HomeMy WebLinkAboutResolution 91-185 07/01/1991`. ..
Resolution No. 91-185 N.C.S.
of the City of Petaluma, California
RESOLUTION RATIFYING MEMORANDUM OF UNDERSTANDING
EXECUTED BY THE DULY AUTHORIZED REPRESENTATIVES
OF THE CITY OF PETALUMA 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 farms and conditions of
Meyers-Mi.Lias-Brown Act and the City's Employer-Emp]oyee 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, Resoluti-on 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 Munir.~pal Employees' Relations
Officer (Resolution No . 5374 N . C . S .) i s 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 1, 1991, through June 30, 1994. During this period
the City of Petaluma will be making contributions to the retirement plan on
behalf of the employees, however, the employees may not opt to receive this
contribution in cash .
Under the power and authority conferred upon this Council by the Charter of said City.
REFERENCE: I hereby certify the foregoing Resolution was introduced and adopted by the Approved as to
Council of the City of Petaluma at a (Regular) (~~ meeting fO~
on the ..1st ................. day of ...........JUIy.........-..........................-.-., 19..91, by the ~ ~~
following vote: ...................... ... . . .
City Attorney
AYES: Read, Davis, Cavanagh, Nelson, Vice Mayor Woolsey, Mayor Hilligoss
NOES:
ABSENT: Sobel
~~"_._ ~_
ATTEST : .. ..................:........ .• --..-....... --...-.....-... ......
City Clerk ~Q5
Council File ..............................
.~
Mayor
cn io-s5 Kea. rro......g.l_.1.g.5........ N.e.s.
TABLE O.F CONTENTS
PREAMBLE.
GENERAL
Section 1 Recognition
Section 2 DefintiDns
Section 3 Severability
Section 4 Non-Discrimination,
ASSOCIATION MATTERS
Section 5 Association Security
Section 6 Dues:Checkoff
Section 7 ~ Stewards and Representatives
Sect~n 8 Bulletin .;Boards
Section 9 Excused Absence
Section 10 Association/City Meetings
COMPENSATION •
Section 11 Wages .
Sect~n 12 Overtone
Sect~.on 13 Ca]l-back Pay
Section 14 Stand-by Eay
Section 15 Rates of Pay on Permanent Transfer do New
Classification
Section 16 Temporary Work Out of Classification
Section 17 Payment for Missed Meals
Section 18 Te_r-urination .Pay
Section 19 Retirement Contribution
Section 20 Smoking Cessation Plan
Section 21 Work Boots
Section 22 Compensatory Time Payment
INS U.RANCE
Sect~n 23 Health Insurance
Sectifln 24 Life Insurance
Section 25 -Dental Insurance
Section 26 Long-Term Disability Insurance
Section 27 Vision Insurance
LEAVES
Sectior~° 28 Vacation
Sectnn•~ 2~ Siok Leave
Section 3Q B'ereavement Leave
Seetzon 31 Holidays
.Section- 32 In'dustr-ial Injury Leave
Sectifln 33 Leaves of. Absence without Pay
.:Section 34 Annual Military Duty
Section 35 Jury Duty
Section 36 Meal and Rest Periods
Section 37 Compensatory Time Off
• `Section 38 Bonus Holiday
q~-~85
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TABLE O;F CONTENTS
PROCEDURES
Sect~n 39 New or Changed Classifications
Section 4'0 Seniority.
Section, 41 Promotions
Section 42' Temporary Appointments
• Section: 4~3 T~ran_sfers Between„ ,Sec-bnns
Section 44 Probationary ,Emp]nyees„
"Section. 45 Layoff and Recall: `Procedures
OTHER
:Section 46 Retirement Plan •
Section 47 'Discipline `
Secfnn 4`8 Grievance Procedure '
Sect~n, •.49 Employee .Job Training
Section- 50 Safety Committee
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 do as the Assocaatifln.
The parties . heretic desire tc~ con~~-'rm and maintain. the spirit of cooperatiDn
which has existied between the. City and its employees. The Assocatifln and
the City will strive t~ promote a harmonious 'relationship between ail parties
to this agreement that will result in benefits to the .City's operatwns and its
employees, and provide continuous and uninterrupted services.
A
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 shall be
construed. as .including both genders and not as sex limitatiflns.
1 -
~.~. ,
GENERAL
,~ e
SECTION I
RECOGNITION
For the purpose of meeting and conferring. with respect to wages, hours,
and conditions of employment, .the City ~ the extent permitted by law,
recognizes 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 in
DESCRIPTION OF UNIT.
2. T.;he term "temporary" shall mean any individual or individuals whose
employment is limited in .duration.
3. The term "full-time: employee" sha11 mean an emplpyee whose normal
schedule of work- is forty {40) hours per calendar week.
4. The term "part time employee" shall mean an emp]oyee whose .normal
schedule of work is less than twenty (20) hours -per calendar week.
5. ".Calendar day" means, the twenty-four (24) - consecutive :hour periDd
beginning at' midnight; and ending at midnight the fo]lowing day.
6. ''CalEndar work week" means a consecutive''?-day. Beginning at 0001
day 1 and continuing 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 date ,hired. by the City and shall include periods of City
employment outsi:de~ ~tle Unit, but. shall exclude periods. of layoff and
.leaves. of absence, except medical, in excess of `30 consecutive days,
including the :first 30 days, of such absence.
9. An emp]oyee is a, ~ probatwnary employee" .for `his first, six ,(6) months .
of employment. Peripds of; absence exceeding five (5) working days
shall not be counted towards completion of the probationary period.
SECTION 3
BEVERABILITY CLAUSE
1. In the event that any portion. ,of this agreement is dec]ared invalid by
a court of compgt?ent jurisdiction, it shall oat effiec~€ the vali~;+y of any
other portion of this: agreement not invalidated. Any portion he1Li
invaldi` .shall .be re-negotiated so as tD effectuate the purposes and
-intent of the invalid pori~nn if legally possible:
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NEGOTIATIO`N~S•
2. Negotiation P,erioci: The Assoc~atifln will submit in writing ~. the City
eat' es`s '-than ,ninety (90) . days, prier` to ~ the expiration date' ' of this.
Agreement any proposed modificat~ns to this .Agreement for the
subsequent: Fiscal .Year. Thee partzes~ ~~ will. commence Meeting and,
Conferring riot less .than seventy-five (.75') days prior ~ ;the expiration
date. of this Agreement =and will endeavor to' reach 'an agreement, in a
. _, _
w•rtt?en Memorandum of Under-standing for submis ibn to the City
CouncaT: for its determination.,. ,prior to the adoption by the City of its.
Final. Budget for the subsequent :Fiscal Year.
TE'R'M OF AG"REEM~EN'T
3. T-his agreement'is•..sub~ect to the :approval, of the City Council.o£ the
City of Petaluma.
4. .The Germs.,: b'enefit' and coriditinns of emplgyment grantied this unit •are
~~go~erned solely by this memorandum of agreement.
5 The terms of'. this" Agreement shall, :,commence on. July ~l, 1991, and
continue until the: expiration. date: of June 30, 19'94, and from year t~
. ~ ,year. thereafter uriless, written notice; is given by 'one party to the
other ;setting forth a desire ` ~ . negotiate;. ;modifications to this
Agreement gas' set. forth in Section 3,: `Parag"raph 2. ~.
6.. ; If such notice is given, by eit-her party, the; party ~receiving~ such
• gotice inay also during- "ensuing riegotiatwnspresent changes iri the
a reenient desired. by said ,PAY
7. Negbtiatoris upon the' moc~~~~ns or :amendments shall be ~ conducted
rom tl at a tune an
utually agreeable. do both .parties and' ,
p ee m.
P ._ P.. Y
' -shall continue through said period ~in an effort ~. reach agreement.
NO IN'TERFEREN`CE A'N•D N'O .-LOCKOUT GUARANTEE
8. The Associat~n and its officials will not, directly _or 'indirectlly,, take
part: iri any action against or:, any interference with the operations of
the City during. the term -of -this; Agreement.: .
9, The:.City shall not .conduct ~a .lockout of its employees. during the term
:'of .this; Agreement. ' ~ . .
- SECTION 4
N;O N-DIS C RIMIN A'TIO,N
1.. The City will not° interfere with or discriminate in any way against any
employee ;by reason of'~ his ~ membership in ; or activity. required' by this
Agreement, nor wilt .the City discourage' membership' in the :Association
..
or° encourage membership in any Father. Association.
The Assoc~aat~n:, in. turn=, recognizes its respon~;t„ i;+y as •em.ployee`
representative. and :agrees • to~ `represent all employees without
4
~discrminatinn, interference„ restraints, or coercipn. The tErms of
this; .Agreement shalt be applied equally to alt, employees, without
dscritiu;riatiDn as to age, sex.,. marital. .status,. religion-, race, color, '
creed national orir~in, or political affiliation; The Association shall
share, equally. with the City the responsibility for applying this provision
~ of the Agreement.
c
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,6 _ .. _
S-EC`TION 5.
ASSOCIATION SE.C'URITY
1. It is the - intent of this Article; to provide fore the regular dues of
Association members ~ be. ,deducted : from. their warrants insofar as
permitted by law. .The City agrees to .deduct and transmit to the
Association, dues from .all Association members within the foregoing
-unit wto "have signed an authorization card for such deductions in a
form agreed upon by the City and the Associati'nn. 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 authorizat~n for Association dues deductson shall remain
in full force 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' warrants.
4: T.he Association:, agrees ~ indemnify, defend and hold the City
harmless against any claims made of any nature whatsoever, and
' against any suit instituted against the City ariG;ng from ~ its checkoff
of Association .dues. ~ -
SECTION 6
D`U.ES 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 Artic~.le, 'the .City
will de-duet one month°s current and periodic Associatm7n dues based
upon a uniform dues schedu]e from . the ,pay of each employee who
voluntarily executes and delivers to ,the City the following
authorization form z
VOLUNTARY AUTHORIZATION FOR DEDUCTION
~ OF ASSOCIATION DUES FOR. THE
CITY OF PETALUMA EMPLOYEES ASS'O~CIATION
Name - Social Security No..
(type or punt).
Division and Department:
2e I :authorize the!_Ciy €c deduct .from wages earned by :me monthly Associatiar.
dues as certified to the City by the Secretary-Treasurer of the
Associatiom, and to ..remit the same to the Association at such time and in
such- mariner as may be agreed upon between the City and the Association .
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3,. This authorization and directinrn shall remain in .effect, from '
~ and
shall be for that pennd' of time,. provided, Yiowever, :that it shall not.
extend. beyond the term..;gf tYus agreement. This authorization and "
direct~n .shall be 'automatically revoke'd'. upon my termination of
employment with the City,
.Signature ~of Employee.
.~ Address of, Employee
. ~ ~ Date of Signing ~ `
Date' of Delivery to the- Cify
4. The;fiollowng certitieatian. fiorm shall be used by the ~Associatinn when
certifying` .membership dues: .
~C'ERTIFIC~ATION O.E SECRETARY-TR'EASU`RER '
0'F TH-E ASSO;CIATfiON
5. I certify that the membership dues :for employees in -thee unit is ,
_ -~
per .
.Signature -
Date .
(Secretary-Treasurer of the Assoczat~n):
Date of `Delivery to the City
6. Payroll deductions shall' lie made in equal, amounts from each regular
. pay checl~ provided, however, ttie ;'r,;+;a~ deduction 5or employees shall:
not beer. urilesss
1. A properly executed 10VoluntaryAuthorization for :Deducts'an of
Association Dues" is. on file with the City, and o
2. T,he.~ amount of the monthly membership dues. oerti:>?ed by the Secretary-
Treasurer' -of the :Association has been delivered to the City at. a
place designated' by 'the .City 'at least ten •(10) calendardays prior 'to
the last day of the pay period . ~ - .
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7 . Changes in the amount of thee, monthly membership dues must.. be delivered ~
theCity at a place designated. by the City at least thirty (30J calendar
days prier to the last pay. day of the calendar month prier to the change
becoming effective .
8. An ;employee may revoke his "Voluntary Authorization for Deductifln of
Association Dues", only .as provided by the terms of his Voluntary Authori-
zatinn . .
9. Alt sums deducted by the City shalt be remitted to the Secretary-Treasurer
of 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 madee,, together with a list of names and the amount deducted £vr each
employee for whom a~ ,deductiDn was .made... The .City will also: notify the
Association of the name of each employee w;ho revokes his "Voluntary
Authorization. for Deduction of Association Dues".
SECTION 7
S'TEWARD'S 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 writers, list of the Officers of the. Asso~atian and .thee Association
Stewards with the specific areas they represent, shall be furnished: to the
City. Notice of any changes of such Association Offices or :Stewards sha11
be promptly forwarded to the City in writing.
3. Thee number of Association Stewards shall not exceed three. Anychange in
the number of Steward's hall be made by written consent of both partiES .
4. Upon the request. of the aggrieved ,employee,, a Steward or Association
Officer may invesFgabe the. spec5edgrievance, .provided it is in his
ass.gned work area., and assist. in its ;presentation.. A reasonable. amount
P
of ~ tim 9 shall g afforded the P fewer g ,such grievance to the City
uive ~ atin such nev_ance. In resentin or Association .Officer while
the Stjeward or Assocnatzon Ofbcer shall be allowed. reasonable time. off
during regular working hours without loss of pay, subject to prior
natificat>nn. of his immediate Supervisor and with the concurrence of the
City ,Manager:.
5. Upon :request ~ the City Manager, a representative of the Petaluma
Employees Association who will be ,represen_ting the employee in the
grievance procedures .may visit. work areas 'at a time mutually agreeable b~
both parties for' the purpose of .preparing the case. Such visitation
rights shall be limited to a. reasonable amount of tune and .shall not
interfere with normal work operations .
6. ~ During such visit the representatives may inspect- any area relevant ~ the
grievance with the Association Steward or 'his designated representative .
_ .g _
SECTION" 8
B^U.LLETIN B~Q:A;R'DS
..
1. 'The City shalt ;prov.de the Association with space on `bulletin boards in
.areas w-here the Association, tias employees~~represents for the: purpose of '
;posting Association ':rioti,ces. Such °notces m:ay be. °posted Eby the Steward;
although :riot limifed to the follDwing notices, they 'may include:
:~1. ~ Recreational and soul event. of the Association.
' 2. ' .Association meetings. ~ ~ ~ ' ~ .
p 3: - Association elsctioris; appointments.
4 . .Results " of A ssociation~ ~ elec.-tions .
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 Managers :of the nature of; the •dispute and .the disputed material wi71
be removed from the bulletin boards until the dispute is resolved... .
S;EC~T,IQ N~ 9
EX'CU$ED ABSEN`.CE
1. ~~ An employee who is eleebad or select-:ed' b,y the .Association; upon the
written. ;request of the Secretary-Treasurer of the AsSociat~n_., may be
granted an :excused absence. without pay- fir a period, not ~ exceed .five: {5)
days.. per ,year do attend' conferences or. conventions. ".Not more than on'e
employee will be granted' ,an excused absence at any .one tame..
S'~E.CTS~ON 10
' ~ ASSOCIATION/CITY MEETINGS'
1. At the re "uest of either `'the.. Association or- the, City,, confierences ;shall ~be
q
held. for the purpose of consirlerin`g matters of mutual'~interest,. other ~~ttian
:mutually 'acceptab]e~ ar-rangeinents; as ti~ time and place :can be~ made.. Al].
such .conference"s ha]l be arranged, through the Steward of ~ the Association ;
or his designated representative,, ~ and a designated representative: of the ~.
...
City ;Manager.. Representatives. of the Association, not,'tio exceed. two (2:) ,
..
' shalt not ;suffer loss'- of bane or ,pay when absent. from their~'iormah ~ .
schedule ;of work-.fiat the ;purpose of attending a conference. Conferences
may 'be,;at~ended 'by representatives of Petaluma Employees Association.
Benefit;`p]an review and proper classification assignment will`- be
appropYa6e sub~ects• fir ;conferences. ~~
2, ;It is under food that any matters discussed., or any action taken pursuant
to °such conferenoes,. shall in no way .change or alder rainy of the provisions
'qf the Agreement, or the rights of either the City or the Association
under the: terms, of the Agreement.
® 10-
SECTION 11
W"A'GES
1. Wages shall ;be paid in accordance °wth the wage schedule set forth.
below .
2. T'he pay grade- assigned to each- existin g classification a nd ttie pay, _
g"rode assigned to each new ;or changed cla sific atiDn ahall "remain in
effect. during the term of this: agreemen
' t unless the job content of a
classifi~atinn is substantially. changed: -
A. EFFECTIVE JULY 1:, 199,1 "
CLASSIFICATION ~ I TI~ III IV V
Custodian ~ '. '.10.00 10.50. 11.03 11.58' 12.:16.
Electrical Maintenance Worker II 14.03 14.73 15.46- 16.24 1`7.05
Electrical- Maintenance-Worker I~ 1'1.39 11..95' 12(.55 13.;18 13.84
Equipment Maintenance Lead Worker 15.62 16.4Q 17.22 18.Q8 18.99
Equi~anent;,Miechane 1:4.55 15.27- 16'.04 16...84. 17.68
Equipment Service-:Worker 11.53 12.11: „12;.71 13.35 14:.0'2
Facilities Maintenance. Worker 13.55 14.22" 14::.93 15:.:68 16.4:7
..Maintenance Worker ,III Docks/Bridges 12..34 i2.96~'' 13.61 14.29 15.00
Parks.. Maintenance,Forewnrker 14.32 15.03'.' 15.78 16,:57 17.4.0:
Parks Nfaintenance..:Lead. Worker /~ ~ ~ T3.31 13.;98 ~ 14::68. 15`.41 16.18 ~.
Parks Maintenance: Worker- III:. ~ ~ 12.34 12.96' ~ ' 13:61. . 14'.:.29 15 ..0.0
Parks Maintenance:; Worker II ~ 11.76 12.35 12;.97. 13.62 14..30
.Parks Maintenance° Worker I ~ 9.63 10.,11 , 10.62 11.;15 11. TO
Str
eet Maintenance Leader Worker
13.3:1
13.,98 ',
14.68
1.5'.41
:16.
18
Street Maintenance.. Worker .III' 12.34 12 ;96 ° 1;3.6.1.: ` 14...:29 _
1'S .'00
Street Maintenances Worker, II 1T.76 12.;35 ~ 1'-2;.97 13:62: ~ 14.30
Street Maintenance Worker I 9.63 10.11 10.62 11...15 1.1.70
Supervising, Custodian . ~ 11., 75 12.;34 ~• S2'. 96. ~ 13,..60 14.28;
Uti.lty'Service Lead Worker ~ ~ 13.31 13.98 14,.68 15..41 1.6.18.
Utility Service Worker III 12.34 12.:96 13.61 14.'29 1-5.0.0
Utility Service 'marker=~ II 11..76. ~ 12.35`- 12':97 13:.62 ~ 14.30.
Utility Service Worker I 9.63 ~ 10.1:1 10.62 `. 11.,15 .: 1.1.70
Water Service.,Representatve . 12.29 12..9U 13'.55 14.2'3 14.94.
Water Serdi.ce Worker ~ 12.34 12,::96- 13.61 14.29 1'5::00
Water Systein.Operator 13.13 13.78 14.47 15.2Q 15.96..
Water Utilities-Technician 13:08 13.73; 14.4'2 15.14: 1.5.89
B. Wages. fog Fiscal Year. 1992/93 shall be adjusted by the Consumer Price Index
'(A11:Urban~San Francisco) based on the February/Febniary Index. 'If the CPi
Index is between 4..
1~
rate.. If the rate shover 6$Othe wageseshalllbe ad3usted 1/2~.for each fu
(i.e. 6...25$ CPI = 6~ wage 7,,0~ CPI =-"6:5~ wage}. If the CPI falls below 4~
wages sha1T be reduced by l%2$ for each full.l~ ~~
drop (i.e.; 3.75~`CPI = 4~
wages, 3~` CPI = 3.5~ wages)` . ~ '
C. Wages for Fiscal Year 19:92/93" and 1:993/94 shall be~ calculated, in the.:follow~r.q
manner.. .
Equity :based on, the"-1'989 Study wi.th., 1/.3 remaa:ning equ"ty effective July L,,
.:1992, plus .'7$ and 2/3 remaining equity effective July„1, 19.93 plus .7$.
D.. Salary:. X (Equity + . 7$' + CPI) will be the formula `used` "to calculate. the • new `
salary ranges. ~ .
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SECTION 12
0 VE`R;TIME
OVERTIME PREMIUM
1. All hours: •worked in excess of eight (8) in .any :one day or in excess of
forty (40) in any- wor-}c week shall be paid for 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.
REST PERIODS DU-RING OVERTIME WORK
2. Whenever ,practical, emp]nyees who for. any reason work beyond their regular
quitting time into the- next shift will be afforded a fifteen (].5') minute
rest period before star-i~ng work on the next .shift. Im ~addtinn., they
shall. be granted the regular rest period unless an emergency situation
occurs or exists.
REQUIRED OVERTIME
3. If an .employee is required ~ work more than five consecutive hours
without a meal period during a regular work him, the employee shall be
.paid at the rate of time and one-half (1-l/ 2) for all time worked in
excess of five (5) hours until such time as the employee receives a meal
period:.
SCHEDUhING OVERTIME
4 . In general, overtime work ~ shall. be voluntary,, provided, however, when at
least twenty=four (-24) h__ours advance notice of ari overtime assignment is
given or when: •it is oat practical to give advance notice, an employee.
will be expected tD work.
bISTRhBUTION
5 . • Overtime - shalt be` . distributed as equitably as possible, without
favoritism, and in the best. interests of the Gity, among the `members of •
the department w,ho are qualified to perform. and who have demonstrated the
. ability tin perform overtime services effiraently.
HOLIDAY :OVERTIME
6. A'n employees required to work' a .paid holiday, shall receive, in addilinn to
the eight- hours 'holiday pay, further compensation at -the overtime rate for
the actual halrlay wor-ked .
SECTION L3
CALL BACK PAY
T. An employee w.ho is called back to work. after having completed his
regular shift and left.. the City premises shall receive a minimum of two
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{ 2) hours work or tw,o (2) hours ,pay , at the overtime rate:. To the
extent an employee .is pain overtime premium pursuant.: the overtimes . .
schedule fisted above`, he shall. not be :paid. overtime premium under the
call back sectinn for the same tune. worked. This paragraph shall. not
`apply to~employees who :are called in early. for a shrift, ~.e.., when the_,y
`work coritinously from the tune they are .called in until the~:r regular
shift begins. -
SECTION 14
S',T.AND_BY PAY' - .
STANDBY DEFIN~~ED~
'L Weekend ,stand-'by,,, izir the purposes of this Agreement,, .shallmean
' time , which a scheduled, _employee ,must be available on an on, call- basis
outside' the employee's normal, work week,,in order ~ ,be , avai]able to .
respond.. to .emergency calls . .
WEEKEND STANDBY
2. Effeetiye Jury, '1, 19.88 a minimum', compensation of $90:.00 pay fior each
weekend of stand-by from 4,:30 p,: m : the las£ day of he normal work
week,; to 8x00 a.-m,. the beginning, .:of, the .normal work week.
HOLIDAY `ST"A:ND=BY ,
3 . For a -City .designated;,, fixed.-date _ holiday that falls in the five (5) day
work. week, :a minunum of $45:.00 pay wi]T be paid by the City to an
em"p]Dyee,on such holiriay stand-by., beginnings at 4.30 p.m or the end.
qf. regular work ~ period and continuing to 8 . Q0 a. m , ,of the,, -next. regular
. work day. or weekend-. .
CALL BACK WITHIN A WEEKEI~TD/H,OLID''AY- (STANDBY:) `
4,. A mnun.um of one hour at time .and :one-half shall be paid by the City
for every ~cah or assignment required,
SE:CT30N.`15
RATES OF- PAY ON FE~RMANENT T,RAN,SFE'R TO ANEW CLAS:SIFIGA'TIO°N
1. When .an: employee is; promoted:.,. he• shall 'be paid the Hourly rate 'next hiq h
his own within ttie pay `grade fnr the c]as -'_ ati~n~. to which he was
promdbed - ~ .
2: ~Wahen an employee is transferred. from one classification ,tom another
classification in. the ,same pay grade, `his hourly rate shall remain the
same .
14-
3. A permanent or probationary employee who is transferred tD a class with a
lower salary without a 'break iri service will receive the same rate of pay
he received prier to the transfer. Such salary shalt not be .increased
until the time that a higher salary of the class ~ which he was
transferred equals.. or exceeds -his 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 shall be in accord with
the personnel rules .and regulations. The. provision of this rule does
not apply in cases of di5c:iplinary demotion, demotion in lieu of layoff,-
or voluntary demotion. Effective .July 1., 1987 when a person is
involuntarily assigned do a lower classification ~ tie .shall receive the
Iflwer rate of pay;,. effective the first day assigned to that
classification .
SEGTIO'N 15
TEMPORARY ,WORK OUT O.F CLASSIFICATION
1. An emp]nyee .ho].aing ~ a classified position may emporarily be assigned the
duties of another position for a period not, to exceed ninety {90) calendar
days during any ,fiscal. year'. The employee shall receive either the next
higher step in~ the classi~atifln to which he is assigned or a 5$
increase, whichever is greater.
SECTION 17
PAYMENT FORMISSED MEALS
1. The City shall 'pay $6.00 t~ an employee who is requested and who
does.. work two (2): hours beyond the employee's normal quitting time
and has been prevented from eating a meal after such quitting time.
. SECTION 18
TERMIN.ATIO:N PAY
VACATION PAYMENTS UPON TERMINATION
1. Upon termination, voluntary resignation, or retirement after one full
year of continuous' aervi,ce ~~ with the. -City or 'more, the employee shall
receive a' Tump sum payment fir all accumulated but. unused vacation
time. 'Two. weeks advance. 'notice in writing should be ~ ,given tD the
City of the termination date..
HOLIDAY AND .C`OMPENSA'TORY TIME- PAYMENT UPON SEPARATION
FROM CITY SERVICE .
2. Emplflyees separated from City .service •shall receive. a lump sum payment `rr
all accumulated but unused compensatory time g "ranted in lieu of holidays
and, all other accumulated compensatory time.
-15 °
RE,T.IREM°ENT SICK LEAVE' PAYOUT'
3. ~nthe event of .:death or retirement, an employee who has completed _
` (10) years or more' with.' the. City shall receive fifty° ;percent ~(5,0~')
of his accumulated but unused sick- leave:, not to exceed
sixty (,60)
days,.
COMPU:TA,TION 0'F SEVE?R;AN'CE ALLOWANCES , _ ~ ,
..
4 . ~ Compensatipn for vacation, syck 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 CO,NT'RIBUTION
ity g p' y
System 'in the m`o nt of 6~ t of the- employees' Public Employees' Retirement
T.he City ..also agrees to defer the- t-~xes on the remauing ~ emp7Dyee..
contribution . - .
. S'E~C'TIO'N:' ~20 ~ ~ ~ ~ ~ -
S'M,O;KING CESSATION PLAN
The. .City agrees to provide, any- member. :of thee. Unit up to $50,00 for
complet~n of a smoking cessation: ,program ,;, upon- .receipt of a certificate of
completion.
SECTION' 2I ~ _
WORK B,:QOTS
;The City shalt pay $50.00 per Fiscal. Year for work; boots . upon, receipt
being provided do the Personnel Office. If the boots cost 'LESS than;. $50.00
the .City shall pay 'the amount of~ the invoice:
SE,C`TION 22 '
CO;I~IPEN.SA.T`O.~RY TIME P°AYMEN~T
All accumulatied ,compensation time as of .A,pril 30, but ;5~r forty- :hours, will.
be paid to then employee by the City. ~ .
' -l5a -
SECTION 23
HFALTH IN`S:UR-AN"CE
1. Active; ,Employees
City of P,,etaluma Group Medical-Hos pital Insurance Program. ~ .
The City ~ shall 'proyuie ~ for. a group. medial hospital, in_surarice coverage
program for- .City employees in this;.
~ unit.. The City ~sh'all pay during
the period
of this memorandum the. following amounts for. health .plans : .
Kaiser, Health Plan of the 'Redwood s, and the County of- Sonoma Health
Plan . .
Begining July, 1, ~1991~ the emp1D,yee
' contribution to the health plans
shall be
as follow s s
`Kaiser , H P R Sonoma
EmP~Y~ $ - $ - $ 28.61
. EmP~Y~-+ 1
~ $ - $ - $ 48.43
' ~ Employee + .2 $ - $ 12.00 ~ $ - 63 :'94
Beginning July :, 1992
~ the employee contribution, to `the. health plans
sh_all be as fohows:
K aiser~ H P R Sonoma
Employee $ - $ - $ 28.61
Employee + 1~ $' - . $ - $48.43
~Emp]oyee + 2 '$. 12.00 ~ $ 12.00 .$ 63:94
Beginning July :1, 1993 the employee: contribution tc: the health plans
shall be as °follows:.
Kaiser H P R ~ Sonoma
Eiriployee $ - $ - $ 28.61
Employee. + 1 $ `15,.,::00:. $ ..10..00 $ 48.43
Employee +. 2 $ 15.:00 $ :15.00 $ 63.94
2. Retired .Employees
.Beginning. July. 1:, 1993 •employees with twenty years .of service w:ho .
retire, aftier July 1,; :1;991 shall receive °a cash contributions from the
City in-~.fhe amount of $100..00- per "month... This contribut~n shall
remain is effect until thedeath of the employee.
SECTION 24`
LIFE IN S U R A NC E
1. T,he City shall provide; -liar a group term; ]ifie insurance ;program fx~r
City employees in this unit: The City shall:.pay,,, during the course .of
:the. Memorandum of Understanding, the insurance, 'premium towards
.employee only coverage fir such uzsurance in the ;principle, sum of .
. $15:,.Q00 peremployee. .
17
i
S'~EC'T.IO N 2~5 •
DENTAL INSURANCE
1. The City shall provide for a' group: Delta Dental Insurance Program for
City emplflyees and dependents in, this unit,. AdditiDnally, the City
shall contribute sward an Orthodonture plan .$.1,000 per child at a 50$
co-payment rate.. The City shall pay, during the period of• this
Memorandum the full premium toward the City groin dental insurance
coverage program .
_ SECTION 26
LONG-TERM DISABILITY
1. The City shall .provide fora 1Dng-term .disability plan. The premium shall
be paid for ~by the City.
SECTION 27
` VISION INSURANCE
1. The .City shall provide aVision- Plan for employee and dependents..
The premium shalt be paid for by the City.
- 18 -
~SECTIQN '28'
VAC:ATIO`NS
GENERAL
1. The' purpose of annual 'vacation leave is to .enable each eligible full-time
empiflyee annually to return to his work .mentally refreshed . All employees
in this unit shall be entitled. to annual vacation with pay except the
following : r
a. Full-time employees who have served Is~ss than 12 months in the
service . of the City;, however, vacation credits for the time shall
be' granted tb each such employee who -later receives permanent
employment.
b. Employees who, work. on a ,temporary basis. and all part time
employees who work .less than 1, 040 hours per year..
2. All permanent employees of this unit after serving at least one full .,year
are entitled to the equivalent of teen (~l0). working, days" of vacation with
pay in the next. succeeding. anniversary year of employment. All 'permanent
employees of the .unit, after five (5) years of continuous servile ~ with the
.City and commencing with the sixth year,,. shall'be entitled to fif'6een (15).
working days of vacation, with pay per year. After 10 years of service,
one additional day' of vacation shall be. added for each additional year of
continuous service do a maximum of 20 days. vacation. If an employee
wishes to take more. than twenty .(20) consecutive working days of vacation,
he shall have the• prior appr-oval of his department head and the Ciay
Manager.
3. T,he time during: the. calendar year which an employee may take his vacat~n
shall ~be determined by the department head with due respect for the wishes
of the employee 'and particu]ar regard. iz~r the `needs .of the, .service. If
the requirements of the servile are sueh~ that an employee cannot take part
or all of his annual vacation in a particular calendar year, ..such vacation
shall be taken during the fol]owing calendar .year..
VACATIONS -ACCRUAL.
4. Except. as'provided-:above, an employee .shall .riot accrue any paid vacation
time during :any leave. of absence without. pay or during any 'calendar month
in which' lie is absent without pay for fii~een (15) or more working days:.
5 . ~ Paid vacation dine. accrues and_ is recorded at the end- of` each calendar
month of employment. .
6. Nq emp]oyee shalt accrue paid .vacation time in excess 'of two (2) years
vacation leave. The City shall .provide a print out to the Association
showing the vacation balances in November and May of each Fiscal
Year, `
EISGIBILITY .~
7. No emp]oyee. shall be eligible fir paid vacation time or .receive pay in
lieu of vacation time before .it accrues..
20 -
P°AY IN LIEU OF VACATION -TIME
8. An' employee wilt receive,, pay in. .lieu of paid.. vacation time (i.e. ,
without ta~kin,g actual time off fromwork')' only under the follflwing
circumstaneess -
-a•. 4 Retirement; or ~ ~ -
°.
b. ~ S'tart'of a:leave~ of absence without:.. pay ~r more ";than 90 days; or
c. Resignation requested by. the .City; or
-d. Resignation, the UniDn ball :advise its members -that 'two (2) calendar
- week`s ad~aiice written riotice should be given bo the, City.
e'. Death, in which case. an heir' or hears will; be paid,-;
9, Pay ~, lieu. of w.acation shall:, be at the employee's <hoirly. `rate times the
number of hours' of accrued. vacation time. '
SCH,EDU•TsN'G OB PAID V'ACATION~ TIME
10;, ,Paid vacation time shall... be~ requested • in advance 'by employees ~n
accordance with. procedures establisYied 'by the Cty.,..exceptthat when
.extraordinary ~c~rcum_st3nces occur beyond the control;~of the, ;employee,: the.
employee may 'be permitbe'd fio reschedule his vacation at a time mutually
agreed, upon .
11. The. first day, off, ;shall be eonsadered as a Saturday for irregular shift
p ~ y ,purpose of com utui• vacat~ns :and; com ensat~n fo
em - In .ee P :for, the" ~ Y q p ~ g ~ p p ' ~ r
.such em ]o, .ees. An.. uesE~ns .relative to triter retortion of this
- ~ section. shalt;. `be resolved' by the- City Manager. ~ whose determination
shall be final. ~ -
H:OLID,A.YS WITHIN VACATIONS
12. In the event° that one or more of the municipal holidays observed on'
the spec~£c day falls within, an annual. vacation- leave:;. a"uch holiday
shah not be charged as vacation Ieave, -and the vacat~n, ]Faye shall be
extended according,. -
SEC':TION 29
SICR LEAVE
ELIGIBIhITY. .. .
1. ~ ':Sick leave with pay:ahatl, be granted. to all Unit, 2 emplpyees as' set
firth 'in Phis: ;section. _ Sick leave; is not a right w~hach an employee: may.
use at `has dascretion~, but' rattier:, shall. be used -only in ease. of .
".personal illness, disability or-'the, serious illness or injury of an
employee's family member which requires the emp]oyee's' attention,: T.he.
term family .members shall include: spouse, children,, parents,, spouse's
~parents~•, brothers;,. sisters, or` other' inclivduals whose. ¢relaticriship to . '
the emplDyee~ is that 'of: a ~ dependent° or near dependent, except. no sack
]Faye sYialh be payable fier; any .injury,` or absence- which; -results' or
occurs as follows: ~ .
.. , 2.f1
1. Intentionally self.'.-:inflicted..,;
.2~. Participating in, .any criminal act; ~
3 Participating in a riot; '
4.. Working ,for an emplflyer other than the City.
2. - Neither shall any sick leave bey payable (1) during a vacation except when
hospitalized or equivalent confinement, or (2) during a layoff, leave of
absence, or discp];inary ]ayoff.
3. All 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. Sick leave shall accrue ~' a1l full-time employees at .the rate of one day
fvr each month of continuous service. No employee shall accumulate
more sick leave in any 'year than provided.
5. Sbk wave shall continue to accrue while an employee is on vacat>nn, 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 too one day sick leave with pay for each month worked .
Employees hired ~on . or before the 14th of a~ calendar month shall be
credited with one day of sick leave at the- end of that month. Employees
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
S . For the purpose of charging sick leave, the, minimum sick ]cave chargeable
will be 'one working hour: ,
SICK ..LEAVE, GENERAL
9. On taking sick leave tune,- the employee must notify :his department head
either prior tio, or' within thirty minutres iffier the- time set fir beginning
his daily duties'. If an employee's duties begin before the switchboard is.
in operation, - he must .notify the department not ]ester than 8:30 a, m .
10. 'Sick leave shall not be vonsi,dered as. a right which an employee may use at
:his discretion, buff a privi]ege 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,
theCity Manager. or ~ Personnel Officer may require a doctor's
certificate. for. such sick ]cave" absence.
Upon review of an emp]oyee's Sick Leave Record, and where there
appear-s to `be' a pattern of abuse,. the Supervisor shall rivtify the
22
emplD.yee amd'.the ;Association Regreseritative in order to discuss the
,-
sick leave, usage. The Supervisor wi71 lave the optwn to' immediately
require a Doc-tior's Certificate for any future absence's: This would
• constitute a Verbal Warning.. ` If the abuse still continues, the -
Supervisor may initaate_: a suspensnn and/or dismissal -ac~n through;
the procedure ~ outlined iri the Personnel Rule and Regulations..
1;2. If an employee has not recovered by' ahe time he has exhau+sted `his
accumulated sick leave:, the City ,M,anager:; ,upon .receipt' of such .request in
writing; may grant him leave Hof absence, not to 'exceed thetime l~mitafsons.
'of Section 30. '
13. Upon the expiration of a Leave of~ absence quoted under Section. ~30, -the .
employee,; shall- `be `returned. t~ the same, class or posi~n ors do any
posi~n to which .,he had been. eligible ~ transf=er at ;the time his leave
of .absence was granted, provided he furnishes medical certi~:catinn of
ab' ` • to erinrm the
alty p pos~n fir which he: is P~ hle. _
14 , The . City Manager may revoke pay an'd sank leave tune if the: ~ employee is °not,
in fact sick, or if he .has engaged in private or other ;public :work whits
on such weave':. ,Abuse. of sick leave as fated above. is suff~nt .ground`s
for dismissal. ~ , . .
L5. No penalfnes shalt .be imposed on employees fbr taking 3ustitable sick
leave to: which the employee is eligible . .
SE.C'TIO'N 30•
B•E-REA:VEMENT LEA'VES'
1. ~ In the event of the death of an emp]gyee' spouse, mother,;
grandparent,. st7ep-mother,; mother-in-lbw, father,: step-father, •
father=iii-law., `.brother; 'sister; brother=in-law.,• sister-in law,; or child;, '.
..including. •an adopted child,.. an "employee: who attends the funeral shall.
be granted tune off work with: pay. T°he; amount of time; off- work with
,.
pay shall be. ~ only that which is required' ~ attend .the funeral and,
- ~. •
make necessary funeral .arrangements;. but in nog .event shall .it exceed,
three. (3) wgrking days.. These 'three- :(3~) days shall. oat be chargeable
t~ sick leave.. An. addit~nal-two '(3~) days, required :for necessary
funeral arrangements ~ may 'be charged .tq the •emp]ayee's sick "leave., any
additignal finis beyond these two days. ;may be. charged, ib accumulated -
oompensatory time. or leave without pay . .
SECTION 3.1t
• H;OLID•A'YS
1. Authorized; City observed;, ~~pai,d holidayss -
A:. The .City will desi.gnatieeleven (11) paid,; .fixed-datie 'holidays° for
employee§ 'in this unit. Such holidays. hall, be esfablshed, fior the
City's fiscal year :as determined ~by the Cif`y Council Resolution.:.
- 23 -
~:8. During the fiscal year of ':the Memorandum of Understanding., for those
employees -:hired on or' .before: July 1 of that Fiscal Year of the
Memorandum of Understanding, the. City will authorize one (1)
"Floating Holiday" per employee., which may be taken by the employee
during- that Fiscal `Year at a time selected by the :employee, subject
to operational requirements ,and approval as 'determined by the City.
2. The holiday shall. be 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 hourly rate for the
holiday, provided the. employee meets' the following eligibility
requirements.
4. He works his last scheduled work day prior to. and his first scheduled work
day following the holiday, unless failure to work 'on either or .both such
days is excused because .of (1) personal ,sickness or injury, or (2) other
extraordinary ci_rcumsfances beyond the .control. of the employee proven
- the satisfaction of the- City Manager which cannot be corrected in time fr~r
him to meet his. emp]oyment obligation . -
5 . Observance by an 'em,ployee 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:
1. Time charged.. ~ accrued .vacation allowance; or
2. fiime off without pay -
SECTION 32
INDUSTRIAL INJU'R`Y LEA`V:E
WORKERS' C'OMPENS'A'TIO;N
1. Benefits shall }Je payable in ituatiDns where:"employee absence is due #io
industrial, injury as provided in California State `Workers' Compensation
.Law.. The .amount of disability payments paid to .the .injured employee shall
be deduched from salary payable. t~ the: employee while on sick leave .
During; the .first. ten (10) calendar days of absence ivr industrial
.disability',: the City wih~pay employees an amount whibh when added.. ~
their Workers° Compensation benefit will equal their regular salary rate.
This. supplemental amount shalt not: be deducted from.. ahe~ employees sick
leave benefit: In the case of absences beyond ten (10) working days., the
employee shall be entitled. ,to use two. hours of sick. leave per day to
.supplement workers compensation benefits. The injured employee may. choose
to receive wor-kegs' compensation payments only, without City payment. for
salary at no loss of sick leave. Sick ]save iidr industrial injury shall
not bey a]lowed ;5or 'a disability resulting :from sicckness, self-inflicted
injury or willful misconduct.
- 24 -
,- ,'
~DET:ER"MINATTON ,_O'F INDUSTRIAL DISABILITY' LEAVE.
2, :Excerpt as otherwise ]~mit~d by t:Yiis Section.,, the ":amount of: industrial"
disability income available do an eligible employee shall be determned
by multiplying the :number..of hours:, riot to exceed eight in. a "calendar-
- day:. nor forty` in a calendar week,- of time°`'lost from ,work ;because of
the disability, times the emp_Icyee's` hourly. rage at the. time. the• injury
occurs.
NOTIC<E AND; RROOF OF INDUSTRIAL DIS'ABILIfiY .
3'. ~ No ,industrial disability, leave' shall be permitted. unless the employee's
superintendent; is: notified:, ~of the mature of the disability and the •
probablE c~~ ~rat~n thereof ,as anon as •possible, but in no event later than
-the conclL ~n of the current work day, except when the failur-e ti~ notify
is due to .-cumst,ances be„yond the .control of the; :employee,.." T;he injured
employee ~-~`ust~ complete: ;a notice of injury -form ~rittiin the time linuts •
statea~. - -
4 . In, .all, cases on returning tip work, pan employee .claiming,, or 'liavi:ng
received., .'industrial disability leave must. certify on a; form "provddeed by
the City,. as follpws: :
' 1:; The nature of the industrial disability wh~h prevented, ,hin from
working, including time~,~ dates,,. 'and circumstances; and whether or not -
under the care of the .City's physician..
2 .. The amount ,of time Inst. froiii work in hours because gf the! ' disability .
3. The name: of ahe ~individ~ual to whom. notification •of the acci:dent~ was .
_ given or the .reason notice was not given, •
4, • A release''from. an approved ;StagComp physczan stating that t:he -
employee has recovered and. is capable of returning to work .
5. In_•the event; that facts and circumstances indscate that the employee ~~ ~,
•, , ~ _
' may not .;be° P?~.mh]e bor. ~ industrial disability leave as elaimedF,, ~ •
r- _ ,
evidence of industrial disability may be requested' such:. as a
physician's statement- of -the industrial disability..
6 . ArtxItrary fa;l'trrrn or refusal to . fA]low- accepted. medical pr-actr.•e in
.,treating.. a disability shall be reason ~ fior discontinuing or = ~ ~ ,
,.
` ~.withhalding: industrial disability income.
5EC,TIO::N" 33 . "~
• ~LEA.VES O;F A•BS•ENGE WIT,HO'UT P>AY,
METH`OD' `OF ;REQ,U~ESfTI1QG' LEAVE$ OF A'BSENC'E "
.. _ •
1. An; employee who desires a.. leave of :absence; •from work without pay .hall
file :a .written. request wifh; Attie Departsiient Head on fiorms provided by, the
• Personnel. Department, stating the title. of~ his position, the beginning
.25
iiY~
and ending dates of they requested leave and. a full statement of the
reasons for'' such request. ~The..Department Head may grant or deny such
Dave for a period not "try exceed th"ree caork days. Request for additional
have must be submitted in the-same manner to the City Manager.
GENERAL CQNDITIONS
2. During a .leave of absence, an employee will not:aecrue vacation nor be
eligible for-_ any payments for time off work as provided. by this agreement.
3. Subject do 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 atal 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
oontr-butiflns fin the Employees! Retirement Plan. are discontinued and
benefits ao not accrue.;: nor' can they be withdrawn," nor are they fiorfeited .
PERSONAL LEAVE
5. An employee for _personal reasons may be~ granted a leave of .absence without
gay by" the, City- 'for a period not to exceed three (3) months. The leave
may be extended fir. additional periods, but in no case shall a leave and
extensions exceed `six ("6) months. A leave for personal reasons as
herein provided may- .note 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:,. :inay be granted a leave of absence without pay
upon request, iri writing and the furnishing. of satisfactory evidence of
sickness or disa~h+v.; The evidence. of disability may be furnished by
any person ,having direct' knowledge of the sickness or disability. 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 ]ess.
7.. For continuing. disah;li+y , extended leave of absence without pay' may
be granted 5or a period up to six (6~) months. unless further .extended
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 . satisfactiory proof of disability, a showing of
reeeiving~ continuing `and . appropriate. medical' treatment, and the
.furnishing of a physician's .opinion that -]cave of absence is warranted
for medical° reason and. that his ,prognosis is 'that the employee will be
physically fit <bo: perf'orin his duties at the end of the requested leave
of absence. ~ In.. the event, the employee's phy`sician`s prognosis and
report is, eq"uivocal, .the City may request its physician to submit his
independent report.
-26-
8. In order t~ be eligible to return, ~: ;active; emp]oymenf; the employee,
returning fi~om a medical leave of absence must provide, at, least
fourteen (l4J ,calendar days ;prior. to the end of leave'., a:~'statement from
the.. employee's physician "re3easing .the employee .bo .returii~ to work . Lf
_ , _. _ ..
the: employee. cannotreturn try his' former position, he .will... be placed in
an eligible category for a classification £vr which ,;he has the ,ability to
perform. the. work.
9. The City, at its option :and without: cost. tD the ~ employee., ~ may require
•
that a physician orphysicians of its choosing' examuze tYie employee'
before returning 'him, to active employment. '
• ~ .:
'SECTIQN 34..
ANNUAL 'MILIT•ARY: DUTY
1. An employee may be absent on military 'leave as` authorized: in. Section 395.
through 395, 8 of the- Military- ;and, Veterans CodeR: of Cali£~rna. ~T'he
employee; -shall 'fturnish to ttie City Manager atisfact~ry proof:-of.' his
orders toy re rt fior .dut and of tus actual 'service: ursuant to s.
:order;-s. Em to ees with less than one (1_) take.-
P Y ~ y - year City serviceshall ch
: such leave , uiithout .compensatipiz ~ from the City or as provided in the
- :Military and; Veterans Code.:. ~ Armed Forces~• reserue or nationai guard: base
pay !shall. `be offset against,, such° pay . ~~
2. If any employee receives! `vacation pay during a period. of training or
service,, he shall not be ehg3lile fior; :the military .leave provided .by this '
article for that. period of time ~r which he receives vacation. pay.
SECTION 35 .
ALLOWABZE° COMPENSATION WHILE; ON DUTY AS, JUROR' -
1. Every: classified employee ~ who serves as a .trial juror: or is compe]led to
. a ar on befialf of the C . .'
ppe ~~ under sec-vice - of process;, ,shall, be
entifled 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 :result of ;such °••call: The employee shall -be'~ pair3 the: dffierenee
.. between,. the em ]o ee's -full -,
p y. sa]ary and: any -payment .received by the
employee:, excepting aravel pay, for such duty:. However,; such, ti:ine
shall :note be oonsde "red. ,as tune. worked for purposes of Sect~n: 12 .
`2: For the purposes -of~ this. Section, time served as a juror- .or as . a
witness° oompehed to appear on behalf of the City under subpoena; by
~an. irregular° shift; employee- shall be ~paisi: time nat. ~to exceed the
_._
number ' 'of.. hours the employee would have , wor-ked; on :such, day .
However,. .such , dime shall snot .be consi.d'ered .as - 'timer , .worked fir
.purposes :of .Section: `l2 o It is the intent- Hof' this Section ,tp :allow an
employee. compelled ;by ]aw do 'appear as a juror or witness tio~ compute
that tine as a portion of theemployee's work day so_ that ttie employee
wiYl oat be~ required toappear in -court under service of: process and
also work. a shif€~~- floc; the. City during one twenty-four. (_24) hour
-,period, - -
27
S'E C TIO~N 3.6`
MEAL- AN:D REST PERIO``DS
1. Alt 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 sha11 be
without pay .
2. There shall be granted a rest period at a time, place and manner that does
not interfere with "the efficient operatifln of the Department. Such rest
perioel shall be with pay and shall not. exceed fifteen (15) minutes for
each four (4) hours of work. .The-rest-perir~d is intended to be a recess
to be preceded 'and followed by an extended work period. Consequently, it
may nat. be used: to cover an emplflyee's late arrival to work or early
departure, to extend the meal period',. nor may .~ be regarded as cumulative
if oat taken .
SECTION 37
COMPENSATORY TIME OFF
1. Employees may receive, in lieu of being paid fbr 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 shalt be paid ~at time and one-half.
The employee may. take Compensatory Time Off up to .maximum of five (5) days
at a time sP~ectied by the employee, subject. to the operational
requirements 'of .the City and with approval determined by the City.
SECTION 38
BONUS HOLIDAY
The City . of Petaluma and; the Petaluma Employees" Association agree that fir the
berm of this' Memorandum of Understanding: an employee who does not use any sick
leave during the .period 'between July 1, and June 30, will be awarded, one (1)
bonus holiday during the .fo]lowing Fiscal Year.
- 28 -
P,R~,O~CE~D;U RES
SECTION 39
NEW :OR .CHANGED C.LASSIFIC,ATIONS
1. In the event, a new classi_f;:cation, is established., the City shall assign it
a pay ;grade. based; :upon the work ~ 'be performed after comparison with
other classifications.
2. The City shall provirie the Association with a written classification
description of the new or changed classification which shall describe the
convent sufficiently to identify the classif.cataan .
3.. Upon receipt of the City's description, the Chief Steward of the
Association, or his designated representative, "shall be afforded an
opportunity' to discuss: the new or changed. classification and assignment to
the pay grade .with the .City Manager .or ,his representative. If 'the
Association does oat request 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. __
S~ECTIO~N 40
SENIQ;RITY
STATEMENT OF PRINCIPLES' OF SENIORITY
1. In the event of any reduction in the work force., the City will apply the
principle of seniority, merit and ability being equal, and- the last
employee hired. shall be the first ]aid oft. In rehiring, the last person
]aid off .shall be the .first rehired. -A~ complaint regarding compliance
with this section shall be a subject for' grievance.. In rehiring former
employees ]aid off under this Article., the City shall offer reemployment
in the order :of seniority be such farmer employees who at the time of lay
off were. performing services essentially the . same as required fir the
vacancy, provided that the .period of lay off has not exceeded one (l)
year.
2. In shift assignments, the City will give consideration tip the. preference
of ~ employees ~ and to seniority; ,provided, however, that final
responsibility and authority in pb assignments, the determination of
q;ualf~atons, and the method of devermiriing the qualifications for any
job, shalt remain vested. in the City.
LOSS OF SENIORITY
3. .Seniority shall. be' terminated by:
a. Resignation
b. Qscharge i~r cause
c;. Retirement
d. Failure to return, to work, from layoff within seven :(7) calendar days
after: notice ~ return by certified or ,regsvered mail or by velegram
addressed to the employee at his last known address on file with the
City Personnel Office
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e. Absence. ,from. work ivr three ('3'j' °consecutve working days. without
notifying the City., .except whem the failure ~ notify and work is due
' ` an,° circumstances '.beyon'd control of emplpyee. A~f6er such u~riexcused
absence, the City shall. send written notice tia the emplflyee at his
last known. address tYiat he has ,lDSt his • seniority, and his employment
"
has been terminated'..
`SENIO.RITY LIST
4 . T.he, City shall ;prepare -and maiintain .a seniority list which shall _ how the
names:,: classi~catiDn title; department, and seniority date of all
emp]nyees. T.he Association (:Petaluma Employees • Assoclatinn) shall be
given two: ,copies ~of. the list .within thirty (30J calendar days ,after the
date :of this Agreement, :and thereafter a current list every six ;months. -
5. A seniority list, 1.ncluding~ ttie same inforinatifl"n; shall'be+ maintained. .for
each; department.
-Thin ;list shaIl be available for inspection by -the:
- emplDyee or Yis steward...
6. These lists shall be deemed ,correct. as to an emplbyee!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
" A~ssociatinn.. ~ .
' r SECTION 4.1 v
PROMOTIONS . ..
PRO'M.O,TIO'NS '
1. Except,'for.. "those 'positions oat requiring written examinations., ;promotions.
iri the City service shall ;be -based on a competitive examination and
records of efficiency; ~~character;. conduct or ather generally accepted.
gualifications.:deemed necessary or reliable in obtaining a passing grade.. .. .
•'TYie ;City will give; significant consideration t~ the, per5armance of the
employees; senibrsfy;, physical.. fitness,:and :ability' to perform the work.:.
Lists shall be' created and promotion. made therefrom. iri the same `manner as
prescribed for- original appointments. _ -
2 . W lenever; practical, vacancies, shall be :filled by promotion,, ` T, he rules . ~ .
. covering promotional examination. shall ~be the same as those governng.-
or ~ nalr: entrance exaninatians .
NO:TIC'E OF .EXAMINATIONS
3. Notice :of examinations sYiall be printied, and "shall $e 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 fine. (5,) days ..prior to~ .:the final filing datie, and shalh: contain the. ~ ~ " -
fallowirig information o '
a, The ;title ;and -rate of pay for, rthe position .to be filed;
b, Some typical duties do be performed;
- - - 31- ~ ~ ,
¢•~~. •h
c. Minimum qualifications required;
d. The method of securing application forms and 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 adclitson tD the. posting and any other aelvertisng that. takes place for
position as outlined in the above ~ paragrap;h, a• copy of the notice will be
sent to the Association .for those positiflns in the work unit which they
represent.
5. Employees who have successfully passed an :examination. fora higher
positiDn, and. Have been certifed for the higher position, will be deemed
to qualify, fir- positions with lesser qualitcations and may be , certified
to the lesser positflns,' provided no lists exist ibr the lESSer posi#ions.
6. In the -event that an, applicant accepts aoower-classified posit~n, he
will be allowed to remain on the P~ :hlity list for higher
classiicatiori until the': list is abolished.
SEC°rION 42
TFA~iPORARY APPOINTS
1. It shall be the policy of the employer to avod~temporary appointments
whenever possible, unless failure to do .so will seriously hamper the
success of Gi.ty program. Under such circtunstances and when sufficient
time may not be taken to fill a peYZnanent position through the normal
procedure, :a.tes~~orary;appointment may. be made. ~nployees receiving
temporary appointments shall be required. to qualify by the r~rmal
selection procedures to beoare a prgbationary ect~layee in that class
within sixty~f6oD~days.
2. During :any per-iod in which employees are being considered for promotion
and during ..any .posting; ~ period, it shall be the policy of the employer to
-avoid tec~orary employment to such positions, unless the "fai.lure to make
appointments to :such positions would seriously-:.hamper the success of the
City prograan. Under such eirc~anstances and when sufficient time. may not
be telten to fill .a permanent ,position through the nornnal procedure, .a
temporary appointment may be mac1e.
SDCTION 43 •. .
TRANSFERS BEIWEE~I SECTIONS
SHIFT, 'QiANGES WITHIN A. ,WOF~ SFJC°I`I~1 -~
1. The City Manager may autt~cze 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.
-.32-
TRANS.F~RS
2.: When an ect~iloyee within. his-own .classification and,work section wishes to
change 'from.one shift'to another, shift., he`shall file a request for
• -
transfer identifying the. shift he is in and 'the one,lie chooses to transfer
to and file 'i7t with the Personnel Officer.
3. Request for `transfer frdm orie department or work seeton.to another
.~, E
department or.work section ;having .a different jurisdiction or di-fferent:
function shal'1 be filed 'with ;the 'Personnel Officer arid. shall be done only
with tYie consent of both department heads involved, unless such, :a transfer
is ordered by the City•Manager''for purposes of econgmy br efficiency.
4. Any 'per-son ~transfer"red to a ;different positi:ori sha~11 possess: the 'minimum
qualifications for .that position-.
5. An employee who. has been transferred pursuant to his request or wfio has
been. ;promoted and not :returned to `his forme-r classification,, -need not be
considered by the City for °a~subsequent transfer or promotion during the
six~morith period following his transfer or promotion.."
6 If the employee has fixed mere than one request for transfer, gnly the
most recent of his requests will, be consdered•by.the•City for making .a
transfer. Such transfers will be' considered only" i-f <the ec~loyee
possesses'. the :minimum qualifications 'for the position: ``
_.-- _
PROBATIONARY EI~LOYF~S
1.> An~employee~s a:probatonary employee .;for his first six meriths of employ=
.. _
. merit in .any :classification-. 'In the. event of'~a pro~ioton of ~a permanent
employee to a'higlier classification, the.six month•,probationary period in
the higher classification will be,reduoed by. one clay for eacli"two days ,the
employee 'had. i~wrked in .temporary "assic~rianents, 'in; 'that°.higher classifica-
' ton. Periods .of absence exceeding five ~•(~S) wor-king daysshall not be
counted' .tawari3 c~n~pletion o,f the probationary period'.
2. No matter~.oonoerning the discipline; lay off or termination of a '
pitirobationary emplay!ee shall; be subject to "the grievance pzvc.~edure.
3.. ~An • employee :wtm has, been proar~ted but does' not successfully- passe his pro-
motonal ;"probationary period>of six ~('6J. months, s)iall be reinstated- to tr„
„
posiaimz which he held' prior- to ':the promotion. -
. 4. ~ Upon an employee request within a; one .(1) month per-rod following a.
promotion, he"shall be returned to a recjular job opennq;in the
classification from; which he',was proanroted, at the. pay :rate from which :he
' was promoted from,~but'in•no event shall he be held in the pranotional
.. position over ones '(1)• month: following his request for. reinstatement iz t~:,
lower position:.. Upon' renstatnt to th;e forntier position, the employee' -G
- .._.
.mane will 'be• ~ ` fran the promotional eligibility list.
,~~ ,~,
BE)G'I'ION 45
LAYOFF A].VD RF7GAI.~L PROCIDURES
LAYOFF PRnC'.IDURE ~~
1. When employee`s 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 ~in an affected classifications shall be
removed next.
c. .The employee with the least seniority in an affected classification
or department~shaYl be removed'provded that the City Manager may do
otherwise in order to maintain a balanced department•or work unit and
to maintain employees in the classification or department who have
the ability to perform the wor}c available.
RF~CALL PROCIDURE
2. An ei~Iayee wlm has :been laid off or transferred as a result of a
reduction on the work force shall be recahed 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 layoff, employees shall }~
recalled in reverse order_in which the ~loyees were laid off. The
employer shall send by registered mail to the employee's last known
address notification that. the employee is being recalled. The employee
'shall return to. work within .seven ('7)" days: of the date of mailing.
Failure to return"after natioe shall be grounds for discharge and total
loss of seniority.
J
~ ~'~ ~
SECTION 46
. ~ ~ RETIRII~7NT PLAN
1. During the term of this agreement,. the City shall continue membership as
an agency under coritrac€ with the State of California Public Retirement
System in accordance with and subject to the provisions of the State
Employee Retirement Iaw;
2. 'Each pay period, .all permanent and;probatioriary employees shall have
deducted .from their earnings a retirement contribution at a percentage
.rate estab]:.shed 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.
SDCTION 47
DISCIPLINE
1. The City should riot 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.
2. There are two types of corrective or disciplinary action: informal and
formal: .~ ~ .
Infom~al Action: There are .three types of ,informal corrective action: an
oral reprimand, written reprimand, acid if necessary, a corrective
. ..
interview, -Where ~a rule, order, standard df conduct or~performance
requitement has been violated, an oral or written reprimand may be
appropriate. ~The_,supervi:sor sh~mzld'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~approprate: In a
corrective intervew.,• ttie ,supervisor confers privately with~..the employee
regarding th,e employees° per-fortnance and/or conduct, and together they
d+edelop a;plan, including~target.dates, for correction of unacceptable jcb
perfonances.. This "plan" shall :be in writing and. signed by both the
emplo~y!ee.:ancl supervisor. Together,. these two informal types of- action are
both~preventv~e and~correetve measures, intended to correct~a problem
:situation without recourse to tfie~severity -- and greater comFilexity -- o~
formal action.
Formal Action: If the informal corrective measures,, iricludiriq written.
reprvmarid, do riot result "in adherence to job performanve requirements,
- 36 -
fon~al action' j'ay became: necessary... Formal :actions are ;usually taken only
after.a serious infraction of the rules, or after'repettions of lesser
infractions-where the informal process. has~a~een unsuccessful. Formal
action alternatives include;
(1) Suspension without, pay for ;not more than •240 work~`hours,;
(2) Reduction'in salary;;
(3J Dempton to a owes job class; .
(4) Dismissal'.
3: REII~IDURSII~N'r FOR LOSS OF BII~TEFITS
In the-event an employee. is disciplined or discharged and an; appeal is
made 'as provided in 'the :Rules; of Appea'1- of 'the ~ Personnel Board in the
Rules and, Regulations of ,°the City of: ;Petaluma., .and such appeal r-esults in'
... -
a decision ~ favorable to' the employee., 'he shall be reimbursed for loss of
pay or fr-inge ;benefits, ~as recamnbended by the Personnel Board...
SECTION 48
'GR3EVANCE;'P-ROGEDURE .
PIA2POSE
`1. The grievance~'procedure'~shall be used .to process and resolve grievances
:arising out of the interpretation,application-or.enforcement`ofthe
express terms of this agreement.. It is 'tl~e purpose of. `this; procedure to
-resolvy fP i:evances at the lowegt, ^possible le~ band to°p Pri fyr. an
orderl rocedure for reviewz:n and'.-resolvin ievances tl
_ .
2.. Ari attempt •shall, be made -to `ascertain' al`1 facts and- •ad~ust all grievances
on an informal `basis 'betw~-n,"the employee' •and, if Yie desires,, h's
`desgnatecl.representatve and'a supervisor in thee:.employee•'schan of
cvntnand 'up; :to' and iricltidirig :his, division `head. Presentation of this
grievance shall be made within ten, (10') workingdays 9f' the. incident
causing the grievance. ~ ~ _
3... I'f the :grevarioe :is not. adjusted to thee, satisfaction of the employee
involved:'within °five, '(;5); working clays after,'the pr-esentation: of the
grievance, the: grievaice. shall lie submitted in writing t'Y the employee
.and/or `tis designated representative to ttie~. Departirn~rit ~ Head. `with. a' copy
thereof to the Personnel ,Officer within:. 'the•. next ten (;10) 'wi?rking days::
In every case .;thy gri:evarice must ba~ signed by~ the ~'emp].oyee. ~ .The
" Depar-tn~nt Head .shall: meet .with the employee anti/or 'hiss designated
- representative within five (5~) working days; of the recept~:.of the wrften
grevaioe .and,' shall: deliver his answer to theemployee, within five '(5)
working days after the: meeting in writing, -.
..
gr-:evance' is ,not adjusted then, the: Personnel. Office= shall meet
4. If the .
. w2th' ttie, .employee_:and/or his designated representative; within' five (5)
working days o_f the; receipt of th,e written grevance and shall d~el:iver his
answeer- to. the employee within. five • (.5..) ,working .days- after. the meeting, in
writing-.. .
5. If the grevance is still not adjusted, "or, the ,parties fail to' agree. on
the adjustinent 'of the .grievance', • a, request may be ;made.' in writing, ;by
3'7 -
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 Offcer''s response ~s given to the grievance..
6. The Personnel Board's decsi:onsl~a'l1 be submitted to the City Manager for
determination.. Tkie.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 election
be: permitted to have a Shop,Steward or other'Assocaton representative
present to assist. him~in the presentation of his grievance,. The Associa-
tionmay designate •the Shop. Steward and shall notify tY~e Department Head
and the City Manager. of 'the appointment. Should an employee erect to pre-
sent agrievance 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
FOYEE' JOB TRAINIl~TG
1. Any training required by the City will be~subject to the Fair Labor
Standards Act. Books and tuition will be paid-for by the employee.
SECTION 50.
SAFETY COMMITTEE
Effective July _1, 199.1 aLabor/Management Safety and Health Committee shall be
established within Unit 2. This Committee shall consist of one r of the ,
Association-under the~Publc WOrks Director and one member of the Association
under the Parks :and.Reereation Director and two manbers of Manage~ent, The
duties of the Labor/Manageznent.Safety Committee shall be as outlined in the
City of Petalum~'s Injury and I]lness Prevention Program. The Committee shall
inset quarterly.
- 38 -
h
MEMORANDUM OF UNDERSTANDING
Between
THE CITY OF PETALUMA
And
CITY OF PETAI,UMA EMPIAYEES' ASSOCIATION
~--i ~ 5
This document represents the. final and c~~lete Agreement. resulting from the
19.91/1994 Meet and Confer sessions with the City of Petaluma Employees'
Association, Unit 2.
Representatives of the City and Unit 2 aclaaowledge that they have fulfilled
their mutual and respective obligations to N~eet and Confer under the
Meyers-Milias-BraHnz Act.. As a result, the parties have cue to a mutual
understanding which the representatives of the City, and Unit 2, who have the
approval of their members, agree to recr~~end for acceptance .and approval to
the City Council of the~Cty of Petaluma.
The parties-affix their~sgnatures as constituting mutual acceptance and
recnclation of this Memorandum of Understanding to becrxne effective July 1,
1991, upon acceptance and approval of the. City Council.
CITY OF PETALUMA EMPZ~OYEFS' ASSOCIATION
CITY OF' PE~~i
'~~
G~ - / ~- ~ i
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