HomeMy WebLinkAboutResolution 94-183 07/18/1994ReSOIU~I®~ Nom. 94-183 N.C.~.
of the City ofi I'~t~luma, C~liforni~~
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RESOLUTION RATIFYING MEMORANDUM OF UNDERSTANDING
EXECUTED BY THE DULY AUTHORIZED REPRESENTATIVES OF
THE
CITY OF PETALUMA AND THE
PETALUMA PEACE OFFICER'S ASSOCIATION
FOR EMPLOYEES IN UNIT 6
WHEREAS, The City, through its duly authorized
representatives, and the City of Petaluma Employees' Association, through
its duly authorized representatives, have concluded their mutual obligation.
to meet and confer in good faith with respect to terms and conditions of the
Meyers-Milias-Brown Act and the City's Employer-Employee Relations
Rules and Regulations (Resolution No. 5512 N.C.S.); and
WHEREAS, the duly authorized representatives of the City and
the City of Petaluma Peace Officer's Association. have executed a
Memorandum of Understanding pursuant to Section 15, Resolution No. 5512
N.C.S. and recommend its approval by the City Council; and,
WHEREAS THE CITY MANAGER, pursuant to Section 28, City
of Petaluma City Charter, and as the City's Municipal Employees' Relations
Officer (Resolution No. 5374 N.C.S.) is required and empowered to make a
recommendation to the City Council on matters related to employees'
compensation, and
WHEREAS, the City Manager has reviewed and concurs with
said Memorandum of Understanding for Unit 6 and does recommend that
the City Council ratify said Memorandum of Understanding.
NOW, THEREFORE, BE IT RESOLVED that said
Memorandum of Understanding, being in the best interest of the City, is
ratified and the terms and conditions of said memorandum of Understanding
(as attached) shall be effective duly 3, 1994, until June 30, and from year to
year thereafter unless written notice is given by one party to the Agreement
as set forth in Section 3, Paragraph 2_
Under the power and authority conferred upon this Council by the Charter of said City.
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) (1~Id3X~) meeting ~--~- ~fo
on the ..----`J.tkl--•--...-.... day of .........s~U~~? .......................................... 19.-~4., by the -~--
following vote: •-•--.-...-~- •- ------ ----------------
ity Attorney
AYES: Parkerson, Read, Hamilton, Shea, Vice Mayor Sobel, Mayor Hilligoss
NOES: None
ABSENT: Barlas
ATTEST:
C~ y Cler);
Cbtmcil Fil~A.._ ...............................
CA ]U-85 Res. No....94.-18.}3.......... N.C.S
~UL
P+~SORANDUM OF UNDERSTANDING
BETWEEN
THE CITY OF PETALIJIKA
AND
PEACE OFFICERS' ASSOCIATION OF PETALUMA
FISCAL YEAR 1.993-199.4
FISCAL YEAR 1994-1995
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TABLE OF CONTENTS
PREAMBLE
GENERAL
Section 1.
Section 2.
Section 3:
COMPENSATION
Term of Agreement
Severablity
Workweek
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
Classification
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. Holday_ PAX
Section 1.7. Sick Leave Payment at Retir ement
Section 18. Investigation Standby
Section 19. Deferred Compensation
Section 20. Employee. Retiree Benefit
INSURANCE
Section 21.
Section 2.2.
Section 23.
Section 24.
Section 25.
Section 26.
Health Insurance
Dental Insurance
LifeInsurance
Long Term Disability Insurance
Vision Insurance
Other Health and Welfare Payments
LEAVES
Section 27. Vacation
Section 28. Sick Leave.
Section 29. Bereavement Leave
Section 30. Military Leave
Section 31. Leave of Absence without Pay
Section 32.. Jury ,Leave
Section 33. Holidays
OTHER
Section 34, Retirement
Section 3`5. Grievance Procedure
Section 36. Safety Committee
Section 37.. Americans With. Disabiltes.Act
Section 38. Layoff. Procedure-
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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-Milas-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.
- -_ GENERAL
Section 1. Term of Agreement
This Memorandum of Understanding shall commence July, 1 1993, and
shall continue through June 30, 1995.
Section 2. Severability
The parties will commence meeting and conferring for 1995-96
fiscal year, not later than the end, of April 1995 and w1T
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 (10) hours. per day in each of four
(4) twenty-f-our (24) hours days, pursuant to S'ect'ion 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.
Pol-ice 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) 4x1..0 Shifts for Patrol. Police Officers and Sergeants
assigned to patrol functions shall. continue existing four (4) ten
(lOj hour work day during the term of this Agreement.
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(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. Salarv
(A) A one time lump-sum payment will be made to each employee,
who is a member of Unit 6 as of the date of adoption of this MOU,
in an amount equal. to 1'% of the employee' base salary (as of
June 30, 1994) for the; period January 1, 1.9,94, to June 30, 1994,
less applicable withholding. The parties recognize and agree
that this amount is not compensation for hours worked nor is it
in payment for .any unpa<id-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 3, 1994, the base hourly rates for each of
the classifications included in representational Unit 6 are as
follows:
Police Inv Sgt $22.97 $24.11 $25.32 $26.58 $27.91
Police Sgt $22.97 $24.1.1 $25.32 $26.58 $27.91
Police Inv $19.23 $20.19 $21.20 $22.26 $23.37
Police Officer $19.23 $20.19 $21.20 $22.26 $23.37
Dispatcher _
$15.46 $16.24 $17.05 $17.90 $18.79
PEO $13.46 $14..14 $14.84 $15.59 $16.37
CSO $13.46 $,14.48 $15.59 $15.59 $16.37
Evd Tech $13.46 $14.14 $14.84 $15.59 $16.37
P O Trainee $16.37
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,
1994, 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
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414. (h) (2) of the Internal Revenue Code pursuant to City of
Petaluma Resolution No. 90-362. The, .employee may not elect to
take ths~amou~t in salary. The tax exemption dges 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-contr--act the officer wa's not
responsible for .paying; any portion of the required 9%
employee contribution. Trie~Cty 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 of-fiver.
Under the 41,4 (h) (2:) method.,,: the EPMC wi`Il 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 full 9% will be tax exempt and this
means the officer will pay taxes on $2,975.
The increase in base salary also means
of the officer's overtime compensation
computations (such as the computation
leave balances to which an employee ma
retirement) will be affected in the sa
accompany an increase. in base salary.
Section. 6. Overtime
that the calculation
and other wage-driven
of the cash value of
y be entitled"upon
me manner as would
The City shall compensate. each employee governed by this
memorandum at the rate of time. and one-half at the curr;ent,~
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
call-.back,, after .having completed
and .having left the City premises,
(2) hours of :work or two (2) hours
of -time. and one-half at the Curren
work,;: excluding. :court time
the employee's regular shift
shall receive a minimum of two
of pay, at the overtime. rate
t regular hourly rate of pay.
Section 8. Compensatory Time Off
Sworn a`nd:non sworn employees .may receive, in~leu of being pa d
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 des-gnated 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 shill 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
or her 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 shall be paid
Step III of the regular hourly rate of pay of Sergeant. If the
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Watch Sergeant of the preceding shift, the Chief, or Lieutenant
is .unavailable due to unforeseen circumstances and it 'is
necessary farm 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 wh=i le he or she
is entitled fo '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 5o above their base regular rate of pay for any hours
spent performing assigned training.
Section~•12. Communications Dispatcher-Clerk Training?
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 encou-rages 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 reaches, for the first time; salary Step III
of his/her classificaton,.and who has an Intermedi'ate,P.O,.S.T.
Certificate, shall qualify t'o receive incentive. pay ,:commencing.
with the next full pay period.
Intermediate P,O.S.T 50 of base salary
Advanced P.O.S.T. 7% of base: salary
Supervisory Certificate. 7% of base salary
Section 14. Sergeant Promotons-
Upon promotion to Sergeant, Police Officer in Step V of the `.
salary scale .shall be placed. in Step II of the Sergeant_salary
scale:.
.i ..
All other Officers promoted to Sergeant shall .be placed in Step I
of the'Sergeant salary' scale.
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Section 15. Uniform/Clothing 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 1-1/2% 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 1-1/20 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
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 T6. 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 paycheck received in
December, in lieu of giving time off.
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If an employee works only part of a-year, due to resignation,
termination, retirement, or disability,, he or she will be
entitled to a-~r.orated 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 th.e City shall receive fifty percent
(50~) 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 (50%) of his/her accumulated but
unused sick leave, not to exceed 480 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.
$90..00 per seven (7) day workweek of actual standby.
Additionally,-for each holiday for which the investigator is
requi"red to standby, the City will pay the Investigator an
additional $40.0.0.
Section 19. Deferred Compensation
The Petaluma Peace Officers Association will be eligible:to
participate in the City of Petaluma's 457 Deferred Compensation
Plan Program.
Section 20. Other Retirement Benefits
A. Service Retirement
The City will pay $95.00 per month for employees retiring after
January 1, 1993 who.hagereached.age '5'0~with..20 :yearn of .service.
This benefit-will decrease in the amount of $5.OO per~year to
$0.00 in 2012.
B. Disability ,Retirement
An employee, who retires on disabi .ty, 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.
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INSURANCE
Section 21. 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 22. Dental Insurance
The City shall provide for a group Delta.~Dental Insurance
Program f:or 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 23. Life Insurance
The City shall provide, at no cost to the employee, group term
life insurance coverage in the principal amount of $15,000 per
employee.
Section 24. 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 Urti.t 6.
Section 25. Other Health-and Welfare Payments
The .City shall provide to the active members of Unit 6
additional monthly health and welfare payments up to the
following amountsc
Employee $ 63.00
Employee +1 $226.00
Employee +2 $.336:00
Section. 26. vision Insurance
The. City shall provide a vision Plan for employees and
dependents in the amount of $12.95 per month.
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LEAVES
Section 27.'~~acation
A) All regular employees of the City of Petaluma ,,. after .
working one full year, are entitled to the equivalent of eighty
(80j hours. of vacation with pay in the year following the year
in which the vacation is earned...
B) All. regular emp ogees o;f-the City of Petaluma,. after five
(5j years ~of continuous .employment with the City., and.be.ginnng
with. the sixth year shall be entitled -to the equivalent of` one
hundred twenty ("120j hours .of vacation per year:
C) After-ten,(10 ). years o.f 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 vacat'on shall be added for each additional
year of continuous service to a maximum of 20A hours of
vacation.
E) Vacation accumulated in excess of two years will be lost,
Section.2'8. Sick Leave
A. General.
Sick leave with pay shall be granted to
regular-employees within the. competitive
shall not be considered ;a, right which an
his/her discretion,-but shall be allowe
necessity or actual personal sickness or
B. Accrual.
all probationary a_nd
service. Sick leave
employee, ~may~ use at
d only in°the case of
disability.
It is understood that the Sick, Leave Fr.ovisons of the,
Memorandum of Understanding 'f or, 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 mmediate.superior or the
Personnel Officer prior to: or within four- hours after:hs%her
time set for beginning his/her daily duties as'may-be spec-ified
by the head 'of hs/her` department... . 'When .absence is..for more
than three (3) days duration; the employee may 'be required to
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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 tp employees in the event of serious
illness or injury-i:n 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 sha1T 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 her/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 eligib.Te 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 bar-gaining 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
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employee and the number of hours being transferred. All such
transfers are irrevocable, In order to be eligible; to receive
a transfer. of-sick leave 'the receiving employee must have zero
hours of accrued sick leave.
Transfers shall be subject to the following limitations:
l) All transfers shall be within this Unit only; ar-d
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 29. Bereavement :Leave
Leaves of absence up to three wor--king days p~
be granted to employees in the event of death
immediate family. The mmedate;£a_miy shall
spouse, children, parents, brothers:, sisters,
mother-in-law, brother-in-law, sister'-in-law•;
individual whose relationship to the employee
legal dependent.
Section 30. Military Leave
ar f.iscai year may
in the employees
consist. of the
father-in-.law,
or other
is that of a
Military leave shall be granted in .accordance with the
provisions of State L,aw: 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 31. Leave of Absence Without Pav
The City Manager may gr-ant 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 sx (6)
months. No such leave~shal be granted except upon written
request of the employee setting forth the reason,~for the
request; anfl 'the. approval wll.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 wa granted.
Fai ure on the part of..~an employee on leave to report promptly.
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at. its expiration, or within a reasonable time after notice to
return to duty shall be cause for discharge.
Section 32. 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 33. 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 o~f 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.
R~E~O.~~g~4 ~- 1'8~3r.N~
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Section 34. Retirement
OTHER
A. The City of Petaluma agrees to maintain its current Public
Employees' Retirement System to provide the 2% @ 5O.p"r.ogram and.
all other options currently in effect for sworn off':cers.
B. The City agrees to maintain its current Public Employees'
Retirement System to provid`e'the 2% @ 60 program and aTl other-
options currently in effect for non-sworn personnel.
Section 35. Grievance
1. Purpose of Rule:
a. To .promote improved employer-employee relations
by establishing grievance; procedures on matters fqr which
appeal or hearing is not provided by other City procedures..
b. To affor-d 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.
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 -
author.ity 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) disc>"iplinary demotion;
3) suspension without pay for forty (40) or more hours;
or
4) a grievance regar.d~ing the application or
interpretation of this Memorandum of Understanding.
17
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 b`e 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 (10) 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,rend`er 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
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 (1D)
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.
~~so 19 4 - 1 ~ ~3 .N~.,~~~~~;.
18
(E) Step Five
If the emplo~ree does not agree. with the City Managers:' decision
at Step IV, or if no step IV answer has been received within
twenty=f;ve (25) calendar days, the employee may present .a Step
V appeal'in.wrtng to=tYse City Manager or his/her desghee.
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 spee:ifc
procedure at the time this Step is invoked. Such written
election shall be on a form ~.pr.ovided by the City 'and steall,
contan~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
(aJ 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~nvolving (l) non-probationary
termination; or (2) a dseiplin'ary demotion; or .(3 ), a
suspension wthout~pay for forty (40) or more hours, or .
(4) a grievance invo`lvirig the application or
interpretation of this Memorandum of Understanding"".
(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- -
termnation, or (2) a disciplinary demotion, or (3) a.
suspension without pay :f or forty (40) or mor.-e hours,~and
shall have autliority.to uphold, reduce or set a ide the
disci:plne,.ncludng reinstatement -and restoration of
back salary. .
(c) In matters involving the interpretation or
application of"this Agreement, the arbitrator shall r_ot
add to, subtract from, change or modify any provision of
this agreement and shall be authorized only`to apply
existing provisons_of this hgreement to the°speci=f~ic
facts involved and tb interpret only appleabl.e provisions
of this Agreement.
19
(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
Emily Maloney
Donald Wollett
Geraldine Randall
Barbara Bridgwater
Francis Walsh
Gerald McKay
(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~36. Safety Committee
The Petaluma Peace Officers Association shall appoint one
member to a Departmental Safety Committee.
Section 37. Americans with Disabilities Act
1. Because the ADA requires accommodations for individuals
protected under the Act, and because these accommodations must
be determined on an individual, case-by-case basis, the parties
agree that the provisions of this Agreement may be disregarded
in order for the City to avoid discrimination relative to
hiring, promotion, granting permanency, transfer, layoff,
reassignment, termination,, rehire rates of pay, job and duty
classification, seniority, leaves, fringe benefits, training
opportunities, hours of work or other terms and privileges of
employment and waive the duty to bargain on Americans with
Disabilities issues.
2 The PPOA recognizes that the City has the legal obligation
to meet with the individual employee to be accommodated before
any adjustment. is made in working conditions. The PPOA will be
notified of these proposed accommodations prior to
implementation by the City.
3 Any accommodation provided to an individual protected by
the ADA shall not establish a past practice, nor shall it be
cited or used as evidence of a past practice in the grievance
procedure.
20
Section 38 Layoffs
Sec. 1. Na~.fcation:
. Employees to be laid off shall be given, whenever
possible, at least 14 calendar days prior not-ice.
Sec. 2. Vacancy and Demotion:
Except as otherwise provided, whenever there: is a
reduction in the work force, the appointing authority
shall first demote toga 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 Riahts:
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 clan ification 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
furl-time service at or above the classification'
.level where the layoff is to occur.
Sec. 4 Seniority:
hn 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
c_Ia sificaton, 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 not-ice
of layoff.
Employees within each category shall be; laid off; in
reverse order ~of seniority withn~the classification
series. Seniority for the .retreat classification.
would be the combination of time served at..or. above
the layoff clas'sificaton.and any prior time served
in the retreat classification. Ties will be broken
based on seniority of total City service.
21
Employees retreating to a lower or similar
classification shall be placed at the salary step
representing the least loss of pay. In no case shall
the salary be increased above that received in the
classification from which the employee was laid off..
Employees retreating to a lower or similar
classification shall serve a probationary period in
the new classification 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 clad 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
appo--rated- 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.
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REST. g 4 ®~ g 3 ~. `C1
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as
ACCEPTANCE
The parties affix their, signatures as constituting ntiutual
accep -ance and recominend'ation of this Memorandum :of
Unders andng to become effective January 1, 1993 following its
adopti by the City Council of the City of Petaluma.
PEACE FILERS' ASS~gCIATION OF PETALUMA
C.
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,ay if y ~.
~~~Oo94- 1~ 3NC
CITY OF PETALUMA
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