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2010/06/22 City Council Resolution 2010-65RESOLUTION NO. 2010-65 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROHNERT PARK APPROVING THE OUTLINE OF CERTAIN CONDITIONS OF EMPLOYMENT, FRINGE BENEFITS AND SALARY ADJUSTMENTS FOR THE MANAGEMENT UNIT WHEREAS, on October 27, 2009, the City Council adopted Resolution No. 2009 -112 approving the Summary of Terms and Conditions of the Tentative Outline of Certain Conditions of Employment, Fringe Benefits, and Salary Adjustments for the Management Unit; WHEREAS, the City Council directed staff to prepare an Outline of Certain Conditions of Employment, Fringe Benefits and Salary Adjustments for the Management Unit in accordance with the terms and conditions of the Tentative Outline; and WHEREAS, staff prepared an Outline of Certain Conditions of Employment, Fringe Benefits and Salary Adjustments for the Management Unit in accordance with Council direction. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Rohnert Park that it does hereby approve the Outline of Certain Conditions of Employment, Fringe Benefits and Salary Adjustments for the Management Unit, which is attached hereto as Exhibit DULY AND REGULARLY ADOPTED by the City Council of the City of Rohnert Park this 22 °a day of June, 2010. CITY OF ROHNERT PARK Pte_ Mayor BELFORTE: AYE BREEZE: AYE CALLINAN: AYE MACKENZIE: AYE STAFFORD: AYE AYES: (5) 1 NOES: (0) ABSENT: (0) ABSTAIN: (0) OUTLINE OF CERTAIN CONDITIONS OF EMPLOYMENT, FRINGE BENEFITS, AND SALARY ADJUSTMENTS FOR THE MANAGEMENT UNIT EFFECTIVE JULY 1, 2009 - JUNE 30, 2011 EXHIBIT A TABLE OF CONTENTS 1. HOURS, DAYS AND PERIOD OF WORK ....................................................... ..............................3 2. HOLIDAYS ............................................................................................................ ..............................4 2.1 Holidays Observed ....................................................................................... ..............................4 2.2 Proclaimed Holidays .................................................................................... ..............................4 2.3 Day of Mourning ............................................................................................ ..............................4 3. VACATION ............................................................................................................ ..............................4 3.1 Vacation Schedule ........................................................................................ ..............................4 3.2 Maximum Accrual ......................................................................................... ..............................5 3.3 Vacation Sellback ......................................................................................... ..............................5 3.4 Eligibility for New Hires ............................................................................... ..............................5 3.5 Vacation Benefit ............................................................................................ ..............................5 3.6 Vacation Schedule Based on Seniority ................................................... ..............................5 4. MILITARY TRAINING ........................................................................................ ............................... 5 5. FRINGE BENEFITS, OTHER THAN VACATION AND HOLIDAYS .......... ............................... 6 5.1 Fringe Benefit Administration ................................................................... ..............................6 5.2 Administrative Leave ................................................................................... ..............................6 5.3 Sick Leave ....................................................................................................... ..............................7 5.4 Catastrophic Leave ...................................................................................... ..............................7 5.5 Hearing Aid Benefit ...................................................................................... ..............................7 5.6 Paternity Leave .............................................................................................. ..............................7 5.7 Family and Medical Leave .......................................................................... ..............................7 5.8 Light or Limited Duty ................................................................................... ..............................8 5.9 Americans with Disabilities Act ................................................................ ..............................8 5.10 Employee Death ............................................................................................ ..............................8 5.11 Medical and Health ....................................................................................... ..............................8 5.12 Dental Coverage ............................................................................................ ..............................8 5.13 Vision Coverage ............................................................................................ ..............................9 5.14 Adoption Benefit ........................................................................................... ..............................9 5.15 Death /Bereavement Leave ......................................................................... .............................10 5.16 Funeral Benefit ............................................................................................. .............................10 5.17 Long -Term Disability Insurance ............................................................... .............................10 5.18 Life Insurance ............................................................................................... .............................10 5.19 Deferred Income ........................................................................................... .............................11 5.21 Education and Training .............................................................................. .............................13 6.22 Longevity Pay ............................................................................................... .............................14 5.23 Retirement Programs .................................................................................. .............................14 5.24 401(a) Retirement Plan ............................................................................... .............................15 5.25 Dependent Care Assistance Program .................................................... .............................15 5.26 Health Care Tax -Free Dollar Account Program .................................... .............................15 5.27 Counseling Services ................................................................................... .............................15 6. COMPENSATION ADJUSTMENTS ................................................................ .............................15 OUTLINE - Management U July 1, 2009 through June 30, 2011 Page I 6.1 Total Compensation Survey ...................................................................... .............................15 6.2 Automobile Allowance ................................................................................ .............................16 6.4 Paychecks ...................................................................................................... .............................16 6.5 Fiscal /Budgetary Impacts .......................................................................... .............................16 7. Alcohol and Drugs ....................................................................................... .............................16 7.1 Alcoholic Beverages or Other Drugs ...................................................... .............................17 7.2 Off Duty Hours .............................................................................................. .............................17 7.3 Prescription Drugs ...................................................................................... .............................17 8. SMOKING ............................................................................................................ .............................17 8.1 Non - smoking Pay Premium ...................................................................... .............................17 8.2 Non - smoking Status .................................................................................... .............................17 8.3 Condition of Employment .......................................................................... .............................17 8.4 Employees Hired After July 1, 1993 ........................................................ .............................17 9. RESIDENCY ........................................................................................................ .............................18 10. GRIEVANCE POLICY AND PROCEDURE .................................................... .............................18 11. USE OF CITY FACILITIES ................................................................................ .............................18 11.1 Use of Sports Center and Lap Swimming Program ............................ .............................18 12.. MANAGEMENT RIGHTS .................................................................................. .............................18 13. WORK CURTAILMENT (NO STRIKE CLAUSE) ........................................ ............................... 19 14. TERM OF OUTLINE ......................................................................................... ............................... 19 14.1 Effective Date ................................................................................................ .............................19 14.2 Termination Date .......................................................................................... .............................19 15. INVALIDATION ................................................................................................... .............................19 15.1 Suspension of Agreement ......................................................................... .............................19 15.2 Replacement ................................................................................................. .............................19 16. NON - DISCRIMINATION ................. 17. PERSONNEL FILES ... ............................... ........................................................ .............................19 18. EMPLOYEE PERFORMANCE EVALUATIONS.......... .................... 19 ............................... 19 INDEX........................................................................................................................... ............................... 22 OUTLINE - Management ❑ July 1, 2009 through June 30, 2011 Page Il This Outline is a document that describes conditions of employment, fringe benefits and salary for employees in the Management Unit. The Management Unit currently consists of employees occupying the classifications of: Assistant City Manager City Clerk Deputy City Engineer Director of Administrative Services Director of Development Services Planning and Building Manager Technical Services Division Manager Utilities /General Services Director 1. Hours, Days and Period of Work Depending upon specific assignments, the primary workweek for management employees may be a 5/8 Schedule, a 4/10 Schedule or a 9/80 Schedule. The City Manager may also approve an alternative work schedule for a specific employee. The hours, days and period of work shall be as follows: (a) Regular Workday - The regular workday is 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. (b) Regular Days of work for the 5/8 Schedule - The regular workweek for employees assigned to the 5/8 schedule shall consist of five (5) days, Monday through Friday of eight (8) hours. As may be determined from time to time by mutual agreement of an employee and his /her supervisor, the employee assigned to the 5/8 Schedule may volunteer for a workweek other than defined in this section. (c) Regular Days of Work for the 4/10 Schedule - The regular workweek for employees assigned to the 4/10 Schedule shall consist of four (4) consecutive workdays of ten (10) hours followed by three (3) consecutive days off. As may be determined from time to time by mutual agreement of an employee and his /her supervisor, the employee assigned to the 4/10 Schedule may volunteer for a workweek other than defined in this section. (d) Regular Days of Work for the 9/80 Schedule - The regular workweek for employees assigned to the 9/80 Schedule shall consist of four (4) consecutive workdays of nine (9) hours during one seven (7) day regular work period, followed by four (4) consecutive workdays of nine (9) hours plus one workday of eight (8) hours during the second seven (7) day regular work period. As may be determined from time to time by mutual agreement of an employee and his /her supervisor, the employee assigned to the 9/80 Schedule may volunteer for a work week other than defined in this section. (e) Regular Work Period - A Regular Work Period shall be the seven (7) day work period beginning at 12:01 a.m. on Monday and ending at 12 midnight on Sunday. OUTLINE - Management ❑ July 1, 2009 through June 30, 2011 Page 3 (f) In order to provide services to the community at all times during the day and week, the City will establish shifts. The City retains the authority to determine the regular start and end times and days of shifts and the authority to transfer an employee from one shift to another. 2. Holidays 2.1 Holidays Observed .The holidays observed by the City will be: "New Years Day ", January 1, 2010 and January 1, 2011 The third Monday in January, "Martin Luther King, Jr. Day" January 18, 2010 and January 17, 2011 Friday proceeding "President's Day," February 12, 2010 and February 18, 2011 The third Monday in February, "President's Day," February 15, 2010 and February 21, 2011 The last Monday in May, "Memorial Day," May 31, 2010 and May 30, 2011 "Independence Day," July 4, 2009 and July 4, 2010 The first Monday in September, "Labor Day," September 7, 2009 and September 6, 2010 "State Admission Day," September 9, 2009 and September 9, 2010 The second Monday in October, "Columbus Day," October 12, 2009 and October 11, 2010 "Veteran's Day," November 11, 2009 and November 11, 2010 The fourth Thursday in November, "Thanksgiving Day," November 26, 2009 and November 25, 2010 Day after "Thanksgiving," November 27, 2009 and November 26, 2010 12:00 Noon to 5:00 p.m. on December 24, 2009 and December 23, 2010 "Christmas Day," December 25, 2009 and December 25, 2010 2.2 Proclaimed Holidays Every day proclaimed by the President, Governor or Mayor of the City as a public holiday and made applicable to City employees. 2.3 Day of Mourning Each day that the Governor declares a day of mourning or special observance as a holiday for State employees if the declaration makes it applicable to City employees. 3. Vacation 3.1 Vacation Schedule Vacation schedule shall be as follows: Years of Service Monthly Vacation Rate Annual Vacation (Inclusive) Hours 1 to 10 years 12.500 hours 150 11 to 15 years 15.333 hours 184 16+ years 18.667 hours 224 OUTLINE - Management ❑ July 1, 2009 through June 30, 2011 Page 4 3.2 Maximum Accrual (a) Vacation may be accumulated to a maximum of four hundred (400) hours. 3.3 Vacation Sellback Once per calendar year, employees shall have the option to sell back to the City up to one -half of the employee's maximum, annual accrual of vacation time. Requests for vacation sell back must be submitted on or before November 15. The rate of the sell back shall be the employee's current and regular salary on the day the sell back request is approved. The sell back shall occur during a pay period that is no more than 30 days from the day the sell back request is approved. To qualify for vacation sell back, employees must have accrued at least eighty (80) hours of vacation time as of the day the sell back request is approved and must have used a minimum of eighty (80) hours of vacation time within the twelve (12) months prior to the day the sell back request is approved. 3.4 Eligibility for New Hires Employees must work a minimum of six (6) months before any vacation earned will be credited to said employee. 3.5 Vacation Benefit Vacation benefits shall be earned and accrued to employees who are actively working or are taking paid 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. 3.6 Vacation Schedule Based on Seniority Preference for vacation scheduling will be on the basis of seniority within classification. 4. Military Training The City grants military leave to all employees for service in a uniformed service in accord with Federal law, the Military and Veterans' Code of California and City Resolution 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 compensation in accordance with Section 395.01 of the California Military and Veterans Code. In addition, the employee shall have continued benefits as provided by Federal and State law. 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 increases for which they become eligible during military leave. OUTLINE - Management ❑ July 1, 2009 through June 30, 2011 Page 5 5. Fringe Benefits, Other Than Vacation and Holidays 5.1 Fringe Benefit Administration Fringe Benefit Administration - 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 outline. 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. All benefits provided under this section (Section 5) are subject to the characteristics of each individual benefit program. The value or availability of the benefits provided in this Outline 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 California Public Employees' Retirement System (CaIPERS). 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 Outline are limited to the direct cost of providing the salary and benefits as described in this Outline. 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 Outline, 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 benefits during an authorized leave without pay for the period of the authorized leave by making payment to the City for said benefits. (c) If there is any inconsistency between this section and the Personnel Rules and Regulations, the Personnel Rules and Regulations shall govern. 5.2 Administrative Leave The employees in the management unit shall receive up to one - hundred fifty (150) 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 one - hundred (100) 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. Employees are limited to one request per calendar year. OUTLINE- Management ❑ July 1, 2009 through June 30, 2011 Page 6 Requests must be submitted on or before November 15. Payment shall be made no more than 30 days subsequent of the approval of the request by the City Manager. 5.3 Sick Leave (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 Outline 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 Hours Earned Monthly Hours Earned Annually Maximum Hours of Accumulation 10 120 1,200 (c) Any employee hired before July 1, 1993 may voluntarily elect to participate in the sick leave program as provided in Section 4.3 (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 4.3 (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. 5.4 Catastrophic Leave Leave benefits shall be provided as outlined in City Council Resolution No. 2001 -270, adopted December 11, 2001. 5.5 Hearing Aid Benefit That the City shall reimburse employees up to eighty percent (80 %) with a lifetime maximum of nine hundred dollars ($900) for hearing aid devices. 5.6 Paternity Leave Regular employees may use up to three (3) days accrued sick leave for paternity leave, following the birth of a child. 5.7 Family and Medical Leave 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. OUTLINE- Management ❑ July 1, 2009 through June 30, 2011 Page 7 5.8 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. They may be assigned 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. By virtue of this paragraph, City does not intend to create any permanent light, limited or modified positions. 5.9 Americans with Disabilities Act The City recognizes it has an obligation under law to comply with the Americans with Disabilities Act (ADA). 5.10 Employee Death 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. 5.11 Medical and Health Employees will have a choice of Kaiser Permanente or Anthem Blue Cross Prudent Buyer Plan; or any other comparable health plan offered by the City. (a) 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, excluding the Health Savings Account plans. (b) As a result of any Federal or State law enacted subsequent to the effective date of this Outline, City shall make an effort to maintain the level of benefits as provided for in this Outline. (c) 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. 5.12 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, which for the most part, but with some exceptions, provides the following City coverage: (a) One hundred percent (100 %) of the cost of diagnostic and preventative care. (b) One hundred percent (100 %) of the cost of basic dental services. (c) One hundred percent (100 %) of the cost of crowns and restorations. OUTLINE- Management ❑ July 1, 2009 through June 30, 2011 Page 8 (d) One hundred percent (100 %) of the cost of prosthodontics. (e) Two thousand dollars ($2,000) maximum benefit for dental services per person per year. (f) One hundred (100 %) of the cost of orthodontics with a three thousand five hundred dollar ($3,500) lifetime maximum benefit per person. Dental service coverage shall be based upon the Delta Dental rates and services provided by . Delta Dental providers. The City will pay any co- payment required as a result of services provided under City dental program by a Delta Dental provider. 5.13 Vision Coverage The City will provide, at no premium cost to employees, the 12/12/12 Vision Service Plan with supplemental coverages for the employee, employee's spouse, domestic partner, and dependents as generally follows: (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, lined 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) 5.14 Adoption Benefit OUTLINE - Management ❑ July 1, 2009 through June 30, 2011 Page 9 That the City provide 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 step - children, i.e. children of present spouse. 5.15 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, domestic partner, father, father -in -law, mother, mother -in -law, brother, brother -in -law, sister, sister- in -law, child (including step - children), step - parents, 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. (d) It is understood that the City's most current "Disability Wage Plan," a copy of which is attached hereto, shall be amended to reflect the changes as outlined in this Outline. 5.16 Funeral 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. 5.17 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 %). 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. 5.18 Life Insurance (a) The City will provide, at no premium cost to employees, one hundred thousand dollars ($100,000) life insurance coverage provided to employees and five thousand dollars ($5,000) 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. OUTLINE- Management ❑ July 1, 2009 through June 30, 2011 Page 10 5.19 Deferred Income The City will continue to make available to the employees a deferred income program, now being administered by Nationwide and International City Management Association (ICMA) or a similar program with another institution acceptable to City. 5.20 Retired, Deceased and /or Permanently and Totally Disabled Employees (a) The City agrees to make a medical insurance premium contribution toward the applicable early retirement premium or Medicare- eligible premium as outlined in the attached "Insurance Premium Contribution Rate Schedule ". Calculation of premium will be prorated for regular, part - time employees. The City's share of the medical insurance premium costs for all retirement benefits as described herein shall not exceed the amount described in the attached "Insurance Premium Contribution Rate Schedule ", and shall not include payment of Medicare B premiums. Coverage will extend to eligible dependents. The City will provide such contributions only: To regular full -time and regular part -time City employees hired before June 30, 2007 who have at least fifteen (15) years of continuous service with the City and who retire upon reaching retirement age or thereafter and are receiving a retirement allowance from CalPERS. Said employees shall be referred to as "Retired Employees." a) Employees with less than 15 consecutive years of service with the City receive no City fringe benefits, i.e. medical, dental, vision, life insurance at retirement b) Employees must retire concurrent with termination of service with the City to be eligible for this benefit (no vesting). 2. To regular full -time or regular part -time employees hired before June 30, 2007 who: a. Have at least ten (10) years of continuous service with the City; b. Are retired forthwith from the City of Rohnert Park service into CalPERS at the time of permanent or total disability, and; c. 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 OUTLINE- Management ❑ July 1, 2009 through June 30, 2011 Page 11 occupation. In such circumstances, benefits shall be discontinued. d. 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. 3. To the surviving spouse, registered domestic partner, and legal dependents of a regular full -time or regular part -time employee hired before June 30, 2007 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." 4. For eligible "Retired Employees" and the survivors of "Deceased Employees" as defined in Section 5.20(a) 1 through 3 above, the City agrees to provide /offer and pay the premium(s) as provided for active employees at time of retirement for life insurance, dental care, and vision care benefits for retired employees and eligible dependents. Calculation of premium will be prorated for regular, part -time employees. 5. Benefits provided under Section 5.20(a) 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. 6. All benefits provided under Section 5.20(a) 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. 7. The benefits provided under Section 5.20(a) will continue for such retired employees and their spouse, registered 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 registered domestic partners until the spouse or domestic partner dies, remarries, or forms another registered domestic partnership. 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 maximum age limit specified by state or federal law, or the spouse or registered domestic partner marries, or forms another registered domestic partnership whichever occurs earliest. 8. 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 Section 5.20(a). Part -time (non- benefited) employment and approved unpaid leaves will not be used in calculating length of continuous service under this OUTLINE - Management ❑ July 1, 2009 through June 30, 2011 Page 12 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 leaves do not constitute separation from City service (and therefore will not void any previous accrual towards length of continuous service) for the purpose of this section. 9. If any retired employee, 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, coverage provided by the City to the retired employee pursuant to Section 5.20(a) will be considered secondary to the coverage provided by his /her new employer, and his /her new employer's coverage shall be considered primary. 10. If any spouse or registered domestic partner of a deceased employee or deceased retired employee who is receiving benefit coverage as provided under Section 5.20(a), becomes employed and 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 registered domestic partner's employer, and his /her employer's coverage shall be considered primary. (b) Regular City employees hired after June 30, 2007 shall be eligible for the benefits described below in lieu of the benefits described in Section 5.20(a) bove: 1: The City will contribute $75.00 per month for active employees in paid status to a Retiree Health Savings Account (RHSA). 2. 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. 3. Calculation of contribution will be prorated for regular part -time employees. 5.21 Education and Training 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 OUTLINE- Management ❑ July 1, 2009 through June 30, 2011 Page 13 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. 5.22. Longevity Pay The City shall provide longevity pay to employees based on continuous years of service, as defined in Section 5.20 (a)8 as follows: Completed Years of Service Pay Percentage Increases 5 years 2% For each year completed thereafter %% 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. Longevity Pay Program as outlined in Section 5.22 shall not apply to personnel hired after October 10, 1995. 5.23 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. Effective July 1, 2011 the City will provide the California Public Employees' Retirement System (CaIPERS) two percent (2.0 %) at fifty -five (55) program to miscellaneous member employees hired on or after July 1, 2011. (b) The City will continue to provide the "one -year highest compensation" optional provision in its contract with CaIPERS. (c) The City will absorb any employer contribution rate increases for miscellaneous members required by CaIPERS. Miscellaneous employees will contribute one percent (1 %) of salary which will be counted toward the employer's contribution. (d) The City will modify the CaIPERS 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. The City pays one hundred percent (100 %) of the employee's required contribution into CaIPERS for all miscellaneous members of the management unit as indicated in Section 5.23 of this outline. The City shall report such Employer Paid Member Contributions (EPMC) to CaIPERS as additional compensation for all miscellaneous members of the management unit. OUTLINE - Management G July 1, 2009 through June 30, 2011 Page 14 The City will report the value of the EPMC in accordance with all applicable provisions of the Government Code, law and requirements of CalPERS. The City makes no representation concerning the value of this benefit or how it may be taxed or treated by other agencies either presently or 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 obligation even if an outside agency imposes or determines there to be a financial obligation for the City or the employee. 5.24 401(a) Retirement Plan If eligible under guidelines, members of the management unit may participate in the City's 401(a) retirement plan. 5.25 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. 5.26 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. 5.27 Counseling Services Payment by the City of any unreimbursed costs, up to a maximum City reimbursement of one thousand dollars ($1,000) per household per calendar year, for professional counseling service charges which are not paid for by City- provided or other insurance which the employee may have. Services not covered by City - provided health insurance programs with a maximum calendar year benefit of one thousand dollars ($1,000) per calendar year per household. 6. Compensation Adjustments 6.1 Total Compensation Survey To ensure that it can recruit and retain managers, the City desires to offer competitive total compensation packages to members of the management unit. For every position in the management unit, no later than March 1, 2011, the City shall complete a survey of total compensation for comparable positions in comparable agencies.. Total compensation is defined to be the cost to the City to provide salary, health benefits, and contributions to the California Public Retirement System (i.e., equivalent of employer payment of 7% or 8% Miscellaneous Employee Contribution). OUTLINE - Management C July 1, 2009 through June 30, 2011 Page 15 Comparable agencies are the County of Sonoma and the Cities of Fairfield, Napa, Novato, Petaluma, Santa Rosa, and Windsor. For each position in the management unit, the City shall identify a comparable position in each of the comparable agencies. Elected officials with executive responsibilities will not be included as a comparable position (e.g., Sheriff, Auditor - Controller, Clerk - Assessor, etc.). The City reserves the right to modify the list of comparable agencies for one or more positions in the management unit if a comparable position does not exist in one of the comparable agencies enumerated in Section 6 of this outline. The City Manager or designee shall confer with each member of the management unit about the results of the total compensation survey for that member's position. 6.2 Automobile Allowance Effective December 1, 2007, miscellaneous members of the management unit shall receive an automobile allowance in the amount of $322.30. On July 1 of each year, the automobile allowance shall be adjusted by an amount to be determined by the Bay Area All Urban Workers Consumer Price Index (CPI). The amount of the adjustment will be based upon the change in the CPI from April of the year prior to April of the current year. 6.3 Furloughs A furlough bank of one- hundred and sixty (160) hours shall be established for each employee during the term of this Agreement, representing eighty (80) hours per each year of the Agreement. Management is required to take at least 8 hours of furlough time per month, representing a total of one - hundred and sixty (160) hours and an approximate annualized wage reduction of 3.85 %. Use of the unpaid furlough bank hours shall not result in overtime costs for the City, and are subject to approval by the employee's supervisor. 6.4 Paychecks Paychecks shall be distributed by City to employees by noon on payday. 6.5 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 Outline to address salary issues. 7. Alcohol and Drugs The City agrees to continue to work together to assist any employees who have an alcohol, 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 health 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 OUTLINE - Management ❑ July 1, 2009 through June 30, 2011 Page 16 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. 7.1 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. 7.2 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. 7.3 Prescription Drugs Employees using prescription drugs that 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. 8. Smoking 8.1 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 twenty -five dollar ($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. 8.2 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. 8.3 Condition of'Employment 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 Outline 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. 8.4 Employees Hired After July 1, 1993 The City acknowledges that due to its commitment to hiring employees with the clearly expressed condition of employment that they refrain from smoking, OUTLINE- Management C July 1, 2009 through June 30, 2011 Page 17 that employees hired after July 1, 1993 shall not receive a twenty five dollar ($25) pay premium for not smoking. 9. Residency All employees are encouraged to reside within the City. All employees in the Management Unit shall receive a $60 per month Residency Stipend if they reside within the City. At the discretion of the City Manager, said Residency Stipend may be increased to no more than $65 per month at any time during the term of this Outline. 10. 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. 11. Use of City Facilities 11.1 Use of Sports Center and Lap Swimming Program Employees and their spouse or domestic partner, and eligible dependents (as defined by City eligible dependent policy), will be allowed to participate with no fee 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 or domestic partner and dependents of employees adversely impacts the public's access to the Sports Center facilities, the parties will re -open this Section 10. 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. 12. Management Rights Except as limited in this Outline 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 for 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 Outline; 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 layoff 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 OUTLINE - Management ❑ July 1, 2009 through June 30, 2011 Page 18 13. 14. 15. 16. 17. 18. 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. 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 Outline. Term of Outline 14.1 Effective Date This Outline is to become effective on July 1, 2009. 14.2 Termination Date This Outline will terminate on June 30, 2011. Invalidation 15.1 Suspension of Agreement If during the term of this Outline, any item or portion thereof of this Outline 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 Outline 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 Outline shall not invalidate any remaining portion that shall continue in full force and effect. 15.2 Replacement In the event of suspension or invalidation of any article or section of this Outline, City agrees, that except in an emergency situation, to arrive at a satisfactory replacement for such article or section. Non - Discrimination City acknowledges that in receiving the benefits afforded by this Outline, no person shall in any way be favored or discriminated against to the extent . prohibited by law. 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 their personnel file. Employee Performance Evaluations 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 days after the evaluation interview. OUTLINE - Management ❑ July 1, 2009 through June 30, 2011 Page 19 Incorporated by Reference. The following are incorporated in this agreement by reference: Attachment "A" - Retiree Medical Insurance Table City Council Resolution No. 79 -22, adopted February 13, 1979 - Grievance Policy and Procedure 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. 97.200, adopted November 10, 1997 - Ca1PERS Employer Paid Member Contributions City Council Resolution No. 2001.270, adopted December 11, 2001- Catastrophic Leave City's Personnel Rules & Regulations OUTLINE - Management ❑ July 1, 2009 through June 30, 2011 Page 20 ATTACHMENT A: Retiree Medical Insurance Table PREMIUM CONTRIBUTION RATE SCHEDULE FROM 7/1/09 THROUGH 6/30/11 *10 -19.99 years of service for permanently and totally disabled retirees and deceased employee survivors only OUTLINE - Management ❑ July 1, 2009 through June 30, 2011 Page 21 City Ongoing Ongoing City contribution monthly City monthly City formula at time of 80% contribution to contribution to retirement is: Lowest employee -only Lowest employee +1 retiree premium: retiree premium: 80% of the lowest premium cost at time of premium cost at Enroll retiree Enroll retiree cost premium. retirement time of retirement only. &eligible others. retirement: $402.80 $805.59 3'L` CYY �'W y 64,4 47 *10 -19.99 years of service for permanently and totally disabled retirees and deceased employee survivors only OUTLINE - Management ❑ July 1, 2009 through June 30, 2011 Page 21 City Ongoing Ongoing City contribution monthly City monthly City formula at time of 80% contribution to contribution to retirement is: Lowest employee -only Lowest employee +1 retiree premium: retiree premium: 80% of the lowest premium cost at time premium cost at Enroll retiree Enroll retiree cost premium. of retirement time of retirement only. &eli ible others. retirement: 8.0 %., $415.41 $830'.81 5$3323s3fi >, r, ',s. $6 „64'65 *10 -19.99 years of service for permanently and totally disabled retirees and deceased employee survivors only OUTLINE - Management ❑ July 1, 2009 through June 30, 2011 Page 21 City contribution 80% $415,41 $830.81 formula at Lowest % of City time of Lowest employee +1 Ongoing monthly contribution retirement: employee -only premium cost Ongoing monthly City contribution to Years based on 80% of the premium cost at at City contribution to retiree premium: of Years of lowest cost time of time of retiree premium: Enroll retiree+ Service Service premium retirement retirement Enroll retiree only eligible others 7 N1,11 50 %...... 80% $402.80 $805.59 $32224 $402.80 $805:59 $402.80 $805.59 $32224332 $644X47 „% *10 -19.99 years of service for permanently and totally disabled retirees and deceased employee survivors only OUTLINE - Management ❑ July 1, 2009 through June 30, 2011 Page 21 City contribution 80% $415,41 $830.81 formula at Lowest % of City time of Lowest employee +1 Ongoing monthly contribution retirement : employee -only premium cost Ongoing monthly City contribution to Years based on 80% of the premium cost at at City contribution to retiree premium: of Years of lowest cost time of time of retiree premium: Enroll retiree+ Service Service premium. retirement retirement Enroll retiree only eligible others *10 -19.99 years of service for permanently and totally disabled retirees and deceased employee survivors only OUTLINE - Management ❑ July 1, 2009 through June 30, 2011 Page 21 80% $415,41 $830.81 $415.41 $830.81 25+ : ' 100 %. . ' .80% 415.41 $830.81;' $332 33j F x Xv 64F65 *10 -19.99 years of service for permanently and totally disabled retirees and deceased employee survivors only OUTLINE - Management ❑ July 1, 2009 through June 30, 2011 Page 21 RESOLUTION NO. 79 -22 EMPLOYEE GRIEVANCE PROCEDURE RESOLUTION BE IT RESOLVED 13Y THE COUNCIL OF THE CITY OF ROHNERT PARK ARTICLE I GENERAL PROVISIONS SECTION 1 . .STATEMENT OF PURPOSE It is the purpose. of this Resolution to insure: a. Employee .Grievances are heard and resolved fairly and promptly b. City employees are treated fairly and. that their rights are maintained. c. Grievances are resolved in an effective and orderly manner to insure uninterrupted city services to the public_ SECTION 2. DEFINITIONS As used in-this Resolution; the.foliowing terms shall have the meanings indicated: a_ . Appropriate Unit means a unit of employee classes or positions, established for the purpose of collective representation. b. City means the City of Rohnert Park_ c.. Employee means anycity employee, regardless of status_ . d:. Grievance means a complaint or dispute by an employee, group of employees, or a recognized employee organization concerning . the interpretation or application of any matter falling within the scope of this grievance procedure: e_ Grievant means the party who has initiated a grievance procedure either informally or formally, f. Immediate Supervisor means the individual who immediately assigns, reviews, or directs the work of an employee. .9- Intermediate Supervisor means the supervisor next above the immediate supervisor as determined by .the department head. h.. Recognized Employee Organization means an employee organization which has been formally acknowledged by the city as a recognized employee organization representing employees in an appropriate unit. L Working Days means those days on which the city administrative offices are open for conduct of normal business. SECTION 3 SCOPE a. This grievance procedure pertains to application, interpretation, and noncompliance with memorandums of agreement, council, resolutions, city ordinances, and, departmental and. city - rules, regulations, .and practices governing wages, seniority, Written reprimands, hours, safety, and other terms and conditions of employment which the city has authority to change and for which no. other appeals _procedure is provided_ Issues excluded from the scope Of this grievance procedure include those matters which the city has no authority to change and matters for which alternative appeals: procedures have Page 3- S been provided such as performance 'appraisals; demotions, suspensions, and dismissals. Disputes concerning exclusive - city rights with respect to mattes of general legislative or . managerial policy :do not constitute grievances under this procedure_ The riature of these "exclusive- city rights 'are described in Section 3.e. ,below_ b., A grievance may. be initiated by an employee, jointly by a group of employees, or by a recognized employee organization. c. Employees who are: in units. represented by. a recognized employee organization may choose' to represent themselves; or be represented by the recognized employee organization at any stage of this grievance procedure: Employees who are not in a represented unit may choose to . represent themselves or be represented by .any layperson. or employee organization. Neither the 'grievant party nor. the city maybe represented by 10061 counsel_ d. No employee or recognized employee organization shall be interfered with, intimidated, . restrained, coerced,. or cliscdminated. !against for. exercising these %grievance rights. e. Nothing in this grievance procedure shall be construed to restrict any legal or inherent exclusive . city rights with. respect to, matters of general legislative or . . managerial: policy,. -which include. among. others. The exclusive right to determine the. mission. .of its constituent departments, commissions and, boards; set standards of service; determine: the `procedure and .standards 1 Of selection for employment; .direct its employees;- take. discipliriar .- "action; relieve its employees from duty because of..tack.of work ;or f6f-other legitimate reasons; maintain the efficiency of .governmental. Operations-, determine the methods, means and personriel :by which government .operations are to be . conducted; takelall necessary actions to carry. obt;its.mission'.imemergencies; and exercise .complete control and -discretion over its. organization and technology of performing-its work_ ARTICLE Ii --- INFORMAL,G.RIEVANCE.PROCEDURE SECTIoN 4 GENERAL \ a. It is the mutual responsibility ..of employees; erripioyee. organizations, and management to resolve grievances informally and at. the. -:lowest..practicable level of management, whenever-possibie.: b. Informal procedures must be exhausted prior-. to: initiation of the - formal grievance procedure_ SECTION 5 STEP ONE — .IMMEDIATE SUPERVISOR a. The grievant shalt first present the grievance orally to his/her .immediate supervisor in an informal meeting:'The grievant may- request such .a meeting at any reasonable time, and the. supervisor shall meet within five (5) working days after such request. in. the meeting the .grievant shall fully, explain the gri evance and . the. solution desired: The supervisor. shall present an . informal, verbal. decision with reasons'therefore to .the grievant iYithiri five. (5) working days after the meeting.. . b. Any grievant whose grievance is. not. resoived to his/her satisfaction may institute a formal grievance procedure. Such formal ..procedure shall conform With the steps and-provisions prescribed in Articles III and IV. Page 4 ARTICLE Hl -- FORMAL GRIEVANCE PROCEDURE SECTION S GENERAL a. All the format grievances shall be in. writing_ A supply of grievance forms shall `be maintairied in .each department and shall be readily accessible to all employees and recognized employee organizations. b_. Each. level-of management upon ,receipt of a formal grievance shall notify the recognized .employee organization (if any) .which represents the employees of the Unit from which the.grievance,originates concerning. the. ti.and places of all grievance .proceedings: The highest level of managemermiesnt involved shall notify. the appropriate recognized employee organization(s) in -writing prior to implementation o€ . any grievance settlement which affects the rights or conditions of.employees they represenf_ SECTION 7 STEP TWO -= INTERMEDIATE SUPERVISOR a: The grievant may appeal: the immediate supervisor's decision by completing Section 2 of the grievance form and filing it with the appropriate intermediate supervisor. within five- (5) working days. b_ The intermediate supervisor shall within ten (10) working days investigate the grievance, discuss the grievance with the grievant and /or representative as requested, render a decision in writing on the grievance form together with the . reasons therefore, and return the form to the grievant. SECTION .$ :STEP THREE - DEPARTMENT HEAD a: The:.grievant' may appeal ,the intermediate supervisor's decision by completing Sec tion,.-3 .of: the grievance form. and fling -it with the. appropriate department head> within five (5) Working' days:: b. The department head shall_ within ten (10) working days investigate the grievance, discuss the grievance with the grievant and /or representative as requested, rermder. a decision in writing on the grievance form together With the reasons therefore, and return the form to the grievant. SECTION 9 STEP FOUR — Clnr MANAGER a. b. SECTION 10- a. b_ The grievant may appeal the department head's decision by completing Section 4 of the grievance form and filing it with the City Manager's office within five (5) working days. The City Manager .or his /her representative shall within ten. (10) working days investigate -the grievance, .discuss the grievance with the' grievant and /or the grievant's representative as requested, render a decision in writing on the. grievance form together with the reasons therefore, and return the form to the grievant. STEP' FiVE _ GRIEVANCE.APPEALs COMMITTEE The grievant may appeal the City Manager's decision by completing Section 5 of the grievance form and filing it with the Personnel Office within ten (10) Working days. Upon receipt. of a Step. Five appeal, the Personnel Office shall notify. the members. of the. Grievance Appeals Committee. The. Grievance Appeals Committee shall then schedule the appeal for hearing not later than ten (10) working days from. the receipt of the grievance and shalt fort hsniith notify the Page 5 C. 9 grievant and his/her representative of"the time .anti place at which the appeal will be considered. The Grievance Appeals Committee shall conduct a h6aring,,a Od shall hear all witness, testimony and evidence from both sides* and shall. render a'written decision on the grievance form.. together with reasons. therefore 6nd..return-the form to the grievant, through the Personnie'l Office., within ten (10) working days_ A. Complete tape recording -and /or transcript shall. be kept for all-'OrievchGe Appeals Committee hearings. The cost of any transcript- or tra'n s c 'i r.jptfof any tape recording shall be paid for by the requesting party... A. majority decision of the Grievance -Appeals Committee shall be final and binding'unless such decision binds the city to .a financial. expenditure which can be authorized only by the City Council. , In such: " ' case- 'the C7f.ty. Council-,may review the record and affirm, reverse, modify,, or refer. the matter- back to the - Grievance Appeals Committee for further hearing. Such action shall. be taken by - the City Council only on a review of the record* and* a finding. that the decision of the Grievance Appeals. Committee was not supported .by the record- . ARTICLE IV — RULES OF PROCEDURE SECTION 11 COMBINING GRIEVANCES An employee shall include all current grievances s in one . grievan"ce pro&edure,- To . the degree practicable, grievances shall not be duplicated. If several , grievant' s. with to present" grievances which are the same or substantially similar, suth•orieVahce's shall be"joifi6din one proceeding - by mutual agreement Of the. grievant.. or grievant's'representativO hd the Personnel Department. Where there1s: -no mutuail"a greement to join grievances.-the:same or grievances substantially similar shall be pi�bcessbd. sequentially, -by. a0propriate : unit . in the order filed and time limitations will be held in abeyance pending complete., processing of earlier complaints_ SECTION 12 WAwiNG LEVELS OF REVIEW Any. steps in the grievance procedure, other than steps, one and five, may be waived. . .when the grievant or grievants and all levels of management involved in the steps waived mutually consent to such procedure in writing on the grievance form. - SECTION 13 TIME LIMITATIONS a- Time limits established by this procedure may be extended or shortened . . by mutual agreement in writing on-the gniavanicelorm by the grievant or. grievants and the level ,of ma'nagement/Grievance Appeals C66irn''Itteo involved: in that step. b. Failure by a grievant to appeal a decision within the time limits prescribed shall be deemed a resolution of the grievance, unless the grievant is unable to appeal for cogent reasons- Failure'of­mana�ement to meet with the grievant or to render a decision within -the time .limits prescribed: shall justify aippeal.t.a the next step . of the grievanceprocedure_ SECTION 14 TIME OFF'' a. When practicable, proceedings shall be held within the employees' normal working hours. If ' held .8t other than:the employees' normal workirig'hours, the employee shall be -entitled to an. equivalent number of bours off on an hour for hour basis_ Page 6 .b. Reasonable time off from usual duties shall be accorded to employees for the purposes of . meeting with- employee. representatives, preparing and investigating grievances; presenting grievances, serving as a re presentative. of a recognized employee organization at a grievance procedure, or representing a grievant, provided that before ieaying_ his /her usual' duties the employee shall obtain permission from _the-immediate supervisor involved. Such permission shall not be unreasonably withheld: SECTION 15 PRIVACY . Ali: grievance procedures shall be conducted in closed sessions, .except that specified observers may be admitted by mutupl agreement,of the parties involved. ARTICLE V — GRIEVANCE APPEALS COMMITTEE SECTION 16 COMPOSITION AND SELECTION The Grievance Appeals Committee shall consist of three. members. Each committee member shall serve for two (2) years and until selection of a successor. Committee members shall be selected as follows: a. One city employee. selected by recognized employee organizations acting jointly. b. One city management member selected by the City Manager. c. One lay chairperson selected by recognized employee organizations and the City Manager acting jointly.` SECTION 17 ALTERNATE MEMBERS An alternate .for each of the three (3) principal. Grievance Appeals Committee members shall be selected to serve .for the same - period as that of their respective principals. Alternate members shall be selected in the same manner as principals except that no alternate member shall..be from the same city department or appropriate unit as his /her respective principal. Alternate members shall serve in the place of their respective principals when the principal is unavailable, when the principal abstains from serving, and when the principal is from the same city department of appropriate unit in which the grievance originates.. SECTION 1$ COMMITTEE PROCEDURE The Grievance Appeals. Committee shall meet on call of its chairperson or of the Personnel Office. Deliberations of the committee shall be informal and shalt provide- a full and fair hearing of the grievance and proposed solutions. The city shall provide the committee with suitable facilities and reasonable secretarial support. Each .party shall bear its own costs for any expenses involved in calling witnesses or producing desired evidence. ARTICLE VI — MISCELLANEOUS PROVISIONS SECYIOn119 CONSTRUCTION This resolution shall be administered and construed as follows: a. Nothing in this resolution shall be construed to deny to any person, employee, organization, the city, or any authorized officer, body or other representative of the city, the rights, powers and authority granted by Federal or State taw_ Page 7 b. This resolution shall be interpreted so as to carry out its purposes as set forth. in Article i. SECT1013 20 SEVERABtLrrY If any provisioni of this resolution, or -the application of such provision to' any person or circumstance, shall be held invalid, the .remainder of this resolution or the application of such. provision to persons or circumstances other than those as to which it is held invalid,.sha11 not be affected thereby. DULY AND REGULARLY adopted this thirteenth day of February, 1979. . CITY OF ROHNERT PARK /sl Warren K_ Hopkins Mayor Hopkins AYES_ (5) Councilmen Beary Carbone, Roberts, Stewart and Hopkins NOES: (0) None ABSENT: (0) None ATTEST:. /s/ Sandra Faus Deputy City Clerk Re -typed January 2003 jdc Page 8 RESOLUTION NO. 92- 174 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROHNERT pARk APPROVING UPDATED DISABILITY WAGE PLAN WHEREAS, City staff recognizes the appropriateness of updating certain employee benefit plans in order to provide for any changes; and WHEREAS, the City's existing " Disabiliry Elage Plan ". was.i nsrituted I, 1972 and has not been updated since that date- and - on August WHEREAS,. City staff has conducted a "Disability Wage Plan" review of the Ci[y's existing pamphlet and feels it is appropriate to update same; and WHEREAS, revisions have been proposed to said "Disability Wage Plan "; and WHEREAS, said revisions have been discussed with the employee organizations as required by the meet and confer laws of the State and said 'revisions have received approval by said employee organizations; and WHEREAS, the Council has reviewed the revised finds it satisfactory_ "Disability Wage Plan" and NOW, THEREFORE BE IT RESOLVED by the Council of the City of 'Rohnert .Park that the "Disability Wage Plan" as revised and dated October 27, 1992,.which is attached to this resolution and by reference thereto incorporated her is hereby approved. DULY AND REGULARLY ADOPTED this 27th day of October, 1992_ CITY OF ROHNERT PARK Mayor T EST: �.a 1 A J 1 ,. .. 1 l - ECK AYE HOLLINGSWORTH AYE IiCFK MS AYE PELV AYE SpIRa AYE AYES S NOES O ABSENT O MUM; 0 TABLE OF CONTENTS Section . Title DISABILITY WAGE PLAN I - Purpose 2. Eligibility 3. Length of Service Schedule. 4. Periodic Increase in Benefits 5. Benefits Renewal — 26 Week Rule 6. How Benefits Are .Calculated 7. Active Work / Authorized Leave Requirement 8. Proof of Claim 9- Notification Required Absence Reporting IL _ Conditions Covered 12- Conditions Not Covered 13. Pregnancy or Maternity Leave 14_ Paternity Leave 15. Light or Limited Duty 1:6_ Effect on Vacations 17- Sick Leave Without Pay 18- Holidays During Disability 19- Effect on Retirement 22 Sick Leave Benefits Misuse 21- Temporary Layoffs 22- Long Term Disability 23. Employee Death 24- Changes in Plan 25. Non- Discrimmation 26. Additional In formation INDUSTRIAL DISABILITIES L Separate Schedules 2. Effect on Workers' Compensation Page No. 1 1 2 3 3 3 3 3 3 4 4 4 5 5 6 6 6 6 6 6 7 7 7 7 7. 7 8 8 DISABILITY. WAGE PLAN I. PURPOSE One of the greatest concerns ofany.of us who work at a regular. job is the possibility of lost income during periods when we are prevented: from working because of illness or injury_ Recognizing this, the City for many years has continued in full or in part, the pay of regular employees during such periods_ On August 1, 1972, the standard "sick Ieave" plan was replaced by a. Disability .Wage Plan_ Effective this Disability Wage plan was updated and is described in this pamphlet_ . The Disability Wage Plan is one of the most important benefits you enjoy as a regular employee, yet it costs you nothing_ It is a benefit paid for entirely by the City_ Your obligation is to notify your supervisor or thePersonnel Office as soon as possible when you become ill or disabled, and to keep them informed of the date you expect to return to work_ 2. ELIGIBILITY If you are a regular employee, you are eligible -for the benefits of this Disability Wage Plan in accordance with the number of months or years of service, which you have completed, unless you are covered by a collective bargaining agreement, which provides a separate disability wage plan_ Regular part -time employees shall participate in sick leave benefits proportioned to their fixed work ratios. These Disability Wage Plan benefits shall apply to all offices, positions and employment in service of the City, except: 2.1 Elective officers in the performance of their duties; 2.2 Members of appointive boards, comnnissions and committees; 2.3 Persons engaged under contract to supply expert, professional technical, or other services; 2.4 Volunteer personnel, such as volunteer auxiliary firefighters and public safety officer; 2.5 City Attorney; 2.6 Limited Service Personnel: .26.1 Temporary or seasonal employees employed by the City. 26.2 Part time employees paid by the hour or day Sick leave shalt not be considered as a right, which an employee may use at his/her discretion and shall be allowed only in case of actual sickness or disability. No punitive actions shall be imposed on employees taking}.ustifiable sick leave, 1 wl 3- LENGTH OF SERVICE SCHEDULE If you a regular employee and are ill or disabled as a result of non - work - related* circumstances, your pay will be continued by the City in'accordance with your length of service under the following schedule: (For all eligible employee except Public Safety Officer /Community Services Officer hired after August l,. . 1989 -) - Completed Months Week's Benefits- (PLUS) Week's Benefits of Service at Full Pay at Half Pay 3 0 I 6 0 2 0 9 p. 3 Completed Years Week's Benefits (PLUS) Week's Benefits Of Service at Full Pay at Half Pay .. . t .. 147 2 / 3 3 10. 4 4 13 . 5 5 1 ti 6 6 .19 - 7 22 8 g 25 . .9 9 28... a 10 10 32 I1 11 31 12 12 30 13 13 29 14 14 Z8 s 15 15 27. 16 16 26' 17 17 25 .. . 18 18 24. 19 1.9 23 20 20 22 .. . 21 21 21 22 22 20 23 23 19 24 24 18 25 25 17 26 or more 26 16 For all Public Safety Officer /Community Services Officers hired after August 1, 1989: Hours Earned . Hours Earned Maximum Hours Monthly Annually of Accumulation 8 96 1,200 *For application of the Plan to work - related injury or illness, see page 8. 4. PERIODIC INCREASE IN BENEFITS 4.1 At the completion of each employee's (except Public Safety Officers /Community Services Officers hired after August 1, 1989) established anniversary "year of service ", benefits will be increased in keeping with the appropriate length of service schedule. 4.2 For Public Safety Officer /Community-Services Officers hired after August 1,. 1989, at the completion of the employee's established. monthly anniversary, benefits will be increased in keeping with the appropriate length of service schedule. 5. BENEFITS RENEWAL — 26 WEEK RULE Whenever a regular employee has worked twenty -six (26) weeks or more since their last reported injury/illness, the maximum amount of benefits is renewed. automatically izi accordance with length of service_ An employee is always eligible for the maximum amount of scheduled benefits, less any amount of paid sick leave they have used_ (The aforernrreiitioned benefits rehewall26 week rule does not apply to Public Safety Officer /Community Services Officers hired after August 1, 1989.) 6. HOW BENEFITS ARE CALCULATED An employee's disability pay will be calculated on the basis of the employee's normal earnings exclusive of overtime. T ACTIVE WORK /AUTHORIZED LEAVE REQUIREMENT . Sick leave benefits shall be earned and accrued to regular employees wlio are actively working or are taking leave due to an approved City program or benefit. Sick leave benefits or accruals do not apply to employees on absences from work for over ninety (90) consecutive days-' 8. PROOF OF CLAIM 8.1 Employees may be required to support their claim for disability by proper medical evidence_ The City reserves the right to decide when an employee is disabled and when they are able to return to work on the basis of the advice of physicians employed by, or approved by, the City. 8.2 The City may require an employee to provide a medical doctor's statement prior to permitting the . employee to return to work following the use of any sick leave. 9. NOTIFICATION REQUIRED When an employee becomes ill or disabled, the employee must give notice immediately to the employee's supervisor or the Personnel Office_ Normally, the employee's.sick Ieave benefits will not start until the day such notice has been received by the City. Employees are also asked to notify, the City as soon as possible when they expect to return to work. Notice may be given by telephone; letter or message delivered by a fellow employee_ It is important, however, that the employee's supervisor know when the employee may be expected to return in order that reassignment of temporary replacements may be handled in an orderly manner. •10. ABSENCE REPORTING In all instances when an employee is absent from his /her scheduled work more that fifteen (15) minutes, an Employee Absence Report form must be properly submitted. 11_ CONDITIONS COVERED 11.1 An employee's non - industrial illness or injury. Leaves. of more than.five (5) days for . this reason requires a doctor's certificate indicating absence from work was necessary_ At the City Manager's discretion, a doctor's certificate may be requested for illnesses of less .than .five (5) days; 11.2 An employee's non - industrial dental, eye or other physical or medical examination or. treatment by a licensed practitioner. Leave for this purpose may be limited to four (4) hours in any one working day at the discretion of the department head; i 1.3 Providing .necessary care for an ill or injured member of-the immediate family. Absences of more than one (1) days for this reason require a.doctor's statement indicating that the employee's presence was required. Leaves for this purpose are limited to three (3) workdays; 11.4 Family Care Leave: Employees may request an unpaid leave of absence (farnily care leave) for a newborn or newly adopted child, or to care for a. seriously ill family member: Requests for family care leave shall comply with the requirements of Assembly Bill 77_ For specific information regarding family care leave contact the City's Personnel Office_: 11.5 Death/bereavement leave in the immediate family_ Employees may use up to three (3) days of their accrued sick leave (or death/bereavement leave benefits as provided in any applicable Memorandum of Agreement) when there is a death in their immediate family. Immediate family in this case means: spouse, father, father -in -law, mother, mother -in -law; brother, sister, child (including step - children), stepparents, grandparents, grandchildren and relationships in loco-parentis- 11.6 For the purpose of charging sick leave, the minimum sick leave chargeable shall be one (1) working hour. 12. CONDITIONS NOT COVERED An employee will not be entitled to disability pay under this Plan if the injury or illness: 12.1 is intentially self - inflicted; 12.2 is due to intoxication, or the use of narcotics or habit forming drugs; 12.3 resulted from participating in a criminal act; 12A resulted from participating in a riot; . 12.5 resulted from working for an employer other than the City,' 12.6 during a layoff, leave of absence of disciplinary suspension; and/or 12.7 after a termination date. 13- PREGNANCY OR MATERNITY LEAVE 13.1 A regular employee shall be entitled to utilize full pay nonindustrial sick leave benefits and other accrued leave on the same basis as other employees who are temporarily disabled due to anon- industrial illness or injury. For those. employees who have over one (1). year of continuous service, that. employee shall be entitled to utilize either a0cru -6d full pay non- industrial sick leave 'or a minimum of three.( '3y weeks -accrued half pay non- industrial sick leave, whichever is greater. Such disability` leave on account of normal pregnancy or childbirth shall not exceed (9) weeks; A probationary employee having completed less than one (1) year of service shall be entitled to utilize any accrued half pay non - industrial sick leave benefits'and other accrued leave on the same basis as other employees who are temporarily disabled due to a non- indu injury strial illness'or 132 While the employee is on paid leave status- -vice credits shall continue to accrue and the City shall continue payments toward group insurance and retirement coverage: Leave shall commence upon certification from the employee's attending physician that slie is no .longer capable of performing the duties of her position without undue risk to herself or other persons; 13.3 In no event shall the employee's' paid leave exceed the total of the employee's, accumuiated.but unused full..pay non - industrial sick leave, o-. ras specified, half.pay non- industrial sick leave, and other accrued leave; 13.4 An employee may be absent from employment for a reasonaiile.coliective period of . time not to'exceed four (4) months (including period of paid sick leave) during the time of pregnancy and post - pregnancy period. During this period of time, the employee may.utilize any. accrued vacation time. Unpaid leave shall lie granted only for'disability due to the pregnancy, the subsequent childbirth; or other termination of the pregnancy_ No such absence without pay shall be granted until the employee has exhausted all accumulated full pay, or as specified, half pay non - industrial sick leave; 115 Upon expiration of approved.Ieave, an employee shall be reinstated to her former position or to a comparable one unless reinstatement to the former or comparable position is not possible because of legitimate business reasons unrelated to fhe employee's pregnancy; 13.6 An employee may request an unpaid leave of absence (under Section 28. 1, City . Manager's Administrative Policy No. 1, Personnel Rules & Regulations) at the conclusion of her disability./maternity leave. Such leave shall be granted or denied on the same basis as leaves for other employees_ 14. PATERNITY LEAVE Regular employees may request a paternity leave of absence following the birth of a child. in accordance with any applicable Memorandum of Agreement or Outline of Conditions of Employment. Regular City employees. who are.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 pennanent_ They may involve-duties. that differ from the normal work duties- of the erraployee_ Such light, limited,. or modified duty shall terminate when the employee is physically or mentally able to perform all his /her normal work duties_ 16. EFFECT ON VACATIONS 16.1 If an employee is on a vacation and becomes ill or injured, the Disability Wage Plan will not apply until the day the employee is scheduled to return to work. 16.2 The disability benefits described herein are entirely separate from any vacation to which an . employee's service may entitle them_ Under most circumstances, disability absence will not disqualify an employee for eligibility for a vacation. In some cases, however, prolonged periods of disability may affect an employee's vacation eligibility. 17. SICK LEAVE WITHOUT. PAY 17.1 If an employee is not yet entitled to sick leave benefits as provided heiein, or has exhausted His/her accumulated sick leave benefits, said employee shall be considered on leave without pay 17.2 In such case'of an employee on. leave without pay for a period of three (3) days or.more, the City Manager's office may at his discretion and on a case -by -case basis grant the employee a leave without pay, upon receipt of such a request in writing from the employee. 17.3 An employee may not use accrued compensatory time to cover-sick leave without pay. 18. HOLIDAYS DURING DISABILITY If a holiday occurs during a period when an employee is disabled, the holiday will not be charged against. the days of.disability pay for which the employee is eligible_ 19. EFFECT ON RETIREMENT Accrued sick leave shall not be used to extend a date of retirement from City service. However, any unused sick leave may be applied as service credit towards an employee's retireni.ent account. For additional information regarding this matter contact the Personnel Office or a Public Employees Retirement System representative. 20. SICK LEAVE BENEFITS MISUSE The City shall revoke pay, sick leave time and. take appropriate disciplinary action if the employee using sick leave is not sick or has engaged in private or other public work while on sick leave_ } 21. TEMPORARY LAYOFFS If an employee is receiving disability pay at the time when the employee would otherwise have been temporarily laid off, the employee's disability pay normally will be continued in accordance with the length of service schedule, as long as the employee's illness or injury , prevents them from working.. Naturally, this provision only applies in the case of temporary layoffs when there is a clear-cut, expectancy that the employee will be recalled, to work within a short time. Any layoff is subject to the American with Disabilities Act (ADA) requirement that the layoff is for the stated purpose and not a pretext for terminating employee(s) with disabilities. 22_ LONGTERM DISABILITY This Disability Wage Plan; or any other such applicable plan, shall be considered the primary plan. and. all benefits therein must be exhausted prior to eligibility for the City's Long Term Disability Plan. For additional information regarding the City's Long Term Disability Plan contact the Personnel Office. 23. EMPLOYEE DEATH Upon the death of an employee, any unused sick leave shall not be paid to the employee's surviving spouse or legal dependents. However, any said unused sick leave may be applied as service credit for the . deceased employee's retirement account. For additional information regarding this matter contact the Personnel Office or .a Public Employees Retirement System representative. 24. CHANGES IN PLAN City management hopes and expects to continue the Disability Wage Plan indefinitely, but as future conditions cannot be foreseen, the City reserves the right to change or discontinue this PIan at any lime. , Employees may be assured however that only.the most serious circumstances would result in the discontinuance or curtailment of the Plain. Nothing contained herein shall be deemed to supersede the provisions of any applicable State law, City ordinance, resolution, rule or regulation. The City retains and has the exclusive decision - making authority to manage the policies and provisions of this document so long as such exclusive authority is in conformance with any and all applicable laws and statutes. for same_ 25- NON - DISCRIMINATION In receiving the benefits afforded by this Disability Wage Plan, no person shall in any way be favored or discriminated against to the extent prohibited bylaw 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_ 2b_ ADDITIONAL INFORMATION Employee's seeking further information regarding the.administration of this Plan are welcome to contact the City's Personnel Office. i I. SEPARATE SCHEDULES INDUSTRIAL DISABILITIES The benefits which you are provided under the Disability Wage Plait for industrial illness or injury are separate and distinct from the benefits provided for non - industrial illness or injury. You may receive separate disability wage payments for both industrial and non- industrial illnesses or injuries — but not both types at the same time_ 2. EFFECT ON WORKERS' COMPENSATION If you become disabled as a result of an industrial injury, Workers' Compensation will be payable to you in accordance with the applicable laws of the State. Sick leave benefits shall not be used for an industrial injury or illness_ RESOLUTION NO. 2007-178 RESOLUTION OF THE COUNCIL OF THE CITY OF ROHNERT PARK RESCINDING RESOLUTION NO. 96-203 AND ESTABLISHING AN ALTERNATE BENEFIT PROGRAM FOR ELIGIBLE ACTIVE EMPLOYEES WHEREAS, the City provides health insurance for eligible, active employees and contributes towards medical insurance premiums for health insurance; and WHEREAS, some eligible, active employees have health insurance coverage from a source other than the City; resulting in dual coverage; and WHEREAS, the City Council adopted Resolution No. 96 -203, establishing a dual health insurance premium reimbursement program policy for employees who have health insurance from a source other than the City; and WHEREAS, the City wishes to continue providing an alternate benefit program to eligible, active employees who have health insurance from a source other than the City to benefit both the employees and the City; and WHEREAS, the City and representatives of its employee groups have determined to define the amount of the alternate benefit within. memoranda of agreement. NOW, THEREFORE, BE IT RESOLVED that Resolution No: 96 -203 is . rescinded. BE IT FURTHER RESOLVED that 1) the alternate benefit amount shall be established in memoranda of agreement or outlines of certain conditions of employment that govern employees' compensation and benefits. 2) the alternate benefit amount is not salary or compensation and the benefit may only be directed into an employee's deferred compensation account, toward CalPERS service credit, or for the purchase of supplemental life insurance and /or any other eligible benefit program approved and authorized by the City. 3). the City and eligible, active employees are subject to all applicable laws, rules and contracts of third parties such as the IRS, CalPERS, and health insurance providers_ Eligibility and continuation of the Alternate Benefit Program is subject to compliance with applicable laws, rules and contracts. BE IT FURTHER RESOLVED that the City hereby establishes this alternate benefit program effective December i, 2007 and the City Manager -is authorized to administer said program. DULY AND REGULARLY ADOPTED this 231a day of October, 2007. CITY OF ROHNERT PARK bGlcr� t Mayor A 9rrrL -CT. RESOLUTION NO. 97- 200 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROHNERT PARK THAT IMPLEMENTS THE REPORTING OF THE CALPERS EMPLOYER. PAID MEMBER CONTRIBUTIONS AS ADDITIONAL COMPENSATION FOR MANAGEMENT EMPLOYEES WHEREAS, the City of Rohnert Park has the authority to implement Government Code Section 20636, pursuant to. Section 20691; WHEREAS, the City of Rohnert Park has a written labor agreement, known as the outline of Certain Conditions of Employment and Benefits for Management Employees, which specifically provides for the inclusion of normal member contributions paid by the employer on behalf of the members as additional. compensation; WHEREAS, one of the steps in the procedure to implement this section is the adoption by the City Council of the City of Rohnert Park_of a Resolution giving notice of its intention to commence reporting the value of employer paid member contributions (EMPC) as compensation for all members of a group or class; WHEREAS, the following. is a statement of the proposed change in reporting compensation to CalPERS; The City of Rohnert :Park elects to'pay.7 °lo of employees' compensation earnable as Employer Paid Member Contributions and report the same 7 % of compensation earnable as additional compensation. This benefit shall. apply to all employees that arer designated members of the Man Group. agement Employee This benefit shall be effective on January. 1.,1998; NOW, THEREFORE, BE 1T RESOLVED, that the City Council of the City of Rohnert Park shall implementGovernment Code Section 206 6, pursuant to Section 20691, by paying and reporting the value of Employer Paid Member Contributions for A employees of the Manag ement Em to ee Gro g P Y up, as indicated above. DULY AND REGULARITY ADOPTED this November 10, 1997. CITY OF -A 1 01 4ayor" PARK ATTEST: A Y E- 114ACMNZIE - A.YE REILLY AYE VIDAK- MARTINEZ AYE SFIRO AYE' AYES:. ---E_. .NOES: 0 ABSENT: 0 ABSTAIN: 0. RESOLUTION NO. 2001 - 270 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROHNERT PARK AMENDING THE CATASTROPHIC LEAVE PROGRAM FOR ELIGIBLE, ACTIVE EMPLOYEES WHEREAS, the City has established a system and pool whereby employees of the City of Rohnert Park may donate and use vacation hours ..to alleviate financial hardship. in catastrophic circumstances; and WHEREAS, -the City. wishes. to expand the program. to include the donation of " compensatory hours; and WHEREAS,: the City. agreed in the meet and confer process with employee.. groups. to establish. a Catastrophic Leave Program. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Rohnert Paik hereby adopts and approves "Exhibit A ". hereby attached as it's Amended Catastrophic Leave Program for, eligible active employees. BE IT .FURTHER RESOLVED that the City hereby establishes this Amended. Catastrophic Leave Program and that the City Manager is authorized to administer said program. DULY AND REGULARLY ADOPTED this 11'" day of December, 2001. CITY CITY OF ROHNERT PARK jMayo FLORES: AYE REILLY: AYE SPIRO: AYE VIDAK- MARTINEZ: AYE MACKENZIE: AYE AYES: (5) NOES: (0) ABSENT: (0) ABSTAIN: (0) _ EXHIBIT "A" AMENDED CATASTROPHIC LEAVE PROGRAM Purpose The purpose of the.. Catastrophic Leave Program is. to- -establish a system and pool whereby, employees 'of. the City of Rohnert Park may donate vacation and compensatory hours to a pool for an employee in need who meets the criteria to obtain Catastrophic Leave to alleviate financial hardship. Catastrophic Leave Pool ' All regular full -time and part-time employees of the City of`Rohnert Park may'donate up to forty (40) hours of his /her vacation time_ per calendar year into the Catastrophic Leave Pool. The donating employee must have a vacation leave balance of at least forty (40) hours after the donation of vacation. time. All regular, full -time and part -time employees -of the City of Rohnert. Park may donate up to forty (40) hours of his/her compensatory time. per calendaryear into the Catastrophic Leave Pool. The donating employee is not required to have a' time balance after the donation of the compensatory..time_ All time donated will be credited on an hour =for. hour basis regardless o hourly pay differential. The Personnel Office will. account for the donation and disburse catastrophic leave hours. . Catastrophic Leave Catastrophic Leave is hours of time which have been donated into a pool and may be used by an employee in need and who meets the criteria of thisprogram_ Catastrophic leave may be used for an absence due to a verifiable long -term illness or injury such as; but not limited to-, cancer. and heart conditions which clearly incapacitate the employee; for a serious .illness or injury to a spouse, child, parent or other dependent who is in need of the employee's care_ Eligibility To be eligible to apply for hours of catastrophic leave, an. employee must be a regular, full -time or part -time employee who has completed:.2084 _hours or one -year of employment with the City, and has exhausted all other benefits available for which they are entitled_ Catastrophic Leave shall not be used in conjunction with- any other long -term or short- term disability programs, Social Security ' or Workers' Compensation Benefits. Catastrophic Leave may not be used to extend a date of retirement.. Should this program conflict with any other provision of law, applicable Government Codes or CalPERS regulations, -the City .will .comply with those provisions: and not the Amended Catastrophic Leave Program: CATASTROPHIC LEAVE PROGRAM PAGE 2 OF 2 The City reserves the right to require the employee to provide medical or other verification that they have met the criteria established in this policy. While an employee is utilizing Catastrophic Leave, they do not accrue any vacation or sick leave benefits. Leave Requests Any employee who meets the above criteria may submit a request for Catastrophic Leave through his /her Department Head to the City Manager. The City Manager will determine eligibility and approveldeny leave requests as outlined in this policy. Determinations made by the City Manager may- be appealed to the Leave Appeal Committee within ten (10) calendar days of the City Manager's decision: A majority decision of the Leave Appeal Committee is final and binding. The Leave Appeal Committee shall consist of one representative from each of the following .bargaining units: Rohnert Park Employees' Association (RPEA), Rohnert Park Public Safety Officers' Association (RPPSOA), and the Service Employees' International Union (SEIU }_ Leave requests may be approved for up to 480 hours per employee, per catastrophic need event. APPROVED BY RESOLUTION NO. 97-165 AMENDED BY RESOLUTION NO. 01- 270 , DATED 12/11/01 RESOLUTION NO. 2004 - 299 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROHNERT PARK APPROVING REVISED PERSONNEL RULES AND REGULATIONS WHEREAS, the City Council initially approved Personnel Rules and Regulations on April 11, 1966. with the rules and regulations being presented as City Manager's Administrative Policy No. 1; and WHEREAS, the City Council approved revisions to the Personnel Rules and Regulations on April 25,1983; and WHEREAS, the City. Council approved further revisions to the Personnel Rules and Regulations on November 12, 1991; and WHEREAS, the existing Personnel Rules and Regulations require updating to be in compliance with current.state and federal law; and WHEREAS, the City consulted with McDonough Holland & Allen, the law firm representing the City's legal interests, to provide recommendations on drafting revised Personnel Rules and Regulations compliant with existing state and federal laws; and WHEREAS, revisions are proposed to the existing Personnel Rules and Regulations to .ensure legal compliance, provide greater direction to City employees regarding the City's personnel' policies, and include policies enacted by the City Council since 1991; and WHEREAS, the revisions have been discussed with the employee organizations as" required by the meet and confer laws of the State and the revisions have received approval by the employee organizations; and WHEREAS, the City Council has been presented the revisions to the Personnel Rules and Regulations and has found them satisfactory. NOW, THEREFORE, BE IT RESOLVED by the Rohnert Park City Council that the Personnel Rules and Regulations presented as revised and dated November 9, 2004 :are hereby approved_ DULY AND. REGULARLY ADOPTED this 9`n day of ATTEST: DePuty City Clerk Fi RFS: AVE MACKENZIE_ ABSENT S RA Uri AYE �-�T1NEZ -: AYE NM01N_ AYE AYES: (� NAES_ (0) ABSENT. (1) AB5rA3N: (0) crfYOF R014NERT PARK F'efsnnnel Rules and Regulations CITY MANAGER'S ADMINISTRATIVE POLICY NO 1; PERSONNEL RULES AND REGULATIONS TY OF ROEiNERT PARK :fsonnel Rules and Regulations NOVEMBER 9, 2004 Page 1 of 33 ,ITY OF RO-tNERT PARK 'ersonnei Rules and. Regulations s TABLE OF CONTENTS SECTION 1 - INTRODUCTION ------------------------------------ --------------------------- - - - -•- _- --------- - - -:.- -PAGES 3 - 5 SECTION 2 - PAY PLANS AND COMPENSATION-__:------------- •------ •-- ..._._-- •----- _ - -_ -- ----- :: - - - - -- -PAGES 5 - 8 SECTION 3 - BENEFITS ............................ -- =-- - ----=- -- - - = - -- ::..:__:,_.:. �_ - --•- PAGES 8 - 20 SECTION 4 - IN -HOUSE RECRUITMENT ............. ...... .:...::...:;.w_.------ ...._.. :.:.---- ::_- ;:_::- ..:::._PAGES 20 - 21 _ SECTION 5 - RECRUITMENT PROCESS ........... - .. .. - - - - - - - =- ---- -= - - - - -- - PAGES 21 - 27 SECTION 6 - SEPARATION AND REINSTATEMENT ___. :::;:::;_:;..:- �_.:,:: :::___ -PAGES 27 - 29 SECTION 7 -INCOMPATIBLE ACTIVITYICONt= LtCTS•OF INTEREST ::..__.__.._,_:PAGES 29- 30 SECTION 8 - DISCIPLINARY ACTION '----------- - ------ __ ............... ---- :_-- _---- _ ---- _- _ :_ -__.- . ...... .__.__.... PAGES-30 - 36 GLOSSARY - DEFINITION OF TERMS ------- •--_---------------- -------------------------- - •------ _-- •------------- --- PAGES 36 - 39 RESOLUTIONS EFFECTING PERSONNEL POLICIES RESO 79 -22 - EMPLOYEE GRIEVANCE PROCEDURE RESO 92 -78 - EQUAL OPPORTUNITY EMPLOYER RESO 92 -79 - POLICY AGAINST DISCRIMINATION BASED ON DISABILITY -ADA RESO 93 -38 - AGAINST HARASSMENT RE SO 99 -01 - ELECTRONIC MEDIA USE RESO 91 -192 - ANTI -DRUG POLICY RESO 87 -117 - DEPENDENT CARE ASSISTANCE PROGRAM RESO 00-10 - EMPLOYEE COMPUTER PURCHASE PROGRAM .'(PERMANENT AS OF 2004) RE SO 03-71 -- PROVIDING FOR CONTINUATION OF SALARY AND BENEFITS FOR ELIGIBLE CITY EMPLOYEES CALLED TO ACTIVE' MILITARY DUTY OR TRAINING RESO 0-235 - OUTLINE OF THE CITY'S COMPLIANCE WITH THE HEALTH INSURANCE PORTABILITY AND ACCOU14TABILI•IV ACT OF 1996 CITY OF ROHNERT PARK Page 2 of. 39 Personnel Rules and Regulations CITY OF RQHNERT PARK Personnel Rules and Regulations I SECTION 1 - INTRODUCTION. A_ Purpose - The City Manager, as Personnel Officer for .the City or his/her designee is charged with the responsibility of the Citys personnel _practices. is order to establish an equitable and uniform procedure for dealing with personnel matters and to afiraet to municipal• service the best and most* competent persons available; lb assure that appointment and promotions of persons Will be based on merit and fitness and to provide a reasonabie degree of security for qualified.erriployees, the foltowing rules and regulations are established_ 3- Coverage - These rules and regulations apply to all offices, all regular full-time employees, regular pail- time employees, and all positions and employments in the service of the City, except; 1 _ Elective officers in the performance of their elective duties. and Members of appointed boards, . commissions and committees. 2. Persons engaged under contract to supply expert, professional, technical or other services_ 3. Volunteer personnel, such as volunteer auxiliary .firefighters and public safely reserve officers_ . 4- City Manager and City. Attorney_ 5. Probationary employees, except. as expresstyprovided herein_ 6- Limited Service Personnef:(i_e_ ten)porary or seasonal employees employee by the City not more than six (6) months during the fiscal year for special purposes) 7. Part -fime employees paid -by the dour or.. day who do employees_ riot: meet.the definition of regular part-tune General Provisions - 1. The City expresstyprohibits discrimination in-:ernpbymeitVon the basis of race, religious creed, color, national or ethnic origin, ancestry, mental or. physical dsabilr�y, medical condition, martial status, sex, sexual preference, political opinion, political affiliation or on t#ie.basis that an individual is age forty sex, or over, or anyolher ;basis protected by federal, state or local taw_ 2- An employee's work performance will- be evaluated by' . heri iinrried�ie supervisor designee at least once a year on a form for or the supervisor's their evaluations in felt With eaclt.errtployee, oi3rt ebY the Personnel Officer_ Supervisors will discuss employee has done an outstanding oals'and expectations, -and point out where the 91ob and suggest ways in which job performance can be enhanced_ 3_ All regular appointments include a probationary period months for misc lla 'as_providkd herein of. not less. titan twelve(12) eneous employees, not less. tiiar► twenty- flour::(24) months for mana employees; not less than eighteen (18) months -tor dispatch employees,. a cent (18) m nd not less onths for Public Safety sworn employees. - than eighteen a_ Promotional appointments include a probationary peripd-of not..less than six (6) months for non supervisorY employees and. twelve (12) months for supervisors (lttcludes management classifications). 4. E►Ttployees. must be physically and menially able io.perfoitn -the essertlial functions of the job, with or without reasonable accomrr►odation_ fY OF ROHNERT PARK rsonnel"Rules and Regulations Page 3 of 39 _�1TY OF ROHNERT PARK , f 'ersonnel Rules and Regulations S_ .The City reserves the right to amend these rules. and agrees to meet and confer with representatives of recognized employee organizations on those changes that are within the scope of representation. 6_ Nothing herein prevents or restricts the City's right to contract for performance of expert, professional, technicalor any other 'services_ 7_ Nothing Herein prevents or restricts a Supervisor ,from issuing departmental rules, policies of regulations needed for the efficient operation of a City department_ 8. The definitions applicable throughout these rules are set forth in the attached Glossary and are hereby incorporated by reference_ D. Par gaininq Units - If any outline of conditions of employment or memorandum of agreement between a recognized employee organization and the City conflicts with the provisions of . these rules, then the provisions of the memorandum of agreement will prevail. E_ Personnel Records In the case of personnel records, the term "personnel records" means any file maintained under the individual's name by his or her employing agency containing records .relating to personal data,. including marital. status, family members, educational and- employment history, or similar information, medical history, electron of employee benefits, and employment advancement, appraisal, or discipline. 1. The City maintains personnel files for all employees which contain all records, files and documentation used to determine the employee's qualifications, performance, promotion, additional compensation, or termination or other disciplinary action_ a. Each employee must promptly notify the Human Resources Department of any changes in relevant personal information;: including but not limited to; mailing- address; telephone number; names) of dependent(s); and persons to contact in .an emergency, along with contact information. b. Personnel files are deemed confidential, unless the employee consents to a disclosure in writing or the City is required 'to disclose: such, material by law.. City personnel have access to confidential personnel files only.orf a "need to know" basis. for legitimate business7easons. 2.. The City maintains a confidential file for all employees which contains alt medical information about an employee or applicant. Information in this confidential" file is obtained and maintained in accordance. with stale and federal taw (e.g- the Caldorriia Confidentiality of Medical information Act and the federal Health tnsufance 'Portability and Accountability Act ( "HIPW City personnel have. access to . confidential medical files. only on a "need to.know ".basis for - legitimate reasons. 3_ Ail inquiries from outside agencies, firms, or individuals concerning personnel will be referred to the Human Resources Department for handling and response_ This includes,. but is not limited to, inquiries concerning employee perfc>rrrs$nW..or evaluation in connection with new employment opportunities and employment verificat -ion cheeks for financing purposes_ Tdiis procedure applies to bolts former and present employees= a: 'Absent a written: release from the er,iployee, the Human Resources Department provides only dates. of hire and termination, position title, , to pay range_ b- Information disseminated to inquiring parties will be extracted from the personnel files in the .Human Resources Department_ The City's written response to inquiries will be made .a part of the employee's personnet fie and will be available for hislher.scrutiny.. CITY OF ROHNERT PARK Page 4 of 39 Personnel .Rules and Regulalions CITY OF ROHNERT PARK Personnel, Rules and Regulations i 4. Any employee who wishes to review .his or her; personnel records should contact the Human - Resources Deparlment .and set up an appointment at a.mutually agreed u be done in the presence of the Human Resources Assistant. or his /her designee ee at the local on where s the file is stored and at no loss of compensation to the employee_ An employee may request a copy of any employment- related document that he /she•has signed. This subsection employees covered by the does not apply lo.those et seq.} Public Safety Officers' Procedural Bill. of Rights (government Code §3304. a. An erriptoyee is not entitled to inspect records set forth in Labor -:Code,section .1 i98.5(d} as it may from time to time, be amendo' _ impact records- relating to the.investigation'of acriminal offense or letters of reference_ i b. An employee is not entitled to inspect complaints, or in even) or transaction in which vestigation of complaints, concerning'an fhe employee was. involved• or participated to the extent that the disclosure of such information would constitute an UnWarranted invasion, of personal privacy. 5. Employees have the right to respond in.-Writing to an .evatuation report Such responses must be submitted wilhin thirty.(30) calendar days of t�tie Placed luation their nler and w ersonnel fl. be included in the personnel file•records_ Destruction of Records - The employee personnel• •records-are considered a. permanent record and all personnel file documents are retained by the City for the duration of the employee's period of employment and for any subsequent period required by law_ a. The records of former employees. are retained In accordance oVith the schedule eslablished in Resolution 90-161. b. Shredding destroys personnel records that have reached the time limit established in Resolution . SECT #ON 2 = PAY. PL ANS AN© CQ RENSAT #ON Classification Ptan.- 1_ Creation of classifications_ The City Couneil, upon create a classification plan for City employees_ Ech position shalt be appted to Personnel a class Officer, shall enlTired by class title_ Positions shalt have. the same Flass We when the ciyp #ot nz to the same specification or. when the positions' descriptions are" su#iiciently similar.• as to y responsibilities, level of .supervision; and other characterislics_�ir�iops' educational requirements, 2. Specification of classes.. A "class may_ include more than ".one - position: Each class will have a specification, which, includes: a concise, title, a brief definition, a.descrip {ion of the essential job duties •.and respor#ssbilities, a statement of special requirerneiits, and a statement of desirable qualifications_ - 3_ Reclassification_ The Personnel Officer. is responsible for reviewing the duties, anti responsibilities Positions and recommending to .the' City CoUMA the.'ereatiori of new of existing classes_ The Personnel.Officershalt review elassifications arx# m ke determirratroris�irr the bolifion. Of following situations- o- Upon the recommendation of-the Supervisor or upon the request of an employee, the Personnel Officer has the right to reallocate a position to a different class whenever ifs duties change materially, provided the reclassification can be accomplished : within • budget .limitations. The Personnel Officer has the discretion to-determine when .the duties Kaye maierratty citanged vuThe Y OF ROHNERT PARK rsonnel Rules and Regulations Page 5 of 39 CITY OF ROt-NERT PARK Personnel Rules and Regulations warrant a reclassification_ To process reclassifications in a timely manner, the following process- will be followed: i_ Supervisor or employee submits a request of reclassification to the Human Resources Department_ ii. Within fifteen (15) working days, the Human Resources Department makes an initial determination whether, the employee's ongoing job duties and responsibilities warrant a position reclassfication. Once completed, the Human Resources Department forwards its recommendations to the Personnel Officer. iii_ Within fifteen (15) working days the Personnel Officer.affirms or modifies the Human Resource - Department's recommendations. Asa general guideline, the Personnel Officer MI provide the following conclusions to the employee and his or her supervisor: re- assign work duties so the employee is no longer working outside of classification, appoint employee to .existing classification with greater responsibility, or create. a. new .classification that more accuratelyreffecis the employee's ongoing job duties and responsibilities_' b. When► the duties of a position so change that no appropriate class for it exists, the Personnel Officer must prepare an appropriate class specifica ;ion for it and submit it to the City Council for- approval. c: Reclassification of a position may not be used to circumvent the rules and regulations concerning demotion, promotion, or compensation. B. -'Sala R es flans and Cum ensation 1 _ Meet and confer. The City will meet and confer. regarding changes to salary rates or salary ranges -affecting existing employees represented by a recognized employee organization_ After meeting and conferring, the Personnel Officer will prepare the pay plan, which establishes a flat rate or salary range for -each class. 2. Changes to salary ranges. When the City Council changes a salary range for a class, all employees' salaries in the class will be adjusted to the corresponding step in the new-range, 3. . Transfer to another .class_ An employee whose positron is moved from one class. to another class- that has the same salary range, does not receive a. change in salary. When an employee is moved from one class to a class with a higher maximum salary, the- employee's salary in the higher class will be the minimum salary for that class, unless that minimum is tower than, or the' same as, the ernployee's-salary at the time of the move: In that event, the employee will receive the next higher step. within the pay.range of.the higher class_. Employees receiving a promotion will receive at least a 6 %d increase in salary unless limited by the• salary range maximum. The new review date for promoted employees is the date of promotion or in six (6) months if the employee in placed at Step A- 4- Demotiions. When an employee is demoted, (moved from one class to a class with a lower maximum salarjr),. the Personnel Officer will set the employee's salary within the range of the class to which the employee has been demoted. -Irn this event, the employee's anniversary dale will be the same as the effective Aate of demotion for purposes of conducting performance reviews and making corresponding salary adjustments_ The employee's original hire date will continue to determine his or her erigibility for other types of benefits and leave accruals. 5. R.eclassifications.. Arr employee. whose position is reclassified from one class to a class with a lower maximum salary retains his/her original anniversary date. A reclassified employee retains the salary. of the. higher class if the _ernptoyee's salary at the time of reclassification does not exceed the maximum 'salary for positions bf the lower class. If that salary does exceed that maximum, the CITY OF ROHNERT PARK Page 6 of 39 Personnel Rules and Regulations CITY -OF ROHNERT PARK Personnel Rules and Regulations employee will continue to receive his /her present salary until such Time as salary for' the the`maximurrz class exceeds his /her rate of-pay- C- Employee Perforriiance Review and /or Evaivatio» - The performance evaluation process is intended to Conducted" prodttctiviiy and foster communication between supervisors and employees__ Evaluations should be conducted at least annually in accordance with the schedule set forth for that employee's job classification and should be based upon position - specific performance elements 'and work standards: The evaluation must indicate clearly whether. overall "perforrparice is superior, satisfactory, or' substandard: The review Process must'provide for employee feedback and face -to face co mrrtunicatiorr_ Results of the performance. review will be utilized to determine employee's training and development needs_ I. Salary adjustments. Results of the employee's current performance review will be used to determine salary adjustments on 'the "employees anniversary .date_ Employees.whose. work performance is satisfactory will he eligible, for advancement to the next higher step (not to exceed the maximurn) of the salary range_ Employees who receive a less than satisfactory rating may not be eligible for a salary advancement on their anniversary date. 2. Employee review and response,. evaluatio Employee 'wit! be provided" with a copy of his /her performance respond n twenty -four (24) hours .;prior to the evaluation interview_. Employees have The right to in writing to the evaluation report should they so desire- Said responses should be submitted to the reviewerno later than thirty (30) days after the evaluation interview: Contents of an employee's performance evaluation are 'not subject to the grievance procedure_ 3. Copies kept in personnel file_ The employee's complete, -original,; and signed performance evaluation - including any written commerits provided by the employee. is filed in the employee's official personnel file kept in.the Human Resource Deparfinerii_ �- Payf t'eriod -The pay. period .for all employees: is bi- monthly on the €5th and the fast day.of ttie month: When tite`15'" or the last day oCihe moritwfaus on a weekend or holiday;: paychecks�wihl be available the Prior F 15" Aile last becks are to ooth. tributed to the departments and delivered to the employee by noon on the 15r" or the Iasi day of the:month. . i. Time cards. All employees are required to keep.a timeeard and accurate lyrecord all hours worked_ a. Full-time employees_ Regular tuli -time employees Will be paid jor .the prior two-wee period worked - b_ Part -time 'employees. Regular part- bme.and hourly "part tiri3e employees. must submit their timecards to the Finance Departrrrent : on the 5�' 'and :20�` of °the rinorith and v✓il! be paid the following payday for the.time submitted_ 2. Direct deposit. Any employee wishing to have their paycheck directly deposited may do so by" contacting the Finance Department and fi►ii!Q4out the .required documents. :ITY OF.ROHNERT PARK ersonnet RkAes arid Regulations Page 7 of 39 CITY OF ROHNERT PARK Personnel Rules and Regulations E_ .Overtime - Overtime hours must 'be approved in advance by the eriiployee's direct supervisor or Department Head. -Overtime is to be kept to a minimum consistent with maintenance of essential City services. All non - exempt employees will be paid overtime as required by applicable law and in accordance with any provisions in applicable rriemoranda of agreement. F_ -Compensatory_ Time Off_ - Subject to applicable memorandum(s) of -agreement or the outline of certain• employment conditions for non- represented employees, compensatory time off may be'gianted in lieu of overtime pay for overlirrie work performed by eligible employees. Compensatory time off is subject to the accrual cap in the relevant memorandum of agreement- 1- Approval of overtime. Employees must obtain pre - approval before working any overtime_ The Supervisor will authorize such overtime work and will notify the Personnel Officer upon such authorization. The Supervisor is responsible for arranging his/her department so that compensatory time off can be taken_.. 2. CTO for exempt employees_ Management employees and any bona fide exempt personnel will receive administrative leave, as qualified under FLSA, in -tieu of The compensatory time off_ All exempt . personnel must record leaves of four hours or more using the City's "Employee Absence Report" and submit it to the appropriate immediate supervisor. 3. City reserves the'right to pay overtime in lieu of accruing CTO_ At the discretion of the City, certain personnel may be paid for all or a portion of overtime worked'in lieu of accruing CTO. The City can elect to pay employees for overtime worked i€ it is determined z1hat an employee cannot reasonably take the GTO without hindering the performance of essential .City functions_ 4. Pay -out of accrued CTO. The City retains the right to pay ouT unused CTO at all times selected by the City. The current-memoiandum {s) of agreement or outline of certain conditions of,em.pfoyr' ent will' reflect accrual information, time, and manner in which any payment for unused compensatory tme:wiH be trade. 5. Payment upon separation - Upon separation, all employees will be paid a lump sum for all outstanding approved and accrued compensatory time and /or administrative leave_ 6. Use of •CTO- Employees who wish to use CTO must-obtain prior authorization of their Supervisor or Department Head. The Citys policy is to permit the use of CTO within a reasonable period after the. request for use is made. Use of CTO on the specific dates requested by an employee will be permitted as much as reasonably. practicable taking into account the operational needs of the department. To_facilitate scheduling, employees are encouraged to provide as much advance notice as possible of the dates they desire to use CTO_ SECTION 3 - BENEFITS A. Holidays - 1: Scheduled holidays_ The City Council establishes the holidays to be observed by the City for each calendar year, subject to modification by any applicable MOA_ Generally, the City observes. as holidays. those days .proclaimed by the President of the United States, the Governor of the State of Califorrna, and /or the Mayor of the City of Rohnert Park to be public holidays.. Additionally, the City usually observes any day declared by the Governor to be a day of mourning or special observance for State employees. .2. Weekend: holidays. Generally, when a holiday falls on a Saturday, it shall be observed on the preceding Friday_ When a holiday falls on a Sunday; it shall be observed on the following Monday. If a. holiday falls on an employee's regularly 'scheduled day off, the applicable memorandum of CITY OF ROHNERT PARK Page 8 of 39 Personnel Rules and Regulations CITY'OF 110"NERT PARK . . Personmet Rules and Regulations agreement will determine whether the employee is paid holiday pay or given compensatory lime oft_ if any'outiine of conditions of employment or memorandum of agreement conflicts. with this subsection, the provision of the conditions of employment or memorandum of agreement will prevail. 3. . Holiday pay. Regular.full -time and'regufar part -time employees are entitled to receive time off with -pay M their regular rate of pay for the holiday. Regular part -time employees receive either 50% or 75 °!° of the holiday pay as determined by the number of hours per week the employee is normally scheduled to work. An employee who resigns may not select a holiday as the employee's last day of employment. 4. Required work on holiday_ An 'employee whose job performance is essential to maintain public services may be required to work on a holiday. in such cases, the applicable MOA will, specify the pay and /or benefits received for the work performed on holidays. B. Vacation - I- Vacation. policy. All regular full -time and regular part -time employees are entitled to vacation time off work with pay_ Eligible regular part -time employees accrue vacation at the rate of 50 % or 75% of the allotment established for full -time employees as determined by the number of hours the part -time ei-rtployee is regularly scheduled to work- Eligible employees will accrue vacation from the date-of-hire' ate of hire but [nay not take accrued vacation until the completion of six (6) months of continuous service. However, upon completion of six months of service; he/she will be eligible to request a scheduled vacation. This vacation policy is subject to modification through an applicable MOA for represented. 'employees- 2: Vacation accrual_ Vacation accrues for regular full -lime employees according to the following schedules established in the applicable .MOA's or Outline ,of Benefits for the Management and Confidenfral' Units_ 3: Use of vacation - An employee's scheduled vacation must be approved by. his/her supervisor_ The smallest amount of vacation lime that may be used is % hour (15 minutes). An individual may have unused annual vacation leave carried over to the following ., calendar year- If maximum accrual is readied, further vacation accrual will stop_ When the employee uses paid vacation tune and brings the ava7abie amount below the cap, vacation accrual will resume at the regular monthly. accrual. The City may make an exception to the vacation accrual cap in extraordinary circumstances where, due to the.regirirements of City service, 'an- .employee is.required to forego a vacation during. the particular - calendar year. In such cases, the affected employee may apply td the Personnel Officer to increase his or her vacation cap by the number of-days the employee .was not permitted to take as vacation days. The Personnel Officer may, in his or her sole discietion, grant such requests from time to lime_ . 4. .Vacation at term.ination_- Upon termination, an employee shall receive a lump sum payment for the . balance Of accrued vacation hours. Payment for unused vacation shall be made at itie rate t: a m. effect; for such errrpfoyees at the lime of termination: When termination is caused by the death of the employee, pay for unused vacation shall be paid to the same beneficiary the employee has designated for' Life insurance benefits- Beneficiary designation otherwise,, shall be- in writing, signed by the employee and fled with the Finance Department, Pa_yrotE Office_ Vacation accruals are not paid to employees who are employed by the City less than six months, Holidays failing during vacation- When a day designated occurs on a day on which and observed by the City.as a holiday using va an employee is taking vacation, such employee shall not 'be charged as . cation for that -day_ The employee's compensalion for that day sha {t, be holiday pay and he/she shall not be paid or charged for vacation. Thi an applicable MOA for represented employees. s holiday policy is subect to. modification through =1N OF ROHNERT PARK Page 9 of 39 'ersonnel Rures and Regulations CITY OF ROl- NERT PARK Personnel.Rules and Regulations 6_ illness during. vacation_ If an employee becomes ill .©r is injured while on vacation, the time off will still be counted as vacation time and not sick tire_ 7_ Vacation accrual during leave of absence. Employees who are off work on a paid leave shall continue to accrue vacation during the leave period_ Employees who are off work on an unpaid leave shall no longer accrue vacation after ninely (90) calendar days: C_ Sick Leave - Eligibility. Regular full -time and regular part -time employees are eligible for sick leave in accordance with the applicable MOAs. Unrepresented, confidential; and management employees' eligibility for sick leave is ,specified in the applicable City resolution outlining their conditions of employment, benefits and salary adjustments. 2_ Accrual_ Sick leave shaft be accrued in accordance with the applicable MOA's or Outline of Benefits for the Management and Confidential Units_ 3. Use of sick leave" a-, To qualify for -sick leave, the employee must report histher'illness or injury to his /her supervisor at the beginning of any sick leave period and daily thereafter unless otherwise arranged_ The supervisor may require a written statement from the ernptoyee's health care provider verifying that the employee is or was incapacitated and unable-to perform his/her duties" Any absence -of five (5) days or more for sick leave will require a certification from a hearth care provider_ b: Sick leave may be taken for art employee's personal; non-- industrial illness or injury_ Additionally, The employee may use up to one -half his /her yearly paid sick leave accrual (based on calendar year) to attend to an illness of a child, parent, spouse, or.domestic partner of the employee or the . child of the employee's domestic partner_. c_ An employee may use sick leave for medical examinations and apppintrrients provided; however that such leave iime.m , . ay be limited to four (4j hours in any onp working day at the, employees supervisor's discretion_ d_ An employee requesting" to use paid: sick leave must specify .whether the use is for personal diness .or .to care fora fatuity member" In the event -that an employee eRbausts his /tier paid" sick leave, helshe may be entitled to additiQ6at unpaid: leave under -the Family and Medical Leave Policy_ e_ Any employee who is absent from work on sick leave shall . not engage in work. or other activities at any that would be in conflict with the inability to report for" "work and to perform the duties assigned - if an employee violates this policy, appropriate disciplinary aclrori will be taken, 4. Sick' leave accrual during leave of absence_ €mployees who are off work on a paid leave shall continue to accrue sick leave during. the leave period: `Errmployees who are off work on an unpaid leave shall no longer accrue sick leave after ninety (90).calendar.days. 5. Accumulation. "Accrued sick leave may be accumulated to .the limits described in" tite applicable Memorandum of•Agreement_ l 6. Sick leave" and Workers' Compensation disability payments_.. An .employee receiving temporary disability payments under the Workers',Cornpensalion Laws -may use accumulated sick leave in order to continue to maintain his/her regular income_ Under such circumstances, the .employee shalt be paid (out of his or her sick leave balance) the difference between his/her full salary in proportion to the amount of his/her full salary paid by the City during such period of disability_ CITY OF ROHNERT PARK Page 10 of 39 Personnel Rules and Regulations CITY-OF ROHNERT PARK Personnel Rules and Regulations D. Bereavement Leave .- 1. In the case of death within the immediate family of an employee, the employee shall be entitled to three (3) days of paid leave. An additional two (2) days of sick or va approval of the e cation leave maybe taken upon employee's supervisor it the employee. must travel out. of. the area (at least 250 miles one way)_ 2. Immediate family in this case means: spouse, domestic partner, father, father -in -taw, 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. The employee's .supervisor.may.require proof of death of the Person(s) for whom t taking bereavement leave., he employee is E. Military Leave - 1_ Eligibility. The City grants military leave to all employees for service in the uniformed services in accordance with federal and state law. 2. Notice: • The employee must notify his /her supervisor of upcoming military duty at soon as he /she becomes aware of his /her obligation and:provide a copy of his/her military orders. 3- Compensation. Employees on temporary military leave will be paid. their normal salary for the first thirty (30) calendar days while engaged in the performance of ordered military duty. Pay for such purposes shall. not exceed 30 days in each fiscal year. if the employee's military Eeave exceeds tjiirty. . days, the Gity will continrxe tv pay the difference Between the employee's normal salary and- the.total of his/her mirtary.cQm0en.saW.n it the employee is called to active duly as a resu }t of a declaration of emergency, war, or as necessary for homeland security as declared by the President of the United States, Secretary of -Defense, Secretary of Homeland Security or the Governor of California: #n such cases, the employee shall submit his /her military earning statement to the Finance Department,- Payroll Office to assist in calculating the employee's salary. In no event will the employee be compensated in excess of. his /her normal City salary_ All ocher military leave is unpaid except where necessary to_ maintain exempt status under. the Fair Labor Standards Act. Employees may eject to use.any other accrued "paid leave time (e -g. vacation) during unpaid military leave- , Employees will receive: any merit and /or general salary increases for which they become eligible during military leave_ 4. Benefits. a_ .Health insurance.. All health insurance benefits will remain in place while the employee is in. a paid military leave.status as indicated in Section 3 above_ For employees in a non -pay status, all health insurance Lierrefiis will continue for a period of 12 workweeks on The same terms .and conditions as if the employee were not on a leave of .absence_ The 12 workweeks would be calculated based on the beginning of non -pay status. Thereafter, the employee has the option. to coniinue.Nslber.health plan benefits, at the employee's expense, for up to.eighteen months: For employees:both in:a paid and unpaid status, the benefits shall be-provided in accordance vyrtis the Cws applicable :agreements, outlines, rules, policies and federal laws- Such:benefiis may be subject to individual plan provisions - b-. and all stale and b, Pension plan benefits. During any period of paid leave, the City will pay the employer ant. employee. conlributioos to CafPERS_ Additionally, lemployees returning. from rirititary Eeave. are: entitled.fo pension benefits that accrued during military-service and to any CafPERS contributit>ns. 3TY OF ROHNERT PARK 'ersormel Rules and Regulations Page i t of 39 ;ITY OF ROHNERT PARK 'ersonnel Rules and Regulations that would have been made if the- employee had not been absent due- to military leave. Military leave is not considered.a break in service for purposes of {pension benefits - c- Vacation benefits- Vacation benefits continue to accrue.during paid military Leave_ Employees returning from military leave are entitled- to begin accruing vacation at the rate the employee would have attained it the employee had not taken military leave. d- Seniority_ Employees returning from military leave are erititleid.46 fhe•seriiority and other. rights and benefits determined by seniority •that they would -have attained with reasonable certainty had the employee not taken a military leave_ S. Reinstatement. Employees will be ieinstated 'in accordance with all applicable.. laws_ Upon completion of military leave, the employee is required to furnish the Human Resources Department a copy of hisiher military separation document. Reinstatement will not be denied or delayed if the information does not yet exist or is not readily available, however, the employee is required to provide the information as soon as it is available_ _ Reinstatement will be denied only when legally permissible. Federal taw provides for the following reinstatement period: a- For military leave of less than 31 days; the employee must report for reemployment at the beginning of the first regularly sched0ed workday that would .fall eight hours after he . or she returns home, unless reporting within such time frame is impossible and then the employee must report as soon as possible. b- For military leave of more than 30 days-but less than 181 days, the ernptoyee•.must report for reemployment within 14' calendar: days following completion of service, uraiess reporting within such time frame is impossible andthewthe erriployee must. report `as.soori as possible_ c_ For military leave greater than 191. days, Me employee •must- apply for reemployment within 90 days of completion of the service_ . F. Family And Medical Leave - Eligibility. Family and medical leave (TML')-shall be - granted in accordance with:the provisions of state and federal law. All employees who meet the eligibility criteria stated in tfiis policy'are entitled to take an.unpaid FML- To qualify for FML, an employee must have been employed by the City for a period of twelve months and have worked for at least 1250 hours during. the 12- -month period immediately. preceding the leave_ FML- may be granted for the following reasons: (1) the birth of a child to an employee or placement of a child with an employee in connection Willi the, adoption or foster, care; (2).to care-.for a child, parent, Spouse or domestic partner who has. a serious health condition,. or .(3) for the employee's own serious health coridifion That makes the employee either. unable..to work at-all oe orrable to periorrn one or more of the essential functions of the posilion•assign6d. 2- Arriount of FML. Eligible employees are.entitled to FML totaling twetve.(12) weeks within a 12 -month period_ The 12 -month period within which the leave must -be taken begins on the date the employee's leave begins and concludes 12 . months .after -that, dale_ This; leave .shalt. be -concurrent with any disabitity.:leave associated with pregnancy, cliildliirlh, -or' related pregnancy concrtions as provided in The City's Pregnancy. Disability. Leave (PDL) Policy_ 3. Intermittent leave- When medlcatly .necessary.(as.certified by a Health care -provider), leave may. be taken on an intermittent or ieduced leave: schedule_ "Werrnittent, leave" is' leave •taken in -separate blocks of time due to a single event, rather than for• one- continuous perroil' of time;. and ay. include periods .of not less than 114 of an.hour and up to several weeks_ The City may require an employee CITY OF ROMERT PARK Page 12 of 39 Personnel Rules and Regulations CITY-OF ROHNERT PARK Personnel Rules and Regulations who is, on a reduced worts schedule or intermittent leave to temporarily transfer to an a tier native position, with the same pay and benefits, if the alternative position better accommodates the required worts schedule than the employee's usual position" 4. Notice of Leave. An employee must provide at least thirty (30) days advance written notice of the need for FML whenever possible. If thirty (30) days notice is not possible, the employee must give notice as soon as possible_ If the employee faits to give thirty (30} days advance notice for foreseeable events without any reasonable excuse for the delay, the City reserves the right to Postpone .the leave until at least lhirty (30) days after the written notice was received. 5_ Statement of health care provider_ When the leave "is for a serious .health condition, a stealth care Provider rust provide written; certification to support the request for leave- The statement for an employee's serious health condition shall specify the commencement date of the event which prevents the employee from performing the functions of his /her position, the anticipated duration of the leave, and a statement that the employee is unable to perform the essential functions of his or her position... The statement for the employee to attend to a family member shall slate the date of commencement of the serious health condition; the probable duration of the condition; an estimate of the amount of time. that the health care provider believes the employee needs to take in order to care for the family member, and that the serious health condition warrants the participation of the employee. If the FML request is for the employee's own serious health condition, the City may require, at its expense; a. second opinion from a health care provider designated by the City_ The health care provider designated by the City will not be one who is employed from second opinio on a regular basis by the City_ If the n di ffers the first opiniori, the City may require, at its expense, that the employee. obtain a third opinion by a health care provider approved jointly by; the City and the employee_ The third opinion shall be considered final and binding -on the City and the employee_ A new statement from. a health care provider may be requited if the employee requests i to the leave requested in the or an extension iginal statement City does- not require the certification disclose th employee_ e underlying diagnosis without Consent from the 6. Pay during leave. FML is unpaid except to the extent the employee elects to substitute accrued paid leave lime_ An employee may use accrued sick leave when the Flv1L is for the employee's. or the.. employee's family member's serious health condition. An employee may.substitrite accrued visa #ion Leave, compensatory firrie off and /or paid administrative leave for any FML" The substitution of paid.. . leave time does not extend the 12 -week rr�aximum Leave time_ . 7- Insurance benefit premiums during FML. An employee is eligible for the same be benefits. and premium taaymenis tor: each benefit during FML "as if the employee were not on leave, for a maximum of twelve (12) weeks_ An employee on unpaid leave beyond the twelve (12) weeks is no longer . considered on -FML and; therefore, it the employee wishes to continue health Fnsurance coverage he' or she may do so at his or her expense, at the City's group rates_ The employee must.:, arrange for payment of tiislher premium contribution, in. advance. A lapse in insurance coverage will gccur.if a premium payment is more than 30 days late. 8. other benefits during.FML_ During any portion of FML for which an employee subs #routes othei paid leave benefits, o"nk the employee will continue to accrue paid leave benefits (i_e_, sick leave; vacation leave }; seniority, arid other Benefits to the same extent that the employee would accrue #hosebenefrts if not on FML Employees on FML are not eligible for.holiday pay (e.g. paid for holidays worked) for holidays that fall during FML . 9. Reinstatement_ Except as provided in Section 21 -3.7, an employee who takes FML shall be eligible for reinstatement to the employee's former position at the former rate of pay_ However, if ih`e position ITY OF ROHNERT PARK Page t3'ot 39 ersonnet Rules and Regulations �JTY OF ROHNERT PARK 3ersonnel Rules and Regulations - is- not available -due to business necessity, the City may instead offer. the employee a. job that is comparable in terms of pay and duties. An employee retains the same right to employment on FML as if not N an employee fails to report to work promptly at the end -of FML, the employee vviit be assumed to have abandoned his/her employment unless additional leave has been approved. .10_ Reinstatement for -key employees. If reinstatement of a key employee causes a substantial and grievous economic hardship to the City, the City may deny reinstatement of the key eriiployee to the Position held.at the time FML was requested. A key employee is defined as an employee who is paid on a salary basis and is among the.highest paid 10 percent {1t) %) of all City employees as determined at the lime of the request for leave. 11. 'Statement regarding return to word_ It the employee takes'FML leave -for his or her own serious health condition, the City requires a statement. by the 'employees health care provider that the employee is fit to return to his/her job. 12. Other work_ The City shalt take appropriate disciplinary action if it determines, that an employee has engaged in other work during a FML that_is inconsistent with the employee's use of FML. 13- Definition of.heatth care provider. A health care-provider as used herein means a person holding either a physician's and surgeon's . certificate under applicable California law or an osteopathic physicians and surgeons certificate under applicable California law or any, other individual duly licensed as a physician, surgeon, or osteopathic physician or surgeon, in another state or jurisdiction who directly treats or supervises. the treatment of serious health conditions or any other person who, meets the definition of others "capable of providing health care services" as set forth in the .federal .. Family and Medical Leave Act and -its implementing regulations_ G_ Pregnancy Disability Leave - I- Eligibility. Any employee who is disabled from working due to pregnancy, • childbirth or related . . medical conditions is eligible for Pregnancy Disability Leave (PDL)_ 2. . Amount of .PDL. PDL will be allowed for the period of disabitity'buCr}at to exceed four (4) months (88 working days, for -full -time employees and pro-rata for par#- tirrZe errrpfoyees), PDL may betaken on -an.'.. intermittent or reduced hour basis when determined medically advisable by the employee's health care provider, e.g., for morning sickness, prenatal. doctor's appointments_ 'The smallest increment of time that can be used for such leave is 114 of an hour_ The 'City may require an employee: who is 'orr a reduced schedule or intermittent leave to temporarily Transfer -to art alternative positiori if. the alternative posilion better accommodates the. required work schedule_ 3. - Notice of PDL_ Whenever possible, an emp!oyee.must provide at.least thirty. (3Q) days advance written notice . of the need for PDL, if Thirty (3oj days notice is. not possible; notice must be provrded.as soon as possible- -4. Transfer privileges- Employees who are pregnant or have a pregnancy- related medical condition may request.a transfer. to a less strenuous or.'hazardmtis — POSi tion-or to less strenuous -.or hazardous duties, if such a transfer is medically advisable and Can be reasinatiTy accommodated_ Where transfers are made based on.-the employee's health needs, the•ernploye'e will receive The pay specified for the allernate.posifibry and /or duties. 5., Statement by health care provider_ An employee requesting. PDL -shall provide .the, Human Resources Deparlrnent with- .certification from her health care provider stating the anticipated delivery, date and estimated dales and duration of the disability_ If there is a-chap a in diagnosis, and the dates are either accelerated or delayed, notification. from the health care provider is required. CITY OF ROHNlERT PARK Page 14 of 39 Personnel Rules and Regulations CITY'OF RONNERT PARK Personnel Rules and Regulations A health care provider's statement must be submitted verifying the need for pregnancy disability leave or for transfer, stating the following_ a_ The date on which the 'employee became disabled -due to pregnancy, childbirth or related medical condition or the date on which the need for a transfer became medically advisable; b. The probable duration of The period or periods of disability or the need for transfer, and C_ A statement that, due to the disability,, llfe-.employee is unable to .perform one or more of the essential functions of her positiori.without unclueYisk to herself and, the successful completion of her pregnancy, or that transfer is medically advisable. A new statement may be required if the employee requests an extension of time beyond that specified in the original statement. Any changes in the information contained in the health care provider's. statement must be Promptly reported by the employee to the Human Resources Department_ 6. Use of accrued leave while on pregnancy disability leave- An employee may use any combination maximum length of accrued paid, of a PDL_ leave during the duration of PDL. The substitution of paid leave does not extend the 7. Insurance benefit premiums dewing. PDL. An employee will receive the same insurance benefits and premium payments during PDL as it the employee were not on leave, for a maximum of twelve (12) workweeks_ An employee on unpaid. P ©L beyond this period may. continue health insurance or other benefit coverage at own her expense, at the Citjrs group rates_ The ernptoyee must arrange for payment of- the premium contribution in advance_ A .lapse..iri insurance coverage Will occur if .a premium payment is more than .30 days late: 8- Either benefits duffing PDL_ During any portion of PDL for which anemployee substitutes other paid leave benefits, the employee will continue to'accrue:paid leave benefits {i;e_; sick leave; vacation leave), seniority; and 'other benefits to the same extent that"the employee would accrue:those benefits if not on PDL Employees on PDL are not eligible for i OWty pay (i_e_ pay for. hof holidays that fall during the PDL_ days worked) for 9. Reinstatement. An employee who takes PDL shall be eligible for reinsiatement to her former position at her former rate of pay_ • However, if the same position is no longer available due to business- necessity, the City may instead offer a job that is comparable in. terms of pay and deifies. If an employee fails to- report to work. promptly ai the end of PDC, the employee .will. be assumed -to have abandoned her employment unless additional leave has been approved. W Statement regarding return to work- The City requires an.em a statement from a health care provider that certifies the emptoyes i tilers f�T'd tyom PDL 10 .provide 11- Other work_ The City shall take appropriate -disciplinary action if it determines that an employee. has engaged in other work during a PDL that is ineonsisteni with The employee's use'of PDL 12_ Definition of health care provider. A hearth care provider as used herein means a person? holding either a physician's and surgeon`s. cent sate under applicable Califofnia laW or an - osteopathic Physician's and surgeon's certificate under applicable California lavu'or -any other. individual duty licensed as a physician, surgeory,.'or. osteopathic. physician or surgeon. in another, slate or jurisdiction. who directly treats or supervises the treatment of serious, health condi #ions 'or any Other person who meets the definition of others "capable of providing health care services" as set forth in the federal Family and Medic at Leave Act and its implementing regulations_ tTY OF ROHNERT PARK Page 15 of 39 ersonnel Rules and Regulations ;ITY OF ROHNERT PARK 'ersonnel Rules and Regulations -1. Worst- Related Iniury And Illness Leave - 1. Eligibility_ All City employees are covered by Workers' Compensation Insurance_ Ali regular employees are eligible for industrial sick leave as provided in the current applicable memorandum(s). of agreement. -2. Reporting accidents and injuries - An employee who .is injured or. becomes ill -in the course of employment must immediately report the.incident to the employees supervisor. The supervisor must provide an Employee's Claim. for Workers Compensation Benefits form to the injureddill employee for completion as soon as possible_ Within 24 hour s of receipt from the employee, the supervisor must submit the completed supervisor's report of injury to the Human Resources Department. An employee who fails to promptly report a uyork- incurred injury or illness to his or her supervisor may be subject to . discipline, .up'to. and including termination. 3. Temporary disability- benefits- An employee eligible for temporary disability payments under the Workers Compensation Law will receive the amount as provided by that law. 4- Salary continuation: integration with accrued leave- Employees receiving temporary disability payments under the Workers' Compensation Law may elect to use accrued paid leave benefits at the same time they are receiving temporary disability, but only up to an amount which, when combined with temporary disability payments, does not exceed one hundred {100 %) percent of the employee's normal salary- Accrued leave hours shall be charged to the extent of wages paid by the City to the employee - 5_ Termination after work- related- injury or illness_ finless otherwise prohibited by law,: an employee' may be terminated afler ,fie beating physician's finding that the employee's condition is . °permanent and stationary" and [hat the disability precludes the employee from doing the essential #unctions of the jab_ 6_ .Anniversary date. A regular employee who is- absent from work as the result of a.work= incurred injury or illness shat# retain tiisiher anniveisay date. An employee who.has not completed the probationary period is ineliigilile for cerliEicafiori.lo regular status during leave for a work - related injury..or illniess and' . the date for completion of the probationary period will be extended to reflect the amount of time-absent on such leave_ 1. Witness Duty- An employee who is required to appear as a witness or to otherwise. participate on behalf of the Cily'in any judicial or administrative proceeding shall receive pay as though at work for time spent in -the proceeding. The employee rausi t remit any witness fees received to the Finance Department, Payroll Office, An employee subpoenaed to appear in a proceeding in which the City is not a party shat#. tie granted- le ave . - inrilhout pay during. the' lime required for that appearance, except where necessary to. maintain the, employee's exempt status under the Fair tabor Standards Act: The employee may use accrued vacation, -administrative leave or compensatory time for this purpose_ J. Jury Duty, - All regular and probatioriar}* ernpEi3yees called to jury duty will be granted a paid leave_ A copy.of the jury• summons must be given to the Human. Resources Department_ The employee shall receive foil pay for the• time served on ,jury duty, -provided the employee remits to' the City a# fees .as soon as received by the employee for suds 'duiies_ Compensation for rrileage'or subsistence allowances shall not be considered as a fee and shelf be retained liy the employee: CITY OF ROHNERT PARK Page 16 of 39 Personnel Rules and Regulations :.1 CIV'OF RONNERT PARK Personnel Rules and Regulations - All other employees will be granted leave without pay except where necessary to maintain -the employee's exempt status under the Fair Labor Standards Act. If an employee is required to report to jury duty within 2 hours of the scheduled start of (be workday, the employee is not required to report to work al the start of the workday, but shat[. report directly to jury duty. if an employee is released from .jury duty with more than one -half of his/her ll workday remaining, , it employee is required to report to work to compleie the regutarly scheduled, workday_ K_ Unpaid Administrativ a t_ eave - I. Eligibility. Upon written request of Z)n employee, the. Personnel Officer may approve in writing an unpaid Leave of absence without pay for a period not to exceed six (6) months. .. 2. Reason tor.leave. Unpaid Administrative Leave will be granted for the following purposes: a. School visit Leave. An employee who is a'parent, grandparent, or duty appointed guardian with granted of i child in.a Licensed day care facility. or in kindergarten through 129' grade will be granted up io .re hours e. a 12- rrionth period (not to exceed 8 hours in one month) to visit the school site, i( reasonable. notice is given to the Personnel Officer_ . Additionally, a parent, grandparent, or guardian of. a child may lake time off to appear at a } school in connection with the suspension of a child_ The errtpoyee may use accrued Ieave for school visits. exhausted, the Personnel Officer may, allo If accrued leave is w the employee to work ternative schedule is accommodate the leave or provide leavem.ithout pay_ an al Written proof of the date and time of the visit signed by an appropriate school Official may be required to be provided to the Personnel Officer on.return to Ehe job.' b. Voting !eave. Any employee, if he or she. does noi.t&i 6 sufficient time. outside of working hours to vote, May request up to two (2) haVFg of accruecj paid Leave either at [tie be or end hours scheduled working hours to enable The employee to vote. If the employee has no accrued paid of leave, time off shaft be granted under applicable without pay except. where necessary to rnaintait}: exemptions •state and federal wage and hour laws_ c. .. Domestic violence Leave. An employee who is the victim of domestic violence may take unpaid leave or use any available paid? time off .benefits.to ensure his/her health; safety or welfare, of that o€' hi child, by obtaining a temporary restraining order, a restrainin assistance_ . Additionally, air employee :may take .#eave to seek. medicader, or .other court treatment,. to obtain necessary social services; andtor to participate iii safety pianniyc oogi el oiiiei actions: to increase safely. - The. employee most provide reasonable notice of the need for such leave and shaft es. s e.evifferice satisfactory to the Personnel.Officer of participation in one or more of the aciiviEies specified' in the preceding sentence.' The amount of leave Provided shag be in accordance with Labor Code seclion.230.i: d- .Crime victim assistance leave. An employee who is the victim of a crime, -the immediate farriii member of a victim, a segisiered . domesfic partner of a victim, or the child of a registered . domestic partner of a victim may take an uripaid leave or any available paid. lime• off benefits to attend judicial proceedings related to that clime_ e. Emergency duty and training leave: Vo;uhleer firefighters and other emergency fake an unpaid leave or use accrued' leave•-to Personnel may may take up to 14 days leave perform' emergency.,iuty_ Volunteer firefighters per calendar year to engage in training_ The employee must Provide reasonable notice to the personnel Officer of the need. for such: #eave and shall provide to the Personnel Officer satisfactoryevidenceb of :participation in the erxiergency duty or training_ FY OF ROHi IERT PARK rsonnel Rules and Regulations Page 17 of 39 :ITY OF ROHNERT PARK 'ersonnel Rules and Regulations Miscellaneous feave- In addition to the leaves described above, the Personnel Officer inay, approve other requests for unpaid leave at hislher discretion. .Health insurance'Benefits - 1- Benefits. The City provides group medical, dental, and vision insurance to eligible employees arid, their dependents and domestic partners (effective January 1, 2005) as. detailed in the applicable MOAs and City Council resolutions outlining conditions of employment and benefits_ The Personnel Officer shall maintain records.of the terms and conditions of *the health insurance and o ther benefit contracts, benefit levels, and administration procedures. More detailed information regarding these benefits is set forth in the officiat plan documents and insurance policies that govern the plans_ .if there is any actual or apparent conflict between the brief summaries contained in this policy and the lerms or limitations of official plan documents, the provisions of the official plan documents will . preval_ Employees who .m4sh to inspect those documents may make an appointment with the Personnel Officer for that ..purpose_ Due to .changes in MOAs, terms, conditions, benefit_ levels and administration requirements may be adjusted from time to lime_ 2- Commencement of benefits_. The benefits described in this section shall begin the first. of The month' following the first day of employment or on the date -of -hire if it occurs on the first of the month- "3- Health insurance waived: by certain employees_ The City provides eligible employees aft` native medical benefits- when the employee has coverage from another source and the employee waives benefits under the City's plan_ These alternalive benefits are described in Resolution No: 96-203. 4- C.O.B_R_A_ The Consolidated Omnibus Budget Reconciliation Act of 1985 (COBRA) requires.the.City to offer employees. and' their eligible dependents an opportunity for a temporary extension-'of•l -kealth coverage upon separation of :employment or loss of dependency status_ The specific provisions and restrictions of the Ad are available from the "" Human Resources Department_ M_ . Miscellaneous Employee. Benefits - 1_ Disability wage plan_ The City provides a disability wage plan: to regular .full time and part-time employees. 'Benefits and. conditions of the plan are more specifically described within the City's. Disability Wage Plan:document -available upon request from the Human Resources DepartrnenL 2. L.opgterm disability. insurance. City provides long -term disability: insurance to regular-full-time and regular part-dine employees,. The purpose of LTD insurance is to provide eligible employees 3iviih a percentage-of normal income - wheri.an injury or illness occurs .on or off the job_ The City prow d6sAW' 0 different LTD plans_ The terms of the specific plan care be found in the applicable MOA or applicable resolution outlining .conditions -of work and benefits. The terms and conditions of this benefit may be modified from tirrre-to timeJn the event that the City changes carriers_ When an eraployeg is .receiving 'benefits from other sources, the total amount . of compensation received by the empfoyeiD,- including LTD benefits, shall not exceed one hundred percent.-(106%) f the employees norrrial monthly income. 3- Catastrophic leave program_ The catasttophic.leave program provides 'additional paid leave time to eligible employees suffering from .financial hardship and who otherwise meet the criteria of ilie program- Please refer to Resolution 01 -270 for the details of this program: 4_ Employee Assistarice Program (EAP). The City provides, at no cost to all regular fuH tune and.aEt- regular, 12- rno6th part -time employees, legal. dependents, . and domestic partners (per AB 205 effective January 1, 2005) an employee assistance program_ The program provides access to professional counselors and therapists to assist employees in resolving stress resulting -front personal issues, substance abuse, grief or work - related issues. Any information provided to a counselor -or CITY OF ROHNERT PARK Page 18 of 39 Personnel Rules and Regulations CITY•OF RO NERT PARK Personnel Rules and Regulations therapist is confidential_ No information is provided to the City regarding .an eligible member's use o #. the EAP- To make an appaintment with a counselor call Cigna Behavioral Health a# {888} 3 ?1 -1125_ For more inforrnalion, contact the Human Resources Department- S. Neatth Care Tax - #ree dollar account - program_ This program allows permanent tult- time or part -time employees to set aside a: maximum of $3;000 per calendar year of -before tax wages for medical j premiums; co- payments, or out of. s Services and the California FranchiseoTaxi Board- A. regular employee becomes e Internal ligible onRdae e hire- Employee participation in this program iS coordinated thro694 the Finance Department.. The tax. deferral limits are subject to change due. to changes in federal and /or state law. ti. Dependent Care Assistance program_ This program allows eligible full -time or part -time employees to set aside a maximum of $5,000 per calendar: year before tax wages for child care expenses as authorized by the internal Revenue Services and the California Franchise Tax Board. A regular employee becomes eligible on date of hire_ Employee participation in this program is coordinated through the Finance Department_ The tax deferral limits are subject to change due to changes in federal and /or state law_ 7. Deferred income program_ The City participates in a deterred income program now being - administered by National Deferred and ICMA_ � This program allows eligible full-Ii me or part -time employees to set aside a maximum of $13,000 per calendar year ($14,000 in 2005 $15 000 i - 2() . . of before tax wages far. post- retirement income. as authorized by the infernal Revenue Services and the California Franchise Tax Board_.A regular employee becomes eligible on date -of -hire. Employee Participation in 'this program is coordinated through the Finance Department_ The tax deferral limits are subject to change due to changes in federal and /or stale law. 8_ Hepatitis B program..Below:is an- explanation of the City's Hepatitis $Program_ E;mployees'wh'Q ihay have to perform first aid as a regutar-job duty or are in positions which might expose irne-Pa bodily fluids need to be offered the Hepatitis B Immunization Program per the City's Blood borne Pathogens Program_ These job classifications are_ Public Safety Officer P:S_ Sgt_ P_S_ Lt. P.S_ Division Commander. Director of Public Safety Community Services ptftcer Eviderice Technician Property Specialist Not. Auxiliary Firefigh4er Reserve Officer Seasonal Maihlenaoce Assistan# - Main. nance l tefpes Maintenance Worker,J Maintenance Worker It 'Public Works Services Supervisor Recreation . Supervisor At. ihe;tirrre of the pre- empioyrnertl physical; the candidate has a. blood test tiiat`lets the City know if they Have the, Nepalhis & anilbody_ - At the employment orientation, Human Resources - Department provides the:new employee (if they are in one of, the jobs classes fisted above) info rmatib.rvon'wbat Hepatius'B is and a check -off form, which indicates whether or not they wish the 3 -shot irr, unizatiorr program_ Human Resources (Hk) fogs -in the employee's response in its safety records_ 1TY OF ROHNERT PARK ersormel Rules and Regulations Page 19 of 39 ,ITY OF ROHNERT PARK 'ersonnef Rules and Regulations Employees who wish the 3 -shot Hep_ B series go get their shots;.inform IHR when they received each shot, and turn in their receipt for reimbursement: Employees with Kaiser insurance can get them free of charge through Kaiser as preventative care and necessary.due to.-.their job class. Employees with - Blue Cross insurance are instructed to -get their shdts..at. the Cdunty (-teat #h Dept- and submit their receipt for reimbursement- It is important that the employees' not miss an appt_ for a shot as they might have to-repeat the series_ There are-specific time €rariies for Bach shot_ If an exposure incident occurs at work, under workers compensation, the City has the employee tested and if necessary they are given a Hep_ B booster shot for additional protection- SECTION 4 - IN -HOUSE RECRUITMENT A- Transfer - If an employee is qualified, the Personnel Officer may I. approve the transfer of an employee from one position in the City to another position in the same class or to another - position -in a different. class with the same maximum salary_ 1_ Types of transfers- . a. Voluntary request for iransfer initiated'by departte'nt supenAsor.and /or. employee- b. involuntary transfer initiated by the - Personnel Officer to better serve the needs of the City. c. Transfers for. disciplinary reasons are subject icy the piovisi6ft of Section 8_ d. The Personnel Officer may. transfer an errrployee to a class uvith a lower max'imuin: Salary. with the consent of the employee, provided the employee possesses the desirable, qualifications for the position to which he/she reassigned_ 2_ -Process for transfers. Transfer process and approval is made as follows: a: At least two weeks prior to the transfer, a notice. will be -sent to the affected employees) and bargaining units) stating the nature of the transfer and an explanation as to why'the. transfer is necessary_ b_ The employee has a right to respond, in writing within five (5) workdays from date of notice. C.. The employee has a right, through their bargaining unit, to file a grievance within the'time hmfts established in the grievance procedure_ B_ Promotion — T_ Qualifications. A person may be moved to a class with a higher maximum salary only if he/she has the desirable qualifications for the higher class_ These deskable qualifications are asi e*dairiied on 'the. Basis of information obtained from application forms; tests, examinatiflns, interviews, past performance reviews or evaluations, and /or input from an employee's supervisor. 2- Internaltexternal.recruitment_ Iii filling vacancies for positions above entry - level, consideratfon wi7F- first be given to existing City employees. However,. the Personnel Officer may: recrul from .outside- when the Personnel Officer determines that' - appropriately qualified City er_npfoyees are not available to fill the vacancy_ .The -City reserves the right-to,conductan.open recroitmerit`process'to.fitl avacancy in a higher -level position or to rift lire vacancy by•-advancerhent of a qualified employee that currently occupies a lowet -level positron_ C#TY OF ROHNERT PARK Page 26 of 39 Personnel Rules and Regulations CITY OF ROHNERT PARK Personnet Rules and Regulations 3. Request for eligible employees. When a vacancy occurs, the Supervisor may request a test 'of. names of persons in -City. employ who qua €ify for .promotion to the vacant position for consideration from the Human Resources Department. 4. Determining pay for promoted, employees. Refer to Section 2 — Pay glans and Compensation, Part $, Section 3_ a. Trainee Program - in. an effort to provide upward mobility opportunities for current City employees and to provide employmen# opportunities to the'generaf public, The Personnel Officer, can add the word `Trainee" to any classification, within the financial ability of the City, except those represented b y a bar rn employed- by the City and to recruit and select individuals to fill positions as deemed a garng .unit, appropriate.' l_ The ttaining program provides an f� opportunity for a current employee to gain additional skills by. a_ additional experience in a different classification; b. additional schooleng; c. completion of an appropriate examination; d_ obfainmg a State certificate or license in a specific classification_ 2_ Recruitment for these positions may be promotional or open as deemed appropriate by the Personnel Officer and the Initial salary would. be up to thirty percent (30 %) below the beginning of the established salary range_ 3_ Transition from trainee classification may occur as early as six (6) months. but no later Than two {2) years from the date.of appointment_ Minimum qualifications for the position must be attained prior to transition_ Transition may occur upon recommendation of the Supervisor and approval of- the Per "sonnet Officer_ )_ Aptarenticeship Program - The City may establish an apprenticeship program in partnership with a local schbof district, Sonoma State "University, Santa Rosa Junior College, or an accredited trade school_ This program would-be conducted in cooperation with the applicable bargaining units. Probations Period- The probationary periods set forth in Section 5 also apply to all ptacerrients resufting-from the in -house recruitment process_ SECTION 5 - RECRUITMENT PROCESS 4 Announcement of Vacancies - Notices of employment. opportunities in the City will be first announced in house, via electronic.- mail, allowing cureent employees the opportunity to apply for the announcement .will also: be posted in the City offices and publicized in any other ways necessary to athaet' Position. The the best qualified candidates_ - _ Open recruitment. The Personnel Officer has the discretion to begin open recruitment oulside of.Gity employ when helshe knows that the City does not have employees with skills_ the required knowledge or 2_ Notices. Such.notices ljst.the classes in which vacancies are anticipated, specify the class title,salary range, fringe benefits, the:nature of -work. perfarmed and the qualifications - required for em b the class, tell vvhe' ' and where to'file a p . yment " :n testing, scoring ppl+cajions for employment,•and give in €ormatwn about'the 9 ng and selection.procedure to be used_ rFY OF ROHNERT PARK' Page 21 of 39 ersonnel Rules and Regulations ITY OF ROHNER7 PARK . arsonnet Rules and Regulations Applications - Every applicant responding. to a CA recruitment shat F fife:an offiC611 city application form_ Applications shall be available in •111e'Cit}rs.'Human Resources office_ Applications and. supporting documentation tiled with the City are Elie property of the City: Any information on the application will not be made public. 1. Application form_ The form by which a person applies for a position with the city is prescribed by the Personnel Officer and requires information about the .applicant's trainii►g, .experience, .qualifications and any additional information the Personnel- Officer. deems pertinent to an evaluation of the applicant's fitness for a position_ 2- Deadline for filing applications. App *catwris and all required documents,mirst be filed in the Human .Resources Department on or . before the final. filing date and time specked in the position announcement_ 3. Rejection of applications_ The Personnel Officer may disapprove an application, disqualify an applicant in an examination, refuse to place a name on an eligibility list for any of the reasons listed: a. lacks any of the requirements established for the examination or position for which application has been made; b. excessively uses narcotics and /or intoxicating liquors to the extent that they are unable to perform the essential functions of the position, c- an employee that is not physically andlor mentally able to perform the essential•functrons of the job, with or without• reasonable accommodation; d. has made any .false statement:or omission of anysigrAficanf fact, or has practiced or attempted to practice deception or fraud' in the- application; _iii. declaratioifs, or iri. seaming eligibility. or appointment; e. has-directly or indirectly obtainedinformation regarding the contenfiof an examinatiiorrto which an applicant is not entitled; f. previously been dismissed foi cause from,any public or private employment or, resigned to avoid such dismissal; g_ has failed to submit a complete andlor signed application within the specfic.tirne limits; h_ has failed to reply within five .() virorlcing. days from the date maling; to communications concerning availability for ernpfoyment; J_ has made himself /herself..iunavaifable o oyr�ent by reg0es iin9* that name be . withheld from consideration_ j_ for any material cause which; in the judgment of. the :Personnel Officer, would render_the."applio3 nt unfit for the particular positron; including a prior resignation from► City services accepted. with prejudice_ 4. Criminal convictions_ .Convictions Onduding pleas of guilty.and no contendere} may disqualify an applicant from employment by the City . GritniriaE convictions do not necessaraq .d►squalif}r. individuals from ernpfoyment with- the City. • ln.det,- , ining Wtiethpr air individual'with a conviction is drsgaa {ifred, the Personnel Officer will consider the following factors: a_ the employment classification to which the person is applying, induding jjss sensitivity„ CITY OF ROHNERI PARK Page 22 of 39 Personnel Rules and Regulations. Y CITY ©F ROHNERT PARK Personnet Rules and Regutations b_ nature and seriousness of the conduct, c: the length of time since the conduct, d_ the age of the individual at the time of conduct, e_ circumstances surrounding the conduct, f_ contributing social or environmental conditions,-and g_ the presence or absence of rehabilitation or efforts at rehabilitation. 5. Employment of relatives. A position within the City viri!l.riottie filled- by an. individual, where that individual would be subject to supervision, evaluation, discipline,. or decisions.rgardirig compensation by a close relative_ No person will serve in a department where the Supervisor is a close relative or in a- division where the division head is a close relative. For .a definition of `close relative," see the glossary of terms at the co »cfusion of these rules_ 6. Notification of disyualificat►.on. If an applicant is deemed disqualified for any of the above reasons, the Personnel Officer will .notify the applicant or eligible in writing at iiislher last knavun address, o€ the action taken_ An applicant has itie right to respond orally. ©r in writing - within five (5) working days from the date of mailing to the Personnel Officer, with no further right to appeal_ Selection Procedure - The method used to select employees shall•be . impartial and shall relate to those- subjects which fairly measure the abilities to execute the duties .artd.restionsibilities'.o€ the classification in which the vacancy exists: Selection procedures cansisi of one or more of the methods listed below_ same method shall be applied equally in a single examination. The 1_. Application. Information the applicant. supptres on the'tity's apiiticafioi� forrrr, and arty . attachments thereto wilE be reviewed under the supervision of-the'Human k2esotxces Assistant or his/her designee and the applicable department supervisor: The sarine crkeria:'and'potnt system is utilized for all applicants for the same positron. 2. Examinations_ The selection techniques used in the examfnafiort. process will be impartial; practigi; and related to those subjects which fairly measure the relative capabilities .af the applicant examined to execute the duties and responsibilities of the class.to which they.seek.fo be appointed Examination.-­---J---- may consist of, but are not -limited to; such techniques as writ#en iests,:personaf interviews;.skd}s and periorrr ahce tests, assessment centers, review of pertorri►arice evaluations, evaluation of daily. work performance, evaluation of work samples_ 3. Documentary evidence_ Applicants for positions .are required to.- provide documentary evidence of education; training; cr experience_ The City reserves ttte 09*10e -test the skill level tarry applicant_ 4_ Scoring and rating_ The Personnel 'Officer VIM establisir.the 'relative weights .of: examina_trorx and other. components of a position. The basis of 6-- tiiiai -score"vsnl! be iriduded in the; job.. announcement_ Scoring and rating systems may fie numerical or non - nu Personnel Officer_ merical as. determined by the .a. Appointment preference on open /promotional recruitments wilt bee to any.regufar City. employee_ Regular city employees will be grantee# the"follOWI IAlseoring .preference- 1 %a for:each year of service, with a maximum preference 61-10%'-'.. Deperuling on the scoffing estabGstred for' the classification recruitment, the preference may - be .expressed as an additional perc additional points_ ' See example below for detailed explanation. entage or I fY OF ROHMERT PARK Page 23 of 39 . `ersonnel Rules and Regulations . :ITY OF ROHMERT PARK 'ersonnei Rules and Regulations PERCENTAGE EVALUATION Jsamp► le) Employee's Total Score --'80% Years of City Service as. a Regular Employee =.10 (calculates to an additional 10 %) : Employee's Adjusted Total Score =80% +10% = 90 %' POINT EVALUATION (sample) Employee's Total Points = 175 out of a possible 200 Years of City Service as a Regular Employee = 1.0 (calculates to an additional 20 points 1200 x 10%.= 20) Employee's Adjusted Total Score = 115 ± 20 =195' ;The . combination of an employee's performance in the examination process and years of service may give the employee .a higher score than the maximum possible_ In.such a case, the employee shall receive the actual score. calculated above lhe- maximum and be ranked accordingly_ Specifically, for the examples listed above, the employee achieving the maximum score on the percentage evaluation would receive a- total score of 1000% + 10% = .1'10 %; . and. on the point evaluation receive a total score of. 200 + 20 = 220_ b. in accordance vrith Resolution 2001 -271, the City does not grant preferential status to any-select group of persons -wizen applying for aposition. D. Interview Process - 1- Interview boards- :.The-Personnei Officer vAl.assemble and appoint interview boards. These boards may be corriprised.61, rivate citizens; - experts in'the.fiield. members of another agency, City offcers; City employees,•andlor bar gaining .tinit.tepresentatives_ 2.- . Interviewers. remarks_ Interviewers markon forms • provided the de�ee to which, :in their .judgment;: -each candidate possesses. the- desire-d,.gUalitic 5tions_ The interviewer's remarks -will be translated into a numerical score_ Scoring sheet and interviewers' remarks are confidential_ E. Eligibility Lists - After each selection procedure has been completed, the - Personnel Officer or his/her designee will prepare ari eligibility, list containing -.the names of applicants who quality for app iintFrient to positions in a particular class. I _ Ranking. Place the names:of the -gi)al ed, applicants Cei-igibles") on tfie eligibility list in the order of their f;naf ranking; as.deterrriined by-'the-.select ion.process, with the highest rated eligible at the top'of the list- If more than one person has the same score, the riames will be placed in• alphabetical order_ Z. Duration. of list_ The' eligibility. list remains in effect for a period of six (ti) monihs, unless tfte . Personnel Officer -exfeticis this period;,for ,a;period. hqJ to exceed (1) year: The -Personnei-Ofiicer can reduce the period if- the list contains less than 5 names. in- the.everit of early cancellation of an eligible list, the ' Personnel Officer will riotify:.each .person, whose. game appears on such fist to ibis. effect via maul to Fiis/het last known address. This- riotice is 10 include -an explanation as to why, the time frame . has been changed_ 3_ Removal from list_ An applicant may be removed froth a given eligibility list by the Personnel Officer for any of the following reasons_ a_ appointment- to the classification for which the eligible list was originaflyesiabrished; b_ request by the applicant -for- removal from 6h, he lisir" c_ failure to continue to meet any of the minimum standards established for .ihe position for which the eligible tisl was prepared; CITY Of ROkNERT PARK Page 24 of '39 Personnel Rules and Regulations CITY 'OF RONIVERT PARK Personnel Rules and Regulations d_ failure to contact the Personnel'Officer within five (5) working days from the date of notice of an interview or offer of appointment- e. determination by the Personnel Officer that the applicant has violated the one provisions of Section 58:9_ or more of. 4. Vacancies. When a vacancy occurs Off -in a class for whiwhich there :is an eligibility list the* Personnel icer will. transmit the names; and ,all supporting doetimeniS, .of ail candidates with the top five ranking scores on the eligibility list to the Supervisor for consideration_ Appointment Process - All appointinerits to position vacancies .wii! be made in `accordance with these rotes and regulations_ The power lo.appoint and dismiss City employees is vested in the City Manager (Personnel Officer)_ 1 Vacancy. The vacancy will be filled by appointment of an -eligible candidate from an appropriate eligibility list, except as provided in 2 below_ 2. Exceptions. a. No eligibility fist. The Person_ nel. Officer- may make a provisional :appointment to a position if there is no eligibility list for the class and if.the needs• of the_servfce requiie that the position be filled before a selection process.can be completed_ "A provisional " appointee must . i- Meet the requirements of training and experience establishes# for the position, ii. Not continue for more than" thiii}r (3t) }days in `the provisional apPfsintrrrent after an -eligibirRy List for the position has been estaWished,-- un6s9.1h0e ale iio eligibles. on scrcfr.efigibility list ` who are available for or who wish-16 .l�e cortsiderO foi' appointment to the positron; i iii_ The Supervisor may. submit-a written request and- jtislification to the Personnel Officer to extend the "provisional appointment in six : (6) 'month- increments: No more'than two (2) extensions may be granted for. each provisionat.appdirittrient. b- Emergency_ in an emergency which. threatens 'life; pr municipal services, the Personnel. officer mayempioy an rooP"- i al nowt on ti a eligibility list for not more than thirty (30) calendar-days- 3. Pay- A new appointee shall receive the min imorh salary for the. cbss to- which the position is allocated, except that: i_ In cases of extreme difficulti j4, Biting ..a_ position, - the personnel Officer m4 'approve appointment at a sal Y pprove ary "atiove itie minrmurri: to s� h• casQi, -all k"mbent employees, in the class to which ttie appointment is made shat. ,be placed -rn`.at teas! the "same step -of .the salary range as the new appointee; or ii_ In hiring exceptionaify qualifietl personnel, the Personnel £Niicer may ap fxove appoin"ents at -a sararyabove the minimum-for the class Conditional Offer of Employment - An offer of ero yment i cotrgei upon.the results of the folfawing: 9 - Reference checks_ Prior to conducting reference inquiries.a sign a release allowing the City io acc wire information .about the a t>ecirve employee war be regi»red'to applicant from former employers. ITY OF ROHNERT PARK Page 25 of 33 ersonnel Rules acrd Regulations �ITY OF ROW14ERT PARK 'ersonnet Rules and Regulations 2. Medical examination_ Applicants who have been. offered a regular position with the City ate required to parficipate in a pre - employment physical. Each jolt classification has specific physical-standards and are reasonably related to job requirements. The city is notified only that the prospective employee is medically qualified, conditionally qualified or disqualified- no other. medical information will be released. 3_ Fingerprints -and/ criminal background check_ Alt peisons employed by the City will be fingerprinted and law enforcement records checked for past criminal convictions. Information thus obtained will be confidential_ Employment of, and continuation of service of employees with a criminal conviction must have the approval of the Personnel Officer as stated in Section 5 -6.4_ H: Probation Period - The purpose of probation is to permit the employer to observe the employee on the job and to evaluate performance_ Probation is part of the promotional, training, testing and selection process. The probation period begins on the date of appointment. It is the responsibility of the supervisor to communicate with the employee in regards .to His/her progress_ 1_ Duration of period_ The probationary period is not less than twelve (12) months for miscellaneous employees, riot less than eighteen (18) months for dispatchers, not less than eighteen (18) months for sworn Public : Safety . employees, and not- less than •twenty -four (24) months for , Management employees_ Emptayees who receive promotional appointments must serve another probationary period of at least six (6) months. for non- supervisory employees and twelve (12) months for supervisory employees (includes management classifications). 2- Leaves of absence during probation_ If an employee is absent from work for longer than five (5) working gays during the probalionary. period, the. City 'may extend the probationary period an amount .of fi.ime equal to the days missed if necessary in order to properly evaluate an employee. 3.. Extension .61 probation period_ All efforts will be made to'suffciently evaluate..the probationary employee Aut k g..the .assigned period_ An extension of the probalic nary period may, However, be recommended by the supervisor and/or Personnel Officer when cause exists_ If additional time is needed to evaluate the employee, the supervisor or Personnel Officer can .extend the probationary period fof. an additional period, not to exceed three (3) months_ a_ Extension of protiationary period will be based on the written performance review_ b_ The performance review will take place ten (10) working days prior to the end of. the initial. probationary.period_ 4. Rejection during probation period. During the probationary period, an employee may be rejected at . arty time for any reason. by the Personnel Officer. .Employees Who are dismissed during their probationary per - 'bave no right to hear" or appeal. Notification of rejection must be served to the probatioreaty employee in writing_ 5. Promoted employees_ . A - promoted employee who does not successfully complete -the probatrorrary period yvitl be reinstated to his or her former position or to a comparable posifion_ if, however, the employee is discharged for cause, the employee has no right to reinstatement. - t'i_ An emptoyee.who successfully cdxrepletes a probation. period achieves regular status in his /her. class and is known as a regularemployee_ CITY OF ROHNERT PARK -Personnel Rules and Regulations Page 26 61 39 CITY of ROHNERT PARK Personnel Rules and Regulations SECTiON:.6 - SEPARATON AND,REtNSTATEMENT 4n employee may be sepa�.ated from employment by iesigriation, dismissal, retirement; or. layoff on account of ack of work or lack of funds_ The dismissal for cause of regular employees will be in accordance with the 3rovisions of Section8: Other separation procedures and reinstatement procedures are set forth below. A. Separation andlor Resiunabon .- An employee wishing to resign is required to notify his /her supervisor in writing at least. two weeks .prior to th(* intended leave from City. em pioyrrien #: At .copy of the written resignation will be. given to. the •Personnel Officer and then placed in ihe_err)ployee's'personnet file. 1. An employee *)o'has resigned'in writing: may withdraw his /firer resignatio'.w.priti:.. to the final date slated on the fetter of resignation_ The withdrawal fetter will also be placed in his/her personnel fife. 2. An employee who leaves employment' without so filing a written resignation. and, giving two (2) weeks notice, as required above. will have this fact noted in his /her. file and maybe denied future employment by the City. 3. Reinstatement -Upon application of a former regular emptoyee, who has pro perly. resigned; t Personnel Officer may, at his/her sole discretion, approve r he einstatement of the former emptoyee he provided below: as 1_ An employee separated from the City's employ for six (6). months "or less may be reinstated without competitive examination to the position held at date of separation, or to any other position. within the same classification for which the employee would have been eligible -at time of separation. Former regular full -time City employees returning to City service.within the six (6) month period wilt be granted the full benefits they were receiving at time of separation_ as if there was no break in:service_. 2. An employee separated .from the City's e treated as a new employee_ mploy for over six .(6) nionfhs who 'is 'reinstated,- shall. be 3. The City will reinstate into'the position.•frorrr which he/she has been piomolecf any empfoyee.who #ails -during promotion to which he/she Ns'been promoted_ 4. Any employee who resigns without. proper 'notice or resigns during an in or disciplinary action will not be eligible for.reinstatement 5- An employee who is granted an authorized leave to which he or she is entitled under a federal, state, or local taw requiring reinstatement •shall be reinstated to his/her for m er position as provided by law. L. ayoff Whenever it becomes necessary to reduce the number of employees, economic considerations, changes in miss Pl yes due to lack of work, 9e ion, technological changes, or as determined by the Personnel Officer based on other factors .or when...a p0sitiorl "_ in .lhe das ified 'services .is. to . be eirrporar y. or Permanently abolished, the Personnel officer"ylritt: rrotif�, [Fie Hurrrair._ Resoiirees Departrrien #.the numbeP of employees to be.: laid off, or the dames `trill number° 0t' positions "to be abolished:. The'.' pu!rlx,Se . of the Procedures set forth below is to esiafilish equitable standards fo regulate sud layo{{S The' to to reduce its work. #orce.is "a rna"agement right, thus no due process or grievance procedures a the decision is not subject to "meet and confer" requirements. These procedures apply Only-16 y. a� employees (full or parttime) and probationary em* I"yees'(initial oYp(omotiorial/transfer} P y regular 7. identification_ The Personnet.Of€icer:on.the basis of the administrative needs of the City determines The departments and positions st bjecl toaayflif: 2- Order of layoff_ 'ITY OF ROHNERT PARK Page 2Z of 39 'ersonnel Rules and Regulations CITY-OF ROHNERT PARK Personnel Rules and Regulations ' a. Within. a classiticatiori, those employees who. probationary employees in- their initial wil probationary period will be laid off first, followed by employees in a . promolionat or Iransfer probationary period_ b_ The order of layoff :for regular employees within a department will be determined by considering business necessity, each employee's job performance and competence, and seniority_ i_ "Seniority 'tor purposes of this Section shafl.be determined by adding together all time spent in City. service, in whatever capacity, expressed in terms of years, months, and days, The :seniority calculation shall not include disciplinary time off without pay or time spent on unpaid leave (unless federal or state law requires it to be included in the seniority calculation)_ ii_ Once seniority determinations have been made, layoffs are made in reverse seniority order (i.e. the most junior employees are laid off first). iii. Ties:.in seniority shaft be resolved by the f ?ersonnel Officer, taking into account.lhe past performance, disciplinary actions (it any), supervisor recommendations, and such other facts as. wilt result in the City retaining the most qualified and efficient employees. 3. Notice_ Employees shall be given at feast ten (10) business days' written notice prior to the effective date of the pending layoff. A copy of the notice shall be retained in the employees personnel file. 4: Exclusions_ In certain instances, there maybe exceptions made in. the order of layoff outlined above_ These exclusions -would be made when_. a. .speciality posiWr) when qualifications for the position could not be easily obtained through a short orientation or familiarization period. b_ transfer in lieu of layoff- Within the affected department or departments, a regular empdoyee.who is-scheduled for layoff may be offered a voluntary reduction in classification to a lower level job' classification• . provided helshe meets the minimuiin qualifications, and/or obtairi . proficiency'. through a short orientation period. c_ a voluntary reduction by taking early retirement and/or "golden handshake*'. S_ Retreat frights /voluntary demotion in lieu of layoff_ a. -AR emplayee who would iitherwise be laid off has the right .to retreat to a vacant position which he or she previously held, provided the employee meets the current minimum qualifications for the position_ b; An empfojree . who would olherwise be' laid off has tiie right to retreat to another position in the' same -edassifrcaliori :series. or: to any position the employee .has previously held and. for which the employee is gWlidled -that `is occupied' by an employee of lesser seniority. The result is-that the more:senior'erbployee `bu mps" the junior employee, who then'is entitled to the retreat/demotiori . rights set forth herein.. :c_ An employee who would; otherwise be laid off may request to be temporarily demoted to any vacant position' €or''which the employee is qualified_ d�. An employee who wishes to exercise any of the rights set forth in this subsection 5 rnustso notify The Personnel Officer in writing within five (5) business days of receiving the notification 'of pending layoff- CI TY OF ROHNERT PARK Page 28 of 39 Personnel Rules and Regulations CITY -OF RQt-INERT. PARK Personnel Rules and Regulation' e: An employee who retreats or is demoted to a position as provided herein must serve the probationary period applicable to the new position unless the employee previously completed the probationary period in that position. 6. Reinstatement lists: The. names of regular employees who have been laid off, including those who have accepted a demotion or .retreated to another position are to be placed on a layoff . reinstatement list b' seniority within the classification from which the employees were laid off_ 'An employee's name -remains on ihis,.list for, a period .of one -(t) year from 'date, of layoff; an employee's name may be removed for. any of the following reasons: a_ Reappoinirnent.ol ihe.emptoyee to his /her former classification . b_ Notification from employee that he /she is no.longer interested in returning to the City. c_ friability to contact the employee by mail or phone at the employee's last known address in the employee's official personnel file- d- Rejection by the employee of an offer of employment within the same job classification_ Failure to respond within five (5) business days of the offer shalt be deemed a rejection - 7. Offer of reinstatement, !f the position previously held by a laid off employee becomes vacant ;. or it another position within the same classification series becomes vacant, then the employee with the most seniority�on applicable reinstatement list shall be offered the vacant position. 8. Restoration of benefits upon reinstatement_ When layoff, employee is reins tated to employment after ff all his . or . her prior service shall.. be' counted toward the calculation of leave accruals and . seniority. Any unused sick leave virfiich the employee had accrued at the time of .layoff shall be restored:; if an employee is reinstated to a..-position in which he or she was serving a probationary period rat _ttie'tiii e_of' layoff, all" t- on ptobation previously . completed. prior .0 layoff_ shall be counted low�arel deiej.mining:when "the. probafronary period ends_ SECTIUNJ, - INCOMPATIBLE ACTIVITYI..CONFLICTS OF. INTEREST a. Iricornpatible Activity = Certain activities-are incompatible with ethical, effectiv All City: employees are prohibited from= e employment with the .City. I. Partiapatrrig in improper political activity prohibited by the federal Hatch AG or pertinent provisions of _State L'aw including the'California Government Code- 2. Using for private gain or advantage the influence of a City position or the facilities, equipment and supplies of the City, 3. Soliciting any favors or .gifts from persons., concerns or corporatio ns who have,. or seek to have; business contacts with the City, 4• Accepting any favors or gifts from persons, concerns or corporations who have, or seek. to have, business contacts with the City in excess of the Conflict of €nterest guidelines established in the Rohner( Park Municipal Code Chapter 2.60; 5. Divulging confidenfial.iiIforrrration to anyone to whom issuan authorized, or ce of such information has not been 6. ' ;Participating in any employment or other activity, which will prevent an employee from doing his/her City jab. in an efficient and capable manner, is illegal pursuant to state. or. federal law, or which might ,ITY OF'ROHNERT PAR(( Page 28 0# 39 . 'erson"t Rules and Regulations CITY OF t OHMERT PARK 'ersonnel Rules and Regulations result in a conflicCof interest between the employee's private interests and his /her official duties and responsibilities. B. . Outside Employment - City employees are expected to work for the City's bests interests and to devole Their best energies and skills to their positions. For this reason, City employees are prohibited from accepting outside employment that could conflict with the best interests of the City or interfere with the employees ability. to perform his or her City position: Examples of such prohibited outside employment include, but are not limited to: 1. jobs/business conducted during the employee's work hours with the City, 2. jobs /business that prevent the employee from being available for necessary overtime or emergency work period outside his or her normal working hours when. such overtime or emergency duty is a regular part of his or her job; 3_ business conducted using City facilities, resources or equipment (including telephones, computers, supplies, etc.) SECTION 8 - DISCIPLINARY ACTION City employees are expected to meet certain standards of job performance, interpersonal interaction, and conduct. The City may discipline any employee whose conduct or perforrr►ance fails to meet reasonable City standards, i.e_ for cause. Discipline may be imposed for a single incident or for a pattern of conduct. The specific discipline ,imposed is intended to focus.the attention of the employee on the performance or conduct problem and,, except in cases of discharge, to encourage changes in behavior. Disciplinary actions include but are not limited to: counseling, oral reprimar:►d, written reprimand, reduction in . . pay, suspension without pay, reassignment, demotion, and• discharge. Alth6u_gh -the City generally applies the concept of . "progressive discipline," discipline may include any one or any combination of actions, .and the actions need not .necessarily be- applied in a defined order- Instead, the discipline imposed will .be determined according to the severity of the infraction(s), regardless of whether prior'discipline has'been imposed: Only regular employees who have successfully completed their probationary period have the right a to hearing and appeal as described in this section_ An employee not covered. by this Section may be disciplined without reference to these provisions, such an employee has no-protected property interest in his or her emptoyment_ A- Causes for Disciplinary Action -Any regular employee maybe disciplined for" 96W cause ". Good cause is defined as reasons including, but not limited to, the.following: 1_ Fraud in securing employment; 2_ Incompetence or inefficiency; 3- Failure to maintain required licenses, credenfrals, certificates or other conditions for employment as specified in assigned classiiicaton; . . 4. Insubordination; 5. Dishonesty-, 6. Neglect of duty, or inattention toldereliction of duties; 7- Violation of City or Department rules and regulations, policies, procedures or generalorders, whether oral or written; CITY OF ROHNERT PARK Page 30 of 39 Personnel Rules and Regulations CI1YOF'ROHNERT PARK Personnel Rules and Regulations • 8_ Disclosure of confidential personal information of another employee, 9. Negligent or willful damage to or waste of public equipment, property or supplies, 10. Improper or unauthorized use of City vehicles or equipment; 11_ Misappropriation, theft, or embezzlement of City property and /or funds; 1.2_ Unlawful harassment -or discrimination, or the failure to c6operate.with the investigation of harassment,' discrimination or other unlawfil, activities; 13_ Possession of an open' container, use of, or being under the influence of alcohol, non - prescription or unauthorized narcotics Or controlled substances during work hours, 14. .Excessive tardiness or.absenees, except in the case of approved leave; 15. Absence without leave, not returning from an approved leave -of- absence or obtaining a leave -of- absence under false pretense' 16. Soliciting any favors or gifts from persons, concerns or corporations who have, or seek to have, business contacts with the City; 17. Accepting any favors or gifts from persons, concerns or corporations who have, or seek to have; business contacts with the City in excess of the Conflict of Interest guidelines established in the Rohnerl,Park Municipal Code Chapter. 2.60; 18. f=ailure to_ observe-safety regulations and practices, including the use o equipment; f assigned personal ,protective 19. Discourteous, unprofessional .or abusive treatment of the public or other employees; 20. Use of abusive language; 21- Actual or threatened physical violence; 22. Conviction. (including, by plea of guilty or nolo contendere) of a felony turpitude; or any crime invotvirtg'rii.oral 23. Conviction of a misdemeanor (including by plea of guilty.or nolo contendere) that is of_a nature as to adversely affect the ernployee:s ability to perform the duties and responsibilities of his or her position_ f3_ _Minor D'escipline. - All supervisors are authorized 10 implement mina disciplinary measures_ Minor disciplinary actions are notsubject to appeal_ Examples of minor discipline inc the following 1. Oral repiiriiarrd_ An : oral admonition to an-employee whose conduct or Performance Must be improved. -and which detaffs the areas for improvement, the degree of improvement required, arxf a notice that failure to improve could result in- more serious disciplinary action. Oral reprimands are noted by the supervisor, but are not documented in the employee's personnel file_ 2 Documented counseling_ A written memorandum showing that the supervisor has met with the employee to discuss a specific problems} or deficiency and which sets forth the recommendations given to the employee to address: the problem(s) or deficiency 'in order to improve performance_ A[thougti a copy may be sent to the employee's personnel file, documented c6unselin9 rrsemoranifa are, typically maintained in the'supervisor`s file. until they are included by notation in the employee's formal Perforrrrame .ev$uatiorts_ XCfy OF R0HWRT PARK 3ersonnel Rules and Regulations Page 31 of 39 �CTY OF ROH"ERT PARK %rsonnet Rules and Regulations 3_ Written reprimand. A format written notice to an employee stating the specifi c details concerning the subject of the reprimand, summarizing. previous related disciplinary action, if any, and .describing the . plan for improvement. A written reprimand shall include. the.date of the, reprimand and a statement advising the employee that continued conduct or performance at such levels may.resu[t in more serious discipline, up to and including _discharge_ At the time a written reprimand. is issued, the employee is entitled to bring a representative of his or .her choice_ - The employee shall review the reprimand and sign it and then .shall be given a copy of it_ Written reprimands are not subject to appeal, although an employee has three (3) working days following' the date of a reprimand to submit his or her own rebuttal comments, which shat[ accompany the reprimand iri the. employee's personnel file_ 4. Removal of minor discipline records - At the request of the employee, records of minor discipline will be removed from the employee's personnel file, three (3) years after the date of the written reprimand or documented counseling_ Records will be removed provided the employee has received satisfactory performance reviews in the subsequent three (3) year period from dale of the written reprimand/documented counseling and no further discipline has -been initiated. The employee shall initiate the request to remove records of minor discipline through his or her Department Head_ The employee's Department Head shall coordinate this request through Human Resources to ensure the appropriate criteria has been met to remove the records_ . Nothing in this section is intended to prevent documentation of progressive discipline_ G. Major Discipline - Major discipline may only be implemented by. Departmenl .Heads. Types of major discipline include the following: 1_ Suspension. The temporary removal of an'employee from'the City-service without pay for one (1) or more working days_ .. "Working days" shall be, deterrnined'by reference to: the affected employee's normal work schedule_ 2_ Merit decrease. A pay step reduction where performance falls short of the normal standards or where performance is clearty inadequate in one or more critical job duties. 3. Demotion_ The removal of an employee from one, position and reassignment to one of .lower grade or classification. 4.. Discharge. `The removal of. an employee from .City service when it has been deterrrrined the employee has been given a reasonable opporiunity -to conform his or her conduct to required behavior or performance standards and has failed to-do.so, or where an employee has committed one or more serious offenses for which no other disciplinary measure is appropriate. D_ Disciplinary Process - -Major Discipline. -Any imposhion of major discipline must follow the procedures set forth below_ 1. Notice_ A written Notice. of Intent to Discipline.( °Notice otintent') shall be prepared by the Department Head in consultation with the Human Resources Department_ The-NoWe of lntent•shatl state: -a. The specific lype.of disciplinary action. proposed; b. The effective date of the action; c_ The specific reasons) or cause(s) for the actions; d. A copy of all written materials upon which the .action is based,. and.. e. Notice that, prior to the imposition of the 'Major discipline, the employee leas the right to respond orally or in writing at an informal hearing to explain why the employee believes the proposed CITY Of ROHNERT PARK Page 32 of 3.9 Personnel Rules and Regulations CITY-OF ROHNERT PARK Personnel Mules and Regulations major discipline should not be imposed. A request for such a hearing must be submitted in writing within ten (10)'working days of receipt of the Notice of Intent. 2_ ]"formal hearing (ii-e- Skelly. hearing). At the employee's request, an informal hearing will beheld prior.to the imposition of major, discipline. This hearing is not an evidentiary hearing, but rather an 'opportunity for the employee to.preseril .information as to why the proposed major discipline shoutd-.not . be imposed: Except by stipulation of the City and the employee, the hearing shall take place wit ten working (10).days of the employee's request for hearing and it may be resche hin nuled only once at the employee's request_ The foflowiA parameters -apply io the in #ormal hearing: a_ The nearing shall be conducted by a responsible person designated by the Personnel Officer_ b_ The hearing shall include the employee, the. employee's chosen representatives) - .(reasonable number), and others as directed by the hearing officer_ Absent extenuating circumstances,.the employee's failure to appear waives his or her right to such a hearing. c. The hearing shall be tape recorded or stenographically: recorded, and a copy of the tape recording or transcript shall be provided to the employee upon request_ d. At the hearing, the employee shall be given an opportunity, either orally or in writing, or both, to. bring forward facts or circumstances which may cause the charges to be revised or dismissed. If the employee's. information is presented by his or her representative, all statements. made by the representative shall be attributed to the employee as it made by him or her personally, and it is the employee's obligation to correct any misstatement(s)by the representative_ e. Following the hearing, the hearing officer will make a written recommendation to the Department Head who issued the Notice of Intent as to whether the •proposed 'discipline should be unposed, modified, reduced or dismissed: 3:. Notice of discipline. t ollowing the iniormal hearing, it requested, the same Departinent.Head who issued the Notice 'of. Intent shall consider the hearing officer's recommendation to. determine how to proceed- N he or she decides to dismiss the proposed. discipline; written notice of the dismissal shall be.provided to the'ernployee as soon as practicable. if the decision is to impose discipline either as proposed or.irn some modified or reduced form, a written Notice of Discipline shall be prepared. The Nofce of Discipline shall state_ a- The.specifrctype of disciplinary.action that will be imposed; b.. - Jbe specific re?ason {s) or;cause(s) for the actigres, telling- torth specific'facts.lhat form the basis for the decision; c. The effective dale: of the. action; and d:- The applicable appeal rights available to the employee pursuant to lhese Personnel Rules_ Disc -ipf Teary action becomes effective On* .the date stated in the Notice of Disciplinary Action, notwithstanding an employee's timely. request for an evidentiary hearing before .the Personnel Officer- -- Anneal from. Nlaior [?isciptine _- Any:--employee on.whom major. discipline has`beere imposed shall be entitled. W. an appeaEhearing.as set.forth below. 1_ Timirtg...An employee wishirig to exercise the appeal .tights provided in this Section must .deliver a written: Notice 4 Appeal to the e- Personn *1 Officer within ten (10) working days: after the date of the -Notice ©FDiscipline_ . ;ITY OF RQI- MERT PARK Page 33 of 39 'ersonnel Rules and Regulations ITY OF R-01-INERT PARK ' 'ersonnel Rules and Regulations 2. Employee re.presentatiori. Employees may represent themselves or be represented by legal counsel or representatives) of the employees recognized employee organization. 3_ Evidentiary beating: An .evidentiary hearing before a neutral hearing officer shad be arranged for by the Assistant City Manager or his/her designee and.shall,.absent extenuating circumstances, be held within thirty (30) working days of the receiving the Notice of- Appeal- Thei hearing shall be closed and confidential. Prior to the. hearing, the Assistant City. Manager or.•his/her designee shall supply "the hearing officer with (1). the Notice of Intent-and any attachments, (2) the Skelly hearing officer's written recommendation, and (3) the Notice of Discipline and any attachments_ Other hearing procedures are ' as follows. 3 a_ The employee's presence is required. Failure to appear at the appeal hearing unless physically . unable to do so shall be deemed a withdrawal of -the appeal and a waiver of -any further right of " administrative appeal- b- The hearing shall be stenographically recorded-: "l c_ Any and all witnesses other than the City's representative shalt be excluded fromahe proceeding until called to testify, except as mutually agreed to by the employee and the Cily's representative_ ' d- Order of hearing -shall be. ;. The City's representative, followed by the employee, may make preliminary opening j statements_ ii_ The City s representative, may present oral or. documentary evidence,. or both; in: support 'oi the City's position; the employee may cross- examine all vtnesse's called by the City- -iii. The. employee .may present oral or Aocument ary evidence, or both, in support of the ein}iloyee's position; the City's repres6hialive may cross= examine all Witnesses calle4':by the employee_ f iv. The Cilys representative, followed by the ernptoyee, may snake a closing statement_ ., e. The hearing shall be conducted in an efficient manner conducive to determining the issues,, however, the technical rules ofevidence do not apply_ '.Any relevant evidence may:be. admitted. if it is the sort of'evidence on which responsible persons are accustomed lo.rej%ing in the conduct of serious affairs_ Oral evidence shall lie taken .drily upon oath-or affirmation_ Hearsay evidence may be used for various purposes;. however, hearsay standing .alone and property objected to shall nol be competent to prove a charge_ Irrelevant and unduly repetitious evidence may be excluded, 'as shall evidence that would violate other -employees' rights to - privacy and confidentiality of their personal • information. The hearing 'officer (with advice" of appointed counsel, if necessary). shall .rule on `any objeciioris shade to 'the admissibility of evidence or otherwise_ retating to the conduct of the hearing_ t_ Foltovving the conclusion of. the -hearing, the hearing officer shall :prepare written findings and . recommendations and provide them to.:Ib& City Manager, The- hearing officer may recommend changes to the proposed discipline_ . However, if the hearing officer finds that_the under : facts h'ro9 giving rise to the charge(s) are proved by a preponderance• of the. evidence, 'the hearing officer.: may not recommend a fedtictiori in discipline if reasonable Minds could differ as ' to the. proper level of clisciptine_ If the hearing officer recorrlir►ends a. reduction in discipline,. he or she must make a specific finding that reasonable minds could not differ as to the appropriate :level. of discipline and set forth the facts upon vi hich' he or she based such finding. if .the hearing officer finds that none of the charges are supported by the' evidence presented, the recd_ mmendation shall be that no disciplinary action be taken_ Cliff OF ROHNERT PARK Page 34 of 39 Peisoninet Rules and Regulations CITY -6F ROt -INERT PARK Personnel Rules and Regulations 4. City Manager's Determ'rriatiori. The bearing officer's findings and recommendations shall be forwarded to the City Manager for his or her ;review_ Th..:City t Manager will follow the recommendations of the hearing officer unless he or she can show cause that the" hearing officer abused his or her discretion. a_ The City Manager shall review the entire record, (including .ihe Notice of intent, the record of Skelly proceedings, the Skelly officer's written 'recommendation, .the Notice of Discipline, the evidence and record at the evidentiary hearing, and the .appeal hearing officer's written findings. and recommendations). b_ The City Manager shall issue a decision imposing the disciplinary action he or she- deems appropriate and in the best interests of the City_ c. The City Manager's decision shall be in writing and shall be final. I.I. shall include a copy of the appeal, hearing officer's findings and. recommendations .and shall be fited as. a permanent record in the employee's personnel file- d. Notice of the City Manager's decision, along with a copy of both ihe;Gity. Manager's decision and the appeal hearing officer's findings and recommendations, shall be served -on the employee by personal service or by registered or certified mail_ The notice shall also include a statement of the employees right to seek judicial review within 96 days pursuant to Code of Civil Procedure 1094.6. Use of paid administrative leave. Nothing in this Section is intended to abrogate the City's right to place an employee on paid administrative }cave during the investigation of circumstances that could lead to the imposition 61 discipline or for any other reason that is in the Citys best interests. 3.. Disciplinary Action for specific employees of 'she De.partrrrent of Public- Safety- Under :California Government Code Section 3300, 'the State of California enacted the Public Safely Officers' Procedural Bill of Rights (POBRA)_ As defined under Cali €drnia Governrbeht Code Section 3301, the positions within 'the City that .are covered by the POBRA are the following: Public Safety 'Officer Trainee, Public Safety Officer; Public Safety Sergeant, Public Safety'Supervisor (.LT), Public Safely Division Commander, and Director of Public Safety- it shall be the policy 'of the City to extend these same rights and privileges to all non- safety members of the Rohnert Park. Pubi l Safety Officers' Association, except [hose than by their very nature could only apply to peace' offrcers..andfor firefighteis_ All. subsequent revisions to California Code sections 33pp et sell and r;otirt:interpretatioris of these statutes shall also be binding on the City with respect to non safely members Association_ of the Rotipert :Park Public - Safety Officers' . For safely and non-safely employees alike, -the phrase "locker, or other space for storage that may be. assigned to him" as used in Government Code Section 3309 shall include, but' is not limited to,' a Public Safety employee's assigned City vehicle and/or the enclosed spaces of an employee's assigned desk or office area. Nothing in this section shalt preclude the City •from temporarily re assigrirng..a departmental asset to meet a necessary : operational requiretnerit. TTY OF ROHNERT. PARK Page 35 of 39 ersonnel Rules and Regulations :ITY OF ROHNERT PARK + 'ersonnel Rules and Regulations GLOSSARY - DEFINITION OF TERMS 1DMWISTRATIVE LEAVE - Absence with full pay and benefits, ordered by a Department Head or the City /tanager, when. the City's interests require the employee to .be away from the job_ XNNIVERSARY DATE -The date, which signifies the completion of each year of service by a regular _employee n a position an.dfor the date'an employee starts his/her probationary period for either original; promotional, or :hange in classification appointments_ WPLlCA1IT A person who has successfully completed and submitted an employment application for a Position for which the City is currently recruiting. %PPOTNTMENT - The selection of,_ and acceptance by,.an applicant to. a position in the City service in .iccordance with these rules.. AVERAGE SCORE - Means the combined average of ail- relevant, converted, and weighted scores obtained by 3 candidate for a given classification or position title_ ;ALENDAR DAYS = _Consecutive days within a specific time frame and. shall include . weekends and holidays_ -�ANDIDATE - An applicant for City employment who meets. the minimum qualifications of.the position applying or. and has been selected to begin the testing. process or a person on an eligibility. list_ CFRA - California Family Rights Act, state taw established in 1993; and is adminisleied by the California :)eparlment of Fair Employment and Housing- CITY COUNCIL- The duty elected governing body. of the city_ CITY MANAGER -R= The individual appoirited by the City Council to manage all City operations; departments, Dolicies and rules_ CITY SERVICE - The entire empl6ymerit•system'of the City, CLASSIFICATION A group of - positions .sufticiently similar in respect to duties and responsibiiities,'that fhe same descriptive .classification true may be. used to designate each position allocated to that. class- The same minimurn quali.fi.caliarrs-siiay be ,required of incumbents of positions in the class, and the same- examinations . . may be used to choose-quakfied em fiioyees. CLASSIFICATION SERIES - .A_group of classilicatrons sharing similar functions but differing as to level of complexity, difficulty and,-responsibility_ CLOSE RELATIVE = Relafive shall rhean. spouse, father, .father -in -law, mother; mother -in -law, Mother, brother - in -law, sister, sister ii�hw, 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. COMPENSATION - Any.salary, fee, or allowance paid to an employee for performing the duties and exercising the responsibilities of .3 position_ i3i;SGIPL #NARY ACTIONS - Actions . taken with the objective of obtaining employee compliance with rules, orders, procedures, standards of conduct and/or expected. job performance when non - .disciplinary corrective actions do not achieve compliance, or a particular event is serious enough to warrant disciplinary action on its oven. 'CITY OF R01-INERT PARK Page 36 of 39 Personnel Rules and Regulations CITY bF R0 NERT PARK Personnel Rules and Regulations DOMESTIC PARTNER -Two adults who have c committed relationship of mut n hose .to share one another', lives in an intimate and ual caring. To be 'eligible' both parties must file a ©e Partnership with the California Secretary of State_ cfaration of Domestic ELIGIBLE - A person whose name is on an employment. list ELIGIBILITY LIST - A list that contains the names of qualified candidates, for a specific classification, who. completed all examination processes and are ranked, in order of the score or rating received_ have. EMPLOYEE - Any, person appointed to fits ari 'authorized employment position in the. City* Fleeted officials, volunteers, unpaid interns, and those appointed to advisory boards, committees, and not employees_ .The categories of employees are: commissions are Regular: A regular employee is one who has passed probalion and holds a regularly autho42ed position With benefits. Regular employees may only be disciplined for cause.. There are. 3 types of regular employees: 1: Regular full-time: a person who holds a budgeted (40.) foity- hour'per week position,. with duties and responsibilities that do not end in a specific time period, and who is entitled to full benefits with the City Pursuant to the applicable Memorandum of Agreement or applicable Outline of - Management and Confidential Units. Benefits .for the 2_ Regular part -time: a person who holds a budgeted position, with duties and responsibilities that do not end in a specific time period, works for a specific number of hours, as defined; and fifis out a timecard, receives a salary and benefit package, proportioned to their agreed fixed work ratios (2t3 hours per week receives 50% benefits; 30 hours per week receives 75% benefits); 3. Specially - funded_ a person who.works.•ia.a. regular fult- or pail -time Position fancied by sources other tlian.City revenues (e.g.,.federal or state .grants.)_ Probationary A probationary employee is someone in a regular full- or part -time posiltan who is serving a trial period as provided in Sections 4 and 5_ Special: A special employee is one hired for a special purpose to meet the. needs of the City. Special employees include: 9_ Provisional employees - i_e_ an employee. who meets the minimum qualifications for who is appointed on an interim basis until the vacancy can be filled. a position and 2- Seasonal employees - A temporary employee appointed to. positions of limited duration of not' more than six (t3) months within a twelve (32) month period_ Seasonal employees do nqt articipate in' the City's benefit programs. p 3_ Emergency employees - employees hired to meet the r threatens life, property, or the equirements of a declared emergency which general welfare of the City -and: emergency ceases. whose position ceases when the. � - Probationary and Special Employees may be dismissed from such positions or disciplined with or without cause_ WRY LEVEL -- The initial position in a class series_ :XA!MtNATION - The process utilized to evaluate ihe.relative .skills. and knowled rospective employment or current employee who has. a lied fora change 'irl classification fand/or promotion PP ITY OF ROHNERT PARK ersonnel Rules and. Regulations Page 37 of 39 ;lfX OF ROHNERT PARK " 'ei'soanel Rules and Regulations techniques utilized may consist of, but not limited to_ any -of the following: traditional paper and pencil tests, ierformance tests, skills test, or.oral assessment - =XEMPT - An employee in a. specific classification who, according to the Fair Labor Standards Act (FLSA) is. exempt -front the City s overtime policies . and -is compensated for overtime through Administrative Leave, 3ccurnufated per specifications outlined in the .MOA's and /or Outline of Benefits . for the Management and �,'onfidenlial Units. FAMILY AND MEDICAL LEAVE POLICY -.Provides for employee leave during fimes 'of illness .or faimly emergencies. In compliance with California Family Rights Act and Federal Family Medical Leave'Act. FMLA - Family Medical Leave Act, federal law established in 9993 and - administered by the Departrilen! 'o€ Labor- GRIEVANCE GRIEVANCE - A .complaint by an employee relating to wages, hours, and working conditions_ Disciplinary action cannot be grieved. LEAVE -OF- ABSENCE WITHOUT PAY - Time away from work, which the employee has requested, and the . City Manager or his. designee. has approved, for which the employee is not paid and has the right to return to the. same position held before the leave was granted- MEMORANDUM. OF AGREEMENT (MOA) - A binding agreement on wages, hours, benefits,, and .other. conditions of employment for designated classes between .the bargaining units and' the City that have been adopted by the City Council_ HOLO CONTENDERE - Lat'iri for "no contest." in a criminal proceeding, a defendant may enter a'plea of nolo.. contendere, in which fie does. not accept or deny responsibility for the charges but agrees to accept punishment- NON-EXEMPT - An employee in specifc classifications who, according to the Fair Labor Standards Act (FLSA) is to receive overtime pay at 1 h times-normal pay for hours worked over 8, 9,' 10 in a 24 hr_ *period aridlor any hours worked over 40 hours in a 7 day period, as outlined in the MOA's and/or Outline of Benefits for the Management and Confidential Units. PDL -. Pregnancy Disability Leave, California law established in 9994, and administered by :the California Department of Fair Employment and Housing. PERSONNEL OFFICER - Is the City Manager, and is responsible for the administration of all Personnel Rules - Throughout these Personnel Rules, the term "Personnel Officer" denotes the City Manage designee. r or his or her. POSITION -.A specific office or employment provided by the budget, whether occupied or vacant, callingfor the performance of certain duties. Positions may be re temporary gular full-time, regular part-time, seasonal, hourly, and /or PROBATIONARY PERIOD _ A working test period during which an employee is required to demonstrate fitness for the position to .which appointed by actual performance in the posilion_ PROMOTION - The movement of a qualified employee from one class to another class rAth a higher.max►rrium rate. of -pay and greater job responsibilities. REINSTATEMENT - The re- employment of an employee who has regular or probationary slatus in a class,.who has been laid off, is returning irorri an approved leave. requiring reinstatement, oi. who has resigned in.,good stand -ing and•who,is enlitfed to preference Jn appointment to vacancies in that class_ CiTy OF ROHNERT PARK Page 38 of 39 .Personnel Rules and Regulations 61TY OF Ro HNERT PARK ,Personnel Rules and Regulations RPEA — Rohnert Park Employees' Association. The labor bargaining and representation unit for administrative, technical and support employees_ RPPSOA - Rohnert Park Public Safety Officers' Association. The labor bargaining and representation unit for Public Safety Sergeants; Public Safely Officers, Public Safety Dispatchers, Communications Supervisor, Community Services Officers, Part -Time Dispatchers, and Public Safety Officer Trainees - RULES - The Personnel Rules and Regulations of the City of Rohnerl Park as contained in this document_ SALARY — A regular employee's base pay as approved by the City Council in the classificalio i_e. pay rates and ranges, computed on a monthly basis. n and salary plan SALARY RANGES — The ral'e(s) assigned to a classification in the pay rates and ranges- SEIU — Service Employees. International Union Local 707. The tabor bargaining and representation unit for certain .City employees in The Department of Public Works. TEMPORARY APPOINTMENT'- TtillENT - An employees or applicants." .appointment of limited duration. in the absence of available eligible TERMINATION - The 'ending of any employment relationship between an employee and the City_ TRANSFER - A change of an employee from one position to another position in the same class or another class laving essentially the maximum salary limits, and involving the performance of similar duties. NORKDAY - Is a twenty -four (24) hour period beginning at the same time each calendar day. NORKWEEK - Means any. forty (40) hour period within" sever- -Q) consecutive days starting with the same �tendar day each yveek 2ESOLUTION5 EFFECTING PERSONNEL POLICY RESO 79 -22 — E€ViPLOYEE GRIEVANCE PROCEDURE -RESO 92 -78 — EQUAL OPPORTUNITY EMPLOYER -RESO 92.79 POLICY AGAINST DISCRIMINATION BASED -ON DISABILITY — ADA RESO. 93-38 AGAINST'HARASSMENT RESO 99 -01 — ELECTRONIC MEDIA USE RESO 91 -192 — ANTI -DRUG POLICY RESO 87 -117 — DEPENDENT CARE AS PROGRAM RESO 00 -10 — EMPLOYEE COMPUTER PURCHASE. PROG RESO 03-71 PROVIDING FO RAM (PERMANENT AS OF 2000 — R CONTINUATION OF SALARY. AND BENEFITS FOR ELIGIBLE CITY- EMPLOYEES CALLED TO ACTIVE MILITARY DUTY OR TRAINING RESO 03 -235 - OUTLINE Of= THE CITY'S COMPLIANCE WITH THE HEALTH INSURANCE PORTABILITY AND ACCOUNTABILITY ACT OF 1996 TTY OF ROHNERT PARK ersonnel Rules and Regulations Page 39 of 39 II►191 Catastrohic Leave, 7 Compensation Adjustments, 16 Family and Medical Leave, 7 A Funeral Benefit, 10 Fiscal/Budgetary Impacts, 17 Health Care Tax -Free Dollar Account Program, 15 Adoption Benefit, 10 Hearing Aid Benefit, 7 Alcohol, 17 Life Insurance, 10 Alcohol and Drugs Longevity and Incentive Pay, 14 Alcoholic Beverages or Other Drugs, 17 Long -Term Disability Insurance, 10 Off Duty Hours, 17 Medical and Health, 8 Prescription Drugs, 17 Alternate Benefit, 8 Alcoholic Beverages or Other Drugs, 17 Paternity Leave, 7 Alternate Benefit, 8 Retirement Plan, 401(a), 15 Americans with Disabilities Act, 8 Retirement Programs, 14 Automobile Allowance, 16 Sick Leave, 7 Dental Coverage, 8 Sick Leave Accumulation, 7 C Vision.Coverage, 9 Drugs, 17 Funeral Benefit, 10 Catastrohic Leave, 7 Compensation Adjustments, 16 G Automobile Allowance, 16 Fiscal/Budgetary Impacts, 17 Grievance Policy and Procedure, 18 Paychecks, 17 Life Insurance, 10 Total Compensation Survey, 16 H Condition of Employment, 18 Limited Duty, 8 Counseling Services, 16 Health, 8 Counseling Services, 16 Health Care Tax -Free Dollar Account Program, 15 D Hearing Aid Benefit, 7 Deferred Income, 1 I Holidays, 4 Days of Work, 3 Day of Mourning, 4 Death /Bereavement Leave, 10 Holidays Observed, 4 Deferred Income, I 1 Proclaimed Holidays, 4 Dental Coverage, 8 Hours of Work, 3 Dependent Care Assitance Program, 15 Hours, Days and Period of Work Drugs, 17 4/10 Schedule, 3 5/8 Schedule, 3 E 9/80 Schedule, 3 Regular Work Period, 3 Education, 14 Regular Workday, 3 Effective Date, 19 Employee Death, 8 j Employee Performance Evaluations, 20 Employees Hired After July 1, 1993, 18 Incentive Pay, 14 Invalidation, 19 F Replacement, 20 Suspension of Agreement, 19 Family and Medical Leave, 7 Fiscal /Budgetary Impacts, 17 L Fringe Benefits, 6 Administration, 6 Lap Swimming Program, 18 Administrative Leave, 6 Life Insurance, 10 Adoption Benefit, 10 Light Duty, 8 Americans with Disabilities Act, 8 Limited Duty, 8 Catastrophic Leave, 7 Longevity, 14 Counseling Services, 16 Long -Term Disability Insurance, 10 Death /Bereavement Leave, 10 Deferred Income, 1 I M Dental Coverage, 8 Dependent Care Assistance Program, 15 Management Rights, 19 Education and Training, 14 Medical, 8 Employee Death, 8 Military Training, 5 OUTLINE- Management ❑ July 1, 2009 through June 30, 2011 Page 22 N Non - smoking Status, 18 Sports Center, 18 Non - Discrimination, 20 Suspension of Agreement, 19 Non - smoking Pay Premium, 17 Non - smoking Status, 18 T O Term of Outline, 19 Effective Date, 19 Off Duty Hours, 17 Termination Date, 19 Termination Date, 19 P Training, 14 Paternity Leave, 7 U Paychecks, 17 Period of Work, 3 Use of City Facilities, 18 Personnel Files, 20 Sports Center and Lap Swimming Program, 18 Prescription Drugs, 17 V Residency, 18 Retirement Plan, 401(a), 15 Retirement Programs, 14 S Sick Leave, 7 Sick Leave Accumulation, 7 Smoking, 17 Condition of Employment, 18 Employees Hired After July 1, 1993, 18 Non - smoking Pay Premium, 17 Vacation, 4 Benefit, 5 Eligibility for New Hires, 5 Maximum Accrual, 5 Schedule, 4 Schedule Based on Seniority, 5 Sellback, 5 Vision Coverage, 9 W Work Curtailment (No Strike Clause), 19 OUTLINE- Management ❑ July 1, 2009 through June 30, 2011 Page 23