HomeMy WebLinkAboutResolution 95-212 08/21/1995
- Resolution N®. 95-212 ~.C.s.
of tho City of Potaluma, California
1
2 RESOLUTION AMENDING THE CLASSIFICATION PLAN
3 TO ESTABLISH THE POSITION CLASSIFICATION
4 BUYER
5 DESIGNATED TO UNIT 4, (PROFESSIONAL)
6
7
8 BE IT RESOLVED that the Classification Plan and
9 Compensation Plan, as originally adopted pursuant to Resolution
10 No. 90-209 N.C.S., and the classification titles and
11 specifications as adopted by Resolution No. 90-147 N.C.S., are
12 hereby amended by establishing the classification of Buyer, (as
13 attached hereto and marked Exhibit "A" and made a part hereof).
14
15 BE IT FURTHER RESOLVED that this action is taken
16 pursuant to Personnel Code 2.04.020 and Personnel Rules and
17 Regulations (Rule IV, Section 5) for classifications included in
18 the Competitive Service of the Personnel System, that the notice
19 of this action has been properly posted and that the City Manager
20 recommends this action.
21
22 NOW THEREFORE, BE IT RESOLVED that the Resolution No.
23 90-147 N.C.S., as amended, is hereby amended to include
24 establishment of the classification of Buyer and assigning this
25 classification to Unit 4 (Professional), effective August 21,
26 1995 at a salary range of $18.00 - $18.90 - $19.84 - $20.84
27 $21.88.
Under the power and authority conferred upon this Council by the Charter of said City.
REFERENCE: I hereby certify the foregoing Resolution was introduced and adopted by the Apprfovemd as to
Council of the City of Petaluma at a (Regular) ) meeting
on the ...-----21St--...... day of .............~.4!~St- 1995.., by the
following vote:
City Attorney
AYES: Hamilton, Stompe, Maguire, Read, Barlas, Yice:lViayor Read, Mayor Hilligoss
NOES: None
ABSENT: None _ w ~ ~ f~'
ATTEST : ~ - '^l._.~..-•-•--••---.......--•---•--...-..
City Clerk ~-(.i~ayor
Council File..-_
CA 10-85 Res. No....~5-212......... N.C.S.
CITY OF PETALUMA
COMPENSATION PLAN FOR UNIT 4 - (PROFESSIONAL)
FISCAL YEAR 1995 - 1996
9'S - ~-l ~ acs
TABLE OF CONTENTS
GENERAL
Section 1. Term of Agreement
COMPENSATION
Section 2. Salary
Section 3. Retirement Contribution
Section 4. Overtime
Section 5. Call Back Pay
Section 6. Stand By Pay
Section 7. Rates of Pay On Permanent Transfer To
A New Classification
Section 8. Temporary Work Out of Classification
Section 9. Compensation for Clothing Loss
Section 10. Vacation, Payment of
Section 11. Sick Leave, Payment at Retirement
Section 12. Deferred Compensation
Section 13. Retiree Benefit Payments
Section 14. Health/Dental Care Cash Back
INSURANCE
Section 15. Health Insurance
Section 16. Dental Insurance
Section 17. ' Life Insurance
Section 18. Disability Insurance
Section 19. Vision Insurance
Section 20. Other Health & Welfare Payments
LEAVES
Section 21. Vacation
Section 22. Sick Leave
Section 23. Bereavement Leave
Section 24. Holidays
Section 25. Military Leave
Section 26. Leave of Absences Without Pay
Section 27. Jury Leave
Section 28. Compensatory Time Off
Section 29. Family Medical Leave
OTHER
Section 30. Retirement
Section 31. Grievance Procedure
~5- a- ~JG S
GENERAL
Section 1. Term of Agreement
This compensation plan shall be for a one (1) year term for the fiscal year
commencing July 3, 1995 through June 30, 1996.
COMPENSATION -
Section 2. Salary
The City shall adopt the following salary ranges for each of the employees
in the following classifications during the term of this compensation. plan.
UNIT 4 (PROFESSIONAL)
EFFECTIVE JULY 3, 1995
I II III IV V
Assistant Planner $18.00 $18.90 $19.84 $20.84 $21.88
Associate Civil Engineer $24.43 $25.65 $26.93 $28.28 $29.69
Associate In Civil Engineering $23.43 $24.60 $25.83 $27.12 $28.48
Associate Planner $20.17 $21.18 $22..24 $23.35 $24.52
Plans Examiner $20.98 $22.03 $23.13 $24.29 $25.50
Program Coordinator $20.01 $21.01 $22.06 $23.16 $24.32
Recreation Coordinator $12.11 $12.'71 $13.35 $14.02 $14.72
EFFECTIVE JANUARY 1, 1996
I II III IV V
Assistant Planner $18.36 $19.28 $20.24 $21.25 $22.32
Associate Civil Engineer 24.92 26.16 27.47 28.84 30.29
Associate In Civil Engineering 23.90 25.09 26.35 27.66 29.05
Associate Planner 20.58 21.61 22.69 23.82 25.01
Plans Examiner 21.40 22.47 23.59 24.77 26.01
Program Coordinator 20.41 21.43 22.50 23.62 24.80
Recreation Coordinator 12.35 12.97 13.62 14.30 '15.01
Section 2A
Upon receipt by the Personnel Office of an employee's Certification as a
Registered Civil Engineer he/she shall be advanced to the classification of
Associate Civil Engineer at the beginning of the next pay period.
Section 3. Retirement Contributions
The percentage of each employee's contribution previously paid by the
City prior to the adoption of this Compensation Plan as the Employer
Payment of Member Contribution (EMPC) shall instead be paid to the
employee who shall then pay that amount to PERS. For purposes of
withholding, 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 90-363.
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 salary and/or to make
the payment to PERS. The tax exemption does not apply to FICA/social
security. The following is an example of the application of IRC
414(h)(2) as applied to a miscellaneous employee.
An employee makes $1,000 per month base salary. Under the prior
contract the employee was not responsible for paying 7% of the required
7•°s employee contribution. 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) will be paid to PERS from the $1,070. The full 7o will be tax
exempt and this means the employee will pay taxes on $995.00.
Section 4. Overtime
A. General. All hours worked in excess of eight (8) in any one day
or in excess of forty (40) in any work week shall be compensated
for at the overtime rate which shall be one and one-half (1.5)
times the regular rate of pay. Overtime shall not be pyramided or
compounded. For those employees that work an adjusted work week
through the Voluntary Reduction In Hours Program, overtime will be
based on the signed Agreement between the City and the Employee.
B. Minimum. Any employee required to work overtime shall, in no
case, be compensated for less than one hour for such overtime.
C. Payment for Work During Leaves. When it becomes necessary by an
emergency to have employees work during legal holidays or the
period such employees are entitled to vacation leave, such
employees working on such legal holidays and during periods of
G
vacation shall be entitled to receive additional remuneration at
the rate of one and one-half times their regular rate of pay.
Section 5. Call Back Pay
1. An employee who is called back to work in an emergency situation
after having completed his/her regular shift and left the city
premises shall receive a minimum of two (2) hours work or two (2)
hours pay, at the overtime rate. To the extent an employee is
paid overtime premium pursuant to the overtime schedule under
Section 4 (Overtime) listed above, he/she shall not be paid
overtime premium under the call-back section for the same time
worked. This paragraph shall not apply to employees who are
called in early for a shift, i.e., when they work continuously
from the time they are. called in until their regular shift begins.
Section 6. Stand-By
If, in an emergency situation, an employee in this unit is asked to.
leave work before the end of his/her scheduled work day with the
expectation that he/she will be called back to work to finish. the
remainder of their work day .at a later time, but the employee is not in
fact called back to work that day, the City agrees to compensate the
employee for the full normal working day. In exchange, up until the
time that the employee's regular shift is scheduled to end, such
employees wil'1 be on stand-by status, without any entitlement to any
extra compensation. Except as so specified, employees in this unit are
not required to work on a stand-by basis
Section 7. Rates of Pay On Permanent Transfer To A New Classification.
1. When an employee is promoted, he/she shall be paid the hourly rate
next higher to his/her own within the pay grade for the
classification to which he/she was promoted
2. When an employee is transferred from one classification to another
classification in the same pay grade, his/her hourly rate shall
remain the same.
3. A permanent or probationary employee who is transferred to a class
with a lower salary without a break in service will receive the
same rate of pay he/she received prior to the transfer. Such
salary shall not be increased until the time that a higher salary
of the .class to which 'he/she was transferred equals or exceeds
his/her salary. Such transfer may be departmental or inter-
departmental, and may be made by appointment from an employment
. list, temporary appointment, reclassification of position, or
reorganization of department, and shall be in accord with-the
personnel rules and regulations. The provision of this rule does
not apply in cases of disciplinary demotion, demotion in lieu of
layoff, or voluntary demotion. 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 8. Temporary Work Out of Classification
1. An employee holding a classified position may temporarily be
assigned the duties of another position in a higher
classification. The employee shall receive either the next higher
step in the classification to which he/she is assigned or a 5%
increase, whichever is greater. This payment shall begin upon
completion of the first 10 continuous workdays in that assignment.
An employee assigned to a position at an equal or lower
classification shall remain at the current rate of pay.
Section 9. Compensation for Clothing Loss
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 submitted in writing, in detail, to the City Manager
via the department head concerned. The amount of compensation, if any,
shall be at the discretion of the City Manager.
Section 10. Vacation, Payment at Termination
Employees who terminate employment shall be paid in a lump sum for all
accrued vacation leave earned prior to the effective date of
termination not to exceed two (2) years accumulation.
Section 11. Sick Leave, Payment of
In the event of the death or retirement of an employee who has
completed ten (10) or more years of continuous service with the City,
the employee shall be paid or shall receive to his benefit fifty
percent (50%) of his accumulated but unused sick leave not to exceed
480 hours. The employee may elect not to receive this benefit and
instead place all sick leave hours into the PERS Sick Leave Conversion
Benefit.
L/
q~-a,la WIGS
Section 12. Deferred Compensation
The City of Petaluma shall make available to the members of this unit
the City's Deferred Compensation Plan.
Section 13. Retiree Benefit Payments
RETIRED Employees
An employee with twenty (20) years of service and who is age 50 or
older and who retires on a service retirement during the term of this
agreement, will be eligible for $95.00 per month beginning on the
retirement date. The payment will decrease in the amount of $5.00 per
year to $0.00 after 20 years if the retired employee continues in the
PEMCHA plan as a retiree. Should the retired employee not continue in
the PEMCHA plan as a retiree. Should the retired employee not continue
in the PEMCHA plan, he/she will be eligible for the full $100.00. It
is the responsibility of the retiree to 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 retiree.
Section 14 Health/Dental Care Cash Back
An eligible employee may request cancellation of the employee's City
paid medical and/or dental insurance coverage under Section 125 of the
IRS Tax Codes upon presentation to the City of satisfactory proof that
he/she has medical and/or dental insurance coverage from another
source. Such a request may be made during the open enrollment for
PEMCHA medical elections but will be, in all cases, subject to the
terms and conditions and cancellation requirements of the particular
plan.
When the employee has demonstrated such coverage to the City's
satisfaction, the City will request cancellation of the employee's
medical and/or dental coverage, subject to the terms and conditions of
the particular policy. Upon actual cancellation of the employee's
medical coverage, and commencing on the date of cancellation of such
policy, the City will instead pay to the eligible employee, on a
monthly basis, an amount equal to 50a of the "equivalent monthly cost",
as defined herein, of insurance coverage of said employee. In
determining the "equivalent monthly cost" of such coverage, the City
shall calculate the monthly premium amount which would be paid by the
City on the employee's behalf under the Health Plan of the Redwoods
plan, based on the employee's coverage level (e.g. self, self plus
spouse, self plus spouse plus children) at the time of such
cancellation. However, if the actual monthly cost of the employee's
current plan coverage is less than the monthly HPR cost, then the lower
figure shall be used. In the event coverage is cancelled only for the
employee's spouse or dependent children, the reimbursement will be 50%
of the cost difference between the old and new levels of coverage (as
calculated using the HPR plan).
Upon such cancellation of the employee's dental coverage, the City will
instead pay to the eligible employee, on a monthly basis, an amount
equal to 50% of the City's internally generated estimated monthly cost
of the self-funded dental costs.
Any employee cancelling coverage will be required to meet all rules and
conditions of the particular plan, including, but not limited to, all
rules and conditions governing administration, cancellation, and re-
enrollment eligibility by requesting a cash payment pursuant to this
section, such employee .understands and agrees as a condition of receipt
of this payment, that re-enrollment eligibility into any plan is not
guaranteed.
INSURANCE
Section 15. Health Insurance
ACTIVE Employees
The City shall provide the Public Employees' Medical Health Care Act
(PEMCHA) for members of Unit 4. The premium paid by the City toward
this program shall be in the amount of $100.00 per month per employee.
Section 16. Dental Insurance
The City shall provide for a group Delta Dental Insurance Program for
City employees and dependents in this Unit. Additionally, the City
shall contribute toward an Orthodonture plan $1,000 per child at a 500
co-payment rate. The City shall pay, during the period of this
Compensation Plan the full premium toward the City group dental
insurance coverage program.
Section 17.. Life Insurance
The City shall provide for a group term life insurance program for City
employees in this Unit. The City shall pay, during the course of the
Compensation Plan, the insurance premium towards employee only coverage
for such insurance in the principle sum of $25,000.
Section 18. Disability Insurance
Long-Term Disability Insurance
The City shall provide for a long-term disability plan. The premium to
be paid for by the City.
Short Term Disability Insurance
The City agrees that employees in this unit may, on a purely voluntary
basis and at their own expense, participate in AFLAC's short-term
disability insurance, as long as the number of employees electing to
participate in the program meets the minimum participation standards
set by the carrier.
Section 19. Vision Insurance
The City shall provide a Vision Plan for employees and dependents. The
premium shall be paid for by the City.
Section 20. Other Health and Welfare Payments
The City shall provide to the active members of Units 3 and 4
additional monthly health and welfare payments equal the PEMCHA Health
Plan of the .Redwoods premium amounts less $100.00.
LEAVE
Section 21. Vacation
A.l. Amounts All regular employees of the City of Petaluma, after
working one full year are entitled to the equivalent of eighty
(80) hours of vacation with pay in the year following the year in
which vacation is earned.
All regular employees of the City of Petaluma, after five (5)
years of continuous service with the City, and beginning with the
sixth year, shall be entitled to the equivalent of one hundred
twenty (120) hours of vacation per year. After ten (10) years of
continuous service with the City, eight (8) hours of vacation
shall be added for each year of continuous service to a maximum of
two hundred (200) hours of vacation.
A.2. Voluntary Leave Plan
Accruals under the Voluntary Leave Plan shall be prorated to the
work week equivalent hours.
B. Scheduling The times during a calendar year in which an employee
may take his/her vacation shall be determined by the department
head with due respect for the wishes of the employee and
particular regard for the needs of the service. If the
requirements of the service are such that an employee 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.
C. 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 Officer. Vacation time accumulated in
excess of two years shall be lost. In the event one or more
municipal holidays fall within an annual vacation leave, such
holidays shall not be charged as vacation leave and vacation leave
shall be extended accordingly.
Section 22. Sick Leave
A. General Sick leave with pay shall be granted to all employees as
set forth in this section. Sick leave is not a right which an
employee may use at his/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 member which requires
the employee's attention. The term family members shall include:
spouse, children, parents, spouse's parents, brothers, sisters or
other individuals whose relationship to the employee is that of a
dependent or near dependent.
B.1 Accrual Sick leave shall accrue to all full.-time employees at the
rate of eight hours for each month of continuous service. No
employee shall accumulate more sick leave in any year than
provided.
B 2. Voluntary Leave Plan
Accruals under the Voluntary Leave Plan shall be prorated to the
work week equivalent hours.
C. Notification Procedures In order to receive compensation while
absent on sick leave, the employee shall notify his/her immediate
superior or the Personnel Office prior to or within four hours
after the time set for beginning his/her daily duties as may be
specified by the head of his/her department. When absence is for
more than three days duration, the employee may be required to
file a physician's certificate with the Personnel Office stating
the cause of the absence.
D. Relationship to Workers Compensation Benefits shall be payable in
situations where miscellaneous employee's absence is due to
industrial injury as provided in California State Workers'
Compensation Law. During the first. three (3) work days when the
employee's absence has been occasioned by injury suffered during
his/her employment and he/she receives Workers' Compensation,
he/she shall receive full pay. Following this period sick leave
may be a supplement to the Workers' Compensation benefits provided
the employee. Compensation is at his/her regular rate for a
period not to exceed six months, or until such sick leave is
exhausted, or the disability is abrogated, or that employee is
certified "permanent and stationary" by a competent medical
authority. The City shall pay him/her the regular salary, based
on the combination of the Workers' Compensation benefit plus sick
leave.
Sick leave for industrial injury shall not be allowed for a
disability resulting from sickness; self-inflicted injury or
willful misconduct.
The City may retire any employee prior to the exhaustion of
accumulated sick leave, at which time all accrued but unused sick
leave shall be abrogated, subject only to the limitations provided
under this Memorandum of Understanding.
E. Sick Leave Transfer Policy Employees wishing to donate hours of
sick leave to another employee may do so by sending a written
request, approved by their department head, to the Personnel
~ , ,
Office naming the individual to receive the sick leave and the
amount donated, with the following restrictions:
1. Employees who wish to transfer sick leave must retain a
minimum of 160 hours of sick leave to be eligible to
transfer sick leave.
2. All such transfers of sick leave are irrevocable.
3. The employee receiving the sick leave transfer must have
zero (0) hours of accrued sick leave, vacation and CTA
leave on the books.
4. Employees may not buy or sell sick leave. Only the time
may be transferred.
5. Employees may not transfer sick leave upon separation of
service.
6. Transfer of sick leave shall be allowed between Units
1,4, 8 and 9.
7. No more than ninety (90) workdays of Sick Leave may be
received by an employee for any one illness or injury.
Section 23. Bereavement Leave
A.1 In the event of the death of an employee's spouse, mother, step-
mother, mother-in-law, father, step-father, father-in-law,
brother, sister, child, including an adopted child, 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
shall be only that which is required to attend the funeral and
make necessary 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 additional two (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.
A.2. Voluntary Leave Plan
Accruals under the Voluntary Leave Plan shall be prorated to the
work week equivalent hours.
Section 24. Holidays
A. FIXED HOLIDAYS: The City shall observe eleven (11) fixed-date
holidays. These holidays shall be established for the City's
fiscal year as determined by City Council resolution.
°15- ~-I ~ NHS
B. FLOATING HOLIDAY: During the Fiscal Year the City will authorize
one (1) "Floating Holiday" per employee, which may be taken by the
employee at a time selected by the employee, subject to
operational requirements and approval determined by the City.
Employees hired between July 1, and December 31, will be eligible
for a "Floating Holiday" during the course of the Fiscal Year.
C. VOLUNTARY LEAVE PLAN:
Holidays taken during the Voluntary Leave Plan shall be prorated
to the work week equivalent hours under the voluntary leave plan.
Employees on a Voluntary Leave for a fixed period will not be paid
for any holidays falling within the fixed leave period.
Section 25. Military Leave
Military leave shall be arranged in accordance with the provisions of
State Law. All employees entitled to military leave shall give the
appointing power an opportunity within the limits of military
regulations to determine when such leave shall be taken.
Section 26 Leave of Absence Without Pay
A. The City Manager may grant a regular or probationary employee
leave of absence without pay pursuant to State and Federal Law.
Good cause being shown by a written request, the City Manager may
extend such leave of absence without pay, or seniority, or
benefits for an additional period not to exceed six (6) months.
No such leave shall be granted except upon written request of the
employee setting forth the reason for the .request, and the
approval will be in writing. Upon expiration of a regularly
approved leave or within a reasonable period of time after notice
to return to duty, the employee shall be reinstated in the
position held at the time leave was granted. Failure on the part
of an employee on leave to report promptly at its. expiration, or
within a reasonable time after notice to return to duty, shall be
cause for discharge.
B. Employees may reduce their 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 premiums will continue to be paid by the City and employee
as if working a full schedule.
Section 27. 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
ll
duties with the City during the period. of such service or while
necessarily being present in court as a result of such call. Under
such circumstances, the employee shall be ,paid the difference between
his full salary and any payment received by him, except travel pay, for
such duty. This compensation shall not extend beyond twenty (20)
working days.
Section 28. Compensatory Time Off
Employees may receive, in 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 (240) hours of Compensatory Time Off per fiscal year. In
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.
Section 29. Family Medical Leave Act
Pursuant to the Family and Medical Leave Act of 1993, FMLA leave may be
granted to an employee who has been employed for at least twelve (12)
months by the City and who has provided at least 1,250 hours of service
during the twelve (12) months before the leave is requested. The leave
may be granted up to a total of twelve (12) weeks during the fiscal
year for the following reasons:
A. Because of the birth of a child or placement for adoption or
foster care of a child;
B. In order to care for the spouse, son, daughter, 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 employee must provide the employer with thirty (30) days advance
notice of the leave, or such notice as is practicable, if thirty (30)
days notice is not possible. The employee must provide the employer
with certification of the condition from a health care provider. The
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.
l~
An employee seeking FMLA leave must first us e. paid sick time (if
applicable) and vacation before going on unpaid leave. The total
amount of family leave paid and unpaid will not exceed a total of
twelve (12) weeks. In any case in which a husband and wife entitled to
family leave are both employed by the employer, the aggregate number of
workweeks of leave to which both may be entitled may be limited to
twelve (12) weeks during any Fiscal Year if such leave is taken because
of the birth of a child or placement for adoption ~r foster care of a
child. The employee will be responsible for his share of the health
insurance cost during the leave. If the employee does not return from
the leave, he is responsible for the total insurance premium paid by
the employer.
OTHER
Section 30. Retirement
The City of Petaluma's retirement plan under the Public Employees'
Retirement System shall consist of the following items:
Miscellaneous Employees: 20 @ 60
Options: 1959 Survivors Benefit (1st .Level)
One year Final Compensation
Unused Sick Leave Credit
Military Service Credit as Public Service
Section 31. Grievance Procedure
A. Purpose of Rule
(1) To promote improved employer-employee relations by
establishing grievance procedures on matters for which appeal
or hearing is not provided by other regulations.
(2) To afford employees individually or through qualified
employee organization a systematic means of obtaining further
consideration of problems after every reasonable effort has
failed to resolve them through discussions.
(3) To provide that grievances shall be settled as near as
possible to the point of origin.
(4) To provide that appeals shall be conducted as informally as
possible.
B. Matters Subject To Grievance Procedure The Grievance procedure
shall be used to process and resolve grievances arising out of the
interpretation, application, or enforcement of the express terms
of this compensation plan.
C. Informal Grievance Procedure. An employee who has a problem or
complaint should first. try to get it settled through discussion
with his immediate supervisor without undue delay. If, after this
discussion, he does not believe the problem has been
satisfactorily resolved, he shall have the right to discuss it
with his supervisor's immediate supervisor, if any, in the
administrative service. Every effort should be made to find an
acceptable solution by informal means at the lower possible level
of supervision. If the employee is not in agreement with. the
decision reached by discussion, he shall then have the right to
file a formal appeal in writing within ten (10) calendar days
after receiving the informal decision of his immediate superior.
An informal appeal shall not be taken above the appointing power.
D. Formal Grievance Procedure (levels of review through chain of
command)
(1) First level of review The appeal shall be presented in
writing to the employee's immediate supervisor, who 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 days, the employee may
present the appeal in writing to his/her supervisor's
immediate superior. Failure of the employee to take further
action within five (5) calendar days after receipt of the
written decision of his/her supervisor, or within the total
of fifteen (15) calendar days if no decision is rendered,
will constitute a dropping of the appeal.
(2) Further level or levels of review as appropriate The
supervisor receiving the appeal shall review it, render
his/her decision and comments in writing, and return them to
the employee within 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 appeal in writing to
the department head. Failure of the employee to take further
action within five (5) calendar days after receipt of the
decision is rendered, will constitute a dropping of the
appeal.
(3) Department Review The department head receiving the appeal
of his/her designated representative, should discuss the
grievance with the employee, his/her representative, if any,
and with other appropriate persons. The department head
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 the decision reached, or if no answer has been received
within five (5) calendar days after receipt of the decision
or within a total of fifteen (15) calendar days if no
decision is rendered, will constitute a dropping of the
appeal.
~y
~5-~~ ~C5
(4) City Manager The City Manager receiving the appeal or his
designated representative should discuss the grievance with
the employee, his/her representative, if any, .and with other
appropriate persons. The City Manager may designate a fact
finding committee, officer not in the normal line of
supervision, or Personnel Board to advise him concerning the
appeal. The City Manager shall render a. decision in .writing
to the employee within twenty (20) calendar days after
receiving the appeal.
(5) Conduct Of Grievance Procedure
(a) The time limits specified above may be extended to a
definite date by mutual agreement of the employee and
the reviewer concerned.
(b) The employee may request the assistance of another
person of his/her own choosing in preparing and
presenting his/her appeal at any level of review.
(c) The employee and his/her representative may be
privileged to use a reasonable'amount'of work time as.
determined by the appropriate department head in
conferring about and presenting the appeal.
(d) Employees shall be assured freedom from reprisal for
using the grievance procedures.
~
' .
REQUEST FOR FAMILY/MEDICAL LEAVE
Employee Name:
Date of Request: Department:
Position Title: Hire Date:
I request a Family/Medical Leave for the following reason (check one):
A. The birth of a child and/or in order to care for such child.
B. The placement of a child for adoption or foster care.
C. In order to care for an immediate family member because such family
member has a serious health condition. Circle one: CHILD SPOUSE
PARENT (Must submit "Physician Certification" within 15 davs).
D. My o~,m serious health condition that makes me unable to perform the
functions of my position. (Must submit `.'Physician Certification"
within 15 days).
METHOD OF LEAVE REQUESTED
Consecutive Leave
Intermittent or Reduced Leave Schedule
(Specify Schedule Below)
Date leave is to begin:
Expected duration of leave:
If the duration of my family/medical leave (total of paid and unpaid time) does
not exceed 6 months, I will be returned to my same, equivalent or comparable
position.
Employee's Signature Date
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4~~ALU~9
I
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4, , _ City of Petaluma 11 English Street
Posr Uffice Box 61 Petaluma, California 94953
1858
Employer Response to Employee Request for Family or Medical Leave
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 adoption
or foster care; or
_ a serious health condition that makes you unable to perform the 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 job 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 than: (1) continuation, 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 appropriate boxes; explain where indicated)
I„ You are eligible not eligible for leave under the FMLA.
II. The requested leave will will not be counted against your annual FMLA
leave entitlement.
III. You _will will not be required to furnish medical certification of a serious
health condition. If required, you must. .furnish certification by
(must be at least 15 days after you are notified of this requirement) or we may
delay the commencement of your leave until the certification is submitted.
C~ a..,b o...
IV. You may elect to s~~bstiti~te accrued paid leave for unpaid F`iLA leave. We
caill _will not require that you substitute accrued paid leave to unpaid
FifLA leave. If paid leave will be used the following conditions will apply:
V. If you normally pay a portion of the premiums for your health insurance,
these payments will continue during the period of FMLA leave. Arrangements
for payment have been discussed with you and is agreed that you will make
premium payments as follows: (Set forth dates, e,g,, the 10th of each month,
or pay periods, etc, that specifically cover the agreement with the employee.)
You have a minimum 30-day (or, indicate longer period, if applicable) grace
period in which to make premium payments. If payment is not made timely,
your group health insurance may be cancelled, provided we notify you in
writing at least 15 days before that date that your health coverage will
lapse, or at our option, we may pay your share of the premium daring FMLA
leave, and recover these payments from you upon .your return to work. We
_will will not pay share of health insurance premiums while you are on
leave,
We _will will not do the same with other benefits (e.g., life insurance,
disability insurance, etc.) while you are on FMLA leave. If we do pay your
premiums for other benefits, when you return from leave you _will will not
be expected to reimburse us for the payments made on your behalf.
VI. You _will _will not be required to present a fitness-for-duty certificate
prior to being restored to employment. If such certification is required but
not received, your return to work may be delayed until the certification is
provided.
VZI. You _are _are not a "key employee" as described in 825.218 of the FMLA
regulations. If you are a "key employee", restoration to employment may be
denied following F~1LA leave on the grounds that such restoration will cause
substantial and grievous economic injury to us.
We _have _have not determined that restoring you to employment at the
conclusion of FMLA leave will cause substantial and grievous economic harm
to us ,
VIII. While on leave, you _will _will not be required to furnish us with periodic
reports every of your status and intent to return to work. If the
circumstances of your leave change and you are able to return to work earlier
than the date indicated on the reverse side of this form, you _will will not
be required to notify us at least two work days prior to the date you intend
to report for work.
IX. You _will _will not be required to furnish recertification relating to a
serious health condition.
95 -a-~ ~ S
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 (indicate nu~aber of visits, general
nature and duration of treatment, including referral to other provider of
health services. Include schedule of visits or treatment if it is med-
ically necessary for the employee to be off work ~z an intermittent basis
or to work less than the employee's normal schedule o'f 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 hospitalization of the family member (patient) required?
II. Yes_ No_ Does (or will) the patient require assistance:for basic medical,
hygiene, nutritional needs, safety or .transportation?
III.: Yes No_ After review of the employee's signed statement, is the employee's
presence necessary or would it be beneficial for the care of 'the
patient? (This may include psychological comfort.)
IV. Estimate the period of time care is needed or the employee's presence would be
beneficial:
V. When Family Leave is needed to care for a seriously ill family member, the
employee shall state the care he or she will provide and an estimate of. the
time period during which this care will be provided, including a schedule if
leave is to be taken intermittently or on a reduced leave schedule.
Employee's Signature: Date:
Signature of Physician or Practitioner:
Date:
Type of Practice (Field of Specialization, if any)
~'S - a-I a- nl C S
CITY OF PETALUMA
FITNESS FOR DUTY TO RETURN FROM LEAVE CERTIFICATION
On the Employee began a period of family/medical care
(mo/day/yr)
from the City of Petaluma for Based on mv_
(diagnosis)
examination of on
(employee's name) (date of examination)
I certify that he/she is medically/psychologically fit to return to work with the
following limitations:
(list limitations if applicable)
Date:
Signature of Physician or Practitioner
Type of Practice (Field of Specialization, if any)
CITY OF PETALUMA
AUTHORIZATION FOR PAYROLL DEDUCTIONS FOR BENEFIT COVERAGE
CONTINUATION 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 leave will start)
(date Leave will end)
I authorize deduction to be made from income I will receive from accrued
leave for the following benefits:
Employee's Signature Date
c~~r-~la- WIGS
CITY OF PETALUMA
INTEROFFICE MEMORAI~IDUM
To: Personnel Department
From:
SUBJECT: REQUEST FOR WAIVER/CANCELLATION OF MEDICAL/DENTAL COVERAGE
This is to verify that I am currently covered by my spouse's
insurance. As a result, I would like to cancel/waive my insurance coverage effective.
on the following:
A letter verifying coverage by my spouse's employer is attached.
As per the current MOU, upon cancellation/waiver of my insurance coverage, I request
the amount I am eligible to be paid. I qualify for an amount based on the
party rate, because I have number of dependents.
I understand that if I cancel my insurance I am subject to the re-enrollment policy
of the P~fCI3A Health Plan as provided by the City.
Employee's Signature Date