HomeMy WebLinkAboutAgenda Bill 06/25/2001 (15) JUN25zoos A
CITY OF PETALUMA, CALIFORNIA
AGENDA BILL
Agenda Title: Meeting Date:
Resolution Approving Salary and Supplemental Wage Benefits for June 25, 2001
Employees in Unit 8 (Department Heads)
Department: Director: Contact Perso -hone Number:
Human Resources G. Beatty G. Beatty 778-4340
Cost of Proposal:$44,000 Account Number:
Varied
Name of Fund:
Amount Budgeted: $44,000 Varied
Attachments to Agenda Packet Item:
1) Resolution Approving Salary and Supplemental Wage Benefits for Employees in Unit 8 (Department
Heads)
2) Compensation Plan for Unit 8 -Department Heads
Summary Statement:
The City has previously approved Compensation Plans and Memorandums of Understanding for all city
employees with the exception of the Management Unit. The City Council has reviewed the provisions of
the Compensation Plan for Unit 8 (Management) and consents to authorize improvements to that
("Comc %
pensation Plan. The proposed provides for a 3.5 salary increase for all management employees
and improvements to the retirement benefit payment.
Council Priority: THIS AGENDA:ITEM IS CONSIDERED TO BE PART•OF, OR'NECESSARY To, ONE OR MORE OF THE
1999-2000 PRIORITIES ESTABLISHED BY THE CITY COUNCIL ON JANUARY 30, 1999 AND MARCH 18,2000.
Priority(s):
This proposal implements the Council's desire to pay competitive wages to the management team.
Recommended City Council Action/Suggested Motion:
Approval of the Resolution
Reviewed by Finance Director: ;Reviewed by City Attorney: A roved by City Manager:
te: Date: - Date:
tioata,„;, 6-19-0! zficpscy
Today's Date: Revision#and Date Revised: 41 Code:
June 19, 2001
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• CITY OF PETALUMA, CALIFORNIA
JUNE 25, 2001
AGENDA REPORT
FOR
Resolution Approving Salary and Suppletnental Wage Benefits for Employees in Unit 8
(Department Heads)
1) EXECUTIVE SUMMARY:
The Council has approved Compensation Plans and Memorandums of Understanding for all
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employees with the exception;of Management. Most of the agreements are multi-year
agreements negotiated over the last year. Last year, the.Councilaapproved the second year of a
three year plan to provide equity adjustments to all City employees;.including Management.
Through discussions with theCouncil, the City has consented to approving improvements to the
Compensation Plan for Management for fiscal year 2001=02. The Council is authorizing an
across the board 3.5% increase plus improvements to the health and welfare retirement benefit
provided to Management employees thatmeetcertainage and service criteria.
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2) BACKGROUND:
Beginning Fiscal Year 1999 —.2000, the City of Petaluma reinitiated the equity adjustments for
Miscellaneous, Mid—Management, and.Department Head employees. This program was halted
in 1990 with the exception of Public:Safety. All Miscellaneous and Mid—Management,
excepting Department Heads,.received approval for a three-0) year adjustment process in 1999.
This included 5 Employee Units;consisting of+- 135 employees. Department Heads were
approved for the first one-third of this adjustment in a one-year'Compensation Plan effective July
1999.
During the last Fiscal Year, the City of Petaluma has recruited for two Directors—the Public
Facilities,and Services Director and the Community Development Director. The City recently
completed recruiting for a Finance Director. The Community Development Director and the
Finance Director were advertised at a banded level equal to the Assistant City Manager, Director
of Water Utilities and the Director of Public Services and Facilities. In each case, at the advice of
the City's Executive Recruiting Firm, this was higher than the salary level of the departing
employee and more than the equity adjustment provided in FY 1999 - 2000. The Assistant City
Manager will be retiring and any adjustment for FY 2000.12001 will be used for that
recruitment.
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The Council provided salary increases in FY 2000-0.1 including equity adjustments based on a •
revised salary survey. The third year of the equity adjustment was to be considered for FY 2001
02.
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Other issues facing the City's current recruitment effort"s for highly qualified Directors include:
➢ The need4o compete with other agencies;
➢ The increasing use of signing,bonuses by other Agencies;
The need to encourage applications from a diverse,pool of candidates;
➢ Falling interest;in'public sector careers;
➢ A shrinking demographic pool of applicants; and
➢ The cost of housing within the Petaluma area.
For FY 2001-02, the City of Petaluma%is not in a position fiscally to provide the third year equity
adjustments to the Management Team: While the cost of living index for the-SF Bay Area has
risen 6.5% this.year (as of-February, 2001), the Management group is willing to accept the 3.5%u
cost of living adjustment in recognition that many of the other employee Units inthe;City of
Petaluma have accepted an annual 3.5% COLA as part of their multi-year adjustments In
addition; the proposed Compensation Plan will eliminate a deferred,compensation•contribution
program and transfer that value into base salary. That value is $166.67 per month:per
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management,employee. Employees will be able to continue participation.in'the deferred
compensation programs at their own expense. The final portion of the recommendations to
increase the contribution to retiree's retirement health and welfare benefits up to''a,maximum of •
$140 per month depending upon length of service to the City of Petaluma: This.will bring
management equal to the amount currently authorized for other employee'groups in the City of
Petaluma.
3) ALTERNATIVES:
No alternatives are,Provided due to the funding limits placed for this purpose within the proposed
budget for FY 2001-02.
4) FINANCIAL IMPACTS:
The General Fund will be impacted by $44;000. These.fund§ are accounted for in the approved
FY 2001-2002 Budget.
5) .CONCLUSION:
While adoption of the Management Recommendation does not continue the Council commitment
begun in FY 1999=.2000 for equity adjustments for Managementemployees,-it does reflect
good faith effort;from the Council to provide competitive salaries and benefits for City.of
Petaluma management employees. At mid-year budget review, the City Manager will revisit
with the City Council the status of equity adjustments.
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6. OUTCOMES OR PERFORMANCE MEASUREMENTS THATWILL IDENTIFY SUCCESS OR
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COMPLETION:
The ultimate outcome that will identify the success,of this Compensation Plan will be the
successful recruitment and retention of high;caliber Department Heads.
7. RECOMMENDATION:
Adoption of the Resolution.
g:/forms/2000 Agenda Bill revised 042100
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RESOLUTION.APPROVING SALARY AND SUPPLEMENTAL WAGE BENEFITS
• FOR EMPLOYEES IN UNIT 8•(DEPARTMENT HEADS)
WHEREAS,the employees in Unit 8 are not represented by any recognized`employee
organization; and,
WHEREAS, the City Mana ger, p ursuant to Section 28, Cit y of Petaluma Charter, is
required and empowered to make a recommendation to the City Council on matters related to
employee's compensation; and
WHEREAS, the City Manager has recommended that employees in Unit 8=receive salary
and supplemental wage-benefits, •
NOW, THEREFORE,BE IT RESOLVED that the supplemental wage and benefits as
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• specified in the attachment for employees in this Unit, being in the best interest of-the?City, be
approved and shall become effective upon adoption effective July 1, 2001:through•June.30, 2002.
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CITY OF PETALUMA
CALIFORNIA
COMPENSATION PLAN FOR UNIT 8
• FISCAL YEAR 2001-2002
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TABLE OF CONTENTS •
GENERAL
Section 1. Term of Agreement
COMPENSATION
Section 2. Salary
Section 3. Compensation for Clothing Loss
Section 4. Vacation, Payment Of
Section 5. Sick Leave,:Payment Of
Section 6. Deferred Compensation
Section 7. PERS Employer Paid Contribution
Section. 8. Work During Local Emergency
Section 9. Uniform.Allowance
Section 10. Retirees Benefit Payments
Section,11. Health/Dental Care Cash Back
Section'12. Administrative Leave; Payment of
INSURANCE
Section 13. Health Insurance
Section 14. Dental Insurance
Section 15. Life Insurance •
Section 16. Long-term Disability
Section 17. Vision Insurance'
Section 18. Other.Health and Welfare Payments
LEAVES
Section 19. Vacation
Section 20. Sick Leave
Section 21. Bereavement Leave
Section 22. Holidays.
Section 23. Military Leave
Section 24. Leave Of Absence Without Pay
Section 25. Jury Leave
Section 26. Administrative Leave
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Section 27. Family Medical Leave Act
Section 28. Retirement
Section 29. Sexual /Romantic Relationships
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GENERAL
• Section 1. Term of Agreement
This compensation plan shall be for a one (1)year term:for.the Fiscal Year
commencing July 1, 2001 through June 30,2002:,
COMPENSATION
Section 2. Salary
The salaries listed below:shall be effective July,9, 2001.
PRINCIPAL APPOINTIVE
CLASSES
Police Chief $8,736 $9,173 $9,632 $10,113 $10,619
Assistant City Manager: $8,428 $8,849 $9,291 $9,756 $10,244
Director of Community
Development $8,428 $8,849 $9,291 $9,756 $10,244
Director of Economic,and
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Redevelopment $8,428 $8,849 $9,291 $9,756 $10,244
Director of Finance $8,428 $8,849 $9,291 $9,756 $10,244
Director of Public Facilities and
Services 58,428 $8,8. 49 $9,291 $9,756 $10,244
Director of Water Resources and
Conservation $8,428 $8,849 $9,291 59.756 $10,244
Fire Chief $8,428 $8,849 $9,291 $9,756 $10,244
Director of the General Plan
Administration $7,431 $7,803 $8,193 $8,602 $9,032
Director of Human Resources $7,278 $7,642 $8,024. $8,425 $8,846
Director of Parks & Recreation $7,168 $7,526 S7,903 $8,298 $8,713
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Section 3. Compensation For Clothing Loss •
The City Manager is authorized to provide compensation to City employees for
loss or damage to their clothing that.occurs.during the course of carrying but an
official duty. A request for compensation hereunder shall be submitted in writing,
in detail, to the City Manager via the department head concerned. The moon-Lot
compensation if any, shall be at the discretion of the City Manager.
Section 4. Vacation, Payment
Employees who terminate employment;shall be paid in a lump sum for'all accrued
vacation leave earned prior to the effective date of termination.
B. Vacation Bank Hours, Payment of
All banked vacation hours are held in the Personnel Department. These amounts
shall be paid to the employee in the amount of 10% of the banked hours per year
overa,ten-year period at the base rate of pay,at the time of payment. Employees
leaving City service shall be paid the balance remaining atseparation. This •
payment shall be made in the month of October or November.
Section 5. Sick Leave, Payment Of
In the event of the death or retirement ofan jemployee who has completed ten (10)
or more years of continuous service with the City, the employee shall be paid;or
shall receive to his benefit fifty percent (50%) of his accumulated but unused sick
leave not-to exceed 480 hours. The employee may elect not to receive this benefit
and instead place all sick leave hours into the PERS Sick Leave Conversion.
Section 6. Deferred Compensation
A. Deferred Compensation Plan (457)
The City of Petaluma shall make available to the members of this unit the City's
Deferred Compensation Plan.
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B. Discretionary-Plan (401(a))
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Effective July 9, 2001, the current 401(a) Money Purchase Plan contribution by
the City of Petaluma will be.discontinued and an amount equal to the
payment($166.67 per month)will be transferred to the salary schedule of the
members of this Unit.
Section 7. PERS Employer Paid Contribution
The percentage of each employee's PERS contribution previously paid by the City
prior to the adoption of this Compensation.Plan as the Employer Payment of
Member Contribution (EPMC) shall instead be paid to the employee who shall
then pay that amount to PERS. For purposes of withholding, the City shall defer
that portion of the employee's contribution paid to PERS though Section
414(h)(2) of the Internal Revenue Code:pursuant to City of Petaluma Resolution
90-363. Therefore, for calculation of base salary at retirement;the employee shall
now have an increased base salary that will include the total amount of the
employee's contribution to PERS previously paid as EPMC. The City will
withhold the employee's contribution from the employeers pay, and the City will
make the employee's payment of the employee contribution directly to PERS on
• behalf of the employee_ The employee may not'make.an election to take this
amount in salary and/or to make the payment to PERS. The,tax exemption does
not apply to FICA/social.security. The following is an example of the application
of IRC 414(h)(2) as applied to,a miscellaneous employee.
An employee makes $1,000 per month base salary. Under the prior contract the
employee was not responsible for paying 7% of the required employee
contribution. The City was responsible,for paying 7% ($70.00), which was a City
responsibility that was in addition to the $1,000 base salary.
Under the 414(h)(2) method, the EPMC will revert to salary and the employee's
base salary will now be $1070. Of this 7%(approximately $75.00) will be paid to
PERS from the $1070. The full 7% will be tax exempt and this means the
employee will pay taxes on $995.00.
Section 8. Work During Local Emergency
Members of this Association who are required to work when called to an activated
EOC Local Emergency shall be paid at their regular hourly rate for all hours
beyond their normal workday.
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Section 9. Uniform Allowance •
The classifications of Police Chiefand Fire Chief shall receive $300.00 per year
as a Uniform Allowance. This amount shall be paid in December.
Section 10. Retiree Benefit Payments
An employee with twenty (20) years of service who is age,50 or older and
who retirees on a service retirement during the term of this agreement, will be
eligible for a service benefit in the amount equal to $100 less the amount
contributed,directly to the PEMCHA premium by the City. This payment will.
continue as long as the employee continues in the PEMCHA plan as a retiree.
Should the retired employee.notcontinue'in the PEMCHA plan, that retired
employee will be eligible for an amount of$100 as a direct payment as a retiree
service benefit. It is the responsibility of the"retiree-to notify the City in writing
that he/she-is notbeing covered by the:PEMCHA-plan and the City will
commence payment of the $100.00 at the beginning of the month following the
receipt of written notice'by the retiree
For employees retiring after September 1, 2000 and who meet the service •
requirements listed in paragraph 1, above,those employees shall receive an.
additional $30 per month as a retireeservice'benefit. Should'the retired employee
not continue in the PEMCHA plan,that retired employee will be eligible for an
amount of$130 as a direct payment as,a retiree service benefit. It is the
responsibility of the retiree to notify the City in writing that he/she is not being'
covered by the PEMCHA plan and the City will commence payment of the
$130.00 at the beginning of the month following the receipt of written notice by
the retiree.
For employees retiring after September 1, 2001 and who meet the service
requirements listed in paragraph 1, above,those employees shall receive an
additional $10 per month for a total,of$140 per month as a retiree service
benefit.
For those,employees retiring after September 1, 2001 and who meet the
following service requirements, those employees shall receive a pro-rated
benefit as follows:
Age 50 with: 8 Years Petaluma service: $100 per month benefit
12 Years Petaluma service: $120 per month benefit
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Section 11. Health/Dental Care Cash Back
An eligibleiemployee may request cancellation of the employee's City paid
medical and/or dental insurance coverage under Section 125 of the IRS Tax Codes
upon presentation to the City of satisfactory proof that he/she has medical and/or
dental insurance coverage from another source. Such a request may be made
during the open enrollment for PEMCHA medical elections but will be, in all
cases, subject to the terms and conditions and cancellation requirements of the
particular plan.
When the employee has demonstrated such coverage to the City's satisfaction, the
City will request cancellation of the employee's medical and/or dental coverage,
subject to the terms and.conditions of the particular policy. Upon actual
cancellation of the employees' medical coverage; and commencing on the date of
cancellation of such policy, the City will instead pay to the eligible employee, on
a monthly basis, an amount equal to 50% of the "equivalent monthly cost", as
defined herein, of insurance coverage of said employee. In determining the.
"equivalent monthly cost" of such coverage, the,City shall calculate the monthly
premium amount which would be paid by the City on the employee's behalf under
• the Health Plan of the Redwoods,plan, based on the employee's coverage level
(e.g. self, self plus spouse, self plus spouse plus children) at the time of such
cancellation. However, if the actual monthly costs of the employee's current plan
coverage is less than the inonthl/HPR cost, then the,lower figure shall be used.
In the event coverage:is'scancelled only for the employee's spouse or dependent
children, the reimbursement will be 50% of the cost,difference between the old
and new levels of coverage (as calculated using the HPR.plan).
Upon such cancellation of the employee's dental coverage, the City will instead
pay to the eligible employee, on.a monthly basis, an:amount equal to 50% of the
City's fixed monthly payroll charge for this program.
Any employee canceling coverage will be required to meet all rules and
conditions of the particular plan, including, but not limited to, all rules and.
conditions.governing.administration, cancellation, and re-enrollment eligibility by
requesting a cash payment pursuant to this section, such employee,understands
and agrees as a condition of receipt of this payment, that re-enrollment eligibility
into any plan is not guaranteed.
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Section 12: Pay for Unused Administrative Leave
The City shall pay off any unused Administrative Leavens of June 30th-to;a
maximum of 40;hours. Payment shall be at the employee's base pay rate as'of'
June 30th. This payment shall be>iiiade on the last pay-period for the.Fiscal Year.
INSURANCE
Section 13. Health Insurance
A. ACTIVE Employees
The City shall participate in the Public Employees' Medical Health Care Act
(PEMCHA) for members of this Unit The designated premium paid by the City
toward this program shall be in the amount of$100:00 per month per employee.
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B. RETIRED Employees
Employees who retire from the City of Petaluma will receive contributions.to
their medical premium while under the PEMCHA plan. This payment will
increase in the amount of$5:00 per year until it reached the amount of$100.00:as
listed in paragraph 1 above.
Section 14: Dental Program
The City shall provide for agroup Delta Dental Program for City employee and
dependents in this Unit. Additionally, the City shall contribute toward an
Orthodontia Plan $1,000 per child ata;50%u co-payment rate. The City shall pay,
during theperiod of this Compensation Plan the hill cost,toward the City•group
dental'coverage,piograni.
Sectione15. Life Insurance
A. The City,shall provide for a group term life program for City employees in
this Unit The City shall pay, during the course of the Compensation Plan, the
insurance premium towards employee only coverage for such insurance in the
principle sum of$50,000 per employee.
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• B. Management Life Insurance shall be in:the:amount of one and one-half(1-1/2)
times their annual salary rounded to The_'nearest,even dollar, i.e., $12,000,
$13,000, etc. not to exceed $125,000. -
Section 16. Long-term Disability
The City shall provide fora long-term disability plan. The City will pay this
premium.
Section 17. Vision Program
The City shall provide a Vision Plan for employees and dependents. The City
shall pay for premium increases during the term of this Compensation Plan.
Section 18. Other Health and Welfare Payments
The City shall provide to the active members of Unit 8 additional monthly health
. • and welfare payments equal the PEMCHA Health Plan of the Redwoods premium
amounts less $100.00.
LEAVES
Section 19. Vacation
A. Amounts. All regular employees of the.City of Petaluma,after working one
full year are entitled to the equivalent of eighty (80).hours of vacation with
pay in the year following the year in which Vacation is earned.
All regular employees of the City of Petaluma, after five (5) years of
continuous service with the City, and beginning with the sixth year, shall be
entitled to the equivalent of one hundred twenty (120) hoursof 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.
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B. Scheduling. The times during a calendar year in which an employee •
may take his/her vacation shall be determined by the department head 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 betaken during the following calendar year
C. BankeddHours. Hours that are banked:under Section "Vacation, Payment of'
may be used upon submittal of a memo to the Personnel Department for
Vacation purposes. These hours shall be deducted from the existing bank.
D. Vacation Adjustment. Employees who are granted time off for.scheduled
holidays shall not have such holidays charged as vacation leave when the
vacation leave and holiday(s) coincide. •
E. Accrual Limits. Vacation accruals shall be capped at three (3) times the
amount listed in paragraphs A.
Section 20. Sick Leave
A. General
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Sick leave with pay shall be granted to all employees as set forth in.this',section:
Sick leave is not a right, which:amemployeemay use at his discretion, but rather,
shall be used, only in cases of personal illness, disability or the serious illness•or
injury of an,employee's family member, which,requires the employee's,attention.
The term family member shall include: spouse, children, parents, spouse's parents,.
brothers, sisters, or other individuals whose relationship to the employee is that of
a dependent or near dependent.
B. Accrual
Sick leave shall:accrue;to all full-time employees:at the rate of eight (8) hours for
each month of continuous service. No employee shall accumulate more sick leave
in any year than provided.
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• C. Relationship To Workers' Compensation
Benefits shall be payable inrsituations where;miscellaneous employee's absence is
due to industrial injury as provided in California State Workers' Compensation
Law. During the first three (3) workdays when the employee's absence from work
has been occasioned by injury during his/her employment and he/she
receives Workers'Compensation, he/she shall teceive?full.pay. Following this
period, sick leave may be a,supplementto the Workers' Compensation benefits
provided the employee: Conipensatiof+is at his/her regular rate for a period not to
exceed six months, or•until 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.
All public safety employees,receiving full salaries in lieu of temporary disability
payments pursuant to Section 4850 of the Labor Code are entitled to accumulate
sick leave during such periods of 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 Memorandum of Understanding.
D. Sick Leave.Transfer Policy
An employee wishing to donate hours of sick.leave•to another employee may do
so by sending a written request, approved by his/her department head, to the
Personnel Office naming the individual to receive the sick leave and the amount
donated, with the following restrictions:
1. Employees who wish to transfer sick leave must retain a minimum of
one-hundred-sixty (160) hours of sick leave to be eligible to transfer
sick leave.
2. All such transfers of sick leave are irrevocable.
3. The employee receiving the sick leave transfer must have zero (0) hours
of accrued sick leave, vacation and CTA leave on the books.
4. Employees may not buy or sell sick leave. Only the time may be
transferred.
5. Employees may not transfer sick leave upon separation of service.
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6. Sick Leave Transfer shall be allowed between all Units.
7. No more than ninety (90) workdays of Sick Leave may be received by •
an employee for any one illness or injury.
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Section'21. Bereavement Leave
In the event the death of an employee's spouse, mother, step-mother,
mother-in-law„father, step-father,;father-in-law,brother, sister, child, including an
adopted child,:grandchild and grandparent, or domestic partner as registered with
the City Clerks Office, an employee who attends the funeral shall be granted time
off work with pay. The amount Of tinie off work:With pay shall be only that
. which is required to attend the funeral and make,necessary funeral arrangements,
but:in no event shall it exceed three (3) working days. These three (3) days shall
not be chargeable to sick leave. An,additional two (2) days required for necessary
funeral arrangements may be;charged to the employee's sick leave and any
additional time beyond these two•days may be charged,to accumulated vacation or
leave'withoui pay. Such bereavement leave shall not be accruable from fiscal
year to fiscal year, nor shall it have any monetary value if unused.
Section 22. Holidays •
A. Fixed•Holidays: •
The City shall observe twelve (12) fixed-date holidays. These holidays:shalt be
established for the City's fiscal'year as determined by City Council resolution
The Holidays for FY 2000 / 2001 and 2001 /2002 areas follows:
Independence Day
Labor Day
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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
Holidays will be adopted annually by resolution of the City Council.
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• B. Floating Holidays.
During the Fiscal Year the City will authorize one (1)""Floating.Holiday" per
employee, which may be taken by employee at a time selected by the
employee, subject touoperational.requirements,and.approval determined by the
City. Employees hired between July 1, and December 31, will be eligible for a
"Floating Holiday" during the course of the Fiscal Year.
Section 23. Military Leave
Military leave shall.be arranged in accordance with the provisions of State Law.
All employees entitled to military leave shall give the appointing power an
opportunity within"the,limits of military regulations to determine when such leave
shall be taken.
Section 24. Leave Of Absence Without Pay
The City Manager may grant-a regular or probationary employee leave of absence
without pay pursuant to the State and Federal Law. Good cause being shown by a
• written request, the City Manager may extend the 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 25. =Jury Leave
Every classified employee of the City who is called or required to serve as a trial
juror shall be.entitled.to;absent himself from his duties with the City during the
period of such service:or while necessarily being present in court as a result of
such call. Under such;circumstances, the employee shall be paid the difference
between his:full,salary and any payment received by him, except travel pay, for
such duty. This compensation shall not extend beyond twenty (20) working days.
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Section 26 Administrative Leave •
Members of this Unit are eligible for administrative leave. Days may be?granted
by the City Manager upon written request,not to exceed eighty (80) hours-per
Fiscal Year.
Section 27. Family Medical Leave Act
Pursuant to the Family and Medical Leave Act of 1993, FMLA leaveanay be
granted to an employee who has been employed for at least twelve (12) months by
the City and who has provided at.least.1,250 hours of service during thetwelve
(12) months before the leave is requested. The leave may be granted up;to a`total
of twelve (12) weeks for the following reasons:
A. Because of the birth of a child or placement for adoption or foster
care of a child:
B. In order to care for the spouse, son, daughter, parent,or one who
stood in place of a parent of the employee, if such spouse, son,
daughter, parent, or in loco parentis" has a serious'health
condition; •
C. Because of.a serious health condition that makes`the employee
unable to perform his employment functions.
The employee must provide the employer with thirty(30) days advance notice of
the leave, or such,notice as is practicable, if thirty (30 days notice is not possible.
The employee must provide the employer with,certification of the condition from
a health care provider: The employer, at employer expense, may require asecond
opinion on the validity of the certification. Should a conflict arise between health
providers, a'third and binding opinion, at employer expense will be sought.
An employee seeking FMLA leave must first use,paid sick time (if applicable)
and vacation before going on unpaid leave. The total amount of family leave paid
and,unpaid will not exceed a total of twelve (12) weeks. In any casein which a
husband and wife entitled to family leaverare:bothemployed by the employer, the
aggregate number of workweeks'of leave to which.both may be entitled may be
limited to twelve (12) weeks if such leave is taken because of the birth of a child
or placement for adoption or foster care of a child. The employee will be
responsible for his share of the health insurance cost during the leave. If the
•
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• employee does not return from the leave, he is responsible for the total insurance
premium paid by the employer.
OTHER
Section.28. Retirement
The City of Petaluma's retirement plan under the Public Employees' Retirement
System shall consist,ofthe following items:
Options: Miscellaneous
2% @ 55
1959 Survivors Benefit(Level 3)
One-Year Final Compensation
Unused Sick Leave Credit
Military Service Credit as Public Service
Options: Fire
• 3% @ 50 Local Public Safety
1959 Survivors Benefit(Level 4) Section 21382.4
One Year Final Compensation
Unused Sick Leave Credit •
Military Service Credit as Public Service (Section 20930.3)
Post Retirement:Survivors Allowance (Sections 21263, 21263.1 and
21263.3)
Options: Police
3% @ 50-Local Public,Safety
1959 Survivors Benefit(Level 4)
One-Year Final'.Compensation
Unused Sick Leave Credit
•
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Section,29. Romantic /Sexual Relationships •
PURPOSE
1. To establish policy to prevent a conflict to interest or adverse impact on
supervision, productivity, safety, or security when supervisors,:managers, and co-
workers engage.in romantic / sexual relationships.
SCOPE
1. This policy addresses romantic and/or sexual relationships between
supervisors/managers and employees where the supervisor/manager may evaluate
the employee's work performance, provide recommendations flit- Merit increases,
determine job assignments, provide promotional opportunities,:issue discipline or
provide development or economic opportunities such as>training or overtime.
2. This policy addresses romantic and/or sexual relationships between any two
employees where it creates an adverse effect on productivity,•safety,or security or •
involves a conflict of interest.
ak
PROCEDURES
1. Supervisors and Managers
Romantic and/or sexual relationships are not allowed between a
supervisor/manager and employee while the employee is subject to the
supervisor's/manager's influence. The, City Manager is responsible for taking.
appropriate action in these situations'when they occur.
a. Should a supervisor/manager'develop a romantic. or sexual relationship with
an employee under his/her influence, it is the supervisor's/manager's
responsibility to inform the department head of the relationship.
b. Where possible, the department head shall transfer the manager/supervisor,
from the position of influence over the other party to the relationship. If this
is not feasible, other appropriate arrangements will be made.
c. One party.to a relationship will not be placed under the influence of the other
• party to the relationship.
•,
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• 2. Co-Workers
When a.romantic and/or sexual relationship between co-workers creates an adverse
effect on productivity, safety, or security, or involves an identifiable conflict of
interest that may detrimentally impact operations, the department head has the
responsibility to correct the adverse effects and has the right to transfer one or both
parties to different work Units in the same department or to recommend to the City
Manager transfer of one or both parties to positions in other City departments.
RESPONSIBILITY
Each manager and supervisor is responsible for implementing this policy within his or her
area of responsibility. •
APPROVED:
•
Frederick C. Stouder June 25, 2001
City Manager
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