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HomeMy WebLinkAboutAgenda Bill 3.H 11/15/2004CITY OF PETALUMA, CALIFO a Agenda Title- RESOLUTION` AMENDING RESOLUTION "NO.. 'Meeting Date: CITY OF PETALUMA, CALIFO Agenda Title- RESOLUTION` AMENDING RESOLUTION "NO.. 'Meeting Date: 2002-186',B COMPENSATION PLAN FOR EMPLOYEES ,IN November: 15, 2004 UNIT 9 (MID -MANAGEMENT) Meeting Time: Z 3':00 PM. Category (check one): Z Consent Calendar ❑Public. Hearing ❑ New Business ❑ Unfinished Business ❑ Presentation Department: Director: Contact Person: Phone Number: City Manager Michael A. Bierman 778=4347 Cost of Proposal: $92,972. t ber: Salary and Auo ne tount Amount. Budgeted: Name of Fund:' Affects the General Fund, Enterprise Funds, Internal " . Service Funds and Special Revenue/PC_ DC Funds Attachments to Agenda Packet Item: 1. Resolution Amending Resoluti&ri'N'o. 2002-186B Comonsaton,Planfor Employees in Unit 9 (Mid -Management) 2. Attachment A - Unit, 9 .(Mid -Management) Amended Compensation Plan For Fiscal Year 2004.-2005 Summary Statement: The Com ensation Plan for Unit 9 .Mid -Management reflects t p he salary and benefit adjustments recommend by the City Manager (see Attachment A). Recommended City Council ActionAiiggested,Motion: Approval of the Resolution _ Reviewed. byhin'ance.Direcid" Reviewed by,City Attorney:, Date: A0Pr v' b;. City Manu er: Dater Date: Today's Date: Revision # and,Date,Revised:- Fale,Code" # .,_. 0TYOf PETALUMA,XALIFORNIA NOVEMBER 15,2004 . AGENDA REPORT FOR RESOLUTION AMENDING RESOLUTIONNO. 2002-186B` COMPENSATION PLAN FOR EMPLOYEES IN UNIT'S (NIID-MANAGEMENT 1. EXECUTIVE SUMMARY: The Compensation y y for , Unit ( Mid -Management reflect the salary and benefit adjustments recommend by the City Mana er see Att achment A) 2. BACKGROUND: Employees in Unit 9 are not represented 'bye recognized employee organization. The City Manager... recommends the same salary, and benefit' adjustments'be extended to the Mid -Management Unit as was provided to the AFSCMEUnits. 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. FINANCIAL IMPACTS: The total cost to the City has been :estimated to be $92,972. 5. CONCLUSION: Adoption ofthis.Amended Compensation Plan will,provide equity amongst employee bargaining,units. 6. OUTCOMES OR'PERFORMANCE MEASUREMENTS THAT WILL 1'DENTIFY SUCCESS OR COMPLETION: Implementation of the contract provisions. 7. RECOMMENDATION: Approval of the Resolution and authorization for the City;lVlan , ger to amend the Compensation Plan with the changes described'in the, attached document. • 'RESOLD ION -AMENDING RESOLUTION NO. 2:0024S6B N.C.S. COMPENSATION PLAN FOR EMPLOYEES IN UNIT 9 (MID -MANAGEMENT) WHEREAS, the employees in Unit 9 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 4o male a recommendation to the City Council on matters related to employee's compensation; and, WHEREAS, the City 1VMnager'has recommended that salary and benefit adjustments for the employees in Unit 9 (Mid -Management) 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 2003. ATTACHMENT A Unit 9" (Mid-Managemen Corripeiftsaton Plan . TERM'OF:AGREEMENT This Compensation Plan shall be effective for a one (1) year, term, fiscal year commencing July 1, 2004 and ending June 30, 2005 with: salary adjustment effective July 5, 2004. SALARY The City agrees to a generals wage ,increase of three ercent 3%) retroactive to the first pay p ( period of fiscal year 200472005. (Pay period beginning on.July 5,,'M'04) DISCRIMINATION, HARASSMENT'&RETALIATION:,PROHIBITED The City inserts the following revised language to update the policy statement. Discrimination, harassment and, retaliation, against any employeebecause of an employee's race, religion, 'on color, national origin, anc'estry,, sex, sexual orientation, enderor creed, t affigiati,, , g ( g y), ,a e familial status veteran's status, physical or mental disability or medical condition is prohibited: A City .employee who feels he "or she has been discriminated against, harassed; or retaliated against needs to report . the, conduct immediately to his or her supervisor or to the Human Resources Director. REASONABLEACCOMMOi)ATION The City inserts the following revised language to update the. policy statement. In accordance with the Californialair Employment,,and,House Act'(FEHA) and the Americans with Disability' Act (ADA), the City will reasonably accommodate any known protected disability of an employee. a S, RETIREM . C '1PER ENT `ICONTItIBUTION The City, inserts, the 'following language to update: the CalPERS Retirement Contribution language. For the purpose of withholding;, the City shall defer the po. fon of the employee's contribution. paid to Ca1PERS through Section 414(h)(2) of the Internal Revenue Code. MEDICAUDENTAL INSURANCE The. City agrees to continue to fund the health care benefit up to a maximum of $-896.0 9 per month through December 31, 2004. On January 1, 2G05, the City will 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 and dental coverage. Those employees .eligible for: Employee + 2+ $ 896.09 per month Employee + 1 $ 712.84 per month Employee $ 407.42 per month Effective, January 1; 2005°the City shall provide the following amounts: Employee + 2+ $ 1:;02.4-.19 per month Employee +4 $ $11.3 8 per month Employee, $ 456.69 per month The City' participates in the California Public Employees Medical- Health Care ,Act (PEMHCA) for members of this Unit. The- City contributes `in the amount :of ' S4,00:00 per ;month per 'employee. This ;$'100.00 contribution is included in the,insurance contributions `cited above. MEDICAUIDENTAL CASH BACK ,Amounts adjusted to reflect the new medical' insurance rates. Coveragetevel Medical, Premium Amount 50%o Cash B'acic.Amount Employee. $305:42 $152.71 ;Employee +dependent $610:84 $305.42 Employee + 2 nor 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 5ko Cash Back,Amount Employee $3,54.69 $177.35 Employee + dependent $709.38 $354.69 Employee.+ 2. or°more dependents $922.19 $461.10 2 0 • BILINGUALPAY The City inserts the -following lariguage to revise bilingual pay. A qualified em,-ployee;, "who demonstrates Spgnish bilingu.acceptable. 41 pf0ficiency, at an. proficiency'level asdet6imined, by the Human. Resources biree'tori shall be" eligible for Spanish Bilingual Pay in the amount of $200M perm onfh.,� To qualify, anemploye I e must be tes'ted.and In certified as proficient at an acceptable proficiency.'level as determined and certified by the Human Resources Director and in accordance with the, City's Administrative inistrative Policy on Bilingual Proficiency 'Testing. WORK BOOTS The City,revises the re I imbu I r� , e " inbehVIa'ngiiage to#ovide for work replacement. p" laceent. The City shall pay the cost of all work boots up to $150.00 per fiscal year. Replacement.of work .boots shall be on an as -needed basis,,with,approval of the, Department Director. Receipts for work boot reimbursement shalt',be.submitted"to the Human Resources loffice for processing., TRANSFER .OF SICK LEAVE The City agrees to clarify 806tibnspB and C of the sick leave tfdhsferip6lic. y. A. Transfer amounts may shall be limited to the n I umber of , actual hours needed and used by the recipient. B. Any donated sick' lleave ,.hours unused by a recipient. shall be returned to the donor. BEREAVEMENT LEAVE, The City agrees to increase bereavement leave. to - -two (32) hours of bereavement leave in the event of An. &inploy6e shall be granted up thirty death in the eMP',Ioyee,,?;ls,,',,iniin6d,iate: , dmily. Fb­r� the' purpose of bereavemelitleave, iffifinediate mean SPOUS,� U , father, father -i family shall in qualified domestic partner, n-ldw, 'mother,, mother-in- law, brother, brother -in. -44,w, sister, sister-in-law, child (including stepchildren); ), stepparents, grandparents. and grandchildren or person with whom the ,employee has a relationship in loco parentis.. Up to, an additional eight (8) hours. of accrued .sick feave�'may be granted. to supplement bereavement' leavel:. In the event an employee must travel more than `300 miles to attend a funeral or memorial service, an additional- e,*ight _(8),hours of bereavement leave shall granted instead� of theusle. of eight (8) hours of ',sick leave. 3 FAMILY"MEDICAL LEAVE.ACT The City inserts the following revised language to update the policy statement The City will' provide familyand medical care leave for eligible employees as required'` `by City policy, state. and federal Taw and as specifically provided in the, Federal Family and Medical Leave Act of 1993 (FMLA) .and the California Family Rights Act of 1993 (QUA). If possible, employees must provide thirty (30) days -advance notice of leave. PREGNANCY DISABILITY The, Cityinserts the following revised language to update the policy statement. The City will provide pregnancy disability. ;leave for eligible employees as, required by City policy Land. state law acid .as :specifically -provided in the Fair Employment and Housing Act' and. the California, Family Rights Act of 1993. If -possible, employees must provide thirty (30) days advance, notice of leave. PERSONNEL .FILES The City agrees to revisethe language regarding eimployee�review of Personnel Files. Perso.nnel.File — Employee Review An employee .(or employee representative with. written authorization from the employee) shall have the' ,ri'ght t0 inspect. and review his or her employee personnel file. The • employee's personnel file shall, be -made available to the employee for inspection and review _ata mutually agreeable time between the employee and,:H"uman Resource of ce staff member. Personnel File —:Rev eNyof Adverse Comments Before Entry In No employee shall have any comment adverse to the employee's, interest entered in the employee's personnel file which 'may be used for disciplinary action without the employee having first 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 to sign or initial the document. Should an employee refuse to sign or initial the document,, that fact shall be: noted on. the document andsigned or initialed by the supervisor: The employee may°write a.response to the document,contairiing the adverse comments for,placement in;the,personr el file. COMPENSATION FOR, CLOTHING The City revised language and benefit. Reimbursement= Loss of Damaged Clothing City iemployees may request reimbursement for the loss or damage of his or her clothing that results from "work activities. Requests for reimbursement shall be submitted to the ;Department Director :for review arid approval. Amounts of reimbursement are at the discretion of the Department Director. I TABLE OF CONTENTS Section. 1, .Term of -Plan Section,2, Non=Discrirmnat'ion Section 3 R'easonab'le Accommodation COMPENSATION Section 4 Salary, 4 Section ���5 : , CaIPERS. Section 414 (h) 2. Section'6 Overtime Section'T Out, of Classification Work Section 8 Compensation For Clothing Section 9 Bilingual Pay Section .10 Vacation, Payment At Termination Section 11 ,,ai,Sick'Leaae Payment Gf Section 12 rred..Compensatio Defe n. " Section 13. Retiree;Benefit Payment Section 14 Payment of Unused.Adrninistrati.V&Leave PAGE 4 4 4: 4 4 4 4 5 5 5 6 6 6 7 INSURANCE` Section 15 `'lMedi�eaUD'en al Insurance �� '� ° ' 7, Section 16 Vision Insurance 8 Section 17 Life`Insurance 8 Section, 18 Disability Insurance 8 Section 19 Medical/Dental'Cast .Back 8 LEAVE Section 20 Vacation` 9 Section 21 Sick L,eave: 10 Section 22 Bereavement Leave' �" . 12 Section 23 Family Medical Leave 12 Section 24 Pregnancy Disability Leave 12 Section 25 Victims of Domestic Violence 13 Section 26` Holidays 13 ;. Section 27, Military Leav e 13 Section 281 Leave Of Absence Without Pay 13 Section 29t' Administrative Leave 14 Section 30 Jury. Leave 14 ,OTHER Section 31 Retirement 14 Section 2, Health and Safety � °' 14 „�. Section 33 ance'Procedure Gnev1 15 Section 34 Discipline Procedure, 16 Section 35 PersonnelFiles 19 Section 36 Probation 19 2 Section 37 Layoff and Recall Section38Alternate Work Weeks Section 39 Transfers and Promotions Section 40 Performance Evaluations ExhibitA Unit 9/ Salary Resolution 20 21 22 22 3 • �m i' i SE'CTTON' 1 TERM OF • COMPENSATION '.I'LAN .. This. Compensation -Plan shall be effective -for a. one. (1)year Aerm the fiscal year commencing July 1, 2,004 and ending June 30, ,20'05 with salary�adjusiment effective: July 5,, 200.4. SECTION 2•,- DISCI IjmiNA'II RE ON, IIARASSIVIENT & TALIATION PROHIBITED Discrimination, harassment :ands retaliation against any employee .because of an employee's'race, .religion, creed, political affiliation; color, ;national origin, ancestry, sex, sexual orientation, gender (or gender identity); age, familial status,. Veteran's status; physical or, mental disability or medical condition is prohibited, A City employee who- feels he. or slie has, -been discriminated. against, harassed; or retaliated. against needs to report the. conduct immediately to his or her supervisor or to the Human"Resources'Director. SECTI ON'3. -REASONABLE ACCOMMODATION ` p In accordance. with the California. Fair Employment ent and `House Act FEHA) and the Americans with Disability Act .(ADA), the 'City will reasonably accommodate any known protected disability of an employee. SECTION 4 - S .. AI:ARY The City'.agrees, to a generaFwage increase of thre&`percent (3%) retroactive to the first pay period of fiscal year 2004-2005'. ('Pay period beginningon July 5, 20.04) SECTION' 5 - CALPERS SECTION 41,4(h) 2 For the -purpose of "withholding, the City shall defer the portion of.the, , employee's contribution p g O,( ) , Internal Revenue .Code,. paid -'to ` to Ca1PERS through Section, 4;14 h 2 of the _ 1 'SECTION 6 - OVERT IME r Members,,llof `Unit 9 iwho are `required to work wheii ucalled"to. an, activated wEmergency Operation Center (EOC) local en ergencyshall be paid at their. iegular;hourlyrate for all hours beyond their normal workday. ?SECTION 7 -OUT OF CLASSIF..ICATION WORK 7.1 General fi o erforin out -of -class; wor-lc are eligible.for out -of -class pay when Unit members who are asked -.t �p the followingconditions are rnet 4 A. The ,member.must'have"been assigned the work'by the, Department Head. B: If the member thinks :the assignment' is "out -of class", it is, the responsibility of the member ,to inform theperson. assigning the duty prior to engaging in the ass `-mnent. C. If the member and person, assigning the work disagree that the 'work should be compensated as "out-of=class," the 'member shall 'initiate the workassigned' and may resolve the .issue through; the grievance procedure: 7.2' `Rate of Compensation Members performim out=of-class, work shall be compensated at an additional five (5%) percent on an hour -per -hour basis when. such workis being`performed. 7.3 Responsibility ,of the Employee: It is the responsibility of the employee to inform the person assigning out=of-class work, when such work is finished. SECTION & - COMPENSATION FOR CLOTHING 8.1 Reimbursement — Loss of Damaged Clothing City employees .may request reimbursement for the loss or damage of his or her clothing that results,. from work activities.. Requests for reirbursement shall be submitted `to the Department Director for review and approval. Amounts 'of .reimbursement are at the discretion of the Department Director. 8.2; Work Boots The City, shall pay the cost of all. work ,boots up to $15:0.00 per fiscal year. Replacement of work boots shall"be on an as -needed basis with approval'of the, Department Director.- Receipts for work boot xeimbursement shall be submitted',to the, Human Resources office for processing: SECTION.9 BILINGUAL PAY - SPANISI A qualified employee, who 'demonstrates Spanish bilingual proficiency at an acceptable proficiency level as determined by the Human Resources 'Director, shall be eligible for Spanish. Bilingual Pay in, the amount :of $200.00 per month. To qualify, an employee .must be tested and certified as proficient at an acceptable `proficiency level as, determined and, cerEified by the Human. Resources Director, and in accordance with-tlie City's Administrative Policy on Bilingual Proficiency Testing. SECTION LO - VACATION 'PAYMEN;T -T TERMINATirON A. Employees who leave City employment ,shall be paid in a lump sum 'for ;all accrued vacation leave earned prior to the, ,effective date of teniination `not to exceed three (3)`' years accumulation. All vacation hoursMci rrentlybanked. of eld m B. Vacation Pa d shall b the Hainan Resources Office. These` amounts: on ours employee m the amount of 10 /'o shall be paid to the` M ° of the.banked hours. per year over a`ten (10) year period of the base., rate of pay at the time 'of payment: Employees 'leaving City service shall be paid the balance remaining at Iseparation. This payment shall be made in the month of October or November. SECTION 11 -,SICK LEAVE, 'PAYMENT OF In the event of the death or Yretirerr ent bf an emp y who c to ee has mpleted 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 ( accumulated but unused : sick , heave not to exceed 480 hours. The 50%) of his , p Y Y em to ee m a e lect ri ot'.t oar eceve t his`.b enefit and i nstead p'aace a 11 sick leave hours into the CalPERS sick leave conversion benefit. SECTION' i2 - DEFERRED -COMPENSATION The City of Petaluma shall' make. available to ithe" members ., of "this unit the City's Deferred Compensation, Plan. SECTION 1'3 = RETIREE BENEFIT PAYMENT Retired Employees An employee with twenty (20)-yeats of service and who. is age fifty (50) or older and who retires on a service retirement during the term of this agteement, will be eligible for $95..00 per month ty ( ) Y p ym decrease in °the amount of $5.00 per year to e payment will a the retired red employee, continues, in the PEMCHA plan as a retiree. beginning on e retirement date. $0.00 after twenty 20 ears rf eti Should the retried eni to ee'��iiot_ p continue in the PEMCHA plan, he/she will be eligible for the y �: g Y p � �p y � y fY � Pym g that he/she is not full $1.00.00. It is the _res onsrbrlitan and' the tC t will commence , a n entt f the $1.00.00 at .the. been covered by the:TEMCHA l beginning of the month following the'receipt of written notice by the retiree. Employees with 20' years of service or more and age 50 or .older,; Calendar Year, ..r PEMHCA contribution '-Additional..,,City Contribution Total Benefit Amount 2014, 100.0,0 0 100:00 2013' 95.00 5.00 100.00 201' 2- 90.00 10.00 100.00 2011 85.00. 15.0.0' 100.00 201.0 80.00 20.00 100.00 2009 ,75.00' 2'5.00 1,00.00 ; 2008, 70..00 30.00 100.00 2007" 65.00 35.00 100.00 C.1 2006 60.00 .40.00 10;0:00 2005 55:00 45.00 100:00 2604 50.00 50.00 100.00 For employees retiring after September 1, 1997 and who meet the service requirements listed in paragraph one (:1) above, those employees shall receive an additional $20:00 per month. as a retiree service benefit. Should the retired employee not continue in the PEMCHA plan, that retired employee will ,be eligible for, an. amount of $120:00 as a direct payment as a retiree service benefit. It is the responsibility of the retiree "to ,notify,the City in writing that, he/she; is not being covered by the TEMCHA plan and the City will commence payment of the $,120.00 at the, beginning of the month following the receipt, of'written.notice by the retiree Employees, with 20 years of'service or more and :age 50 or older: Calendar Year ' PENIHCA contribution Additional City Total Benefit Contribution Amount 2014' 100..00 20.00, 120.00 20:13 95.00 25.00, 120.00 20.12 90.00 30:00; 120..00 20111. _ 85:00 35.00. 120.00 2010 80:00 40.00 120.00 2009 75.00 45.00 120.00 2008,70.00 50.00 120.00 2607 65.00 55.00 -1.20.00 2006 60:00 60.00 120.00 2005 55.00 65.00, 120..00 2004- 50:00 70.00 1-20.00 SECTION 14 - PAYMENT FOR UNUSED ADMINISTRATIVE LEAVE The City shall pay off any unused Administrative Leave as of June 30th to: a maximurn of forty (40) hours. Payment shall :be at the employee's base pay rate as of June 30th'. This payment shall be made on the last pay period of that Fiscal Year, SECTION 1`5 - MEDICAL/DENTAL INSURANCE 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 will provide a maximum health care benefit of $'1,024:1"9 per month The City monthly insuralance�ontributonfor medical anddental cover bemaximumPfollowing. amounts active members of this Unita ax Those employees eligible for: Employee +2+ $ 896.09 per month Employee Employed $ 712.84 aper month $ 407.42 per month Effective January - -0City shall DY I 1, 205 the ovide the fol owing -amounts: Employee + 2+ 1,024.19 perlmonth Employee + I $ 8,11.38 per month Employee $ 456.69 per.month The City participates in,the ,,CaUfd ad Public Employees Me'dical Health Care Act (PEMHCA) for members of 1. this contributes in the , amount': Of 3.100.00 per month per contribution included in the insurance contributions cited above. employee. This $`10'0:00 ,cbrittib I is c SECTION 16 - VISIONINSURANCE The City shall provide a Vision'Plan f6t employees and eligible dependents. The. cost shall be paid for by the City. Employees. are 'eligible for eye, exams every twelve (12) months with a $25.00 deductible. Frarnes,are-z-vailable every twelve, (12):months 'with a maximum benefit of and d lenses ar a vd , ievery ery.twelve (I months with a maximum benefit . of $200.00. 0 SECTION 17 - LIFE,jNSURANCE-1- The City shall pro oupl t- -.1ife program ;;for the City employees in this vide for,,a gt erm insurance prog Unit t Cit shall, I ay, durin� the course of the P ompensation P an,,,thinsurance cost towards y p coemployee only coverage� for such insurance in the inciple sum 'of$50*;000.00 per employee. SECTION 18 - DISABILITY INSURANCE 18,.1 Short -Term Disability Insurance The, City agrees that employees .in this unit may, on I a purely .voluntary ibasis and at their, own, expense, participate in A, F LAC's short-term disability insur the number sof ance, as on&,as�,, employees' electing to pq`rtiicipato,ifitthe -program ,meets iic:ininimuni p; icipa lon,,s "an ar s set by,thecarrier.". 18.2 Long 'Term Disability lhsutahee The City shall provide for la long-term, disability plan, with the premium to be paid for by the City. SECTION19_ MEDICAL/DENTAL CASH BACK An eligible empl'o'yee�ma'y�,TOqa&sf.cancellation-of.ih��.'emp'l�b',yee''sCiiy,pAid�,,MedicaI a-n&ordentql insurance coverage. Once the em p1,6yee'provides 1,4d�qudiepf6of that he/she.has medical. and/or dental co f'' -rce, I w i be rocess�a',under the terms and conditions and verage from other, -sou t will p 8 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'is based on `what -the employee's coverage level-would:1ave -tionmally"been (i.e., employee, employee + one dependent, employee + family) at the tune of . such cancellation. However; if the employee's current health premium 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 month and is -included in the employee's paycheck. The following are the rates used to determine medical cash back: Coverage Level MedicalTremium Amount` 50% Cash'Back Amount Employee $305.42 $152.71 Employee + dependent $610.84 305:42 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% Cash,Back Amount Employee $354.69 $177.3`5 Employee +dependent $709:38 $354:69 'Employee +2 or more dependents $922.19 $461.=10 If the employee declines dental coverage, the City will pay a cashback amount equal to 50% of the City's fixed monthly rate for the dental program. Upon decliningmedical and/or dental insurance,. the employee will be required to meet the terms, and conditions regarding the City's medical and/or dental plan. If an employee decides to stop receiving* the medical/dental cash back and wishes tore -enroll into the C:ity's medical. and/or dental .plan, then he/she must meet the current'terms 'and conditions ,of the City's, medical and/or dental plan. The City, cannot guarantee that once the :employee 'leaves a particular medical and/or dental' plan, he/she .. .ay'be able to re -enroll- ,in '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 year by the amount:of the° City's dental insurance contribution rate. SECTION 20 VACATION ��`Unit,�9'��,��ears�o%Ser�iceVacation,.P�cci�ial =filu)'�4L�im�"ts,�� w„� 0-4 80 240 5-9 12Q 360 10 In 384 PJ • 20.1 Accrual Limit Vacation time shall not be accumulated in excess of three (3),years 20.2 Scheduling The times during a calendar year' `in which an employee may 'take his/her vacation shall be determinedby the department head with due respect' fqr 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 part or all of his annual vacation ;in a ;particular .calendar year, such vacation shall betaken during the following calendar year. 2.0.3 Deferral Anyeli gable employee., wit ,the ' p y h° consent of the.'head of:, his/her department and the' Human Resources Office may defer his/lier, annual vacation to the ''succeeding calendar year subject to other provisions of=this rule: *written report. of each deferred, vacation signed by the appropriate department head ,and the Human Resources' Director noting g the details shall be kept on file with 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. 20.4 Usage An employee may begin to use accrued vacation after :successfully completing his/her probationary period with the City of Petaluma. 20.5 Banked Hours Hours that are banked under ;Section "Vacation, Payment of may be used upon submittal of a memo to the Human Resources Office for Vacation purpo"ses. These ,lours shall be deducted from the existing bank. SECTION 21 - SICK LEAVE �► 21.1 General Sick leave with pay shall be,granted to all employees as set -forth in this section. Sick leave is not a right in which an employeel may use at his discretion, but rather, shall be used only in case of personal illness, disability or the`seriousillness or injury of an employee's family member which 10 T1nzt9 aIearsofrServi'ceyacatxonAc�crual hr) Ltmits(hi 11 136 408. 12 144 432 13. 152 '456 14 160' 1 480 15 16& 504 16 176 528 17 184' 552 192 '' 576 19" or eater . 20.1 Accrual Limit Vacation time shall not be accumulated in excess of three (3),years 20.2 Scheduling The times during a calendar year' `in which an employee may 'take his/her vacation shall be determinedby the department head with due respect' fqr 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 part or all of his annual vacation ;in a ;particular .calendar year, such vacation shall betaken during the following calendar year. 2.0.3 Deferral Anyeli gable employee., wit ,the ' p y h° consent of the.'head of:, his/her department and the' Human Resources Office may defer his/lier, annual vacation to the ''succeeding calendar year subject to other provisions of=this rule: *written report. of each deferred, vacation signed by the appropriate department head ,and the Human Resources' Director noting g the details shall be kept on file with 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. 20.4 Usage An employee may begin to use accrued vacation after :successfully completing his/her probationary period with the City of Petaluma. 20.5 Banked Hours Hours that are banked under ;Section "Vacation, Payment of may be used upon submittal of a memo to the Human Resources Office for Vacation purpo"ses. These ,lours shall be deducted from the existing bank. SECTION 21 - SICK LEAVE �► 21.1 General Sick leave with pay shall be,granted to all employees as set -forth in this section. Sick leave is not a right in which an employeel may use at his discretion, but rather, shall be used only in case of personal illness, disability or the`seriousillness or injury of an employee's family member which 10 requires the employee's: attention. 'The "term family ;members shall include: spouse; children, •, parents, spouse's parents; brothers, sisters ov other individuals whose relationship to the employee is that ofa dependent or near dependent. 21.2 Accrual Sick leave, shall accrue to all full-time employees at the rate of eight (8):hours for each month of continuous service. 21.3 Notification'Procedures In order to receive compensation while absent on sick leave, the employee shall notify -his/her Department Head prior :to or within four" (4) "hours after the time set for'beginning hisAaily`duties. as may be specified by the head of -his/her department. When absence Js for more than three (3) days duration, the employee may be required to file a phys'ician's certificate: with `the Human. Resources Office stating the cause of the "absence. 21.4 Relationshiplo Workers'''Compensation Benefits shall bepayable in situations wheremiscellarieous: employee absence'is due to industrial injury,as provided in California. S tate Worlcers' C ompensation,L aw. D unng fhe f irst f hree (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 fu11 pay. Following "this period, sick leave may a supplement to the Workers' benefits gri ded the employee. Compensation his at his/her regular rate for a period not to exceed six (6) months, or, until such s"ick l eave i s. exhausted, "o r t he disability i;s abrogated, or that, employee is certified "permanent and siationary`b y a competent m edical authority. T he -C ity shall p ay'h.im/her the regular salary, based on the- combination of the `Workers' Compensation benefit plus Sick- Leave. Sick leave for industrial injury shall `not be allowed fora disability resulting ;from sickness, self-inflicted `injury, or• willful misconduct. The City may :retire any employee prior to the exhaustion of accumulated ¢sick leay.e; at which time all accrued but unused..sick Weave shall be abrogated, subject only to the limitations provided under this, Compensation Plan. 21.5 - 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 department head, to the Human Resources Office; naming the individual to receive the sick leave and the amount donated, with the following�restrctions A. . Employees -whowish 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 be limited `to the number of actual hours. needed, and; used bythe receiving employee. C. Any donated sick leave hours unused by receipt shall be returned to the, donor. 11 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 o sick leave shall' be f si allowed between all„Units. H. No more than, ninety (90) workdays of Sick Leave may be, received by an employee for any moIllness or injury. 22' - BEREAVEMENT iUAVE SEC, i, death n the. em to eegs immed ate famil For the purpose 'of-bereav ntrileave in the event to An em to ee shall be anted u . to thi . two 32 hours -,of bereavement, y pure enient leave, immediate family shall mean spouse, 'qualified domestic partner-, father; father-in-law; mother, mother -in- law, brother, brother-in-law, sister, sister-in-law, child (including stepchildren), step-parents, grandparents and grandchildren or person with whom ,the employee has,a relationship in loco parents. Up to an additional eight "(8) hours of accrued sick” leave may be granted to supplement bereavement leave. In the: event an employee rriust travel more -than 300 miles to attend'a a funeral or memorial service, an additional eight '(8.). hours of befeaveinent leave shall be" granted instead of the use of .eight (8) hours of sick leave. SECTION 23 - FAMILY MEDICAL„CARE -LEAVE The City will provide-fam1,)a medical care 'leave ,foreligibleemployees as required by City policy state and federal aw andr as specifically provided,�in the Federal Family and, Medical Leave; Act of ( MLA) and the California Family Rights” Act of :1"993 (CRFA). If possible, o is employees us9prov provide, thirty(30) days advance notice of heave. SECTION 24 - PREGNANCY DISABILITY LEAVE TheCity will rovide:,-,pregn'ancy-.dsability leave for eligibleem,ployees;as required by City -policy and :state law and as specifically provided in the Fair" Employment and Housing Act and, the California Family Rights Act of 1993: 'If possible, employees must provide thirty (30) days advance notice of leave. 12 ;SECTION 25 - VICTIMS OF`DOMESTIC -VIOLENCE Californ_ ia.Labor Code 230 and 230.1 allows use�of such leave for Victims 6tDomestic`Violence for' any of the •following: to seek medical attention for related injuries; to obtain services from a domestic.violence shelter, program or rape,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, olice report, protection order, documentation from court or. from a medical professional, domestic violence advocate, or counselor. .SECTION 26- HOLIDAYS 26.1 - 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 Labor Day Columbus Day 'Veterans' Day Thanksgiving Day Day After Thanksgiving Christmas Eve Christmas Day 'New Year's Day Martin Luther King Day President.'s Day Memorial Day ,26.2. 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; r subject to ,operational requirements' and approval determined by -the City. Employees hired between. July 1, ,and December 3'1, will be eligible for a'"Floating Holiday•' during the course ofthe Fiscal'Year. SECTION 27 -,MILITARY LEAVE Military leave shall be arranged in accordance with the provisions of State Law. All employees entitled to military ?leave shall give the -appointing power 'an' opportunity within the limits of. military regulations to determine when such leave shall be taken. SECTION'28'= LEAVE OF ABSENCE WITHOUT PAY i The City Manager may grant a regular or, probationary employee leave. of absence without pay pursuant to State and Federal Law. Good cause being shown by a written request, the City 13 Manager may extend such leave, of absence. without pay, or seniority or, benefits for' an additional gr�nof he emt�loyee settdip fq'fth th-. reason for the revue taal id tl a tV roval""'t ube mwwrnt'' ' U on on period tten re uest P g� q Pp c�?�' g P onable enod o f t 1 J 'I"I' I d at the timerleav �fter n otice t o expiration of a r e ulaprl ya, rovebe reinstated°;m ,the posit e was anted. Y� � ' af� r eas g y pp �, � eave o r w rt m. return to duty, he ern to" ee skald- on hel" Failure on the art of an em lo. ort promptly, tl ee on leave to re �' " at its' expiration, or within a p P� y ., '. � p p p Y p � . reasonable time after notice to return, to dutyshall be cause for discharge. SECTION 29 ADMINISTRATIVE 'LEAVE Members of this Unit, will be granted eighty (80) hours ofYadrnimstrati� , leave, per fiscal year. uu ;. Employees hired after July st; °w ill b e e hgib'l'e f or a "pro=rated" a mount o f a dminstrative leave depending on their'date sof hire- The City shall pay"o- if any ur used'Administrative Leave, as of June 30th', to a maximum ,of forty (40) hours. Payment. shall be at ;the employee's base pay rate as of June 30th. This payment shall be made on the last pay -period .of the fiscal year. SECTION 30 JURY LEAVE Every, classified employee..'of the .City who is called ;or ,required `to •serve as .a trial juror shall' be entitled; to absent him-erselfm selPhty ` fro,his/her, duties with the '.Ci � during.. the periodof such service or while' necessarily being present. in court as, a 'result. of such call. Under such, circumstances, the employee shall be paid the difference between, his full salary and any.payment. received by him, except travel, pay, for such duty. This compensation _shall not extend beyond twenty (20) working days._- . 'SECT'ION 31 RETIREMENT The City of Petaluma's retirement plan under the California Public: 'Employees' Retirement System shall consist of the=follow_JpgJtems; " Miscellaneous -Employees: 2% @ 55. Options: 1`9,5.9S. urvrv_o _s,,Beneft (L`e'vel 3) Oar�inComn„eyeFalpensationA$ erage Unused.'Sick.Leave Credit. Military Service Credit Public Employees SECTION 32 - HEALTH AND' SAFETY:. y mployment: and a place of employment, which is, safe and healthful its emp for e steps to furnish 'e The City agrees that it as .t e obligation ' tot e reasona p to ees. . . 1.4 The Unit Members ,_may report to the .C'itya•ny condition; which,i t p ' e ves'to._b e a working condition; which is less than safe or healthful. Upon receiving such a report, the, City agrees to meet with the Emit Members to discuss the:reported condition. 'SECTION 33 - GRIEVANCE PROCEDURE' 33.1 Purpose of _Rule 1. To promote improved employer-employee' relations by establishing; grievance procedures on matters for whichappeal, or hearing -Is not provided by other regulations. 2, To afford: employees individually or through his/Iher recognized employee organization a systematic means of obtaining further considerati ri? of problems after every reasonable efforthas- failed to resolve.Ahem,through discussions. - 3. To•provide that grievances shall' b'e settled as near as possible to the point of origin: 4: To provide that appeals shall -be conducted, as informally,as possible. 33.2 Matters Subject To Grievan.ee,Procedure The`, grievance procedure shall be used toprocess' and resolve -grievances' arising. -,out of the interpretation, application; or enforcement,of the express terms -of this Compensation Plan: 33:3 ' 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 immediate, supervisor, if any; in the administrative service. 'Every eff"ort should" be made to find an °acceptable so'lution,by'infornial means of the lower possible level of supervision If the employee is not in agreement with the decision reached by discussion, he/she shall.•then have.'the right. to' file a formal appeal in writing -within ten ,(10) calendar. days after receiving the informal decision of his/her immediate superior. -An 'informal appeal shall not be taken above the:'appointing power. 3a.4 Formal' Grievance Procedure. (levels of review through. chain of command) 1:' First level of review. The appeal ,shall be presented in writing to the employee's immediate supervisor, who hall render, h'i's/her decision and comments in writing and return them to -the; employee, within five (5) calendar. days after receiving the appeaLlf 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 _the supervisor's immediate superior' Failure of`the`employee to •take. further action within five (5) calendar days affei,recept of the written decision of the employee's supervisor, or within the total of fifteen (15) 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: 15 employee within five 5'� calendar da s after g „ '`'.has been received withithe � employee does, p not agree with the decision 'orif ff no answer has b receiving th ( y e appeal. If ' nfive (5) calendar days; employee may ,present thea appeal in writing'to the department head.. Failur&-bf the employee; to take further action. within. five (5) calendar, days after receipt of the decision is rendered will constitute a dropping,.of,the appeal..., 3. Departmental Revie p _w. The "Department: Head ;receiving the' appeal of his/her designated representative. " should discuss the grievance with the employee; the, employee's representative, if any, and with other ,appropn'ate persons µ,The department head shall render his/her on and` comments in wntng,�and returin'them to^the employee within ten to 'calendar, da" ' g he appeal -If s after recevm t , the employee does not agree with the , yry no answer has `been received within ,ten j0) calendar days'affer receipt t of the ;decision. o decision reached .or i •p o'f f fifteen '(1,,Sµ) c alendar d ays if n o d ecision �i s r w ithin a total rendered, will constitute a,dropp'ing of the appeal. 4. City Manager. The City Manager receiving the appeal or,h s/his designated representative should discuss the grievance with the employee, his/,her, representative, if any, and with ervis onmor Personnel ,a fact-finding committee, other appropriate ,persons The City Manager y gn concerning,- the. a eal The � Ci 1vlana ger s Board. to advise him/her officer not in the, normal ,line of, su g pp g ender ua decision in writing to the employee within' twen ' 2;0 calendar days after rece1 „,. ty (� ') ° y `vmg.�theappeal. . Conduct Of Grievance Procedure. 1. The time limits specified above .may='be extended "to a definite `.date by mutual agreement of the employee,.his/her representative,• and'the: reviewer concerned. . 2. The employee may request the .assistance of another; person of his/her own choosing in preparing and presenting 'lusJher appeal at any level,'of review. 3. The employee and His/her representative may priuileged,to use a reasonable amount of work time as; deterrnmed by the;,', appropriate :'departmdimt' head 'in' conferring about and presenting the appeal. 4. Employees .shall be assu"red ,freedom from reprisal :for •using the grievance procedures. SECTION 3.4-.DISCIP><,INE PRQCEDURE When an employee has not met standards of professional conduct the, City .of Petaluma may impose the foll'owingAyp discipline: es� of disci A. Verbal Cbunseling B. Letters of'Counseling C. Corrective Written• Action, D. Suspension Wthout;Pay E. Red iction.in'Pay'; . 16. F. Demotion G. Disci plinaryProbation H. Discharge/Termination • Any authorized supervisor may irmiate and recommend discipline for cause against anemployee under his/her supervision in accordance'with these procedures. Verbal Counseling The City may :correct an employee with verbal counseling. There shall be no written notice :of verbal counseling placed in, an employee's personnel file. Letters of Counseling The City may correct an employee with, a letter.of counseling. The letter of counseling shall be placed in an employee's personnel file. .Emplgyees•,may ,request in writing to the D�epartrr ent Head with a copy to .the'Human Resources Office that letters of counseling which are 7two (2) or more years old 'be,destroyed when'. 1. The employee?s personnel file does .not contain subsequent i'etters of corrective action; and; 2. There., is no other current or pending corrective action at thetime the employee submits his/her request to the DepartmentHead. Corrective Written Action The City may correct an employee in written notice. The written notice shall include the basis for the correction -and by attachment any' other relevant documents. The employee may within thirty (30) 'calendar days, respond, to the; City; either in writing or orally to the notice before itis placed in, his/her personnel file. If the employee chooses„ s/he may prepare a written response and have t,placed.with the City's written correction`in his/her personnel file. There shall be 'no further appeal of a written correction. Employee Notice, of Proposed Discipline For discipline other than a written correction; the.employee. shall`receive a written notice of the discipline; the basis for the discipline; and by attachment other documentsupon which the discipline is ;based, along with notice of .the ,.right to respond, either in writing, or orally, before discipline is imposed. If requested by the employee in writing within °fourteen ,(1;4) calendar- days the City shall 'meet with the employee, °unless: a different date is set by mutual aagreement. Department, Head Review If the employee elects to respond to the .discipline, s/he shall either provide a written request to the City within seven (Z) calendar days of receiving the notice of discipline: The request maybe accompanied by a written position statement. 4-f tequested,; the Department Head shall°.convene a meeting within seven (7) calendar days of: receiving the; - request to review the empl'oyee's response and position before discipline is imposed. The employee shall; be: entitled to a representative of his/her choice;, provided that the representative shall not be directly involved in the events underlying the proposed discipline. At the meeting, the employee shall 'be provided an 17 u . informal opportunity to respond to the' discipline'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. the. discipline, the Department Head shall tissue a written notice with his/her decision. Appeal .,to the City Man g r or A iseipline a e dvisory' Arbitration' D' � More Severe Than Suspension ofFiye-Days. For discipline greater in severity"than a suspension of five'(5) working days, and other discipline other than written correction, ,the employee shall have the right to appeal the Department Head's decision to the City Manager or alternatively, the Member may elect to appeal the. discipline: to Advisory Arbitration before discipline is imposed. If the employee elects to .appeal the discipline to the City Manager, or if the Member elects to appeal the discipline to 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, e City Manager, within the fourteen (14) day time frame, the right of q t' is submitted. to th appeal is waived andahe discipline shall become final. City 'Manager Review If the employee elects to have.the City Manager reviewIhe' discipline, the City Manager shall convene a meeting to review, the emp`loyee's ,response and position before discipline is imposed. The employee shall ,be entitled to a'representative of his/her,-choice:At the meeting, the employee shall be provided the opportunity -to respond to the discipline and. to present any information for consideration by the City Manager., Fourteen. (14) calendar days after `the employee has been provided an opportunity, to 'resp,ond to. the discipline, tl e'tity .Manager shall issue a written notice with his/her decision.'The,City Manager's decision shall be final. Advisory Arbitration " As' a n a lternative the! e mp , lay eaect to' appeal' discipline, to Advisory Arbitration before lo:6y ee, m discipline is imposed. The arbitrator shall be selected ,from. a -dist 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 manner to be ' j ointly,agreed. upon by'the City andiemployee. The City and the employee shall. alternatively delete names from the list' The arbitrator so selected shall conduct -a hearing as expeditiously as possible at a time: and place convenient to the City and 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 may recommend an outcome,, but the fina_L'authority rests with the City Manager: Within days after .the hearing, the arbitrator shall submit in writing his/her advisory t�ecornmendat ons ' to the City Manager and the employee. EU? Within fourteen '(14) calendar -days of receipt of the arbitrator's advisory recommendations, the City Manager -,shall issuea final decision. The. City Manager's decisiori: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 bear its own attorneys' fees and costs. City employees' who are employed,,- "at -will," or who are temporary or probationary, are not subject to the requirement of good cause, and ar'e.not entitled to these discipline procedures. SECTION 35 PERSONNEL FILES 35.1. Personnel File:— Employee Review An employee. (or employee representative with written auth'orization_froin the employee) shall .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 inspection and review at a mutually, agreeable time between the employee and Hiiman.Resource office staff-memben 35.2', Personneffile —Review of Adverse. Commerits,Before•Entry In No employee shall have any ' comment adverse- to the employee's `interest entered in, the employee's personnel. file which maybe used for disciplinary action. without "the employee .having first'read and signed, or initialed the:, document containing the, a_dverse� comment. Except that entry, may be made if after reading the comment, the employee refuses to sign or initial the document, Should an employee refuse to sip or initial the document, that. fact shall `be noted on the; document and signed or:initialed by the supervisor. The employee.may write a.response to the !document: containing the adverse comments for.placement in the personnel. file. SECTION 36 -'PROBATION All .original, transfer, and promotional appointments shall, be subject to a probationary, period. The probationary, period shall be regarded as part 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 probationary, employee whose performance does not meet the required standards of work. The initial probationary period for Mid Management em,mployees .is twelve (12) months for hire; promotion, and :transfer. An employee's probationary period may be extended for:six (6) months on a case. -by -case basis based on, the performance= evaluation. Should an employee be on a fieave of absence without pay; 'theprobatioriary-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 right of appeal. 19 Any employee rejected during the.probationary period following a promotional or transfer appointment shall be discharged except as provided in Section Transfers and Promotions. Promotions of employees,still on: probation , •result in a new probationaryperiod for the,class into which the individual'was promoted. SECTION 37 = LAYOFF AND. RECALL Work Elimination Should the City decide, for l abor°c ost-control reasons, to permanently eliminate unit work by permanently .replacing existing unit, positions with contract, or" subcontract employees to do the same work under, similar conditions of `e mploymenf(", Work E lrnmaton"),, t he City agrees to notify the members fourteen (14); days prior to. implementation of the Work Elimination, in order to allow"; the members i6i meet and :confer with respect to the effects of. the ,proposed action upon the employees and to propose effective economical methods, if any,,by which such work could continue to be provided, by.the City's own employees. Layoff and Recall 37:1 Statement of Intent Whenever, in the judgment of the City". Council, it becomes ,necessary to abolish any position of employment "due toreorganization or- to separate employees due :to lack of work or funds, the employee holding such position or employment maybe laid off or demoted without disciplinary action and without the right of appeal. , 37.2 Notification Employees to be laid off shall be given,, whenever possible;, at -feast fourteen (14) calendar days prior notice. „ 37.3 Vacancy and Demotion „ Except as otherwise provided, authority shall first demote to 'a vacanc ,Ji an m a lower classifihe ,work force, the appointing p p ed, whe re is a reduction „in t who is the.. latest to be laid off in accordance with Section 33. for which the employee cation 6 is qualified. All persons so demoted shall have; their nameslaced on the re -em to ent.list p p � 37.4 Employee (Rights , p y d by layoff shall have the right to displace,, an employee in :the same _ em ,ee: lo, �La fecte" ;department who ,has le , ss-,seniontyin A lower classification in the, same.classification series or; 2)a lower classification `in which,the affected :employee once had re fig filar status. For the purpose of this section, and Section 33.5, seniority includes all periods of full. -time service at or above the classification level where the layoff is to occur. 37:5 Seniority • In order to retreat: to a formeror.lower, classification, an employee must have more seniority than at l east o ne (1) o f the incumbents i n t he retreat classification,,`be qualified to hold the retreat classification or have served in -the :retreat classification prior to the layoff and request 20 displacement action. in writing to the Human Resources Office within five (5) 'working days of receipt ofnotice of layoff. Employees. within each :category shall b .laid. off in rev:_erse: order' of seniority within the classification series. Seniority for the retreat classification would be the :combinati"on of time served (at or above) in the, layoff classification and. any prior time served, in the retreat classification, Ties will be broken'based upon seniority, of total City service Employees retreating to a lower or similar classification shall be placed at the salary step representing; the least loss of pay. In no case shall the salary be increased above that received in the classification from which the employee was laid-. off. Employees retreating to a lower or similar classification shall :serve a probationary period in the new classification unlessthey have- previously successfully completed a probationary period in thezetreat classification- or a higher classification in the series. 37.6 Employment Status In .each classification of position within the; competitive. service,, employees.. shall be 'laid off according; t -o. e mployment status in the following order: temporary, p rovisional, p tobationar ; and regular. Temporary, provisional, -and probationary employees shall -be laid off'according to the needs._gf' the service­asdetermined,bythe appointing authority. �. 37.7 Re;=Employment List The names "of persons laid off or demoted in, accordance with these rules shall be.:entered upon a re' -employment list. Lists' from different "departmerits or at different times for the same classification of position shall' be combined ;into a single list. Such list shall be, used by",every appointing authority when a vacancy arises in, the same or lower classification of position ;before certification is made from an eligible list. 38:8 - Duration of,Re-Employment List Names of persons laid.off shall.be carried on axe=employment list for two (2) years' SECTION 39 - ALTERNATE WORK WEEDS The City agrees to consider reasonable "alternative workweek programs proposed by the members. Such proposals . L. ., 4 day workweek, flex scheduling, 9/80; job' sharing) ,may be considered on, a case by cases basis by the City. However, the decision as to whether and when„ 'i f at. a'l ,, to implement sueh alternate -programs, the operation, of such programs,'and the ability to modify andlor terminate such programs,.is left exclusively -with the"City. 21 • SE CT,ION•40-'TRANSFERS'AND°PROMOTIONS An employee whotransfers or „promotes to another City position shall, fora period of six (6) eat to the ' ob class months -,be entitled to retr ification. formefl held, 'as long as that position is currently � p y job not be subject to,anothe'r probationary period, so long as he employeeflhas successfully to e completed probation:in the pre promotional classification.. SECTION 41 PERFOIt1VIANCE EVALUATIONS 41.1 Performance evaluations are a process designed to acknowledge .the performance of an employee. 41.2 A .probationary employee shall receive of 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 evaluationin the employee's personnel file. The contents of a performance evaluation shall not be subject :to the provisions of the Grievance Procedure of this agreement. 22 Exhibif.A , Salary Table Unit'9 Effective 'July'7 ,20'03, Yn'h iYrh i3 x3 ^k+U Step h tep Step , $tea i Step Accounting Manager" ' '$ 37.01 $38.85' $40.80 .$42.83 Accounting Office Supervisor $25.77.. $27.06 $28.41 $29.83 $31.32 Animal Services.Manager '$28.24 $29'.64 $31.13 $32.68 $34.32 Assistant Director of Con iftlihity Development $44:65 $46:78 $49.12 $51.58 $54.15 Budget Grants/Proj'ectManager $36.03 $37.82 $39.71 $41:70 $43.79 Building Maintenance Supervisor $28.24 $29.64 $31.13 $32.68 $34.32 Chief Building. Official $37.64 $39.52 $41.50 $43.57 $45.75 Ci Engineer City g� '� $4,4.55; $46:78, :$49:12. $51.58 $54.15 Commercial Services Manager $35.24. $37.01 $38.85 $40.80 $42.83 Controller $'3.5..74. $37:52 $39.40 $41.36 $43.43 Engineering Manager, $44.55- $46.7,8 $49.12 $51.58 $54.15 Engineering/Traffic,Manager $44.55 'V6.78 $49.12 $51.58 $54.15 Executive Assistant t& City -Manager $25.15° _ $26.41 $27.73 $29..13 $30.57 Geographic Information Systems Manager $35.24 _ $37.01 $38.85: $40.80 $42.83 Housing Administrator, $37.64 $39.52 $41.49 $43.56 $45.75 Prt Manager$3'5.24 Housingo j ec $37.01 $38.85 -$40.80 $42.83 Information Systems',;Manager $3'5.24 1 $37.01 $38.85 $40.80 $42.83 Interim.Human Resources.Manager $3;5.24 ! $37.01, $38.85 $40.80 $42.83 Legal Secretary„ „" $2`4 62 „- $25:87 $27.16 $28.51 $29.94 Park `1Vla ntenarice' Snpervisor $28.24 $29.64` " $31.13 $32.68 $34.32 Parks & Landscape Manager, $-3(,.03 $37:82 $39.71 $41.70 $43.79 Planning Man ager$37.64 $39.52 $41.50 $43.57 $45.75 Principal Planner $3,5.21'4.,,,, $37.01I.:$38.85r $40.80 $42.83 P;,ublic Facilities Manager $36.03 $37,.82 $39.71 Ii- $41.70 '$43.79 Public SafetY Communication Manager $335.24 „„ $37.61 $3.8.85 ;'"W.'80 $42.83 Public Works Manager $28.24 : $29.64 $3.1 13';. ,. $32':68 $34.32 Recreat'9n Supervisor $27.20 $28 5,7 $29.99 $31.49 $33.07 Re development Program Manager :$37.64 $39.52 $41.50 $43.57 $45;75 Redevelopinenf Project 1V1 anager $3'5.24 $37.0;1, $38.85 $40:80 $42.83 Risk Manager $35;.24 $3.7.01 $38.85 $40.80 $42.83 Senior"Accountant $31:71 $33.29 $34.91 $36.71 $38.54 Senior Planner $31:71 $33.29 $34.97 $336.71 $38.54 Senior Redevelopment Program Manager $44:55 $46.78 $49.12 $51.58 $54.15. Shelter Supervisor .$1:8:58 $19.51 $20.50 ,,` $21.52 $22.60 Supervising Ciwil Engineer $44.55 $46.78 $49.12 $51.58 $54.1'5 2.3 Traffic Engineer $44.55 $46.78 $49.12 .$51-.58 $54.15 Utility Engineer $44.55 $46.78 $49.12_ $51.58 $54.15 Utility Maintenance/Operations'Supervisor ,$28.24 $29.64 $3113 $32.68 $34.32, Utility. Manager $3:6:03 $37;82 $3,9.7.1 $41.7.0 $43.79 Water Resources & Cons. Engineering Manager $44:55 $46.78, $49.12 . $51:58 $54.15 Water System Supervisor $28.19 $29.60 $31.08 $32.62_ $34.26 Effective July 5, 2004 s' 3 -A. Pilo Accounting Manager $36:33 $38:12 $40.02 $42.02 $44. If Accounting Office Supervisor $26.54 $27:87 $29•:2`6 $30.72 $32.26 Animal Services Manager' $29.09 $30.53 $,32.06 $3'3.66 $3,5.35 Assistant Director of Community Development $45.89. $48.18 $'S0.59 $53.13 $5`5.17 Budget Grants/Project Manager $37.11 $38:95 $40.90 $42.95 $45.10 Building Maintenance Supervisor $29.09 $30.53 $32.0.6 $33.66 $35:35 Chief Building Official.. $38:77 $40.71 ;$42.75 _ $44.8 $47:12 City Engineer $45:89 $48.1,8 $50.59 $53.13 $55:17 Commercial Services Manager $376:33 $38.12 $40.02 $42.02 $44.11 Controller $36.81 $38:65 $40.58 $42.60 $44.73' Engineering Manager $45:89 $48:18 $50.59 $53:.;1.3 $55.17 Engineering/Traffic: Manager $45.89 $48:118 $50:59 , $53:13 $55.17 Executive Assistant'to City Manager $25:9.0 $27.20 $2,8.56: $30;00 $3.1.49 Geographic, Information Systems Manager $3.6.33 $38.12 $40..02 $42:02 $44.11 Housing, Administrator $38.77 $40.71 ;$42.75. $44.88 ;$47.12 Housing -Project Manager $36.33 $38:12 $40:02 542.02 $4;4:1.1, Information Systems Manager $36.33 $38.12- $40.02 $42.02 $44.1:1 Interim HuinanRes'ources,Mariager $36.33' $38.12 $4002 $42:02• $44:11. Legal Secretary$25.3'6 $26.65 $21.971 $2932. '$30.84: Park. Maintenance ,S'u ervsor p $29.09 ` $30.53 $32y0'6 $33.66 $35 35 Parks & Landscape Manager $32.11 $38.95 $40.90 '$42,9 $45'.10 Planning Manager $3;8:77 $40.71 $42:75 $44.88 $47.12 Principal Planner, $36.30 $38.12 `$40 02:_ $42.02 $44:;11. Public Facilities Manager $37:11 $38:9'5 $40,90,-$42:95 $45.1,0 Public Safety Cornmunication Manager $36.33 $3'8.,12$40.02 $42.02, $4411 Public Works Manager $29.09 $30.53 $32.06 $33.66 $35:35 Recreation Supervisor $28.02 $29.43' $30.89 $32.43 $34.06 Redevelopment Program Manager $38.77 $40.71. -$42.75 $44.88 $47.12 Redevelbpment Project Manager $36.33 $38.,12 $40.02 $42.02 $.44.1.1 Risk 1Vlanager. $36.33' $38.12 $40.02 $42.02 $4,4.1'1 2,4 0 * Senior Accountant$3266 . $34.29, $36.02. $37.81 $3.9.70 Senior Planner, w:,° $311:66 $34.29 $36.02 $37.8;1 $39.70 Senior Redevelopment Program Manager ., ,$45.89 ". $48 V18 $50.59 $53.13 $55.17 Sheltera,Supervisor $20.10 $21.12 $22.17 $23.28 Supervising Civil Engineer' W.8-0 $48.1'8. $50.59 $53.13 $55.17 Traffic Engineer $45.89 $48.,L8 $50.59 $53.13 $55.17 Utility Engineer $45.89 $48.1,8 $50.59 $53.13 $55.17 Utility Maintenance/Operations Supervisor- $29.09 $30.53` $32.06 $33.66 $35.35 Utility Manager � $37.11,. $38:95 $40.9.0 $42.95 $45.10 Water Resources &Cons`..FEngineering;Manager� $45.89 $48.18 $50.59 $53.13 $55.1.7 Water Systerr Supervisor; ;$29.04 $30.4`9 $32.01 $33.60 $35.29 25