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HomeMy WebLinkAboutResolution 93-09 01/04/1993,` .: .~•-: ,~~''` ~~S®Il.ltl®C1 NO. 93-09 N.C.~. of the City of Petaluma, California 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 Petaluma Peace Officers' 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 employment for the employees in Unit 6, in accordance with 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 Petaluma Peace Officers' 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. 5375 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 January 1, 1993 through June 30, 1993. 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) (~~j ~t)CC~ meeting fO~ on the ....-.4tkl..-.-....... day of .................~anuar..y........................-., 1x..9.3., by the- , ~ following vote: •--•..---•..-~ --=--.. .y_...-•--- Cit Attorne AYES: Nelson, Barlas, Shea, Hamilton, Vice Mayor Sobel, Mayor Hilligoss NOES: None ABSENT: Read ................ ....... . . ..... ATTEST : ....................... ......................_... ........................ y Clerk Mayor . Chun«1 File .................................... CA 10-85 Res. No.........9.t~3.-.V.9....... N.C.S. ,. - :.. ly[ENORANDU]NT OF UidDERSTANDING BET6dEEN TAE CITY OF PETALUI~IA AND PEACE OFFICERS° ASSOCIATION OF PETALiJP~fA FISCAL YEAR 1992-1993 ~eso 93 - ~ R nfC 5 y TABLE OF CONTENTS PREAMBLE • GENERAL Section 1. Term of Agreement Section 2. Severability Section 3. Workweek COMPENSATION Section 4. Salary Section 5. PERS Paid Member Employer's Contribution & Conversion 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. Holiday PAY Section 17. Sick Leave Payment at Retirement Section 18. Investigation Standby, Section 19. Deferred Compensation Section 20. Employee Retiree Benefit INSURANCE Section 21. Section 22. Section 23. Section 24. Section 25. Section 26. Health Insurance Dental Insurance Life Insurance 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 35. Grievance Procedure Section 36 Safety Committee Section 37. Americans With Disabilities Act ~es~. R~ ~0~7 JCS ~ 3 PREAMBLE This .document represents the final and complete agreement resulting from Meet and Confer sessions between the City of Petaluma and the Peace Officers' Association of Petaluma, ,Unit. 6 . Representatives of the City and Unit 6 acknowledge that they have fulfilled their mutual and respective obligations to Meet and Confer under the Meyers-Milias-Brown Act. As a result, the parties have come to a mutual understanding which the representatives of the City and Unit 6 , who have the approval of their' members, agree to recommend for acceptance and approval of the City Council of the City of Petaluma. The parties affix their signatures as constituting mutual acceptance and recommendation of this Memorandum of Understanding to .commence the day following approval by the City Council. ~e~ . q.3 - Oq nles ~ 4 GENERAL Section 1. Term of Agreement This Memorandum of Understanding shall commence January 1, 1993, and shall continue through June 30, 1993. Section 2. Severability The parties will commence meeting and conferring for 1993-94 fiscal year, not later than the end of -April 1993 and will endeavor to reach an agreement, in a written Memorandum of Understanding for submission to the City Council for its determination., prior to the adoption by the City of its Final Budget for the subsequent Fiscal Year. Section 3. T~lorkweek (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-four (24) hours days, pursuant to Section 7(k) of the Fair Labor Standards Act. (B). FLSA Work Periods. The City has previously designated the relevant "work period" under-the Fair Labor Standards Act as a twenty-eight (28) day cycle for the classifications of Police Officer, Police Sergeant, Police Sergeant Investigator, and Police Officer Investigator. For all other classifications in the bargaining unit, the "work period" shall consist of a seven (7) day cycle. The City res°erves the right to determine and administer all requirements., practices, and procedures related to, for example, scheduling, rescheduling, shifts, watches, assignments, holidays and other matters directly related thereto. (C) Shift Bidding. The past practice of sign-up by seniority for shifts and days-off shall continue without change. (D) 4x10 Shifts for Patrol. Police Officers and Sergeants assigned to patrol functions shall continue existing four (4) ten (10) hour work day during the term of this Agreement. ~e~0. Q~ a9 WIGS ~" 5 {E) 4x10 Shifts for Dispatch.. Public Safety Dispatchers shall continue the presently existing four (4) ten (10) hour work day, unless Dispatcher staffing falls to eight (8) or fewer independently functioning Dispatchers. Section 4. Salarv (A) The base hourly rates for each of the classifications included in representational Unit b are as follows: Pol Invt/Sgt 20.21 21.22 22.28 23.30 24.56 Police Sgt 20.21 21.22 22.28 23.39 24.56 Police Invt 16.92 17.77 18.65 19.59 20.57 Police Officer 1.6..92 17.77 18.65 19.59 20.57 Dispatcher 13.92 14.61 15.34 16.11 16.91 PEO 12.15 12.75 13.39 14.06 14.76 CSO 12.15 12.75 13.39 14.06 14.76 Evd Tech 12.15 12.75 13.39 14.06 14.76 PO Trainee 14.76 Section 5. PERS Paced Member Employer's Contribution and Conversion A. The City agrees to pay the following amount of the employee contribution to the PERS Retirement System to be contributed to.the employee's account. Sworn Officers 9% Non sworn 70 Dispatcher-Clerks 7~ B. Service Retirement it is understood that sworn employees who are, or will, retire with a service retirement, shall be allowed to make a one-time irrevocable conversion of the City's contribution of the Employee's contribution of PERS being made on their behalf, to base salary on an hourly rate equivalent. Employees who wish to exercise this one-time, irrevocable conversion, must meet the following requirements. 1. SERVICE RETIREMENT: Minimum forty-nine (49)~ years of age, and will be retiring no later than one (1) year from date of conversion. ~e,5d , ~ ~ - oq' N C S 6 Employees who have converted and do not retire on the date specified to the City at the. time of conversion, shall owe back to the City any increased costs incurred for salaries, overtime,. all special pays, and City contributions to PERS. Such costs shall, be deducted .from the employee's pay in the pay periods following notification of withdrawal. The costs owed to the City will be from the time of conversion to the actual date of retirement. Section 6. Overtime The City shall compensate each employee. governed by this memorandum at the rate of time and one-half at the current regular hourly rate of pay for approved overtime. (Off duty training time conducted "in-house" shall be compensated as overtime.) Overtime of fifteen minutes shall be paid to the nearest quarter hour. Section 7. Call Back An employee who is called back to work, excluding court time call-back, after having completed the employee's regular shift and having left the City premises, shall receive a minimum of two (2) hours of work or two (2) hours of pay, at the overtime rate of time and one-half at the current regular hourly rate of pay. Section 8.. Compensatory. Time. Off 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. Sworn and non sworn employees may receive, in lieu of being paid for overtime, compensatory time off at a mutually agreeable time between the City and the employee. Such compensatory time off may be accrued up to a maximum of 240 hours at any one time. Any time beyond the 240 hours shall be paid at the overtime, rate of one and one-half time (1- 1/2). Compensatory time shall not accrue when an employee is assigned to work for any other employee who is taking compensatory time off. 'Rego ~ 3 - o q ~~ ~O 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 own time; additionally, time and one-half (1-1j2) shall be compensated for all hours actually worked in court beyond such four (4) hours. B. Each officer subpoenaed to appear in court on his/her own time shall be required to check with the designated police department representative the evening before the officer is scheduled to appear to determine whether the court appearance has been cance~,led. If an officer's Court appearance is cancelled less than 12 hours before the scheduled appearance, and prior to leaving his/her residence, the officer shall be compensated a minimum of two (2) hours at time and one-half (1-1/2). If the officer fails to check in with the designated police department representative the evening before the scheduled court appearance, the officer shad 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 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. tJfficer Tnlorkinq in a Higher Classification 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, hejshe shall be paid. at Step II of the regular hourly rate of pay of Sergeant. Tf the Watch Sergeant of the preceding shift, the Chief, or Lieutenant is unavailable due to unforeseen circumstances and it is necessary for an officer to perform the functions of a Sergeant, the Chief or Lieutenant may grant subsequent approval during his next normal work shift. ~PS~• q3- oQ Nc,s 7 8 Ariy overtime performed by a Police Officer while he or she is entitled to pay at the Sergeant rate., shall be compensated at one and~one-half (1-1/2) times the applicable regular'hourly rate of Sergeant's"pay. 'Section 11. Field Training Officer Police Officers who are designated Field Training Officers shall receive 5% above their base regular rate of pay for any hours spent performing assigned training. Section 12. Communications Dispatcher-Clerk 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 encourages employees in specific classifications to acquire and to maintain educational achievement. Educational Incentive Pay shall be based on the basis of the Educational Incentive Pay / 26 pay periods and paid on a pay period basis. An employee who reaches, for the first time, salary Step III of his/her classification, and who has an Intermediate P.O.S,T. Certificate, shall qualify to receive incentive pay commencing with the next full pay period. Intermediate P.O.S.T 5% of base salary Advanced P.O.S.T. 7% of base salary Supervisory Certificate 7% of base salary .Section 14. Sergeant Promotions Upon.promotion to Sergeant, Police Officer in Step V of the salary scale shall be placed in Step II of the Sergeant salary scale.. All other Officers promoted to Sergeant shall be placed in Step I of the Sergeant salary scale. Section. l5. Uniform1Clothing Allowance Program: All employees shall comply with-the uniform/clothing requirements and procedures as established and administered by the Police Chief. Re s o . q 3 - 09 Ncs 9 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 1-1/2% of the annual salary of the top step Community Service Officer per year for the classifications of Parking Enforcement Officer, Community Service Officer and Property Technician. 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. An employee who terminates from City service or is released from City .service shall only receive a prorate 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. 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 riot working in excess of thirty (30) accumulative calendar days pursuant to Labor Code 4850 shall receive a prorated amount for the fiscal year. 'Section 16. .Holiday Pay For those employees of Unit 6 who are required to be_ available for regular duty on holidays rather than receiving time off, the City of Petaluma shall grant a total of ninety-two (92) hours of holiday pay per fiscal year. The City shall pay for such holidays by separate check on the first pay check received in December, in lieu of giving time off . If an employee works only part of a year, due to resignation, termination, retirement, or disability, he or she will be entitled to a prorated share of the ninety-two R ~ eso q 3 - o Q ~ ~ 10 (92) hours payment, based upon the portion of the year the employee worked. Section 17. Sick Leave, Retirement In the event of retirement, an employee who has completed ten (10) years or more with the City shall receive fifty percent (500) of his/her accumulated but unused sick leave, not to exceed 4..80 hours. In the event of a disability retirement, the disabled employee shall receive fifty percent (500) of his/her accumulated but unused sick leave, not to exceed 480 hours. Section 18. Investigation Standby As compensation for 1/standby10, the City standby at the rate actual standby.. Ad. the investigator is the Investigator an the inconvenience of having to will compensate the Investigator on of $90.00 per seven (7) day workweek of 3itionally, for each holiday for which required to standby, the City will pay additional $40.00. 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, 199.3 who have reached age 50 with 20 years of service. This benefit will decrease in the amount of $`S.OO per year to $0.00 in 2012. B. Disability .Retirement An employee, who retires on disability, will be eligible for the amount listed in paragraph A. (Service Retirement) above for a period of eighteen (18) months beginning on the later date of January 1, 1993 or the retirement date. ~e~o, q3-0'q ~~s !d 11 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 for City employees and dependents in this unit. Additionally, the City shall contribute toward an Orthodonture plan $1,000 per child a~t 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 $71.00 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 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. During the term of this Memorandum of Understanding, the City will pay $20.80 per month toward Long Term Disability coverage for non-sworn personnel in Unit 6. .Section 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 amounts: Employee $ 63.00 Employee +1 $226.00 Employee +2 $336.00 R~SO. q3-o9 CGS 12 Section 26. Vision I,r~surance The City shall provide a Vision Plan for employees and dependents in the amount of $12.00 per month. 1~ Reso• a 3- oq ~~.s 13 .Section. 27. .Vacation LEAVES A11 regular employees of the City of Petaluma., after working one full year, are entitled to the equivalent of eighty (80) hours of vacation with pay in the year following the year in which the vacation is earned. All regular employees of the City of Petaluma, after five (5) years of continuous employment with the City, and beginning with the sixth year shall be entitled to the equivalent of one hundred twenty (124) hours of vacation per year. After ten (10) years of continuous service:, eight (8) additional hours of vacation. shall be added for each additional year of continuous service to a maximum of 160 hours of vacation. Vacation accumulated in excess of two years will be lost. Section 28. Sick Leave A. General. Sick leave with pay shall be granted to all probationary and regular employees within the competitive service. Sick leave shall not be considered a right which an employee may use at his discretion, but shall be allowed only in the case of necessity or actual personal sickness or disability. B. Accrual. It .is understood that the sick Memorandum of Understanding •f or at the rate of eight (8) hours employee shall accumulate more provided. C. `Noti-fication Procedures. leave provisgns of the this unit provides for accrual per employee per month. No sick leave in any year than In order- to receive compensation while absent on sick leave, the employee shall notify his immediate superior or the Personnel Officer prior to or within four hours after this time set for beginning his daily duties as may be specified by the head of his department. When absence is for more than three (3) days duration, the employee may be required to file a physician's certificate with the Personnel Office stating the cause of the absence. ~es~ - ~1-3 -OG - QCs 13 14 D. Family Sick Leave. Leaves of absence up to year may be granted to illness or injury in th be charged against sick consist of the spouse, other individuals whose a dependent or near four working days with pay per fiscal employees in the event of serious e employee's immediate family and will leave. The immediate family shall children, parents, brothers, sisters, or relationship to the employee is that of dependent. Tn each case, the appointing power shah. grant such sick leave only when in his opinion, the relationship of the sick or disabled person to the employee warrants such use of sick leave. E. Relationship to Worker's Compensation When a Non Public Safety employee's absence from work has :been occasioned by injury suffered during his/her employment and she/he receives Worker's Compensation Temporary Disability benefits, he/she shall also be entitled to supplement such workers' compensation benefits with sick leave for a period of six months or until the temporary disability is abrogated or the employee retires for disability. F. Retirement Due To Disability A Public Safety employee who is permanently disabled from performing the normal range of duties attached to her/his 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 provisi~ 21.025.2, an employee who is and. eligible for disability postpone the effective date any sick leave to which the entitled. G. Sick Leave Transfer. ins of Government Code Section otherwise incapacitated for duty retirement may not be allowed to of his/her retirement by resort to employee might otherwise be Any bargaining unit employee may transfer some of his/her accrued sick leave to another bargaining unit employee for use as sick leave. by the receiving employee. Such transfer shall be accomplished by a memo from the transferring employee to the designated police department representative for forwarding to the Personnel Office, setting forth the name of the receiving employee and the number of hours being transferred. All such transfers are irrevocable. In order to be eligible to receive a transfer of sick leave the receiving employee must have zero hours of accrued sick leave. ~~ ~e s~ ~l3 -~~ c~ eS 15 Transfers shall be subject to the following limitations: 1) All transfers shall be within this Unit only; and 2) Transfers are for Sick Leave and not for use at retirement. 3) A donor must retain a balance of 40 hours at any time. 4) The recipient must have a zero balance. 5) A recipient may receive no mare than 1040 hours per Fiscal Year> Section 29. Bereavement Leave Leaves of absence up to three working days with pay per fiscal year may be granted to employees in the event of death in the employee's. immediate family. The immediate family shall consist of the spouse, children., parents, brothers, sisters, father-in-law, mother-in-law, brother-in-law, sister-in-law, or other individual whose relationship to the. employee is that of a legal dependent. Section 30, Military Leave Military leave shall be granted in accordance with the provisions of State Law. All employees entitled to military leave shall give the appointing power an opportunity within the limits of military regulations to :determine when such leave shall be taken. Section 31. Leave of Absence Without Pay The City Manager may grant a permanent or probationary employee ;leave ofabsence without pay or seniority for a period not to exceed three (3) months. Good cause being shown by written request, the City Manager may extend the leave of absence without pay for an additional period not to exceed six (6) months. No such leave shall be granted except upon written request of the employee setting forth the reason for the request, and the approval will be in writing.. Upon expiration of a regularly approved leave or within a reasonable period of time after notice to return to duty, the employee shall be reinstated in the position held at the time-leave was granted. Failure on the part of an employee on leave to report promptly at its expiration, or within a reasonable time after notice to return to duty shall be cause for discharge. ~e so q 3 --b9 ~ ~ l 5 16 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 duties with the City during the period of such service or while necessarily being present in court as a result of such call. Under such circumstances, the employee shall be paid the difference between his full. salary and any payment received by him, except travel pay, for such duty. 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 maybe taken by the employee at a time mutually agreed upon by the employee and the Police Chief, consistent with operational needs. The City will provide one (1) "Floating Holiday" of ten (10) 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. 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". The appropriate hours, eight (8) or ten {.10) will be determined by the hours per day being worked at the time the "Floating Holiday is taken.. Employees hired between July 1 and December 31 fiscal year will_be eligible for a Floating Holiday course of that fiscal year. Employees hired on or January 1 of~each year shall not be eligible for a Holiday during-that fiscal year. of each during the after Floating Qe;~o ~ ~ 3 -oR ~1GS f ~ 17 OTHER Section 34. Retirement A. The City of Petaluma agrees to maintain its current Public Employees' Retirement System to provide the 20 @ 50 program and .all other options currently in effect for sworn officers. B. The City agrees to maintain its current Public Employees' Retirement System to provide the 20 @ 60 program and all other options currently in effect for non-sworn personnel. Section.35. Grievance 1. Purpose of Rule: a. To promote improved employer-employee relations by establishing grievance procedures on matters for which appeal or hearing is not provided by other City procedures. b. To afford employees (individually or through the PPOA) a systematic means of obtaining further considerations of problems after every reasonable effort has failed to resolve them through discussions. c. To provide that grievances shall be settled as near as possible to the point of origin. d. To provide that appeals shall be conducted as informally as possible. 2. Matteis Subject to Grievance Procedure: Any employee in the competitive service shall have the right to appeal/grieve under this procedure, a decision affecting his/her employment over which the appointing authority has partial or complete jurisdiction and for which appeal is not provided by other regulations or is not prohibited. Appeals to arbitration under Section E 2, shall be limited to 1) non probationary termination; 2) disciplinary demotion; 3) suspension without pay for forty (40) or more hours; or 4) a grievence regarding the application or intepretation of this Memorandum of Understanding. ~ese . q 3 - oq rf ~S ~ 18 3. Grievance Procedure (A) Step One An employee who has a problem. or complaint should first try to get it settled through discussion with his/her Lieutenant without undue delay. Every effort should be made to find an acceptable solution by informal means at this 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 render a decision and comment in writing and return them to the employee within ten (10) calendar days after receiving the appeal. Failure of the employee to take further action within five (5) calender days after receipt of the written decision of the Captain or within a total of fifteen (15) calendar days if no decision is rendered, will be considered by the City an irrevocable dropping of the appeal. (C) Step Three If the employee does not agree with the Captain's decision at Step II, or if no Step II answer has been received within ten (10) calendar days, the employee may present a Step III Appeal in writing to Chief of Police. The Chief of Police, or a designated representative if requested, shall discuss the Step III Appeal with the employee, his/her representative if requested, and any other person the Chief deems appropriate if any. The Chief shall render a decision in writing, and return it to the employee within ten (10) calendar days after receiving the appeal. Failure of the employee to take further action within five (5) calendar days after receipt of the decs°ion~or within a total of fifteen (15} calendar days if no decision 'is rendered, will be considered by the City an irrevocable dropping of the appeal. (D) Step Four If the employee does not agree with the decision reached at Step III or if no answer has been received within ten (10) calendar days, he/she may present the Step IV Appeal in writing to the City Manager. After receiving the .Step IV Appeal, the City Manager, or a designated .representative, shall discuss the grievance with the employee, employee's representative if requested, and with other appropriate persons the City Manager .e d. 93"0~ SIGs `~; 19 deems appropriate if a: fact-finding committee supervision, to advise Manager shall render a employee within twenty grievance. (E) Step Five ny. The City Manager may designate a or officer not in the normal line of him/her .concerning the appeal. The City Step IV decision in writing to the (20) calendar days after receiving the If the employee does not agree with the City Managers' decision at Step IV, or if no step IV answer has been received within twenty-five (25) calendar days, the employee may present a Step V appeal in writing to the City Manager or his/her designee. An employee. who chooses to appeal Step IV has the right to elect either of the two following procedures outlined below. In order to elect a procedure herein, the employee must give written notice of his/her intent to proceed under a specific procedure at the time this Step is invoked. Such written election shall be on a form provided by the City and shall contain an unequivocal and unconditional waiver of the right to proceed under the alternative election. In no event will any employee be allowed to pursue both appeal procedures. (1)' Personnel Rules and Regulations (a) Any regular employee shall have the right to appeal to the Personnel Board any disciplinary action, interpretation or alleged violation of the Personnel Ordinance or the Personnel Rules and Regulations except in instances where: the right of appeal is specifically prohibited by the Personnel Ordinance or the Personnel Rules and Regulations. (2) Final and Binding Arbitration (a) An employee may elect to use Procedure Two only if it an appeal involving (1) non-probationary termination, or (2) a disciplinary demotion, or (3) a suspension without pay for forty (40) or more hours, or (4) a grievance involving the application or intepretation of this Memorandum of Understanding. (b) Tn matters involving discipline, the arbitrator shall have the authority to determine whether the City, in taking. the disputed disciplinary action, had just cause for such action, involving (1) non-probationary termination, or (2) a disciplinary demotion, or (3) a suspension without pay for forty (40) or more hours, and shall have authority to uphold, reduce or set aside the discipline, including reinstatement and restoration of back salary. (c) In matters involving the interpretation or application of this Agreement, the arbitrator shall not Rem, a3-oq n~cs Iq 20 add to, subtract from, change or modify any provision of this agreement and-shall be authorised only to apply existing provisions of this Agreement to the specific facts involved and to interpret only applicable provisions of this Agreement. (d) The parties agree on the following standing panel of arbitrators. Step V Appeals shall be heard and decided by an arbitrator selected from this panel by the mutual agreement of the parties or, failing such an agreement, by the alternative strike-out method. Joe H. Henderson Emily Maloney Donald inlollett 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 banding. Section 36. Safety Committee The Peace Officers Association of Petaluma shall appoint one member to a Departmental Safety Committee. Section 37. Americans with ®isabilitf.es 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 orde for the City to avoid. discrimination relative to haring, 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. 0~ R~~. ~ 3 - o~ rocs . . ,' 21 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. ACCEPTANCE The parties affix their signatures as constituting mutual acceptance and recommendation of this~Memorandum of Understanding to become effective January 1, 1993 following its adoption by the City Council of the City of Petaluma. PEACE.\OFFICERS' ASSO~IAT1~pN OF PETALUMA t CIT~JCIF PETALUMA Rem,. ~3-0~ ~~s r3 ~y s ~93 I q ~~~ ~f? Owl