HomeMy WebLinkAboutResolution 2003-236 N.C.S. 12/01/2003Resolution No.2003-236N.C.S.
of the City of Petaluma, California
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, Local 675, through its duly authorized
representatives, have concluded their mutual obligation to meet and confer in good faith with
respect to terms and conditions of employment for the employees in 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 the American Federation
of State; County, and Municipal Employees, 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,
and as the City's Municipal Employees' Relations Officer (Resolution No. 5375 N.C.S.) is
required and empowered to make a recommendation to the City Council on matters related to
employees' compensation; and,
WHEREAS, the City Manager has reviewed and concurs with said Memorandum of
Understanding for Units 1, 2, and 3 and does recommend that the City Council ratify said
Memorandum of Understanding.
Resolution No. 2003-236 N.C.S.
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 as Attachment A) shall be effective July 1, 2003
through June 30, 2004, with salary adjustments effective July 7, 2003.
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) (Adjourned) (Special) meeting for
on the .........lit day of ........December ~ Zp 03~ by the
............................ ......
......... ~ ...... y........
following vote:
Ci Attorne
AYES: Canevaro, Mayor Glass, Harris, Healy, Vice Mayor O'Brien, Torliatt
NOES: Moynihan
ABSENT: None ~
ATTEST: .... .. ........... ....................................................... .............:............................................................................
City Clerk Mayor
Council File ...
20173-Z3~ ...............
Res. Nn ...................................N.C.S.
ATTACHMENT A
Unit 1 (Confidential), Unit 2 (Maintenance), Unit 3 (Clerical/Technical)
Memorandum of Understanding
Petween A)F'SCME and The City of Petaluma
This Memorandum of Understanding is entered into pursuant to the provisions of the
Meyers-Millias-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 units, 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 recommendations of the undersigned parties for salary and employee
benefit adjustments for the period July 1, 2003 and ending June 30, 2004 with salary adjustments
effective July 7, 2003.
TERM OF AGREEMENT
This Memorandum of Understanding (MOU) shall be effective for a one (1) year term, fiscal year
commencing July 1, 2003 and ending June 30, 2004 with salary adjustment effective July 7,
2003.
SALARY
The City agrees to a general wage increase of one percent (1%) retroactive to the first pay period
of fiscal year 2003-2004. (Payperiod beginning on July 7, 2003)
RETIREE BENEFIT PAYMENT
The City agrees to insert the following grid in the Retiree Benefit Payment section to clarify the
payment schedule.
Employees with 20 years of service or more and age 50 or older:
Cale~tdar~~ear
PEI~1HCA
Contribution
~dditios~~il C'it~~
Co~ttril~~utiun
Total i~enc~t
Am~unf-
2014 $100.00 $ 0 $100.00
2013 $ 95.00 $ 5.00 $100.00
2012 $ 90.00 $ 10.00 $100.00
2011 $ 85.00 $ 15.00 $100.00
Resolution 2003-236 N.C.S. Page 3
Calendar Fear PF.;1111CA
~~
Conte~ibution ~dditionalCit~
Contribution 'lcotnl 13cnefit
Amount,
2010 $ 80.00 $ 20.00 $100.00
2009 $ 75.00 $ 25.00 $100.00
2008 $ 70.00 $ 30.00 $100.00
2007 $ 65.00 $ 35.00 $100.00
2006 $ 60.00 $ 40.00 $100.00
2005 $ 55.00 $ 45.00 $100.00
2004 $ 50.00 $ 50.00 $100.00
2003 $ 45.00 $ 55.00 $100.00
Employees Retiring after July 9, 2001 with 20 years of service or more and age 50 or older
will receive a total amount of $140.00 per month
Calendar Year E'EMIICA
Contribution Additional C'i~~
Conh~ibution Total~l3enetit
Amount_
2014 $100.00 $ 40.00 $140.00
2013 $ 95.00 $ 45.00 $140.00
2012 $ 90.00 $ 50.00 $140.00
2011 $ 85.00 $ 55.00 $140.00
2010 $ 80.00 $ 60.00 $140.00
2009 $ 75.00 $ 65.00 $140.00
2008 $ 70.00 $ 70.00 $140.00
2007 $ 65.00 $ 75.00 $140.00
2006 $ 60.00 $ 80.00 $140.00
2005 $ 55.00 $ 85.00 $140.00
2004 $ 50.00 $ 90.00 $140.00
2003 $ 45.00 $ 95.00 $140.00
MEDICAL/DEN'I'AL INSURANCE
The City agrees to continue to fund the health care benefit up to the full family premium rate of
Kaiser through December 31, 2003. On January 1, 2004, the City will provide the health care
benefit up to a maximum of $ 896.09 per month. Some language revised to clarify program.
The City shall provide the following amounts to active members of this Unit a maximum
monthly insurance contribution for medical and dental coverage.
Those employees eligible for:
Resolution 2003-236 N.C.$, Page 4
Employee + 2+
Employee + 1
Employee
$ 775.95 per month
$ 620.42 per month
$ 361.21 per month
Effective January 1, 2004 the City shall provide the following amounts:
Employee + 2+ $ 896.09 per month
Employee + 1 $ 712.84 per month
Employee $ 407.42 per month
The City participates in the Public Employees Medical Health Care Act (PEMHCA) for members
of this Unit. The City contributes in the amount of $100.00 per month per employee. This
$100.00 contribution is included in the insurance contributions cited above.
MEDICAL/DENTAL CASH BACK
Language revised and amounts adjusted to reflect the new medical insurance rates.
An eligible employee may request cancellation of the employee's City paid medical and/or dental
insurance coverage. Once the employee provides adequate proof that he/she has medical and/or
dental coverage from. another source, it will be processed under the terms and conditions and
cancellation requirements of their particular plan. The City will process the cancellation,
effective the first day of the month following the effective date of cancellation.
The cash back is based on what the employee's coverage level would have normally been (i.e.,
employee, employee + one dependent, employee + family) at the time of such cancellation.
However, if the employee's current health premium amount is less than the medical premium
amount listed below, the City will use the lower rate to calculate the cash back amount. The cash
back amount is paid once a month and is included in the employee's paycheck. The following
are the rates used to determine medical cash back:
Coverage lr~~~~l ~[edic<~I d're~niurn ~~~~~~ Cash Back Amount
Amount
Employee $ 259.21 $ 129.61.
Employee + dependent $ 518.42 $ 259.21
Employee + 2 or more $ 673.95 $ 336.98
dependents
Resolution 2003-236 N.C.S. Page 5
Effective January 1, 2004 the following are the rates used to determine medical cash back:
Co~cra~c I.r~cl MedicalPremium
50"~~, Gash Back Amount
+-mount
_
Employee $ 305.42 $ 152.71
Employee + dependent $ 610.84 $ 305.42
Employee + 2 or more $ 794.09 $ 397.05
dependents
If the employee declines dental coverage, the City will pay a cash back amount equal to 50% of
the City's fixed monthly rate for the dental program.
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 their prior plan and under the same terms and
conditions of their prior plan.
The dollar amounts listed above that include the "insurance contribution for medical and dental
coverage" shall be adjusted each year by the amount of the City's dental insurance contribution
rate.
Unit 1 and Unit 3 Only -COMPENSATORY TIME OFF
The City agrees to increase compensatory time limit to eighty (80) hours from forty (40) hours.
Includes some minor language revision.
Employees may accrue compensatory time, in lieu of being paid for overtime. Employees may
accrue up to a total of 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 time and one-half (1.5) of the regular rate of pay.
Unit 2 Only -COMPENSATORY TIME OFF
The City revised language to be consistent with the language for Units 1 and 3
Employees may accrue compensatory time in lieu of being paid for overtime. Employees may
accrue up to a total of two hundred and forty (240) hours of compensatory time per fiscal year.
Employees may retain no more than two hundred and forty (240) hours of compensatory time on
the books at any given time. Compensatory time shall be taken at a mutually agreeable time
Resolution 2003-236 N.C.S. Page 6
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 and forty (240) hour limit shall be paid at time
and one-half (1.5) of the regular rate of pay.
DISCIPLINE PROCEDURE
New revised language for this entire section.
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.
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.
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
Head with a copy to the Human Resources Department that letters of counseling which are two
(2) or more years old be destroyed. when:
1. The employee's personnel file does not contain subsequent letters of corrective action;
and,
2. There is no other current or pending corrective action at the time the employee submits
his/her request to the Department Head.
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, s/he may prepare a written response
Resolution 2003-236 N.C.S. Page 7
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. ~.
Employee Notice of Proposed Discipline
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.
Department Head Review
If the employee elects to respond to the discipline, s/he 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 Head 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 Head. Seven (7) calendar days after the employee has been provided an
opportunity to respond to the discipline, the Department Head shall issue a written notice with
his/her decision.
Appeal to the City Manager or Advisory Arbitration -Suspension Five Days or More
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 Head'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 Head'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.
City NYanager 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 2003-236 N.C.S. Page 8
Advisory Arbitration
As an alternative, the Union may elect to appeal discipline to Advisory Arbitration before
discipline is imposed.
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.
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.
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.
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.
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..
Any costs associated with the arbitration hearing shall be borne equally by the City and Union.
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.
Unit 2 only -KENNEL ATTENDANT CLASSIFICATION/COMPENSATION STUDY
The City removed this .section for Unit 2 as the study was completed and salary adjustment made
in the position.
The City of Petaluma agrees to conduct a job study of the Kennel Attendant Job Classification
with respect to compensation and duties.
Unit 2 only -SECTION 58
DRIVERS' LICENSES
Revised language to reflect the elimination of Class A and changes agreed to for a Class "B"
licenses
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.
Resolution 2003-236 N.C.S. Page 9
New Hires
All new hires, assigned to those positions listed below, will be required to have a Class "B"
license.
Current Employees
1) The City will pay the cost of the initial Medical Exam and the Application Fee for the
license.
2) An on site training will be provided prior to testing.
3) Written training materials will be provided.
4) The City will provide training videos regarding Driving and Safety Checks.
5) The City will provide a Department of Motor Vehicle approved certification process to
cover in house personnel.
6) Anew equipment is brought on line that requires a Class "B" license, this procedure will
apply.
7) The City will pay for one additional Medical and / or Driving Practical Test. should a re-
exam be necessary.
8) 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).
Inability to Qualify
Medical
For those individuals who are unable to meet the medical certification required for the
equipment, the following will apply:
1) 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
2) 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.
3) 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.
Position Adjustments
For those individuals who are unable to meet the certifications required for the written /practical
exam, the following will apply:
1) 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.
2) The City may use the current language in the MOU to effectuate a transfer to a position
where the license is not required.
Resolution 2003-236 N.C.S. Page 10
3) If 1 or 2 is not achievable, the City and the Union will meet and explore other option on
an individual basis.
4) Any dispute shall be resolved through the grievance procedure as set forth in Section 52
of the MOU.
General
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
Utility Service Worker II
Utility Service Worker III
Utility Service Leadworker
Note: As new equipment is acquired, new classes or sections maybe added.
This document represents the final and complete Agreement resulting from the Meet and Confer
sessions with the American Federation of State, County and Municipal Employees, AFSCME
LOCAL 675, for Employees of Unit 1 (Confidential), Unit 2 - (Maintenance), and Unit 3
(Clerical/Technical).
Representatives of the City and Unit 1, Unit 2, and Unit 3 acknowledge that they have fulfilled
their 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 of
Petaluma and Unit 1, Unit 2, and Unit 3, who have the approval of their members, agree to
recommend for acceptance and approval to the City Council of the City.
The parties affix their signatures as constituting mutual acceptance and recommendation
of this Memorandum of Understanding to become effective July 1, 2003 upon acceptance
and approval of the City Council.
AFSCME
Nadia Bledsoe, Business Agent
AFSCME AFL-CIO District Counci157
~~~.
Signature
Date
~~ ~ ~~~
ate
Resolution 2003-236 N.C.S.. Page 11
Signature
Signature
City of Petaluma
Date
Date
Pamala Robbins, HR Manager Date
Resolution 2003-236 N.C.S. Page 12