2008/02/12 City Council Resolution 2008-22RESOLUTION NO. 2008-22
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROHNERT PARK
APPROVING AND ADOPTING THE MEMORANDUM OF AGREEMENT FOR THE
ROHNERT PARK EMPLOYEES' ASSOCIATION (RPEA)
WHEREAS, on November 27, 2007, the City Council adopted Resolution No. 2007 -201
approving the Summary of Terms and Conditions of the Total Tentative Agreement with the
Rohnert Park Employees' Association (RPEA);
WHEREAS, the City Council directed staff to prepare a Memorandum of Agreement in
accordance with the terms and conditions of the Total Tentative Agreement;
WHEREAS, staff prepared the Memorandum of Agreement in accordance with Council
direction; and
WHEREAS, the Memorandum of Agreement has been executed by representatives of
the Rohnert Park Employees' Association (RPEA).
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Rohnert
Park that it does hereby approve and adopt the Memorandum of Agreement for the Rohnert Park
Employees' Association (RPEA).
BE IT FURTHER RESOLVED that the City Council authorizes and directs the Mayor
and City Manager to execute the Memorandum of Agreement with the Rohnert Park Employees'
Association (RPEA).
DULY AND REGULARLY ADOPTED this 12th day, of February, 2008.
ATTEST:
AVAA.A�)
ty Clerk.
CITY OF ROHNERT PARK
May r
BREEZE: NO SMITH: AYE STAFFORD: AYE VIDAK- MARTINEZ: AYE MACKENZIE: AYE
AYES: (4) NOES: (1) ABSENT: (0) ABSTAIN: (0)
MEMORANDUM OF AGREEMENT
BETWEEN
THE CITY OF ROHNERT PARK
AND THE
ROHNERT PARK EMPLOYEES' ASSOCIATION
(RPEA)
FEBRUARY 12, 2008
EFFECTIVE JULY 11 2007 - JUNE 30, 2009
TABLE OF CONTENTS
1. HOURS OF. WORK ............................................................................................................................. ..............................5
1.1
REGULAR WORKWEEK FOR EMPLOYEES ......................................................................................... ...........:..................5
1.2
REGULAR WORKDAY FOR EMPLOYEES ........................................................................................... ..............................5
2. OVERTIME /COMPENSATORY TIME .......................................................................................... ..............................5
2.1
COMPENSATION RATE ..................................................................................................................... ..............................5
2.2
MAXIMUM COMPENSATORY TIME ................................................................................................. ...............................
5
2.3
CALL BACK OVERTIME ................................................................................................................... ..............................5
2.4
EXEMPT EMPLOYEES .: ..................................................................................................................... ..............................6
3. HOLIDAYS .........................................................................:................................................................ ..............................6
3.1
OBSERVED HOLIDAYS ......................................................................................:.............................. ..............................6
3.2
PROCLAIMED HOLIDAYS ................................................................................................................. ..............................6
3.3
DAY OF MOURNING OR SPECIAL OBSERVANCE ............................................................................... ..............................7
3.4
HOLIDAYS FOR REGULAR PART -TIME EMPLOYEES .......................................................................... ..............................7
3.5
FLOATING LEAVE DAY .................................................................................................................... ..............................7
4. VACATION .......................................................................................................................................... ..............................7
4.1
SCHEDULE ...................................................................................................................................... ..............................7
4.2
MAXIMUM ACCRUAL ................................................................"""................................................ ..............................7
4.3
VACATION SELLBACK ..................................................................................................................... ..............................7
4.4
ELIGIBILITY FOR NEw HIRES ........................................................................................................... ..............................8
4.5
DISCONTINUED ACCRUAL AFTER 90 DAYS .................................................................................... ...............................
8
4.6
SEASONAL, SEASONAL PART -TIME AND TEMPORARY EMPLOYEES ................................................. ..............................8
4.7
VACATION SCHEDULING BASED UPON SENIORITY .......................................................................... ..............................8
4.8
EMPLOYEE VACATION RECORDS .................................................................................................... ..............................8
4.9
REGULAR PART -TIME EMPLOYEES .................................................................................................. ..............................8
5. MILITARY TRAINING ..................................................................................................................... ..............................8
6. FRINGE BENEFITS ...:.................................................................................................:..................... ..............................8
6.1
FRINGE BENEFIT PROGRAMS ........................................................................................................... ..............................8
6.2
SICK LEAVE BENEFITS .................................................................................................................... ..............................9
6.3
CATASTROPHIC LEAVE ................................................................................................................... .............................10
6.4
PATERNITY LEAVE ......................................................................................................................... .............................10
6.5
CALIFORNIA FAMILY RIGHTS ACT AND FAMILY MEDICAL LEAVE ACT .......................................... .............................10
6.6
LIGHT OR LIMITED DUTY ............................................................................................................... .............................10
6.7
AMERICANS WITH DISABILITIES ACT .............................................................................................. .............................10
6.8
PAYMENT TO BENEFICIARY ............................................................................................................ .............................10
6.9
HEALTH PLAN COVERAGE ............................................................................................................. .............................11
6.10
ALTERNATE BENEFIT ..................................................................................................................... .............................11
6.11
DENTAL COVERAGE ....................................................................................................................... .............................11
6.12
VISION COVERAGE .................................................................................................._....................... .............................11
6.13
ADOPTION BENEFIT ........................................................................................................................ .............................12
6.14
DEATH/BEREAVEMENT LEAVE ...................................................................................................... .............................12
6.15
FUNERAL EXPENSE BENEFIT .......................................................................................................... .............................13
6.16
LONGTERM DISABILITY INSURANCE ............................................................................................. .............................13
6.17
LIFE INSURANCE COVERAGE .......................................................................................................... .............................13
6.18
DEFERRED INCOME PROVIDERS ..................................................................................................... .............................13
6.19
RETIRED, DECEASED AND /OR PERMANENTLY AND TOTALLY DISABLED EMPLOYEES .................... .............................13
6.20
EDUCATION AND TRAINING REIMBURSEMENT ............................................................................... .............................17
6.21
LONGEVITY PAY ............................................................................................................................ .............................17
6.22
EDUCATIONAL INCENTIVE PAY ...................................................................................................... .............................17
6.23
RETIREMENT PROGRAMS ............................................................................................................... .............................18
MOA- Rohnert Park Employees' Association # July 1, 2007 through June 30, 2009 Page II
6.24 DEPENDENT CARE ASSISTANCE PROGRAM ............................................................:....................... ........................::...18
6.25 HEALTH CARE TAX -FREE DOLLAR ACCOUNT PROGRAM ............................................................... .............................19
6.26 HEARING AID BENEFIT ................................................................................................................... .............................19
7. PAYROLL DEDUCTION .................................................:................................................................ .............................19
7.1 DEDUCTION OF ASSOCIATION DUES ................................................................................................ .............................19
7.2 LISTING OF DEDUCTIONS ................................................................................................................ .............................19
7.3 PAYROLL DEDUCTION .............................................................................:........... ............................... .......... ...............19
7.4 HOLD HARMLESS ........................................................................................................................... .............................19
8. SALARIES & MISCELLANEOUS PAY ......................................................................................... .............................19
8.1
SALARY ADJUSTMENTS .....................:............................................................................................ .............................19
8.2
BILINGUAL PAY ............................................................................................................................. ............................:20
83
PAYCHECKS ................................................................................................................................... .............................20
8.4
FIsCALBUDGETARY IMPACTS ....................................................................................................... .............................20
9. ALCOHOL AND DRUGS .................................................................................................................. .............................20
9.1
ALCOHOLIC BEVERAGES, OR OTHER DRUGS ................................................................................. .............................20
9.2
OFF DUTY HOURS .......................................................................................................................... .............................20
9.3
PRESCRIPTION DRUGS .....................................:.............................................................................. .............................20
10.
SMOKING ....................................................................................................................................... .............................21
10.1
NON - SMOKING PAY PREMIUM ....................................................................................................... .............................21
10.2
NON - SMOKING STATUS .................................................................................................................. .............................21
10.3
CONDITION OF EMPLOYMENT NEW EMPLOYEES ............................................................................ .............................21
10.4
EMPLOYEES HIRED AFTER. JULY 1, 1993 ........................................................................................ .............................21
11. RESIDENCY BONUS .................................................................................................................... .............................21
12. GRIEVANCE POLICY AND PROCEDURE .............................................................................. .............................21
13. USE OF CITY FACILITIES .......................................................................................................... .............................21
13.1 USE OF SPORTS CENTER AND LAP SWIMMING PROGRAM ............................................................... .............................21
13.2 PERFORMING ARTS CENTER .......................................................................................................... .............................22
14. MANAGEMENT RIGHTS ............................................................................................................ .............................22
15. WORK CURTAILMENT (NO STRIKE CLAUSE)) .................................................................. .............................22
4
16. PERSONNEL RULES AND REGULATIONS ............................................................................ .............................22
17. RESCINDING OF PREVIOUS RESOLUTIONS /AGREEMENTS ....... ................................................................ 22
18. TERM OF AGREEMENT ............................................................................................................. .............................23
18.1 EFFECTIVE DATE ............................................................................................................................ .............................23
18.2 TERMINATION DATE ...................................................................................................................... .............................23
19. SUCCEEDING AGREEMENT ........................................................................................................... .............................23
19.1 SUSPENSION OF AGREEMENT ......................................................................................................... .............................23
19.2 REPLACEMENT ............................................................................................................................... .............................23
20. NON - DISCRIMINATION ............................................................................................................. .............................23
21. PERSONNEL FILES ...................................................................................................................... .............................23
22. EMPLOYEE PERFORMANCE EVALUATIONS ..................................................................... .............................24
MOA- Rohnert Park Employees' Association # July 1, 2007 through June 30, 2009 Page III
22.1 EMPLOYEE RESPONSE ..................................................................:.............................................. .................. .I............ 24
23. RPEA OFFICERS ........................................................................................................................ ............................... 24
APPENDIX A: ELIGIBLE EMPLOYEES RETIRING BY JUNE 30, 2008 .....................:................. .............................26
MOA- Rohnert Park Employees' Association • July 9, 2007 through June 30, 2009 Page IV
MEMORANDUM OF AGREEMENT
Pursuant to Government Code Section 35000 et. seq., the Rohnert Park Employees' Association (RPEA) and
representatives of the City of Rohnert Park have met and conferred and hereby submit their joint recommendations
for compensation and benefit adjustments for represented members of the RPEA.
1. Hours of Work
1.1 Regular Workweek for Employees
The regular workweek for all employees shall be five (5) consecutive workdays, Monday through
Friday. As may be determined from time to time by mutual agreement of an employee and his/her
supervisor, the employee may volunteer for a workweek other than defined in this section.
1.2 Regular Workday for Employees
The regular workday for employees shall consist of eight (8), nine (9), or ten (10) hours of work as
may be determined from time to time by mutual agreement of an employee and his /her supervisor.
2. Overtime /Compensatory Time
2.1 Compensation Rate.
Overtime compensation at the rate of one and one -half times the employee's regular hourly rate
shall be paid for all hours worked;
(a) In excess of forty (40) hours in any workweek.
(b) In excess of eight (8), nine (9), or ten (10) hours, as may apply in accord with Section 1.2
above, in any one - workday;
(c) On any Saturday or Sunday, or Holiday as defined by this Agreement.
2.2 Maximum Compensatory Time
A maximum of eighty (80) hours of compensatory time off may be accrued by an employee by
mutual agreement of the employee and his/her supervisor.
2.3 Call Back Overtime
Employees, other than those in exempt positions, who are called back to work after having left the
work site, shall be entitled to a minimum of two (2) hours' pay at the following overtime rates:
(a) All hours worked until midnight at time and one -half the base hourly rate.
(b) All hours worked after midnight at double time the base hourly rate.
(c) All hours worked on Thanksgiving Day, Christmas, and New Years Day shall be paid at
two (2) times the base hourly rate.
MOA- Rohnert Park Employees' Association • July 1, 2007 through June 30, 2009 Page 5
2.4 Exempt Employees
Section 2.1 shall not apply to those positions that do not receive overtime pay. These positions are
exempt under the Fair Labor Standards Act. This list is subject. to change due to position
reclassifications or the creation of new positions. Management shall meet and confer with RPEA
officers prior to making changes to this list.
Exempt employees shall receive up to ninety (90) hours of Administrative Leave per calendar year.
Any unused Administrative Leave hours on a calendar -year basis shall not be carried over. Use of
Administrative Leave is unrestricted. Up to forty (40) hours of earned, but not taken, Administrative
Leave may be paid in cash or its equivalent value applied towards an approved benefit program.
Requests for pay of this leave shall be submitted to the City Manager the first week of November
each year. Payment shall be made by December 15.
3. Holidays -
3.1 Observed Holidays
The holidays observed by the City will be:
"New Years Day", January 1, 2008 and January 1, 2009
The third Monday in January, "Martin Luther King, Jr. Day" January 21, 2008 and
January 19, 2009
Friday proceeding "President's Day," February 15, 2008 and February 13, 2009
The third Monday in February, "President's Day," February 18, 2008 and February 16,
2009
The last Monday in May, "Memorial Day," May 26, 2008 and May 25, 2009
"Independence Day," July 4, 2007 and July 4, 2008
The first Monday in September, "Labor Day," September 3, 2007 and September 1,
2008
"State Admission Day," September 10, 2007 and September 9, 2008
The second Monday in October, "Columbus Day," October 8, 2007 and October 13,
2008
"Veteran's Day," November 12, 2007 and November 11, 2008
The fourth Thursday in November, "Thanksgiving Day," November 22, 2007 and
November 27, 2008
Day after "Thanksgiving," November 23, 2007 and November 28, 2008
12:00 Noon to 5:00 p.m. on December 24, 2007 and December 24, 2008
"Christmas Day," December 25, 2007 and December 25, 2008
3.2 Proclaimed Holidays
Every day proclaimed by the President, Governor or Mayor of the City as a public holiday and
made applicable to City employees
MOA- Rohnert Park Employees' Association # July 1, 2007 through June 30, 2009 Page 6
4.
3.3 Day of Mourning or Special Observance
Each day that the Governor declares a day of mouming or special observance as a holiday for
State employees if the declaration makes it applicable to City employees.
3.4 Holidays for Regular Part-time Employees
If a scheduled or observed holiday falls on a regularly scheduled day off of a part -time employee,
the part -time employee shall be entitled to the prorated number of holiday hours, which may be
taken as time off in the pay period in which the holiday falls.
3.5 Floating Leave Day
In each year of this agreement, employees will receive two (2) floating leave days, equivalent to
sixteen (16) hours (pro -rated for less than full -time employees). These leave days have no cash
value, and must be used during the fiscal year they are credited. Effective upon adoption of this
MOA by the City Council, each employee will have sixteen (16) hours credited, to be used by June
30, 2008. An additional sixteen (16) hours will be credited, to be used by June 30, 2009. This
section will sunset June 30, 2009 and be deleted from the successor Memorandum of Agreement.
Vacation
4.1 Schedule
That the following vacation schedule is in effect:
Years of Service
Month
Annual
Inclusive
Vacation Rate
Vacation Hours
Up to 2 years
8.667 hours
104
3 to 5 years
10.000 hours
120
6 to 10 years
12.000 hours
144
11 to 15 years
14.000 hours
168
Over 15 years
15.333 hours
184
4.2 Maximum Accrual
Vacation may be accumulated to a maximum of fifty (50) days (i.e. 400 hours).
4.3 Vacation Sellback
Employees shall have the option to sell back to the City up to forty (40) hours of vacation time. The
rate of the sell back shall be the employee's current and regular salary as of November 1 of each
given year. The sell back shall occur during the pay period that includes November 1. To qualify
for vacation sell back, employees must have accrued at least eighty (80) hours of vacation time as
of November 1 of each given year and must have used a minimum of eighty (80) hours of vacation
time within the twelve (12) months prior to November 1 of each given year.
MOA- Rohnert.Park Employees' Association # July 1, 2007 through June 30, 2009 Page 7
4.4 Eligibility for New Hires
Employees must work a minimum of six (6) months before any vacation earned will be credited to
said employee.
4.5 Discontinued Accrual After 90 Days
Vacation benefits shall be earned and accrued to employees who are actively working or are
taking leave due to an approved City program or benefit. Vacation benefits do not accrue to
employees on absences from work for over ninety (90) consecutive days whereas the employees
become eligible for the City's long -term disability program for either industrial or non - industrial
injury or sickness.
4.6 Seasonal, Seasonal Part- time.and Temporary Employees
Seasonal; seasonal part -time and temporary employees shall not accrue vacation benefits.
4.7 Vacation Scheduling Based Upon Seniority
Vacation scheduling will be on the basis of seniority within classification as has been past practice.
4.8 Employee Vacation Records
Employee vacation records, i.e. accrual and use, are maintained in the Payroll Department and are
open to employees either in person or via the telephone.
4.9 Regular Part-time Employees
Regular Part -time Employees' fringe benefits shall be as provided in City Council Resolution No.
80 -140, adopted August 11, 1980, a copy of which is attached hereto.
5. Military Training
The City grants military leave to all employees for service in a uniformed service in accord with the
Military and Veterans' Code of California and City Resolutions No. 2003 -71. The employee must
notify his/her supervisor of upcoming military duty as soon as he /she becomes aware of his /her
obligation. An eligible employee pursuant to the Military and Veterans Code who is ordered to
active military duty or training shall receive the difference in pay between his /her regular pay and
his/her military pay. In addition, the employee shall have continued benefits. In such cases, the
employee shall submit his/her military earning statement to the Human Resources Department to
assist in calculating the employee's salary. In no event, will the employee be compensated in
excess of his /her normal City salary. Employees will receive any merit and /or general salary
increased for which they become eligible during military leave.
6. Fringe Benefits
6.1 Fringe Benefit Programs
City reserves the right to select the insurance carrier(s) or to self - administer any of the fringe
benefit programs provided during the term of this agreement. In the event that any offered health
plan is no longer offered, the City agrees to provide a suitable replacement health plan that is
substantially comparable and agrees to meet and confer regarding same.
MOA- Rohneit Park Employees' Association . July 1, 2007 through June 30, 2009 Page 8
All benefits provided under this section (Section 6) are subject to the characteristics of each
individual benefit program.
The value or availability of the benefits provided in this Agreement as originally worded or as
amended from time -to -time may depend on their tax treatment by the State or Federal government
or the decisions of other government agencies or departments; such as, but not limited to, the
Public Employees' Retirement System. The City will endeavor to obtain the most favorable
treatment legally possible from these other governmental entities. However, the City makes no
representation concerning the value of such benefits to unit members or how they will be taxed or
otherwise treated by other agencies or departments. The City's obligations under this Agreement
are limited to the direct cost of providing the salary and benefits as described in this Agreement.
The City shall have no additional financial obligation, even if the tax or other treatment of such
salary or benefits by other agencies or departments reduces or eliminates their value to the
employee.
(a) The City will continue all employee benefits and pay the appropriate premiums, as
specified in the applicable section(s) of this agreement, due for an employee out on an
authorized leave while an employee is being compensated by vacation accrued time,
compensatory time, industrial sick leave time and /or non - industrial sick leave time.
(b) Employee may continue certain employee benefits during an authorized leave without pay
-- - - -- - for-tt��perrod- of- tWautt-oT[zedteave by making payment to City for said bene- fits
- - --
(c) If there is any inconsistency between this section and the Personnel Rules and
Regulations, the Personnel Rules and Regulations shall govern.
6.2 Sick Leave Benefits
(a) Sick leave benefits for regular employees hired before July 1, 1993 shall be as provided in
the City's most current "Disability Wage Plan ", a copy of which is attached hereto. Each
employee covered by this Agreement shall be provided a copy of the aforementioned
"Disability Wage Plan."
(b) For regular employees hired after July 1, 1993, the following sick leave program will be
provided:
Sick Leave Accumulation
Each employee shall earn and may accumulate sick leave as follows:
Hours Earned Hours Earned Maximum Hours
Monthly Annually of Accumulation
8 96 1,200
MOA- Rohnert Park Employees' Association . July 1, 2007 through June 30, 2009 Page 9
(c) Any employee hired before July 1, 1993, may. voluntarily elect to participate in the sick
leave program as provided in Section 6.2 (b) above with the following conditions:
1. That employee may convert only any unused full -time sick leave balance from the
Disability Wage Plan Sick Leave Program as provided in Section 6.2 (a) above.
Employees may convert up to a maximum of 1,200 hours. Any unused half -pay
benefits will be forfeited and not subject to conversion under this section.
2. Once an employee voluntarily elects to participate in this sick leave program,
he /she shall remain in same with no return privileges.
6.3 Catastrophic Leave
Leave benefits shall be provided as outlined in the Amended Catastrophic Leave Program, a copy
of which is attached hereto, approved by City Council Resolution No. 2001 -270 adopted
December 11, 2001.
6.4 Paternity Leave
Regular employees may use up to three (3) days accrued sick leave for paternity leave, following
the birth of a child.
6.5 California Family Rights Act and Family Medical Leave Act
Employees may request an unpaid leave -of- absence under the California Family Rights Act
(CFRA) and/or the Federal Family Medical Leave Act (FMLA). Requests for family and medical
leave shall comply with the requirements of the CFRA and /or the FMLA.
6.6 Light or Limited Duty
Employees injured or ill from either on -the -job (industrial) or off -the: job (non - industrial) causes
may, at the City's sole discretion, be assigned to light, limited, or modified duty. Such assignments
may be temporary or permanent. They may involve duties that differ from the normal work duties
of the employee. Such light, limited, or modified duty shall terminate when the employee is
physically able to perform all his/her normal work duties.
6.7 Americans with Disabilities Act
The City and RPEA recognize that the City has an obligation under law to comply with the
Americans with Disabilities Act (ADA).
6.8 Payment to Beneficiary
Upon death of an employee, any unused vacation and compensatory time shall be paid to the
employee's surviving spouse or beneficiary. In the absence of a spouse or beneficiary, any unused
vacation and compensatory time shall be paid to the primary beneficiary specified by the employee
on the employee's enrollment/beneficiary card for City- provided Life Insurance.
MOA- Rohnert Park Employees' Association # July 1, 2007 through June 30, 2009 Page 10
6.9 Health Plan Coverage
Employees will have a choice of Kaiser Foundation Health Plan, Inc., California North Region (S
Coverage); or Blue Cross Prudent Buyer Plan or any other appropriate health plan offered by the
City.
(a) Effective December 1, 2007 the City agrees to contribute towards medical insurance
premiums an amount equal to 85% of the Kaiser Foundation Health Plan, Inc., California
North Region (S Coverage - $20 Co -Pay) at the employee's enrollment level. Effective
July 1, 2008 the City agrees to contribute towards medical insurance premiums an amount
equal to 80% of the lowest cost health plan at the employee's enrollment level.
(b) As a result of any Federal or State law enacted subsequent to the effective date of this
Agreement, the City and RPEA agree to meet and confer in an effort to maintain the level
of benefits as provided for in this Agreement.
6.10 Alternate Benefit
Eligible employees may receive an alternate benefit of $350.00 per month when having health
insurance from a source other than the City. This benefit shall be provided as outlined in City
Council Resolution No. 2007 -178, adopted October 23, 2007.
6.11 Dental Coverage
The City shall provide, at no premium cost to employees, dental service coverage for employees,
spouses, domestic partners, and dependents. The plan offered by the City shall be the Delta
Dental Preferred Option Plan, which for the most part, but with some exceptions, provides the
following coverage:
(a) One hundred percent (100 %) of the cost of diagnostic and preventative care.
(b) Eighty -five percent (85 %) of the cost of basic dental services.
(c) Eighty -five percent (85 %) of the cost of crowns and restorations.
(d) Fifty percent (50 %) of the cost of prosthodontics.
(e) Two thousand dollar ($2,000) maximum benefit for dental services per person per year.
(fl Fifty percent (50 %) of the cost of orthodontics with a three thousand five hundred dollar
($3,500) lifetime maximum benefit per person.
6.12 Vision Coverage
The City will provide, at no premium cost to employees, a 12/12112 Vision Service Plan with
supplemental coverages for the employee, employee's spouse, domestic partner, and dependents
as generally follows:
MOA- Rohnert Park Employees' Association # July 9, 2007 through June 30, 2009 Page 11
(a) A vision exam every twelve (12) months.
(b) Prescription glasses consisting of lenses and frames every twelve (12) months. Lenses
include single vision, lined bifocal, lines trifocal, tints and photochromic lenses. Frames of
the employee's choice will be provided up to a maximum of one hundred'and twenty
dollars ($120). Employee will receive a twenty percent (20 %) discount on any out -of-
pocket costs incurred for frames.
(c) In lieu of glasses, contacts with an allowance of one hundred and five dollars ($105). The
allowance applies to the cost of contact lenses and the fitting and evaluation exam. The
exam is in addition to the vision exam.
(d) A second pair of prescription glasses or contact lenses every twelve (12) months subject
to a twenty dollar ($20) copay.
(e) Contact lenses, in addition to glasses, every twelve (12) months subject to a fifty dollar
($50) copay. One day disposable contacts are covered up to a four hundred dollar ($400)
maximum allowance.
(f) Primary Eye Care with urgent or non- surgical eye care benefits subject to a five- dollar ($5)
copay per office vision. Examples of primary eye care include, but are not limited to,
exams to diagnose pain in the eye, exams to monitor the progress of pre - surgical
cataracts, diagnosis and tests for loss of vision, and treatment and management of
glaucoma.
(g) Laser surgery discount (PRK, Lasix/Custom Lasik).
6.13 Adoption Benefit
That the City provides a six hundred dollar ($600) per child cash benefit to employees adopting
minor children to help offset the cost of adoptions. This cash benefit does not include the cost of
adopting stepchildren, i.e. children of present spouse.
6.14 Death /Bereavement Leave
(a) A regular employee shall be paid up to three (3) days of bereavement leave when there is
a death in their immediate family.
(b) . Additionally, a regular employee may, subject to approval of the supervisor, use two (2)
additional days of the employee's accrued sick leave if the employee must travel out of the
area, i.e. at least two hundred and fifty (250) miles one way.
(c) Immediate family in this case means: spouse, father, father -in -law, mother, mother -in -law,
brother, brother -in -law, sister, sister -in -law, child (including stepchildren), stepparents,
aunts, uncles, grandparents, grandparent -in -law, grandchildren and relationships in
loco- parentis and close personal relationships, with the approval of the City Manager or
his/her designee.
MOA- Rohnert Park Employees' Association ♦ July 1, 2007 through June 30, 2009 Page 12
6.15 Funeral Expense Benefit
City will provide fifty percent (50 %) co- payment, not to exceed. two thousand dollars ($2,000), for
funeral expenses for an employee or their spouse only. This funeral benefit will be considered
secondary to and shall be coordinated with any and all other funeral benefits that may be payable
to employee or spouse.
6.16 Long -Term Disability Insurance
The City shall provide, at no premium cost to employees, long -term disability income protection
insurance coverage. The basic benefit shall be sixty six and two thirds percent (66 2/3 %) of the
employee's monthly base pay with a maximum benefit of five thousand and thirty three dollars
($5,333). In no event shall the employee receive more than full salary. The benefits provided
under this section are subject to the characteristics of the individual program.
(a) The waiting period for the above long -term disability benefits plan shall be ninety (90)
days.
6.17 Life Insurance Coverage
(a) The City will provide, at no premium cost to employees, fifty thousand dollars ($50,000) life
insurance coverage provided to employees and one thousand dollars ($1,000) for
dependents, and which coverage includes accidental death and dismemberment benefits.
(b) The City will allow, subject to the insurance carrier's approval, any employee to purchase,
.at his or her own cost, additional life insurance coverage under the City's group program.
6.18 Deferred Income Providers
The City will continue to make available to the employees a deferred income program, now being
administered by National Deferred and - ICMA or a similar program with another institution
acceptable to City.
6.19 Retired, Deceased and /or Permanently and Totally Disabled Employees
The City agrees to provide /offer and pay the appropriate premium(s), as specified in the applicable
section(s) of this agreement, for City offered /provided medical insurance, life insurance, dental
program, and vision care benefits only to the following:
(a) To regular full -time and regular part -time employees who have at least ten (10) years of
continuous service with the City and who retire upon reaching retirement age or thereafter
and are receiving a retirement allowance from CalPERS. Coverage will extend to eligible
dependents. Said employees shall be referred to as "Retired Employees."
(b) To regular full -time or regular part -time employees who:
1. Have at least ten (10) years of continuous service with the City, and;
MOA- Rohnert Park Employees' Association • July 1, 2007 through June 30, 2009 Page 13
2. Are. retired forthwith from the City of.Rohnert.Park service into CalPERS at the
time of permanent or total disability, and;
3. Are permanently and totally disabled from their occupation and unable to perform
with reasonable continuity the material duties of their own occupation.
After. twenty -four (24). months if gainful employment is obtained in an occupation in
which the material duties are reasonably fitted by education, training, experience
and compensation to the occupation at the time of disability, the employee shall
no longer be considered permanently and totally disabled from their occupation.
In such circumstances, benefits shall be discontinued.
4. Said employees shall be referred to as °Retired. Employees" except for the
circumstance noted above in which the employee is no longer permanently and
total disabled. Coverage will extend to eligible spouse, domestic partner, and
dependents.
(c) To, the surviving spouse, domestic partner, and legal dependents of a regular full -time or
regular part -time employee who died while a City employee after ten (10) or more years of
continuous service with the City. Said employee shall be referred to as a "Deceased
Employee."
(d) Benefits provided under this section shall be coordinated with Medi -Care, Medi -Cal, and
any other welfare program available of which said benefit coverage shall be considered
primary and City provided coverage in turn considered secondary.
(e) All benefits provided under this section are subject to the characteristics of each individual
benefit program. The life insurance to be provided will be the life insurance plan amount in
effect and in accordance with the provisions of the life insurance program as of the date of
employee's retirement.
(f) The benefits provided under this section will continue for such retired employees and their
spouse, domestic partner, and legal dependents, if any, while said retired employee is
alive. In the event of the retired employee's death, coverage will continue for the spouse
or domestic partners until the spouse or domestic partner dies or remarries. In addition,
the benefits provided under this section will continue for said retired or deceased
employee's legal dependent children who qualify as an Internal Revenue Service
dependent until said children reach the age of twenty -three (23) or the spouse or domestic
partner marries, whichever occurs earliest.
(g) For regular City employees hired before July 1, 1993, City agrees to pay the highest level
of benefit provided for active employees for City provided /offered medical insurance; life
insurance, dental program, and vision care benefits only for retired City employees and
their spouse /domestic partner or one dependent.
MOA- Rohnert Park Employees' Association • July 1, 2007 through June 30, 2009 Page 14
(h) For regular City employees hired between July 1, 1993 and June 30, 2007 the City agrees
to pay towards premium cost(s) for City provided /offered medical insurance, life insurance,
dental program, and vision care benefits only for retired City employees and their
spouse /domestic partner or one dependent as follows:
Employees with less than 15 consecutive years of service with the City receive no medical
benefits at retirement.
Employees with at least 15 years but less than 20 consecutive years of service with the
City are eligible for 50% of the amount received by active employees for the selected plan.
(For example, if the health plan cost is $1,000 and the active employee is eligible for a City
share of 80 %, or $800, the retiree is eligible for a City share of 50% of the 80 %, or $400).
Employees with at least 20 years but less than 25 consecutive years of service with the
City are eligible for 75% of the amount received by active employees for the selected plan.
Employees with 25 or more consecutive years of service with the City are eligible for 100%
of the amount received by active employees for the selected plan.
Calculation of premium will be prorated for permanent part -time employees.
Employees must retire concurrent with termination of service with the City to be eligible for
this benefit (no vesting).
The City's share of the premium costs for all retirement benefits as described herein shall
not exceed employee plus one dependent, and shall not include payment of Medicare B
premiums.
All active regular employees will be provided with an opportunity to "opt our of the retiree
defined benefit program by June 30, 2008 and in lieu of all other City retiree medical
programs move to the defined contribution program, as defined in (i) below. The
contribution will begin the month following an employee's election to opt out, Le: on a
prospective basis only. An employee's election to opt out shall be irrevocable.
Employees opting out will receive $75.00 per month while in paid status, pro -rated
accordingly for part -time employees. The contribution shall begin in the first full calendar
month following the date of one's election to opt out.
(i) Regular City employees hired following the adoption of this MOA by the City Council shall
be eligible for the benefits described below (in lieu of the benefits described in (g) and (h)
above):
The City will contribute $75.00. per month for active employees in paid status to a Retiree
Health Savings Account (RHSA).
MOA-Rohnert Park Employees' Association • July 1, 2007 through June 30, 2009 Page 15
The City's contribution to an employee's RHSA shall be considered vested as to an
employee terminating City employment with ten (10) or more consecutive years of City
service.
Calculation of contribution will be prorated for permanent part -time employees..
(j) Employees eligible to retire on or before June 30, 2008 shall be eligible to retire under the
retiree medical benefits they were vested under as of November 30, 2007, as described in
Appendix A. The purpose of this section is to allow employees an adequate period of time
to make retirement decisions and to provide for a measured transition of the City's
workforce. Prior to retirement, the employee will receive the same health benefits as
active employees.
(k) Current employees who, as of November 30, 2007 have ten or more years of full-time.
service with the City, but do not take advantage of the "grace period" as described above,
may elect at the time of retirement in lieu of retirement medical benefits a $25,000 trust,
held by the City, that may be accessed on a reimbursement basis for monthly medical
premiums. Monthly medical premiums shall not exceed the dollar value of the premium
had the employee elected to retire under the City's retiree medical. This provision shall
expire June 30, 2009.
(1) Employees retiring during the term of this Agreement may elect cash -in -lieu of the retiree
medical. The monthly amount the retiree is eligible for shall not exceed the dollar value of
the retiree medical plan to which they would be entitled, and in no event shall exceed
$350.00 per month. This provision shall expire June 30, 2009.
(m) Continuous City service is defined as being continuous regular full -time or regular
part -time City employment only for calculating length of continuous service under this
section. Part -time (non- benefited) employment and approved unpaid leaves will not be
used in calculating length of continuous service under-this section. Any separation from
City employment will void any previous accrual towards length of continuous service for
purposes of this section, unless, otherwise waived by the City Manager and due to
extenuating circumstances. Layoffs with subsequent restoration and approved City paid or
unpaid leaves do not constitute separation from City service for the purpose of this
section.
(n) Any retired employee who, after retirement from the City, becomes employed elsewhere
and is covered by medical, life insurance, health, dental or vision care benefits by his/her
new employer, said coverage provided by the City to the retired employee will be
considered secondary to the coverage provided by his/her new employer, his /her new
employer's coverage shall be considered primary.
(o) Any spouse or domestic partner of a deceased employee or deceased retired employee
who is receiving benefit coverage as provided under this section, becomes employed and
MOA- Rohnert Park Employees' Association • July 1, 2007 through June 30, 2009 Page 16
is covered by medical, health, dental or vision care benefits by his /her employer, said
coverage provided by City will be considered secondary to the coverage provided by the
spouse's or domestic partner's employer, and his /her employer's coverage shall be
considered. primary.
6.20 Education and Training Reimbursement
The City will provide an education and training assistance program to provide reimbursement to
employees for tuition and book costs only for attending and completing, with a satisfactory grade
(C or better), courses in the adult high school program, at Santa Rosa Junior College, at Sonoma
State University or any other educational institution acceptable to the City. All courses or classes
for which reimbursement will be requested must be previously approved by the Supervisor and the
City Manager prior to the start of said classes and approval requested on the appropriate City
form. The maximum allowed amount reimbursable for tuition is one thousand dollars ($1,000) per
instructional period plus books and materials, with a total reimbursable amount not to exceed three
thousand dollars ($3,000) per calendar year.
6.21 Longevity Pay
The City shall continue to provide longevity pay to employees based on continuous years of
service, as defined in Section 6.19 (i) as follows:
Completed years Pay Percentage
of Service Increases
5 years 2%
For each completed year thereafter 1/2%
The maximum longevity pay percentage to be paid shall be ten percent (10 %) of base pay. The
"completed years of service" will be determined on January 1st and July 1st only and not on an
employee's employment anniversary date. For employees hired after, 10/10/95, the longevity
program as outlined above does not apply.
6.22 Educational Incentive Pay
For regular employees hired after 10/10/95, who are not eligible for longevity pay as outlined in
Section 6.21, a monthly Educational Pay Stipend of $50 shall be provided for a Master of Science
(MS) or Master of Arts (MA) or other Master degree in any major course of study, awarded by an
accredited college or university. In no event shall an employee be paid for more than one degree.
The Stipend payments are authorized only for degrees from an accredited college or university,
and a copy of the degree must be provided for validation and approval of payment.
MOA- Rohnert Park Employees' Association . July 1, 2007 through June 30, 2009 Page 17
6.23 Retirement Programs
(a) Effective July 1, 2007, the City will provide the California Public Employees'. Retirement
System (CaIPERS) two and seven tenths percent (2.7 %) at fifty -five . (55) retirement
program to miscellaneous member employees.
(b) The City will continue to provide the "one -year highest compensation" optional provision in
its contract with CalPERS.
(c) The City will absorb any employer contribution rate increases for miscellaneous members
required by CalPERS. Employees will contribute 1 % of the employer's contribution,
except for the period of March 1, 2008 through August 31, 2008, when employees will
contribute .5% of the employer's contribution.
(d) The City will modify the Ca1PERS Annual Cost -of- Living Allowance Increase (Section
21335) to provide for a 2.0% annual maximum cost -of- living increase for employees hired
after December 31, 2007. Employees hired prior to December 31, 2007 shall be eligible
for the 5.0% annual maximum cost -of- living allowance increase as defined in Section
21335.
(e) During the term of this agreement, the City will pay the eight percent (8 %) employee's
contribution to CalPERS and will allow said payment to be credited to the employee's
account.
(f) , The City pays eight percent (8 %) of the employee's contribution into CalPERS for all
members of the RPEA as indicated in Section 6.21 (d) of this Agreement.
The City shall report eight percent (8 %) of the Employer Paid Member Contributions
(EPMC) to CalPERS as additional compensation for all members of the RPEA.
The City will report the value of the EPMC in accordance with all applicable provisions of
the Government Code, law and requirements of the CalPERS.
The City makes no representation concerning the value of this benefit or how it may be
taxed or treated by other agencies both presently and in the future. The City's obligation
under this section is limited to the direct cost of providing the benefit as described. The
City shall assume no further or additional financial obligations even if an outside agency
imposes or determines there to be a financial obligation for the City or the employee. .
6.24 Dependent Care Assistance Program
City will continue to provide the Dependent Care Assistance Program (DCAP) as authorized by the
Internal Revenue Service for the set -aside of employee pre -tax dollars for childcare as approved
by the Internal Revenue Service (IRS) and the California Franchise Tax Board.
MOA- Rohnert Park Employees' Association * July 1, 2007 through June 30, 2009 Page 18
6.25 Health Care Tax -Free Dollar Account Program
City will continue to provide the Health Care Tax -Free Dollar Account Program as authorized .by
the Internal Revenue. Service for the set - aside of employee pre -tax dollars for the cost of monthly
health care premiums as well as eligible unreimbursed medical expenses, as approved by the
Internal Revenue Service (IRS) and the California Franchise Tax Board.
6.26 Hearing Aid Benefit
The City will reimburse employees up to eighty percent (80 %) with a lifetime maximum of nine
hundred dollars ($900.00) for medically required hearing aid devices.
7. Payroll Deduction
7.1 Deduction of Association Dues
The RPEA will be provided with monthly payroll deduction of Association dues at no cost to the
employee organization.
7.2 Listing of Deductions
The RPEA will provide the City Manager with a listing of deductions for recognized RPEA
members only. Said listing will remain in force until amended by RPEA in writing. RPEA will hold
the City harmless for any liability of errors resulting from errors on the listing provided by RPEA.
7.3 Payroll Deduction
The RPEA deductions will be taken from the mid -month paycheck and promptly forwarded to
RPEA.
7.4 Hold Harmless
RPEA agrees to indemnify and defend the City, its officers, employees and agents and hold it
harmless against any and all suits, claims, demands and liabilities that shall arise directly or
indirectly out of any action that shall be taken or not taken or on behalf of the City, its officers,
employees and agents for the purposes of complying with the foregoing sections.
8. Salaries & Miscellaneous Pay
8.1 Salary Adjustments
(a) Salaries will not be subject to a general wage increase during the term of this
Memorandum of Agreement.
(b) During the term of this Memorandum of Agreement, the City will conduct a total
compensation survey and provide the survey results to the Association no later than
January 1, 2009. The Cities of Santa Rosa and Petaluma, and the County of Sonoma will
be included in the survey.
MOA- Rohnert Park Employees' Association . July 1, 2007 through June 30, 2009 Page 19
8.2 Bilingual Pay
The City and the RPEA have agreed that special compensation shall be given to certain
employees in the RPEA bargaining unit whom possess bilingual skills. That is, when the City
designates a position or person as bilingually proficient, such an employee in the designation shall
first demonstrate a language proficiency of job - related terminology acceptable to the Supervisor
and the City Manager. Thereafter, the employee shall be entitled to bilingual pay at the rate of two
and one -half (2.5) percent of base pay. Said employee shall be subject to re- testing. Bilingual
designation shall be at the sole discretion of the City.
8.3 Paychecks
City shall distribute paychecks to employees by noon on payday.
8.4 Fiscal /Budgetary Impacts
If the State of California fiscal crisis continues and substantial funds are extracted from the City or
sales tax revenues or other major revenue sources decline to a point where the City must consider
a reduction in staffing, City may re -open this Agreement to address salary issues.
9. Alcohol and Drugs
The City and RPEA agree to continue to work together to assist any employee who has an alcohol, or alcohol -
related, drug or substance abuse problem. It is mutually acknowledged that continued cooperative efforts would
give employees a much better opportunity to recover from this very serious problem.
Since certain City employees are required to drive City vehicles, to think clearly and act responsibly as well as use
various types of equipment, and it is known that drinking alcoholic beverages or taking certain drugs may slow a
person's reflexes and ability to think clearly. The probability of having an accident is increased after drinking
alcohol or taking certain drugs. The City recognizes that this situation could place the employee as well as
co- workers and the public at risk of injury.
9.9 Alcoholic Beverages, or Other Drugs
Alcoholic beverages, or other drugs which affect an employee's ability to drive or function safely,
shall not be used by employees during their assigned regular workday, nor while on assigned
standby duty.
9.2 Off Duty Hours
If an employee who has been drinking alcohol or using a drug which may impair the employee's
ability to drive or function safely receives a call to return to work during off duty hours, the
employee must decline the request to work. .
9.3 Prescription Drugs
Employees using prescription drugs, which affect the employee's ability to work safely must inform
their supervisor and may be assigned to other appropriate duties or required to take sick leave.
MOA- Rohnert Park Employees' Association # July 9, 2007 through June 30, 2009 Page 20
10. Smoking
10.1 Non - smoking Pay Premium
In recognition of the nation -wide concern with use of tobacco and the relationship it has to
disease. City agrees to continue to provide a $25 pay premium to employees hired before July 1,
1993 and who refrain completely from the use of tobacco in any form. Any employee receiving the
pay premium for not using tobacco and who starts using tobacco, shall rebate to City all paid
non- smoking premium paid by the City to said employee during the immediate twelve (12) months
preceding.
10.2 Non - smoking Status
Employees hired with a condition that they not smoke shall be required to remain non - smokers
throughout their employment. A non - smoker shall not smoke or use any tobacco product either on
or off -duty while employed. An affidavit signed on a periodic basis by employee shall be used to
verify continued non - smoking status.
10.3 Condition of Employment New Employees
The City intends to hire new employees with the clearly expressed condition of employment that
they refrain from smoking. The City acknowledges its right to take appropriate disciplinary actions
should any such employee hired after the effective date of this Agreement violate the agreed upon
conditions of employment. Prior to final disciplinary action being taken, City will refer the employee
to the employee assistance program for consultation and referral.
10.4 Employees Hired after July 1, 1993
The City and RPEA acknowledge that due to its commitment to hiring employees with the clearly
expressed condition of employment that they refrain from smoking, that employees hired after July
1, 1993 shall not receive a $25 pay, premium for not smoking.
11. Residency Bonus
All employees are encouraged to reside within the City. For the term of this Agreement, all employees residing
within Rohnert Park shall receive a $60 per month residency bonus. At the discretion of the City Manager, said
residency bonus may increase to no more than $65 per month at any time during the term of this agreement.
12. Grievance Policy and Procedure
City will comply with the grievance procedure as outlined in Resolution No. 79 -22, adopted February 13, 1979, a
copy of which is attached hereto. Failure to meet any time line or specifically comply with any other requirement of
the grievance procedure constitutes a specific waiver and is a bar to further consideration of the grievance.
13. Use of City Facilities
13.1 Use of Sports Center and Lap Swimming Program
Employees and their spouse, domestic partner, and eligible dependents (as defined both by City
eligible dependent policy and Sports Center policy), will be allowed to participate with no fee
MOA- Rohnert Park Employees' Association • July 1, 2007 through June 30, 2009 Page 21
imposed in open gym time and use the weight room and locker room facility at the Sports Center
when such facilities are open and also participate in the Lap Swim Program conducted at the City's
swimming pools. In the event that the City determines that such use of the Sports Center by
spouse, domestic partner, and dependents of employees adversely impacts the public's access to
the Sports Center facilities, the parties will re -open this Section 13. Other activities requiring
payment of a fee can be discussed with the City Manager for consideration of a waiver of part or
the entire fee.
13.2 Performing Arts Center
City agrees to provide each employee with two tickets to a Performing Arts Center performance
during each fiscal year (July to June) at no charge to the employee. The City will provide
employees with a choice of at least four dates.
14. Management Rights
Except as limited in this Agreement and applicable State laws, the exclusive rights of the City shall include, but not
be limited to, the right to determine the organization of city government and the purpose and mission of its
departments and agencies, to determine the nature, levels and mode of delivery and to set standards of service to
be offered to the public; and through its management officials to exercise control and discretion over its
organization and operations; to establish and effect administrative regulations which are consistent with law and
the specific provisions of this Agreement; to direct its employees and establish employee performance standards
and to require compliance therewith; to take disciplinary action; to discharge, suspend, reduce in pay, reprimand,
withhold salary increases and benefits, or otherwise discipline employees subject to the requirements of applicable
laws; to lay off its employees whenever their positions are abolished, or whenever necessary because of lack of
work or lack of funds, or other legitimate reasons; to determine whether goods or services shall be made,
purchased, or contracted for; to determine the methods, means, and numbers and kinds of personnel by which the
City's services are to be provided; including the right to schedule and assign work and overtime; and to otherwise
act in the interest of efficient service to the City; and to take all necessary actions to protect the public and carry out
its mission in emergencies.
15. Work Curtailment (No Strike Clause))
Under no circumstances shall any employee individually or collectively cause, sanction, honor or engage in any
strike, sit -down, stay -in, sick -out, slow -down, speed -up, work to rule or any other type of job action, curtailment of
work, restriction of production or restriction of service during the term of this Agreement.
16. Personnel Rules and Regulations
City agrees to meet and confer with RPEA on any updates or changes to the Personnel Rules & Regulations.
17. Rescinding of Previous Resolutions /Agreements
RPEA acknowledges that certain provisions of this agreement may conflict with resolutions currently in effect
regarding employee working conditions or benefits. The provisions of this agreement supersede any previous
resolutions or agreements that may be in conflict with provisions of this agreement as of the effective date of this
agreement.
MOA- Rohnert Park Employees' Association # July 9, 2007 through June 30, 2009 Page 22
18. Term of Agreement
18.1 Effective Date
This Agreement is to become effective on July 1, 2007.
18.2 Termination Date
This Agreement will terminate on June 30, 2009 unless extended by mutual agreement of the
parties.
19. Succeeding Agreement
Negotiations for the period commencing July 1,2009 shall begin on or before May 1, 2009, by which time RPEA
shall submit its proposals to the City Manager. Said submittal shall include an estimated percentage decrease or
increase in the cost'of same compared to the provisions of this Agreement. City shall, if requested, assist RPEA in
a reasonable manner in providing information to determine the percentage increase.
19.1 Suspension of Agreement
If during the term of this Agreement, any item or portion thereof of this Agreement is held to be
invalid by operation of any applicable law, rule, regulation, or order issued by governmental
authority or tribunal of competent jurisdiction, or if compliance with or enforcement of the item or
portion thereof shall be restrained by any tribunal, such provision of this Agreement shall be
immediately suspended and be of no effect hereunder so long as such law, rule, regulation, or
order shall remain in effect. Such invalidation of a part or portion of this Agreement shall not,
invalidate any remaining portion, which shall continue in full force and effect.
19.2 Replacement
In the event of suspension or invalidation of any article or section of this Agreement, City agrees,
that except in an emergency situation, to arrive at a satisfactory replacement for such article or
section.
20. Non- Discrimination
City acknowledges that in receiving the benefits afforded by this Agreement, no person shall in any way be favored
or discriminated against to the extent prohibited by law because of political or religious opinions.or affiliations, or
because of racial or national origin, or because of age, sex or sexual preference, or physical or mental disability.
21. Personnel Files
Employees or their duly authorized representative have the right to inspect his or her personnel file maintained on
him or her by the City. Employees have the right to respond in writing to anything contained or placed in their
personnel file and any such responses shall become part of the personnel file. .
MOA- Rohnert Park Employees' Association ♦ July 1, 2007 through June 30, 2009 Page 23
22. Employee Performance Evaluations
22.1 Employee Response
Employees have the right to respond in writing to the evaluation report should they so desire: Said
responses should be submitted to the reviewer no later than thirty (30) days..
23. RPEA Officers
The City agrees to authorize RPEA Officers up to forty (40) hours of paid leave per fiscal year to be used only for
Association business. The forty (40) hours of leave is the total amount in aggregate and may be distributed among
RPEA Officers. Officers shall notify and secure permission from their supervisor for such leave.
Y OF ROHNE T PARK
Stephen onley, City Manag r DAfFE
Mayor
Resolution Number: 2008 -22
Attest:
J
BAT
Approved As To Form: �1FR"R =�
/4 - � L
Be#min D. Winig, Assi tant City Attorney
ROHNERT PARK EMPLOYEES' ASSOCIATION
&� 9 -5 J-/ rlW1 2- -O's
Angie Smith, Board Official DATE
vmoD.d, Board Official ' DATE
4=r� �-116-1,000
Owens, Board Official I DATE
.-p cre
Bob J is, EA Representative DATE
MOA- Rohnert Park Employees' Association # July 1, 2007 through June 30, 2009 Page 24
Incorporated by Reference. The following are incorporated in this agreement by reference:
City Council Resolution No. 79.22, adopted February 13, 1979 - Grievance Policy and Procedure
City Council Resolution No. 80.140, adopted August 11,1980 - Regular Pff Employees' Fringe Benefits
City's most current "Disability Wage Plan" as updated by City Council Resolution No. 92 -174,
adopted October 27,1992
City Council Resolution No. 2007 -178, adopted October 23, 2007 - Alternate Benefit
City Council Resolution No. 97.201, adopted November 1, 1997 CaIPERS Employer Paid Member
Contributions
City Council Resolution No. 2001 -270, adopted December 11, 2001- Catastrophic Leave
City's Personnel Rules & Regulations
MOA- Rohnert Park Employees' Association ♦ July 1, 2007 through June 30, 2009 Page 25
APPENDIX A: Eligible Employees Retiring By June 30, 2008
The purpose of this Appendix is to describe the retiree health benefits for current City employees who elect
to retire on or before June 30, 2008.
Current employees who are eligible for retiree health benefits based on City service completed prior to
November 30, 2007 and who elect to retire on or before June 30, 2008 shall be eligible for the level of
retiree health benefits as follows:
• For regular City employees hired before July 1, 1993, City agrees to pay the entire appropriate
premium cost(s) for City provided /offered medical insurance; life insurance, dental program, and
Vision care benefits only for retired City employees and their spouse, domestic partner, and
eligible dependents as defined in the Memorandum of Agreement.
• For regular City employees hired after July 1, 1993 City agrees to pay towards premium cost(s) for
City provided /offered medical insurance, life insurance, dental program, and vision care benefits
only for retired City employees and their spouse, domestic partner and eligible dependents as
defined in the Memorandum of Agreement, a percentage of the appropriate premium cost(s) as
follows:
o Fifty percent (50 %) of applicable premium cost(s), at the time of retirement or death as
defined herein, for retirees having at least ten (10) years continuous City service completed
prior to November 30, 2007.
o Sixty -five percent (65 %) of applicable premium cost(s), at the time of retirement or death as
defined herein, for retirees having at least fifteen (15) years continuous City service
completed prior to November 30, 2007.
o Eighty percent (80 %) of applicable premium cost(s), at the time of retirement or death as
defined herein, for retirees having at least twenty (20) years continuous City service
completed prior to November 30, 2007.
o One hundred percent (100 %) of applicable premium cost(s), at the time of retirement or
death as defined herein, for retirees having at least twenty -five (25) years continuous City
service completed prior to November 30, 2007.
Current employees retiring July 1, 2008 or later will be eligible for the retiree health benefits as described
in the Memorandum of Agreement.
MOA- Rohnert Park Employees' Association ♦ July 1, 2007 through June 30, 2009 Page 26
I_\
A
Adoption Benefit, 12
Alcohol, 20
Alcoholic Beverages and Other Drugs, 20
Off -Duty Hours, 20
Prescription Drugs, 20
Alternate Benefit, 11, 25
Americans with Disabilities Act, 10
Bilingual Pay, 20
B
ri
California Family Rights Act and Family Medical Leave
Act, 10
Call Back Overtime, 5
Catastrophic Leave, 10, 25
Compensation Rate, 5
C,
Day of Mourning or Special Observance,
Death/Bereavement Leave, 12
Deduction of Association Dues, 19
Deferred Income Providers, 13
Dental Coverage, 11
Dependent Care Assistance Program, 18
E
Education and Training Reimbursement, 17
Educational Incentive Pay, 17
Employee Performance Evaluations, 24
Employee Response, 24
Exempt Employees, 6
F
Floating Leave Day, 7
Fringe Benefit Programs, 8
Fringe Benefits, 8
Adoption Benefit, 12
Alternate Benefit, 11
Americans with Disabilities Act, 10
California Family Rights Act and Family Medical
Leave Act, 10
Catastrophic Leave, 10
Death/Bereavement Leave, 12
Deferred Income Providers, 13
Dental Coverage, 11
Dependent Care Assistance Program, 18
Education and Training Reimbursement, 17
Educational Incentive Pay, 17
Fringe Benefit Programs, 8
Funeral Expense Benefit, 13
Health Care Tax -Free Dollar Account Program, 19
Health Plan Coverage, 11
Hearing Aid Benefit, 19
Life Insurance Coverage, 13
Light or Limited Duty, 10
Longevity Pay, 17
Long -Term Disability Insurance, 13
Paternity Leave, 10
Payment to Beneficiary, 10
Retired, Deceased and/or Permanently and Totally
Disabled Employees, 13
Retirement Programs, 18
Vision Coverage, 11
Funeral Expense Benefit, 13
Grievance Policy and Procedure, 21
F:i
Health Care Tax -Free Dollar Account Program, 19
Health Plan Coverage, 11
Hearing Aid Benefit, 19
Holidays, 6
Day of Mourning or Special Observance, 7
Floating Leave Day, 7
Holidays for Regular Part-time Employees, 7
Observed Holidays, 6
Proclaimed Holidays, 6
Holidays for Regular Part-time Employees, 7
Hours of Work, 5
L
Life Insurance Coverage, 13
Light or Limited Duty, 10
Longevity Pay, 17
Long -Term Disability Insurance, 13
M
Management Rights, 22
Maximum Compensatory Time, 5
Military Training, 8
MOA- Rohnert Park Employees' Association • July 1, 2007 through June 30, 2009 Page 27
9
Non - Discrimination, 23
O
Observed Holidays, 6
Overtime/ Compensatory Time, 5
Call Back Overtime, 5
Compensation Rate, 5
Exempt Employees, 6
Maximum Compensatory Time, 5
P
Paternity Leave, 10
Paychecks, 20
Payment to Beneficiary, 10
Payroll Deduction, 19
Deduction of Association Dues, 19
Hold Harmless, 19
Listing of Deductions, 19
RPEA Deduction, 19
Performing Arts Center, 22
Personnel Files, 23
Personnel Rules and Regulations, 22
Proclaimed Holidays, 6
R
Regular Part -time Employees
Holidays, 7
Vacation, 8
Regular Workday for Employees, 5
Regular Workweek for Employees, 5
Rescinding of Previous Resolutions /Agreements, 22
Residency Bonus, 21
Retired, Deceased and/or Permanently and Totally
Disabled Employees, 13
Retirement Programs, 18
RPEA Officers, 24
S
Salaries & Miscellaneous Pay, 19
Bilingual Pay, 20,
Fiscal/Budgetary Impacts, 20
Paychecks, 20
Salary Adjustments, 19
Sick Leave Benefits, 9
Sick Leave Accumulation; 9
Smoking, 21
Condition of Employment New Employees, 21
Employees Hired after July 1, 1993, 21
Non - smoking Pay Premium, 21
Non - smoking Status, 21
Succeeding Agreement, 23
Replacement, 23
Suspension of Agreement, 23
Term of Agreement, 23
Effective Date, 23
Termination Date, 23
T
U
Use of City Facilities, 21
Performing Arts Center, 22
Use of Sports Center and Lap Swimming Program, 21
V
Vacation, 7
Discontinued Accrual After 90 Days, 8
Eilgibility for New Hires, 8
Employee Vacation Records, 8
Maximum Accrual, 7
Regular Part-time Employees, 8
Schedule, 7
Seasonal, Seasonal Part-time and Temporary
Employees, 8
Vacation Scheduling Based Upon Seniority, 8
Vacation Sellback, 7
Vision Coverage, 11
W
Work Curtailment (No Strike Clause, 22
MOA- Rohnert Park Employees' Association # July 1, 2007 through June 30, 2009 Page 28