HomeMy WebLinkAboutResolution 2006-052 N.C.S. 04/03/2006 Resolution No. 2006-052 N.C.S.
of the City of Petaluma, California
RESOLUTION RATIFYING MEMORANDUM OF UNDERSTANDING
EXECUTED BY THE DULY AUTHORIZED REPRESENTATIVES
OF THE CITY AND THE AMERICAN FEDERATION OF
STATE, COUNTY, AND MUNICIPAL EMPLOYEES,
LOCAL 675, FOR EMPLOYEES OF
UNIT 1 (CONFIDENTIAL), UNIT 2 (MAINTENANCE),
AND UNIT 3 (CLERICAL/TECHNICAL)
WHEREAS, the City, through its duly authorized representatives, and the American
Federation of State, County, and Municipal Employees (AFSCME), Local 675, through its duly
authorized representatives, have concluded their mutual obligation to meet and confer in good
faith with respect to terns and conditions of employment for the employees of Units 1, 2, and 3,
in accordance with the Meyers-Milias-Brown Act and the City's Employer-Employee Relations,
Rules, and Regulations (Resolution No. 5512 N.C.S.); and,
WHEREAS, the duly authorized representatives of the City and AFSCME, Local 675,
have executed a Memorandum of Understanding pursuant to Section 15, Resolution No. 5512
N.C.S. and recommend its approval by the City Council; and,
WHEREAS, the City Manager, pursuant to Section 28, City of Petaluma City Charter,
anal as the City's Municipal Employees' Relations Officer (Resolution No. 5375 N.C.S.) is
t-equired 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 Units 1, 2, and 3 and does recommend that the City Council ratify said
Memorandum of Understanding.
NOW, THEREFORE, BE IT RESOLVED that the Memorandum of Understanding,
being in the best interests of the City, is ratified and the terms and conditions of said
Memorandum of Understanding (as attached) shall be effective July 1, 2005, through June 30,
2007.
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 3`d day of April, 2006, form:
by the following vote: ~
City Attc~mey
AYES: Vice Mayor Canevaro, Healy, Nau, O'Brien, Torliatt
NOES: None _
ABSENT: Mayor Glass, Harris
ABSTAIN: None -
ATTEST: _
City Clerk a or
Resolution No. 2006-OS2 N.C.S. Page 1
ATTACI~MENT
UNIT 1
MEMORANDUM OF UNDERSTANDING
AFSCME - 675
CONFIDENTIAL
FISCAL YEAR 2005 - 2007
Resolution No. 2006-052 N.C.S. Page 2
- 'TABLE~OF~CONTENTS. =x -
Section Provision Pale
PREAMBLE 1
SECTION 1-TERM OF AGREEMENT 1
SECTION 2 -RECOGNITION 1
2.1 Recognition -Union Recognition 1
2.2 Recognition -City Recognition 1
SECTION 3 -UNION RIGHTS 1
3.1 Union Rights -Stewards and Representatives 1
3.2 Union Rights -Bulletin Boards 2
3.3 Union Rights -Access to Work Location 2
3.4 Union Rights -Union/City Meetings 2
3.5 Union Rights -Advanced Noticed 2
3.6 Union Rights -List of Employees 3
SECTION 4 -UNION SECURITY 3
4.1 Union Security -Payroll Deductions 3
SECTION 5 -EMPLOYER RIGHTS 4
SECTION 6 -SALARIES 4
6.1 Salaries 4
6.2 Salary -Confidential Pay 4
6.3 Salary -Temporary Assignment to a Higher Class 4
SECTION 7 -SPECIAL COMPENSATION 5
7.1 Special Compensation -Smoking Cessation Plan 5
7.2 Special Compensation -Loss or Damage to Clothing 5
7.3 Special Compensation -Work Boots 5
7.4 Special Compensation -Bilingual Pay -Spanish 5
SECTION 8 -ALTERNATE WORK WEEK AND OVERTIME S
8.1 Alternate Work Schedule 5
8.2 Alternate Work Week -Overtime 5
8.3 Overtime -Compensation Rate 6
8.4 Overtime -Minimum 6
8.5 Overtime -Emergency 6
SECTION 9 -COMPENSATORY TIME 6
SECTION 10 -CALLBACK AND STANDBY 6
10.1 Emergency Situation 6
10.2 Callback -Minimum 6
SECTION 11 -HOLIDAYS 7
11.1 Holidays -Fixed Holidays 7
11.2 Holidays -Floating Holidays 7
SECTION 12 -VACATION 8
12.1 Vacation -Accrual 8
12.2 Vacation -Scheduling 8
12.3 Vacation -Deferral 8
12.4 Vacation -Usage 8
Resolution No. 2006-052 N.C.S. Page 3
Section Provision Pale
12.5 Vacation -Payment Upon Termination 8
SECTION 13 -LEAVES -SICK LEAVE 8
13.1 Sick Leave -Eligibility 8
13.2 Sick Leave -Accrual 9
13.3 Sick Leave -Notification Procedures 9
13.4 Sick Leave -Transfer 9
13.5 Sick Leave -Retirement Payout 9
SECTION 14 -LEAVES -INDUSTRIAL INJURY LEAVE 10
SECTION 15 -LEAVES -BEREAVEMENT LEAVE 10
SECTION 16 -LEAVES -VICTIMS OF DOMESTIC VIOLENCE
AND SEXUAL ASSAULT 10
SECTION 17 -LEAVES -MILITARY LEAVE 10
SECTION 18 -LEAVES -ELECTION OFFICER LEAVE AND VOTING LEAVE 11
SECTION 19 -LEAVES -SCHOOL VISITATION LEAVE 11
SECTION 20 -LEAVES -LEAVE OF ABSENCE WITHOUT PAY 11
SECTION 21-LEAVES -JURY DUTY LEAVE 11
SECTION 22 -FAMILY CARE AND MEDICAL LEAVE (FMLA & CFRA) 11
22.1 FMLA and CFRA Leave 11
22.2 FMLA and/or CFRA -Second Opinion 12
SECTION 23 -LEAVES -PREGNANCY DISABILITY LEAVE 12
SECTION 24 -DISCRIMINATION, HARASSMENT AND RETALIATION
PROHIBITED 12
SECTION 25 -REASONABLE ACCOMMODATION 12
SECTION 26 -CALIFORNIA PUBLIC EMPLOYEES' RETIREMENT SYSTEM 12
SECTION 27 -HEALTH BENEFITS -ACTIVE EMPLOYEES 13
SECTION 28 -.HEALTH BENEFITS -RETIRED EMPLOYEES 14
28.1 Retired Employees - Ca1PERS and the PEMHCA 14
28.2 CaIPERS Annuitant -PEMHCA Health Benefits 14
28.3 Less Than 20 Years of Service -Not Receiving PEMHCA Health Benefits 14
28.4 Less Than 20 Years of Service -Receiving PEMHCA Health Benefits 14
2$.5 20 Years or More of Service -Not Receiving PEMHCA Health Benefits 15
28.6 20 Years or More of Service -Receiving PEMHCA Health Benefits 15
SECTION 29 -CASH IN-LIEU OF HEALTH AND DENTAL BENEFITS 15
SECTION 30 -SECTION 125 PLAN 16
SECTION 31 -DENTAL INSURANCE 16
SECTION 32 -VISION INSURANCE 17
SECTION 33 -LIFE INSURANCE 17
SECTION 34 -DISABILITY INSURANCE 17
34.1 Short-Term Temporary Disability Benefit Program 17
34.2 Short-Term Disability Insurance -Voluntary 17
34.2 Long-Term Disability Insurance 17
SECTION 35 -EMPLOYEE ASSISTANCE PROGRAM 17
SECTION 36 -DEFERRED COMPENSATION 17
SECTION 37 -TRANSFERS/PROMOTIONS RETREAT ENTITLEMENT 17
SECTION 38 -NEW OR CHANGED CLASSIFICATIONS 18
Resolution No. 2006-052 N.C.S. Page 4
Section Provision Pale
SECTION 39 -PROBATIONARY PERIOD 18
SECTION 40 -DISCIPLINE PROCEDURE 18
40.1 Discipline -Methods 18
40.2 Discipline -Verbal Counseling 19
40.3 Discipline -Letters of Counseling 19
40.4 Discipline -Corrective Written Action 19
40.5 Discipline -Employee Notice 19
40.6 Discipline -Employee Response 19
40.7 Discipline -Employee Appeal 20
40.8 Discipline -Employer Review 20
40.9 Discipline -Advisory Arbitration 20
SECTION 41-GRIEVANCE PROCEDURE 21
41.1 Grievance -Purpose of the Procedure 21
41.2 Grievance -Conduct of Grievance Procedure 21
41.3 Grievance -Grievance Procedure 21
SECTION 42 -LAYOFF AND RECALL 23
42.1 Layoff Application 23
42.2 Layoff -Employer Right 24
42.3 Layoff -Employee Notification 24
42.4 Layoff -Vacancy and Reclassification 24
42.5 Layoff -Employee Rights 24
42.6 Layoff -Seniority 24
42.7 Layoff -Order Of 24
42.8 Recall - Re-Employment List 25
42.9 Recall -Duration of Re-Employment List 25
SECTION 43 -EMPLOYEE PERSONNEL FILES 25
43.1 Employee Personnel File -Right to Inspect 25
43.2 Employee Personnel File -Acknowledgement Adverse Comments 25
SECTION 44 -OTHER 25
44.1 Performance Evaluations 25
44.2 Safety Committee 25
SECTION 45 -MUTUAL ACCEPTANCE AND RECOMMENDATION 27
EXHIBIT A -SALARY TABLE
Resolution No. 2006-052 N.C.S. Page 5
PREAMBLE
This Memorandum of Understanding (MOU) is entered into pursuant to the provisions of the Meyers-
Milias-Brown Act, Section 3500 et seq of the Government Code of the State of California.
The parties have met and conferred in good faith regarding wages, hours and other teens and conditions
of employment for the employees in said representation unit, and have freely exchanged information,
opinions and proposals and have reached agreement on all matters relating to the employment
conditions and employer-employee relations of such employees.
This MOU shall be presented to the City Council of the City of Petaluma as the joint recommendation of
the undersigned parties for the period July 1, 2005, through June 30, 2007.
SECTION 1-TERM OF AGREEMENT
This MOU shall be effective for a two (2) year term. The fiscal year commencing July 1, 2005, and
ending June 30, 2007, with salary adjustments effective July 4, 2005, January 2, 2006, and July 3, 2006.
SECTION Z -RECOGNITION
2.1 Recognition -Union Reco nig_ tion
Subject to the statutory rights of self-representation under Government Code section 3503, the
American Federation of State, County and Municipal Employees, Local 675, Unit 1,
Confidential, hereafter referred to as the "Union" is the recognized employee organization for
those Confidential positions listed in Exhibit "A -Salary Table."
2.2 Recognition - Ci Reco mg
'tion
The Municipal Employee Relations Officer of the City of Petaluma, or any person or
organization duly authorized by the Municipal Employee Relations Officer, is the representative
of the City of Petaluma, hereinafter referred to as the "City" in employer-employee relations.
SECTION 3 -UNION RIGHTS
3.1 Union Rights -Stewards and Representatives
The City employees who are official representatives. of the Union shall be given reasonable time
off with pay to attend meetings with management representatives, investigate grievances, or be
present at hearings where matters within the scope of representation or grievances are being
considered.
(A) The use of official time for this purpose shall be reasonable and shall not interfere with
the performance of the City services as determined by the City.
(B) Such employee representatives shall request time off from his/her respective supervisor
and coordinate work schedules.
(C) Except by mutual agreement, the number of employees excused for such purposes shall
not exceed three (3). However, in order that any given department not be unduly
Resolution No. 2006-052 N.C.S. Page 6
burdened by the released time requirements, in no case shall more than one (1)
representative from any particular job classification in the same department be allowed
released time pursuant to this section at any given time. If two (2) or more employees
request to be excused from any one department pursuant to this section, subject to the
approval of the department director or his/her designee.
(D) No employee other than an official representative on released time pursuant to this
provision shall attend to or conduct Union business while on duty, nor shall the City
equipment be utilized for such matters except as specifically authorized by this MOU.
3.2 Union Rights -Bulletin Boards
The Union may use portions of the City bulletin boards under the following conditions:
(A) All material must be dated and must identify the Union that published them.
(B) Unless special arrangements are made, materials posted will be removed thirty
(30) days after the date first posted.
(C) The City reserves the right to determine where bulletin boards shall be placed and
what portion of them are to be allocated to Union materials.
(D) If the Union does not abide by these rules, it will forfeit its right to have material
posted on the City bulletin boards.
3.3 Union Rights -Access to Work Location
Reasonable access to employee work locations shall be granted officers of the Union and his/her
officially designated representatives for the purpose of processing grievances or contacting
members of the Union concerning business within the scope of representation. Such officers or
representatives shall notify the City Human Resources Manager or his/her designee prior to
entering onto the City premises for such purposes. Access shall be restricted so as not to interfere.
with the normal operation of the department or with established safety or security requirements.
Solicitation of membership and activities concerned with the internal management of the Union,
such as collecting dues, holding membership meetings, campaigning for office, conducting
elections and distributing literature, shall not be conducted during working hours.
3.4 Union Rights -Union/City Meetings
The City employees or the Union or his/her representatives may, with the prior approval of the
Human Resources Manager, be granted the use of the City non-public access facilities during
non-working hours for meetings of the City employees provided space is available. All such
requests shall state the purpose or purposes of such meetings. The use of the City equipment
other than items normally used in the conduct of business meetings, such as desks, chairs, and
blackboards, is strictly prohibited, the presence of such equipment in approved the City facilities
notwithstanding.
Resolution No. 2006-052 N.C.S. Page 7
3.5 Union Rights -Advanced Notice
Except in cases of declared emergencies, reasonable advance written notice shall be given the
Union of any ordinance, rule, resolution or regulation directly relating to matters within the
scope of representation proposed to be adopted by the City Council and shall be given the
opportunity to meet and confer prior to adoption.
(A) In cases of emergency when the City Council determines that an ordinance, rule,
resolution, or regulation within the scope of representation must be adopted immediately
without prior notice or meeting and conferring with the Union, the City agrees to meet
and confer within a reasonable and practical time after the termination of the emergency
situation.
(B) During the course of such declared emergencies, the City shall have the sole discretion to
act as may be required during the course of the emergency to ensure the provision of
what it determines to be adequate and necessary public service, including, if necessary,
the authority to temporarily suspend any provision of this MOU. Upon the termination of
said emergency, the terms and conditions of the existing MOU will again become
effective.
3.6 Union Rights -List of Employees
The City agrees to annually furnish the Union with the names, classifications, and dates of hire
for all members of the Unit I Confidential bargaining unit no later than September.
SECTION 4 -UNION SECURITY
4.1 Union Security -Payroll Deductions
The City shall grant payroll deductions for membership dues to the Union in accordance with the
terms of this section.
The following procedures shall be observed in the withholding of employee earnings:
(A) Authorization
Payroll deductions shall be for a specific amount and uniform as between employee
members of the Union. Payroll deductions shall be limited solely to membership dues.
Dues deduction shall be made only upon the employee's written authorization on a
payroll deduction form provided by the Union and approved by the City. Authorization,
cancellation, or modification of payroll deduction shall be made upon forms provided or
approved by the City Manager. The voluntary payroll deduction authorization shall
remain in effect until employment with the City is terminated or until canceled or
modified by the employee by written notice to the City Manager. Employees may
authorize dues deductions only for the Union certified as the recognized representative of
the unit to which such employees are assigned. Any dues deduction authorization will
automatically terminate in the event that the Union's status as exclusive representative
for the bargaining unit members terminates.
Resolution No. 2006-052 N.C.S. Page 8
(B) Sufficiency of Earnings
The employee's earnings must be sufficient to cover the amount of the deductions herein
authorized after all other required deductions are made. When an employee is in a non-
pay status for an entire pay period, no withholdings will be made to cover that pay period
from future earnings nor will the employee deposit the amount with the City which
would have been withheld if the employee had been in pay status during that period. In
the case of any employee who is in non-pay status during a part of the pay period, and the
salary is not sufficient to cover the full withholding, no deduction shall be made. In this
connection, all other required deductions have priority over the Union dues deduction.
(C) Union Dues
The Union agrees to indemnify, defend, and hold the City harmless against any claim
made and against any suit initiated against the City on account of check-off of Union
dues. In addition, the Union shall refund to the City any amounts paid to it in error upon
presentation of supporting evidence.
(D) Payment to Union
Amounts deducted and withheld by the City shall be transmitted to the officer designated
in writing by the Union as the person authorized to receive such funds at the address
specified.
SECTION 5 - EMPLO~'ER RIGHTS
It is the right of the City to make decisions of a managerial or administrative character including:
decisions on the type, extent and standards or services performed, decisions on the methods, means and
personnel by which the City operations and. services are to be conducted, and those necessary to exercise
control over the City government operations in the most efficient and economical manner practicable
and in the best interests of the City residents. All managerial functions and rights to which the City has
not expressly modified or restricted by specific provision of this MOU shall remain with the City.
SECTION 6 -SALARIES
6.1 Salaries
Salary ranges shall be as specified in Exhibit "A" for each classification.
6.2 Confidential Pay
Positions assigned to the Confidential Unit shall receive a premium payment of fifty dollars
($50) per month.
6.3 Temporar~~nment to a Higher Class
Employees performing out-of--class work shall be compensated at an additional five-percent
(5%) on an hour-per-hour basis when such work is being performed. Employees who are asked
to perform out-of--class work are eligible for out-of--class pay when the following conditions are
met:
(A) It must be approved by the department director prior to the employee working out_ of
classification.
Resolution No. 2006-052 N.C.S. Page 9
(B) The employee must have been assigned the work by either the employee's supervising
manager or department director.
(C) If the member thinks the assignment is "out-of-class", it is the responsibility of the
employee to inform the person assigning the duty prior to engaging in the assignment.
(D) If the employee and person assigning the work disagree that the work should be
compensated as "out-of-class," the employee shall initiate the work assigned and may
resolve the issue through the grievance procedure.
It is the responsibility of the employee to inform the person assigning out-of--class work when
such work is finished.
SECTION 7 -SPECIAL COMPENSATION
7.1 Special Compensation -Smoking Cessation Plan
The City agrees to provide any member of the Unit up to fifty dollars ($50) for completion of a
smoking cessation program, upon receipt of the certificate of completion.
7.2 Special Compensation -Loss or Damage to Clothing
City employees may request reimbursement for the loss or damage of his/her clothing that is the
result of work activities. Requests for reimbursement shall be submitted to the department
director for review and approval. Amounts of reimbursement are at the discretion of the
department director.
7.3 Special Compensation -Work Boots
The City shall pay the cost of all work boots up to one-hundred-fifty dollars ($150) per fiscal
year. Replacement of work boots shall be on an as-needed basis with approval of the department
director. Receipts for work boot reimbursement shall be submitted to Human Resources for
processing.
7.4 Special Compensation - Bilin ug al Pa~panish
A qualified employee, who demonstrates Spanish bilingual proficiency at an acceptable
proficiency level as determined by the Human Resources Manager, shall be eligible for Spanish
Bilingual Pay in the amount of two-hundred dollars ($200) per month. To qualify, an employee
must be tested and certified as proficient at an acceptable proficiency level as determined and
certified by the Human Resources Manager and in accordance with the City's administrative
policy on bilingual proficiency testing.
SECTION 8 -ALTERNATE WORK WEEK AND OVERTIME
8.1 Alternate Work Schedule
The City agrees to consider reasonable alternative work week programs proposed by the Union.
Such proposals (e.g. four (4) day work week, flex scheduling, 9/80, job sharing) may be
considered on a case-by-case basis by the City. However, the decision as to whether and when,
Resolution No. 2006-052 N.C.S. Page 10
if at all, to implement such alternate programs, the operation of such programs, and the ability to
modify and/or terminate such programs, is left exclusively with the City.
8.2 Alternate Work Week -Overtime
Employees who are working an alternative work week of forty (40) hours per work week shall
be paid overtime for hours worked beyond the regularly assigned hours for that day in
accordance with the City's alternative work week policy.
8.3 Overtime -Compensation Rate
All hours worked in excess of eight (8) in any one day or an excess of forty (40) in any work
week shall be compensated at the overtime rate which shall be one and one-half (1.5) times the
regular rate of pay; provided, however, that in the event an employee is required to work
overtime without a break in excess of four (4) hours beyond the end of his/her regularly
scheduled work shift, the employee shall be compensated for those excess hours at the overtime
rate of two (2.0) times the regular rate of pay. Overtime shall only be worked after having
received prior authorization by the department director or a managerial supervisor.
8.4 Overtime -Minimum
Any employee required to work overtime shall, in no case, be compensated for less than one (1)
hour for such overtime.
8.5 Overtime - Emer~y
When it becomes necessary because of an emergency to have employees work during legal
holidays or during scheduled vacation leaves, such employees working on such legal holidays
and during periods of vacation shall be entitled to receive additional remuneration at the rate of
one and one-half (1.5) times his/her regular rate of pay.
SECTION 9 -COMPENSATORY TIME
Employees may accrue compensatory time in lieu of being paid for overtime. Employees may accrue up
to a total of two-hundred-forty (240) hours of compensatory time per fiscal year. Employees may retain
no more than two-hundred-forty (240) hours of compensatory time on the books at any given time.
Compensatory time shall be taken at a mutually agreeable time between the employee and the City
subject to the operational requirements of the City. Employees may take up to five (5) days of
compensatory time off at a mutually agreeable time between the employee and the City, subject to the
operational requirements of the City. Compensatory time in excess of the two-hundred-forty (240) hour
limit shall be paid at one and one-half (1.5) times the regular rate of pay.
SECTION 10 -CALLBACK AND STANDBY
10.1 Emergency Situation
If, in an emergency situation, an employee in this unit is asked to leave. work before the end of
his/her scheduled work day with the expectation that he/she will be called back to work to finish
the remainder of his/her work day at a later time, but the employee is not in fact called back to
work that day, the City agrees to compensate the employee for the full normal working day. In
exchange, up until the time that the employee's regular shift is scheduled to end, such employees
Resolution No. 2006-052 N.C.S. Page 1 1
will be on standby status, without any entitlement to any extra compensation. Except as so
specified, employees in this unit are not required to work on a standby basis.
10.2 Callback -Minimum
Employees, who are called back to work after having completed the normal shift and/or after
having left the worksite, shall be compensated a minimum of two (2) hours at the overtime rate.
SECTION 11-HOLIDAYS
11.1 Holidays -Fixed Holidays
The City shall observe twelve (12) fixed-date holidays. These holidays shall be established for
the City's fiscal year as determined by City Council resolution
The holidays for fiscal year's 05/06 and 06/07 are as follows:
Independence Day
Labor Day
Columbus Day
Veterans' Day
Thanksgiving Day
Day After Thanksgiving
Christmas Eve
Christmas Day
New Year's Day
Martin Luther King Day
Presidents' Day
Memorial Day
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 on the preceding
Thursday 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.
11.2 Holidays -Floating Holiday
During the fiscal year the City will authorize one (1) "Floating Holiday" per employee, which
may be taken by the employee at a time selected by the employee, subject to operational
requirements and approval determined. by the City. Employees hired between July 1, and
December 3 1, will be eligible fora "Floating Holiday" during the course of the Fiscal Year.
Resolution No. 2006-052 N.C.S. Page 12
SECTION 12 -VACATION
MISC Years of Vacation Accrual Accrual Limit
Em to ees Service hrs hrs
Unit 1 0-4 80 160
5-9 120 240
10 128 256
11 136 272
12 144 288
13 152 304
14 160 320
15 168 336
16 176 352
17 184 368
18 192 384
19 or rester 200 400
12.1 Vacation -Accrual
All regular employees of the City, after working one. (1) full year are entitled to the equivalent of
eighty (80) hours of vacation with pay in the year following the year in which vacation is earned.
All regular employees of the City, after five (5) years of continuous service with the City, and
beginning with the sixth (6th) year, shall be entitled to the equivalent of one-hundred-twenty
(120) hours of vacation per year. After ten (10) years of continuous service with the City, eight
(8) hours of vacation shall be added for each year of continuous service to a maximum of two-
hundred (200) hours of vacation.
Vacation time shall not be accumulated in excess of two (2) years.
12.2 Vacation - Scheduling
The times during a calendar year in which an employee may take his/her vacation shall be
determined by the department director with due respect for the wishes of the employee and
particular regard for the needs of the service. If the requirements of the service are such that an
employee cannot take part or all of his/her annual vacation in a particular calendar year, such
vacation shall be taken during the following calendar year.
12.3 Vacation -Deferral
Any eligible employee with the consent of the department director may defer his/her annual
vacation to the succeeding calendar year subject to other provisions of this rule. In the event one
(1) or more municipal holidays fall within an annual vacation leave, such holidays shall not be
charged as vacation leave, and vacation leave shall be extended accordingly.
12.4 Vacation - Usage
An employee may begin to use accrued vacation after successfully completing his/her
probationary period with the City.
Resolution No. 2006-052 N.C.S. Page 13
12.5 Vacation -Payment Upon Termination
Employees who leave the City employment shall be paid in a lump sum for all accrued vacation
leave earned prior to the effective date of termination not to exceed two (2) years accumulation
SECTION 13 -LEAVES -SICK LEAVE
13.1 Sick Leave -Eli ig bility
Sick leave with pay shall be granted to all employees as set forth in this section. Sick leave is
not a right, which an employee may use at his/her discretion, but rather, shall be used only in
case of personal illness, disability or the serious illness or injury of an employee's family
member that requires the employee's attention. Family members shall include spouse, domestic
partner, children, parents, spouse's parents, brothers, sisters or other individuals whose
relationship to the employee is that of a dependent or near dependent.
13.2 Sick Leave -Accrual
Sick leave shall accrue to all full-time employees at the rate of eight (8) hours for each month of
continuous service.
13.3 Sick Leave -Notification Procedures
In order to receive compensation while absent on sick leave, the employee shall notify his/her
department director prior to or within four (4) hours after the time set for beginning his/her daily
duties. When absence is for more than three (3) days duration, the employee may be required to
file a physician's certificate with the Human Resources office stating the cause of the absence.
13.4 Sick Leave -Transfer
Employees wishing to donate hours of sick leave to another employee may do so by sending a
written request, approved by his/her department director, to the Human Resources office naming
the individual to receive the sick leave and the amount donated, with the following restrictions:
(A) Employees who wish to transfer sick leave must retain a minimum of one-
hundred-sixty (160) hours of sick leave.
(B) Transfer amounts may shall be limited to the number of actual hours needed and used by
.the receiving employee.
(C) Any donated sick leave hours unused by a recipient shall be returned to the donor.
(D) The employee receiving the sick leave transfer must have zero (0) hours of
accrued sick leave, vacation and accrued compensatory time.
(E) Employees may not buy or sell sick leave. Only the time may be
transferred.
(F) Employees may not transfer sick leave upon separation of service.
(G) Transfer of sick leave shall be allowed between all Units.
Resolution No. 2006-052 N.C.S. Page 14
(H) No more than ninety (90) workdays of sick leave may be received by an
employee for any one illness or injury.
13.5 Sick Leave -Retirement Pam
In the event of the death or retirement of an employee who has completed ten (10) or more years
of continuous service with the City, the employee shall be paid or shall receive to his/her benefit
fifty-percent (50%) of his/her accumulated but unused sick leave not to exceed four-liundred-
eighty (480) hours. The employee may elect not to receive this benefit and instead place all sick
leave hours into the CaIPERS sick leave conversion benefit.
SECTION 14 -LEAVES -INDUSTRIAL INJURY LEAVE
Benefits shall be payable in situations where miscellaneous employee absence is due to industrial injury
as provided in California State Workers' Compensation Law. During the first one-hundred-sixty (160)
work hours when the employee's absence has been occasioned by injury suffered during his/her
employment and he/she receives workers' compensation, he/she shall receive full pay. Medical
appointments related to industrial injury or illness shall be calculated on an hourly basis. Following this
period, sick leave may be a supplement to the workers' benefits provided the employee. Compensation
is at his/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 employee is certified "pernlanent and stationary" by a competent
medical authority. The City shall pay him/her the regular salary, based on -the combination of the
workers' compensation benefit 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 any employee 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 this
MOU.
SECTION 15 -LEAVES -BEREAVEMENT LEAVE
An employee shall be granted up to thirty-two (32) hours of bereavement leave in the event of death in
the employee's 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), stepparents, 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 an employee 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.
Resolution No. 2006-052 N.C.S. Page 15
SECTION 16 -LEAVES -VICTIMS OF DOMESTIC VIOLENCE AND SEXUAL
ASSAULT LEAVE
California Labor Code 230 and 230.1 allows use of such leave for Victims of Domestic Violence for any
of the following: to seek medical attention for related injuries; to obtain services from a domestic
violence shelter, program or rape crisis center; to obtain psychological counseling; or to participate in
safety planning. Certification of need may be required in the form of a police report, protection order,
and documentation from court or from a medical professional, domestic violence advocate or counselor.
The City of Petaluma provides appropriate leave, in accordance with California Labor Code Section
230.
SECTION 17 -LEAVES -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.
SECTION 18 -LEAVES -ELECTION OFFICER LEAVE AND VOTING LEAVE
When an employee's actual work schedule otherwise would prevent the employee from voting in any
state, county, or general election, the employee may be granted up to two (2) hours of paid time to vote,
in accordance with Election Code 14000. The employee must provide the City with at least two (2)
working days' notice that he/she will be taking time off to vote.
SECTION 19 -LEAVES -SCHOOL VISITATION LEAVE
An employee may take up to forty (40) hours off in a year to participate in his/her child's school
activities, in accordance with California Labor Code Section 230.8.
SECTION 20 -LEAVES -LEAVE OF ABSENCE. WITHOUT PAY
The City Manager may grant a regular or probationary employee leave of absence without pay pursuant
to State and Federal Law. Good cause being shown by a written request, the City Manager may extend
such leave of absence without pay or seniority or benefits for an additional period not to exceed six (6)
months. No such leave shall be granted except upon written request of the employee setting forth the
reason for the request, and the approval will be in writing. Upon expiration of a regularly approved
leave or within a reasonable period of time after notice to return to duty, the employee shall be
reinstated in the position held at the time leave was granted. Failure on the part of an employee on leave
to report promptly at its expiration, or within a reasonable time after notice to return to duty shall be
cause for discharge.
Resolution No. 2006-052 N.C.S. Page 16
SECTION 21-LEAVES -JURY DUTY LEAVE
Any employee summoned for jury duty 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. Any employee may
retain payment for travel, but shall make payable to the City any and all fees which the employee may
receive in payment for service as a juror. For Grand Juries this compensation shall not extend beyond
twenty (20) working days.
SECTION 22 -FAMILY CARE and MEDICAL LEAVE (FMLA & CFRA)
22.1 FMLA and/or CFRA Leave
The City shall provide family and medical care leave for eligible employees 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.
22.2 FMLA and/or CFRA -Second Opinion
The employee 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.
SECTION 23 -LEAVES -PREGNANCY DISABILITY LEAVE
The City shall provide pregnancy disability leave (PDL) for eligible employees as required by City
policy and applicable state law and as specifically provided in the Fair Employment and Housing Act
and the Family Medical Leave Aet. If possible, employees must provide thirty (30) days advance notice
of leave.
SECTION 24 -DISCRIMINATION, HARASSMENT & RETALIATION PROHIBITED
The City and its employees are prohibited from discriminating against an applicant or employee because
the employee is in a "protected class" (based on age, race, etc.) in taking any personnel actions (such as
hiring, promotion, discipline, etc.) Employees are prohibited from harassing any employees due to race,
sex, age, etc. The City and its employees are prohibited from retaliating against an employee because
the employee has filed a complaint of discrimination or harassment or opposed actions by other
employees that constituted discrimination or harassment.
SECTION 25 -REASONABLE ACCOMMODATION
In accordance with the California Fair Employment and House Act (FEHA) and the Americans with
Disability Act (ADA), the City will reasonably accommodate any known protected disability of an
employee.
Resolution No. 2006-052 N.C.S. Page 17
SECTION 26 -CALIFORNIA PUBLIC EMPLOYEES' RETIREMENT SYSTEM
The City provides Miscellaneous employees with the two percent (2%) at fifty-five (55) formula
retirement plan. The City's contract with Ca1PERS includes the following optional benefits:
• Third Level - 1959 Survivor's Benefit as provided in Section 21573 (April 5, 1999).
• Military Service Credit as provided in Section 20930.3 (January 1, 1992).
• One-Year Final Compensation as provided Section 20024.2 (November 1, 1.980).
• Credit for Unused Sick Leave as provided in Section 20862.80 (November 1, 1980).
• Cost of Living Allowance two percent (2%) as provided by Section 21335 (April 1, 1971).
• Retired Death Benefit of five-hundred ($500) as provided in Section 21620 (December 1,
1969).
• Death Benefit Continues as provided in Section 21551 (January 1, 2000).
• Prior Service Credit as provided in Section 20055 (January 1, 1950).
The City shall continue to defer that portion of the employee's contribution paid to Ca1PERS through
section 414(h)(2) of the Internal Revenue Code pursuant to City of Petaluma Resolution 90-363 N.C.S.
SECTION 27 -HEALTH BENEFITS -ACTIVE EMPLOYEES
Active Employees - PEMHCA Contribution
The City currently provides health benefits through the California Public Employees' Retirement System
(CaIPERS) Health Benefits Program under the Public Employees' Medical and Hospital Care Act
(PEMHCA). The City's employer contribution for each employee shall be one-hundred dollars ($100) per
month.
Active Employees -Additional Benefit -January 1, 2005
The City shall provide active employees with an additional benefit in the dollar amount listed in the chart
below entitled "Additional Benefit -January 1, 2005," for each employee and his/her family members.
Additional Benefit -January 1, 2005
2005 Kaiser City PEMHCA Maximum Additional
Coverage Rate Contribution Benefit Contributed
b the Cit
Sin le $354.69 $100.00 $254.69
2-Pa $709.38 $100.00 $609.38
Famil $922'.19 $100.00 $822.19
Additional Benefit -January 1, 2006
Effective January 1, 2006, the City shall provide active employees with an additional benefit in the dollar
amount listed in the chart below entitled "Additional Benefit and Employee Contribution-Effective January
1, 2006," for each employee and his/her family members. The additional benefit amount is the CaIPERS
Health Premium amount for Kaiser-Bay-Area/Sacramento less the City's one-hundred dollar ($100)
PEMHCA contribution times ninety-five percent (95%) for each employee and his/her family members.
Resolution No. 2006-052 N.C.S. Page 18
Employee Contribution -January 1, 2006
Effective January 1, 2006, employees shall contribute to his/her CaIPERS Health Premium in the amounts
less the City's one-hundred dollar ($100) PEMHCA contribution and less the additional benefit listed in the
chart below entitled "Additional Benefit and Employee Contribution-Effective January 1, 2006," for each
employee and his/her family members. The chart below is only an example of what the employee
contribution would be for Kaiser-Bay-Area/Sacramento.
Additional Benefit and Employee Contribution -Effective January 1, 2006
Maximum
Coverage 2006 Kaiser pEMHCA Additional Benefit Contpributio
Rate Contribution Contributed by the n
Cit
Sin le $389.38 $100.00 $374.91 $14.47
2-Pa $778.76 $100.00 $744.82 $33.94
Famil $1,012.39 $100.00 $966.77 $45.62
Additional Benefit -January 1, 2007
Effective January 1, 2007, the City shall provide active employees with an additional benefit in the dollar
amount of the CaIPERS Health Premium for Kaiser-Bay-Area/Sacramento less the City's one-hundred
dollars ($100) PEMHCA contribution times ninety-five percent (95%) for each employee and his/her family
members.
Employee Contribution -January 1, 2007
Effective January 1, 2007, employees shall contribute to his/her CaIPERS Health Premium in the amounts
less the City's one-hundred dollar ($100) PEMHCA contribution and less the additional benefit dollar
amount effective January 1, 2007, paid by the City.
SECTION 28 -HEALTH BENEFITS -RETIRED EMPLOYEES
28.1 Retired Employees - CaIPERS and the PEMHCA
The City currently provides health benefits through the California Public Employees' Retirement
System (Ca1PERS) Health Benefits Program under the Public Employees' Medical and Hospital
Care Act (PEMHCA). In order to be eligible to receive health benefits through Ca1PERS upon
retirement, a City of Petaluma employee must meet the following definition of "annuitant" under
CaIPERS law:
(A) employee must be a member of CaIPERS; and
(B) employee must retire within 120 days of separation from employment with the City of
Petaluma and receive a monthly retirement allowance from Ca1PERS.
28.2 CaIPERS Annuitant -PEMHCA Health Benefits
In accordance with the PEMHCA provisions, if an employee is a Ca1PERS annuitant as defined
in Section 28.1 and receives health benefits under the PEMHCA, the employee is eligible to
receive the City's PEMHCA contribution amount specified in Section 28.4 below, regardless of
the number of years of service with the City of Petaluma.
Resolution No. 2006-052 N.C.S. Page 19
28.3 Less Than 20 Years of Service -Not Receiving PEMHCA Health Benefits
An employee with less than twenty (20) years of service with the City of Petaluma who is not
enrolled in the Ca1PERS health benefit program does not receive any retiree benefit from the
city.
28.4 Less Than 20 Years of Service - Receiving PEMHCA Health Benefits
An employee with less than twenty (20) years of service with the City of Petaluma who is a
CaIPERS annuitant as defined in Section 28.1 and enrolled in the Ca1PERS health benefit program is
eligible to receive the City's PEMHCA contribution amount specified in this section.
For example, an employee would receive sixty-five dollars ($65) per month as a retiree benefit if
he/she retired on January 2, 2007. The following year, in 2008, the payment would increase five
dollars ($5) per month to seventy dollars ($70) and continue to increase in five dollar ($5) increments
every year until it reaches the maximum benefit amount ofone-hundred dollars ($100) per month.
Calendar Year City's
PEMHCA
contribution
2005 55.00
2006 60.00
2007 65.00
2008 70.00
2009 75.00
2010 80.00
2011 85.00
2012 90.00
2013 95.00
2014 100.00
The City's PEMHCA contribution amount is deducted from the retiree's monthly health
premium and paid to CaIPERS directly by the City.
28.5 20 Years or More of Service -Not Receiving PEMHCA Health Benefits
An employee with twenty (20) or more years of service with the City of Petaluma who is not
enrolled in the Ca1PERS health benefits program shall receive direct payments in the amount of
one-hundred-forty dollars ($140) each month, effective the first month following the expiration of
health benefit coverage.
28.6 20 Years or More of Service -Receiving PEMHCA Health Benefits
An employee with twenty (20) years or more of service with the City of Petaluma who is a
Ca1PERS annuitant as defined in Section 28.1 and enrolled in the Ca1PERS health benefit
program shall receive a benefit payment ofone-hundred-forty dollars ($140) per month as specified
in this section.
Resolution No. 2006-052 N.C.S. Page 20
The City's cash retiree benefit is sent directly to the retiree.
Calendar City PEMHCA City Cash Total Benefit
Year contribution Retiree Benefit Amount
2005 55.00 85.00 140.00
2006 60.00 80.00 140.00
2007 65.00 75.00 140.00
2008 70.00 70.00 140.00
2009 75.00 65.00 140.00
2010 80.00 60.00 140.00
2011 85.00 55.00 140.00
2012 90.00 50.00 140.00
2013 95.00 45.00 140.00
2014 100.00 40.00 140.00
It is the responsibility of the retiree to notify the City in writing if he/she is no longer participating in
the Ca1PERS health benefit program. Following receipt of the written notice, the City will
commence direct payment of the one-hundred-forty dollars ($140) at the begimling of the following
month.
SECTION 29 -CASH IN-LIEU OF HEALTH AND DENTAL BENEFITS
Employees with health and/or dental benefit insurance coverage from a source other than the City, or
employees with health and dental benefit insurance coverage from a City employee, may request cash
in-lieu of health and dental benefits. To be eligible for the cash in-lieu benefit program employees must
waive his/her coverage under the City's health and/or dental benefits, agree to the terms and conditions
of the cash in-lieu benefit program and have written verification of health and/or dental benefits
insurance.
The cash in-lieu amount for health coverage shall be in the amount of fifty percent (50%) of the health
insurance premium amount of the Ca1PBRS Kaiser -Bay-Area/Sacramento that the City would
otherwise pay for the employee and his/her family members. The cash in-lieu amount for dental
insurance benefits shall be in the amount of fifty percent (50%) of the established dental program
composite rate.
Upon declining medical and/or dental insurance, the employee will be required to meet the terms and
conditions regarding the City's medical and/or dental plan. If an employee decides to stop receiving the
medical/dental cash back and wishes to re-enroll into the City's medical and/or dental plan, then he/she
must meet the current terms and conditions of the City's medical and/or dental plan. The City cannot
guarantee that once the employee leaves a particular medical and/or dental plan, he/she may be able to
re-enroll in his/her prior plan and under the same terms and conditions of his/her prior plan.
Resolution No. 2006-052 N.C.S. Page 2 ]
SECTION 30 -SECTION 125 PLAN
The City of Petaluma has established and shall offer to eligible employees 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 employees with a tax savings through the following
programs:
(A) Pre-Tax Health Insurance Premiums
This program allows employees to pay his/her share of health insurance premiums with
pre-tax dollars.
(B) Flex Spending Accounts (FSAs)
(1) 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.
(2) Dependent Care Reimbursement
This program permits employees to pay for most child and/or dependent care
expenses with pre-tax dollars.
SECTION 31 -DENTAL INSURANCE
The City shall provide a dental plan for the term of the MOU and pay the total premium costs for the
employee and eligible dependents. The maximum benefit amount is one-thousand-five-hundred dollars
($1,500) per person per calendar year. Orthodontic coverage shall be provided for dependent children
under the age of nineteen (19) years and is 50% of the dentist's allowed fee (subject to a $1,000 lifetime
maximum per person).
SECTION 32 -VISION INSURANCE
The City shall provide a vision plan for employees and eligible dependents. The cost shall be paid for by
the City. Employees are eligible for eye exams every twelve (12) months with atwenty-five ($25)
deductible. Frames are available every twelve (12) months with a maximum benefit of one-hundred-
twenty dollars ($120) and lenses are available every twelve (12) months with a maximum benefit of
two-hundred dollars ($200).
SECTION 33 -LIFE INSURANCE
The City shall provide for a group term life insurance program for the City employees in this Unit. The
City shall pay, during the course of the MOU, the insurance cost towards employee only coverage for
such insurance in the principle sum of fifty-thousand dollars ($50,000) per employee.
Resolution No. 2006-052 N.C.S. Page 22
SECTION 34 -DISABILITY INSURANCE
34.1 Short-Term Temporary Disability Benefit Program
The City has established and shall provide eligible employees with ashort-term temporary
disability benefit program in accordance with administrative policy,
34.2 Short-Term Disability Insurance -Voluntary
The City agrees that employees in this unit may, on a purely voluntary basis and at his/her own
expense, participate in AFLAC's short-term disability insurance, as long as the number of
employees electing to participate in the program meets the minimum participation standards set
by the carrier.
34.3 Long-Term Disability Insurance
The City shall provide for along-term disability plan, with the premium to be paid for by the
City.
SECTION 35 -EMPLOYEE ASSISTANCE PROGRAM
The City will provide an Employee Assistance Program to employees and his/her immediate families.
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.
SECTION 36 -DEFERRED COMPENSATION
The City shall make available to the members of this unit the City's Deferred Compensation Plan.
SECTION 37 -TRANSFERS/PROMOTIONS RETREAT ENTITLEMENT
An employee who transfers or promotes to another the City position shall, for a period of six months, be
entitled to retreat to the job classification formerly held, as long as that position is currently unfilled.
Such an employee shall not be subject to another probationary period, so long as the employee has
successfully completed probation in the pre-promotional classification.
SECTION 38 -NEW OR CHANGED CLASSIFICATION
The City shall notify the Union and staff representative when proposing to abolish or create a new
bargaining unit position. In the event a new classification is established, the City shall assign it to a pay
grade based upon the work to be performed after comparison with other classifications.
The City shall provide the Union president with a written classification description of the new or
changed classification which shall describe the content sufficiently to identify the classification.
Upon receipt of the City's description, the president of the Union, or his/her designated representative,
shall be afforded an opportunity to discuss the new or changed classification and assignment to the pay
Resolution No. 2006-052 N.C.S. Page 23
grade with the City Manager or his/her representative. If the Union does not request a meeting within
five (5) work days of the receipt of the City's recommendation, it shall be deemed to be approved by the
Union.
SECTION 39 -PROBATIONARY PERIOD
All original, transfer, and promotional appointments shall be subject to a probationary period. The
probationary period shall be regarded as part of the testing process. It shall be utilized for closely
observing the employee's work performance. A probationary employee, whose performance does not
meet the required standards of work, may be rejected.
In accordance with the City's administrative policy, a minimum of a six (6) month probationary period
is required for all established classifications. However, an incumbent in a technical classification serves
a twelve (12) month probationary period; an incumbent in a clerical classification serves a six (6) month
probation period.
For promotion and/or transfer an employee's probationary period is six (6) months. Should an employee
be on a leave of absence without pay, the probationary period will be extended for that time.
During the probationary period, an employee may be rejected at any time by the City Manager without
cause and without the right of appeal.
Any employee rejected during the probationary period following a promotional or transfer appointment
shall be discharged except as provided in section Transfers and Promotions.
Promotions of employees still on probation will result in a new probationary period for the class into
which the individual was promoted.
SECTION 40 -DISCIPLINE PROCEDURE
40.1 Discipline -Methods
When an employee has not met standards of professional conduct the City of Petaluma may
impose the following types of discipline:
(A) Verbal Counseling
(B) Letters of Counseling
(C) Corrective Written Action
(D) Suspension Without Pay
(E) Reduction in Pay
(F) Demotion
(G) Disciplinary Probation
(H) Discharge/Ternlination
Any authorized supervisor may initiate and recommend discipline for cause against an employee under
his/her supervision in accordance with these procedures.
Resolution No. 2006-052 N.C.S. Page 24
40.2 Discipline -Verbal Counseling
The City may correct an employee with verbal counseling. There shall be no written notice of
verbal counseling placed in an employee's personnel file.
40.3 Discipline -Letters of Counseling
The City may correct an employee with a letter of counseling. The letter of counseling shall be
placed in an employee's personnel file. Employees may request. in writing to the department
director with a copy to the Human Resources office that letters of counseling which are two (2)
or more years old be destroyed when:
(A) The employee's personnel. file does not contain subsequent letters of corrective action;
and,
(B) There is no other current or pending corrective action at the time the employee submits
his/her request to the department director.
40.4 Discipline -Corrective Written Action
The City may correct an employee in a written notice. The written notice shall include the basis
for the correction and by attachment any other relevant documents. The employee may within
thirty (30) calendar days respond to 'the City, either in writing or orally to the notice before it is
placed in his/her personnel file. If the employee chooses, he/she may prepare a written response
and have it placed with the City's written correction in his/her personnel file.. There shall be no
further appeal of a written correction.
40.5 Discipline -Employee Notice
For discipline other than a written correction, the employee shall receive a written notice of the
discipline, the basis for the discipline, and by attachment other documents upon which the
discipline is based, along with notice of the right to respond, either in writing or orally, before
discipline is imposed.
If requested by the employee in writing within fourteen (14) calendar days the City shall meet
with the employee, unless a different date is set by mutual agreement.
40.6 Discipline -Employee Response
If the employee elects to respond to the discipline, he/she shall either provide a written request to
the City within seven (7) calendar days of receiving the. notice of discipline. The request may be
accompanied by a written position statement. If requested, the department director shall convene
a meeting within seven (7) calendar days of receiving. the request to review the employee's
response and position before discipline is imposed. The employee shall be entitled to a
representative of his/her choice, provided that the representative shall not be directly involved in
the events underlying the proposed discipline. At the meeting, the employee shall be provided
an informal opportunity to respond to the discipline and to present any information for
consideration by the department director. Seven (7) calendar days after the employee has been
provided an opportunity to respond to the discipline, the department director shall issue a written
notice with his/her decision.
Resolution No. 2006-052 N.C.S. Page 25
40.7 Discipline -Employee Appeal
For suspension greater in severity than five (5) working days, and other discipline other than
written correction, the employee shall have the right to appeal the department director's decision
to the City Manager or alternatively, the Union may elect to appeal the discipline to advisory
arbitration before discipline is imposed. If the employee elects to appeal the discipline to the City
Manager, or if the Union elects to appeal the discipline to advisory arbitration, they shall within
fourteen (14) calendar days from the notice of the department director's final decision submit a
written request to the City Manager to appeal the discipline. If no written request is submitted to
the City Manager within the fourteen (14) day time frame, the right of appeal is waived and the
discipline shall become final.
40.8 Discipline - Employer Review
If the employee elects to have the City Manager review the discipline, the City Manager shall
convene a meeting to review the employee's response and position before discipline is imposed.
The employee shall be entitled to a representative of his/her choice. At the meeting, the
employee shall be provided the opportunity to respond to the discipline and to present any
information for consideration by the City Manager. Fourteen (14) calendar days after the
employee has been provided an opportunity to respond to the discipline, the City Manager shall
issue a written notice with his/her decision. The City Manager's decision shall be final.
40.9 Discipline - AdvisorYArbitration
As an alternative, the Union may elect to appeal discipline to advisory arbitration before
discipline is imposed.
(A) The arbitrator shall be selected from a list provided by the American Arbitration
Association or the State Mediation and Conciliation Service. A list of seven names shall
be requested from either source in a manner to be jointly agreed upon by the City and
Union. The City and the Union, shall alternatively delete names from the list.
(B) The arbitrator so selected shall conduct a hearing as expeditiously as possible at a time
and place convenient to the City, the. employee and the Union.
(C) The arbitrator shall have the authority to convene the hearing, receive evidence through
testimony and documents and to make findings of fact and conclusion whether the
discipline was for just cause and whether the discipline was appropriate. The arbitrator
may recommend an outcome, but the final authority rests with the City Manager.
(D) Within thirty (30) calendar days after the hearing, the arbitrator shall submit in writing
his/her advisory recommendations to the City Manager and the employee.
(E) Within fourteen (14) calendar days of receipt of the arbitrator's advisory
recommendations, the City Manager shall issue a final decision. The City Manager's
decision shall be final.
(F) Any costs associated with the arbitration hearing shall be borne equally by the .City and
Union.
Resolution No. 2006-052 N.C.S. Page 26
(G) City employees who are employed "at-will," or who are temporary or probationary, are
not subject to the requirement of good cause, and are not entitled to these discipline
procedures.
SECTION 41-GRIEVANCE PROCEDURE
41.1 Purpose of the Procedure
The purpose of the grievance procedure is to process and resolve grievances arising out of the
interpretation, application, or enforcement of the express terms of this agreement; to promote
improved employer-employee relations by establishing procedures for resolving such
grievances; to afford employees individually or through his/her recognized employee
organization a systematic means of obtaining further consideration of such grievances after every
reasonable effort has failed to resolve them through discussions; to provide that the grievances
shall be settled as near as possible to the point of origin; to provide that the grievance procedure
shall be conducted as informally as possible.
"Grievance" is defined as any dispute concerning the interpretation, application, or enforcement
of the express terms of this agreement (not including disputes regarding or appeals of
disciplinary actions).
41..2 Conduct of Grievance Procedure ,
(A) The time limits specified below may be extended to a definite date by mutual agreement
of the employee, his/her representative, and the reviewer concerned.
(B) The employee may request the assistance of another person of his/her own choosing in
preparing and presenting hislher grievance at any level of review.
(C) The employee and his/her representative may be permitted to use a reasonable amount of
work time as determined by the appropriate department director in conferring about and
presenting the grievance.
(D) Employees. shall not be retaliated against for using the grievance procedures.
41.3 Grievance Procedure
(A) Step One
An employee who has a grievance (as defined above) should first try to get it settled
through an informal discussion with his/her immediate supervisor without undue delay.
The employee must present the grievance within thirty (30) working days of the event(s)
giving rise to the grievance or the grievance shall be deemed untimely. Every effort
should be made to find an acceptable solution by informal means at his/her lowest
possible level of supervision.
If the employee is not in agreement with the decision reached by the informal discussion
in Step One, the employee shall have the right to elevate the grievance to Step Two.
Resolution No. 2006-052 N.C.S. Page 27
(B) Step Two
To elevate to Step Two, the employee shall submit a written grievance within ten (10)
working days after the informal discussion with the immediate supervisor. The written
grievance shall specify the term of the agreement at issue and 'the factual basis of the
grievance. The immediate supervisor shall render a decision in writing and return it to the
employee within ten (10) working days after receiving the written grievance.
If the employee is not in agreement with the written decision rendered by his/her
immediate supervisor, the employee shall have the right to elevate the grievance to Step
Three.
If the employee does not receive a decision in writing from his/her immediate supervisor
within fifteen (15) working days of the employee's submission of the written grievance,
the employee may elevate the grievance to Step Three.
Failure of the employee to take further action within the days specified shall be
considered by the City as dropping the grievance.
(C) Step Three
To elevate to Step Three, the employee shall present the written grievance within ten (10)
working days after receiving the immediate supervisor's written decision, or if no
decision is rendered, within fifteen (15) working days of the employee's submission of
the written grievance to his/her immediate supervisor.
If the next. level of supervision is not a department director, the next level. supervisor, or
manager shall discuss the grievance with the employee, and his/her representative if
requested, and any other person the supervisor or manager deems appropriate.. The
supervisor or manager shall render a decision in writing, and return it to the employee
within ten (10) working days after receiving the written grievance.
If the employee is not in agreement with the written decision rendered by his/her
supervisor or manager, the employee shall have the right to elevate the grievance to Step
Four.
If the employee does not receive a decision in writing from his/her supervisor or manager
within fifteen (15) working days of the employee's submission of the writteri grievance,
the employee may elevate the grievance to Step Four.
Failure of the employee to take further action within the days specified shall be
considered by the City as dropping the grievance.
(D) Step Four
To elevate to Step Four, the employee shall present the written grievance within ten (10)
working days after receiving the supervisor or manager's written decision, or if no
decision is rendered, within fifteen (15) working days of the employee's submission of
the written grievance to the supervisor or manager.
Resolution No. 2006-052 N.C.S. Page 28
The department director shall discuss the grievance with the employee, and his/her
representative if requested and any other person the department director deems
appropriate. The department director shall render a decision in writing, and return it to
the employee within ten (10) working days after receipt of the written grievance.
If the employee is not in agreement with the written decision rendered by his/her
department director, the employee shall have the right to elevate the grievance to Step
Five.
If the employee does not receive a decision in writing from his/her department director
within fifteen (15) working days of the employee's submission of the written grievance,
the employee may elevate the grievance to Step Five.
Failure of the employee to take further action within the days specified shall be
considered by the City as dropping the grievance.
(E) Step Five
To elevate to Step Five, the employee shall present the written grievance within ten (10)
working days after receiving the department director's written decision, or if no decision
is rendered, within fifteen (15) working days of the employee's submission of the written
grievance to the department director.
The City Manager, or a designated representative, shall discuss the grievance with the
employee, and his/her representative if requested, and with other appropriate persons the
City Manager deems appropriate. The City Manager may designate afact-finding
• committee or officer not in the normal line of supervision, to advise him/her concerning
the grievance. The City Manager shall render a decision in writing to the employee
within twenty (20) working days after receipt of the written grievance. The City
Manager's decision shall be final.
SECTION 42 -LAYOFF AND RECALL
42.1 Layoff Application.
Should the City decide, for labor cost-control reasons, to permanently eliminate bargaining unit
work by permanently replacing existing bargaining unit positions with contract or subcontract
employees to do the same work under similar conditions of employment ("Work Elimination"),
the City agrees to notify the Union fourteen (14) days prior to implementation of the work
elimination, in order to allow the Union to meet and confer with. respect to the effects of the
proposed action upon the bargaining unit employees and to propose effective economical
methods, if any, by which such work could continue to be provided by the City's own
employees. It is not the intention of the City to contract out work normally performed by
bargaining unit employees. If the City proposes to abolish a position, whether filled or vacant,
the City will notify the Union and afford the opportunity to meet and confer.
Resolution No. 2006-052 N.C.S. Page 29
42.2 Layoff -Employer Right
Whenever, in the judgment of the City Council, it becomes necessary to abolish any position of
employment due to a re-organization or to separate employees due to lack of work or funds,. the
employee holding such position or employment may be laid off or demoted without disciplinary
action and without the right of appeal.
42.3 Layoff -Employee Notification
Employees to be laid off shall be given, whenever possible, at least fourteen (14) calendar days'
prior notice.
42.4 Layoff -Vacancy and Reclassification
Except as otherwise provided, whenever there is a reduction in the work force, the appointing
authority shall first demote to a vacancy, if any, in a lower classification for which the employee
who is the latest to be laid off in accordance with Section 42.5 is qualified. All persons so
demoted shall have his/her names placed on the re-employment list.
42.5 Layoff -Employee Rights
An employee affected by layoff shall have the right to displace an employee in the same
department who has less seniority in 1) a lower classification in the same classification series or
in 2) a lower classification in which the affected employee once had regular status. For the
purpose of this section and Section 42.6, seniority includes all periods of full-time service at or
above the classification level where the layoff is to occur.
42.6 Layoff -Seniority
In order to retreat to a former or lower classification, an employee must have more seniority than
at least one (1) of the incumbents in the retreat classification, be qualified to hold the retreat
classification or have served iil the retreat classification prior to the layoff and request
displacement action in writing to the Human Resources office within five (5) working days of
receipt of notice of layoff.
Employees within each category shall be laid off in reverse order of seniority within the
classification series. Seniority for the retreat classification would be the combination of time
served (at or above) in the layoff classification and any prior time served in the retreat
classification.-Ties will be broken based upon seniority of total City service.
Employees retreating to a lower or similar classification shall be placed at the salary step
representing the least loss of pay. In no case shall the salary b~e increased above that received in
the classification from which the employee was laid off.
Employees retreating to a lower or similar classification shall serve a probationary period in the
new classification unless they have previously completed a probationary period in the retreat
classification or a higher classification in the series.
42.7 Layoff -Order of
In each classification of position within the competitive service, employees shall be laid off
according to employment status in the following order: temporary, provisional, probationary,
and regular.
Resolution No. 2006-052 N.C.S. Page 30
Temporary, provisional, and probationary employees shall be laid off according to the needs of
the service as deternlined by the appointing authority.
42.8 Recall - Re-Employment List
The names of persons laid off or demoted in accordance with these rules shall be entered upon a
re-employment list. Lists from different departments or at different times for the same
classification of position shall be combined into a single list based on seniority. Such list shall be
used by every appointing authority when a vacancy arises, based on seniority, in the same or
lower classification of position before certification is made from an eligible list.
42.9 Recall -Duration of Re-Employment List
Names of persons laid off shall be carried on a re-employment list for two (2) years.
SECTION 43 -EMPLOYEE PERSONNEL FILE
43.1 Employee Personnel File - Right to Inspect
An employee (or employee representative with written authorization from the employee) shall
have the right to inspect and review his/her employee personnel file. The employee's personnel
file shall be made available to the employee for inspection and review at a mutually agreeable
time between the employee and Human Resource office staff member.
43.2 Employee Personnel File -Acknowledgement Adverse Comments
Before any adverse comments are placed in an employee's personnel file, the employee shall be
given a copy of the material to be placed in his/her file; and written notice that the material will
be placed in his/her personnel file. The material shall contain .either a written acknowledgment
that the employee has received the material and the notice, or a statement signed by the person
who delivered the material that the employee refused to sign such an acknowledgment. The
employee may write a response to the document containing the adverse comment for placement
in his/her personnel file.
SECTION 44 -OTHER
44.1 Performance Evaluations
(A) Performance evaluations are a process designed to acknowledge the performance of an
employee.
(B) A probationary employee shall receive at least one (1) performance evaluation during
his/her probationary period at or near the midpoint of the probationary period.
(C) An employee who disagrees with his/her performance evaluation shall be given
opportunity to submit a written response to the evaluation. The response will accompany
the performance evaluation in the employee's personnel file. The contents of a
performance evaluation shall not be subject to the provisions of the Grievance Procedure
of this MOU.
Resolution No. 2006-052 N.C.S. Page 31
44.2 Safety Committee
The City agrees that it has the obligation to take reasonable steps to furnish employment and a
place of employment, which is safe and healthful for its employees.
The Union may report to the City any condition, which it perceives to be a working condition
that is less than safe or healthful. Upon receiving such a report, the City agrees to meet with the
Union to discuss the reported condition.
A Safety Committee composed of one (I) member of this Unit and a member of management
shall meet with other Unit designees in a Safety Committee that shall meet at least twice (2x)
yearly to discuss safety practices, methods of reducing hazards, safety training, building
inspections and other mandatory elements of the City's Injury and Illness Prevention Program.
SECTION 45 -MUTUAL ACCEPTANCE AND REC®MMENDATION
This document represents the final and complete Agreement resulting from the 2005/2007 Meet
and Confer sessions with the American Federation of State, County and Municipal Employees,
AFSCME, 675, Unit 1 Confidential.
Representatives of the City and Unit 1 acknowledge that they have fulfilled his/her mutual
respective obligations to meet and confer under the Meyers-Milias-Brown Act. As a result, the
parties have come to a mutual understanding, which the representatives of the City and Unit 1,
who have the approval of his/her members, agree to recommend for acceptance and approval to
the City Council of the City.
The parties affix his/her signatures as constituting mutual acceptance and recommendation of this
MOU to become effective July 1, 2005 upon acceptance and approval of the City Council.
AMERICAN FEDERATION OF STATE,, COUNTY, AND MUNICIPAL EMPLOYEES
Nadia Bledsoe Date
Business Agent
American Federation of State,
County, and Municipal Employees
John Matyja Date
Union President
American Federation of State,
County, and Municipal Employees
Resolution No. 2006-052 N.C.S. Page 32
Robert Volz Date
Negotiation Committee
American Federation of State,
County, and Municipal Employees
CITY OF PETALUMA
Pamala Robbins Date
Human Resources Manager
Jim Carr Date
Director of Parks and Recreation
Resolution No. 2006-052 N.C.S. Page 33
EXHIBIT A -Salary Table
AFSCME -Local 675, Confidential Unit 1
Sala Ran es Effective Jul 1, 2005 throu h Jul 3, 2005
Glassfcation ~ 1` - ~ 2 '3 4: 5
Administrative Assistant $20.71 $21.75 $22.84 $23.98 $25.17
Deputy City Clerk $20.81 $21.85 $22.95 $24.08 $25.29
Human Resources Assistant I $16.49 $17.31 $18.17 $19.09 $20.03
Human Resources Assistant II $19.67 $20.65 $21.69 $22.77 $23.91
Human Resources Specialist $22.85 $23.99 $25.18 $26.44 $27.77
Information Systems Analyst $29.24 $30.71 $32.24 $33.86 $35.55
Information Systems Technician $23.13 $24.29 $25.51 $26.78 $28.12
Office Assistant II $16.49 $17.31 $18.17 $19.09 $20.03
Secretary $18.51 $19.44 $20.40 $21.43 $22.50
Sala Ran es Effective Jul 4, 2005 throu h Janua 1, 2006 - 2 % increase
Classification 1 2 :3~ ~ 4 5
Administrative Assistant $21.12 $22.19 $23.30 $24.46 $25.67
Deputy City Clerk $21.23 $22.29 $23.41 $24.56 $25.80
Human Resources Assistant I $16.82 $17.66 $18.53 $19.47 $20.43
Human Resources Assistant II $20.06 $21.06 $22.12 $23.23 $24.39
Human Resources Specialist $23.31 $24.47 $25.68 $26.97 $28.33
Information Systems Analyst $29.82 $31.32 $32.88 $34.54 $36.26
Information Systems Technician $23.59 $24.78 $26.02 $27.32 $28.68
Office Assistant II $16.82 $17.66 $18.53 $19.47 $20.43
Secretary $18.88 $19.83 $20.81 $21.86 $22.95
Resolution No. 2006-052 N.C.S. Page 34
EXHIBIT A -Salary Table
AFSCME - Loca1675, Confidential Unit 1
Sala Ran es Effective Janua 2, 2006 throu h Jul 2, 2006 - 2 % increase
Clas`si`fcatori" 1~ 2 ~ 3 ~ " 4 5
Administrative Assistant ~ $21.55 $22.63 $23.76 $24.95 $26.19
Deputy City Clerk $21.65 $22.73 $23.88 $25.05 $26.31
Human Resources Assistant I $17..16 $18.01 $18.90 $19.86 $20.84
Human Resources Assistant II $20.46 $21.48 $22.57 $23.69 $24.88
Human Resources Specialist $23.77 $24.96 $26.20 $27.51 $28.89
Information Systems Analyst $30.42 $31.95 $33.54 $35.23 $36.99
Information Systems Technician $24.06 $25.27 $26.54 $27.86 $29.26
Office Assistant II $17.16 $18.01 $18.90 $19.86 $20.84
Secretary $19.26 $20.23 $21.22 $22.30 $23.41
Sala Ran es Effective Jul 3, 2006 throu h June 30, 2007 - 3 % increase
Cl"assfication 1 2 3' ~ 4 5
Administrative Assistant $22.19 $23.31 $24.48 $25.70 $26.97
Deputy City Clerk $22.30 $23.41 $24.59 $25.80 $27.10
Human Resources Assistant I $17.67 $18.55 $19.47 $20.46 $21.46
Human Resources Assistant iI $21.08 $22.13 $23.24 $24.40 $25.62
Human Resources Specialist $24.49 $25.71. $26.98 $28.33 $29.76
Information Systems Analyst $31.33 $32.91 $34.55 $36.28 $38.10
Information Systems Technician $24.79 $26.03 $27.34. $28.70 $30.13
Office Assistant II $17.67 $18.55 $19.47 $20.46 $21.46
Secretary $19.84 $20.83 $21.86 $22.96 $24.11
Resolution No. 2006-052 N.C.S. Page 35
UNIT 2
MEMORANDUM OF UNDERSTANDING
AFSCME -LOCAL 675
MAINTENANCE UNIT
FISCAL YEAR 2005-2007
Resolution No. 2006-052 N.C.S. Page 36
_ - _ . -
_ TABLE OF`~CON.T,ENTS', ` _ - .
Section Provision Page
PREAMBLE 1
SECTION 1 -TERM OF AGREEMENT 1
1.1 Effective Date 1
1.2 Notice of Successor Memorandum 1
1.3 Other Terms of Agreement 1
SECTION 2 -RECOGNITION 2
2.1 Recognition -Union Recognition 2
2.2 Recognition -City Recognition 2
SECTION 3 -DEFINITION OF TERMS 2
SECTION 4 -UNION RIGHTS 3
4.1 Union Rights -Stewards and Representatives 3
4.2 Union Rights -Bulletin Boards 3
4.3 Union Rights -Excused Absence 3
4.4 Union Rights -Union/City Meetings 4
4.5 Union Rights -Advanced Noticed 4
4.6 Union Rights -List of Employees 4
SECTION 5 -UNION SECURITY 4
5.1 Union Security -Agency Shop 4
5.2 Union Security -Union Membership or Payment of Agency Fees 5
5.3 Union Security -Revocation of Membership 5
5.4 Union Security -Payroll Deductions 6
5.5 Union Security -Discipline 6
5.6 Union Security -Indemnification and Hold Harmless 7
5.7 Union Security -Payroll Deductions 7
5.8 Union Security -Written Authorization -Dues 7
5.9 Union Security -Change in Deductions 7
SECTION 6 -SALARIES 7
6.1 Salaries 7
6.2 Salary -Permanent Transfer to a New Classification 7
6.3 Salary -Transfer to a Lower Classification 7
6.4 Salary -Transfer or Promotion -Entitlement to Retreat 8
6.5 Salary -Temporary Assignment to a Higher Class 8
6.6 Termination Pay -Employee's Hourly Rate 8
SECTION 7 -SPECIAL COMPENSATION 8
7.1 Special Compensation -Smoking Cessation Plan 8
7.2 Special Compensation -Uniform Allowance 8
7.3 Special Compensation -Work Boots 8
7.4 Special Compensation -Bilingual Pay -Spanish 8
SECTION 8 -ALTERNATE WORK WEEK AND OVERTIME 9
8.1 Alternate Work Schedule 9
8.2 Alternate Work Week -Overtime 9
8.3 Overtime -Missed Meal Period 9
8.4 Overtime -Compensation Rate 9
Resolution No. 2006-052 N.C.S. Page 37
Section Provision Page
8.5 Overtime -Assignment of 9
8.6 Overtime -Twenty-Four (24) Hour Notice 9
8.7 Overtime -Holiday Schedule 9
8.8 Rest Periods 9
8.9 Meal Period -Duty Free 9
8.10 Meals -Non-Duty Free 10
SECTION 9 -COMPENSATORY TIME 10
9.1 Compensatory Time Off -City Choice 10
9.2 Compensatory Time Payment 10
9.3 Compensatory Time Payments -Separation From City of Petaluma 10
SECTION 10 -CALLBACK AND STANDBY 10
10.1 Callback 10
10.2 Standby -Defined 10
10.3 Standby -Weekend/Holiday 11
SECTION 11-PREMIUM PAY 11
11.1 Premium Pay - Arborist Duties 11
11.2 Premium Pay -Heating Ventilation/Air Conditioning/Refrigerant 11
11.3 Premium Pay -Animal Control Officer Field Training 11
11.4 Premium Pay - DMV Test Examiner 11
SECTION 12 -HOLIDAYS 12
12.1 Holidays -Fixed Holidays 12
12.2 Holidays -Floating Holidays 12
12.3 Holidays -Bonus Holiday 12
SECTION 13 -VACATION 12
13.1 Vacation -Accrual 13
13.2 Vacation -Scheduling 13
13.3 Vacation -Deferral 13
1.3.4 Vacation -Usage 13
13.5 Vacation -Payment Upon Termination 13
SECTION 14 -LEAVES -SICK LEAVE 13
14.1 Sick Leave -Eligibility 13
14.2 Sick Leave -Accrual 14
14.3 Sick Leave -General 14
14.4 Sick Leave -Transfer 15
14.5 Sick Leave -Retirement Payout 15
SECTION 15 -LEAVES -INDUSTRIAL INJURY LEAVE 16
15.1 Industrial Injury Leave -Workers' Compensation 16
15.2 Industrial Injury Leave -Determination of Industrial Disability Leave 16
15.3 Industrial Injury Leave -Notice and Proof of Industrial Disability 16
SECTION 16 -LEAVES -BEREAVEMENT LEAVE 17
SECTION 17 -LEAVES -VICTIMS OF DOMESTIC VIOLENCE AND
SEXUAL ASSAULT 17
SECTION 18 -LEAVES -MILITARY LEAVE 17
SECTION 19 -LEAVES -ELECTION OFFICER LEAVE AND VOTING LEAVE 17
SECTION 20 -LEAVES -SCHOOL VISITATION LEAVE 18
SECTION 21-LEAVES -LEAVE OF ABSENCE WITHOUT PAY 18
Resolution No. 2006-052 N.C.S. Page 38
Section Provision Pale
21.1 Leave -Method of Requesting Leaves of Absence Without Pay 18
21.2 Leave -General Conditions 18
21.3 Leave -Personal Leave 18
21.4 Leave -Medical Leave 18
SECTION 22 -LEAVES -.BURY DUTY LEAVE 19
SECTION 23 -FAMILY CARE AND MEDICAL LEAVE (FMLA & CFRA) 19
23.1 FMLA and CFRA Leave 19
23.2 FMLA and/or CFRA -Second Opinion 19
SECTION 24 -LEAVES -PREGNANCY DISABILITY LEAVE 19
SECTION 25 -DISCRIMINATION, HARASSMENT AND
RETALIATION PROHIBITED 20
SECTION 26 -REASONABLE ACCOMMODATION 20
SECTION 27 -CALIFORNIA PUBLIC EMPLOYEES' RETIREMENT SYSTEM 20
SECTION 28 -HEALTH BENEFITS -ACTIVE EMPLOYEES 20
SECTION 29 -HEALTH BENEFITS -RETIRED EMPLOYEES 21
29.1 Retired Employees - CaIPERS and the PEMHCA 21
29.2 Ca1PERS Annuitant -PEMHCA Health Benefits 22
29.3 Less Than 20 Years of Service -Not Receiving PEMHCA Health Benefits 22
29.4 Less Than 20 Years of Service -Receiving PEMHCA Health Benefits 22
29.5 20 Years or More of Service -Not Receiving PEMHCA Health Benefits 22
29.6 20 Years or More of Service -Receiving PEMHCA Health Benefits 23
SECTION 30 -CASH IN-LIEU OF HEALTH AND DENTAL BENEFITS 23
SECTION 31-SECTION 125 PLAN 24
SECTION 32 -DENTAL INSURANCE 24
SECTION 33 -VISION INSURANCE 24
SECTION 34 -LIFE INSURANCE 24
SECTION 35 -DISABILITY INSURANCE 24
35.1 Short -Term Temporary Disability Benefit Program 24
35.2 Short -Term Disability Insurance -Voluntary 25
35.3 Long -Term Disability Insurance 25
SECTION 36 -EMPLOYEE ASSISTANCE PROGRAM 25
SECTION 37 -DEFERRED COMPENSATION 25
SECTION 38 - CLASS B DRIVERS' LICENSE 25
38.1 Class B -Requirement 25
38.2 Class B -New Hires 25
38.3 Class B -Application 25
38.4 Class B -Lap/Loss of Class B -Medical 25
38.5 Class BLap/Loss - Written/Practical 26
38.6 Class B -DOT Testing 26
SECTION 39 -PROMOTIONS 27
39.1 Promotion -Application 27
39.2 Promotion -Notice of Examinations 27
SECTION 40 -TEMPORARY APPOINTMENTS 27
SECTION 41-TRANSFERS BETWEEN SECTIONS 28
SECTION 42 -NEW OR CHANGED CLASSIFICATIONS 28
SECTION 43 -SENIORITY 29
Resolution No. 2006-052 N.C.S. Page 39
Section Provision Pa;?e
43.1 Seniority Application 29
43.2 Seniority List 29
SECTION 44 -PROBATION 29
SECTION 45 -DISCIPLINE PROCEDURE 30
45.1 Discipline -Methods 30
45.2 Discipline -Verbal Counseling 30
45.3 Discipline -Letters of Counseling 30
45.4 Discipline -Corrective Written Action 30
45.5 Discipline -Employee Notice 31
45.6 Discipline -Employee Response 31
45.7 Discipline -Employee Appeal 31
45.8 Discipline -Employer Review 31
45.9 Discipline -Advisory Arbitration 31
SECTION 46 -GRIEVANCE PROCEDURE 32
46.1 Grievance -Purpose of the Procedure 32
46.2 Grievance -Conduct of Grievance Procedure 32
46.3 Grievance -Grievance Procedure 32
SECTION 47 -LAYOFF AND RECALL 34
47.1 Layoff Application 34
47.2 Layoff -Employer Right 3 5
47..3 Layoff -Employee Notification 35
47.4 Layoff- Vacancy and Reclassification 35
47.5 Layoff -Employee Rights 3 5
47.6 Layoff- Seniority 35
47.7 Layoff -Order Of 36
47.8 Recall - Re-Employment List 36
47.9 Recall -Duration of Re-Employment List 36
SECTION 48 -EMPLOYEE PERSONNEL FILES 36
4$.1 Employee Personnel File -Right to Inspect 36
48.2 Employee Personnel File -Acknowledgement Adverse Comments 36
SECTION 49 -OTHER 36
49.1 Employee Job Training 36
49.2 Safety Committee 36
SECTION 50 - SEVERABILITY CLAUSE 37
SECTION 51 -MUTUAL ACCEPTANCE AND RECOMMENDATION 38
EXHIBIT A -SALARY TABLE
Resolution No. 2006-052 N.C.S. Page 40
PREAMBLE
This Memorandum of Understanding (MOU) is entered into by the City of Petaluma, hereinafter
referred to as the "City" and the American Federation of State, County and Municipal Employees,
(AFSCME) Local 675 -Maintenance Unit 2, hereinafter referred to as the "Union."
The parties hereto desire to confirm and maintain the spirit of cooperation, which has existed between
the City and its employees. The Union and the City will strive to promote a harmonious relationship
between all parties to this agreement that will result ui benefits to the City's operations and its
employees, and provide continuous and uninterrupted services.
Both parties agree to the establishment of an equitable and peaceful procedure for the resolution of
differences; and the establishment of rates of pay, hours of work and other terms and conditions of
employment.
The use of the masculine or feminine gender in this MOU shall be construed as including both genders
and not as sex limitations.
SECTION 1 -TERM OF AGREEMENT
1.1 Effective Date
This MOU shall be effective for a two (2) year term. The fiscal year commencing July 1, 2005,
and ending June 30, 2007, with salary adjustments effective 3uly 4, 2005, January 2, 2006, and
July 3, 2006.
1.2 Notice of Successor Memorandum
The Union will submit in writing to the City not less than niriety (90) days prior to the expiration
date of this MOU and any proposed modifications to this MOU for the subsequent fiscal year.
The parties will commence to meet and confer not less than seventy-five (75) days prior to the
expiration date of this MOU and will endeavor to reach an agreement, in a written MOU for
submission to the City Council for its determination, prior to the adoption by the City of its final
budget for the subsequent fiscal year.
1.3 Other Terms of Agreement
(A) This MOU is subject to the approval of the City Council of the City.
(B) The terms, benefits, and conditions of employment granted this unit is governed solely by
this MOU.
(C) The terms of this MOU shall commence on July 1, 2005, and continue until the
expiration date of June 30, 2007, and from year to year thereafter unless written notice is
given by one party to the MOU as set forth in Section L2.
(D) Negotiations upon the modification or amendments shall be conducted promptly at a time
and place mutually agreeable to both parties and shall continue through said period in an
effort to reach agreement.
Resolution No. 2006-052 N.C.S. Page 41
(E) The Union and its officials will not, directly or indirectly, take part in any action against
or any interference with the operations of the City during the term of this MOU.
(F) The City shall not conduct a lockout of its employees during the term of this MOU.
SECTION 2 -RECOGNITION
2.1 Recognition -Union Reco mg_tion
Subject to the statutory rights of self-representation under Government Code section 3503,
AFSCME, Local 675, Unit 2, Maintenance, hereafter referred to as the "Union" is the recognized
employee organization for those Maintenance positions listed in Exhibit "A -Salary Table."
2.2 Recognition -City Reeo ni>; tion
The Municipal Employee Relations Officer of the City, or any person or organization duly
authorized by the Municipal Employee Relations Officer, is the representative of the City of
Petaluma, hereinafter referred to as the "City" in employer-employee relations.
SECTION 3 -DEFINITION OF TERMS
The following definitions apply throughout this MOU unless the context requires another meaning.
3.1 The terms "employee" and "employees" as used in this MOU, (except where the MOU clearly
indicates otherwise) shall mean only an employee or employees within the unit described in
Description of Unit.
3.2 The term "temporary" shall mean any individual or individuals whose employment is limited in
duration.
3.3 The term "regular full-time employee" shall mean an employee whose normal schedule of work
is forty (40) hours per calendar work week.
3.4 The term "part-time employee" shall mean an employee whose normal schedule of work is less
than a regular full-time empYoyee.
3.5 "Calendar day" means the twenty-four (24) consecutive hour period beginning at midnight, and
ending at midnight the following day.
3.6 "Calendar work week" means a consecutive seven (7) days beginning at 0001 day 1 and
continuing until 2400, 168 hours later.
3.7 "Normal work week" means any five (5) consecutive calendar days within a calendar work
week.
3.8 "Seniority" means uninterrupted employment with the City beginning with the last date hired by
the City and shall include periods of City employment outside the Unit, but shall exclude periods
of layoff and leaves of absence, except medical, in excess of thirty (30) consecutive days,
including the first thirty (30) days of such absence.
Resolution No. 2006-052 N.C.S. Page 42
3.9 An employee is a "probationary employee" for his/her first six (6) months of employment.
Periods of absence exceeding five (5) working days shall not be counted towards completion of
the probationary period.
SECTION 4 -UNION RIGHTS
4.1 Union Rights -Stewards and Representatives
The City recognizes and agrees to meet with the five (5) accredited Union stewards and
representatives of the Union in all matters relating to grievances and the interpretation of this
MOU.
(A) A written list of the officers of the Union and the Union stewards with the specific areas
they represent shall be furnished to the City. Notice of any changes of such Union
officers or stewards shall be promptly forwarded to the City in writing.
(B) The number of Union stewards shall not exceed five (5). Any change in the number of
stewards shall be made by written consent of both parties.
(C) Upon the request of the aggrieved employee, a steward or Union officer may investigate
the specified grievance and assist in its presentation. A reasonable amount of paid time
shall be afforded the steward or Union officer while investigating such grievance. In
presenting such grievance to the City, the steward or Union office shall be allowed
reasonable time off during regular working hours without loss of pay, subject to prior
notification of his/her immediate supervisor and with the concurrence of the City
Manager.
(D) Upon request to the Human Resources Manager, a representative of the Union who will
be representing the employee in the grievance procedure may visit work areas at a time
mutually agreeable to both parties for the purpose of preparing the case. Such visitation
rights shall be limited to a reasonable amount of time and shall not interfere with normal
work operations.
(E) During such visit, the representatives may inspect any area relevant to the grievance with
the Union steward or his/her designated representative.
4.2 Union Rights -Bulletin Boards
The City shall provide the Union with space on bulletin boards in areas where the Union has
employees it represents for the purpose of posting Union notices. Such notices maybe posted by
the steward, although not limited to the following notices, they may include:
(A) Recreational and social event of the Union
(B) Union meetings
(C) Union elections, appointments
(D) Results of Union elections
In the event a dispute arises concerning the appropriateness and/or amount of material posted,
the steward of the Union will be advised by the City Manager of the nature of the dispute and the
Resolution No. 2006-052 N.C.S. Page 43
disputed material will be removed from the bulletin boards until the dispute is resolved. The City
and the Union will meet within five (5) work days to attempt to resolve the issue.
4.3 Union Rights -Excused Absence
Upon written request of the secretary treasurer of the Union, an employee who is elected or
selected by the Union may be granted an excused absence without pay for a period not to exceed
five (5) days per year to attend conferences or conventions. Not more than one (1) employee will
be granted an excused absence at any one time.
4.4 Union Rights - Union/City Meetings
At the request of either the Union or the City, conferences shall be held for the purpose of
considering matters of mutual interest, other than mutually acceptable arrangements as to time
and place can be made. All such conferences shall be arranged through the steward of the Union,
or his/her designated representative, and a designated representative of the City Manager.
Representatives of the Union, not to exceed two (2), shall not suffer loss of time or pay when
absent from his/her normal schedule of work for the purpose of attending a conference.
Conferences may be attended by representatives of the Union. Benefit plan review and proper
classification assignment will be appropriate subjects for conferences.
It is understood that any matters discussed, or any action taken .pursuant to such conferences,
shall in no way change or alter any of the provisions of the MOU, or the rights of either the City
or the Union under the terms of the MOU.
4.5 Union Rights -Advanced Notice
Except in cases of declared emergencies, reasonable advance written notice shall be given the
Union of any ordinance, rule, resolution or regulation directly relating to matters within the
scope of representation proposed to be adopted by the City Council and shall be given the
opportunity to meet and. confer prior to adoption.
(A) In cases of emergency when the City Council determines that an ordinance, rule,
resolution, or regulation within the scope of representation must be adopted immediately
without prior notice or meeting and conferring with the Union, the City agrees to meet
and confer within a .reasonable and practical time after the termination of the emergency
situation.
(B) During the course of such declared emergencies, the City shall have the sole discretion to
act as may be required during the course of the emergency to ensure the provision of
what it determines to be adequate and necessary public service, including, if necessary,
the authority to temporarily suspend any provision of this MOU. Upon the termination of
said emergency, the terms and conditions of the existing MOU will again become
effective.
4.6 Union Rights -List of Em lp ogees
The City agrees to annually, no later than September; furnish the Union with the names,
classifications, and dates of hire for all members of Unit 2 -Maintenance.
Resolution No. 2006-052 N.C.S. Page 44
SECTION 5 -UNION SECURITY
5.1 Union SecurityAgency Shop
The following modified Agency Shop procedures shall apply to all employees represented by the
Union.
(A) Limitation of Provision
This provision shall be in accordance with and the parties agree to abide by the
provisions of Government Code Section 3502.5.
(B) Dut.
off Representation
The Union agrees that it has the duty to provide fair and non-discriminatory
representation to all bargaining unit employees regardless of whether they are members
of the Union.
(C) Applicability
The provisions of this section shall not apply during periods that an employee is
separated from the representation unit, including, but not limited to, transfers, layoff and
leaves of absence without pay.
(D) Compliance with Federal/State Laws
If any provisions of this MOU are invalid under an applicable. federal or state law, said
provision shall be modified to comply with the requirements of said federal or state law.
5.2 Union Security- Union Membership or Payment of Agency
All bargaining unit employees shall, as a condition of continued employment, either:
(A) Become and remain a member of the Union;
(B) Pay to the Union an agency fee in an amount which does not exceed an amount that may
be lawfully collected under applicable constitutional, statutory, and case law. This
amount shall be equal to or less than the monthly dues paid by members for the duration
of this MOU, it being understood that it shall be the sole responsibility of the Union to
determine an agency fee which meets the above criteria; or
(C) Religious Objection. Pursuant to Section 3502.5 (c) of the Government Code, for
employees who are a member of a bona fide religion, body, or sect which has historically
held conscientious objections to joining or financially supporting public employee
organizations, such employee shall not be required to join, maintain membership in, or
financially support the Union as a condition of employment. Such employee shall, in lieu
of payment of dues or agency fee to the Union, pay a charity fee in an amount no greater
than such agency fee to one (1) of the following four (4) non-religious, non-labor,
charitable funds that are tax exempt under Section 501(c)(3) of the Internal Revenue
Code.
Resolution No. 2006-052 N.C.S. Page 45
The employee shall choose from the following:
Petaluma Peoples Service Center Meals on Wheels
Petaluma Peoples Service Center Senior Nutrition Site
Petaluma Boys and Girls Club
Hospice of Petaluma
5.3 Union Security -Revocation of Membership
Once each year, in December, and for a new employee, at the time he/she commences
employment with the City, each employee of the bargaining unit may elect to revoke Union
membership without penalty to his/her employment with the City, on an appropriate form
approved by the City. The party electing to revoke membership shall be subject to the provisions
of section 5.2 (C) above.
5.4 Union Security -Payroll Deductions
Payroll deductions for Union dues or agency fees shall. be made only upon the employee's
written authorization on a payroll deduction form approved by the City and shall terminate in the
event the employee chooses the revocation of membership of Union membership in accordance
with section 5.3.
(A) Authorization
Subject to the revocation of membership of section 5.3, all new employees who are hired
into job classifications in this unit may at the time of hire execute an authorization for the
payroll deduction for Union dues. Authorization, cancellation, or modification of payroll
deduction shall be made upon forms provided or approved by the City Manager. The
voluntary payroll deduction authorization shall remain in effect until employment with
the City is terminated or until otherwise revoked in accordance with the terms of this
paragraph. Employees may authorize dues deductions only for the Union certified as the
recognized representative of the unit to which such employees are assigned. Any dues
deduction authorization will automatically terminate in the event that the Union's status
as exclusive representative for the bargaining unit members ternlinates.
(B) Sufficiency of Earnings
The employee's earnings must be sufficient to cover the amount of the deductions herein
authorized after all other required deductions are made. When an employee is in a
non-pay status for an entire pay period, no withholdings will be made to cover that pay
period from future earnings, nor will the employee deposit the amount which would have
been withheld with the City if the employee had been in pay status during that period. In
the case of any employee who is in a non-pay status during a part of the pay period, and
the salary is not sufficient to cover the full withholding, no deduction shall be made. In
this connection, all other required deductions have priority over the Union dues
deduction.
(C) Union Dues
Payroll deductions shall be for a specific amount and uniform as between employee
members of the Union. Check-off authorization for Union dues which were executed
prior to the execution of this MOU shall remain in full force and effect.
Resolution No. 2006-052 N.C.S. Page 46
(D) Payment to Union
Amounts deducted and withheld by the City shall be transmitted to the officer designated
in writing by the Union as the person authorized to receive .such funds at the address
specified.
5.5 Union Security -Discipline
No employee shall be disciplined under this section unless the Union has first:
(A) Notified the employee by letter, explaining that he/she is delinquent in not tendering the
required Union fee, specifying the amount of such delinquency, and warning the
employee that unless such Union fee is tendered within thirty (30) calendar days, the
employee will be reported by the Union. to the City for disciplinary action as provided for
in this section, and
(B) Furnished the City with written proof that the procedure set forth in paragraph (A) above
has been followed, and has supplied. the City with a copy of the letter sent to the
employee and notice that the employee has not complied with the request, along with the
following certification:
The Union certifies that the employee has failed to tender the Union fee required as a
condition of employment under the MOU, and therefore, under the terms of the MOU,
the Union requests that the City terminate the employee's employment with the City.
5.6 Union Security -Indemnification and Hold Harmless
The Union agrees to indemnify, defend, and hold the City harmless against any and all claims,
demands, suits, orders, judgments, or any form of liability that may arise out of or by reason of
this section; or that arise out or by reason of, any actions taken or not taken by the City under
this section. This includes, but is not limited to, the City's reasonable attorneys' fees and costs.
In addition, the Union shall refund to the City any amounts paid to it in error on presentation of
supporting evidence.
5.7 Union Security.-Payroll Deductions
It is the intent of this section is to provide for the regular dues of Union members to be deducted
from his/her checks insofar as permitted by law. The City agrees to deduct and transmit to the
Union, dues from all Union members within the foregoing unit who have signed. an authorization
card for such deductions in a form agreed upon by the City and the Union. However, the City
assumes no responsibility either to the employee or to the Union, for any failure to make or for
any errors made in making such deductions.
5.8 Union Security -Written Authorization -Dues
The written authorization for Union dues deduction shall remain in full force and effect, during
the life of the current MOU between the City and the Union unless canceled in writing.
5.9 Union Security - Change in Deductions
Upon written request of the Union, the City shall change the amount of dues deducted from
Union members' checks.
Resolution No. 2006-052 N.C.S. Page 47
SECTION 6 -SALARIES
6.1 Salaries
Salary ranges shall be as specified in Exhibit "A" for each classification.
6.2 Salary -Permanent Transfer To A New Classification
When an employee is promoted, he/she shall be paid the hourly rate next higher to his/her own
within the pay grade for the classification to which he/she was promoted.
6.3 Salary -Transfer to a Lower Classification
A permanent or probationary employee who is transferred to a class with a lower salary without
a break in service will receive the same rate of pay he/she received prior to the transfer. Such
salary shall not be increased until the time that a higher salary of the class to which he/she was
transferred equals or exceeds his/her salary. Such transfer may be departmental or inter-
departmental, and may be made by appointment from an employment list, temporary
appointment, reclassification of position, or reorganization of department, and shall be in accord
with the Personnel Rules and Regulations. The provision of this rule does not apply in cases of
disciplinary demotion, demotion in lieu of layoff, or voluntary demotion. When a person is
involuntarily demoted to a lower classification he/she shall receive the lower rate of pay,
effective the first day assigned to that classification.
6.4 Salary -Transferor Promotion Entitlement to Retreat
An employee who transfers or promotes to another City position shall, for a period of six (6)
months, be entitled to retreat to the job classification formerly held, as long as that position is
currently unfilled. Such an employee shall not be subject to another probationary period, so long
as the employee has successfully completed probation in the pre-promotional classification.
6.5 Salary - Tem~orary Assignment to a Higher Class
(A) It must be approved by the Department Director prior to the employee working out of
classification.
(B) An employee holding a classified position may temporarily be assigned the duties of
another position in a higher classification for a period not to exceed ninety (90) calendar
days during any fiscal year.
(C) The employee shall receive either the next higher step in the classification to which
he/she is assigned or a five (5%) percent increase, whichever is greater.
(D) An employee assigned to a position at an equal or lower classification shall remain at the
current rate of pay.
6.6 Termination Pay -Employee's Hourly Rate
Compensation for vacation, sick leave, and holidays as described in this section shall be
computed at the employee's hourly rate on the effective date of termination.
Resolution No. 2006-052 N.C.S. Page 48
SECTION 7 -SPECIAL COMPENSATION
7.1 Special Compensation - Smoking Cessation Plan
The City agrees to provide any employee of the Unit up to fifty dollars ($50) for completion of a
smoking cessation program, upon receipt of the certificate of completion.
7.2 Special Compensation -Uniform Allowance
The City will provide Uniform Allowance for Animal Control Officers in the amount of five-
hundred-twenty dollars ($520) per year, pro-rated at twenty dollars ($20) per paycheck.
7.3 Special Compensation -Work Boots
The City shall pay the cost of all work boots up to one-hundred-fifty dollars ($150) per fiscal
year. Replacement of work boots shall be on an as-needed basis with approval of the Department
Director. Receipts for work boot reimbursement shall be submitted to the Human Resources
office for processing.
7.4 Special Compensation - Bilin u~y -Spanish
A qualified employee who demonstrates Spanish bilingual proficiency at an acceptable
proficiency level as determined by the Human Resources Manager shall be eligible for Spanish
Bilingual Pay in the amount of two-hundred dollars ($200) per month. To qualify, an employee
must be tested and certified as proficient at an acceptable proficiency level as determined and
certified by the Human Resources Manager and in accordance with the City's Administrative
Policy on Bilingual Proficiency Testing.
SECTION 8 -ALTERNATE WORK WEEK AND OVERTIME
8.1 Alternate Work Schedule
The City agrees to consider reasonable alternative work week programs proposed by the Union.
Such proposals (e.g. four (4) day work week, flex scheduling, 9/80, job sharing) may be
considered on a case-by-case basis by the City. However, the decision as to whether and when, if
at all, to implement such alternate programs, the operation of such programs, and the ability to
modify and/or terminate such programs, is left exclusively with the City.
8.2 Alternative Work Week -Overtime
Employees who are working an alternative work week of forty (40) hours per work week shall
be paid overtime for hours worked beyond the regularly assigned hours for that day in
accordance with the City's alternative work week policy.
8.3 Overtime -Missed Meal Period
If an employee is required to work more than five (5) consecutive hours without a meal period
during a regular work shift, the employee shall be paid at the rate of time and one-half (1.5) for
all time worked in excess of five (5) hours until such time as the employee receives a meal
period.
Resolution No. 2006-052 N.C.S. Page 49
8.4 Overtime -Compensation Rate
All hours worked in excess of eight (8) hours in any one day or in excess of forty (40) hours in
any work week shall be paid for at the overtime rate which shall be one anal one-half (1.5) times
the regular straight time hourly rate of pay. Overtime shall not be pyramided or compounded.
8.5 Overtime -Assignment Of
Overtime shall be distributed as equitably as possible, without favoritism, and in the best
interests of the City among the employees of the department who are qualified to perform and
who have demonstrate the ability to perforn~ overtime services efficiently.
8.6 Overtime - Twent~(24) Hour Notice
In general, overtime work shall be voluntary, provided, however, when at least twenty-four (24)
hours advance notice of an overtime assignment is given or when it is not practical to give
advance notice, an employee will be expected to work.
8.7 Overtime -Holiday Schedule
An employee required to work a paid holiday shall receive, in addition to the eight (8) hours
holiday pay, further compensation at the overtime rate for the actual holiday worked.
8.8 Rest Periods
Whenever practical, employees who for any reason work beyond his/her regular quitting time
into the next shift will be afforded a fifteen (15) minute rest period before starting work on the
next shift. In addition, they shall be granted the regular rest period unless an emergency situation
occurs or exists.
8.9 Meal Period -Duty Free
All employees shall be granted a meal period of thirty (30) minutes during each scheduled work
shift, except for employees who work other than the regular day shift. The designated thirty (30)
minute meal period shall be without pay.
8.10 Meals -Non-Duty Free
The City shall pay eight dollars ($8) to 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. Those employees who work beyond four (4) hours on a callout
after having left the City premises shall receive the eight dollar ($8) meal payment.
There shall be granted a rest period at the time, place, and manner that does not interfere with the
efficient operation of the department. Such rest period shall be with pay and shall not exceed
fifteen (15) minutes for each four (4) hours of work. The rest period is intended to be a recess to
be preceded and followed by an extended work period. Consequently, it may not be used to
cover an employee's late arrival to work or early departure, to extend the meal period, nor may it
be regarded as cumulative if not taken.
Resolution No. 2006-052 N.C.S. Page 50
SECTION 9 -COMPENSATORY TIME
9.1 Compensatory Time Off -City Choice
Employees may accrue compensatory time in lieu of being paid for overtime. Employees may
accrue up to a total of two-hundred-forty (240) hours of compensatory time per fiscal year.
Employees may retain no more than two-hundred-forty (240) hours of compensatory time on the
books at any given time. Compensatory time shall be taken at a mutually agreeable time between
the employee and the City, subject to the operational requirements of the City. Employees may
take up to five (5) days of compensatory time off at a mutually agreeable time between the
employee and the City subject to the operational requirements of the City. Compensatory time in
excess of the two-hundred-forty (240) hour limit shall be paid at one and one-half (1.5) times the
regular rate of pay.
9.2 Compensatory Time Pa n
All accumulated compensation time, but for eighty (80) hours, will be paid to the employee by
the City on the first paycheck in October.
9.3 Compensatory Time Payments -Separation From City of Petaluma
Employees separated from City of Petaluma service shall receive a lump sum payment for all
accumulated, unused compensatory time.
SECTION 10 -CALLBACK AND STANDBY
10.1 Callback
An employee who is called back to work after having completed his/her regular shift and left the
City premises shall receive a minimum of two (2) hours work or two (2) hours pay, at the
overtime rate. To the extent an employee is paid overtime premium pursuant to the overtime
schedule under Section 8.4 (Overtime) listed above, he/she shall not be paid overtime premium
under the callback section for the same time worked. This paragraph shall not apply to
employees, who are called in early for a shift, i.e., when they work continuously from the time
they are called in until his/her regular shift begins.
10.2 Standby -Defined
When an employee is assigned standby, the employee must be ready to respond as soon as
possible, be reachable by telephone or pager, be able to report to work in a reasonable amount of
time, and refrain from activities which might impair his/her ability to perform assigned duties.
Standby assignments shall be rotated as equitably as possible among employees with
consideration given for the qualification and ability of an employee to perform the work. When
possible, standby assignments shall be distributed on a voluntary basis to qualified employees.
An employee shall be required to be on standby assignment when it is determined by the City
that such assignment is essential to the continuing efficient operation of the City or in an
emergency.
An employee assigned standby shall be compensated at the rate of eighteen percent (18%) per
hour of his/her regular hourly rate for every hour the employee actually stands by.
Resolution No. 2006-052 N.C.S. Page 51
10.3 Standby - Weekend/Holiday
A minimum of one (1) hour at time and one-half (1.5) shall be paid by the City for every call or
assignment required.
SECTION 11-PREMIUM PAY
11.1 Premium Pay -Arborist Duties
When asked to perform arborist duties having to do with the tree removal permit process,
sidewalk repair and replacement, development plan review, tree issues or evaluations related to
development, Heritage Tree Ordinance issues and evaluation, tree planting and pruning projects,
including planning, design, specifications, implementation, supervision and inspection, an
employee shall receive Arborist Premium Pay Differential of one and one-half (1.5) times
regular base pay for all time performing such work. An employee must possess an International
Society of Arboriculture (ISA) Arborist Certification to perform arborist duties. The City retains
the right to consult with an outside consultation service.
11.2 Premium Pav -Heating Ventilation/Air Conditionin /g Refrigerant
When asked to perform duties involving work on the Heating Ventilation/Air Conditioning
(HVAC) systems beyond maintenance such as compressor replacement, electrical controls,
pneumatic systems or duties of repair and replace and when asked to perform duties involving
the handling of refrigerants including the purchasing, handling or recycling an employee shall
receive HVAC/Refrigerant Premium Pay Differential of one and one-half time regular base pay
for all time perform such work. An employee must posses a HVAC, C-10 California Contractors
License and Refrigerant Recovery Certificate. The City retains the right to contract out for
services.
11.3 Premium Pav -Animal Control Officer Field Training
When designated by the Animal Services Manager to perform Animal Control Officer Field
Training for an assigned newly hired Animal Control Officer, the approved Animal Control
Officer shall receive five (5%) percent above his/her regular base pay. Field training pertains
only to those duties directly related to the training of a newly hired Animal Control Officer.
11.4 Premium Pav -DMV Test Examiner
When asked to perform duties involving work on the City of Petaluma's Department of Motor
Vehicle (DMV) Employer Test Program such as inspections, testing, training, preparing DMV
forms, responding to the DMV audit, an employee shall receive DMV Test Examiner Premium
Pay Differential of one and one-half (1.5) time regular pay for all time performing such work.
An employee must posses a State of California Department of Motor Vehicles Employer Testing
Program Training Certificate and be able to official perform duties of a DMV Test Examiner.
The City retains the right to use the DMV for such services.
SECTION 12 -HOLIDAYS
12.1 Holidays -Fixed Holidays
The City shall observe twelve (12) fixed-date holidays. These holidays shall be established for
the City's fiscal year as determined by City Council resolution.
Resolution No. 2006-052 N.C.S. Page 52
The holidays for fiscal years 05/06 and 06/07 are as follows:
Independence Day
Labor Day
Columbus Day
Veterans' Day
Thanksgiving Day
Day After Thanksgiving
Christmas Eve
Christmas Day
New Year's Day
Martin Luther King Day
Presidents' Day
Memorial Day
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
on the preceding Thursday 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.
12.2 Holidays - Floatin Hg olidays
During the fiscal year, the City will authorize one (1) "Floating Holiday" per employee, which
may be taken by the employee at a time selected by the employee, subject to operational
requirements and approval determined by the City. Employees hired between July 1, and
December 31, will be eligible fora "Floating Holiday" during the course of the fiscal year.
12.3 Holidays -Bonus Holiday
The City and the Union agree that for the term of this MOU an employee, who does not use any
sick leave during the period between July 1, 2005, and June 30, 2006, or between July 1, 2006,
and June 30, 2007, will be awarded one (1) bonus holiday during the following fiscal year.
SECTION 13 -VACATION
Vacation Accrual Limit
M1SC Em to ees Years of Service Accrual hrs hrs
Units 2 0-4 80 160
5-9 120 240
10 128 256
11 136 272
12 144 288
13 152 304
Resolution No. 2006-052 N.C.S. Page 53
Vacation Accrual Limit
MISC Em to ees Years of Service Accrual hrs hrs
14 160 320
15 168 336
16 176 352
17 184 368
18 192 384
19 or rester 200 400
13.1 Vacation -Accrual
All regular employees of the City, after working one (1) full year are entitled to the equivalent of
eighty (80) hours of vacation with pay in the year following the year in which vacation is earned.
All regular employees of the City, after five (5) years of continuous service with the City, and
beginning with the sixth (6t") year, shall be entitled to the equivalent of one-hundred-twenty
(120) hours of vacation per year. After ten (10) years of continuous service with the City, eight
(8) hours of vacation shall be added for each year of continuous service to a maximum of two-
hundred (200) hours of vacation.
Vacation time shall not be accumulated in excess of two (2) years.
13.2 Vacation -Scheduling
The times during a calendar year in which an employee may take his/her vacation shall be
determined by the department director with due respect for the wishes of the employee and
particular regard for the needs of the service. If the requirements of the service are such that an
employee cannot take part or all of his annual vacation in a particular calendar year, such
vacation shall be taken during the following calendar year.
13.3 Vacation -Deferral
Any eligible employee with the consent of the department director may defer his/her annual
vacation to the succeeding calendar year subject to other provisions of this rule. In the event one
(1) or more municipal holidays fall within an annual vacation leave, such holidays shall not be
charged as vacation leave, and vacation leave shall be extended accordingly.
13.4 Vacation - Usage
An employee may begin to use accrued vacation after successfully completing his/her
probationary period with the City.
13.5 Vacation -Payment Upon Termination
Upon termination, voluntary resignation, or retirement, the employee shall receive a lump sum
payment for all accumulated but unused vacation time. Two (2) weeks advance notice of the
termination date in writing should be given to the City.
Resolution No. 2006-052 N.C.S. Page 54
SECTION 14 -LEAVES -SICK LEAVE
14.1 Sick Leave -Eli ibility
Sick leave with pay shall be granted to all employees as set forth in this section. Sick leave is not
a right, which an employee may use at his discretion, but rather, shall be used only in case of
personal illness, disability or the serious illness or injury of an employee's family member that
requires the employee's attention. Family members shall include spouse, domestic partner,
children, parents, spouse's parents, brothers, sisters or other individuals whose relationship to the
employee is that of a dependent or near dependent. No sick leave shall be payable for any injury
or absence which results or occurs as follows:
(A) Participating in any criminal act;
(B) Working for an employer other than the City.
Neither shall any sick leave be payable
(A) During a vacation except when hospitalized or in equivalent confinement, or
(B) During a layoff, leave of absence, or disciplinary layoff.
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 Union representative.
14.2 Sick Leave -Accrual
(A) Sick leave shall accrue to all full-time employees at the rate of one (1) day for each
month of continuous service. No employee shall accumulate more sick leave in any year
than is provided.
(B) Sick leave shall continue to accrue while an employee is on vacation, sick leave, or job-
connected injury leave.
(C) No employee shall be eligible for sick leave before it accrues.
(D) Employees serving his/her probationary period may take up to one (1) day sick leave
with pay for each month worked. Employees hired on or before the fourteenth (14`x') of
the calendar month shall be credited with one (1) day of sick leave at the end of that
month. Employees hired on or after the fifteenth (15"') of the calendar month shall not be
credited with any sick leave for that calendar month.
(E) For the purpose of charging sick leave, the minimum sick leave chargeable will be one
(1) working hour.
14.3 Sick Leave -General
(A) On taking sick leave time, the employee must notify his/her department director either
prior to, or within thirty (30) minutes after, the time set for beginning his/her daily duties.
Resolution No. 2006-052 N.C.S. Page 55
(B) Sick leave shall not be considered as a right, which an employee may use at his/her
discretion, but a privilege, which shall be allowed only in case of necessity and actual
sickness or disability.
(C) When an employee is absent for more than three (3) consecutive days, the department
director may require a doctor's certificate for such sick leave absence.
(D) Upon review of an employee's sick leave record, and where there appears to be a pattern
of abuse, the supervisor shall notify the employee and the Union representative in order
to discuss the sick leave usage. The supervisor will have the option to immediately
require a doctor's certificate for any future absences. This would constitute a verbal
warning. If the abuse still continues, the supervisor may initiate a suspension and/or
dismissal action through the procedure outlined in the Personnel Rules and Regulations.
(E) If an employee has not recovered by the time he/she has exhausted his/her accumulated
sick leave, the City Manager, upon receipt of such request in writing, may grant him/her
leave of absence not to exceed the time limitations of section 21.
(F) Upon the expiration of a leave of absence quoted under section 21, the employee shall be
returned to the same class or position or to any position to which he/she had been eligible
to transfer at the time his/her leave of absence was granted, provided he/she furnishes
medical certification of ability to perform the position for which he/she is eligible.
(G) The City Manager may revoke pay and sick leave time if the employee is not sick, or if
he/she has engaged in private or other public work while on such leave. Abuse of sick
leave as stated above is sufficient grounds for dismissal.
(H) No penalties shall be imposed on employees for taking justifiable sick leave to which the
employee is eligible.
14.4 Sick Leave -Transfer
Employees wishing to donate hours of sick leave to another employee may voluntarily do so by
sending approval by his/her department director to the Human Resources office, naming the
individual to receive the sick leave and the amount donated, with the following restrictions:
(A) Employees who wish to transfer sick leave must retain a minimum of one-hundred-sixty
(160) hours sick leave.
(B) Transfer amounts shall be limited to the number of actual hours needed and used by the
recipient.
(C) Any donated sick leave hours unused by a recipient shall be returned to the donor.
(D) The employee receiving the sick leave transfer must have. zero (0) hours of accrued sick
leave, vacation, and accrued compensatory time.
(E) Employees may not buy or sell sick leave, only the time may be transferred. .
Resolution No. 2006-052 N.C.S. Page 56
(F) Employees may not transfer sick leave upon separation of service.
(G) Transfers shall only be allowed between all Units.
14.5 Sick Leave -Retirement Payout
In the event of death or retirement, an employee who has completed ten (10) years or more with
the City of Petaluma shall receive fifty (50%) percent of his/her accumulated but unused sick
leave, not to exceed four-hundred-eighty (480) hours. An employee may, however, elect to place
all sick leave hours under the PERS Sick Leave Credit program.
SECTION 15 -LEAVES -INDUSTRIAL INJURY LEAVE
15.1 Industrial Injury Leave -Workers' Compensation
Benefits shall be payable in situations where employee absence is due to industrial injury as
provided in California State Workers' Compensation Law. The amount of disability payments
paid to the injured employee shall be deducted from salary payable to the employee while
supplementing his/her salary through sick leave, vacation, or compensatory time off. During the
first on-hundred-sixty (160) hours of absence for industrial disability, the City will pay
employees an amount which when added to his/her Workers' Compensation benefit will equal
his/her regular salary rate. Medical appointments related to industrial injury or illness shall be
calculated on an hourly basis. This supplemental amount shall not be deducted from the
employee's sick leave, vacation, or compensatory time off benefit. In the case of absences
beyond one-hundred- sixty (160) hours, equating to forty (40) hours per week, the employee
shall be entitled to supplement the temporary disability payment with the use of sick leave,
vacation, or compensatory time off for a period of up to six (6) consecutive months unless such
sick leave is exhausted or the employee is determined to be permanent and stationary (See
Section 35-Long Term Disability). The City shall pay the regular salary, based on the
combination of the temporary disability benefit plus sick leave, vacation, or compensatory time
off. The injured employee may choose to receive workers' compensation payments only, without
City payment for salary at no loss of sick leave, vacation, or compensatory time. Sick leave for
industrial injury shall not be allowed for a disability resulting from a non job related illness, self-
inflicted injury, or willful misconduct.
15.2 Industrial Injury Leave -Determination of Industrial Disability Leave
Except as otherwise limited by this Section, the amount of industrial disability income available
to an eligible employee shall be determined by multiplying the number of hours, not to exceed
forty (40) hours in a calendar week, of time lost from work because of the disability, times the
employee's hourly rate at the time the injury occurs.
15.3 Industrial Injury Leave -Notice and Proof of Industrial Disability
No industrial disability leave shall be permitted unless the employee's supervisor is notified of
the nature of the disability and the probable duration thereof as soon as possible, but in no event
later than the conclusion of the current work day, except when the failure to notify is due to
circumstances beyond the control of the employee. The injured employee must complete a notice
of injury form within the time limits stated.
Resolution No. 2006-052 N.C.S. Page 57
In all cases on returning to work an employee claiming, or having received, industrial disability
leave must certify on a form provided by the City as follows:
(A) The nature of the industrial disability which prevented him/her from working, including
time, dates, and circumstances, and whether or not under the care of the City's physician.
(B) The amount of time lost from work in hours because of the disability.
(C) The name of the individual to whom notification of the accident was given or the reason
notice was not given.
(D) A release from an approved physician stating that the employee has recovered and is
capable of returning to work.
(E) In the event that facts and circumstances indicate that the employee may not be eligible
for industrial disability leave as claimed, evidence of industrial disability may be
requested such as a physician's statement of the industrial disability.
(F) Arbitrary failure or refusal to follow accepted medical practice in treating a disability
shall be reason for discontinuing or withholding industrial disability income.
SECTION 16 -LEAVES -BEREAVEMENT LEAVE
An .employee shall be granted up to thirty-two (32) hours of bereavement leave in the event of death in
the employee's 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), stepparents, 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 an employee 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.
SECTION 17 -LEAVES -VICTIMS OF DOMESTIC VIOLENCE AND SEXUAL
ASSAULT
California Labor Code 230 and 230.1 allows use of such leave for Victims of Domestic Violence for. any
of the following: to seek medical attention for related injuries; to obtain services from a domestic
violence shelter, program or rape crisis center; to obtain psychological counseling; or to participate in
safety planning. Certification of need may be required in the form of a police report, protection order,
and documentation from court or from a medical professional, domestic violence advocate or counselor.
The City of Petaluma provides appropriate leave, in accordance with California Labor Code Section
230.
Resolution No. 2006-052 N.C.S. Page SS
SECTION 18 -LEAVES -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 Arnled 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.
SECTION 19 -LEAVES -ELECTION OFFICER LEAVE AND VOTING LEAVE
When an employee's actual work schedule otherwise would prevent the employee from voting in any
State, County, or General election, the employee may be granted up to two (2) hours of paid time to
vote, in accordance with Election Code 14000. The employee must provide the City with at least two
(2) working days' notice that he/she will be taking time off to vote.
SECTION 20 -LEAVES -SCHOOL VISITATION LEAVE
An employee may take up to forty (40) hours off in a year to participate in his/her child's school
activities, in accordance with California Labor Code Section 230.8.
SECTION 21-LEAVES -LEAVE OF ABSENCE WITHOUT PAY
21.1 Leave -Method of Requesting Leaves of Absence Without Pay
An employee who desires a leave of absence from work without pay shall file a written request
with the department director on forms provided by the Human Resources office, stating the title
of his/her position, the beginning and ending dates of the requested leave and a full statement of
the reasons for such request. The department director may grant or deny such leave for a period
not to exceed three (3) work days. Request for additional leave must be submitted in the same
manner to the City Manager.
21.2 Leave -General Conditions
During a leave of absence without pay, an employee will not accrue vacation nor be eligible for
any payments for time off work as provided by this MOU.
Subject to and consistent with the group health and life insurance plan, coverage may be
continued during a leave of absence without pay provided direct payment of the total premium is
made by the employee in a manner prescribed by the City.
During a leave of absence, both the City's and the employee's contributions to the employees'
retirement plan are discontinued and benefits do not accrue, nor can they be withdrawn, nor are
they forfeited.
Resolution No. 2006-052 N.C.S. Page 59
21.3 Leave -Personal Leave
An employee for personal reasons may be granted a leave of absence without pay by the City for
a period not to exceed three (3) months. The leave may be extended for additional periods, but in
no case shall a leave and extensions exceed six (6) months. A leave for personal reasons as
herein provided may not be used to extend or compound a leave of absence granted under any
other provision of this MOU.
21.4 Leave -Medical Leave
An employee who (1) is unable to work because of non-industrial personal sickness or injury, or
(2) has exhausted sick leave and vacation payments, may be granted a leave of absence without
pay upon request in writing and the furnishing of satisfactory evidence of sickness or disability.
The evidence of disability may be furnished by any person having direct knowledge of the
sickness or disability. The leave of absence available pursuant to this paragraph contemplates a
short term leave which is agreed to be a period of one (1) calendar month or less.
For continuing disability, extended leave of absence without pay may be granted for a period ttp
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 satisfactory proof
of disability, a showing of receiving continuing and appropriate medical treatment, and the
furnishing of a physician's opinion that leave of absence is warranted for medical reason and that
his/her prognosis is that the employee will be physically fit to perform his/her duties at the end
of the requested leave of absence. In the event the employee's physician's prognosis and report
is equivocal, the City may request its physician to submit his/her independent report.
In order to be eligible to return to active employment, the employee returning from a medical
leave of absence must provide, at least fourteen (14) calendar days prior to the end of leave, a
statement from the employee's physician releasing the employee to return to work. If the
employee cannot return to his/her former position, he/she will be placed in an eligible category
for a classification for which he/she has the ability to perform the work.
The City, at its option and without cost to the employee, may require that a physician or
physicians of its choosing examine the employee before returning him/her to active employment.
SECTION 22 -LEAVES -JURY DUTY LEAVE
Any employee summoned for jury duty 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. Any employee may
retain payment for travel, but shall make payable to the City any and all fees which the employee may
receive in payment for service as a juror. For Grand Juries, this compensation shall not extend beyond
twenty (20) working days.
For the purposes of this section, time served as a juror or as a witness, compelled to appear on behalf of
the City under subpoena, by an irregular shift employee shall be paid time not to exceed the number of
hours the employee would have worked on such day. However, such time shall not be considered as
time worked for purposes of overtime. It is the intent of this section to allow an employee compelled by
law to appear as a juror or witness to compute that time as a portion of the employee's work day so that
Resolution No. 2006-052 N.C.S. Page 60
the employee will not be required to appear in court under service of process and also work a shift for
the City during one twenty-four (24) hour period.
SECTION 23 -FAMILY CARE and MEDICAL LEAVE (FMLA & CFRA)
23.1 FMLA and/or CFRA Leave
The City shall provide family and medical care leave for eligible employees 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.
23.2 FMLA and/or CFRA -Second Opinion
The employee 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.
SECTION 24 -LEAVES -PREGNANCY DISABILITY LEAVE
The City shall provide pregnancy disability leave (PDL) for eligible employees as required by City
policy and applicable state law and as specifically provided in the Fair Employment and Housing Act
and the Family Medical Leave Act. If possible, employees must provide thirty (30) days advance notice
of leave.
SECTION 25 -DISCRIMINATION, HARASSMENT &
RETALIATION PROHIBITED
The City and its employees are prohibited from discriminating against an applicant or employee because
the employee is in a "protected class" (based on age, race, etc.) in taking any personnel actions,(such as
hiring, promotion, discipline, etc.) Employees are prohibited from harassing any employees due to race,
sex, age, etc. The City and its employees are prohibited from retaliating against an employee because
the employee has filed a complaint of discrimination or harassment or opposed actions by other
employees that constituted discrimination or harassment.
SECTION 26 -REASONABLE ACCOMMODATION
In accordance with the California Fair Employment and House Act (FEHA) and the Americans with
Disability Act (ADA), the City will reasonably accommodate any known protected disability of an
employee.
SECTION 27 -CALIFORNIA PUBLIC EMPLOYEES' RETIREMENT SYSTEM
The City provides Miscellaneous employees with the two percent (2%) at fifty-five (55) formula
retirement plan. The City's contract with CaIPERS includes the following optional benefits:
• Third Level - 1959 Survivor's Benefit as provided in Section 21573 (April 5, 1999).
• Military Service Credit as provided in Section 20930.3 (January 1, 1992).
• One-Year Final Compensation as provided Section 20024.2 (November 1, 1980).
Resolution No. 2006-052 N.C.S. Page 61
• Credit for Unused Sick Leave as provided in Section 20862.80 (November 1, 1980).
• Cost of Living Allowance two percent (2%) as provided by Section 21335 (April 1, 1971).
• Retired Death Benefit of five-hundred ($500) as provided in Section 21620 (December 1,
1969).
• Death Benefit Continues as provided in Section 21551 (January 1, 2000).
• Prior Service Credit as provided in Section 20055 (January 1, 1950).
The City shall continue to defer that portion of the employee's contribution paid to CaIPERS through
section 414(h)(2) of the Internal Revenue Code pursuant to City of Petaluma Resolution 90-363 N.C.S.
SECTION 28 -HEALTH BENEFITS -ACTIVE EMPLOYEES
Active Employees -PEMHCA Contribution
The City currently provides health benefits through the California Public Employees' Retirement System
(CaIPERS) Health Benefits Program under the Public Employees' Medical and Hospital Care Act
(PEMHCA). The City's employer contribution for each employee shall be one-hundred dollars ($100) per
month.
Active Employees -Additional Benefit -January 1, 2005
The City shall provide active employees with an additional benefit in the dollar amount listed in the chart
below entitled "Additional Benefit -January 1, 2005," for each employee and his/her family members.
Additional Benefit -January 1, 2005
2005 Kaiser City PEMHCA Maximum Additional
Coverage Rate Contribution Benefit Contributed
b the Cit
Sin le $354.69 $100.00 $254.69
2-Pa $709.38 $100.00 $609.38
Famil $922.19 $100.00 $822.19
Additional Benefit -January 1, 2006
Effective January 1, 2006, the City shall provide active employees with an additional benefit in the dollar
amount listed in the chart below entitled "Additional Benefit and Employee Contribution-Effective January
1, 2006," for each employee and his/her family members. The additional benefit amount is the Ca1PERS
Health Premium amount for Kaiser-Bay-ArealSacramento less the City's one-hundred dollar ($100)
PEMHCA contribution times ninety-five percent (95%) for each employee and his/her family members.
Employee Contribution -January 1, 2006
Effective January 1, 2006, employees shall contribute to his/her Ca1PERS Health Premium in the amounts
less the City's one-hundred dollar ($100) PEMHCA contribution and less the additional benefit listed in the
chart below entitled "Additional Benefit and Employee Contribution-Effective January 1, 2006," for each
employee and his/her family members. The chart below is only an example of what the employee
contribution would be for Kaiser-Bay-AreaJSacramento.
Resolution No. 2006-052 N.C.S. Page 62
Additional Benefit and Employee Contribution -Effective January 1, 2006
Maximum
Coverage 2006 Kaiser pEMHCA Additional Benefit Contibutio
Rate Contribution Contri Ci ed by the n
Sin le $389.38 $100.00 $374.91 $14.47
2-Pa $778.76 $100.00 $744.82 $33.94
Famil $1,012.39 $100.00 $966.77 $45.62
Additional Benefit -January 1, 2007
Effective January 1, 2007, the City shall provide active employees with an additional benefit in the dollar
amount of the CaIPERS Health Premium for Kaiser-Bay-Area/Sacramento less the City's one-hundred
dollars ($100) PEMHCA contribution times ninety-five percent (95%) for each employee and his/her family
members.
Employee Contribution -January 1, 2007
Effective January 1, 2007, employees shall contribute to his/her CaIPERS Health Premium in the amounts
less the City's one-hundred dollar ($100) PEMHCA contribution and less the additional benefit dollar
amount effective January 1, 2007, paid by the City.
SECTION 29 -HEALTH BENEFITS -RETIRED EMPLOYEES
29.1 Retired Employees -CaIPERS and the PEMHCA
The City currently provides health benefits through the California Public Employees' Retirement
System (CaIPERS) Health Benefits Program under the Public Employees' Medical and Hospital
Care Act (PEMHCA). In order to be eligible to receive health benefits through CaIPERS upon
retirement, a City of Petaluma employee must meet the following definition of "annuitant" under
CaIPERS law:
(A) employee must be a member of CaIPERS; and
(B) 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 CaIPERS.
29.2 CaIPERS Annuitant -PEMHCA Health Benefits
In accordance with the PEMHCA provisions, if an employee is a CaIPERS annuitant as defined
in Section 29.1 and receives health benefits under the PEMHCA, the employee is eligible to
receive the City's PEMHCA contribution amount specified in Section 29.4 below, regardless of
the number of years of service with the City of Petaluma.
29.3 Less Than 20 Years of Service -Not Receiving PEMHCA Health Benefits
An employee with less than twenty (20) years of service with the City of Petaluma who is not
enrolled in the CaIPERS health benefit program does not receive any retiree benefit from the
City.
Resolution No. 2006-052 N.C.S. Page 63
29.4 Less Than 20 Years of Service - Receiving PEMHCA Health Benefits
An employee with less than twenty (20) years of service with the City of Petaluma who is a
Ca1PERS annuitant as defined in Section 29.1 and enrolled in the Ca1PERS health benefit program is
eligible to receive the City's PEMHCA contribution amount specified in this section.
For example, an employee would receive sixty-five dollars ($65) per month as a retiree benefit if
he/she retired on January 2, 2007. The following year, in 2008, the payment would increase five
dollars ($5) per month to seventy dollars ($70) and continue to increase in five dollar ($5) increments
every year until it reaches the maximum benefit amount ofone-hundred dollars ($100) per month.
Calendar Year City's
PEMHCA
contribution
2005 55.00
2006 60.00
2007 65.00
2008 70.00
2009 75.00
2010 80.00
2011 85.00
2012 90.00
2013 95.00
2014 100.00
The City's PEMHCA contribution amount is deducted from the retiree's monthly health
premium and paid to Ca1PERS directly by the City.
29.5 20 Years or More of Service -Not Receiving PEMHCA Health Benefits
An employee with twenty (20) or more years of service with the City of Petaluma who is not
enrolled in the Ca1PERS health benefits program shall receive direct payments in the amount of
one-hundred-forty dollars ($140) each month, effective the first month following the expiration of
health benefit coverage.
29.6 20 Years or More of Service -Receiving PEMHCA Health Benefits
An employee with twenty (20) years or more of service with the City of Petaluma who is a
CaIPERS annuitant as defined in Section 29.1 and enrolled in the CaIPERS health benefit
program shall receive a benefit payment of one-hundred-forty dollars ($140) per month as specified
in this section.
The City's cash retiree benefit is sent directly to the retiree.
Calendar City PEMHCA City Cash Total Benefit
Year contribution Retiree Benefit Amount
2005 55.00 85.00 140.00
2006 60.00 80.00 140.00
Resolution No. 2006-052 N.C.S. Page 64
Calendar City PEMHCA City Cash Total Benefit
Year contribution Retiree Benefit Amount
2007 65.00 75.00 140.00
2008 70.00 70.00 140.00
2009 75.00 65.00 140.00
2010 80.00 60.00 140.00
2011 85.00 55.00 140.00
2012 90.00 50.00 140.00
2013 95.00 45.00 140.00
2014 100.00 40.00 140.00
It is the responsibility of the retiree to notify the City in writing if he/she is no longer participating in the
CaIPERS health benefit program. Following receipt of the written notice, the City will commence direct
payment of the one-hundred-forty dollars ($140) at the beginning of the following month.
SECTION 30 -CASH IN-LIEU OF HEALTH AND DENTAL BENEFITS
Employees with health and/or dental benefit insurance coverage from a source other than the City, or
employees with health and dental benefit insurance coverage from a City employee, may request cash
in-lieu of health and dental benefits. To be eligible for the cash in-lieu benefit program, employees must
waive his/her coverage under the City's health and/or dental benefits, agree to the terms and conditions
of the cash in-lieu benefit program and have written verification of health and/or dental benefits
insurance.
The cash in-lieu amount for health coverage shall be in the amount of fifty (50%) percent of the health
insurance premium amount of the CaIPERS Kaiser-Bay-Area/Sacramento that the City would otherwise
pay for the employee and his/her family members. The cash in-lieu amount for dental insurance benefits
shall be in the amount of fifty (50%) percent of the established dental program composite rate.
Upon declining medical and/or dental insurance, the employee will be required to meet the terms and
conditions regarding the City's medical and/or dental plan. If an employee decides to stop receiving the
medical/dental cash back and wishes to re-enroll into the City's medical and/or dental plan, then he/she
must meet the current terms and conditions of the City's medical and/or dental plan. The City cannot
guarantee that once the employee leaves a particular medical and/or dental plan, he/she may be able to
re-enroll in his/her prior plan and under the same terms and conditions of his/her prior plan.
SECTION 31-SECTION 125 PLAN
The City of Petaluma has established and shall offer to eligible employees 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 employees with a tax savings through the following
programs:
Resolution No. 2006-052 N.C.S. Page 65
(A) Pre-Tax Health Insurance Premiums
This program allows employees to pay his/her share of health insurance premiums with
pre-tax dollars.
(B) Flex Spending Accounts (FSAs)
(1) 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.
(2) Dependent Care Reimbursement
This program permits employees to pay for most child and/or dependent care
expenses with pre-tax dollars.
SECTION 32 -DENTAL INSURANCE
The City shall provide a dental plan for the term of the MOU and pay the total premium costs for the
employee and eligible dependents. The maximum benefit amount is one-thousand-fifty dollars ($1,500)
per person per calendar year. Orthodontic coverage shall be provided for dependent children under the
age of nineteen (19) years and is 50% of the dentist's allowed fee (subject to a $1,000 lifetime maximum
per person).
SECTION 33 -VISION INSURANCE
The City shall provide a vision plan for employees and eligible dependents. The cost shall be paid for by
the City. Employees are eligible for eye exams every twelve (12) months with atwenty-five dollar ($25)
deductible. Frames are available every twelve (12) months with a maximum benefit of one-hundred-
twenty dollars ($120) and lenses are available every twelve (12) months with a maximum benefit of
two-hundred dollars ($200).
SECTION 34 -LIFE INSURANCE
The City shall provide for a group term life insurance program for the City employees in this Unit. The
City shall pay, during the course of the MOU, the insurance cost towards employee only coverage for
such insurance in the principle sum of fifty-thousand dollars ($50,000) per employee.
SECTION 35 -DISABILITY INSURANCE
35.1 Short-Term Temporary Disability Benefit Program
The City has established and shall provide eligible employees with ashort-term temporary
disability benefit program in accordance with administrative policy.
35.2 Short-Terns Disability Insurance -Voluntary
The City agrees that employees in this unit may, on a purely voluntary basis and at his/her own
expense, participate in AFLAC's short-term disability insurance, as long as the number of
employees electing to participate in the program meets the minimum participation standards set
by the carrier.
Resolution No. 2006-052 N.C.S. Page 66
35.3 Long-Term Disability Insurance
The City shall provide for along-term disability plan, with the premium to be paid for by the
City.
SECTION 36 -EMPLOYEE ASSISTANCE PROGRAM
The City will provide an Employee Assistance Program to employees and his/her immediate families.
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.
SECTION 37 -DEFERRED COMPENSATION
The City of Petaluma shall make available to employees a Deferred Compensation Plan.
SECTION 38 - CLASS B DRIVERS' LICENSE
38.1 Class B Requirement
It is the goal of the Union and the City to ensure that all employees are qualified to use the
equipment required for the job. In order to meet this goal, the City will provide the following
training for Class "B" licenses.
38.2 Class B -New Hires
All new hires, assigned to those positions listed below, will be required to have a Class "B"
license.
38.3 Class B -Application
(A) The City will pay the cost of the initial medical exam and the application fee for the
license.
(B) An on site training will be provided prior to testing.
(C) Written training materials will be provided.
(D) The City will provide training videos regarding driving and safety checks.
(E) The City will provide a Department of Motor Vehicle approved certification process to
cover in- house personnel.
(F) As new equipment is brought on line that requires a Class "B" license, this procedure will
apply.
(G) The City will pay for one additional medical and/or driving practical test should a re-
exam be necessary.
(H) Renewal of licenses and associated fees will be paid by the City (i.e. -the difference
between the cost of the Class "B" and the general Class "C" license).
38.4 Class B -Lap/Loss of Class B -Medical
For those individuals who are unable to meet. the medical certification required for the
equipment, the following will apply:
Resolution No. 2006-052 N.C.S. Page 67
(A) The City will evaluate the level of services able to be provided without the Class "B" and
see if the license requirement for the individual position can be waived.
OR
(B) The City may use the current language in the MOU to effectuate a transfer to a position
where the license is not required. This shall be interpreted in accordance with state and
federal law.
(C) For an employee who is currently in possession of a Class "B" license and is unable to
transfer to another position where the license is not required, the City will have the right
to reclassify the employee to a lower classification in a position that does not require the
Class "B" and "Y" rate the employee so assigned.
38.5 Class BLap/Loss - Written/Practical
For those individuals who are unable to meet the certifications required for the written/practical
exam, the following will apply:
(A) The City will evaluate the level of services able to be provided without the Class "B" and
see if the individual position can be waived.
(B) The City may use the current language in the MOU to effectuate a transfer to a position
where the license is not required.
(C) If 1 or 2 is not achievable, the City and the Union will meet and explore other option on
an individual basis.
(D) Any dispute shall be resolved through the grievance procedure as set forth in Section 46
of the MOU.
38.6 Class B -DOT Testin;;
This section will not apply to any disciplinary action that results from drug and alcohol testing as
required by City policy or by the Department of Transportation.
CLASS "B" Required Effective 7/1/03
Equipment Maintenance Leadworker
Equipment Mechanic
Utility Service Worker I/II
Utility Service Worker III
Utility Service Leadworker
CLASS "B" Required Effective 11/07/05
Assistant Utility System Operator
Note: As new equipment is acquired, new classes or sections may be added.
Resolution No. 2006-052 N.C.S. Page 68
SECTION 39 -PROMOTIONS
39.1 Promotion -Application
Except for those positions not requiring written examinations, promotions in the City service
shall be based on a competitive examination and records of efficiency, character, conduct or
other generally accepted qualifications deemed necessary or reliable in obtaining a passing
grade. The City will give significant consideration to the performance of the employees,
seniority, physical fitness, and ability to perform the work. Lists shall be created and promotion
made from the same manner as prescribed for original appointments.
Whenever practical, vacancies shall be filled by promotion. The rules covering promotional
examination shall be the same as those governing original entrance examinations.
39.2 Promotion -Notice of Examinations
Notice of examinations shall be printed and shall be posted on the official bulletin. boards of the
City and may be advertised by any other means chosen by the Human Resources office. Public
notice shall be posted at least five (5) days prior to the final filing date, and shall contain the
following information.
(A) The title and rate of pay for the position to be filled;
(B) Some typical duties to be performed;
(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.
In addition to the posting and any other advertising that takes place for a position as outlined in
the above paragraph, a copy of the notice will be sent to the Union for those positions in the
work unit which they represent.
Employees who have successfully passed an examination for a higher position, and have been
certified for the higher position, will be deemed to qualify for positions with lesser qualifications
and may be certified to a lesser position, provided no lists exist for the lesser positions.
In the event that an applicant accepts a lower classified position, he/she will be allowed to
remain on the eligibility list for higher classification until the list is abolished.
SECTION 40 -TEMPORARY APPOINTMENTS
It shall be the policy of the employer to avoid temporary appointments whenever possible, unless failure
to do so will seriously hamper the success of the City program. Under such circumstances and when
sufficient time may not be taken to fill a permanent position through the normal procedure, a temporary
appointment may be made. Employees receiving .temporary appointments shall be required to qualify by
the normal selection procedures to become a probationary employee in that class within sixty (60) days.
Resolution No. 2006-052 N.C.S. Page 69
During any period in which employees are being considered for promotion and during any posting
period, it shall be the policy of the employer to avoid temporary employment to such positions, unless
the failure to make appointments to such positions would seriously hamper the success of the City
program. Under such circumstances and when sufficient time may not be taken to fill a permanent
position through the normal procedure, a temporary appointment may be made.
SECTION 41-TRANSFERS BETWEEN SECTIONS
Transfer Between Sections -Applications
The City Manager may authorize a change for an employee from one (1) 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.
(A) When an employee within his/her own classification and work section wishes to change from
one (1) shift to another shift, he/she shall file a request for transfer identifying the shift
he/she is in and the one (1) he/she chooses to transfer to and file it with the Human
Resources office.
(B) Request for transfer from one department or work section to another department or work
section having a different jurisdiction or different function shall be filed with the Human
Resources office and shall be done only with the consent of both Department Directors
involved, unless such a transfer is ordered by the City Manager for purposes of economy or
efficiency.
(C) Any person transferred to a different position shall possess the minimum qualifications for
that position.
(D) An employee who has been transferred pursuant to his/her request or who has been promoted
and not returned to his/her former classification, need not be considered by the City for a
subsequent transfer or promotion during the six (6) month period following his/her transfer
or promotion.
(E) If the employee has filed more than one (1) request for transfer, only the most recent of
his/he requests will be considered by the City for making a transfer. Such transfers will be
considered only if the employee possesses the minimum qualifications for the position.
SECTION 42 -NEW OR CHANGED CLASSIFICATIONS
The City shall notify the Union and staff representative when proposing to abolish or create a new
bargaining unit position. In the event a new classification is established, the City shall assign it to a pay
grade based upon the work to be performed after comparison with other classifications.
The City shall provide the Union president with a written classification description of the new or
changed classification, which shall describe the content sufficiently to identify the classification.
Upon receipt of the City's description, the president of the Union, or his designated representative, shall
be afforded an opportunity to discuss the new or changed classification and assignment to the pay grade
Resolution No. 2006-052 N.C.S. Page 70
with the City Manager or his representative. If the Union does not request a meeting within five (5)
work days of the receipt of the City's recommendation, it shall be deemed to be approved by the Union.
SECTION 43 -SENIORITY
43.1 Seniority Application
In the event of any reduction in the work force, the City will apply the principle of seniority and
the last employee hired shall be the first laid off. In rehiring, the last person laid off shall be the
first rehired. A complaint regarding compliance with this section shall be a subject for grievance.
In rehiring former employees laid off under this section, the City shall offer re-employment in
the order of seniority to such former employees who at the time of layoff were performing
services essentially the same as required for the vacancy, provided that the period of layoff has
not exceeded one (1) year.
In shift assignments, the City will give consideration to the preference of employees and to
seniority; provided, however, that final responsibility and authority in job assignments, the
determination of qualifications, and the method of determining the qualifications for any job,
shall remain vested in the City.
Seniority shall be terminated by:
(A) Resignation
(B) Discharge for cause
(C) Retirement
. (D) Failure to return to work from layoff within seven (7) calendar days after notice to return
by certified or registered mail or by telegram addressed to the employee at his/her last
known address on file with the Human Resources office.
43.2 Seniority List
The City shall prepare and maintain a seniority list, which shall. show the names, classification
title, department, and seniority date of all employees. The Union shall be given two copies of the
list within thirty (30) calendar days after the date of this MOU, and thereafter a current list every
six (6) months.
A seniority list, including the same information, shall be maintained for each department. This
list shall be available for inspection. by the employee or his/her steward.
These lists shall be deemed correct as to an employee's seniority date unless the employee, or
the steward for the employee, notifies the City to the contrary in writing within five (5) days
after a list is given to the Union.
SECTION 44 -PROBATION
An employee is a probationary employee for his/her first six (6) months of employment in any
classification. In the event of a promotion of a permanent employee to a higher classification, the six (6)
month probationary period in the higher classification will be reduced by one (1) day for each two (2)
days the employee had worked in temporary assignments in that higher classification. Periods of
Resolution No. 2006-052 N.C.S. Page 71
absence exceeding five (5) working days shall not be counted toward completion of the probationary
period.
No matter concerning the discipline, lay off or termination of a probationary employee shall be subject
to the grievance procedure.
An employee who has been promoted but does not successfully pass his/her promotional probationary
period of six (6) months, shall be reinstated to the position which he/she held prior to the promotion
pursuant to section Transfers and Promotions.
Upon an employee request within a one (1) month period following a promotion, he/she shall be
returned to a regular job opening in the classification from which he/she was promoted, at the pay rate
from which he/she was promoted, but in no event shall he/she be held in the promotional position over
one (1) month following his/her request for reinstatement to the lower position. Upon reinstatement to
the former position, the employee's name will be removed from the promotional eligibility list.
SECTION 45 -DISCIPLINE PROCEDURE
45.1 Discipline -Methods
When an employee has not met standards of professional conduct the City of Petaluma may
impose the following types of discipline:
(A) Verbal Counseling
(B) Letters of Counseling
(C) Corrective Written Action
(D) Suspension Without Pay
(E) Reduction in Pay
(F) Demotion
(G) Disciplinary Probation
(H) Discharge/Termination
Any authorized supervisor may initiate and recommend discipline for cause against an employee
under his/her supervision in accordance with these procedures.
45.2 Discipline -Verbal Counseling
The City may correct an employee with verbal counseling. There shall be no written notice of
verbal counseling placed in an employee's personnel file.
45.3 Discipline -Letters of Counseling
The City may correct an employee with a letter of counseling. The letter of counseling shall be
placed in an employee's personnel file. Employees may request in writing to the Department
Director, with a copy to the Human Resources office, that letters of counseling which are two (2)
or more years old be destroyed when:
(A) The employee's personnel file does not contain subsequent letters of corrective action;
(B) There is no other current or pending corrective action at the time the employee submits
his/her request to the Department Director.
Resolution No. 2006-052 N.C.S. Page 72
45.4 Discipline -Corrective Written Action
The City may correct an employee in a written notice. The written notice shall include the basis
for the correction and by attachment any other relevant documents. The employee may within
thirty (30) calendar days respond to the City, either in writing or orally to the notice before it is
placed in his/her personnel file. If the employee chooses, he/she may prepare a written response
and have it placed with the City's written correction in his/her personnel file. There shall be no
further appeal of a written correction.
45.5 Discipline -Employee Notice
For discipline other than a written correction, the employee shall receive a written notice of the
discipline, the basis for the discipline, and by attachment other documents upon which the
discipline is based, along with notice of the right to respond, either in writing or orally, before
discipline is imposed.
If requested by the employee in writing within fourteen (14) calendar days the City shall meet
with the employee, unless a different date is set by mutual agreement.
45.6 Discipline -Employee Response
If the employee elects to respond to the discipline, he/she shall either provide a written request to
the City within seven (7) calendar days of receiving the notice of discipline. The request may be
accompanied by a written position statement. If requested, the Department Director shall
convene a meeting within seven (7) calendar days of receiving the request to review the
employee's response and position before discipline is imposed. The employee shall be entitled to
a representative of his/her choice, .provided that the representative shall not be directly involved
in the events underlying the proposed discipline. At the meeting, the employee shall be provided
an informal opportunity to respond to the discipline and to present any information for
consideration by the Department Director. Seven (7) calendar days after the employee has been
provided an opportunity to respond to the discipline, the Department Director shall issue a
written notice with his/her decision.
45.7 Discipline -Employee Appeal
For suspension greater in severity than five (5) working days, and other discipline other than
written correction, the employee shall have the right to appeal the Department Director's
decision to the City Manager or alternatively, the Union may elect to appeal the discipline to
advisory arbitration before discipline is imposed. If the employee elects to appeal the discipline
to the City Manager, or if the Union elects to appeal the discipline to advisory arbitration, they
shall within fourteen (14) calendar days from the notice of the Department Director's final
decision submit a written request to the City Manager to appeal the discipline. If no written
request is submitted to the City Manager within the fourteen (14) day time frame, the right of
appeal is waived and the discipline shall become final.
45.8 Discipline -Employer Review
If the employee elects to have the City Manager review the discipline, the City Manager shall
convene a meeting to review the employee's response and position before discipline is imposed.
The employee shall be entitled to a representative of his/her choice. At the meeting, the
employee shall be provided the opportunity to respond to the discipline and to present any
Resolution No. 2006-052 N.C.S. Page 73
information for consideration by the City Manager. Fourteen (14) calendar days after the
employee has been provided an opportunity to respond to the discipline, the City Manager shall
issue a written notice with his/her decision. The City Manager's decision shall be final.
45.9 Discipline -Advisory Arbitration
As an alternative, the Union may elect to appeal discipline to advisory arbitration before
discipline is imposed.
(A) The arbitrator shall be selected from a list provided by the American Arbitration
Association or the State Mediation and Conciliation Service. A list of seven names shall
be requested from either source in a manner to be jointly agreed upon by the City and
Union. The City and the Union, shall alternatively delete names from the list.
(B) The arbitrator so selected shall conduct a hearing as expeditiously as possible at a time
and place convenient to the City, the employee and the Union.
(C) The arbitrator shall have the authority to convene the hearing, receive evidence through
testimony and documents and to make findings of fact and conclusion whether the
discipline was for just cause and whether the discipline was appropriate. The arbitrator
may recommend an outcome, but the final authority rests with the City Manager.
(D) Within thirty (30) calendar days after the hearing, the arbitrator shall submit in writing
his/her advisory recommendations to the City Manager and the employee.
(E) Within fourteen (14) calendar days of receipt of the arbitrator's advisory
recommendations, the City Manager shall issue a final decision. The City Manager's
decision shall be final.
(F) Any costs associated with the arbitration hearing shall be borne equally by the City and
Union.
(G) City employees who are employed "at-will," or who are temporary or probationary, are
not subject to the requirement of good cause, and are not entitled to these discipline
procedures.
SECTION 46 -GRIEVANCE PROCEDURE
46.1 Purpose of the Procedure
The purpose of the grievance procedure is to process and resolve grievances arising out of the
interpretation, application, or enforcement of the express terms of this agreement; to promote
improved employer-employee relations by establishing procedures for resolving such
grievances; to afford employees individually or through his/her recognized employee
organization a systematic means of obtaining further consideration of such grievances after every
reasonable effort has failed to resolve them through discussions; to provide that the grievances
shall be settled as near as possible to the point of origin; to provide that the grievance procedure
shall be conducted as informally as possible.
Resolution No. 2006-052 N.C.S. Page 74
"Grievance" is defined as any dispute concerning the interpretation, application, or enforcement
of the express terms of this agreement (not including disputes regarding or appeals of
disciplinary actions).
46.2 Conduct of Grievance Procedure
(A) The time limits specified below may be extended to a definite date by mutual agreement
of the employee, his/her representative, and the reviewer concerned.
(B) The employee may request the assistance of another person of his/her own choosing in
preparing and presenting his/her grievance at any level of review.
(C) The employee and his/her representative may be permitted to use a reasonable amount of
work time as determined by the appropriate department director in conferring about and
presenting the grievance.
(D) Employees shall not be retaliated against for using the grievance procedures.
46.3 Grievance Procedure
(A) Step One
An employee who has a grievance (as defined above) should first try to get it settled
through an informal discussion with his/her immediate supervisor without undue delay.
The employee must present the grievance within thirty (30) working days of the event(s)
giving rise to the grievance or the grievance shall be deemed untimely. Every effort
should be made to find an acceptable solution by informal means at his/her lowest
possible level of supervision.
If the employee is not in agreement with the decision reached by the informal discussion
in Step One, the employee shall have the right to elevate the grievance to Step Two.
(B) Step Two
To elevate to Step Two, the employee shall submit a written grievance within ten (10)
working days after the informal discussion with the immediate supervisor. The written
grievance shall specify the term of the agreement at issue and the factual basis of the
grievance. The immediate supervisor shall render a decision in writing and return it to the
employee within ten (10) working days after receiving the written grievance.
If the employee is not in agreement with the written decision rendered by his/her
immediate supervisor, the employee shall have the right to elevate the grievance to Step
Three.
If the employee does not receive a decision in writing from his/her immediate supervisor
within fifteen (15) working days of the employee's submission of the written grievance,
the employee may elevate the grievance to Step Three.
Failure of the employee to take further action within the days specified shall be
considered by the City as dropping the grievance.
Resolution No. 2006-052 N.C.S. Page 75
(C) Step Three
To elevate to Step Three, the employee shall present the written grievance within ten (10)
working days after receiving the immediate supervisor's written decision, or if no
decision is rendered, within fifteen (15) working days of the employee's submission of
the written grievance to his/her immediate supervisor.
If the next level of supervision is not a department director, the next level supervisor, or
manager shall discuss the grievance with the employee, and his/her representative if
requested, and any other person the supervisor or manager deems appropriate. The
supervisor or manager shall render a decision in writing, and return it to the employee
within ten (10) working days after receiving the written grievance.
If the employee is not in agreement with the written decision rendered by his/her
supervisor or manager, the employee shall have the right to elevate the grievance to Step
Four.
If the employee does not receive a decision in writing from his/her supervisor or manager
within fifteen (15) working days of the employee's submission of the written grievance,
the employee may elevate the grievance to Step Four.
Failure of the employee to take further action within the days specified shall. be
considered by the City as dropping the grievance.
(D) Step Four
To elevate to Step Four, the employee shall present the written grievance within ten (10)
working days after receiving the supervisor or manager's written decision, or if no
decision is rendered, within fifteen (15) working days of the employee's submission of
the written grievance to the supervisor or manager.
The department director shall discuss the grievance with the employee, and his/her
representative if requested and any other person the department director deems
appropriate. The department director shall render a decision in writing, and return it to
the employee within ten (10) working days after receipt of the written grievance.
If the employee is not in agreement with the written decision rendered by his/her
department director, the employee shall have the right to elevate the grievance to Step
Five.
If the employee does not receive a decision in writing from his/her department director
within fifteen (15) working days of the employee's submission of the written grievance,
the employee may elevate the grievance to Step Five.
Failure of the employee to take further action within the days specified shall be
considered by the City as dropping the grievance.
(E) Step Five
To elevate to Step Five, the employee shall present the written grievance within ten (10)
working days after receiving the department director's written. decision, or if no decision
Resolution No. 2006-052 N.C.S. Page 76
is rendered, within fifteen (15) working days of the employee's submission of the written
grievance to the department director.
The City Manager, or a designated representative, shall discuss the grievance with the
employee, and his/her representative if requested, and with other appropriate persons the
City Manager deems appropriate. The City Manager may designate afact-finding
committee or officer not in the normal line of supervision, to advise him/her concerning
the grievance. The City Manager shall render a decision in writing to the employee
within twenty (20) working days after receipt of the written grievance. The City
Manager's decision shall be final.
SECTION 47 -LAYOFF AND RECALL
47.1 La..
o~Application
Should the City decide, for labor cost-control reasons, to permanently eliminate bargaining unit
work by permanently replacing existing bargaining unit positions with contract or subcontract
employees to do the same work under similar conditions of employment ("Work Elimination"),
the City agrees to notify the Union fourteen (14) days prior to implementation of the work
elimination, in order to allow the Union to meet and confer with respect to the effects of the
proposed action upon the bargaining unit employees and to propose effective economical
methods, if any, by which such work could continue to be provided by the City's own
employees. It is not the intention of the City to contract out work normally performed by
bargaining unit employees. If the City proposes to abolish a position, whether filled or vacant,
the City will notify the Union and afford the opportunity to meet and confer.
47.2 Layoff -Employer Right
Whenever, in the judgment of the City Council, it becomes necessary to abolish any position of
employment due to a re-organization or to separate employees due to lack of work or funds, the
employee holding such position or employment may be laid off or demoted without disciplinary
action and without the right of appeal.
47.3 Layoff -Employee Notification
Employees to be laid off shall be given, whenever possible, at least fourteen (14) calendar days'
prior notice.
47.4 Layoff -Vacancy and Reclassification
Except as otherwise provided, whenever there is a reduction in the work force, the appointing
authority shall first demote to a vacancy, if any, in a lower classification for which the employee
who is the latest to be laid off in accordance with Section 47.7 is qualified. All persons so
demoted shall have his/her names placed on the re-employment list.
47.5 Layoff -Employee Ri hg_ts
An employee affected by layoff shall have the right to displace an employee in the same
department who has less seniority in 1) a lower classification in the same classification series or
in 2) a lower classification in which the affected employee once had regular status. For the
purpose of this section and Section 47.6, seniority includes all periods of full-time service at or
above the classification level where the layoff is to occur.
Resolution No. 2006-052 N.C.S. Page 77
47.6 Layoff -Seniority
In order to retreat to a former or lower classification, an employee must have more seniority than
at least one (1) of the incumbents in the retreat classification, be qualified to hold the retreat
classification or have served in the retreat classification prior to the layoff and request
displacement action in writing to the Human Resources office within five (5) working days of
receipt of notice of layoff.
Employees within each category shall be laid off in reverse order of seniority within the
classification series. Seniority for the retreat classification would be the combination of time
served (at or above) in the layoff classification and any prior time served in the retreat
classification. Ties will be broken based upon seniority of total City service.
Employees retreating to a lower or similar classification shall be placed at the salary step
representing the least loss of pay. In no case shall the salary be increased above that received in
the classification from which the employee was laid off.
Employees retreating to a lower or similar classification shall serve a probationary period in the
new classification unless they have previously completed a probationary period in the retreat
classification or a higher classification in the series.
47.7 Layoff -Order of
In each classification of position within the competitive service, employees shall be laid off
according to employment status in the following order: temporary, provisional, probationary,
and regular.
Temporary, provisional, and probationary employees shall be laid off according to the needs of
the service as determined by the appointing authority.
47.8 Recall - Re-Employment List
The names of persons laid off or.demoted in accordance with these rules shall be entered upon a
re-employment list. Lists from different departments or at different times for the same
classification of position shall be combined into a single list based on seniority. Such list shall be
used by every appointing authority when a vacancy arises, based on seniority, in the same or
lower classification of position before certification is made from an eligible list.
47.9 Recall Duration of Re-Employment List
Names of persons laid off shall be carried on a re-employment list for two (2) years.
SECTION 48 -EMPLOYEE PERSONNEL FILES
48.1 Employee Personnel File -Right to Inspect
An employee (or employee representative with written authorization from the employee) shall
have the right to inspect and review his/her employee personnel file. The employee's personnel
file shall be made available to the employee for inspection and review at a mutually agreeable
time between the employee and Human Resource office staff member.
Resolution No. 2006-052 N.C.S. Page 78
48.2 Employee Personnel File -Acknowledgement Adverse Comments
Before any adverse comments are placed in an employee's personnel file, the employee shall be
given a copy of the material to be placed in his/her file; and written notice that the material will
be placed in his/her personnel file. The material shall contain either a written acknowledgment
that the employee has received the material and the notice, or a statement signed by the person
who delivered the material that the employee refused to sign such an acknowledgment. The
employee may write a response to the document containing the adverse comment for placement
in his/her personnel file.
SECTION 49 -OTHER
49.1 Employee Job Training
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.
49.2 Safety Committee
A Labor/Management Safety and Health Committee shall be established within Unit 2. This
Committee shall consist of one (1) member of the Union under Public Facilities and Services,
one (1) member of the Union under Water Resources and one (1) member of the Union under
Parks and Recreation and two (2) members of Management. The duties of the
Labor/Management Safety Committee shall be as outlined in the City's Injury and Illness
Prevention Program. The Committee shall meet quarterly.
A Safety Committee composed of one (1) member of this Unit and a member of management
shall meet with other Unit designees in a Safety Committee that shall meet at least twice (2x)
yearly to discuss safety practices, methods of reducing hazards, safety training, building
inspections and other mandatory elements of the City's Injury and Illness Prevention Program.
SECTION 50 - SEVERABILITY CLAUSE
In the event that any portion of this MOU is declared invalid by a court of competent jurisdiction, it
shall not affect the validity of any other portion of this MOU not invalidated. Any portion held invalid
shall be re-negotiated so as to effectuate the purposes and intent of the invalid portion if legally possible.
Resolution No. 2006-052 N.C.S. Page 79
SECTION 51-MUTUAL ACCEPTANCE AND RECOMMENDATION
This document represents the final and complete MOU resulting from the 2005/2006 Meet and Confer
sessions with the American Federation of State, County and Municipal Employees, AFSCME LOCAL
675, Maintenance -Unit 2.
Representatives of the City and Unit 2 acknowledge that they have fulfilled his/her mutual
respective obligations to Meet and Confer under the Meyers-Milias-Brown Act. As a result, the
parties have come to a mutual understanding, which the representatives of the City and Unit 2,
who have the approval of his/her members, agree to recommend for acceptance and approval to
the City Council of the City of Petaluma.
The parties affix his/her signatures as constituting mutual acceptance and recommendation of this
MOU to become effective July 1, 2005 upon acceptance and approval of the City Council.
AMERICAN FEDERATION OF STATE, COUNTY, AND MUNICIPAL EMPLOYEES
Nadia Bledsoe Date
Business Agent
American Federation of State,
County, and Municipal Employees
John Matyja Date
Union President
American Federation of State,
County, and Municipal Employees
Gabriel Lanusse Date
Negotiation Committee
American Federation of State,
County, and Municipal Employees
Joseph Nigro Date
Negotiation Committee
American Federation of State,
County, and Municipal Employees
Resolution No. 2006-052 N.C.S. Page 80
AMERICAN FEDERATION OF STATE, COUNTY, AND MUNICIPAL EMPLOYEES (CONY)
Gary Shelden Date
Negotiation Committee
American Federation of State,
County, and Municipal Employees
Doug Silacci Date
Negotiation Committee
American Federation of State,
County, and Municipal Employees
CITY OF PETALUMA
Pamala Robbins Date
Human Resources Manager
Jim Carr Date
Director of Parks and Recreation
Resolution No. 2006-052 N.C.S. Page 81
EXIIIBIT A -SALARY TABLE
AFSCME -Local 675, Maintenance Unit 2
Sala Ran es Effective Jul 1, 2005 throw h Jul 3, 2005
Glassif cafiori ~ _ =h _ : _ 2.. _ 3 ~ 4 5 =
Animal Care Technician $13.69 $14.38 $15.10 $15.84 $16.64
Animal Control Officer $19..14 $20.10 $21.12 $22.17 $23.28
Assistant Utility System Operator $21.08 $22.12 $23.24 $24.39 $25.62
Custodian $16.87 $17.72 $18.59 $19.53 $20.51
Electrical Maintenance Worker I $20.68 $21.72 .$22.79 $23.94 $25.13
Electrical Maintenance Worker II $25.49 $26.76 $28.10 $29.50 $30.98
Equipment Maintenance Lead $25.79 $27.08 $28.42 $29.85 $31.34
Equipment Mechanic $23.95 $25.14 $26:40 $27.73 $29.11
Equipment Service Worker $19.14 $20.10 $21:12 $22.17 $23.28
Facilities Maintenance Worker I $22.69 $23.81 $25.01 $26.25 $27.58
Facilities Maintenance Worker II $25.49 $26.76 $28.10 $29.50 $30.98
Maintenance Wkr III Docks/Bridges $21.10 $22.16 $23.27 $24.42 $25.65
Park Maintenance Foreworker $24.38 $25.61 $26.88 $28.23 $29.63
Park Maintenance Lead Worker $22.67 $23.79 $24.99 $26.23 $27.55
Park Maintenance Worker I $16.08 $16.89 $17.75 $18.63 $19.56
Park Maintenance Worker II $20.04 $21.05 $22.10 $23.21 $24.37
Park Maintenance Worker III $21.10 $22.16 $23.27 $24.42 $25.65
Public Works Foreworker $24.38 $25.61 $26.88 $28.23 $29.63
Senior Animal Control Officer $22.02 $23.11 $24.28 $25.49 $26.77
Street Maintenance Lead Worker $22.67 $23.79 $24.99 $26.23 $27.55
Street Maintenance Worker I $16.08 $16.89 $17:75 $18.63 $19.56
Street Maintenance Worker II $20.04 $21.05 $22.10 $23.21 $24.37
Street Maintenance Worker III $21.10 $22.16 $23.27 $24.42 $25.65
Supervising Custodian $18.56 $19.49 $20.48 $21.50 $22.57
Utility Service Lead Worker $22.67 $23.79 $24.99 $26.23 $27.55
Utility .Service Worker I $16.08 $16.89 $17.75 $18.63 $19.56
Utility Service Worker II $2.0.04 $21.05 $22.10 $23.21 $24.37
Utility Service Worker III $21.10 $22.16 $23.27 $24.42 $25.65
Utility System Operator $22.67 $23.79 $24.99 $26.23 $27.55
Utility Technician $22.67 $23.79 $24.99 $26.23 $27.55
Water Service Representative $21.09 $22.15 $23.26 $24.41 $25.65
Water Service Representative Lead $22.67 $23.79 $24.99 $26.23 $27.55
Resolution No. 2006-052 N.C.S. Page 82
.1
EXHIBIT A -SALARY TABLE
AFSCME -Local 675, Maintenance Unit 2
Sala Ran es Effective Jul 4, 2005 throu h Janua 1, 2006 - 2 % increase
C1LLassification; ' ~ _ ' ~1' ~ 2° . ~ 3~ 4 5
Animal Care Technician $13.96 $14.67 $15.40 $16.16 $16.97
Animal Control Officer $19.52 $20.50 $21.54 $22.61 $23.75
Assist Utility System Operator $21.50 $22.56 $23.70 $24.88 $26.13
Custodian $17.21 $18.07 $18.96 $19.92 $20.92
Electrical Maintenance Worker I $21.09 $22.15 $23.25 $24.42 $25.63
Electrical Maintenance Worker II $26.00 $27.30 $28.66 $30.09 $31.60
Equipment Maintenance Lead $26.31 $27.62 $28.99 $30.45 $31.97
Equipment Mechanic $24.43 $25.64 $26.93 $28.28 $29.69
Equipment Service Worker $19.52 $20.50 $21.54 $22.61 $23.75
Facilities Maintenance Worker I $23..14 $24.29 $25.51 $26.78 $28.13
Facilities Maintenance Worker II $26.00 $27.30 $28.66 $30.09 $31.60
Maintenance Wkr III Docks/Bridges $21.52 $22.60 $23.74 $24.91 $26.16
Park Maintenance Foreworker $24.87 $26.12 $27.42 $28.79 $30.22
Park Maintenance Lead Worker $23.12 $24.27 $25.49 $26.75 $28.10
Park Maintenance Worker I $16.40 $17.23 $18.11. $19.00 $19.95
Park Maintenance Worker II $20.44 $21.47 $22.54 $23.67 $24.86
Park Maintenance Worker III $21.5.2 $22.60 $23.74 $24.91 $26.16
Public Works Foreworker $24.87 $26.12 $27:42 $28.79 $30.22
Senior Animal Control Officer $22.46 $23.57 $24.77 $26.00 $27.31
Street Maintenance Lead Worker $23..12 $24.27 $25.49 $26.75 $28.10 .
Street Maintenance Worker I $16.40 $17.23 $18.11 $19.00 $19.95
Street Maintenance Worker II $20.44 $21.47 $22.54 $23.67 $24.86
Street Maintenance Worker III $21.52 $22.60 $23.74 $24.91 $26.16
Supervising Custodian $18.93 $19.88 $20.89 $21.93 $23.02
Utility Service Lead Worker $23.12 $24.27 $25.49 $26.75 $28.10
Utility Service Worker I $16.40 $17.23 $18.11 $19.00 $19.95
Utility Service Worker II $20.44 $21.47 $22.54 $23.67 $24.86
Utility Service Worker III $21.52 $22.60 $23.74 $24.91 $26.16
Utility System Operator $23.12 $24.27 $25.49 26.75 $28.10
Utility Technician $23..12 $24.27 $25.49 $26.75 $28.10
Water Service Representative $21.51 $22.59 $23.73 $24.90 $26.16
Water Service Representative Lead .$23.12 $24.27 $25.49 $26.75 $28.10
Resolution No. 2006-052 N.C.S. Page 83
EXHIBIT A -SALARY TABLE
AFSCME -Local 675, Maintenance Unit 2
Sala Ran es Effective Janua 2, 2006 throu h Jul 2, 2006- 2 % increase
CI'assificafon 1 ~ 2 3 4 5
Animal Care Technician $14.24 $14.96 $15.71 $16.48 $17.31
Animal Control Officer $19.91 $20.91 $21.97 $23.07 $24.22
Assistant Utility System Operator $21.93 $23.01 $24.18 $25.38 $26.66
Custodian $1.7.55 $18.44 $19.34 $20.32 $21.34
Electrical Maintenance Worker I $21.52 $22.60 $23.71 $24.91 $26.15
Electrical Maintenance Worker II $26.52 $27.84 $29.24 $30.69 $32.23
Equipment Maintenance Lead $26.83 $28.17 $29.57 $31.06 $32.61
Equipment Mechanic $24.92 $26.16 $27.47 $28.85 $30.29
Equipment Service Worker $19.91 $20.91 $21.97 $23.07 $24.22
Facilities Maintenance Worker I $23.6.1 $24.77 $26.02 $27.31 $28.69
Facilities Maintenance Worker II $26.52 $27.84 $29.24 $30.69 $32.23
Maintenance Wkr III Docks/Bridges $21.95 $23.06 $24.21 $25.41 $26.69
Park Maintenance Foreworker $25.36 $26.64 $27.97 $29.37 $30.83
Park Maintenance Lead Worker $23.59 $24.75 $26.00 $27.29 $28.66
Park Maintenance Worker I $16.73 $17.57 $18.47 $19.3 8 $20.35
Park Maintenance Worker II $20.85 $21.90 $22.99 $24.15 $25.35
Park Maintenance Worker III $21.95 $23.06 $24.21 $25.41 $26.69
Public Works Foreworker $25.36 $26.64 $27.97 $29.37 $30.83
Senior Animal Control Officer $22.91 $24.04 $25.26 $26.52 $27.85
Street Maintenance Lead Worker $23.59 $24.75 $26.00 $27.29 $28.66
Street Maintenance Worker I $16.73 $17.57 $18.47 $19.38 $20.35
Street Maintenance Worker II $20.85 $21.90 $22.99 $24.1.5 $25.35
Street Maintenance Worker III $21.95 $23.06 $24.21 $25.41 $26.69
Supervising Custodian $19.31 $20.28 $21.31 $22.37 $23.48
Utility Service Lead Worker $23.59 $24.75 $26.00 $27.29 $28.66
Utility Service Worker I $16.73 $17.57 $18.47 $19.38 $20.35
Utility Service Worker II $20.85 $21.90 $22.99 $24.15 $25.35
Utility Service Worker III $21.95 $23.06 $24.21 $25.41 $26.69
Utility System Operator $23.59 $24.75 $26.00 $27.29 $28.66
Utility Technician $23.59 $24.75 $26.00 $27.29 $28.66
Water Service Representative $21.94 $23.04 $24.20 $25.40 $26.69
Water Service Representative Lead $23.59 $24.75 $26.00 $27.29 $28.66
Resolution No. 2006-052 N.C.S. Page 84
EXHIBIT A -SALARY TABLE
AFSCME -Local 675, Maintenance Unit 2
Sala Ran es Effective Jul 3, 2006 throu h June 30, 2007 - 3 % increase
GTassfication 1 2 3 4 5
Animal Care Technician $14.67 $15.41 $16.18 $16.97 $17.83
Animal Control Officer $20.51 $21.54 $22.63 $23.76 $24.95
Assistant Utility System Operator $22.59 $23.70 $24.90 $26.14 $27.45
Custodian $18.08 $18.99 $19.92 $20.93 $21.98
Electrical Maintenance Worker I $22.16 .$23.28 $24.42 $25.65 $26.93
Electrical Maintenance Worker II $27.32 $28.68 $30.11 $31.61 $33.20
Equipment Maintenance Lead $27.64 $29.02 $30.46 $31.99 $33.58
Equipment Mechanic $25.67 $26.94 $28.29 $29.72 $31.19
Equipment Service Worker $20.51 $21.54 $22.63 $23.76 $24.95
Facilities Maintenance Worker I $24.31 $25.52 $26.80 $28.13 $29.56
Facilities Maintenance Worker II $27.32 $28.68 $30.11 $31.61 $33.20
Maintenance Wkr III Docks/Bridges $22.61 $23.75 $24.94 $26.17 $27.49
Park Maintenance Foreworker $26.13 $27.44 $28.80 $30.25 $31.75
Park Maintenance Lead Worker $24.29 $25.49 $26.78 $28.11 $29.52
Park Maintenance Worker I $17.23 $18.10 $19.02 $19.96 $20.96
Park Maintenance Worker II $21.48 $22.56 $23.68 $24.87 $26.12
Park Maintenance Worker III $22.61 $23.75 $24:94 $26.17 $27.49
Public Works Foreworker $26.13 $27.44 $28.80 $30.25 $31.75
Senior Animal Control Officer $23.60 $24.76 $26.02 $27.32 $28.69
Street Maintenance Lead Worker $24.29 $25.49 $26.78 $28.11 $29.52
Street Maintenance Worker I $17.23 $18.10 $19.02 $19.96 $20.96
Street Maintenance Worker II $21.48 $22.56 $23.68 $24.87 $26.12
Street Maintenance Worker III $22.61 $23.75 $24.94 $26.17 $27.49
Supervising Custodian $19.89 $20.89 $21.95 $23.04 $24.19
Utility Service Lead Worker $24.29 $25.49 $26.78 $28.11 $29.52
Utility Service Worker I $17.23 $18.10 $19.02 $19.96 $20.96
Utility Service Worker II $21.48 $22.56 $23.68 $24.87 $26.12
Utility Service Worker III $22.61 $23.75 $24.94 $26.17 $27.49
Utility System Operator $24.29 $25.49 $26.78 $28.11 $29.52
Utility Technician $24.29 $25.49 $26.78 $28.11 $29.52
Water Service Representative $22.60 $23.74 $24.93 $26.16 $27.49
Water Service Representative Lead $24.29 $25.49 $26.78 $28.11 $29.52
Resolution No. 2006-052 N.C.S. Page 85
Unit3
MEMORAIV®UM OF UN®ERSTANDING
AFSCME - 675
Clerical/Technical
FISCAL YEAR 2005-2007
Resolution No. 2006-052 N.C.S. Page 86
d, u
y
. ~ ~ ~ ~ TABLE OF ~CO ~~E,NTS ~ ~ .
Section Provision Page
PREAMBLE 1
SECTION 1-TERM OF AGREEMENT 1
SECTION 2 -RECOGNITION 1
2.1 Recognition -Union Recognition 1
2.2 .Recognition -City Recognition 1
SECTION 3 -UNION RIGHTS 1
3.1 Union Rights -Union Representation 1
3.2 Union Rights -Bulletin Boards 2
3.3 Union Rights -Access to Work Location -Processing Grievances 2
3.4 Union Rights -Access to Facilities 2
3.5 Union Rights -Advanced Noticed 2
3.6 Union Rights -List of Employees 2
SECTION 4 -UNION SECURITY 3
4.1 Union Security -Agency Shop 3
4.2 Union Security -Union Membership of Payment of Agency Fees 3
4.3 Union Security -Hudson Procedure 4
4.4 Union Security -Revocation of Membership Provision 4
4.5 Union Security -Financial Reports 4
4.6 Union Security -Payroll Deductions 4
4.7 Union Security -Discipline 5
4.8 Union Security -Dues Deduction 5
4.9 Union Security -Indemnification and Hold Harmless 6
SECTION 5 -EMPLOYER RIGIITS 6
SECTION 6 -SALARIES 7
6.1 Salaries 7
6.2 Salary -Temporary Assignment to a Higher Class 7
SECTION 7 -SPECIAL COMPENSATION 7
7.1 Special Compensation - .Smoking Cessation Plan 7
7.2 Special Compensation -Loss or Damage to Clothing 7
7.3 Special Compensation -Work Boots 7
7.4 Special Compensation -Bilingual Pay -Spanish 7
SECTION 8 -ALTERNATE WORK WEEK AND OVERTIME 8
8.1 Alternate Work Schedule 8
8.2 Alternate Work Week -Overtime 8
8.3 Overtime -Compensation Rate 8
8.4 Overtime -Minimum 8
8.5 Overtime -Emergency 8
SECTION 9 -COMPENSATORY TIME 8
SECTION 10 -CALLBACK AND STANDBY 9
10.1 Emergency Situation 9
10.2 Callback -Minimum 9
Resolution No. 2006-052 N.C.S. Page 87
Section Provision Pale
SECTION 11-HOLIDAYS 9
11.1 Holidays -Fixed Holidays 9
11.2 Holidays -Floating Holidays 10
SECTION 12 -VACATION 10
12.1 Vacation -Accrual 10
12.2 Vacation -Scheduling 10
12.3 Vacation -Deferral 10
12.4 Vacation -Usage 11
12.5 Vacation -Payment Upon Termination 11
SECTION 13 -LEAVES -SICK LEAVE 11
13.1. Sick Leave -Eligibility 11
13.2 Sick Leave -Accrual 11
13.3 Sick Leave -Notification Procedures 11
13.4 Sick Leave -Transfer 11
13.5 Sick Leave -Retirement Payout 12
SECTION 14 -LEAVES -INDUSTRIAL INJURY LEAVE 12
SECTION 15 -LEAVES -BEREAVEMENT LEAVE 12
SECTION 16 -LEAVES -VICTIMS OF DOMESTIC VIOLENCE
AND SEXUAL ASSAULT 13
SECTION 17 -LEAVES -MILITARY LEAVE 13
SECTION 18 -LEAVES -ELECTION OFFICER LEAVE AND VOTING LEAVE 13
SECTION 19 -LEAVES -SCHOOL VISITATION LEAVE 13
SECTION 20 -LEAVES -LEAVE OF ABSENCE WITHOUT PAY 13
SECTION 21 -LEAVES -JURY DUTY LEAVE 14
SECTION 22 -FAMILY CARE AND MEDICAL LEAVE (FMLA & CFRA) 14
22.1 FMLA and CFRA Leave 14
22.2 FMLA and/or CFRA -Second Opinion 14
SECTION 23 -LEAVES -PREGNANCY DISABILITY LEAVE 14
SECTION 24 -DISCRIMINATION, HARASSMENT AND RETALIATION
PROHIBITED 14
SECTION 25 -REASONABLE ACCOMMODATION 14
SECTION 26 -CALIFORNIA PUBLIC EMPLOYEES' RETIREMENT SYSTEM 14
SECTION 27 -HEALTH BENEFITS -ACTIVE EMPLOYEES 15
SECTION 28 -HEALTH BENEFITS -RETIRED EMPLOYEES 16
28.1 Retired Employees - Ca1PERS and the PEMHCA 16
28.2 Ca1PERS Annuitant -PEMHCA Health Benefits 16
28.3 Less Than 20 Years of Service -Not Receiving PEMHCA Health Benefits 16
28.4 Less Than 20 Years of Service -Receiving PEMHCA Health Benefits 16
28.5 20 Years or More of Service -Not Receiving PEMHCA Health Benefits 17
28.6 20 Years or More of Service -Receiving PEMHCA Health Benefits 17
SECTION 29 -CASH IN-LIEU OF HEALTH AND DENTAL BENEFITS 18
SECTION 30 -SECTION 125 PLAN 18
SECTION 31 -DENTAL INSURANCE 19
Resolution No. 2006-052 N.C.S. Page 88
Section Provision Pale
SECTION 32 -VISION INSURANCE 19
SECTION 33 -LIFE INSURANCE 19
.SECTION 34 -DISABILITY INSURANCE 19
34.1 Short -Term Temporary Disability Benefit Program 19
34.2 Short -Term Disability Insurance -Voluntary 19
34.3 Long -Term Disability Insurance 19
SECTION 35 -EMPLOYEE ASSISTANCE PROGRAM 19
SECTION 36 -DEFERRED COMPENSATION 19
SECTION 37 -TRANSFERS AND PROMOTIONS 20
SECTION 38 -NEW OR CHANGED CLASSIFICATIONS 20
SECTION 39 -PROBATIONARY PERIOD 20
SECTION 40 -SHARED POSITION 20
40.1 Shared Position 20
40.2 Shared Position -Sixty-Day Notice 21
40.3 Shared Position -First Choice of Full-Time Employment 21
40.4 Shared Position -Employee Termination of Position 21
40.5 Shared Position -Part-Time Employees 21
40.6 Shared Position -Work Week and Work Day 21
40.7 Shared Position -Seniority 21
40.8 Shared Position -Overtime 21
40.9 Shared Position -Pro-Rated Leave and Benefits 21
40.10 Shared Position -Merit Pay, Step Increases and Probationary Period 21
SECTION 41 -DISCIPLINE PROCEDURE 22
41.1 Discipline -Methods 22
41.2 Discipline -Verbal Counseling 22
41.3 Discipline -Letters of Counseling 22
41.4 Discipline -Corrective Written Action 22
41.5 Discipline -Employee Notice 22
41.6 Discipline -Employee Response 23
41.7 Discipline -Employee Appeal 23
41.8 Discipline -Employer Review 23
41.9 Discipline -Advisory Arbitration 23
SECTION 42 -GRIEVANCE PROCEDURE 24
42.1 Grievance -Purpose of the Procedure 24
42.2 Grievance -Conduct of Grievance Procedure 24
42.3 Grievance -Grievance Procedure 24
SECTION 43 -LAYOFF AND RECALL 26
43.1 Layoff Application 26
43.2 Layoff -Employer Right 26
43.3 Layoff -Employee Notification 27
43.4 Layoff -Vacancy and Reclassification 27
43.5 Layoff -Employee Rights 27
43.6 Layoff -Seniority 27
43.7 Layoff -Order Of 27
Resolution No. 2006-052 N.C.S. Page 89
Section Provision Pale
43.8 Recall - Re-Employment List 28
43.9 Recall -Duration of Re-Employment List 28
SECTION 44 -EMPLOYEE PERSONNEL FILES 28
44.1 Employee Personnel File -Right to Inspect 28
44.2 Employee Personnel File -Acknowledgement Adverse Comments 28
SECTION 45 -OTHER 28
45.1 Performance Evaluations 28
45.2 Safety Committee 28
SECTION 46 -MUTUAL ACCEPTANCE AND RECOMMENDATION 30
EXHIBIT A -SALARY TABLE
Resolution No. 2006-052 N.C.S. Page 90
PREAMBLE
This Memorandum of Understanding (MOU) is entered into pursuant to the provisions of the Meyers-
Milias-Brown Act, Section 3500 et seq of the Government Code of the State of California.
The parties have met and conferred in good faith regarding wages, hours, and other terms and conditions
of employment for the employees in said representation unit, and have freely exchanged information,
opinions and proposals and have reached agreement on all matters relating to the employment
conditions and employer-employee relations of such employees.
This Memorandum of Understanding shall be presented to the City Council of the City of Petaluma as
the joint recommendation of the undersigned parties for the period July 1, 2005, and ending June 30,
2007.
SECTION 1 -TERM OF AGREEMENT
This Memorandum of Understanding (MOU) shall be effective for a two (2) year term. The fiscal year
commencing July 1, 2005., and ending June 30, 2007, with salary adjustments effective July 4, 2005,
January 2, 2006, and July 3, 2006.
SECTION 2 -RECOGNITION
2.1 Recognition -Union Recognition
Subject to the statutory rights of self-representation under Government Code Section 3503, the
American Federation of State, County and Municipal Employees, Local 675, Unit 3,
Clerical/Technical, hereafter referred to as the "Union" is the recognized employee organization
for those Clerical/Technical positions listed in Exhibit "A -Salary Table."
2.2 Recognition - Cit~eco nition
The Municipal Employee Relations Officer of the City of Petaluma or any person or
organization duly authorized by the Municipal Employee Relations Officer, is the representative
of the City of Petaluma, hereinafter referred to as the "City" in employer-employee relations.
SECTION 3 -UNION RIGHTS
3.1 Union Rights -Union Representation
City employees who are official representatives of the Union shall be given reasonable time off
with pay to attend meetings with management representatives, investigate grievances, or be
present at hearings where matters within the scope of representation or grievances are being
considered. The use of official time for this purpose shall be reasonable and shall not interfere
with the performance of City services as determined by the City. Such employee representatives
shall request time off from his/her respective supervisor and coordinate work schedules. Except
by mutual agreement, the number of employees excused for such purposes shall not exceed three
(3). However, in order that any given department not be unduly burdened by the released time
requirements, in no case shall more than one representative from any particular job classification
Resolution No. 2006-052 N.C.S. Page 91
in the same Department be allowed released time pursuant to this section at any given time. If
two (2) or more employees request to be excused from any one department pursuant to this
section, subject to the approval of the Department Director or his/her designee.
3.2 Union Rights -Bulletin Boards
The Union may use portions of City bulletin boards under the following conditions:
(A) All material must be dated and must identify the Union that published them.
(B) Unless special arrangements are made, materials posted will be removed thirty
(30) days after the date first posted.
(C) The City reserves the right to determine where bulletin boards shall be placed and
what portion of them are to be allocated to Union materials.
(D) If the Union does not abide by these rules, it will forfeit its right to have material
posted on City bulletin boards.
No employee other than an official representative on released time pursuant to this provision
shall attend to or conduct Union business while on duty, nor shall City equipment be utilized for
such matters except as specifically authorized by this MOU.
3.3 Union Rights -Access to Work Location - Processinc Grievances
Reasonable access to employee work locations shall be granted to officers of the Union and
his/her officially designated representatives for the purpose of processing grievances or
contacting employees of the Union concerning business within the scope of representation. Such
officers or representatives shall notify the City Human Resources Manager or his/her designee
prior to entering onto City premises for such purposes. Access shall be restricted so as not to
interfere with the normal operation of the department or with established safety or security
requirements.
Solicitation of membership and activities concerned with the internal management of the Union,
such as collecting dues, holding membership meetings, campaigning for office, conducting
elections. and distributing literature, shall not be conducted during working hours.
3.4 Union Rights -Access to Facilities
City employees or the Union or his/her representatives may, with the prior approval of the
Human Resources Manager, be granted the use of City non-public access facilities during
non-working hours for meetings of City employees provided space is available. All such requests
shall state the purpose or purposes of such meetings. The use of City equipment other than items
normally used in the conduct of business meetings, such as desks, chairs, and blackboards, is
strictly prohibited, the presence of such equipment in approved City facilities notwithstanding.
3.5 Union Rights -Advanced Notice
Except in cases of declared emergencies, reasonable advance written notice shall be given the
Union of any ordinance, rule, resolution or .regulation directly relating to matters within the
Resolution No. 2006-052 N.C.S. Page 92
scope of representation proposed to be adopted by the City Council and shall be given the
opportunity to meet and confer prior to adoption.
(A) In cases of emergency when the City Council determines that an ordinance, rule,
resolution, or regulation within the scope of representation must be adopted immediately
without prior notice or meeting and conferring with the Union, the City agrees to meet
and confer within a reasonable and practical time after the termination of the emergency
situation.
(B) During the course of such declared emergencies, the City shall have the sole discretion to
act as may be required during the course of the emergency to ensure the provision of
what it determines to be adequate and necessary public service, including, if necessary,
the authority to temporarily suspend any provision of this MOU. Upon the termination of
said emergency, the terms and conditions of the existing MOU will again become
effective.
3.6 Union Rights -List ofEmployees
The City agrees to annually furnish the Union with the names, classifications, and dates of hire
for all employees of the Unit 3 Clerical/Technical bargaining unit no later than September.
SECTION 4 -UNION SECURITY
4.1 Union Securit~gency Shop
The following modified Union Shop procedures shall apply to all employees represented by the
Union:
(A) Limitation of Provision
This provision shall be in accordance with Government Code Section 3502.5.
(B) Duty of Representation
The Union agrees that it has the duty to provide fair and non-discriminatory
representation to all bargaining unit employees regardless of whether they are employees
of the Union.
(C) Applicability
The provisions of this section shall not apply during periods that an employee is
separated from the representation unit, including, but not limited to, transfers, layoff, and
leaves of absence without pay.
(D) Union Certification
The Union certifies that. it has adopted, implemented, and will maintain procedures in
accordance with all applicable statutes, decisions by the courts of competent jurisdiction,
and other applicable legal authority.
(E) Change in Law
In the event there is a change in law whereby any provision contained in this section
becomes invalid, or in the event any provision in this section is determined to be
Resolution No. 2006-052 N.C.S. Page 93
unlawful, the parties shall meet and confer within thirty (30) days to negotiate a
substitute provision which conforms to the law or court decision.
4.2 Union Security -Union Membership or Payment of Agency Fee
Upon adoption of this resolution by the City Council, all bargaining unit employees, excluding
those current non-union employees, shall as a condition of continued employment either:
(A) Become and remain a member of the Union;
(B) Pay to the Union an agency fee in an amount which does not exceed an amount that may
be lawfully collected under applicable constitutional, statutory, and case law. This
amount shall be equal to or less than the monthly dues paid by members for the duration
of this MOU, it being understood that it shall be the sole responsibility of the Union to
determine an Agency Fee which meets the above criteria; or
(C) Religious Objection For an employee who is a member of a bona fide religion, body or
sect which has historically held conscientious objections to joining or financially
supporting public employee organizations as a condition of employment, such employee
shall not be required to join, maintain membership in, or financially support the Union.
Such employee shall, in lieu of payment of dues or agency fee to the Union, pay a charity
fee in an amount no greater than such agency fee to one (1) of four (4) negotiated non-
religious, non-labor, charitable funds that are exempt from taxation under Section
501(c)(3) of the Internal Revenue Code, which has been selected by the employee from
the following:
Petaluma Peoples Service Center Meals on Wheels
Petaluma Peoples Service Center Senior Nutrition Site
Petaluma Boys and Girls Club
Hospice of Petaluma
4.3 Union Security -Hudson Procedure
The Union shall provide to -the City a copy of its "Hudson procedure" for the determination and
protest of its fees. The Union shall provide a copy of this procedure to every bargaining unit
employee covered by this MOU within ten (10) days of the signing of this agreement. The City
shall provide to the Union a list of those employees who are Union employees with the monthly
payment of deductions by the City to the Union. Annually thereafter, and as a condition to any
change in the union's fees, the Union shall provide each member with a copy of the Union's
"Hudson procedures" and shall provide to the City confirmation of such mailing.
4.4 Union Security- Revocation of Membership Provision
Once each year, in December, or for a new employee, at the time he/she commences
employment with the City, each employee of the bargaining unit may elect to revoke union
membership without penalty to his/her employment with the City, on an appropriate form
approved by the City. The employees shall thereafter have no obligation to pay union dues and
the City shall cease making deductions from his/her paycheck. The party electing to "revoke
membership" shall be subject to the provisions of Section 4.2 (B)(C) above.
Resolution No. 2006-052 N.C.S. Page 94
4.5 Union Security -Financial Reports
The Union shall comply with the financial reporting requirements stated in California
Government Code Section 3502.5..
4.6 Union Security Payroll Deductions
Payroll deductions for union dues shall be granted by the City to the Union in accordance with
the following terms and procedures. Deductions shall be made only upon the employee's written
authorization on a payroll deduction form approved by the City and shall cease in the event the
employee opts out of Union membership in accordance with Section 4.4.
(A) Authorization
Subject to the opt-out provision of Section 4.4, all new employees who are hired into job
classifications in this unit may at the time of hire execute an authorization for the payroll
deduction for union dues. Authorization, cancellation, or modification of payroll
deduction shall be made upon forms provided or approved by the City Manager. The
voluntary payroll deduction authorization shall remain in effect until employment with
the City is terminated or until otherwise revoked in accordance with the terms of this
paragraph. Employees may authorize dues deductions only for the Union certified as the
recognized representative of the unit to which such employees are assigned. Any dues
deduction authorization will automatically terminate in the event that the Union's status
as exclusive representative for the bargaining unit employees terminates.
(B) Sufficiency of Earnings
The employee's earnings must be sufficient to cover the amount of the deductions herein
authorized after all other required deductions are made. When an employee is in a non-
pay status for an entire pay period, no withholdings will be made to cover that pay period
from future earnings nor will the employee deposit the amount which would have been
withheld with the City if the employee had been in pay status during that period. In the
case of any employee who is in non-pay status during a part of the pay period, and the
salary is not sufficient to cover the full withholding, no deduction shall be made. In this
connection, all other required deductions have priority over the Union dues deduction.
(C) Union Dues
Payroll deductions shall be for a specific amount and uniform as between employee
members of the Union. Check-off authorization for Union dues which were executed
prior to the execution of this Agreement shall remain in full force and. effect.
(D) Payment to Union
Amounts deducted and withheld by the City shall be transmitted to the officer designated
in writing by the Union as the person authorized to receive such funds at the address
specified.
4.7 Union Security -Discipline
No employee shall be disciplined under this section unless the Union has first:
Resolution No. 2006-052 N.C.S. Page 95
(A) Notified the employee by letter, explaining that he/she is delinquent in not tendering the
required union fee, specifying the amount of such delinquency, and warning the
employee that unless such union fee is tendered within thirty (30) calendar days, the
employee will be reported by the Union to the City for disciplinary action as provided for
in this section, and
(B) Furnished the City with written proof that the procedure set forth in paragraph (A) above
has been followed, and has supplied the City with a copy of the letter sent to the
employee, notice that the employee has not complied with the request, along with the
following certification:
(C) The Union certifies that the employee has failed to tender the union fee required as a
condition of employment under the MOU, and therefore, under the terms of the MOU,
the Union requests that the City terninate the employee's employment with the City.
4.8 Union Security -Dues Deduction
The City shall grant payroll deductions for membership dues to the Union in accordance with the
terms of this paragraph.
The following procedures will be observed in the withholding of employee earnings:
(A) Payroll deductions shall be for a specific amount and uniform as between employee
members of the Union. Payroll deductions shall be limited solely to membership dues.
Dues deduction shall be made only upon the employee's written authorization on a
payroll deduction form provided by the Union and approved by the City.
(B) Authorization, cancellation, or modification of payroll deduction shall be made upon
forms provided or approved by the City Manager. The voluntary payroll deduction
authorization shall remain in effect until employment with the City is terminated or until
canceled or modified by the employee by written notice to the City Manager. Employees
may authorize dues deductions only for the Union certified as the recognized
representative of the unit to which such employees are assigned. Any dues deduction
authorization will automatically terminate in the event that the Union's status as
exclusive representative for the bargaining unit employees terminates.
(C) Amounts deducted and withheld by the City shall be transmitted to the officer designated
in writing by the Union as the person authorized to receive such funds at the address
specified.
(D) The employee's earnings must be sufficient to cover the amount of the deductions herein
authorized after all other required deductions are made. When an employee is in a
non-pay status for an entire pay period, no withholdings will be made to cover that pay
period from future earnings nor will the employee deposit the amount with the City
which would have been withheld if the employee had been in pay status during that
period. In the case of any employee who is in a non-pay status during a part of the pay
period, and the salary is not sufficient to cover the full withholding, no deduction shall be
Resolution No. 2006-052 N.C.S. Page 96
made. In this connection, all other required deductions have priority over the Union dues
deduction.
(E) The Union agrees to indemnify, defend and hold the City harmless against any claim
made and against any suit initiated against the City on account of check-off of Union
dues. In addition, the Union shall refund to the City any amounts paid to it in error upon
presentation of supporting evidence.
4.9 Union Security -Indemnification and Hold Harmless
The Union agrees to indemnify, defend and hold the City harmless against any and all claims,
demands, suits, orders, judgments, or any form of liability that may arise out of or by reason of
this section, or that arise out or by reason of, any actions taken or not taken by the City under
this section. This includes, but is not limited to, the City's reasonable attorneys' fees and costs.
In addition, the Union shall refund to the City any amounts paid to it in error on presentation of
supporting evidence.
SECTION 5 -EMPLOYER RIGHTS
It is the right of the City to make decisions of a managerial or administrative character including:
decisions on the type, extent and standards or services performed, decisions on the methods, means and
personnel by which the City operations and services are to be conducted, and those necessary to exercise
control over City government operations in the most efficient and economical manner practicable and in
the best interests of the City residents. All managerial functions and rights to which the City has not
expressly modified or restricted by specific provision of this MOU shall remain with the City.
SECTION 6 -SALARIES
6.1 Salaries
Salary ranges shall be as specified in Exhibit "A" for each classification.
6.2 Temporary Assignment to a Higher Class
Employees performing out-of--class work shall be compensated at an additional five (5%) percent
on an hour-per-hour basis when such work is being performed. Unit employees who are asked to
perform out-of--class work are eligible for out-of--class pay when the following conditions are
met:
(A) It must be approved by the department director prior to the employee working out of
classification.
(B) The employee must have been assigned the work by either the employee's supervising
manager or department director.
(C) If the employee thinks the assignment is "out-of-class" it is the responsibility of the
Employee to inform the person assigning the duty prior to engaging in the assignment.
Resolution No. 2006-052 N.C.S. Page 97
(D) If the employee and person assigning the work disagree that the work should be
compensated as "out-of-class" the employee shall initiate the work assigned and may
resolve the issue through the grievance procedure.
It is the responsibility of the employee to inform the person assigning out-of--class work when
such work is finished.
SECTION 7 -SPECIAL COMPENSATION
7.1 Special Compensation -Smoking Cessation Plan
The City agrees to provide any employee of the Unit up to fifty dollars ($50) for completion of a
smoking cessation program, upon receipt of the certificate of completion.
7.2 ~ecial Compensation -Loss of Damaged Clothing
City employees may request reimbursement for the loss or damage of his/her clothing that is the
result of work activities. Requests for reimbursement shall be submitted to the department
director for review and approval. Amounts of reimbursement are at the discretion of the
department director.
7.3 Special Compensation - Work Boots
The City shall pay the cost of all work boots up to one-hundred-fifty dollars ($150) per fiscal
year. Replacement of work boots shall be on an as-needed basis with approval of the Department
Director. Receipts for work boot reimbursement shall be submitted to the Human Resources
office for processing.
7.4 Special Compensation - Bilin u~~panish
A qualified employee, who demonstrates Spanish bilingual proficiency at an acceptable
proficiency level as determined by the Human Resources Manager, shall be eligible for Spanish
Bilingual Pay in the amount of two-hundred dollars ($200) per month. To qualify, an employee
must be tested and certified as proficient at an acceptable proficiency level as determined and
certified by the Human Resources Manager and in accordance with the City's Administrative
Policy on Bilingual Proficiency Testing.
SECTION 8 -ALTERNATE WORK WEEK AND OVERTIME
8.1 Alternate Work Week
The City agrees to consider reasonable alternative work week programs proposed by the Union.
Such proposals (e.g. 4 day work week, flex scheduling, 9/80, job sharing) may be considered on
a case-by-case basis by the City. However, the decision as to whether and when, if at all, to
implement such alternate programs, the operation of such programs, and the ability to modify
and/or terminate such programs, is left exclusively with the City.
Resolution No. 2006-052 N.C.S. Page 98
8.2 Alternate Work Week -Overtime
Employees who are working an alternative work week of forty (40) hours per work week shall
be paid overtime for hours worked beyond the regularly assigned hours for that day in
accordance with the City's alternative work week policy.
8.3 Overtime -Compensation Rate
All hours worked in excess of eight (8) in any one day or an excess of forty (40) in any work
week shall be compensated at the overtime rate which shall be one and one-half (1.5) times the
regular rate of pay; provided, however, that in the event an employee is required to work
overtime without a break in excess of four (4) hours beyond the end of his/her regularly
scheduled work shift, the employee shall be compensated for those excess hours at the overtime
rate of two (2) times the regular rate of pay. Overtime shall only be worked after having received
prior authorization by the Department Director or a managerial supervisor.
8.4 Overtime - Minimum
Any employee required to work overtime shall, in no case, be compensated for less than one (1)
hour for such overtime.
8.5 Overtime -Emergency
When it becomes necessary because of an emergency to have employees work during legal
holidays or during scheduled vacation leaves, such employees working on such legal holidays
and during periods of vacation shall be entitled to receive additional remuneration at the rate of
one and one-half (1.5) times his/her regular rate of pay.
SECTION 9 -COMPENSATORY TIME
Employees may accrue compensatory time in lieu of being paid for overtime. Employees may accrue up
to a total of two-hundred-forty (240) hours of compensatory time per fiscal year. Employees may retain
no more than eighty (80) hours of compensatory time on the books at any given time. Compensatory
time shall be taken at a mutually agreeable time between the employee and the City, subject to the
operational requirements of the City. Compensatory time in excess of the eighty (80) hour limit shall be
paid at one and one-half (1.5) times the regular rate of pay.
Resolution No. 2006-052 N.C.S. Page 99
SECTION 10 -CALLBACK AND STANDBY
10.1 Emergency Situation
If, in an emergency situation, an employee in this unit is asked to leave work before the end of
his/her scheduled work day with the expectation that he/she will be called back to work to finish
the remainder of his/her work day at a later time, but the employee is not in fact called back to
work that day, the City agrees to compensate the employee for the full normal working day. In
exchange, up until the time that the employee's regular shift is scheduled to end, such employees
will be on standby status, without any entitlement to any extra compensation. Except as so
specified, employees in this unit are not required to work on a standby basis.
10.2 Callback - Minimum
Employees, who are called back to work after having completed the normal shift and/or after
having left the worksite, shall be compensated a minimum of two (2) hours at the overtime rate.
SECTION 11 - IIOLIDAYS
11.1 Holidays - Fixed Holidays
The City shall observe twelve (12) fixed-date holidays. These holidays shall be established for
the City's fiscal year as determined by City Council resolution.
The Holidays for fiscal years 05/06 and 06/07 are as follows:
Independence Day
Labor Day
Columbus Day
Veterans' Day
Thanksgiving Day
Day After Thanksgiving
Christmas Eve
Christmas Day
New Year's Day
Martin Luther King Day
Presidents' Day
Memorial Day
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
on the preceding Thursday 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:
Resolution No. 2006-052 N.C.S. Page 100
(A) Time charged to accrued vacation allowance; or
(B) Time off without pay.
11.2 Holidays - Floatin Hg olidays
During the fiscal year the City will authorize one (1) "Floating Holiday" per employee, which
may be taken by the employee at a time selected by the employee, subject to operational
requirements and approval determined by the City. Employees hired between July 1, and
December 31, will be eligible fora "Floating Holiday" during the course of the Fiscal Year.
SECTION 12 -VACATION
MISC Years of Vacation Accrual
Em to ees Service hrs Accrual Limit hrs
Unit 3 0-4 80 160
5-9 120 240
10 128 256
11 136 272
12 144 288
13 152 304
14 160 320
15 168 336
16 176 352
17 184 368
18 192 384
19 or rester 200 400
12.1 Vacation - Accrual
All regular employees of the City, after working one full year are entitled to the equivalent of
eighty (80) hours of vacation with pay in the year following the year in which vacation is earned.
All regular employees of the City, after five (5) years of continuous service with the City, and
beginning with the sixth (6`") year, shall be entitled to the equivalent of one-hundred-twenty
(120) hours of vacation per year. After ten (10) years of continuous service with the City, eight
(8) hours of vacation shall be added for each year of continuous service to a maximum of two
hundred (200) hours of vacation.
Vacation time shall not be accumulated in excess of two (2) years.
12.2 Vacation - Scheduling
The times during a calendar year in which an employee may take his/her vacation shall be
determined by the Department Director with due respect for the wishes of the employee and
particular regard for the needs of the service. If the requirements of the service are such that an
employee cannot take part or all of his annual vacation in a particular calendar year, such
vacation shall be taken during the following calendar year.
Resolution No. 2006-052 N.C.S. Page 101
12.3 Vacation - Deferral
Any eligible employee with the consent of the Department Director may defer his/her annual
vacation to the succeeding calendar year subject to other provisions of this rule. In the event one
(1) or more municipal holidays fall within an annual vacation leave, such holidays shall not be
charged as vacation leave, and vacation leave shall be extended accordingly.
12.4 Vacation - Usage
An employee may begin to use accrued vacation after successfully completing his/her
probationary period with the City.
12.5 Vacation -Payment Upon Termination
Employees who leave City employment shall be paid in a lump sum for all accrued vacation
leave earned prior to the effective date of termination not to exceed two (2) years accumulation.
SECTION 13 -LEAVES -SICK LEAVE
13.1 Sick Leave - Eli ibg ility
Sick leave with pay shall be granted to all employees as set forth in this section. Sick leave is not
a right, which an employee may use at his discretion, but rather, shall be used only in case of
personal illness, disability or the serious illness or injury of an employee's family member that
requires the employee's attention. Family members shall include spouse, domestic partner,
children, parents, spouse's parents, brothers, sisters or other individuals whose relationship to the
employee is that of a dependent or near dependent.
1.3.2 Sick Leave - Accrual
Sick leave shall accrue to all full-time employees at the rate of eight (8) hours for each month of
continuous service.
13.3 Sick Leave - Notification Procedures
In order to receive compensation while absent on sick leave, the employee shall notify his/her
Department Director prior to or within four (4) hours after the time set for beginning his/her
daily duties. When absence is for more than three (3) days duration, the employee may be
required to file a physician's certificate with the Human Resources office stating the cause of the
absence.
13.4 Sick Leave - Transfer
Employees wishing to donate hours of sick leave to another employee may do so by sending a
written request, approved by his/her Department Director, to the Human Resources office
naming the individual to receive the sick leave and the amount donated, with the following
restrictions:
(A) Employees who wish to transfer sick leave must retain a minimum of one-
hundred-sixty (160) hours of sick leave.
Resolution No. 2006-052 N.C.S. Page 102
(B) Transfer amounts shall be limited to the number of actual hours needed and used by the
receiving employee.
(C) Any donated sick leave hours unused by recipient shall be returned to the donor .
(D) The employee receiving the sick leave transfer must have zero (0) hours of
accrued sick leave, vacation, and accrued compensatory time.
(E) Employees may not buy or sell sick leave. Only the time may be
transferred.
(F) Employees may not transfer sick leave upon separation of service.
(G) Transfer of sick leave shall be allowed between all Units.
(H) No more than ninety (90) workdays of sick leave may be received by an
employee for any one illness or injury.
13.5 Sick Leave - Retirement Payout
In the event of the death or retirement of an employee who has completed ten (10) or more years
of continuous service with the City, the employee shall be paid or shall receive to his/her benefit
fifty percent (50%) of his accumulated but unused sick leave not to exceed four-hundred-eighty
(480) hours. The employee may elect not to receive this benefit and instead place all sick leave
hours into the CaIPERS sick leave conversion benefit.
SECTION 14 -LEAVES -INDUSTRIAL INJURY LEAVE
Benefits shall be payable in situations where miscellaneous employee absence is due to industrial injury
as provided in California State Workers' Compensation Law. During the first one-hundred-sixty (160)
work hours when the employee's absence has been occasioned by injury suffered during his/her
employment and he/she receives workers' compensation, he/she shall receive full pay. Medical
appointments related to industrial injury or illness shall be calculated on an hourly basis. Following this
period, sick leave may be a supplement to the workers' benefits provided the employee. Compensation
is at his/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 employee is certified "permanent and stationary" by a competent
medical authority. The City shall pay him/her the regular salary, based on the combination of the
workers' compensation benefit 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 any employee 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 this
MOU.
Resolution No. 2006-052 N.C.S. Page ]03
SECTION 15 -LEAVES -BEREAVEMENT LEAVE
An employee shall be granted up to thirty-two (32) hours of bereavement leave in the event of death in
the employee's inunediate 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 an employee 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.
SECTION 16 -LEAVES - VICTIMS OF DOMESTIC VIOLENCE AND SEXUAL
ASSAULT LEAVE
California Labor Code 230 and 230.1 allows use of such leave for Victims of Domestic Violence for any
of the following: to seek medical attention for related injuries; to obtain services from a domestic
violence shelter, program or rape crisis center; to obtain psychological counseling; or to participate in
safety planning. Certification of need may be required in the form of a police report, protection order,
and documentation from court or from a medical professional, domestic violence advocate or counselor.
The City of Petaluma provides appropriate leave, in accordance with California Labor Code Section
230.
SECTION 17 -LEAVES -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.
SECTION 18 -LEAVES -ELECTION OFFICER LEAVE AND VOTING LEAVE
When an employee's actual work schedule otherwise would prevent the employee from voting in any
State, County, or General election, the employee may be granted up to two (2) hours of paid time to
vote, in accordance with Election Code 14000. The employee must provide the City with at least two
(2) working days' notice that he/she will be taking time off to vote.
Resolution No. 2006-052 N.C.S. Page 104
SECTION 19 -LEAVES -SCHOOL VISITATION LEAVE
An employee may take up to forty (40) hours off in a year to participate in his/her child's school
activities, in accordance with California Labor Code Section 230.8.
SECTION 20 -LEAVES -LEAVE OF ABSENCE WITHOUT PAY
The City Manager may grant a regular or probationary employee leave of absence without pay pursuant
to State and Federal Law. Good cause being shown by a written request, the City Manager may extend
such leave of absence without pay or seniority or benefits for an additional period not to exceed six (6)
months. No such leave shall be granted except upon written request of the employee setting forth the
reason for the request, and the approval will be in writing. Upon expiration of a regularly approved
leave or within a reasonable period of time after notice to return to duty, the employee shall be
reinstated in the position held at the time leave was granted. Failure on the part of an employee on leave
to report promptly at its expiration, or within a reasonable time after notice to return to duty shall be
cause for discharge.
SECTION 21-LEAVES -JURY DUTY LEAVE
Any employee summoned for jury duty 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. Any employee may
retain payment for travel, but shall make payable to the City any and all. fees which the employee may
receive in payment for service as a juror. For Grand Juries, this compensation shall not extend beyond
twenty (20) working days.
SECTION 22 -FAMILY CARE and MEDICAL LEAVE (FMLA & CFRA)
22.1 FMLA and/or CFRA Leave
The City shall provide family and medical care leave for eligible employees 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.
22.2 FMLA and/or CFRA -Second Opinion
The employee 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.
SECTION 23 -LEAVES -PREGNANCY DISABILITY LEAVE
The City shall provide pregnancy disability leave (PDL) for eligible employees as required by City
policy and applicable state law and as specifically provided in the Fair Employment and Housing Act
and the Family Medical Leave Act. If possible, employees must provide thirty (30) days advance notice
of leave.
Resolution No. 2006-052 N.C.S. Page 105
SECTION 24 -DISCRIMINATION, HARASSMENT & RETALIATION PROHIBITED
The City and its employees are prohibited from discriminating against an applicant or employee because
the employee is in a "protected class" (based on age, race, etc.) in taking any personnel actions (such as
hiring, promotion, discipline, etc.) Employees are prohibited from harassing any employees due to race,
sex, age, etc. The City and its employees are prohibited from retaliating against an employee because
the employee has filed a complaint of discrimination or harassment or opposed actions by other
employees that constituted discrimination or harassment.
SECTION 25 - REASONABLE ACCOMMODATION
In accordance with the California Fair Employment and House Act (FEHA) and the Americans with
Disability Act (ADA), the City will reasonably accommodate any known protected disability of an
employee.
SECTION 26 -CALIFORNIA PUBLIC EMPLOYEES' RETIREMENT SYSTEM
The City provides Miscellaneous employees with the two percent (2%) at fifty-five (55) formula
retirement plan. The City's contract with CaIPERS includes the following optional benefits:
• Third Level - 1959 Survivor's Benefit as provided in Section 21573 (April 5, 1999).
® Military Service Credit as provided in Section 20930.3 (January 1, 1992).
• One-Year Final Compensation as provided Section 20024.2 (November 1, 1980).
• Credit for Unused Sick Leave as provided in Section 20862.80 (November 1, 1980).
• Cost of Living Allowance two percent (2%) as provided by Section 21335 (April 1, 1971).
• Retired Death Benefit of five-hundred ($500) as provided in Section 21620 (December 1,
1969).
• Death Benefit Continues as provided in Section 21551 (January 1, 2000).
• Prior Service Credit as provided in Section 20055 (January 1, 1950).
The City shall continue to defer that portion of the employee's contribution paid to Ca1PERS through
Section 414(h)(2) of the Internal Revenue Code pursuant to City of Petaluma Resolution 90-363 N.C.S.
SECTION 27 - HEALTH BENEFITS -ACTIVE EMPLOYEES
Active Employees -PEMHCA Contribution
The City currently provides health benefits through the California Public Employees' Retirement System
(CaIPERS) Health Benefits Program under the Public Employees' Medical and Hospital Care Act
(PEMHCA). The City's employer contribution for each employee shall be one-hundred dollars ($100) per
month.
Active Employees -Additional Benefit -January 1, 2005
The City shall provide active employees with an additional benefit in the dollar amount listed in the chart
below entitled "Additional Benefit -January 1, 2005," for each employee and his/her family members.
Resolution No. 2006-052 N.C.S. Page 106
Additional Benefit -January 1, 2005
2005 Kaiser City PEMHCA Maximum Additional
Coverage Benebt Contributed
Rate Contribution
b the Cit
Sin le $354.69 $100.00 $254.69
2-Pa $709.38 $100.00 $609.38
Famil $922.19 $100.00 $822.19
Additional Benefit -January 1, 2006
Effective January 1, 2006, the City shall provide active employees with an additional benefit in the dollar
amount listed in the chart below entitled "Additional Benefit and Employee Contribution-Effective January
1, 2006," for each employee and his/her family members. The additional benefit amount is the Ca1PERS
Health Premium amount for Kaiser-Bay-Area/Sacramento less the City's one-hundred dollar ($100)
PEMHCA contribution times ninety-five percent (95%) for each employee and his/her family members.
Employee Contribution -January 1, 2006
Effective January 1, 2006, employees shall contribute to his/her Ca1PERS Health Premium in the amounts
less the City's one-hundred dollar ($100) PEMHCA contribution and less the additional benefit listed in the
chart below entitled "Additional Benefit and Employee Contribution-Effective January 1, 2006," for each
employee and his/her family members. The chart below is only an example of what the employee
contribution would be for Kaiser-Bay-Area/Sacramento.
Additional Benefit and Employee Contribution -Effective January 1, 2006
Maximum
Coverage 2006 Kaiser PEMHCA Additional Benefit Contpributio
Rate Contribution ContribCu; ed by the n
Sin le $389.38 $100.00 $374.91 $14.47
2-Pa $778.76 $100.00 $744.82 $33.94
Famil $1,012.39 $100.00 $966.77 $45.62
Additional Benefit -January 1, 2007
Effective January 1, 2007, the City shall provide active employees with an additional benefit in the dollar
amount of the CaIPERS Health Premium for Kaiser-Bay-Area/Sacramento less the City's one-hundred
dollars ($100) PEMHCA contribution times ninety-five percent (95%) for each employee and his/her family
members.
Employee Contribution -January 1, 2007
Effective January 1, 2007, employees shall contribute to his/her CaIPERS Health Premium in the amounts
less the City's one-hundred dollar ($100) PEMHCA contribution and less the additional benefit dollar
amount effective January 1, 2007, paid by the City.
Resolution No. 2006-052 N.C.S. Page 107
SECTION 28 -HEALTH BENEFITS -RETIRED EMPLOYEES
28.1 Retired Employees -CaIPERS and the PEMHCA
The City currently provides health benefits through the California Public Employees' Retirement
System (CaIPERS) Health Benefits Program under the Public Employees' Medical and Hospital
Care Act (PEMHCA). In order to be eligible to receive health benefits through Ca1PERS upon
retirement, a City of Petaluma employee must meet the following definition of "annuitant" under
CaIPERS law:
(A) employee must be a member of CaIPERS; and
(B) employee must retire within 120 days of separation from employment with the City of
Petaluma and receive a monthly retirement allowance from Ca1PERS.
28.2 CaIPERS Annuitant -PEMHCA Health Benefits
In accordance with the PEMHCA provisions, if an employee is a CaIPERS annuitant as defined
in Section 28.1 and receives health benefits under the PEMHCA, the employee is eligible to
receive the City's PEMHCA contribution amount specified in Section 28.4 below, regardless of
the number of years of service with the City of Petaluma.
28.3 Less Than 20 Years of Service -Not Receiving PEMHCA Health Benefits
An employee with less than twenty (20) years of service with the City of Petaluma who is not
enrolled in the Ca1PERS health benefit program does not receive any retiree benefit from the
City.
28.4 Less Than 20 Years of Service -Receiving PEMHCA Health Benefits
An employee with less than twenty (20) years of service with the City of Petaluma who is a
CaIPERS annuitant as defined in Section 24.1 and enrolled in the CaIPERS health benefit program is
eligible to receive the City's PEMHCA contribution amount specified in this section.
For example, an employee would receive sixty-five dollars ($65) per month as a retiree benefit if
he/she retired on January 2, 2007. The following year, in 2008, the payment would increase five
dollars ($5) per month to seventy dollars ($70) and continue to increase in five dollar ($5) increments
every year until it reaches the maximum benefit amount ofone-hundred dollars ($100) per month.
Calendar City's
Year PEMHCA
contribution
2005 55.00
2006 60.00
2007 65.00
2008 70.00
2009 75.00
2010 80.00
2011 85.00
2012 90.00
2013 95.00
2014 100.00
Resolution No. 2006-052 N.C.S. Page 108
The City's PEMHCA contribution amount is deducted from the retiree's monthly health
premium and paid to CaIPERS directly by the City.
28.5 20 Years or More of Service -Not Receiving PEMHCA Health Benefits
An employee with twenty (20) or more years of service with the City of Petaluma who is not
enrolled in the CaIPERS health benefits program shall receive direct payments in the amount of
one-hundred-forty dollars ($140) each month, effective the first month following the expiration of
health benefit coverage.
28.6 20 Years or More of Service -Receiving PEMHCA Health Benefits
An employee with twenty (20) years or more of service with the City of Petaluma who is a
CaIPERS annuitant as defined in Section 28.1 and enrolled in the CaIPERS health benefit
program shall receive a benefit payment ofone-hundred-forty dollars ($140) per month as specified
in this section.
The City's cash retiree benefit is sent directly to the retiree.
Calendar City PEMHCA City Cash Total Benefit
Year contribution Retiree Benefit Amount
2005 55.00 85.00 140.00
2006 60.00 80.00 140.00
2007 65.00 75.00 140.00
2008 70.00 70.00 140.00
2009 75.00 65.00 140.00
2010 80.00 60.00 140.00
2011 85.00 55.00. 140.00
2012 90.00 50.00 140.00
2013 95.00 45.00 140.00
2014 100.00 40.00 140.00
It is the responsibility of the retiree to notify the City in writing if he/she is no longer participating in
the Ca1PERS health benefit program. Following receipt of the written notice, the City will
commence direct payment of the one-hundred-forty dollars ($140) at the beginning of the following
month.
SECTION 29 - CASH IN-LIEU OF HEALTH AND DENTAL BENEFITS
Employees with health and/or dental benefit insurance coverage from a source other than the City, or
employees with health and dental benefit insurance coverage from a City employee, may request cash
in-lieu of health and dental benefits. To be eligible for the cash in-lieu benefit program, employees must
waive his/her coverage under the City's health and/or dental benefits, agree to the terms and conditions
of the cash in-lieu benefit program, and have written verification of health and/or dental benefits
insurance.
Resolution No. 2006-052 N.C.S. Page 109
The cash in-lieu amount for health coverage shall be in the amount of fifty percent (50%) of the health
insurance premium amount of the CaIPERS Kaiser -Bay Area/Sacramento that the City would
otherwise pay for the employee and his/her family members. The cash in-lieu amount for dental
insurance benefits shall be in the amount of fifty percent (50%) of the established dental program
composite rate.
Upon declining medical and/or dental insurance, the employee will be required to meet the terms and
conditions regarding the City's medical and/or dental plan. If an employee decides to stop receiving the
medical/dental cash back and wishes to re-enroll into the City's medical and/or dental plan, then he/she
must meet the current terms and conditions of the City's medical and/or dental plan. The City cannot
guarantee that once the employee leaves a particular medical and/or dental plan, he/she may be able to
re-enroll in his/her prior plan and under the same terms and conditions of his/her prior plan.
SECTION 30 -SECTION 125 PLAN
The City of Petaluma has established and shall offer to eligible employees 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 employees with a tax savings through the following
programs:
(A) Pre-Tax Health Insurance Premiums
This program allows employees to pay his/her share of health insurance premiums with
pre-tax dollars.
(B) Flex Spending Accounts (FSAs)
(1) 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.
(2) Dependent Care Reimbursement
This program permits employees to pay for most child and/or dependent care
expenses with pre-tax dollars.
Resolution No. 2006-052 N.C.S. Page 110
SECTION 31-DENTAL INSURANCE
The City shall provide a dental plan for the term of the MOU and pay the total premium costs for the
employee and eligible dependents. The maximum benefit amount is one-thousand-five-hundred dollars
($1,500) per person per calendar year. Orthodontic coverage shall be provided for dependent children
under the age of nineteen (19) years and is 50% of the dentist's allowed fee (subject to a $1,000 lifetime
maximum per person).
SECTION 32 -VISION INSURANCE
The City shall provide a vision plan for employees and eligible dependents. The cost shall be paid for by
the City. Employees are eligible for eye exams every twelve (12) months with atwenty-five dollar ($25)
deductible. Frames are available every twelve (12) months with a maximum benefit of one-hundred-
twenty dollars ($120) and lenses are available every twelve (12) months with a maximum benefit of
two-hundred dollars ($200).
SECTION 33 -LIFE INSURANCE
The City shall provide for a group term life insurance program for the City employees in this Unit. The
City shall pay, during the course of the MOU, the insurance cost towards employee only coverage for
such insurance in the principle sum offifty-thousand dollars ($50,000) per employee.
SECTION 34 -DISABILITY INSURANCE
34.1 Short -Term Temporary Disability Benefit Program
The City has established and shall provide eligible employees with ashort-term temporary
disability benefit program in accordance with administrative policy.
34.2 Short - Term Disability Insurance -Voluntary
The City agrees that employees in this unit may, on a purely voluntary basis and at his/her own
expense, participate in AFLAC's short-term disability insurance, as long as the number of
employees electing to participate in the program meets the minimum participation standards set
by the carrier.
34.3 Long - Term Disability Insurance
The City shall provide for along-term disability plan, with the premium to be paid for by the
City.
SECTION 35 -EMPLOYEE ASSISTANCE PROGRAM
The City will provide an Employee Assistance Program to employees and his/her immediate families.
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.
Resolution No. 2006-052 N.C.S. Page I 1 1
SECTION 36 -DEFERRED COMPENSATION
The City shall make available to the employees of this unit the City's Deferred Compensation Plan.
SECTION 37 -TRANSFERS AND PROMOTIONS
An employee who transfers or promotes to another City position shall, for a period of six (6) months, be
entitled to retreat to the job classification formerly held, as long as that position is currently unfilled.
Such an employee shall not be subject to another probationary period, so long as the employee has
successfully completed probation in the pre-promotional classification.
SECTION 38 -NEW OR CHANGED CLASSIFICATIONS
The City shall notify the Union and staff representative when proposing to abolish or create a new
bargaining unit position. In the event a new classification is established, the City shall assign it to a pay
grade based upon the work to be performed after comparison with other classifications.
The City shall provide the Union president with a written classification description of the new or
changed classification, which shall describe the content sufficiently to identify the classification.
Upon receipt of the City's description, the president of the Union, 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 Union does not request a meeting within five (5)
work days of the receipt of the City's recommendation, it shall be deemed to be approved by the Union.
SECTION 39 -PROBATIONARY PERIOD
All original, transfer, and promotional appointments shall be subject to a probationary period. The
probationary period shall be regarded as part of the testing process. It shall be utilized for closely
observing the employee's work performance. A probationary employee, whose performance does not
meet the required standards of work, may be rejected.
In accordance with the City's administrative policy, a minimum of a six (6) month probationary period
is required for all established classifications. However, an incumbent in a technical classification serves
a twelve (12) month probationary period; an incumbent in a clerical classification serves a six (6) month
probation period.
For promotion and/or transfer an employee's probationary period is six (6) months. Should an employee
be on a leave of absence without pay, the probationary period will be extended for that time.
During the probationary period, an employee may be rejected at any time by the City Manager without
cause and without the right of appeal.
Any employee rejected during the probationary period following a promotional or transfer appointment
shall be discharged except as provided in section Transfers and Promotions.
Resolution No. 2006-052 N.C.S. Page 112
Promotions of employees still on probation will result in a new probationary period for the class into
which the individual was promoted.
SECTION 40 -SHARED POSITION
40.1 Shared Position
The shared position exists at the sole discretion of the City and may be abolished by the City, or
by mutual agreement of all the parties involved, or by the termination of one of the employees.
A decision made by the City to abolish a shared position shall be subject to the same rules as
decisions by the City to abolish any other position.
40.2 Sixty Days Notice
In the event that the shared position is terminated or reallocated to a full-time position the City
will provide a sixty (60) day notice to the employees occupying the shared position.
40.3 First Choice of Full-time Employ
If the shared position is reallocated to a regular full-time position, the employee with the most
seniority in the shared position shall be given first choice at the reallocated regular full-time
position. The other shared position employee shall be offered any vacant available regular full-
time position and/or considered for any available position for which he/she is qualified. If no
position is available, the employee(s) may displace an employee in the same department who has
less seniority in accordance with the City of Petaluma Personnel Rules and Regulations, Rule
VII "B", Layoff Policy and Procedure.
40.4 Employee Termination of Position
In the event one of the employees terminates his/her shared position for any reason, the shared
position assignment will terminate and the position will reallocate to a regular full-time position
and shall be offered to the remaining shared position employee. .The remaining shared position
employee also has the option of locating another qualified employee to share the position,
subject to the City's approval of the substitution of another employee to share the position.
40.5 Shared Position -Part-time Employee
An employee who occupies the shared position shall be designated as a shared position -part
time employee. The part-time employee is regularly scheduled to work for at least forty (40)
hours but less than eighty (80) hours of work per pay period.
40.6 Work Week and Work Day
The work week shall consist of twenty (20) hours in one (1) week, based upon afifty-two (52)
week year.
40.7 Seniori
Seniority for the shared position employee shall be determined on the same basis as a regular
full-time employee.
40.8 Overtime
Overtime shall be paid in the same manner as a regular full-time employee.
Resolution No. 2006-052 N.C.S. Page 113
40.9 Pro-rated Leave and Benefits
All leave and all benefits shall be on a pro-rated basis of 50%.
40.10 Merit Pay, Step Increases and Probationary Period.
Standards for merit pay, step increases a probationary period for the shared position employee
shall be on the same basis as a regular full-time employee.
SECTION 41-DISCIPLINE PROCEDURE
41.1 Discipline -Methods
When an employee has not met standards of professional conduct the City of Petaluma may
impose the following types of discipline:
(A) Verbal Counseling
(B) Letters of Counseling
(C) Corrective Written Action
(D) Suspension Without Pay
(E) Reduction in Pay
(F) Demotion
(G) Disciplinary Probation
(H) Discharge/Termination
Any authorized supervisor may initiate and recommend discipline for cause against an employee under
his/her supervision in accordance with these procedures.
41.2 Discipline -Verbal Counseling
The City may correct an employee with verbal counseling. There shall be no written notice of
verbal counseling placed in an employee's personnel file.
41.3 Discipline -Letters of Counseling
The City may correct an employee with a letter of counseling. The letter of counseling shall be
placed in an employee's personnel file. Employees may request in writing to the Department
Director with a copy to the Human Resources Department that letters of counseling which are
two (2) or more years old be destroyed when:
(A) The employee's personnel file does not contain subsequent letters of corrective action;
and,
(B) There is no other current or pending corrective action at the time the employee submits
his/her request to the Department Director.
41..4 Discipline -Corrective Written Action
The City may correct an employee in a written notice. The written notice shall include the basis
for the correction and by attachment any other relevant documents. The employee may within
thirty (30) calendar days respond to the City, either in writing or orally to the notice before it is
placed in his/her personnel file. If the employee chooses, he/she may prepare a written response
Resolution No. 2006-052 N.C.S. Pagel 14
and have it placed with the City's written correction in his/her personnel ale. There shall be no
further appeal of a written correction.
41.5 Discipline -Employee Notice
For discipline other than a written correction, the employee shall receive a written notice of the
discipline, the basis for the discipline, and by attachment other documents upon which the
discipline is based, along with notice of the right to respond, either in writing or orally, before
discipline is imposed.
If requested by the employee in writing within fourteen (14) calendar days the City shall meet
with the employee, unless a different date is set by mutual agreement.
41.6 Discipline -Employee Response
If the employee elects to respond to the discipline, he/she shall either provide a written request to
the City within seven (7) calendar days of receiving the notice of discipline. The request may be
accompanied by a written position statement. If requested, the Department Director shall
convene a meeting within seven (7) calendar days of receiving the request to review the
employee's response and position before discipline is imposed. The employee shall be entitled to
a representative of his/her choice, provided that the representative shall not be directly involved
in the events underlying the proposed discipline. At the meeting, the employee shall be provided
an informal opportunity to respond to the discipline and to present any information for
consideration by the Department Director. Seven (7) calendar days after the employee has been
provided an opportunity to respond to the discipline, the Department Director shall issue a
written notice with his/her decision.
41.7 Discipline - Emplo e~ppeal
For suspension greater in severity than five (5) working days, and other discipline other than
written correction, the employee shall have the right to appeal the Department Director's
decision to the City Manager or alternatively, the Union may elect to appeal the discipline to
advisory arbitration before discipline is imposed. If the employee elects to appeal the discipline
to the City Manager, or if the Union elects to appeal the discipline to advisory arbitration, they
shall within fourteen (14) calendar days from the notice of the Department Director's final
decision submit a written request to the City Manager to appeal the discipline. If no written
request is submitted to the City Manager within the fourteen (14) day time frame, the right of
appeal is waived and the discipline shall become final.
41.8 Discipline -Employer Review
If the employee elects to have the City Manager review the discipline, the City Manager shall
convene a meeting to review the employee's response and position before discipline is imposed.
The employee shall be entitled to a representative of his/her choice. At the meeting, the
employee shall be provided the opportunity to respond to the discipline and to present any
information for consideration by the City Manager. Fourteen (14) calendar days after the
employee has been provided an opportunity to respond to the discipline, the City Manager shall
issue a written notice with his/her decision. The City Manager's decision shall be final.
Resolution No. 2006-052 N.C.S. Page 115
41.9 Discipline -Advisory Arbitration
As an alternative, the Union may elect to appeal discipline to advisory arbitration before
discipline is imposed.
(A) The arbitrator shall be selected from a list provided by the American Arbitration
Association or the State Mediation and Conciliation Service. A list of seven names shall
be requested from either source in a manner to be jointly agreed upon by the City and
Union. The City and the Union, shall alternatively delete names from the list.
(B) The arbitrator so selected shall conduct a hearing as expeditiously as possible at a time
and place convenient to the City, the employee and the Union.
(C) The arbitrator shall have the authority to convene the hearing, receive evidence through
testimony and documents and to make findings of fact and conclusion whether the
discipline was for just cause and whether the discipline was appropriate. The arbitrator
may recommend an outcome, but the final authority rests with the City Manager.
(D) Within thirty (30) calendar days after the hearing, the arbitrator shall submit in writing
his/her advisory recommendations to the City Manager and the employee.
(E) Within fourteen (14) calendar days of receipt of the arbitrator's advisory
recommendations, the City Manager shall issue a final decision. The City Manager's
decision shall be final.
(F) Any costs associated with the arbitration hearing shall be borne equally by the City and
Union.
(G) City employees who are employed "at-will," or who are temporary or probationary, are
not subject to the requirement of good cause, and are not entitled to these discipline
procedures.
SECTION 42 -GRIEVANCE PROCEDURE
42.1 Purpose of the Procedure
The purpose of the grievance procedure is to process and resolve grievances arising out of the
interpretation, application, or enforcement of the express terms of this agreement; to promote
improved employer-employee relations by establishing procedures for resolving such
grievances; to afford employees individually or through his/her recognized employee
organization a systematic means of obtaining further consideration of such grievances after every
reasonable effort has failed to resolve them through discussions; to provide that the grievances
shall be settled as near as possible to the point of origin; to provide that the grievance procedure
shall be conducted as informally as possible.
"Grievance" is defined as any dispute concerning the interpretation, application, or enforcement
of the express ternls of this agreement (not including disputes regarding or appeals of
disciplinary actions).
Resolution No. 2006-052 N.C.S. Page 116
42.2 Conduct of Grievance Procedure
(A) The time limits specified below may be extended to a definite date by mutual agreement
of the employee, his/her representative, and the reviewer concerned.
(B) The employee may request the assistance of another person of his/her own choosing in
preparing and presenting his/her grievance at any level of review.
(C) The employee and his/her representative may be permitted to use a reasonable amount of
work time as determined by the appropriate department director in conferring about and
presenting the grievance.
(D) Employees shall not be retaliated against for using the grievance procedures.
42.3 Grievance Procedure
(A) Step One
An employee who has a grievance (as defined above) should first try to get it settled
through an informal discussion with his/her immediate supervisor without undue delay.
The employee must present the grievance within thirty (30) working days of the event(s)
giving rise to the grievance or the grievance shall be deemed untimely. Every effort
should be made to find an acceptable solution by informal means at his/her lowest
possible level of supervision.
If the employee is not in agreement with the decision reached by the informal discussion
in Step One, the employee shall have the right to elevate the grievance to Step Two.
(B) Step Two
To elevate to Step Two, the employee shall submit a written grievance within ten (10)
working days after the informal discussion with the immediate supervisor. The written
grievance shall specify the term of the agreement at issue and the factual basis of the
grievance. The immediate supervisor shall render a decision in writing and return it to the
employee within ten (10) working days after receiving the written grievance.
If the employee is not in agreement with the written decision rendered by his/her
immediate supervisor, the employee shall have the right to elevate the grievance to Step
Three.
If the employee does not receive a decision in writing from his/her immediate supervisor
within fifteen (15) working days of the employee's submission of the written grievance,
the employee may elevate the grievance to Step Three.
Failure of the employee to take further action within the days specified shall be
considered by the City as dropping the grievance.
Resolution No. 2006-052 N.C.S. Page 1 17
(C) Step Three
To elevate to Step Three, the employee shall present the written grievance within ten (10)
working days after receiving the immediate supervisor's written decision, or if no
decision is rendered, within fifteen (15) working days of the employee's submission of
the written grievance to his/her immediate supervisor.
If the next level of supervision is not a department director, the next level supervisor, or
manager shall discuss the grievance with the employee, and his/her representative if
requested, and any other person the supervisor or manager deems appropriate. The
supervisor or manager shall render a decision in writing, and return it to the employee
within ten (L O) working days after receiving the written grievance.
If the employee is not in agreement with the written decision rendered by his/her
supervisor or manager, the employee shall have the right to elevate the grievance to Step
Four.
If the employee does not receive a decision in writing from his/her supervisor or manager
within fifteen (15) working days of the employee's submission of the written grievance,
the employee may elevate the grievance to Step Four.
Failure of the employee to take further action within the days specified shall be
considered by the City as dropping the grievance.
(D) Step Four
To elevate to Step Four, the employee shall present the written grievance within ten (10)
working days after receiving the supervisor or manager's written decision, or if no
decision is rendered, within fifteen (15) working days of the employee's submission of
the written grievance to the supervisor or manager. .
The department director shall discuss the grievance with the employee, and his/her
representative if requested and any other person the department director deems
appropriate. The department director shall render a decision in writing, and return it to
the employee within ten (10) working days after receipt of the written grievance.
If the employee is not in agreement with the written decision rendered by his/her
department director, the employee shall have the right to elevate the grievance to Step
Five.
If the employee does not receive a decision in writing from his/her department director
within fifteen (15) working days of the employee's submission of the written grievance,
the employee may elevate the grievance to Step Five.
Failure of the employee to take further action within the days specified shall be
considered by the City as dropping the grievance.
Resolution No. 2006-052 N.C.S. .Page 118
(E) Step Five
To elevate to Step Five, the employee shall present the written grievance within ten (10)
working days after receiving the department director's written decision, or if no decision
is rendered, within fifteen (15) working days of the employee's submission of the written
grievance to the department director.
The City Manager, or a designated representative, shall discuss the grievance with the
employee, and his/her representative if requested, and with other appropriate persons the
City Manager deems appropriate. The City Manager may designate afact-finding
committee or officer not in the normal line of supervision, to advise him/her concerning
the grievance. The City Manager shall render a decision in writing to the employee
within twenty (20) working days after receipt of the written grievance. The City
Manager's decision shall be final.
SECTION 43 -LAYOFF AND RECALL
43.1 Layoff Application
Should the City decide, for labor cost-control reasons, to permanently eliminate bargaining unit
work by permanently replacing existing bargaining unit positions with contract or subcontract
employees to do the same work under similar conditions of employment ("Work Elimination"),
the City agrees to notify the Union fourteen (14) days prior to implementation of the work
elimination, in order to allow the Union to meet and confer with respect to the effects of the
proposed action upon the bargaining unit employees and to propose effective economical
methods, if any, by which such work could continue to be provided by the City's own
employees. It is not the intention of the City to contract out work normally performed by
bargaining unit employees. If the City proposes to abolish a position, whether filled or vacant,
the City will notify the Union and afford the opportunity to meet and confer.
43.2 Layoff -Employer Right
Whenever, in the judgment of the City Council, it becomes necessary to abolish any position of
employment due to a re-organization or to separate employees due to lack of work or funds, the
employee holding such position or employment may be laid off or demoted without disciplinary
action and without the right of appeal.
43.3 Layoff -Employee Notification
Employees to be laid off shall be given, whenever possible, at least fourteen (14) calendar days'
prior notice.
43.4 Layoff -Vacancy and Reclassification
Except as otherwise provided, whenever there is a reduction in the work force, the appointing
authority shall first demote to a vacancy, if any, in a lower classification for which the employee
who is the latest to be laid off in accordance with Section 42.5 is qualified. All persons so
demoted shall have his/her names placed on the re-employment list.
Resolution No. 2006-052 N.C.S. Page 119
43.5 Layoff -Employee Rights
An employee affected by layoff shall have the right to displace an employee in the same
department who has less seniority in 1) a lower classification in the same classification series or
in 2) a lower classification in which the affected employee once had regular status. For the
purpose of this section and Section 42.6, seniority includes all periods of full-time service at or
above the classification level where the layoff is to occur.
43.6 Layoff -Seniority
In order to retreat to a former or lower classification, an employee must have more seniority than
at least one (1) of the incumbents in the retreat classification, be qualified to hold the retreat
classification or have served in the retreat classification prior to the layoff and request
displacement action in writing to the Human Resources office within five (5) working days of
receipt of notice of layoff.
Employees within each category shall be laid off in reverse order of seniority within the
classification series. Seniority for the retreat classification would be the combination of time
served (at or above) in the layoff classification and any prior time served in the retreat
classification. Ties will be broken based upon seniority of total City service.
Employees retreating to a lower or similar classification shall be placed at the salary step
representing the least loss of pay. In no case shall the salary be increased above that received in
the classification from which the employee was laid off.
Employees retreating to a lower or similar classification shall serve a probationary period in the
new classification unless they have previously completed a probationary period in the retreat
classification or a higher classification in the series.
43.7 Layoff -Order of
In each classification of position within the competitive service, employees shall be laid off
according to employment status in the following order: temporary, provisional, probationary,
and regular.
Temporary, provisional, and probationary employees shall be laid off according to the needs of
the service as determined by the appointing authority.
43.8 Recall - Re-Employment List
The names of persons laid off or demoted in accordance with these rules shall be entered upon a
re-employment list. Lists from different departments or at different times for the same
classification of position shall be combined into a single list based on seniority. Such list shall be
used by every appointing authority when a vacancy arises, based on seniority, in the same or
lower classification of position before certification is made from an eligible list.
43.9 Recall -Duration of Re-Employment List
Names of persons laid off shall be carried on a re-employment list for two (2) years.
Resolution No. 2006-052 N.C.S. Page 120
SECTION 44 -EMPLOYEE PERSONNEL FILE
44.1 Employee Personnel File - Ri>;ht to Inspect
An employee (or employee representative with written authorization from the employee) shall
have the right to inspect and review his/her employee personnel. file. The employee's personnel
file shall be made available to the employee for inspection and review at a mutually agreeable
time between the employee and Human Resource office staff member.
44.2 Employee Personnel File -Acknowledgement Adverse Comments
Before any adverse comments are placed in an employee's personnel file, the employee shall be
given a copy of the material to be placed in his/her file; and written notice that the material will
be placed in his/her personnel file. The material shall contain. either a written acknowledgment
that the employee has received the material and the notice, or a statement signed by the person
who delivered the material that the employee refused to sign such an acknowledgment. The
employee may write a response to the document containing the adverse comment for placement
in his/her personnel file.
SECTION 45 -OTHER
45.1 Performance Evaluations
(A) Performance evaluations are a process designed to acknowledge the performance of an
employee.
(B) A probationary employee shall receive at least one (1) performance evaluation during
his/her probationary period at or near the midpoint of the probationary period.
(C) An employee who disagrees with his/her performance evaluation shall be given
opportunity to submit a written response to the evaluation. The response will accompany
the performance evaluation in the employee's personnel file. The contents of a
performance evaluation shall not be subject to the provisions of the Grievance Procedure
of this agreement.
45.2 Safety Committee
The City agrees that it has the obligation to take reasonable steps to furnish employment and a
place of employment, which is safe and healthful for its employees.
The Union may report to the City any condition, which it perceives to be a working condition
that is less than safe or healthful. Upon receiving such a report, the City agrees to meet with the
Union to discuss the reported condition.
A Safety Committee composed of one (1) employee of this Unit and an employee of
management shall meet with other Unit designees in a Safety Committee that shall meet at least
twice (2x) yearly to discuss safety practices, methods of reducing hazards, safety training,
building inspections and other mandatory elements of the City's Injury and Illness Prevention
Program.
Resolution No. 2006-052 N.C.S. Page 121
SECTION 46 -MUTUAL ACCEPTANCE AND RECOMMENDATION
This document represents the final and complete Agreement resulting from the 2005/2007 .Meet
and Confer sessions with the American Federation of State, County and Municipal Employees,
AFSCME, 675, Unit 3, Clerical/Technical.
Representatives of the City and Unit 3 acknowledge that they have fulfilled his/her mutual
respective obligations to Meet and Confer under the Meyers-Milias-Brown Act. As a result, the
parties have come to a mutual understanding, which the representatives of the City and Unit 3,
who have the approval of his/her members, agree to recommend for acceptance and approval to
the City Council of the City.
The parties affix his/her signatures as constituting mutual acceptance and recommendation of this
Memorandum of Understanding to become effective July 1, 2005, upon acceptance and approval
of the City Council.
AMERICAN FEDERATION OF STATE, COUNTY, AND MUNICIPAL EMPLOYEES
Nadia Bledsoe Date
Business Agent
American Federation of State,
County, and Municipal Employees
John Matyja Date
Union President
American Federation of State,
County, and Municipal Employees
Shirley Bunce Date
Negotiation Committee
American Federation of State,
County, and Municipal Employees
Barbara Spataro Date
Negotiation Committee
American Federation of State,
County, and Municipal Employees
Resolution No. 2006-052 N.C.S. Page 122
CITY OF PETALUMA
Pamala Robbins Date
Human Resources Manager
Jim Carr Date
Director of Parks and Recreation
Resolution No. 2006-052 N.C.S. Page 123
EXHIBIT A -Salary Table
AFSCME -Local 675, Clerical/Technical Unit 3
Sala Ran es Effective Jul 1, 2005 throu h Jul 3, 2005
Classif`ca"tion 1 Z. 3 4 5
Accounting Assistant I $15.80 $16.59 $17.44 $18.29 $19.20
Accounting Assistant II $18.73 $19.66 $20.65 $21.68 $22.76
Administrative Assistant $20.71 $21.75 $22.84 $23.98 $25.17
Assistant in Civil Engineering $26.14 $27.45 $28.83 $30.26 $31.79
Assistant in Traffic Engineering $26.14 $27.45 $28.83 $30.26 $31.79
Building Inspector I $21.95 $23.05 $24.21 $25.41 $26.69
Building Inspector II $27.47 $28.85 $30.28 $31.81 $33.40
Code Enforcement Officer $22.96 $24.10 $25.31 $26.58 $27.91
Engineering Technician I $15.13 $15.88 $16.68 $17.51 $18.40
Engineering Technician II $23.15 $24.31 $25.53 $26.81 $28.14
Geo Info Systems Technician I $17.41 $18.27 $19.18 $20.14 $21.16
Geo Info Systems Technician II $22.97 $24.10 $25.31 $26.58 $27.91
Mail Services Assistant $15.57 $16.36 $17.18 $18.03 $18.93
Office Assistant I $13.20 $13.85 $14.55 $1.5.29 $16.04
Office Assistant II $16.49 $17.31 $18.17 $19.09 $20.03
Permit Processing Technician $19.83 $20.83 $21.87 $22.97 $24.10
Planning Technician I $17.42 $18.27 $ 19.18 $20.14 $21.16
Plans Examiner $32.28 $33.90 $35.60 $37.37 $39.24
Plans Examiner/Dep. Chief Bldg Official $32.28 $33.90 $35.60 $37.37 $39.24
Police Records Assistant I $13.88 $14.58 $15.32 $16.07 $16.88
Police Records Assistant II $17.40 $18.26 $19.16 $20.13 $21.14
Public Works Inspector I $27.44 $28..82 $30.25 $31.77 $33.35
Public Works Inspector II $29.53 $30.99 $32.55 $34:18 $35.87
Secretary $18.51 $19.44 $20.40 $21.43 $22.50
Senior Building Inspector $29.53 $30.99 $32.55 $34.18 $35.87
Senior Engineering Technician $26.14 $27.45 $28.83 $30.26 $31.79
Senior Planning Technician $22.96 $24.10 $25.31 $26.58 $27.91
Shelter Assistant $16.49 $17.31 $18.17 $19.09 $20.03
Resolution No. 2006-052 N.C.S. Page 124
EXHIBIT A -Salary Table
AFSCME -Local 675, Clerical/Technical Unit 3
Sala Ran es Effective Jul 4, 2005 throu h Janua 1, 2006 - 2 % increase
Classification 1 2 3 4: 5'
Accounting Assistant I $16.12 $16.92 $17.79 $18.66 $19.58
Accounting Assistant II $19.10 $20.05 $21.06 $22.11 $23.22
Administrative Assistant $21.12 $22.19 $23.30 $24.46 $25.67
Assistant in Civil Engineering $26.66 $28.00 $29.41 $30.87 $32.43
Assistant in Traffic Engineering $26.66 $28.00 $29.41 $30.87 $32.43
Building Inspector I $22.39 $23.51 $24.69 $25.92 $27.22
Building Inspector II $28.02 $29.43 $30.89 $32.45 $34.07
Code Enforcement Officer $23.42 $24.58 $25.82 $27.11 $28.47
Engineering Technician I $15.43 $16.20 $17.01 $17.86 $18.77
Engineering Technician II $23.61 $24.80 $26.04 $27.35 $28.70
Geo Info Systems Technician I $17.76 $18.64 $19.56 $20.54 $2].58
Geo Info Systems Technician II $23.43 $24.58 $25.82 $27.11 $28.47
Mail Services Assistant $15.88 $16.69 $17.52 $18.39 $19.31
Office Assistant I $13.46 $ l 4.13 $14.84 $15.60 $16.36
Office Assistant II $16.82 $17.66 $18.53 $19.47 $20.43
Permit Processing Technician $20.23 $21.25 $22.31 $23.43 $24.58
Planning Technician I $17.77 $18.64 $19.56 $20.54 $21.58
Plans Examiner $32.93 $34.58 $36.31 $38.12 $40.02
Plans Examiner/Dep Chief Bldg Official $32.93 $34.58 $36.31 $38.12 $40.02
Police Records Assistant I $14.16 $14.87 $15.63 $16.39 $17.22
Police Records Assistant II $17.75 $18.63 $19.54 $20.53 $21.56
Public Works Inspector I $27.99 $29.40 $30.86 $32.41 $34.02
Public Works Inspector II $30.12 $31.61 $33.20 $34.86 $36.59
Secretary $18.88 $19.83 $20.81 $21.86 $22.95
Senior Building Inspector $30.12 $31.61 $33.20 $34.86 $36.59
Senior Engineering Technician $26.66 $28.00 $29.41 $30.87 $32.43
Senior Planning Technician $23.42 $24.58 $25.82 $27.11 $28.47
Shelter Assistant $16.82 $17.66 $18.53 $19.47 $20.43
Resolution No. 2006-052 N.C.S. Page 125
EXHIBIT A -Salary Table
AFSCME -Local 675, Clerical/Technical Unit 3
Sala Ran es Effective Janua 2, 2006 throu h Jul 2, 2006 - 2 % increase
Classification 1 2 3 4 5
Accounting Assistant I $16.44 $17.26 $18.14 $19.03 $19.98
Accounting Assistant II $19.49 $20.45 $21.48 $22.56 $23.68
Administrative Assistant $21.55 $22.63 $23.76 $24.95 $26.19
Assistant in Civil Engineering $27.20 $28.56 $29.99 $31.48 $33.07
Assistant in Traffic Engineering $27.20 $28.56 $29.99 $31.48 $33.07
Building Inspector I $22.84 $23.98 $25.19 $26.44 $27.77
Building Inspector II $28.58 $30.02 $31.50 $33.10 $34.75
Code Enforcement Officer $23.89 $25.07 $26.33 $27.65 $29.04
Engineering Technician I $15.74 $16.52 $17.35 $18.22 $19.14
Engineering Technician II $24.09 $25.29 $26.56 $27.89 $29.28
Geo Info Systems Technician I 8.11 $19.01 $19.95 $20.95 $22.01
Geo Info Systems Technician II $23.90 $25.07 $26.33 $27.65 $29.04
Mail Services Assistant $16.20 $17.02 $17.87 $ 18.76 $19.69
Office Assistant I $13.73 $14.41 $15.14 $15.91 $16.69
Office Assistant II $17.16 $18.01 $18.90 $19.86 $20.84
Permit Processing Technician $20.63 $21.67 $22.75 $23.90 $25.07
Planning Technician I $18.12 $19.01 $19.95 $20.95 $22.01
Plans Examiner $33.58 $35.27 $37.04 $38.88 $40.83
Plans Examiner/Dep Chief Bldg Official $33.58 $35.27 $37.04 $38.88 $40.83
Police Records Assistant I $14.44 $15.17 $15.94 $16.72 $17.56
Police Records Assistant II $18.10 $19.00 $19.93 $20.94 $21.99
Public Works Inspector I $28.55 $29.98 $31.47 $33.05 $34.70
Public Works Inspector II $30.72 $32.24 $33.87 $35.56 $37.32
Secretary $19.26 $20.23 $21.22 $22.30 $23.41
Senior Building Inspector $30.72 $32.24 $33.87 $35.56 $37.32
Senior Engineering Technician $27.20 $28.56 $29.99 $31.48 $33.07
Senior Planning Technician $23.89 $25.07 $26.33 $27.65 $29.04
Shelter Assistant $17.16 $18.01 $18.90 $19.86 $20.84
Resolution No. 2006-052 N.C.S. Page 126
EXHIBIT A -Salary Table
AFSCME -Local 675, Clerical/Technical Unit 3
Sala Ran es Effective Jul 3, 2006 throu h June 30, 2007 - 3 % increase
Classification 1 `2 3' 4 5
Accounting Assistant I $16.93 $17.78 $18.69 $19.60 $20.57
Accounting Assistant II $20.07 $21.07 $22.13 $23.23 $24.39
Administrative Assistant $22.19 $23.31 $24.48 $25.70 $26.97
Assistant in Civil Engineering $28.01 $29.42 $30.89 $32.43 $34.07
Assistant in Traffic Engineering $28.01 $29.42 $30.89 $32.43 $34.07
Building Inspector I $23.52 $24.70 $25.94 $27.23 $28.60
Building Inspector II $29.44 $30.92 $32.45 $34.09 $35.79
Code Enforcement Officer $24.60 $25.83 $27.12 $28.48 $29.91
Engineering Technician I $16.21 $17.02 $17.87 $18.76 $19.72
Engineering Technician II $24.81 $26.05 $27.36 $28.73 $30.16
Geo Info Systems Technician I $18.66 $19.58 $20.55 $21.58 $22.68
Geo Info Systems Technician II $24.61 $25.83 $27.12 $28.48 $29.91
Mail Services Assistant $16.68 $17.53 $18.41 $19.32 $20.29
Office Assistant I $14.15 $14.84 $15.59 $16.38 $17.19
Office Assistant II $17.67 $18.55 $19.47 $20.46 $21.46
Permit Processing Technician $21.25 $22.32 $23.44 $24.61 $25.83
Planning Technician I $18.67 $19.58 $20.55 $21.58 $22.68
Plans Examiner $34.59 $36.33 $38.15 $40.05 $42.05
Plans Examiner/Dep Chief Bldg Official $34.59 $36.3.3 $38.15 $40.05 $42.05
Police Records Assistant I $14.87 $15.62 $16.42 $ l 7.22 $18.09
Police Records Assistant II $18.65 $19.57 $20.53 $21.57 $22.65
Public Works Inspector I $29.41 $30.88 $32.42 $34.05 $35.74
Public Works Inspector II $31.64 $33.21 $34.88 $36.63 $38.44
Secretary $19.84 $20.83 $21.86 $22.96 $24.11
Senior Building Inspector $31.64 $33.21 $34.88 $36.63 $38.44
Senior Engineering Technician $28.01 $29.42 $30.89 $32.43 $34.07
Senior Planning Technician $24.60 $25.83 $27.12 $28.48 $29.91
Shelter Assistant $17.67 $18.55 $19.47 $20.46 $2l .46
Resolution No. 2006-052 N.C.S. Page 127