HomeMy WebLinkAboutResolution 94-165 07/05/19941 \~SOI l.,l l 1®n 1 r o. 94-1 65 1 ~1.~.J.
1 ofi the City of Petaluma, California
2 RESOLUTION RATIFYING MEMORANDUM OF UNDERSTANDING
3 EXECUTED BY THE DULY AUTHORIZED REPRESENTATIVES OF THE
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CITY OF PETALUYKA AND THE
CITY OF PETALUMA EMPLOYEES' ASSOCIATION
FOR EMPLOYEES IN UNIT 2 (MAINTENANCE)
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 Employees
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 2 and does recommend
that the City Council ratify said Memorandum of Understanding.
NOW, THEREFORE, BE IT RESOLVED that said Memorandum of
Understanding, being in the best interest of the City, is
ratified and the terms and conditions of said memorandum of
Understanding (as attached) shall be effective July 4, 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_-°---'°" - as to
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Council of the City of Petaluma at a (Regular) ~~gq~g~{~,pgl) me~ing
on the ..5.th ................ day of .........J.UIy-•-----..................................:, 19Q4..., by the
following vote: ---- - ----- ---- -------
ity Atto ney
AYES: Parkerson, Read, Shea, Vice .Mayor Sobel, Mayor Hilligoss
NOES: None
ABSENT: Hamilton, B ~
/ ~~%!i
ATTEST : .-----....~„~ ..............................................................................
City Clerk
. ..
Mayor
(bunch File---_ .................•----°-...-..
ca io-s5 Hes. No...9.4-.1.6.5.......... N.cs
UNIT 2
MEMORANDUM OF UNDERSTANDING
FISCAL YEAR 1994/95
MEMORANDUM OF UNDERSTANDING
Between
THE CITY CITY OF PETALUMA
and
CITY OF PETALUMA EMPLOYEES' ASSOCIATION
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TABLE OF CONTENTS
PREAMBLE
GENERAL
Section 1.
Section 2.
Section 3.
Section 4.
Recognition
Definition
Severability
Non-Discrimination
ASSOCIATION MATTERS
Section
Section
Section
Section
Section
Section
5.
6.
7.
8.
9.
10.
Association Security
Dues Checkoff
Stewards and Representatives
Bulletin Boards
Excused Absence
Association/City Meetings
COMPENSATION
Section 11. Wages
Section 12. Overtime
Section 13. Call-back Pay
Section 14. Stand-by Pay
Section 15. .Pay Rate Permanent Transfer-New
Classification
Section 16. Temporary Work Out Of Classification
Section 17. Payment For Missed Meals
Section 18. Termination Pay
Section 19. Retirement Contribution
Section 20. Smoking Cessation Plan
Section 21. Work Boots
Section 22. Compensatory Time Payment
INSURANCE
Section 23. Health Insurance
Section 24. Life Insurance
Section 25. Dental Insurance
Section 26. Long-Term Disability Insurance
Section 27. .Vision Insurance
Section 28. Other Health & Welfare Payments
LEAVES
Section 29. Vacation
Section 30,. Sick Leave
Section 31. Bereavement Leave
Section 32. Holidays
Section 33. Industrial Injury Leave
Section 34. Leaves of Absence Without Pay
Section 35. Annual Military Duty
Section 36
Section 37.
Section 38.
PROCEDURES'
Section 39.
Section 40
Section 41
Section 42
Section 4'3.
Section '44.
Section 45.
,OTHER.
Section
Section
Section
Section
Section
Section
Jury .Duty
Meal and. Rest Period
Compensatory Time Off
New Or Changed Classifications
Seniority
Promotions
Temporar-y Appointments
Transfers Between Sections
Probationary Employees
Layoff And Recall Procedures
46. Retirement Plan
47. Discipline
48. Grievance Procedure
49. Employee Jbb Training
50. Safety Committee
51 Bonus Holiday
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PREAMBLE
This AGREEMENT entered into by, the CITY OF PETALUMA, hereinafter
referred to as the CITY, and The CITY OF' PETALUMA EMPLOYEES
ASSOCIATION, hereinafter referred to as the Association.
The parties hereto desire. to confirm and maintain the spirit of
cooperation which has existed between the City and its employees.
The Association and the City will strive to promote a harmonious
relationship between all parties to this agreement that will
result in benefits to the City's operations and its employees,
and provide continuous and uninterrupted services.
Both parties agree to the establishment of an equitable and
peaceful procedure for the resolution of differences; and the
establishment of rates of pay, hours of work and other terms and
conditions of employment..
The use of the masculine or feminine gender in this Agreement
shaT1 be construed as including both genders and not as sex
limitations.
• A
SECTION 1
RECOGNITION
For the purpose of meeting and conferring with respect to wages,
hours, and conditions of employment, the City, tq the extent
permitted by law, recognises the Association as the
representative for all employees who are employed in and assigned
to the: job classifications which in the aggregate constitute the
City's work Unit Number .Two (2) Maintenance.).
SECTION 2
..DEFINITIONS
1. The terms "employee" and "employees" as used in this
agreement, (except where the agreement clearly indicates
otherwise) shall mean only an employee or employees within
the unit described °n DESCRIPTION OF UNIT.
2. The term."temporary" shall-mean. any individual .or
individuals whose employment is limited in duration.
3. The term ",regular full-time employee" shall mean an employee
whose normal scYiedule of work is forty (40) hours per
calendar work week.
4. The term "part-time employee" shall mean an employee whose
normal schedule of work is less than a regular full-time
employee excluding those employees on a Voluntary Reduction
of Hours.
5. "Calendar day" means -the twenty-four (24) consecutive-hour
period beg-inning at midnight ,.and ending, at midnight the
following day.
6. "Calendar work week" means a consecutive 7-days. Beginning
at 0:001 day 1 and coastinuing-until 2400 168 hours later.
7. "Normal work week" means any five (5) consecutive calendar
days within a calendar work week.
8. "Seniority" means uninterrupted employment with the City
beginning with the last d-ate. h=ired by the City and shall
include periods of City employment outside the Unit, but
shall exclude periods of layoff and leaves of absence,
except medical, in excess of 30 consecutive days, ,including
the first 3D days of such absence.
9. An employee is a ",probatonary~employee" for his./her first
six (6) months. of employment.. `Periods of absence exceeding
five (5) working day shall not be counted, towards
completion of the probationary period.
10. "Voluntary .Reduction of Hours" means. a flexible workweek
established between the- employee and the Gty to work less
than forty (40) hours per calendar workweek.
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SECTION 3
SEVERABTLITY CLAUSE
1. In the event that any portion of this agreement is declared
invalid by a court of :competent jurisdiction, it shall not
affect the validity of any other portion of this agreement
not invalidated. Any portion held invalid shall be.re-
negotiated so as to effectuate the purposes and intent of
the invalid portion if legally possible..
2. NEGOTIATION PERIOD: The Association will submit in writing
to the City not less than ninety (90) days prior to the
expiration date of this Agreement and any proposed
modifications to this Agreement for the subsequent Fiscal
Year. The ,parties will commence Meeting and Conferring not
less than seventy-;five (75) days prior to the expiration
date of this Agreement 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.
3. TERM OF AGREEMENT: '
a. This agreement is subject to the approval of the City
Council of the City of Petaluma.
b. The terms, benefits and conditions of employment
granted this unit are governed solely b this memorandum
of agreement..
c. The terms of this Agreement shall commence on July 1,
1994, and continue until the expiration date of 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.
4.
d. If such notice is given by either party, the party
receiving such .notice may also during ensuing
negotiations. present changes in the agreement desired
by said party.
e. Negotiations upon. the modification or amendments shall
be conducted promptly at a time and place mutually
agreeable to both parties and shall continue through
said period in an effort to reach agreement.
NO INTERFERENCE AND NO LOCKOUT GUARANTEE
a. The Association and its officials will not,
indirectly., take part in any action against
.interference with the operations of the City
term of this Agreement.
directly or
or any
during the
s t. .. +.
b. The City shall not conduct a lockout of its employees,
during the term of this Agreement.
,SECTION 4
NON-DISCRIPgINATION
1. The City will not interfere with or discriminate in any way
agains any employee by reason of his./her membership in, or
activity required by this Agreement, "nor will the. City
discourage membership in the Association or encourage
member-ship in any other Association.
2. Because the Americans with Disabilities Act requires
accommodations for iriduduals protected under the Act., and
:because these accommodations must be determined on. an
individual, case-by-cas.e basis, the partes'agree that the
.provisions of this Agreement-may-be disregarded -ri order for
the City to avoid discrimination relative to hiring,
promotion, granting pe"rmanency, transfer, layof°f.,
teas ignment, termination, rehire rates of pa<y,~job and duty
classification, seniority, leaves, fringe benefits.,. training
opportunities, hours of work or other terms and privileges
of opportunities, hours of work or other terms, ;and.
privileges of opportunities, hours. of work o'r other terms
and privileges of employment and waive the duty to bargain
an Americans with
Disabil ies issues.
The Association 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 Association will be notified of these
proposed accommodations prior~to implement"aton by the City,
The Association, in turn; recognizes its responsibility as
employee representat~e and agrees. to represent all
employees without discrimination, nterferenc'e,. restraints,
or coercion. The. terms_of this Agreement. shall be applied
equally to all employees:, wiahaut`discrimnation as to age;
sex.,. marital status;~religon, race,, color; creed"national
origin, or political affiliation. The Association shall
share equally with the City the responsibility for applying
this provision of the Agreement.
SECTION 5
ASSOCIATION SECURITY
1. It is the :intent of this Article to provide for the regular
dues of Ass_ocaton_`members to 'be deducted from their checks
insofar as. permitted by law. The': City agrees to deduct and
transmit to the Association,;, dues from alT Assoeati.on
members within the foregoing unit who have signed an
authorization card-for such deductions in a form.ag"reed upon
R~S~-.'9~ 4'-'16 5 N C ~
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by the City and the Association. However,.the City assumes
no responsibility either to the employee or to the
Association, for any failure to make or .for any errors made
in making such deductions.
2. The written authorization for Association dues deduction
shall remain in full.foree and effect; during the life of
the current agreement between the City and the Association
unless cancelled in writing.
3. Upon written request of the Association the City shall
change the amount of dues deducted from Association members'
checks.
4. The Association agrees to indemnify, defend and hold the
City harmless aga°inst any claims made of any nature
whatsoever, and .against any suit insti~.tuted against the City
arising from its check-off of Association dues.
SECTIOAT 6
DUES CHECKOFF
1. During the life of. this Agreement, and to the extent the
laws of the State of California permit, and as provided in
this Article, .the City will deduct one month's current and
periodic Association dues based upon a uniform dues schedule
from the pay of each employee. who voluntarily executes and
delivers to the City the following authorization form:
VOLUNTARY AUTHORIZATION FOR DEDUCTION
OF'ASSOCIATION DUES. FOR THE
CITY OF PETALUMA EMPLOYEES ASSOCIATION
Name Social Security No.
(type or print)
Division andDepartment:
2. I authorize the City to deduct from wages earned by me
monthly Association dues as certified to the City by the
;Secretary-Treasurer of the Association, and to .remit the
same to the Association at such time and in such manner as
may be agreed upon between the. City and the Association.
3. This authorization and direction shall remain in effect from
to
and shall be for that. period of time; provided, however,
that it shall not extend beyond the term of this agreement.
This authorization and direction shall be automatically
revoked upon my termination of employment with the City.
Signature of Employee
,p ~ i., Y
''' ~
Address of. Employee
Date of Signing
Date of Delivery to the City
4. The fo lowing certification for-m shall..be.usedby the
Association when certifying membership dues:
CERTIFICATION OF'.SECRETARY-TREASURER
OF THE ASSOCIATION
5. I certify that the. membership dues for employees in. the unit
is
per
Date (Secretary-Treasurer of the Association)
Date of Delivery to the City
6. Payroll deductions shall be made in equal amounts from each
`regular pay check provided, however, the initial deduction
for employees shall not `beg'in unless
a. A properly executed."Vo untary Authorization for
Deduction of As"socatori Dues" is on file with the
City, and,
b. The amount of the monthly membership dues cert,i•fed by
the Secretary-Treasurer of the Association has been
delivered to the City .at a place designated by. the City
at least ten (1:0) calendar days prior to the last day
of the pay period.
7. Changes. in the amount of the monthly member- hip dues must be
delivered to the City at .a place designated by-the City at
least thirty (30) calendar days prior to the last pay day of
the calendar month prior to the change becoming effective.
8. An employee may revoke his:/her "Voluntary Authorization for
Deduction of Association Dues",, only as provided by the
terms of his/her Voluntary Authorization.
9. All sums deducted by the City shall be remitted to the
Secretary-Treasurer o;f.the Association at an address given
to the City by the Association, by the tenth (10th) calendar.
day following the pay period when the deductions were.made,~
together with a list`of names and the amount deducted for
each employee for whom a.deductori was made. .The City wil`1
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also notify the Association of the name of each employee who
revokes his/her "Voluntary Authorization for Deduction of
Association Dues".
SECTION 7
STEWARDS AND REPRESENTATIVES
1. The City recognizes and agrees to deal with the accredited
Association Stewards and Representatives of the Association
in all matters relating to grievances and the interpretation
of this Agreement.
2. A written list of the Officers of the Association and the
Association Stewards with the specific areas they represent,
shall be furnished to the City.. .Notice of any changes of
such Association Officers or Stewards shall be promptly
forwarded to the City in writing.
3. The number of Association Stewards shall not exceed three.
Any change in the number of Stewards shall be made by
written consent of both parties.
4. Upon the request of the aggrieved employee, a Steward or
Association Officer may investigate. the specified grievance,
provided it is in his/her assigned work area, and assist in
its presentation: A reasonable amount of paid time shall be
afforded the Steward or Association Officer while
investigating such grievance. In presenting such grievance
to the City the Steward or Association Office shall be
allowed reasonable time off during regular working hours
without loss of pay, subject to prior notification of
his/her immediate Supervisor and with the concurrence of the
City Manager.
5. Upon request to the City Manager, a representative of the
Petaluma Employees Association who will be representing the
employee in the grievance procedure, may visit work areas at
a time mutually agreeable to both parties for the purpose of
preparing the .case. Such visitation rights shall be limited
to a reasonable amount of time and shall not interfere with
.normal work operations.
6. During such visit the representatives may-inspect any area
relevant to the grievance with. the Association Steward or
his/her designated representative.
SECTION 8
BULLETIN BOARDS
1. The City shall~progide the Association with space on
bulletin boards in areas where the Association has employees
it represents for the purpose of posting Association
notices. Such notices may be posted by the Steward,
although not limited to the following notices, they may
include:
a. Recreational and social
b. Association meetings.
c. Association ehections,
d. Results of Association
event of the Association.
appointments _.
elections.
2. In the event a dispute arises concerning the appropriateness
and/or :amount of material posted, the Steward of 'the
-Association will be advised by the City Manager of the
nature of the dispute and the disputed material. wi'T1 be
removed from the bulletin boards until tYie dispute is
resolved.
SECTION 9
EXCUSED' ABSENCE
1. An employee who is e ected or selected by the Association,
upon the written request of the Secretary-Treasurer of the
Associanion, may be
granted an excused ;absence without pay for a period not to
exceed-five (5) days per yea"r to ;attend conferences or
conventions. Not more than one employee will be granted. an
excused absence at any one time.
SECTION 10
ASSOCIATION/CITY MEETINGS
1. At the request of either the Associat-ion or the. City,
conferences shall be held for the purpos$ of eons_derng
matters of mutual interest, other than mutually ac'ceptab'le
arrangements as to time and place can be made.. Al'1 ouch
conferences shall be arranged tYirough the Steward o;f the
Association, or his/her designated representative, and a
des-gna,ted representative of the City Manager.
Repr-esentatives of the Association, not to exceed two (2),
shaT1 not suffer loss of :time or~pay when absent from their
normal schedule of work for tYie~ purpose. of attending" a
conference. Conferences may be attended: by representatives
of Petaluma Employees' Association. Benefit; plan review and
proper classification assignment will be appropriate
subjects for conferences.
2. It is understood that any. matters discussed, or any action
taken,pursuant to such conferences, shall in no way change
or alter any of the prow-s.ons of the Agreement.., or`.the
rights of either the City or the Association under th'e terms
of the Agreement.
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SECTION 11
WAGES
1. Wages s:Zali be paid in accordance with the wage schedule set forth
below.
2. The pay grade assigned to each existing classification and the pay
grade assigned to each ne~~u or changed classification shall remain in
effect during the term of this agreement unless the job content of a
classification is substantially changed.
A. EFFECTIVE JULY 4. 1994
CLASSIFICATION I II III IV V
Custodian $12.33 $12.95 $13.60 $14.28 $14.99
Electrical Maintenance Worker II 16.88 17.72 18.61 19.54 20.52
Electrical Maintenance Worker I 13.70 14.39 15.11 1.5.86 16.65
Equipment Maintenance Lead Worker 19.18 2-0.14 2.1.14 22.20 23.31
Equipment Mechanic 17.86 18.75 19.69 20.68 21.7:
Equipment Service Worker 14.16 14.87 15.61. 16.39 17.2'_
Facil=ties Maintenance Worker 16.49 17.31 18.18 19.09 20.0
.Maintenance Worker, III Docks/Bridges 15:.43 16.20 17.01 17.86 18.75
Parks Maintenance Foreworker 17.83 18.72 19.65 20.64 21.67
Parks Maintenance Lead Worker 16.57 17.40 18.27 19.18 20.1-.
Parks Mainte.*~ance Worker III 15.43 16.20 17.01 17.86 18.75
Parks Maintenance Worker II 14.70 15.44 16.21 17.02 17.87
Parks Maintenance Worker I 12.03 12.63 13.27 13.93 14.63
Street Maintenance Lead Worker 16.57 17.40 18.27 19.18 20.1
Streit Maintenance Worker III 15.43 16.20 17.01 17.86 18.75
Street Maintenance Worker II 14.70 15.44 16.21 17.02 17.87
Street Maintenance Worker I 12.03 12.63 13.27 13.93 14.63
Supervising Custodian 13.89 14.58 15.31 16.07 .16.88
Utility Service Lead Worker 16.57 17.40 18.27 19.18 20.1~~
Utility Service Worker III 15.43 16.20 17.01 17.86 18.75
Utility Service Worker II 14.70 15.44 16.21 .17.02 17.87
Utility Service Worker I 12.03 12.63 13.27 13.93 .14.63
Water 'Service Representative 15.47 1.6.24 17.06 17.91 1.8.80
Water 'Service Wbrker~ 15.54 16.31 17.13 17.99 18.89
Water System.Operator 16.12 16.92 17.77 18.66 19.5°
Water Utilities Technician ~ 16.15 16.95 17.80 18.69 19.63
SECTION 12
OVERTIME
1. OVERTIIrTE PREMIUM
All hours worked in excess of eight (8) in any one day or in
.excess o-f forty (40) in any work week shall be paid f.or at
the overtime rate which shall be one and one-half (1-1/2
.times the regular-straight time hourly rate of pay. overtime
shall not be pyramided or compounded.
2. REST PERIODS DURING OVERTIME WORK
Whenever practical, employees who for any reason work beyond
their regular quitting time into the next shift will be
af-f;orded a fifteen (15) minute :rest. period before starting
work on the next shift. In addition, they shall be granted
the .regular rest period unless an emergency situation occurs
or exists. ~ -
3. REQUIRED OVERTIME
If an employee is required to work more than .five
consecutive hours .without a meal period dur-ing a regular
work shift, the employee shall be paid at the rate of time
and one-half (1-1/2) for all time worked in excess of five
(5) hours until. such time as the employee receives a meal
period.
4. SCH=EDUCING OVERTIME
In general, overtime work shall.be voluntary, provided,
however, when at least twenty-four (24) hours-advance notice
of an overtime assignment. is given or when it is not.
practical to give advance notice, an employee will be
expected to work.
5. DISTRIBUTION
Overtime shall be distributed as equitably as-possible,
without favorit°ism, and in the. best interests of the City,
among the members of the department who are qualified to
perform and who have demonstrate the ability to perform
overtime services efficiently.
6. HOLIDAY OVERTIME
An employee required to work a paid holiday shall receive,-'
in addition to the eight hours holiday pay; .further
compensation at the overtime rate for the actual holiday
worked. .
SECTION 13
CAL- L BACK PAY
1. An employee who is called back to work after having
completed hisfhe regular shftand left the city premises
shall receive a minimum of two (2) hours..wgrk.or two (2)
hours pay,; at the overtime rate.- To the extent ari employee
is paid overtime premium pursuant to the overtime schedule
~~ ~~so. ~. ~:~ -.~ 1 s~ 5 N C S
under Section 12 (Overtime) listed above, he/she shall not be
paid overtime premium under the, call-back section for the
same time worked.This paragraph shall not apply to
employees who are called in early for a shift, i.e., when
they work continuously from the time they are called in
until their regular shift begins.
SECTION 14
STAND-BY PAY
1. STAND-BY DEFINED
Weekend stand-by; f.or the purposes o;f this Agreement, shall
mean time which a scheduled employee must be available on an
on-call basis outside the ,employee's normal work week in
order to be available to respond to emergency calls.
2. WEEKEND STAND-BY
Effective July 1, 1.988 a minimum compensation of $90.00 per
for each weekend of stand-by from 4:30 p.m., the last day of
the normal work week, to 8:00 a.m., the beginning of the
normal work week.
3. HOLIDAY STAND-BY
For a City designated, fixed=date holiday that falls in the
five (5) day work week, a minimum of $?5.00 pay will be paid
by the City to an employee on such holiday stand-by,
beginning at 4;30 p.m. or the end of regular work period and
continuing to 8,:00 a.m. of the next regular work day or
weekend.
4. CALL BACK WITHIN A WEEKEND/HOLIDAY .(STAND-BY)
A minimum of one hour at time and one-half shall be paid by
the City for every call or assignment required.
SECTION 15
RATES OF PAY ON PERMANENT TRANSFER TO A NEW CLASSIFICATION
1. When an employee is promoted, he/she. shall be paid the
hourly rate next higher to his/her own within the pay grade
for the classification to which he/she was promoted
2. When. an employee is transferred from one classification to
another- cl;assifieation in the same pay grade, his/her hourly
rate shall remain the same.
3. A permanent or probationary employee who is transferred to a
class with a lower salary without a break in .service will
receive the-.same rate of pay he/she received prior to the
transfer. Such salary shall not be increased until the time
that a higher salary of the class to which he/she was
transferred equals or exceeds his/her salary. Such transfer
may be departmental or inter-departmental, and may be made
by appointment from an employment list, temporary
appointment, reclassification of position,. or
reorganization of. department, and shal,l:be"in accord with
the personnel rules and regulations. The provision of this
rule .does not apply in. cases of d'isc;plnary demotion,
demotion in lieu of layoff, or voluntary demotion.
Effective July 1, 1987 when a person is nvoluntaray
assigned to a lower classification he/she shall receive the
lower rate of pay, effective the first day assigned to that
classification.
SECTION 15
TEMPORARY WORK 'OUT OF CLASSIFICATION
1. An employee holding a classified position may temporarily be
assigned the duties of 'another position in a higher
classification for a period not, to exceed ninety (90)
calendar days during any fiscal year.. The employee. shall
receive. either the next $igher step in the ;classification to
which he/she ds assigned or a 5o increase, whichever is
greater.
An employee assigned to a position at an .equal or lower
classification shall remain at the current rate of pay.
SECTION 17
PAYMENT. 'FOR 1'gISSED MEALS
1. The City shall pay.$6~.00 to an employee who is requested and
who does work two (2) hours beyond the emplo.yee~'s' normal
quitting time and has been prevented from eating a meal
after such quitting time.
SECTION 18
TERMINATION`PAY
1. VACATION PAYMENTS UPON TERMINATION
Upon termination, .voluntary resignation, or retirement after
one full year of continuous service with the City or more,
the .employee shall receive a lump sum payment f.or all
accumulated but unused vacation time.. Two weeks advance
notice in writing should be given to the City of the
termination date.
2. COMPENSATORY TIME.EAYMENTS UPON SEPARATION FROM CITY SERVICE
Employees separated from City service shall receive a lump
sum payment for all accumulated but unused compensatory time
granted ,in lieu of holidays and.. all other accumulated.
compensatory time.
3. RETIREMENT SICK LEAVE PAYOUT
In the event of death or retirement, an employee who has
completed tern (10) years or more with: the C=ity;shall receive
fifty percent (50%),,of his/her accumulated but unused ck
leave, not to exceed four hundred eighty (480 hours.
RESO..94° 16 SNCS
4. COMPUTATION OF SEVERANCE. 'ALLOWANCES
Compensation for vacation; sick leave and holidays as
described in this Article shall be computed at the
employee's hourly rate. on the effective date of termination.
.SECTION 19
RETIREMENT CONTRIBUTION
The percentage of each employee's PERS contribution previously
paid by the City prior to the adoption of this as the Employer
Payment of Member Contribution (.EPMC) shall instead be paid to
the employee who shall then pay that amount to PERS. For
purposes of withholding, the City shall defer that portion of the
employee's .contribution paid to PERS through Section 414(h)(2) of
the Internal Revenue Code pursuant to City of Petaluma Resolution
90-363. Therefore, for calculation of .base salary at retirement,
the employee shall now have an increased base salary that will
include the total amount of the employee's contribution to PERS
previously paid as EPMC. The employee's contribution will be
withheld from the employee's pay by the City, and the City will
make the employee's payment of the employee contribution directly
to PERS on behalf. of the employee. The employee may not make an
election to take this amount in salary and/or to make the payment
to PERS. The tax exemption does not apply to FICA/social
security. The following is an example of the application of IRC
414(h)(2) as applied to a miscellaneous employee..
An employee makes $.1,000 per month base salary. Under the prior
contract the employee was not responsible for paying 6% of the
required 7o employee .contribution. The City was responsible for
paying 6% ($60.00), which was a City responsibility that was in
addition to the $1,000 base salary.
Under the 414(h)(2) method, the EPMC will revert to salary and
the employee's base salary will now be $1,06:0. Of this 70
(approximately $74.00) will be paid to PERS from the $1,06,0. The
full 7o will be tax exempt and this means the employee will pay
taxes on $986.00.
SECTION 20
SMOKING CESSATION PLAN
The City agrees to provide any member of the Unit up to $50.00
for completion of a smoking cessation program, upon receipt of
the certificate of completion.
SECTION 21
WORK BOOTS
The City shall pay $100.00 per Fiscal, Year for safety work boots
upon receipt being provided to the Personnel Office. Each
employee covered by this section upon completion of his/her
initial probationary period will be credited the above amount and
may draw down through the submittal of .invoices to the City.
:SECT-ION 22 -
COMPEIdSATORY TIME PAYMENT
All accumulated compensation time as of September 30,`1995 and
each year thereafter, but for sixty hours, will be pa-id to the
employee by the City.
- SECTION 23 -
HEALTfi INSURANCE
1. ACTIVE -Employees
Effective September l;, 1994 the C y shall initate~the
Public Employees' Medical Health Care Act (PEMCHA~) f:or
members of Unit '2. The design-ated premium paid b.y the City
toward this program .shall be in the amount of $'10.0.00 per
month per employee.
2. RETIRED-Employees
An employee with twenty (20) years of service and who is age
5.0 or older and who r.eti-re_s on 'a service retirement during
the 'term of this agreement; will be eligible for $95;00 per
month beginning on the retirement date. The payment will
decrease in the amount of $.5 .0;0 per year to '$'0.0'0 after 20 .
year-s.f the retired employee continues in the PEMCHA plan
as a retiree. Should the retired employee not continue in
the P-EMCHA plan, he/she will be eligible for. the full
$100.0'0. It is the responsibility of the yeti-ree to notify
the City in writing that he/she is not being covered~by the
PEMCHA plan and the City will commence payment of the
$10!0.00 at the beginning of the month following the receipt
of written notice by the retiree. -
SECTION'24
LIFE INSURANCE
1. The City shall provide,for a group term life insurance
program. for City employees in this unit. The City shall
'p'ay, during the course of~the Memorandum of Understanding,
the insurance premium towards employee only coverage for
such insurance in the principle sum of $15,000 per employee.
SECTION .25
DENTAL INSURANCE
1. The City shall provide for a gr.o:up Delta Dental Insurance
Program :f or-City employee and .dependents in this unit.
Additionally, the City shall-contribute toward an
Orthodonture plan $1,000 per'ehi d at a 50% co-payment rate.
The City shall pay, during the period of ths.Memorandum.the
full premium toward the City group dental insurance°°coverage
program.
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SECTION 26
LONG-TERM DISABILITY
1. The City shall provide:~or a long-term disability plan. The
premium shall be paid for by the City.
SECTION 27
VISION INSURANCE
1: The City shall provide a Vision Plan for employees and
dependents. The premium shall be paid. for by the City.
SECTION 28
OTHER. HEALTH AND WELFARE " PAYMENTS
1. The City shall provide to the active members of Unit 2
additional monthly health and welfare payments equal the
PEMCHA, Kaiser North premium amounts less $100.00.
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SECT.-ION 29
VACATIONS
GENERAL
1. The Purpose of annual. Vacation leave is to enable each
eligible full-time employee annually to return to his/her
worn mentally refreshed. All employees in this unit shall
be entit-led to annual vacation with pay except the
'following:
a. Full-time employees who have served ,less than 12 months
in the service of the City; however, vacation credits
for the time shall ,be granted to each such employee who
later receives permanent employment..,
b. Employees who~work on a temporary basis and all part-
time 'emp'loyees as defined by Section 2 #4
(Definitions).
2. All permanent employees of this unit after serving at least
-one full. year are entitled to the equivalent of ten (10)
working days of vacation with `pay in the next succeeding
anniversary year of employment. All permanent employees of
the unit, after fiwe~(5) years of continuous service. with
the City :and commencing with the sixth year, hal~l~be
entitled to fifteen (`15), working days of vacat~ori with 'pay
p.er year. After 10 years. of service, one additional day of
vacation; shall be added for .each additional year of.
continuous service to a maximum of 20 days vacation', If an
employee wishes to take more than twenty (20) consecutive.
working days: of vacation, hejshe shall have the prior
approval of his/her department head and the City Manager:.
3. The time. during the calendar year which an employee°may take
his/her vacation shall be determined by the department head
with. due.. respect for the wishes o.f the employee and
particular regard for the needs of the ser--vice. If the.
requirements of the .servic'e' are such that an :employee cannot
take part or all of his/her annual vacation in a particular
calendar year, such.vaeaton shall be taken during the
following calendar year.
VACATIONS, - ACCRUAL
4. Except as provided above, an employee shall not accrue any
paid vacation time duririg any leave of absence without pay
or during any calendar month; in which he/she is absent
without pay for fifteen {15) or more working days.
5. .Raid vacation time accrues and is recorded at the end. of
_..
-each calendar month of employment.
6'. No employee shall accrue paid vacation time in excess of two
(2 )' years vacation leave. The City shall provide a print
~~~o ~ 4 ° ~: ~ 5 N ~ ~
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out of~the Association showing the vacation balances in
November and May of each Fiscal Year.
ELIGIBILITY
7. No employee shall be eligible for paid vacation time or
receive pay in lieu of ,vacation time before it accrues.
PAY IN LIEU OF VACATION TIME
8. An employee will receive pay in lieu o,f paid vacation time
(i.e., without taking actual time off from work) only under
the following circumstances:
a. Retirement; or
b. Resignation
c. Death, in which case an heir or heirs will be paid.
9. Pay in lieu. of vacation shall be at the employee's hourly
rate times the number of hours of accrued vacation time.
SCHEDULING OF PAID VACATION .TIME
10. Paid vacation time. shall be requested'in advance by
employees in accordance with procedures established by the
City, except that when. extraordinary circumstances occur
beyond the control of the employee:, the employee may be
permitted to reschedule his/her vacation at a time mutually
agreed upon.
11. The first
irregular
vacations
questions
be resole
final.
day off shall be considered as a Saturday for
shift employees for the .purpose of computing
and compensation for such employees. Any
relative to interpretation of this section shall
ad by the City Manager whose determination shall be
HOLIDAYS WITHIN VACATIONS
12.. In the event that one or more of the municipal holidays
observed on the specific day falls within an annual vacation
leave such ho day shall not be charged as vacation leave,
and the vacation leave shall be extended accordingly.
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SECTION 30
SICK LEAVE
ELIGIBILITY
1. .Sick leave with pay shall be granted to all Unit 2 employees
as set forth in this section. Sick leave is not a right which an
employee may use at his/her discretion, but rather, shall be used
only in case o;f personal illness.., disability or the serious
illness or injury of an employee's family member- which requires
the emp ogee's attention. The term family members sha~llnclude:
spouse,. children, parents, spo"use's parents, brothers., sisters or
other individuals whose relationship to the employee ,is that of a
dependent or near dependent, except, no sick leave shall be
payable for any njury~or absence which results or occurs as
follows:
1. Tntentonall`y self-inflicted;
2. Participating in any criminal act;
3. Partici,patinq in a-riot;
4. Working for an~employer other than the City.
Additional family sick leave shall be'in accordance with the
Family and Medical Leave Act.
2. .Neither shall any sick leave be payable(1) during. a vacation
except when hospitalized or equivalent conf.'inement, or (2)
during a layoff, lease of absence, or disciplinary layoff.
3. A1,1 hours of sick leave accrued and all hours of absence,.
whether or not paid, shall be recorded. To the. extent
necessary to implement this Section, such records may be
inspected by an individual employee and/or authorized
Association representative..
ACCRUAL
4. Sek;leave shall accrue to all full-time employees at the
rate of. one day for .each-month of continuous ser-vice. No
employee shall accumulate more sick-leave in any year than
provided.
5. Sick leave shall continue to accrue while ari employee is on
vacation, on sick leave, or on job-connected injury leave.
6. No employee .shall be: eligible for .sick leave before it
accrues.
7. Employees serving their probationary period, with the
approval of the City Manager;, may take up to one day sick
leave with pay for each"month worked. Employees hired on or
before the~l4th of the calendar month. shall be credited with
one. day of sick leave at the end of .:that month. Employees
R~5~.~4- ~:6 5NC~
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hired on or after the 15th of the calendar month shall not
be credited with any sick leave for that calendar month.
MINIMUM SICK LEAVE CHARGEABLE
8. For the purpose of charging sick leave, the minimum sick
leave chargeable will be one working hour.
SICK LEAVE, GENERAL
9. On taking sick leave time, the employee must notify his/her
department head either prior to, or within thirty minutes
after the time set~for beginning his/her daily duties. If
an employee's duties begin before the switchboard is in
operation, he/she must notify the department not later than
8:30 a.m
10: Sick 1'eave shall not be considered as a right which an
employee may use at his/her discretion, but a privilege
which shall be allowed only in case of necessity and actual
sickness or disability.
11. When an employee is absent for more than three (3)
consecutive days, the City Manager or ..Personnel Officer may
require a doctor's certificate for such sick leave absence.
Upon review of an employee's Sick Leave Record, and where
there appears to be a pattern of abuse, the Supervisor shall
notify the employee and the Association Representative in
order to discuss the sick leave usage. The Supervisor will
have the option to immediately require a Doctor's
Certificate for any future absences. This would constitute
a Verbal Warning. If the abuse stil`1 continues, the
Supervisor may initiate a suspension and/or dismissal action
through the procedure outlined in the Personnel Rules and
Regulations.
12. If an employee has not recovered by the time he/she has
exhausted his/her accumulated sick leave, the City Manager.,
upon .receipt of such request in writing, may grant. him/her
leave of absence not to exceed the time limitations of
Section 33..
13. Upon the expiration of a leave of absence quoted under
Section 33, the, employee shall be returned to the same class
or position or to any position to which he/she had been
eligible to transfer at the time his/her leave of absence
was granted, provided he/she furnishes medical certification
of ability to perform the position for which he/she is
eligible.
14. The City Manager may revoke pay and ,sick leave time if the
employee is not in fact sick, or if he/she has engaged in
private or other public work while on such .leave. Abuse of
sick leave as stated above is sufficient grounds for
dismissal.
15. No penalties shall .be imposed on employees for taking
justifiable sick leave to which the employee is eligible.
SECTION 31
BEREAVEMENT LEAVES
1. In the.. event of tYie death of an employee's spouse, mother,
grandparent, step-mother, mother.-in-law, father,;step-
father, father-in-law, brother, sister;. brother-in-law,
sister-in-law, or child., :including an adopted child, an
employee who attends the funeral shall be granted time off
work with pay. The amount of time off work with pay. hall
be only that ,which is r-equred to attend the funeral and
.make necessary funeral arrangements, but in no event shall.
it exceed three (3J working days. These three (3) days
.shall not be chargeable to sick ,leave. An additional two
(2`) days required for necessary funeral arrangements 'may be
charged to the employee's sick heave, any additional time
beyond these two days. may be charged to accumulated
compensatory, time or leave wit-bout pay.
SECTION 32
HOLIDAYS
1. Authoriaed, City observed, paid holidays:
A. The City will designate eleven (11) paid, fixed-date
holidays for employees i_n this unit. Such holidays
sha-11 be established for the City's fiscal year as
determined by the City Council Resoaution.
B.~ During the .fiscal year of the Memorandum of
Understanding,. for those employees hired on or before
July 1 of that Fiscal Year of the MOU;,'the City will
authorize one (1) "Float'ing Holiday" per .employee,
which may be taken by the employee during the Fiscal
Year at a time selected by the emgloyee,.subject to
operational requirements and approva-l as determined by `
the City.
2.. The holiday shall be a consecutive twenty-four (24) hour
period, starting with the employee's starting time on the
calendar day on which the holiday is observed.
3. Each full-time employee, other'-than an employee on 'layoff or
on, any leave of absence,. shall, receive eight (8):hours pay
at his/her hour y rate for the holiday, provided the
employee meets the fo.l owing eligibility re'qui`rements:.
~E~O.94 v 1.6 S~C~
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4. He works his/her last scheduled work day prior to and
his/her first scheduled work day following the holiday,
unless failure to work on. either or'both such days is
excused because of (1) personal s~ckriess or injury, or (2)
other extraordinary circumstances beyond the control of the
employee proven to the s"atisfaction of the City Manager
which cannot be corrected in time for him/her to meet
his/her employment. :obligation.
5. Observance by an employee of a designated religious event
may be granted, if practical, with at least sever (7) days
prior approval required for such leave, under the following
methods:
1. Time charged to accrued vacation allowance; or
2 Time off without pay.
.SECTION 33
INDUSTRIAL INJURY LEAVE
WORKERS' COMPENSATION
1. Benefits shall be payable in situations where employee
absence is due to industrial injury as provided in
California State Workers' Compensation Law. The amount of
disability payments paid to the injured employee shall be
deducted from salary payable to the employee while on sick
leave. During the first ten (10) calendar days of absence
for industrial disability, the City will 'pay employees an
amount which when added to their Workers' Compensation
benefit will equal their regular salary rate. This
supplemental amount shall not be deducted from the
employee's sick leave benefit. In the case of absences
beyond ten (10) working days, the employee shall be entitled
to supplement the temporary disability payment with the use
of sick leave for a period of up to six (6) months or until
such sick leave is exhausted or the employee is determined
to be permanent and stationary (See Section 26 - Long .Term
Disability). The. City shall pay the regular salary, based
on the combination of ,the Temporary Disability benefit plus
sick leave. The injured employee may choose to receive
workers' compensation payments only, without City payment
for salary at no loss of sick leave. Sick leave for.
industrial injury shall not be allowed for a disability
resulting from sickness, self-inflicted injury or willful
misconduct.
DETERMINATION OF INDUSTRIAL DISABILITY LEAVE
2. Except as otherwise limited by this Section, the amount of
industrial disability income available to an eligible
employee shall be determined by multiplying the number of
hours, not to exceed eight in a calendar day nor forty in a
calendar week, of time lost from work because of the
~e 5 -J~s
disability, times-the employee's hourly rate a"t the time the
injury occurs.
NOTICE AND PROOF OF INDUSTRIAL DISABILITY
3. No industrial disability leave shall be permitted unless the
employee's superintendent is notified of the nature of the
disability and the probable duration thereof as soon as
possible, but in no event later than the conclusion of the
current: work day, except when -the failure to notify is due
to circumstances beyond the control of the employee. The
injured employee must complete a notice of injury form
within. the time limits stated.
4. In alT cases on returning to work an employee. claiming,, or
.having received, industrial disability leave must certify on
a form provided by the City as follows:
1. The nature of: the industrial disability which prevented
him/her from working, including time, dates, and
circumstances, and whether or not under the care of the
City's physician.
2. The amount of time lost from work in hours because of
the disability.
3. The name of the individual to whom notification of the
accident was given or the reason notice was not given..
4. A release from an approved State Comp physician stating
that the employee has recovered and is capable of
returning to work..
5. In the event-that facts and circumstances ind-irate that
the employee may not be' eligible for industrial
disability leave as claimed, evidence of,.ndustrial
disability may be requested such as.a physician's
statement of the industrial disability.
6. Arbitrary failure or refusal to follow accepted medical
practice in treating a disability shall be reason for
discontinuing or withholding .industrial disability
income.
SECTION 34
LEAVES OF ABSENCE WITHOUT PAY
METHOD OF REQUESTING LEAVES OF ABSENCE
1. An employee who desires a leave of absence from work, without
pay shall .file a written. request with the Department. Head on
forms provided by the Personnel Department, stating the
title of hisjher po'stiori, the beg.inning"and ending dates of
the requested leave and~a full statement of.the reasons for
~tE~~. 9 4~~~ ~~ N C S
such request. The Department Head may grant or deny such
leave for a period not to exceed three work days. Request
for additional leave mu_s_t be submitted in the same manner to
the City Manager.
GENERAL CONDITIONS
2. During a leave of absence, an employee will not accrue
vacation nor be eligible for any payments for time off work
as provided by this agreement.
3. Subject to and consistent with the Group Health and Life
Insurance Plan, coverage may be continued during a leave of
absence without pay provided direct payment of the total
premium is made by the employee in a manner prescribed by
the City.
4. During a leave of absence, both the City's and the
employee's contributions to the Employees' Retirement Plan
are discontinued. and benefits do not accrue, nor can they be
withdrawn, nor are they forfeited.
PERSONAL LEAVE
5. An employee for personal reasons may be granted a leave of
absence without pay by the City for a period not to exceed
three (3) months. -The leave may be extended for additional
periods, but in no case shall a .leave and extensions exceed
six (6) months. A heave for personal reasons as herein
provided may not be used to extend or compound a.leave of
absence granted under any other provision of this agreement.
MEDICAL LEAVE
6. An employee who (1) is unable to work because of non-
industrial personal sickness or injury, or (2) has exhausted
sick leave and vacation payments, may be granted a leave of
absence without pay upon request in writing and the
furnishing of satisfactory evidence of sickness or
disability. The evidence of-disability may- be furnished by
any person having direct knowledge of the sickness or
dis'abi_lty. The leave of absence available pursuant to this
paragraph contemplates a short term leave which is agreed to
be a period of one calendar month or less.
7. For continuing disability, extended leave of absence without
pay may be granted for a period up to six (6) months unless
further•exterided by the City. In no event will an extended
leave of absence without pay exceed one (1) year. The
amount•of extended leave of absence granted pursuant to this
paragraph shall be dependent upon the employee's furnishing
satisfactory proof of disability, a showing of receiving
continuing and appropriate medical treatment, and the
furnishing of a physician's opinion that leave of absence is
warranted for medical reason and that his/her prognosis is
that the employee will be physically f.t to perform his/her
duties at-the end of the requested leave. of absence. In the
event. the employee's physician's prognosis and report is
equivocal,, the City may request its physician to submit
his/her independent report.
8. In order to be eligible to return to active employment,, the
employee returning from a medical leave of absence must
provide,, at least fourteen '(14) calendar days prior-- to the
end o,f leave, a statement from the employee's physician
releasng~the employee to return to work.. If 'the employee
cannot return to his/her £ormer position, he/she will be
placed in .an eligible category for a classification for
which he/she has the ability to perform the work.
9. The City, at its option and without cost to the employee,
may require that a pfiysician or physicians of its choosing
examine the employee before returning him/her. to active
employment...
SECTION 35
ANNUAL MILITARY DUTY
1. An employee may be absent on military leave as authorized in
Section 395 through 395'.8 of the Military and Veterans Code
of California. The employee shall furnish to~the City
Manager 'satisfactory proof of his/her order-s to report for
duty and of his/her actual service pursuant to such orders:.
Employees with less than one ("1) year City service shall
take such leave without compensation from the City or as
provided. in the Military and Veterans Code. Armed Forces
reserve or .national guard base pay shall be offset against
such pay.
2. If an_employee receives vacation pay during a period of
training or service, he/she steal-l not be eligible for the
military leave provided by this article for 'that period of
time for which he/she. receives vacation pay.
SECTION-35
ALLOWABLE COMPENSATION WHILE ON DUTY AS JUROR
1. Every classified employee who serves as a trial juror br is
compelled to appear on behalf of the City under service of
process, hall be entitled to be absent-from the employee's
duties. with the City during the period of, such service or
while necessarily being present in court as a resul.t.of such
call. The employee shall be paid the dif•f:erence between the
employee:'s full salary and any payment received bylthe.
employee, excepting travel pay, for such duty: However,
such time steal-l, not be considered as time worked for
purposes of Section,l2.
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;SECTION 37
MEALS AND'~REST PERIODS
1. All employees shall be granted a meal period of thirty (30)
minutes during each scheduled work shift; except for
employees who work other than the regular day shift. The
designated thirty {30) minute meal period shall be without
pay.
2. There shall be granted a rest period at the time, place and
manner that does not. interfere with the efficient operation
of the Department,,, Such rest period shall be with pay and
shall not exceed.fi'fteen (15) minutes for each four (4)
hours of work. The rest period i 'mended to be a recess
to be preceded and followed by an ex"tended work period..
Consequently, it may not be used to~cover an employee's late
arrival to work or early departure, to extend the meal
period, nor may it be regarded as cumulative if not taken.
SECTION 38
COMPENSATORY TIME OFF
1. Employees may receive, in lieu of being paid for overtime,
compensatory time off.
No employee may earn more than two hundred forty (240) hours
of Compensatory Time Off per fiscal .year. In addition, no
employee may retain on the books more than two hundred forty
hours of unused Compensatory Time at any given point during
the fiscal year.. Amounts submitted. in excess of these
limits shall be paid at time and one.-half. The employee may
take Compensatory Time Off up to maximum of five (5) days at
a time selected by the employee, subject to the operational
requirements of the City and with approval determined by the
City.
R~~Q6 9-4 ® 1 ~6~'5 N C ~.
SECTION 39
NEW OR CHANGED CLASSIFICATIONS
In the event a new classification is established, the City
shah assign it to a pay grade based upon. the,°work to be
performed after comparison with other classifications.
2. The City shall provide the Association with a written
classification descripti~ort of the new or changed
classification which shall describe the content sufficiently
to identify the cla~ssif ication.
3. Upon receipt of the"City's description, the Chief-Steward of
the Association, or~hs designated representative.; shall be
afforded an opportunity to discus's the new or changed
classification and assignment to-the pay grade with the City
Manager or his representative. If the Association does not
re-quest a meeting within five (5) calendar days of~the
'-receipt of the City's recommendation, it shall be deemed to
be approved by the Association.
SECTION' 40
SENIORITY
1. In the event of any reduction in the work force, the .City
will apply the principle of sen°iority, merit and ability
being equal, and the 1"ast employee hired shall be the first
laid off. In rehiring, the"last person la°id off shall be
_.
the'frst rehir-ed. A complaint regarding compliance with
'th'is section shall b'e a subject for grievance. In rehiring
former employees laid off-under this Article; the City shall
offer.re-employment-in th'e order of seniority to such former
employees who at the time of layoff were ,perf;ormng services
essentially the same"as required for the vacarrey, provided
that the period of'.layoff has not exceeded one (`T),year."
2. In shift assignments, the City will give consideration to
the preference of emp ogees and to seniority; provided,
however., tYiat final 'r.esponsibility and. authority "in job.
assignments, the determ nation of qualifications, •and the
method of determining the gualifcations for any j,ob, shall
remain vested in th'e City.
LOSS OF SENIORITY
3. Seniority shall be :terminated by:
a. Resignation
b." Discharge for cause
c. Retirement
d. Failure to return to work from
calendar days after notice to
registered' main or by telegram
layoff within seven (7)
return `by certif°ied or
addressed to the
~~~~:o; g`~~§ ° 1, ~?,;.~ Nth
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employee at his%her last known address on file with the
City Personnel Office.
e. Absence from work for three ('3') consecutive working
days without notifying the City, except when the
failure to notify and work is due to circumstances
beyond control of the employee. After such unexcused
absence, the City shall send written notice to the
employee at his/her last known .address that he/she has
lost his/her seniority, and his/her employment has been
terminated.
SENIORITY LIST
4. The City shall prepare and maintain a seniority list which
shall show the names,. classification title, department, and
seniority date of all employees. The ,.Association (Petaluma
Employees' Association)-shall be given two copies of the
list within thirty (30) calendar days after the date of this
Agreement, and thereafter a current list every six months.
5. A seniority list,:including the same information, shall be
maintained for each department. This list shall be
available for inspection by the employee or his/her steward.
6. These lists shall be deemed correct .as to an employee's
seniority date unless the employee, or the steward for the
employee, notifies the City to the contrary in writing
within five (5) days after a list is given to the
Association.
SECTION 41
PROMOTIONS
1. Except for those positions not requiring written
examinations, promotions in the City service shall be based
on a competitive examination and records of efficiency,
character, conduct or other generally accepted
qualifications deemed necessary or reliable in obtaining a
passing grade. The City will give significant consideration
to the performance of the ,employees, seniority, physical
fitness, and ability to perform the-work. Lists shall be
created and promotion made therefrom in the same manner as
prescribed for original appointments.
2. whenever practical, vacancies shall be filled by promotion.
The rules covering promotional examination shall be the same
as those governing original entrance examinations.
NOTICE OF EXAMINATIONS
3. Notice of examinations shall be printed and shall be posted
on the official bulletin boards of the City and may be
advertised by any other means chosen by the Personnel
Officer. Public notice shall be posted at least five (5)
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days prior to the final filing date, and shall contain the
.following information.
a. The title and rate. of pay for the position to be
f'11ed;
b. Some typical duties to be performed;
c. Minimum qua ifcations required;
d. The method of securing', application forms a_nd the final
filing date on which applications will be accepted;
e. The relative weights assigned to the various parts of
the examination;
f. The minimum passing score.
4. In addition to the posting ..and any other advertising that
takes: place for a position as outlined in the .'above
paragraph, a copy of the notice-will be sent to the
Association for 'tho e positions in the work unit which they
represent.
5. Employees who have successfully passed an examination for a
'higher' position, and have been certified f'or the higher
p qualify for positions with
ositi:on will be deemed to
lesser :qualifications and may be certified to a lesser
position, provided no lists exist for the lesser positions.
6. In the event that an applicant accepts. a lower classified
position, he/she w l be allowed to remain~on the
el,igibi ity list for higher classification until the. list is
abolished.
SECTION',42
TEMPORARY APPOINTMENTS
1.. It shall be the .policy of the emp oyer to avoid tempor,ary~
appointments whenever'pos"sible, unless failure to do so will
seriously hamper the success. of -the City program.. Under
such circumstances and' when sufficient time may not be taken
to fill a permanent ,position through the normal procedure, a
temporary appointment may 'be made. Employees receiving
temporary appointments shall be~~'required to_qualify.by the
normal. selection procedures to become a probationary
employee in that class within sixty (60) days.
2. During any period in which employees are being,considered
for promotion-and during any posting period, it shall .be the
po icy of the. employer to avoid, temporary employment to such
positions, unless the failure `to make appointments o such
positions would seriously hamper the access of the City
program.. 'Under such-circumstances and when"sufficient. time
may not be taken to fill a permanent position through the
normal procedure,~a temporary appointment may be made..
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SECTION 43
TRANSFERS BETWEEN SECTIONS
SHIFT CHANGES WITHIN A WORK SECTION
1. The City Manager may authorize a change for an employee from
one position to another in the same or comparable class of
work where the same general type of qualifications are
required for entrance to such a position.
TRANSFERS
2. When an employee within his/her own classification and work
section wishes to change from one shift to another shift,
he/she shall file a request for transfer identifying the
shift he/she is in and the one he/she chooses to transfer to
and file it with the Personnel Officer.
3. Request for transfer from one department or
another department or work section having a
jurisdiction or different function shall be
Personnel Officer and shall be done only wi~
both department heads involved, unless such
ordered by the City Manager for purposes of
efficiency.
work section to
different
filed with the
th the consent of
a transfer is
economy or
4. Any person transferred to a different. position shall possess
the minimum qualifications for that position.
5. An employee who has been transferred pursuant to his/her
request or who has been promoted and ..not returned to his/her
former classification, need not be considered by the City
for a subsequent transfer or promotion during the six month
period following his/her transfer or promotion..
6. If the employee. has filed more than one request for
transfer, only the most recent of his/her requests will be
considered by the City for making a transfer. Such
transfers will be considered only if the employee possesses
the minimum qualifications for the position.
SECTION 44
PROBATIONARY EMPLOYEES
1. An employee is a probationary employee for his/her first six
months of employment in any classification. In the event of
a promotion of a permanent employee to a higher
classification, the six month probationary period in the
higher classification will be reduced by one day for each
two days the employee had worked in temporary assignments in
that higher classification. Periods of absence exceeding
five (5) working days shall not be counted toward completion
of the probationary period.
2. No ,matter concerning the discipline, lay off or termination
of a probationary employee shall be sibject to the ,grievance
procedure.
3. An employee who has been promoted but does not successfully
,pass his/her promotional probationary period of s-ix (6)
months, shall be reinstated to the position which he/she
.held prior to the promotion.
4. Upon an employee request within a one (1) month period
following 'a, promotion, Yie/she shall be returned to a regular
job; opening in the classification from which he/she was
promoted, a_t the.pay rate from which he/she was promoted ,
but in no event shall he/she :be held in the promotional
posit;ion over one (1) month following his/.her request for
reinstatement to the-lower position. Upon reinstatement to
the former position, the. employee's name will be removed
from the promotional eligibility list.
SECTION 45
LAYOFF'AND RECALL PROCEDURES
LAYOFF PROCEDURE
1. When employees are to be laid off, the following shall be
the order of layoff
a. Temporary employees in the affected classification
shall be removed first.
b. Probationary employees i~n an affected classifications
shall be removed next.
c. The employee with the least seniority in an of€ec€ed
classification or department shall be removed'provi.ded
that the .City Manager. .may do otherwise in order to
maintan.a balanced department or work unit and to
maintain. employees in the classification or_department
who have the ability. to per.f.orm the work available.
RECALL PROCEDURE
2. An employee who has been laid off. or transferred as a result
of a reduction on the. work force shall be recalled to work
in. reverse. order in which the employee was laid off or
transferred, conditioned upon the employee's ability to
perform the work available and that the period of such
.layoff or transfer has not exceeded one. (1) year...
3. When employees are returned .to worK after 1ayo.ff,-employees
shall be recalled in reverse order to which the employees
were laid off.. The employer shall send; by registered mail
to the emp,loyee's last kriown~address notification that the
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employee is being recalled. .The employee shall return to
work within seven (7) days of th'e date of mailing. Failure
to return after notice~shal.l be grounds for discharge and
total loss of seniority.
SECTION 46
RETIREMENT PLAN
1. During the term of this agreement, the City shall continue
membership as an agency under contract with the State of
California Public Employees' Retirement System in accordance
with and subject to the provisions of the State Employee
Retirement Law.
2. Each pay period,. all permanent and probationary employees
shall have deducted from their earnings a retirement
contribution at a percentage rate established by the
Retirement Law.
3. The City will modify its contract with PERS to implement the
following options:
a. Sick leave credit.
b. Last year compensation.
SECTION 47
DISCIPLINE
1. The City should not discharge or take other disciplinary
action without. just cause. If the City has reason to
reprimand an employee, it should be done in a manner that
will not embarrass the employee.
There are two types of corrective or disciplinary action:
informal and formal.
Informal Action:- There are three types of informal
corrective action-: an oral reprimand, written reprimand, and
if necessar-y, a corrective interview. Where a rule, order.,
standard of conduct or performance requirement has been
violated, an oral or written reprimand may be appropriate.
The supervisor should make it clear that the conduct is
unacceptable and repetition is inappropriate. If necessary,
warning should be given that stronger informal action will
be taken in the future. Where oral or written reprimands
have failed to correct a pattern of unacceptable behavior a
corrective interview may be' appropriate. In unacceptable
behavior, a corrective interview may be appropriate. In a
corrective interview, the supervisor confers privately with
the employee regarding the employees' performance and/or
conduct, and together they develop a plan, including target
dates,. for correction of unacceptable job performance. This
"plan" shall be in writing and signed by both the employee
and supervisor. Together, these two informal types of
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action are both preventive and corrective measures, intended
to correct a problem. situation without ~recourse'to the
severity - and greater complexity - of formal action.
Formal Action: If the informal corrective measures,
including written reprimand, do not result in adherence to
job performance requirements, formal action may .:become
necessary. .Formal actions ar.e usually 'taken only after a
serious infraction of the rules, or after repetitions of
lesser infractions where the informal process has been
unsuccessful. Formal acfion alternatives include:
(1) Suspension without pay for not more than 240. hours;
(2) Reduction in salary;
(3) Demotion to a lower job class; ~
{4) Dismissal.
3. REIMBURSEMENT FOR LOSS OF BENEFITS
In the event an employee is disciplined or discharged: and an
appeal is• made as provided in the Rules. of Appeal of the
Personnel Board~in the Rules and Regulations of the City of
Petaluma, and such appeal results in a decision favorable to
the employee, he/she shall_be reimbursed for loss of -pay or
fringe benefits, as recommended ;by the Personnel Board.
SECT-ION 48
GRIEVANCE PROCEDURE
PURPOSE
1. The grievance procedure shall be used to process and resolve
grievances arising out of the interpretation,, application or
enforcement of the express terms of this agreement. It is
the purpose of this procedure to resolve grievances at the
lowest possible level and to provide for an orderly
procedure for reviewing and resolving grievances promptly.
2. An attempt hall be made to ascertain all facts and adjust
all grievances on an informal basis betwe.e;n,.the employee
and., if he/she desires, hies/Pier designated representative
.and a supervisor in the employee's chain of command up to
and including hiss/her division head.. Presentation of ,this
grievance shall b'e made within ten (10) working days of the.
incident causing the grievance.
3. If the grievance is .not adjusted to the satisf.action.of the
employee involved within five (5) work-ing days after the
presentation~of the grievance, the grievance sh`a11 be
submitted in wr,,iting by the employee and/gr h_s/her
designated representative to tfie Department Head with a copy
thereof to the. Per-sonnet Off ice within the'-next ten (10)
working days. In eery case the grievance.~must be signed by
the employee. The Department Head shall meet with the
employee and/or.. his/her designated representative withn
five (5) working days of the r.eceipt.of the written
e
grievance and shall deliver his-/her answer to the employee
within five (5) working days after the meeting in writing.
4. If the grievance is not adjusted then, the Personnel Officer
shall meet with the emp°lo:yee and/or his/her designated
representative within five (5) working days of the receipt
of the written grievance and shall deliver his/her answer to
the employee within five (5) working days after the meeting
in writing.
5. If the grievance is .still not adjusted, or if the parties
fail to agree on the adjustment of the grievance, a request
may be made in writing by either party to the Personnel
Board to settle the grievance. Such request must be made
five (5) working days after the Department Head's or the
Personnel. Officer's response is given to the grievance.
6. The Personnel Board's decision shall be submitted to the
City Manager for determination. The board shall not have
the power to add to, delete, or alter any provision of this
agreement, but shall limit its decision to the scope,
application and. interpretation of this agreement.
7. At any step in the grievance procedure, the employee may at
his/her election be permitted to have a Shop Steward or
other Association representative present to assist him/her
in the presentation of his/her grievance. The Association
may designate the Shop Steward and shall notify the
Department Head and the City Manager of the appointment.
Should an employee elect to present a grievance in person
and without participation of any Association Officer or Shop
Steward, this is expressly allowed. No grievance appeal
shall be considered. at any level unless filed in the appeal
periods provided in this article.
SECTION 49
.EMPLOYEE JOB TRAINING
1. Any training required by the City will be subject to the
Fair Labor Standards Aet. Books and tuition will be paid
for by the employee.
SECTION 50
SAFETY COMMITTEE
Effective July 1, 1991., a Labor/Management Safety and Health
Committee shall be established within Unit 2. This Committee
shall consist of one member~of the Association under the. Public
Works Director and one member of the Association under the Parks
and Recreation Director and two members of Management. The
duties of the Labor/Management Safety Committee shall be as
outlined in the City of Petaluma's Injury and Illness Prevention
Program. The Committee shall meet quarterly.
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SECTION 5].
BONUS HOLIDAY
The City of Petaluma and the Petaluma.Employees' Association
agree that for the term of this Memorandum of Understanding an
employee who does not use any-sick leave during the period
between July, and June 30, will be~awarded one (1) bonus holiday
during the following Fiscal Year.
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This document. represents the f'na~l.and complete Agreement
resulting from the 1994/199'5~Meet.and Confer sessions with the
City of Petaluma Employees' Association, Unit 2.
Representatives of the City and Unit 2 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. 2, who. have the approval of
their members, agree to recommend for acceptance and approval to
the City Council of the City of Petaluma.
The parties affix their signatures as constituting mutual
acceptance and recommendation of this Memorandum of Understanding
to become effective July 1, 1994, upon acceptance and approval of
the City Council,.
CITY OF PETALUMA EMPLOYEES' ASSOCIATION
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CITY OF PETALUMA
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