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HomeMy WebLinkAboutResolution 95-211 08/21/1995 ' ?~®Z.~~~®~ 95-211 ~.C.?5. 1 of e City of Petalurr~a, California 2 3 RESOLUTION RATIFYING MEMORANDUM OF UNDERSTANDING 4 EXECUTED BY THE DULY AUTHORIZED REPRESENTATIVES OF THE 5 CITY OF PETALUMA AND THE. 6 PETALUMA PEACE OFFICER'S ASSOCIATION 7 FOR EMPLOYEES IN UNIT 6 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 Peace Officer's 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 WHEREAS 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 6 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. 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 Approved as to Council of the City of Petaluma at a (Regular) )meeting fO~ on the ..........21St...... day of .........~.~$i~l 19.E 2.., by the ~ following vote: . City Attorney AYE5: Hamilton, Stompe, Maguire, Read, Barlas, Vice Mayor Shea, Mayor Hilligoss NOES: None ABSENT: None ~ ATTEST: ~ - y . ' Cit Clerk a r 95-211 CA 10.85 Res. No . N.C.S. POLICE -final - 8/7/95 term of Bement 2 years PERS Military Service as Public Employment 1959 survivors benefit 4th level 1/1/96 $2 contribution and 7/1/96 50% contribution b the Ci Life Insurance $25,000 Health Plan Cash back 50% ofpremium if not used not to exceed 50% Aetna North Retirement Disability for those who retire on disability increase sick hours aid from 480 to 600 Investi ative Standb from $90 to $150 er week Premiums ~ set maximum remium a to Aetna North Salary Sworn 7/2-7129 2% of June 30 pay rate for hours worked 2% 7/30/95 2% 1/1/96 2% beginning the first full pay period in July 1996 2% beginning the first full pay period in January 1997 Non sworn the same as sworn except for Dispatch er which is 3% beginning the first full a eriod in Janu 1997 S Promotional S s to be laced at Ste III ~e~, 9 S- al I ~1C~ P~IEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF PETALUMA AND PEACE OFFICERS' ASSOCIATION OF PETALUMA _ FISCAL YEAR 1995-1996 FISCAL YEAR 1996-1997 ~e5o.g5-alb NCs TABLE OF CONTENTS PREAMBLE GENERAL. Section 1. Term of Agreement Section 2. Severability Section 3. Workweek COMPENSATION Section 4. Salary Section 5. IRS Tax Exemption Section 6. Overtime Section 7. Call Back Section 8. Compensatory Time Off Section 9. Court Time Payment Section 10. Police Officer Working in a Higher Class Section 11. Field Training Officer Section 12. Communication Dispatcher - Clerk Training Section 13. Police Education Incentive Pay Program Section 14. Sergeant Promotions Section 15. Uniform Clothing Allowance Program Section 16. Holiday Pay Section 17. Sick Leave Payment at Retirement Section 18. Investigation Standby Section 19. Deferred Compensation Section 20. Other Retirement Benefits Section 21. Medical/Dental Cashback INSURANCE Section 22. Health Insurance Section 23. Dental Insurance Section 24. Life Insurance Section 25. Long Term Disability Insurance Section 26. Vision Insurance Section 27. Other Health and Welfare Payments LEAVES Section 28. Vacation Section 29. Sick Leave Section 30. Bereavement Leave Section 31. Military Leave Section 32. Leave of Absence without Pay Section 33. Jury Leave Section 34. Holidays OTHER Section 35. Retirement Section 36. Grievance Procedure Section 37. Safety Committee Section 38. Americans With Disabilities Act Section 39. Layoff Procedure . ~~s®. ~ , - 21 ~ N C S 3 PREAMBLE This document represents the final and complete agreement resulting from Meet and Confer sessions between the City of Petaluma and the Peace Officers' Association of Petaluma, Unit 6. Representatives of the City and Unit 6 acknowledge that they have fulfilled their mutual and respective obligations to Meet and Confer under the Meyers-Milias-Brown Act. As a result, the parties have come to a mutual understanding which the representatives of the City and Unit 6 , who have the approval of their members, agree to recommend for acceptance and approval of the City Council of the City of Petaluma. The parties affix their signatures as constituting mutual acceptance and recommendation of this Memorandum of Understanding to commence the day following approval by the City Council. ~~s®. ~ ~ _ 21 N C S 4 - GENERAL .Section 1. Term of Agreement This Memorandum of Understanding shall commence July 1, 1995 and shall continue through June 30, 1997. Section 2. Severability The parties will commence meeting and conferring for 1997-98 fiscal year, not later than the end of April .1997 and will 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. Section 3. Workweek (A) Work Week and Work Day. The work week shall consist of forty (40) hours in one (1) week, based upon a fifty-two.(52) week year. Except as provided hereinafter, an on-duty work day may consist of eight (8) hours per day in each of five (5) twenty- four (24) hours days, or ten (1.0) hours per day in each of four (4) twenty-four (24) hours days, pursuant to Section 7('k) of the Fair Labor Standards Act. (B). FLSA Work Periods. The City has previously designated the relevant "work period" under the Fair Labor Standards Act as a twenty-eight (28) day cycle for the classifications of Police Officer, Police Sergeant, Police Sergeant Investigator, and Police Officer Investigator: For`all other classifications in the bargaining unit, the "work. period" shall consist of a seven (7) day cycle. The City reserves the right to determine and administer all requirements, practices, and procedures related to, for example, scheduling, rescheduling, shifts, watches, assignments, holidays and other matters directly related thereto. (C) Shift Bidding. ,The past practice of sign-up by seniority for shifts and days-off shall continue without change. (D) 4x10~Shifts for Patrol. Police Officers and Sergeants assigned to patrol functions shall continue existing four (4) ten (10) hour work day during the term of this Agreement. RES~.:9 ;5 - 2 1 N-Ct-S 5 (E) 4x10 Shifts for Dispatch. Public Safety Dispatchers shall continue the presently existing four (4) ten (10) hour work day, unless Dispatcher staffing falls to eight (8) or fewer independently functioning Dispatchers. Section 4. Salary (A) A one time lump-sum .payment shall be made to each employee, who is a member of Unit 6 as of July 30, 1995, the date of adoption, in an amount equal to 2% of the employee's base salary (as of June 30, 1995) for the period July 3, 1995, to July 30, 1995, less applicable withholding. Those individuals who were hired after July 3, 1995 and before July 30, 1995 shall receive 2% of the June 30th pay rate for their actual period of employment. The parties recognize and agree that this amount is not compensation for hours worked nor is it in payment for any unpaid wages of any kind. The parties specifically agree and understand that the method of computation of the payment above simply reflects the method by which the amount of the payment is calculated and does not reflect a retroactive salary increase, and therefore, no payment for retroactive overtime or any other salary driven costs of any kind, manner, or description is due or owing. (B) Effective July 31, 1995, the base hourly rates for each of the classifications included in representational. Unit 6 are as follows: Police Inv Sgt $23.42 $24.59 $25.82 $27.11 $28.47 Police Sgt $23.42 $24.59 $25.82 $27.11 $28.47 Police Inv $19.61 $20.59 $21.62 $22.70 $23.84 Police Officer $19.61 $20.59 $21.62 $22.70 $23.84 Dispatcher $15.77 $16.56 $17.38 $18.25 $19.17 PEO $13.74 $14.42 $15.15 $1.5.90 $16.70 CSO $13.74 $14.42 $15.15 $15.90 $16.70 Evd Tech $13.74 $14.42 $15.15 $15.9.0 $16.70 P O Trainee $16.70 Effective the beginning of the first full pay period of January 1996, there will be a 2% salary increase. Effective the beginning of the first full pay period of July 1996, there will be a 2% salary increase. Effective the beginning of the first full pay period of January 1997, there will be a 2% salary increase for all classifications excepting Dispatcher. The Dispatcher salary shall be increased 3% o. RES®. ~ 5-~ 1 1 N C S., 6 Section 5. IRS Tax Exemption Effective July 1, 1994, the percentage of each employee's PERS contribution previously paid by the City prior to the adoption of this MOU as the Employer Payment of Member Contribution (EPMC) shall instead be paid to the employees. Therefore, as of July 1, 1995, each employee shall have an increased base salary that will now include the total amount of the employee's member contribution to PERS previously paid by the City as EPMC. The employee's member contribution. will be withheld from the employee's pay by the City, and the City will make the employee's payment of the member contribution directly to PERS on the employee's behalf. For purposes of withholding, the City shall defer each employee's member contribution to PERS through section 414 (h) (2) of the Internal Revenue Code pursuant to City of Petaluma Resolution No. 90-362. The employee may not elect to take this amount in salary. 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 sworn officer: Sworn: A police officer makes $3,000 per month base salary. Under the prior contract the officer was not responsible for paying any portion of the required 9% employee contribution. The Gity was responsible for pay 9% (or $270.00),. which was a City responsibility that was in addition to the $3,000 base salary paid to the officer. Under the 414 (h) (2) method, the EPMC will revert to salary, and the officer's base salary will now be $3,.270.00. Of this, 9% (approximately $294.00) will be paid to PERS from the $3,270. The fu11,9% will be tax exempt and this. means the officer will pay taxes on $2,975. The increase in base salary also means that the calculation of the officer's overtime compensation and other wage-driven computations (such as the computation of the cash value of leave balances to which an employee may be entitled upon retirement.) will be affected in the same manner as would accompany an increase in base salary. Section 6. Overtime The City shall compensate each. employee governed by this. memorandum at the .rate of time and one-half at the current regular hourly rate of pay for approved overtime.' (Off duty training time conducted "in-house" shall be compensated as overtime.) Overtime of fifteen minutes shall be paid to the nearest quarter hour. Section 7. Call Back. An employee who is called back to work; excluding court time call-.back, after having completed the employee's regular shift and having left the City premises, shall receive a minimum of two (2) hours of work or two (2) hours of pay, at the overtime rate of time and one-half at the current regular hourly rate of pay. Section 8. Compensatory Time Off Sworn and non sworn employees may receive, in lieu of being paid for overtime, compensatory time off at a mutually agreeable time between the City and the employee. Such compensatory time off . may be accrued up to a maximum of 240 hours at any one time. Any time beyond the 240 hours shall be paid at the overtime rate of one and one-half time (1-1/2). Compensatory time shall not accrue when an employee is assigned to work for any other employee who is taking compensatory time off . C) The PPOA agrees to indemnify and hold the City harmless for any potential penalties or costs incurred for failing to comply with the FLSA with respect to the continued accrual and use of compensatory time off pursuant to this MOU. Section 9. Court Time Payments A. The City will compensate a minimum of four (4) hours at time and one-half at the current regular hourly rate of pay for each officer for court appearances on his/her own time; additionally, time and one-half (1-1/2) shall be compensated for all hours actually worked in court beyond such four (4) hours. B. .Each officer subpoenaed to appear in court on his/her own time shall be required to check with the designated police department representative the evening before the officer is scheduled to appear to determine whether the court appearance has been cancelled. If an officer's Court appearance is cancelled less than 12 hours before the scheduled appearance, and prior to leaving his/her residence, the officer shall be compensated a minimum of two (2) hours at time and one-half (1-1/2). If the officer fails to check in with the designated police department representative the evening before the scheduled court appearance, the officer shall not receive any court time minimum if the court appearance was cancelled the night before. C. An employee receiving full salary while not working, pursuant to Labor Code Section 4850, shall not be granted further compensation for court time unless this court time (including all related professional activities) exceed the number of hours in the regular workday eight (8) or ten (10), depending upon his/her ES®. ~ 5- 2.1 1 N C S 8 . schedule, in one day or 40 hours in one week; if such court time and related professional activities exceed eight (8) or ten (10) hours in one day (whichever is the applicable workday of 40 hours in one week) the employee shall be compensated for such additional time at the applicable overtime rate at the regular hourly rate of pay. Section 10. Police Officer Working in a Higher Classification A. When a Police Officer is assigned to perform the duties of a Sergeant for a period of four (4) hours or more by the Chief of Police or Lieutenant or the Watch Sergeant of .the preceding shift when the Chief or Lieutenant is not on duty, he/she sha l be paid Step III of the regular hourly rate of pay of Sergeant. If the Watch Sergeant of the preceding shift, the Chief, or Lieutenant is unavailable due to unforeseen circumstances and it is necessary for an officer to perform the functions of a Sergeant, the Chief or Lieutenant may grant subsequent approval during his/her next normal work shift. B. Any overtime performed by a Police Officer while he or she is entitled to pay at the Sergeant rate, shall be compensated at one and one-half (1 - 1/2) times the applicable regular hourly rate of Sergeant's pay. Section 11. Field Training Officer Police Officers who are designated Field Training Officers shall receive 5% above their base regular rate of pay for any hours spent performing assigned training. Section 12. Communications Dispatcher-Clerk Traininq Any Communications Dispatcher-Clerk who is assigned to train a newly hired Communications Dispatcher-Clerk shall be paid 5% above his/her base regular rate of pay, on all hours spent .performing assigned training. Section 13. Police Education Incentive Pay Program A. This Program encourages employees in specific classifications to acquire and to maintain educational achievement. Educational Incentive Pay shall be based on the basis of the Educational Incentive Pay / 26 pay periods and paid on a pay ' period basis. An employee who r-eaches, for the first time, salary Step III of his/her classification, and who has an Intermediate P.O.S.T. Certificate, shall qualify to receive incentive pay commencing RE~~. 5 ° 2 ~1 N.~C. S 9 with the next full pay period after receipt by the Personnel Department of POST form, 2-1.16 Rev 8-88, signed by the employee and Chief of Police. Should POST deny the certification, the employee shall reimburse all amounts issued under this provision. Intermediate P.O.S.T 5% of base salary Advanced P.O.5.T. 7% of base salary Supervisory Certificate 70 of base salary Section 14. Sergeant Promotions Upon promotion to Sergeant, Police Officer in Step V of the salary scale shall be placed in Step III of the Sergeant salary scale. All other Officers promoted to Sergeant shall be provided at least a 5% salary increase to the next appropriate step of the Sergeant salary scale. Section 15 UniformfClothiny Allowance Program: All employees shall comply with the uniform/clothing requirements and procedures as established and administered by the Police Chief . The Uniform/Clothing Allowance program shall be paid for the term of this Memorandum with full annual amount to be paid by separate check at the first paycheck received in December of each year, using the employee's salary rate as effective on July 14, of that year. A. The amount of 1-1/20 of the annual salary of the top step Police Officer per year for the classifications of Police Officer, Police Officer Investigator, Youth Service Officer, Police Sergeant and Police Sergeant Investigator. B. The amount of 1-1/2% of the annual salary of the top step Community Service Officer per year for the classifications of Parking Enforcement Officer, Community Service Officer and Property Technician. C. Employees hired on or after July 1, and prior to December, of each fiscal year shall be paid a full annual payment amount by separate check at the first pay check received in December. Employees hired on or after December 1, and prior to June 30, of the fiscal. year, shall be paid the full annual payment amount on or before July of the following fiscal year. D. An employee who terminates from City service or is released from City service shall only receive a prorated annual amount. An employee who so separates from City service after any payment has been made shall return that portion of the allowance 9 5- 21 1 N C S 10 determined by the last day in City service and the end of the fiscal year. E. Any employee on leave of absence without pay, Workers' Compensation, or leave status in excess of thirty (30) accumulative calendar days during the term of this MOU shall receive a prorated amount for the fiscal year. Any employee receiving full salary while not working in excess of thirty (30) accumulative calendar days pursuant to Labor Code 4850 shall receive a prorated amount for the .fiscal year. Section 16. Holiday Pay For those employees of Unit 6 who are required to be available for regular duty on holidays rather than receiving time off, the City of Petaluma shall grant a total of eighty-eight hours of holiday pay per fiscal year. The City shall pay for such holidays by separate check on the first pay check received in December, in lieu of giving time off. If an employee works only part of a year, due to resignation, termination, retirement, or disability, he or she: will be entitled to a prorated share of the eighty-eight (88) hours payment, based upon the portion of the year the employee worked. Section 17. Sick Leave Retirement In the event of retirement, an employee who has completed ten (10) years or more with the City shall receive fifty percent (500) of his/her accumulated but unused sick leave,-not to exceed 480 hours. In the event of a disability retirement, the disabled employee shall receive fifty percent (500) of his/her accumulated but unused sick leave, not to exceed 600 hours. Section 18. Investigation Standby As compensation for the inconvenience of having to "standby'?, the City will compensate the Investigator on standby at the rate of $150.00 per seven (7) day workweek of actual standby. Additionally, for each holiday for which the investigator is required to standby, the City will pay the Investigator an additional $40.00. Section 19. Deferred Compensation The Petaluma. Peace Officers Association will be elig=ible to participate in the City of Petaluma's 457 Deferred Compensation Plan Program. 11 Section 20. Other Retirement Benefits A. Service Retirement The City will pay $95.00 per month for employees retiring after January 1, 1993 who have reached age 50 with 20 years of service. This benefit will decrease in the amount of $5.00 per year to $0.00 in 2012. B. Disability Retirement An employee, who retires on disability, will be eligible for the amount listed in paragraph A. (Service Retirement) above for a period of eighteen (18) months beginning on the later date of January 1, 1993 or the retirement date. Section 21. Medical/Dental cashback An eligible employee may request cancellation of the employee's City paid medical and/or dental insurance coverage upon presentation to the City of satisfactory proof that he/she has medical and/or dental insurance coverage from another source. Any such request must be made prior to December 1st preceding the calendar year of coverage and cannot be revoked during the entire year of coverage except in the case of certain family status changes as defined by law, such as, (1) the employee's marriage or divorce, (2) the birth of a child of the employee, (3) the adoption of a child by the employee, (4) the death of the employee or of the employee's spouse or child, (5) the commencement or termination of employment of the employee's, spouse, (6) the change from full-time to part-time employment status or from a part-time to full-time by the employee or the employee's spouse (7) the taking of an unpaid leave of absence by the employee or the employee's spouse, or (8) the loss of a child's dependent status, as defined under the Internal Revenue Code. Any employee experiencing a change~in family status that would increase or decrease the amount of cashback which he/she is receiving under this provision should promptly file a notice of change in family status with the City. Eligibility for such increased or decreased payments commences with the filing of this notice. cashback payments will thereafter be increased or decreased depending on the nature of the family status change. However, in the event the employee fails to notify the City within 30 days about a change in family status that would result in a decrease in the cashback payment, it is agreed that any amounts paid to him/her as a result of his/her failure to promptly notify the City of the family status change as required by this section will be refunded to the City by a deduction from 12 the employee's pay, at a rate not to exceed l00 of the employee's gross pay per pay period, until refunded in full. When an employee who has requested cancellation of the employee's City paid medical and/or dental insurance coverage has demonstrated such coverage from another source 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 wi l instead pay to the eligible employee, on a monthly basis, an amount equal to 50% 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 Aetna North 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 Aetna North plan cost, then the lower figure from such plan (the "Lower Cost Plan") shall be used to determine the "equivalent monthly cost". In the event coverage is cancelled only for the employee's spouse or dependent chi dren, the "equivalent monthly cost" shall be determined by reference to the difference in the monthly premium amount which would be paid by the City on the employee's behalf under the old and new levels of coverage (~as calculated using the Aetna North plan or the Lower Cost Plan, as applicable). 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. The same rules regarding the deadline for elections and the irrevocability of elections that apply to the medical plan will also apply to the dental plan. All requests .for cashback under this section and payments made thereto will be subject to and in accordance with the terms and conditions and cancellation requirements of each applicable plan, including the City Flexible Benefits Plan, and cancellation by the employee or coverage under the plan. Any employee cancelling coverage will be required to meet al,l 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. 13 INSURANCE Section 22. Health Insurance Effective February 1, 1993, the City shall initiate the Public Employees Medical Health Care Act (PEMHCA) for members of unit 6. The premium paid by the City toward this program shall be in the amount of $100.00 per month per employee. Section 23. 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 50% co-payment rate. The City shall pay, during the period of this Memorandum the full premium toward the City group dental insurance coverage program in the amount of $74.00 per month. Section 24. Life Insurance The City shall provide, at no cost to the employee, group term life insurance coverage in the principal amount of $25,000 per employee. Section 25. Long Term Disability Insurance A. The City shall pay during the period of this Memorandum the monthly premium for the PORAC Long Term Disability Plan for all Police Officers and Sergeants; provided, however, that the total amount paid by the City in connection with .LTD shall not exceed $33.10 per month for any employee. B. During the term of this Memorandum of Understanding, the City will pay $20.80 per month toward Long Term Disability coverage for non-sworn personnel in Unit 6. Section 26. Other Health and Welfare Payments. The City shall provide to the active members. of Unit 6 additional monthly health and welfare payments equal the PEMCHA AETNA North premium amounts less $100.00. Section 27: Vision Insurance The City shall provide a Vision Plan for employees and dependents in the amount of $12.95 per month. RED®. ~ 5 - 21 1 N C 14 LEAVES Section 28. Vacation A) 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 the vacation is earned. B) All regular employees of the City of Petaluma, after five (5) years of continuous employment 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. C) After ten (10) years of continuous service, eight (8) additional hours of vacation shall be added for each additional year of continuous service to a maximum of 160 hours of vacation. D) After .fifteen (15) years of continuous service, eight (8) additional hours of vacation shall be added for each additional year of continuous service to a maximum of 200 hours of vacation. E) Vacation accumulated in excess of two years will be lost. Section 29. Sick Leave A. General. Sick leave with pay shall be granted to all probationary and regular employees within the competitive .service. Sick leave shall not be considered a right which an employee may use at his/her discretion,. but shall be allowed only in the case of necessity or actual personal sickness or disability. B. Accrual. It is understood that the Sick Leave provisions of the Memorandum of Understanding for this unit provides for accrual at the rate of eight (8) hours per employee per month. No employee shall accumulate more sick leave in any year than provided. C. Notification Procedures. In order to receive compensation while absent on sick leave, the employee shall notify his/her immediate superior or the Personnel Officer prior to or within four hours after his/her 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 (3) days duration, the employee may be required to ~~s®. ~ 5 m 21 1 N~ C ~ ' ~ 15 file a physician's certificate with the Personnel Office stating the cause of the absence. D. Family Sick Leave. Leaves of absence up to four working days with pay per fiscal year may be granted to employees in the event of serious illness or injury in the employee's immediate family and will be charged against sick leave. The immediate family shall consist of the spouse, children, parents, brothers, sisters, or other individuals whose relationship to the employee is that of a dependent or near dependent. In each case, the appointing power shall grant such sick leave only when in his/her opinion, the relationship of the sick or disabled person to the employee warrants such use of sick leave. E. Relationship to Worker's Compensation When a Non Public Safety employee's absence from work has been occasioned by injury suffered during his/her employment and she/he receives Worker's Compensation Temporary Disability benefits, he/she shall also be entitled to supplement such workers' compensation benefits with sick leave for a period of six months or until the temporary disability is abrogated or the employee retires for disability. F. Retirement Due To Disability A Public Safety employee who is permanently disabled from performing the normal range of duties attached to/his/her position, and who has been declared to be permanent and stationary may be retired for disability without his/her consent, pursuant to California Government Code Section 21025.4. Should the employee consent, however, the employee may be retired at an earlier date. Notwithstanding the provisions of Government Code Section 21025.2, an employee who is otherwise incapacitated for duty and eligible for disability retirement may not be allowed to postpone the effective date of his/her retirement by resort to any sick leave to which the employee might otherwise be entitled. G. Sick Leave Transfer. Any bargaining unit employee may transfer some of his/her accrued sick leave to another bargaining unit employee for use as sick leave by the receiving employee. Such transfer shall be accomplished by a memo from the transferring employee to the designated police department representative for forwarding to the Personnel Office, setting forth the name of the receiving employee and the number of hours being transferred. All such transfers are irrevocable. In order to be eligible to receive ~~s®. ~ ~ ~ 21 x N C S 16 a transfer of sick leave the receiving employee must have zero hours of accrued sick leave. Transfers shall be subject to the following limitations: 1) All transfers shall be within this Unit only; and 2) Transfers are for Sick Leave and not for use at retirement. 3) A donor must retain a balance of 40 hours at any time. 4) The recipient must have a zero balance. 5) A recipient may receive no more than 1040 hours per Fiscal Year. Section 30. Bereavement Leave Leaves of absence up to three working days per fiscal year may be granted to employees in the event of death in the employee's immediate family. The immediate family shall consist of the spouse, children, parents, brothers, sisters, father-in-law,. • mother-in-law, brother-in-law, sister-in-law, or .other individual whose relationship to the employee is that of a legal dependent. Section 31. Military Leave Military leave shall be granted 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 32. Leave of Absence Without Pay The City Manager may grant a regular or probationary employee leave of absence without pay or seniority for a period not to exceed three (3.) months. Good cause being shown by written request, the City Manager may extend the leave of absence without pay 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. .0.~iYJ~®a ~ 5 m 2~ 1` 1~ N C-S 17 Section 33. 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/her duties with the City during the period of such service or while necessarily being present in court as a result of such call. Under such circumstances, the employee shall be paid the difference between his/her full salary and any payment received, except travel. pay, for such duty. Section 34. Holidays A. Fixed Holidays. The City shall observe eleven (11) paid fixed-date holidays. These holidays shall be established for the City's fiscal year as determined by City Council Resolution. B. Holiday, Floating. The City will provide one (1) "Floating Holiday" of eight (8) hours per employee, per fiscal year for employees assigned to work eight (8) hours per day, which may be taken by the employee at a time mutually agreed upon by the employee and the Police Chief, consistent with operational needs. C. The City will provide one (1) "Floating Holiday" of ten (10) hours per day per fiscal year., which may be taken by the employee at a time mutually agreed upon by the employee and the Police Chief consistent with operational needs. If the Floating Holiday is not taken within the Fiscal Year ending June 30th, the City will pay the employee for that day. D. The appropriate hours, eight (8) or ten (10) will be determined by the hours per day being worked at the time of the "Floating Holiday" is taken. E. Employees hired between July 1 and December 31 of each fiscal year will be eligible for a Floating Holiday during the course of that fiscal year. Employees hired on or after January 1 of each year shall not be eligible for a Floating Holiday during that fiscal year. RE~Oe ~ 5 ° 21 ~ N C S 18 OTHER Section 35. Retirement A. The City of Petaluma agrees to maintain its current Public Employees' Retirement System to provide the 2% @ 50 program and all other options currently in effect for sworn officers. B. The City .agrees to maintain its current Public Employees' Retirement System to provide the 20 @ 60 program and all other options currently in effect for non-sworn personnel. Sworn Contract Amendment Options: 1959 Survivors Benefit ( Level 3) Effective upon modification of PERS contract. The City agrees to pay $2 toward the cost. of this provision during the FY 95/96 MOU. 1959 Survivors Benefit (Level 4). The Association agrees to split the cost of this contract modification 50/50 beginning July 1, 1996. One year Final Compensation Unused Sick Leave Credit Military Service Credit as Public Service Effective upon modification of PERS contract Alon Sworn Contract Amendment Options: 1959 Survivors Benefit (Level 1) One year Final Compensation Unused Sick Leave Credit Military Service Credit as Public Service Section 36. Grievance 1. Purpose of Rule: a. To promote improved employer-employee relations by establishing grievance procedures on matters for which appeal or hearing is not provided by other City procedures. b. To afford employees (individually or through the' PPOA) a systematic means of obtaining further considerations of problems after every reasonable effort has failed to resolve them through discussions.. c. To provide that grievances shall be settled as near as possible to the point of origin. d. To provide that appeals shall be conducted as informally as possible. RE~~. ~ -5 ®21 N C S 19 2. Matters Subject to Grievance Procedure: Any employee in the competitive service shall have the right to appeal./grieve under this procedure, a decision affecting his/her employment over which the appointing authority has partial or complete jurisdiction and for which appeal is not provided by other regulations or is not prohibited. Appeals to arbitration under Section E 2, shall be limited to 1) non probationary termination; 2) disciplinary demotion; 3) suspension without pay for forty (40) or more hours; or 4) a grievance regarding the application or interpretation of this .Memorandum of Understanding. 3. Grievance Procedure (A) Step One An employee who has a problem or complaint should first try to get it settled through discussion with his/her Lieutenant without undue delay. Every effort should be made to find an acceptable solution by informal means at his/her lowest possible level of supervision. (B) Step Two If the employee is not in agreement with the decision reached by discussion in Step I, the employee shall have the right to file a Step II appeal in writing within ten (l0) calender days after receiving the Step I decision of the Lieutenant. The Step II Appeal shall be presented in writing to the employee's Captain, who shall render a decision and comment in writing and return them to the employee within ten (10) calendar days after receiving the appeal. Failure of the employee to take further action within five (5) calender days after receipt of the written decision of the Captain, or within a total of fifteen (15) calendar days if no decision is rendered, will be considered by the City an irrevocable dropping of the appeal. (C) Step Three If the employee does not agree with the Captain's decision at Step II, or if no Step II answer has been received within ten (10) calendar days, the employee may present a Step III Appeal in writing to Chief of Police. The Chief of Police., or a designated representative if requested, shall discuss the Step III Appeal with the employee, his/her representative if requested, and any other person the Chief deems appropriate if any. The Chief shall render a decision in writing, and return it to the employee within ten (10) calendar days after receiving the appeal. Failure of the employee to take further action within five (5) calendar days after receipt of the RED®o 9 5 ®21 1 N Cr S 20 decision or within a total of fifteen (15) calendar days if no decision is rendered, will be considered by the City an irrevocable dropping of the appeal. (D) Step Four If the employee does not agree with the decision reached at Step III or if no answer has been received within ten (10) calendar days, he/she may present the Step IV Appeal in writing to the City Manager. After receiving the Step IV Appeal, the City Manager, or a designated representative, shall discuss the grievance with the employee,. employee's representative if requested, and. with other appropriate persons the City Manager deems appropriate if any. The City Manager may designate a fact-finding committee or officer not in the normal line of supervision, to advise him/her concerning the appeal. The City Manager shall render a Step IV decision in writing to the employee within twenty (20) calendar days after receiving the grievance. (E) Step Five If the employee does not agree with the City Managers' decision at Step IV, or if no step IV answer has been received within twenty-five (25) calendar days, the employee may present a Step V appeal in writing to the City Manager or his/her designee. An employee who chooses to appeal Step IV has the right to elect either of the two following procedures outlined below. _ In order to elect a procedure herein, the employee must give written notice of his/her intent to proceed under a. specific procedure at the time this Step is invoked. Such written election shall be on a form provided by the City and shall contain an unequivocal and unconditional waiver.. of the right to proceed under the alternative election. In no event will any employee be allowed to pursue both appeal procedures. (1) Personnel Rules and Regulations (a) Any regular employee shall have the right to appeal to the Personnel Board any disciplinary action, interpretation or alleged violation of the Personnel Ordinance or the Personnel Rules and Regulations except in instances where the right of appeal is specifically prohibited by the Personnel Ordinance or the Personnel Rules and Regulations. (2) Final and Binding .Arbitration (a) An employee may elect to use Procedure Two only if it an appeal involving (1) non-probationary termination, or (2) a disciplinary demotion, or (3) a suspension without pay for forty (40) or more hours, or (4) a grievance involving the application or interpretation of this Memorandum of Understanding. RED®e ~ 5 2 A 1 N: C 4S •F~ - 21 (b) In matters involving discipline, the arbitrator shall have the authority to determine whether the City, in taking the disputed disciplinary action, had just cause for such action, involving (1) non-probationary termination, or (2) a disciplinary demotion, or (3) a suspension without pay for forty (40) or more hours, and shall have authority to uphold, reduce or set aside the discipline, including reinstatement and restoration of back salary. (c) In matters involving the interpretation or application of this Agreement, the arbitrator shall not add to, subtract from, change or modify any provision of this agreement and shall be authorized only to apply existing provisions of this Agreement to the specific facts involved and to interpret only applicable provisions of this Agreement. (d) The parties agree on the following standing panel of arbitrators. Step V Appeals shall be heard and decided by an arbitrator selected from this panel by the mutual agreement of the parties or, failing such an agreement, by the alternative strike-out method. Joe H. Henderson Barbara Bridgwater Emily Maloney Francis Walsh Donald Wollett Gerald McKay Geraldine Randall (3) The City and employee (or Association) shall share equally the costs of the Procedure One or Procedure Two, including both fees and expenses. Each party, however, shall bear the cost of its presentation, including preparations and post hearing briefs. (4) The time limits set forth herein may be extended, shortened or waived by the mutual agreement of the parties but otherwise are binding. Section 37. Safety Committee The Petaluma Peace Officers' Association shall appoint one member to a Departmental Safety Committee. Section 38. Americans with Disabilities Act The City and the .Association recognize that the Americans with Disabilities Act and the Fair Employment and Housing Act may require accommodation of individuals protected under the Act and that these accommodations must be determined on an individual, case-by-case basis. The Union recognizes that the City has the legal obligation to meet with the individual to be RE~O.9 5 - 2-:1 ~ 1 N'-C s z2 accommodated before any adjustment is made in working conditions. The union also recognizes that individual employees have rights to privacy and confidentiality of medical information which the City is required to protect. If the City determines that, in order to accommodate an employee, it would be necessary to disregard an express provision of this MOU and thus deprive other bargaining unit members of an express contract right or rights, the City agrees to notify the .Association prior to the implementation of any such accommodation. If the Union disagrees with the proposed accommodation it may, before the end. of the third business day following such notification, request to meet with the City to discuss the accommodation. Thereafter, and upon presentation to the City of a waiver and authorization to release medical information, in a form approved by the City and signed by the individual seeking accommodation, the City agrees to meet with the Association and provide the Association with an opportunity to discuss and provide input and comment with respect to the proposed accommodation. The Association agrees to keep information shared in such meetings confidential and will not disclose such information to any member. In the event of a breach of this confidentiality provision by the Association, the. Association agrees to defend, indemnify and hold Harmless the City against any subsequent lawsuit or other claim, to the extent sucH lawsuit or claim is based upon such disclosure of information. In the event. that the City and the Association are unable to agree with respect to the proposed accommodation, the Association may resort to a court of. competent jurisdiction for any relief it believes it may be entitled to. However, until otherwise ordered by a court of competent jurisdiction, the City may implement the proposed accommodation if the City and the Association are unable to reach agreement. The parties expressly recognize and agree that any dispute arising from the interpretation or application of this paragraph is not subject to the arbitration/dispute resolution provisions of this agreement. Any accommodation provided to an individual shall not establish a past practice, .nor shall. it be cited or used as evidence of a past practice. ~E~Oo 9 5 m 21 1 ~N C S 23 Section 39 Layoffs Sec. 1. Notification: Employees to be laid off shall be given, whenever possible, at least 14 calendar days prior notice. Sec. 2. Vacancy and Demotion: Except as otherwise provided, whenever there is a reduction in the work force, the appointing authority shall first demote to a vacancy, if any, in a lower classification for which the employee who is the latest to be laid off in accordance with Section 5 is qualified. All persons so demoted shall have their names placed on the re-employment list. Sec. 3. Employee Rights: An employee affected by layoff shall have the right to displace an employee in the same department who has less seniority in 1) a lower classification in the same classification series or in 2) a lower classification in which the affected employee once had regular status. For the purpose of this section and Section 4, seniority includes all periods of full-time service at or above the classification level where the layoff is to occur. Sec. 4 Seniority: In order to retreat to a former or lower classification, an employee must have more seniority than at least one of the incumbents. in the retreat classification, be qualified to hold the retreat classification or have served in the retreat classification prior to the layoff and request displacement action in writing to the Personnel Officer within (5) working days of receipt of notice of layoff . Employees within each category shall be laid off in reverse order of seniority within the classification series. Seniority for the retreat classification would be the combination of time served at or above the layoff classification and any prior time served in the retreat classification. Ties will be broken based on seniority of total City service. Res®: g~- 2~ 1 N C S 24 Employees retreating to a lower or similar classification shall be placed at the salary step representing the least loss of pay. Ih no case shall the salary be increased above that received in the classification from which the employee was laid off. Employees retreating to a lower or similar classification shall serve a probationary period in the new classification unless they have previously successfully completed a probationary period in the retreat classification or a higher classification in the series. Sec. 5. Employment Status: In each classification of position within the competitive service, employees shall be laid off according to employment status in the following order: temporary, provisional, probationary, and regular,. Temporary, provisional and probationary employees shall be laid off according to the needs of the service as determined by the appointing authority. Sec. 6~. Re-employment List: The names of persons laid. off or demoted in accordance with these rules shall be entered upon a re-employment list... Lists from different departments or at different times for the same classification of position shall be combined into a single list. Such .list shall be used by every appointing authority when a vacancy arises in the same or lower classification of position before certification is made from an eligible list. Sec. 7. Duration of Re-Employment List Names of persons laid off shall be carried on a re- employment list for two years, except that persons appointed to regular positions of the same level as that which laid off, shall, upon such appointment, be dropped from -the list. Persons who refuses re- employment shall be dropped from the list. Persons re-employed in a lower classification, or on a temporary basis, shall be continued on the list for the higher position for two years. Employees in Public Safety classifications shall be subject to all regular medical and psychological testing in order to determine fitness for duty. ~E~~. ~ 5- 21 1 N C S 25 ACCEPTANCE The parties affix their signatures as constituting mutual acceptance and recommendation of this Memorandum of Understanding to become effective January 1, 1993 following its adoption by the City Council of the City of Petaluma. PEACE OFFICERS' ASSOCIATION OF PETALUMA f~ ~ Z S CITY OF PETALUMA ~~s®. 9 5- 21 N C S RESOLUTION NO. N. C . S . 1 of the City of Petaluma, California 2 3 RESOLUTION RATIFYING MEMORANDUM OF UNDERSTANDING 4 EXECUTED BY THE DULY .AUTHORIZED REPRESEYITATIVES OF THE 5 CITY OF PETALUMA AND THE 6 PETALUMA PEACE OFFICER'S ASSOCIATION 7 FOR EMPLOYEES IN UNIT 6 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 Peace Officer's 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 WHEREAS 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. 53.74 Ai. 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 6 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 IInderstandng (as attached) shall be effective July 3, 1995, 39 until June 30, 1997. 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 Approved as to Council of the City.of Petaluma at a (Regular) (Adjourned) (Special) meeting fO~ on the day of . 19~.._; by the following vote: _ _ City Attorney AYES: NOES: ~ _ 2~ 1 N C S ABSENT: ATTEST: City Clerk ~ Mayor Qnmci2 F.~ CA 10.85 Res. No . N.C.S.