29.72 $31.19 $32 Volunteer/Education Coordinator $18.34 $19.26 $20.21 $21.22 $22.28