HomeMy WebLinkAboutResolution 95-160 06/30/1995
Resolution No.~s_o N.C.S.
1 of the' City of P~t~lu-~~a, C~~lifornia
z
3 RESOLUTION RATIFYING MEMORANDUM OF UNDERSTANDING
4 EXECUTED BY THE DULY AUTHORIZED REPRESENTATIVES OF THE
5 CITY OF PETALUMA AND THE
6 CITY OF PETALUMA EMPLOYEES' ASSOCIATION
7 FOR EMPLOYEES IN UNIT 2 (MAINTENANCE)
8
9
10
11 WHEREAS, The City, through its duly authorized
12 representatives,. and the City of Petaluma Employees' Association,
13 through its duly authorized representatives, have concluded their
14 mutual obligation to meet and confer in good faith with respect
15 to terms and conditions of the Meyers-Milias-Brown Act and the
16 City's Employer-Employee Relations Rules and Regulations
17 (Resolution No. 5512 N.C.S.); and
18
19 WHEREAS, the duly authorized representatives of the
20 City and the City of Petaluma Employees' Association have.
21 executed a Memorandum of Understanding pursuant to Section 15,
22 Resolution No. 5512 N.C.S. and recommend its approval by the City
23 Council; and.,
24
25 WHI?uFaS THE CITY MANAGER, pursuant to Section 28, City
26 of Petaluma City Charter, and as the City's Municipal Employees'
27 Relations Officer (Resolution No. 5374 N.C.S.) is required and
28 empowered to make a recommendation to the City Council on matters
29 related to employees' compensation., and
30
31 WHEREAS, the City Manager has reviewed and concurs with
32 said Memorandum of Understanding for Unit 2 and does recommend
33 that the City Council ratify said Memorandum of Understanding.
34
35 NOW, THEREFORE, BE IT RESOLVED that said Memorandum of
36 Understanding, being in the best interest of the City, is
37 ratified and the terms and conditions of said memorandum of
38 Understanding (as attached) shall be effective July 3, 1995,
39 until June 30, 1997 and from year to year thereafter unless
40 written notice is given by one party to the Agreement as set
41 forth in Section 3, Paragraph 2.
42
43
Under the power and authority conferred upon this Council by the Charter of_ said City
REFERENCE: I hereby certify the foregoing Resolution was introduced andadopted by the Approved as to
Council of the City of Petaluma at a (0[M1t9ddX(Special) meek ~ fO1Et
on the -..3.Q.t11........... day of -.........lARe ......................................... 19._y 5.. by~~the ..
following vote: -- ~.... .
- City .4tt ey
AYES: Maguire, Barlas, Stompe, Hamilton, Mayor Hilligoss
NOES: None
ABSENT: Shea, Vice or ad -
ATTEST: ...{/....../ ...............................:.............._'.TE=..---......_ `_~.......-----..........--- - -.....: .... . --- -_ -..
't?i£y Cierk Mayor
lb~mcil File.._ .................._........._
ca io-ns erg. rvo......95.-161...... vcs.
UNIT 2
MEMORANDUM. OF UNDERSTANDING
FISCAL YEAR 1995/96
FISCAL YEAR 1996/97
r1 eso , Q 5-I ~o ~~
TABLE OE'CONTENTS
PREAMBLE
GENERAL
Section. ;1.. Recognition
Section 2. Defi'nTfion
Section' 3. Seve'rabi'lity
Section 4. Non-DscrYmnation
ASSOCIATION MATTERS
Secti'on' 5. Association Security
Section "6. Dues-Checkoff.
Section. 7. Stewards and Representatives
Sect^i on 8. Bulletin Boards
Section 9:: Excused Absence
Section 10. Association/City Meetings
COMPENSATION
rSect-ion; 13. Wages
Section 1'2'. Overtime
Secton. l3,- Ca17-back. Pay
Section 14-. Stand-by ;Pay`
Section 15. Pay Rate Permanent Transfer-New
Classification
Section 16:. Temporary Work Out of Classification
Sec€on 1T• P~ayment_F,or Missed Meals'
Section 18'. Termination Pay'
Section 19. Retirement Contri'buti'on
Section 20. Smoking Cessation Plan
Sect;ron 21. Work Boots
Sect3`on 22. Compensatory Time 'Payment
INSURANCE
Section 23.
Section 24.
Section 25.
Section 26.
Section 27,.
Section 28•.
LEAVES
Health 'Insurance
Life Insur-ance
Dental Snsurance
Long-Term: Disability Insurance
Vision :insurance'
Other Health & WeBfare Payment
Section 29. Vacat-ion
Section 30. Sick Leave
Section 31: :Bereavement .heave
Section 3'2. 'F.aml•.y Medical Leave
Section 33. Hol-idays;
Section ,34. Industrial,Irijury Leave '
Section 35. lieaves~of Absence Without Pay
~~
2
Section 36. Annual Milifary Duty
Section 37. Jury :Duty
Section 38. 1 'Meal and Rest."Period
Section 39. Compensatory Time Off.
Section 40. Voluntary Leade Plan.
Section 41.
Section 42.
Section 43.
Section 44.
Section 45.
Section 46.
Section 47.
OTHER:
Section 48
Section 49
Section. 50
Section 51
Section 52
Section 53
New Or Changed Classifications
Seniority ,
Promotions
Temporary'Appo'intments
Transfers Between Sections
Probationary Employees
Layoff And Recall Procedures
Retirement Plan
Discipline
Grievance Procedure
Employee Job Training
Safety Committee
Bonus Holiday
Reso. 95- Ilan PIGS
3
PREAMBLE
This AGREEMENT entered into by the CITY OF PETALUMA;. hereinafter
referred to as. the CITY, and The CITY OF P.ETALUMA EMPEOYEES
ASSOCIATION, hereinaf-:ter-referred to as the Association.
The artes,heretoJdesir-e to confirm and, maintain the spirit of
p ..
p-
The Assoc~ationch has existed•between the City~and its employees.
and the City will istrive~ to promote, a harmonious
relationship between all parties 'to this ag=cement that will
result-in benefits to the ;City's operat_ons:and its; employees,
acid provde•conti'nuous and uninterrupted ser-vices.
Both parties agree to 'the ,establishment of`an equitable and
peaceful procedure for the resolution of differenees;!and the
establishment of•rates of pay, hours of work: and other terms :and
conditions of employment.
The use'of the masculine or feminine end"
lmitatonsnstrued as incTudinq'both gender h.this Agreement
ers.and not as sex
4'.
SECTION 1
RECOGNITION
For the purpose of meeting and conferring with respect to wages,
hours, and conditions of employment, the City, to the extent
permitted by law, recognizes the~Association as the
representative for all employees who are employed in and assigned
to the job-classifications which in the aggregate constitute the
City's work Unit Number Two (2) Maintenance).
SECTION 2
DEFINITIONS
1. The terms "employee" and "employees" as used in this
agreement, (except where the agreement clearly indicates
otherwise) sha13 mean only'an employee~oY employees within
the unit described'in'DESCRZPTION OF UNIT.
2. The term "temporary" shall mean any individual or
individuals whose 'employment is l'inited in duration.
3. The term "regular full-time employee" shall mean an employee
whose normal schedule of work is forty (40) hours per
calendar work week..
4. The term "part-time employee" shall mean an employee whose
normal'schedule of work is less. than a regular full-time
employee excluding those employees on a Voluntary Reduction
of Hours.
5. "Calendar day""means, the twenty-fbur (24) consecutive hour
period beginning at midnight, and ending at midnight the
following day.
6. "Calendar work week" means a consecutive 7-days. Beginning
at 0001 day 1 and continuing until 240'0 168 hours later.
7. "Normal work week" means any five (5) consecutive calendar
days within a calendar work week.
8. "SeniorYty" means uninterrupted employment with the City
beginning with the fast date hired by the City and shall
include periods of City employment outside the Unit, but
shall-exclude'pe=ods of layoff:and'leaves of absence,
except medical, in excess' of 30 consecutive days, including
the first 30 days of such absence.
9. An employee is 'a "probationary empl-oyee'! for his/her ..first
six (6) months of employment. Periods of absence. exceeding
five (5) working days shall not be counted towards
completion of the probationary period.
10. "Voluntary Reduction~of Hours" means a flexible workweek
established between-the employee 'and 'the City to work less
than forty (40)'hours per calendar workweek.
Re sd . 9 5 - ~ lop NGS
5
SECTION 3
SEVERF;BILIT]E CLAUSE
1. In the even"t that any port-ion ~of'th's agreement is dechared
,..
inval°id, by a court, of competent jiar"sdiction, if 'shall not
affect the vali`diay o€:any other port-ion of th's 'agreement
not invaTidat'ed: Any porti'on,,held invalid shall :be ,re-
negoti:ated so as tb effectuate the; purposes and intent of
the invald.portonif -legally possible.
2. NEGOTIATION PERIOD: The Association:w-i11 submi-t' in writing
fo the City riot `less than ninety (90') days prior to the
expiration date. of this Agreement.. and any,'.;proposed.
modifications to this Agreement for':the subsequent Fiscal
_ .
Year. The parties will-.commence Meeting and Conferri.'ng not
__~-,
less trian seventy-fi've (75) days 'prior, to the expiration
date of tkiis Agreement„and,cai l'1 endeavor. to reach an
agreement,, in a written Memorandum of Understanding for
submission to the City Council for its determination,; prior
to the adoption ,by the; City of its Final Budget, for the
subsequent` Fiscal Year.
3. TERM OF AGREEMENT,:
a;., This agreement,ia subject to•the approval of'the City
Council of the City of Petaluma-.
b. The terms;, benef-its and conditions o_f employment
granted this unit ,are governed sole,ly,by this
memorandum of agreement...
c. The terms of tkfia Agreement shall.commence;on;July 3,;
,. _-
1995 and continue .unti3 the expiration date of June 3,0,
,.
199.7 and from year to .year fhereafaer~un'less written.
;notice is :gveri 'by one, party, 'to the Agreement a§ set
forth in Section 3, Paragraph 2.
d. If such,not_iee is given:, by either partyy the party
rece~u_nq such notce.:may;also;durng,ensuing
negotiations present changes iii the agreement de"sired
by said-party.
e. Negotiations upon the'modifi`caton,or amendments shall
be conducted p`roinpt3y at a tame and :place mutualay
agreeable to both parties and shall 'continuer through
said per'i`od; in 'an effort to reach. agreement.
4. NO:-INTERFERENCE AND'fNO LOCKOUT"GUARANTEE,
a. The Association and its officials wl'1 not,,,:dr,ecfl'y or
. _. _
indirectly,, take part'n any action, against or ang
.inter-ference w,tri'the operations of 'the City during the
term. of; this Agreement.
J' '
b. The City shall not conducb a lockout of its employees
during the term of this Agreement.
SECTION' 4
NON DISCRIMINATION`
A. GENERAL
1. The City will not interfere with or discriminate in any
way against any employee by reason of his / her membership
•n,; or'activity required by this Agreement, or will the City
discourage membership in the Association or encourage
membership in any other Association.
2. The Association; in turn, recognizes it responsibility
as the employee representative and. agrees to represent all
employees without d-iscrimination;, interference, restraints,
or coercion. The terms of this~Agreement shall be applied
equally to all employees, without discrimination as to age,
sex, marital status, religion, race, color, creed national
origin, or political affiliation. The Association shall
share equally with the City the :responsibility for applying
this provision of the Agreement.
B. ADA NON-DISCRIMINATION
Insofar as the Americans with Disabilities Act may require
accommodation for-individuals protected under the Act, and
because these accommodations must be determined on an
individual, case-by-case basis;, the parties agree that,
subject to the limitations imposed by this paragraph, the
provisions of the Agreement may ke disregarded in order for
the :City to avoid discrimination relative to hiring,
promotion., granting permanency,, transfer, layoff,
reassignment, termination, hire rates of pay, job and duty
classification, seniority,leaves, fringe benefits, training
opportunities, hours of work or other terms and privileges
or opportunities, The Union recognizes and agrees that~the
City has the legal obligation to ;meet with the individual
employee to be accommodated before any adjustment is made in
working conditions. However, the City agrees _to consider
the terms and conditions of the Memorandum of Understanding
as a criteria in any accommodation.and to notify the Union
prior to 'implementation of an accommodation program that
will significantly alter the terms and conditions of other
bar-gaining unit employees' employment, and to meet and
confer upon request in those instances. The Union
understands and agrees that, in agreeing to meet in such
instances, the~City may take those steps reasonably
necessary in the circumstances to protect individual
employees' rights to privacy and rights to confidentiality
of medical information.
~eso. 95-Ic~o TICS ~
SECTION 5
ASSOCIATION SECURITY
1. It is the intent of: this Article to provide for the regular.
dues of Association members to be deducted from their checks'
insofar as permitted by law. .The City agrees to deduct and
transmit to the Association, dues from all Association
members `within the foregoing, unit who have sigined an
authorszat-ion. card for such deductions in a form agreed upon
by the City and the Association. However,"the City assumes
no responsibility either to the employee or to the
Association, for, any faiIure~to make or for any errors made
in making such deductions..
2. The written authorization for .Association dues deduction
shall remain in full force and effect, during the life of
the current agreement between the City and the.ASSOCiation
unless cancelled in writing.
3. Upon. written request of the Association, the City shall
change the amount of'dues deducted from As"socaton members'
checks.
4. The Association ;agrees to indemnify, defend~and.,hold the
City harmless against any claims. made of any-nature
whatsoever, and against any suit instituted against th'e City
arising from its check=off of Association dues.
SECTION ~6
DUES CHECROF'F
1. During the life of this Agreement, and to the extent the
laws of the State_of California permit;. and as provided'in
this Article; the City wial deduct one month's current and.
periodic Association dues based upon a uniform dues schedule
from ;the pay of 'each employee who voluntarily eitecutes and
delivers to the City the following authorization form:.
f'
6. Payroll deductions ,shall be made in. equal, amounts from each
regular pay check prow-ded, however, the initial deduction
for employees shall not begin unless.:
a. A properly eicecuted "Voluntary :Authorization f or
'Deduction of Association VDues" is on file with the
City, and,
b. The'amount of the monthly membership dues certified by
the Secretary-Treasurer of~the Association has been
delivered to the City at a place designated by the City
at least°ten (10) calendar days prior to the last day
of the pay period.
7. Changes in the amount of the. monthly membership dues must be
delivered to the City at a place designated by the City at
least,thirty (30') calendar days prior to the last pay day of
the calendar month prior to the change becoming effective.
8. An employee may revoke his/her '!Voluntary Authorization for
Deduction of Associatioh Dues",.ohly as provided by the
terms of his/her Voluntary Authorization.
9. All sums deducted by the City shall be remitted to the
Secretary-Treasurer of the Association at an address given
to_ the City by the Association, by the tenth (10th) calendar
day following the pay period when the deductions were made,,
together with a list of names and the amount deducted for
each employee for whom a deduction was made, The City will
also notify the Association of the name of each employee who
revokes his/her "Voluntary Authorization for Deduction of
Association Dues".
SECTION 7
STEWARDS AND REPRESENTATIVES
1. The City recognizes and agrees to deal with the accredited
Association Stewards and Representatives of the Association
in all matters relating to grievances and the interpretation
of thi's Agreement.
2. A written list of ,the Officers of the Association and the
Association Stewards with the specific areas they represent,
shall be furnished to the City. Notice of any changes of
such,Associ+ation Officers or 'Stewards shall be promptly
forwarded to the City in writing.
3. The number of Association Stewards shall not exceed three..
Any change in the number of Stewards shall be made by
written consent of both. parties.
4. Upon the request of the aggrieved employee, a Steward or
Association Officer may investigate the specified grievance
.. ]0
VOLUNTARY AUTHORIZATION FOR DEDUCTION
OF ASSOCIATION DUES FOR THE
CITY OF PETALUMA EMPLOYEES ASSOCIATION'
Name Social Security No:
(type or print)
Division andDepartment:
2. I authorize the City to deduct from caages earned by me
monthly~Assocation dues as certified to the City by the
Secretary-Treasurer of the Association,_and to remit the
same to the Association at such time 'and in such manner as
,. _..
may be agreed' upon between the. City. and the. Association.
3. This authorization and dir-ection shall remain in effect from
to
and sh"all be for that period of time; provided, however,
that it shall not extend beyond the term of this agreement.
:This authorization and direction shall. be automatically
,.
revoked upon my termination of employment with. the City.
Signature, of Employee
Address of Employee
Date of Sighing
Date of Delivery to the City
4. The following certification form shall be used by the
'Association 'when certifying membership dues:
CERTIFICATION OF SECRETARY-TREASURER_
OF THE ASSOCIATION
5. I certify that th"e members&sp dues for employees in 'the unit
is
per
Date: (Secretary-Treasurer of the, Association.)
Date of Delivery to the'Ci
~eso , 9 5 -~ c~ o ~~s 9
and assist in its presentation. A reasonable amount of paid
time shall be afforded the' Steward or Association Officer
while. investigatinq'such grievance. In presenting .such
grievance to the City the Steward or Association Office
shall be allowed reasonable_ time off during regular working
hours without loss of pay, subject to prior notification of
his/her immediate Supervisor and with the concurrence of the
City Manager.
5. Upon request to the City Manager,. a representative of the
Petaluma Employees Association who will be representing the
employee in the grievance procedure, may visit work areas at
a time mutually agreeable to both parties for the purpose ,of
preparing the `case. Such gisitation rights shall be limited
to a reasonable amount of time ahd shall not interfere with
normal work operations.
6. During such visit 'the representatives may inspect any area
relevant to the grievance with the Association Steward or
his/her designated representative.
SECTION 8'
BULLETIN BOARDS
1. The City shall provide the Association with space on
bulletin boards in areas where the Association has employees
it represents for the purpose of. posting Association
notices. Such notices may be posted by the Steward,
although not limited to the following notices, they may
include:
a. Recreational and social :event of the Association..
b. Association meetings.
c. Association elections, appointments.
d. Results of Association elections.
2. In the event a dispute arises concerning the appropriateness
and/or amount of material posted, the Steward of the
Association will be advised. by the City ,Manager of the
nature of the dispute and the disputed material will be
removed from the bulletin boards until the dispute is
resolved. The City and the Association will meet within
five (5) work days to attempt to resolve the issue.
SECTION 9
EXCUSED ABSENCE
1. An employee who is elected or selected by the Association,
upon the written request of the Secretary-Treasurer of the
Association, may be
granted an excused absence without pay for a period not to
exceed five (5) days per year to attend conferences or
~eso, q5- I(~C~ ~C.S tl
conventions. Not more than one employee will be granted an
excused absence at any one time.
SECTION 10 '
ASSOCIATION/CITY MEETINGS
At the request of either the Association or the City,
conferences shall be held for the purpose of considering
matters of mutual interest, other than mutually acceptable
arrangements as to time and place can be made.. .All such
conferences shall be arranged through.. the Steward of the
Association, or his/her designated.representative,-.land a
designated representative of the City Manager.
Representatives of the, Association, not to exceed two (2),
shall not suffer loss of time or pay when absent from .their
normal schedule of wor-k: for the purpose of ,attending a
conference. Conferences may be attended, by represehtatives
of Petaluma Employees Association. Benefit plan review and
proper classification assignment will be appropriate .
subjects for conferences.
2. It is understood that any matters discussed, or any action
taken pursuant to such conferences, shall in no way change
or alter any of the provisions of the Agreement., or'the
rights of either the City or the Association under the terms.
of the Agreement.
12
SECTION. 11
WAGES
1. Wages shall be paid in accordance with the wage schedule set forth
below.
2. The, .pay grade assigned to each existing classification and the pay
grade assigned to each new or changed classification shall remain in
effect during the term of this agreement unless the job content of a
classif,icatioh is substantially changed.
A. EFFECTIVE JUhY 3 1995
CLASSIFICATION I II III IV V
Custodian $_12.64 $13..27 $13.94 $14.63 $15.36
Electrical Maintenance_Worker II 17.30 18.'17 19.08 20.03 21..03
Electrical Maintenance Worker I 14.04 14.74 15.48 16.25 17.07
Equipment Maintenance Lead Worker 19.66 20..64 21.67 22.76 23.89
Equipment Mechanic 18.31 19.22 20.18 21.19 22.25
Equipment Service Worker 14.51 .15.24 16.00 16.80 17.64
Facilities Maintenance Worker 16'.90 .17.74. 18.63 T9.56 20
54
Maintenance Worker 3 Docks/Bridges 15.81 16.60 17.43 18.30 .
19
.22
Parks Maintenance Foreworker. 18.27 19.T9 20.15 21
.15 .
22
21
Parks Maintenance Lead Worker 16.98 17.83 18.'72 .
19.66 .
20.64
Parks Maintenance. Worker III 15..81 16.60 17.43 18.30 19.22
Parks Maintenance Worker II 15.07 15.:82 16.61 17.44 18
32
Parks Maintehance Worker I 12.34 12;._95 13.60 14.28 .
15
00
Street Maintenance Lead Worker 16.98 17.83 18.72 19.66 .
20.64
Street Maintenance Worker III 15.81 16.60 17.43 18.30 19.22
Street Maintenance Worker II 15..07 15.82 16.61 17.44 1$.32
:Street Maintenance Worker I 12.34 .:12.95 13.60 14.28 15
00
Supervising~Custodian 14.23 14.95 15.69 16.48 .
17.30
Utility Service Lead Worker 16:98 17.83 18.72 19.66 20
64
Utility Service Worker III 15.81. .16.60 17.43 18.30 .
19
.22
Utih ty;Service Worker II 15.07 15.82 16.61 17'.44 ,
18
32
Utility Service Worker I 12.34- 12.95 13.60 14.28 .
15.00
Water Service Representative 15.85 16.65 17.48 18.35 19.27
Water Service Worker 15.93 16..73 17.56 18
.44 19.36
Water System Operator ~ 16.55 17.38 18.25 __
19.16 20.12
Water Utilities Technician 16.55 17.38 18.25 19.16 20.12
~esO, q 5-I(fl0 ~1G5
/3
SECTION 11
WAGES
wages sha'17 be 'paid in accordance with the wage scheduleset forth
below.
2'. The pay grade assigned to each :existing classif-ication:and the pay
grade assigned to each'new'or changed classification shall remain in
effect during the term o£ fihis agreement unless the job content of a
classification is substantially changed.
A. EFFECTIVE JULY 1 1996
CLASSIFICATION I II III IV V
Custodian $T2..96 $13.60 $14..28 $35.00 $15
75
Electrical Maintenance Worker II 17.74 1$,.62 19.55 ,.
20.53 .
21
56
Electrical Maintenance Worker :I 14.3.9 15.11 15.87 16.6'6 .
~1Z
49
Equipmenf,Ma•ntenance Lead Worker 20.;15 .21.16 22'.21 23.32 .
24
49
Equipment Mechanic 18..77 19.70 2O.b9 21.72 :
.
22:81
Equipment Service Worker 14..88 15.62 16..40 1'7.22 ;18
08
Facilities Maihtenance Worker 17.32 .18.19 19:10 20..05 .
21
05
~Kaintenanee Wor-ker 3 Docks/Bridges 16;..;21 17.02 ,
77:87 18..76 .
.19
70
Parks~Maintenance Foreworker 18'_.73 "19'.67 20.6'5 21.68 .
':2'2
77
Parks Maintenance Lead 'Worker 17.41 18.28 -19.19 20.15 .
:21
16
Parks.Maintenande Worker III 16'..21 17.02 :17:.87 18.76 .
79
70
Parks Maintenance Worker II 1'5.45 16.22 17..03 17.88 .
.18
77
Parks Maintenance Worker I 1'2..;65 13.28 :13..94 L4..64' .
`15
37
Street Maintenance Lead Worker` 17..4'1 18.28 79.19 20.
15 .
21
16
Street Maintenance Worker III 16.21 17.02 17'.87 _
.
18.76 .
19
70
Street Maintenance Worker II 15_.45 1
6:22 17.03 ;17.88 .
18
77
Str-eet Maintenance: Worker S 12:.6,5 .
1
3.28 13:94 `14•..64 .
15
37
Supervishg Custodian 14..59 ,
15.32 16.09 16.
89 .
.
17
73
Utility Service Lead Worker 17.43 18.28 19.19 _
20.
15 .
21
16
Utility Service Worker ZII 16.:21 17.02 12.87 .
18.76 .
19
70
Utility Service Worker II 15.45 16.22 .
.17.03 17..88 .
18
77
Utility Service Worker I 12..65' 13.28 13.94 14.64 .
15
37
Water Service Representative
~ 16.25 12.06 1.7,:92 °18.81 .
19
'75
Water Service Worker 16.33 17.14 18.00 18.90 .
19
85
Water System Operator 16.;:97 17.82 18.71. .19.64 .
20
:62
Water Util-ties Technicah 16.97 17.82 18.73 1.9.64 ..
20:.,62
+~ - jy
SECTION 12
OVERTIME,
1 . OVERTIME' PREMIUM '
All hours worked in"excess of. eight (8.) in any one day or in
excess of forty (;40) in ariy workweek shall be paid for at
the overtime rate which~sha,1=1 be ;one and one-half (1-3/2
times the regular straight time, hourly rate of pay. overtime
shall not be pyramided 'or compounded.
2. REST'PERIODS DURING OVERTIME WORK
Whenever practical; employees who f or any reason work .beyond
their regular quitting time into the next shift will be
afforded a fifteen (15+) mi`hute•rest period before starting
work onrthe next shift. In additon;'y'they shall be granted
the regular rest period unless,an 'emergency situation occurs
or exists. ,
3. REQUIRED OVERTIME
If an employee is seguired to work more than five
consecut"ive hours ,without a meal period during a regular
work sh'Yft, the employee shall b'e paid at .the rate of time
and one-half ('1-1/2') for all time wor-ked 'in excess of five
(5•) hours until such time as the employee receives a meal
period.
4. SCHEDULING OVERTIME
In .general, overtime ;work shall be voluntary', provided.,
however, wheh at 'least twenty-four-(24)' hours advance notice
of an'overtime assignment is given, or when it is not
practical to give advance notice, an employee will be
expected to work:
5. '.DISTRIBUTION
Overtime shall be 'di'stributed as 'equitably as possible,
without favoritism, and ih the best interests of the City,
among the members of the department 'who are qualified to
perform and who nave-.demonstrate the 'ability to perform
overtime services efficiently.
6. HOLIDAY OVERTIME
Ah employee required to work's paid .holiday shall receive,
in addict"on to the eight hours holiday pay, further
compensation at the 'overtime rafe'fbr` the actual holiday
worked.
.SECTION •13
CALL BACK PAY
1. Ah employee who is called back to work after having
completed his/her'reguLar shift and;fieft the city premises
shall receive a, minimum of two (2) hours'work or two (2)
hours pays. at the overtime rate. To the exfient an employee
R 25~, ~ 5,- l(y0 NCS 15
is paid overtime premium pursuant to the overtime schedule
under Section•I2. (OVeriime;), listed above-;, .he/she shall not
be paid overtime premium under the call-back"sect-ion for 'the
same timer worked: ,This paragraph„sha'll' not ;appL-y to-
employees.'who are called in early for a shift,, .e.;.whent
they Faork"continuously. from the time they are called in
until their regular shift-begins:.
SECT-ION 14
.STAND=BY'PAY`
1.. STAND-BY DEFINED
Weekend. stand=by., for 'f heppurgoses of ths;Agreement, shall
.mean times'whch a sche_dule_d employee must be available on an
ohreall>basas~outside the empl~oyee''s norma'1 work week ih
order'to be available to respond to emergency calls.
2. ;WEEKEND STAND-BY
Effective rJuly 1, 1'98:8' a minimum compensation of $90,.•00 per`
for each weekend of stand-by from 4t 30 p'-: m:, the' last day'of
the. normal work. week, `to 8ab0•a.m., the beginning of the
normal Work week.
HQLI_DAY STAND-BY
.For a City desi'ghate'd.; fixed=date holiday that -falls iri. the
five (,5) ,day work week.,. a minimum of $45,.•00 pay- wil_3 be! paid
by the City 'to an employee on, such holiday stand-by„
beginning at 4:30 p.m: or ;the end of: regular- woY-k period grid
continuing to. 8:00 a:m:; of; the next regular wor-k day or
weekend.
4. CALL. BACK' WITHIN A WEE_ KSND/HOIIDAY (,STAND-BY)
A minimum .of one hour :at time and ohe-half'shall`Fze paid by
the-City ,f or every call or assignment required
L5
1. When+an employee is promo
hour-ly rate next higher t
for: the classificatioh t6
he/she shall,be paid the
is/her' own within ;;€h`e pay grade
c$ he/she wascpromoted;
2_ When'an:employee.is-tr-ansferred,f-rom one c3assificat~oh to
.. ,. ..,,
:another classif-i•cation_ in the same pay grade; his/her~'fiourly'
,rate shal-l remain the same:
3. A permanent ,or prdti-at-onary•employee wha -s transferred to a
class with a lower salary without abreak'in~service will
receive the same rate of pay'he%she received. prior to the
transfer., Such salary shall.,. not 'beincreased until the time
_. _ ... ,
that a h"i'gher salary-of the class~,to which; he she was
/__:. _ ,
transferred equals or exceeds hi's/her, salary. Such trahsfer
- ..-.
"may be departmental or 'inter-departmentai, and may be made
l6
by appointment from an>employment list, temporary
`appoi'ntment, reclassification of position, or
reorganization of department ,, .and shall.be in accord with
the ,personnel rules and.rregulations. The provision of this
rule does not apply incases of di'scplinary demotion,
demotion in lieu of layoff, or voluntary demotion.
Effective July 1, '1987 when a person is involuntarily
assigned to a lower ,classification he/she shall receive the
lower rate of pay, effective the first day assigned to that
classification:
SECTION 16
TEMPORARY WORK OUT'OF ChASSIFTCATION
An employee holding a,classfi~ed posi-tion may temporarily be
assigned the duties o_f another position in a higher
classification for a+period not to exceed ninety (90')
calendar days during any fiscal 'year, 'The employee shall
receive either the next .higher step in the classification to
which-heJshe is assigned' or~a 5% increase, whichever is
greater:
An employee ,assigned to a position, at an :equal or lower
classification shall remain at the current rate of pay.
SECTION 17
PAYMENT 'FOR MISSED-MEAI:S
The City Shall pay. $6.00 to an employee who is requested and,
who does work'two (2•)'hours,beyond"the employee''s normal
quitting time and kas'been prevented from eating a meal
after such quitting :time..
SECTIONT8;
TERMINATION^PAY:
1
VACATION PAYMENTS UPON TERMINATION
~- -
Upon terminatiom•, voluntary resignation,, or- retirement, the
employee; shall. receive a' lump ;sum payment for a3~1
accumulated 'but unii"sed vacation time. Two weeks advance
notice in.•writing,should b'e given to the City of the
termnat"i`on date.
2. COMPENSATORY TIME PAYMENTS UF?ON!SEPARATION.
Employee's separated f-rom City ser-vice shal3
sum payment for all accumulated but•unused
time. -
~e so , Q S - 6(00 ACS
FROM CITY SERVICE
receive a lump
compensatory
17
3• RETIREMENT SICK LEAVE PAYOUT
In -the event o8 death or retirement, an employee who has
completed ten (L0) years or :more with the City shall receive
fifty percent (50~) of his/her accumulated but unused sick
leave; no€. to exceed, four hundred eighty (4:8.0 hours).
4.. COMPUTATION OF'$EVERANCEALhOWANCES'
,Compensation for vacation, s^ck leave and,,holidays:a's
described in-this Article shall be comput"ed at the
employee's.;hourl'y rate on the effective date of 'termination.
SECTION. 19
RETIREMENT CONTRIBUTION:
Tlielpercentage of each employee's PERS contribution: previously
paid by"the City prior to trie adoption of .this as the Employer-
--
Payment of Member Cohtribut"ion (EPMC) shall-instead~~be paid`to
the employee who shall then ,pay that amount to 'PERS. For
purposes of wi-ttihold-ng, the City hall defer tliaf •por-:ton of the
employee:"s contribution paid to PERS through Section .41,4(h;)(2j of.
. ~_
the. Internal Revenue,Eod`e•pursuant.to City of Petaluma Resolution
90-363.," Therefore, .f or caleu-1°ation of base saTary'at ret'iremeht,:
the. employee shall "now have an increased ,base salary fhaf,^w3-1:
- .- ..:..
ihclud'e the total amount of the 'employee's' contribution to PERS
previously paY_d..as EPMC-.^ The employee's contribution wil`1 be
withheld from the employee's pay by the;Ci-ty, and th'e City will
make the employee's payment of the employee cohtribution directly
to PERS on behalaf of the employees The employee may not make an,
election to take this amount in 'salary and/or•"to make the_;pa_yment
to PERS, The "tax exemption does :not apply to FICA/soc`al
security:, ThePfpollowhg is~1an example of`pheyappl`icafon of'IRC:
4`l4'(h)(2;) as a lied to a mscePlaneous em to ee.
Ah employee makes $1;-0,00 per"month bas e.sa__lar-y :. Under''the prior
contract the_ employee.was'not responsible for ,paying 6$of th"e
required 7% employee ,contribution. The City was responsible for
paying 6%, ($60,:'00,) , which was. a City :responsibility. that wa"s` is
,add'i'tion to the $1,.:.000 base sal"ary;:
Under. the. 414 (h".)^(,2,) m_ethod;_ the. EPMC will never-a. to salary and
the .employee'"s base'salary will now be $1,,.060. Of this ~7%
(approximately $:Z 4,"00) will be paid to PERS from the $1,,;;060x: The
full 7o will be.tax~exempt and .this means the employee will. pay"
taxesoh $986.00.. ~ _
'SECTION 20
.SMOKING CESSATION PL•A~i
The City agrees to provide,any member of the Unit up to $50;0,0
-for completion of a~smok-ing cessation program; upon receipt of<
the.certfica'te of completion.
I8
SECTION 21
WORK" :BOOTS
The City shad pay $-100.00 pe"r F.-fiscal Year. f or safety work boots
upon receipt being provided to the_ Personnel office. Each
employee couered.by this section upon completioh of his/her.
initial probationary period will be credited th"e above amount and
may draw"down through the-submittal of -invoices to the City.
SECTION 22
COMPENSATORY'TIME PAYMENT.
All accumulated compensation time as of September 30, 1995 and
each year thereafter, but for ssxty hours, will be paid to the
employee by the City.
SECTION 23
HEALTH'INSURANCE•
1. ACTIVE Employees
The ,City shall participate in the Public Employees'.Medical
Health Care Act (.PEMCHA) for members of Unit 2. The
designated: premium paid by the City toward this program
shall be in the amount of $100.00 'per month per employee.
2. 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 $8.00 per year'to $0.00 after 20
:years .if the retired employee continues in the PEMCHA plan
as a retiree. Should the. retired employee not continue in
the PEMCHA plan, he/she will. be eligible for the full
$10.0.00. It is the responsibility of'the retiree to notify
the City in writing that he/she is not being covered by the
PEMCHA plan and the City will commence payment of the
$100.00 at the beginning. of the month following the ,receipt
of written notice by the~retree.
SECTION 24
LIFE INSURANCE'
1. The City shall provide for a group term life insurance
program for City emp4oyees in this unit. The City shall
pay„ during the course of the Memorandum of Understanding,
the insurance premium~t'owards? employee only coverage for
such,insurarice in the principle sum of $25,000 per employee.
SECTION 25
DENTAL INSURANCE
1. The .City shalI;provide;for a group Delta Dental Insurance
Program for. City empl-ogee and dependents. ;in this unit.
Additional-ly, the City Shall contribute toward an
Orthod'onture, plan $1;,;000- per child at a 50%. co=payment ;rate:
2.: 'The City shalt pay, during the: period of this Memorandum the
_,_
full premium toward the City group dental insurance coverage
program.
SECTION 26'
:LONG-TERM' 'DISABPLITY,
1. The City shall; provide for a long=ter-m disability plan.. The
_ .. ,_
premium shall .be paid for by the City.
SECTION 27
VISION -INSURANCE
1. The City~shallprovde a Vision Plan for employees and
dependents. The premium sha33 be paid for by the City.
28
1. The City shalI!provde:to
add-tional monthly health
PEMCHA,~Health 'Plan -of th
$100:.00.
active ,members of Unit ;2
iael-facer payments equal the
woods premium,amounts less
- : r ;20
SECTION 29
VACATIONS
GENERAL
1. The purpose of annual"Vacation leave is to enable each
eligible full-tme!employee 'annual'ly to return to his/her
work mentally refreshed. All.emplogees in this unit shall
be entitled to annual vacation. with-pay except the
following:
a. Eull-time employees.'who have.. served 'less than 12 months
i'n the service `of'the City; 'however, vacation credits
for -the time sYi_a1-1 be granted to; each such employee who
later receives permanent employment.
b. Employees who. work on a tempor-ary basis and all part-
time employees'as defined by Section 2 #4
(Definitions:).
2. All permanent.employ.ees.of this unit after serving at least
one full year are erittTed to the-equivalent of ten (10)
working days of vacation with pay in the next succeeding
annversaryyear of'employmeht_ A1'l permanent employees of
the unit,, after f'iue [5) years of.cohtnuous service with
the City and commencing with the sixth, year, shall be
entitled to fifteen '(l5) working days of vacation with pay
per year. After"10 years of service; one additional day of
vacation shall,be added. for each additional-year of
continuous service fo•a.max-imum~of 25 days-vacation. If an
employee wishes 'to take• rtnore than twenty-five .[251
consecutive working days-of vacation, rie/she. shall have the
pr!or~approval of his/her department head and the 'City
Manager.
3. The time during the ca,l'endar yeah which an employee"may take
his/he,r vacation shall be determined 'by the department head
with due respect for.the wishes of the employee and:
part.culax~ regard for the needs of, the 'service. I.f the
requirements of the. service are such that"an employee'.-cannot
take part or all of his/her 'annual vacation in a particular
calendar year, such vacation shall be taken during the
following calendar year,
VACATIONS -,ACCRUAL
4. Except as provided above, an 'employee; sYiall not, accrue any
paid, vacation time:~during any leave, of, `absence without pay
or during any calendar month~in•whch he/she is absent
without pay for fifteen (l5}, or more working. days.
5. Paid vacation time accrues :and"is recorded at the end of
each calendar month of employment.
T\ eso , q S'- 1 lv U n1 CS 21
6. No employeesh"a1-1 accrue" paid vacation time -n excess of; two
(2) years vacation ;leave. The City shall provide': a. print ,
out of the Association showing the vacation balances in
November and May of each Fiscal Year-:
ELIGIBILITY
4. Na empl'oyee:shall be ;eligible for paid vacatoh~:time'or-
receive pay i'n:1'ieu of vacat1on~tme before i't accrues.
PAY IN LIEU'OF+VACATION TIME
8. An employee will .receive 'pay in, 1'ieu bf paid vaeatibm time
('i.e. , withogt -taking; actual' bime off from work-')+ on1,y under
the followin crcumstances•
a. Retirement; or
b. Resignation
c. Death, in which case an ,heir or heirs wYll.be paid':
y "in lieu of vacation sha~l'1> be :at the. employee';s hourly
9 • -rate times the -number of hours .o f' accrued. vacation time,;
SCHEDULI°NG OF` PAID VACATION TIME
10. Paid'vacaton time shall be re uested rn advance'
employees ~n accordance.with;, rocedures.established by the
City, except that-when extraopdinar ,circumstanceby
y s occur.
bey„ond they contr-ol of the ,empl'oyee,, tYfe. employee !may be
permitted fo reschedule his/her vacation at, a-:time m_utua3`ly
agreed upon:.
1T. The first ;day off shall be,c.onsider,ed;as,a Saturday for
irregular; shift employ,.ees for, the purpose of computing
gacati~onsand compensation for such employees., Ahy
questions relative to -i•hterpretatiori of this section'-shall
,_. -.
be resolved by""};the City. Manager whose: determination shall.be
f Trial .
HOLIDAYS WITHIN, 'VACATIONS
In the event tha_t'one or more of the municipal holidays,
observed'on th'e specif'c:day,'falls within an 'annual vacation
leave, such holiday shall not be ;charged as uacat'ion leave,
and the vacation leave,shall-be extehded.accordingly,
22
_ `.~ :,
SECTION 30
SICK LEAVE+
ELIGIBILITY
1. Siek leave with pay 'shall be gr-anted to all Unit :2 employees
asset forth. in thi"s. section. Sick leave is not a right
which .an employee may•use at 'his/her discretion,. but rather,
shall be used only. in case:`of personal illness,, disability
or the serious illness or injury of an employee's family
membeb which requires the employee''s.attention: The term
family memtiers shall,nclude: s'pouse,, children, parents,
spouse's parents, brother-s, sisters or other individuals
whose~relatonshp to the employee is that of a dependent or
near dependent, except no sick leave shall be payable for
any'njury or absence which results or occurs as follows:
1. Intentionally self-.inflicted;
2: Participating in any criminal act;
3. Partibipatng in a riot:
4. Working for an employer other than the City.
Additional 'family sick ,leave shall be in accordance with the
Family and Medical Leave Act.:
2. Neither shall any sick, leave be payable(1) during a vacation
except when hospitalized or equivalent confinement, or (2)
during a layoff, leave, of absence, or disciplinary layoff.
3. All ..hours of sick'~leave accrued and all hours of absence,
whether or not.pai'd; shall be recorded. To the extent
necessary to implement this Section, such records may be
inspected by+an individual employee and/or 'authorized
Association representative.
ACCRUAL
4. Sick leave shall accrue~to all ,full-time ,employees at the
:rate of one day -for each°month of'contnuous service. No
'employee shall accumulate more sick leave in any year than
provided..
5. Sick leave. shall continue to-accrue while an employee is on
vacation, on sick leave, or on job-connected injury leave.
6. No'employee shall be eligible for s'ick'leave before it
accrues.
7. Employees serving their probationary period, with the
approval. of the City Manager, may take up to one day sick
.leave with pay-for`each month worked. Employees .hired on or
before the 14th of the calendar month shall be credited with
Reso, RS-~~p v.1CS ;:~
SECTION 30
53CK LEAVE
ELIGIBILITY
1: Sick, leave with pay shall be .granted to all Unit 2',e_mployees
as set, forth ,ih~ thi's section: Sick l`eaveis not a right,
which an.emp'loyee may'use at his/h'er: discret'i'on, but rather.,
shall _te -used only -in case of per-sonal il'Tnesss; dsabil"ify
or the, serious illness or injury. of an employee's family
member which ;requires the employee's attention^. The term
fami-ly~~members shall! include: spouse, children; parents,
spouse's par-en£s, brothers, sister§ or other individuals
whose .relationship to ahe employee-is that of'a.dependeht or
near dependent., except.'no sick leave shall be payable for
any'ihjury or aFisence wriich resin"ts:or occurs as follows,:
L. IntentonaTly'self-inflicted; '
2. Participating in amy criminal act;,
3. Participating in a riot:
4. Workinq~for an employer other than the'City.
Additona family sick ,leave shall be in accordance"with thee.
Family and Medical 'Leave Act.: '
2. Neither shat3' uny sick leave be-payable(7;)' durin"g "a vacation
except when hospitalized or- equivalent. confinement, or (*2.),
., -
dur-ing a';layoff; leave: of absence„ or disciplinary layoff;.;
'A1'L hours of sick leave accrued and ;a 11 hours of absence;
whether or not paid, shall be ,recorded'. To the extent.
neeessary~to implement this Section, such records may be~
inspected by an individual employee and/or authorized
Association representative.
ACCRUAL
4. Sick Teave, shall ,accrue to ;ah full-.time employees at, the
rate of one day for each month 'of continuous service. No
employee. shall accumulate more sick leave i'n any~year'than
provided.
5. Sick leave shall continue to accrue-while an employee is on
vacation, on sick 'leave, or on job-connected'in~ury leave:
6. No•empToyee shal'1 be .eligible for sick leave before it
accrues:
7. Employees ser--wing their. pr-'obationary period, with the
approval- of the Eity-Manager, may take iip to orie day s'Yck:
leave•~wth pay for each month worked. Employees hred.ori or
before the 14th of the caTehdar month'shall be credited with
24
one day of.sok cave+at.the end, of that month. Employees
hired on or after the 15th, o€ the calendar month shall not
be credited with' any sick leave for that calendar month.
MINIMUM SICK'LEAVE CHARGEABLEI
8. For the purpose of charging s'-ick.Teave, the minimum sick
leave chargeable will be one working ;hour.
SICK LEAVE., GENERAL
9. On taking sick leave time, the employee must notify h`s/her
department head either prior to;,~'or within thirty minutes
after the time set for beginning `his/her daily duties. If
an empl'oyee's duties begin before the. switchboard is in
operation, he/,she must notify the departmeht.not Pater than
8:30 a.m
10. Sick leave shall not be consi•dered;as a right which an
employee may use at 'his/her d'iscretoh, but a privilege
which shall be allowed only in case of necessity and actual.
sickness or disability.
11. When an employee~is absent for more than -three (3)
consecutive days ,• the City'Manager•or Personnel Officer may
require a doctor's certificate for such sick leave absence.
Upon review of an employee's Sick .Leave Record, and where
there appears to be a'pa'tterh of abuse, the Supervisor shall
notify the employee and the Associat1on Representative in
order to d"iscuss the'sck leave usage.. The Supervisor will
have the option to immediate'~ly require a Doctor's
Certificate for any fiifure absences.. This would. constitute
a Verbal Warning. If f_he,abuse still continues:, the
Supervisor may initiate a•suspension,and/or dismissal action
through the procedure outlined in the Personnel Rules and
Regulations.
12. If an employee has not recovered.'by the time he/she has
exhausted his/her accumulated sick leave, the City Manager,
upon receipt of such request n_ wri•tng, may grant him/her
leave of absence not to exceed the time limitations of
Section 33.
13. Upch the expiraton•of a leave of absence quoted under
Section 33, the employee shall be returned to the same class
or position or to any position. to which he/she had been
eligible to transfer at the time. his/her leave of. absence
was grahted, provided he/she furnishes medical certification
of ability to perform the position for which he/she is
eligible..
~2so, ~ S-CCe~?+JC:S zs
14. The: City Manager=.may'revoke pay and sick ;leave time if'the
employee is not in fact sick, or if hejshe has ehga,ged,in
priva'te,or other publ-•c, work while on such leave,.- Abuse of
sick leave as stated above is sufficient grounds for
dismissal.
lb. No penaTfies shall be -imposed on_ employees for taking.
justiSiable sick .leave to which th"e employee: is eligible.
TRANSFER OF'SICK LEAVE
16. Employees wish'irig to donate hours; of nick leave to another-
employee~may do so by sending a written request,, approved by
their department head:,. to the Personnel Office, nam-ng the '
individual to receive the sick leave and"the, amount donated,
with, the,f-ollowng;restrictpns:
1. Employees who wish to`tr-arisfer sick leave :must retain a
minimum of 1'60 hours sick .leave to be el,gble`to
transfer sick weave.
2. All such transfers of sick Beave,are irrevocable.
3,: The employee receiving the sick leave transfer must
have_ zero (Q) hours of accrued sick leave,, vacation 'and'
CTA.1eft on the,books_
4:. Employees may not buy or sell, sick leave, only the time
.may be transferred.
b,. Employees may not transfer sick leave upon. separation
of service: -
6. Transfers'sHall only be allowed within the Unit.
• ,SECTION 31.
BEREAVEMENT :LEAVES
1. In the event of the death of an empl'oyee's spouse, mother:;,,
grandparent, step-mother, mother-in-Law, father,, step-
father-, father-in-law„ brother', sister, brother-in-law-,
sister ,in-law, or child,, heliidirig an adopted:ehld, an
employee: who attends,th`e,funeral shall be granted time off
work with .pay,. The amount of'time off work with°pay shall
be only that which is'•requ--red to attend the funeral and.
make neces'sary' funeral- arrangements.:; but in -no event shall
it exceed-three (3) working days. ,These three~(~3;) days,
shall not be•;chargeable to-sick leave;. ,An addi~tionaL two.
(°;2) daya required €or necessary funeral arrangements .may be
charged to the ,employee's sick leaV,e:;,any;additional time.
beyond tYiese two~days may be char-ged to accumulated
compensatory time or leave without pay,
SECTION' 32
,FAMILY MEDICAL LEAVE~.ACT
Pursuant to the Family and Medical Leave Act of 1993.E FMLA•:1'eape
may be granted to an employee who has been empTpyedfor `at least
26
twelvey:(12j.months by the, City :'and who has provided ;at least
1,250 hours, of service dur-rig'ah'e twelve (12) months before the
leave is requested: The; leave may be granted up to a total of
twelve (1.2) weeks during the fiscal;year for the following
reasons':
A. Because of the birth of a:child or placement for
adoption or foster care of'a child;
B. In order to care for the spouse, son, daughter, parent,
or one who stood h place of a parent of the employee,
• if such spouse, son, daughter, pareht, 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 employee must provide the employer with thirty (30) days
advance notice of the Teave.; or such notice as is practicable, if
thirty (30) days notice is riots possible. The employee must
provide the employer with eertif'cation of the condition from a
health care pr-ovder. The employer, at employer expense,., may
require a second opinion on the validity of,fh'e certification.
Should a conflict arise betweeh health ;providers„ a third and
binding opinion,, at employer expense will be sought..
An employee seeking FMLA leave must-first use paid sick. time (if
applicable) and vacation before going on unpaid leave. The total
amount of family leave paid ahd unpaid will ,not exceed a total of
twelve (12_) weeks-.'Ih.ahy case in whch a husband and wife
ehtitled to family eave are both employed by the employer, the
aggregate number of workweeks of •leave to which both may be
entitled may be limited to twelve ,(12) weeks during any Fiscal
Year if such leave is fakeri:becau_se"of the, birth of a child or
placement for adopton!or -foster care of a child. The employee
will be responsible f or hs.~sh8re of the, health insurance cost
during the leave. I_f the employee-dbes not return from the leave,
he is responsible for the total insurance premium paid by the
employer.
Forms are'-available with the'Persohnel Office
SECTION. 33
HOLIDAYS
1. Authorized, City observed, paid holidays:
A., The City.w-11 designate eleven (,11)' paid, fixed-date
holidays for employees h this unit. Such holidays
- sha-11 be establsled for the City's 'fiscal year as
determined by the City Council°ResoTution.
B: During the fiscal year of the Memorandum of
'Understanding, for those employees hired on or before
July 1. of .that Fiscal Year of the MOU, the 'City will
Re so. c15 - ~ coo ACS 27
authorize, one (1) '~'Floatng;Holday" per employee,
which may be taken by ,the employee during the Fiscal
Year at a time ;selected,.by the employee,, .subject 'tb
--.
operationa3 requi-rements~an_d approval 'as determined by
the. City.
2. The holiday shah bea consecutive'twenty-four '(24,),'hour
period, starting with the employee's startng'tme on, the
calendar day on which the holiday is observed:
3. Each full-.time employee, other than an employee~on layoff,br
_,.
on any leave bf absence, shall receive eight ,(.8,) hour-s pay'
•.
at his/her hourly rate for the-holiday, provided the'
employee meets the following-eligibility requirements.
4. He works his/her last scheduled work day :prior to ;and
his%her first scheduled work .day following the. holiday',
unless failure fo work on either or .both such days's "
excused because of (1_) personal sickness or injury,. or~(~2''^)
other extraordinary circumstances.beyond the control of the
_r. .
employee proven to fhe"satisfacti`on.of the'City Manager
wkiich 'cannot .kie: cor-reeted in time for him/her" to; meet
his/her employment obligation.
5. Observance 'by an_~emp]:oyee of a designated religious event
may be granted, "if practical, with at least seven.(7) "days
prior approval :required for_ such leave; under the 'following
.methods:`
1. Time'charged.to accrued-vacation, allowance;',or
Y _ _-__. .
2 Time o8f'witfiout pay.
SECTION 3.4`
,INDUSTRIAL INJUR& LEAVE
WORKERS!` COMPENSATION
Benefits shall be payable in situations where employee
absence is due 'to industrial Ynjury'as prow-ided 'in
Cal-forna State Workers' Compehsat=ion Law,. The amount of
disability payments paid to~trie injured employee shall be
,deducted from salary payable to the employee while
supplementing his%her, salary through sick leave.,, vacation,
or
compensatory time off. During the first. ten (:10)
calendar days of absence for i-ndiistral disabil-ty,; the City
will pay employees an amount"whch when'added'to' their
,,.. ,,__
Workers' Compensation;beneft will equal their• regular
salary rate. ,This suppTementa'1 amount shall not' be deducted
from the ,employee-"s sick leave, vacation, or. compensatory
_.
time off benefit: In the case .of absences beyond `ten ('10.)
working days., the employee shall be, entitled to;supplemen£.
the. temporary disability payment with the use of sick .leave,,
vacation, or compensatory time off for a period o'f up to-six
2 8'
._
(6) .consecutive 'months unless such leaves are exhausted or
the 'employee 'is~determined.to'_be permanent and stationary
(See Section 26 - Long Term'Disability). The City shall pay
the regular salary,, based on the combination of the
Temporary°Disability benef•itplus sick leave, vacation, or
compensatory time off. The injured employee may choose to
receive workers;';compensation payments only, without City
payment for salary at.rio loss of sick leave, vacation, or
compensatory time off': Voluhtary Leave participants who
become eligible for Workers' Compensation Temporary
Disability benefits shall have their sick leave, vacation,
or compensatory time off supplements prorated to their work
week-equivalent hours.. Sick ,leave for industrial injury' '
shall not be allowed for a disabili-ty resulting from a non
'job related illness, self-inflicted injury or willful
misconduct.
DETERMINATION OF INDUSTRIAL DISABILITY LEAVE
Except as otherwise limited by this Section, the amount of
industrial disability income available to an eligible
employee shall be determined by'muSti:plying the number of
hours, not to exceed. eight 'in a ;calendar day nor forty in a
calendar 'week, of time lost from work because of the
disability, times -the 'empl'oyee's hourly rate at the time the
injury occurs.
NOTICE AND PROOF OF 1NDUSTRIAL DTSABILITY
3. No industrial. disability ,leave:shall be permitted unless the
employee's superintenderit.is notif-ied'of the nature of the
disability and the probable duration thereof as soon as
possible, but in no event later than. the conclusion of the
current work day,. .except when the failure to notify is' due
to circumstances beyond the control of the 'employee: The
injured employee must complete a notice of .injury-form
within the time limits stated.
4. In all cases on returning to work an employee claiming, or
having received, industr-ial disablity'leaye must certify on
a for-m provded'by trie City as`follows:
1. The nature of the industrial disability which prevented
him/her from working, including time, dates, and
circumstances, and 'whether""or not under the care of the
City's physician.
2. The amount of tme'lo_st from work in hours because of
the disability,:
3. The name of the indbd'ua;l to whom notification of the
accident was given or~the reason notice was not given.
n 29.
1-~e~0, ~5"~lR~ ~.1G5
4". A r"elease from an approved State Comp physician.stating
__
that the employee has recovered and is capable of
returning to work.-
5. In the event that facts and :circumstances,~ndicate that
the: employee may not be: eligible for industrial
disability 'leave as claimed., evidence of ,industrial..
._
disability :may be, requested„such as a physicam''"s
statement of the.industri'al disability.
Arbitrary failure or refusal to foll"ow accepted medical
practice 'in treating a di'sabi'lity shal`1 be reason for
.,
discontinuing or,withholding --industrial ds'abl'i~°ty
ihebme.
=SECTION 35.
LEAVES OF ABSENCE 'WITHOUT PAY
METHOD OF REQUESTING LEAVES OF ABSENCE
•1.. An employee „who :desires a leave 'of absence from work wi-thout
pay shall file a wr'-itten request "with. the `Department Head on
forms provided'by the :Personnel Department ;• stating the
.~
tit-le of"h-is/her position, the: ,beginning and ending dates of
the::requested leave and a full statement of the ,reasons for
such request.:, The Department Head may grant or deny such
leave for a period not+to•exceed three work days, Request.
for additional leave must.be,submitted in the same manner to=
_.
the+Cty Manager.:
GENERAL CONDITIONS
2. Dur-ng a leave_:of absence; an employee will not accrue.
vacation nor be eligible for any`payments for `time off work
as provided by th`is~`agneement.
3. Subject to and, consistent with the Group Health and Life
Insurance Plan, coverage may be continued during, a leave;of
., .,.
absence without ,pay provided'direct payment of the~tbtal,
Premium is. made•by the employee in a manner prescribed by
the City..
4. Durng,a_leaye of absence:, both the, City-^s and the'
emploYee's;contrbutohs to~the Employees= Retirement Plan,
ar-e ,discontinued. and;benef-its do not accrue, riot can they _be
withdrawn, nor are they .forfei'ted. ,
PERSONAL: .LEAVE ,
5. ,An "employee for personal r-easons may be granted a-leave of
absence ,without pay by the City fora period no't to exceed.
~ 30
pP ic. 1
three.(,3) months. T-h'e;leave.,may be extended for additional
periods; but .in rio case;shaTl:a leave and extensions exceed•
six-I(6) months,.. A leave for ;personal reasons as herein
provided may not be used to extend=or compound a leave of
absence granted. under ahy other provision of this agreement.
MEDICAL 'LEAVE
6. An employee who (;1) is unabl°e to work,-because of non-
industrial personal sckrfess.or injury„ or (2) has exhausted
sick `leave and' vacaf'on payments, may be granted a leave of
absence: without pay'upon request in writing and. the
furnishing of satisfactory evidence, of sickness or
disability. The evidence of disability `may be furnished by
any person havhg direct knowledge of'the sickness or
disability. The leave of ;absence available pursuant to this
paragraph contemplates a short 'term 3eave which is agreed to
be a period of. .one ca=lendar monfh'or less.
7. For continuing disability, extended leave of absence without
pay may be granted for a period'up to six (6) months unless
further extended by the City: Ih'no event will an extended
leave of absence without pay exceed one (1) year. The
amount of extended; leave of absence granted pursuant to this
paragraph shall' be dependent upon the employee's furnishing
satisfactory proof of disability, a showng'of receiving
continuing and appropr-ate medical treatment., and the
furnishing of a physician's opinion that leave of absence is
warranted for medical'>reason;and that his/her prognosis is
that the employee will;be pWhysical'y Sit to ,perform his/her
duties at the end of the requested leave .of .absence. In the
event the employee's'phys`cian's prognosis and report is
equivocal, the City may request its physician to submit
his/her independent report.
'In order to be eligible to '.return to active employment, the
employee, returning-'from a medical leave of absence must
provide, at least :fourteen (14:) ca~lend'ar days prior to the
end of leave, a statement from the employee's physician
releas-ng the employee to return to'work. If the employee
cannot return to his/her former position, he/she will be
placed in an,elig1bT"e .category fora classification for
which lie/she has the ability to perform the work.
9. :The City,-, at its option .and w,thout;cost to the employee,
may require that a physician=or physicians of its choosing
examine the employee before;returning him/her to active
;employment:
~eso ; a 5 - ll~o ~tiC.S s 1
SECTION 36'~
ANNUAL MSI;ITARY DUTY
1. An: employee may be absent 'on military leave, as authorsized in
Section 3,9.5"through 395.8 of the Military and: Veterans :Code.
of California. The employee .shall •furnsh to the City
Manager satisfactory proof°of,his/her orders to report for.
duty and,o.f his/her actual service pursuant to such orders...
Employees with, less than one, (l)"year City sere~ice shaS'1
take such leade.without compensation f-rom the City 'or as
provided'%n the`Military and,`Veterans Code.. Armed Forces
reserve or national ;guard base pay ishall be offset aga'rist
such' pay:
2. If; an employee receives vacation '.pay dursn_g a period of
training, or service„ he%she shall not be 'eligible fo= tfie.
mi3itary 1eaVe provided by this article, for tkiat period"of
time for which he/she receives vacatiorn pay.
SECTION .32
ALLOWABLE COMPENSATION_.WHILE ON 'DUTY AS JUROR
Every classi'f-ied employee who. serves as a' trial, juror or is
compelled to, appear on behalf of the City: under ser--vice, of
process, shall be entitled to Be absent from the employee's.
duties with,''the City during the period of such service or
while necessarily being present in,court-as a result of such
,_ _
call.. The employee. shall ~be~ paid the di+fference ;between the
employee''s full salary and, any payment received by the
employee,; excepting 'travel pays, for such duty:. However,
such time, shall not :be considered as time, worked :f or
purposes of Section 4.2'..
SECTION 38'
MEALS AND REST PBRIODS
1. All employees shall"be„granted a meal period o£ thirty (30:p
minutes during each sehedu$ec3 work-shift; except'foa
employees who wor-k• other than the,r.egular day shift; Th"e
designated thirty (30) minute meal period shall be without
PaY.
2,., There shall be granted .a rest period. at :the ti-me,; place', and
manner that, does not 'interfere with the' efficient operation
of the Department_ Such„r;est per-iod shall be with pay`and'
shall not. exceed fifteen (1'St) minutes for each 3f our (4'.)
hours of work., The. rest period is intended'to _be:a recess
to be preceded and followed`bY an extended work. period:
Consequently, it may not be `used to cover anyemployee"s:lafe
arrival t'o workibr early departure, to extend .the meal
period, nor may it be regarded: as cumulative `f not taken'.
32
~'
SECTION 39
COMPENSATORY TIME OFF
Employees may receive, in lieu of being paid for overtime,
compensatory time off.
No employee may-earn mor-e than two hundred forty (24:0) hours
of Compensatory Time ''Off per fiscal year. In addition, no
employee may retain on the books.mor-e than, two'huhdred forty
hours of unused Compensatory Time at. any,gueh point during
the fiscal year.. Ainounts~submtted ih excess of-these
limits shall 'be paid at, time and one-half. The employee may
take Compensatory Tme,Of-f up to maximum of five (5) days at
a time selected by the 'employee, subject to the operational
requ'i'rements of the City and with approval .determined by the
City:
SECTION'40 '
VOLUNTARY REDUCTION. IN HOURS
This section is to encourage employees who might wish to
voluntarily reduce their work hours and. thereby reduce City
expenditures, the City will.'a'llow employees to take voluntary
leave without pay on a daily, iaeekTy, or monthly basis not 'to
exceed 20% of their annual regular work achedTule.
Any eligible employee wishing to voluntarily reduce his/her work
schedule shall discuss -their 'proposal with.-their supervisor
and/or Department'Head. The proposed modified work schedule
shall be submi'tted.in:.writng to the City Manager. If approved
by the City Manager,, the .proposed achedule shall be implemented.,
provided to fhe;employee'~s department, and copied to both the
Personnel and Finance for coordination.
The following-parameters apply to the,program:
1J The;.employee h'as the r~ght.to cease participating in
th"e pr-ogram upon providing written notice to his
Department Head-. The City reserves,-the right'to cancel
th'e program for an employee; at-any time.
2) 11ny leave .of absence must have the prior written
approval. of the Department `Head and City Manager.
3) Reduced'work day or work week may be on-going up to 20%
of the annual work schedule.. Full time leaves of
absence may not exceed one consecutive month.
4) All.aceruals ,( ick leave, vacation, etc..) will be
prorated•at the end of the calendar `year to reflect the
hours of -leave. taken.
R2 SO . ~I rJ -~~ lp0 ~CS 33
5') No reduction in the City paid health"premiums will
resu3t-for ,those: employees~,electing voluntary re'dueton
in hours, or extended leave of absence uhder fh~s
program:
6' An em to ee wil•1 be '
P y - , paid overtime, for hours in' ,excess
of the hours, authorized under: the. Voluntary Reduction
of Hours. program. As an ..example, if trie work: day,s/
' en 'hours per. day and five days per week,; overtime:.
wiTl.be paid, for--°all hours over seven. If ian,employee
is working a workday based bn the.Voluntary;Reduetion
of Hours„• -overtime "will be pa-id for' all ,hours in excess
,_ _. ,_
of the progr'am`workday-. As an example, if the workday
coiisists,of nine,:hours per day four days•per week.;
.- _ ....
,overtime will be paid for. ail hours over;"nine.
7) Once: an employee's voluntary Reduction of ;Hours Program
is established an hour
shall be paid under Sects wor-ked on, a, non-scheduled ;day
ion of the Memorandum.ofi
Understanding, Ca3`1 Back .:Pay.
SECTION 41•
NEW OR CHANG$D_ CLASSIFICATIONS
1. In 'the 'event a new classification is •e"stablislied"; the City
shall assign it to a pay ,grade based upon :the work 'to be
performed after comparison"wth other classifications::
2. The City shall provide the. As"socafon 'with `a 'wr-;itten
classifcation descr-ption.of-;'tkie.hew or_ changed
classification which shabl•descr_ibe_ the content sufficiently
to,ident€y the~classfi'cation:
Upon x,eceipt of 'the City''s;descrpton", the. Chef'Steward,-of
the Association, or 'his designated ••rep=esentative, shall be
~.
afforded an o ortunitLL to discuss the ;new or changed,. -
PP y - - ...-
cl'assification and'assgnment to_ th_e pay grade with the City
Manager'or his representative. If the,Associa€ion does not
~._.
request a ;meeti'ng within five (5;) work "days of floe receipt
of the City's ,recommendation,; it~sfiall be deemed to be
approved by the Association,.
SECTION 4e
SENIORITY
In the event!of any reduction'•in the, work: force;, the. Gty
will apply the princ•iple•~of,seniority and, the last"employee
hired shall be the first l'a'id off. In rehirii-ng', the.-last
person laid off shall be -the :fir`st rehired. A complaint
regarding complance.w-th thus section shall be•a.subjecf
for grievance,: In rehiring forcer :employees laid off under
this Article, the City shall offer- re-employment in the
r- . , it 34
_. __ _ ,. ~ .r- _
order of senior-ity tb such ;former employees who at the time
of layoff were performing services essentially the same as
required for the vacancy, provided:That-the period of layoff
has .not exceeded one (1);-year:
2. In shift assignments,, the C,€y will .give consideration to
the preference of employees and, to sehYOrity; provided,
however„ that final responsiblity:and authority .in job
-assignments, the ,determination of`qualifications, and the
method of determi'ning'the qualifications for any job, shall
remain vested in the City.
LOSS OF SENIORITY
Seniority sha1L be terminated„by:
a. Resignation
b. Discharge for cause
c. Retirement
d. Failure to :return to work from layoff within. seven (7)
calendar days after notice to return by certified or
registered mail or by telegram addressed. to the
employee at h"is%lier l"ast known address on file with the
City Personnel Office.
e. Absence-from work for three (3) consecut-ye working
days without notifying the: City, except when the
failure to ribtify and work •is diie to'circumstances
beyond control of the employee:. After such unexcused
absences, the City shall send written notice to the
employee at his/her last. known address that he/she has
lost his/her seniority, and his/her employment has been
terminated.
SENIORITY LIST
The City shal'1 prepare and maintain a seniority list which
shall show the names, classifieaton.title, department, and
seniority 'date of all .employees. The Association (Petaluma
Employees' Association) shall be'-given two copies of the.
list within thirty (3;0),calendar days after the date of this
Agreement, and thereafter a current list every .s ix months.
5. A seniority list, including the sase.informatioh; shall be
maintained for each department.. This list shall be
available for inspection by the employee or his/her steward.
6. These lists shall be deemed correct as,to-an employee's
seniority date unless the employee,. or the steward for the
empS'oyee, notifies the City to the contrary in writing
within five (5J 'days after a list is given to the
Association.
~S ~ ~~ t~CS 3 5
e.SO ~S
SECTION'43
PROMOTIONS
1. Exeept'for'those positions not requiring written
examinations-, promotions in the City service sha'T1 be based
on a competitive examhation and records of efficiency,
character.,, conduct or other geherally accepted'
qualifications deemed necessary or reliable„an obtaani~ng'a
passing grade. The Cty~will.gve significant consideration
to the. performance ;of the, employees, seniority„ 'physca•1
fitness, and ability-to perform the, work. Lists shall be'
created and promoton'made therefrom in the same•manner as
'prescribed -for or-iginal, appointments.
2. Whenever; practical, vacancies shall be filled by promotion.
-The rules 'cover-ang promotional examination shall .be the. same
as those'go¢ernng originalentran¢e examinations.:
NOTICE OF EXAMINATIONS
ontice:of examinations shall `be printed and sh_al1 be posted
the official bulletin boards of the City and.;may`be
advertised by ,any other means` chosen by the ,P,ers'onnel
Officer,. Public notice shall, be posted at least!fiwe (5)
,.
days pr-or to th'e final fi`_Tng date, and shall-. contain, the
fol-lowing anformat-ion.
a. The title ;and rate of pay for the posatiorP to•be
' filled;
b. Some typical duties to° be per-for-med';
=c-. Minimum qualifications Yequared•
`d. 'The mettiod_; of securing application .forms. and tYie 'final
filing date on wh-ich.,applicatons wiT'1 be accepfed;
e. The relati"ye weights assigned to the various. parts of,
the examination,;
f,. The minimum passing score.
g - y, 'ot
4. In addti`oh to.:the'postin and an her advertising that
takes placesfor'a pos"i'tion'as'.outlned in'the -above
paragraph., a copy ;of the notice will ~be sent to"the
'Association for-those positions in the work unit which. they.
represent::
5: Employees who have succe"s'sfully, passed an examination for a
higher position; and '.have been certified for the higher
position; will be deemed to qualif.y,,for- positon__s with
lesser qualifcations'and may be certified to,a lesser
position, provided no fists,exist for the lesser positions.
6r. Inc the event ,that an applicant'. accepts a.l'ower classified
,. _.
position,; he/she wall be a1I'owed to remain on, tkie
___
~g y _ F
ell ibilat 'last f,or h'i`gher classification until the 'list is
abolished. `
3'6
SECTION 44•
TEMPORARY APPOINTMENTS
It shall be the ,policy of the employer to avoid temporary
appointments whenever possible, unless failure to do so will
seriously .hamper the success of 'the City program. Under
such circumstances and when sufficient-time may not be taken
to fill a permanent position through the. normal procedure, a
temporary appointment may be made. Employees receiving
temporary appointments shall be required to qualify by the
normal selection procedures to become a probationary
employee in that class within sixty ('60) days. '
2. During any period in which employees are being considered
for promotion and during any posting period, it shall be the
policy of the employer to avoid temporary employment to such
positions, unless 'the failure to make appointments to such
positions would seriously hamper the success of the City
program. Uhder such circumstances and when sufficient time
may not be taken to fill a permanent position through the
norma3 procedur.e;; a temporary appointment may be made.
SECTION, 45
TRANSFERS BETWEEN_SECTIONS'
SHIFT CHANGES WITHSN A, WORK SECTION
1. The City Manager: may authorize a'change for an employee from
one postiori to another in the same or comparable class of
work where the same general type of qualifications are
required for entrance to such a position.
TRANSFERS
When an employee within his/her own classification and work
section wishes to, change from one'shi-ft to another shift,
he/she shall 'fi`le a r-equest fdr•transfer identifying the
shift he/she is: in aiid the one he/she chooses to transfer to
and :file it with the Personnel Officer.
3. Request for transf-er from one department or
another department or work section having a
jurisdiction or-different function 'shall be
Personnel Officer-and shall be done only wi
both department heads involved, unless such
ordered by the .City Manager for purposes of
efficiency.
work section to
different
filed with the
th the consent of
a transfer is
economy or
Any person transferred to a, different position shall possess
the minimum qualifications for that position.
An employee who has been transferred pursuant to his/her
request or who~has been promoted and not returned to his/her
~2~ . C15- l lp0 ~1CS 37
for-mer c3assification, heed'not be considered. by the City
fora subsequeht transfer or promotion during the six month
period following his/her transfer or•promotion:,
6., If th'e employee~has:filed more 'than one request for
trahsfer', only the most recent of his/her ,requests wll`$e;
cohs`idered by the City for making a transfer. Such
transfers"will' be cons'idered:only if the employee possesses
the ;minimum qualifications-for the posifioh.
SECTION 46
PROBATIONARY'EMPLOYEES
1: Ah employee is a probatonar-y employee for his/her fir-st six
mohth`s.of employment in any classfication_ In th'e evehf of
a. promotion of a permanent employee to a higher-
classification., the six month probationary period inn fhe
higher classific'ation` wit-l .be reduced. by one d_ay "for each
two days the employee had worked in;•~.temporary assignments ih.
that higher classification. 'Periods of absence:exceeding,
fine (=5,) working days shall not.. be`couhted toward,completioh
of 'f he. probationary period:
2. No: matter cohcerning the dscipl-"ne„ lay off'or terminatioh
of.a probationary employee s~ha11 be subject to the grievance
procedure.
3-: Ah'employee who has been. promoted but does.notisuccessfully
pas s: his/tier promotional probationary period of~six (,6:)~
-mohths, shall be reinstated to th'e pos"ifoh which he%sh'e,
'held'-prior to the promotion: -
4: Upon an employee,request withm,a„one (3:) month period.
fol'lowing a promotion,„ he/she'shall be returned to a reg'ul`ar
job opening "i.n-the classificati`on~from wh"ich h"e%she was:
promoted';,. .at the pay rate from which' he/she ,was promoted ,
abut "irr no event shal'1 he/sh"e `be herd ih the promotional-
position over; ohe (1) month following-:his/her"request €or;
reinstafemeht .to the lower posit"ion. ;Upori.rensfatement to
the former position,, the employee''s name wi-ll be. removed
from the promotional elgibilty.lst.
:SECTION 47
LAYOFF AND RECALL PROCEDURES.
LAYOFF :PROCEDURE
1. When employees are 'to be laid off, the foTiow~ng sha3_l be
the order of Payoff:
a._ Temporary employees in th'e a€fected elassi-fcaton
shall be removed f=first.
38
b. Probationary.emplo'yees in an affected classifications
shall be removed ;next.
e. The employee with the,l`east seniority in an affected
classification or department 5hall.be removed provided.
' that the City Manager ,may do otherwise in order to
maintain a balanced department. or work unit and to
maintain employees in the classif-ieation or department
who have. the ability to per=form .the work available.
RECALL PROCEDURE
2. An employee.who,has been laid off~or transferred as a result
of a reduction on the"work force shall be ,recalled to work
in, reverse order in wh-ich the employee, was laid off or
transferred, conditioned upon the: employee's ability to
perform the work ,available and that the period of•such
layoff or transfer has not exceeded'one_(1) year.
When.. employees are returned to'wor-k after layoff, employees
shall_ be recalled in reverse order to which the employees
were lad;off. 'The employer "shall send by registered mail
to the employee's last known .address~'notfication that the
employee is being recalled.. Th'e.employee shall return to
work within seven (7.), days, of the date of mailing. Failure
to return after, ;notice shall be grounds-for discharge and
total loss of-seniority.
SECTION'48
RETIREMENT''.PLAN
1. During the term of this agreement; the City shall continue
membership as an• agency under- contract with the State of
California Public Employees!" Reti~remeht System in accordance
with and subject to the provisions of the State Employee
Retirement Law
Each pay period<, all permanent ,and probationary employees
shall have deducted from. their ea=Wings a retirement
contribution at a percentage "rate established by the
Retirement Law.
The City .will modify-i:ts contract with PERS to implement the
following-options:
a. Sick leave cred-t..
b. Last. year compensation,,
~e50. Q~J-~~P~ l~C.S 39
SECTION. 49
DISCIPLINE
1. The City shall, .not discharge or take other dscipli-nary
_,. " _
action w"thout reasonable ,cause 3f the; City 'has reason, to
.,
reprimand; an employee, it should, be d"one in a manner- that
wi_11 not embarrass"the employee.
There :are two types of corrective or'discp'lhary actona
iiifor-mal and. formal.
Informal Action:, There are three 'types of nfbrma'1
corrective actr~ion: an oral reprimand, written reprimahd, and
_ ,._,
if.hecessary; a' correcfrue interview. Where a rule', order;
standard of cohducf or„performance.r-eguirement has `been
r.
violated„ an oral or written'repr-imand may be appropriate.
The supervisor should make it clear that .the conduct 'is
unacceptable and repetitioh.is nappropriater '.If necessary,,
.. _,
warning should :be given. that stronger informal acton.wi:11.
be taken in the: future,.. Where oral or wri€'ten zepr-rmands
have failed to correctia pattern of.•unacceptable-behavior a
corrective interview may be appropr=i ate;, 'In unacceptable
behavior., a~corrective'intervi.ew may be appropriate, hn.a
corrective interview;, the supervisor confers pr-i'vately with
the employee regarding the employees' performance and%or
conduct, ahd together they de`vel°op .a plane; including 'target
dates, for correct"ion;of unacceptable:job performance.. This
!'phan!' sha>11 be in wri-ti~ng' and signed by both ,the employee
and'supervisor:. Together, these tw,o informal fiypes of
action are both prevent+ve and correctve~measures, intended
- k
to correct a, problem. situaton~.wthout r-.ecourse to the
severity - and greater complexity - of formal action.
Form
ail Action: If: the ~•nformal corrective :measures,,
jncluding w`ri'tten reprsmand;:do not 'result in adherence to
'ob perfor-mance requirements", formal action may,•become
,necessary. Formal actions are usually taken only after a
serious infraction of fhe rules, or after;repeti£iohs of
lesser inf-ract_•on"s ,where the nfor-mal proces's has been '
unsuccessful.,. Formal action a3termatiVes "include:
_ ,
(1) suspensioh without pay 'f or hot more than 2;4'O hours;
(2 ) Rediictlon •in salary;-
(3') Demotion to a lower fob class; ,
(4,) Dismi•ssal,.
3. REIMBURSEMENT '.FOR LgSS OF BENEFITS
Ih the event-ah employee is disciplined or,,$i'scharged and, an
appeal is 'made as provided in the; Rules of-; Appea•I of the
Personnel Board =i•n the `Rules and Regulatohs of the City of
Petaduma,'and such appeal. results in a decision favorable to
the employee, he she shaTl'be reimbursed for Toss of -pay or:
f"r-inge benefits",/as+recommended by the'Persohnel.Board.
it .. '.
40
1
SECTION' 50
GRIEVANCE PROCEDURE
PURPOSE
1. The grievance procedure .shall be. used to process and 'resolve
grievances arising out of the interpretation, application or
enforcement of the express .terms of this agreement. It is
the purpose of this procedure°to resolve grievances at the
lowest possible level-and. to provsde;for an orderly
procedure for .reviewing and re"solving grievances promptly.
2. An attempt shall be made to ascertain all facts and adjust
all grievances on an informa3 basis between the employee
and'., if he/she desires, hi•s/her designated representative
and a supervisor in the employee's eh"ain of command up to
and including'his/her division head. :Presentation of this
grievance shall ,be made within ten (1'0) wor--king days of the
incident causing the grievance:.
3. If the grievance is not adjusted to the satisfaction of the
employee involved within five (5') working days after the
.presentation of the grievance, the '.grievance shall be
submi-tted in wrting by the~emp3oyee and/or his/her
designated representative to the Department Head with a' copy
thereof to the Personnel Office within the next teh (10)
working days:. In every case, the grievance must be•signed by
the employee.. The Department..Head shall. meet with the
employee and/or his/her tiesigriated representative within
five (5) working days of fhe •recei,pt of the written
grievance and sha1L deli-ver°his/her answer to the employee
within five (5) working days after the meeting in writing.
4. If the grievance.i.s not adjtiisted then., the Personnel Officer
shall meet with, the employee and/or 'his/her designated
representative within -five (:5j working days of the receipt
of the written grievance and' hall deliver his/her answer to
the employee within five (5) working days after the meeting
in wr"iting.
5. If the grievance is still not adjusted, or if the parties
fail to agree on the adjustment. of the ,gr-evance, a request
may be .made in writing by either party 'to the Personnel
Board to settle the grievance.. Such request must be made
five (5) working days after the Department Head's or the
Personnel Officer's response is given to the grievance.
6. The Personnel Board''s,decsion shal'1 be .submitted to the
City Manager -f or .determination. 'The board shall not have
the :power to add to.,. delete:,. or alter any provision of this
agreement, but shall limit is s dees'ion.to the scope,
application and interpretation of this agreement.
~eso, 9.5-1(.00 ~Jc.S 41
At any step ifr tYie grievance procedure, the employee may at
his/her election be permitted to `have a 5hop~5teward or
other Assoc ration representative present to assist him/her
in .the presentation of his/her grievance. The Association
may 'designate -the Shop Steward and shall notify'the:
Department Head and the City'Manager Of floe appo,nt_ment:
Should, an employee;elect tO present a grievance in person
and without participation of any Association Officer or Shop
Steward, th"is is expressly .allowed: No qr-ievance appeal
shall be.eonsidered at any level unless filed ig•'the appeal
periods provided in this article.
SEETION 51
EMPLOYEE JOB'.TRAINING-
1. Any train--ng required by t19e City .will be•subject to the
Fair~Labor, Standards Act. Books and tuition will be paid
for by the employee.
SECTION' .5 2'
~-
' SAFETY COMMITTEE
Effective July, 1, 1.991, a Labor/Management Safety .and :Heal;th;
Committee shall be es_tab~lish"ed within Untf 2:. This 6ommitfee
shallconsist o_f''one member! of 'the 'Association und'er' they P.tiibl`ie
Works Director- and;orie.membes 'of fhe Association under-thes.Parks_
and Recreaton;Direetor and two members of Management. The
duties of~the Labor/Management Safety'Committee Yiall be; as'
outlined in :the City ,of PetaSuma'=s Injury and 111nessPrevention
Program. .The Committee sh"all ,meet quarterly ._
SECTION 53
.BONUS-.HOLIDAY
The City .of Petaluma. 'and .the'Petaluma'Employees° Association
agree that for the term of this Memorandum'of Understanding'an
employee who does `not•use any sick leaye.during,the,period
y; and June 30, will be awarded 'One` (,1) bonus holiday
durinentJul
g he following Fiscal Year.
' '. 4 2
SECTION 54
DRIVERS' LICENSES
CLASS !!A'" /!!B" LICENSES
It is the goal of the .Association ;and: the City to ensure that all
employees are qualified to use tkie:equipment required for the
job. In order to meet thi's goal., the City .will provide the
following training for Class !'A'! and/or:"B" licenses.
NEW HIRES
All new hires assigned to those positions listed below, will ;be
required to have a Class ,"A'"' or' "B!' acen"se.
CURRENT EMPLOYEES
1) The City will pay ahe cost of the initial Medical Exam and
the Application, Fee for the license.,
2) An. on site training will, be provided prior to testing.
3) Written training materials will be provided.
4) The City will .provide training videos regarding Driving and
Safety Checks.
5) The City wiT1 provide, if permitted by the State, a DMV
approved certification process to cover in hours personnel.
6) As new equipment is brought ,on line. that requires a Class
"A" or "B" license, this procedure will apply.
7) The city will pay for one•addtonal Medical and / or
Driving Practical Test should a re-exam be necessary.
8) Renewal of licenses and•associated fees will be ,paid by the
City (i..e. - the difference between the ,cost of the Class
"A"' or "B" and the ,general Class "C"'license).
Upon completion of the probationary period for all future
promotions £o all classifications of Leadworker, candidates must
possess a Class "A'? license: If the, applicant succeeds.ih
completing the probationary period, the cost of the Class '!A"
will be reimbursed.
INABILITY TO QUALIFY
MEDICALS:
For those individuals who are 'unable to meet the,'medical
certification required for-:the equiipmenf`., the following will
apply.
1) The City will evaluate the level of services able to be
provided without the Class '!A!" or "B" and see if the
=`3
~2,Sb , q5-IC~o ~cS ,~
license requremeht for the individual position can by
waived.
or
2 ) They City may use the current- language ih tYie MOU to
e8fectuate a transfer t'o a position where the license
is .not required. This shall be interpreted in
accordance with State 'and Federal Law..
POSITION ADJUSTMENTS
For those individuals who are unable to meet the certifications
._ .__..-
required for the written j practical exam, the following wi3'1
apply::
1) The City will evaluate the 1'evel oP services able; to be
provided without the ,Class "A" or .."B" and see if the. 'individual
position can be: waived. '
2) The City may use the current langua-ge in the MOU to
ef-fectuate a~transfer to a position where the license is'not.
required'„
3) If 1 or 2.is not achievable,, the. City and'the Association
will meet and explore other option on an indi i-d'ual basis.
4 An d's ute shall b'e resdived thr-ou h the rievance
p _ g g procedure
as set forth in' Seefon 48 ,of the MOU.
CLASS "B'! REQUIRED `Effective l%L/96
EQUIPMENT MECHANIC
UTILITY MAINTENANCE WORKER I_I (SEWER COLLECTION)
UTILITY 'MAINTENANCE•WORKER`III (:SEWER COLLECTION')
STREET. MAINTENANCE WORKER I-I (PAVING SECTION)
STREET MAINTENANCE WORKER III (PAVING`SECTION)
CLASS "A"REQUIRED Effective 1/1%9.6
STREET MAINTENANCE LEADWORKER
.F, -. ,.~~ ,_W
UTILITY 'MAIN'TENANCE LEADWORICER
EQUIPMENT MAINTENANCE LEADWORKER
NOTE: AS NEW EQUIPMENT IS ,ACQUIRED, ADDITIONAL CLASSES OR
SECTIONS MAY BE ADDED:
y
This document represents the final and complete Agreement
resulting from the 1A95%1996 Meet and Confer sessions with the
City of Pe£a3uma~Employees' Association, Unit 2.
Representatives of the City and•-Unit 2'acknowledge.that they have
fulfiLTed their mutual and respe"ctiue"obligations to :Meet and
Confer under the Meyers-Milian=Brown ACt. As a result, the
parties have come to a mutual understanding which the
representatives of the City and Unit 2, who, have the approval of
their members, agree to ;recommend for acceptance and approval to
the City Couhcil of the City of Petaluma,.
The parties affix these 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.
CITY OF PETALUMA EMPLOYEES' ASSOCIATION'
Signature Date
Signature Date
CITY OF PBTALUMA
Signature' Date
Signature Date
~,eSO, q5-~~ONCS
STANDBY
Standby will be mandatoryfor;those days when the cty_shuts off delinquentywater
accounis: Standby shall bent°$25:00 for that;day: {Note: normally this€ison a
Wednesday) Standby shall be voluntary if the Public: Works Superintepdent or;;his/her
designee;behevesshat standby for other•weekdays is.required. These periods shall;be•at
$25~OO per day. Callback shall be paid:according to,the provision under'Stan86y~in the
iv1OU.
`,~ ,
Signature
gnature
at