HomeMy WebLinkAboutResolution 95-161 06/30/1995-.,
Resolution No. 95-161 N.C.S.
of the City of Petaluma, California
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RESOLUTION APPROVING SALARY AND SUPPLEMENTAL WAGE BENEFITS FOR
EMPLOYEES IN UNIT 3 (CLERICAL/TECHNICAL)
WHEREAS, the City, through its duly authorized
representatives, and the American Federation of State, County and
Municipal Employees (AFSCME) through its duly authorized
representatives,. have. concluded their mutual obligation to meet
and confer in good faith with respect to terms and conditions of
the Meyers-Milias-Brown Act and the City's Employer-Employee
Relations Rules and Regulations (Resolution No. 5512 N.C.S.); and
WHEREAS, the duly authorized representatives of the
City and the American Federation of State, County and Municipal
Employees (AFSCME) have executed a Memorandum of Understanding
pursuant to Section 15, Resolution No. 5512 N.C.S. and recommend
its approval by the City Council; and,
WHEREAS, the City Manager, pursuant to Section 28, City
of Petaluma City Charter, .and as the City's Municipal Employees
Officer (Resolution No. 5374 N.C.S.) is required and empowered to
make a recommendation to the City Council on matters related to
employees' compensation, and,
WHEREAS, the City Manager has reviewed and concurs with
said Memorandum of Understanding for Unit 3 and does recommend
that the City Council ratify said Memorandum of Understanding.
NOW, THEREFORE., BE IT RESOLVED that said Memorandum of
Understanding, being in the best interest of the City, is
ratified and the terms and conditions of said memorandum of
understanding (as attached) shall be effective July 3, 1995,
until June 30, and from year to year thereafter unless written
notice is given by one party to the Agreement as set forth in
Section 3, Paragraph 2.
Under the power and authority conferred upon this Council by the Charter of said City.
:EFERENCE: I hereby certify the foregoing Resolution was introduced and adopted by the Approved as to
Council of the City of Petaluma at a ~J~78fQ1 (Special) meeting fo
on the ._._.3.Q.1;iL........ day of .............d1.lRt'........_.-...............:-------..., 19..x.`1.. by the ~ -.
following vote: .............. - -- -=-,.._..------.....
' ~ City Attorney
AYES: Maguire, Barlas; Stompe, Hamilton, Mayor Hilligoss
NOES: None
ABSENT:
ATTEST:
CA IU-95
Shea, Vice~;M~ or d
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City Clerk
Qo~mol File ..............
kes ~~...... g~-~ 6 f .. v ~ 5
UNIT '3
MEMORANDUM OE'UNDERSTANDING
FISCAL YEAR. 1995/96
1~eso~ q5-ICI NC..S
TABLE OF CONTENTS
Preamble
General.
$S$OCIATION MATTERS
Section 1. Term of .Agreement
Section. 2: Recognition
Sect'i'on '3: Dues Deduction
Section, 4. Union
Representatives
Section. 5. .
Access, To Work Location
Secton• 6. 'Use Of, City Faclt
e
s
Section. 7. _
_
Bullefin Boards
Section 8. Advance Notice.
Section 9,., City Rights
Section, l'0. Non Discrimination.
Se_cti"on Tl. List Of Employees-
COMPENSATION
Section 12. Salary
Section T3. Retirement Contributions
'Section 14. Overtime
Section 15. Stand By Pay
Secton :l6';. Out of Cla"ssification Work
Section I7. Payment For. Work, During Leaves
Section 1'8. Compensation, For .Clothing
Section 19. Vacation, Payment At•Termnaton.
Section 20. Sick Leave, Payment Of
Section 21. Deferred :Compensation
Section ,22. Retiree Benef-it Eayment
INSURANCB
Section 23. Health. Insurance
Secton •24. Dental Insurance
Section 25. Life Insurance
Section 26. Disability ;Insurance
Section 27. Vision Insurance
LEAVE
Sect-ion 28. Vacation
Section .29. Sick weave
Section ,30: Bereavement Leave
Section 31. Hol-days
Section 32. Military Leave
Section X33. Leave Of Absenee':Without'Pay
Section 34. Compensatory Time Off
Section :35. Jury Leave
Section 36. Family Medical Leave Act
...
OTHER:
Section 37. `Retirement
Sectpa 38. Hea^1`th And Safety
Section 39. Grievance ;Procedure
Section 40. Discipline; Pr-ocedure
Section 41-. `Personnel Files
Section 42: Probation
Sect"ion 4`3. ILayofB And Recall
Section 44'. Alternate Work Weeks
Section 45. Transfers And .Promotions
Secti'om. 46: Performance Evaluations
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GENERAL
Section 1. Term of Avreement'
This M0U shall be a€fective for a one (1) year term for the
fiscal year commencing July 3, 1995, and ending June 30, 1996.
Section 2. Recognition
2.1. City Recognition:
The Municipal. Employee Relations Officer of the City of
Petaluma of any'"person or: organization duly authorized by the
Municipal Employee Relations"Officer', is the representative of
the City of Petalumay hereinafter ref erred~to as the "City" in
employer-employee relations.
2.2. Union Recognition
Subject to the statutory rights of self-representation under
Government Code section 3503; the American Federation of State,
County and Municipal. Employees, Local 3910A, Unit 3, hereafter
ref erred. to as the "Union,°'is.the recognized employee
organization for the non-confidential positions listed in Exhibit
nA ~r
Section 3. Dues Deduction
Payroll 'deductions for membership dues shall be granted by
the City to the Union in accordance with the terms of this
paragraph.
The following procedures shall be. observed in the
withholding of employee earnings:
(a) Payroll deductions shall be ;f or a specific amount and
uniform as between employee members of the Union.
Payroll deductions shall be limited solely to
.membership dues. Dues deduction shall be made only upon.
the employee's written authorization on a payroll
deduction form provided. by the Union and 'approved by
the City.
(bJ Authorization, cancellation br modification of payroll
deduction shall be made upon forms provided or approved
by the.Cty Manager. The voluntary payroll deduction
authorization shall remain 'in effect 'until employment
_ .. _ _
with the City is terminated. or until canceled or
modified by the employee by written notice to the City
Manager. Employees may authorize dues deductions only
for the Union certified as the recognized
representative of the unit to which such employees are
assigned. Any dues deduction authorization will
,_
This Memorandumlof Understa
P y_ riding is entered into_ pursuant to
the rovisi'ons'of the Me ers Mllias,;Brown Act, Seetiori 3500 et
seq. of the Government Code of the State of California..
The.parties'have met and conferred in good faith regarding.
wages; hours and other terms+an3 conditions of employment-fb the
employees in said representation unit, ,and have fieely exchanged•
information, opinions, and 'proposals and have reached agreement on
all matters-relating to the: employment conditions and'
employer-employee relations of such employees:
This Memorandum of Understanding 'shall be presented to the
Y Y
adtustmentsrfor the artiesffortsala gaandyempllnt recommendation
4n P oyee benefit
J period commencin Jul 3 1995, and ending
June 30, 1996. '
~e:so; G S - I In l o~1.CS
1
automatically terminate"in the event that the Union's
status as excPus-ve representative for the bargaining
unit members terminates.
(c) Amounts deducted and withheld by the City shall be
transmitted to the officer designated in writing by the
union as the person authorized to receive 'such funds at
the address specified.
(:d) The employee's earnngs'must be sufficient, after all
other required deciuctYons are made, to cover the amount
of the deductions herein authorized. When an employee
is in a non-pay status for an entire pay period, no
withholdings wil'1 be,'made to cover that pay .period from
future earnings-nor will the employee deposit the
amount with the City wkiich would have been withheld if
the employee had'been in pay: status during that period.
Sn the case o'f any employee who is in anon-pay status
during a"part of the pay period, and the salary is not
..sufficient to .cover the full withholding, no deduction
shall be made. In thi's connection, all other required
deductions have priority over the Union dues deduction.
(e) The Uriion agrees to indemnify,;, defend and hold the City
harmless against any claim made and against any suit
initiated. against the City on account of checkoff of
Union dues..` Iri addition, the Union shall refund to the
City any amounts paid to it in error upon presentation
of supporting evidence.
Section 4. Union Representatives..
City employees who are official. representatives of the Union
shall be given reasonable time off with pay to attend meetings
with management representatives., investigate grievances, or be
present at hearings where matters within the scope of
representation or grievances are being considered. The use of
official time for this,.purpose shall be reasonable. and shall not
interfere with the performance of City services as determined by
the City. such employee representatives shall request time. off
from their respective supervisor and coordinate work schedules.
Except by mutual agreement,; the number of employees excused for
such purposes shall not exceed three '(3), However, in order that
any given departtmenf not be unduly burdened by the. released time
requirements., in no .case shall more than one representative from
any particular job classification,in the same Department be
allowed released time pursuant to this section at any given time.
Tf two or more employees request to be excused from any one
department pursuant to this section., the release shall be subject
to the approval of the Department Hea& or his/her designee,
No employee other than .an officiai representative on
released time pursuant to this provision shall attend to or
conduct Union business while on duty, nor shall City equipment be
Reso. g s-i c~ i i~CS 3
utilized for-such matters except as specifically authorized by
this MDU.,
Section !5. Access. to Wor-k .Location
Reasonable access to, employee work locations shall. be
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granted ,officers of the Union and their officially designated
representatives fbr; the purpose of processing grievances or
:.contacting members. of the Union concerning 'business within `the
scope of representation. Such officers or representatives shall
notify the'City Personnel',Director; or his designee prior to.
entering onto City premises for'such purposesc Access shall be
restricted sofas riot to :nterfere:with the ;normal operation of
the depa=tment or. with established'safety or security,
requirements..
Solicitation .of membership and activities, .concerned with the
internal management of'the Union, such as.collectiiig dues,
holding membership meetings, campaigning. for office,, conduct-ng
elections and 'distributing literature, shall not be conducted
during, working hours..
Section 6. IIse of Ctv Facilities
City employees or the~,Unon o=Their repe"sentatves may,,
'with the prior approval of tfie Personnel Director-., be granted the
use of Ci`ty~non public access facilities. during non-working. hours
fore-.meetings of City employees provided. space:is available;. All
such requests 'shah state the purpose ,or purposes of`such
<meetings. The use of City equipment other than items norms-lly
used in the conduct of business meetings, such as desks.,. chairs.,
and blackboards is strictly prohi~baited, the 'presence of such
equipment in approved City facilities fnotwithstanding.
Secfon-7. Bulletin Boards^,
:The Union may use portions of City `bulletin boards under the
following conditions..:
1. All material must be dated and must ident-fy tfie
Union.-Gha't publ-istied, them.
2. Unless-special arrangements are made., materials
posted wi1T be removed thirty (30) days after the
date first posted.
3. The City reserves the bgYif to' determine: where'.
bulletin boazd`s shall beyplaced and what.por-tion
of them ;are to be allocated' to Unoii mate==ia~l's.
4. If the: Union does not abi'de'by these: rules:; it '
will forfeit its right. to have material posted bn
Ct"y bulletin boards.
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t a
Section S. .Advance Notice
Except. in cases ofdeclared emergencies, reasonable advance
written notice shall be gven'fhe Union of any ordinance, =ule,
resolutibn.or regulation directly relating to matters within the
scope of. representation proposed``to be adopted, by the City
Council and shall be given the opportunity to meet and confer
prior to adoption.
In cases, of emergency when the City Council determines that
an ordinance., rule, re"solution nr'regulaton within the scope. of
representation must, be 'adopted immediately without prior notice
or~meeting and'conferring,with the Union; the City agrees to meet
and confer within a reasonable and practical time after the.
termination of the eme=gency situation.
During the course ,qf such declared emergencies, the .City
shall Have the sole discretion to act as may be required during
the course o'f the emergency to ensure the provision of what it
determines to be adequate."and necessary public service,
including, if necessary;- the authority to 'temporarily suspend any
provision of this MOU. Upon the termination of said emergency,
the terms and conditions of ,'the existing Memorandum of.
Understanding will again become .effective,
Section 9. City Rights
It is the right of the Clay"to make:deeisons of a
managerial or administrative character including: decisions on
the type., extent and standards or services performed, decisions
on the methods," means and personnel by which the City operations
and services are to be conducted; and those necessary to .exercise
control over "City government operations in: the most efficient and
economical manner practicable and, in the best interests"of the
City residents.. All managerial functions and rights to. which the
City has not expressly modified or restricted by specific
provision of this MOU shall Yemain with the City.
Section 10. Non Discrimination
The. City 'and the Union agree to apply'.the 'terms of this
Agreement. without discrimination as to, age, sex, sexual.
preference., religion, race„.color, creed., national origin,,,
marital•status.,. Vietnam Veteran status as defined by applicable
state and/or federal law and/or because of an employees
participation or non-participation in those activities recognized
by applicable law as legitidate.Union activities.
Additionally, insofar as the,"Americans with Disabilities Act
may requre.accommodaton for individuals ,protected under the
Act, and because these accommo3ations must be determined on an
individual:, case-by-case basis, tkie parties agree, that, subject
to the limitations imposed 'by this paragraph, the provisions of
Reso• G5 -I(y~ TICS s
the Agreement may be disregarded in order for'the City to avoid
discrimination relative to hiring, promofion,, granting
permanency,'trahsfer,,, layoff,, reassignment, termination, rehire
fates' of pay,, job and. duty eLassif-icaton, senior-ity, leaves,,
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fLnge;benef`ts, training opportunities:, hours. of work or other
terms'and privileges or'opportunities;:, The. Union recognizes and
agrees That. the City has the'.Legal obl'gat-ion to meet with tfie
individual.employee to be accommodated"before any, adjustment is
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made in working conditions: However, the City agrees to notify
the Union prior to implementat'on"of~an.accommodaton,program
that will,signifcantly alter fhe termsan3.conditions of ofher
bargaining unit employees'' employment, and fo •meet' and confe_r_
upon request in, those instances: The, Union understands and..
agrees that, in agreeing to~meet ih such 'instances:.;: the City may
take those 'steps reasonably"necessary `in the circumstances to
protect indiv-ideal employees' rights. to privacy and 'rights to
confidentiality of medical,informatson.
Section T1: Iist of Employees.
The 'City agrees to annually furnish the Union with the
names, classi•ficatons,, an_d'-dates-of hire for al-l members of the
unit 3'bargainng unit n0 Water than:aeptember.
COMPENSATION'
section 12. Salary '
The City shall adopt+the foil"owng,sal'ar-y ranges for each of
-.
the employees, sn the following "class2f-icatoh's during tkie term of
this compensaton~plan.
UNIT 3 (,CLERICAL/TECHNICAL)
'Accounting Assistant h $11.19 $11.75 $12.33 $1k2.95 $13..60
Accounting"Assistant IT 19.37 14.04 14`..74 1`5.:47' 16...25
Administrative' Intern 12. T9 12.80 13..,4'4 14.11 14.182
Administrative :Secretary '14.29 15.01 15.`76 1'6..-54, 1'7.>37
Asst. In Civil.Enginee"ring 38.50 19.43 20..40 21.4'2 22:49
Asst. In Traffc•Engineerng 18.$0 19.43 20,.:40 21.42 22.49
Building 'Inspector rI 15.45 16:22 17,.,03 17~.j88 1'8'.:78
Building Inspector ;II 18.85 79:79 20:'78 2L~:82, 22:91
Engineering; Technician I 10.46 10:99 11:.:5'4 1"2:.'11, 1'2,.72
Engineering Technician II 76.02r 16.82 17.66 18:54. 19.,4.7
Mail 5ervice'Ass stant
9.45
9.92'
10:42 _.
10c94
'T1::49
pffice~•Assstant ~I 9:45. 9.92 10,.42 T0:94 11.49
Office ;Assistanf IP 11.4Z' 12.04 12,.;65 13::28 13.>94
Planning Technician 12•.50 13.12 13'..78 14.4`6 15.19
Police: Records
Assistant I 9.4'5 9:92 T0:42 1;0;.;94 i1-. 49
_
Police °Records Ass~i"stant II" 11:47 12.04 12.:65 13.;28 1`3'.'.9;4
Public`WOrks 'Inspector 19.31 '20.27 21,.29 22.3'5 23:.;47
Secretary 12 O1 12.61 13..24. 13.90 14,:60
Senior Planning Technician 170:1 17:86 18-.75 19.•69- 20.;68
Effective January L; 1996 there•wi'1T"be a 2$ salary adjustment'.:
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Section T3. Retirement Contr-butions
The percentage of each employee's PERS contribution'
previously paid by the City ;pursuant to the 'Compensation. Plan as
the Employer Payment of Member Contribution (EPMC) shall instead
be paid to; the employee who ,shall then pay that amount to PERS.
For purposes of wthholdrig~, the City shall defer that portion of
the employee's contribution. paid to PERS through Section
414(h)(2') of the Internal 'Revenue Code ,pursuant to City of
Petaluma Resolution 9,0-363'. Therefore, for calculation of base
salary at, retirement,-the employee shall now have an ..increased
base salary that will include the total. amount of the employee's
contribution to PERS .previously paid as EPMC. The employee's
contribution will be withheld from the employee's pay by the
City, and the; City .will make the .employee's. payment of the
employee contribution directly to PERS on behalf of the employee.
The employee may not make an election to take this amount in
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salary and/o?' to make the payment to PERS. The tax exemption
does, hot apply to FICA/social security. The following is an
example of the application of IRC 414~(h)(',2) as applied to
miscellaneous employee. "
An employee makes. $3,000 per month.-base salary. Under the
prior contract the employee was not respohsible for paying 7$ of
the required Z%, employee'contributom_ The City was responsible
for paying 7~ ($70.00), which was a City responsibility that was
in addition to the $1,000 base 'salary..
Under the 414(h)(`2) method; 'the EPMC: will revert to salary
and the employee's base. salary will now be $1:,070. Of this., 7%
(approximately $75,:00).wll be paid to'P,ERS from the $1,070. The
full 7~ will be tax exempt and this means the employee will pay
taxes on $995.00,.
Section 14. Overtime
14.1. General. All hours worked in excess of eight (8) in
any one dag or in excess of forty (40) in any work week shall be
compensated for at the overtime"fate which shall be one and
one-hal€'+(1.5') times the regular rate of pay'; provided, however,
that -ih the event an employee is, required tb work overtime
without a break in excess of 4 hours beyond the end of his/her
regularly scheduled workshift,, the employee shall be compensated
for those excess hours at the overtime rate. of two (;2 :0) times
the regtiilar.rate of pay., Overtime shall only be worked after
having received prior authorization by the department head or a
managerial. supervisor. FoY:triose employees that work an adjusted
work week through the Voluntary Reduction in xours Program.,
overtime will be based on the signed Agreement between the City
and the Employee.
~esO. G5-ICoI NCS
This sect=ion"does not apply to those individuals on the Voluntary
Leave Program,. Overtime for these employees shall be paid
according to the terms of the Voluntary Leave Policy:
14.2. Minimum.. Any employee required to work overtime
shall., in no case, be compensated for ,less than one: hour for such'
overtime.
1:4,.,3. :Minimum for Callbacks. Ang,employee;requred'to
return to work on an unscheduled, emergency basis after the end
of the employees working day; shall „in no case, be compensated
for less than. two:Yiours,for such,o`vertime.
Section 15. .Stand By
If., in an emergency `s'tuaton,:an employee rn.thi`s unit is.
asked, to leave work before the end of h_s/he_r scheduled work,dag
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with-.'the expectation that, he%she.wll be called back. to work, to
_, _ __
finish the remainder"of their work day at a 'later time, but-;the
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employee 'is '.not in fact called back-°to work that day,; the Cify
agrees to compere"sate 'the employee for the fulY normal working
_ _ __
day.. In exchange, up untl,the;time that the'employee's;regular'
shift is scheduled to end;; such employees will`be,on stand by
status,, without any entitlement to-any extra compensation.
Except•'as~so specified,, employees n_-'this unit are not pegpred
to ;work on a standby basis.
'Section. 16:. 'Out of Classif-icaton Wo=k'
,An employee, holding 'a classi'fi'ed position may temporarily be
assigned, the duties of another position in a higher
classification. An, employee a"ssi:gned to a position at an equal
or lower class~ficaton•shall remain at fhe current rate .of-pay.
Any employee required to work an a higher classification for more
,_.. _
than two consecutive ;work:'weeks will 6e ehtitled to, be
.: - ,..
compensated at either the. next higher step ,in they class'if'"cation
to which he/she is assigned or a 5% increase, whichever's
greater;•foi.aTl hours worked over and: above`-the :init'al two'week_
period. For purposes of calculating the two, week period after
which the employee wYlI be eligible for out-of.=class pay, time
worked over the .course of the year at different intervals shall.
not be accumulated.
Section 17. Pavmerit for Work-During Leaves
When ,it becomes necessary because.•of an emergency to have
employees. work during legal hol'•idays or during scheduled vacation.
leaves:, such employees wo"rking,on such legal holidays and'durng
periods of vacation shah 'be entitled to receive ;additional
remuneration;. at the rate of one ;and one-half times fhei~r r-egular--.
rate "of' pay: ,
8
Section 18. Comoensati~on-for-Clothin
18.1 General -The City Manager is authorized to provide
compensation to City employees for loss or damage to their
clothing which occurs during-the course of carrying, out an
official duty. A request for compensation hereunder shall be
submitfed'in writing„ in':detai'1, to the City Manager via the
department head cohcerned. The amoun£ of compensation, if any,
shall be at the discretion of the CtylMahager..
18..2.. Workboots The City°+shalY,pay,50o up to a maximum of
$75.00 per Fiscal Year 'for'safety work boots upon receipt being
provided to the Personnel .Office. Each employee covered by this
section upon completion'of his/her initial ~p'rokiationary period
will be credited the above amount and may draw down through the
submittal of ihvoices to the City.
Section 19. Vacatom;`Payment..at .Termination
Employees who terminate employment 'shall be. paid in a lump
sum for all-accrued vacation leave earned prior to the effective
date of termination not to'exceed two (.2) years accumulation.
Section 20. Sick Leave... Payment of
In the: event of the death or ,retirement of an employee who
has completed' ten (1'0) or more years. of continuous service with
the City, the employee skull be paid'or shat°1 receive to his
benefit fifty percent (,500) o'f his accumuSated but unused sick
leave not fo exceed"480 hours. The employeeimay elect not to
receive this benefit and'insteac3 place all sick leave hours into
the PERS sick leave conversion Beneff.
Section 21. .Deferred Compensation
The City of Petaluma:. shall :make' ava'i`lable to the members of
this unit the City's Deferred Compensation Plan.
Section 22. Retiree. Benefit Payment
RETIRED Employees:. An employee with twenty (20) years of
service and who is: age 50 or older and who retires. on a service
retirement during the term of .this agreement, will be eligible
for $95._00 per month beginning on the retirement date. The
payment will decrease in the amount of $5.00 per year. to $0.00
after ,20 years if the. retred'employee'continues in the PEMCfiA
plan as a retiree. Should the retired employee not continue in
the PEMCHA plan; he/she will be e_Ligble for the full $100.00.
It is the responsibility-of the retiree to notify the City in
writing that he/she snot being covered by the PEMCHA plan and
the City will commence ;payment of the'$100..00 at the beginning of
the month following the receipt of written notice by the retiree.
~e,so. ~ S-~ ~ ~ ~1CS
.INSURANCE
Section'23. Health -Insurance
23.1 ACTIVE `Einpl'ovees~ The City shall participate. in,-the
Public Employees' Medical-.Health Care. Act (EEMCHA) fbr-members of
Un£ •3 .. The premium'.paid. by the City toward'thYS program shat-l;
be in the amount of `$.100.00 .per month, per employee:
23..'2 .Other-Health 'and Welfare Payments
•
The•City sha'T"1 provide'ao'the acti;ve_members of Unit 3
ad`dit'ional monthly health and welfare payments,equal tfie:PEMCHA,
Health Plan of'the Redwoods premium amounts 'less'$100'.AO.
.Section 24. ,DentaL'Insurance
The City shat"3. provide .for, a; group ~Delfa .Dental Insurance
Program:for City employee and dependents 'in this; Unit.
Additionally-, the City shall coritr=ibute'toward an Orthodontist.
plam'$1-J000 per child at a 50~,co-.payment rate.. The City shall;
pay, during the per-i'od of -this Compensation ;Plan the f:ul'1 premium
toward the City ,group dental nstiirance coverage program.. The
City will pay a maximum of $T4 per month towards the dental plan.
Section'25. Life Insurance
The'- City.shal'1 provide for; a group term T+fe insurance
program.~for City' employees in 'this Unit. The 'City sria1T.^pay,
during, the course of the Compensation, ;Plan, the insurance'premum
towards employee, only coverage for such insurance in'the;
;principle sum of $25,000 per-employee. .
Section;26. Disability Insurance
26 .r1 ,Short-Term D~sablity` Insurance
The City. agrees that employees in ;this unit may;, on a, purely
voluntary basis and' at their bwn -expe'n'se.., -participate in. AFLAC,'s
short-term disability insurance:,, as Long as the number of
employees electing°'to parttcipate, in the program 'meets the,
,•._•.
minimum, participation standards set by ,the carrier.
26.,2 Lonq-Term "Disability Insur-ance
The City shal`1 provide fora long,-term,disabiFlty plan-~ with
the premium to ;be paid for-,by trie City.
Secton'27. Vision Insurance
The Gity shall provide a Vision Plan for empl"oge"es and
dependenfs. The: premium shall be pasd for by the Ci-ty.
~• J lp.
LEAVE
Section 28. Vacation
28.1_ .:Amounts`.. All'regulai employees of the City of
Petaluma,, after working one ful yea= are entitled to the
equivalent of eighty {80) hours of.vacatioh with pay in the year
following tfie year in which vacation is earned.
All regular emplogees of the City of Petaluma, after five
(5) years of continuous service :.with the:Gty, and beginning with
the sixth year:, shall be entitled to the equivalent of one
hundred t_wentg (120) hours of vacation per year. After ten (10)
years of continuous service with the City, eight (8) hours of
vacation shall be added for each year of continuous service to a
maximum of two hundred (200) hour's of 'vacation.
28.2,. Voluntary Leave Plan. Accruals'urideY the Voluntary
Leave Plah shall be 'prorated to the work week equivalent hours.
28.'3 Scheduling. The times during a calendar year in which
an employee may take•his/her vacation shall be determined by the
department he"ad,ciith 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
part or ail `of his annual vacation in a, particular calendar. year,
such vacation sha11''be taken during the following calendar year.
-28:4. „Deferral. Any ,eligible employee with the consent of
the. head of his/her department and the Personnel Office may defer
five ('5) working days of his/her annual vacation to'the
succeeding calendar year subject to other- provisions of this
rule. A written report of'each deferred-vacation signed by the
appropriate department head and the Personnel "Officer noting the
details shall be kept on file with the. Personnel Office.
Vacation €me shall not be accumulated in"excess of two years.
In the event one or more municipal holidays fall within an annual
vacation leave, such holidays shall not beycharged as vacation
.leave and vacation leave shall be extended accordingly.
Section 29. '"Sick-Leave
29.;1„:. General. Sick leave with pay shall be granted to all
employees as set forth in this section.. Bick leave is not a
right which an employee may use at his discretion, but rather,
shall be used only in case of persohal illness, disability or the
serious illness or injury of an. employee's family member, which
requires the employee's attention. The term family members shall
include: spouse, children,, parents,, spouse''s.parents, brothers,
sisters or other individual's whose relationship to the employee
is that of a dependent or near, dependent.
ll
29.2. Accrual.:. Sick leave shall accrue to a11.fuTl-time
employees at the: rate of eight-hours for each month^of continuous
service.
29:3;: Voluntary Leave Plan. Accruals under the~Voluntary
Leave 'Plan shall be "prorated'to the work week equivalent hours..
29:4. Noti_ficaton~Procedures. In order to recey.e
compensation while absent .on sick leave,, '-the employee; shall
'notify his%her immediate. superior or the 'Per-sonnel~Off-i"ce prior
to of with-in four- hours after the time<set"for;begnnng his:.
y - -- ..
Bail duties; as may be specified. by th"e head,;of: his, department-:
Wheri absence is for more than thr-.ee days ,duration, the employee
;may Se required to file a'physican's-certificate wiah' the
:>,
Personnel Office stating,fhe,cause~of:'the absence;.
29.5:: Relationship to Workers Compensat-ion., Benefits shad.
be payable in situation"s where miscellaneous "employee:absence is
__
due"to "industrial injury as provided in California State Workers`,'
Compensation Law. During the first three '(3) work days when the'
employee's absence has been bccasi'oiied by injury suffered during
his/her employment and he/she~receves Workers' Compensation;,:
he/she shalh receive furl pay. Following,,th_s ,period., sick 'leave
may be a supplement to, the Workers'' benefits.provid~ed the
employees.. Compensation is 'at'' his jher" regular rate, for' a -period
not to: exceed six i6orithsy or' until such sick leave is. exhausted,
or tfie disability is. abrogated',, .or that employee is certified
"permanent and stationary!' by~a competent medical authority. The
City shall pay'himjher the, regular salary, based on the
combination of the Workers'' Compensation benefit plus Sick Leave.,
Sick aeave~,for.industrial injur-y shall not be a1;lowed for a ...
disabihity resulting from ssckness,~self-inflicted injury or
willful misconduct.. -'
The City may retire any employee. prior to the exhaust-ion of:
accumulated sick leave, at which time:-all accrued but unused sick
leave shall be abro_gated,; subject only'to the Imitat-ions
provided-under this Memorandum of Understanding:,
29,:6: 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 ;Personnel Offi:ce;naming the individual to receive-the sick
leave and the amount donated,. wi"th the following restrictions:
l.. Employees who wi°sh to transfer sick', ~leave~
must retain a minimum .of S60 hours of sick,
leave to ;be el'igble;to transfer sick leave.
2. All such--transfers of sick leave are
_ ..-
irrevocable.
12
The empl'oyee:recewng
transfer must have: zero
sick leave, vacaton,ah
books.
the sick leave
(0') hours of accrued
d CTA leave on the
4.. Employees may not buy or ;sell sick leave.
Only the time may be~fransferred.
5. .Employees may not transfer sick leave upon
separation of service.
6. Transfer of sick leave shall be allowed
between Unit 3 only.
7. No more than ninety (90) workdays of Sick
Leave may be received by an employee for ahy
one illness or injury.
Section 30. Leave
30.1. Bereavemeht Leave: In the event of the death of an
employee's spouse, mother, step-mother, mother-in-law, father,
step-father.; father-in-law., brother, sister, child, including an
adopted child, grandchild and grandparent, an employee who
attends the :funeral shall be granted time off work with pay. The
amount of time off work with pay'shaI`1 be only .that which is
required to attend the funeral and make hecessary funeral
arrangements, but ih' no event shall it exceed three '(3) working
days. These three (3) days shall not be chargeable to sick
leave. An additional awo (2) days required for necessary funeral
arrangements may be charged to the employee's sick leave and any
additional.time beyond_these'two days may ,be charged to
•accumulated vacation or leave without pay. Such bereavement
leave shall ;not be accruable from fiscal-year to fiscal year,~nor
.shall it have any monetary value if_ unused.
30.2. Voluntary Leave Plari. ..Accruals under the Voluntary
Leave Plan shall be prorated to the. work week equivalent hours.
Section 31. Holidays
31.1. Fined Holidays:. The City shall;observe eleven (11)
fixed-date Holidays. These holidays shall 'be established for the
City's fiscal year as determined 5y City Council resolution
The Holidays for FY 95/96 ,are as follows:
Independence Day
Labor Day
Columbus Day
Veterans' Day
Thanksgiving .Day
Day After Thanksgiving
Christmas Day
July 4, 1'995
September 4,.;1995
October 9^, 1:995
November 10; 1995
November 23, 1995
November 24, 1995
December 25, 1995
Rem. Gs- (c~ i Ncs
13
New Year's Day January ^1:, 1996
Martin Luther King Day January 15,, I99.6
Presidents'' Day February,l9, 19.96
Memorial Day May.27, 1996
31.2•. Floating Holidays., During the:RiscalyYear the City'
.will authorize one (1) "Floating Holiday" per employee, which may
be taken by the. employee at a time selected'Sy.the employee,
subject fo operational requrements_ and approval defermined,by
the City. Employees; hire8 between July 1, and ,December 31 ,, will
be eligible fora "Floating Holiday!' during the course' of the-
Fiscal Year.
31;.3.. Voluntary,Leaye;Plan. Holidays taken during the
_..
voluntary Leave. Plan shall be prorated, to the work week
equivalent Hours under the woluritary'leave plan.
Employees on,a`VO,luntary Leave for a fixed period' will.,not.
be paid for any 'holidays .f all'ing within the. fixed 1'eave period.
Section 32. Military'-Leave
Military leave shall be arranged 'in.•accordance with the
provis""ions of State Law. All employ"ees entitled tb.:~il~itary
leave shall give 'the.appointng.power.an opportunity within; the-
lin_ts:of military regulations,"to determine when such.leaye shall
be taken. .
Section 33,: Leave of Absence 'Without Pav
33,.,1. The City, 'Manager 'may grant "a regular or- probationary'
employee `leave of absence.wthou€ pay pursuant fo State and
Federal L'aw. Good cause being shown by a written, request, the
Cfy'Manager may extend:sueh leave. of absence wi-tkiout pay or
:. _ _
seniority or benefits for an additional period not to exceed six
(`6) months;.,, No such 'leave shall b"e ,granted except upon°written
request of the employee,settng'forth the reason for ;the .r-.equest,
and ,the approval will be 'iii 'vritnq. Upon expiration: of a
regularly approved leave or within a reasonable period of'tme
after notice tq return to duty,, the employee shall be resnstated
in the position held'at the time °leave was granted. Failur-e on
-
the part,of'an employee on leave to report prompt y at its
expiration:, or within a reasonable•time after ribtice^to return •ta
duty, shall `.be cause for d-ischarge. •
33.-2. Employees .may, reduce tfieir'workweek upon ':approval of
their Department Head ,and the City 'Manager-under a voluntary
Leave Without Pay 'plan, not to exceed-20% of their. annual work
schedule. Medical pr-emums.will continue'•to be paid by .fhe;Cty
and employee as if working a full sch"edule.
• ~~ 14
.: .. ~
Section 3;4. Compensatory-Time Off
Emp7oyees.may receve;,n lieu of being paid for overtime,
compensatory time off at a,mutually agreeable time between the
City and the employee subject to the operation requirements of
the. City and with approval determined by the City, No employee
may earn more than two hundred forty (2`40„) hours of Compensatory
Time Off pen fiscal gear, ..CTO shall not be pyramided or
compounded. Iri addition, no employee may retain on the .books
more than forty hours of unused Compensatory-Time at any-given
point during the .fiscal year: Amounts submitted in excess of
these limits shall be paid `at"time and one-half of the regular
rate of pay:
Section 35, Jury. Leave
Every .classified employee of. the City who is called or
required to serve as a trial juror shall be entitled, to absent
himself ,from his 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 dfference.`between his ,full "salary and any payment
received by him, except travel pag,-for such duty. This
compensation shal'1 not extend beyond twenty ('20) working days.
Section 36. Fam3 `Aedical Leave Act
Pursuant to the Family and Medica3 Leave Act of 1993,, FMLA
leave mag be granted, to~an employee who 'has been employed for at
least twelve (12) months by, the C1ty and who has provided at
least 1;250 hours of service during, the twelve (12) months before
the leave is requesfed., The leave may be granted up to'a total.
of twelve (12) weeks during the 'fiscal year 'f or the following
reasons:
A. Because of -the birth, of a child or'placement for
adoption, or foster care of a child;
B. In order to care for the spouse, son, daughter, parent.,
or one who stood: in place of a parent of the employee,
if such spouse., son,. daughter, ;parent, or "in loco
parentis" has a serious health condition;
C. Because of a serious health condition that. makes the
employee unable to perform his employment functions.
The Emplogee must ;provide the Employer with. thirty (30) days
advance notice .of the leave;; or such notice as is practicable, if
thirty (30) days notice. is not possible,. The Employee must
provide the Employer with certification of the condition from a
health care provider. The Employer, at Employer expense, may
require a second opinion, 'on the validity of the certification.
Should a conflict arise between health providers,, a third and
binding opinion-, at Employer expense will be sought. An employee
Reso , ~5-lCn ~ ~NcS is
seeking FMLA leave must first use paid,s:ick time (.if applicable)
and vacation before':going'on unpaid .leave. The total amount of.
family.leave,paid and unpaid will' not exceed a total of twelve
(12) weeks. In any case in: which a husband and wife,entitled'to
family leave are-',both-employed by the -Employer,. the aggregate
.number, of workweeks of leave to which, both may be entzitled;,may be
l'imi'ted to twelve:(12) weeks during"any Fiscal. Year `if such leave:
is'taken because, of the birth of a child or placement 'f or
adoption or foster care of,a child. The employee will,'be
_.
responsible for hps;~hare',of'the health insurance cost durng.tYie,
leave., If, 'the em to ee, does not return from the leaver, he, is
responsible for the total. insurance p"remium paid by the Employer.
Section 37. Retirement
The City of Petaluma s,reti_r,ement plan'un3er the Publ'c~
Employe"es' Retirement System shall consist of the 'following
items': '
Miscellaneous Employees:_2% @"60•
Options.: 1959 Survivors Benefit ;(~Leve1 1)
One year Einal.Compensaton
Unused Sick Leave Credit
_ ..,
Military Service Credit 'PubTic'Employees
Section 38. .Health and Safety
The Cty'agrees,_that t.h'as the obligation to take
reasonable steps to furnish' ;employment 'and :a ;place of employment
which `is safe and. healthful for i-t"s .employees.
The'Unon,may report to 'the City any condition which 't
perceives to be; a,•workin_g condition which is less than. safe or
healthful. Upon receivng'such a repgrt, the City agrees to meet
with the Union to discuss the reported condition.
'Section -39. Grievance.'Procedure
39.1-.:=Purpose of Rule
1. To promote :improved employer-employee relations by
establish_ng'.,grievance procedures on matters for which appear or
hearing is ;.not provided by other regulations,
2. To afford employees individually or through
.his/her -recognized employee organization a,systematc means of
. g p ,
reasonablefeffort hassfailedlto reso'luelthemather every ;
rough discussions.
3. To prow-ide that grievances shall be settled a"s
near as possible to the ,point of'orign.
4:. To provide. that appeals shall be conducted as
informally as ;possible.
39.2'.. Matters Subject To Grievance Procedure The grievance
procedure sha~ll'be used' to process and resolve grievances arising
out of the interpretation;;. application,•or enforcement of the
express terms of this Memorandum of Understanding.
39_.3. Informal Grievance Procedure. An employee who'has a
problem or complaint should fir-st try to get it settled through
discussion with his/her immediate supervisor without undue delay.
If, after this discussion, he/she does ndt'believe the problem
has been satisfactorily resolved', he/she shall have the right to
discuss it with_his/he=supervisor's immediate supervisor, if
any, in the adminsfratwe service: Every effort should be made
to find as acceptable solution by informal means at the lower
possbl"e 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~fhe appointing. power,.
39.4. Formal Grievance Procedure (1°evels of review through
chain of command)
1. First•,level of rev-ew Th"e appeal shall be
presented in writing to the employee's ,immediate supervisor, who
shall render his/her decision and comments in writing and return
them to the employee. within five. (:5 )' calendar: days after
receiving the .appeal. If'the employee does'not agree with
his/her supervisor's 'decision,, or if no answer has been received
within five (5) calendar daysp; the employee• may present the
appeal in writing"to tiisfsupervsor's'immediate superior.
Failure of the employee to fake further 'action within five (5)
calendar days after receipt of the written decision of his
supervisor, or within the total~o`f fifteen (15) calendar days if
no decisiort is rendered, will constitute a dropping of the
appeal..
2.. 'Further level or Tevels ofdreview "as appropriate
The supervisor, receiving the appeal shall review it, render
.his/her decision and comments in writing, and return them to the
employee withn five (5) calendar days after receiving •the
appeal.. If the. employee does not agree with the decision, or 'if
no answer has been received within five (5) calendar days.,
employee may present the appea`1 in writing to the department
head. Failure=bf• the employee to take further ;action within five
('5) cal_end_ar days after reeeipt.of -the deci"sori is rendered, will
constitute a dropping of• the, ;appeal.
3. Department Review The, department head receiving
the appeal of his%lier designated =represeritatiwe; should discuss
the grievance with the employee., his/her •representative; if any
~2So, 9' S- Ico l NCS 17
'a`nd faith other appropriate persons. The department head shall
.render his/her decision and comments,im writing,, and-return, them
_~_ ,_ .,
to fhe!employee within five (5) caendar..,days:after receivsn_g'the,
appeal. If. 'the employee: does not agree with the decs"ion
'. ~ -
reached,, or"-if no answer has been received wi-thin five (5)
calendar days after•recept of the decision or withn,,a total of
fifteen (15) calendar days; if noldecision'is rendered.; will
constitute a dropping of`the appeal.
y g.
a eal or his hertdesinnated ree/e'ity Manager ,receiung~the',
pp / g p sentative should discuss the
grievance with•the employee,, his .her rep=esentative„ if any-,:and
with other appropriate persons. The City Manager inay desgilate~ a
fact finding committee, off'cer not-in the normal line of
supervision; or Personnel' Board ,to advise him/her concerning. the
appeal. The City Manager shall render~a,decson in writing to.
p y y (-20) calendar days affer, recervng,'the.
the-em to ee within (went
appeal.:
5. Conduct Of Grievanoe Procedure
(a.) The time limits specified :above, may be
extended.to;a definite date'by-mutual agreement of
the- ~empl;oyee, his/tier =representative °and the'..
reviewer concerned.
(.b) The;empLoyee may,'-request. the assistance of.
another person •of `hrs/,here own choosing: in
preparing and', presenting his/her appeal gat` any-
level of ;review.
• (c;)' The, employee and,'his/her representative may
_be•prvlegedto-tiise a seasonable amount of work''
r- time: as determined by the appropriafe,.deparfinent
head. in co_nf_errng about and presenting tlie:
appeal..
(d.) Employees shah Be„assured. freedom from
reprisal for ',using: the'grievance procedures.
Seaton:40. Discipl-ne
Right of Discipline'. The; City shall 'have the; right to.
: , _..
discharge, ;
suspend, demotes, or take any other .form of discipline
•against any gmployee for due cause.
4O.S. .Discipl^narv`Procedures: ;
~a. Other Than Termination:: Except.for probationary, employees'
unless otherwise required ;by law„ any regular; employee subject to
discipline exceeding'three'(,3) calendar days suspension as
entitled to .;a written sfatement:of'the~reasons for such action; a
copy of the charges and•;material. upon_wYich_ such action is,'based,
where. applicable,, and the ,right to respond, 'either orally or in
i
' ~> ~s 18
-,
writing, cdncerhng the dscpl-inary action. Upon request; the
employee is entitled to a'hearing in accordahce with this MOU.
b: Termination:' .Except for probationary employees unless
otherwise ~'"required. by law,, 'a regular employee subject to
aewrittenostatementtofdtheireasten°notice of the proposed action,
ons ~fo= such action, a copy of the
charges and mater-ial upon- which such action is based, where
applicable, and the' rghf to respond.; either orally or in
writing, concerning the proposed termination action. Upon
request, the employee .is entitled to a fiearng in accordance with
this MOU. '
40.2. Rules of :Appeal to Personnel Board-
a. Right of Appeal •, Any regular employee in the'
competitive service 'shall have the right to appeal to the
Persohhel Board any discipline exceeding a three (3) calehdar day
suspension that he br she believes is unjust, except in instances
where the right of appeal is specifically prohibited by the
Personnel Ordinance, or 'the Rules .and Regulations and this
Memorandum of Understanding.
b. Method of Aopeal• Appeals shall be in 'writing,
subscribed 6y the appellant, and filed with the Personnel Officer
within fide (~S)' calendar days after th'e effective date of any
disciplinary action and' unless so filed "the' right to appeal is
lost, The Personnel Officer within 'five days after receipt of
the appeal, shall inform each member of the Personnel Board, the
City Manager and such other persons or Officers named or affected
writtenastatement he filing of the appea3: Th'e appeal shal-1 be a
;addressed to the Personnel Board,. explaining
the matter appealed from ahd'settng forth therein a'statement of
the action desired by the: ,appellant, wth• the reasons therefor.
The formality of. a legal pleading is no£ required.
c. Notice: Upori the filing o'f` an appeal, the. Personnel
Officer shall set a date for a hearing on the appeal not .less
than fen (10') days, nor .more than. thirty (;30) days'from the 'date
of filing,. The Personnel: Officer shall notify all interested
parties of the date, time and place of the hearing at such places
as the~Personnel Board shal'1 prescribe.
d. Investi6ation: Upon;°the filing 'of an appeal, the
Personhel Board may make, such independent investigation of the
matter as it, may deem .necessary. The result of such
investigation Yiall be made a part of+ the r-ecord of the
proceedings aril the appellant sh,al`1 have the right to have a
reasonable time within whYCh to;answer'or to present evidence in
opposition to the findings of this independent investigation.
~e.So, q 5-1(~I NG5 19
e. Hearings": The appellaht shall appear personally.,,
unless .physically unable to do so before the. Personnel Board at
,, .
the time and place of the hearings. The appel'lant_,may be
represented by any persoh or• attor-ney as;°may be selected .and may
at=the hearing-,produce relevanf oral or documentary evidence:. '
The a,ppe2lant shall proceed f--rst and;, at the conclusion,
_ .,
opposition matters may then `be presented: Rebuttal;matter: not
,-
repetitive may be allowed in the discretion "of the Personnel
Board.. Cros"s exami~haf-ion of„ witnesses•shall'be 'permitted: The.
conduct and decorum: of the. hearng,shalh be ,under the. control of
the Personnel Board by its; Chair ,: ,with due regard to the rights.
and privileges- of. the. parties appearing tiefo=,e,'t-; Hearngs,need
not be conducted according-to•technical rules :relating to
evidence and witnesses.. Hearings shall be open unless the
appellant, in writ4ng, requests a ,closed•hearing.
f. Findings and Recommendatbns.r' The>P,ersonnel'Board
shall, within ten ;10 da s after the concluson,of~the hearing,
certify its findings. and decision .in writing to the appellant and
to the Ctg;Manager•and to ,the person; officer or body
approprate.;from~whose acfson:th`e.appel'lant was taken.., The City
Manager or appointing power, as .appropriate,,. shall 'review: trie
findings and recommendations of 'the~P.ersonnelBoard and;, subject.
tq the .provisions of the City Charter, may then affsrm;.revoke or.
mb3ify the action €akeii as, in the reviewing par"ty's,judgment,
seems warranted ahd the action taken shall be final. Any'member
..
of the ::Personnel Board may submit a, minority or ,supplemental
finding and•;recommendation: In case of suspension, discharge or
demotion, the .P,ersonnel Board shall ~reristate "any, employee; to ;£h"e
employee•'s former "s'tatus -if proof' is made that. the. action was for:
discriminatory reasons.
Section 41: Personnel Files.
An employee,: or riffs or her representative, oh~p=esentatioa
o'f written authorizationtfrom the employee in.a form acceptable
to t2ie City, shall have access to non-confidential, portions•of
the 'employee`s personnel file at ;a mutually agreeable time. Thee
employee may be required to;acknowl'edge the receipt,of~ any
'.document, entered into the~empl'oyee''s persohnel file. ,:No'
performance evaluations'or disciplinary actioh"s containing,
ad'vese cominents~about an employee's work performance or'conductl
shall be placed into ,his 'or her personnel file until, the employee
has been given'the;oppor`;tunity to review the document: The
employee may write a=response to the,doctiiment containing the
adverse comments for placement into the personnel=file,
Section '42. Prbbatbn _ .-
A11 original ahd promotional,appo`i_ntments shall be subject
to a probationary period. 'The probationary 'period stall be
regarded as part. of. 'the testing process and shall be utilized-for
,~
clos"ely observing the empl'oyee's work for securing the most
effective evaluat=ion of a new employee'=s work and fo=;re,jecting
~'
20
0
l~'.e• IIY 1. i1 •1. •Ii LM
any probationary employee whose performance does not meet the
required standards of `work.
'The initial probationary"period for technical employees is
twelve ('12) months and for. .clerical employees six (6) months for
hire, promot$on, and transfer. An employee's probationary period
Aarie}z.be extended for six (6j months on 'a case-by-case basis based
tf on the performance evaluation. Should ah employee be on a leave
of absence without pay, the probationary period will be extended
for that time.
During the,`probationary period,•an employee may be rejected
at any time. by the CtyManager without cause and without the
right of appeal.
Ariy 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 sti l on probation will result in a
new probationary period for the class into which the individual
was promoted.
Sectioh 43, Layoff and Recall
43.1. Statement 'of Intent`:
pIhenever, in the judgment of .the City Council, it becomes
necessary 'to .abolish any position of employment due to a
reorganization or~to separate employees due. to lack of work or
.funds, the employee holding such position or employment may be
laid off or demoted without disciplinary-action and without the
right of appeal...
43.2. Notification:
Employees to be laid off shall be given, whenever possible,
at least l4 calendar days prior notice.
43..:3. Vacancy and .Demotion:
Except as otherwise provided,'whenever there-is a
reduction in the work .force, the appointing authority shall
first dempte,to a yacancy, if -any, in a lower classification
for which the .employee. who is the latest to be laid off in
accordance with Section 6 is qualified. All persons so
demoted shall hage their names ;placed on there-employment
list.
43.4. Emplogee Riahts:
An employee affected by .layoff shall have the right to
displace an employee in the same department who. has less
~e~. G5-LCe~ !^1GS z~
seir'iorty in ,l) a lower classification -in the. same
~classifs:cation series or iri 2) a lower ;classif'caton in
which :the affected employee once .had regular,status.. For
the purpose of~this section and Section 5,; seniority
.includes all per-iods,of full=time, service at or above the
cTassif`cation level where; the iayoff is to occur.
43.5.. Seniority:
In order to retr--eat to a former :or lower
classification, an 'employee mu"st have more seniority than at
least one: of tfie.•ncumbents'n the retreat;classficaton,
be qualified to hold the retreat cl_assifcabion or have,
:-,
served in the retreat classification prior to the layoff and
request displacement 'action in writing to the Personnel
Officer within (5) working days of ;receipt ,of notice of
layof-f ..
Employees within each category shall be laid of f: in
reverse order of seniority within the classifcafion aer-ies.
Seniority for the retreat classi"fpation.would be :the
combination of time. served (at,or above,) in the' layoff
classification and ariy prior time served, in the? retreat
classification. Ties,-will be broken 'based 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 na case shall the'
salary be increased, above that received n the
-. ~, „
classification from which. the employee was laid off>„
Employees retreatng'to a, lower or` similar
classfi-caton~shall serve a; probationary .period, in the new
.....
classification:°unless they have previously successfully.
completed a probationary period in the retreat
cla"ssification,or a highe=.classification in the series.
43 .b. Emnlovment Statuse
In each.classif-cation of position within-the
competit-ue service, employees shall be laid off ac,cordn_g
to employment status in'the;following order: temporary,
provisional, probationary, and regular.
Temporary; provisional and probationary employees sha_11
be l aid.-off according'to-the neeas,of the servic.e'as
d'ete"rmned by the appointing: authority.
43..7., °Re-employment List:.
The names. of persons Paid off'or demoted-in accordance:.
with these rules shall be entered upon,a re-employment list.
rs .~.
Lists fr-om different departments. or at d'fferent,tmes for
2 2'
.;..
r:~
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 Game or' lower
classification of position before certification is made from
an eligible list.
43:8. Duration of •Re-Employment List
Names of persons laid off shall be carried on a re-
employment list for two :years.
Section 44. Alternate Work Weeks
A. The City agrees.-to,,consider. reasonable alternative work
week programs proposed by 'the Union. Such proposals ,(e•a. 4 day
work week, flex scheduling, 9/80. -job sharing) may be considered
on a case by case basis :by the Cray. .Howeve=, the decision as to
whether and when., 'if at ,all, to implement 'such alternate
programs, the operation ofi such programs; and the ability to
modify and/or terminate ouch programs, is heft exclusively with
the City.
Section. 45. Transfer-s and Promotions
An employee who transfers or :promotes to' another City
position shall, for a period of s x months,. be entitled to
retreat to the joki classification formerly held, as long as that
position. remains unfilled.
Section 46. Performance E~raluations.
46.1. Performance evaluations are a.process designed to
acknowledge. the performance of an employee.
46.2. A,;probationary,employee shall receive at least one
performance evaluation-during hi5~/her probationary period.
46.:.3,.. An employee who .dsagrees'with his/her performance
;evaluation shall be given opportunity to submit a writ-ten
response fo:the evaluationr•. The ',response; will accompany the
performance evaluation in the empPoyee';s;personnel file. The
contents of=a performance,evaluation:sliall,not be subject to the
provisions of the Griegance'Procedure of this agreement.
~e~. q5- I (e ~ tSGS z3
IINIT 3 (CLERICAL/TECFiNICAL) CLASSIFICATIONS.
ACCOUNTING ASSISTANT I, .
ACCOUNTING ASSISTANT II
ADMINISTRATIVE INTERN
ADMINISTRATIVE ,SECRETARY
- ASSISTANT IN £IUIL ENGINEERING -
ASSISTANT IN TRAFRIC ENGINEERING
BUIIDING" INSPECTOR I
BUILDINGIINSPECTOR II
ENGINEERING.TECHNICIAN I'
ENGINEERING ,TECHNICIAN II
MAIL SERVICE .ASSISTANT
OFFICE ASSISTANT I
OFFICE ASSISTANT ;II
PLANNING TECHNICIAN I
POLICE RECORDS ASSISTANT I
'POLICE RECORD5 ASSISTANT 'II
PUBLIC WORKS =INSPECTOR
i
SECRETARY'
SENIOR PLANNING TECHNICIAN
This document repre§ents'the finial and complete Agreement
resulting from the 1995/96 Meet and Confer sessions with
the .American Federation of State, County and Municipal
Employees (AFSCME) Local 3910A, Unit 3.
Representatives of the~Cty and Unit 3 acknowledge that
they have fulfilled their mutual and respective
obligations to Meet and Confer under the Meyers-Milias-
Brown.Act. As a resul"t„ the parties have. come to a
mutual understanding which `the representatives of the
City and Urit 3, who have the approval of their members,
agr-ee to recommend for"acceptance and approval to the
City Council of the-City of Petaluma.
The parties affix their signatures as constituting mutual
acceptance and .recommendation.,of this Memorandum of
Understanding to become effective July 3, 1995, upon
acceptance and approval of-the City Council.
THE AMERICAN FEDERATION OF. STATE,'CODNTY AND MITNICIPAL EMPLOYEES
LOCAL 39TOAy UNIT 3
`Signature
Signatur~
Signature //
Signature
`~ eso
Date
~ q, ~~~ s
D e
(~ ~ ~~5~
Date
Da e
Date
~~~-v ~°J IQa~
Date
9.5-111 ~cS
24
CITY OF PETALIIMA
City of Petaluma 11 English Street
Post Office Box 61 •- Petaluma, California 94953
Date:
T0:
(Employee's Name)
FROM:
(Personnel Director)
SUBJECT: Request for Family/Medical Leave
On ,,you notified us of your need to take family/medical
.(date)
leave due to: (check one)
_ the birth of your child, or the placement of a child with you for,adopton
or foster care; or
_ a serious health condition that makes you unable to perform Ehe essential
functions of your job; or
_ a serious health condition affecting your _ spouse, child, parent, for
which you are needed to provide care.
You notified us that you need this leave beginning on and that
(date)
you expect leave to continue until on or about.
• (date)
Except as explained below, you have a right under the FMLA for up to 12 weeks of
unpaid leave during the Fiscal Year for the reasons listed above. Also, your
health benefits must be maintained during any period of unpaid leave under the.
same. conditions as if'you continue to work, and you must be reinstated to the same
or an equivalent jab with the same pay, benefits and terms and conditions of
employment on your return from, leave, If you do not return to work following-FMLA
leave for a reason other thane (1) nontinuation, recurrence, or onset of a serious
health condition which would entitle you to FMLA leave; or (2) other circumstances
beyond your control, you may be required to reimburse us for our share of health
insurance 'premiums paid ;on your behalf during"your FMLA leave.
This is to inform you that: (check~appro;priate boxes.; explain where indicated)
I. You are eligible _not eligible for 3eave under the FMLA.
II. The requested leave will. will not be counted 'against your annual FMLA
leave entitlement.
III. You _will _will not be requted.to;furnish`medcal certification of a serious
health Condit-ion. If required, you must furnish certification by
(must,be at feast 15 days after you are, notfied•of this requirement) or we may
delay the commencement of your leave until the certification is submitted.
p o.,..a......e~
Employer Response to Employee Request for Faaily or Medical Leave
REQUEST FOR FAMILY/MEDICAI,.I:EAVE
Employee Name:
Date of'Reques
Position Title:
Department.:
Hire Date:
I request a Family/Medical Leave. for the following reason (check one)a:
A. The. birth of 'a child'and/or-in order to care for such chi-1d.
B. :The .placement of a child for adopfion.or.-foster care.
C. In or3er to care for an immediate 'family member betau§e•such family
member has •a serious..health,condtion. Circle one: -CHhLD SPOUSE.
- .
PARENT. (Must submit "Physician Certification" within 15 days)c
D. My own, serious health condition that makes me unable to perform the
functions of: my position. (Must submit°?hyscian Certification"
within 15"days).
METHOD ,OF LEAVE' REQUESTED
Consecutive Leave
Intermttent'or Reduced Leave Schedule
(Specify 'Schedule Below)
Date leave 'is to begin:
Expected duratorn'of leave:
If`the durati:on.of my family/medical le`a`ve (total of paid and unpaid time) does
not exceed 6 months; I will be 'returned £o my samey equiyalent or comparable
position.
`Employee's Signature.
Date '
~es0, 95-1(nl ~JGS
PHYSICIAN OR PRACTITIONER CERTIFICATION
SERIOUS HEALTH CONDITION.
Employee''s Name:
Patient'"s Name (if other than:,employee)'.:
Diagnosis:
Date condition commenced:
Duration of Medical Leave; From: To:
Regimen of treatment to be prescribed`(indcaEe number of 'visits, general
nature and durafion of treatment, including referral to other provider of
health services. Include schedule of visits'or treatment if it is med=
ca_11y necessary for the employee to be off work on an intermittent basis
or tp work less than the employee's notmal schedule of hours per.. day or
days per week.):
By Physician or 'Practitioner
By other provider of health services, if referred by'Physician or Practitioner:
Check 'Yes or No in the space below as appropriate.
I. Yes_ No Is inpatient:;h_ospital-zato_m.of the family member (patient) required?
II. Yes _
No Does (or'wiTl)'the patient require assistance for basic medical,
hygiene', nufrtional heeds., safefy or transportation?
III:: Yes No After reveon of the employees signed statement, is the employee's
_ _ presence necessary or would-it be beneficial for the care of the
,..
patient? (This may include•psychologcal,comfori.)
IV. Estim ate the period of time care is needed or the employee's presence would be
benef cia l•
IV'. `You may elect
will _will
FMI'.A leave'.
to substitute: accrued paid leave for, unpaid'FMLA leave. We
not- require-that yo u,substitute~accrued pad'leava to. unpaid
If .paid leave will be used the fo11'owng conditions will apply:
y. If you homally pay'a°portion of the premiums fpr ybur health' insurance.,
these payments will. continue duricig the.pe'riod of FMLA leave.. .Arrangements
for, payment have been discussed with you and is agreed that .you will make
<.. ...
premiiffi payments as follows,: (Se t. forth dates, e.g':, the 10th of each month,
or. pay periods, etc. that specifically cover: the agreement with the empl'dyee.)
You have a minimum 30-dap (or, indicate longer period, if, applicable) .grace
perod'in'which Eo'make premium payments. If: payment is ,not made timely,
your group health insurance map be cancelled, provded'we notify you in
writing at least 15 days'before that, .date that ,your health coverage'•wll
lapae;,or at-our option, we may pay .your share df the premiucndiring FTII.A
leave,. and recover these ,payments from'yod upon ,your return to work. We
_wi11 wi13 not-'pay share~of health insurance premiums while you are, on
leave.
disablit insurance detchj'same vrith other benefits (e.g., life :insurance;
y while you are on;FMLA leave. If we do'pay ydur
premiums ,for other benefits,, whe_h you return 'f-rom leave:. you _wi11 _will not
be expected to reimburse us ,for the payments made on your behalf,
VI. You, will will not be required td present a fitness-for=d"uty certificate.
prior to-being restored tp employment. If, such certification is required.,but
not receiyed;.your return to. work may be delayed unt_i the; certification is
:provided.
VII. You ate _are not a "key employee" as described !in 825.218 of the FMLA
:regulations... If you are a "key employee", restoration to emplpyment may be
denied following FMLA leave bn the grounds that such restoration will cause
substantial :and grievous economic injury to us.
We _have =have no t, determined'tfiat restoring you. to employment at the,
conclusion of F'ML;A leave will cause substantial and. `grievous economic harm
'to ' us .
VIII. While on leave, ypu will .will not be required eo,furnish us with periodic
reports every of your status and intenf to return to,i~~ork. If thee.
circumstances 'of your leave change~:and you ,are able to return to work, earlier
::than the date indicated od the reverse side of this form, you will, will. not
be regui"zed to..notify us at least two workdays prior to the. date you.iriteiid
~to reocrt for work:.
IX. You. _will will not be. required to furnish, recertification,relating to a.
serious hearth condition. '
~eSo~'95;-1~~'NG3
V. When Family Leave is needed to care for a seriously i11 family member, the
employee .shall state the, care he or she-will provide and an estimate of the
time period during which [his care will be provided, including a schedule if
leave is to be taken intermittenEly or on a reduced leave schedule.
Employee's Signature:
Signature of Physician or P.ractitioher:
Date:
Type of Practice (Field of Specialization, £'any)
Date:
~SesC~, ~5-IIPI NGS
CITY OF PETALUMA
FITNESS'FOR•;DUTY TO RBTURN•FROM LEAVE CERTIFICATION
On. the Employee began a period. of family/medical care
from the City of Petaluma ,for Based on ,my
(diagnosis) _,_
examinat_ion_of on -,
:(employee's name) ('date of examination)
I certify that he/she is medically/.psychologically `fit to return to work with!the
folloiring' :Timitatous`: '
(list =limitations if 'applicable)
Date:
Signatureiof Physician 'or''Practitoner
Type'of Practice; '(Field of Specialization', if any)•
~ •
CITY OF EETALUM6
AUTHORIZATION: FOR PAYROLL DEDUCTIONS FOR BENEFIT'COVERAGE
CONTINUAT-ION ;DURING, FAMILY/MEDICAL CARE LEAVE
I authorize the City of Petaluma to; made deductions from income I will
receive from accrued leave during, my upcoming family/medical care leave
which will commence on and end on
,(date leads will start)
(date lease will end).'
I authorize deduction to be made from income I will receive from accrued
leave for the following benefits:
Employee''s Signature - Date
ResO ~ 9 S- L le I N G~
CITY OFPETAI:UMA
INTEROFFICE MEMORANDUM
To: 'Personnel-Department.
From:
SUBJECT: REQUEST FOR WA24ER/CANCELLATION QF MEDICAL/DENTAL COVERAGE .
This~s to verify that Lam currently covered. 6y 'my souse's
~,_. ~,
insurance, As a result, I would 'like to cancel/naive my insurance covetage effective
on the following:
9 1'etfer verifying coverage by my spouse's employer is attached.
Asper'the current,MOU,,upon 'cancellation/waiver; of my insurancep•cobetage, I request
the amount•'.I am eligible to be paid. I qualify for, an amount based :on the
party :rate, because i,fiave n"umber of dependent§:..
I understand that if I'cancel.my insurance I am-subject to the re-enrollment policy
of the PEMCHA Health Plan as.nrovded'by the City.
Employee's Signature Date'