HomeMy WebLinkAboutResolution 2022-190 N.C.S. 12/05/2022 DocuSign Envelope ID:7992BC11-F2813-451B-AF2F-68DD2E0C9EC5
Resolution No. 2022-190 N.C.S.
of the City of Petaluma, California
APPROVING AN AMENDED AND RESTATED AGREEMENT
FOR AT-WILL EMPLOYMENT OF THE CITY CLERK,
AND AUTHORIZING THE MAYOR TO SIGN THE AGREEMENT ON BEHALF OF THE CITY
WHEREAS,since September 15,2020,Kendall Sawyer has served as the City Clerk of the City of Petaluma;
and
WHEREAS,Ms. Sawyer's salary, benefits, and conditions of employment are documented in an Agreement
for At-Will Employment of the City Clerk; and
WHEREAS,the City Council recently completed a performance evaluation for Ms. Sawyer and Section 5 of
the Agreement permits salary adjustments to her salary from time to time; and
WHEREAS, it is the desire of the Petaluma City Council, as the governing board of the City,to provide Ms.
Sawyer with a 20% salary adjustment, a 2% cost-of-living adjustment (COLA)to her salary, and an increase to
her fiscal year administrative leave allowance; and
WHEREAS, Attachment A to this resolution is an Amended and Restated Agreement for At-Will
Employment of City Clerk; and
WHEREAS, the Amended and Restated Agreement reflects an updated salary of $164,883 annually, an
increase to the fiscal year administrative leave allowance,and other miscellaneous benefit clean-up language; and
WHEREAS,the proposed action is exempt from the requirements of the California Environmental Quality
Act (CEQA) in accordance with CEQA Guidelines Section 15378(b)(4), in that, approving this action does not
meet CEQA's definition of a"project,"because the action does not have the potential for resulting either a direct
physical change in the environment or a reasonably foreseeable indirect physical change in the environment, and
because this is a personnel-related action that constitutes organizational or administrative activities of
governments that will not result in direct or indirect physical changes in the environment.
NOW,THEREFORE,BE IT RESOLVED,by the City Council of the City of Petaluma as follows:
1. Declares the above recitals to be true and correct and are incorporated into this resolution as findings of the
City Council.
2. Finds that the proposed action is exempt from the requirements of the California Environmental Quality Act
(CEQA) in accordance with CEQA Guidelines Section 15378(b)(4), in that approving this action does not
meet CEQA's definition of a "project," because the action does not have the potential for resulting either a
direct physical change in the environment or a reasonably foreseeable indirect physical change in the
environment, and because this is a personnel-related action that constitutes organizational or administrative
activities of governments that will not result in direct or indirect physical changes in the environment.
3. The Amended and Restated Agreement for At-Will Employment of the City Clerk attached to and made a
part of the resolution as Exhibit A is hereby approved.
Resolution No. 2022-190 N.C.S. Page 1
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4. The Mayor is hereby authorized and directed to execute on behalf of the City the Amended and Restated
Agreement for At-Will Employment of the City Clerk with Kendall Sawyer that is substantially in accordance
with that attached to this resolution as Exhibit A.
Under the power and authority conferred upon this Council by the Charter of said City.
REFERENCE: I hereby certify the foregoing Resolution was introduced and adopted by the Approved as to
Council of the City of Petaluma at a Regular meeting on the 511 day of December oaeusbn"i�4rm:
2022,by the following vote:
5EF85AUIT9%rney
AYES: Mayor Barrett,Vice Mayor Pocekay,Barnacle,Fischer,McDonnell,King YY
NOES: Healy
ABSENT: None
ABSTAIN: None
CecuElyned W. Decusipned by:
ATTEST: t,i't,S& bang
City er aS.f 02E6848F42E...
Resolution No. 2022-190 N.C.S. Page 2
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Exhibit A
SECOND AMENDED AND RESTATED AT-WILL AGREEMENT FOR EMPLOYMENT OF
CITY CLERK
BACKGROUND
The City Council originally entered into an employment agreement with Kendall Sawyer to serve as the
City Clerk of the City of Petaluma on September 14,2020. The agreement outlines the wages,benefits
and conditions of employment for the City Clerk. This Second Amended and Restated At-Will
Agreement for Employment of City Clerk, effective following Council adoption on ,
supersedes and replaces the First Amended and Restated At-Will Agreement for Employment of City
Clerk entered November 1,2021.
The City Council has recently concluded a performance evaluation for Ms. Sawyer and,per Section 5 of
this agreement,has agreed to provide a 20.0% salary adjustment, a 2.0%cost-of-living adjustment to her
salary, and an increase to her administrative leave allowance per fiscal year. This Second Amended and
Restated At-Will Agreement for Employment of City Clerk memorializes these compensation changes,
as well as updates various benefit provisions that are contained in the Attachment 1 to this agreement.
AGREEMENT
This Agreement ("Agreement") was originally made and entered into the 14th day of September,
2020, by and between the City of Petaluma, California("the CITY"),a California municipal
corporation and charter city, and Kendall Sawyer("CITY CLERK")with an effective date of
September 15,2020 ('Effective Date"). The parties agree as follows:
1. Appointment of CitvClerk:
The City Council appoints Kendall Sawyer to the position of City Clerk of the City of
Petaluma, California on the Effective Date, subject to the terms of this Agreement and
applicable law.
2. Term:
The term of this Agreement shall commence on the Effective Date and expire four years
thereafter on September 14,2024, or upon termination in accordance with Section 20.
Notwithstanding the Expiration Date,the Term will automatically extend by an additional year
without further notice or action of the parties commencing on September 15 of each year,
thereby establishing a new four-year Term and new Expiration Date,unless either party gives
the other notice of termination in accordance with Section 20. If either party provides notice of
termination in accordance with this provision,the Term will expire at the conclusion of the
four-year Term then in effect without further notice or action of the party,unless the party
giving notice of termination rescinds the notice in writing before the commencement of the
final year of the Term then in effect.Notwithstanding this provision,this Agreement may be
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terminated before the expiration in accordance with Section 20. If the CITY terminates this
Agreement by giving notice in accordance with this section,the City will have no obligation to
pay severance pursuant to Section 21 regarding such termination.
3. At-Will Employment:
CITY CLERK is an at-will employee in accordance with California Labor Code section 2922
and shall serve at the pleasure of the City Council. The terms of CITY's Personnel Rules,
Policies,Procedures, Ordinances and Resolutions shall not apply to CITY CLERK, and nothing
in this Agreement is intended to, or does, confer upon CITY CLERK any right to or expectation
of any right or property interest in continued employment. If a decision to terminate CITY
CLERK's employment is made by the City Council,whether with or without cause,the CITY
CLERK shall be entitled to only that due process as is provided by City Charter, ordinance, or
this Agreement.Nothing in this Agreement shall prevent, limit or otherwise interfere with the
right of CITY CLERK to resign at any time from her position with CITY, in accordance with
Section 20(a)of this Agreement.
4. Duties and Responsibilities:
a. CITY CLERK shall serve as the City Clerk of the City of Petaluma, and shall be vested
with the powers, duties and responsibilities and perform the functions and duties
specified under the laws of the State of California,the Petaluma City Charter and the
Petaluma Municipal Code, and the ordinances and resolutions of the CITY and other
applicable law, and such other duties and functions as the City Council may from time
to time assign.
b. CITY CLERK agrees to remain in the exclusive employ of CITY, and devote her full
productive time and attention to CITY's business, during the term of this Agreement,
except with speck permission of the City Council for endeavors which are not in
conflict with the CITY CLERK's duties and responsibilities as City Clerk.
The CITY recognizes that CITY CLERK is expected to devote necessary time outside normal office
hours to business of the CITY, and to that end the CITY CLERK's schedule of work each day and
week shall vary in accordance with the work required to be performed. As an exempt employee, CITY
CLERK will not receive overtime or extra compensation for work performed outside normal business
hours. However, CITY CLERK will receive administrative leave in accordance with Section 8(c).
5. Compensation:
a. Base Salarv. Effective the first full pay period following City Council adoption of this
agreement,the CITY CLERK's annual base salary shall be increased by twenty-two
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percent(22.0%)from the prior base salary of$135,150 to an adjusted annual base
salary of$164,883. CITY agrees to pay CITY CLERK an annual base salary of
$164,883,payable in installments at the same time that the other management
employees of the CITY are paid.
b. Merit Adjustment. CITY may increase CITY CLERK's compensation in such amounts
and to such extent as the City Council may determine is desirable on the basis of any salary
review of CITY CLERK.
C. Cost of Living Adjustment. CITY may consider, on an annual basis, a cost of living
adjustment to CITY CLERK's compensation. Such adjustment shall be separate of any
adjustment granted pursuant to Section 5 (b) of this Agreement.
6. Benefits:
CITY CLERK will be entitled to the benefits specified in Attachment 1 which is attached to and
made a part of this Agreement.
7. Disability:
If CITY CLERK is permanently disabled or otherwise unable to perform her duties because of
sickness, accident, injury,mental incapacity or health for a period of ninety(90)successive
days beyond any accrued sick leave, CITY shall have the option to terminate this Agreement.
Upon termination pursuant to this provision, CITY shall have no obligation to pay severance
benefits pursuant to Section 23.
8. Vacation/Sick/Administrative/Holiday Leave:
a. Vacation Leave shall accrue and be credited to the CITY CLERK's personal account
in accordance with Attachment 1.
b. Sick Leave shall accrue and be credited to the CITY CLERK's personal account in
accordance with Attachment 1.
C. Effective the first full pay period following City Council adoption of this agreement,
CITY CLERK's administrative leave will be increased from eighty hours(80)to
ninety-six(96)hours per fiscal year.In fiscal year 22-23 and thereafter, a total of
ninety-six(96)hours of administrative leave will be credited to the CITY CLERK's
personal account each fiscal year.
1. Can Forward of Leave. CITY CLERK may carry forward up to forty(40)hours of
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unused administrative leave into the next fiscal year. CITY CLERK may not
maintain balances of more than one hundred and twenty(120)hours of
administrative leave in any fiscal year. Carry forward administrative leave may only
be taken as paid time off,has no cash value,and shall not be included in the totals
subject to payment under Section 20(d).
2. Annual Payment for Unused Leave. CITY CLERK shall receive payment for up to
twenty(20)hours of unused administrative leave at the end of each fiscal year.
Payment shall be at the CITY CLERK's base pay rate as of June 30. Payment shall
be made on the last pay period of the fiscal year.
d. Holidays shall be credited to the CITY CLERK'S account in accordance with
Attachment 1.
9. Disability,Health,and Life Insurance:
a. CITY agrees to purchase and to pay during the term of this Agreement,premiums on
term life insurance policies equal in amount to one and one-half 1-1/2 times the amount
of the annual compensation package of CITY CLERK described in Section 5,up to a
maximum benefit of$200,000.
b. CITY agrees to provide and to pay the CITY's share of premiums for medical,dental,
and vision insurance for the CITY CLERK and her dependents in accordance with
Attachment 1. CITY CLERK shall have the right to select medical, dental and vision
coverage from the plan options offered by CITY.
C. CITY agrees to have in force and make required premium payments for CITY
CLERK's participation in the CITY's current group disability plan.
10. Dues and Subscriptions:
Subject to budgetary approval by the CITY, CITY agrees to pay for professional dues and
subscriptions of CITY CLERK necessary for CITY CLERK's continuation and full
participation in national,regional, state and local associations and organizations necessary and
desirable for CITY CLERK's continued professional participation, growth and advancement
and for the good of CITY.
11. Professional Development:
a. Subject to budgetary approval by CITY,CITY agrees to pay for,to the extent allowed
by law,travel and subsistence expenses of CITY CLERK for official travel,meetings
and events as necessary and appropriate to continue the professional development of
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CITY CLERK at gatherings such as the City Clerks Association of California(CCAC)
Annual Conference,International Institute of Municipal Clerks Annual Conference
and League of California Cities New Law and Elections seminar.
b. Subject to budgetary approval by CITY, CITY agrees to pay for,to the extent allowed
by law,travel and subsistence expenses of CITY CLERK for short courses, institutes
and seminars that are necessary for CITY CLERK's professional development and for
the good of CITY.
12. General Expenses:
a. CITY recognizes that certain expenses of a non-personal nature are incurred by CITY
CLERK for the benefit of the CITY in the course of performance of CITY CLERK's
duties and hereby agrees to reimburse or to pay said general expenses, and CITY's
Finance Director is hereby authorized to disburse such monies upon receipt of duly
executed expenses of petty cash vouchers,receipts, statements or personal affidavits to
the extent allowed by law and subject to budgetary approval.
b. Given the importance of technological tools to the effective and efficient conduct of
the CITY's business,the CITY shall provide computer, laptop computer, cellular
phone, iPad or similar type devices to the CITY CLERK at the CITY's expense, both
at the CITY CLERK's office and at the CITY CLERK's residence, as needed to carry
out the duties of the position.All such equipment shall remain the property of the
CITY.
C. CITY CLERK will be provided a monthly automobile allowance of$200.00 in
exchange for making her vehicle available for her own use and for CITY-related
business and/or functions during,before, and after normal working hours. The monthly
automobile allowance is intended to defray costs that the CITY CLERK incurs
utilizing her personal vehicle for CITY business. The automobile allowance shall
appear on the CITY CLERK's payroll stub as ordinary income and part of her salary
but will not be considered part of the CITY CLERK's base salary for purpose of this
Agreement.
13. Bonding:
CITY shall bear the full cost of any fidelity or other bonds required of City CLERK under any
law or ordinance.
14. Continuity:
In the event of a change of the elected representation of the City Council,there will be a ninety
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(90)day period commencing upon the seating of new City Council members when the City
Council can take no action regarding the provisions of CITY CLERK's contract,unless both
parties agree, or the action is for cause.
15. Attorney Fees:
In the event of any suit or action by either party under this Agreement,the prevailing party in
such suit or action shall be entitled to reasonable attorney fees and costs to be fixed by the
court.
16. Other Terms and Conditions of Employment:
The City Council, in consultation with CITY CLERK, shall fix any other terms and conditions
of employment, as it may determine from time to time,relating to the performance of CITY
CLERK,provided such terms and conditions are not inconsistent with or in conflict with the
provisions of this Agreement,the Petaluma City Charter,the Petaluma Municipal Code or any
other applicable state or federal law.
17. Indemnification:
a. CITY shall defend, hold harmless and indemnify CITY CLERK against any tort, civil
rights,personnel,discrimination,professional liability claim or demand or other legal
action,whether groundless or otherwise, arising out of an alleged act or omission
occurring in the performance of the CITY CLERK's duties in accordance with the
provisions of California Government Code Section 825 and following as amended from
time to time and provide a defense in accordance with California Government Code
Section 995 and following.Notwithstanding anything to the contrary in this
Agreement, CITY reserves the right to refuse to provide a defense of CITY CLERK for
the reasons set forth in California Government Code section 995.2 or other applicable
provisions of law.
b. Following termination or expiration of this Agreement, for any reason,when CITY
CLERK serves as a witness,advisor and/or consultant to CITY regarding pending
litigation,CITY agrees to pay CITY CLERK consulting fees at an hourly rate equal to
the base wage paid to CITY CLERK at the time of separation, CITY also agrees to pay
reasonable travel expenses and miscellaneous costs related to such consulting.
18. Notices:
Notices pursuant to this Agreement shall be in writing given by deposit in the custody of the
United States Postal Service, first class postage prepaid, addressed as follows:
a. CITY:
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Mayor and City Council
11 English Street
Petaluma CA 94952
b. CITY CLERK:
Kendall Sawyer
City Clerk
11 English Street
Petaluma CA 94952
Alternatively,notices required pursuant to this Agreement may be personally served in the
same manner as is applicable to civil judicial process.Notice shall be deemed given as of the
date of personal service or as of the date of deposit of such written notice,postage prepaid,
with the United States Postal Service.
19. Performance Evaluations:
a. City Council may review and evaluate the performance of CITY CLERK annually in
advance of the adoption of the annual operating budget or when requested by the CITY
CLERK. Said review and evaluation shall be in accordance with specific criteria
developed jointly bythe City Council and CITY CLERK. Said criteria may be amended
as the City Council may from time to time determine and in consultation with CITY
CLERK.The City Council shall conduct its evaluation of CITY CLERK in closed
session.The City Council shall provide CITY CLERK with the written evaluation and
provide an adequate opportunity for CITY CLERK to discuss CITY CLERK's
evaluation with City Council.
b. In recognition of accomplishments and objectives, and satisfactory performance, a
potential annual merit increase may be negotiated in accordance with Section 5(b).
C. The City Council and CITY CLERK shall define such goals and performance objectives
as they determine necessary for the proper operation of CITY and the attainment of the
City Council's policy objectives and shall further establish a relative priority among
those various goals and objectives, said goals and objectives to be reduced to writing.
Said goals and objectives shall generally be attainable within the time limitations as
specified in the annual operating and capital budgets and appropriations provided.
d. CITY CLERK will timely cause to be placed on the City Council agenda a"closed
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session" for purpose of CITY CLERK's performance evaluation.
20. Termination ofEmplovment:
a. CITY CLERK may terminate this Agreement,with or without cause,by giving the
CITY a minimum of forty-five(45) days written notice in advance of termination,
unless the parties agree otherwise. During the period following notice of termination
and until the termination becomes effective, all the rights and obligations of the parties
under this Agreement shall remain in full force and effect. CITY CLERK will not be
entitled to receive any severance pay if her resignation is voluntary.
b. The City Council may terminate this Agreement,with or without cause. City Council
shall give CITY CLERK a minimum sixty(60) days prior written notice of termination;
provided, however,that if CITY CLERK is terminated for cause, as defined in this
Agreement,the sixty(60)day written notice requirement shall not apply and CITY
CLERK may be terminated with notice as provided in Section 20(c).
C. Prior to terminating this Agreement for cause pursuant to Section 22,the City Council
shall give CITY CLERK at least ten(10) days prior written notice of the charges or
other alleged cause for termination. Within the ten-day period,but not earlier than five
days after the notice has been given,the City Council shall meet with CITY CLERK in
closed session and give CITY CLERK an opportunity to address the City Council
regarding the alleged cause for termination. CITY CLERK may also choose to have
allegations brought against her heard in open session in accordance with California
Government Code 54957(b)(2).After hearing CITY CLERK's response to the
allegations,the City Council shall make a decision as to whether to terminate the
Agreement and shall inform CITY CLERK in writing of its decision.
d. Upon separation from CITY for any reason, CITY CLERK will be paid for all earned,
accrued,and unused vacation,administrative leave,and floating holidays, subject to the
limitations imposed elsewhere in this Agreement.
21. Termination Without Cause:
For the purposes of this Agreement,termination without cause shall be deemed to occur when:
a. The majority of the City Council votes to terminate the CITY CLERK at a duly
authorized public meeting without cause,as defined in Section 22(a)of this Agreement.
b. The City Council,the citizens or the Legislature acts to amend any provisions of the City
Charter, codes, or other enabling legislation pertaining to the role,powers, duties,
authority, or responsibilities of the CITY CLERK's position that substantially changes
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the form of government. CITY CLERK shall have the right to declare that such
amendments constitute termination.
C. The City Council reduces the base salary,compensation, or any other financial benefit of
the CITY CLERK(unless it is applied in no greater percentage than the average reduction
of all department directors). Such action will be regarded as a termination.
d. Material breach of this Agreement is declared in writing by CITY CLERK specifying
the reasons therefore,but only if CITY has not cured such declared material breach
within thirty(3 0)days of receipt of notice of the declared material breach.
22. Termination for Cause:
a. For purposes of this Agreement, cause for termination by CITY means:
1. Willful and repeated failure to perform the duties of CITY CLERK or other
material breach of this Agreement declared in writing by CITY by notice in
accordance with Section 20(c)and not cured within thirty days of receipt of notice
of the.declared material breach;
2. Conviction of CITY CLERK for an employment related criminal act;
3. Conviction of CITY CLERK for a felony;or
4. A finding by a court,jury, State or Federal Attorney General,the Fair Political
Practices Commission, or any successor agency,that CITY CLERK engaged in
intentional or negligent misconduct in relation to the performance of CITY
CLERK's duties.
b. Pursuant to Government Code Sections 53243, 53243.1,and 53243.2,if City Clerk is
convicted of a crime involving an abuse of her office or position, all of the following
shall apply:
1. If CITY CLERK is provided with administrative leave pay pending an investigation,
CITY CLERK shall be required to fully reimburse CITY such amounts paid.
2. If CITY pays for the criminal legal defense of CITY CERK, CITY CLERK shall be
required to fully reimburse CITY such amounts paid.
3. If this Agreement is terminated,any Severance Pay and Severance Benefits related
to the termination that CITY CLERK may receive from CITY shall be fully
reimbursed to CITY or void if not yet paid to CITY CLERK.
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For purposes of subsection 22(b),abuses of office or position means either:
A. an abuse of public authority, including waste, fraud, and violation of the law
under color of authority, or
B. a crime against public justice, including but not limited to,a crime described in
Title 7 (commencing with Section 92)of Part 1 of the California Penal Code.
23. Severance Pay:
a. If CITY terminates this Agreement without cause in accordance with Section 21,then
CITY CLERK shall be entitled to a severance payment equal to six(6)months of base
salary at the rate in effect at the time of termination,plus CITY's share of the cost of
continuing health, dental,and vision insurance for CITY CLERK and all dependents as
provided in Section 13 for six(6)months.At CITY CLERK's election, and pursuant to
CITY CLERK's written instructions at the time of severance, severance pay shall be
paid either in a lump sum cash payment within thirty(30) days of the date of
termination, or in equal monthly payments. Should CITY CLERK elect to receive
severance pay in equal payments,the number of such monthly payments shall not
exceed six(6).
b. All payments required under Section 28(a)are subject to and shall be interpreted to
comply with the limitations set forth in California Government Code Sections 53260 and
53261. The CITY's share of the cost of Health, Dental and Vision benefits shall
continue for the same duration of time as covered in the settlement or until the CITY
CLERK finds other employment,whichever occurs first.
C. If CITY terminates CITY CLERK for cause, she will not be entitled to any severance
payment. The determination of whether there is cause for termination shall be
consistent with Section 22.
24. Miscellaneous:
a. The text herein shall constitute the entire agreement between the parties. This
Agreement may not be modified, except by written agreement executed by both
parties.
b. If any provision, or any portion thereof, contained in this Agreement is held
unconstitutional,invalid or unenforceable,the remainder of this Agreement, or portion
thereof, shall be deemed severable, shall not be affected and shall remain in full force
and effect.
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C. This Agreement shall be governed by the laws of the State of California.
d. The parties agree that any ambiguity in this Agreement shall not be construed or
interpreted against, or in favor of, either party.
e. This agreement shall be binding upon and inure to the benefit ofthe heirs at law and
executors of CITY CLERK.
[SIGNATURES ON NEXT PAGE]
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CITY CLERK
By
Kendall Sawyer,City Clerk
CITY
By
Teresa Barrett, Mayor
ATTEST:
By
Kami Garcia, Deputy City Clerk
APPROVED AS TO FORM:
By
Eric W.Danly,City Attorney
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ATTACHMENT 1
1. Vacation Leave Accrual Rate
Vacation leave hours shall accrue at the rate specified in the schedule below:
Years of Service Vacation Accrual(hrs) Accrual Limit(hrs)
0-4 80 240
5-9 120 360
10 128 384
11 136 408
12 144 432
13 152 456
14 160 480
15 168 504
16 176 528
17 184 552
18 192 576
19 or greater 200 600
The total amount of accrued but unused vacation may not exceed three (3)times the rate
of annual accrual as specified in the schedule above. Upon separation from employment
KENDALL SAWYER shall be paid for all accrued unused vacation leave.
Upon the effective date of this agreement,KENDALL SAWYER shall be granted an
initial bank of 40 vacation hours which will be credited to her personal account.
2. Sick Leave
A. Sick Leave—Eligibility
Sick leave is not a right, which may used at discretion, but rather, sick leave shall
be used only in case of personal illness, disability or the serious illness or injury of
a family member,which requires the attention of KENDALL SAWYER. The term
family members shall include: spouse,children,parents, spouse's parents,brothers,
sisters or other individuals whose relationship to KENDALL SAWYER is that of
a dependent or near dependent.
B. Sick Leave—Accrual
Sick leave shall accrue at the rate of eight (8) hours for each month of continuous
service.
C. Sick Leave—Transfer
If KENDALL SAWYER wishes to donate hours of sick leave to another employee
she may do so by sending a written request to the Human Resources office naming
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the individual to receive the sick leave and the amount donated,with the following
restrictions:
i. KENDALL SAWYER must retain a minimum of 160 hours of sick leave
to be eligible to transfer sick leave.
ii. Transfer amounts shall be limited to the number of actual hours needed and
used by the receiving employee.
iii. Any donated sick leave hours unused by recipient shall be returned to the
donor. The employee receiving the sick leave transfer must have zero (0)
hours of accrued sick leave,vacation, and CTA leave on the books.
iv. Employees may not buy or sell sick leave.Only the time may be transferred.
V. Employees may not transfer sick leave upon separation of service.
vi. Transfer of sick leave shall be allowed.
vii. No more than ninety (90) workdays of sick leave may be received by an
employee for any one illness or injury.
D. Sick Leave—Retirement Payout
In the event of the death or retirement and the completion of ten(10) or more years
of continuous employment with the City, KENDALL SAWYER shall be paid or
shall receive a benefit of fifty percent (50%) of her accumulated but unused sick
leave not to exceed four-hundred-eighty(480) hours. She may elect not to receive
this benefit and instead place all sick leave hours into the CalPERS sick leave
conversion benefit.
3. Holidays and Holiday Leave
The City observes twelve (12) fixed-date holidays. These holidays are established for the
City's fiscal year as determined by City Council resolution.
The holidays for fiscal year 22/23 are as follows:
Independence Day
Labor Day
Veterans' Day
Thanksgiving Day
Day after Thanksgiving
Christmas Eve
Christmas Day
New Year's Day
Martin Luther King Day
Presidents' Day
Cesar Chavez Day
Memorial Day
Observance: The actual date of the observed holidays is determined by City Council
resolution each fiscal year. If participating in a 5/8 schedule, when a holiday falls on a
Saturday, that holiday will be observed on the prior Friday. When a holiday falls on a
Sunday, that holiday will be observed on the following Monday. Should this conflict
with a Friday or Monday designated holiday, the Friday or Monday holiday will occur
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on the preceding Thursday or following Tuesday. If participating in a 4/10 schedule,
when a holiday falls on a Friday or Saturday,that holiday will be observed on Thursday.
When a holiday falls on a Sunday, that holiday will be observed on the following
Monday. Should this conflict with a Friday or Monday designated holiday,the Friday or
Monday holiday will occur on the preceding Wednesday or following Tuesday.
Observance by an employee of a designated religious event may be granted, if
practical, with at least seven (7) days prior approval required for such leave, under the
following methods:
(A) Time charged to accrued vacation allowance; or
(B) Time off without pay.
Fixed holidays currently provided for in the Compensation Plan will be based on the
employee's regular work shift. For example, if an employee works a 4/10 schedule,
s/he shall receive ten (10) hours of pay for the holiday. If an employee works a 9/80
schedule, s/he shall receive nine (9) hours of pay for the holiday, or eight (8) hours pay
if the holiday falls on their regularly scheduled eight (8) hour workday as part of their
9/80 schedule. If an employee works a 5/8 schedule (five days/week, eight hours/day),
s/he shall receive eight (8) hours of pay for the holiday. The same shall be true for
any employee whose regular work week is fewer than forty(40)hours per week, except
that no such employee shall receive more than eight(8)hours of pay for the holiday.
4. Floating Holiday
Each fiscal year KENDALL SAWYER shall be provided one floating holiday which may
be taken by her at a time she selects, subject to operational requirements of the City.
5. Health Benefits
A. PEMHCA Contribution
The City currently provides health benefits through the California Public Employees'
Retirement System(CalPERS)Health Benefits Program under the Public
Employees' Medical and Hospital Care Act(PEMHCA). The City's employer
contribution for each employee shall be the minimum required by PEMHCA. The
City pays this contribution directly to Ca1PERS.
B. Additional Benefit Amount Paid by the City
The City shall pay the additional contribution amount specified in the schedule
below entitled"Total 2022 City's Contribution Rate"for KENDALL SAWYER
and her covered family members.
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2022 Health Rates PEMHCA
(Based on 2022 Contribution Total 2022
City's Benefit (Added to City's
Coverage Kaiser Contribution the City's Contribution
Permanents Benefit Rate
Rates) Contribution
Employee Only $857.06 $672.66 $149.00 $821.66
Employee+ 1 $1,714.12 $1,486.86 $149.00 $1,635.86
Employee+2 or more $2,228.36 $1,975.39 $149.00 $2,124.39
C. Contribution
KENDALL SAWYER shall contribute to her CalPERS Health Premium in the
amounts less the City's PEMHCA contribution and less the additional benefit paid by
the City.
6. Health Benefits—Retired
A. Retired—CalPERS and PEMHCA
The City currently provides health benefits through the California Public Employees'
Retirement System (CalPERS) Health Benefits Program under the Public Employees'
Medical and Hospital Care Act(PEMHCA). In order for a retired employee to be eligible
to receive health benefits through CalPERS upon retirement,a retired employee must meet
the following definition of"annuitant"under CalPERS law:
i. Employee must be a member of Ca1PERS; and
ii. Employee must retire within one-hundred-twenty (120) days of separation
from employment with the City of Petaluma and receive a monthly retirement
allowance from Ca1PERS.
B. "Unequal Contribution"Method for Health Care Premium Payments for Retirees
The City uses the "unequal contribution" method for health care premium payments for
annuitants (retirees) as permitted under Government Code section 22892. Under this
method,the City is required annually to increase the total monthly annuitant health care
contribution to equal an amount not less than the number of years the City has been in the
PEMHCA program multiplied by five percent (5%) of the current monthly employer
contribution for active employees until the time the City's contribution for annuitants equals
the City's PEMHCA contribution paid for active employees.
Effective calendar year 2014 the "unequal contribution" method for health care premium
payments for annuitants (retirees) will be at the twenty-year mark. Thus, the City's
contribution for the PEMHCA program will be at 100% (5% x 20 years). Therefore, the
monthly employer contribution for annuitants is the required minimum PEMHCA
contribution.
The City pays this contribution directly to CalPERS. The retiree is required to contribute
to the cost of the health benefit coverage. The retiree's monthly contribution shall be the
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cost of the monthly health benefit premium less the amount of the City's contribution.
C. CalPERS Annuitant—PEMHCA Health Benefits
In accordance with the PEMHCA provisions if an employee is a CalPERS annuitant
as defined by CalPERS and receives health benefits under the PEMHCA, the
employee is eligible to receive the City's PEMHCA contribution amount specified
below, regardless of the number of years of service with the City of Petaluma.
D. Less Than 20 Years of Service—Not Receiving PEMHCA Health Benefits
A retired employee with less than twenty (20) years of service with the City of
Petaluma who is not enrolled in the CalPERS health benefit program does not
receive any retiree benefit from the City.
E. Less Than 20 Years of Service—Receiving PEMHCA Health Benefits
A retired employee with less than twenty (20) years of service with the City of
Petaluma who is a CalPERS annuitant as defined by CalPERS and enrolled in the
CalPERS health benefit program is eligible to receive the minimum PEMHCA
contribution as set by CalPERS.
F. 20 Years or More of Service—Not Receiving PEMHCA Health Benefits
A retired employee with twenty (20) or more years of service with the City of
Petaluma who is not enrolled in the CalPERS health benefits program shall receive
direct payments in the amount of one-hundred-forty dollars ($140.00) each month,
effective the first month following the expiration of health benefit coverage.
G. 20 Years or More of Service—Receiving PEMHCA Health Benefits
A retired employee with twenty (20) years or more of service with the City of
Petaluma who is a CalPERS annuitant as defined by CalPERS and enrolled in the
CalPERS health benefit program is eligible to receive the minimum PEMHCA
contribution as set by CalPERS.
The City's PEMHCA contribution amount is deducted from the retiree's monthly
health premium and paid to CalPERS directly by the City.
It is the responsibility of the retiree to notify the City in writing if he or she is no longer
participating in the CalPERS health benefit program.Following receipt of the written
notice, the City will commence direct payment of the one-hundred-forty dollars
($140.00)at the beginning of the following month.
7. California Public Employees' Retirement System
Effective January 1, 2013 the City of Petaluma became subject to the Public Employees'
Pension Reform Act of 2013 (PEPRA) and benefits offered to newly hired employees
will be in accordance with PEPRA.
CITY will enroll KENDALL SAWYER into the California Public Retirement System,
(PERS). City agrees to make all the appropriate contributions on KENDALL SAWYER's
behalf, for the employer share required. KENDALL SAWYER shall pay the entire
contribution for the PERS employee share required.
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CITY understands that KENDALL SAWYER is currently enrolled in the"2% @ 62"
retirement formula for miscellaneous members as established by the Public Employees
Pension Reform Act of 2013 ("PEPRA")and will continue under that formula during her
employment with CITY.
Effective February 26,2018, all employees shall pay an additional three percent(3%)
towards PERS retirement. For Classic Miscellaneous employees,this three percent(3%) is
added to the seven percent(7%)employee contribution,for a total contribution of ten percent
(10%). Employees subject to the PEPRA formula shall also pay an additional three percent
(3%)on top of their required employee contribution, as established annually by PERS.
The City shall continue to 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 N.C.S.
8. Cash In-Lieu of Health and Dental Benefits
If KENDALL SAWYER has health benefit insurance coverage from a source other than
the City, or health benefit insurance coverage from a City employee, she may request cash
in lieu of health benefits.To be eligible for the cash in-lieu benefit program she must waive
her coverage under the City's health benefits, agree to the terms and conditions of the cash
in-lieu benefit program and have written verification of health benefits insurance.
For All Employees Hired On or After June 1,2017.
For all employees hired on or after June 1,2017,the cash in-lieu amount for health benefits
shall be $400.00 per month. Employees shall not be eligible for cash in-lieu for dental
benefits.
Upon declining medical insurance, the employee will be required to meet the terms and
conditions regarding the City's medical plan. If an employee decides to stop receiving the
medical cash back and wishes to re-enroll into the City's medical plan, then s/he must
meet the current terms and conditions of the City medical plan. The City cannot
guarantee that once the employee leaves a particular medical plan, s/he may be able to
re-enroll in his/her prior plan and under the same terms and conditions of his/her prior
plan.
9. Section 125 Plan
The City of Petaluma shall make available to KENDALL SAWYER an Internal Revenue
Code (IRC) Section 125 plan. The Section 125 plan is subject to federal law and plan
provisions.
The Section 125 Plan offered by the City provides a tax savings through the following
programs:
Pre-Tax Health Insurance Premiums:
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This program allows employees to pay his or her share of health insurance premiums
with pre-tax dollars.
Flex Spending Accounts (FSAs):
i. Medical Reimbursement
This program permits employees to pay for common out-of-pocket medical
expenses (not covered by insurance) such as deductibles, co-pays, and vision and
dental care with pre-tax dollars.
ii. Dependent Care Reimbursement
This program permits employees to pay for most child and or dependent care
expenses with pre-tax dollars.
10. Dental Insurance
The City shall provide a dental plan and pay the total premium costs for KENDALL
SAWYER and her eligible dependents. The maximum benefit amount is two-thousand
dollars $2,000.00 per person per calendar year. Orthodontic coverage shall be provided for
dependent children under the age of twenty-six (26) years and is 50% of the dentist's
allowed fee (subject to a$2,000.00 lifetime maximum per person).
11. Vision Insurance
The City shall provide a vision plan for KENDALL SAWYER and her eligible
dependents. The cost shall be paid for by the City. Employees are eligible for eye exams
once a calendar year with a twenty-five ($25.00) deductible. Frames are available once a
calendar year with a maximum benefit of one-hundred-eighty dollars ($180.00) and/or
contact lenses are available once a calendar year with a maximum benefit of one-hundred-
eighty dollars ($180.00).
12. Employee Assistance Program
The City will provide an Employee Assistance Program to KENDALL SAWYER and her
immediate family. This licensed counseling service will provide assistance and referrals
for marriage and family problems, alcohol and drug dependency, emotional,personal, and
stress-related concerns and other issues. All counseling services are confidential.
13. Long Term Disability Insurance
The City shall provide KENDALL SAWYER with the same long-term disability benefit
plan as provided to City employees.
14. Deferred Compensation
The City of Petaluma shall make available to KENDALL SAWYER a Deferred
Compensation Plan.
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15. Industrial Injury Leave
Benefits shall be payable in situations where KENDALL SAWYER'S absence is due to
industrial injury as provided in California State Workers' Compensation Law. During the
first three (3) workdays when her absence has been occasioned by injury suffered during
her employment and she receives workers' compensation benefits, she shall receive full
pay. Following this period, sick leave may be a supplement to the workers' compensation
benefits provided. Compensation is at her regular rate for a period not to exceed six (6)
months, or until such sick leave is exhausted, or the disability is abrogated, or that she is
certified "permanent and stationary" by a competent medical authority. The City shall pay
her the regular salary,based on the combination of the workers'compensation benefits plus
sick leave.
Sick leave for industrial injury shall not be allowed for a disability resulting from sickness,
self-inflicted injury, or willful misconduct.
The City may retire KENDALL SAWYER prior to the exhaustion of accumulated sick
leave, at which time all accrued but unused sick leave shall be abrogated, subject only to
the limitations provided under her Agreement.
16. Bereavement Leave
KENDALL SAWYER shall be granted up to thirty-two (32) hours of bereavement leave
in the event of death in her immediate family. For the purpose of bereavement leave,
immediate family shall mean spouse, qualified domestic partner, father, father-in-law,
mother, mother-in-law, brother, brother-in-law, sister, sister-in-law, child (including
stepchildren), step-parents, grandparents and grandchildren or person with whom the
employee has a relationship in loco parentis.Up to an additional eight(8)hours of accrued
sick leave may be granted to supplement bereavement leave.
In the event KENDALL SAWYER must travel more than three-hundred (300) miles to
attend a funeral or memorial service, an additional eight (8) hours of bereavement leave
shall be granted instead of the use of eight(8)hours of sick leave.
17. Victims of Domestic Violence and Sexual Assault Leave
The City of Petaluma provides appropriate leave, in accordance with California Labor
Code Section 230.
18. Military Leave
The City of Petaluma shall grant military leave benefits to eligible employees in accordance
with California's Military Leave Laws found in Military&Veteran's Code 389 et seq.,the
Federal Uniformed Services Employment and Re-employment Rights Act (USERRA),
found at 389 U.S.C.4301 et seq.,and the City of Petaluma Resolution No.2004-200 N.C.S.
Employees in the Ready Reserves of the Armed Forces who are ordered to active military
duty or training under Executive Order 13223, shall have continued benefits in effect
throughout his/her active duty training for a period of three-hundred sixty-five (365)
calendar days or until the date of discharge from military service, whichever occurs first,
unless this policy is changed by action of the City Council.
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19. Election Officer and Voting Leave
If KENDALL SAWYER'S actual work schedule otherwise would prevent her from voting
in any State, County, or General election, she may be granted up to two (2) hours of paid
time to vote, in accordance with Election Code 14000. She must provide the City with at
least two (2) working days' notice that he will be taking time off to vote.
20. School Visitation Leave
The City of Petaluma provides up to forty(40)hours of unpaid leave in a year to
participate in the child's school activities, in accordance with Labor Code section 230.8.
21. Leave of Absence without Pay
The City Council may grant KENDALL SAWYER with a leave of absence without pay
pursuant to State and Federal Law. Good cause being shown by a written request,the City
Council may extend such leave of absence without pay or benefits for an additional period
not to exceed six (6) months. No such leave shall be granted except upon written request
of KENDALL SAWYER setting forth the reason for the request, and the approval will be
in writing.
22. Jury Duty Leave
Should KENDALL SAWYER be summoned for jury duty she shall be entitled to a leave
of absence with full pay for such period of time as may be required to attend the court in
response to such summons. She may retain payment for travel but shall make payable to
the City any and all fees which he may receive in payment for service as a juror.For Grand
Juries this compensation shall not extend beyond twenty(20)working days.
23. Family Care and Medical Leave(FMLA & CFRA)
FMLA and/or CFRA Leave
The City shall provide family and medical care leave for KENDALL SAWYER as
required by City policy, state and federal law and as specifically provided in the Federal
Family and Medical Leave Act of 1993 (FMLA) and the California Family Rights Act of
1993 (CFRA). If possible, employees must provide thirty(30) days advance notice of
leave.
FMLA and/or CFRA—Second Opinion
KENDALL SAWYER shall provide the City with a health care provider certification.
The City, at City expense, may require a second opinion on the validity of the
certification. Should a conflict arise between health providers, a third and binding
opinion, at City expense shall be sought.
24. Pregnancy Disability Leave
The CITY shall provide pregnancy disability leave (PDL) for eligible employees as
required by CITY policy and applicable law and as specifically provided in the Fair
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Employment and Housing Act and the Family Medical Leave Act. If possible, employees
must provide thirty(30) days advance notice of leave.
25. Paid Parental Leave
On October 18, 2021, the City Council approved a Paid Parental Leave (PPL) Policy for
City of Petaluma employees.The PPL Policy provides eligible City of Petaluma employees
up to 320 hours of PPL. As a City of Petaluma employee, KENDALL SAWYER is an
eligible employee for PPL subject to the terms of the PPL Policy. The PPL Policy may be
subject to change in the future.
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